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Philippine Bar review · Question

Practice question: Substitution of Candidates

Multiple Choice Medium

Practice question

A valid official party candidate dies. Within the applicable lawful substitution period, a qualified member of that same party, duly certified by it, files a proper substitute COC and satisfies all remaining requirements. Is death a permissible statutory basis for that substitution?
  1. Yes; the stated facts satisfy the identified death and party requirements
  2. No; death is never listed in Section 77
  3. No; a substitute need not belong to any party but must be a sibling
  4. No; only the deceased's spouse may substitute
  5. No; all COC requirements disappear after death

Legal references

  • Batas Pambansa Blg. 881, Omnibus Election Code, Sections 70 and 77: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
  • Talaga v. COMELEC, G.R. Nos. 196804 and 197015, October 9, 2012, main decision, valid original candidacy and substitution: https://lawphil.net/judjuris/juri2012/oct2012/gr_196804_2012.html

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