Practice question
Before prosecution, the competent adult offended party expressly pardons the offender for an RPC act of lasciviousness governed by the private-crime clause. Counsel relies solely on that offense and later seeks prosecution despite the pardon. What does Section5 provide?
- The express pardon is a bar under the specified private-crime rule
- The pardon is necessarily irrelevant to that private crime
- Only a stranger may pardon it
- All private crimes require imprisonment without complaint
- An express pardon automatically creates a different charge
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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