Practice question
A prosecutor says the duty to continue appearing after denial means private counsel may dictate prosecution free of public supervision. Which is correct? Assume no applicable court-approved written authorization allowing a private prosecutor to proceed without the public prosecutor under amended Rule 110, Section 5.
- Correct, because mere physical presence always transfers control.
- That reverses Crespo’s condition; private presentation remains under public direction and control.
- Correct, because the complainant owns the criminal judgment.
- Correct, because denial extinguishes prosecutorial responsibility.
- Correct, because the court cannot recognize any public prosecutor thereafter.
Legal references
- Crespo v. Mogul, G.R. No. L-53373, June 30, 1987, main decision, prosecutor duties following denial of withdrawal: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html
- A.M. No. 02-2-07-SC, April 10, 2002, amending Rule 110, Section 5 effective May 1, 2002, court-approved written authority for private prosecution in absence of public prosecutor: https://chief.lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html
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