(Pages 1-41)
Ma. Karen A. Baldonado-Guillermo
1. Question:
Are the parties to an action have vested right in the rules of
evidence? (5%)
Suggested Answer:
No, there can be no vested right in the rules of evidence.
However, in criminal cases, if the alteration of the rules of
evidence would permit the reception of a lesser quantum of
evidence than what the law required at the time of the
commission of the offense in order to convict, then the
retroactive application of such amendatory law would be
unconstitutional for being ex post facto law.
2. Question:
Define the following classifications of evidence: (2% each)
a.
b.
c.
d.
e.
Relevant
Material
Competent
Direct
Circumstantial
Suggested Answer:
(a.) Is evidence having any value in reason as tending to prove
any matter provable in an action.
Identify
the
following
situations
if
the
courts
should
calamity.
Pacquiao-Bradley boxing match in April.
Emblem of International Order of De Molay
Seal of the Republic of the Philippines
Flag of the Philippines
Suggested Answers:
a. As a general rule, courts are not mandated to take judicial
notice, unless, the Securities Regulation Code states that
an IRR is essential in the implementation of the law.
Without said provision, it is only discretionary on the
courts.
b. No. Courts not stationed in the City are not compelled to
take judicial notice.
c. Yes. Courts should take judicial notice on current events.
d. No. Courts are not compelled to take judicial notice of
international organizations.
e. Yes. Seal of the Republic of the Philippines need not be
proved. Courts are expected to know them by heart.
f. Yes. Courts are mandated to take judicial notice of it
more so each government office are required to display
the national flag as a sign of loyalty to the Republic.
6. Question:
Mr Mojico posted in his Facebook account that Pia Cayetano is
a silent corrupt. She stole millions of pesos from her PDAF
Our money.
1(k),
Rule 2 of
the
REE provides
that
Suggested Answer:
No . It could include documentary evidence to show latent
ambiguity.
9. Question:
What are the requisites to sustain a conviction of an accused
based on circumstantial evidence? (3%)
Suggested Answer:
a. There must be more than one circumstance;
b. The interference must be based on proven facts; and
c. The combination of all circumstances produces a
conviction beyond reasonable doubt of the guilt of the
accused.
10. Question:
May a private document be offered and admitted in evidence
both as documentary evidence and as object evidence? (4%)
Suggested Answer:
A private document may be offered and admitted in evidence
both as documentary and object evidence depending on the
purpose for which the document is offered. If offered to prove
its existence, condition or for any purpose other than the
contents of a document, the same is considered as object
evidence.
(Pages 42-83)
Shaila C. Villabert
1. Question:
A witness testifies that he saw the event testified to and two
other witnesses having seen the same event which the first
witness claimed he saw, the subsequent testimonies is
a. Admissible in evidence
b. Corroborative evidence
c. Cumulative evidence
d. Secondary evidence
e. None of the above
Suggested Answer: B
2. Question:
Distinguish positive evidence from negative evidence.
Suggested Answer:
Evidence is positive when a witness affirms in the stand that a
certain state of facts does exist or that a certain event happened.
It is negative when the witness states that an event did not
occur or that the state of facts alleged to exist does not actually
exist.
3. Question:
What does the doctrine Falsus in uno, falsus in omnibus
means?
Suggested Answer:
Treason;
Espionage;
Provoking war;
Disloyalty in case of war;
Piracy;
Mutiny in high seas;
Rebellion;
Conspiracy and proposal to commit rebellion;
2. Question:
Distinguish clearly but brieftly between Burden of proof and
burden of evidence?
Suggested Answer:
Burden of proff is the obligation of a party to present evidence
on the facts in issues necessary to establish his claim or defense
by the amount of evidence required by law. (Sec. 1 Rule 131,
Rules of Court). Burden is the duty of a party to go forward with
the evidence to overthrow any prima fair presumption against
him (Bautista V. Sarmiento, 138 SCRA 587).
3. Question:
Explain the equipose doctrine in the law of evidence?
Suggested Answer:
The equipose doctrine is based on the principal that no one
shall be deprived of life, liberty or property without due process
of law. (Sec. 1, Art. III Constitution of the Philippines).
The doctrine refers to a situation where the evidence of the
parties is evenly balanced, or there is doubt on which side the
evidence preponderates (or weigh more heavily).
In this case the decisions should be against the party with the
burden of proof. Hence, where the burden of proof is on the
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plaintiff and the evidence does not suggest that the scale of
justice should weigh in his favor, the court should render a
verdict for the defendant (Rivera V. Court of Appeals 284 SCRA
673; Marubeni Corp. V. Lirag, 362 SCRA 620).
4. Question:
What is Presumptions?
Suggested Answer:
A presumption is an assumption of fact resulting from a rule of
law which requires such fact to be assumed from another fact or
group of facts found or otherwise established in the (Blacks
Law Dictionary, 5th Ed., p. 1067, citing uniform Rule 13, NJ
Evidence Rule 13). A presumption is not evidence (California
Evidence Code, cited in Blakcs Law Dictionary 5 th Ed., p. 1167).
They merely affect the burden of offering evidence. (Criminal
Evidence, Sec. 64).
5. Question:
Kinds of Presumptions
Suggested Answer:
A presumption of law is an assumption which the law requiers
to be made from a set of facts.
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12
13
A person is deemed dead for all purposes even for the purpose
of the division of his estate among his heirs in any of the
following cases:
(a) If the person is on board a vessel that was lost during a
sea voyage, or an aircraft which is missing, and has not
been heard of for four years (4) years since the loss of the
(b)
vessel or aircraft;
If the person is a member of the armed forces who has
taken part in the armed hostilities, and has been missing
(c)
(d)
2) Question:
Distinguish preponderance of evidence from substantial
evidence.
Suggested Answer:
Preponderance of evidence means the greater or superior
weight of evidence. It is the evidence that is more convincing
and more credible than the one offered by the adverse party. It
means that the evidences as a whole adduced by one side are
superior to that of
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Suggested Answer:
The function of judicial notice is to abbreviate litigation by
the admission of matters that need no evidence because judicial
notice is a substitute for formal proof of a matter by evidence.
Under the principle of discretionary judicial notice, A court
may take judicial notice of matters which are of public
knowledge, or are capable of unquestionable demonstration, or
ought to be known to
judges because of their judicial functions.
4) Question:
Supposed a foreign law was pleaded as part of the defense of the
defendant but no evidence was presented to prove the existence
15
16
Suggested Answer:
Yes. The Supreme Court has taken judicial notice of scientific
findings that drug abuse can damage the mental faculties of the
user. Therefore, it is beyond question that any employee under
the influence of drugs cannot possibly continue doing his duties
without posing a serious threat to the lives and property of his
co-workers and even his employer. (Bughaw, Jr. vs. Treasure
Industrial Corporation, 550 SCRA 307)
3. Question:
Is admission in drafted documents may be considered as a
judicial admission? Why or why not?
Suggested Answer:
No. An admission made in a document drafted for purposes of
filing a pleading but never filed, is not judicial admission. If
signed by the party, it is deemed an extrajudicial admission. If
signed by the attorney, it is not even an admission by the party.
The authority of the attorney to make statements for the client
extends only to statements made in open court or in pleadings
filed with the court.
4. Question:
Bembol was charged with rape. Bembols father, Ramil,
approached
Artemon,
the
victims
father,
during
the
19
20
Suggested Answer:
An Electronic Document refers to information or the
representation of information, data, figures, symbols or other
modes of written expression described or however represented,
by which a right is established or an obligation extinguished, or
by which a fact may be proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieved or produced
electronically. It includes digitally signed documents and any
print-outs or output, readable by sight or other means, which
accurately reflects the electronic data message or electronic
document.
Yes, an electronic document, under the Rules on Electronic
Evidence, is the same as and may be used interchangeably with
electronic data message.
22
3. Question:
How is the authenticity of a private electronic document offered
as authentic be proved and received in evidence?
Suggested Answer:
Under Section 2, Rule 5 of the Rules on Electronic Evidence,
before any private electronic document offered as authentic is
received in evidence, its authenticity must be proved by any of
the following means:
a. By evidence that it had been digitally signed by the
person purported to have signed the same;
b. By evidence that other appropriate security procedures
as may be authorized by the Supreme Court or by law
for authentication of electronic documents were
applied to the document; or
c. By other evidence showing its integrity and reliability
to the satisfaction of the judge.
4. Question:
In a prosecution for BP 22, the accused insisted on his acquittal
because the prosecution was not able to present the original
check in evidence pursuant to the best evidence rule. He argued
that the presentation of the said original check is a condition
sine qua non for his conviction. Is his argument tenable?
Suggested Answer:
No, the accuseds argument is not tenable. His insistence on the
presentation of the check in evidence as a condition sine qua
non for conviction of BP 22 is wrong. The best evidence rule
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25
27
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2. Question:
What are the elements for the application of the dead mans
statute?
Suggested Answer:
29
The following are the elements for the application of the dead
mans statute:
a. The defendant in the case is the executor or administrator or a
representative of the deceased or the person of unsound mind;
b. The suit is upon a claim by the plaintiff against the estate
of said deceased or person of unsound mind;
c. The witness is the plaintiff, or an assignor of that party, or
a person in whose behalf the case is prosecuted; and
d. The subject of the testimony is as to any matter of fact
occurring before the death of such deceased person or
before such person became of unsound mind (Sec. 23,
Rule 130, Rules of Court).
3. Question:
What are the requirement for a witness to be disqualified by
reason of the following:
a. Mental incapacity; and
b. Immaturity
Suggested Answer:
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ii.
4. Question:
What is the marital disqualification rule?
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32
1. Question:
A is seeking for the disbarment of B as he allegedly maliciously filed a
criminal case for falsification of public documents against her thereby
violating the attorney client privilege. It appears that B filed a case
against complainant as she apparently made false entries in
the certificate of live birth of her children. More specifically she
allegedly
indicated
that
she
is
married
to
certain
Suggested Answer:
We hold that the evidence on record fails to substantiate
complainants allegations. We note that complainant did not even
specify the alleged communication in confidence disclosed by
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respondent. All her claims were couched in general terms and lacked
specificity. She contends that respondent violated the rule on
privileged communication when he instituted a criminal action
against her for falsification of public documents because the criminal
complaint disclosed facts relating to the civil case for annulment then
handled by respondent. She did not, however, spell out these facts
which will determine the merit of her complaint. The Court cannot be
involved in a guessing game as to the existence of facts which the
complainant must prove. (MERCADO VS. VITRIOLO)
2. Question:
WHAT ARE THE REQUISITES IN ORDER THAT THE
PHYSICIAN
PATIENT
PRIVELEGED
SUCCESSFULLY
CLAIMED?
Suggested Answer: (rule 130, sec. 24)
a. the privilege is a claimed in a civil case
b. the person against whom the privilege claimed is one
duly authorized to practice medicine surgery obstetrics
c. such person acquired the information while he was
attending to the patient in his professional capacity
d. the information was necessity to enable him to action in
that capacity
e. the information was confidential and if disclosed would
blacken the reputation of the patient.
3. Question:
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35
36
Suggested Answer:
1. Not to give an answer which will tend to subject him to a
penalty for an offense;
2. To be protected from irrelevant, improper or insulting
questions and from harsh or insulting demeanor
3. Not to be examined except only as to matters pertinent to the
issue;
4. Not to be detained longer than the interest of justice requires
5. Not to give an answer which will tend to degrade his reputation
unless it be the very fact at issue or to a fact from which the fact
in issue would be presumed.
6. QUESTION:
WHEN MAY THE TRIAL COURT ORDER THAT THE TESTIMONY
OF A CHILD BE TAKEN BY LIVE-LINK TELEVISION?
Suggested Answer:
The court may order that the testimony of the child be taken by livelink television if there is a substantial likelihood that the child would
suffer trauma from testifying in the presence of the accused, his
counsel or the prosecutor as the case may be. The trauma must be of a
kind which would impair the completeness or truthfulness of the
testimony of the child.( RULE ON EXAMINATION OF A CHILD
WITNESS SECTION 25F)
37
Suggested Answer:
The demurrer should be denied . The reliance on the rule on
inter alios acta is misplaced. The rule applies only to
extrajudicial declarations and not to statements made in open
court.
examined.
5. Question:
39
Xander
40
41
43
44
45
Dying declaration.
Declaration Against Interest.
Act or Declaration about pedigree.
Family reputation or tradition regarding pedigree.
Common reputation.
Part of the Res Gestae
Entries in the course of business.
Entries in the official records.
Commercial list and the like.
10.Learned Treaties
11. Testimony or deposition at a Former proceeding.
The reason for the exceptions of the hearsay rule is for necessity and
trustworthiness.
3. Question:
What are the requisites of a dying declaration?
Suggested Answer:
46
4. Question:
Distinguish a dying declaration from part of the Res Gestae.
Suggested Answer:
1. A dying declaration can be made only by the victim, while a
statement as part of the res gestae may be that of the killer
during or after the crime.
2. A dying declarations are made only after the crime has been
committed, while in res gestae, the statement may be done
before, during or after the act is committed.
3. The trustworthiness of a dying declaration is based on the
declarants impeding death, while in res gestae, the statement is
based on spontaneity.
5. Question:
What is the rule on the admissibility of character evidence in
criminal cases?
47
Suggested Answer:
In criminal cases as provided in section 51, rule 130 of the rules on
Evidence, character evidence not generally admissible; exceptions
enumerated:
1. The accused may prove his good moral character which is
pertinent to the moral trait involved in the offense charged.
2. Unless in rebuttal, the prosecution may not prove his bad
moral character which is pertinent to the moral trait involved
in the offense charged.
3. 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.
6. Question:
May the trial court order that the testimony of a child be taken by
live-link television?
Suggested Answer:
Yes, the court may order the testimony of the child be taken by lovelink television if there is a substantial likelihood that the child would
suffer trauma from testifying in the presence of the accused, his
counsel or the prosecutor as the case may be.
7. Question:
When may an opinion of a witness admissible?
48
Suggested Answer:
Opinion of a witness is not admissible as provided in section 49 and
section 50. Rule 130 of the Rules on Evidence, to wit;
1. Opinion of an expert witness on a matter requiring special
knowledge, skill, experience or training which he is shown to
possess. (Section 49, Rule 130)
2. Opinion of ordinary witness for which proper basis is given
regarding the following:
a. The identity of a person about whom he has adequate
knowledge.
b. A handwriting with which he has sufficient familiarity.
c. The mental sanity of a person with whom he is sufficiently
acquainted.
The witness may also testify on his impression of the emotion,
behavior, condition or appearance of a person.
If the opinion of a witness falls under the exceptions provided in
Section 49 and section 50 Rule 130 of the Rules on Evidence, it
becomes admissible as evidence.
49
50
Suggested Answer;
51
52
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