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Ignacio Gimenez filed a Motion to Dismiss on Demurrer to Evidence More importantly, the Rules specifically provides that evidence must
dated May 30, 2006.[22] He argued that the Republic showed no right be formally offered to be considered by the court. Evidence not offered
to relief as there was no evidence to support its cause of action.[23] Fe is excluded in the determination of the case.[87] "Failure to make a
Roa Gimenez filed a Motion... to Dismiss dated June 13, 2006 on the formal offer within a considerable period of... time shall be deemed a
ground of failure to prosecute.[24] Through her own Motion to waiver to submit it."
Dismiss, she joined Ignacio Gimenez's demurrer to evidence.[25]
The rule on formal offer of evidence is intertwined with the
Two days after Fe Roa Gimenez's filing of the Motion to Dismiss or on constitutional guarantee of due process. Parties must be given the
June 15, 2006, the Republic filed a Motion for Reconsideration [of the opportunity to review the evidence submitted against them and take
first assailed Resolution] and to Admit Attached Formal Offer of the necessary actions to secure their case.[89] Hence, any... document
Evidence. or object that was marked for identification is not evidence unless it
was "formally offered and the opposing counsel [was] given an
In the second assailed Resolution dated September 13, 2006, the opportunity to object to it or cross-examine the witness called upon to
Sandiganbayan denied the Republic's Motion for Reconsideration and prove or identify it."... this court is of the belief that it is but only just
granted the Gimenez Spouses' Motion to Dismiss. that the Rules be... relaxed and petitioner be allowed to submit its
written Formal Offer of Evidence. The Sandiganbayan's Resolutions
The Republic filed its Petition for Review on Certiorari dated November should be reversed.
3, 2006 before this court.
Principles:evidence Rule 132, Section 34 provides:
Issues:
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.