Section 135Sec./Art. 135

Jurisdiction in Inclusion and Exclusion Cases. -

(a) The judge of the court of first instance and the municipal judge of the capital of the province shall have concurrent jurisdiction throughout the province, and the municipal judges shall have in their respective municipalities concurrent jurisdiction with the former over all matters of inclusion in and exclusion of voters from the precinct book of voters, but the one to whom the application is first presented shall acquire exclusive jurisdiction thereon. However, if the judge of the court of first instance is in the province, the proceedings shall, upon petition of any interested party filed before the presentation of evidence, be remanded to the said judge who shall hear and decide the same in the first instance, within ten days from the date the records were received.

Decisions of the municipal judge may be appealed to the judge of the court of first instance within five days from receipt of notice by the parties. In case notice of appeal cannot be presented to the municipal judge because of his absence, the interested party may lodge his appeal directly with the court of first instance which, upon receiving it, shall order the municipal judge to forward the records of the case to the court of first instance within twenty-four hours from receipt of said order, and may make it effective by contempt proceedings. The court of first instance upon receiving the records will try and decide the case within ten days from the time the appeal was received.

Notwithstanding the provisions of existing laws, any decision rendered by any court of first instance may be appealed directly to the Supreme Court by any of the parties thereto within ten days from receipt of the decision.

(b) The municipal judge of the capital and the judge of the court of first instance may hold sessions in any municipality of the province as they may deem fit, for the hearing and decisions of the application, and the traveling expenses and per diems of the judge and his personnel shall be paid by the municipality to which the application corresponds and where they hold sessions.