Evidence Midterms Reviewer

Front 1

What is Evidence?

Back 1

Evidence is the MEANS
SANCTIONED by these RULES
of ascertaining in a JUDICIAL proceedings
the TRUTH respecting a MATTER of FACT

Front 2

What is Factum Probandum?

Back 2

Ultimate Fact sought to be established

Front 3

What is factum probans?

Back 3

Evidentiary fact by which factum probandum is established

Front 4

Can the rules of evidence be applied in quasi-judicial proceedings?

Back 4

Yes, by analogy, or in a suppletory character.

Front 5

What is relevant evidence?

Back 5

Evidence having any value in reason as tending to prove any matter provable in an action.

Front 6

What is material evidence?

Back 6

Evidence directed to prove a fact in issue as determined by the rules of substantive law and pleadings.

Front 7

What is competent evidence?

Back 7

Evidence that is not excluded by the rules, the law, or by the constitution.

Front 8

What is direct evidence?

Back 8

Evidence that proves a fact in dispute without aid of any inference or presumption.

Front 9

What is circumstantial evidence?

Back 9

Evidence of collateral facts or circumstances from which an inference may be drawn as to the probability or improbability of the fact in dispute.

Front 10

What is cumulative evidence?

Back 10

Evidence of the same kind and relating to the same state of facts.

Front 11

What is corroborative evidence?

Back 11

Additional evidence of a different character to the same point.

Front 12

What is prima facie evidence?

Back 12

That which standing alone, unexplained or uncontradicted is sufficient to maintain the proposition affirmed.

Front 13

What is conclusive evidence?

Back 13

Class of evidence which the does not allow to be contradicted.

Front 14

What is primary evidence?

Back 14

Best evidence which the law regards as affording the greatest certainty of the fact in question.

Front 15

What is secondary evidence?

Back 15

That which is inferior to primary evidence and is permitted by law only when the best evidence is not available

Front 16

When is evidence positive?

Back 16

When a witness affirms that a fact did or did not occur.

Front 17

When is evidence negative?

Back 17

When a witness states that he did not see or did not know of the occurrence of a fact.

Front 18

When is evidence admissible?

Back 18

Evidence is admissible when it is relevant to the issue and not excluded by the law or the rules.

Front 19

When is evidence relevant?

Back 19

When it has a relation to the fact in issue as to induce belief in its existence or non-existence.

Front 20

What are collateral matters?

Back 20

Matters other than the facts in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue.

Front 21

Is evidence on collateral matters allowed?

Back 21

No, except when it tends in any reasonable degree to establish the probability of the fact in issue.

Front 22

When is evidence conditionally admissible?

Back 22

When the evidence at the time of its offer appears to be immaterial or irrelevant unless it is connected with the other facts to be subsequently proved.

Front 23

When may evidence be admissible for two or more purposes?

Back 23

Multiple admissibility. When the evidence is relevant and competent for two or more purposes, provided it satisfies all the requirements of law for its admissibility.

Front 24

What is curative admissibility?

Back 24

This relates to the right of a party to introduce incompetent evidence in his behalf when the court has admitted the same kind of evidence adduced by the adverse party.

Front 25

What is object evidence?

Back 25

Evidence addressed to the sense to the court. When it is relevant to the fact in sue, it may be exhibited to, examined, or viewed by the court.

Front 26

When may the court refuse introduction of object evidence?

Back 26

When the evidence to be presented:
a) is contrary to public policy;
b) would result in delays, inconvenience, unnecessary expenses;
c) would be confusing or misleading;
d) is unnecessary because the testimonial or documentary evidence clearly portrays the object in question.

Front 27

When are documents considered real evidence?

Back 27

When the purpose is to prove the existence or condition, nature of the handwritings, determine the age of the paper, or when falsification is alleged.

Front 28

What is documentary evidence?

Back 28

Evidence consisting of writings, or any material containing letters, words, numbers, figures, symbols or other mode of written expressions offered as proof of their contents.

Front 29

What is the best evidence rule?

Back 29

When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.

Front 30

What are the exceptions to the best evidence rule?

Back 30

The exceptions are:
1) when the original has been lost or destroyed or cannot be produced in court
2) when the original is n custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice
3) when the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole.

Front 31

What is an original document?

Back 31

The original of a document is:
1) one the contents of which are the subject of the inquiry;
2) Also when two or more copies are executed at or about the same time;
3) When an entry is repeated in the regular course of business, one being copied from another at the time of the transaction.

Front 32

When is secondary evidence admissible because of loss, destruction, or unavailability of the original?

Back 32

When there is proof by satisfactory evidence of:
1) Due execution of the original;
2) loss, destruction, or unavailability of all originals;
3) reasonable diligence and good faith in the search for or attempt to produce the original.

Front 33

What may secondary evidence consist of?

Back 33

Secondary evidence may consist of: 1) a copy of the said document; 2) a recital of its contents in an authenticated document; 3) the recollection of witnesses, in that order.

Front 34

When may secondary evidence be admissible because of the document is in the custody of the other party?

Back 34

When after reasonable notice to produce the document, and after proof of its existence, the other party still fails to produce the document.

Front 35

When may secondary evidence be admissible on account of its voluminous character?

Back 35

When: 1) the voluminous character is established;
2) such records must be accessible by the adverse party

Front 36

What is the parole evidence rule?

Back 36

When the terms of the agreement have been reduced to writing, it is to be considered as containing all the terms agreed upon and there can be no evidence of such terms other than the terms of the written agreement between the parties and their successors in interest.

Front 37

What are the exceptions to the parole evidence rule?

Back 37

Parties may still present evidence to modify, explain, or add to the terms of the written agreement if he puts in issue in his pleadings:
1) an intrinsic ambiguity, mistake, or imperfection in the written agreement;
2) the failure of the written agreement to express the true intent and agreement of the parties thereto;
3) the validity of the written agreement
4) the existence of other terms agreed to by the parties or their successors in interest after the execution of the document.

Front 38

What is parole evidence?

Back 38

Any evidence aliunde, whether oral or written, which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document.

Front 39

Distinguish parole evidence rule and best evidence rule.

Back 39

1) in PER, original is presumed to be in court; in BER, original is missing;
2) PER prohibits the varying of terms in an agreement,; BER prohibits introduction of substitutionary evidence;
3) PER applies only to contractual documents; BER applies to all kinds of documents;
4) PER may only be invoked by parties to the agreement; BER may be invoked by any party to an action regardless of whether or not such party has participated in the writing involved.

Front 40

When is there latent/intrinsic ambiguity?

Back 40

When the writing appears to be clear and unambiguous, but there are collateral matters or circumstances which make the meaning uncertain.

Front 41

When is there patend/extrinsic ambiguity?

Back 41

When the ambiguity is apparent on the face of the writing itself and requires something to be added in order to ascertain the meaning of the words used.

Front 42

When is there intermediate ambiguity?

Back 42

When the words of the writing, though seemingly clear and with a settled meaning is actually equivocal and admits of two interpretations.

Front 43

What is testimonial evidence?

Back 43

What is submitted to the court through the testimony or deposition of a witness.

Front 44

Who may be witnesses?

Back 44

All persons who can perceive, and perceiving can make known their perception to others may be witnesses.

Front 45

Who cannot be witnesses?

Back 45

1) Those whose mental conditions at the time of their production or examination, is such that they are incapable of intelligently making known their perception to others;
2) Children whose mental maturity is such as to render them incapable of perceiving facts respecting which they are examined and relating them truthfully.

Front 46

What does the court consider in determining the capacity of a child witness?

Back 46

1) the capacity at the time the fact to be testified occurred shat that he could receive correct impressions thereof;
2) the capacity to comprehend the obligation of an oath;
3) the capacity to relate those facts truly at the time he is offered as a witness.

Front 47

What is spousal immunity?

Back 47

During their marriage, neither the husband nor the wife may testify for or against each other without the consent of the affected spouse.

Front 48

What are the exceptions to spousal immunity?

Back 48

1) consent of the affected spouse;
2) civil case by one against the other;
3) criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants.

Front 49

What is the dead man’s statute?

Back 49

a) Parties or assignors of parties to a case, or persons in behalf the case is prosecuted,
b) against the executor or administrator or other representative of a deceased person, or against a person of unsound mind,
c) upon a claim or demand against the estate of such deceased person or against such person of unsound mind
d) cannot testify as to any matter of cat occurring before the death of such deceased person or before such person became of unsound mind.

Front 50

What are the requisite for the dead man’s statute to apply?

Back 50

a) the witness is a party plaintiff;
b) the case is against the executor or the administrator of a person deceased or of unsound mind;
c) the case is upon a claim or demand against the estate of such person
d) the testimony to be given is on a matter of fact occurring before the death of such deceased person or before such person became of unsound mind.

Front 51

Who are disqualified by reason of privileged communication?

Back 51

a) husband or wife during or after the marriage as to any communication received in confidence by one from the other;
b) attorney
c) person authorized to practice medicine, surgery, or obstetrics
d) a minister or priest regarding the confession
e) public officer with regard to communications made to him in official confidence

Front 52

Who may object under the disqualification rules?

Back 52

Only the persons protected thereunder may object.

Front 53

What are the requisites to invoke disqualification by reason of marital privilege?

Back 53

a) there was a valid marital relation;
b) the privilege is invoked with respect to confidential communication between spouses during the marriage
c) the spouse against whom such evidence is being offered has not given consent.

Front 54

Distinguish spousal immunity from marital privilege.

Back 54

a) SI may be invoked only if one of the spouses is a party to the action; MP may be invoked even if none of the spouses are parties
b) SI may only be invoked when marriage exists at the time the testimony is offered; MP may be claimed even after the marriage has been dissolved;
c) SI constitutes total prohibition; MP applies only to confidential communications between spouses.

Front 55

What are requisites for attorney client privilege to apply?

Back 55

a) there is an attorney-client relation;
b) the privilege is invoked with respect to a confidential communication;
c) the client has not given his consent.

Front 56

When does the atty-client privilege not apply?

Back 56

when the communications are:
a) intended to be made public;
b) intended to be communicated to others;
c) intended for an unlawful purpose;
d) received from third persons not acting as agents of the client;
e) made in the presence of 3rd parties

Front 57

What are the requisites for physician-patient privilege to apply?

Back 57

a) the physician is authorized to practice medicine, surgery or obstetrics;
b) the information was acquired in his professional capacity;
c) the information would blacken the reputation of the patient
d) the privilege is invoked in a civil case, whether the patient is a party or not

Front 58

When does the physician-patient privilege not apply?

Back 58

When: 1) the communication was not given in privilege; 2) the communication is irrelevant to the professional employment; 3) the communication was done for an unlawful purpose; 4) the information was intended to be made public; 5) there was a waiver.

Front 59

What are the requisites for minister-penitent privilege to apply?

Back 59

1) must be made pursuant to religious duty;
2) confidential and penitential in character

Front 60

What are the requisites for the disqualification because of privileged communications to public officers?

Back 60

a) made to the public officer in confidence;
b) public interest would suffer by the disclosure of that information

Front 61

What is parental and filial privilege?

Back 61

No person may be compelled to testify against his parents, other direct ascendants, children, or other direct descendants.

Front 62

What is an admission?

Back 62

An admission is any statement of fact made by a party against his interest or unfavorable to the conclusion for which he contends or is inconsistent with the facts alleged by him.

Front 63

Distinguish admission from confession.

Back 63

1) an admission is a statement of fact which does not involve an acknowledgement of guilt;
2) an admission may be express or tacit, while a confession must be express;
3) an admission may be made by third persons; while confessions can be made only by the party himself.

Front 64

What are the requisite for an admission to be admissible?

Back 64

1) must involve matters of fact;
2) must be categorical and definite;
3) must be adverse to the admitter’s interest.

Front 65

Distinguish declarations against interest from admission.

Back 65

1) DAC must be against pecuniary interest; admission need not be;
2) DAC must be made by a person who is deceased or unable to testify; an admission is made by the party himself;
3) DAC must be made ante litem motam; admission can be made anytime.

Front 66

What is a self-serving declaration?

Back 66

One which has been made extrajudicially by the party to favor his interests.

Front 67

What are the rules regarding compromise?

Back 67

1) In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror;
2) In criminal cases, not quasi-offenses, an offer of compromise may be received in evidence as an admission of guild.
3) A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to a lesser offense is not admissible in evidence against the accused who made the plea or offer
4) An offer to pay or payment of medical expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability.

Front 68

What is rule of res inter alios acta?

Back 68

The rights of a party cannot be prejudiced by an act, declaration, or omission of another.

Front 69

What are the exceptions to the res inter alios acta rule?

Back 69

Where the third person is:
1) a partner/agent;
2) joint owner/joint-debtor;
3) co conspirator;
4) privy of the party.

Front 70

How can an admission by a co-partner or agent be admissible?

Back 70

1) the partnership, agency or joint interest is established by evidence other than the act or declaration;
2) the act or declaration is within the scope of the partnership, agency, or joint interest;
3) such act or declaration must have been made during the existence of the partnership, agency, or joint interest.

Front 71

When is an admission by a conspirator admissible?

Back 71

1) such conspiracy is shown by evidence aliunde;
2) the admission was made during the existence of the conspiracy;
3) the admission relates to the conspiracy itself.

Front 72

What is the rule regarding admissibility of extrajudicial admissions by a conspirator after the conspiracy and before trial?

Back 72

They are not admissible except:
1) if made in the presence of a co-conspirator who expressly or impliedly agrees;
2) where the facts in the admission are confirmed in the individual extrajudicial confessions made by the co-conspirators after their apprehension;
3) as a circumstance to determine the credibility of a witness;
4) as circumstantial evidence to show the probability of the co-conspirator’s participation in the offense.

Front 73

What is an admission by privy?

Back 73

Where one derives title to property from another, the act, declaration, or omission of the latter, while holding title, in relation to the property is evidence against the former.

Front 74

What are the requisites for admissions by privy to be admissible?

Back 74

a) there must be a relation of privity between the party and declarant;
b) the admission was done by the declarant, as predecessor in interest while holding the title to the property;
c) the admission is in relation to said property

Front 75

What is admission by silence?

Back 75

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 or possible for him to do so may be given in evidence against him.

Front 76

What are the requisites for admission by silence?

Back 76

a) he must have heard or observed the act or declaration of the other person;
b) he must have had an opportunity to deny it;
c) he must have understood the statement;
d) he must have an interest to object, such that he would naturally have done so if the statement were not true;
e) the facts were within his knowledge;
f) the fact admitted or the inference to be drawn from his silence is material to the issue.

Front 77

What is a confession?

Back 77

A confession is a categorical acknowledgement of guilt made by an accused in a criminal case, without any exculpatory statement or explanation.

Front 78

What are the requisites for a confession to be admissible?

Back 78

1) it must involve an express and categorical statement of guilt;
2) the facts admitted must constitute a criminal offense;
3) It must have been done voluntarily;
4) it must be intelligently made.
5) There must have been no violation of the Constitution.

Front 79

What is the second branch of the res inter alios acta rule?

Back 79

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 a similar thing at another time.

Front 80

What are the exceptions to this rule?

Back 80

Such evidence may be received to prove:
1) a specific intent or knowledge;
2) identity;
3) plan, system, or scheme;
4) specific habit;
5) established customs and usages.

Front 81

What is the rule in tender of payment?

Back 81

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.

Front 82

What facts can a witness testify on?

Back 82

A witness can testify only to those facts which he knows of his personal knowledge, that is, which are derived from his own perception.

Front 83

What is the hearsay evidence rule?

Back 83

Any evidence, oral, or documentary, is hearsay if its probative value is not based on the personal knowledge of the witness but on the knowledge of some other person not on the witness stand.

Front 84

What is the doctrine of independently relevant statements?

Back 84

A witness may testify to the statements made by another person if, for instance, the fact that such statements were made would indicate the other person’s mental state or physical condition.