IS THE PROSECUTOR REQUIRED TO BE PHYSICALLY PRESENT IN THE TRIAL OF A CRIMINAL CASE?
Category: Criminal Procedure
IS THE PROSECUTOR REQUIRED TO BE PHYSICALLY PRESENT IN THE TRIAL OF A CRIMINAL CASE?
> If he is not physically present, it cannot be said that the prosecution was under his supervision and control—as held in the case of People v. Beriales
> People v. Malinao and Bravo v. CA—proceedings are valid even without the physical presence of the fiscal who left the prosecution to the private prosecutor under his supervision and control
Newer Philippine Law Resources:
- CRIMES THAT MUST BE PROSECUTED UPON COMPLAINT OF THE OFFENDED PARTY -
- LIMITATIONS ON THE CONTROL OF THE COURT OF CASES -
- DISTINCTION BETWEEN THE CONTROL BY THE PROSECUTION AND CONTROL BY THE COURT -
- IF THE PROSECUTOR THINKS AFTER FILING A CASE, THAT A PRIMA FACIE CASE DOES NOT EXIST, CAN HE REFUSE -
- AFTER A CASE IS FILED IN COURT, TO WHOM SHOULD A MOTION TO DISMISS BE ADDRESSED? -