Philippine Bar review · Question

Practice question: Pre-trial Order

Multiple Choice Hard

Practice question

A clerical error in the order changes a narrow factual agreement into an admission of an essential element not actually agreed or properly signed. What should the affected party seek?
  1. Prompt judicial correction or modification on the supporting record, rather than accept the error or privately rewrite the order.
  2. Treat the typo as an automatic conviction.
  3. Destroy the order without court action.
  4. Assume every erroneous recital is eternally immune from correction.
  5. Ask the bondsman to issue a replacement judicial order.

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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