Practice question
A court calls its dismissal provisional, but the accused expressly opposed that disposition. Counsel later invokes Section8 merely from the order’s title. Which is correct?
- The title does not supply the missing express consent prerequisite
- Every provisional title conclusively establishes consent
- An objection is direct affirmative consent
- Only the prosecutor’s preference counts
- The accused must accept every judicial label as fact
Legal references
- Rules111 Section7,116 Section11,117 and118: https://lawphil.net/courts/rules/rc_110-127_crim.html
- People v. Lacson, G.R.149453, April1,2003, main resolution, express consent and burden: https://lawphil.net/judjuris/juri2003/apr2003/gr_149453_2003.html
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