REOPENING OF THE CASE, CONDITIONS REQUIRED

Sec. 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.

WHEN CAN A CASE BE REOPENED?

 At any time before the finality of judgment of conviction, the judge may reopen the case either on his own volition or upon motion, with hearing on either case, in order to avoid a
miscarriage of justice

 The proceedings should be terminated within 30 days from the order granting the reopening of the case

WHEN CAN THERE BE A DENIAL OF THE REOPENING OF THE CASE, GIVEN THAT ALL CONDITIONS REQUIRED?

 It would be prejudicial to the rights of an accused

 Examples of this when the accused cannot present enough evidence, present his witnesses, etc.

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REOPENING OF THE CASE, CONDITIONS REQUIRED

WHEN CAN A CASE BE REOPENED?

 The proceedings should be terminated within 30 days from the order granting the reopening of the case

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