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Philippine Bar review · Question

Practice question: Who May Conduct (RA 10071)

Multiple Choice Hard Jurisprudence

Practice question

In an authorized local investigation, a prosecutor receives sworn witness evidence and issues a subpoena. When the witness refuses attendance, the prosecutor applies to a trial court to enforce it. Counsel claims judicial assistance transforms the whole preliminary investigation into a court trial. Which is correct?
  1. Judicial enforcement assistance does not change the investigation’s executive character
  2. Every subpoena produces a final judicial conviction
  3. The prosecutor becomes the trial judge
  4. The witness becomes the accused by refusal alone
  5. Any court assistance invalidates the investigation

Legal references

  • RA10071 Sections4,7,9, statutory prosecutorial powers: https://lawphil.net/statutes/repacts/ra2010/ra_10071_2010.html
  • Meking v Remulla, GR280455, November11,2025, MAIN opinion, retained judicial rule-making and grave-abuse review: https://lawphil.net/judjuris/juri2025/nov2025/gr_280455_2025.html
  • AM24-02-09-SC, May28,2024, recognition of executive investigation rules and repeal of inconsistent Rule112 provisions: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69517

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