Philippine Bar review · Topic

Remedy When Accused is Not Brought to Trial Within the Time Limit

Explore Remedy When Accused is Not Brought to Trial Within the Time Limit in Trial (Rule 119) for the Philippine Bar. Browse subtopics and published practice…

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Practice questions

  1. What remedy does Rule 119, Section 9 provide when the accused is not brought to trial within the applicable time limit?
  2. Who has the burden of proving the motion to dismiss under Rule 119, Section 9?
  3. What is the effect under Section 9 of failing to move for dismissal before trial?
  4. The accused files a timely Section 9 motion. The prosecution relies on an exclusion of time under Section 3. Who has th…
  5. A court considers a Section 9 dismissal. What does the rule expressly say regarding double jeopardy?
  6. An accused moves before trial for dismissal solely by adding every elapsed day. The prosecution establishes that specif…
  7. The prosecution opposes a Section 9 motion by claiming a continuance should be excluded under Section 3(f) solely becau…
  8. Explain the remedy, burdens and timing requirement under Rule 119, Section 9 when trial does not begin within the appli…
  9. Why should a court evaluating a Section 9 motion distinguish elapsed time from legally excluded time? Discuss the alloc…
  10. Explain how Rule 119, Section 10 preserves constitutional speedy-trial protection alongside the statutory and procedura…
  11. In computing a timely trial-limit dismissal motion, what does Rule 119, Section 3(a)(1) address?
  12. For the essential-witness exclusion, what does Section 3(b) require when the witness’s whereabouts are known but attend…