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105 Yu v. Magpayo
105 Yu v. Magpayo
164
„ATTY. LOZANO:
If your Honor please, before I present my witness I
should like to present the issue because all the allegations
of the complaint are admitted and I am going to specify
by the answer, your Honor. (Italics supplied)
COURT:
The issue is void on the hidden defect.
ATTY. LOZANO:
That is why, if your Honor please, the point if your
Honor please, is I do not have to prove that there is a
gasoline engine that was taken by the defendant from
the
165
ATTY. LOZANO:
I am not going to present my evidence yet because at
this moment I am submitting my evidence on the
pleading until after the defendant will present evidence
and I res erve my right to present rebuttal evidence.
(Italics supplied)
COURT:
Make it of record that the attorney refuses to present
evidence either oral or documentary when required by
the Court.
ATTY. LOZANO:
Motion for reconsideration, if your Honor please, that is
not what I said, if your Honor please, I manifested that
it should be the defendant to prove first, to present
evidence and we reserve our right to present rebuttal
evidence, if your Honor please. (Italics supplied).
COURT:
All right, denied.
Submit the case for the consideration of the Court.Ê ‰
„ORDER
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