Philippine Bar review · Question

Practice question: Withdrawal of Information

Multiple Choice Easy

Practice question

Under Crespo, may presentation be entrusted to a private prosecutor while the public prosecutor retains direction and control? Assume no applicable court-approved written authorization allowing a private prosecutor to proceed without the public prosecutor under amended Rule 110, Section 5.
  1. No, private counsel can never participate.
  2. Yes, under the stated continuing public direction and control.
  3. Yes, but public control must disappear.
  4. Yes, private counsel thereby becomes the judge.
  5. Yes, the accused must select private prosecution counsel.

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

Answer this question in flashcards to review your response and continue practicing.