Philippine Bar review · Question

Practice question: Requisites of a Valid Judgment

Multiple Choice Hard

Practice question

A judgment acquits because guilt was not proved beyond reasonable doubt but says nothing about whether the act or omission from which civil liability might arise did not exist. The accused claims the mere word 'acquitted' satisfies every required content. Which is correct under Rule 120, Section 2?
  1. Every acquittal automatically establishes that no act occurred
  2. Civil matters can never be addressed in a criminal judgment
  3. Only the accused's preference controls the finding
  4. The judgment must also make the specified determination regarding the existence of the act or omission; acquittal alone does not supply it
  5. The prosecutor must enter a civil judgment personally

Legal references

  • Rules of Court, Rule 120, Sections 1–2.
  • Reviewed primary authority, Rule 120, Sections 1–2: https://lawphil.net/courts/rules/rc_110-127_crim.html

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