This case has been cited 4 times or more.
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2015-08-26 |
MENDOZA, J. |
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| A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence and is filed after the plaintiff rests his case. It is an objection by one of the parties in an action to the effect that the evidence, which his adversary produced, is insufficient in point of law, whether true or not, to make out a case or sustain the issue.[28] In the case at bench, the petitioners' evidence, together with such inferences and conclusions as may be reasonably drawn therefrom, amply supports the allegations in their complaint necessary to their claim against Spouses Saraza. The evidence in chief of the petitioner clearly made out a very strong case against them which would warrant recovery from them. | |||||
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2009-12-18 |
DEL CASTILLO, J. |
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| In civil cases, the party having the burden of proof must establish his case by preponderance of evidence,[18] which means evidence which is of greater weight, or more convincing than that which is offered in opposition to it.[19] Here, MOF failed to meet the required quantum of proof. Other than presenting the bill of lading, which, at most, proves that the carrier acknowledged receipt of the subject cargo from the shipper and that the consignee named is to shoulder the freightage, MOF has not adduced any other credible evidence to strengthen its cause of action. It did not even present any witness in support of its allegation that it was Shin Yang which furnished all the details indicated in the bill of lading and that Shin Yang consented to shoulder the shipment costs. There is also nothing in the records which would indicate that Shin Yang was an agent of Halla Trading Co. or that it exercised any act that would bind it as a named consignee. Thus, the CA correctly dismissed the suit for failure of petitioner to establish its cause against respondent. | |||||
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2009-11-24 |
DEL CASTILLO, J. |
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| A plain reading of the provision indicates that there is no specific enumeration of the documents that must be appended to the petition, other than a certified true copy of the assailed judgment, order, or resolution. In Condes v. Court of Appeals,[25] we held that the acceptance or rejection by the Court of Appeals of a petition for certiorari rests in its sound discretion. Thus: x x x The initial determination of what pleadings, documents or orders are relevant and pertinent to the petition rests on the petitioner. Thereafter, the CA will review the petition and determine whether additional pleadings, documents or orders should have been attached thereto. | |||||
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2009-09-18 |
CHICO-NAZARIO, J. |
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| Demurrer to evidence authorizes a judgment on the merits of the case without the defendant having to submit evidence on his part, as he would ordinarily have to do, if plaintiff's evidence shows that he is not entitled to the relief sought. Demurrer, therefore, is an aid or instrument for the expeditious termination of an action, similar to a motion to dismiss, which the court or tribunal may either grant or deny.[28] | |||||