Philippine Bar review · Question

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

Multiple Choice Medium

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?
  1. Only the accused
  2. Only the private complainant's counsel regardless of the prosecution
  3. The prosecution
  4. The defense witness in every case
  5. 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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