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ANTONIO CABADOR v. PEOPLE

This case has been cited 1 times or more.

2012-09-05
ABAD, J.
Section 23, Rule 119 of the Rules of Criminal Procedure provides that a "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." This period runs, according to Cabador v. People,[23] only after the court shall have ruled on the prosecution's formal offer for that is when it can be deemed to have rested its case.