Philippine Bar review · Question

Practice question: Exempting Circumstances (See also RA 9208, Sec. 17, as amended; RA 9262, Sec. 26; RA 9344, Sec. 6, as amended by RA 10630)

Multiple Choice Hard

Practice question

A trafficking victim invokes Section17 for two acts: one proved directly caused by the trafficking, and an unrelated independently chosen offense committed years later with no trafficking nexus. She argues that victim status alone guarantees lifetime immunity for both. Which is best?
  1. The statutory nexus must be assessed; qualified nonpunishment does not automatically extend to the stipulated unrelated later offense
  2. Victim status automatically erases every later offense
  3. Neither act can ever receive statutory protection
  4. The trafficker may privately waive prosecution of any offense
  5. Every unrelated act becomes an incident of trafficking by declaration

Legal references

  • RA9208 Section17 as amended by RA10364 Section17; RA11862: https://lawphil.net/statutes/repacts/ra2013/ra_10364_2013.html

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