This case has been cited 6 times or more.
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2008-12-24 |
VELASCO JR., J. |
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| Accused-appellant's belated invocation of the strict application of the rules on evidence to suit his purpose is quite misplaced, for evidence not objected to, AAA's testimony in this case, becomes the property of the case, and all the parties to the case are considered amenable to any favorable or unfavorable effects resulting from the evidence.[24] | |||||
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2008-11-24 |
VELASCO JR., J. |
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| Accused-appellant's belated invocation of the strict application of the rules on evidence to suit his purpose is quite misplaced, for evidence not objected to, AAA's testimony in this case, becomes the property of the case, and all the parties to the case are considered amenable to any favorable or unfavorable effects resulting from the evidence.[24] | |||||
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2007-12-27 |
REYES, R.T., J. |
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| As a matter of fact, instead of objecting, petitioners admitted the contents of Exhibit "A," that is, OCT No. 352 in their comment[35] on respondents' formal offer of documentary evidence. In the said comment, petitioners alleged, among others, that "Exhibits A, B, C, D, E, F and G, are admitted but not for the purpose they are offered because these exhibits being public and official documents are the best evidence of that they contain and not for what a party would like it to prove."[36] Said evidence was admitted by the RTC.[37] Once admitted without objection, even though not admissible under an objection, We are not inclined now to reject it.[38] Consequently, the evidence that was not objected to became property of the case, and all parties to the case are considered amenable to any favorable or unfavorable effects resulting from the said evidence.[39] | |||||
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2005-08-29 |
CHICO-NAZARIO, J. |
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| A demurrer to evidence abbreviates judicial proceedings, it being an instrument for the expeditious termination of an action. Caution, however, must be exercised by the party seeking the dismissal of a case upon this ground as under the rules, if the movant's plea for the dismissal on demurrer to evidence is granted and the order of dismissal is reversed on appeal, he loses his right to adduce evidence. If the defendant's motion for judgment on demurrer to evidence is granted and the order is subsequently reversed on appeal, judgment is rendered in favor of the adverse party because the movant loses his right to present evidence.[40] The reviewing court cannot remand the case for further proceedings; rather, it should render judgment on the basis of the evidence presented by the plaintiff.[41] | |||||
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2005-07-29 |
CHICO-NAZARIO, J. |
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| A demurrer to evidence abbreviates judicial proceedings, it being an instrument for the expeditious termination of an action. Caution, however, must be exercised by the party seeking the dismissal of a case upon this ground as under the rules, if the movant's plea for the dismissal on demurrer to evidence is granted and the order of dismissal is reversed on appeal, he loses his right to adduce evidence. If the defendant's motion for judgment on demurrer to evidence is granted and the order is subsequently reversed on appeal, judgment is rendered in favor of the adverse party because the movant loses his right to present evidence.[40] The reviewing court cannot remand the case for further proceedings; rather, it should render judgment on the basis of the evidence presented by the plaintiff.[41] | |||||