Philippine Bar review · Question

Practice question: Remedy When Accused is Not Brought to Trial Within the Time Limit

Multiple Choice Medium

Practice question

A court considers a Section 9 dismissal. What does the rule expressly say regarding double jeopardy?
  1. Double jeopardy can never be relevant
  2. Every dismissal permits unlimited refiling
  3. The accused must waive double jeopardy to file the motion
  4. The prosecutor alone decides the constitutional effect
  5. The dismissal is subject to the rules on double jeopardy

Legal references

  • Rules of Court, Rule 119, Sections 3–4 and 9–10.
  • Reviewed primary authority, Rule 119, Sections 3–4 and 9–10; no obsolete transitional numeric periods asserted: https://lawphil.net/courts/rules/rc_110-127_crim.html

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