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?
- Prompt judicial correction or modification on the supporting record, rather than accept the error or privately rewrite the order.
- Treat the typo as an automatic conviction.
- Destroy the order without court action.
- Assume every erroneous recital is eternally immune from correction.
- 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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