After the DOJ Secretary granted accused's Petition for Review, the prosecution filed a motion to withdraw the Information before the trial court…
2012 Bar Exam · Remedial Law · Question 61 · Multiple choice
The question
After the DOJ Secretary granted accused's Petition for Review, the prosecution filed a motion to withdraw the Information before the trial court. The judge therein denied the same. The trial prosecutor manifested before the judge that he can no longer prosecute the case because he is only an alter ego of the DOJ Secretary who ordered him to withdraw the Information. The case should therefore be prosecuted by:
- A.A DOJ state prosecutor.
- B.Private prosecutor, if any.
- C.Trial prosecutor of the pairing court.
- D.The same trial prosecutor who manifested his inability to prosecute the case.
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