Practice question
The governing special law assigns a category exclusively to the Sandiganbayan, with all its conditions established. Counsel invokes only Section32’s general imprisonment language and omits its exception. Which is sound?
- The special exclusive allocation and express exception must be respected
- The general category repeals all special laws
- Party consent changes the special grant
- A short sentence prediction defeats the exception
- Only the complaint caption controls
Legal references
- BP129 Section32 as amended by RA7691 Section2 (criminal allocation, not old civil thresholds): https://lawphil.net/statutes/repacts/ra1994/ra_7691_1994.html
- GR45815, prescribed penalty rather than sentence ultimately imposed determines criminal subject jurisdiction: https://lawphil.net/judjuris/juri1990/may1990/gr_45815_1990.html
Answer this question in flashcards to review your response and continue practicing.