Practice question
A witness has left the Philippines. Earlier testimony concerns the same parties and subject matter, and the adverse party was given an opportunity to cross-examine but chose not to use it. Is actual questioning invariably required by the wording of Rule115?
- Yes; every offered question must have been answered
- No; it specifies the opportunity to cross-examine
- No prior testimony can ever be used by the defense
- Only a deceased witness is covered
- A foreign departure automatically proves guilt
Legal references
- Rules115–116, Revised Rules of Criminal Procedure: https://lawphil.net/courts/rules/rc_110-127_crim.html
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