Philippine Bar review · Question

Practice question: Nonappearance at Pre-trial Conference

Multiple Choice Hard

Practice question

A prosecutor is absent from pre-trial and later provides substantiated facts for the court to evaluate as an excuse. The defense demands an automatic fixed penalty, asserting that Section3 prohibits considering explanations. Which is best?
  1. The court must assess acceptability and any proper sanction under the Rule
  2. Explanations are categorically forbidden
  3. Any explanation automatically prevents every sanction
  4. The defense alone fixes the penalty
  5. Absence automatically dismisses every criminal case with prejudice

Legal references

  • Rule118 Section3: https://lawphil.net/courts/rules/rc_110-127_crim.html

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