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?
- A petition can never be served on a respondent.
- Publicity automatically confers jurisdiction on every private liaison.
- No verification is ever permitted.
- The prescribed filing and respondent-service process has not been performed merely by publicizing the accusation.
- 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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