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Amendment - Section 19, Rule 119 Substitution - Section 14, Rule 110
• Trial stage • Prosecution stage
• Directed at the Court • Directed at the Prosecutor
• Evidence is necessarily being • No evidence has been
presented presented yet
• “Any time before judgement” • “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
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. 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
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