Practice question
In a criminal case, the accused personally requested several lengthy postponements. The accused then attributes those same periods entirely to prosecutorial inaction without explaining their cause. What must the court do?
- Ignore the requests and count all time against the prosecution.
- Examine and attribute the delays in their actual context rather than accept the total as unexplained state delay.
- Dismiss automatically because any postponement is unconstitutional.
- Treat defense-requested delay as proof of factual guilt.
- Reject all future constitutional claims without considering any other period.
Legal references
- People v. Sandiganbayan (Tumang and Colis), G.R. No. 274922, February 17, 2025, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69832
- People v. Imelda Romualdez Marcos, G.R. Nos. 243402–08, June 10, 2026, main decision, contextual delay analysis: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70586
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