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?
- Yes, every such absence automatically is an acquittal.
- Yes, absence is a final judgment on innocence.
- Yes, the public prosecutor loses all authority automatically.
- Yes, the accused must instead prosecute himself.
- 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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