Practice question
The prosecution office has a heavy work schedule. Its chief gives a private lawyer written authority to prosecute a particular RTC case, and the court approves it. At the next hearing the public prosecutor is absent. Is absence alone a sufficient reason to prohibit that lawyer from proceeding?
- Yes; private prosecution is never allowed
- Yes; writing cannot authorize participation
- No; the approved authorization permits continuation despite that absence unless revoked or withdrawn
- Yes; the accused must personally reauthorize counsel each hearing
- No; private counsel may therefore prosecute every case in the court
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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