Case Doctrines Flashcards
(145 cards)
1
Q
What can the appellant Republic present for the first time on appeal in naturalization proceedings?
A
Documentary evidence not presented and formally offered in the trial court.
This is applicable as the rules on formal offer of evidence are not strictly enforced in naturalization proceedings.
2
Q
In naturalization proceedings, when can the rules on formal offer of evidence be applied by analogy?
A
When it is ‘practicable and convenient’.
This allows for flexibility in presenting evidence that may not have been formally offered during the trial.
3
Q
Are private papers taken by a spouse admissible in evidence for legal separation cases?
A
No, they are inadmissible due to the constitutional protection of privacy.
This protection applies regardless of the circumstances of the marriage or infidelity.
4
Q
What is the exception to the prohibition against violating the privacy of communication?
A
A lawful order from a court or when public safety requires otherwise.
This exception is strictly defined and must be adhered to in legal contexts.
5
Q
Does taking a blood sample from the accused violate their right against self-incrimination?
A
No, it does not violate the right against self-incrimination under the Constitution.
The right against self-incrimination protects against testimonial compulsion, not against object evidence.
6
Q
What are the three requisites for circumstantial evidence to warrant a conviction?
A
- More than one circumstance
- Facts on which inferences are derived are proven
- Combination of circumstances must produce conviction beyond reasonable doubt
7
Q
What is the classification of affidavits in terms of evidentiary value?
A
Affidavits are classified as hearsay evidence.
They are generally inadmissible unless the affiants testify in person.
8
Q
What must be proven for a declaration to be admitted as a dying declaration?
A
- Concern about the cause of death
- Declarant is conscious of impending death
- Declarant is competent as a witness
- Declaration is offered in a criminal case for homicide, murder, or parricide
9
Q
What defines a statement as part of the res gestae?
A
- The principal act is a startling occurrence
- Statements made before the declarant could contrive
- Statements concern the occurrence and its immediate circumstances
10
Q
What is the general rule regarding hearsay evidence?
A
Hearsay evidence is excluded and carries no probative value.
This rule can have exceptions if the adverse party fails to object to the hearsay.
11
Q
What is a judicial admission?
A
An admission made in a stipulation of facts at pre-trial that requires no proof.
This type of admission precludes the invocation of the ‘best evidence rule’.
12
Q
Can courts take judicial notice of the evidence in other proceedings?
A
No, courts cannot take judicial notice of evidence from other cases without objection.
This rule is especially strict in criminal cases.
13
Q
What must a party prove when seeking the application of foreign law in court?
A
The party must prove the foreign law like any factual allegation.
Philippine Courts do not take judicial notice of foreign laws.
14
Q
What happens when a person renounces foreign citizenship under the Citizenship Retention and Re-acquisition Act?
A
The person is deemed solely a Filipino citizen.
Philippine law applies regardless of foreign law provisions.
15
Q
In cases of an improvident plea of guilt, when can such a plea be set aside?
A
Only if the plea is the sole basis of the judgment.
If there is sufficient evidence to support the conviction, it must be sustained.
16
Q
What is required for the admissibility of a deposition taken at trial?
A
Compliance with ‘the rules on evidence’ as well as Section 4, Rule 23 of the Rules of Court.
17
Q
What is required for a deposition to be used in a pending action according to Section 4, Rule 23 of the Rules of Court?
A
Compliance with its sub-paragraphs (a) to (d) and adherence to the rules on evidence.
Implies reference to Section 47, Rule 130 of the Rules of Court.
18
Q
Under what conditions may a deposition of a witness be used according to Section 4 of Rule 23?
A
If the witness is:
* Dead
* Resides more than 100 kilometers from the trial
* Unable to attend due to age, sickness, infirmity, or imprisonment
* Unavailable due to inability to procure attendance by subpoena
* Exceptional circumstances justify its use in the interest of justice.
19
Q
What is a final order in legal terms?
A
An order that disposes of the action or proceeding completely or terminates a particular stage of the action.
The remedy for an aggrieved party is appeal.
20
Q
What is the significance of a DARAB decision regarding tenancy relationships?
A
It is conclusive and binding on courts if supported by substantial evidence.
Administrative agencies’ findings of fact are respected if based on substantial evidence.
21
Q
What evidence is not competent to prove paternity according to the Salas vs. Matusalem case?
A
A certificate of live birth identifying the putative father, unless he had a hand in its preparation.
Birth certificates must be signed by the father to establish paternity.
22
Q
What types of evidence can an illegitimate child use to establish filiation?
A
- Baptismal certificate
- Judicial admission
- Family Bible
- Common reputation
- Admission by silence
- Testimonies of witnesses
- Other proof admissible under Rule 130.
23
Q
What does Section 21(a), Article II of the Implementing Rules and Regulations of R.A. No. 9165 require regarding seized dangerous drugs?
A
Immediate physical inventory and photography in the presence of specific individuals including the accused, media, and public officials.
24
Q
What does ‘chain of custody’ refer to in legal terms?
A
The recorded movements and custody of seized drugs from seizure to court presentation, including identities and signatures of custodians.
25
How did R.A. No. 10640 amend Section 21 of R.A. No. 9165?
It added provisions requiring physical inventory and photography of seized items in the presence of the accused, a public official, and a media representative.
26
What is essential for the identity of a prohibited drug to be established in court?
The prosecution must demonstrate an unbroken chain of custody from seizure to court presentation.
27
What burden does the prosecution bear regarding non-compliance with Section 21 of R.A. No. 9165?
The prosecution must show valid cause for non-compliance and justify any deviations from the legal requirements.
28
What must be proven for secondary evidence to be admissible when the original document is lost?
* Existence or due execution of the original
* Loss and destruction of the original or reason for its non-production.
29
What is required to authenticate a private document for it to be admissible as evidence?
Its due execution and authenticity must be proved by:
* A witness who saw it executed
* Evidence of the genuineness of the signature or handwriting.
30
What is required before a party can present secondary evidence to prove the contents of the original document?
The party must prove the following:
* existence or due execution of the original
* loss and destruction of the original or reason for its non-production
* absence of bad faith on the part of the offeror
## Footnote
The correct order of proof is existence, execution, loss, and contents.
31
In administrative proceedings, what should the offeror do if there are allegations of forgery?
The offeror must present the original documents for inspection.
## Footnote
This is necessary especially when the alleged signatories claim that their signatures were forged.
32
What does Section 3(d) of Rule 130 state regarding the contents of a document?
No evidence shall be admissible other than the original document itself, except when the original is a public record in custody of a public officer.
## Footnote
Section 7 allows contents to be proved by a certified copy if the original is in custody of a public officer.
33
What is the burden of proof in disbarment proceedings?
The burden of proof rests upon the complainant and the proper evidentiary threshold is substantial evidence.
## Footnote
Compliance with the best evidence rule is required to produce substantial evidence.
34
What is the parol evidence rule?
The parol evidence rule states that when the terms of an agreement are reduced to writing, the written agreement contains all terms agreed upon, and no other evidence can be admitted to change it.
## Footnote
Evidence modifying or explaining the agreement is only allowed if the failure of the written agreement to express true intent is put in issue.
35
What are the exceptions to the parol evidence rule?
Exceptions include:
* intrinsic ambiguity
* mistake
* failure to express true intent
* validity of the written agreement
* existence of other terms agreed upon after execution
## Footnote
Evidence must be clear and convincing to modify the written agreement.
36
What is the significance of the admissibility of electronic evidence?
Admissibility refers to whether evidence can be considered, while probative value refers to whether it proves an issue.
## Footnote
An item may be admissible but its weight depends on judicial evaluation.
37
Are facsimiles considered genuine and authentic pleadings?
No, a facsimile is not a genuine pleading and cannot be considered electronic evidence.
## Footnote
Facsimiles do not meet the criteria set out in the Electronic Commerce Act.
38
What conditions must be met for text messages to be admissible in evidence?
Text messages are admissible if testified by a person who was a party to them or has personal knowledge of them.
## Footnote
The recipient of the text messages can testify about them.
39
What constitutes publication in libel cases?
Writing or texting to a person other than the person defamed constitutes publication.
## Footnote
This applies even if the message is sent to the complainant's spouse.
40
What is 'qualified privileged communication'?
A communication made in good faith on a subject matter where the communicator has an interest or duty to a person having a corresponding duty.
## Footnote
It requires legal, moral, or social duty and good faith without malice.
41
What are 'ephemeral electronic communications'?
Ephemeral electronic communications include telephone conversations, text messages, chatroom sessions, and other non-retained electronic forms.
## Footnote
They can be proven by testimony of a party to the communications.
42
Fill in the blank: The burden of proving an affirmative relief rests on the _______.
[petitioners]
43
True or False: A facsimile transmission is considered electronic evidence under the Electronic Commerce Act.
False
## Footnote
Facsimile transmissions are not included in the definitions provided by the Act.
44
What happens to the admissibility of text messages as evidence if the party admits authorship?
The issue is rendered moot and academic.
45
What constitutes substantial evidence against a respondent in administrative liability cases?
The content of the text messages sent by the respondent.
46
Is the presentation of text messages from a complainant necessary in proving administrative liability?
No, it is not necessary.
47
What must a complainant provide to prove the source of text messages?
Photographs of text messages and a calling card with the respondent's phone number.
48
Can a handwriting expert be disqualified from testifying based on Rule 130?
No, unless specified disqualifications are present.
49
What is the significance of a mental retardate's ability to testify?
Their mental condition does not automatically disqualify them as a witness.
50
What are the reasons for the marital disqualification rule under Section 22 of Rule 130?
Identity of interests, danger of perjury, protection of private life, and prevention of domestic disunion.
51
When does the marital disqualification rule not apply?
When the marital relationship is strained or the offense directly attacks the conjugal relation.
52
What is privileged communication?
Communication made in good faith concerning a subject matter where the communicator has an interest.
53
What is the Dead Man's Statute?
It applies to testimony in cases against the estate of a deceased person regarding matters before their death.
54
What must a party do if they want to object to testimony covered by the Dead Man's Statute?
Object seasonably.
55
What happens if a plaintiff files a counterclaim against a deceased person's estate?
The Dead Man's Statute is removed from the case's ambit.
56
Can a witness testify about facts not based on personal dealings with a deceased person?
Yes, if the testimony is based on documents.
57
What must the executive branch do if it withholds information from Congress?
State the reason for the privilege and why it must be respected.
58
Fill in the blank: A mental retardate can be a witness depending on their ability to _______.
relate what they know.
59
True or False: The marital privilege rule can be waived by implied consent.
True.
60
What is the right of Congress regarding information from the executive branch?
Congress has a right to information from the executive branch in aid of legislation.
## Footnote
This right ensures transparency and accountability in government operations.
61
What must the executive branch do if it withholds information on the grounds of privilege?
It must assert the privilege and provide reasons for it.
## Footnote
This requirement prevents arbitrary withholding of information and protects Congress's investigative powers.
62
What does E.O. 464 allow the executive branch to do?
It allows the executive branch to evade congressional requests for information without clearly asserting a right to do so.
## Footnote
This creates a potential conflict between executive privilege and congressional oversight.
63
What is the presumption in favor of publicity based on?
It is based on the doctrine of popular sovereignty.
## Footnote
This shifts the historical presumption of secrecy towards transparency in government.
64
What is executive privilege intended to protect?
It is intended to protect public interest and facilitate candid communication between the President and advisers.
## Footnote
This privilege is essential for effective governance and policy-making.
65
What can Congress not inquire into according to the court's view?
Congress cannot inquire into the President's confidential discussions and informal communications with advisers.
## Footnote
This limitation is to prevent legislative overreach into executive functions.
66
What are 'privies' in legal terms?
'Privies' are those who are bound by an action although they are not literal parties to it.
## Footnote
This concept is crucial in determining who has rights or obligations in legal proceedings.
67
What does 'in pari delicto' mean?
It means 'in equal fault', indicating that parties involved in an illegal agreement cannot seek relief from each other.
## Footnote
This principle reinforces the idea that courts will not assist wrongdoers.
68
What is the role of whistleblower testimonies in corruption cases?
Whistleblower testimonies are integral evidence against accused individuals, providing insight into conspiracies.
## Footnote
These testimonies are critical for exposing wrongdoing despite potential self-incrimination risks.
69
What is required for hearsay evidence to be admissible?
It must have a substantial basis for crediting the hearsay.
## Footnote
This allows for certain hearsay to be considered in establishing probable cause.
70
What is the consequence of a witness lacking personal knowledge?
Their testimony is considered hearsay and inadmissible in court.
## Footnote
This rule ensures that only reliable and verifiable evidence is presented in legal proceedings.
71
What is an independently relevant statement?
It is a statement that is admissible to prove that it was made, not for its truth.
## Footnote
Such statements can be crucial in establishing context or circumstances surrounding a case.
72
What conditions must be met for a dying declaration to be admissible?
The declaration must concern the cause of death, be made when the declarant is aware of impending death, and be made by a competent witness.
## Footnote
Dying declarations are exceptions to the hearsay rule due to their reliability in critical situations.
73
What is necessary for a statement to qualify as a declaration against interest?
The declarant must be unavailable, the statement must relate to a fact against the declarant's interest, and it must be made without a motive to falsify.
## Footnote
This rule allows for the admission of evidence that reflects the truthfulness of a declarant's situation.
74
What are the requisites for a statement to be admissible when the declarant is unable to testify?
1) The declarant is dead or unable to testify. 2) It relates to a fact against the interest of the declarant. 3) The declarant was aware that the declaration was contrary to his interest. 4) The declarant had no motive to falsify and believed the declaration to be true.
75
What is a declaration about pedigree?
A declaration about pedigree is admissible as an exception to the hearsay rule under Section 39 of Rule 130, provided that: 1) The declarant is dead or unable to testify. 2) The declarant is related to the person whose pedigree is the subject of inquiry. 3) The relationship is shown by evidence other than the declaration. 4) The declaration was made ante litem motam.
76
What must be shown to corroborate a declaration about pedigree?
Evidence other than the declaration must be presented to show the relationship.
77
What presumption is firmly established regarding children born in wedlock?
Children born in wedlock are presumed to be legitimate.
78
What is required for a dying declaration to be admissible?
1) It must concern the cause and surrounding circumstances of the declarant's death. 2) The declarant must be conscious of impending death. 3) The declarant must be competent as a witness. 4) It must be offered in a criminal case for homicide, murder, or parricide.
79
What are the requisites for a statement to be considered part of the res gestae?
1) The principal act is a startling occurrence. 2) The statements are made before the declarant had time to contrive. 3) The statements must concern the occurrence in question and its immediately attending circumstances.
80
Under what conditions may testimony or deposition from a previous proceeding be used?
A previous decision or judgment may be used to prove that an accused was previously convicted of a crime, but not to prove guilt in a subsequent case.
81
What is the presumption regarding a child's ability to testify?
Every child is presumed qualified to be a witness unless substantial doubt exists regarding their ability to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth.
82
What is the role of expert witnesses in court?
Expert witnesses assist the court in the determination of issues but are not binding; the court decides the weight of their testimony based on various factors.
83
What must an ordinary witness establish to give an opinion on someone's mental condition?
The witness must have had sufficient opportunity to observe the speech, manner, habits, and conduct of the person in question.
84
True or False: An accused's good moral character guarantees their innocence in a criminal case.
False
85
What is the basic issue in a criminal prosecution?
Whether the prosecution has proven the accused's guilt beyond any reasonable doubt.
86
What are the two separate concepts of Burden of Proof?
* Risk of non-persuasion (burden of persuasion)
* Duty of producing evidence (burden of evidence)
## Footnote
The first concept requires establishing the truth of a proposition, while the second involves producing evidence during trial stages.
87
Who has the burden of proof in civil cases?
The party who would be defeated if no evidence is given on either side
## Footnote
This responsibility is placed entirely on the respective parties involved.
88
What is the quantum of evidence required for the burden of proof in civil cases?
Preponderance of evidence
## Footnote
This means the evidence must be more convincing than that offered in opposition.
89
In the case of FEBTC vs. CHANTE, what two facts did the plaintiff need to prove?
* Defendant’s ATM card was used for withdrawals
* The defendant used the ATM card and PIN
## Footnote
The plaintiff failed to prove these facts and could not recover funds.
90
What is a conclusive presumption?
A presumption that may not be overturned by evidence, regardless of its strength
## Footnote
These are declared as such under Section 2 of Rule 131.
91
What is the effect of silence in the context of estoppel?
Silence can be construed as consent if there is a duty to speak
## Footnote
This applies when one party misleads another by not objecting to a fact.
92
What are disputable presumptions?
Presumptions that may be overcome by contrary evidence
## Footnote
They include presumptions like private transactions being fair and regular.
93
Under what circumstances can the presumption of regularity of notarized documents be overturned?
When clear and convincing evidence contradicts the presumption
## Footnote
The presumption of genuineness can be challenged.
94
What is the presumption regarding persons living together in apparent matrimony?
They are presumed to be married unless sufficient evidence to the contrary is presented
## Footnote
The burden then shifts to the party claiming the presumption.
95
What does the presumption of regularity in the performance of official duties imply?
It implies that official acts are presumed valid unless proven otherwise
## Footnote
This presumption can fail if an explicit rule is violated.
96
What happens if there is a failure to comply with chain of custody requirements in drug-related cases?
The presumption of regularity no longer applies, and the prosecution must explain the noncompliance
## Footnote
This could lead to doubt in proving the corpus delicti.
97
What is the standard for acquitting the accused in criminal cases?
Failure to establish guilt beyond reasonable doubt
## Footnote
This principle underscores the importance of reasonable doubt in criminal law.
98
What are the two conditions under which the presumption of regularity in the performance of duties of public officers can be overturned?
* They were not properly performing their duty
* They were inspired by any improper motive
99
Why are buy-bust operations considered susceptible to police abuse?
They can be used as a tool for extortion
## Footnote
This highlights the need for procedural safeguards to protect rights.
100
What procedural safeguards are embodied in Section 21 of R.A. No. 9165?
They protect the innocent and guide law enforcers on evidence integrity.
101
What elements must be proven in the prosecution of selling a dangerous drug?
* Identities of the buyer
* Identities of the seller
* The object of sale
* The consideration
* Delivery of the thing sold
* Payment for the thing sold
102
What are the essential requisites of illegal possession of dangerous drugs?
* The accused was in possession of the dangerous drug
* Such possession is not authorized by law
* The accused freely and consciously possessed the dangerous drug
103
What is required to ensure the integrity of the evidence in drug cases?
Chain of custody must be accounted for from seizure to court presentation.
104
In criminal cases involving the Dangerous Drugs Act, who should be given credence in their narration of events?
Prosecution witnesses, especially police officers, unless evidence suggests otherwise.
105
What is the purpose of cross-examination in court?
To test the truth or accuracy of a witness's statements.
106
Are leading questions allowed during the examination of child witnesses?
Yes, especially to facilitate the ascertainment of the truth.
107
What are the four reasons for allowing leading questions in child witness examinations?
* Facilitate truth ascertainment
* Ensure questions are appropriate for developmental level
* Protect children from harassment
* Avoid waste of time
108
What is required for the credibility of a witness's testimony to be impeached?
The accused must confront the witness with prior inconsistent statements.
109
What is a memory aid during witness examination?
A tool that allows a witness to refer to notes to ensure accuracy.
110
Is a memorandum used to refresh a witness's memory considered evidence?
No, it is not admissible as corroborative evidence.
111
What are public documents defined as under Article 410 of the Civil Code?
Books making up the civil register and all documents relating thereto.
112
What distinguishes public documents from private documents?
Public documents are self-authenticating; private documents require authentication.
113
What must be proved for a private document to be admissible in court?
* Due execution
* Authenticity of the signature or handwriting
114
What is the consequence for evidence that has not been formally offered in court?
It cannot be considered by the court.
115
What is the role of a formal offer of evidence in a trial?
To inform the court of the purpose of the evidence and allow for objections.
116
What is the purpose of a judgment nunc pro tunc?
To record a prior judicial action that was not properly entered into the record.
117
What are the exceptions to the immutability of final judgments?
* Correction of clerical errors
* Nunc pro tunc entries causing no prejudice
* Void judgments
118
What are the exceptions to the rule on the immutability of final judgments?
1) Correction of clerical errors
2) Nunc pro tunc entries
3) Void judgments
## Footnote
Nunc pro tunc judgments are not new judgments but corrections to reflect what was previously rendered.
119
What is the purpose of a nunc pro tunc judgment?
To place in proper form on the record the judgment that had been previously rendered
## Footnote
It is not to correct judicial errors or supply nonaction by the court.
120
Define 'overwhelming evidence'.
Evidence that is so strong that it leaves no reasonable doubt as to the truth of the matter asserted.
121
What must be established in every criminal prosecution?
The identity of the offender must be established by proof beyond reasonable doubt.
122
What are the two types of positive identification in criminal cases?
1) Direct evidence through an eyewitness
2) Circumstantial evidence, such as last seen with the victim.
123
True or False: A witness's familiarity with the accused guarantees positive identification.
False.
124
What is the standard for conviction in rape cases?
Conviction depends almost entirely on the word of the private complainant.
125
What is 'clear and convincing evidence'?
A standard of proof that is lower than proof beyond reasonable doubt but higher than preponderance of evidence.
126
What elements must be proven for self-defense to be appreciated in murder prosecutions?
1) Unlawful aggression by the victim
2) Reasonable necessity of the means employed
3) Lack of sufficient provocation.
127
What is 'preponderance of evidence'?
Evidence that is more worthy of belief than the evidence offered in opposition.
128
In a civil case, who carries the burden of proof?
The party asserting the affirmative of an issue.
129
What must a plaintiff prove to establish a claim for damages?
Proximate causation between the defendant’s negligence and the plaintiff’s injury by preponderance of evidence.
130
What is the 'Equipoise Doctrine'?
A principle that states if the evidence is evenly balanced, the party with the burden of proof loses.
131
What does substantial evidence refer to in administrative cases?
Evidence that a reasonable mind might accept as adequate to justify a conclusion.
132
What is prima facie evidence?
Evidence that is sufficient to establish a fact unless disproven.
133
What must be shown for a court to order a compulsory DNA test in paternity cases?
Sufficient justification under the factual circumstances of the case.
134
In the context of DNA testing, what is the court's discretion?
The court may consider whether there is absolute necessity for the DNA testing.
135
What is a prima facie case for DNA testing?
A case that warrants issuance of a court order for DNA testing
## Footnote
A prima facie case indicates that there is sufficient evidence to support the request for DNA testing.
136
Is the issuance of a DNA testing order mandatory?
No, it is discretionary upon the court
## Footnote
The court may consider if there is absolute necessity for the DNA testing.
137
What does the Rule on DNA Evidence provide?
Parameters for reliability and validity of DNA evidence
## Footnote
It includes procedures, protocols, sources of error, objections to admission, and probative value.
138
What is required for the filing of a criminal information?
Probable cause to believe the accused is guilty
## Footnote
This is not proof beyond reasonable doubt.
139
Define probable cause in the context of criminal information.
Facts sufficient to engender a well-founded belief that a crime has been committed
## Footnote
It means the accused is probably guilty of the crime charged.
140
What must the judge determine personally for a search warrant?
That probable cause is present
## Footnote
The judge must also examine witnesses under oath.
141
What are the requisites for the issuance of a search warrant?
* Probable cause is present
* Determined personally by the judge
* Examination of complainant and witnesses
* Testimony on personally known facts
* Specific description of the place and things to be seized
142
What is the standard for probable cause in issuing a search warrant?
Facts leading a prudent man to believe an offense has been committed
## Footnote
Requires more than bare suspicion but less than evidence for conviction.
143
What is circumstantial evidence?
Proof of collateral facts from which the main fact may be inferred
## Footnote
It can sustain a conviction under certain conditions.
144
What are the conditions for circumstantial evidence to sustain a conviction?
* More than one circumstance
* Proven facts for inferences
* Combination of circumstances leads to conviction beyond reasonable doubt
145
Can a trial court rely solely on circumstantial evidence for a finding of guilt?
Yes, direct evidence is not the only basis for a conclusion of guilt
## Footnote
Circumstantial evidence must lead to an inescapable conclusion of the accused's participation.
