People v.

Malinlin

People v. Matusalem

Originally a case of support

ISSUE: Whether or not the presented evidence is sufficient to prove the paternity

Evidence = Baptismal Certificate, Certificate of Live Birth

SC: There are particular evidence that must be presented in order to prove paternity

under Art. 132 of the Family Code, but she did not present. A Birth Certificate is not conclusive.

Pano kung may picture nung may binyag? Pwede na kaya? No

There must be proof that the putative father had a hand in the procc for Acknowledgement

What do you think would qualify?

Admission of legitimate relation, kasi declaration against interest, DNA

People v Posing

Buy-bust operation, RTC conviction CA affirmed

Accused's Defense, police failed to comply with the chain of custody rule, questioning the
competence

SC: It does not require strict compliance as long as the prosecution was able to protect the
integrity of the trans

There are other compelling evidence

People v. Gani
EO 2 guilty of violation of

Documentary evidence - PDEA report, coordination letter, joint affidavit, inventory of ceased
money, Toxicology report

Denied, they were victims of extortion, failed to produce money demanded from them

RTC - Republic - combined testimonial evidence produce

WHAT IS DOCUMENTARY EVIDENCE?

PWEDE BA GRAVESTONE?

Text on a glass, light refracted ?

Should the contents be comprehensible in order that it? Not necessarily

IF what is material is one sentence, over a filled up paper

5 DOCUMENTS, MIXED COMBINATION OF SIGNED COMPLETELY AND INCOMPLETELY, ARE THEY

ORIGINAL?

PARTIALLY DESTROYED? No. As long as the substance of the contents which are material still
exists, it depends on the use

What if document is now beyond the commerce of man? Pwede pa rin

Allowance

CITIBANK

Creditcard

Obligatoin is 291k, failed to pay, filed collection of sum of money in Makati RT

Original copies of the sales invoice is the best evidence, photocopies are secondary evidence

LOON v POWERMASTER

LAbor case, respondents claim

Evidence Photocopy To prove payment

SC: While the court acknowledges the quasi-judicial procedure, it must still comply minimal
requirement with due process

While it is a quasi judicial body, it is still subject to fairplay, must explain the cause of delay, must
be sufficient that these allegations are true, failed to establish, hence the evidence was
incompetent

DIMAGUILA application for exception, evidence appreciated

Recovery for possession case

Evidence = cadastral map

Objected through best evidence rule

Exception, that certified true copies were presented would be more than sufficient

HWAT IS YOUR UNDERSTANDING OF CALLING

Without the call the evidence is not going to be material to the case

What if disobedience ni the order? If noncompliance resulting to disobedience, moved where

the secondary evidence be presented in court

What is parole evidence?

Is he bound forever by whatever is stipulated? does it deter him from

What is evidence aliunde?

ORTANEZ v CA

Sale of PArcel of Land

Inosente executed 2 deeds of sale

oral agreement precondition for the delivery of the title

before the tile is delivered, the buyer msut comply with

but the lower court favored seller, CA affirmed

Lower court admitted parole eidence which is the existence of the oral agreement

It is now a deed of conditional sale

SC: Reversed, parole evidence is inadmissible on 5 grounds

1. Human memory is not better than a written agreement, it cannot be the basis for the
admission

2. Private respondent relied on one case,

3.Parole evidence would modify/ alter the agreement between them (though was not raised
during the pleading)

4. Intent of parole evidence is to explain, modify but never strike down such agreement, if you
want to just file a direct action

5. There is no ambiguity in the deed of absolute sale

Tehy merely express during the trial, and failed to put in issue the pleading

LAPU-LAPU

Contract of Loan executed allegedly by Elias

Failure to pay, allied bank sent letter of demand

Ruled in favor of him

Lapu-Lapu has solidary liability

ISSUE: WON parole evidence presented by Elias, that the promissory note's agreement that it
will be renewed annually to pay for the loan

SC there is no showing, stipulation that would give the idea on the existence of such agreement
in fact each of the promissory notes have maturity dates

LEOVERAS v VALDEZ

Allot portions of the subject land, later on after the execution of the agreement, Leoveras
secured 2 TCTs one cvering the lot in the agreement, and an additional portion of that was given
not subject to the agreement
Complaint for nullification for the additional square lots obtained by petitioner Leoveras

Leoveras contends that the actual agreement, he who is in actual possession of the WON
allegation of ownership which was not subject of the agreement of the parties can be admissible
in evidence?

SC: NO. The petitioner did not even contend the authenticity of the parties and was only backing
his contention that the affidavit

Such subsequent agreement was spurious because of the discrepancy of the signature of the

The original contract subsists

ELECTRONIC EVIDENCE

What is electronic evidence? Anything coming from use of IT, peripheries thereof like Hard
Drives, the contents thereof.

Fax and Xerox are not Electronic Evidence, E-Mails are considered electronic evidence

Does not create distinction in the proceedings, maybe Quasi-Judicial bodies have different rules

I want you to go over the minimum requirements for an Electronic Evidence be admitted in court
as well as to the authenticity

Ephemeral Evidence - one that is fleeting (pwedeng mawala) text messages

There has to be representation as well, printed copy as well

Video does not constitute electronic evidence, it is object evidence, but if you passed it through
the internet then it is electronic evidence

Pictures are plain object evidence, you need to present the one who took it

E-COMMERCE LAW - Commercial transactions apply

You need electronic evidence rule to complement E-COMMERCE LAW

People vs. Erojas

CHeirs of Sabapan v. Comorposa

Unlawful Detainer, gave credence with certification issue, after the survey of the land, it
remained alienable and was not given to a particualr person, since he owned the land OCCENA
for 60 years

Although only containing a faximile of the signature, it was admissible

Was never contended and was admitted by the Regional Director

TORRES v PAGCORP

Letter of Reconsideration filed through faximile is admissible?

Illegal dismissal with CSC, PAGCOR sent him dismissal letter regarding the alleged fraud in
connection with the - edited a computer program regarding the slot machine, he increased the
chances of winning in the slot machine

Complaint dismissed, the appeal has already been prescribed, since he failed to file a letter of
reconsideration; though he sent a faximile transmission

SC: Mode is not sanctioned in administrative civil cases,

Faximile Transmission is not considered electronic evidence

ANG

ISSUE: Whether Electronic Evidence applies in this text?

(OVERTURNED)

<<People v. Erojas>> IMPORTANT

Text messages should ve proved by the testimony of a person who was a party

Minimum Requirements for admissibility in Criminal Cases

Moved by testimony of a person

Has personal knowledge

We can use it indiscrimnately in Civil and Criminal Cases

Syhunliong v Rivera
P, president of Realty Corp, Rivera is former acctg head manager who resigned

Rivera

WON Text messages falls within the ambit of privileged communication

YES since she was seeking ...

There was no unecessary......

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It could be in the form of one's perception, be known to another with regard to a particular fact

Testifying as to a fact which he has personal knowledge, not necessarily verbal

If it could be demonstrated, it is still considered as testimonial

A mute/deaf would technically be disqualified but is not, not even minority

Varies

#1 Age - the moral standards that we have in us differ in one another

PWEDE BANG JURIDICAL PERSON MAG TESTIFY? GR: NO XPN: Through its officers

WHAT ARE THESE QUALIFICATIONS TO BE A WITNESS? Making that emotion apply to you, as
though it was happening to you, did you comprehend what happened? Ignorance, lack of
education is what affects perception

MORSE CODE? YES

IS THER A LIMINTATION

MARCOS v Heirs of Andress

Ownership of subject property by virtue of affidavit of transfer

Different from the decedent, however when prv

"Expert witness must be disqualified"

All that is requred is that a witness must have all qualifications and none of the disqualifications

Mental Incapacity

What are the parameters

Need for medical report? NO

Pp. v. Malimlim

Rape Case:

Under S29, Mental Incapacity is defined as one who is incapable of intelligently making known
his perception to others

Extended family?

Yes

H was charged with Arson, Maximo moved for the disqualification under Marital Disqualification

There is nothing to preserve, there is no identity of interest

Whetehr the wife should be disqualified?