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 Fact-Finding Team gathers evidence and the Joint Committee evaluates whether prosecution should follow. A proposed report treats the first stage’s recommendation as irrevocably binding on the second and on the trial court. Which is best?
  1. Every recommendation is res judicata on guilt
  2. The recommendation supplies material for the later lawful processes rather than a conclusive judgment controlling every stage
  3. No subsequent body may examine the evidence
  4. The team can order conviction without trial
  5. All evidentiary questions disappear at gathering

Legal references

  • Arroyo v. DOJ, G.R. Nos. 199082, 199085 and 199118, July 23, 2013, main resolution: https://lawphil.net/judjuris/juri2013/jul2013/gr_199082_2013.html; main resolution’s institutional description and quoted operative disposition.

Answer this question in flashcards to review your response and continue practicing.