Jimenez, Julie Christine T.

March 17, 2021

EVIDENCE
RD
3 SUMMATIVE ASSESSMENT
17 MARCH 2021

I.

Jovito Canceran, together with Frederick Vequizo and Marcial Diaz Jr, was charged with
“Frustrated Theft.” The Information reads:

“That on or about October 6, 2002, at more or less 12:00 noon, at Ororama Mega
Center Grocery Department, lapasan, Cagayan de Oro City, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, Jovito Canceran, conspiring,
confederating together and mutually helping one another with his co-accused Frederick Vequizo
and Marcial,with intent to gain and without the knowledge and consent of the owner thereof,
did then and there wilfully, unlawfully and feloniously take, steal, and carry away 14 cartons of
Ponds White Beauty Cream valued at P28,627.20, belonging to Ororama Mega Center,
represented by William Michael N. Arcenio, thus, performing all the acts of execution which
would produce the crime of theft as a consequence but, nevertheless, did not produce it by
reason of some cause independent of accused’s will, that is, they were discovered by the
employees of Ororama Mega Center who prevented them from further carrying away said 14
cartons of Ponds White Beauty Cream, to the damage and prejudice of the Ororama Mega
Center.

In Violation of Article 308 in relation to Article 309, and 6 of the Revised Penal Code.”

You are the public prosecutor assigned to prosecute the case in court. Private
complainant Ororama gives you the list of persons as potential witnesses. Evaluate the list and
determine whether or not these persons are qualified as witnesses for the case. Explain briefly.

1. Trina Velasco, a shopper. She saw Jovito Canceran hide the items under the cartons
of Magic Flakes. Trina Velasco is a creditor of Jovito Canceran and has been at odds
with him for a few years due to the debt.
2. Agnes Canceran, the wife of Jovito Canceran. Agnes was with Jovito at the time of the
incident. She confirms that Jovito took the items.
3. Damalito Ompoc, a security guard. Ompoc was not on duty at the time of the incident,
but he heard about what happened in detail from Asyong Salonga, the security guard
who caught Jovito. He will testify on how Asyong caught accused.
4. William Magallanes, Finance Officer of the private complainant. He will testify on the
 value of the items. He was not around when the incident occurred.
5. Freddie Aguilo, the lookout of Jovito. In exchange for the charges to be dropped
against him, Aguilo admitted to his participation in the crime.

II.
A. X is charged with rape, for raping his daughter. The prosecution believes that the wife of
X is an eyewitness to the crime. The prosecution prays for the court to issue a
subpoena to compel the wife of X to testify.
1. If you are the counsel for the accused, will you object? If so, on what grounds?
2. If you are the judge, will you issue the subpoena?

B. Give an example where (1) both spousal immunity and marital privilege communication
rule applies and (2) only marital privilege communication applies, but not spousal
immunity.

C. In strictest confidence, H admitted to W that he killed X. After two years, H and W’s
marriage was annulled. If you are the prosecutor in the case filed versus H, can you
make W testify? Aside from W, could there be other witnesses who can testify as to
the fact of H’s admission to W? Explain and give the limitations of the witnesses.

III.

A. During the Pre-trial In the case against H, the prosecution listed as one of its witnesses
Mr. Z. The testimony of Mr. Z will be offered to prove that Mr. Z was a law student, that
H sent him a private message, asking for legal advice, and that H told Z thru Private
message that he committed the crime.
1. If you are the counsel of H, will you object to the testimony of Z? On what grounds?
2. If you are the public prosecutor, how will you convince the court to admit the
testimony of Mr. Z?

B. During the same pre-trial, the defense listed Dr. G. Dr. G will testify that Accused is
diagnosed with multiple personality disorder. The prosecution objected to the
presentation of Dr. G on the ground of physician-patient privilege. If you are the judge,
will you overrule or sustain the objection? Explain.

C. The prosecution also listed Fr. Miguel, a priest. Fr. Miguel is one of H’s close friends.
During a birthday party, H admitted to Fr. Miguel that he committed the crime. Fr.
Miguel will testify as to the admission made by H.
1. If you are the counsel of H, will you object to the testimony of Fr. Miguel? On
what grounds?
2. If you are the public prosecutor, how will you convince the court to admit the
testimony of Fr. Miguel?
 IV.

A. As a practicing lawyer, one of your retainer clients is a company offering transportation

services within Mindanao. One day, your client calls you for advice. One of their trucks hit
and ran over a pedestrian, killing him immediately. The client wants to make a compromise
with the family of the pedestrian. Lay down here a few guidelines that you
can give your client in settling with the family without admitting any liability on the part
of the company.

B. A, B and C are partners in a food business. A, signed a note admitting that the partnership
is liable to your client for P1Million Pesos. The debt is still unpaid and so your client
wants to sue the partnership. What steps will you take to ensure that the admission of A
will bind the partnership?

C. Give a specific example or situation that explains the concept of res inter alios acta.

V.

A. Identify whether the statement is hearsay or not:

1. Anne lost her wallet in school. Anne asked Elaine if she knows who took her wallet.
Elaine pointed to Carla. Anne is testifying as to the fact that Carla took her wallet. 2.
Anne lost her wallet in school. Anne asked Belle if she saw her wallet. Belle said, “Carla
took it.” Anne is testifying as to the fact that Carla took her wallet. 3. Anne lost her
wallet in school. Anne asked Belle if she saw her wallet. Belle said, “Carla took it.” Anne
is testifying as to the fact that Belle accused Carla of taking her wallet.
4. While Anne testifies, she is cross-examined on an affidavit where she alleged that
Donna took her wallet, not Carla.

VI.

Lito was eating supper in their kitchen when he heard a gunshot. From a distance of
about ten (10) meters, he also noticed smoke and fire coming from the muzzle of a big gun.
Moments later, he saw Artemio clasping his chest and staggering backwards to the direction of
his kitchen. Artemio shouted to him, “Tabangi ko Pre, gipusil ko ni kapitan! (Help me Pre, I was
shot by the captain.)” However, Lito did not see the person who shot Artemio because his
attention was then focused on Artemio.

As he was gasping for his last breath, he whispered to Lito, “Pre, ang imong
kamanghuran, akua ng anak. (Pre, your youngest is actually my child.”). Then he died.

Shortly, the wife of Artemio shouted, “Kapitan, ngano nimo gipatay ang akong bana?”
She was crying for help.

Lito, shocked at the revelation of Artemio, shouted to his wife, “Linda! Patyun tika!”

Explain whether these statements can be admitted as (a) dying declaration and/or (b)
res gestae.
1. “Tabangi ko Pre, gipusil ko ni kapitan! (Help me Pre, I was shot by the captain.)”
2. “Pre, ang imong kamanghuran, akua ng anak. (Pre, your youngest is actually my
child.”)
3. “Kapitan, ngano nimo gipatay ang akong bana?”
4. “Linda! Patyun tika!”

VII.

A. Ferdinand and Imelda’s youngest daughter is Aimee. It is a well-kept family secret that
Aimee is actually the daughter of Ferdinand and Imelda’s eldest daughter, Imee.
Ferdinand said this fact to a former housemaid. The illegitimate father of Aimee is Bill
Bezos, who at that time, was a close-in security of Imee. Decades later, Bill Bezos
became a billionaire internet mogul. Bill dies. Is it possible for Aimee to establish her
paternity through the declaration of Ferdinand to a former housemaid? Explain.

B. A case was filed against Marc for theft. During Pre-trial, defense lists as one of its
witnesses Mr. Charlie. His testimony will be offered to prove that Marc has a good
reputation in the community as he is an SK leader who has led many projects in the
barangay.

1. If you are the prosecution, will you object to the testimony of Mr. Charlie? On what
grounds?
2. If you are the judge, will you sustain or overrule the objection?

VIII.

A. In a case filed against your client for slight physical injuries, a witness, Mr. Daniel, testifies
that he saw your client punch private complainant. You intend to impeach the credibility
of the witness. How? Give a specific situation or strategy on how you may impeach him.

B. You are the prosecutor in the case filed for attempted homicide. The witness, Fernando,
is an eyewitness. He was with the private complainant when accused suddenly rushed
to private complainant and stabbed the latter with a knife. The eyewitness is on cross.
The adverse counsel asks him questions with respect to his personal life, including his
mistresses. Adverse counsel also threatens him that he will be liable for perjury if he
says false statements in court. Are these objectionable? If not, why not? If yes, on what
 grounds?

IX.

Your client married to a foreigner here in the Philippines. The foreigner was granted
divorce abroad. Your client wants to institute annulment proceedings against the foreigner. She
wants to present to the court the final decree of the court abroad granting them divorce.
Assuming that the court which issued the divorce decree is part of a State that is a party to the
Apostille convention, explain in detail how you will authenticate and prove such documents.

X.

Your client wants to sue its debtor who failed to pay despite several attempts. Your
client has a promissory note signed by the debtor. The debtor denies the signature. A. How do
you prove to the court that the signature of the debtor is genuine? Lay out your strategies.
B. If, on the other hand, you are the counsel for the debtor, how do you prove that your
client (debtor)’s signature is falsified? Lay out your strategies.

- End of Exam -