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Philippine Bar review · Question

Practice question: When Not Required

Multiple Choice Hard

Practice question

A respondent points to a five-year prescribed penalty and argues no regular investigation is required in any imaginable case, while the complainant says every offense still uses the old Rule112 threshold. Which is best?
  1. Both blanket positions are wrong; apply DC15 and DC28, including the RTC proviso and any special rule
  2. The respondent’s universal statement is necessarily correct
  3. The complainant’s old universal rule is necessarily correct
  4. The actual sentence after conviction alone determines the track
  5. The parties may freely choose whichever track yields conviction

Legal references

  • DC15 Section3; DC28 Section8: https://naro.law.upd.edu.ph/storage/01JX9CFN63VA8GGWZNTT46532P.pdf

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