Practice question
An MTC conviction is already on appeal in the RTC. Before the RTC renders appellate judgment, the appellant moves to withdraw. Does forwarding the record earlier categorically eliminate the RTC’s Section12 authority?
- No; the RTC has the separate discretionary power stated for that first-level appeal
- Yes; withdrawal is permanently impossible
- Yes; only the Supreme Court may act
- Yes; the prosecutor may impose a new sentence
- Yes; the appeal automatically becomes an acquittal
Legal references
- Rules of Court, Rule122 Sections9,11–13: https://lawphil.net/courts/rules/rc_110-127_crim.html
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