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Question 19

2024 Bar · Political Law · 1 sub-question

19. The Regional Trial Court (RTC) convicted Luciano of illegal sale of dangerous drugs. Luciano sought reconsideration. The RTC reversed its judgment of conviction and acquitted Luciano of the crime, thus: ORDER For resolution is the accused’s motion for reconsideration assailing his conviction for the offense of illegal sale of dangerous drugs. The prosecution did not file any comment. Hence, the motion is now submitted for resolution. After a perusal of the motion for reconsideration, the Court finds merit that the prosecution miserably failed to overcome the accused’s presumption of innocence. For this reason, the motion for reconsideration is GRANTED. The accused is ACQUITTED in the criminal case for illegal sale of dangerous drugs. SO ORDERED. The Office of the Solicitor General (OSG) questioned the order of acquittal before the Court of Appeals. The OSG explained that the RTC failed to comply with the constitutional requirements in rendering a valid judgment amounting to grave abuse of discretion. On the other hand, Luciano invoked his right against double jeopardy and argued that the order of acquittal is already final and not subject to review. Is the RTC guilty of grave abuse of discretion when it rendered the order of acquittal? Explain.

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