Philippine Bar review · Question

Practice question: New Trial or Reconsideration (Rule 121)

Multiple Choice Medium

Practice question

A judge proposes a court-initiated new trial over the accused’s express refusal to consent, relying only on Section1’s own-instance clause. Is that clause sufficient?
  1. No; its accused-consent condition is missing
  2. Yes; own instance eliminates the express condition
  3. Yes; the prosecutor’s preference replaces consent
  4. Yes; the clerk may consent for the accused
  5. Yes; consent applies only to civil witnesses

Legal references

  • Rules of Court, Rule121 Sections1,4–6: https://lawphil.net/courts/rules/rc_110-127_crim.html

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