Philippine Bar review · Question

Practice question: Provisional Dismissal

Multiple Choice Hard

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?
  1. The title does not supply the missing express consent prerequisite
  2. Every provisional title conclusively establishes consent
  3. An objection is direct affirmative consent
  4. Only the prosecutor’s preference counts
  5. 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

Answer this question in flashcards to review your response and continue practicing.