Philippine Bar review · Question

Practice question: Provisional Dismissal

Multiple Choice Medium

Practice question

The accused writes With my conformity on a prosecution motion expressly seeking provisional dismissal. Under Lacson, is that equivalent to mere silence?
  1. A court cannot read the endorsement
  2. Yes; writing never conveys consent
  3. Only the mayor may consent
  4. No; it is affirmative express consent
  5. Consent requires a guilty plea in every case

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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