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Philippine Bar review · Question

Practice question: Material Misrepresentation

Multiple Choice Hard Jurisprudence

Practice question

A petition filed forty days after the COC alleges only a deliberately false material statement of required residence. It cites no Section 68 prohibited act. The petitioner insists that all election challenges have the same filing period because both remedies prevent a candidacy. Under Fermin, what is the proper response?
  1. All election remedies necessarily share one deadline.
  2. Section 68 and Section 78 are distinct; the asserted cancellation ground remains subject to Section 78’s twenty-five-day period.
  3. Section 78 governs only ballot printing.
  4. A petitioner can select a deadline by changing the title.
  5. Residence statements are exempt from all deadlines.

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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