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Philippine Bar review · Question

Practice question: Rights of Accused at Trial

Multiple Choice Hard

Practice question

After arraignment, an accused receives notice of trial but deliberately stays away without justification. The accused later argues that the trial could never proceed because presence at trial cannot be waived. Which is correct under Rule 115?
  1. The claim is necessarily correct in every case
  2. Unjustified absence from a notified trial is deemed a waiver of the right to be present there
  3. Absence automatically proves the offense
  4. Counsel must automatically admit guilt
  5. The prosecution no longer has to offer evidence

Legal references

  • Rules of Court, Rule 115, Section 1.
  • Reviewed primary authority, Rule 115, Section 1: https://lawphil.net/courts/rules/rc_110-127_crim.html

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