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Philippine Bar review · Question

Practice question: Nuisance Candidates

Multiple Choice Medium

Practice question

Two bona fide candidates have similar surnames. The evidence establishes genuine efforts by each to run, and no deliberate confusion, mockery or other statutory nuisance circumstance is proved. A rival insists surname similarity automatically compels cancellation. Which answer is best?
  1. Every shared surname conclusively proves nuisance candidacy
  2. The candidate with less wealth must always be cancelled
  3. The asserted automatic rule is incorrect; the statutory ground and required evidence must be established
  4. The receiving clerk must choose the more famous candidate
  5. Both candidates automatically lose their citizenship

Legal references

  • Batas Pambansa Blg. 881, Omnibus Election Code, Section 69, nuisance candidates: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
  • Mustapha v. COMELEC, G.R. No. 277177, July 8, 2025, main decision, nuisance candidacy, substantial evidence and due process: https://lawphil.net/judjuris/juri2025/jul2025/gr_277177_2025.html
  • Marquez v. COMELEC, G.R. No. 244274, September 3, 2019, main decision, financial capacity alone is not a nuisance ground: https://lawphil.net/judjuris/juri2019/sep2019/gr_244274_2019.html

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