Law of Evidence Lecture (Rule 128-130)

Coverage: Rule 128 to 130 of the Rules of Court
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- When evidence is obtained in violation of the Constitution, what shall it become?
- What is the “fruit of the poisonous tree?”
- What are unreasonable search and seizures?
- When can a search and seizure be valid?
- When can warrantless arrest be effected?
- Is raw intelligence a ground for a warrantless arrest?
- What do you call of the Rules that exclude certain kinds of evidence?
- What are the 4 rights protected by the Constitution?
- Is a confession by a person detained abroad without the assistance of counsel admissible?
- What are the main rights of a person under investigation under Art. III Sec. 12?
- What is evidence?
- What is the “truth” in evidence?
- When is evidence admissible?
- When is an evidence relevant?
- What are the 2 kinds of facts in relation to relevance?
- What are the grounds for objection in relation to evidence?
- What are cases or matters that need not be proved with evidence?
- What is judicial notice?
- What are the types of judicial notice?
- What are judicial admissions?
- Give examples when the law presumes a fact.
- What is the effect of presumption in civil proceedings?
- What is the effect of presumption in criminal proceedings?
- What are the 3 kinds of admissible evidence?
- What is an “original”?
- What is not an “original document”?
- What is an “duplicate”?
- When is a duplicate admissible?
- What is the rule on secondary evidence?
- How can secondary evidence be admitted?
- When examining the original will result in a great loss of time.
- When original document is a public record.
- What is the order of presenting secondary evidence?
- What are examples of secondary evidence?
- What if the contents of documents et al are voluminous which will result to great loss of time when examined, how shall the contents of the evidence be presented?
- What if the original document is a public record, how shall the evidence be admissible?
- When an agreement is reduced into writing, what is deemed of the other terms?
- When may a party present parol evidence?
- How shall documents be interpreted?
- How to interpret if there are other provisions?
- How is the intention of the parties be used for interpretation?
- Written vs. Printed Words, what prevails?
- If printed document is difficult to be deciphered, or language is not understood by the court, what will be admissible?
- How should these be interpreted:
- Who can be a witness?
- What should not serve as grounds for disqualification as a witness?
- To what specific area should the testimony of a witness be confined in?
- Can spouses testify against each other?
- What are privileged communications?
- What are examples of privileged communications?
- What if the privileged communication was obtained by a third person?
- Distinguish admission vs. confession
- How should an offer of compromise be considered? And when is it admissible?
- How about in criminal cases?
- If the accused offers a plea of guilty to a lesser offense, and is not accepted by the prosecutor, or makes a plea of guilty and later withdrew, are they admissible in evidence against the accused?
- Is offer to pay or payment of hospital bills occasioned by an injury proof of civil or criminal liability?
- Can the rights of a party be prejudiced by an act, declaration of another?
- When can an act or declaration of a partner/agent be given in evidence against another partner?
- When can an act or declaration of a conspirator be given in evidence against a co-conspirator?
- When can silence be held against the person who says nothing?
- How can similar historical acts be admitted as evidence?
- What is hearsay? Is it admissible?
- When is a statement not considered hearsay?
- What are exceptions to the Hearsay Rule?
- When can a declaration be said to be a dying declaration?
- When will a declaration against the interest of a DP or MUP be received in evidence?
- When will a self-incriminating evidence of a DP or MUP be received in evidence?
- When can an act or statement of a DP or person unable to testify related to the pedigree (relationship) of another person be admissible in evidence?
- When may a family reputation or tradition existing before a controversy respecting a pedigree be received in evidence?
- What common reputation may be received in evidence?
- What is a res gestae?
- When can business records be admissible as evidence to prove the truth of a relevant matter?
- What are official records? How shall they be treated?

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