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.
