Grantees of franchises incentives exemptions

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Unformatted text preview: terized; and 3. Permanent d. INCLUSION AND EXCLUSION PROCEEDINGS Q: Which court has jurisdiction over inclusion and exclusion proceedings? A: 1. MTC ‐ original and exclusive 2. RTC ‐ appellate jurisdiction 3. SC ‐ appellate jurisdiction over RTC on question of law Q: Who may file a petition in an inclusion or exclusion proceedings? A: 1. Inclusion a. Any private person whose application was disapproved by the Election 2. Registration Board or whose name was stricken out from the list of voters b. COMELEC Exclusion a. Any registered voter in the city or municipality b. Representative of political party c. Election officer d. COMELEC (BP 881 Omnibus Election Code) Q: What is the period for filing a petition in an inclusion or exclusion proceeding? A: 1. Inclusion ‐ any day except 105 days before regular election or 75 days before a special election. (COMELEC Reso. No. 8820) 2. Exclusion ‐ anytime except 100 days before a regular election or 65 days before a special election. (COMELEC Reso. No. 9021) Q: Do decisions in an inclusion or exclusion proceedings acquire the nature of res judicata? A: No. The proceedings for the exclusion or inclusion of voters in the list of voters are summary in character. Except for the right to remain in the list of voters or for being excluded therefrom for the particular election in relation to which the proceedings had been held, a decision in an exclusion or inclusion proceeding, even if final and unappealable, does not acquire the nature of res judicata. In this sense, it does not operate as a bar to any further action that a party may take concerning the subject passed upon in the proceeding. Thus, a decision in an exclusion proceeding would neither be conclusive on the voter’s political status, nor bar subsequent proceedings on his right to be registered as a voter in any other election. (Domino vs. COMELEC, G.R. No. 134015, July 19, 1999) e. POLITICAL PARTIES Q: What is a political party? A: A political party is any organized group of citizens advocating an ideology or platfo...
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