Practice question
An offense has a prescribed penalty within DC28’s one-year-and-one-day to six-year band but a special law makes it cognizable by the RTC. Does the penalty band alone require expedited investigation?
- Yes, the court-jurisdiction proviso is irrelevant
- Yes, the prosecutor may erase the special jurisdiction law
- No prosecution is possible
- Only a barangay hearing may occur
- No; Section8’s RTC proviso directs regular preliminary investigation or inquest as applicable
Legal references
- DC28 s.2024 Section8: https://naro.law.upd.edu.ph/storage/01JX9CFN63VA8GGWZNTT46532P.pdf
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