Philippine Bar review · Question

Practice question: Effect of Estoppel

Multiple Choice Medium

Practice question

An accused defends a prosecution brought by the State and raises a genuine subject-matter defect on appeal after a four-year trial. No exceptional inequity is established. Does Figueroa make those four years an automatic Tijam bar?
  1. Yes; every four-year prosecution creates jurisdiction by laches.
  2. Yes; defending a criminal charge is always a private jurisdictional grant.
  3. Yes; appeal is categorically too late regardless of circumstances.
  4. Yes; the prosecutor’s forum selection conclusively settles competence.
  5. No.

Legal references

  • Figueroa v. People, G.R. No. 147406, July 14, 2008, main decision, law at institution and narrow estoppel doctrine: https://lawphil.net/judjuris/juri2008/jul2008/gr_147406_2008.html
  • Tijam v. Sibonghanoy, G.R. No. L-21450, April 15, 1968, main decision, surety and exceptional inequitable conduct: https://lawphil.net/judjuris/juri1968/apr1968/gr_l-21450_1968.html

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