Practice question
Counsel quotes a separate opinion in CICL XXX saying that absent discernment allegations no valid conviction can be rendered, but omits the contrary main holding. Is that an accurate statement of that case’s disposition?
- No; the main decision’s waiver analysis and actual disposition must be stated.
- Yes, a dissent necessarily is the judgment.
- Yes, the most categorical sentence controls regardless of its author.
- Yes, the actual decree is irrelevant.
- Yes, any separate opinion reverses the Court automatically.
Legal references
- Rules of Court, Rule 110, Sections 7-15; Rule 116, Section 9; Rule 117, Sections 3(f) and 9; Rule 120, Section 3, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
- CICL XXX v. People, G.R. No. 238798, March 14, 2023, EN BANC MAIN decision, especially its discussion of pleading discernment and waiver (not the separate dissenting opinions): https://lawphil.net/judjuris/juri2023/mar2023/gr_238798_2023.html
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