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  • Judge Calpatura Notes

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    Yvone Baduyen
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    276 Ansichten24 Seiten

    Judge Calpatura Notes

    Hochgeladen von

    Yvone Baduyen
    judge calpatura notes

    Copyright:

    © All Rights Reserved
    Als PDF herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
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    23/0 EVIDENCE, EVIDENCE, EVIDENCE Evidence in civil cases versus evidence in BAR 2015, + Givil Cases- preponderance of evidence; Criminal Cases- proof beyond reasonable doubt. HON. CARLITO B. 4, Proof Versus Evidence CALPATURA 2 * Proof- the result of evidence; Evidence is the ‘means to obtain proof. PRESIDING JUDGE : 5. Factum Probans Versus Factum Probandum 5 Succ + Factum probans- the means to prove (m: REGIONAL TRIAL COURT ee facts); Factum probandum — ultimate fact BRANCH 145, MAKATICITY sought to be established. EVIDENCE EVIDENCE EVIDENCE evidence le admis party to ntroduce the same Kind; Sec. 17, Rule 132; English Rute Massachusetts Rule), rect and elrcumstantial evidence + Diract evidenco- proves the fact without ye ald of any inferred facts te OF ckeumstances, (see Sec Rule ive nd negative evidence * postive evidence armetonthat fact ordi not + Negative evidence: del Know the occurence o h Competentand ced ce +" Competent= If nat excluded Cresible- refers to probative force, Juge C.B. Calpatura 23/0 EVIDENCE 15:17. surden of rool an burden af evidence rs toughout he burden of eden The engender of he edt nates, EVIDENCE 61.8 Pretumptions [Nature of presumetions. An inference drawn from facts for combination of facts, It affects burden of ev ponent unlike In the case of ‘ne Pin ni EVIDENCE rly cxcbvatc we canlahe (8. 7H, ‘te Bann CARMEN UAlo Y AaneSs PPL Made te, Sypre a C t cmeltve(eae ys 36 EVIDENCE 9. Uberal Construction ofthe Rules cf Evidence * Being @ procedural aw. Quantum of Evidence (Weight And Sufficiency of iiency of evidence refers f the evidence already admitted evidence is needed (Rule 133, Sec. Its proof beyond reasonable dot and in administrative cases, substantial evi EVIDENCE 6.1.10. Quantum of evidence (weight and sutiiency of evidence) been defined as “the _aggrogate evidence on 'S usually consigered to be synonymous rm. gieater weight. of the” evidence se which, othe last Segree oF Unprejudiced ming (Ru EVIDENCE 6.1.10. Quantum of evidence (weight ard sufficiency of evidence) + 3, Substantial evidence. In administrative or quasi-judicial bodies. That amount of relevant evidence which a reasonable mind might accept as adequate to justify = concusion + 4.Cleor and convincing evidence- lower than proof beyond reasonable doubt but higher than preponderance of evidence. Juge C.B. Calpatura 23/0 EVIDENCE Matter of ful Notice 2:1. Mandatory + Mandatory judi notice (Sec. 1}: a0 vk. CA, 152 SCRA 359- Blood grouping tet: Ganer vs. De Leon, 367 SCRA 631, 200%; EVIDENCE US, 297 US. 202, io tages So nd 65 Ps S18 EVIDENCE eople vs, Bernabe, 5. Fernandr, 82 Ph 662} case EVIDENCE 15.23, al emisone ict of judicial aemisstons + No proet needed. sy bein: the EVIDENCE uote nore 1) How juaicladeisons maybe conde ror uch aision was made; That Ras made though palpable ital. 624, fucka notice of foreen las, ow of nations an muni al Orsancescryby the yor Pevinceinre te courte objet teat evence . * (ro known a or Demenstatve Bidens Autti Pirense} + Lent of objet evcence Juge C.B. Calpatura 23/1 EVIDENCE )EVIDENCE EVIDENCE 6.3.5. View of an object or scene + When an object is relevant to the fict in issue, it may be viewed by the court. (Rule 130, Sec. OBJECT EVIDENCE Limitations: may be refused if: is Inevitable as the subject of a a. would result in delay, inconvenience or : ing must de with t bak rest day, Incomes The viewing must ve with notice to the value that may be obtained (People vs. adverse party, 467 Pil. 645; People vs. Moreno, 83 Phi + The viewing must be in the presence of the court, would be confusing such as the coneltion of an ‘object not preliminary shown to have been unaltered (People vs. Saavedra (CA, 5006. 5407). * The object or scene is not excluded by the FVIDENCE EVIDENCE EVIDENCE Singita cel RADA, dele Se a * 6.3.7. Rule on DNA Evidence (A.M. No. 06-11- ane Sade oer swetio othe Reseed within 7 bor m 5-Sc) *+ a) Meaning of DNA + DNA" means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body. The totality of an unique for the individual, except identical twins; ee peed See i de eee «| i Juge C.B. Calpatura 23 EVIDENCE b) Application for DNA testing order ‘IDNA testing” means verified and credible scientificethods which include: * A) the extraction of DNA from biological sample + B)the generation of DNA profiles; and + C)the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining, with reasonable Certainty, whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct Identification) or if the biological samples originate from related Persons (kinship analysis)” EVIDENCE ) Application for DNA testing order irrolevane tthe ese; se at rev abd tte or fil woe peo ssbected tear confit fr good ‘inte potent to produce new “he proper slut cae, + the ontence of ot Soaier St patel ae bs ig arf any, which the court he aceuracy or inoue EVIDENCE, b) Application for DNA testing order * The Rule does hot preclude a DNA testing, without need of a prior court order, at the behest of any party, including law enforcement agencies, before a suit or proceeding is commenced. * An order granting the DNA testing shall be immediately executory and shall not be appealable. ion for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, Uniess a higher court issues an injunctive order. EVIDENCE ©) Post-corwiction DNA testing- + Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment provided that: * (a) a biological sample exists; * {b) such sample is relevant to the case; and * (c) the testing would probably result in the reversal or modification of the judgment of conviction. EVIDENCE 6. Postcnviction DNA Testing, remedy If the Results Ace Fovorable tothe Convict — * The conviet or the prosecution may fle @ petition for « wrt of habeas corpus inthe court of origin Ifthe resus ‘of the postconviction DNA tasting are favorable fo the * In case the cour, after due hearing, finde the petition to bemertorious, 3 + A similar pation may be fled either in the Court of Appeals or the Supreme Court, oF with any member of 3id courts, which may conduct 2 hearing thereon oF Femand the petition to the cour: of engin and teue the appropriate orders. EVIDENCE d) Assessment of probative value of DNA evidence and admissibility ‘tm aztessing the probative valve of the DNA evidence presented the court shall consider the following: + Alchain of custedy (i.e. how samples were collected handed, and possibilty of contamination; + SIOWA Testing methodology (Procedure in anhaing simples, compliance van slant standars, ete, 2 tho rotabilty ofthe testing rut * The rules of court on aporeclation af evidence suppletonly apis Juge C.B. Calpatura 23/C EVIDENCE EVIDENCE * 6.4, Documentary evidence * 6.4.1. Meaning of documentary evidence EVIDENCE EVIDENCE EVIDENCE BEST EVIDENCE RULE- 4) Requisites for introduction of secondary evidence * Exceptions to the best evidence rule: Sec. 3, a to 4, Rule 130. Original was lost, destroyed or unavala ut bad fa i he custody or control ofthe party against is offered who failed to produce after reasonable notice; unt, summary is allowed; custody of a public officer EVIDENCE, oe tng Gane wn, Fant Gt ha SS ow 8 he oon Juge C.B. Calpatura 23/C EVIDENCE BEST EVIDENCE RULE- Requstes of admisibty of secondary evidence- In the custody or contol of the adverse party See. 6, EVIDENCE, NDENCERULE- itesof admissibility of secondary evidence- acknowledged by fis signature on 2 car Concrete Co. vs + 3.by admission in the pleading expr ‘under Rule 8, Sec. 8. ¥y or impliedly EVIDENCE agusteaof dees of candor idence: etal ey hearer “ined in bas EM EVIDENCE 6.4.4. Rules on Electronic 01-7-01-SC)- a} coverage; + apply to all civil and criminal proceedings, as well as quasi administrative cases: q * In all matters not specifically covered by REE, the Rules of Court and pertinent provisions of statues containing rules on evidence shall apply. EVIDENCE b) Probetive value of electronic documents or evidentiary fcdedseneSoeserta dtioesaarag St Juge C.B. Calpatura 23/0 EVIDENCE EVIDENCE EVIDENCE, Dymo ue often or een wee Pee eo ‘RULE 9- METHOD OF PROOF irmatively show the competence of the affiant to testify on the matters contained EVIDENCE EVIDENCE EVIDENCE <) Hectronic documents vis-a-vis the hearsay rule signature, - An electronic signature ye authenticated nthe. manner ‘dni evidence asthe the signature of @ petson on Authentication of electronic signatures. — An in any of the Circumstances ofthe prepaeigg Scanemsion or storage thereat Juge C.B. Calpatura 23/0 EVIDENCE + Ife foegoing communications ar recorded op embodied a an ‘ectone document, Um Be pewsone of le Sa SpE EVIDENCE sy ease EVIDENCE, dul wate ae be Rae rtf py pein oh set EVIDENCE ¢. Distinctions between she best evidence rule and, parol evidence rule + a) As to party: Best Evidence Rule can be invoke by any party whether he is or not a party to the document; while Parol Evidence can be invoke only by a party to the Document; issue: BER- applies when the issue is re document; PER- the issue is terms ofthe agreement. + ©) As to nature of document: BER applies to both contractual and non-contractual document; PER- applies only to contractual document ay Se ae ete 3 Ss rns pate dine us eb, EVIDENCE Juge C.B. Calpatura 23/( EVIDENCE When » private weting requires authentieton; proof of @ EVIDENCE EVIDENCE, rate writing | idenco of euthenticty ofa private writing ts not iow to prove genuineness ofa handwriting Alby anyone files of court Bley. evidence of ‘when the ganuineness and ty of an actionable Socumont have not been specifaly denied under oath by {he adverse pany, When the genujnoness and outhe ave been adtted (exsressy or tho signature. oF EVIDENCE EVIDENCE EVIDENCE coer Ipaterad 3 a ess Ish + By evidence of: tHoproponcnttsbeve boca soununers show by + 1) Want of jurisdiction ofthe court al ited by ancth off + 2) Ws altered + 2) Collusion between the parties; SWRI ponet actin) ae + 3) Fraud in the party offering the record, in, + 4) That the alteration eid not chenge the meaning or . respect to the proceedings (Rule 132, Sec. 29). of tenant 132, See 31), k. Proof of notarial documents 1m) Documentary evidence in an unofficial language + 1). te must be duly acknowledged or proved + Not admissible as evidence untese accompani and certified as provided by law; and ‘wanslationinto English or lipo (Rule 132, + 2}, Presented in evidence (Rule 132, Sec. 30), Juge C.B. Calpatura 23/C EVIDENCE facts and of zlatg thom {ov undessand ae expect uaa. ne lo cequircdand it iswahetie [People Ding Soy 258 SoRA 40, EVIDENCE thing cs ad fra tamad compnene of EVIDENCE EVIDENCE Juge C.B. Calpatura 23/¢ EVIDENCE 4) 8y eason of prege! communications (2)Husband and wife privilege (Rule 130,244), EVIDENCE EVIDENCE sarin ropes tee EVIDENCE 2) Pisican an patent Patent pyle preg (Rule 130, See 24-0) ‘opeak 08858, 238 Seta 146 ne 4,189) EVIDENCE Physician-Patient Privilege- ‘The privilege does not apply where the ‘communication: + a} was not given in confidence; irrelevant to the professional employment; +c) was made for an unlawful purpose; + d) was intended to be made pi + 2) there fs a waiver of the privilege by law or * contract. Example, Rule 28, regarding the physical examination of a person ordered by Juge C.8. Calpatura 23/C EVIDENCE, EVIDENCE EVIDENCE 55.6. framinton of witness 2) Res ard obiigation ofa witness (ems. 1 Me asthe ight: not tobe ated leant impopes i fat conence, andthe pe Josue: tame, sae sit EVIDENCE EVIDENCE EVIDENCE Juge C.B. Calpatura 23/0 EVIDENCE, EVIDENCE, cho it the examination of an individual witness 3) Re-direct examination 4) Re-cross examination + On redirect and re-gross, questions on matters not ‘rect may be permitted at the not the court (Rule 132, Sections 7 & 8 touched te — by evidence of specie ‘pinion oF by reputation obtained fe a evant commun EVIDENCE, EVIDENCE EVIDENCE | Judicial affidavit Rule ‘caused to be recorded the lon healed nde cnesporng ene itness gave; and present ot the laters _ Juge C.B. Calpatura 23/C EVIDENCE EVIDENCE EVIDENCE dua ative nte~ Judicial aia Rae ; AENEDY IF WITHESS REFUSE TO APPEAR AND EXECUTE Judicial affidavit Rule IUDIGALAFHDAUIT See 5. Sopcena. = PROCEDURE. * the govemment employee o ofa, o the requested ; wines, who B nether the ultess oF the adverse party When to subm "Should party ora witneaeceste tobe the bc evens ns poseesion, he tay ate | marked 3 ech ah outs + Inuion, the party o fe rg! document or cbjct’ evidence ey “comparzon. dub the relmnort afernce with he stuched coy reproduction, or strc, hn ‘leh theater sat not beaded or @ hostile witness, unjstiably Beeline to execite + Jugal affdavt or refuses without Just cause to make the felevant books, documents, o” other things under is ‘control avaliable for copying authentication, and eventual rodution in cout, the teqesting pary may ava himeei ‘of the issuance of subpoena ad testifoandum or duces Tecum under Rule 21 of te Rules of Court * The rules governing the fsuance of a subpoena to the ‘tess in this case shall be the same as when taklog his postion except thatthe tang of 3 ualela ative shall belunderstseato be ex parte, a) In civil cases- File and serve on the adverse party, personally or by licensed courier service, not later than five days before: * pre-trial or preliminary conference; or * the scheduled hearing with respect to motions and incidents, EVIDENCE seit sate Rile ProcepuRe ens en oe or — ne 2500 the purpose of such testimony at the presenta of te witness 1) The adverse party may move t Sega the the Sct pray of Se ars nd Semis EVI Judicial Affidavit Rule PROCEDURE-Examination of the witness on his Judicial affidavit.— * The adverse party shail have the right to cross- ‘examine the witness on his judicial affidavit and con the exhibits attached to the same. «+ The party who presents the witness may also examine him ag on re-direct. * In-every case, the court shall take active part in ‘examining the witness to determine his cred as well as the truth of his testimony and to elicit the answers that it needs for resolving the issues (Sec. 7}. EVIDENCE Judicial Aff davit Re PROCEDURE-Oralofer afond objections to exhibits. — (2) Upon the termination ofthe testimony of his ast witness, 2 party shall immaiately make an oral offer of evidence of his documentary’ or object wihbis, piece by piece, in thelr

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