Saturday, October 29, 2011

JUSTICE ROBERTO ABAD: EFFECT OF STRIKING THE TESTIMONY OF A LONE WITNESS

when the plaintiff’s lone witness died due to illness before the adverse witness could cross-examine him, the striking out of the former’s testimony altogether wiped out the required authentication for those exhibits: Since the Estate presented its documentary exhibits and had the same authenticated through Myron’s testimony, it stands to reason that the striking out of the latter’s testimony altogether wiped out the required authentication for those exhibits. They become inadmissible unless the RTC, in its discretion, reopens the trial upon a valid ground and permits the Estate to rectify its mistakes” (SPOUSES DELA CRUZ vs. PAPA IV, G.R. No. 185899, December 8, 2010, ABAD, J.). 

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