Académique Documents
Professionnel Documents
Culture Documents
Ordinances are not covered by mandatory judicial notice. Court is not required to do
if it has no access to them.
Judicial admission there is no need for formal truth. It takes the place of evidence.
In criminal case they may be controverted.
It must be made by a party
Made in the same proceeding
Judicial made in court, pleading,
Extrajudicial out of court admissions.
1. contained in pleadings, papers
2. made in open court either by the counsel or the party himself
Ways:
1. pleadings and papers
2. made in open court either by the counsel or the party himself
3. during the discovery stage
4. pretrial conference
5. In the course of trial
6. By adopting a 3rd partys declaration
Does not require proof and binding on the parties
It may only be contradicted by palpable mistake or there is no declaration is made
Effect of JA: admiisible as Original and substantive evidence of truth about the
statements made and the existence of the fact that they want to establish
rebuttal
disputable presumptions satisfoactory if uncontradicted, but may may be
contradicted ad overcome by other evidence
evidence on motions:
if a motion is based on facts not part of the record,the movant must present
evidence on such facts.
If the motion is already based on facts that appear in the record there is no need to
present evidence to support the motion
What court must do: May either hear the matter on affidavits or depositions or
direct the parties to present their witness on the witness stand so they can be duly
examined.
Sec. 3 rule 15 read.
Spousal disq it prevents spouse from becoming a witness against the outher
spouse; applies during marriage
Marital privilege they can testify but cannot reveal confidential communication;
applies during or after marriage
Protect the spouse from statements made in confidence to the other spouse and to
relieve the spouse to whom the communication is made or the obligation to reveal
them to the prejudice of the other sppoue or their marital relationship
When lawyer
1. client consents but his consent must come after a complete explanation of the
consequence of the disclosure
2. when it is required by law
3. when it is necessary to collect fees or to defend himself or his staff by judicial
actions
4. When the client sues the lawyer when the disclosure is necessary for his
protection
GR: Disclosure of cleints identity, the atty. Fees paid are not covered by privilege
Xpn:
1. strong probability exist that disclosing the clients name would implicate him in
the very activity for which he sought legal advice
2. disclosure will open client to civil liability
3. by the government lawyer has no case against the client and disclosure of his
identity by his counsel will furnish the only rate to implicate him to a crime
4. where clients name itself has an independent significance such that its disclosure
will reveal its client confidence
Clients name
Testimonial evidence, etc.
6. How do I get the evidence I need an preserve it for trial?
Ordinary witnesses who have come in contact and are familiar and was able to
observe the condition of an alleged mental retarded may testify and give opinion on
such mental condition.
Trial court may make its own observstion or examination.
Character evidence
In criminal case: Prosecution cannot present evidence of accuseds bad moral
character u nless the defendant presents an evidence of his good moral character
The good or bad moral character of an offended party is allowed if it tends to
establish in a reasonable degree the probability or improbability of the offense
charged.
if your purpose in presenting similar acts is to prove that one did or did not do a the
same act at another time that is inadmissible
but if your purpose is to prove a specific intent or knowledge, identity, plan, system,
scheme, habit, custom or usage and the like that is allowed or admitted