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Philippine Bar review · Question

Practice question: Withdrawal of Information

Multiple Choice Medium

Practice question

A withdrawal motion is denied. The prosecutor leaves the case entirely to private counsel and stops appearing or exercising control. Is that the arrangement Crespo authorizes? Assume no applicable court-approved written authorization allowing a private prosecutor to proceed without the public prosecutor under amended Rule 110, Section 5.
  1. Yes, denial automatically privatizes the criminal action.
  2. Yes, private counsel gains unrestricted public authority.
  3. Yes, the information disappears when the prosecutor leaves.
  4. No; the stated minimum is continued appearance and public direction and control.
  5. Yes, the accused becomes responsible for prosecution.

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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