Mangua, Jan Bryan L.

CLAW 5
BSCRIM 3-2 Sir. Hilario
Dumaual

1. There is a conflict between substantive and procedural law which shall prevail?
 As applied to criminal law, substantive law is that which declares what acts are crimes
and prescribes the punishment for committing them, as distinguished from the procedural
law which provides or regulates the steps by which one who commits a crime is to be
punished
 As a rule of evidence, section 11 of Rule 108 is also procedural. Evidence — which is the
"the mode and manner of proving the competent facts and circumstances on which a
party relies to establish the fact in dispute in judicial proceedings" — is identified with
and forms part of the method by which, in private law, rights are enforced and redress
obtained, and, in criminal law, a law transgressor is punished. Criminal procedure refers
to pleading, evidence and practice. (State vs. Capaci, 154 So., 419; 179 La., 462.) the
entire rules of evidence have been incorporated into the Rules of Court. We can not tear
down section 11 of Rule 108 on constitutional grounds without throwing out the whole
code of evidence embodied in these Rules.

2. A pretended to be a lawyer B who believed him conflicted privilege communication to

him
A told the information given by B to C
A told him that he is not covered by privilege communication because he is not a lawyer is
A correct?
 Yes, that is not covered by the Rules of Evidence, Section 24 (not covered by the
privilege communication) due to the unlicensed lawyer and B engaging in the practice of
law.

3. 5.A is deaf mute. He is being presented as a witness. He is the brother of the deceased
victim. Is he allowed to be a witness for the prosecution? Explain
 No, in a case decided by the Supreme Court of the Philippines, it was held that “A deaf-
mute is not incompetent as a witness. All persons who can perceive, and perceiving, can
make known their perception to others, may be witnesses.

4. What is intrinsic ambiguity? What is the effect of the ambiguity to the admissibility of
evidence?
 An intrinsic ambiguity, mistake, or imperfection in the written agreement.
Ambiguity arises when a language of the writing is clear on its face but contains
ambiguity in light of the extrinsic evidence that suggests more than one way of
interpretation.

5. A is deaf mute. He is being presented as a witness. He is the brother of the deceased

victim. Is he allowed to be a witness for the prosecution? Explain.
  No, in a case decided by the Supreme Court of the Philippines, it was held that “A deaf-
mute is not incompetent as a witness. All persons who can perceive, and perceiving, can
make known their perception to others, may be witnesses.

6. What is the difference between mandatory and discretionary?

 Mandatory conditions are the rules that judges must impose. Discretionary conditions are
the rules that judges can, but do not have to, impose.

7. The wife is the witness against the husband in an adultery case. Is that allowed? Explain.
 Yes, as a general rule, the husband can testify against the wife in an adultery case because
while adultery is in one sense a public crime, it can only be prosecuted with a few
exceptions on the complaint of the aggrieve party. Adultery would therefore come within
the provisions of section 383, paragraph 3, of the Code of Civil Procedure, as amended,
as an action for a crime committed by the wife against the husband. Whether we can
stretch the proviso to cover the testimony of the husband who expresses an opinion as to
the pregnancy of the wife is doubtful, which, however, in this instance can be waived
without decision.

8. In the pre-trial, parties entered to stipulations. Do you agree that stipulation are
confessions? Explain
 No, a stipulation is one of the intended feature or effects of a contract. The parties set
their minds upon it and agree to its consummation. Each party to the contract may or may
not speculate upon probable consequence performance thereof will have upon the
fortunes of third persons. But what they stipulate they desire to accomplish. Their minds
met upon the point. Now, the law prohibited a stipulation in favor of third person. In
other words, the law prohibited the parties agreeing to the performance of an act which
would directly and materially benefit one not a party to the contract.

9. In the case of Estipona pre-trial is considered as part of substantive law? Do you agree?
Explain
 Yes. According to Sec. 1 of Rule 118, pre-trial is mandatory in criminal cases just like
Estipona's. The court shall, after arraignment and within thirty (30) days from the date the
court acquires jurisdiction over the person of the accused, unless a shorter period is
provided for in special laws or circulars of the Supreme Court, order a pre-trial
conference. Also, substantive law is that part of the law which creates, defines and
regulates rights, or which regulates the rights and duties which give rise to a cause of
action; that part of the law which courts are established to administer; which makes the
pre-trial a part of substantive law

10. A is testifying on a matter told to him by B. Is that allowed? Explain

 No, according to Section 36 of the Rules of Court, testimony generally confined to personal
knowledge; hearsay excluded. — A witness can testify only to those facts which he knows of his
personal knowledge; that is, which are derived from his own perception, except as otherwise
provided in these rules.