Practice question
An accused is charged for alleged direct participation in prohibited conduct and may contest every element in court. Does the fact that a sorority is involved itself make the prosecution attainder?
- No; Fuertes distinguishes conduct prosecution from automatic membership guilt
- Yes; every sorority-related charge is legislative conviction
- Yes; membership automatically proves innocence
- Yes; no court may consider the evidence
- Yes; a group reference always supplies every attainder element
Legal references
- Fuertes v Senate GR208162 January7,2020 ENBANC MAIN, attainder and retained judicial guilt determination: https://lawphil.net/judjuris/juri2020/jan2020/gr_208162_2020.html MAIN doctrine only; no assertion that earlier hazing provisions supersede RA11053.
- 1987 Constitution ArticleIII Sections1,14,22: https://lawphil.net/consti/cons1987.html
Answer this question in flashcards to review your response and continue practicing.