Practice question
After prosecution rests, the judge considers dismissal for insufficient evidence on the court’s own initiative. May it do so without any opportunity for the prosecution to be heard?
- Yes, hearing the prosecution is forbidden
- The judge can never initiate dismissal
- Only a surety may request dismissal
- The opportunity automatically proves sufficiency
- No; Section23 expressly requires that opportunity
Legal references
- Rule119 Section23: https://lawphil.net/courts/rules/rc_110-127_crim.html
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