Philippine Bar review · Question

Practice question: Requisites of a Valid Judgment

Multiple Choice Hard

Practice question

A valid criminal conviction follows a trial in which civil enforcement was expressly waived. The judgment otherwise complies with Sections1–2 but contains no civil damages against the accused. Counsel declares the entire judgment defective solely because every conviction must include a civil award even after waiver. Which is correct?
  1. The waiver qualification defeats that categorical claim
  2. Waiver requires a duplicate award
  3. A civil award is unavoidable in every conviction
  4. Waiver transforms guilt into acquittal
  5. The prosecutor must be made the civil debtor

Legal references

  • Rules of Court, Rule120 Sections1–6; Rule110 Sections8–9: https://lawphil.net/courts/rules/rc_110-127_crim.html

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