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Philippine Bar review · Question

Practice question: Conditional Examination of Prosecution or Defense Witness

Multiple Choice Medium

Practice question

The prosecutor was duly notified of the ordered Section13 defense examination but does not attend. Must the examination necessarily be cancelled solely for that absence?
  1. The witness must be imprisoned instead
  2. Yes; absence always vetoes the order
  3. Only the accused’s confession can proceed
  4. The order automatically becomes void
  5. No; the rule permits it to proceed despite the duly notified prosecutor’s absence

Legal references

  • Rule119 Sections12–18,23–24: https://lawphil.net/courts/rules/rc_110-127_crim.html

Answer this question in flashcards to review your response and continue practicing.