Académique Documents
Professionnel Documents
Culture Documents
Bar 2004
Bar 2005
Q: When may the trial court order that the testimony of a
child be taken by live-link television?
A: The court may order that the testimony of the child be
taken by live-link tv if there is a likelihood that the child
would suffer trauma from testifying the presence of the
accused, his counsel or the prosecutor as the case may
be. The trauma must be of a kind which would impair the
completeness or truthfulness of the testimony of the child
(Examination of a child witness).
Survivorship Disqualification Rule of the Dead Mans
Statute
Hypo:
Mr. D approaches Mr. C one rainy Sunday morning to
borrow one hundred thousand pesos to be paid exactly a
year after. Without hesitation, c gives d the amount
requested. C does not require d to execute a promissory
note. They had been very good friends for as long as they
can remember. Years ago, when Mr. Cs small business
was on the verge of bankruptcy it was the generosity of the
then wealthy Mr. D that bailed him out. Exactly a day
before the agreed date for payment, Mr. D dies without
paying the debt. What does Mr. C do? Well he does what
every creditor would do under the circumstances. He goes
to the executor of what remains of the estate of Mr. D, and
tells him of the debt of Mr. D. he says: Today is supposed
to be the due date of his debt. I cannot demand payment
from him because his dead. You are the executor and alive.
What is the effect of the death of Mr. D?
Bar 2007
True or False
Q: The surviving parties rule bars Maria from testifying for
the claimant as to what the deceased Jose ad said to her,
in a claim filed by Pedro against the estate of Jose.
A: FALSE
The rule bars only a party plaintiff, or his assignor or a
person in whose behalf a case is prosecuted. Maria is
merely a witness and is not one of those enumerated as
barred from testifying.
Marital Disqualification Rule
NOTE!!!!
-The marital disqualification rule under sec. 22 of Rule 130
forbids the husband or the wife to testify for or against the
other without the consent of the affected spouse except in
those cases authorized by the rule. The prohibition extends
not only to a testimony adverse to the spouse but also to a
testimony in favor of the spouse. It also extends to both
criminal and civil cases because the rule does not
distinguish.
-In order that the husband or wife may claim the privilege, it
is essential that they be validly married. If they are not,
there is no privilege. Rule does not cover illicit cohabitation.
-Sec 22 r 130 requires not only a valid marriage but the
existence of that valid marriage at the moment the witnessspouse gives the testimony.
- the rule applies whether the witness-spouse is a party to
the case or not but the other spouse must be a party. That
the other spouse must be a party is evident from the
phrase neither the husband nor the wife may testify for
or against the other...
Refer more to pp266-267 (Riano)
Exceptions to Marital Disqualification Rule
Bar 2000
2.
3.
A:
1. I would ask the court to overrule the objection.
Under the marital disqualification rule, the objection to the
testimony of one spouse against the other may be invoked
only during the marriage. At the time the testimony of
Narita was offered, the marriage was already dissolved,
besides, the crime was committed against a direct
descendant of Narita.
2. The answer would not be different and the
court may likewise be asked to overrule the objection. The
marital disqualification rule may not be invoked in a
criminal case for a crime committed against the direct
descendant of the other spouse. Here, liza is the daughter
of Narita.
3. Suggested answer: I could validly object to the
presentation of Allan as a witness on the ground that the
Examination of Witnesses
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CHAPTER V
HEARSAY EVIDENCE
Q. What is the hearsay rule?
In relation to the hearsay rule, what do the following rules
of evidence have in common?
1. The rule on statements that are part of the res gestae;
2. The rule on dying declarations;
3. The rule on admissions against interest.
Opinion Evidence
A: 1. Sec. 36 R.130
Bar 2005
Q: Dencio barged into the house of Marcela, tied her to a
chair and robbed her of assorted pieces of jewelry and
money. Dencio then brought Candida, Marcelas maid, to a
bedroom where he raped her. Marcella could hear Candida
crying and pleading.Huwag! MAawa ka sa akin!
After raping Candida, Dencio fled from the house with the
loot. Candida then untied Marcela and rushed to the police
station about a kilometer away and told Police Officer
Roberto Maawa that Dencio had barged into the house of
Marcela, tied the latter to a chair and robbed her of her
jewelry and money. Candida also related to the police
officer that despite her pleas, Dencio had raped her. The
policeman noticed that Candida was hysterical and on the
verge of collapse. Dencio was charged with robbery with
rape. During the trial, Candida can no longer be located.
b)
Bar 2004
Q: Distinguish hearsay evidence and opinion evidence
A.
Bar 1985
Q: Fallen by a bullet upon being fired at, Santos before
expiring told Romero, a passerby who came to his rescue,
I was shot by Pablo, our neighbor
May Romeros testimony o what was told him by Santos be
offered and admitted in evidence in the separate civil action
for damages brought by the heirs against Pablo Cruz?
Discuss
A: The statement is admissible. A dying declaration, as in
the facts in the case at bar, may be offered in a civil case
provided that the cause and circumstances of the death of
the declarant are the subjects of inquiry.
Res Gestae
Bar 1991
Spontaneous Statement
Bar 2005
Substantial Evidence
--oOo
Chapter VI
Burden of Proof, Quantum of Evidence and
Presumptions
Bar 2003
Bar 2004
--oOO
Chapter VII
Offer of Evidence and Trial Objections
When Formal Offer of Evidence is Not Required
A formal offer of evidence is not required in certain cases:
1.
Bar 1995
2.
3.
4.
5.
Bar 2003
Q: X and Y were charged for murder. Upon application
of the prosecution, Y was discharged from the
information to be utilized as a state witness. The