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VVocatus · Bar Exam Practice

Political Law, 2018 Bar — Question XIV

Political Law
2018 BarPolitical LawQ. XIV

QUESTION

Amoroso was charged with treason before a military court martial. He was acquitted. He was later charged with the same offense before a Regional Trial Court. He asks that the information be quashed on the ground of double jeopardy. The prosecution objects, contending that for purposes of double jeopardy, the military court martial cannot be considered as a “competent court.” Should the Regional Trial Court grant Amoroso’s motion to quash on the ground of double jeopardy? (2.5%)

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