The Director of the BFAR launches an intensified campaign against illegal fishpen operators situated in Laguna de Bay. The illegal fishpen operators…
2012 Bar Exam · Remedial Law · Question 94 · Multiple choice
The question
The Director of the BFAR launches an intensified campaign against illegal fishpen operators situated in Laguna de Bay. The illegal fishpen operators file a Section 3 (e), R.A. 3019 (causing undue injury or benefit) case against the BFAR Director before the Sandiganbayan. The Director's best remedy before Sandiganbayan is:
- A.File a Motion to Quash based on lack of jurisdiction over the person.
- B.File a Motion to Quash for non-exhaustion of administrative remedies.
- C.File a Motion to Dismiss because the complaint is a SLAPP suit.
- D.Move for suspension of proceedings because of a pre-judicial question.
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