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Question 19
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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