Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
judicia lprceeding
Factum probandun= ultimate fact
Factum probans= fact by which factum probandun is established
Object evidence-addressed to the senses of the court (sensed by court)
Documentary evidence- consist of writing; something read
Testimonial- oral evidence given by witness
Direct- evidence proves a fact in issue
Indirect evidence= proves a fact in issue by inference
Relevant- tendency in reason to establish the probability or improbability oof a fact in issue
Material- directed to prove a fact in issue
Substantial evidencequantum of evidence required which a reasonable mind might accept
as adequate to justify a conclusion
Preponderance of evidence- greateer weight of the credible evidence. More worthy of belief
Proof beyond reasonable doubt- moral centainty
Clear and convicing- establishes a ifirm belief of the existence of facts in isse
Credible- inspures belief as to its truthfulness
Requisites for dmisinility
1. must be relevant to the issue
2. not otherwise excluded by law
credibility- answers the question as to whether it proves a fact in issue admissibility- whether it
will be considered at all.
former refers to tduty to receive or allow evidence latter refers to the worthiness of belief of the
evidence
\
Rule on the use of deposition as evidence
1. to contradict or impeach testimony
2. deposition of an officer,director,managing agen,at the time of the taking of the deposition,
of a public or privare corp or partnership association may be used by an adverse party for
any purpose
3. when witness is dead, 100km away from place of trial,out of the phil, unable to attend
because of age,sickness,infirmity or imprisonment,unable to procure attendance by
subpoena
How to be relevant- relation to the fact in issue to induce belief of its existence/non existence
1. must have relation the the fact in issue
2. it will induce belief in its existence or non existence
When is collateral(Circumstantial) matter evidence allowed?
When it tends in any reasonable degree to establish the probability or improbability of fact in
issue
Test of relevancy
1. Whether an item of evidence has any value,determined thru logic and experience, of proving
the proposition
1. whether it would reasonably or actually tend to prove or disprove a fact in issue or
corrobotae other relevant evidence.
2. If there is a logical connection between fact offered and fact to be proved
Requisites of Alibi
1.
2.
3.
4.
appellant was a the different place at the time the crime was committed
physical impossible for him to be at the crime scene
must be established by credible person (eg. Not his relatives)
clear and convicng evidence
Section 1. Judicial notice, when mandatory. A court shall take judicial notice, without the introduction of evidence, of the
existence and
territorial extent of states,
their political history,
forms of government and symbols of nationality, the law of nations,
the admiralty and maritime courts of the world and their seals,
the laws of nature, the measure of time, and the geographical divisions. (1a)
Doesnt result in
liability
Broader in scope
May be implied. Can
be made by a party
Confession
-admission of ones
guilt in the same case
Admission of ones
liability
Limited to confession
of a person
Always express. Can
only eb made by
accused
PRIV COMMUNICATION
REQ
1. valid marital relation
2. privilege is invoked with respect to confidential communication between the spouses
during the marriage
3. the spouses aginst whom such evidence is being offered has not given his or hes
consent
EXP
1. civil case by one against the other spouse
2. crim case ciommitted by one against the other spouse or the latters direct ascendants or
decendants
3. communication made prior to marriage
4. communication not confidential
5. communication was overheard by thirs person
6. dying declaration of one spouse to another
2.the atty cant w/o consent of client be examined as to communication made by the cient to him
or his advice given in the course of or with the view to professional employment nor can an atty
SEcrerary, clerk, steno, be examined witout consent of client nd his mploer concerning any fact
the knowledge of which has been acquired in such caoacuty
Atty- license officer of court emppowerted to appear prosecute and defend
REQ
1.atty client relationship
2. privilege is invoked w. repect to conficdential communication between then in the
course of professional employment
3. client didnt give consent to atty or atty didnt give consent to employee
REQ
1.
2.
3.
4.
5.
Scope
1. when doctor attents to the patient for curative preventive or palliative treatment to enable
him to safely an efficaciously treat his patient
2. it is the tenor only that is privileged
REQ
1. there must be a preist and penitent
2. confession
3. done in his professional character in the course of discipline enjoined by te church to which
he belongs
penitential in character- confessons of sins with a view to obtaining ardon. Includes any disclosure
made in the course of religious practice or consulation wich the members of clegy expect to
remain secret
STATE SECRETS
Public officer cant be examined as to communications in official confidence when the court
finds public interest would suffer by its disclosure
REQ
1. hlder of priv is govt or pub off
2. in confidence
3. igiven during the term of office of the pub off or after
4. public interest wud suffer by the disclosure
PRIV INFO OF BAN DEPOSITD
All deposits of whatever nature with banks or banking institutions including investment bonds
issued by the government of the Philippines,political subdivisions,and its instrumentalities are
hereby considered as an absolute confidential nature and may not be examined except upon
written permission of the depositor , in case of impeachment,
Reason: encourage people to depist funds to the bank
EXP
1.
2.
3.
4.
A plea of guilty later withdrawn or an uaccepted offer to a lesser offense is not admissible in
evidence vs accused who made the plea or offer
An offer to pay or payment of med hospital or other expenses occasioned byy an injury is not an
admissible in evidence as roof of civil or crim liability for the injury
Sec 28 admission by 3rd party
Right of a party cant be prejudiced by an act declaration or omission of another
Sec 29- acr or declaration of a partner or agent within scope of his authority diring existence of te
partnership or agency may be given in evidence vs sch party after the partnership or agency is
shown by evidence other than such act or declaration. This applies to the act or declaration of a
joint owner, joint debtor or other persons jointly interested with the party
Sec 30 the act declaration of a conspirator relating to the conspiracy and during its existence
may be given in evidence against the conspirator after the conspiracy is shown by evidence other
than such at or declaration
Sec 31 when one derives title to prop from another, the act declaration or mission of the latter
while holding title in relation to the property is evidence against the former.
Right
1.
2.
3.
There is custodial investigation when he ceases to be a general inquirt into an unsolved crime and
begins to focus on particular suspect
Corpus delicti- actual commission of the crim charged. Refers to body of the crime or the fact of
specific loss or injury
Evidence that one did or did not do a certain thing at one time is not admissible provr that he did
or did not do the same or a similar thing at another time. Bu it may be received to proved a
specific intent or knowledge identity plan system scheme habit custom or usage and the like
To be admissible, the other offenses are so related in time place and circumstances to the offense
charged as to have substantial probative value for the pur[ppose for which the evidenc e is
offered
There must be a logical connection between the crimes that proof of one will naturally tend to
show that the accused is the person wgo committed the crime
there must be such a causal relation that tthey may logically be said to form part of one
transaction
SIMILAR ACTS O PROVE HABIT CUSTOM OR USAGE
Habit- means a disposition or condition of the body or mind; an acquired custom or usual
repetition pf the same act or function; the custmary conduct to purse whucg ibe gas acquired a
tendency from frequent repetiotion of the same acts
Customs- course of behavior of a group of persosn regularly repeated in like circumstances
Usage or practice of the people which by common adption or acquisence and by long unvarying
habit has become compulsory and has acquired the force of a law whith respect to the place or
subject matter
Requirements for the admissibility of habit evidence
The habit must be specific routine (performed without deliberation) and continuous
ELEMENTS OF HEARSAY
1. assertion or conduct amounting to an assertion
2. made or done by someone other thn a testifying witness on the stand by an out of court
declarant
3. offered to prove the truth of the matter asserted
Res gestae
1. statements made
2. whle starling occurene is tking pace or immediately prior or subsequent thereto
3. may be given in evidence
RREQ
1. principal acy,resgestae, is a startling occurrence
2. statement made were spontaneous made before the declarant had time to contrive or
devise
3. statements made must concern the occurrence In question and its immediately attending
circumstance
must be under the active and immediate influence in connection with it as to characterize or
explain it
requisites for admissilility of verba; act
1. equivocal act
2. independently material to issue
3. statement must accompany equivocal act
4. statement must be necessary t understand the equivocal act (must aid in giving legal
significance to the act)