Practice question
The accused was never notified of pre-trial. Both lawyers attend and invoke the guideline permitting absence after due notice. Is that particular notice predicate satisfied?
- Yes, both lawyers’ presence automatically proves notice to the accused.
- Yes, the rule expressly dispenses with notification.
- Yes, every accused is deemed notified by the filing of an information alone.
- No.
- Yes, the private complainant can waive the accused’s notice conclusively.
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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