Practice question
The prosecution alleges prior unjustified escape in a case within Section5’s exceeding-six-year setting, but supplies no support and gives no notice. It demands immediate mandatory cancellation. Which is best?
- Every allegation conclusively proves escape
- The court must enforce the required showing and notice rather than treat allegation alone as the established condition
- Notice is irrelevant whenever the prosecution asks
- Prior escape can never matter
- The accused automatically wins the underlying appeal
Legal references
- Rule114 Section5(b): https://lawphil.net/courts/rules/rc_110-127_crim.html
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