Philippine Bar review · Question

Practice question: Control of Prosecution

Multiple Choice Easy

Practice question

Once properly authorized and approved under A.M. No. 02-2-07-SC, how long may the private prosecutor continue prosecuting?
  1. Only until the next recess
  2. Only while the public prosecutor is physically beside counsel
  3. Only until the accused enters a plea
  4. Through the end of trial, even without the public prosecutor, unless authority is revoked or withdrawn
  5. Forever, including unrelated cases

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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