Law of Evidence Lecture (Rule 128-130)

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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?
19:37 - What is judicial notice?
What are the types of judicial notice?
21:31 - What are judicial admissions?
Give examples when the law presumes a fact.
22:15 - 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?

27:12 - DOCUMENTARY 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:

45:18 - TESTIMONIAL EVIDENCE
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?

56:58 - HEARSAY
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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