This case has been cited 1 times or more.
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2003-01-20 |
QUISUMBING, J. |
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| At the time Criminal Cases Nos. 15800-R and 15822-R were being tried, the 1985 Rules of Criminal Procedure were in effect. There was no specific provision at that time governing motions to reopen.[84] Nonetheless, long and established usage has led to the recognition and acceptance of a motion to reopen. In view of the absence of a specific procedural rule, the only controlling guideline governing a motion to reopen was the paramount interests of justice. As a rule, the matter of reopening of a case for reception of further evidence after either prosecution or defense has rested its case is within the discretion of the trial court.[85] However, a concession to a reopening must not prejudice the accused or deny him the opportunity to introduce counter evidence.[86] | |||||