Practice question
A candidate filed a COC on Day 0. A rival brought a verified challenge on Day 20 alleging knowingly false material residence statements and seeking cancellation. The rival used the caption petition for disqualification. The candidate argues that the mistaken caption alone bars treating it as Section 78. Disregarding other procedural defects, which analysis follows Fermin?
- The substantive allegations may make it a timely Section 78 case despite the caption.
- Every miscaptioned pleading must be treated as campaign overspending.
- A twenty-day interval necessarily exceeds twenty-five days.
- A verified pleading can never invoke Section 78.
- The caption automatically establishes the truth of the allegation.
Legal references
- Batas Pambansa Blg. 881, Sections 12 and 68-78: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
- Fermin v. COMELEC, G.R. Nos. 179695 and 182369, December 18, 2008, main decision: https://lawphil.net/judjuris/juri2008/dec2008/gr_179695_2008.html
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