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Philippine Bar review · Question

Practice question: Cause of the Accusation

Multiple Choice Easy

Practice question

Did the main ruling in CICL XXX treat the failure to allege discernment as an automatic ground for acquittal in that case?
  1. Yes, it granted acquittal solely on that omission.
  2. No.
  3. Yes, it adopted every dissent as the judgment.
  4. Yes, it refused to consider waiver.
  5. Yes, it held no appellate review was possible.

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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