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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 valid joint COMELEC-DOJ body investigates under the amended law. A party argues that allowing DOJ participation necessarily abolishes COMELEC independence and that any preliminary finding already determines guilt conclusively. Which is best?
  1. Both propositions follow automatically
  2. Every joint body can convict without a court
  3. Lawful concurrent investigation is not automatically an abdication, and prosecution must be distinguished from judicial adjudication
  4. Only campaign organizations may investigate
  5. The amendment grants immunity to all respondents

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

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