You are on page 1of 3

EVIDENCE REVIEWER 1. 4 Rights of a witness nd 2 obligations a.

RIGHTS OF A WITNESS ( I D E A ) 1)Right to be protected from IRRELEVANT, improper or insulting questions and from harsh and insulting demeanor 2)Right not to be DETAINED longer than the interests of justice requires 3)Right to be EXAMINED only as to matters pertinent to the issue 4)Right not to give ANSWER w/c will tend to subject him to a penalty for an offense unless otherwise provided by law b. OBLIGATIONS OF A WITNESS ( AA ) 1)To ANSWER although his answer may tend to establish a claim against him 2)To ANSWER to the fact of his previous final conviction for an offense 2. OPINION RULE a. As a General Rule, opinion evidence, or opinion testimony is not admissible in evidence being a conclusion of what a witness thinks, believes, or infers regarding the facts in issue: However 1)An opinion of an ordinary or lay witness may be admitted as evidence if it tend to testified as to the i. Identify ii. Handwriting of a peron iii. Mental sanity of a peron iv. Impressions of the emotions, behavior, condition, or apperance of a person 3. MANDATORY AND DISCRETIONARY JUDICIAL NOTICE a. MANDATORY NOTICE ( SPF TAG POLL ) 1)S-tates extent of territory and existence 2)P-olitical history 3)F-orm of govt. and symbols of nationality 4)T-ime measure 5)A-dmiralty and maritime courts of the world and their seals 6)G-eographical divisions 7)P-hil constitution and history 8)O-fficial acts of 3 branches of govt. 9)L-aw of nations 10) L-aws of nature b. DISCRETIONARY JUDICIAL NOTICE ( P U J ) matters of: 1) P-ublic knowledge 2) U-nquestionable demonstration 3) J-udges know by reaon of judicial function. 4. PRIVILEGE AGAINST SELF INCRIMINATION a. It is the right of a witnes not to give answer w/c wil tend to subject him to a penalty for an offense b. It is not self executing nor automatically operational. It must be invoked at the proper time as when a question calling for incriminating answer is propounded. c. The right maybe wived, expressly or impliedly as by failure to claim it at the appropriate time d. This applies only to testimonial compulsions 5. WAYS TO AUTHENTICATE PRIVATE DOCUMENT a. Before any private document offered as autghentic is received in evidence, it due execution and its authenticity must be proved either: 1)By anyone who saw the document executed or written; or

6.

7.

8.

9.

2)By evidence of the genuineness of the signature or handwriting of the maker, of which maybe established by: i. By admission of the person sought to be charged w/ disputed writing made at or for the purpose of trial ii. By witnesses who saw the standards written or to whom or in whose hearing the person sought to b charged acknowledge the writing iii. By evidence howing the reputed writer of the standeard has recognize the ame or has ben adopted by him in business transaction 3)Where a party fails to specifically deny under oath the genuineness and due execution of a document attached and alleged in pleading, he is deemed to have admitted the same 4)For an ancient private document be exempt from proof of due execution and authenticity, it is not enough that it is more than 30 y/o; i. It is necessary that it is produced froma custody in which it would naturally be found if genuine, unblemish by any alteration or circumstance of suspicion. HOW TO IMPEACH CREDIBILITY OF A WITNES THRU PRIOR INCONSISTENT STATEMENTS: a. On a presumption that the witness has excuted an affidavit, document or any statement in writing prior to his testimony in court, inconsistencies to which may be proved as to impeach him by: ( I S R A E L ) 1)SHOWING the affidavit or statement in writing first to the witness and let him read it 2)Statement must be RELATED to him with circumstances of time, place and person present 3)Then he must be ASKED whther he made such statements 4)Witness must be allowed to EXPLAIN the discrepancy and contradicting statemnts 5)Lay the predicate. b. If witness has not given any reasonable explanation in reconciling the conflicting declarations, he should be deemed impeached, his credibility failed. REQUISITES OF AN ADMISSIBLE DYING DECLARATIONS a. In order that a dying declaration maybe admissible in evidence, 4 requisites must con cur, to wiy: 1)Declaration was mad under the conciousness of an impending death. He must be conciou that the death is near or certain or declarant believes he is about to die and gives up hope of surviving 2)It must concern the crime, and surrounding circumstances causing declarants death 3)The subject of inquiry in the case is the death of the declarant. An that at the time he made the declaration, he was a competent witness 4)The declaration is offered and admissible in evidence in any case (criminal, civil, etc.) GIVE 3 CONCLUSIVE PRESUMPTIONS AND 7 DISPUTABLE PRESUMPTIONS a. CONCLUSIVE PREUMPTIONS 1)Estoppel in Pais whenever a party has, by hi own ADO, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he cannot, in any litigation arising out of such ADO be permitted to falsify it. 2)Estoppel against tenant the tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them. 3)Effect of foreign judgment and final orders (Rule 39 Sec. 48 ) i. The effect of a foreign judgment or final order of a tribunal of a forein country having jurisdiction to render it in case upon a specific thing a. That final order is conclusive upon the title to the thing b. DISPUTABLE PRESUMPTIONS ( P I L O W W S ) 1)P-erson acting in public office was regularly appointed or elected to it 2)I-nnocence in a crime imputed to a person 3)L-aw has been obeyed 4)O-fficial duty has been regularly performed 5)W-riting is truly dated 6)W-illfully suppressed evidence would be adverse if produced 7)S-ufficient consideration in a contract 10 EXCEPTIONS TO HEARSAY EVIDENCE RULE: ( DDA FaCoPa E-EcoLeT ) a. D-ying declaration

b. D-eclaration against interest c. A-ct or declaration about pedigree d. Fa-mily reputation regarding pedigree e. Co-mmon reputation f. Pa-rt of Res Gestae g. E-ntries in the course of business h. E-ntries in official records i. Co-mmercial lists and the like j. Le-arnd treatises k. T-estimony or deposition at a former proceeding 10. A murdered man was found. No witness, no direct evidence pinpointing the suspect. Solve. a. There is a corpus delicti or the substantial fact that a crime was committed and some peroson is criminally responible for the act b. Since there is no direct link as to who would be the possible pepetrator, circumstantial evidence or indirect evidence may be adduce due to unavailability of direct evidence c. The circumtances proved then should constitute an unbroken chain which leads to one fair and reasonable conclusion pointing to an accused, to the exclusion of all the others, as the author of the crime d. These are evidence which indirectly proves a fact in issue, conisting of proof of collateral facts and 2 or more circumstances from which, existence of main fact is drawn, inferred according to reason and common experience