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Philippine Bar review · Question

Practice question: Conditional Examination of Prosecution or Defense Witness

Multiple Choice Hard

Practice question

The accused receives reasonable notice of a properly ordered Section15 examination but refuses without justification to attend. The examination is conducted as at trial. Must the court abandon it solely because of that refusal?
  1. Yes, the accused can always veto it through nonattendance
  2. No; Section15 treats failure or refusal after notice as waiver for that examination
  3. No, and every other defense right is automatically lost forever
  4. The witness becomes immune from cross-examination rules
  5. The refusal automatically establishes guilt

Legal references

  • Rule119 Section15: https://lawphil.net/courts/rules/rc_110-127_crim.html

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