Philippine Bar review · Question

Practice question: Inclusion and Exclusion Proceedings

Multiple Choice Hard

Practice question

A party asks COMELEC to act as the original judicial tribunal on an individual voter-inclusion petition under RA 8189, arguing that its broad election-administration powers let it bypass the statute's designated courts. The relief concerns only the individual's inclusion in the local list, not annulment of an entire book of voters. Which response is best?
  1. Every election-related dispute belongs originally to COMELEC.
  2. The specific judicial inclusion route remains with the proper designated trial court; broad election-administration powers do not erase that allocation.
  3. A political party may decide inclusion by majority vote.
  4. The voter may appoint his own tribunal.
  5. The Supreme Court must conduct the original evidence hearing in every inclusion case.

Legal references

  • Republic Act No. 8189, sections 32–35, https://lawphil.net/statutes/repacts/ra1996/ra_8189_1996.html

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