Philippine Bar review · Question

Practice question: Trial In Absentia

Multiple Choice Hard

Practice question

An escaped accused is recaptured after prosecution evidence was lawfully received in absentia. Does recapture alone automatically nullify the completed lawful hearings?
  1. Yes, every lawful hearing becomes nonexistent on recapture.
  2. No.
  3. Yes, all prosecution evidence must be treated as fabricated.
  4. Yes, the court must acquit without examining the record.
  5. Yes, recapture withdraws the original plea.

Legal references

  • Rules of Court, Rules 115-116 and 118-119, specifically the provisions discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Marcos v. Ruiz, G.R. Nos. 70746-47, September 1, 1992, MAIN decision; apply current Rules 115 and 119 rather than its historical section numbering: https://lawphil.net/judjuris/juri1992/sep1992/gr_70746_1992.html

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