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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

An authorized joint committee conducts preliminary investigation under applicable published rules. A respondent claims concurrent prosecutorial authority allows the committee to invent secret binding procedures without publication. Which is best?
  1. Institutional authority does not itself dispense with applicable rule-publication and procedural requirements
  2. Concurrent authority makes publication universally irrelevant
  3. All rules are automatically effective before issuance
  4. A joint body can privately amend criminal procedure
  5. The complainant alone selects every binding rule

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.

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