Practice question
A demurrer is filed without leave and denied. The accused demands defense testimony as of right, saying denial necessarily means a new phase is available. Which is best?
- Section23’s waiver consequence applies to the without-leave filing
- Every denial restores the defense opportunity automatically
- The court must convict without examining prosecution sufficiency
- The accused may convert the filing retroactively through a private letter
- Waiver permits conviction of any uncharged offense
Legal references
- Rule119 Section23: https://lawphil.net/courts/rules/rc_110-127_crim.html
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