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0 tracked cards Political and Public International Law
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In the province of Veridia, the Provincial Board of Canvassers has completed canvassing for the gubernatorial race and proclamation is imminent. The losing candidate, Maria Dela Cruz, files with the Supreme Court a petition for certiorari, prohibition, and mandamus seeking to restrain the proclamation on the grounds of grave abuse of discretion amounting to lack or excess of jurisdiction by the Provincial Board of Canvassers in excluding certified returns from five precincts which would alter the outcome. The Court issues a temporary restraining order to preserve the status quo, but proclamation occurs two days later while the TRO is pending. (a) Is Dela Cruz’s action a proper pre-proclamation controversy? Explain the governing rule and the standard to be applied. (b) Identify the controlling remedy in such a case and justify why it is the proper vehicle for relief before proclamation. (c) If the proclamation has already taken place, what post-proclamation remedy would Dela Cruz ordinarily pursue, and what are the limits of that remedy relative to pre-proclamation challenges?

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Clara

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