Practice question
An accused moves before trial for dismissal solely by adding every elapsed day. The prosecution establishes that specified days qualify for exclusion under Section 3. The accused insists excluded time must count because every delay is necessarily unlawful. Which is correct?
- All elapsed time must count regardless of legal exclusions
- The court must assess the proved exclusions when resolving the Section 9 motion; raw elapsed time alone is not decisive
- Any assertion of exclusion automatically defeats every motion
- All defense-caused delay must count against the prosecution without analysis
- The court must convict to resolve the delay issue
Legal references
- Rules of Court, Rule 119, Sections 3–4 and 9–10.
- Reviewed primary authority, Rule 119, Sections 3–4 and 9–10; no obsolete transitional numeric periods asserted: https://lawphil.net/courts/rules/rc_110-127_crim.html
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