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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 Medium

Practice question

COMELEC and DOJ establish a lawful joint committee to exercise their concurrent preliminary-investigation authority. A challenger says concurrency always forbids joint exercise. Which is best under Arroyo?
  1. Joint exercise is always forbidden
  2. Only a private panel may investigate
  3. The two bodies must always issue inconsistent decisions
  4. The joint body automatically becomes a trial court
  5. Concurrency does not itself prohibit the lawful joint arrangement

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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