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PEOPLE v. DANILO DUMPE Y JIMENEZ

This case has been cited 2 times or more.

2013-09-11
BRION, J.
The court is not unmindful of these on-the-ground realities. In fact, we have ruled that the discrepancies between the statements of the affiant in his affidavit and those made by him on the witness stand do not necessarily discredit him since ex parte affidavits are generally incomplete.[11] As between the joint affidavit and the testimony given in open court, the latter prevails because affidavits taken ex-parte are generally considered to be inferior to the testimony given in court.[12]
2005-01-17
AZCUNA, J.
On July 19, 1990, Rasmus G. Anderson, Jr., filed an administrative complaint[4] before this Court wherein he alleged that respondent Atty. Reynaldo A. Cardeño caused "the loss" or the adverse ruling against him in the aforementioned case before the RTC, Civil Case No. 0110-B. Specifically, complainant alleged the following: 1.) That when the respondents in the civil case filed a Demurrer to Evidence, Atty. Cardeño did not file an opposition thereto and did not appear at the formal hearing set for the purpose of considering the merits of the demurrer. Thus, in addition to finding merit in the demurrer, the trial court, noting the non-appearance of Atty. Cardeño, assumed that even he, the plaintiff's counsel, appeared convinced that there was merit, validity and reasonableness in the demurrer filed;