Practice question
A prosecutor claims exclusive charging control permits pre-plea downgrading without notice or court permission. The judge instead requires a motion and notice, independently resolves it, states reasons, and furnishes the order. Which assessment is correct?
- The judge is enforcing Section14’s explicit limits on this prosecutorial step
- The judge must accept every downgrade automatically
- Charging control eliminates the express exception
- Only the offended party can issue a judicial order
- The Rule applies only after conviction
Legal references
- Rules of Court, Rule110 Sections2–5,14,16 and Rule111 Sections1–3: https://lawphil.net/courts/rules/rc_110-127_crim.html
- AM02-2-07-SC, April10,2002, amending Rule110 Section5 effectiveMay1,2002: https://lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html
- People v Peralta, GR257105, August27,2025, MAIN opinion, pre-plea amendment and Rule110 Section14 exception: https://lawphil.net/judjuris/juri2025/aug2025/gr_257105_2025.html
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