Practice question
A challenger files a pleading captioned disqualification, but its only allegations concern a deliberately false material COC representation about the candidate’s required residence. It is filed forty days after the COC, with no circumstance changing the ordinary period. Under Fermin, can the caption alone avoid Section 78’s deadline?
- Yes, every caption controls over allegations.
- Yes, any election case has an unlimited period.
- Yes, residency necessarily constitutes campaign overspending.
- No; its substance is a Section 78 challenge and the caption does not extend the twenty-five-day period.
- No, because no residency statement can ever be material.
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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