Philippine Bar review · Question

Practice question: Right Against Double Jeopardy

Multiple Choice Hard

Practice question

A person is acquitted under a municipal ordinance for a particular act. Prosecutors then charge precisely that same act under a national law, conceding that both provisions punish it. They argue that different legislative sources always permit successive prosecutions. Which is best?
  1. Different sources always require a second trial
  2. Only the ordinance case matters if it resulted in conviction
  3. The Constitution expressly bars the second prosecution for the same act after acquittal under either source
  4. A mayor may waive the accused's protection
  5. The first case is automatically erased

Legal references

  • 1987 Constitution, Article III, Sections 19-21: https://lawphil.net/consti/cons1987.html

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