Log In Create Account

Philippine Bar review · Question

Practice question: When Not Required

Multiple Choice Medium

Practice question

An ordinary offense prescribes six months imprisonment plus a fine. No special exception applies. Under DC28 Section6, does the addition of the fine remove it from summary investigation?
  1. No; the provision includes both imprisonment in that band and a fine
  2. Yes; every combined penalty requires regular investigation
  3. Yes; any fine eliminates prosecutorial screening
  4. Yes; combined penalties require a civil action only
  5. Yes; counsel chooses the track by omitting the fine

Legal references

  • DOJ Department Circular028, November13,2024, Sections4–8, official ONAR copy pages2–3: https://naro.law.upd.edu.ph/storage/01JX9CFN63VA8GGWZNTT46532P.pdf ; official registration: https://naro.law.upd.edu.ph/issuances/6592
  • Meking v Remulla, GR280455, November11,2025, MAIN opinion, retained judicial rule-making and grave-abuse review: https://lawphil.net/judjuris/juri2025/nov2025/gr_280455_2025.html

Answer this question in flashcards to review your response and continue practicing.