Practice question
An adultery complainant admits having consented to the charged conduct before it occurred. Both alleged offenders are alive and included. Counsel argues joinder alone eliminates the consent restriction. Which is correct?
- Including both does not remove the separate bar based on the offended spouse’s consent
- Joinder cures prior consent automatically
- Consent matters only in ordinary debt collection
- One offender’s inclusion makes consent irrelevant
- The restriction applies only when an offender is dead
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
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