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REM2_1
RULE 128
Define Evidence
SECTION 1. Evidence defined. Evidence is the means,
sanctioned by these rules, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
Factum Probandum
The proposition or theory
that is sought to be
established.
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RULE 129
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 political constitution and history of the Philippines,
the official acts of legislative, executive and judicial departments of the
Philippines, the laws of nature, the measure of time, and the geographical
divisions.
7.
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REM2_3
Under the Best evidence rule, when do you invoke the best
evidence rule?
When the subject of the inquiry or question pertains
to the contents of the document
Under the best evidence rule, what is the best evidence?
the original
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REM2_4
Competence vs credibility
it is competence that is first determined before
credibility because once the witness is called to the
witness stand, jan ide-determine if he is competent.
Competence is said to be fitness of an individual to testify. So
if we talk about competence you relate that qualification.
Qualification of a witness must be able to perceive, how
through his senses and after he has officially perceived be
able to relate what he has perceived to others.
Section 21. Disqualification by reason of mental incapacity or immaturity.
The following persons cannot be witnesses:
(a) Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently
making known their perception to others;
(b) Children whose mental maturity is such as to render them
incapable of perceiving the facts respecting which they are
examined and of relating them truthfully.
Once the witness is called to the witness stand jan idedetermine kung the witness is competent. Therefore, this
qualification if at the time of the production for examination
at the time he is called to the witness stand to testify oobjectan, idi-disqualify by reason of mental incapacity for
example.
Example:
If during the occurrence of the incident everybody saw the
witness was seen right at the crime scene, after the incident
there is now a prosecution for murder, so syempre sya ang
eye witness because everybody saw him there right at the
crime scene, so he is now made a witness. at the time of the
occurrence of the incident he was there, at the time of the
prosecution of the case, this particular witness pagdating nya
sa court room, pag upo nya sa witness stand he was already
laughing, he was already crying he was already, dancing
obviously insane, question, is he competent to testify?
No, because obviously he is insane at the time of his
production for examination, meaning at the time of
his production to the witness stand he may have
perceived but at the time he is produced for
examination he is not capable of relating what he
has perceived to others.
Disqualification refers to competence.
Able to perceive and able to relate what he has perceived to
others
at the time of the occurrence of the incident everybody saw
this person right at the crime scene but while the victim was
being stabbed to death, the witness was clapping or rejoicing
obviously insane, but he was there at the crime scene so ------he must have perceived. There is a subsequent prosecution
based on that incident at the time the witness is called to the
witness stand, at the time the witness is produced for
examination, he is sane, question, is he competent to testify?
Yes, he is competent to testify because at the time
of his production for examination that is when we
should determine if he is competent.
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It is set already, it did not affect the sanction, you know under
the previous provision, the judge has the obligation to
determine if the child is competent the judge has to
determine if the child is lying the judge has to determine if
the child is telling the truth kung naiintindihan nya yung oath,
but now, the child is presumed to be competent as a witness.
The judge need not determine anymore whether or not the
child is competent to testify kasi nakalagay na sa rule the
judge will enter into the picture if there is an objection as to
the competence of the child otherwise that is a set
presumption.
The burden of proving otherwise is on the person who assails
the competence of the child.
Section 22. Disqualification by reason of marriage. During their marriage,
neither the husband nor the wife may testify for or against the other without
the consent of the affected spouse, except in a civil case by one against the
other, or in a criminal case for a crime committed by one against the other or
the latter's direct descendants or ascendants.
Section 24. Disqualification by reason of privileged communication. The
following persons cannot testify as to matters learned in confidence in the
following cases:
(a) The husband or the wife, during or after the marriage, cannot be
examined without the consent of the other as to any
communication received in confidence by one from the other
during the marriage except in a civil case by one against the other,
or in a criminal case for a crime committed by one against the
other or the latter's direct descendants or ascendants;
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For example:
I filed a claim against the estate of Mr. X. I filed it
against the executor or administrator of the estate
of Mr. X, who already died. I filed a claim against his
estate. I cannot, on the witness stand, testify that
before he died, Mr. X told me that once he dies, I will
inherit his 1,000 sq. M lot in Ayala, Alabang.
I am prevented to testify because he cannot dispute.
Remember, this general statute is for protection of
the estate of the person who died or became insane.
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What is an admission?
It is an acknowledgement of a fact. It is an
acknowledgement of a certain incriminating fact
from which you draw an inference of guilt. There is
no total acceptance of any guilt. You acknowledge
incriminating facts from which the hearer or the one
listening to you may draw an inference of guilt
Confession,
it
is
an
acknowledgement of guilt.
unqualified,
unconditional
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REM2_5
Section 27. Offer of compromise not admissible. In civil cases, an offer of
compromise is not an admission of any liability, and is not admissible in
evidence against the offeror.
In criminal cases, except those involving quasi-offenses (criminal negligence)
or those allowed by law to be compromised, an offer of compromised by the
accused may be received in evidence as an implied admission of guilt.
A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to
lesser offense, is not admissible in evidence against the accused who made
the plea or offer.
An offer to pay or the payment of medical, hospital or other expenses
occasioned by an injury is not admissible in evidence as proof of civil or
criminal liability for the injury.
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REM2_6
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Character evidence
Section 48. General rule. The opinion of witness is not admissible, except
as indicated in the following sections.
In Criminal Cases:
(1)
(2)
(3)
(b)
The witness may also testify on his impressions of the emotion,
behavior, condition or appearance of a person.
(c)
In Civil Cases:
Evidence of the moral character of a party in civil case is
admissible only when pertinent to the issue of character
involved in the case.
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The good or bad moral character of the offended party may be proved
if it tends to establish in any reasonable degree the probability or
improbability of the offense charged.
claim or defense which means that either party can have the
burden of proof. Under what circumstances does it come to
play?
The rule is whoever asserts the affirmative has the
burden of proving that affirmative assertion
whoever alleges the affirmative, it could be the
defendant or the plaintiff, it could be the defense or
the prosecution, whoever asserts the affirmative he
has the burden of proving that affirmative assertion.
The one who asserts the negative does not have the
burden of proof.
Example: in a criminal prosecution, according to the
prosecution he did it accused did it, that is an affirmative
assertion. The accused will say no, I did not do it, that is a
negative assertion, who has the burden of proof?
The Prosecution, based on this rule. In all cases,
whoever asserts the affirmative has the burden of
proving that affirmative assertion.
so if the prosecution says he did it, he committed
the crime. the accused says no, I did not do it,
hindi pwedeng sabihin ng prosecution prove it that
I did not do it, wala syang burden because he is the
one asserting the negative
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An offer of evidence in writing shall be objected to within three (3) days after
notice of the unless a different period is allowed by the court.
In any case, the grounds for the objections must be specified.
Section 37. When repetition of objection unnecessary. When it becomes
reasonably apparent in the course of the examination of a witness that the
question being propounded are of the same class as those to which objection
has been made, whether such objection was sustained or overruled, it shall
not be necessary to repeat the objection, it being sufficient for the adverse
party to record his continuing objection to such class of questions.
Section 38. Ruling. The ruling of the court must be given immediately after
the objection is made, unless the court desires to take a reasonable time to
inform itself on the question presented; but the ruling shall always be made
during the trial and at such time as will give the party against whom it is
made an opportunity to meet the situation presented by the ruling.
The reason for sustaining or overruling an objection need not be stated.
However, if the objection is based on two or more grounds, a ruling
sustaining the objection on one or some of them must specify the ground or
grounds relied upon. (38a)
Section 39. Striking out answer. Should a witness answer the question
before the adverse party had the opportunity to voice fully its objection to
the same, and such objection is found to be meritorious, the court shall
sustain the objection and order the answer given to be stricken off the
record.
On proper motion, the court may also order the striking out of answers
which are incompetent, irrelevant, or otherwise improper.
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One witness says on the date and time of the incident I saw
the accused running away from the scene of the crime that
is one circumstance, can you draw an inference of guilt?
No. Not yet
Another witness says on the date and time of the crime, I
saw the accused running away from the scene of the crime
carrying a bloodied bolo that is another circumstance. A
third witness says, on the date and time of the incident, i
saw the accused running away from the scene of the crime,
carrying a bloodied bolo and blood splattered all over his
Bench t-shirt
These are circumstantial evidence from which you can draw
an inference of guilt but it will not yet suffice for conviction,
you first have to prove the basis, the circumstances.
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By petition
Certiorari
Prohibition
Mandamus
Declaratory Relief
Contempt
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