MCQOPTIONS
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| 1. |
Mr. Tiok Chua executed a last will and testament. X, a niece was charged with the crime of forgery alleging that she forged Mr. Chua s signature. In the meantime, the will was admitted to probate. State the effect of the admission of the will to probate. |
| A. | X can still be prosecuted. |
| B. | X can no longer be prosecuted because the admission of the will to probate is the best evidence of its due execution. |
| C. | The probate of the will is res judicata to the prosecution of X. |
| D. | X cannot be prosecuted anymore because of the presumption of innocence especially with the probate of the will. |
| Answer» C. The probate of the will is res judicata to the prosecution of X. | |