Philippine Bar review · Question

Practice question: Nonappearance at Pre-trial Conference

Multiple Choice Medium

Practice question

The private complainant is absent after due notice, but the accused and both lawyers attend. May the court presume that the absence necessarily extinguishes the criminal charge?
  1. Yes, every such absence automatically is an acquittal.
  2. Yes, absence is a final judgment on innocence.
  3. Yes, the public prosecutor loses all authority automatically.
  4. Yes, the accused must instead prosecute himself.
  5. No; the guideline provides for proceeding with pre-trial under its conditions.

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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