Philippine Bar review · Question

Practice question: Concept

Multiple Choice Hard

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?
  1. The special exclusive allocation and express exception must be respected
  2. The general category repeals all special laws
  3. Party consent changes the special grant
  4. A short sentence prediction defeats the exception
  5. 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

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