MIDTERM PART 1 Flashcards
1
Q
RULE 128 is the?
A
General Provisions
2
Q
- is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
A
EVIDENCE
2
Q
means court
A
judicial
2
Q
–rules of evidence is only applicable in the
A
COURT
3
Q
PURPOSE/S OF THE LAW ON EVIDENCE:
A
- 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;
- Fixes the qualifications and the privileges of witness, and the mode of examining them;
- Determines as among probative matters things which are logically and in their nature evidential, what classes of things shall not be received
4
Q
Anti Wire Tapping Law
A
RA 4200
5
Q
There is _____ only because of evidence.
A
proof
5
Q
is not evidence itself
A
proof
5
Q
It is merely the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of evidence.
A
proof
6
Q
is the effect or result of evidence
A
proof
7
Q
refers to the degree or kind of evidence which will produce full conviction, or establish the proposition to the satisfaction of the tribunal.
A
proof
8
Q
is the generic term and “testimony” that of the species.
A
Evidence
8
Q
is the medium of proof.
A
evidence
9
Q
– any event or act or condition of things, assumed (for the moment) as happening or existing
A
FACT
9
Q
is that kind of evidence which, in trial is presented by witnesses verbally
A
Testimony
9
Q
– a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded
A
FACT-IN-ISSUE
10
Q
– any fact considered by the tribunal as data to persuade them to reach a reasoned belief upon a probandum
A
FACT-IN-EVIDENCE
11
Q
– the process of thought by which the tribunal reasons from fact to probandum
A
INFERENCE
11
Q
– the proposition to be established;
A
FACTUM PROBANDUM
12
Q
– the remarks of counsel analyzing and pointing out or repudiating the desired inference, for the assistance of the tribunal
A
ARGUMENTS
13
Q
-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.
A
FACTUM PROBANDUM
13
Q
-refers to the ultimate fact to be proven, or the proposition to be established.
A
FACTUM PROBANDUM
14
Q
– the material evidencing the proposition;
A
FACTUM PROBANS
15
Q
-conceived of for practical purposes as existent, and is offered as such for the consideration of the tribunal.
A
FACTUM PROBANS
15
necessarily conceived as hypothetical.
FACTUM PROBANDUM
16
Examples: the written contract; the promissory note to prove the existence of an unpaid debt.
FACTUM PROBANS
17
Example: The eye witness account; the scar to show the wound.
DIRECT EVIDENCE
18
– that which proves the fact in dispute without the aid of any inference or presumption.
DIRECT EVIDENCE
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.
CIRCUMSTANTIAL EVIDENCE
20
example: the original contract, the original Birth Certificate
PRIMARY EVIDENCE OR BEST EVIDENCE
20
– that which affords the greatest certainty of the fact in question
PRIMARY EVIDENCE OR BEST EVIDENCE
20
In circumstantial evidence, how many circumstances?
atleast 3 or more than 3
21
Section 4. CIRCUMSTANTIAL EVIDENCE when sufficient for conviction if:
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.
22
– that which is necessarily inferior to primary evidence and shows on its face that better evidence exists
SECONDARY EVIDENCE
23
example: photocopy of the original contract, hospital papers
SECONDARY EVIDENCE
24
is not a government or public document, it is a private document issued by the church or different congregations
Baptismal certificate
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.
PRIMARY EVIDENCE
26
-when a witness affirms that a fact did or did not occur
POSITIVE EVIDENCE
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.
POSITIVE EVIDENCE
27
E.g.: Xerox copies of documents; narration of witnesses as to a written contract.
SECONDARY EVIDENCE
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.
NEGATIVE EVIDENCE
29
- additional evidence of the same kind bearing on the same point.
CUMULATIVE EVIDENCE
29
-Denials and alibi are what kind of evidence?
NEGATIVE EVIDENCE
30
-evidence of the same kind and character as that already given and tends to prove the same proposition
CUMULATIVE EVIDENCE
31
E.g.: testimonies of several eyewitnesses to the same incident.
CUMULATIVE EVIDENCE
32
- additional evidence of a different kind or character but tending to prove the same point.
CORROBORATIVE EVIDENCE
33
-It is evidence which confirms or supports.
CORROBORATIVE EVIDENCE
34
-that which is incontrovertible evidence that when received, the law does not allow to be contradicted
CONCLUSIVE EVIDENCE
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.
CORROBORATIVE EVIDENCE
36
that which, standing alone and uncontradicted, is sufficient to maintain the proposition affirmed.
PRIMA FACIE EVIDENCE
36
-that which suffices for the proof of a particular fact until contradicted and overcome by other evidence
PRIMA FACIE EVIDENCE
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.
CONCLUSIVE EVIDENCE
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.
PRIMA FACIE EVIDENCE
38
Example: possession of stolen articles by one who is accused as a thieve.
PRIMA FACIE EVIDENCE
39
at first glance/ impression
PRIMA FACIE EVIDENCE
40
– evidence not excluded by law in a particular case
COMPETENT EVIDENCE
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
RELEVANT EVIDENCE
41
– signifies that the offered piece of evidence has no probative value
IRRELEVANT EVIDENCE
42
– signifies that an offered witness is not qualified, under the rules of testimonial evidence
INCOMPETENT EVIDENCE
43
– signifies that the offered evidence is excluded by some rule of evidence, no matter what the rule
INADMISSIBLE EVIDENCE
43
– signifies that the offered evidential fact is directed to prove some probandum which is not properly in issue
IMMATERIAL EVIDENCE
44
– the testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons
EXPERT EVIDENCE
44
– that which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party.
REBUTTAL EVIDENCE
44
evidence that will acquit/ exonerate/ establish the innocence of the accused.
EXCULPATORY EVIDENCE
44
– that which is addressed to the sense of the tribunal, as where objects are presented for the inspection of the court.
REAL /OBJECT EVIDENCE
45
- evidence that connect the accused to an event.
INCULPATORY EVIDENCE
45
- evidence that which tend to establish the guilt of the accused.
INCRIMINATING/ INCRIMINATORY EVIDENCE
46
- paper based documents.
DOCUMENTARY EVIDENCE
47
- those consisting of evidence which are addressed to the senses of the court
REAL/OBJECT EVIDENCE
48
- evidence consisting the narration made by a witness under oath.
TESTIMONIAL EVIDENCE
49
As the very materials presented in court consisting of objects, documents or oral narration of witnesses.
EVIDENCE
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.
EVIDENCE
50
As a system, process or methodology of proving a fact
EVIDENCE
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;
RULES OF EVIDENCE
52
The proof of facts, that is what sort of proof is to be given of those facts;
RULES OF EVIDENCE
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.
RULES OF EVIDENCE
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 _______
ex post facto laws
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.
RULES OF EVIDENCE
54
shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules
rules of evidence
54
must be liberally construed so as not to frustrate substantial justice.
RULES OF EVIDENCE
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.
ex post facto law
56
________ may be waived. When an otherwise objectionable evidence is not objected, the evidence becomes admissible because of waiver.
rules on evidence
56
A contract of insurance requiring the testimony of eyewitness as the only evidence admissible concerning the death of the insured person is ___
valid
57
being components of the Rules of Court, apply only to judicial proceedings.
rules on evidence
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.
Administrative agencies
58
If the rule of evidence waived by the parties has been established by law on grounds of public policy, the waiver is ___
void
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)
rules of evidence
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)
rules on evidence
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)
rule on formal offer of evidence
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)
Court of Appeals
62
__________ provides that courts, as a rule, are not authorized to consider evidence which has not been formally offered.
Sec. 34, Rule 132
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.
NLRC (National Labor Relations Commission)
64
The _________-, like other rules of evidence, should not be strictly applied in labor cases.
parol evidence rule
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)
Labor Arbiter
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.
mandatory judicial notice
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.
Evidence
67
is required only when the court has to resolve a question of fact.
Evidence
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.
Evidence
69
In civil cases, the party having the burden of proof must prove his claim by a?
preponderance of evidence
69
while in criminal cases, the guilt of the accused has to be?
proven beyond reasonable doubt.
70
In _______, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror.
civil cases
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.
criminal cases
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.
civil cases
73
In __________, the accused enjoys the constitutional presumption of innocence.
criminal cases
74
— Evidence is admissible when it:
1. is relevant to the issue or RELEVANCY
2. is not excluded by the law or these rules or COMPETENCY
75
THE TWO AXIOMS OF ADMISSIBILITY:
1. None but facts having rational probative value are admissible;
2. All facts having rational probative value are admissible, unless some specific rule forbids.
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.
ADMISSIBILITY
77
-It answers the question: should the court allow the material to be used as evidence by the party?
ADMISSIBILITY
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.
WEIGHT
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.
WEIGHT
80
To admit _____ and not to believe it are not incompatible with each other
evidence
81
The ______ depends on its relevance and competence while the weight of evidence pertains to its tendency to convince and persuade.
admissibility of the evidence
81
The ______ should not be equated with the weight of the evidence.
admissibility of evidence
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
CONDITIONAL ADMISSIBILITY
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
CURATIVE ADMISSIBILITY
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.
principle of curative admissibility
85
In our jurisdiction, ______ not objected to becomes inadmissible
inadmissible evidence
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.
MULTIPLE ADMISSIBILITY
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.
MULTIPLE ADMISSIBILITY
88
-Exclusion as to evidence obtained through mechanical, electronic or other surveillance or intercepting devises. (Intercepted communications)
R.A. 4200 (THE ANTI-WIRE TAPPING LAW)
89
- All facts having rational probative value are admissible unless some specific law or rule forbids.
COMPETENCY
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
R.A 4200
91
-In short the evidence is not excluded by law or rules.
COMPETENCY
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.
THE EXCLUSIONARY RULE PRINCIPLE
93
The principle judges the admissibility of evidence based on HOW the evidence is obtained or acquired and not WHAT the evidence proves.
THE EXCLUSIONARY RULE PRINCIPLE
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.
THE EXCLUSIONARY RULE PRINCIPLE
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.
THE DOCTRINE OF THE FRUIT OF THE POISONED TREE
96
The doctrine applies only to secondary or derivative evidence.
THE DOCTRINE OF THE FRUIT OF THE POISONED TREE
96
It is an offshoot of the Exclusionary Rule which applies to primary evidence.
THE DOCTRINE OF THE FRUIT OF THE POISONED TREE
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.
THE DOCTRINE OF THE FRUIT OF THE POISONED TREE
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.
THE DOCTRINE OF THE FRUIT OF THE POISONED TREE
98
must have such a relation to the fact in issue as to induce belief in its existence or non-existence.
Evidence
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.
Evidence
100
- facts or matters which are not in issue.
COLLATERAL MATTERS
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.
not be allowed
100
There is no precise and universal test of ________ provided by law.
relevancy
101
-They are not generally allowed to be proven except when relevant.
COLLATERAL MATTERS
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.
relevant
103
A matter is ______ when it is on a “parallel or diverging line,” merely “additional” or “auxiliary.” (Black’s Law Dictionary)
collateral
104
Evidence on the credibility of witness, or the lack of it, is always ____
relevant
105
is justified only if it was incidental to a lawful arrest.
Warrantless search
106
RULE 129 title is?
What Need Not Be Proved
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.
criminal cases
107
A Party Can Not Prove What He Did Not Allege
Non Alegata Non Proba
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.
JUDICIAL NOTICE
109
Purpose: To save time, labor and expenses. It is based on expediency and convenience.
JUDICIAL NOTICE
110
— A court shall take judicial notice, without the introduction of evidence
JUDICIAL NOTICE, WHEN MANDATORY.
111
— A court shall take judicial notice, without the introduction of evidence, of:
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)
111
3 BRANCHES OF THE GOVERNMENT
LEGISLATIVE
EXECUTIVE
JUDICIARY
112
- coming from the Office of the President
EXECUTIVE
112
- is the Congress
LEGISLATIVE
113
-The solar system, the planets and stars.
THE LAWS OF NATURE
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
THE LAWS OF NATURE
115
-any article for that matter, is not evidence when it is simply marked for identification;
DOCUMENT
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)
DOCUMENT
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)
JUDICIAL NOTICE, WHEN DISCRETIONARY.
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)
117
Are matter subject to discretionary judicial notice are subject or hearing or required the presentation of evidence?
YES
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.
are of public knowledge
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.
DISCRETIONARY JUDICIAL NOTICE
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.
SECTION 3. JUDICIAL NOTICE, WHEN HEARING NECESSARY.
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)
court
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
judicial notice
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)
SECTION 3. JUDICIAL NOTICE, WHEN HEARING NECESSARY.
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?
TRUE
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.
Doctrine of processual presumption
123
should take judicial notice of municipal ordinances in force in the municipality in which they sit. (U.S. v. Blanco, 37 Phil. 126)
MUNICIPAL TRIAL COURTS (MTC)
124
-should take judicial notice of municipal ordinances in force in the municipalities within their jurisdiction but only when so required by law.
REGIONAL TRIAL COURT (RTC)
125
cannot take judicial notice of proprietary acts of GOCCs.
Courts
126
admission, VERBAL OR WRITTEN, made by the party in the course of the proceedings in the same case, does not require proof.
JUDICIAL ADMISSIONS.
127
cannot take judicial notice of an administrative regulation or of a statute that is not yet effective
court
128
-The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. (BAR)
JUDICIAL ADMISSIONS.
129
are conclusive and binding to the party making it and he cannot later on present evidence to contradict it.
JUDICIAL ADMISSIONS.
130
maybe contradicted only by showing that it was made though:
1. Palpable mistake; and
2. No such admission was made
judicial admission
130
Hayagang kamalian
palpable mistake
130
WHERE JUDICIAL ADMISSION ARE MADE:
1. IN THE PLEADINGS;
2. DURING THE TRIAL, EITHER BY VERBAL OR WRITTEN MANIFESTATIONS OR STIPULATIONS;
3. IN OTHER STAGES OF THE JUDICIAL PROCEEDING.
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
extrajudicial admission
131
An admission made in a document drafter for purposes of filing a pleading but never filed is not a ____
judicial admission.
132
The admission in the superseded pleading are to be considered as
EXTRAJUDICIAL ADMISSION
132
Admissions obtained through depositions, written interrogatories or requests for admission are also considered
judicial admissions
133
Admissions by a counsel are generally _________ upon a client
conclusive
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)
trial court
133
RULE 130 TITLE?
RULES OF ADMISSIBILITY
134
Where the physical evidence runs counter to the testimonial evidence, the ________ should prevail.
physical evidence
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)
OBJECT (REAL) EVIDENCE
135
- going out of the courtroom to observe places and objects
VIEW
136
- are things that represents the real object evidence
DEMONSTRATIVE EVIDENCE
137
BASIC REQUISITES FOR THE ADMISSIBILITY OF AN OBJECT OR REAL EVIDENCE:
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.
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
object or real evidence
139
CATEGORIES OF OBJECT EVIDENCE:
UNIQUE OBJECTS
OBJECTS MADE UNIQUE
NON-UNIQUE OBJECTS
140
Object that are readily identifiable
UNIQUE OBJECTS
141
Objects that are made readily identifiable
OBJECTS MADE UNIQUE
142
Objects with no identifying marks and cannot be marked
NON-UNIQUE OBJECTS
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.
prosecution
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
CHAIN OF CUSTODY RULE
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.
CHAIN OF CUSTODY
145
4 STEPS OF CHAIN RULE CUSTODY
1. SELLER TO THE BUYER (POSEUR BUYER)
2. POSEUR BUYER TO THE INVESTIGATOR
3. INVESTIGATOR TO THE LABORATORY
4. CHEMIST TO THE COURT
146
there is an EXCHANGE OF ITEM and EXCHANGE OF MONEY
SELLER TO THE BUYER
147
--they will conduct quantitative examination wherein gaano ka bigat or ilang grams and qualitative examination ay what are the contents
INVESTIGATOR TO THE LABORATORY
148
HOW MANY YEARS DOES DRUGS STAY ON HAIR
10 YRS
149
HOW MANY DAYS DOES DRUGS STAY ON URINE
3 TO 5 DAYS
