This case has been cited 2 times or more.
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2010-07-05 |
MENDOZA, J. |
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| The assertion of the accused that the minority of AAA was not established because the prosecution failed to present her birth certificate in evidence deserves scant consideration. The Informations specifically alleged that AAA was a minor, i.e., barely 14 years old on July 14, 1999 and September 1999, when she was raped by her own father. The accused himself, with the assistance of counsel, categorically admitted during pre-trial that AAA was his daughter and that she was only 14 years old on July 14, 1999 and in September 1999. These stipulations are binding on this Court because they are judicial admissions within the contemplation of Section 4, Rule 129 of the Revised Rules of Court.[41] The stipulation of facts signed by the parties, that is, the accused, his counsel and the prosecutor, in a criminal case is recognized as a declaration constituting judicial admission and is binding upon the parties. The stipulated facts stated in the pre-trial order amount to an admission by the accused and a waiver of his right to present evidence to the contrary. Although the right to present evidence is guaranteed by the Constitution, such right may be waived expressly or impliedly.[42] Thus, the rule that no proof need be offered as to any facts admitted during a pre-trial hearing applies.[43] | |||||
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2003-03-05 |
BELLOSILLO, J. |
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| In these cases, it was indubitably shown that the express waiver made by accused of his right to rebut the prosecution evidence was done after he had personally manifested to the trial court his belated desire to change his plea of not guilty to guilty, thus indicating his wholehearted willingness to forego reception of his evidence and uncompromised admission of complicity in the crimes charged therein;[16] or that the waiver was made only after the trial court informed accused-appellant of the consequences if he failed to present evidence in his defense, specifically that the prosecution was able to establish his guilt beyond reasonable doubt but accused-appellant nonetheless insisted that he had no intention of presenting evidence in his behalf;[17] or that his waiver was inferred from a valid and enforceable stipulation of facts in the pre-trial order signed by him and his counsel, which amounted to a surrender of his right to present evidence to contradict the stipulation,[18] among other situations which veritably evinced a voluntary and intelligent relinquishment of the right. None of these situations nor analogous ones obtain in the case at bar. | |||||