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Monday, November 28, 2011
1.
2.
Factum Probandum
Ultimate Facts
Hypothetical
a.
b.
Factum Probans
Material evidencing the proposition
Existent.
*If the defendant admits his negligence in his answer to the complaint, there is no more need to prove
negligence. Hence, negligence ceases to be a factum probandum in this case.
*if the factum probandum signifies the fact or proposition to be established, then matters of 1) judicial
notice, 2)conclusive presumptions, 3)judicial admissions cannot qualify as parts of the factum probandum
of a particular case, because such matters need not be established or proven.
*Factum probandum in civil case refers to the elements of a cause of action from the point of view of the
plaintiff and the elements of the defense from the point of view of the defendant.
*In criminal cases factum probandum includes all matters that the prosecution must prove beyond
reasonable doubt in order to justify a conviction.
3.
4.
a.
1.
2.
3.
4.
a.
b.
c.
d.
5.
Testimonial Evidence Adverse party Read Sec. 6. Loss, Destroyed, Unavailable Originals (Sec 5)
*Showing that the original document is in the custody or under the control of the adverse party does not
ipso facto authorize the introduction of secondary evidence to prove its contents. The party who seeks to
present secondary evidence must lay a basis for its introduction.
Laying the basis:
1)
2)
3)
8.
*The former rule embodied in Supreme Court decisions, which declared that a dying declaration is offered
in a criminal case for homicide, murder, or parricide wherein the declarant is the victim, no longer holds
true. As amended
Parts of the Res Gestae
Literally means things done. Res Gestae is the startling event of which the spontaneous
statement is only a part of.
The use of res Gestae in the Philippines is limited to two matters:
1) Spontaneous statements
a. That there is a startling occurrence taking place;
b. That statements were made while the event is taking place or immediately prior to or subsequent thereto;
c. The statements were made before the declarant had the time to contrive or devise a falsehood
d. That the statement relates to the circumstances of the startling even or occurrence, or that the statements
must concern the occurrence in question and its immediate attending circumstance.
2) Verbal acts Statement accompanying an equivocal act material to the issue, and giving it a legal
significance a conduct that is equivocal or ambiguous, one which in itself does not signify anything
when taken separately (legal significance) To be admissible, the following requisites must be present:
a. The principal act to be characterized must be equivocal (clear need not be explained);
b. The equivocal act must be material to the issue;
c. The statement must accompany the equivocal act;
d. The statement gives a legal significance to the equivocal act
9.
Exceptions to the hearsay rule, are all hearsay, but are admissible Sec. 36 of Rule 130 ex.
Which of the following is hearsay?
Hearsay
vs.
Hearsay evidence is one that is not based on ones
personal knowledge of others to prove the truth of
the matter asserted in an out-or-court
Opinion
An opinion evidence is based on the
personal knowledge or personal
conclusion of the witness based on his
skill, training, or experience.
Independent relevant statement: The newspaper clipping is admissible as non-hearsay if offered for the
purpose of showing that the statement of X was made to a reporter regardless of the truth or falsityof the
statement. If it is relevant, it is admissible as an independent relevant statement (non hearsay) It would be
hearsay if offered to prove the truth that x was the robber.
Exception to the Hearsay Rule:
1. Dying Declarations
2. Declaration against interest
3.
4.
5.
6.
7.
8.
9.
10.
11.
a)
b)
c)
d)
e)
f)
Waiver
The rules of evidence may be waived. The rules are established for the protection of the parties. Except if
the rule waived by the parties has been established by law on grounds of public policy.
Matters need NOT be proved (ISA-JP)
Immaterial allegations
Facts admitted or not denied provided they have been sufficiently alleged (Rule 8)
Agreed and Admitted facts
Facts subject to Judicial Notice
Facts legally Presumed
1)
2)
3)
4)
5)
Section 4. JUDICIAL ADMISSION is and admission, verbal or written, made by a party in the course of
the proceedings.
Elements
1) The same must be made by a party to the case
2) The admission must be made in the course of the proceedings in the same case, and
3) There is no particular form for an admission, it may either be written or verbal.
Judicial Admissions may be made in
1) Pleadings filed by the parties,
2) In the course of trial either verbal or written manifestations or stipulations
3) In other stages of judicial proceedings as in the pre trial of the case
4) Admissions obtained through depositions, written interrogatories or requests for admissions.
1. It was made through palpable mistake or 2. That no such admission was made.
Remedy of a party who gave a judicial admission:
In case of written judicial admission motion to withdraw the pleadings, motion, or other written
instrument containing such admission.
Judicial admissions are always conclusive upon the admitter and do not require formal offer as evidence,
unlike in the case of extra-judicial admissions.
Rule on dismissed pleadings
Admissions made in pleadings that have been dismissed are merely extrajudicial admission.
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