Flashcards Studio

(a) Identify the central doctrine governing inclusion and exclusion proceedings in Philippine suffrage law. (b) Apply that doctrine to the following facts: In the City of Ilagan, a petition for inclusion is filed with the City Board of Canvassers by the City Election Office on behalf of Marcos Dizon, a registered voter in Ilagan. Dizon asserts that he currently resides in Ilagan; notice of the hearing is mailed to his last known address and arrives only on the day of the hearing. He appears and seeks to present documentary evidence of residency and to cross-examine witnesses. The Board admits only the petitioner’s evidence and denies his 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 Dizon pursue and why, and what result would you expect? (c) If due process was violated, explain the appropriate remedy and the expected outcome, naming the party who would typically bear the burden of the remedy and why.