Objectives

Question 1

What is proof?

Answer 1

Result or Mode and manner of effect of proving competent facts in evidence [2 judicial proceedings Regalado [Bustos v. Lucero, G.R. No. 698, 2008 L-2068, (1948)]
Ed.]

The end The means to an end
result

Question 2

What is evidence?

Answer 2

.mode and manner of proving competent facts in judicial proceedings -the means to amend

Question 3

Requisites to warrant a conviction based on circumstantial evidence

Answer 3

there is more than one circumstance; b. the ‘ facts from which the inferences are
derived are proven; and c. the combination of all the circumstances is
such as to produce conviction beyond
reasonable doubt [Sec. 4, Rule 133]

Question 4

Burden of proof

Answer 4

is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law. Burden of proof never shifts.

The burden of proof is generally determined by the pleadings filed by the party

Question 5

Burden of evidence

Answer 5

is the duty of a party to evidence of the parties are evenly balanced or present evidence sufficient to establish or there is doubt on which side the evidence rebut a fact in issue to establish a prima facie preponderates. Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of the case. [Sec. 1, Rule 131]

the burden of evidence is generally determined by the developments at the trial, or by the provisions of the substantive law or procedural rules which may relieve the party from presenting evidence on the fact alleged, i.e.,

In both civil and criminal cases, the burden of evidence lies with the party who asserts an affirmative allegation [2 Regalado 817, 2008 Ed.]

Question 6

Equipoise Rule or Equipoise Doctrine

Answer 6

The doctrine refers to the situation where the evidence of the parties are evenly balance
Or there is doubt on which side the evidence prepanderates.in case this, the decision should be against the party with the burden of proof.

Question 7

Preponderance of evidence

Answer 7

Means that the evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other

Applicable quantum of evidence in civil cases

Question 8

Substantial Evidence

Answer 8

Degree of evidence required in cases filed before administrative or quasi-judicial bodies

It is the amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. [Sec. 6, Rule 133]

Also applies to petitions under the Rule on the Writ of Amparo [Sec. 17, Rule on the Writ of Amparo] and the Rule on the Writ of Habeas data [Sec. 16, Rule on the Writ of Habeas data]

Question 9

Proof Beyond Reasonable
Doubt

Answer 9

In a criminal case, the accused is entitled to an acquittal, unless his or her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind [Sec. 2, Rule 133]

Question 10

Clear and Convincing Evidence

Answer 10

Clear and convincing evidence is more than mere preponderance, but not to the extent of such certainty as is required beyond reasonable doubt as in criminal cases [Manalo v. Roldan-Confesor, G.R. No. 102358 (1992)]

The standard of proof required in granting or denying bail in extradition cases is “clear and convincing evidence” that the potential extraditee is not a flight risk and will abide with all the orders and process of the extradition court [Government of Hongkong Special Administrative Region v. Olalia, Jr., G.R. No. 153675, (2007)]

Question 11

What Need Not Be Proved

Answer 11

Facts of Judicial Notice b. Judicial Admissions c. Conclusive Presumptions

Question 12

Judicial Notice

Answer 12

Judicial notice is the cognizance of certain ‘ facts that judges may properly take and act on without proof because these facts are already known to them. Put differently, it is the assumption by a court of a fact without need of further traditional evidentiary support. [Republic v. Sandiganbayan, G.R. No. 166859, (2011)]

Question 13

Requisites for when judicial notice is discretionary

Answer 13

The matter must be one of common and ‘
general knowledge;
2. It must be well and authoritatively settled
and not doubtful or uncertain;

3. It must be known to be within the limits of
   the jurisdiction of the court

Question 14

theory of adoptive admission

Answer 14

An adoptive admission is a party’s reaction to a statement or action by another person when it is reasonable to treat the party’s reaction as an admission of something stated or implied by the other person. The basis for admissibility of admissions made vicariously is that arising from the ratification or adoption by the party of the statements which the other person had made.

Question 15

When may Court may refuse exhibition of object evidence and rely on testimonial evidence alone if

Answer 15

evidence alone if—
a. Exhibition is contrary to public policy,
morals or decency;
b. It would result in delays, inconvenience,
unnecessary expenses out of proportion to
the evidentiary value of such object;
[People v. Tavera, G.R. No. L-23172
(1925)]
c. Evidence would be confusing or
misleading;
d. The testimonial or documentary evidence
already presented clearly portrays the
object in question as to render a view
thereof unnecessary.

Question 16

Actual physical or “autopic” evidence –

Question 17

Demonstrative Evidence

Answer 17

Those which represent the actual or physical object (or event in case of pictures or videos) being offered to support or draw an inference or to aid in comprehending the verbal testimony of a witness.
‘

Question 18

Requisites for admissibility of documentary evidence

Answer 18

a. The document must be relevant;
b. The evidence must be authenticated;
c. The document must be authenticated by a
competent witness;
d. The document must be formally offered in
evidence
[Riano 132, 2016 Ed.]

Question 19

Due execution of the document should be proved through the testimony of either:

Answer 19

a. the person or persons who executed it; ‘’
b. the person before whom its execution was
acknowledged; or
c. any person who was present and saw it
executed and delivered, or who, after its
execution and delivery, saw it and
recognized the signatures, or by a person
to whom the parties to the instruments had
previously confessed the execution thereo

Question 20

What is the difference between rules of evidence in criminal cases and civil cases.

Answer 20

Quantum of proof = proof beyond reasonable doubt : preponderance of evidence

denial = general denial is allowed: must be specific denial

withdrawal of plea/admission = withdrawn plea becomes admissible: judicial admission withdrawn becomes an extrajudicial admission

cross examination in summary procedure = applicable: not applicable

equiponderance rule = accused is acquitted: party who loses is the one who has the burden of proof

presence of circumstantial evidence= more than one is required: one suffices

privileged communication: not applicable: applicable

compulsion of a witness= cannot compel accused to be a witness: no such prohibition

Question 21

distinguish factum probandum vs factum probans

Answer 21

factum probandum = the proposition to be established

factum probans = the materials evidencing the proposition

Question 22

What is direct evidence?

Answer 22

evidence that directly proves a fact without need for inference from another fact

Question 23

Wigmore’s axiom of admissibility

Answer 23

None but facts having rational probative value are admissible

Question 24

Circumstantial evidence

Answer 24

indirectly proves a fact in issue through an inference which the fact finder draws from the evidence established

Question 25

When is circumstantial evidence sufficient for conviction?

Answer 25

1. When there is more than one circumstance
2. the facts from which the inferences are derived are proven
3. the combination of all the circumstance are such to prove conviction beyond reasonable doubt

Question 26

Cumulative evidence

Answer 26

evidence of the same kind that tends to prove a fact

Question 27

corroborative evidence

Answer 27

evidence which tends to confirm, validate or strengthen evidence already presented

evidence may be of the same kind or different kind which tends to prove the same fact

Question 28

positive evidence

Answer 28

a witness affirms in the stand that a certian state of facts do exist or that a certain event happened

Question 29

negative evidence

Question 30

When may foreign laws be subject to judicial notice

Answer 30

1. when it refers to the law of the nations
2. when the court is familiar with the foreign law
3. when the foreign statute is accepted by the Philippine government
4. when a foreign judgment containing foreign law is recognized for enforcement
5. when the foreign law refers to a common law doctrine or rules from which many of our laws are derived

Question 31

Autoptic preference

Answer 31

where the object in question cannot be produced in court because it is immovable or inconvenient to remove, the natural recourse is for the court to order an ocular inspection and go to the object in it place and observe it

Question 32

What is not covered by the parole evidence rule?

Answer 32

1. subsequent agreements. nothwithstanding that such agreements may have the effect of adding to, changing, modifying or even altogether abrogating the contract of the parties
2. collateral agreements although oral and contemporaneous to the writing are distinct and separate agreements
3. if the issue revolves around fraud and false representation
4. when third parties are involved

Question 33

What is judicial notice?

Answer 33

it is the cognizance of certain facts which judges may properly take and act on without proof because they are already known to him.

Question 34

What are adjudicative facts?

Question 35

what are legislative facts?

Question 36

What is the test of notoriety?

Answer 36

Whether the fact involved is so notoriously known as to make it proper to assume its existence without proof.

Question 37

in what circumstances may the court take judicial notice of an ordinance?