Practice question
The prosecution invokes Section 5(e) but argues that requesting an appeal is itself proof of undue risk of another crime. Which is sound?
- A lawful appeal alone does not establish the specified undue criminal-risk circumstance.
- Every appeal automatically is a threatened crime.
- Section 5(e) forbids all appeals.
- The accused must withdraw the appeal to contest the allegation.
- The subsection dispenses with a prosecutorial showing.
Legal references
- Rules of Court, Rule 114, Sections 5, 8-9, 17, 21-23, as specifically discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, MAIN decision, postconviction discretion and qualified certiorari review: https://lawphil.net/judjuris/juri2010/mar2010/gr_189122_2010.html
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