Philippine Bar review · Question

Practice question: Nonappearance at Pre-trial Conference

Multiple Choice Hard

Practice question

The accused misses a duly notified pre-trial attended by both lawyers. Counsel orally admits a disputed incriminating fact, with no writing signed by accused and counsel. Does permission to proceed remove Rule 118, Section 2’s safeguards?
  1. No.
  2. Yes, absence itself signs every admission.
  3. Yes, counsel’s attendance always eliminates the accused’s required signature.
  4. Yes, the judge may presume every element admitted.
  5. Yes, an unsigned proposed agreement is a guilty plea.

Legal references

  • Rules of Court, Rules 115-116 and 118-119, specifically the provisions discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • A.M. No. 15-06-10-SC, April 25, 2017, Revised Guidelines for Continuous Trial of Criminal Cases, Part III, items 8(b), 8(f) and 9 (primary text reproduced by WIPO Lex): https://www.wipo.int/wipolex/en/legislation/details/20516

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