Practice question
Before plea, the prosecutor files a motion to downgrade the offense, gives the offended party notice, and seeks leave. The offended party objects. Does the notice requirement itself give the offended party an absolute veto?
- No; the court resolves the motion with reasons
- Yes; objection automatically decides every motion
- Yes; only private counsel may rule
- Yes; the prosecutor must obey any damages demand
- Yes; no judge may consider the motion
Legal references
- Rules of Court, Rule110 Sections2–5,14,16 and Rule111 Sections1–3: https://lawphil.net/courts/rules/rc_110-127_crim.html
- AM02-2-07-SC, April10,2002, amending Rule110 Section5 effectiveMay1,2002: https://lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html
- People v Peralta, GR257105, August27,2025, MAIN opinion, pre-plea amendment and Rule110 Section14 exception: https://lawphil.net/judjuris/juri2025/aug2025/gr_257105_2025.html
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