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DIWATA RAMOS LANDINGIN v. REPUBLIC

This case has been cited 2 times or more.

2009-01-19
LEONARDO-DE CASTRO, J.
The trial court's reliance on Exhibits "K-2" to "K-7" is thus, misplaced. It has no evidentiary value in this case because it was not offered in evidence before the trial court. The rule is that the court shall not consider any evidence which has not been formally offered. The purpose for which the evidence is offered must be specified. The offer of evidence is necessary because it is the duty of the court to rest its findings of fact and its judgment only and strictly upon the evidence offered by the parties. Unless and until admitted by the court in evidence for the purpose or purposes for which such document is offered, the same is merely a scrap of paper barren of probative weight. Mere identification of documents and the markings thereof as exhibits do not confer any evidentiary weight on documents unless formally offered.[12]
2008-12-24
CHICO-NAZARIO, J.
Respondents aver that the said Secretary's Certificate cannot properly authorize Atty. Barranda to sign the Verification/Certification on behalf of petitioner because the notary public Rachel A. Blake failed to state that: (1)  petitioner's Corporate Secretary, Mr. Wensinger, was known to her; (2)  he was the same person who acknowledged the instrument; and (3) he acknowledged the same to be his free act and deed, as required under Section 2 of Act No. 2103 and Landingin v. Republic of the Philippines.[31]