Philippine Bar review · Question

Practice question: Trial In Absentia

Multiple Choice Easy

Practice question

For an arraigned accused who escapes from custody, what does current Rule 115, Section 1(c) provide regarding subsequent trial dates?
  1. The right to be present is deemed waived until custody is regained.
  2. Every escape terminates the court’s jurisdiction automatically.
  3. The prosecution must obtain the escapee’s consent for each hearing.
  4. The accused automatically is acquitted.
  5. The escape substitutes for proof of every offense element.

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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