Philippine Bar review · Question

Practice question: Trial In Absentia

Multiple Choice Easy

Practice question

When custody of an arraigned escapee is regained, does Rule 115’s escape-based prospective waiver remain textually unlimited?
  1. Yes, custody can never affect its duration.
  2. Yes, the accused permanently loses every right to attend.
  3. No; the clause operates until custody is regained.
  4. Yes, recapture automatically proves guilt.
  5. Yes, only the complainant may restore presence rights.

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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