Philippine Bar review · Question

Practice question: Inclusion and Exclusion Proceedings

Multiple Choice Hard

Practice question

A candidate relies on a trial court's earlier voter-exclusion ruling discussing his residence. In a distinct proceeding before COMELEC concerning his qualification for office, he argues that every factual finding in the earlier summary case is conclusively binding, even beyond his right to vote in the precinct. Under Domino, which assessment is correct?
  1. The earlier summary determination does not conclusively settle all separate candidacy questions beyond its voting-list function.
  2. Every incidental finding binds all forums forever.
  3. Registration automatically proves every office qualification.
  4. COMELEC loses all constitutional powers after any registration case.
  5. The candidate may expand the first court's jurisdiction by agreement.

Legal references

  • Republic Act No. 8189, sections 32–35, https://lawphil.net/statutes/repacts/ra1996/ra_8189_1996.html
  • Domino v. COMELEC, G.R. No. 134015, July 19, 1999, inclusion/exclusion discussion, https://lawphil.net/judjuris/juri1999/jul1999/gr_134015_1999.html

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