This case has been cited 2 times or more.
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2009-12-23 |
CARPIO MORALES, J. |
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| Petitioner's argument that the Comelec cannot direct the issuance of a writ of execution since no special order was issued by the trial court is specious. It begs the question and trivializes the remedy of certiorari available before the Comelec, rendering the latter inutile in annulling or modifying the proceedings to "keep an inferior court within its jurisdiction and to relieve persons from arbitrary acts, meaning acts which courts or judges have no power or authority in law to perform."[10] | |||||
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2005-06-09 |
YNARES-SANTIAGO, J. |
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| A demurrer to evidence is defined as "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".[16] The party demurring challenges the sufficiency of the whole evidence to sustain a verdict.[17] In passing upon the sufficiency of the evidence raised in a demurrer, the court is merely required to ascertain whether there is competent or sufficient proof to sustain the indictment or to support a verdict of guilt.[18] | |||||