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Philippine Bar review · Question

Practice question: Jurisdiction

Multiple Choice Hard

Practice question

A complaint alleges serious misconduct by an impeachable Constitutional Commissioner. The Ombudsman invokes Section 22 of RA 6770 to investigate for a possible verified impeachment complaint, but staff propose issuing their own final administrative order removing the Commissioner under Section 21. Which distinction is correct?
  1. The investigative power under Section 22 automatically erases the impeachment-only exception.
  2. The Ombudsman can privately appoint a replacement Commissioner after any allegation.
  3. The Commissioner is immune from all investigation and constitutional accountability.
  4. A private complainant may remove the Commissioner by signing the complaint.
  5. Section 22's impeachment-related investigative power does not confer the excluded administrative removal authority under Section 21.

Legal references

  • RA 6770, Sections 21–22: https://lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html
  • 1987 Constitution, Article XI Sections 2–3: https://lawphil.net/consti/cons1987.html

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