This case has been cited 2 times or more.
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2012-04-24 |
SERENO, J. |
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| To establish a new domicile of choice, personal presence in the place must be coupled with conduct indicative of the intention to make it one's fixed and permanent place of abode.[53] As in all administrative cases, the quantum of proof necessary in election cases is substantial evidence, or such relevant evidence as a reasonable mind will accept as adequate to support a conclusion.[54] | |||||
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2000-12-15 |
BELLOSILLO, J. |
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| It is apparent that JADEBANK, as well as respondent appellate court, confused situations where the complaint does not allege a sufficient cause of action and where the evidence does not sustain the cause of action alleged. The first is raised in a motion to dismiss under Rule 16 before a responsive pleading is filed and can be determined only from the allegations in the initiatory pleading and not from evidentiary or other matters aliunde. The second is raised in a demurrer to evidence under Rule 33 after the plaintiff has rested his case and can be resolved only on the basis of the evidence he has presented in support of his claim.[18] The first does not concern itself with the truth and falsity of the allegations while the second arises precisely because the judge has determined the truth and falsity of the allegations and has found the evidence wanting. | |||||