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Evid > FINALS > Flashcards

FINALS Flashcards

1
Q

BURDEN OF PROOF VS BURDEN OF EVID

A

Section 1. Burden of proof and burden of evidence. –

Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence
required by law. Burden of proof never shifts.

Burden of evidence is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case. Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of the case. (1a)

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2
Q

WHO HAS BURDEN OF PROOF?

WHEN BOTH SIDES HAVE EQUAL , CRIM, CIV?

A

PROSECUTION AND PLAINTIFF

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3
Q

WHAT IS EQUIPOSIE

A

If evidence in a case is evenly balanced it must be decided against the party who has burden of proof

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4
Q

JUD NOTICE AND ADMISSION VS PRESUMPTION

A

JN/JA= Do not require presentation of any evidence

PRESUMP = Expects introduction of evidence for the factual foundation to trigger the presumption

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5
Q

INFERENCE VS PRESUMP

A

Inference = based on logic, it is a permissible deduction that a tier of fact may draw from facts that are established accdng to the rules of evidence

Presumption= it is an inference of the existence or non existence of some fact which courts are required or permitted to draw from proof of their facts (relation/common sense/ coincidence )

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6
Q

Conclusive presumptions.

A

Conclusive presumptions. – The following are instances of conclusive presumptions:

(a) Whenever a party has, by his or her own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he or she cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it; and (ESTOPPEL)
(b) The tenant is not permitted to deny the title of his or her landlord at the time of the commencement of the relation of landlord and tenant between them. (2a)

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7
Q

how must witness answer questions?

A
  • done in open court, and
  • under oath or affirmation.

Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answers of the witness shall be given
orally. (1)

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8
Q

Proceedings must be recorded:

A

statements made by the judge or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of shorthand or stenotype or by other means of recording found suitable by the court.

A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him or her, shall be deemed PRIMA FACIE A CORRECT STATEMENT of such proceedings.

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9
Q

RIGHTS AND OBLI OF WITNESS

A

IfDarrenPestersPeterDinkage

Section 3. Rights and obligations of a witness. – A witness must answer questions, although his or her
answer may tend to establish a claim against him or her. However, it is the right of a witness:

(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;
(4) Not to give an answer which will tend to subject him or her to a penalty for an offense unless otherwise provided by law; or
(5) Not to give an answer which will tend to degrade his or her reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness
must answer to the fact of his or her previous final conviction for an offense. (

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10
Q

ORDER OF EXAMINATION

A
  1. Direct exam by proponent
  2. Cross exam by opponent
  3. Re-direct ex by proponent
  4. Re-cross ex by opponent
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11
Q

Lack of basis objection

A

• when statement that’s not on the record is considered as a fact or when statement used as basis of a question is contrary to what’s in the record

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12
Q

Misleading

A

•when one assumes its true when fact has not yet been testified by witness or contrary to what witness said

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13
Q

DIRECT EXAMINATION

A

o Firm grasp of the main lines of the evidence
o LEADINF QUESTIONS ARENT ALLOWED
o Questions must be properly framed by the counsel
o Counsel must adopt the correct sequence of evidence

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14
Q

Trial in isolation

A
  • Public shielded for decency purposes
  • Can be done in the chambers of the judge
  • No objection from the counter party
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15
Q

Oral exam

A

• Required to be done orally and open court
• Xpn
o Incapacitated to speaker question calls for a diff response
 Deaf / dumb= may testify in writing
 Also may take an interpreter , no interpreter is deprivation of fair trial

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16
Q

Live broadcast

A

• Allowed life broadcasting by radio / tv on account of the totality of circumstances test
o To satify the imperative transparent, open public trial

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17
Q

Presence of accused is needed in 4 stages

A

 Arraignment
 Promulgation of judgement (avail remedies appeal, probation, community service… xpn: justifiable reason )
 Identification by prosecution witness of the accused (in trial)
 Execution of a final judgment

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18
Q

TRIAL IN ABSENTIA

A
  • TIA will continue when there is proper notice to the accused and absence is unjustifiable
  • U run, u waive your rights (right to be present)
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19
Q

Doctrine of inordinate delay

A
  • Consti Ar 3 , Sec 16 – right to speedy trial in all courts

* Trial of case is dragging long

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20
Q

Oath and Publicity

A
  • These are safeguards for the solemnity off the ceremony and religious sanction from the vow
  • If oath has not been taken until a certain part  only the oath onwards shall be considered as competent
  • If party fails to object to the taking testimony w/o oath  deemed waived
  • Witness who is recalled need not take oath again
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21
Q

Propriety of repetition

A
  • To make witness to repeat the statement again and again when it is clear that witness has fully answered the question
  • Court can end the line of questioning
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22
Q

NARRATIVE TESTIMONY

A
  • Allowed – child witness

* not allowed in general

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23
Q

Question can be refused

A 
o	Self-incrimination
	right of person not to be compelled to be a witness against himself
	only indiv can invoke not corpo 
	it can be waived, implied or express
	refers to oral declaration

o Self degradation , unless it is the fact in issue
 Witness may not refuse to answer a question that involves a crtime that he was convicted for already –>NO MORE DANGER

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24
Q

Duration of right to cross examine

A

• Under the discretion of the judge

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25
Q

Doctrine of incomplete testimony 775

A
  • when cross exam cant be done or completed dure to causes attributable to the party offering the witness
  • Uncompleted testimony is rendered incompetent
  • Accused given opportunity to cross examine but did not avail = waived his right
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26
Q

•Wigmore 5 occasions that can impede cross exam

A

DerekInvitedRieNicelyForSex

o Witness death /illness
o Refusal to answer of witness
o Witness is not responsive
o Framing the direct examination to prevent adequate cross examination
o Sundry circumstances preventing the cross examination

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27
Q

CROSS EXAMINATION

A
  • Witness has testified in chief , and the discovery of facts which are favorable to the examiner
  • Cross examiner need not indicate the purpose of a particular interrogation he is entitled to reasonable latitude even though he is unable to state in advance the exact facts which may be developed by a reasonable examination
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28
Q

RE DIRECT EXAMINATION

A
  • May give explanation of an answer what he meant in statements and expressions
  • To prevent injustice to the witness and party who presented the witness
  • questions on matters not dealt with during the cross-examination may be allowed by the court in its discretion
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29
Q

RE CROSS EXAMINATION

A
  • Discuss topic opened during re-direct and other matters permitted by the court
  • CANNOT DISCUSS those who were not opened up - Bawal ung di kasama sa facts or ung tapos na
30
Q

Techniques of cross examination

A

• Confrontation
o Confronting witness with damaging facts which he cannot deny
o Even if it fails in destroying , it may still weaken

• Probing
o Inquiring thoroughly in details to discover flaws

•	Insinuation 
o	Bringing out new facts and possibilities 
o	May take form as leading the witness
o	2 forms of insinuation 
	Gentle 
	Firm

• Undermining
o Uses method of other 3
o Purpose is to take away the foundations of evidence by showing:
 Witness does not know what he’s talking abt
 He does know the truth but he cant be trusted to tell the truth

31
Q

LEADING XPNS

A

o During cross examination
 To probe memory

o Question involves prelim matters
 To be quick to lead towards the material facts

o When there is difficulty in obtained answers from the witness (arrogant/ tender of age/ feebleminded deaf mute)
 Lack of power of recollection
 Just to aid to remember

o Unwilling/hostile witness
 When there is attempt to promote bias/interest
 Leading questions as a matter of right in the interest of justice

o Adverse party is on the witness stand

32
Q

Misleading-when allowed

A

• Not allowed by cross examiner unless witness is an expert

33
Q

IMPEACHMENT , DEF

A

• Attack on credibility of witness

* done during CROSS EXAM

34
Q

IMPEACHMENT , ASSUMPTIONS

A
  1. party is bound by on witness
    o Party offering the witness is bound to their testimony
    o Xpns
     Hostile , adverse witness
     Witness was not voluntarily offered but required by law
  2. Impeachment is a matter of right
    o Right of party to impeach a witness that he did not call
35
Q

Modes of impeachment 813

A
  1. Adverse party or witness
    o Contradictory evidence\ = same witness, same case
    o Prior inconsistent statement = Same fact, Same witness, separate trial
    o Evidence of bad character
  2. Parties own witness
    o Goof faith is assumed  Cant attack their own witness
    o Party may not impeach own witness
     When party offers this means that the witness is credible
     XPN
    ➢ Unwilling hostile witness
    o Court declaration for hostility/unwillingness = party is not bound anymore of the evidence from wayward witness
    ➢ Prejudicial witness -BOTH PARTIES CAN IMPEACH
36
Q

IMPEACHMENT, CONCEPT

A

witness cannot be impeached by proof of statement made by others, UNLESS such statements were assented to by the impeached witness in which case they may be put in evidence with the fact of assent

37
Q

Right to inspect writing presented to witness

A
  • Adverse party may examine a writing shown to witness

* It is produced on request

38
Q

STAGES MARKING OF EVID

A
  • Marked-all evidence….cant prop formally offer it
  • Identified
  • Authenticated
  • Formally offered and subject to….
  • Tender of excluded evidence
39
Q

Authentication is pointless when

A

PepperAndSamAteIpisEverySaturday
• Writing is a public docu
• Authenticity and execution has been admitted
• Docu is simply identified
• Ancient docu
• Its immaterial
• Authentication is eliminated by sheer operation of law
• Self authenticated by the contents of the letter wherein the facts are known to the writer
• Authenticated

40
Q

ANCIENT DOCU

A

o Docu is 30+ yrs old
 For convenience
 Period is reckoned from the time offering , BACKWARDS
 From date of execution to day it was offered in evidence

o Produced from a custody in which it would be naturally found genuine

o Unblemished by any alteration or circumstance of suspicion

41
Q

Due execution and authenticity 870

A

• Instrument is not counterfeit or diff from the one executed

42
Q

Proof of signature

A

ParisEnteredEmeraldOfficeCutely

  1. Party or witness
     own sign to authenticate
  2. Eyewitness
    o actually saw them write / sign
  3. Expert or ordinary witness
    o Expert may be direct or circumstantial knowledge
    o Sufficient familiarity is needed – from special relationship w/ author
  4. Comparison
    o Authentication of specimen
    o Authentication of offered exhibit
43
Q

PROOF OF NOTARY

A
  • notatial doc are imbued w/ public interest
  • presump is that it is orig
  • notarial section of court of jurisdiction
44
Q

alteration on a document

A
  • alteration is material when it affects the rights of persons interest in the docu
  • material alteration = speak a diff language from what the douc orig spoke
45
Q

seal

A
  • no diff in sealed or not priv doc , in admissibility

* public docu witll substantially affect the doc w/ no seal

46
Q

documentary evidence in an unofficial language

A
  • only filipino or English
  • official trans must be trpared and / or have an interpreter
  • no trans no objection = waiver and presumption that docu is understood by all
  • trans in appellate courts
47
Q

Section 15. Exclusion and separation of witnesses.

A

NeedyRachelEmbracesSonic

The court, motu proprio or upon motion, shall
order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of
(a) a party who is a NATURAL person,
(b) a duly designated REPRESENTATIVE of a juridical entity which is a party to the case,
(c) a person whose presence is ESSENTIAL to the presentation of the party’s cause, or
(d) a person authorized by a STATUTE to be present.

The court may also cause witnesses to be kept separate and to be prevented from conversing with one another, directly or through intermediaries, until all shall have been examined.

48
Q

Procedure of presentation of docu evidence

A

o Docu to be authenticated
o Docu is marked and identified
o Must be formally offered and shown to adverse party so they can object

49
Q

OFFER OF EVID

A

The statement made by counsel as to what he expects to prove through the witness

50
Q

PRESENTATION OF EVID

A

Putting in as evidence the testimony of the witnesses of docu relevant to the issue

51
Q

QUESTIONS OF ORAL OFFER

A

TiteForTom
o Time of offer
o Form of offer
o Its tenor

52
Q

Time of offer

A

 Testimonial evid = upon calling the witness to the stand

 Docu/ real evid= after the party’s testimonial evidence

53
Q

Absence or flaw of an oral offer

A

Gr: offer is required to be formal and specific

Xpns: MomSavesWallyInIcedJail
1. Matters need not be proved
 Can be jud noticed by court/ or presumptions

  1. Civil case under summary procedure
     barely have an oppo to speak in sp
  2. Common exhibit
     Adpted by the adverse party
  3. Waiver
     Lack of objection from other party
  4. Identification and integration
     If evidence has been already identified by testimonial sponsor and integrated in the record of the case
  5. Joint hearing
     Offer of evidence in one case need not have to offer in another case
54
Q

Time for objection

A
  • Objection is made at the time the evidence is offered

* Grounds must be specified

55
Q

Section 20. Proof of private document[s].

A

SardinesGeneralExcitement

Before any private document offered as authentic is received in evidence, its due execution and authenticity MUST BE PROVE BY ANY of the following means:

(a) By anyone WHO SAW the document executed or written;
(b) By evidence of the GENUINESS of the signature or handwriting of the maker[;] or
(c) By other EVIDENCE showing its due execution and authenticity.

Any other private document need only be identified as that which it is claimed to be.

56
Q

STRIKING OUT OF EVID

A

o answer of witness is not responsive to an unobjectionable question
o where a witness has volunteered statements in such a way that party has not been able to object thereto

56
Q

STRIKING OUT OF EVID

A

o answer of witness is not responsive to an unobjectionable question
o where a witness has volunteered statements in such a way that party has not been able to object thereto

57
Q

RULING OF OBJECTION

A

be given immediately after the objection is made

58
Q

Preponderance of evidence

A
  • Evidence on one side is superior/ has gr8et w8 than the other
  • Evidence is more convincing and worthy of belief
59
Q

LEVEL OF EVID FOR CIVIL, CRIMINAL , ADMIN CASES

A

PREPON

BEYOND REASONABLE DOUBT

SUBSTANTIAL EVID

60
Q

Probable cause

A
  • Actual belief / reasonable ground or suspicion is supported by circumstances
  • Could warrant a cautious man to believe that aa crime have been committed
61
Q

substantial evidence

A

• relevant evidence that a reasonable mind can accept the conclusion

62
Q

Clear convincing evidence

A
  • firm belief that allegation is established

* clear > preponderance

63
Q

Falsus in un, falsus in omnibus

A
  • False as to one thing, false as to all things
  • Convicted for perjury
  • Convicted of willful perjury was not a competent witness in any case
64
Q

Delay

A
  • Delay in prosecuting the offense is not an indication of a fabricated charge and does not necessarily cast doubt on the credibility of the victim
  • SC has taken judicial notice of the natural reticence of witnesses to get involved in the solution of crimes considering the risk to their lives and limbs.
65
Q

Testimony elicited by leading questions

A

• Is of doubtful value/ little probative value

66
Q

Identification

A
  • 1st duty of the prosecution is to prove the identity of the perpetrator, beyond reasonable doubt
  • There can be no conviction even if the commission of the crime us established
67
Q

Power of the court to stop further evidence.

A

– The court may stop the introduction of further
testimony upon any particular point when the evidence upon it is ALREADY SO FULL that more witnesses
to the same point cannot be reasonably expected to be ADDITIONALLY PERSUASIVE. This power shall be
exercised with caution.

68
Q

Power of the court to stop further evidence.

A

The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. This power shall be
exercised with caution.

69
Q

Extrajudicial confession, not sufficient ground for conviction. XPN

A

– An extrajudicial confession

made by an accused shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. (3)

70
Q

CIRCUMSTANTIAL EVIDENCE

A

MayPottedBeans

(a) There is more than one [(1)] circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.

Inferences cannot be based on other inferences.

71
Q

Weight to be given opinion of expert witness, how determined.

A

SingtoRapedArthitOpenly

(a) Whether the opinion is based upon suffi cient facts or data;
(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful to make such determination.

Evid (2 decks)

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