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AllBar 2024COMMERCIAL AND TAXATION LAWSXIII. TAXATION LAW (R.A. No. 8424, as amended by R.A. No. 10963, R.A. No. 11534)K. Tax Remedies1. Governmentc. Statute of Limitations

Question

Okay, here is your practical bar exam essay question on the topic of the Statute of Limitations in the context of the Philippine government: Question 1: Government - Statute of Limitations

Mr. Rodriguez is a government employee who has been accused of misusing public funds. The alleged incident occurred on January 1, 2015. The government agency promptly conducted an investigation, and after gathering evidence, decided to file charges against Mr. Rodriguez for the offense of malversation of public funds.

However, Mr. Rodriguez claims that the government agency took too long to initiate legal proceedings against him, and argues that the case should be dismissed based on the Statute of Limitations. The government agency, on the other hand, argues that the Statute of Limitations does not apply in this case due to the nature of the offense and the continued presence of Mr. Rodriguez in government service.

In light of this situation, discuss the following:

  1. What is the Statute of Limitations and what is its purpose in the Philippine legal system?
  2. Does the Statute of Limitations apply to criminal cases involving government employees? Why or why not?
  3. Based on the facts provided, should the government agency's charges against Mr. Rodriguez be dismissed on the grounds of the Statute of Limitations? Explain your answer.

Write your essay in proper format, clearly stating your arguments and supporting them with relevant laws, principles, and precedents.




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Bar Review Question: Okay, here is your practical bar exam essay question on the topic of the Statute of Limitations in