Philippine Bar review · Question

Practice question: Demurrer to Evidence

Multiple Choice Medium

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?
  1. Every filed request is automatically granted
  2. The accused may privately grant its own leave
  3. No demurrer may ever be filed without leave
  4. A request is not a grant; filing without the required leave risks the Rule’s waiver consequence
  5. The prosecution’s burden disappears upon the request

Legal references

  • Rule119 Section23: https://lawphil.net/courts/rules/rc_110-127_crim.html

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