Sec. 18. Discharge of accused operates as acquittal.

The order indicated in the preceding section shall

amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same
offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn
statement constituting the basis for his discharge.
Sec. 19. When mistake has been made in charging the proper offense. When it becomes manifest at
any time before judgment that a mistake has been made in charging the proper offense and the accused
cannot be convicted of the offense charged or any other offense necessarily included therein, the
accused shall not be discharged if there appears good cause to detain him. In such case, the court shall
commit the accused to answer for the proper offense and dismiss the original case upon the filing of the
proper information.
Sec. 20. Appointment of acting prosecutor. When a prosecutor, his assistant or deputy is disqualified
to act due to any of the grounds stated in section 1 of Rule 137 or for any other reason, the judge or the
prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an
acting prosecutor.
Sec. 21. Exclusion of the public. The judge may, motu proprio, exclude the public from the courtroom
if the evidence to be produced during the trial is offensive to decency or public morals. He may also, on
motion of the accused, exclude the public from the trial except court personnel and the counsel of the
parties.
Sec. 22. Consolidation of trials of related offenses. Charges for offenses founded on the same facts or
forming part of a series of offenses of similar character may be tried jointly at the discretion of the
court.
Sec. 23. Demurrer to evidence. After the prosecution rests its case, the court may dismiss the action
on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the
opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of
court.
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce
evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused
waives the right to present evidence and submits the case for judgment on the basis of the evidence for
the prosecution.
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall
be filed within a non-extendible period of five (5) days after the prosecution rests its case. The
prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible
period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a
similar period from its receipt.

The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself
shall not be reviewable by appeal or by certiorari before judgment.
Sec. 24. Reopening. At any time before finality of the judgment of conviction, the judge may, motu
proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of
justice. The proceedings shall be terminated within thirty (30) days from the order granting it.