Practice question
An accused says Estipona’s invalidation of the statutory plea-bargaining ban necessarily repealed the substantive drug offense charged and requires acquittal without examination of the evidence. No other defense is asserted. Which is best?
- A procedural ruling automatically abolishes every substantive drug offense.
- The Court cannot address any plea-bargaining question.
- Every accusation is automatically proved by the ruling.
- The decision addressed the unconstitutional intrusion into procedural rule-making; that alone is not repeal of the substantive offense or automatic acquittal.
- The accused may personally repeal the statute by citing the case.
Legal references
- Estipona v. Lobrigo, G.R. No. 226679, August 15, 2017, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63345
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VIII, Section 5(5).
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