Practice question
An RTC judge takes over examination and presentation of the prosecution's entire case, claiming that judicial control after filing makes the judge the public prosecutor. The accused objects. Which principle best resolves the claimed authority?
- Filing merges the judicial and prosecutorial offices
- The offended party may appoint the judge prosecutor
- The judge must accept every prosecution motion without review
- Judicial authority over disposition does not erase the separate role of the prosecution or judicial impartiality
- The judge may act as prosecutor whenever civil damages are sought
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule110 §§2–4,5 private-crime clauses,10,15–16 and Rule111; read §5 first paragraph with AM02-2-07-SC amendment.
- https://chief.lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html — A.M. No. 02-2-07-SC, April 10, 2002, effective May 1, 2002 (written authorization and court approval of private prosecution).
- https://lawphil.net/judjuris/juri2015/jul2015/gr_175999_2015.html — Lai v. People, G.R. No. 175999, July 1, 2015, MAIN decision (prosecutorial control and authorized private prosecution).
- https://www.lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html — Crespo v Mogul, GRL53373, June30 1987, ENBANC MAIN decision (judicial control after filing).
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