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Unformatted text preview: position. Duces Tecum The person is also required to bring with him any books, documents, or other things under his control. Q: What is the requirement for the issuance of subpoena duces tecum? A: The subpoena shall contain a reasonable description of the books, documents or things demanded which must appear to the court as prima facie relevant. Q: What are the requirements for the exercise of the right to secure attendance of witness? A: 1. The witness is really material 2. The attendance of the witness was previously obtained POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS 3. 2. The witness will be available at the time desired No similar evidence could be obtained 4. Q: When is the right to cross‐examine demandable? A: It is demandable only during trials. Thus, it cannot be availed of during preliminary investigations. Q: What are the principal exceptions to the right of confrontation? A: 1. Admissibility of dying declarations and all exceptions to the hearsay rule 2. Trial in absentia under Sec.14(2) of Art. III of the Constitution 3. With respect to child testimony 9. Trial in Absentia Q: When may trial in absentia proceed? A: Trial in absentia may proceed if the following requisites are present: 1. Accused has been validly arraigned 2. Accused has been duly notified of the dates of hearing 3. Failure to appear is unjustifiable Q: Is the presence of the accused mandatory? A: Yes, in the following instances: 1. During arraignment and plea 2. During trial, for identification, unless the accused has already stip...
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