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Philippine Bar review · Question

Practice question: Petition to Deny Due Course or Cancel Certificate of Candidacy

Multiple Choice Hard Jurisprudence

Practice question

In a timely cancellation case, the challenger relies on a typographical omission and several statements of occasional absence. The respondent supplies consistent documentary and testimonial evidence of legally sufficient domicile and a COC read as a whole disclosing the correct address. COMELEC ignores the defense record and declares that the omission itself proves deliberate ineligibility. Which review objection is supported by Comafay and Yap-Sulit?
  1. Every barangay statement is conclusive regardless of contradictions.
  2. The candidate must prove residence by physical presence every hour of every day.
  3. A typographical omission is necessarily a legal confession.
  4. The adjudicator must assess substantial evidence and the required deceptive material representation rather than mechanically treat punctuation or sporadic absence as conclusive.
  5. The candidate wins solely because the petition was filed before the election.

Legal references

  • Comafay v. COMELEC, G.R. No. 279413, January 14, 2026, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70290
  • Yap-Sulit v. COMELEC, G.R. No. E-03037, June 3, 2026, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70535

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