Practice question
A challenger proves an eligibility dispute but identifies no false material COC representation and no intent to deceive. Under Comafay, does stating 'the candidate is disqualified' alone establish a Section 78 cancellation case?
- Yes, all election remedies have identical elements.
- Yes, every qualification dispute conclusively establishes deceit.
- Yes, the respondent must disprove every imaginable accusation.
- No; materiality, falsity and intent to deceive must be established for this remedy.
- No; because legal qualifications can never be examined.
Legal references
- BP 881, Section 78, petition to deny due course or cancel COC: https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
- Comafay v. COMELEC, G.R. No. 279413, January 14, 2026, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70290
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