Philippine Bar review · Question

Practice question: Sandiganbayan (PD 1606, as amended by RA 10660)

Multiple Choice Hard

Practice question

A 2024 information charges a covered Grade 28 executive official with RA 3019 graft and alleges PHP 3 million government damage. A private contractor is charged as a conspiring co-principal in the same offense. No special exception applies. The contractor demands separate trial in a regular court solely because he is private. Which is correct?
  1. Private status always requires a separate MTC trial
  2. The contractor can never be criminally charged with the official
  3. The official’s position is irrelevant because a private contractor is involved
  4. The private co-principal is tried jointly with the official in the proper Sandiganbayan case under section 4’s joinder rule
  5. The contractor may select either court without regard to the statute

Legal references

  • https://lawphil.net/statutes/repacts/ra2015/ra_10660_2015.html — sections 2 and 5, current PD 1606 section 4 jurisdiction, information-based RTC exceptions, official classifications, private co-accused and prospective jurisdiction amendment.
  • https://lawphil.net/judjuris/juri2020/sep2020/gr_251177_2020.html — Non v. Office of the Ombudsman, G.R. No. 251177, September 8, 2020, no alleged government damage or bribery and RTC jurisdiction under RA 10660.
  • https://lawphil.net/judjuris/juri2022/oct2022/gr_237815_2022.html — Fua, Jr. v. People, G.R. No. 237815, October 12, 2022, May 5, 2015 effectivity and prospective application of jurisdiction changes.

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