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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a criminal case for homicide, the pre-trial conference is scheduled under Rule 118. The People and the offended party appear; the accused, Leo Santos, fails to appear and is not represented by counsel. The pre-trial conference proceeds in his absence and the court drafts a pre-trial order listing admitted facts, stipulations, and the calendar for trial. A week later, Santos, through counsel, moves to set aside the pre-trial order, contending that his non-appearance was due to a grave and justifiable cause: he was detained in another province by the police to answer to a separate case and attaches a detainer order and a certification from the provincial police director. The prosecution opposes. (a) Identify the controlling doctrine governing non-appearance at a pre-trial conference. (b) Distinguish the sanctions or remedies available for non-appearance, including when a continuance or dismissal may be warranted. (c) Apply the doctrine to the facts and determine whether the pre-trial order should be sustained or set aside, and state the proper course of action with brief justification.

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Clara

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