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?
- No; its accused-consent condition is missing
- Yes; own instance eliminates the express condition
- Yes; the prosecutor’s preference replaces consent
- Yes; the clerk may consent for the accused
- 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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