Practice question
The accused files a timely Section 9 motion. The prosecution relies on an exclusion of time under Section 3. Who has the burden of going forward with evidence to establish that exclusion?
- Only the accused
- Only the private complainant's counsel regardless of the prosecution
- The prosecution
- The defense witness in every case
- No one; exclusions are conclusively presumed
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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