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Questions:

1. When is the time to prepare for trial?


Ans: After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to
prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial
order.
2. What shall motion state in an application for examination of defense witness?
Ans: The motion shall state:
a. Name and residence of the witness
b. Substance of his testimony
c. That the witness is sick or infirm as to afford reasonable ground for believing that he will
not be able to attend the trial, or resided more than q00 km from the place of trial and
has no means to attend the same, or that, other similar circumstances exist that would
make him unavailable or prevent him from attending the trial.

3. How can a court dismiss the case on the grounds of insufficiency of evidence?

Ans: 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.

4. When can court grant a new trial or reconsideration?

Ans: At any time before a judgment of conviction becomes final, the court may, on motion of the
accused or at its own instance but with the consent of the accused.

5. What are the grounds for new trial and reconsideration?

Ans: The court shall grant a new trial on any of the following grounds:

(a) The errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed during the trial;

(b) The new and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produced at the trial and which if introduced and
admitted would probably change the judgment.

The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which
requires no further proceedings

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