Evidence 4.22.

2024 Notes

Assignments:

1. What are those exemptions to mandatory appearance in court

2. Distinguish the two rights: right against self-incrimination and right to be silent

Voluntary confession before the media = admissible, miranda rights do not apply

Confession before the brgy tanud – miranda rights do not apply

Confession during administrative investigation – miranda rights do not apply

When is admission against interest not admissible?

Reasons why hearsay is not admissible

1. No opportunity to cross-examine the witness

2. No probative value
3. Declarant cannot be charged with perjury if the testimony is false

Hearsay vs Independent Relevant Statement

Exceptions to the Hearsay Rule: 13 under the rules, 2 in other rules

Piquito de joya case

Survivor’s Disqualification Rule = amended = Dead Man’s Statute

Distinction:

What are the safe guards to the Dead Man’s Statute

Declaration against self-interest = find the case

= There must be corroborating evidence = truthfulness

Res inter alios acta rule = 2nd form = Sec 34 Rule 130

= exceptions?

Consign to the court = relieve obligation if payee will not accept

Requisites of Declaration against interest and AAI vs DAI

Cabaez vs CA = baptismal certificate = private documents = hearsay = not admissible as evidence

Entries of minutes of meeting of Board Meetings of GSIS – see People v Dumlao G.R. No. 168918
March 2, 2009

Police report = People vs

Section 49 = “Former proceeding” = judicial and quasi judicial

Notes 4.24.2024

Character evidence

- Accused
o GR: Prosecution cannot present bad moral character of accused
 Exception: Accused presented proof of his good moral character, then
prosecution can present evidence of bad moral character
- Offended Party
o CSC vs Belagan https://lawphil.net/judjuris/juri2004/oct2004/gr_132164_2004.html?
fbclid=IwAR3GKSLxdRWugnPiAMLCqv93r2bFuFB1Pyslnu9HHDKPZdTpXZVKmBE-7Hs
 Issue: pivotal issue before us is whether complaining witness, Magdalena Gapuz,
is credible
 Ruling:
 GR: Generally, the character of a party is regarded as legally irrelevant in
determining a controversy
 Exception:
 Not every good or bad moral character of the offended party may be proved
under this provision. Only those which would establish the probability or
improbability of the offense charged. This means that the character evidence
must be limited to the traits and characteristics involved in the type of offense
charged. Thus, on a charge of rape - character for chastity, on a charge of assault
- character for peaceableness or violence, and on a charge of embezzlement -
character for honesty. In one rape case, where it was established that the
alleged victim was morally loose and apparently uncaring about her chastity, we
found the conviction of the accused doubtful.
o Robert Sierra vs People GR No. 182941***** David vs CA G.R. Nos. 11168-69, June 17,
1998****** READ!!! VERY IMPORTANT!!!!
 How to prove age: Birth certificate, baptismal certificate, school records
 https://lawphil.net/judjuris/juri2009/jul2009/gr_182941_2009.html
