1. Yes, the lender correctly applied the totality rule.

The Totality Rule provides if the claims of the plaintiff is principally for recovery of money, the aggregate
amount of the claims shall be the test of jurisdiction.

2. The jurisdiction of the court over the subject matter is determine in the allegations of the
complaint and not on the later evidence adduced by the parties.

Evidence is the means sanction by the Rules of Court, of ascertaining in a judicial proceeding the truth
respecting a matter of fact.

The court need not need the introduction of evidence of official acts of the three branches of the
National Government of the Philippines.

The court may take judicial notice of matters which are of public knowledge, or are capable of
unquestionable demonstration, or matters that are ought to be known by the judges by reason of their
official function.

OPINION RULE

The opinion of a witness on a matter requiring special knowledge, skills, training, experience or
education which he or she possess, may be received in evidence. The expert witness must be qualified
before he may testify.

The opinion of an ordinary witness may be received in evidence regarding:

a. The identity of the person about whom he has adequate knowledge;

b. The handwriting of the person with which he has adequate familiarity; or
c. The mental sanity of the person with whom he has sufficiently acquainted

The witness may also testify on his impression on the behavior, emotion, condition or appearance of a
person.

CHARACTER EVIDENCE

Evidence of a person’s character shall be admissible in:

a. Criminal action: where the character of the offended party may be proved if it tends to establish
in any reasonable degree the probability or improbability of the offense charged.
 b. The accused may prove his good moral character pertinent to the moral trait involved in the
offense charged. However, the prosecution may not prove the accused’s bad moral character
unless on rebuttal

In civil cases:

a. Evidence of moral character of the parties may be admissible only when pertinent to the
issue of character involved in the case. Thus, it may be given in evidence when the
character is the main issue of the case.

Both criminal and civil:

a. When the witness is impeached, evidence of good moral character of the witness is admissible.
b. Proof may be made by testimony as to reputation or testimony in the form of an opinion
c. In cross examination, inquiry is allowable into relevant specific instances of conduct.
d. In cases where the character or trait is one of the main or essential elements of a charge, proof
may be made of specific instances of the person’s conduct.

The petition is not necessary

Under the Rules on Evidence, there is a disputable presumption that a person is dead when he is a
member of armed forces who has taken part of hostilities, and has been missing for four years.

Cyber crime warrant

a. Preservation warrant
b. Disclosure warrant
c. Interception warrant
d. Search and seizure and examination warrant
e. Examination warrant
f. Destruction warrant

Impeaching a witness is done through:

a. Contradictory evidence
b. That his general reputation of truth, honesty and integrity is bad
c. That there is inconsistent statement of his previous statements and present testimony
d. By evidence that he was convicted of an offense with penalty exceeding one year or convicted of
an offense involving moral turpitude.

A leading question which suggests the witness to the answer which the examiner desires is not allowed
except for:

a. Cross-examination
 b. Preliminary matters
c. Unwilling or hostile witness
d. Adverse party
e. When it its difficult to get an intelligible answer from an ignorant, child of tender years, or
feeble-mind or deaf mute

An unwilling or hostile witness may only be considered when the court declared so upon sufficient
showing:

a. His adverse interest

b. Unjustified reluctance to testify
c. Misled the party in calling him to the witness stand

Direct examination is an examination-in-chief of a witness by a party presenting him on the facts

relevant to the issue.

A party may impeach his or her own witness only when:

a. The witness is an unwilling or hostile witness

b. Adverse party witness

Public documents are:

a. Written official acts or records of the sovereign authority, official acts or tribunals, or public
officer whether in or out of the Philippines
b. Documents acknowledge before a notary public
c. Documents which are considered public documents under treaties and conventions which are in
force between the Philippines and the country of source
d. Public records which are private documents required by law to be entered

(a) May be proved by

a. Official publication
b. Copy attested by the officer having legal custody of the record stating that it is the
correct copy of the original and under the official seal of the office; and
c. Certification that the person has legal custody of the records if it is kept in a foreign
country, made by a officer in the foreign service of the Philippines stationed in the
foreign country where the record is kept and authenticated by seal of his office.
For (d), it may be proved by:

a. Original copy
b. Copy attested by the legal custodian
c. Certification that the officer has the legal custody of the record

PRIVATE DOCUMENTS:

Authentication of private documents:

a. By any person who saw the execution of the document

b. By evidence of the genuineness of the signature and handwriting of the maker
c. By other evidence showing its due execution and authenticity

Objection must be made immediately after the offer is made

Objection to the witness must be made as soon as the witness is called to testified. The objection of any
question propounded during the examination must be made as soon as the grounds become reasonably
apparent.