Philippine Bar review · Question

Practice question: Inclusion and Exclusion Proceedings

Multiple Choice Hard

Practice question

Both parties ask the court to decide an exclusion case entirely on an agreed factual stipulation without presenting evidence. They say their agreement removes the statutory restriction. Which is best?
  1. Private agreement necessarily overrides the statute
  2. Section 32(f) still requires presented evidence and forbids decision upon a stipulation of facts
  3. A stipulation automatically becomes an election return
  4. The court must decide by coin toss
  5. Only the mayor can demand evidence

Legal references

  • RA 8189: https://lawphil.net/statutes/repacts/ra1996/ra_8189_1996.html; Sections 32-33.

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