Practice question
The accused’s timely motion alleges one ground. The court supplies a wholly unstated formal-defect ground on its own, invoking Section2’s exception. Which is correct?
- The express Section2 exception concerns lack of jurisdiction over the offense, not every unstated formal defect
- Section2 permits every unstated ground
- Only the motion’s page count matters
- The prosecutor may invent the defense motion
- Any caption defect is necessarily subject-matter jurisdiction
Legal references
- Rules111 Section7,116 Section11,117 and118: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Villa Gomez v. People, G.R.216824, November10,2020, main ruling and correct Rule117 Section9 waiver-exception text: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/67025
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