Practice question
Counsel cites Marcos’s old reference to demurrer section numbering as the governing section today. What is the proper treatment?
- Apply its holding with the current rules, including present Rule 119, Section 23 for criminal demurrer procedure.
- Use historical numbering even if it identifies a different current subject.
- Treat all procedural amendments as nonexistent.
- Assume the old number repealed the current rule.
- Reject every older holding solely because numbering changed.
Legal references
- Rules of Court, Rules 115-116 and 118-119, specifically the provisions discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Marcos v. Ruiz, G.R. Nos. 70746-47, September 1, 1992, MAIN decision; apply current Rules 115 and 119 rather than its historical section numbering: https://lawphil.net/judjuris/juri1992/sep1992/gr_70746_1992.html
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