Practice question
A motion shows circumstances claimed to justify reopening but does not fit either example word for word. The prosecutor rejects it solely because such as makes the examples exclusive, without considering justification. Which is correct?
- The wording forbids considering any other circumstance
- The premise of an exhaustive list is mistaken; justified circumstances must be evaluated
- Every unmatched circumstance must automatically be granted
- A motion needs no supporting facts
- The accused alone decides the motion
Legal references
- DOJ Department Circular 015 (2024), Sections2–7,10,15–16,19–20; primary issuance text reproduced at https://comanialaw.com/doj-department-circular-no-015-series-of-2024/
- Crespo v. Mogul, G.R.L-53373, June30,1987: https://lawphil.net/judjuris/juri1987/jun1987/gr_l-53373_1987.html
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