Practice question
A court orders State participation in a nullity case. A spouse argues this necessarily means the prosecutor must defend validity even against competent proof of a statutory ground. What is best?
- The prosecutor may suppress contrary evidence
- The statutory role is to prevent collusion and ensure genuine evidence, not dictate a result regardless of law
- The parties may replace the prosecutor with a friend
- Every State appearance compels dismissal
- Every State appearance compels nullity
Legal references
- Family Code, EO209, relevant Articles 4, 6, 20, 26, 37, 38, 48 and 68-73, as amended: https://lawphil.net/executive/execord/eo1987/eo_209_1987.html
- Puyat v. Puyat, G.R. No.181614, June 30, 2021, main decision, State participation and Article 48: https://lawphil.net/judjuris/juri2021/jun2021/gr_181614_2021.html
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