Practice question
For a June 2026 criminal hearing involving direct confrontation of a prosecution witness, defense counsel files a timely technically supported Section 5 motion. Counsel alone signs a statement that the accused need not execute any waiver because online participation automatically waives face-to-face confrontation. Which is best?
- The motion must address the accused’s informed written waiver required for that confrontation
- Counsel’s unilateral statement automatically satisfies every waiver requirement
- No waiver can ever be required for videoconferencing
- Every minor criminal incident necessarily requires the same waiver regardless of confrontation
- Technical readiness conclusively replaces constitutional safeguards
Legal references
- AM 24-11-02-SC, Sections 1(d), 4 and 34: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/101170
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