Practice question
An MTC appeal is pending in the RTC, and before appellate judgment the RTC allows the appellant’s withdrawal under Section12. The appellant claims the MTC conviction has disappeared because the appeal ended without a merits decision. Which is correct?
- The court-of-origin judgment becomes final and the case is remanded for execution
- The MTC judgment is automatically erased
- The accused is automatically acquitted
- The prosecution must refile the same charge
- The RTC must invent an unrelated sentence
Legal references
- Rules of Court, Rule122 Sections9,11–13: https://lawphil.net/courts/rules/rc_110-127_crim.html
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