Practice question
A private counsel assists a complainant and assembles documents. Counsel then signs a purported final public-prosecutor resolution without any lawful appointment, claiming that case preparation creates authority. Which is correct?
- Every counsel becomes a prosecutor upon collecting evidence
- Preparation assistance does not by itself authorize exercise of the public prosecutor’s statutory power
- The resolution necessarily binds the court as a conviction
- The complainant’s approval cures every authority defect
- Evidence prepared with private counsel is automatically worthless
Legal references
- RA10071; DC15 Section6: https://lawphil.net/statutes/repacts/ra2010/ra_10071_2010.html
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