Practice question
After an information is filed in a proper original CTA criminal case, the Division reviews the resolution but remains uncertain whether the supporting facts establish probable cause. The prosecutor insists there are only two immediate options: arrest or conviction. Which is correct?
- The Division may require additional evidence ex parte within five days from notice
- The prosecutor’s two options exhaust the rule
- Conviction is the proper immediate response to uncertainty
- The judge must surrender the judicial inquiry to the auditor
- Probable cause can be decided by the taxpayer’s bank
Legal references
- Revised CTA Rules: https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html Rule9 Sections2,4 and11.
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