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Question
In the City of San Isidro, the City Board of Canvassers has completed canvassing for the mayoralty and proclamation is imminent. The losing candidate, Maya Prieto, 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 City Board of Canvassers in excluding certified returns from seven 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 Prieto’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 Prieto ordinarily pursue, and what are the limits of that remedy relative to pre-proclamation challenges?