Philippine Bar review · Question

Practice question: Right Against Double Jeopardy

Multiple Choice Medium Jurisprudence

Practice question

An accused expressly requests an ordinary dismissal for convenience, and the court grants it without an acquittal or merits determination. No speedy-trial, insufficiency-of-evidence or other independent bar applies. Which Section 7 condition is relevant?
  1. Every requested dismissal is necessarily an acquittal.
  2. Consent is never relevant.
  3. The rule’s dismissal-based bar refers to termination without the accused’s express consent.
  4. Any convenient dismissal automatically erases every offense forever.
  5. Only a foreign court may revive any charge.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 21.
  • Rules of Court: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Rule 117, Section 7.

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