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Philippine Bar review · Question

Practice question: Demurrer to Evidence

Multiple Choice Hard

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?
  1. Section23’s waiver consequence applies to the without-leave filing
  2. Every denial restores the defense opportunity automatically
  3. The court must convict without examining prosecution sufficiency
  4. The accused may convert the filing retroactively through a private letter
  5. 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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