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Poe vs. Arroyo PET Case No. 0002, March 29, 2005

Facts: During the May 10, 2004 Presidential Elections, Arroyo was declared as the candidate who garnered the most number of votes for the presidency while FPJ followed in the second place. July 23, 2004 FPJ filed an election protest at the Presidential Electoral Tribunal contesting the votes of Arroyo. On December 14, 2004, the Protestant died in the course of his medical treatment at St. Luke’s Hospital.

Issue: May the widow substitute/intervene for the protestant who died during the pendency of the latter’s presidential protest case?

Held: NO.Rule 14. Election Protest.
Only the registered candidate for President or for Vice-President of the Philippines who received the second or third highest number of votes may contest the election of the President or the Vice-President, as the case may be, by filing a verified petition with the Clerk of the Presidential Electoral Tribunal within thirty (30) days after the proclamation of the winner.
Since in this case, no real parties such as the vice-presidential aspirants in the 2004 elections, have come forward to intervene, or to be substituted for the deceased protestant, the petition must be dismissed.

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