Philippine Bar review · Topic

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

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  1. Under Section 3(a)(4), is all pre-trial delay excluded without any stated numerical limit?
  2. The prosecution seeks an ends-of-justice continuance exclusion but the order contains no findings balancing the ends se…
  3. A co-accused has not yet been brought under jurisdiction and no separate trial has been granted. Does Section 3(e) allo…
  4. A continuance under Section 3(f) is justified solely by congestion of the court calendar. May that reason alone support…
  5. A proceeding is actually under advisement for sixty days, and the prosecution invokes only Section 3(a)(7) for the full…
  6. A trial-limit motion disputes an essential witness’s absence. Explain the due-diligence inquiry.
  7. Explain the limits on an ends-of-justice continuance when deciding a trial-limit dismissal motion.
  8. Compare the exclusions for pre-trial proceedings, advisement and a co-accused not yet under jurisdiction.