Philippine Bar review · Question

Practice question: Immunity of Public Officers

Multiple Choice Hard

Practice question

A former President, whose incumbency has ended, faces a proper proceeding concerning alleged misconduct while previously serving as a mayor. The former official argues that having later become President erased that earlier liability permanently. Which answer follows the accountability distinction in Ombudsman v. Duterte?
  1. Past presidential service does not permanently erase wrongdoing; an incumbency-based shield cannot by itself defeat the proceeding after tenure
  2. Election to the presidency automatically legalizes every earlier act
  3. All public officers acquire lifelong immunity after one presidential meeting
  4. The proceeding is barred solely because the person once held national office
  5. The immunity rule transfers all liabilities to private citizens

Legal references

  • Office of the Ombudsman v. Duterte, G.R. Nos. 198201 and 198334, March 15, 2023, main decision, accountability and limits of presidential immunity: https://lawphil.net/judjuris/juri2023/mar2023/gr_198201_2023.html
  • Nepomuceno v. Duterte, UDK No. 16838, May 11, 2021, main resolution, presidential immunity during incumbency: https://lawphil.net/judjuris/juri2021/may2021/udk_16838_2021.html

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