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DEAD MAN’S STATUTE

NON-APPLICABILITY/WAIVER
The lot it not part of the estate of Manuel Guerrero. Hence, the
inapplicability of the dead man’s rule.
Such protection, however, was effectively waived when counsel for
petitioners cross-examined private respondent Vicente. A waiver occurs
when plaintiff’s deposition is taken by the representative of the estate or
when counsel for the representative cross-examined the plaintiff as to
matters occurring during deceased’s lifetime.

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