Section 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. (11a)
When Mistake has been made in Charging
the Proper Offense.
1. A mistake has been made in charging the proper offense;

2. This becomes manifest at any time before judgement;

3. Because of this mistake, the accused cannot be convicted of:

a. The offense charged
b. Any other offense necessarily included therein; but

4. There appears good cause to detain the accused.

Effects
• The accused shall NOT be discharged

• The court shall:

• Order the prosecution to file the proper information, and
• Dismiss the original case upon filing of the proper information.
Amendment and Substitution
Amendment - Section 19, Rule 119
• Trial stage
• Directed at the Court
• Evidence is necessarily being
presented
• “Any time before judgement”
Substitution - Section 14, Rule 110
• Prosecution stage
• Directed at the Prosecutor
• No evidence has been
presented yet
• “It appears… that a mistake has
been made in charging the
proper offense - From the time
of filing of information
Section 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
reasons, the judge or the prosecutor shall communicate with the
Secretary of Justice in order that the latter may appoint an acting
prosecutor. (12a)
Appointment of Acting Prosecutor;
Procedure
1. A prosecutor, his assistant, or deputy is disqualified to act due to:
a. Any grounds stated in Section 1 of Rule 137, or
b. Any other reason

2. The judge of the prosecutor shall communicate with the Secretary of

Justice; and

3. The Secretary of Justice may appoint an acting prosecutor

Section 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. (13a)
Exclusion of the Public.
1. When the judge may exclude the public from the courtroom:
a. Motu Proprio - If the evidence to be produced during the trial is offensive to
decency or public morals. or
b. On motion of the accused

2. Who cannot be excluded from the trial:

a. Court personnel, and
b. Counsel of the parties
Section 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. (14a)
Distinctions
Consolidation under Rule 111
• Consolidation between
criminal case and civil case
arising from offense charged.
• Civil case was originally filed
separately from the criminal
case.
Consolidation under Rule 119
• Consolidation of two or more
criminal cases.
• Cases to be consolidated are
founded on the same facts or
forming part of a series of
offenses of similar character.
Section 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.
(15a)
Section 23. Demurrer to evidence.
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. (n)
Demurrer to Evidence
1. When the court may dismiss the criminal action on the ground of
insufficiency of evidence:
a. After the prosecution rests

2. Basis of the court to dismiss the case on the ground of insufficiency

of evidence:
a. On its own initiative - After giving the prosecution the opportunity to be
heard, or
b. Upon demurrer to evidence - filed by the accused
Demurrer to Evidence WITH Leave of Court
Motion for leave of court to file a demurrer:
1. Shall be filed by accused within a non-extendible period of 5 days
after the prosecution rests its case,

2. Shall specifically state the grounds therefor, and

3. May be opposed by the prosecution within a non-extendible period

of 5 days from its receipt
Demurrer to Evidence WITH Leave of Court
Resolution of the court on the motion for leave of court:
1. If the court DENIES the motion - It shall not be reviewable by appeal
or by certiorari before judgement

2. If the court GRANTS the motion:

a. The accused is given a non-extendible period of 10 days from notice to file
the demurrer to evidence, and
b. The prosecution is given a non-extendible period of 10 days from receipt of
the demurrer to oppose the demurrer
Demurrer to Evidence WITH Leave of Court
Resolution of the court on the demurrer itself:
1. If the court DENIES the demurrer - The accused may present
evidence to prove his defense

2. If the court GRANTS the demurrer - The case is dismissed and the
accused is as good as acquitted
Demurrer to Evidence WITHOUT Leave of
Court
1. A demurrer to evidence is directly filed by the accused with the
court

2. Resolution of the court on the demurrer:

a. If the court DENIES the demurrer:
i. The accused is deemed to have waived his right to present evidence,
ii. The court will render judgement based on the evidence based on the evidence
presented by the prosecution, and
iii. This order shall not be reviewable by appeal or by certiorari before judgement

b. If the court GRANTS the demurrer - The case is dismissed and the accused is
as good as acquitted
Section 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. (n)
Reopening of a Case
1. When may the judge reopen the proceedings:
1. At any time before the finality of the judgement of conviction,
2. After a proper hearing,
3. Either:
1. Motu proprio, or
2. Upon motion
2. Ground for reopening the proceedings:
1. To avoid miscarriage of justice
3. When reopened proceedings shall be terminated:
1. Within 30 days from the order granting it