Philippine Bar review · Question

Practice question: Trial In Absentia

Multiple Choice Hard

Practice question

An accused is arraigned, duly notified and unjustifiably absent, so trial lawfully proceeds. The prosecution then rests without proving a necessary element and asks conviction solely because the accused fled. Which is best?
  1. Flight automatically proves every statutory element
  2. The missing element cannot be supplied by absence alone
  3. Trial in absentia is a civil default judgment
  4. The court must disregard all prosecution evidence
  5. The accused’s absence automatically voids the permitted trial

Legal references

  • Constitution ArticleIII Section14(2): https://lawphil.net/consti/cons1987.html

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