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What is the rule of res inter alios acta?

Under the rule of res inter alios acta, evidence that one did or did not do a certain thing at onetime is not admissible to prove that he did or did not do the same or similar thing at another time,but it may be received to prove a specific intent or knowledge, identity, plan, system, scheme,habit, custom or usage, and the like.

What is the test to determine the value of the testimony of a witness?

Evidence to be worthy of credit, must not only proceed from a credible source but must, inaddition, be credible in itself. And by this is meant that it shall be natural, reasonable andprobable as to make it easy to believe. No better test has yet been found to determine the valueof the testimony of a witness than its conformity to the knowledge and common experience of mankind.

What is a judicial admission?

A judicial admission is a formal statement made either by a party or his or her attorney, in thecourse of judicial proceeding which removes an admitted fact from the field of controversy. It is avoluntary concession of fact by a party or a party’s attorney during such judicial proceedings,including admissions in pleadings made by a party. It may occur at any point during the litigationprocess. An admission in open court is a judicial admission. A judicial admission binds the clienteven if made by his counsel.

When is a dying declaration admissible as evidence?

A dying declaration is admissible when (a) it concerns the cause and the surroundingcircumstances of the declarant’s death; (b) it is made when death appears to be imminent, andthe declarant is under a consciousness of impending death; (c) the declarant would have beencompetent to testify had he or she survived; and (d) the dying declaration is offered in a case inwhich the subject of inquiry involves the declarant’s death.

What is the equipoise doctrine?

The "equipoise doctrine" is the rule which states that when the evidence of the prosecution andthe defense are so evenly balanced, the appreciation of such evidence calls for tilting of thescales in favor of the accused. Thus, the evidence for the prosecution must be heavier toovercome the presumption of innocence of the accused.

What is the best evidence rule and what are some of its exceptions?

The best evidence rule enshrined in the Revised Rules on Evidence provides that “when thesubject of an inquiry is the contents of a document, no evidence shall be admissible other thanthe original document itself.” This rule is not without exception. Some of the exception are whenthe original has been lost or destroyed; cannot be produced in court without bad faith on the partof the offeror; or when the original is in the custody or under the control of the party against whomthe evidence is offered and the latter fails to produce it after reasonable notice.

What is the quantum of evidence required in preliminary investigations?

The quantum of evidence now required in preliminary investigation is such evidence sufficient to"engender a well founded belief" as to the fact of the commission of a crime and the respondent'sprobable guilt thereof. A preliminary investigation is not the occasion for the full and exhaustivedisplay of the parties' evidence; it is for the presentation of such evidence only as may engender a well grounded belief that an offense has been committed and that the accused is probably guiltythereof.

What is the principle of

in pari delicto non oritur actio

and what is the exception to thisgeneral rule?

The principle of

in pari delicto non oritur actio

denies all recovery to the guilty parties inter se. Itapplies to cases where the nullity arises from the illegality of the consideration or the purpose of the contract. When two persons are equally at fault, the law does not relieve them. The exceptionto this general rule is when the principle is invoked with respect to inexistent contracts.

What is the "fruit of the poisonous tree" doctrine?

It is an exclusionary rule which states that evidence illegally obtained by the state should not beused to gain other evidence because the illegally obtained evidence taints all evidencesubsequently obtained.

Will the contradictions between the affidavit and testimony in open court affect thecredibility of a witness?

The rule has also always been that the contradictions between the contents of an affiant’saffidavit and his testimony on the witness stand do not always militate against the witness’credibility because the Supreme Court has long taken judicial notice that affidavits, which areusually taken ex parte, are often incomplete and inaccurate. Indeed, a sworn statement taken exparte is generally considered to be inferior to a testimony given in open court as the latter issubject to the test of cross examination.

Is an offer of compromise admissible as evidence?

An offer of compromise is not an admission that anything is due, and is not admissible inevidence against the person making the offer. However, in criminal cases which are not allowedby law to be compromised, an offer of compromise by the accused may be received in evidenceas an implied admission of guilt.

What are the different classes of evidence?

The lack or absence of proof beyond reasonable doubt does not mean an absence of anyevidence whatsoever for there is another class of evidence which, though insufficient to establishguilt beyond reasonable doubt, is adequate in civil cases; this is preponderance of evidence.Then too, there is the "substantial evidence" rule in administrative proceedings which merelyrequires such relevant evidence as a reasonable mind might accept as adequate to support aconclusion.

Under the Rules of Court, how is the genuineness of a handwriting proved?

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A:

Under Rule 132, Section 22 of the Rules of Court,

the genuineness of a handwriting may beproved: 1) by any witness who believes it to be the handwriting of such person because: (a) hehas seen the person write; or (b) he has seen writing purporting to be his upon which the witnesshas acted or been charged; 2) by a comparison, made by the witness or the court, with writingsadmitted or treated as genuine by the party, against whom the evidence is offered, or proved tobe genuine to the satisfaction of the judge.

When is certiorari proper?

Certiorari may be issued only where it is clearly shown that there is patent and gross abuse of discretion as to amount to an evasion of positive duty or to virtual refusal to perform a dutyenjoined by law, or to act at all in contemplation of law, as where the power is exercised in anaribitrary and despotic manner by reason of passion or personal hostility.

Is contempt subject to a separate action?

The contention that a party's complaint for contempt must be the subject of a separate actionwould nullify contempt proceedings as means of securing obedience to the lawful processes of acourt-this theory would reward ingenuity and cunning in revising orders which substantially arethe same as the order previously prohibited by the court.

May facts outside the information be introduced in a motion to quash?

It is clear from Section 2 of Rule 117, Rules of Court, that a motion to quash may be based onfactual and legal grounds, and since extinction of criminal liability and double jeopardy areretained among the grounds for a motion to quash in Section 3 of the new Rule 117, it necessarilyfollows that facts outside the information itself may be introduced to prove such grounds.

What are the requisites of litis pendentia to constitute an abatement or dismissal of anaction?

In order to constitute a ground for the abatement or dismissal of an action, litis pendentia mustexhibit the concurrnece of the following requisites: (a) identity of parties, or at least such asrepresenting the same interest in both actions; (b) identity of rights asserted and relief prayed for,the relief being founded on the same facts; and (c) identity in the two cases should be such thatthe judgment that may be rendered in the pending case would, regardless of which party issuccessful, amount to res judicata in the other.

Who should be impleaded in an action for recovery of ill-gotten wealth?

All persons whether natural or juridical, who stand to lose in favor of the government under a judgment in such actions for recovery of so-called illegally acquired wealth should be impleadedas defendants to afford them an opportunity to be heard and to defend themselves in the action.

When is it necessary to file a separate and distinct action for recovery of ownership or possession of property?

The "proper action", the object of which is for the recovery of ownership or possession of theproperty seized by the sheriff, is and should be an entirely separate and distinct action from thatin which execution has issued, if instituted by a stranger to the latter suit.

What is an action?

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