Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
012
Layno, Ian
Rabajante, Diory
Morana, Hansel
Reyes, Harly
Suyat, Kat
Baraoidan, Kimberly
[JARA
POWER
NOTES ON
EVIDENCE]
This is merely a compilation of questions
asked by Dean Jara for Evidence in his
2011-2012 class. The writers guarantee the
integrity of all the questions and the
materials used in the making of this
recitation reviewer. However, there is no
guarantee that these will be the same set
of questions he will ask on the subsequent
semesters/years. Read this together with
Riano, Regalado, Moran, Memaid, and Jara
Notes.
YES.
Illustration?
2.
3.
1.
2.
3.
As to Probative Value:
4.
As to Quality:
1.
2.
3.
4.
5.
Relevant
Material
Admissible
Credible
Competent
2.
3.
5.
6.
7.
8.
9.
2.
1.
2.
3.
4.
Real
Physical
Demonstrative
Autoptic preference.
3.
4.
5.
2.
3.
5.
6.
7.
3.
4.
To prevent fraud;
To exclude uncertainties in the contents of a
document
3.
4.
Availability
of the
Original
Document
Parol Evidence
Rule
Best Evidence
Rule
Presupposes that
the original
document is
available in court.
Contemplates the
situation wherein
the original writing
is not available
and/or there is a
dispute as to
whether said
writing is the
original.
What the
rule
prohibits
What kind
of
documents
does the
rule apply?
Who may
invoke?
Prohibits the
varying of terms
of a written
agreement.
Prohibits the
introduction of
substitutionary
evidence in lieu of
the original
d o c u m e n t
regardless of
whether or not it
varies the contents
of the original.
Can be invoked by
any party to an
action regardless
of whether or not
such party has
participated in the
writing involved.
2.
3.
5.
6.
7.
Credibility of a witness
Exception
1.
2.
As
to
communication
received in
confidence by one
from the other
during their
marriage
Ordinary Witness
1.
2.
fact
the
the
the
1.
2.
3.
4.
5.
6.
7.
xxx
xxx
Admission by Silence
An act or declaration
made in the presence
and within the hearing
or observation of a
party who does or says
nothing when the act or
declaration is such as
naturally to call for
action or comment if
not true, and when
proper and possible for
him to do so.
4.
1.
2.
3.
What is the remedy of the convict if the postconviction DNA testing result is favorable to him?
The convict or the prosecution may file a petition for a writ
of habeas corpus in the court of origin. In case the court,
after due hearing, finds the petition to be meritorious, it
shall reverse or modify the judgment of conviction and
order the release of the convict, unless continued
detention is justified for a lawful cause.
What should the courts consider in determining the
probative value of DNA evidence?
1.
2.
3.
4.
dying declaration
declaration against interest
act or declaration about pedigree
family reputation or tradition regarding pedigree
common reputation
res gestae
entries in the ordinary course of business
entries in official records
commercial lists
learned treatises
testimony or deposition at a former proceeding
Sec. 28 of the Rules on Examination of a Child
Witness
13. Rule 8 of the Rules on Electronic Evidence
Can a documentary evidence be hearsay?
YES. The one who knows the contents of the document
must testify in court and must have personal knowledge
of the facts stated therein.
When a document is presented in court, there is a
presumption that someone has prepared the said
document. In order to properly submit the same, the
person who prepared it or who had a part in the execution
of the said document must testify as to the contents of the
same. If it the said document was merely presented to the
court without giving the adverse party any opportunity to
cross examine the person who prepared or who was part
of the preparation of the said document, then the same
document constitutes hearsay evidence.
Is hearsay evidence relevant? Why should we
exclude such relevant evidence?
Hearsay evidence is relevant because it may have a
reasonable tendency to prove the facts in issue. However,
it is not competent; it is expressly excluded by the Rules.
1.
2.
NO. That is not a good defense. It will not even have any
effect at all. The rule on dying declarations does not
require that the declarant be one of proven honesty. For
as long as the essential elements of a dying declaration is
present, the same may be admitted in evidence.
Requisites?
1.
2.
3.
4.
Sec. 40
A c t o r d e c l a r a t i o n Family reputation or
about pedigree.
tradition regarding
pedigree.
Declarant is deceased D e c l a r a n t i s t h e
or unable to testify.
witness himself.
Witness need not be a Witness is a member of
member of the family.
the family.
Relation of the
declarant and the
person subject of the
inquiry must be
established by
independent evidence
Give an example.
Just give an example regarding your family, para mas
medaling idefend. He grills a lot of students in examples.
When were you born? Is that hearsay? So if it is
hearsay, when you state that in court, the court will
not believe you?
the fact that you know your date of birth does not come
from your own personal knowledge because at the time
you were born you were completely ignorant or innocent.
In fact, your information of your birth is derived from
another source. Nevertheless, the information regarding
your birth is admissible for the convenience of everybody.
It is a matter of necessity.
The birth certificate is also hearsay evidence, but
because it is a public document. Documents consisting of
entries in public records made in the performance of a
duty by a public officer are prima facie evidence of the
facts therein stated. All other public documents are
evidence, even against a third person, of the fact which
gave rise to their execution and of the date of the latter.
Spontaneous
Statements
Statements may be
made prior, or
immediately after the
startling occurrence.
2.
5.
Evidence of reputation;
By witnesses who know him personally; and
In some instances by evidence of particular acts
of said person from which his character may be
inferred.
YES.
Burden of Evidence
Generally determined by
the pleadings filed by the
party; and whoever
asserts the affirmative of
the issue has the burden
of proof
Generally determined by
the developments at the
trial, or by the provisions
of the substantive law or
procedural rules which
may relieve the party from
presenting evidence on
the fact alleged
not for that alone can the law intervene and restore.
There must be, in addition, a violation of law, the
commission of what the law knows as an actionable
wrong, before the courts are authorized to lay hold of the
situation and remedy it.
2.
Right of
2.
OFFER OF EVIDENCE
How do you offer an evidence?
1.
2.
Procedural steps?
For testimonial evidence, just follow the codal procedure.
For documentary or object evidence:
1.
2.
3.
4.
5.
6.
US vs. Baluyot?
At the general election which was held on June 6, 1916,
Conrado Lerma was elected governor of the Province of
Bataan. One of his competitors upon this occasion was
the accused, Jose I. Baluyot, who came out third in the
race. As a result of this contest a feeling of personal
rancor was developed in the mind of Baluyot against his
successful competitor, and during the two years which
followed the accused became fully imbued with the idea
that Governor Lerma was persecuting him. Because of
this, Baluyot killed Gov. Lerma.
During the trial of the case, it appears that after the
witnesses had been examined in court for the
prosecution, they were turned over to the attorney for the
No.