Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A proceeding is actually under advisement for sixty days, and the prosecution invokes only Section 3(a)(7) for the full interval. Which is correct?
  1. Every advisement interval is excluded without limit.
  2. That provision is limited to a reasonably attributable period not exceeding thirty days.
  3. The prosecutor may choose any number of excluded days.
  4. The provision automatically excludes the whole preceding year.
  5. The accused must count all sixty as excluded merely because an order later issued.

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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