Practice question
In CICL XXX’s main decision, must acting with discernment be specifically alleged for the child’s relevant criminal-liability inquiry?
- Yes.
- No, minority automatically establishes discernment.
- No, the child must allege discernment against himself.
- No, the prosecutor’s job title supplies it.
- No, the court may ignore the issue altogether.
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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