Practice question
A court considers a Section 9 dismissal. What does the rule expressly say regarding double jeopardy?
- Double jeopardy can never be relevant
- Every dismissal permits unlimited refiling
- The accused must waive double jeopardy to file the motion
- The prosecutor alone decides the constitutional effect
- 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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