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Philippine Bar review · Question

Practice question: Filing and its Effects

Multiple Choice Hard

Practice question

A covered appointive agency officer files a COC well before the official campaign period. The officer invokes the statutory provision that candidacy-related unlawful acts attach at the campaign period's start and argues that it also postpones the separate automatic-resignation rule until then. Which reading follows the statute upheld in Quinto?
  1. The separate proviso expressly makes the covered appointive official's resignation effective at the start of the COC-filing day.
  2. The campaign-period proviso repeals the express filing-day resignation rule silently.
  3. All election-law consequences must occur only on election day.
  4. The officer may choose any resignation date after seeing survey results.
  5. The officer can permanently occupy both offices by declining to campaign.

Legal references

  • Quinto v. COMELEC, G.R. No. 189698, February 22, 2010, main resolution on reconsideration: https://lawphil.net/judjuris/juri2010/feb2010/gr_189698_2010.html
  • RA 9369, Section 13 amending RA 8436 Section 11: https://lawphil.net/statutes/repacts/ra2007/ra_9369_2007.html

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