Practice question
The continuous-trial rule permits pre-trial despite an accused’s absence under stated conditions. Does that also authorize the accused’s initial arraignment without his personal presence?
- No; arraignment’s personal-presence and personal-plea requirements remain distinct.
- Yes, pre-trial attendance by counsel supplies any missing plea.
- Yes, the prosecutor may enter the accused’s personal guilty plea.
- Yes, absence always means a guilty plea.
- Yes, arraignment is merely an optional caption.
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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