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Philippine Bar review · Question

Practice question: Cause of the Accusation

Multiple Choice Hard

Practice question

May CICL XXX be read to mean that prosecutors need never allege discernment because waiver is always inevitable?
  1. Yes, its waiver analysis abolishes the allegation requirement.
  2. No; the main decision recognizes the requirement, and waiver depends on the procedural circumstances.
  3. Yes, children are always presumed to have discernment.
  4. Yes, every timely objection is automatically futile.
  5. Yes, evidence need never establish discernment.

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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