Question

Scenario:

In a closely contested national election, Candidate A and Candidate B are vying for the position of President. After the election, the Commission on Elections (COMELEC) starts the canvassing of votes. However, before COMELEC can officially proclaim the winner, a pre-proclamation controversy arises.

Questions:

1. What is the nature of a pre-proclamation controversy in the context of Philippine elections? Explain.
2. What is the proper remedy available to the parties involved in a pre-proclamation controversy? Discuss.
3. Assuming that Candidate A files an election protest before the Regional Trial Court (RTC) questioning the results of the election and seeks to restrain COMELEC from proclaiming Candidate B as the winner, what legal basis can Candidate A rely on for the issuance of a Temporary Restraining Order (TRO) or Preliminary Injunction? Explain.