Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Prosecution of Civil Action (Rule 111)
3. Reservation, Suspension, and Waiver
When Reservation Shall Be Made:
- Before the prosecution starts to present its evidence; and
- Under circumstances affording the offended party a reasonable opportunity to make such reservation (Rule 111, Sec. 1).
Exception/s:
- If the offender has enjoyed a previous suspension of sentence;
- If the offender is convicted by a military tribunal;
Waiver of Privilege
By requesting and obtaining a report of the examination OR by taking the deposition of the examiner, the party examined WAIVES any privilege he may have in that action or any other involving the same controversy regarding the testimony of every other person who has examined or may thereafter examine him.
Authorities
- Rule 111, Sec. 1