Philippine Bar review · Question

Practice question: Provisional Dismissal

Multiple Choice Hard

Practice question

A defendant never objected to provisional dismissal but neither spoke nor signed nor moved for it. The State says no consent was established; the defendant relies exclusively on failure to object. Which is correct under Lacson?
  1. Every omission is necessarily express consent
  2. Failure to object alone does not establish express consent
  3. Silence is stronger than a signed conformity
  4. Consent is required only after conviction
  5. The prosecutor must prove an objection to defeat the bar

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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