Beruflich Dokumente
Kultur Dokumente
LOPE E. FEBLE
Dean, MLQU School of Law
The following notes are intended for exclusive use of MLQU 2009 bar
reviewees. All rights reserved.
EVIDENCE
Matters
of judicial
notice
Evidence
introduced
by parties
Judicial
Admission
Exclusionary rule
Object
Best
Evidence
Rule
Documentary
Secondary
Evidence
Rule
Testimonial
Parol
Evidence
Rule
Admission
CharacterHea
Opinion Similar
Testimonial DQ of
and
Rule Acts Rule
Evidence Ru
Privilege Witness
Confession
4
RULES OF EVIDENCE
Relevant
Competent
Exclusionary
Rule
Constitution
Hearsay
Rule
Best
Parol
Evidence
Evidence
Rule
Disqualification
Rule
NOTE: Additional requisite for admissibility for doc & object evidence:
(1) authentication (2) authentication by a competent witness & (3)
formal offer
EXCLUSIONARY RULES
(As to competency)
5
1.
EXCLUSIONARY RULE
(As to competency)
6
Rules on examination of child witness rule
SEXUAL ABUSE SHIELD RULE ALSO KNOWN AS RAPE SHIELD
RULE: The following are inadmissible in any criminal proceeding
involving the alleged child sexual abuse:
1. Evidence offered to prove that the alleged victim engaged in other
sexual behavior;
2. Evidence offered to prove the sexual predisposition of the alleged
victim.
Exception: evidence of specific instance of sexual behavior by the
alleged victim to prove that a person other than the accused was the
source of semen, injury or other physical evidence shall be admissible.
EXCLUSIONARY RULES
( As to competency
)
7
2. Under the Rules of Court
2.1. Mental incapacity or immaturity (Compare with S2, R92)
2.2. Marital or Spousal Disqualification (Alvarez v. Ramirez)
2.3. Dead Mans Statute (Icard v. Masigan)
2.4. Privileged Communication
2.4.1. Husband and Wife
2.4.2. Lawyer-Client (People vs. Sandiganbayan)
2.4.3. Doctor-Patient
2.4.4. Priest-Confessant
2.4.5.Public Interest Privilege
( Neri vs. Senate: Operational Proximity Test and Presidential
Communications Privilege)
Mandatory
1.
2.
3.
4.
5.
6.
7.
8.
9.
Admission by conduct
Offer of compromise
Admission by silence
Res Inter Alios Acta Rule/ Vicarious Admissions
the witnesses attesting that he was the last person seen with the woman
when she was alive, Carlito was arrested within five hours after the
discovery of the cadaver and brought to the police station. The crime
laboratory determined that the woman had been raped. While in the
police custody, Carlito broke down in the presence of an assisting
counsel and orally confessed to the investigator that he had raped and
killed the woman, detailing the acts he had performed up to the
dumping of the body near the creek. He was genuinely remorseful.
During the trial, the State presented the investigator to testify on the
oral confession of Carlito. Is the oral confession admissible as evidence
of guilt?
CONDUCT AS EVIDENCE
12
BAR QUESTION
(1994)
13
Through his lawyer plaintiff A sent to defendant B, through Bs
counsel, a request for admission of certain facts stated therein material
to the case pending between them, B did not reply at all.
On appeal from an adverse decision, A assigned as error the trial
courts disregard of the facts, the admission of which was the subject of
his unanswered request. A contended that as his request for admission
forms part of the records of the case, although not formally submitted
in evidence, and the records do not show that the defendant ever
replied thereto, there was a clear judicial admission by the defendant of
all the material facts stated in the request, and that had the trial court
considered such admissions, it would have been contrary to the
findings of fact. Is the plaintiff correct?
BAR QUESTION
(2003)
14
X and Y were charged of murder. Upon application of the
prosecution, Y was discharged from the information to be utilized as a
state witness. The prosecutor presented Y as witness but forgot to state
the purpose of his testimony much less offer it in evidence. Y testified
that he and X conspired to kill the victim but it was X who actually shot
the victim. The testimony of Y was the only material evidence
establishing the guilt of X. Y was thoroughly cross examined by the
defense counsel. After the prosecution rested its case, the defense filed
a motion for demurrer to evidence based on the following ground: Ys
testimony is not admissible against X pursuant to the rule on res inter
alios acta.
Rule on the motion for demurrer.
RULES ON ELECTRONIC
EVIDENCE
18
What are electronic documents?
MCC Industrial Corp. v. Ssangyong Corp., 17 October 2007 (Nachura, J.) = it does not include fax
transmission unless computer-generated and telexes.
RA 8792 does not make the internet a medium for publishing laws, rules and regulations
( Garcillano vs. House of Rep. Comm on Public Info, 575SCRA170, 2008)
Admissibility/ Applicability
RULES ON ELECTRONIC
EVIDENCE
19
P, a court employee sent text messages to A demanding one million
RULES ON ELECTRONIC
EVIDENCE
20
Q:
RULES ON DNA
EVIDENCE
21
Post-Conviction DNA Testing may be available without need of
If the value of probability of paternity is less than 99.9% the results of the
DNA testing shall be considered as corroborative evidence.
If equivalent to 99.9% or higher, there shall be a disputable presumption
of paternity.
RULES ON SMALL
CLAIMS
22
No evidence shall be allowed during the hearing which was
Requisites:
1.1. Proof of execution and existence
1.2. Cause of unavailability
1.3. Absence of bad faith
2.
Order of presentation
2.1 Copy of original
2.2. Recital of contents of document in some authentic document
2.3. Testimony of witness
PAROL EVIDENCE
RULE
24
Statement of the rule and rationale
When does it apply?
BUSINESS ENTRIES
Two exceptions
Excited utterances
Verbal acts
Reason for exception- truth of the verbal act is irrelevant, what
is impt. is that the statement gives legal significance to the
equivocal act, even if the one uttering the statement did not
mean it to be true.
REGARDING PEDIGREE
COMMON REPUTATION
OFFICIAL RECORDS
Entries were made by a public officer in the performance of his
duties or by a person in the performance of a duty specially
enjoined by law.
Entrant had personal knowledge of the facts stated by him or
such facts were acquired by him from reports made by persons
under a legal duty to submit the same.
Such entries were duly entered in a regular manner in the
official records.
LEARNED TREATISES
COMMERCIAL LIST
OPINION RULE
37
Expert witness
Expert opinions are not ordinarily conclusive; When faced with conflicting expert
opinions, courts give more weight and credence to that which is more complete,
thorough and scientific (Bacalso vs Padigos 552 SCRA 185, 2008)
Ordinary witness, as to :
Handwriting
Identity
Sanity
Witness may also testify on his impressions of the motion, behavior, condition or
appearance
Dencio barged into the house of Marcela, tied her to a chair and robbed
her of assorted pieces of jewelry and money. Dencio then brought Candida,
Marcelas maid, to a bedroom where he raped her. Marcela could hear Candida
crying and leading Huwag, maawa ka sa akin! After raping Candida, Dencio
fled from the house with the loot. Candida untied Marcela and rushed to the
police station about a kilometer away and told the police officer Roberto Maawa
that Dencio had barged into the house of Marcela, tied the latter to a chair and
robbed her of jewelry and money. Candida also related to the police that
despite her please, Dencio raped her. The policemen noticed that Candida was
hysterical and on the verge of collapse. Dencio was charged with robbery with
rape. During the trial, Candida can no longer be located.
If the police officer will testify that he noticed Candida to be hysterical
and on the verge of collapse, would such testimony be considered as opinion,
hence, inadmissible in evidence? Explain.
39
PRESENTATION
OF EVIDENCE
41
PRESENTATION
OF EVIDENCE
When to offer evidence
PRESENTATION OF EVIDENCE
42
2.
3.
Preponderance of evidence
Proof beyond reasonable doubt
Substantial evidence
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