Philippine Bar review · Question

Practice question: Power to Prosecute Election Offenses (BP 881, Sec. 265, as amended by RA 9369; Exclude penal provisions)

Multiple Choice Hard

Practice question

A complainant files a substantially identical complaint with DOJ after COMELEC has already taken cognizance of and acted on it. The complainant invokes concurrency as an unrestricted right to obtain a second independent investigation until a preferred outcome appears. Which is best under Arroyo?
  1. Concurrency authorizes unlimited duplicate proceedings
  2. The first-cognizance principle described in Arroyo constrains the second office; concurrency is not that unrestricted forum choice
  3. The complainant may privately overrule the first body
  4. Every filing is automatically a conviction
  5. Both offices must always conduct conflicting proceedings

Legal references

  • Arroyo v. DOJ, GR 199082 et al., July 23, 2013, main reconsideration resolution affirming September 18, 2012: https://lawphil.net/judjuris/juri2013/jul2013/gr_199082_2013.html

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