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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 Hard Jurisprudence

Practice question

A challenge attacks COMELEC's approval of wholesale substitute party-list nominees for violating substitution rules and conflict-of-interest statutes, but alleges no material misrepresentation in anyone's qualifications. It is argued that a Rule 5 Section 1 cancellation petition necessarily supplies an adequate remedy for that entire challenge. What did the main decision in Duterte Youth explain?
  1. Rule 5 Section 1 automatically covers every act involving a party-list.
  2. Qualification misrepresentation and any substitution objection are legally identical.
  3. The limited ground does not fit that substitution challenge; the Court examined the proper extraordinary remedy on the circumstances before it.
  4. No court can ever examine any substitution approval.
  5. A party-list can avoid all rules after receiving votes.

Legal references

  • Duterte Youth Party-List v. COMELEC, G.R. Nos. 261123 and 261876, August 20, 2024, main decision, limited Rule 5 ground: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69690

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