Flashcards Studio

(a) Identify the central doctrine governing who may file an election protest and where it must be filed in Philippine law.
(b) Facts: In a province, Candidate A loses the gubernatorial election to Candidate B. Candidate A then files an election protest alleging irregularities in the canvassing and partial returns from the provincial capital, asking that the proclamation of Candidate B be set aside. The protest is filed with the Regional Trial Court of the province. The respondent moves to dismiss on grounds of lack of jurisdiction, contending that election protests fall under the exclusive original jurisdiction of the Commission on Elections (COMELEC) and must be filed there. The protest is timely and supported by sworn statements from three voters and copies of the provincial canvass returns. Decide whether the protest may proceed, and state the governing rules you apply.
(c) If the protest is proper, outline the remedy the proper forum may grant and the possible outcomes.