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Philippine Bar review · Question

Practice question: Withdrawal of Information

Multiple Choice Easy

Practice question

Does Crespo define the prosecutor’s duty as securing conviction at all costs? 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, regardless of evidence.
  2. Yes, even by concealing exculpatory material.
  3. No; the duty is to see that justice is done.
  4. Yes, a withdrawal denial conclusively requires conviction.
  5. Yes, judicial independence ends after filing.

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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