On November 17, 1998, even before the defense could present their first witness, the Court wanted already to end the hearing and consider it submitted for decision.
"I understand you will only present alibi witnesses, anyway. And, you know that alibi is the weakest defense. So, it would not prevail against the positive identification made by the prosecution witnesses. So, maybe that would be the best solution for all concerned for the Court to consider these cases as now been submitted for decision and that you are deemed to have waived presentation of your evidence", the Judge declared in open court.
The judge continued to bully the defense lawyers further by insisting that they present their evidences, ready or not, that particular day. "That is why I am giving you the option, you present your evidence now, start presentation of your evidence now and it must
and it must be continuous until terminated or you are not ready to present your evidence now or I will consider the defense to have waived presentation of its evidence and I will consider these cases as submitted for decision already. Promulgation of judgment next week and you can appeal already to the higher court. Alright," he added.
In that hearing, one of the defense lawyers, Atty. Andales requested more time to talk to their witnesses and to collate whatever documentary evidence there might be to present proper presentation of evidence for the defense.
He requested, "And we would suggest that we should be given at least one (1) week or two (2) weeks from the filing of the Motion for Reconsiderations that the hearing be set for evidence for the defense".
There were various Motions pending in the Court from the defense lawyers and they were expecting that it would be discussed and decided first before they could execute their plans for the defense-- before they could even present their first witness.
For more on this hearing click here.
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