Log In Create Account

Philippine Bar review · Question

Practice question: Quo Warranto

Multiple Choice Hard

Practice question

A local winner's eligibility is challenged through a timely election quo warranto petition based on a qualification allegedly missing on the date prescribed by law. The winner relies solely on a large margin of victory and offers no answer on the qualification. Which analysis is best?
  1. A large majority automatically amends every qualification.
  2. A proclaimed winner cannot be challenged by any legal process.
  3. The court or tribunal must determine the legal qualification; popularity alone does not prove satisfaction of it.
  4. The voter must first win a different office.
  5. Proclamation automatically erases all statutory disqualifications.

Legal references

  • Batas Pambansa Blg. 881, section 253, https://lawphil.net/statutes/bataspam/bp1985/bp_881_1985.html
  • Miguel v. Ogena, G.R. No. 256053, November 5, 2024, https://lawphil.net/judjuris/juri2024/nov2024/gr_256053_2024.html

Answer this question in flashcards to review your response and continue practicing.