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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

Practice question

A non-youth party-list nominee knowingly certifies being twenty-seven on election day when reliable birth records establish that the nominee will be twenty-three. The petition alleges the deliberate false claim to satisfy the statutory minimum age. Which remedy most directly fits Rule 5, Section 1?
  1. A petition to cancel the entire group solely because the nominee exists.
  2. An appropriate verified nominee-cancellation petition based on the material qualification misrepresentation.
  3. A request to abolish the House of Representatives.
  4. An ordinary contract action to sell the seat.
  5. No remedy because age can never be a nominee qualification.

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
  • RA 7941, Section 9, nominee qualifications: https://lawphil.net/statutes/repacts/ra1995/ra_7941_1995.html

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