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Submission of evidences of aggrieved party

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1 Submission of evidences of aggrieved party on Thu Jun 23, 2011 4:38 pm

jsaldea12


Arresto Menor
I am plaintiff but our legal counsel adamantly refuse to submit evidences at preliminary hearings, thus the Judge dismissed the case, time after time, which damaged our case. Can I, personally, plaintiff, as aggrieved party, made aggrieved by the dismissals by the Judge, intervene rightfully, as protected by the Civil Code of the Philippine and Rules of Court, and submit in my capacity such relevant evidences to the Court? Caa the Judge refuse to admit the evidences because the legal counsel did not submit, will not submit, What if the Judge still ignore to accept the submitted very relevant evidences and keep on dismissing. What is the next best thing to do?

Thank you.

Jose S. Aldea
6.23.11

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2 aggrieved party - continuation on Thu Jun 23, 2011 6:06 pm

jsaldea12


Arresto Menor
Continuation: the legal counsel refuse to submit relevant evidences during preliminary hearings, contending that such evidences should be appropriately presented during proper court hearings. But the Judge keep on dismissing.

Reiterating, can the Judge ignore the submitted relevant evidences by aggrieved party? What is the penalty?

Thank you.


Jose S. Aldea
6.23.11

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supremo


Arresto Menor
You are generally bound by the acts of your legal counsel. In front of the judge, your counsel acts for you.

If you have problems with your counsel you can deal with that in another way but if you do not agree with what he is doing then you should seek another one.

The judge is presuming that your counsel is acting for your best interests and it would be very difficult to fault him for that.

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jsaldea12


Arresto Menor
But supposing I have terminated the services of my legal counsel,in the meantime that I have no legal counsel, can I invoke the Civil Code of the Philippines,(rights of the aggrieved party to be heard by himself... because I am now aggrieved by the dismissals) and the Rules of Court 134, Sec 34 (which states In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the Bar)and Rule of Court 128m, Sec. 3 Admissibility of evidence. Evidence is admissible when it is RELEVANT to the issue

Please respond. Always thank you.

jsaldea12

6.26.11

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5 Re: Submission of evidences of aggrieved party on Mon Jun 27, 2011 12:45 am

supremo


Arresto Menor
If you are aggrieved by the acts of your counsel you may file an administrative case against him to the Office of the Bar Confidant (OBC) of the Supreme Court in Manila or in the Regional Office of the Integrated Bar of the Philippines (IBP).

Your invocation of the Civil Code and the Rules of Court may be misplaced here.

Although it is possible in the lower courts to litigate cases by yourself as well as under the Small Claims Court proceedings... it is highly irregular that you will be allowed to litigate your case further.

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6 Re: Submission of evidences of aggrieved party on Mon Jun 27, 2011 11:20 am

jsaldea12


Arresto Menor
Further, can a third party, not connected to the case whatsoever, submit affidavit of very vital evidence to the CFI?

Always, thank you.

jsaldea12
6.27.11

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7 Re: Submission of evidences of aggrieved party on Mon Jun 27, 2011 12:51 pm

jsaldea12


Arresto Menor
Continuity: Because if a third party, not connected to the case,can be permitted to submit, on his own capacity, very vital evidence to the higher court, then, it would be also justifiable for a party to the case, itself, to submit very, very vital evidences to the case which would prevent the Judge of higher court from unjust,unceremonious dismissing the case.
Especially, if the Judge was the Judge who made decision on a prior Case and is now NOT INHIBITING,thus dismissing this present case.

Akway thank you.

jsaldea12
6.27.11

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