Midterms Flashcards
Judicial Notice Mandatory
- Existence and territorial extent of states;
- Their political history, forms of government, and symbols of nationality;
- Law of nations;
- Admiralty and maritime courts of the world and their seals;
- Political constitution and history of the Philippines;
- Official acts of the legislative, executive and judicial departments of the National Government of the Philippines
- Laws of nature;
- Measure of time; and
- Geographical divisions
Judicial Notice Discretionary
- Matters of public knowledge;
- Matters capable of unquestionable demonstration; and
- Matters ought to be known to judges because of their judicial functions
Req of Jud. Notice Discretionary
The matter must be one of common and general knowledge;
- It must be well and authoritatively settled and not doubtful or uncertain;
- It must be known to be within the limits of the jurisdiction of the court
Jud Notice: What stages
During the trial: the Court may announce its intention to take judicial notice of any matter and may hear the parties thereon.
After trial but before judgment or on appeal: the Court 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
Jud Notice: Hearing when necessary
- Presentation of information- afford parties reasonable opportunities to present info
- Presentation of evidence – to ascertain certain facts in question
Jud. admission
An admission, oral or written,
made by [the] party in the course of the
proceedings in the same case,
does not require proof.
The admission may be contradicted only by showing
that it was made through palpable mistake or that the imputed admission was not, in fact, made.
Object Evid
Objects as evidence 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
Documentary Evid
consist of writings, recordings, photographs
or any material containing letters, words, sounds, numbers, fi gures, symbols, or their equivalent, or
other modes of written expression off ered as proof of their contents
JUD AD : WAIVER OF PROOF
Waiver of proof- a party who judicially admits a fact cannot later challenge a fact since a judicial admission is a waiver of proof ….any position contrary to what had been admitted shall be ignored
THEORY OF ADOPTIVE ADMISSION
When a party- expressly agrees on a statement made by another . repeats it, utters acceptance, builds upon assertions, replies rebuttals etc
Adoptive admission may occur in 2 ways
•Conduct manifesting a party’s belief in the truthfulness of the statement
-Party may adopt statements w/o knowing its content
•By a parties failure to refute an accusatory statement
-Extrajudicial admission (r130, sec 33)
XPN TO BEST EVID RULE
DESTROY, CUSTODY IN ADVERSE, SUMMARIES, CUSTODY PUBLIC OFFICER, & NOT CLOSE TO ISSUE
a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part of the off eror;
(b) When the original is in the custody or under the control of the party against whom the evidence is off ered, and the latter fails to produce it after reasonable notice, or the original cannot be obtained by local judicial processes or procedures;
(c) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole;
(d) When the original is a public record in the custody of a public officer or is recorded in a
public office; and
(e) When the original is not closely-related to a controlling issue.
BEST EVID RULE
no evidence is admissible other than the
original document itself
Theory of indivisibility of the document
Whole of the document must be considered
fortiefies the necessity of appreciating the entire document
BER REQS
Best Evidence Rule
- Evid must come through proper connections
- The evidence must be the original not derivative
- The evidence must have an open, visible, clear connection with the fact to be proved
COLLATERAL FACTS RULE
• If the contents of the documents do not form part of or are merely incidental to the issues in a legal dispute between the parties , it is futile to insist for the production of the original
INTENTIONAL DESTRUCTION OF ORIGINAL
Intentional destruction of original 244
• If the loss or destruction of the instrument is shown to have been intentional and for the purpose of making it unavailable at the trial, secondary evidence would be inadmissible
SECONDARY EVID
• Can be used instead of the original, if preconditions for reception thereof are justifies by circumstances to supplant the non-production of the writing itself
PAROL EVID RULE
is considered as containing all the terms agreed upon and there can be, as between the
parties and their successors in interest, no evidence of such terms other than the contents of the written
agreement.
WITNESS
Witnesses; their qualifications. – All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses. (20a)
Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless
otherwise provided by law, shall not be a ground for disqualification.
CHAIN OF CUSTODY
As a general rule, four links in the chain of custody of the confiscated item must be
established:
• first, the seizure and marking, if practicable, of the illegal drug recovered from the accused by the apprehending officer;
• second, the turnover of the illegal drug seized by the apprehending officer to the investigating officer;
• third, the turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and
• fourth, the turnover and submission of the marked illegal drug seized from the forensic chemist to the court
Falsification and libel: BER
NEED. since it is material to fact in issue which is the originality of the document in question
A duplicate is admissible to the same extent as an original unless
(1) a genuine question is raised as to the authenticity of the original, or
(2) in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original.
DUPLICATE
counterpart produced by the same impression as the original,
or from the same matrix,
or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.
ORIGINAL
is the document itself or any counterpart intended to have the same
effect by a person executing or issuing it
Effect of noncompliance with org document rule
OFFEROR - offered can be excluded upon timely objected from the adverse party
ADVERSE- party can hardly account for it, as when the original is in the custody of the adverse party
prove the loss or destruction of the original
through direct or circumstantial evidence
Written vs printed ? inconsistency
Written
Order of proof of destroyed original
- Existence of the Original
- Execution of the original
- Loss , Destruction and the reason
- Efforts exerted to retrieve the original
- Contents if the original by a copy or an authentic document or testimony of witness in the order stated
quantum of secondary evid
• Leave no reasonable doubt as to the substantial parts of the paper but while clear as satisfactory proof should be given of the contents of lost instruments
XPN TO PAROL EVID
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.
elements of verbal representation
- Observation – witness must know something
- Recollection- witness must recall the impressions
- Communication- witness must be able to communicate his recollection to the tribunal
Legal fitness of a witness
- Sensible and aware of the incident
* Can communicate to others
Disqualified Witnesses (2019)
- Want of personal knowledge
- Spousal immunity
- Privileged communication
- Parental and filial privileged
- Privileged trade secrets
SPOUSAL IMMUNITY REQ AND XPN
- Valid marriage
- Marriage is existing
- Other spouse is the party to the action
- The civil or criminal case is not by one against another or the latter’s direct descendants or ascendants
XPN
o Necessity
o Civil or criminal case by a spouse against the other or direct descendants or ascendants of the other spouse
PRIVILEDGED COMM REQ
- Communication must originate in a confidence that will not be disclosed
- This element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties
- The relation must be one which in the opinion of the community ought to be sedulously fostered
- The injury that would inure to the relation by the disclosure of the communications must be greater than the benefit thereby gained for the correct disposal of litigation
MARITAL PRIV REQ
- A valid marital relation
- Confidential message between the spouses during the marriage
- Absence of consent from the spouse against whom testimony is given
- Civil or criminal case is not by one against the other or the latter’s direct descendants or ascendants
ATTY CLIENT PRIV REQ
- An attorney and client relation or reasonable belief by the client that a person is licensed to engage in the practice of the law
- Confidential communication that transpired in the course of professional employment
- Absence of consent from the client to the attorney’s testimony or absence of consent of both the client and the employer, in the event it is the attorney’s secretary, stenographer or clerk, or other person assisting the attorney who is sought to be examined
ATTY CLIENT PRIV XPNS
Crime Fraud Cases
o If future crime, priv not applicable
o If not committed not applicable
Claimants through identical deceased client
o FutUr client is claiming same thing dead client is
Breach of duty by lawyer of client
- To defend themselves this rule can be ignored
Document attested by the lawyer
-Coz lawyer never rendered service
-PUblic docu and docu is executed
Joint clients
-2 clients on 1 case
-Lawyer needs to share info to other client for mutual interests
PHYSICIAN PATIENT PRIV
(Prerequisites)
• The physician is authorized to practice medicine or psychotherapy , or client has reasonable belief
• The confidential communication was acquired for diagnosis or treatment of the patient’s physical, mental , or emotional condition including alcohol or drug addiction
• Privilege is invoked in a civil case
PHYSICIAN PATIENT PRIV
- The physician is authorized to practice medicine or psychotherapy , or client has reasonable belief
- The confidential communication was acquired for diagnosis or treatment of the patient’s physical, mental , or emotional condition including alcohol or drug addiction
- Privilege is invoked in a civil case
PREIST - PENTINENT REQ
- The communication must have been relayed to the minister , priest or person reasonably believed to be so by affected person , consistent with the pious duty enjoined in the course of religious disciple to which the minister or priest belongs
- The confidential communication or confession or advice was given in a professional character
PUBLIC OFFICER PRIV (REQ)
Requisites)
• It was made to a public officer in confidence
• Public interest , as determined by the court , would suffer by the disclosure of such communication made during or after his tenure
Parental and filial privilege
- No descendant can be compelled to testify against his parents and ascendants
- Designed to preserve “family cohesion
TRADE SECRETS PRIV
- Of resonance to trade secrets are the provisions on Unfair Competition
- When constrained to reveal trade secrets , the courts must utilize measures to protect the owner of the trade secrets and of the parties , as justice may require
UNFAIR COMPETITION
o It must involve an injury to a competitor or trade rival
o It must involve acts which characterized as “contrary to good conscience “ or “shocking to judicial sensibilities “ or otherwise unlawful in the language of our law.
ADMISSION
Applied to civil transactions and matters of fact in criminal cases not involving criminal intent
CONFESSION
Acknowledgements of guilt in criminal cases
DECLARATION AGAINST INTEREST
In the nature of secondary evidence, receivable only when declarant is unavailable as a witness
EXCEPTION TO THE HEARSAY RULE
DemonsUnderDicksAndFannies CanRoseRoastOrangeCacti TakeFatherRacing
a) dying declaration
b) statement of decedent or person of unsound mind
c) declaration against interest
d) act of declaration about pedigree
e) family reputation or tradition regarding pedigree
f) common reputation
g) part of the res gestae
h) records of regularly conducted business activity
i) entries in official records
j) commercial lists and the like
k) learned treatises
l) testimony or deposition at a former proceeding
m) residual exception
Reasons for exceptions to the hearsay evidence rule
- The person whose assertion is offered may now be dead, or out of jurisdiction, or insane or otherwise unavailable for may purpose of testing like the dying declaration this is a commoner and palpable reason
- The assertion may be such that we cannot expect , again or at this time, to get evidence of the same value from the same or other sources.
Dying declaration , REQ
- consciousness by the declarant of his impending death\
- communication by the declarant of the cause and surrounding circumstance of his looming death
- competence of the declarant to testify
- declaration is offered in any case relative to declarant’s death as the subject inquiry
- completeness of declaration
declaration against interest, REQ
o The declarant is dead / unable to testify
o Adverse statement is made by the declarant on an actual or real interest in cognizant thereof
o Declarant believes the statement to be true
o Where the statement is one against penal interest which exculpates the accused in a criminal trial, there must be corroboration tending to guarantee the statements trustworthiness
ACT OF DECLARATION ABOUT PEDIGREE
o The actor / declarant is dead or unable to testify
o Declarant is related to the subject either by birth, adoption, marriage or family that they are intimately associated wit as to be likely to have accurate information concerning the pedigree
o Proof of relationship between he declarant and subject is established by evidence
o The act of declaration was made previous to the controversy \
family reputation or tradition regarding pedigree
o The witness who testifies is related to the subject either by consanguinity, affinity or adoption
o Existence of such reputation or tradition in the family was previous to the controversy
PART OF RES GESTAE
Res gestae= “things done” exclamations and spontaneous reactions inspired by the excitement of the occasion and declarant had no opportunity to fabricate it
2 parts
o Spontaneous exclamation
o Verbal act
Spontaneous exclamation (req) RES GESTAE
o There is a startling occurrence as the principal act
o There is no opportunity to contrive
o The statement under the stress of excitement caused by the occurrence
Verbal act (req), RES GESTAE
o An equivocal principal act
o A statement to the issue
o The statement must accompany the main act
o The utterance must provide legal significance or elucidate the act
records of regularly conducted business activity, REQ
o writing or other recordation of declarant’s hearsay statement
o Regularity of record keeping
o Entry is made as a routine in a regular course of conduct of a business activity
o Entry is affected forthwith to precluded lapsed memory
entries in official records , REQ
o Entries were made by a public officer in the regular performance of their duties or a person with duties enjoined by law
o Personal cognition of the facts stated on the entry or such facts were acquired from official information
REASON: accept the narration of facts on the official record of a public officer as prima facie evidence thereof by reason of the disputable presumption
COMMERCIAL LIST AND THE LIKE
o It is a statement of matters of interest to persons engaged in an occupation
o Such statement is contained in a list , register, periodical or other published compilation
o Said compilation is published for the used of persons engaged in that occupation and
o It is generally used an relied upon by persons in the same occupation
LEARNED TREATIES
• Permits presentation of evidence of publicly acclaimed materials on history , law , science , arts or establish the truth of the matter
• Admissibility of the learned treatises may be conditions upon alternative course
o The court takes judicial notice
o The work is testified to by a witness
TESTIMONY OR DESPOSITION TO FORMER PROCEEDING
• Witness
o Testimony can be used from prev proceedings if dead or unable to testify
o Refusal is not equal to unable to testify
• Testimony
o Restricted to only recorded statements that are made under oath and subject to prosecution for perjury
residual exception
- catch all provision of hearsay evidence xpn
- used if no other xpn might render hearsay statement admissible
• elements
o the statement must possess circumstantial guarantee of trustworthiness akin to specific hearsay xpns
o the statement is offered as evidence of material fact
o the statement is more probative on the point for which it is offered than any other evidence whither the proponent can procure through reasonable efforts the proponent notifies the opponent of the intention to offer the statement , with details of the name and address of the declarant, sufficiently in advance of the hearing , or pre-trial conference as prelude to trial , for the adverse party’s fair opportunity to meet the intention
opinion vs fact
o fact is susceptible to exact knowledge from
o opinion – not susceptible to exact knowledge from
OPINION RULE
General rule. – The opinion of a witness is not admissible, except as indicated in the
following sections. (48)
Opinion of expert witness. – The opinion of a witness on a matter requiring special knowledge, skill, experience, training or education, which he or she is shown to possess, may be received in evidence. (49a)
Opinion of ordinary witnesses. – The opinion of a witness, for which proper basis is given, may be received in evidence regarding –
(a) [T]he identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior, condition or appearance of a person. (50a)
EXPERT WITNESS, REQ
o Training and education
o Particular firsthand familiarity with the facts of the case
o Presentation of authorities or standards upon which his opinion Is based
CHARACTERISTICS
• Combination of properties qualities or peculiarities which distinguishes one person from others
Propensity rule
prohibits the use of evidence of a person’s propensity to behave in a particular fashion to prove that the person behaved in that fashion on a particular occasion
Moral character of the accused and offended party is a criminal case
• Bad moral character of accused
o Not assailed , it may create unfair prejudice
• Good moral character of accused
o Strengthens the presumption of innocence
Moral character of a party in a civil case
• Good faith is always presumed
Moral character of witness in a civ and crim case
• Law presumes every person to be reputedly truthful until evidence shall have been produced to the contrary,
REPUTATION , PROOF
o Rep within pertinent community to establish character
o Person familiar with character of an indiv
o Specific instances of conduct may be offered
OPINION , PROOF
o When person is not well known in the community / when comm is no large
o Can be offered thru testimony by qualified character witness with 1st hand basis for his opinion
o Substantial familiarity is necessary
CONDUCT, PROOF
o Specific instances of conduct , where pertinent and supported by a demonstration of good faith , may include acts , arrests and convictions
CONDUCT MAY BE INQUIRED WHEN:
Instance of conduct must be relevant to the pertinent character trait in question
B4 cross examination the opponent of the character witness must satisfy the judge that he is proceeding in good faith inquiring into the specific event
DEFINITION OF HEARSAY 2 COMPONENTS
- Out of court statement
Involves any statement made outside of the courtroom by any person, including a prior statement made by a witness who later testifies
It is necessary to determine when and where the statement was made - Offered as an assertion
If the statement is offered for its truth, then the second element of the hearsay definition if satisfied
Doctrine of independently relevant statement
• If the secondhand evidence from the witness is NOT AN ASSERTION OF THE TRUTH of what is imparted to the court, but simply a depiction of the tenor of the external evidence , it can be JUDICIALLY PERMITTED if relevant to the fact in issue
HEARSAY PROBATIVE VALUE
- Hearsay whether object or not cannot be given credence
* Hearsay has NO PROBATIVE VALUE
