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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 nominee receives notice of a petition but COMELEC proposes deciding against him without any opportunity to controvert its evidence. He is told that summary procedure eliminates that opportunity. What does Arquiza establish?
  1. Summary proceedings retain procedural safeguards, including opportunity to controvert and submit evidence
  2. Notice alone always eliminates every other safeguard
  3. The petitioner may prohibit a response
  4. Every summary petition is automatically granted
  5. No quasi-judicial body may consider evidence

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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