Philippine Bar review · Question

Practice question: Grounds

Multiple Choice Hard Jurisprudence

Practice question

The accused’s timely motion alleges one ground. The court supplies a wholly unstated formal-defect ground on its own, invoking Section2’s exception. Which is correct?
  1. The express Section2 exception concerns lack of jurisdiction over the offense, not every unstated formal defect
  2. Section2 permits every unstated ground
  3. Only the motion’s page count matters
  4. The prosecutor may invent the defense motion
  5. Any caption defect is necessarily subject-matter jurisdiction

Legal references

  • Rules111 Section7,116 Section11,117 and118: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Villa Gomez v. People, G.R.216824, November10,2020, main ruling and correct Rule117 Section9 waiver-exception text: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/67025

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