This case has been cited 1 times or more.
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2007-02-20 |
QUISUMBING, J. |
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| Although the defense counsel had cross-examined Pedrosa and had participated in the proceedings after the case was reopened by Judge Maceda, the same does not amount to a waiver of Cabarles's objection to the April 1, 2003 Order. To be effective, a waiver must be certain and unequivocal.[31] Here, Cabarles filed the present petition seeking for a writ of certiorari against Judge Maceda before Pedrosa was cross-examined. Also, when asked to comment on the prosecution's formal offer of evidence taken after the case was reopened, Cabarles objected to its admission on the ground that the same was inadmissible having been received by the court after Judge Maceda issued the questioned order. | |||||