Practice question
For the essential-witness exclusion, what does Section 3(b) require when the witness’s whereabouts are known but attendance cannot be obtained?
- No effort to obtain the witness.
- Inability to obtain presence by due diligence.
- Only a prosecutor’s preference to postpone.
- Automatic exclusion because the witness is inconvenient.
- A private declaration that diligence is unnecessary.
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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