Philippine Bar review · Question

Practice question: Nonappearance of Accused

Multiple Choice Hard

Practice question

A judgment is to be promulgated while the rendering judge is outside the province. The clerk of court properly performs promulgation under Section6. Counsel demands nullification solely because the judge did not personally read the signed judgment that day. Which is correct?
  1. The specified clerk-of-court qualification defeats that sole objection
  2. Only the signing judge may ever read it
  3. The clerk’s reading necessarily creates a new offense
  4. The judge’s travel vacates the judgment
  5. The prosecutor must replace the judge as decision-maker

Legal references

  • Rules of Court, Rule120 Sections1–6; Rule110 Sections8–9: https://lawphil.net/courts/rules/rc_110-127_crim.html

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