Rule 130- C. TESTIMONIAL EVIDENCE Flashcards
What types of people are generally qualified to be witnesses in a case, according to this section?
[Rule 130, Section 20 -C. TESTIMONIAL EVIDENCE-1. Qualification of Witnesses]
Section 20. Witnesses; their qualifications. — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification.
What are the criteria for disqualifying a person as a witness due to mental incapacity or immaturity according to Section 21?
[Rule 130, Section 21 -C. TESTIMONIAL EVIDENCE-1. Qualification of Witnesses]
Section 21. Disqualification by reason of mental incapacity or immaturity. — The following persons cannot be witnesses:
(a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others;
(b) Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully.
Under what circumstances can a husband or wife testify for or against each other during their marriage, according to the disqualification by reason of marriage?
[Rule 130, Section 22 -C. TESTIMONIAL EVIDENCE-1. Qualification of Witnesses]
Section 22. Disqualification by reason of marriage. — During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants.
What are the implications of disqualification regarding testimony in cases involving deceased individuals or persons deemed of unsound mind?
[Rule 130, Section 23 -C. TESTIMONIAL EVIDENCE-1. Qualification of Witnesses]
Section 23. Disqualification by reason of death or insanity of adverse party. — Parties or assignor of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind.
Based on the principles of privileged communication outlined, under what circumstances can a husband and wife provide testimony against each other in a legal setting?
[Rule 130, Section 24-C. TESTIMONIAL EVIDENCE-1. Qualification of Witnesses]
Section 24. Disqualification by reason of privileged communication. — The following persons cannot testify as to matters learned in confidence in the following cases:
(a) The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants;
(b) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity;
(c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient;
(d) A minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs;
(e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure.
What are the implications of parental and filial privilege regarding testimony in legal proceedings?
[Rule 130, Section 25-C. TESTIMONIAL EVIDENCE-2. Testimonial Privilege]
Section 25. Parental and filial privilege. — No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants
What is the significance of a party’s admission regarding a relevant fact in legal proceedings?
[Rule 130, Section 26-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 26. Admission of a party. — The act, declaration or omission of a party as to a relevant fact may be given in evidence against him.
What are the implications of an offer of compromise in civil and criminal cases, particularly regarding its admissibility as evidence and its effect on liability?
[Rule 130, Section 27-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 27. Offer of compromise not admissible. — In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror.
In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromised by the accused may be received in evidence as an implied admission of guilt.
An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury.
What are the implications of the principle that a party’s rights cannot be prejudiced by the actions or declarations of another party, as stated in the provided text?
[Rule 130, Section 28-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 28. Admission by third party. — The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided.
What are the conditions under which the acts or declarations of a partner or agent can be admitted as evidence against a party in a legal proceeding?
[Rule 130, Section 29-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 29. Admission by co-partner or agent. — The act or declaration of a partner or agent of the party within the scope of his authority and during the existence of the partnership or agency, may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party.
What is the legal principle governing the admissibility of a conspirator’s act or declaration as evidence against a co-conspirator in a conspiracy case?
[Rule 130, Section 30-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 30. Admission by conspirator. — The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration
What is the legal principle of “admission by privies,” and how does it apply to instances where one party derives title to property from another?
[Rule 130, Section 31-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 31. Admission by privies. — Where one derives title to property from another, the act, declaration, or omission of the latter, while holding the title, in relation to the property, is evidence against the former
What is the legal principle of “admission by silence,” and how can it be applied in a courtroom setting?
[Rule 130, Section 32-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 32. Admission by silence. — An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him.
What is the legal significance of a confession made by an accused individual in relation to the offense charged?
[Rule 130, Section 33-C. TESTIMONIAL EVIDENCE-3. Admissions and Confessions]
Section 33. Confession. — The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him
What types of intentions or states of mind can evidence of similar acts be used to prove, despite being inadmissible to establish whether a specific action occurred at a different time?
[Rule 130, Section 34-C. TESTIMONIAL EVIDENCE-4. Previous Conduct as Evidence]
Section 34. Similar acts as evidence. — Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time; but it may be received to prove a specific intent or knowledge; identity, plan, system, scheme, habit, custom or usage, and the like
What is the legal implication of rejecting a written offer to pay a specific sum of money or deliver property without valid cause?
[Rule 130, Section 35-C. TESTIMONIAL EVIDENCE-4. Previous Conduct as Evidence]
Section 35. Unaccepted offer. — An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if rejected without valid cause, equivalent to the actual production and tender of the money, instrument, or property.
What is the principle regarding a witness’s testimony in terms of personal knowledge and the exclusion of hearsay?
[Rule 130, Section 36-C. TESTIMONIAL EVIDENCE-5. Testimonial Knowledge]
Section 36. Testimony generally confined to personal knowledge; hearsay excluded. — A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules. (30a)
What conditions must be met for a dying declaration to be accepted as evidence in a legal case?
[Rule 130, Section 37-C. TESTIMONIAL EVIDENCE-6. Exceptions To The Hearsay Rule]
Section 37. Dying declaration. — The declaration of a dying person, made under
the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.
What are the conditions under which a declaration against interest can be admitted as evidence in a court of law?
[Rule 130, Section 38-C. TESTIMONIAL EVIDENCE-6. Exceptions To The Hearsay Rule]
Section 38. Declaration against interest. — The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact is asserted in the declaration was at the time it was made so far contrary to declarant’s own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons.
How does the legal admissibility of a deceased person’s declarations regarding pedigree differ from other types of evidence, and what specific criteria must be met for such declarations to be considered valid in court?
[Rule 130, Section 39-C. TESTIMONIAL EVIDENCE-6. Exceptions To The Hearsay Rule]
Section 39. Act or declaration about pedigree. — The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word “pedigree” includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree.
What types of evidence regarding family reputation or tradition can be considered valid in establishing the pedigree of a family member, and who is qualified to testify about this evidence?
[Rule 130, Section 40-C. TESTIMONIAL EVIDENCE-6. Exceptions To The Hearsay Rule]
Section 40. Family reputation or tradition regarding pedigree. — The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree.
What types of evidence related to common reputation can be admitted in court, particularly regarding facts of public interest over thirty years old, marriage, or moral character?
[Rule 130, Section 41-C. TESTIMONIAL EVIDENCE-6. Exceptions To The Hearsay Rule]
Section 41. Common reputation. — Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation
What are the criteria for a statement to be considered part of res gestae in legal proceedings? What is “res gestae”?
[Rule 130, Section 42-C. TESTIMONIAL EVIDENCE-6. Exceptions To The Hearsay Rule]
Section 42. Part of res gestae. — Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae.
What criteria must be met for entries made by a deceased or incapacitated person to be considered prima facie evidence in legal proceedings?
[Rule 130, Section 43-C. TESTIMONIAL EVIDENCE-6. Exceptions To The Hearsay Rule]
Section 43. Entries in the course of business. — Entries made at, or near the time of transactions to which they refer, by a person deceased, or unable to testify, who was in a position to know the facts therein stated, may be received as prima facie evidence, if such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty.
