Practice question
An accused requests inspection of designated material documents controlled by the prosecution, not clarification of the charge’s ultimate facts. Counsel insists that the only possible mechanism is a bill of particulars. Which is correct?
- A bill is the exclusive discovery procedure for all evidence.
- The court may never allow inspection.
- Section 9 compels disclosure of every privileged document.
- The prosecutor may discard the documents instead.
- Rule 116 section 10 provides a distinct good-cause, notice-based procedure for production or inspection of qualifying material evidence.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 sections 9–10: bill of particulars and distinct material-evidence inspection procedure.
- https://lawphil.net/judjuris/juri2024/feb2024/gr_258841_2024.html — Enrile v. Sandiganbayan, G.R. 258841, February 27, 2024, main opinion: ultimate-fact particulars, surprise and limits of evidentiary disclosure.
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