Philippine Bar review · Question

Practice question: Premature Campaigning

Multiple Choice Hard

Practice question

A timely COC filer promotes an election bid before the campaign period. After the period begins, an opponent seeks disqualification solely by retroactively classifying that earlier conduct as candidate campaigning. The statutory setting is the one applied in Penera, and no separate offense is established. Which is best?
  1. Later commencement does not retroactively create the asserted candidate-specific pre-period violation
  2. Commencement criminalizes every earlier act
  3. Every COC creates liability from birth
  4. The opponent may disregard statutory elements
  5. The court must ignore the amendment

Legal references

  • Penera November 25, 2009: https://lawphil.net/judjuris/juri2009/nov2009/gr_181613_2009.html

Answer this question in flashcards to review your response and continue practicing.