Doctrine of Independently Relevant Statement

It is one where the fact that such statement was made relevant and the truth and
falsity thereof is immaterial. It is admissible because the statement is the very
fact of the issue. Example in slander, when the defendant said kabit ka what the
prosecution is trying to prove is not whether the complainant is really a kabit but
rather whether or not the statement is really made.

Circumstantial evidence of the very fact in issue.

Dying Declaration Requisites

1) Death is imminent and the victim knows about this fact

2) That the declaration involves the circumstances of his death
3) competent to testify
4) subject matter is the death of the victim

People V Rarugal

It is not the rapid succession of death but it is the circumstances of the person
making the dying declaration.

Declaration against interest Requisites

1) The declarant must be able to testify

2) the declaration must be a fact cognizable by the declarant
3) the circumstances must render it improbable that a motive to falsify existed.

What is the distinction between declaration against interest and admission?

As to similarity, they are both prejudicial to declarant.
As to their differences, admissions against interest are those made by a party to
a litigation or by one in privity with or identified in legal interest with such
party, and are admissible whether or not the declarant is available as a witness.
Declarations against interest are those made by a person who is neither a party nor
in privity with a party to the suit, are secondary evidence, and constitute an
exception to the hearsay rule. They are admissible only when the declarant is
unavailable as a witness.

Declaration of pedigree requisites

1) THat the declarant is dead or unable to testify

2) that the declarant must be related to the person whose pedigree is the subject
matter of the inquiry
3) such relationship must be shown by evidence
4) declaration must be made prior to the controversy

Requisites for admissibility of evidence regarding pedigree

1) That there is a controversy regarding the pedigree of any members of the family
2) that the tradition or reputation existed prior to the controversy
3) that the person testifying to such pedigree must be a member of the family
itself

Presumptions

Unless it is rebutted by contrary proof it will be taken as a truth

Burden of proof - It is the duty of the party to present evidence on the fact in
issue to support his claim or defense based on the amount of evidence required by
law.

Criminal Case - Proof beyond reasonable doubt

Civil Case - preponderance of evidence
Administrative case - substantial evidence

Test to determine burden of proof

The party who stands to lose in the case if no evidence is presented by the parties
to the case.

2 types of defenses

1) Negative Defenses - Allegation of facts by specific denial

2) Affirmative defenses - Defense of confession and avoidance

Two separate burdens of burden of proof

1) Burden of going forward with evidence

2) Burden of persuasion

Burden of Proof v Burden of Evidence

Burden of proof is the duty of the party to present evidence to establish his claim
or defense based on the amount of evidence required by law. It never shifts during
trial

Burden of evidence is the duty of the party to go forward with the evidence or
produce evidence to prove a fact in issue to overthrow prima facie evidence against
him. Burden of evidence may be transferred depending on the course of the trial.

Equipoise doctrine - the scales are balance the court shall render the judgment
against the prosecution and favor the defendant.

Presumption - an inference taken from a set of facts as to make a conclusion from

those facts.

Kinds of of presumptions

Presumption of law - example presumption of innocence

Presumption of fact - you do not put a label rather you infer from that particular
set of facts without applying any legal principle or coming up with a legal
conlusion.
Disputable
Conclusive

Conclusive presumptions - Estoppel whoever by his acts, declarations intentionally

and deliberately led others to believe a particular thing is true and act upon such
belief he cannot be permitted to falsify it.

Disputable presumptions - Satisfactory if uncontradicted but may be overcome by

evidence

Adverse presumption of suppression of evidence - evidence willfully suppressed is

presumed to be adversed if produced
Presumption of fabrication of evidence
Absence of 7 years presumed dead
Except in cases of succession 10 years
75 years old missing 5 years.
Provided however that if the person disappears with the danger of death the period
is 4 years. it is also the exception for succession

1) Boarding a vessel or an aircraft which is lost in sea or missing

2) Members of the armed forces who has taken part in armed hostilities and is
missing for four years
3) Danger of death in other circumstance
4) Spouse may contract subsequent marriage after 4 years provided that she has a
well founded belief that the spouse is already dead

(dd) That if the marriage is terminated and the mother contracted another marriage
within three hundred days after such termination of the former marriage, these
rules shall govern in the absence of proof to the contrary:

(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during such marriage, even
though it be born within the three hundred days after the termination of the former
marriage.

(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage, even
though it be born within the three hundred days after the termination of the former
marriage.

Within 180 days after the solemnization of subsequent marriage- previous marriage
After 180 days after solemnization - current marriage

1. If both were under the age of fifteen years, the older is deemed to have
survived;
2. If both were above the age sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have
survived;
4. If both be over fifteen and under sixty, and the sex be different, the male is
deemed to have survived, if the sex be the same, the older;
5. If one be under fifteen or over sixty, and the other between those ages, the
latter is deemed to have survived.

Opinion of ordinary witnesses. � The opinion of a witness for which proper basis is
given, may be received in evidence regarding �

(a) the identity of a person about whom he has adequate knowledge;

(b) A handwriting with which he has sufficient familiarity; and

(c) The mental sanity of a person with whom he is sufficiently acquainted.

Section 51. Character evidence not generally admissible; exceptions: �

(a) In Criminal Cases:

(1) The accused may prove his good moral character which is pertinent to the
moral trait involved in the offense charged.

(2) Unless in rebuttal, the prosecution may not prove his bad moral character
which is pertinent to the moral trait involved in the offense charged.
(3) The good or bad moral character of the offended party may be proved if it
tends to establish in any reasonable degree the probability or improbability of the
offense charged.

(b) In Civil Cases:

Evidence of the moral character of a party in civil case is admissible only when
pertinent to the issue of character involved in the case.

(c) In the case provided for in Rule 132, Section 14, (46a, 47a)

Section 2. Conclusive presumptions. � The following are instances of conclusive

presumptions:

(a) Whenever a party has, by his own declaration, act, or omission, intentionally
and deliberately led to another to believe a particular thing true, and to act upon
such belief, he cannot, in any litigation arising out of such declaration, act or
omission, be permitted to falsify it:

(b) The tenant is not permitted to deny the title of his landlord at the time of
commencement of the relation of landlord and tenant between them.