NO TRUE TRUE TRUE YES FALSE Coffin plates are part of family reputation Example: Here lies a honest and a lawyer. Comment: That’s strange. Coffin plates part of family relation Lithography is an original document Lithography made, each copy an original? Text message is part of electronic evidence. Tape recording can be considered documentary evidence (p. 54, Q4 of Francisco book) Video recordings are part of electronic evidence. An amended pleading supersedes the original pleading which forms part of the record. Amended pleading form part of judicial admission. Admissions at pre-trial must be assisted by counsel and prosecutor. Pre-trial…accused-prosecute AA, witness against RR. RR marries AA. The testimonies of AA are admissible in evidence. Miss Universe, one deaf before trial, accused married witness, not disqualified to testify Negative words=mandatory; Positive words=permissive. Under statutory construction, negative words-mandatory, positive words-directory Affidavits are hearsay Affidavit part of hearsay evidence To constitute privilege communication of lawyers, the ff. requisites must be present: a)lawyer and client relationship; b)communication by lawyer to client or vice-versa; c)communication made in confidence. Atty-client requisites in relationship----communication, advice confidential. Factum probans is the fact in issue or the ultimate facts to be proved. Substantial evidence is a degree lower than preponderance evidence. Corroborative evidence is an additional evidence of the same kind bearing the same point. Additional evidence, different kind, cumulative? Corroborative (answer) Additional kind…cumulative…same kind Different kind…corroborative Unliquidated damages are implied admissions. Blotter in the police station must be presented to court under the best evidence rule. In order to establish the details entered in the police blotter, it is necessary to produce the blotter to the court under the BER. Parol evidence is between the parties and 3 rd parties Parol evidence rule is not applicable when controversy is between party and third person. Positive evidence counteracts or disproves a fact which did or did not occur. Answer: Negative Evidence. Positive evidence which is given to repeal, encounter, disprove facts given in evidence in either side. Answer: Rebuttal Evidence. Preponderance of evidence means greater weight than the other or opposition. Preponderance Evidence is…..more convincing Real evidence must have such relation to the fact in issue as to induce belief in its existence or nonexistence of fact. Answer: Collateral Matters. Admissions maybe contradicted only by showing that it was made through palpable mistake or that no such admission was made (Re: Judicial Admission). Failure to answer in a civil case tantamount to judicial admission (p. 34, Q7 of Francisco and Rule 129, Sec. 4) The incompetency to testify applies whether the deceased died before or after the commencement of the action against him. Recording converted into CD is admissible under electronic evidence. Compulsory blood test is a violation of self-incrimination. The counsel of the accused admitted the latter as insane. Placed him under surveillance without knowledge of the counsel. The findings of the doctor are admissible in evidence. Dying declaration is a confidential or privilege communication. Res gestae between husband and wife. Statement of a dying wife to her husband is not admissible as evidence under dying declaration. Proof of execution ang question (Kinsaymaka prove) Parol evidence not allowed to prove inducement an execution. Best evidence rule is the best evidence. Morphin forced out of suspect’s mouth is a violation of self-incrimination. Persons negligently destroyed the original is not precluded to present secondary evidence.



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. Parol evidence rule: A and B entered into a deed of Pacto de Retro sale. Is the contempt proper? Yes. Multiple choice question: Metrobank was robbed by A. 3 minutes after the incident. However. and C. B agreed. Whether prosecution must prove that the affidavit of accused made with assistance of counsel. Child cannot be compelled to testify against his or her mother because of filiation. A initially paid P20. Credit card Photocopies of sales invoice presented by card co. Court cited her for contempt. Can B be barred from testifying on the debt? Suggested Answer: Yes. Letter of choice: B (Past Question. Supreme Court ruled that card co. -if the mother made the offer of compromise: It cannot be used against the accused. Yes. 49. Teodoro Rule 130. 3 3. Multiple Choice Question:Offer of compromise in rape -if declined: It is an implied admission of one’s guilt. original amended Specifically denied ________not__________ to say……the general rules Proponent allowed to present secondary……accused. Reason: There is no admission by silence in court proceedings because constitutional right to remain silent. 4. The doctor may testify as long as such testimony would not blacken the reputation of the patient in question. User of the credit card could no longer recall if he has outstanding obligation. Refer to case: Citibank vs. Question: Are you a homosexual? Is it allowed? Not allowed in cross-examination for it is insulting. the requisites on the rule on Dead Man’s Statute are present. The agreed price for the construction is P50.falsification previous conviction Adverse party custody may be either plaintiff/defendant Dr. Multiple Choice Question: 1998 Bar Problem (past exam) Annulment case. 9. Multiple choice question: Facsimile is not part of electronic evidence. Manager told him what happened. 5. Survivor Disqualification Rule: A hired B as a carpenter to repair his house. Manager refused to testify on court on what had hWappened for fear of his life. 2. Husband can testify against the wife for such case is an exception under marital disqualification rule. before he could pay at the end of the construction. B filed an action to claim the remaining balance before A’s administrator known as C.000.. Is proof of bad moral character of the victim necessary? Why? Are there any exceptions? Refer to Albano reviewer. Multiple Choice Question: Legal separation case. 2011) 6. The accused himself must have made such offer to be considered as an implied admission of one’s guilt. B was charged with murder. Allowed.000. A still has P30. Verbal collection of witness admissible under the BER. admissible. Tips Given: 1. Instead. No presumption of legitimacy of child born after 300 days before dissolution of marriage (codal provision). What do you mean by “demurrer to evidence”? 8. Implied admission by silence is applicable in criminal and civil cases but not in court proceedings (2007 bar question). Captain’s statement is part of res gestae. Q21 of Francisco) Original writing be dispensed with…. Letter of Choice: A.000 to pay. the captain testified on what had happened. B. must submit original.31 32 33 34 35 36 37 38 39 40 · 41 42 43 44 · 45 YES YES NO YES YES NO NO NO NO TRUE TRUE TRUE FALSE TRUE Resemblance between father and minor. Suggested Answer: Captain’s testimony is valid. captain arrived to the scene. 7. Incompetency to testify applies whether the deceased died before or after the commencement of the action against him if at the time of the testimony was given he was already and cannot disprove it. 10. --------patient Parol evidence Complaint. Wife was given a subpoena to testify as a witness. Subsequent agreement sa exception. A asked for an extension of 2 days from the deadline to exercise right of redemption. Sec. one of the robbers. Wife refused for it is a violation of her right against self-incrimination. A died due to Sendong. The bank’s manager was hit by A. Accused testify subject doer compelled to …… signature [maybe compelled to write in open court] (p.

Admission vs. Accused cannot be subpoenaed to testify against himself Criminal case: Such right is absolute. Confession . Marital Privilege Communication vs. 12. On promulgation -----accused may not be compelled to go to court. Exception: During arraignment—can be subpoenaed. Elements of Dying Declaration b.11. Objective Questions: a. Marital Disqualification Rule c. What is the other exception? SUGGESTED ANSWER: Physical examination.

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