Practice question
In a candidacy case, COMELEC acts as a quasi-judicial tribunal but relies on undisclosed adverse factual material and gives the affected aspirant no real opportunity to answer it. Officials say their election-administration mission dispenses with these protections. Under Mustapha, which answer is correct?
- The mission does not remove the duty to afford a real hearing opportunity, consider disclosed evidence and support the decision properly
- Every election purpose automatically validates undisclosed evidence
- The aspirant must guess what evidence the tribunal used
- Due process applies only to private contracts
- A tribunal may simply adopt a subordinate's conclusion without independent assessment
Legal references
- Mustapha v. COMELEC, G.R. No. 277177, July 8, 2025, main decision, procedural duties in candidacy adjudication: https://lawphil.net/judjuris/juri2025/jul2025/gr_277177_2025.html
- 1987 Constitution, Article IX-C, Section 3, COMELEC divisions and reconsideration: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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