Beruflich Dokumente
Kultur Dokumente
1. Define Evidence
Ans:
Evidence is the means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (Sec. 1, Rule 128)
Evidence is a mode and manner of proving competent facts and
circumstances on which a party relies to establish the fact in dispute judicial
proceedings. It is fundamentally a
procedural law.
2. Distinguish ultimate facts from evidentiary facts
Ans:
Ultimate facts (Factum probandum) are important and substantial facts
which either directly form the basis of the primary right and duty, or which directly
make up the wrongful
acts or omissions of the defendant (Tantuico v. Republic,
204 SCRA 428).
It is the essential facts constituting the plaintiffs cause of action. A fact
is essential if it cannot be stricken out without leaving the statement of the
cause insufficient (Villalon v. Buendia, 245 SCRA 599).
Evidentiary facts (factum probans) are those which tend to prove or
establish the ultimate facts (Far East Marble Phil. V. CA, 225 SCRA 249).
Evidentiary facts are those facts which are necessary for the
determination of the ultimate facts; they are the premises on which
conclusions of ultimate are based. They are facts which furnish evidence of
the existence of the facts (Tantuico case).
3. What are the kinds of Evidence?
Ans:
Evidence may be generally classified in the following:
a. Real (object) evidence- it is also known as autoptic evidence. It
refers to knowledge
acquired by the court from inspection
or by direct self-perception or autopsy of
the evidence.
court. (Sec 1, Rule
Ans:
a. An intrinsic ambiguity, mistake or imperfection in the written
agreement;
b. the written failure of the written agreement to express the true
intent and agreement
of the parties thereto;
c. the validity of the written agreement; or
d. the existence of other terms agreed to by the parties or their
successors in interest
after the execution of the written
agreement.
Note: it must be put in issue in his pleading.
16. Who may be a witness?
Ans:
The general rule is that all persons who can perceive, and perceiving
can make known their perception to others, may be witnesses, except as the law
or rules provide otherwise.
Religious or political belief or interest in the
outcome of the case shall not be a ground for
disqualification.
17. Who are disqualified to be a witness?
Ans:
a. Those whose mental condition, at the time of their production for
examination, is
such that they are incapable of intelligent 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;
c. During their marriage, neither the husband nor 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 latters direct
descendants or ascendants;
d. Dead- man rule/statute parties or assignors of parties to a case, or
persons in whose behalf a case is prosecuted, against an executor or administrator
or other representative of a
deceased person, or against a person of unsound
mind, upon a claim or demand against the
estate of such deceased person
or against such person of unsound mind, cannot testify as to any
matter of
fact occurring before the death of such deceased person before such person
because
of unsound mind
e. disqualification by reason of privilege communication
- husband and wife privilege
- Attorney-client privilege
- Physician-patient privilege
- priest-confessant privilege
- disclosure or examination of bank deposits
18. Distinguish admission from confession
Ans:
tend to
accused.