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?
- The original judgment must be set aside or vacated and a new judgment rendered accordingly
- Both judgments must cumulatively punish the same adjudication
- The original conviction is never disturbed by a new trial
- The new trial is only an informal interview
- 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.