Practice question
An accused perfects an appeal but moves to withdraw before the trial clerk forwards the record. Counsel claims perfection alone removed all trial-court withdrawal authority. Which is correct?
- Section12 permits allowance notwithstanding perfection at that stage
- Perfection always prohibits withdrawal
- Only the prosecutor may decide it
- The records must first be destroyed
- The accused must file a new criminal complaint
Legal references
- Rules of Court, Rule122 Sections9,11–13: https://lawphil.net/courts/rules/rc_110-127_crim.html
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