Practice question
The accused moves for leave but receives no grant. It nevertheless files the demurrer and assumes merely requesting leave preserves defense proof. Which is best?
- Every filed request is automatically granted
- The accused may privately grant its own leave
- No demurrer may ever be filed without leave
- A request is not a grant; filing without the required leave risks the Rule’s waiver consequence
- The prosecution’s burden disappears upon the request
Legal references
- Rule119 Section23: https://lawphil.net/courts/rules/rc_110-127_crim.html
Answer this question in flashcards to review your response and continue practicing.