Philippine Bar review · Question

Practice question: Reopening of Proceedings

Multiple Choice Hard

Practice question

Before finality, a party identifies a substantial matter potentially preventing a miscarriage of justice and requests reopening. The opponent says only a new-trial motion can ever permit further proceedings. Which is best?
  1. Section24 independently permits the court to consider reopening upon motion or its own initiative, with hearing
  2. The opponent is categorically correct
  3. The request automatically proves the new evidence true
  4. Reopening necessarily erases all prior evidence
  5. The moving party may dispense with judicial approval

Legal references

  • Rule119 Section24: https://lawphil.net/courts/rules/rc_110-127_crim.html

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