Practice question
The accused unjustifiably misses a notified prosecution hearing. The court receives the prosecution evidence in absentia and immediately declares all defense evidence forever waived although no defense presentation was set. Which is sound under Marcos?
- Every missed prosecution date necessarily waives all future defense evidence.
- The court must convict without examining what was proved.
- The prosecution hearing automatically is the defense’s only hearing.
- Permissible reception of prosecution evidence does not automatically establish a blanket waiver of the later opportunity to present defense evidence.
- The accused’s absence changes all testimony into a confession.
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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