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Philippine Bar review · Question

Practice question: Duties of the COMELEC

Multiple Choice Hard Jurisprudence

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?
  1. The mission does not remove the duty to afford a real hearing opportunity, consider disclosed evidence and support the decision properly
  2. Every election purpose automatically validates undisclosed evidence
  3. The aspirant must guess what evidence the tribunal used
  4. Due process applies only to private contracts
  5. 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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