Practice question
A prosecutor responsible for the case offers to serve as the suspect’s assisting counsel for signing a custodial waiver. The prosecutor relies only on being a licensed lawyer. What rule applies?
- Any licensed lawyer is automatically eligible despite the statutory exclusion
- Section 3 excludes a lawyer charged with prosecution from the assisting-counsel category
- The prosecutor’s signature removes every constitutional safeguard
- Only the suspect’s employer decides the exclusion
- The lawyer’s preferred title controls the statute
Legal references
- RA 7438, April 27, 1992: https://lawphil.net/statutes/repacts/ra1992/ra_7438_1992.html; Section 3.
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article III, Section 12(1).
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