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Sanctions


Section 8. Sanctions

Acts Which Evoke The Sanction:
1. Knowingly allowing the case to be set on trial without disclosing
   that a necessary witness would be unavailable;
2. Files a motion solely for delay, knowing it to be frivolous and
   without merit;
3. Knowingly makes a false statement in order to obtain continuance;
4. Willfully fails to proceed to trial without justification.

The Sanctions:
a) Private Defense Counsel – fine not exceeding P20, 000 + criminal
   sanctions, if any.
b) Counsel de officio, Public Attorney or Prosecutor – fine not
   exceeding P5, 000 + criminal sanctions, if any.
c) Defense Counsel or Prosecutor – denial of the right to practice
   before the court trying the case for a period not exceeding 30 days +
   criminal sanctions if any.

Kinds Of Sanctions Under This Section:
1. Criminal;
2. Administrative;
3. Contempt of court.



Section 9. Remedy where accused is not brought to trial within 
the time limit

Arraignment must be set within 30 days from the date the court
acquires jurisdiction over the person of the accused, and within the
same period, the court must set the case for pre-trial, and within
30 days from the receipt of the pre-trial order, the trial must be
commenced.

The remedy of the accused is to file a motion to dismiss the information
on the ground of denial of his right to speedy trial. Failure of the
accused to move for dismissal prior to trial shall constitute a waiver
of his right to dismiss under this section.

The dismissal shall be subject to the rules on double jeopardy. So if
the dismissal is with prejudice, the case cannot be revived anymore.
But if the dismissal is without prejudice, the revival of the case
is proper.



Section 10. Law on speedy trial not a bar to provision on speedy 
trial in the Constitution

The accused should be brought to trial within 30 days from the date
the court acquires jurisdiction over the person of the accused
(Rule 116, Section 1g). If he is not brought to trial within the period
specified, he may quash the information on the ground of denial of his
right to speedy trial. Failure to move for dismissal prior to trial
shall constitute a waiver of the right to dismiss under Section 9,
Rule 120.

Arraignment must be set within 30 days from the date the court acquires
jurisdiction over the person of the accused, and within the same period,
the court must set the case for pre-trial, and within 30 days from the
receipt of the pre-trial order, the trial must be commenced.








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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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