Practice question
An inquest prosecutor expects a vital item to disappear and be unavailable at trial, with no lawful means to preserve or present the relevant proof. Which Section 5 consideration is directly implicated?
- Whether the evidence is capable of being preserved and presented to establish the offense.
- Only the color of the evidence envelope.
- Only the respondent’s home address.
- Only whether an arrest occurred on a weekday.
- Whether defense counsel agrees to waive trial altogether.
Legal references
- Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision, quoting DC 015 (2024), Rule II, Section 5 applicable to preliminary investigations AND inquest proceedings: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233
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