Practice question
In a covered DOJ-NPS investigation, the prosecutor relies on impressive but inadmissible material and ignores whether evidence can be preserved and presented to establish every element and the offender's identity. The respondent challenges this assessment. Which follows the standard reproduced in Meking?
- Any impressive accusation necessarily meets the standard
- Admissibility is relevant only to the defense
- Preservation and presentation of evidence are irrelevant
- The prosecutor must assess admissibility, credibility and ability to preserve and present evidence establishing the elements and identity
- A prosecutor's resolution is immune from all review
Legal references
- Meking v. Remulla, G.R. No. 280455, November 11, 2025, main decision; A.M. No. 24-02-09-SC, May 28, 2024.
- Reviewed primary authority, Main decision, DOJ quantum and executive function: https://lawphil.net/judjuris/juri2025/nov2025/gr_280455_2025.html
- Reviewed primary authority, Court resolution, nature and authority: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69517
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