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?
- Judicial enforcement assistance does not change the investigation’s executive character
- Every subpoena produces a final judicial conviction
- The prosecutor becomes the trial judge
- The witness becomes the accused by refusal alone
- 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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