Physician as a witness

Question 1

5 Criminal Justice System

Answer 1

1. National police
2. Prosecution national
3. Supreme court
4. Bureau of correction
5. DSWD

Question 2

7 different courts of the philippines

Answer 2

1. Supreme court
2. Court of appeals
3. Regional Trial courts
4. Metropolitan courts
5. Municipal Circuit trial court
6. Municipal trial courts
7. Sharia courts

Question 3

one court serving 2 small municipalities with one

judge

Answer 3

Municipal Circuit Trial Courts

Question 4

one court for one large municipality

Answer 4

Municipal Trial Courts

Question 5

in the Philippines has jurisdiction over Muslim-majority Bangsamoro as well as other parts of Mindanao outside the autonomous region.

Answer 5

Sharia Courts

Question 6

7 administrative bodies with quasi judicial functions

Answer 6

1. PRC
2. Dole
3. NAPOLCOM
4. Prosecutor’s office
5. DARAB
6. COMELEC
7. Congress
8. LTO, Deped or CHED

Question 7

Any person who, having organs of sense, can perceive, and perceiving, can make known their perception to others.

Answer 7

ORDINARY WITNESS

Question 8

3 PERSONS NOT DISQUALIFIED FROM BECOMING A WITNESS

Answer 8

• Interested person
• Criminals
• Persons on account of their opinions on matters of religious beliefs (Religious person)

Question 9

Physical disqualifications for being a witness

Answer 9

1. Unsound minds

2. Children of tender age

Question 10

Spouse cannot be witness against each other without the consent of the other but can file a case
against each other.

Answer 10

DISQUALIFICATIONS BY REASON OF INTEREST OR RELATIONSHIP

Question 11

Son cannot be a witness against his

father.

Answer 11

DISQUALIFICATIONS BY REASON OF INTEREST OR

RELATIONSHIP

Question 12

One who has the capacity to draw inference from facts

which a court would not be competent to draw

Answer 12

EXPERT WITNESS

Question 13

4 powers of expert witnesses

Answer 13

1. Offer opinions
2. Has special training
3. Can demand PF
4. Cannot be compeeled to attend

Question 14

2 REQUISITES FOR A PERSON TO BE CONSIDERED AN EXPERT WITNESS

Answer 14

1. Professional and not a layman

2. Skillful in field

Question 15

4 REQUISITES FOR ADMISSIBILITY OF EXPERT EVIDENCE

Answer 15

1. Fact needs expert opinion
2. Witness is really an expert
3. Medical experts may express their opinion
4. The competence of the witness to testify as an expert is a question addressed primarily to the sound discretion of the court.

Question 16

must be with consent of the other with regards to

any communication received in confidence during the marriage

Answer 16

Husband-wife

Question 17

includes secretary, stenographer, or clerk or Lawyer cannot testify against client.

Answer 17

Attorney-client

Question 18

involved in a physician-patient relationship, in civil cases only (information would blacken the
character of the patient)

Answer 18

Physician-patient

Question 19

must have the consent of the person making

confession

Answer 19

Priest/minister

Question 20

cannot be examined during his term of office or afterwards as to communications made to him in official confidence if public interest will suffer

Answer 20

Public officer

Question 21

PREREQUISITES OF THE PRIVILEGED INFORMATION BETWEEN PHYSICIAN AND HIS PATIENT

Answer 21

1. Privilege claim in civil case
2. Person is authorized to practice medicine.
3. Physician acquired information while attending to his patient in his professional capacity
4. Information, if disclosed, would blacken the character of the patient.

Question 22

Who, in extent, has priviledged information

Answer 22

1. Interns
2. Partner of physician
3. Nurses

Question 23

WHEN COMMUNICATION IS NOT PRIVILEGED

COMMUNICATION?

Answer 23

when a patient is examined by a court ordered physician

Question 24

3 scope of the priveledge

Answer 24

1. Oral testimony
2. Affidavits
3. Hospital records

Question 25

is needed to facilitate and make safe, full and confidential disclosure by the patient to the physician to enable the latter to form a correct opinion.

Answer 25

Privileged communication

Question 26

applies even after the patient’s death

Answer 26

Privileged communication

Question 27

If the patient waives his privilege the physician can now______

Answer 27

reveal the information

Question 28

when can waiving the privilege be allowed?

Answer 28

1. Patient is dead 2. Can no longer be claimed once waived 3. May be expressed or implied

Question 29

when patient expressly allowed the physician to testify on matters that are privileged (can be oral or written)

Answer 29

Expressed waiver of privelage

Question 30

if the patient broadcast or posted (example in Facebook) of his condition, then the patient entered a game show and told the audience about his condition then the physician may now reveal or answers the question in court.

Answer 30

Expressed waiver of privelage

Question 31

Evidence not proceeding from the personal knowledge of | the witness but from the mere repetition of what he had heard being said by other people

Answer 31

Hearsay evidence

Question 32

Reasons that hearsay evidence is not admissible are as follows:

Answer 32

1. Hard to determine if the original declarant is irresponsible 2. Depreciation of truth of the statement on the process of repetition 4. Possibility of fraud 5. Tendency to protract legal inquires

Question 33

5 REQUISITES FOR ADMISSIBILITY OF A DYING DECLARATION

Answer 33

1. State the cause 2. State the circumstance 3. State his knowledge of impending doom 4. Declarant is competent 5. Declarant is a victim of a crime __________________________________ 1. Must concern the cause and surrounding 2. circumstances of declarant’s OWN death 3. Declaration was made at the time declarant was conscious of impending death. 4. Declarant is a competent witness. 5. Declaration is offered in a criminal case of homicide, murder, or parricide where declarant is the victim

Question 34

5 DUTIES OF A PHYSICIAN WITH REGARDS TO | DYING DECLARATIONS

Answer 34

1. Observe if patient knows they're dying 2. Observe mental condition 3. Write statement of patients 4. Let law enforcement take the dying declaration 5. Do not decide relevance ____________________________________ 1. Observe patient and assess whether he is conscious of his impending death. 2. Observe mental condition. 3. Put down in writing the statements of the patient. 4. If possible, let officers of the law take the dying declaration. 5. Must not decide the relevance of the statement.

Question 35

Attendance this is considered ______, therefore inadmissible unless the ______ and be subjected to court examination.

Answer 35

hearsay evidence; author himself is presented in court

Question 36

This may be allowed if there is proof that the memorandum was previously written by witness or under his direction at the time when the facts occurred or immediately thereafter and he knew the same was correctly stated in writing.

Answer 36

Referral to memoranda

Question 37

must be produced and may be subjected to inspection by adverse party and may be crossexamined as to its contents.

Answer 37

Memorandum

Question 38

5 HOW MEDICAL TESTIMONY IS CONTRADICTED OR | IMPEACHED

Answer 38

1. contradicting testimonies 2. medical witness is intersted on outcome 3. By inconsistent statements 4. By not expressing opinion 5. scientific treatise is unsustainable

Question 39

2 giving untruthful statements

Answer 39

1. False testimony | 2. Perjury

Question 40

“False in one, false in all.”

Answer 40

FALSUS IN UNO, FALSUS IN OMNIBUS

Question 41

Once you have lied, your other statements are | presumably lies.

Answer 41

FALSUS IN UNO, FALSUS IN OMNIBUS

Question 42

3 Requisites for “Falsus in uno, falsus in omnibus” are as follows:

Answer 42

1. Witness deliberately or intentionally falsified the truth. 2. Other portions of testimony to be discredited are not corroborated. 3. False testimony must be on material point.

Question 43

3 INSTANCES WHERE PRINCIPLE IS NOT APPLICABLE

Answer 43

1. Sufficient coroborations 2. Mistake was not ina very material point 3. Error arise from innocent mistakes and desire of witness to exculpate himself

Question 44

3 COURT PROTECTION OF WITNESSES

Answer 44

1. Irrelevant question 2. May not be detained for a period longer than necessary 3. Can only be examined as to matters paertinent to the case