Log In Create Account

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 Medium

Practice question

A prosecutor claims RA 9369 left COMELEC with exclusive investigatory power and all other prosecuting arms may act only as its deputies. Which is best?
  1. That claim overlooks the amended concurrent power
  2. The old arrangement is immutable constitutional text
  3. Every prosecutor is a private person
  4. Congress cannot amend statutes
  5. The complainant chooses the statute

Legal references

  • RA 9369 Section 43, amending BP 881 Section 265: https://lawphil.net/statutes/repacts/ra2007/ra_9369_2007.html
  • 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

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