Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A continuance under Section 3(f) is justified solely by congestion of the court calendar. May that reason alone support the exclusion in the accused’s dismissal calculation?
  1. No; Section 4 expressly prohibits that ground for this continuance.
  2. Yes, congestion automatically overrides the prohibition.
  3. Yes, every crowded calendar is an unlimited ends-of-justice finding.
  4. Yes, the accused must personally clear the court’s docket first.
  5. Yes, a busy judge may repeal Section 4 orally.

Legal references

  • Rules of Court, Rules 115-116 and 118-119, specifically the provisions discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html

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