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Philippine Bar review · Question

Practice question: Petition to Deny Due Course or Cancel Certificate of Nomination of Party-List Nominees (CR 9366, Rule 5)

Multiple Choice Medium Jurisprudence

Practice question

A cancellation petitioner submits relevant allegations only to the Commission office with official duties and serves copies only on the legally required respondent parties. Assume all other Arquiza tests are met. What is the consequence for the stated absolute-privilege analysis?
  1. Required official submission and service satisfy the non-publication requirement
  2. Service on a required respondent necessarily defeats privilege
  3. No COMELEC filing can ever be privileged
  4. Privilege requires sending copies to the general public
  5. Every named respondent must authorize the petition

Legal references

  • Arquiza v. People, GR261627, November 13, 2024, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69726 Rule5 procedural safeguards and four-fold privilege test.

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