Philippine Bar review · Question

Practice question: Party-List System (RA 7941; Exclude computation of party-list seat allocation)

Multiple Choice Hard Jurisprudence

Practice question

A duly qualified party-list organization submits its nominees. Two are disqualified for individual defects, but one indisputably qualified nominee remains. No independent defect in the organization’s eligibility is established. An opponent demands cancellation solely because any nominee was disqualified. Under Atong Paglaum, which is correct?
  1. The demand succeeds automatically whenever one nominee fails.
  2. The remaining nominee becomes disqualified by association.
  3. The organization must be cancelled even if the remaining nominee is qualified.
  4. The sixth parameter rejects disqualification of the group solely on these facts.
  5. All disqualified nominees must nevertheless take office.

Legal references

  • Atong Paglaum, Inc. v. COMELEC, G.R. No. 203766 et al., April 2, 2013, main decision, six parameters: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/55861

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