This case has been cited 4 times or more.
2015-04-22 |
PERALTA, J. |
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In certain instances, however, this Court has relaxed the procedural rule and allowed the trial court to consider evidence not formally offered on the condition that the following requisites are present: (1) the evidence must have been duly identified by testimony duly recorded; and (2) the same must have been incorporated in the records of the case.[22] | |||||
2014-10-01 |
BRION, J. |
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The cases of People v. Napat-a,[21] People v. Mate,[22] and The Heirs of Romana Saves, et al. v. The Heirs of Escolastico Saves, et al.,[23] to cite a few, enumerated the requirements so that evidence, not previously offered, can be admitted, namely: first, the evidence must have been duly identified by testimony duly recorded and, second, the evidence must have been incorporated in the records of the case. | |||||
2014-01-15 |
REYES, J. |
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However, there are instances when the Court relaxed the foregoing rule and allowed evidence not formally offered to be admitted. Citing People v. Napat-a[31] and People. v. Mate,[32] the Court in Heirs of Romana Saves, et al., v. Heirs of Escolastico Saves, et al.,[33] enumerated the requirements for the evidence to be considered despite failure to formally offer it, namely: "first, the same must have been duly identified by testimony duly recorded and, second, the same must have been incorporated in the records of the case."[34] In People v. Vivencio De Roxas et al.,[35] the Court also considered exhibits which were not formally offered by the prosecution but were repeatedly referred to in the course of the trial by the counsel of the accused.[36] | |||||
2012-11-26 |
BRION, J. |
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"A purchaser in good faith is one who buys property without notice that some other person has a right to or interest in such property and pays its fair price before he has notice of the adverse claims and interest of another person in the same property."[26] However, where the land sold is in the possession of a person other than the vendor, the purchaser must be wary and must investigate the rights of the actual possessor; without such inquiry, the buyer cannot be said to be in good faith and cannot have any right over the property.[27] |