Practice question
Parties challenge the bias of a particular city prosecutor. To secure an authorized replacement, the Regional Prosecutor designates a prosecutor from another provincial office within the same region under Section7(e). The respondent objects solely that the replacement is not ordinarily stationed in that city. Which is correct?
- The specific statutory designation can authorize the acting prosecutor despite the ordinary station
- Ordinary station defeats every statutory designation
- A party may appoint its own replacement instead
- Only the original challenged prosecutor may continue
- The challenge automatically dismisses the offense
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
Answer this question in flashcards to review your response and continue practicing.