Practice question
The prosecution opposes a Section 9 motion by claiming a continuance should be excluded under Section 3(f) solely because its own preparation was not diligent. No other qualifying basis is shown. What does Section 4 provide?
- Lack of diligent preparation always warrants that continuance
- The prosecutor may automatically choose any exclusion
- The accused must prove guilt before objecting
- Such a continuance may not be granted on the ground of the prosecutor's lack of diligent preparation
- Any continuance necessarily establishes final acquittal
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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