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  • TITLE 25 The Contentious Trial
    • 1291
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Canon 1291

1. For the pronouncement of any kind of sentence, there must be

in the mind of the judge moral certitude regarding the matter to

be settled by the sentence. 2. The judge must derive this certitude from the acts and the proofs. 3. However, the judge

must evaluate the proofs conscientiously with due regard for the

prescriptions of the law concerning the efficacy of certain

proofs. 4. A judge who cannot arrive at this certitude, is to

pronounce that the right of the petitioner is not established,

and is to dismiss the respondent as absolved, unless there is

question of a case which enjoys the favor of the law, in which

case the decision must be in favor of it.




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