Philippine Bar review · Question

Practice question: Withdrawal

Multiple Choice Hard Jurisprudence

Practice question

A candidate’s original COC is withdrawn with COMELEC approval. Before a pending qualifications dispute is finally resolved, the candidate files a new substitute COC and continues seeking the same office. The evidence concerns the same alleged lack of required local residence. Relying on Limbona’s procedural holding, which is correct?
  1. Approval of withdrawal necessarily resolves residence favorably.
  2. A useful merits ruling can remain necessary because the second filing puts qualifications in issue again.
  3. The new COC necessarily changes the candidate’s domicile.
  4. The original filing never produced any legal effect.
  5. Every withdrawal bars the commission from reading prior evidence.

Legal references

  • Limbona v. COMELEC, G.R. No. 181097, June 25, 2008, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45452

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