Practice question
Before arraignment, an accused supports her Rule19 motion with evidence that the prosecution was filed to harass and stifle her legitimate action protecting a river. The court finds at the summary hearing that the criminal case was filed with the prohibited intent described in Section3. What disposition does the Rule direct?
- Grant the motion to dismiss
- Deny it merely because an information exists
- Automatically convict without arraignment
- Transfer guilt to the complainant
- Require a civil final judgment before acting
Legal references
- Rules of Procedure for Environmental Cases, AM09-6-8-SC, Rule2 Sections8–11; Rule6 Sections2–4; Rule19 Sections1–3: https://lawphil.net/courts/supreme/am/am_09-6-8-sc_2010.html
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