Philippine Bar review · Question

Practice question: New Trial or Reconsideration (Rule 121)

Multiple Choice Hard

Practice question

A Rule121 new trial is granted before finality. The prosecution says the original conviction remains enforceable as a second cumulative judgment even after the new adjudication. Which is correct?
  1. The original judgment must be set aside or vacated and a new judgment rendered accordingly
  2. Both judgments must cumulatively punish the same adjudication
  3. The original conviction is never disturbed by a new trial
  4. The new trial is only an informal interview
  5. The accused automatically forfeits every remedy

Legal references

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

Answer this question in flashcards to review your response and continue practicing.