Practice question
Under the DOJ standard quoted in Meking, must the prosecutor consider respondent evidence presented through counter-affidavits when assessing reasonable certainty of conviction?
- No, only the complaint's title matters
- No, counter-affidavits are necessarily irrelevant
- Only after a final appellate judgment
- Only if the complainant agrees
- Yes, the assessment includes a summary evaluation of that evidence
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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