Midterm Outline.docx

Concept of "Evidence" Purpose of Evidence Truth as the Purpose of Evidence When Evidence is Required; When Not Required Applicability of the Rules of Evidence Application of the Rules on Electronic Evidence .. Scope of the Rules of Evidence Evidence in Civil Cases Distinguished from Evidence in Criminal Cases Distinction Between Proof and Evidence Falsus in Uno, Falsus in Omnibus Alibi; Frame-up; Self-defense Bar 1994 Suggested answer Delay and Initial Reluctance in Reporting a Crime Positive and Negative Defenses Factum Probans and Factum Probandum Multiple Admissibility Bar 2005 27 Suggested answer 27 Bar 1991 28 Suggested answers 29 Bar 1984 29 Suggested answer 29 Conditional Admissibility 30 Curative Admissibility 30 Direct and Circumstantial Evidence 33 Conviction by Circumstantial Evidence Bar 1998 34 Suggested answer 34 Flight or Non-flight of the Accused 41 Cumulative Evidence and Corroborative Evidence 42 Corroboration of the Testimony of a Child Witness 44 Positive and Negative Evidence 44 Liberal Construction of the Rules of Evidence 46 Absence of a Vested Right in the Rules of Evidence 47 Waiver of the Rules of Evidence 47 B. Admissibility of Evidence 48 Requisites for the Admissibility of Evidence 48 Illustrations of the Requisites for Admissibility... 49 Inadmissible Evidence Under the AntiWiretapping Law (R.A. No. 4200) 50 Surveillance of Suspects and Interception and Recording of Communications Under the Human Security Act of 2007 (R.A. No. 9372) 53 Inadmissible Evidence in Connection with Arrests, Searches and Seizures 55 Relevant Evidence 62 Bar 1981 64 Suggested answer 64 Test for Determining the Relevancy if Evidence .. 64 Relevance of Evidence on the Credibility of a Witness 65 Competent Evidence 66 Competence of Electronic Evidence 68 Collateral Matters 68 When Collateral Matters are Allowed 68 Admissible Evidence Distinguished from Credible Evidence 69 Admissibility and Weight of the Evidence 70 Some Jurisprudential Tenets on Probative Value and Credibility 70 Chapter II Judicial Notice and Admissions

A. Judicial Notice 78 B. Function of Judicial Notice 79 When Judicial Notice is Mandatory 80 When Judicial Notice is Discretionary 84 Judicial Notice and Knowledge of the Judge 86 Bar 1980 87 Suggested answer 87 Stage When Judicial Notice May be Taken..... 88 Judicial Notice of Foreign Laws; Doctrine of Processual Presumption 88 Judicial Notice of the Law of Nations 89 Bar 2005 90 Suggested answer 90 Bar 1997 90 Suggested answers 90 Judicial Notice of Municipal Ordinances 90 Bar 2005 91 Suggested answer 91 Judicial Notice of a Court's Own Acts and Records 92 No Judicial Notice of Records of Other Cases; Exceptions 92 Rule on Judicial Notice of Post Office Practices.... 92 Judicial Notice of Banking Practices 93 Judicial Notice of Financial Condition of the Government 93 Judicial Notice of Presidential Powers Under the Law 93 Judicial Notice of Other Matters 94 C. B. Judicial Admissions 99 Admission in Drafted Documents 100 Admissions Made in Pleadings and Motions 100 Averments in Pleadings which are Not Deemed Admissions 102 Implied Admissions of Allegations of Usury 102 Implied Admissions of Actionable Documents 102 Admissions in the Pre-trial of Civil Cases 104 Admissions in the Pre-trial of Criminal Cases 105 Bar 2008 106 Suggested answers 106 Implied Admissions in the Modes of Discovery 106 Bar 1984 107 Suggested answer 108 Admissions in Amended Pleadings 1°8 D. ix E. Nature of Admissions in Superseded Pleadings... 108 Admissions in Dismissed Pleadings 109 Hypothetical Admissions in a Motion to Dismiss 109 Admissions by Counsel 109 Consequences of Judicial Admissions 110 F. C. Admissions, Confessions and the Res Inter Alios Acta Rule 112 Concept of Admissions and Confessions 114 Admissions Distinguished from Declarations Against Interest 115 Effects of Admissions 116 Classification of Admissions and Confessions 117 Effect of Extrajudicial Confession of Guilt; Corpus Delicti 119 Bar 2006 122 Suggested answer 122 Bar 2008 122 Suggested answer 123 Admission by Silence 125 Res Inter Alios Acta; Branches 126 Bar 2003 128 Suggested answer 128 Exceptions to the Res Inter Alios Acta Rule (first branch) 128 Admissions by a Co-partner or Agent 129 Admissions by a Co-conspirator 130 Bar 1991 132 Suggested answer 132 Admission by Privies 135 Offer of Compromise in Civil Cases 136 Offer of Compromise in Criminal Cases 136 Bar 1989 137 Suggested answer 137 Bar 2008 137 Suggested answers 137 Plea of Guilty Later Withdrawn 138 An Unaccepted Plea of Guilty to a Lesser Offense 138 An Offer to Pay or the Payment of Medical, Hospital or Other Expenses 138 Subsequent Remedial Measures 139 Evidence of Similar Conduct (second branch) 140 When Evidence of Similar Acts or Previous Conduct is Admissible 141 G. X H. Chapter III I. Object and Documentary Evidence J. I - Object Evidence 143 Meaning of Object Evidence 143 Requisites for Admissibility of Object Evidence 145 Object Evidence and the Right Against Self-incrimination 148 Categories of Object Evidence 148 Chain of Custody 149 Chain of Custody in Drug Cases 156 Demonstrative Evidence 160 Ephemeral Electronic Communications 164 View of an Object or Scene 165 DNA Evidence 166 Rule on DNA Evidence 169 Paraffin Tests 174 Polygraph Tests (Lie Detector Tests) 176 K. II - Documentary Evidence 176 Meaning of a Document as Evidence (Documentary Evidence) 176 Bar 1994 177 Suggested answer 177 Bar 2005 178 Suggested answer 178 Documents under the Rules on Electronic Evidence 179 Bar 2003 182 Suggested answer 182 Evidentiary Concepts Involved in the Presentation of Documentary Evidence 182 Requisites for Admissibility of Documentary Evidence 183

L. A - Best Evidence Rule 183 Concept of "Best Evidence" 183 Bar 1988 187 Suggested answer 187 Bar 1998 187 Suggested answer 187 Bar 1994 I87 Suggested answer 187 Illustrative Applications of the Best Evidence Rule I88 M. xi N. Bar 1994 191 Suggested answer 191 When Document is Merely Collaterally in Issue 191 Reason for the Best Evidence Rule 192 Bar 1998 193 Suggested answer 193 Waiver of the Rule 193 What To Do To Apply the Best Evidence Rule 194 Excuses for Not Presenting the Original Document 194 Bar 1992 195 Suggested answer 195 Loss, Destruction or Unavailability of the Original 195 Bar 1997 198 Suggested answer 198 Original is in the Custody or Control of the Adverse Party 198 When the Original Consists if Numerous Accounts 199 Original Document is a Public Record 200 Effect of Not Offering a Document in Evidence After Calling for its Production and Inspection 200 Meaning of Original 201 Bar 2001 203 Suggested answer 203 Bar 1997 204 Suggested answers 204 Originals Under the Rules on Electronic Evidence 204 Bar 2003 206 Suggested answer 206 Original Printout of Facsimile Transmissions 206 O. B - Parol Evidence Rule 208 Contracts and the Parol Evidence Rule 208 Application of the Parol Evidence Rule 210 Application of the Rule Only to Parties and Their Successors in Interest 214 Application of the Rule to Wills 214 Bar 1978 215 P. xii Q. Suggested answer 215 Bar 1981 215 Suggested answer 216 Bar 1983 216 Suggested answer 217 Bar 1988 217 Suggested answer 217 How to Introduce Parol Evidence 217 Prior, Contemporaneous and Subsequent Agreements 220 Intrinsic Ambiguity in the Writing 222 Mistake or Imperfection in the Writing and Failure to Express the True Agreement of the Parties 224 Bar 2001 228 Suggested answer 228 Distinctions Between the Best Evidence Rule and the Parol Evidence Rule 229 Waiver of the Parol Evidence Rule 229 Probative Value 229 R. C - Authentication and Proof of Documents 230 Concept of Authentication 230 Authentication under the Rules on Electronic Evidence 231 Concept of a Document 231 Public and Private Documents 232 Church Registries 233 Importance of Knowing Whether a Document is Public or Private 233 Evidence of Official Records of Official Acts; Attestation 235 Special Power of Attorney Executed Abroad 236 Evidence of Public Record of a Private Document 237 How to Prove the Lack of Record 237 Last Wills and Testaments 238 Proof of a Private Document 238 How to Prove Genuineness of a Handwriting 239 Ancient Documents 240 Bar 1990 241 Suggested answer 241 How to Explain Alterations in a Document 242 S. xiii T. How to Prove Documents in an Unofficial Language 242 Impeachment of Judicial Record 243 Registration of Contracts 243 U. Chapter IV V. Testimonial Evidence W. A - Qualifications of Witnesses 244 Nature of Testimonial or Oral Evidence 244 Presumption in Favor of Competence of a Witness 245 Qualifications of a Witness 245 Oath or Affirmation 246 Ability to Perceive 247 Ability to Make Known the Perception to Others 248 Competency and Credibility 249 Bar 2004 249 Suggested answer 250 Other Factors that Do Not Affect the Competency of a Witness 252 Bar 1994 252 Suggested answer 253 Bar 1994 253 Suggested answers 253 X. B - Disqualifications of Witnesses 254 Disqualification by Reason of Mental Incapacity 254 Disqualification by Reason of Immaturity 255 Child Witness; Meaning 255 Competency of a Child Witness 256 Bar 2005 257 Suggested answer 257 Survivorship Disqualification Rule or

the Dead Man's Statute 258 How to Apply the Rule 260 Bar 2001 263 Suggested answer 263 Bar 2007 264 Suggested answer 264 Marital Disqualification Rule (Spousal Immunity) 265 Exceptions to the Marital Disqualification Rule 268 Bar 2000 269 Suggested answers 269 Testimony Where Spouse is Accused with Others 270 Y. xiv Z. Testimony by the Estranged Spouse 271 Bar 2006 273 Suggested answer 274 Marital Privileged Communications 274 Bar 2004 277 Suggested answer 277 Explanation of Distinctions Between the Marital Disqualification Rule and the Marital Privileged Communication Rule 278 Bar 1995 279 Suggested answers 280 Bar 1998 280 Suggested answer 281 Attorney-Client Privilege 281 Bar 2008 289 Suggested answer 289 PhysicianPatient Privilege 289 Bar 1998 292 Suggested answer 293 Priest/Minister-Penitent Privilege 293 Privileged Communications to Public Officers 294 Executive Privilege; Presidential Communications Privilege 295 Privileged Communications under the Rules on Electronic Evidence 306 Parental and Filial Privilege 306 Bar 1998 307 Suggested answer 308 Other Privileged Communications Not Found in the Rules of Court 308 AA. C - Examination of Witnesses 308 Open Court Examination 308 Oath or Affirmation 309 Examination of Witnesses and Record of Proceedings 310 Bar 1978 310 Suggested answer 31.1. Rights and Obligations of a Witness 311 Bar 2005 312 Suggested answer 3*3 Bar 2004 313 Suggested answer 3*3 Bar 1998 313 Suggested answer 3^ BB. XV CC. Examination of a Child Witness 314 Kinds of Examinations 318 Death or Absence of a Witness 319 Recalling a Witness 320 Leading Questions 320 Leading Questions to a Child Witness 321 Misleading Questions 322 DD. D - Impeachment of a Witness 323 How to Impeach a Witness 324 Impeachment by Contradictory Evidence 325 Impeachment by Prior Inconsistent Statements 326 Impeachment by Showing Bad Reputation 330 No Impeachment by Evidence of Bad Character but by Bad Reputation 331 Evidence of Good Character of the Witness 331 No Impeachment by Evidence of Particular Wrongful Acts 332 Impeachment of the Adverse Party as a Witness 334 Exclusion and Separation of Witnesses 334 When the Witness May Refer to a Memorandum 334 EE. E - Character Evidence 335 Inadmissibility of Character Evidence 335 Evidence of Bad Moral Character of the Accused 336 Evidence of Good Moral Character of the Accused 337 Evidence of Character of the Offended Party 338 Character Evidence in Child Abuse Cases (Sexual Abuse Shield Rule) 339 Character Evidence in Civil Cases 340 Evidence of Good Moral Character of a Witness 340 FF. F - Opinion Evidence 340 Admissibility of Opinion Evidence 341 When Opinion Evidence is Admissible; Expert Testimony 341 Opinion of An Ordinary Witness; When Admissible 342 Bar 2005 342 Suggested answer 343