MIDTERM PART 1

Question 1

RULE 128 is the?

Answer 1

General Provisions

Question 2

• is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

Answer 2

EVIDENCE

Question 2

means court

Answer 2

judicial

Question 2

–rules of evidence is only applicable in the

Answer 2

COURT

Question 3

PURPOSE/S OF THE LAW ON EVIDENCE:

Answer 3

1. Prescribes the manner of presenting evidence: as by requiring that it shall be given in open court by one who personally knows the thing to be true, appearing in person, subject to cross-examination; or by allowing it to be given by deposition, taken in such and such a way; and the like;
2. Fixes the qualifications and the privileges of witness, and the mode of examining them;
3. Determines as among probative matters things which are logically and in their nature evidential, what classes of things shall not be received

Question 4

Anti Wire Tapping Law

Answer 4

RA 4200

Question 5

There is _____ only because of evidence.

Answer 5

proof

Question 5

is not evidence itself

Answer 5

proof

Question 5

It is merely the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of evidence.

Answer 5

proof

Question 6

is the effect or result of evidence

Answer 6

proof

Question 7

refers to the degree or kind of evidence which will produce full conviction, or establish the proposition to the satisfaction of the tribunal.

Answer 7

proof

Question 8

is the generic term and “testimony” that of the species.

Answer 8

Evidence

Question 8

is the medium of proof.

Answer 8

evidence

Question 9

– any event or act or condition of things, assumed (for the moment) as happening or existing

Answer 9

FACT

Question 9

is that kind of evidence which, in trial is presented by witnesses verbally

Answer 9

Testimony

Question 9

– a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded

Answer 9

FACT-IN-ISSUE

Question 10

– any fact considered by the tribunal as data to persuade them to reach a reasoned belief upon a probandum

Answer 10

FACT-IN-EVIDENCE

Question 11

– the process of thought by which the tribunal reasons from fact to probandum

Answer 11

INFERENCE

Question 11

– the proposition to be established;

Answer 11

FACTUM PROBANDUM

Question 12

– the remarks of counsel analyzing and pointing out or repudiating the desired inference, for the assistance of the tribunal

Answer 12

ARGUMENTS

Question 13

-That, which a party wants to prove to the court.

E.g.: guilt or innocence; existence of a breach of contract; existence of an obligation; the fact of payment; the injury or damage incurred.

Answer 13

FACTUM PROBANDUM

Question 13

-refers to the ultimate fact to be proven, or the proposition to be established.

Answer 13

FACTUM PROBANDUM

Question 14

– the material evidencing the proposition;

Answer 14

FACTUM PROBANS

Question 15

-conceived of for practical purposes as existent, and is offered as such for the consideration of the tribunal.

Answer 15

FACTUM PROBANS

Question 15

necessarily conceived as hypothetical.

Answer 15

FACTUM PROBANDUM

Question 16

Examples: the written contract; the promissory note to prove the existence of an unpaid debt.

Answer 16

FACTUM PROBANS

Question 17

Example: The eye witness account; the scar to show the wound.

Answer 17

DIRECT EVIDENCE

Question 18

– that which proves the fact in dispute without the aid of any inference or presumption.

Answer 18

DIRECT EVIDENCE

Question 19

– the proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence.

Answer 19

CIRCUMSTANTIAL EVIDENCE

Question 20

example: the original contract, the original Birth Certificate

Answer 20

PRIMARY EVIDENCE OR BEST EVIDENCE

Question 20

– that which affords the greatest certainty of the fact in question

Answer 20

PRIMARY EVIDENCE OR BEST EVIDENCE

Question 20

In circumstantial evidence, how many circumstances?

Answer 20

atleast 3 or more than 3

Question 21

Section 4. CIRCUMSTANTIAL EVIDENCE when sufficient for conviction if:

Answer 21

I. THAT THERE BE MORE THAN ONE CIRCUMSTANCE;

II. THAT THE FACTS FROM WHICH THE INFERENCE ARE DERIVED ARE PROVEN;

III. THE COMBINATION OF ALL THE CIRCUMSTANCES IS SUCH AS TO PRODUCE A CONVICTION BEYOND REASONABLE DOUBT.

Question 22

– that which is necessarily inferior to primary evidence and shows on its face that better evidence exists

Answer 22

SECONDARY EVIDENCE

Question 23

example: photocopy of the original contract, hospital papers

Answer 23

SECONDARY EVIDENCE

Question 24

is not a government or public document, it is a private document issued by the church or different congregations

Answer 24

Baptismal certificate

Question 25

the original of a contract is the best evidence as to its contents; the marriage contract as to the fact of marriage; a receipt as to the fact of payment; the birth certificate as to filiation.

Answer 25

PRIMARY EVIDENCE

Question 26

-when a witness affirms that a fact did or did not occur

Answer 26

POSITIVE EVIDENCE

Question 26

-that affirms the occurrence of an event or existence of a fact, as when a witness declares that there was no fight which took place.

Answer 26

POSITIVE EVIDENCE

Question 27

E.g.: Xerox copies of documents; narration of witnesses as to a written contract.

Answer 27

SECONDARY EVIDENCE

Question 28

• when the evidence denies the occurrence of an event or existence of a fact, as when the accused presents witnesses who testify that the accused was at their party when the crime was committed.

Answer 28

NEGATIVE EVIDENCE

Question 29

• additional evidence of the same kind bearing on the same point.

Answer 29

CUMULATIVE EVIDENCE

Question 29

-Denials and alibi are what kind of evidence?

Answer 29

NEGATIVE EVIDENCE

Question 30

-evidence of the same kind and character as that already given and tends to prove the same proposition

Answer 30

CUMULATIVE EVIDENCE

Question 31

E.g.: testimonies of several eyewitnesses to the same incident.

Answer 31

CUMULATIVE EVIDENCE

Question 32

• additional evidence of a different kind or character but tending to prove the same point.

Answer 32

CORROBORATIVE EVIDENCE

Question 33

-It is evidence which confirms or supports.

Answer 33

CORROBORATIVE EVIDENCE

Question 34

-that which is incontrovertible evidence that when received, the law does not allow to be contradicted

Answer 34

CONCLUSIVE EVIDENCE

Question 35

Thus:
(i) the medico legal certificate describing the injuries to have been caused by a sharp pointed instrument corroborates the statement that the accused used a knife to stab the victim

(ii) the positive results of a paraffin test corroborates the allegation that the person fired a gun and

(iii) the ballistics examination on the gun of the suspect corroborates the statement that he fired his gun at the victim.

Answer 35

CORROBORATIVE EVIDENCE

Question 36

that which, standing alone and uncontradicted, is sufficient to maintain the proposition affirmed.

Answer 36

PRIMA FACIE EVIDENCE

Question 36

-that which suffices for the proof of a particular fact until contradicted and overcome by other evidence

Answer 36

PRIMA FACIE EVIDENCE

Question 37

– may either be:

(i) that which the law does not allow to be contradicted as in judicial admissions or

(b) that the effect of which overwhelms any evidence to the contrary as the DNA profile of a person as the natural father over a denial.

Answer 37

CONCLUSIVE EVIDENCE

Question 38

-In the eyes of the law it is sufficient to establish a fact until it has been disproved, rebutted or contradicted or overcome by contrary proof.

Answer 38

PRIMA FACIE EVIDENCE

Question 38

Example: possession of stolen articles by one who is accused as a thieve.

Answer 38

PRIMA FACIE EVIDENCE

Question 39

at first glance/ impression

Answer 39

PRIMA FACIE EVIDENCE

Question 40

– evidence not excluded by law in a particular case

Answer 40

COMPETENT EVIDENCE

Question 40

– that which has a tendency in reason to establish the probability or improbability of a fact in issue; materiality has been used interchangeably with relevancy

Answer 40

RELEVANT EVIDENCE

Question 41

– signifies that the offered piece of evidence has no probative value

Answer 41

IRRELEVANT EVIDENCE

Question 42

– signifies that an offered witness is not qualified, under the rules of testimonial evidence

Answer 42

INCOMPETENT EVIDENCE

Question 43

– signifies that the offered evidence is excluded by some rule of evidence, no matter what the rule

Answer 43

INADMISSIBLE EVIDENCE

Question 43

– signifies that the offered evidential fact is directed to prove some probandum which is not properly in issue

Answer 43

IMMATERIAL EVIDENCE

Question 44

– the testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons

Answer 44

EXPERT EVIDENCE

Question 44

– that which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party.

Answer 44

REBUTTAL EVIDENCE

Question 44

evidence that will acquit/ exonerate/ establish the innocence of the accused.

Answer 44

EXCULPATORY EVIDENCE

Question 44

– that which is addressed to the sense of the tribunal, as where objects are presented for the inspection of the court.

Answer 44

REAL /OBJECT EVIDENCE

Question 45

• evidence that connect the accused to an event.

Answer 45

INCULPATORY EVIDENCE

Question 45

• evidence that which tend to establish the guilt of the accused.

Answer 45

INCRIMINATING/ INCRIMINATORY EVIDENCE

Question 46

• paper based documents.

Answer 46

DOCUMENTARY EVIDENCE

Question 47

• those consisting of evidence which are addressed to the senses of the court

Answer 47

REAL/OBJECT EVIDENCE

Question 48

• evidence consisting the narration made by a witness under oath.

Answer 48

TESTIMONIAL EVIDENCE

Question 49

As the very materials presented in court consisting of objects, documents or oral narration of witnesses.

Answer 49

EVIDENCE

Question 50

it would refer to providing answers to such questions as who may and who may not be witnesses , what may be allowed as proof, how they are to be presented; what requirements are to be observed, what weight and importance is to be given a certain evidence in relation to other pieces of evidence.

Answer 50

EVIDENCE

Question 50

As a system, process or methodology of proving a fact

Answer 50

EVIDENCE

Question 51

The relevancy of facts, or what sort of facts may be proved in order to establish the existence of the right, or liability defined by substantive law;

Answer 51

RULES OF EVIDENCE

Question 52

The proof of facts, that is what sort of proof is to be given of those facts;

Answer 52

RULES OF EVIDENCE

Question 53

The production of proof of relevant facts, that is who is to give it and how it is to be given, and the effect of improper admission or rejection of evidence.

Answer 53

RULES OF EVIDENCE

Question 53

Any evidence inadmissible according to the laws in force at the time the action accrued, but admissible according to laws in force at the time of the trial, is receivable. (Aldeguer v. Hoskyn, 2 Phil. 500) But this is subject to the constitutional limitation on the enactment of _______

Answer 53

ex post facto laws

Question 54

There is no law which requires that the testimony of a single witness has to be corroborated, except where expressly mandated in determining the value and credibility of evidence.

Answer 54

RULES OF EVIDENCE

Question 54

shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules

Answer 54

rules of evidence

Question 54

must be liberally construed so as not to frustrate substantial justice.

Answer 54

RULES OF EVIDENCE

Question 55

includes that which alters the rules on evidence and receives less or different testimony that that required at the time of the commission of the offense in order to convict the accused.

Answer 55

ex post facto law

Question 56

________ may be waived. When an otherwise objectionable evidence is not objected, the evidence becomes admissible because of waiver.

Answer 56

rules on evidence

Question 56

A contract of insurance requiring the testimony of eyewitness as the only evidence admissible concerning the death of the insured person is ___

Answer 56

valid

Question 57

being components of the Rules of Court, apply only to judicial proceedings.

Answer 57

rules on evidence

Question 58

______ are not bound by the technical rules of evidence. It can accept documents which cannot be admitted in a judicial proceeding where the Rules of Court are strictly observed. It can choose to give weight or disregard such evidence, depending on its trustworthiness.

Answer 58

Administrative agencies

Question 58

If the rule of evidence waived by the parties has been established by law on grounds of public policy, the waiver is ___

Answer 58

void

Question 59

In the field of administrative law, while strict ______ are not applicable to quasi-judicial proceedings, nevertheless, in adducing evidence constitutive of substantial evidence, the basic rule that a mere allegation is not evidence cannot be disregarded. (Marcelo v. Bungubung, 552 SCRA 589)

Answer 59

rules of evidence

Question 60

The _______ do not apply to election cases, land registration, naturalization, and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient. (Section 4, Rule 1)

Answer 60

rules on evidence

Question 60

The _____ (Sec. 34, Rule 132) is not applicable to a case involving a petition for naturalization unless applied by analogy or in a suppletory character and whenever practicable and convenient. Thus, the Court of Appeals may validly consider the documents not earlier formally offered in the trial court, and raised for the first time on appeal. (Ong Chia v. Republic, 328 SCRA 749)

Answer 60

rule on formal offer of evidence

Question 61

The rule on formal offer of evidence (Sec. 34, Rule 132) is not applicable to a case involving a petition for naturalization unless applied by analogy or in a suppletory character and whenever practicable and convenient. Thus, the ______ may validly consider the documents not earlier formally offered in the trial court, and raised for the first time on appeal. (Ong Chia v. Republic, 328 SCRA 749)

Answer 61

Court of Appeals

Question 62

__________ provides that courts, as a rule, are not authorized to consider evidence which has not been formally offered.

Answer 62

Sec. 34, Rule 132

Question 63

____________ may consider evidence, such as documents and affidavits, submitted by the parties for the first time on appeal. Technical rules of evidence are not binding in labor cases.

Answer 63

NLRC (National Labor Relations Commission)

Question 64

The _________-, like other rules of evidence, should not be strictly applied in labor cases.

Answer 64

parol evidence rule

Question 64

Hence, a ________ is not precluded from accepting and evaluating evidence other than, and even contrary to, what is stated in the CBA. (Cirtek Employees Labor Union – FFW v. Cirtek Electronic, 650 SCRA 656)

Answer 64

Labor Arbiter

Question 65

In the Philippine judicial system, there is a ___________ of the official acts of the legislature and these acts cover statutes. Evidence is not required on matters of judicial notice and on matters judicially admitted.

Answer 65

mandatory judicial notice

Question 66

In the Philippine judicial system, there is a mandatory judicial notice of the official acts of the legislature and these acts cover statutes. _______ is not required on matters of judicial notice and on matters judicially admitted.

Answer 66

Evidence

Question 67

is required only when the court has to resolve a question of fact.

Answer 67

Evidence

Question 68

Where no factual issue exists in a case, there is no need to present this because where the case presents a question of law, such question is resolved by the mere application of the relevant statutes or rules of this jurisdiction to which no ____ is required.

Answer 68

Evidence

Question 69

In civil cases, the party having the burden of proof must prove his claim by a?

Answer 69

preponderance of evidence

Question 69

while in criminal cases, the guilt of the accused has to be?

Answer 69

proven beyond reasonable doubt.

Question 70

In _______, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror.

Answer 70

civil cases

Question 71

In ______, except those involving quasi-offenses or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.

Answer 71

criminal cases

Question 72

In ________, the concept of presumption of innocence does not apply and generally there is no presumption for or against a party except in certain cases provided for by law.

Answer 72

civil cases

Question 73

In __________, the accused enjoys the constitutional presumption of innocence.

Answer 73

criminal cases

Question 74

— Evidence is admissible when it:

Answer 74

1. is relevant to the issue or RELEVANCY
2. is not excluded by the law or these rules or COMPETENCY

Question 75

THE TWO AXIOMS OF ADMISSIBILITY:

Answer 75

1. None but facts having rational probative value are admissible;
2. All facts having rational probative value are admissible, unless some specific rule forbids.

Question 76

• the character or quality which any material must necessarily possess for it to be accepted and allowed to be presented or introduced as evidence in court.

Answer 76

ADMISSIBILITY

Question 77

-It answers the question: should the court allow the material to be used as evidence by the party?

Answer 77

ADMISSIBILITY

Question 78

• the value given or significance or impact, or importance given to the material after it has been admitted; its tendency to convince or persuade.

Answer 78

WEIGHT

Question 79

-Hence a particular evidence may be admissible but it has no weight. Conversely, an evidence may be of great weight or importance but it is not admissible.

Answer 79

WEIGHT

Question 80

To admit _____ and not to believe it are not incompatible with each other

Answer 80

evidence

Question 81

The ______ depends on its relevance and competence while the weight of evidence pertains to its tendency to convince and persuade.

Answer 81

admissibility of the evidence

Question 81

The ______ should not be equated with the weight of the evidence.

Answer 81

admissibility of evidence

Question 82

– when the relevance of a piece of evidence is not apparent at the time it is offered but the relevance of which will readily be seen when connected to other pieces of evidence not yet offered

Answer 82

CONDITIONAL ADMISSIBILITY

Question 83

• allows a party to introduce otherwise inadmissible evidence to answer the opposing party’s previous introduction of inadmissible evidence if it would remove any unfair prejudice caused by the admission of the earlier inadmissible evidence

Answer 83

CURATIVE ADMISSIBILITY

Question 84

In our jurisdiction, the ___________ should not be made to apply where the evidence was admitted without objections because the failure to object constitutes waiver of the inadmissibility of the evidence.

Answer 84

principle of curative admissibility

Question 85

In our jurisdiction, ______ not objected to becomes inadmissible

Answer 85

inadmissible evidence

Question 86

-when a material is asked by a party to be admitted as evidence, the party presenting must inform the court of the purpose which the material is intended to serve and the court then admits the material as evidence.

Answer 86

MULTIPLE ADMISSIBILITY

Question 87

may mean either:

(i) the evidence is admissible for several purposes or

(ii) an evidence is not admissible for one purpose but may be admitted for a different purpose if it satisfies all the requirements of the other purpose.

Answer 87

MULTIPLE ADMISSIBILITY

Question 88

-Exclusion as to evidence obtained through mechanical, electronic or other surveillance or intercepting devises. (Intercepted communications)

Answer 88

R.A. 4200 (THE ANTI-WIRE TAPPING LAW)

Question 89

• All facts having rational probative value are admissible unless some specific law or rule forbids.

Answer 89

COMPETENCY

Question 90

declares that evidence is inadmissible if obtained through any of the following ways:

1. By using any device (any device/technology that uses energy) to secretly eavesdrop, overhear, intercept or record any communication or spoken word

Answer 90

R.A 4200

Question 91

-In short the evidence is not excluded by law or rules.

Answer 91

COMPETENCY

Question 92

• the principle which mandates that evidence obtained from an illegal arrest, unreasonable search or coercive investigation, or in violation of a particular law, must be excluded from the trial and will not be admitted as evidence.

Answer 92

THE EXCLUSIONARY RULE PRINCIPLE

Question 93

The principle judges the admissibility of evidence based on HOW the evidence is obtained or acquired and not WHAT the evidence proves.

Answer 93

THE EXCLUSIONARY RULE PRINCIPLE

Question 94

The principle is to be applied only if it is so expressly provided for by the constitution or by a particular law. Even if the manner of obtaining the evidence is in violation of a certain law but the law does not declare that the evidence is inadmissible, then such evidence will be admissible.

Answer 94

THE EXCLUSIONARY RULE PRINCIPLE

Question 95

Evidence will be excluded if it was gained in an illegal arrest, unreasonable search or coercive interrogation, or violation of a particular exclusionary law.

Answer 95

THE DOCTRINE OF THE FRUIT OF THE POISONED TREE

Question 96

The doctrine applies only to secondary or derivative evidence.

Answer 96

THE DOCTRINE OF THE FRUIT OF THE POISONED TREE

Question 96

It is an offshoot of the Exclusionary Rule which applies to primary evidence.

Answer 96

THE DOCTRINE OF THE FRUIT OF THE POISONED TREE

Question 97

It is based on the principle that evidence illegally obtained by the state should not be used to gain other evidence because the original illegally obtained evidence taints all those subsequently obtained.

Answer 97

THE DOCTRINE OF THE FRUIT OF THE POISONED TREE

Question 97

There must first be a primary evidence which is determined to have been illegally obtained then secondary evidence is obtained because of the primary evidence.

Answer 97

THE DOCTRINE OF THE FRUIT OF THE POISONED TREE

Question 98

must have such a relation to the fact in issue as to induce belief in its existence or non-existence.

Answer 98

Evidence

Question 99

________ on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

Answer 99

Evidence

Question 100

• facts or matters which are not in issue.

Answer 100

COLLATERAL MATTERS

Question 100

-Evidence on collateral matters shall __________, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

Answer 100

not be allowed

Question 100

There is no precise and universal test of ________ provided by law.

Answer 100

relevancy

Question 101

-They are not generally allowed to be proven except when relevant.

Answer 101

COLLATERAL MATTERS

Question 102

However, the determination of whether particular evidence is _____ rests largely at the discretion of the court, which must be exercised according to the teachings of logic and everyday experience.

Answer 102

relevant

Question 103

A matter is ______ when it is on a “parallel or diverging line,” merely “additional” or “auxiliary.” (Black’s Law Dictionary)

Answer 103

collateral

Question 104

Evidence on the credibility of witness, or the lack of it, is always ____

Answer 104

relevant

Question 105

is justified only if it was incidental to a lawful arrest.

Answer 105

Warrantless search

Question 106

RULE 129 title is?

Answer 106

What Need Not Be Proved

Question 106

In ________, the Prosecution is not permitted to prove a crime not described in the Information or to prove any aggravating circumstance not alleged in the Information.

Answer 106

criminal cases

Question 107

A Party Can Not Prove What He Did Not Allege

Answer 107

Non Alegata Non Proba

Question 108

Refers to the act of the court in taking cognizance of matters as true or as existing without need of the introduction of evidence, or the authority of the court to accept certain matters as facts even if no evidence of their existence has been presented.

Answer 108

JUDICIAL NOTICE

Question 109

Purpose: To save time, labor and expenses. It is based on expediency and convenience.

Answer 109

JUDICIAL NOTICE

Question 110

— A court shall take judicial notice, without the introduction of evidence

Answer 110

JUDICIAL NOTICE, WHEN MANDATORY.

Question 111

— A court shall take judicial notice, without the introduction of evidence, of:

Answer 111

1. the existence and territorial extent of states, their political history, forms of government and symbol s of nationality,
2. the law of nations,
3. the admiralty and maritime courts of the world and their seals,
4. the political constitution and history of the Philippines,
5. the official acts of legislative, executive and judicial departments of the Philippines,
6. the laws of nature,
7. the measure of time, and
8. the geographical divisions. (1a)

Question 111

3 BRANCHES OF THE GOVERNMENT

Answer 111

LEGISLATIVE
EXECUTIVE
JUDICIARY

Question 112

• coming from the Office of the President

Answer 112

EXECUTIVE

Question 112

• is the Congress

Answer 112

LEGISLATIVE

Question 113

-The solar system, the planets and stars.

Answer 113

THE LAWS OF NATURE

Question 114

-The composition and decay of matter, the birth and period of gestation of human beings. The occurrence of natural phenomenon provided these are constant, immutable and certain, otherwise these occurrences are “freaks of nature”, the changing of the season

Answer 114

THE LAWS OF NATURE

Question 115

-any article for that matter, is not evidence when it is simply marked for identification;

Answer 115

DOCUMENT

Question 116

-it must be formally offered, and the opposing counsel given an opportunity to object to it or to cross-examine the witness called upon to prove or identify it. (Candido v. CA, 253 SCRA 78)

Answer 116

DOCUMENT

Question 116

— A court may take judicial notice of matters which:
1. are of public knowledge, or
2. are capable to unquestionable demonstration, or
3. ought to be known to judges because of their judicial functions. (BAR)

Answer 116

JUDICIAL NOTICE, WHEN DISCRETIONARY.

Question 116

— A court may take judicial notice of matters which:

Answer 116

1. are of public knowledge, or
2. are capable to unquestionable demonstration, or
3. ought to be known to judges because of their judicial functions. (BAR)

Question 117

Are matter subject to discretionary judicial notice are subject or hearing or required the presentation of evidence?

Answer 117

YES

Question 118

– those facts that are so commonly known in the community as to make it unprofitable to require proof, and so certainly known to as make it indisputable among reasonable men.

Answer 118

are of public knowledge

Question 118

1. The matter must be one of common knowledge;
2. The matter must be settled beyond reasonable doubt (if there is any uncertainty about the matter, then evidence must be adduced); and
3. The knowledge must exist within the jurisdiction of the court.

Answer 118

DISCRETIONARY JUDICIAL NOTICE

Question 119

— During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.

Answer 119

SECTION 3. JUDICIAL NOTICE, WHEN HEARING NECESSARY.

Question 119

A ______ cannot take judicial notice of any fact which, in part, is dependent on the existence or non-existence of a fact of which the court has no constructive knowledge. (Expertravel and Tours v. CA, 459 SCRA 147)

Answer 119

court

Question 120

It is well-settled in our jurisdiction that our courts cannot take ________ of foreign laws. Like any other facts, they must be alleged and proved. (Garcia v. Garcia-Recio, 366 SCRA 437) BAR

Answer 120

judicial notice

Question 120

-After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case. (n)

Answer 120

SECTION 3. JUDICIAL NOTICE, WHEN HEARING NECESSARY.

Question 121

The mere personal knowledge of the judge is not the judicial knowledge of the court, and he is not authorized to make his individual knowledge of a fact, not generally or professionally known, as the basis of his action. (State Prosecutors v. Muro, 236 SCRA 505) BAR

T OR F?

Answer 121

TRUE

Question 122

In the absence of proof, the foreign law will be presumed to be the same as the laws of the jurisdiction hearing the case.

Answer 122

Doctrine of processual presumption

Question 123

should take judicial notice of municipal ordinances in force in the municipality in which they sit. (U.S. v. Blanco, 37 Phil. 126)

Answer 123

MUNICIPAL TRIAL COURTS (MTC)

Question 124

-should take judicial notice of municipal ordinances in force in the municipalities within their jurisdiction but only when so required by law.

Answer 124

REGIONAL TRIAL COURT (RTC)

Question 125

cannot take judicial notice of proprietary acts of GOCCs.

Answer 125

Courts

Question 126

admission, VERBAL OR WRITTEN, made by the party in the course of the proceedings in the same case, does not require proof.

Answer 126

JUDICIAL ADMISSIONS.

Question 127

cannot take judicial notice of an administrative regulation or of a statute that is not yet effective

Answer 127

court

Question 128

-The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. (BAR)

Answer 128

JUDICIAL ADMISSIONS.

Question 129

are conclusive and binding to the party making it and he cannot later on present evidence to contradict it.

Answer 129

JUDICIAL ADMISSIONS.

Question 130

maybe contradicted only by showing that it was made though:
1. Palpable mistake; and
2. No such admission was made

Answer 130

judicial admission

Question 130

Hayagang kamalian

Answer 130

palpable mistake

Question 130

WHERE JUDICIAL ADMISSION ARE MADE:

Answer 130

1. IN THE PLEADINGS;
2. DURING THE TRIAL, EITHER BY VERBAL OR WRITTEN MANIFESTATIONS OR STIPULATIONS;
3. IN OTHER STAGES OF THE JUDICIAL PROCEEDING.

Question 131

If signed by the party, it is deemed an _________. If signed by the attorney, it is not even an admission by the party (Jackson v, Schine Lexington Corp) BAR

Answer 131

extrajudicial admission

Question 131

An admission made in a document drafter for purposes of filing a pleading but never filed is not a ____

Answer 131

judicial admission.

Question 132

The admission in the superseded pleading are to be considered as

Answer 132

EXTRAJUDICIAL ADMISSION

Question 132

Admissions obtained through depositions, written interrogatories or requests for admission are also considered

Answer 132

judicial admissions

Question 133

Admissions by a counsel are generally _________ upon a client

Answer 133

conclusive

Question 133

Despite the presence of judicial admission, the ________ is still given leeway to consider other evidence presented because said admission may not necessarily prevail over documentary evidence (Asean Pacific Planners v. City of Urdaneta, 566 SCRA 219)

Answer 133

trial court

Question 133

RULE 130 TITLE?

Answer 133

RULES OF ADMISSIBILITY

Question 134

Where the physical evidence runs counter to the testimonial evidence, the ________ should prevail.

Answer 134

physical evidence

Question 134

are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. (1a)

Answer 134

OBJECT (REAL) EVIDENCE

Question 135

• going out of the courtroom to observe places and objects

Answer 135

VIEW

Question 136

• are things that represents the real object evidence

Answer 136

DEMONSTRATIVE EVIDENCE

Question 137

BASIC REQUISITES FOR THE ADMISSIBILITY OF AN OBJECT OR REAL EVIDENCE:

Answer 137

1. THE EVIDENCE MUST BE RELEVANT;
2. THE EVIDENCE MUST BE AUTHENTICATED;
3. THE AUTHENTICATION MUST BE MADE BY A COMPETENT WITNESS; AND
4. THE OBJECT MUST BE FORMALLY OFFERED IN EVIDENCE.

Question 138

The right against self-incrimination finds no application in a case where _________ is offered as evidence because no testimonial compulsion was involved. (People v. Malimit, 264 SCRA 167) BAR

Answer 138

object or real evidence

Question 139

CATEGORIES OF OBJECT EVIDENCE:

Answer 139

UNIQUE OBJECTS
OBJECTS MADE UNIQUE
NON-UNIQUE OBJECTS

Question 140

Object that are readily identifiable

Answer 140

UNIQUE OBJECTS

Question 141

Objects that are made readily identifiable

Answer 141

OBJECTS MADE UNIQUE

Question 142

Objects with no identifying marks and cannot be marked

Answer 142

NON-UNIQUE OBJECTS

Question 143

The _____ is not required to elicit testimony from every custodian or every person who had an opportunity to come in contact with the evidence sought to be admitted. As long as one of the “chains” testifies and his testimony negates the possibility of tampering and that the integrity of the evidence is preserved, his testimony alone is adequate to prove chain of custody.

Answer 143

prosecution

Question 143

• a method of authenticating evidence which requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be

Answer 143

CHAIN OF CUSTODY RULE

Question 144

• the duly recorded authorized movements and custody of seized drugs of controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court of destruction.

Answer 144

CHAIN OF CUSTODY

Question 145

4 STEPS OF CHAIN RULE CUSTODY

Answer 145

1. SELLER TO THE BUYER (POSEUR BUYER)
2. POSEUR BUYER TO THE INVESTIGATOR
3. INVESTIGATOR TO THE LABORATORY
4. CHEMIST TO THE COURT

Question 146

there is an EXCHANGE OF ITEM and EXCHANGE OF MONEY

Answer 146

SELLER TO THE BUYER

Question 147

–they will conduct quantitative examination wherein gaano ka bigat or ilang grams and qualitative examination ay what are the contents

Answer 147

INVESTIGATOR TO THE LABORATORY

Question 148

HOW MANY YEARS DOES DRUGS STAY ON HAIR

Answer 148

10 YRS

Question 149

HOW MANY DAYS DOES DRUGS STAY ON URINE

Answer 149

3 TO 5 DAYS