Philippine Bar review · Question

Practice question: Demurrer to Evidence

Multiple Choice Hard

Practice question

Before judgment, an accused seeks immediate appellate review of the trial court’s denial of leave solely as an ordinary appeal from that interlocutory denial. What does Rule119 Section23 provide?
  1. Every denial is immediately appealable as of right
  2. The denial is not reviewable by appeal or certiorari before judgment under the stated rule
  3. The denial itself is a final acquittal
  4. Only the witness may appeal it
  5. The prosecutor’s agreement creates an appeal right

Legal references

  • Rule119 Sections12–18,23–24: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • A.M.15-06-10-SC, Revised Guidelines for Continuous Trial of Criminal Cases, April25,2017, itemsI andIII.13(d),13(f),14–15; primary text: https://www.wipo.int/wipolex/en/legislation/details/20516

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