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Philippine Bar review · Question

Practice question: Institution and Prosecution of Criminal Action

Multiple Choice Medium

Practice question

A properly deputized BIR legal officer proposes to prosecute an NIRC criminal action. Is that role categorically forbidden under Rule 9?
  1. Yes, no BIR legal officer may participate
  2. Yes, only a private lawyer may prosecute
  3. Yes, deputation is legally meaningless
  4. Yes, the taxpayer must personally prosecute
  5. No, the rule permits duly deputized agency legal officers to conduct prosecution within its framework

Legal references

  • https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html — Revised Rules of the CTA, Rule 9 sections 2–4 and 10
  • https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html — NIRC, section 220

Answer this question in flashcards to review your response and continue practicing.