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All Jurisprudence based

0 tracked cards Political and Public International Law

Identify the central doctrine governing inclusion and exclusion proceedings in Philippine suffrage law. Apply that doctrine to the following facts: In the City of Dasmariñas, a petition for inclusion is filed with the City Board of Canvassers by the City Election Office on behalf of Kaela Rivera, a registered voter in Dasmariñas. Rivera asserts that she currently resides in Dasmariñas; notice of the hearing is mailed to her last known address and arrives only on the day of the hearing. She appears and seeks to present documentary evidence of her residency and to cross-examine witnesses. The Board admits only the petitioner's evidence and denies her requests to cross-examine; the inclusion order is granted, which is later affirmed on administrative appeal by the Commission on Elections. If due process was violated, what remedy should Rivera pursue and why, and what result would you expect?

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The central doctrine is that in inclusion actions the burden of proof lies on the party opposing inclusion; remedy: appeal to the Commission on Elections for reconsideration. The central doctrine is that the standard of review is substantial evidence; remedy: petition for certiorari to challenge grave abuse. The central doctrine is that cross-examination is routinely allowed in all inclusion/exclusion proceedings; remedy: nothing; the order stands. The central doctrine is that inclusion and exclusion proceedings are quasi-judicial with strict due-process rights; the burden of proof in inclusion actions rests on the voter seeking inclusion; if due process is violated, the proper remedy is a petition for certiorari under Rule 65 with the Supreme Court, challenging grave abuse of discretion amounting to lack or excess of jurisdiction, which should lead to annulment and remand.

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