Philippine Bar review · Question

Practice question: New Trial or Reconsideration (Rule 121)

Multiple Choice Hard

Practice question

The court grants a new trial for an identified prejudicial irregularity affecting two witnesses but not several independently received exhibits. The accused demands automatic destruction of every unaffected exhibit. What does Section6(a) prescribe?
  1. Set aside and retake affected proceedings and evidence; unaffected material is not automatically erased by that clause
  2. Destroy every item in every related case
  3. Treat all evidence as conclusively false
  4. Forbid the court from receiving any additional evidence in the interest of justice
  5. Retain only the prosecutor’s closing argument

Legal references

  • Rules of Court, Rule121 Sections1,4–6: https://lawphil.net/courts/rules/rc_110-127_crim.html

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