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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 petitioner files a relevant nominee-cancellation pleading with proper service, then independently sends the accusations to unrelated members of the public. He invokes Arquiza as absolute protection for every later republication solely because the same words appeared in the pleading. Which answer is best?
  1. The broader distribution must be assessed separately; the case’s non-publication test does not grant blanket protection to every republication
  2. Filing gives unlimited immunity for all later public attacks
  3. The pleading automatically becomes a final judgment
  4. Every recipient becomes a legally required party
  5. The nominee loses all rights upon filing

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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