Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A stranger files a complaint for defamation consisting specifically of imputing adultery to an identifiable person. The offended person has filed no complaint. Is the stranger’s complaint alone sufficient under the special Section5 clause?
  1. No; the specified defamation requires the offended party’s complaint
  2. Yes; every reader may replace the offended party
  3. Yes; defamation has no complaint restrictions
  4. Yes; a stranger becomes the offended spouse
  5. Yes; publication itself is the required complaint

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

Answer this question in flashcards to review your response and continue practicing.