Practice question
A private BP22 compromise says it abolishes the court’s criminal jurisdiction and prevents every lawful public prosecution, though no statutory extinction ground applies. What is the central defect?
- Any contract can abolish a court’s statutory power
- Private civil settlement cannot itself extinguish the public penal action or confer control of criminal jurisdiction
- The parties own the penal law
- Only the creditor’s signature creates jurisdiction
- A bank receipt replaces the statute
Legal references
- Rules110 Section14,111 Sections1–3 and119 Section19: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Civil Code Articles29,32–34 and2034: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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