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Philippine Bar review · Question

Practice question: Who May Prosecute; Crimes that Cannot be Prosecuted De Oficio

Multiple Choice Medium

Practice question

A private lawyer is retained by an offended party to prosecute an RTC criminal case without the public prosecutor because the office lacks prosecutors. Which additional arrangement follows A.M. No. 02-2-07-SC?
  1. Written authorization from the Chief of the Prosecution Office or Regional State Prosecutor, with court approval
  2. Only the client's verbal permission
  3. Only a notarized fee agreement
  4. Only defense counsel's silence
  5. Only the lawyer's law-school certification

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://lawphil.net/judjuris/juri2025/may2025/gr_277020_2025.html — Chua-Chiba v Chiba, GR277020, May19 2025, MAIN decision (offended-spouse complaint and statutory court jurisdiction).
  • 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).

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