Philippine Bar review · Question

Practice question: Lesser Offense

Multiple Choice Medium

Practice question

The prosecution opposes a drug plea proposal on selected grounds and later seeks to rely on another available ground omitted from its opposition. What principle does Aquino apply?
  1. The omitted available ground is treated as waived under its omnibus-motion approach
  2. Every omitted ground remains reserved indefinitely
  3. Only the accused can waive anything
  4. The court must invent every omitted objection
  5. Omission automatically requires conviction of the original charge

Legal references

  • Rules of Court, Rule116 Sections1,3–9: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Aquino v People, GR259094, January28,2025, EN BANC MAIN opinion, comprehensive drug plea-bargaining guidelines1,3,5–12: https://lawphil.net/judjuris/juri2025/jan2025/gr_259094_2025.html

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