This case has been cited 2 times or more.
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2014-09-24 |
BERSAMIN, J. |
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| The rule that only evidence formally offered before the trial court can be considered is relaxed where two requisites concur, namely: one, the evidence was duly identified by testimony duly recorded; and, two, the evidence was incorporated in the records of the case.[12] Furthermore, the rule has no application where the court takes judicial notice of adjudicative facts pursuant to Section 2,[13] Rule 129 of the Rules of Court; or where the court relies on judicial admissions or draws inferences from such judicial admissions within the context of Section 4,[14] Rule 129 of the Rules of Court; or where the trial court, in judging the demeanor of witnesses, determines their credibility even without the offer of the demeanor as evidence.[15] | |||||
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2006-08-07 |
CHICO-NAZARIO, J. |
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| The case of Vda. De Oñate, which was relied upon by the Court of Appeals, reiterated our previous rulings in People v. Napat-a[25] and People v. Mate[26] relative to the admission and consideration of exhibits which were not formally offered during the trial. We declared in Vda. De Oñate[27] that From the foregoing provision, it is clear that for evidence to be considered, the same must be formally offered. Corollarily, the mere fact that a particular document to identified and marked as an exhibit does not mean that is has already been offered as part of the evidence of a party. In Interpacific Transit, Inc. v. Aviles [186 SCRA 385], we had the occasion to make a distinction between identification of documentary evidence and its formal offer as an exhibit. We said that the first is done in the course of the trial and is accompanied by the marking of the evidence as an exhibit while the second is done only when the party rests its case and not before. A party, therefore, may opt to formally offer his evidence if he believes that it will advance his cause or not to do so at all. In the event he chooses to do the latter, the trial court is not authorized by the Rules to consider the same. | |||||