RULE 130 RULES OF ADMISSIBILITY

Question 1

Sec 26 ADMISSION OF A PARTY

Answer 1

The act, declaration or omission of a party as to a relevant fact may be given in evidence against him

Question 2

Rule 130 Sec 26 MIND MAP ADMISSION

Answer 2

NOT LIMITED TO VERBAL OR WRITTEN STATEMENT –> ACT OMISSION –>FAILURE TO ACT OR SILENCE

Question 3

Rule 130 Sec 26 SELF SERVING EVIDENCE OR ADMISSION

Answer 3

JUDICIAL ADMISSION – FORMAL AND INFORMAL EXTRAJUDICIAL ADMISSION – EXPRESSED AND IMPLIED

Question 4

Rule 130 Sec 26 PRINCIPLES SHOWING IMPLIED ADMISSION, DEFINE

Answer 4

LACHES – THERE IS UNREASONABLE DELAY IN THE PROSECUTION OF A SUIT GIVING RISE TO AN IMPLIED ADMISSION OF LACK OF MERIT BECAUSE A PERSON REALLY AGGRIEVED WILL LOSE NO TIME IN SEEKING REDRESS FOR HIS GRIEVANCES FLIGHT AND CONCEALMENT – THE FLIGHT AND CONCEALMENT OF AN ACCUSED IS AN IMPLIED ADMISSION OF GUILT

Question 5

Rule 130 Sec 26 EXTRAJUDICIAL CONFESSION, DEFINE

Answer 5

CUSTODIAL INVESTIGATION INVOLVES ANY QUESTIONING INITIATED BY LAW ENFORCEMENT OFFICERS AFTER A PERSON HAS BEEN TAKEN INTO CUSTODY OR OTHERWISE DEPRIVED OF HIS FREEDOM OF ACTION IN ANY SIGNIFICANT WAY.

Question 6

Rule 130 Sec 27 OFFER OF COMPROMISE NOT ADMISSIBLE Q: WHEN ONE IS CHARGED WITH MURDER AND AS THE ACCUSED HE OFFERS COMPROMISE, CAN THIS BE AN IMPLIED ADMISSION OF HIS GUILT?

Answer 6

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 CASEES, EXCEPT THOSE INVOLVING QUASI-OFFENSES (CRIMINAL NEGLIGENCE) OR THOSE ALLOWED BY LAW TO BE COMPROMISED, AN OFFER OF COMPROMISE BY THE ACCUSED MAY BE RECEIVED IN EVIDDENCE AS AN IMPLIED ADMISSION OF GUILT A: YES, BUT AS LONG AS THERE IS NO CONSIDERATION, THE OFFER CANNOT BE USED AGAINST THE OFFEROR

Question 7

Rule 130 Sec 27 OFFER OF COMPROMISE NOT ADMISSIBLE Q: YOU BUMPED SOMEBODY WHILE DRIVING YOUR CAR. THE VICTIM WAS HOSPITALIZED. YOU OFFER A COMPROMISE. IS THAT AN IMPLIED ADMISSION OF YOUR GUILT?

Answer 7

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 CASEES, EXCEPT THOSE INVOLVING QUASI-OFFENSES (CRIMINAL NEGLIGENCE) 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 A: NO, CRIMINAL CASES WITH QUASI OFFENSES (NEGLIGENCE) IS AN EXCEPTION

Question 8

Rule 130 Sec 27 ELAINE IS CHARGED WITH MURDER. AS TO THE ACCUSED, HE SAYS IT SHOULD BE ONLY HOMICIDE. THE OFFENDED AGREES AND CONTENDS THAT BY SAYING THAT MURDER SHOULD BE REDUCED TO HOMICIDE, A HAS ALREADY PLEADED GUILTY TO HOMICIDE. IS THE OFFER OF A PLEA OF GUILTY TO A LESSER OFFENSE IN A PLEA BARGAINING BE OFFERED AS EVIDENCE AGAINST THE ACCUSED? IS IT ADMISSIBLE?

Answer 8

A PLEA OF GUILTY IS LATER WITHDRAWN OR AN UNACCEPTED OFFER OF A PLEA OF GUILTY TO A LESSER OFFENCE IS NOT ADMISSIBLE IN EVIDENCE AGAINST THE ACCUSED WHO MADE THE PLEA OFFER A: NO

Question 9

Section 28. Admission by third party.

Answer 9

RES INTER ALIOS ACTA RULE The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided.

Question 10

Section 29. Admission by co-partner or agent.

Answer 10

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. (26a)

Question 11

Section 30. Admission by conspirator.

Answer 11

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

Question 12

Section 31. Admission by privies.

Answer 12

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. (28)

Question 13

Section 32. Admission by silence.

Answer 13

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. (23a)

Question 14

Section 33. Confession.

Answer 14

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. (29a)

Question 15

4. Previous Conduct as Evidence

Answer 15

Section 34. Similar acts as evidence. Section 35. Unaccepted offer.

Question 16

Section 34. Similar acts as evidence.

Answer 16

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. (48a)

Question 17

Section 35. Unaccepted offer.

Answer 17

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. (49a)

Question 18

5. Testimonial Knowledge Section 36. Testimony generally confined to personal knowledge; hearsay excluded.

Answer 18

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)

Question 19

6. Exceptions To The Hearsay Rule

Answer 19

Section 37. Dying declaration. Section 38. Declaration against interest. Section 39. Act or declaration about pedigree. Section 40. Family reputation or tradition regarding pedigree. Section 41. Common reputation. Section 42. Part of res gestae. Section 43. Entries in the course of business. Section 44. Entries in official records. Section 45. Commercial lists and the like Section 46. Learned treatises. Section 47. Testimony or deposition at a former proceeding

Question 20

Section 37. Dying declaration.

Answer 20

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. (31a)

Question 21

Section 38. Declaration against interest.

Answer 21

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. (32a)

Question 22

Section 39. Act or declaration about pedigree.

Answer 22

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. (33a)

Question 23

Section 40. Family reputation or tradition regarding pedigree.

Answer 23

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. (34a)

Question 24

Section 41. Common reputation.

Answer 24

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. (35)

Question 25

Section 42. Part of res gestae.

Answer 25

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. (36a)

Question 26

Section 43. Entries in the course of business.

Answer 26

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. (37a)

Question 27

Section 44. Entries in official records.

Answer 27

Section 44. Entries in official records. — Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated. (38)

Question 28

Section 45. Commercial lists and the like

Answer 28

Section 45. Commercial lists and the like. — Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein. (39)

Question 29

Section 46. Learned treatises.

Answer 29

Section 46. Learned treatises. — A published treatise, periodical or pamphlet on a subject of history, law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject. (40a)

Question 30

Section 47. Testimony or deposition at a former proceeding.

Answer 30

Section 47. Testimony or deposition at a former proceeding. — The testimony or deposition of a witness deceased or unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him. (41a)

Question 31

7. Opinion Rule

Answer 31

Section 48. General rule. Section 49. Opinion of expert witness. Section 50. Opinion of ordinary witnesses.

Question 32

7. Opinion Rule Section 48. General rule.

Answer 32

Section 48. General rule. — The opinion of witness is not admissible, except as indicated in the following sections. (42)

Question 33

Section 49. Opinion of expert witness.

Answer 33

Section 49. Opinion of expert witness. — The opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to posses, may be received in evidence. (43a)

Question 34

Section 50. Opinion of ordinary witnesses.

Answer 34

Section 50. Opinion of ordinary witnesses. — The opinion of a witness for which proper basis is given, may be received in evidence regarding — (a) the identity of a person about whom he has adequate knowledge; (b) A handwriting with which he has sufficient familiarity; and (c) The mental sanity of a person with whom he is sufficiently acquainted. The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. (44a)

Question 35

8. Character Evidence Section 51. Character evidence not generally admissible; exceptions: (a) In Criminal Cases:—

Answer 35

(1) The accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged. (2) Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the moral trait involved in the offense charged. (3) The good or bad moral character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged.

Question 36

Section 51. Character evidence not generally admissible; exceptions: —(b) In Civil Cases:

Answer 36

Evidence of the moral character of a party in civil case is admissible only when pertinent to the issue of character involved in the case.