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?
- Every omission is necessarily express consent
- Failure to object alone does not establish express consent
- Silence is stronger than a signed conformity
- Consent is required only after conviction
- 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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