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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:

  1. A.File a Motion to Quash based on lack of jurisdiction over the person.
  2. B.File a Motion to Quash for non-exhaustion of administrative remedies.
  3. C.File a Motion to Dismiss because the complaint is a SLAPP suit.
  4. D.Move for suspension of proceedings because of a pre-judicial question.

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