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Philippine Bar review · Question

Practice question: Sanggunian Members (RA 7160, Sec. 90(b))

Multiple Choice Medium

Practice question

A government employee is accused of an exclusively private act unrelated to office. Assuming that fact and all other restrictions are addressed, does Section90(b)(2) alone prohibit the member’s defense solely because the accused is a government employee?
  1. No; the clause’s relation-to-office condition is absent
  2. Yes; government employment alone satisfies every condition
  3. Yes; every private act is officially related by definition
  4. Only a free retainer determines the answer
  5. Only the employer’s name matters

Legal references

  • RA7160 Section90(b)(1)–(4), specific sanggunian-member restrictions and government-defense qualification: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html

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