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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Accused Q, a provincial procurement officer, is charged in a criminal information with falsification of public documents for falsely certifying receipt of goods in connection with a P4,200,000 supply contract with a private supplier. A civil action for damages based on the same alleged falsification has been filed by the Province in the Regional Trial Court, seeking P4,200,000 plus interest. The civil action raises as essential issues whether the goods actually existed and were delivered, whether the contract was validly awarded and authorized by the Sangguniang Panlalawigan, and whether the Province suffered a recoverable loss. (a) Identify the doctrine involved and the controlling rule. (b) Do a prejudicial question analysis: does a prejudicial question exist in these facts? Explain with the elements and reasoning. (c) If a prejudicial question exists, what is the proper procedural remedy and why? If no prejudicial question exists, outline the alternative path for the prosecution.

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Clara

Hello