Philippine Bar review · Question

Practice question: Right Against Double Jeopardy

Multiple Choice Medium Jurisprudence

Practice question

A first criminal proceeding occurred in a tribunal that conclusively lacked jurisdiction over the offense. No other bar applies. The accused argues that the judgment’s label alone satisfies Rule 117, Section 7. Which is correct?
  1. Any label supplies competent jurisdiction.
  2. The rule’s competent-jurisdiction condition is missing on the stipulated facts.
  3. A private agreement can retroactively make every tribunal competent.
  4. Every complaint creates double jeopardy without further conditions.
  5. Only the losing lawyer decides jurisdiction.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 21.
  • Rules of Court: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Rule 117, Section 7.

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