Philippine Bar review · Question

Practice question: Obstruction of Justice (PD 1829)

Multiple Choice Hard

Practice question

A business owner imposes an otherwise lawful contractual condition solely to prevent a witness from appearing in a criminal investigation. The evidence establishes the knowing obstructive purpose. He argues that section 1(h) cannot reach him because the condition itself was lawful. Which is correct?
  1. The lawful nature of the condition necessarily defeats the provision
  2. Only an unlawful condition is mentioned in section 1(h)
  3. The provision expressly includes a condition whether lawful or unlawful imposed for the specified prevention of appearance
  4. The purpose is immaterial whenever a contract exists
  5. Only a threat of physical injury may ever be obstruction

Legal references

  • https://lawphil.net/statutes/presdecs/pd1981/pd_1829_1981.html — PD 1829, sections 1(a)–(i) and 2, knowing or willful obstruction through enumerated acts and public-official disqualification.

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