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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 challenger prepares a Rule 5 nominee-cancellation petition but files it only with a campaign liaison and sends no copy to the respondent. The challenger argues that widespread publicity satisfies all procedural requirements. What is the basic defect?
  1. A petition can never be served on a respondent.
  2. Publicity automatically confers jurisdiction on every private liaison.
  3. No verification is ever permitted.
  4. The prescribed filing and respondent-service process has not been performed merely by publicizing the accusation.
  5. The challenger must first buy a seat in Congress.

Legal references

  • COMELEC Resolution 9366, Rule 5 Sections 1 and 3–5, as amended: https://www.comelec.gov.ph/?r=References%2FComelecResolutions%2FNLE%2F2013NLE%2FResolutionNo9366
  • Arquiza v. People, G.R. No. 261627, November 13, 2024, main decision discussing Rule 5 filing and service: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69726

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