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Remedial Law (Evidence) Memory Aid Ateneo Central

Remedial Law (Evidence) Memory Aid Ateneo Central

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Published by: bhaby05honey on Jan 12, 2010
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01/31/2013

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1
REMEDIAL LAW (EVIDENCE)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
EVIDENCE
1.Definitionsa.
Factum probandum
– ultimate fact or the fact sought to be establishedb.
Factum probans
– evidentiary fact or the fact by which the
factum probandum
isto be established2. Classification of evidencea.
Object (Real)
 
That which is directly addressed to the senses of the court and consists of tangible things exhibited or demonstrated in open court, in an oculainspection, or at a place designated by the court for its view or observation of an exhibition, experiment or demonstration
Documentary 
Evidence supplied by written instruments or derived from conventionalsymbols, such as letter, by which ideas are represented on materialsubstances
Testimonial 
That which is submitted to the court through the testimony or deposition of awitnessb.
Relevant 
Evidence having any value in reason as tending to prove any matter provablein an action
Relevancy 
– logical relation of evidentiary fact to fact in issue
Material 
Evidence directed to prove a fact in issue
Competent 
One that is not excluded by law in particular casec.
Direct 
That which proves the fact in dispute without the aid of any inference or presumption
Circumstantial 
The proof of the facts other than the fact in issue from which, taken either singly or collectively, the existence of the particular fact in dispute may beinferred as a necessary or probable consequenced.
Cumulative
 
Evidence of the same kind and to the same state of facts
Corroborative
Additional evidence of a different character to the same point for higher probative valuee.
Prima facie
That which standing alone, unexplained or uncontradicted is sufficient tomaintain a proposition
Conclusive
Class of evidence which the law does not allow to be contradictedf.
Primary or Best 
That which the law regards as affording greatest certainty of the fact inquestion
Secondary or Substitutionary 
 
2
REMEDIAL LAW (EVIDENCE)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
That which is inferior to the primary evidence and is permitted by law onlywhen the best evidence is not availableg.
Positive
The witness affirms that a fact did or did not occur 
Negative
The witness states that he did not see or know of the occurrence of a fact
R
ULE
129 W
HAT
N
EED
N
OT
B
E
P
ROVED
1. What do not need to be proved:a.Matters of judicial noticeb.Judicial admissionsc.Facts presumedd.Allegations in complaint or answer which are immaterial to the issuee.Facts admitted or not denied in the answer, provided they have beensufficiently allegedf.Those which are the subject of an agreed stipulation of facts between theparties, as well as judicial admissions made in the course of the proceedingsg.Technical admission when defendant fails to specifically deny theallegations of plaintiff 2. Doctrine of processual presumption – absent any evidence or admission, the foreignlaw in question is presumed to be the same as that in the Philippines3. Mandatory judicial notice [SLAPTONG]
a.
S tates – existence, territory, political history, government, symbols of nationality
 b.
L aw of nations
c.
A dmiralty and maritime courts and seals
d.
P hilippine – political constitution and history
e.
O fficial acts
Court cannot take judicial notice of a law or regulation that is not yet effective
Decisions of SC are proper subjects of mandatory judicial notice
f.
Laws of nature
g.
Measure of time
h.
G eographical division4. Discretionary judicial noticea.Matters which are of public knowledge
Common and general knowledge
Indisputableb.Matters capable of unquestionable demonstrationc.Ought to be known by judges because of their judicial functions
Newspaper reports not subject to judicial notice
Courts cannot take judicial notice of custom. Custom must be proved as amatter of fact.
Pardon is granted by the Chief Executive and as such is a private act which mustbe pleaded and proved by the person pardoned.5. Judicial Admissions:
Verbal or written; made by a party in course of the proceedings in the same case
May only be contradicted by showing that:a.Made through palpable mistake; or 
 
3
REMEDIAL LAW (EVIDENCE)MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
b.No such admission was made.
Admissions made in a pleading later amended: lose their status as judicialadmissions; become merely extra-judicial admissions which must be offered.
A stipulation made during a criminal proceeding is tantamount to a judicialadmission and need not be signed as required by R118, §4 to be binding on theaccused.
A court cannot take judicial notice of an admission made by a party in another case even if the latter case is pending before the same sala or judge, except:a.In the absence of objection;b.With knowledge or upon request of the parties.
R
ULE
130 R
ULES
 
OF
A
DMISSIBILITY
1. Admissibility of object evidencea.Relevant to fact in evidenceb.Object must be authenticated before it is admitted2. Production of documents under this rule and Under Rule 27 (modes of discovery),distinguished
R
ULE
130R
ULE
27
Production is procured by mere notice toadverse party, and requirements for suchnotice must be complied with as acondition precedent for the subsequentevidence by the proponentProduction is by proper motion in the trialcourt, and is permitted only upon goodcause shown (mode of discovery)Presupposes that the document to beproduced is intended as evidence for theproponent who is presumed to haveknowledge of its contents, secondaryevidence thereof being available in case of its non-productionContemplates situation wherein documentis either assumed to be favorable to theparty in possession thereof OR that theparty seeking its production is notsufficiently informed of the contents of thesame
B
EST
E
VIDENCE
R
ULE
1.General Rule: When the subject of an inquiry is the contents of a document, noevidence shall be admissible other than the original document itself. (If only the factof execution/existence/surrounding circumstances only is involved, Rule does notapply)2.
Exceptions
to Best Evidence Rule:a.Original is lost or destroyed, or cannot be produced in court without bad faith onthe part of the offeror;b.When the original is in the custody of the party against whom the evidence isoffered, and the latter fails to produce it after reasonable notice;c.When the original consists of numerous accounts or other documents whichcannot be examined in court without great loss of time and the only fact sought tobe established is the general result of the whole; andd.When the original is a public record in the custody of a public officer or isrecorded in a public office.3.Meaning of “original” documenta.The one the contents of which are the subject of an inquiryb.If in 2 or more copies executed:ii.At or about the same time; ANDiii.With identical contents

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