Philippine Bar review · Question

Practice question: Definition

Multiple Choice Hard

Practice question

A prosecutor subscribes and files in court a written accusation charging theft after evaluating the supporting affidavits. The accused insists that the victim must personally subscribe that very pleading before it can be an information. No special private-crime rule applies. Which is correct?
  1. Section4 requires the prosecutor’s subscription of the information, not the victim’s personal subscription of that pleading
  2. Every information must be subscribed only by the victim
  3. Only a police officer may subscribe an information
  4. Victim subscription replaces court filing
  5. The information is the victim’s judgment of guilt

Legal references

  • Rules of Court, Rule110 Sections2–5,14,16 and Rule111 Sections1–3: https://lawphil.net/courts/rules/rc_110-127_crim.html

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