leave.

#Footnotes

1 Sec. 34. Offer of evidence. — The court shall consider no evidence which
has not been formally offered. The purpose for which the evidence is offered
must be specified.

Sec. 35. When to make offer. — As regards the testimony of a witness, the
offer must be made at the time the witness is called to testify . . . .

2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.

3 Sec. 15. Demurrer to evidence. — After the prosecution has rested its case,
the court may dismiss the case on the ground of insufficiency of evidence: (1)
on its own initiative after giving the prosecution an opportunity to be heard; or
(2) on motion of the accused filed with prior leave of court.

If the court denies the motion for dismissal, the accused may adduce
evidence in his defense. When the accused files such motion to dismiss
without express leave of court, he waives the right to present evidence and
submits the case for judgment on the basis of the evidence for the
prosecution.

4 Justice Pedro A. Ramirez, ponente, concurred in by Justices Cezar D.

Francisco and Angelina S. Gutierrez.

5 Sec. 36. Objection. — Objection to evidence offered orally must be made

immediately after the offer is made. Objection to a question propounded in
the course of the oral examination of a witness shall be made as soon as the
grounds therefor shall become reasonably apparent.

An offer of evidence in writing shall be objected to within three (3) days after
notice of the offer unless a different period is allowed by the court.

In any case, the grounds for the objections must be specified.

6 Rollo, pp. 14-15, 126.

7 Martin, Rules of Court in the Philippines, Vol. 5, Fifth Edition, p. 603, citing
53 Am. Jur. 88.

8 Id., p. 610.

9 Rollo, p. 25.
 10 Minutes of the Revision of Rules Committee, 8 October 1986, p. 5, cited in
Comment on the Petition, Rollo, p. 97.

11 Rollo, pp. 97-98.

12 Co v. Court of Appeals, G.R. No. 52200, 21 August 1980, 99 SCRA 321,

325, citing People v. Jose, No. L-28397, 17 June 1976, 71 SCRA 273, 281.

The Lawphil Project - Arellano Law Foundation leave.

#Footnotes

1 Sec. 34. Offer of evidence. — The court shall

consider no evidence which has not been formally
offered. The purpose for which the evidence is
offered must be specified.
Sec. 35. When to make offer. — As regards the
testimony of a witness, the offer must be made at
the time the witness is called to testify . . . .
2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.
3 Sec. 15. Demurrer to evidence. — After the
prosecution has rested its case, the court may
dismiss the case on the ground of insufficiency of
evidence: (1) on its own initiative after giving the
prosecution an opportunity to be heard; or (2) on
motion of the accused filed with prior leave of
court.
If the court denies the motion for dismissal, the
accused may adduce evidence in his defense.
When the accused files such motion to dismiss
without express leave of court, he waives the right
to present evidence and submits the case for
judgment on the basis of the evidence for the
prosecution.
4 Justice Pedro A. Ramirez, ponente, concurred in
by Justices Cezar D. Francisco and Angelina S.
Gutierrez.
5 Sec. 36. Objection. — Objection to evidence
offered orally must be made immediately after the
offer is made. Objection to a question propounded
in the course of the oral examination of a witness
shall be made as soon as the grounds therefor
shall become reasonably apparent.
An offer of evidence in writing shall be objected to
within three (3) days after notice of the offer unless
a different period is allowed by the court.
In any case, the grounds for the objections must
be specified.
6 Rollo, pp. 14-15, 126.
7 Martin, Rules of Court in the Philippines, Vol. 5,
Fifth Edition, p. 603, citing 53 Am. Jur. 88.
8 Id., p. 610.
9 Rollo, p. 25.
 10 Minutes of the Revision of Rules Committee, 8
October 1986, p. 5, cited in Comment on the
Petition, Rollo, p. 97.
11 Rollo, pp. 97-98.
12 Co v. Court of Appeals, G.R. No. 52200, 21
August 1980, 99 SCRA 321, 325, citing People v.
Jose, No. L-28397, 17 June 1976, 71 SCRA 273,
281.

The Lawphil Project - Arellano Law Foundation leave.

#Footnotes

1 Sec. 34. Offer of evidence. — The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be
specified.

Sec. 35. When to make offer. — As regards the testimony of a witness, the offer
must be made at the time the witness is called to testify . . . .

2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.

3 Sec. 15. Demurrer to evidence. — After the prosecution has rested its case, the
court may dismiss the case on the ground of insufficiency of evidence: (1) on its own
initiative after giving the prosecution an opportunity to be heard; or (2) on motion of
the accused filed with prior leave of court.

If the court denies the motion for dismissal, the accused may adduce evidence in his
defense. When the accused files such motion to dismiss without express leave of
court, he waives the right to present evidence and submits the case for judgment on
the basis of the evidence for the prosecution.

4 Justice Pedro A. Ramirez, ponente, concurred in by Justices Cezar D. Francisco

and Angelina S. Gutierrez.

5 Sec. 36. Objection. — Objection to evidence offered orally must be made

immediately after the offer is made. Objection to a question propounded in the
course of the oral examination of a witness shall be made as soon as the grounds
therefor shall become reasonably apparent.
 An offer of evidence in writing shall be objected to within three (3) days after notice of
the offer unless a different period is allowed by the court.

In any case, the grounds for the objections must be specified.

6 Rollo, pp. 14-15, 126.

7 Martin, Rules of Court in the Philippines, Vol. 5, Fifth Edition, p. 603, citing 53 Am.
Jur. 88.

8 Id., p. 610.

9 Rollo, p. 25.

10 Minutes of the Revision of Rules Committee, 8 October 1986, p. 5, cited in

Comment on the Petition, Rollo, p. 97.

11 Rollo, pp. 97-98.

12 Co v. Court of Appeals, G.R. No. 52200, 21 August 1980, 99 SCRA 321, 325,
citing People v. Jose, No. L-28397, 17 June 1976, 71 SCRA 273, 281.

The Lawphil Project - Arellano Law Foundation leave.

#Footnotes

1 Sec. 34. Offer of evidence. — The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be
specified.

Sec. 35. When to make offer. — As regards the testimony of a witness, the offer
must be made at the time the witness is called to testify . . . .

2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.

3 Sec. 15. Demurrer to evidence. — After the prosecution has rested its case, the
court may dismiss the case on the ground of insufficiency of evidence: (1) on its own
initiative after giving the prosecution an opportunity to be heard; or (2) on motion of
the accused filed with prior leave of court.

If the court denies the motion for dismissal, the accused may adduce evidence in his
defense. When the accused files such motion to dismiss without express leave of
court, he waives the right to present evidence and submits the case for judgment on
the basis of the evidence for the prosecution.

4 Justice Pedro A. Ramirez, ponente, concurred in by Justices Cezar D. Francisco

and Angelina S. Gutierrez.
 5 Sec. 36. Objection. — Objection to evidence offered orally must be made
immediately after the offer is made. Objection to a question propounded in the
course of the oral examination of a witness shall be made as soon as the grounds
therefor shall become reasonably apparent.

An offer of evidence in writing shall be objected to within three (3) days after notice of
the offer unless a different period is allowed by the court.

In any case, the grounds for the objections must be specified.

6 Rollo, pp. 14-15, 126.

7 Martin, Rules of Court in the Philippines, Vol. 5, Fifth Edition, p. 603, citing 53 Am.
Jur. 88.

8 Id., p. 610.

9 Rollo, p. 25.

10 Minutes of the Revision of Rules Committee, 8 October 1986, p. 5, cited in

Comment on the Petition, Rollo, p. 97.

11 Rollo, pp. 97-98.

12 Co v. Court of Appeals, G.R. No. 52200, 21 August 1980, 99 SCRA 321, 325,
citing People v. Jose, No. L-28397, 17 June 1976, 71 SCRA 273, 281.

The Lawphil Project - Arellano Law Foundation leave.

#Footnotes

1 Sec. 34. Offer of evidence. — The court shall

consider no evidence which has not been formally
offered. The purpose for which the evidence is
offered must be specified.
Sec. 35. When to make offer. — As regards the
testimony of a witness, the offer must be made at
the time the witness is called to testify . . . .
2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.
3 Sec. 15. Demurrer to evidence. — After the
prosecution has rested its case, the court may
dismiss the case on the ground of insufficiency of
evidence: (1) on its own initiative after giving the
prosecution an opportunity to be heard; or (2) on
motion of the accused filed with prior leave of
court.
If the court denies the motion for dismissal, the
accused may adduce evidence in his defense.
When the accused files such motion to dismiss
without express leave of court, he waives the right
to present evidence and submits the case for
judgment on the basis of the evidence for the
prosecution.
4 Justice Pedro A. Ramirez, ponente, concurred in
by Justices Cezar D. Francisco and Angelina S.
Gutierrez.
5 Sec. 36. Objection. — Objection to evidence
offered orally must be made immediately after the
offer is made. Objection to a question propounded
in the course of the oral examination of a witness
shall be made as soon as the grounds therefor
shall become reasonably apparent.
An offer of evidence in writing shall be objected to
within three (3) days after notice of the offer unless
a different period is allowed by the court.
 In any case, the grounds for the objections must
be specified.
6 Rollo, pp. 14-15, 126.
7 Martin, Rules of Court in the Philippines, Vol. 5,
Fifth Edition, p. 603, citing 53 Am. Jur. 88.
8 Id., p. 610.
9 Rollo, p. 25.
10 Minutes of the Revision of Rules Committee, 8
October 1986, p. 5, cited in Comment on the
Petition, Rollo, p. 97.
11 Rollo, pp. 97-98.
12 Co v. Court of Appeals, G.R. No. 52200, 21
August 1980, 99 SCRA 321, 325, citing People v.
Jose, No. L-28397, 17 June 1976, 71 SCRA 273,
281.

The Lawphil Project - Arellano Law Foundation leave.

#Footnotes

1 Sec. 34. Offer of evidence. — The court shall

consider no evidence which has not been formally
offered. The purpose for which the evidence is
offered must be specified.
Sec. 35. When to make offer. — As regards the
testimony of a witness, the offer must be made at
the time the witness is called to testify . . . .
2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.
3 Sec. 15. Demurrer to evidence. — After the
prosecution has rested its case, the court may
dismiss the case on the ground of insufficiency of
evidence: (1) on its own initiative after giving the
prosecution an opportunity to be heard; or (2) on
motion of the accused filed with prior leave of
court.
If the court denies the motion for dismissal, the
accused may adduce evidence in his defense.
When the accused files such motion to dismiss
without express leave of court, he waives the right
to present evidence and submits the case for
judgment on the basis of the evidence for the
prosecution.
4 Justice Pedro A. Ramirez, ponente, concurred in
by Justices Cezar D. Francisco and Angelina S.
Gutierrez.
5 Sec. 36. Objection. — Objection to evidence
offered orally must be made immediately after the
offer is made. Objection to a question propounded
in the course of the oral examination of a witness
shall be made as soon as the grounds therefor
shall become reasonably apparent.
 An offer of evidence in writing shall be objected to
within three (3) days after notice of the offer unless
a different period is allowed by the court.
In any case, the grounds for the objections must
be specified.
6 Rollo, pp. 14-15, 126.
7 Martin, Rules of Court in the Philippines, Vol. 5,
Fifth Edition, p. 603, citing 53 Am. Jur. 88.
8 Id., p. 610.
9 Rollo, p. 25.
10 Minutes of the Revision of Rules Committee, 8
October 1986, p. 5, cited in Comment on the
Petition, Rollo, p. 97.
11 Rollo, pp. 97-98.
12 Co v. Court of Appeals, G.R. No. 52200, 21
August 1980, 99 SCRA 321, 325, citing People v.
Jose, No. L-28397, 17 June 1976, 71 SCRA 273,
281.

The Lawphil Project - Arellano Law Foundation leave.

#Footnotes

1 Sec. 34. Offer of evidence. — The court shall

consider no evidence which has not been formally
offered. The purpose for which the evidence is
offered must be specified.
Sec. 35. When to make offer. — As regards the
testimony of a witness, the offer must be made at
the time the witness is called to testify . . . .
2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.
3 Sec. 15. Demurrer to evidence. — After the
prosecution has rested its case, the court may
dismiss the case on the ground of insufficiency of
evidence: (1) on its own initiative after giving the
prosecution an opportunity to be heard; or (2) on
motion of the accused filed with prior leave of
court.
If the court denies the motion for dismissal, the
accused may adduce evidence in his defense.
When the accused files such motion to dismiss
without express leave of court, he waives the right
to present evidence and submits the case for
judgment on the basis of the evidence for the
prosecution.
4 Justice Pedro A. Ramirez, ponente, concurred in
by Justices Cezar D. Francisco and Angelina S.
Gutierrez.
5 Sec. 36. Objection. — Objection to evidence
offered orally must be made immediately after the
offer is made. Objection to a question propounded
in the course of the oral examination of a witness
 shall be made as soon as the grounds therefor
shall become reasonably apparent.
An offer of evidence in writing shall be objected to
within three (3) days after notice of the offer unless
a different period is allowed by the court.
In any case, the grounds for the objections must
be specified.
6 Rollo, pp. 14-15, 126.
7 Martin, Rules of Court in the Philippines, Vol. 5,
Fifth Edition, p. 603, citing 53 Am. Jur. 88.
8 Id., p. 610.
9 Rollo, p. 25.
10 Minutes of the Revision of Rules Committee, 8
October 1986, p. 5, cited in Comment on the
Petition, Rollo, p. 97.
11 Rollo, pp. 97-98.
12 Co v. Court of Appeals, G.R. No. 52200, 21
August 1980, 99 SCRA 321, 325, citing People v.
Jose, No. L-28397, 17 June 1976, 71 SCRA 273,
281.

The Lawphil Project - Arellano Law Foundation leave.

#Footnotes
1 Sec. 34. Offer of evidence. — The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be
specified.

Sec. 35. When to make offer. — As regards the testimony of a witness, the offer
must be made at the time the witness is called to testify . . . .

2 Annexes "C" and "D," Petition, Rollo, pp. 28-31.

3 Sec. 15. Demurrer to evidence. — After the prosecution has rested its case, the
court may dismiss the case on the ground of insufficiency of evidence: (1) on its own
initiative after giving the prosecution an opportunity to be heard; or (2) on motion of
the accused filed with prior leave of court.

If the court denies the motion for dismissal, the accused may adduce evidence in his
defense. When the accused files such motion to dismiss without express leave of
court, he waives the right to present evidence and submits the case for judgment on
the basis of the evidence for the prosecution.

4 Justice Pedro A. Ramirez, ponente, concurred in by Justices Cezar D. Francisco

and Angelina S. Gutierrez.

5 Sec. 36. Objection. — Objection to evidence offered orally must be made

immediately after the offer is made. Objection to a question propounded in the
course of the oral examination of a witness shall be made as soon as the grounds
therefor shall become reasonably apparent.

An offer of evidence in writing shall be objected to within three (3) days after notice of
the offer unless a different period is allowed by the court.

In any case, the grounds for the objections must be specified.

6 Rollo, pp. 14-15, 126.

7 Martin, Rules of Court in the Philippines, Vol. 5, Fifth Edition, p. 603, citing 53 Am.
Jur. 88.

8 Id., p. 610.

9 Rollo, p. 25.

10 Minutes of the Revision of Rules Committee, 8 October 1986, p. 5, cited in

Comment on the Petition, Rollo, p. 97.

11 Rollo, pp. 97-98.

12 Co v. Court of Appeals, G.R. No. 52200, 21 August 1980, 99 SCRA 321, 325,
citing People v. Jose, No. L-28397, 17 June 1976, 71 SCRA 273, 281.
The Lawphil Project - Arellano Law Foundation