Philippine Bar review · Question

Practice question: Material Misrepresentation

Multiple Choice Hard Jurisprudence

Practice question

A candidate knowingly makes a false material citizenship representation, remains legally unqualified at the time the governing law requires, and wins a large plurality while the properly instituted challenge remains pending. The defense relies solely on victory as an automatic cure, without rebutting the elements. Which is correct?
  1. A plurality rewrites every statutory qualification.
  2. Proclamation conclusively establishes that every COC statement was true.
  3. The electorate may repeal citizenship requirements for one candidate by vote total.
  4. Any pending election challenge is necessarily erased by voting.
  5. Electoral success alone does not automatically supply the missing qualification or negate established false material representation.

Legal references

  • Comafay v. COMELEC, G.R. No. 279413, January 14, 2026, main decision, materiality, falsity and deceit: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70290
  • BP 881, Sections 74 and 78: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
  • Maquiling v. COMELEC, G.R. No. 195649, April 16, 2013, main decision, electoral victory and eligibility: https://lawphil.net/judjuris/juri2013/apr2013/gr_195649_2013.html

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