1

LAST MINUTE TIPS SA REM2

SPECIAL PROCEEDINGS 1. The estate of A is under settlement. B who has a claim against A filed with the probate court a motion for leave of court to intervene in order to protect his claim against A. If you were the judge how would you rule on the motion? - I will deny the motion since it should have been filed in the estate proceeding as a contingent claim.

. !hat is the remedy for an opposition to the appointment of a regular administrator? - "ile an appeal by way of record of appeal within #$ days from receipt of the adverse judgment.

#. !hat is the remedy in case of %rder of the court for the inclusion of the property in the estate. - Appeal the %rder of the &egional Trial 'ourt by record of appeal within #$ days from order.

(. !hat is the principle behind the )tatute of *on- 'laims? - After the certificate of allowance was issued by the probate court+ it will issue an order for all the claimants to file their claims within the period of not less than , months not more than 1 months from issuance.

-. A died in his home in .amboanga 'ity leaving properties located in /ampanga and 0ue1on 'ity worth /#$$+$$$.$$ with B and ' a surviving heirs. B resident of 2anila filed a petition for probate proceedings in the &T' of 0ue1on 'ity. ' opposed the petition based on improper venue. The judge allowed the petition. Is the judge correct? - 3es+ if the decedent is an inhabitant of the /hilippines at the time of his death+ his will shall be proved or letters of administration granted and his estate settled in the '"I in the province in which he resides at the time of his death. ,. In the above+ if the petition was filed in .amboanga 'ity+ should the judge sustain the opposition? - *o+ because the petition was filed at the proper venue.

4. !hat is the remedy in case of adverse decision in habeas corpus cases? - Appeal within (5 hours from receipt of the adverse decision. 5. !hen and by whom claim to estate filed -who- any devisee+ legatee+ heir+ widow6er or other person entitled thereto -when to file- within - years from date of judgment+ otherwise it will barred forever 7&ule 81 )ec. (9 8. &ule 5, 'laims Against the :states 2oney claims- claims for money+ debt or interest thereon upon liability contracted by the decedent before his death+ within the time fi;ed in the notice which shall not be more than 1 months nor less than , months after the date of the first publication. %therwise they were barred forever. :ven if the testator ac<nowledge the debt in his will and instructed the e;ecutor to pay the debt+ the statute of non- claims must still be complied with= otherwise the claim may also be barred. :>':/TI%*)- Belated 'laims )ection - &ule 5,. o 'laims not files within the original period fi;ed by the court. %n application of a creditor who has failed to file his claim within the time previously limited+ at any time before an order of distribution is entered+ the court may for cause shown and on such terms as are e?uitable+ allow such claim to be filed within a time not e;ceeding 1 month from the order allowing the belated claims.

1$. Is the appointment of a )/:'IA@ AA2I*I)T&AT%& A//:@AB@:? As a general rule an appointment of a special administrator by the court is *%T A//:A@AB@:.

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The only remedy is 'ertiorari under &ule ,-+ which re?uires nothing less than grave abuse of discretion. Bowever+ there must be a temporary restraining order or injunction order to stop the special administrator from assuming the position. %n contrary view an appointment of a regular administrator is appealable because it is a final order.

11. 2ortgagor died+ what is the remedy of the mortgagee? -Alternative remedies= the mortgagor creditor can avail of only one of the three remedies and if he fails to recover under that remedy he can not avail of any of the other two remedies. 1. Abandon or waive the security and prosecute his claim against the estate. . "oreclose his mortgage or reali1e upon his security by action in court ma<ing the e;ecutor or administrator a party defendant and if there is judgment for deficiency+ he may file claim against the estate within the statute of non- claims. #. &ely solely on his mortgage and foreclose the same at anytime within the period of the statute of limitations but he cannot be admitted as creditor and shall not receive in the distribution of the other assets of the estate. 1 . !&IT %" A2/A&% - The petition for a writ of amparo is a remedy available to any person whose right to life+ liberty+ and security is violated or threatened with violation by an unlawful act or omission of a public official or employee+ or a private individual or entity. The writ shall cover e;tralegal <illings and enforced disappearances or threats thereof. 1#. 'hange of name - &C@: 1$# D&%C*A) "%& 'BA*D: %" *A2: 1. *ame is &IAI'C@%C)+ TAI*T:A !ITB AI)B%*%& %& :>T&:2:@3 AI""I'C@T T% !&IT: %& /&%*%C*': . 'onse?uence of a 'BA*D: %" )TATC). #. BABITCA@ A*A '%*&I*%C) C): A*A BA) B::* E*%!* )I*': 'BI@B%%A by a "ilipino name+ unaware of her alien parentage. (. A )I*':&: A:)I&: to adopt a "ilipino name to :&A): )ID*) %" "%&2:& A@I:*AD:+ all in good faith and without prejudicing anybody. - '@:&I'A@ :&&%& A'T= &A 8$(5F'A):) '%G:&:A 1. 'lerical or typographical errors and change of first name and nic<name. . 'lerical or typographical errors and change of the day and month in the date of his birth. #. 'lerical or typographical errors and change of se; of a person where it is patently clear there was clerical or typographical error or mista<e in the entity.

1(. /iola want to change her gender in her birth certificate from male to female-remedies - as counsel I will advise /iola to file a petition in court for change of gender+ since such determination will only be accurately determined by the court and also under &A 1$#41+ change of gender may be done administratively if it is clear that it is a typographical error.

1-. 2atatag Ban< filed a foreclosure of real estate proceedings against Dloria before the &T' of 2anila. !hile the foreclosure is pending+ Dloria Aied and was substituted by 2iguel her administrator. After trial judgment for foreclosure was rendered DloraiHs administrator+ and after foreclosure there was a deficiency. 2ay 2atatag Ban< claim the deficiency in the settlement of the estate of Dloria? 'ite your legal basis. 2atatag ban< cannot claim for deficiency in the settlement of the estate of the deceased. To be able to claim for the deficiency 2atatag Ban< shoulf claim for contingent claim in the settlement of the estate of the deceased under &ule 54.

1,. 'an a lost or destroyed will be probated? !hat are the re?uirements? - 3es+ a lost or destroyed will may be probated. )ection ,+ &C@: 4, of the &ules of 'ourt states that no will shall be proved as a loast or destroyed will unless the e;ecution and validity of the same be established and the will is proved to have been in e;istence at the time of the death of the testator+ or is shown to have been fraudulently or accidentally destroyed in the lifetime of the testator without his <nowledge+ nor unless its provisions are clearly and distinctly proved by at least two 7 9 credible witnesses. !hen a lost will is proved+ the provisions thereof must be distinctly stated and certified by the judge+ under the seal of the court+ and the certificate must be filed and recorded as other wills are filed and recorded.

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14. Ioan through counsel file a petition for change of name from Ioan to Ion and the correction of his gender from female to male in the &tc of /asig 'ity on the ground that he is by nature a man because of his physical traits. The %ffice of the )olicitor Deneral opposed the petition on the ground that the petition should have been filed before the %ffice of 'ivil &egistry pursuant to &A 8$15+ allowing the administrative correction of entries? - both parties are not correct. Ioan cannot file a petition for 'hange of *ame and the correction of his gender. In a recently decided case+ the )upreme 'ourt stated that there is no law allowing the process of changing oneHs gender by resorting to se;ual reassignment. The opposition of the %)D is also erroneous. Cnder the 'lerical :rror @aw+ only clerical error or a mere typographical error+ which is not the case problem+ may be subject to administrative correction of entries. A change of gender is a substantial change. However+ in the advent of &A 1$#41+ a change of name may be done administratively+ where the error is clearly a typographical error. 15. !rit of Babeas 'orpus - a writ directed to the person detaining another and commanding him to produce the body of the prisoner at a certain time and place+ with the day and the cause of his caption and detention+ to do+ submit to and receive whatsoever the court or judge awarding the writ shall consider in that behalf.

*otes ni Tan 7"%& :>A29

ByJ ganancial-paril-pormanes

7this is a compilation of different notes of dean tan in crimpro- poison<ing+campos+chave19

RULE 112- PRELIMINARY INVESTIGATION (P.I)

(1) IS REPLY A MATTER OF RIGHT IN P.I?

A complainant in a pr liminar! in" #ti$ation %o # not &a" a " #t % ri$&t to 'il a R pl!(t&i# ri$&t #&o)l% * $rant % to &im *! la+. T& r i# no pro"i#ion in R)l 11, o' t& R)l # o' -o)rt t&at $i" # t& -omplainant or r .)ir # t& pro# c)tor to o*# r" t& ri$&t to 'il a R pl! to t& acc)# %/# co)nt r0a''i%a"it. (Artill ro ". -a#imiro1 G.R. No. 1234521 April ,41 ,31,)

(,) REME6IES IN RELATION TO P.I

(,.1) REME6IES OF THE A--7SE6 IF THERE 8AS NO PI

7a9 under sec. , of rule 11

noteJ hindi a<o sure <ung papaso< to as remedy in a scenario+ wherein a person was lawfully arrested without a warrant+ at dahil absent ang in?uest prosecutor+ <aya pwede siyang mag as< ng /I or papaso< to sa scenario na na in?uest na siya <aso gusto langniyang mag pa /I.

7a.19 Before the complaint or info is filed+ person arrested may as< for a /I+ but he must sign waiver of art. 1 - &/'+ n the presence of his counsel. nothwitstanding of the waiver+ he may apply for bail and the investigation must be terminated within 1-days from inception.

7a. 9 After the filing of the complaint or information in court without a /I+ the accused may+ within five 7-9 days from the time he learns of its filing+ as< for a /I with a right to adduce evidence in his defense.

"ile a K2otion to 'onduct /IK to the office of the prosecutor.

%nce the information is filed+ the court ac?uires complete jurisdiction over the case+ and any motion for reinvestigation+ thereafter filed+ should be addressed to the trial judge+ and to him alone. 7Gelas?ue1 v. Cndersecretary of Iustice+ 15 )'&A #559

7b9 Cnder rule 11(+ sec. ,+ &efuse to enter a plea and raise as an objection the absence of /I.

7c9 "ile a certiorari+ on the ground of grave abuse of discretion=

7d9 "ile a prohibition= 7'onde v. '.".I.+ D.&. *o. @- 1 #,+ %ctober 1+ 18 #9 7im not sure on this9

(,.,) REME6IES IN -ASE OF A69ERSE RESOL7TION -ON67-TE6 :Y THE OFFI-E OF THE PROSE-7TOR

7 .#9 chec< poison notes

RULE 113-ARREST !" RULE 12#- SEARCH AND SEI$URE

(1). ARREST 9S. SEAR-H 8ARRANT

%ARRANT O& ARREST (%OA)

SEARCH %ARRANT (S%)

%rder in writing in the name of L/eople of the /hilippineL signed by a judge directed to a peace officer commanding the ta<ing of a person into custody in order that he may be bound to answer for the commission of an offense.

%rder in writing issued in the name of the /eople of the /hilippines+ signed by a judge and directed to a peace officer+ commanding him to search for personal property described therein and bring it before the court.

%' ( )* ('e +o!*()(,()o! - . *)* o/ %OA0 same 7Article III+ )ection of the 1854 'onstitution9

%' ( re ('e re1,)re2e!(* o/ %OA 0 %' ( re ('e re1,)*)(e* /or *e r+' w rr !(0 (*e+.34 R,-e 12#) -2ust be in writing -Issued by a judge -In the name of L/eople of the /hilippinesL= -Based on probable cause to be determined personally 7 9 probable cause to be determined personally by the 719 refer to one specific offense

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by a judge after e;amination under oath or affirmation of the complainant and the witnesses he may produce= judge after e;amination under oath or affirmation of the complainant and the witnesses he may produce

7#9 particularly describing the place to be searched and the things to be sei1ed which may be anywhere in the /hilippines.

V -)")(56

- 1$ days from date of issuance. it shall be void thereafter.

76 I* )( -w 5* !e+e** r5 /or ('e 8,"9e (o :er*o! --5 e; 2)!e" ('e +o2:- )! !( !" ('e w)(!e** .e/ore ('e )**, !+e o/ w rr !(0

A6 I( )* !e+e** r5 )! S%.

A6 :er*o! - e; 2)! ()o! )* !o( re1,)re" )! w rr !( o/ rre*(.

!hat the 'onstitution underscores is the e;clusive and personal responsibility of the issuing judge to satisfy himself of the e;istence of probable cause. I! * ()*/5)!9 ')2*e-/ o/ ('e e;)*(e!+e o/ :ro. .-e + ,*e /or ('e )**, !+e o/ w rr !( o/ rre*(4 ('e 8,"9e )* !o( re1,)re" (o :er*o! --5 e; 2)!e ('e +o2:- )! !( !" ')* w)(!e**e*.

"ollowing established doctrine and procedure+ he shallJ

a. /ersonally evaluate the report and the supporting documents submitted by the fiscal regarding the e;istence of probable cause and+ on the basis thereof+ issue a warrant of arrest= or

b. If on the basis thereof he finds no probable cause+ he may disregard the fiscalKs report and re?uire the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the e;istence of probable cause.

c. After evaluation of prosecutorKs report and the evidence adduced during the /I=

-2ust particularly describe the person to be arrested= and -2ust be in connection with a specific offense or crime.

7 .9 9ALI6 8ARRANTLESS ARREST (# c.4)

A :e +e o//)+er or a :r)v (e :er*o! ma!1 +ithout a warrant+ arrest a personJ

7a9 !hen+ in his presence+ the person to be arrested has committed+ is actually committing+ or is attempting to commit an offense= ()!/- 9r !(e "e-)+(o)

7b9 !hen an offense has just been committed+ and he has probable cause to believe based on personal <nowledge of facts or circumstances that the person to be arrested has committed it= ('o( :,r*,)( "o+(r)!e)

7c9 !hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending+ or has escaped while being transferred from one confinement to another.

In cases falling under paragraph 7a9 and 7b9 above+ the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 4 of &ule 11 . 7 ot& r+i# in ca# t& on +&o ma% t& arr #t +a# a p ac o''ic r1 & ma! * & l% lia*l )n% r art. 1,41 RP-).

OTHER 9ALI6 8ARRANTLESS ARREST 7N6ER THE R7LES;

7d9 Arre*( /(er e*+ :e or re*+,e. F If a person lawfully arrested escapes or is rescued+ any person may immediately pursue or reta<e him without a warrant at any time and in any place within the /hilippines. 7sec. 1#+ &ule 11#9

7e9 A! ++,*e" re-e *e" o! . )- may be re-arrested without the necessity of a warrant if & att mpt# to depart from the /hilippines without permission of the court where the case is pending. 7sec #+ &ule 11(9

(<) 7N6ER THE R7LES OF PRO-E67RE FOR EN9IRONMENTAL -ASES;

7#.19 !hat are those instances of valid warrantless arrests in environmental cases?

A :e +e o//)+er or ! )!")v)", - "e:,()<e" .5 ('e :ro:er 9over!2e!( 9e!+5 may+ without a warrant+ arrest a personJ

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7a9 when in his presence+ the person to be arrested has committed+ is actually committing or is attempting to commit an offense= or 7inflagrante delicto9

7b9 !hen an offense has just been committed+ and he has probable cause to believe based on personal <nowledge of facts or cirumstances that the person to be arrested has committed it. 7hotpursuit doctrine9

Individuals deputi1ed by the proper government agency who are enforcing environmental laws shall enjoy the presumption of regularity under )ection # 7m9+ &ule 1#1 of the &ules of 'ourt when effecting arrests for violations of environmental laws.

*otesJ &ule 1#1+ )ection # 7m9J That official duty been regularly performed is a mere disputable presumption.

7#. 9 )@A//

7a9 Aefinition

Acronym for )trategic @awsuit Against /ublic /articipation

Action w'e('er +)v)-4 +r)2)! -4 or "2)!)*(r ()ve4 brought against any person+ institution or any government agency= or local government unit or its officials and employees+ with the intent to harass+ ve;+ e;ert undue pressure or stifle any legal recourse that such person+ institution or government agency has ta<en or may ta<e in the enforcement of environmental laws+ protection of the environment or assertion of environmental right.

7#.#9 Is )@A// available in criminal cases?

3es+ &ule 18 of the &ules of /rocedure for :nvironmental 'ases entitled )trategic @awsuit Against /ublic /articipation in 'riminal 'ases. 7and as stated from its definition9.

7#.(9 I! + *e ('ere )* SLAPP4 w' ( )* ('e re2e"5 o/ ('e ++,*e"0

noteJ the accused refers to any person+ institution or any government agency= or local government unit or its officials and employees that has ta<en any legal recourse for the enforcement of environmental laws or protection of rights.

Cpon the filing of an information in court and before arraignment+ the accused may file a 2TA 7 *)!+e (')* )* +r)2)! - + *e4 2 * :ro:er )/ MOTION TO 7UASH9 on the ground that the criminal action is a )@A//. 7&ule 18+ )ec 1. rules for envi cases9

7#.-9 !hat is the ?uantum of evidence re?uired in )@A//? 7a9 Acc)# % or Part! S =in$ t& 6i#mi##al o' t&

he must prove by *,.*( !() - ev)"e!+e (hat his acts for the enforcement of environmental law is a legitimate action for the protection+ preservation and rehabilitation of the environment.

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!hat is subtantial evidence? That amount of relevant evidence which a reasonable mind might accept as ade?uate to justify a conclusion.

7*)Part! Filin$ t& -riminal Action A##ail % a# SLAPP

he shall prove by :re:o!"er !+e o/ ev)"e!+e that the action is not a )@A//

!hat is preponderance of evidence? That of superior weight of evidence. 7&ule 1##+ )ection 1 of the &ules of

7#.,9 !hat is a citi1en suit?

Action to enforce rights or obligations under environmental laws filed by any filipino citi1en in representation of others+ including minors or generations yet unborn. 7&ule + )ection - of the &ules of /rocedure for :nvironmental 'ases9

7(9 REME6IES IN RELATION TO R7LE 11<

(>.1) remedies .e/ore or /(er ('e )**, !+e o/ ('e w rr !( o/ rre*(

=E&ORE

A&TER ISSUANCE

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ACCUSED6 ACCUSED6

(1) /)-e 2o()o! /or 8,")+) - "e(er2)! ()o! o/ :ro. .-e + ,*e

(1) Move /or ('e 1, *' - o/ ('e %OA .e/ore 'e e!(er* ')* :-e . (or (o 1, *' ('e )!/o0 o! ('e . *)* (' ( ('e +o,r( (r5)!9 ('e + *e ' * !o 8,r)*")+()o! over ('e :er*o! o/ ('e ++,*e"4 R,-e 11A)

noteJ the formalities for motion under rule 1- shall be observed. 7a9If "e!)e"+ /roceed with trial+ and in case of adverse decision+ raise the denial of 20 as an error on appeal= I& GRANTED6 7b9 If 9r !(e"+ case shall be dismissed. 7 i thin< it is the same if motion for judicial determination is granted9 7c9 !hat are the 9ro,!"* /or 1, *' - o/ %OA0 -That it is not issued by a judge -*ot in the name of the /hilippines 0J sabi ni jigs+ papaano mg<a<aroon ng AI <ung wala pa ngang arraignment nung nadismiss yung <aso? -*ot based on probable cause= -doest not particularly describe the person to be arrested 7)ince na grant ang motion+ Adverse sa prosecution ang order. so dapat my gawin sila9 noteJ basically the ground is it lac<s one of the essential re?uisites.

!%A shall not be issued and the case shall be dismissed. The effect of dismissal is tantamount to ac?uittal. Bence+ AI sets in.

(2)A::-5 /or . )-B 7rule 11(+ sec ,9 REMEDIES O& THE PROSECUTION6

(1) A::e - ('e +)v)- -) .)-)(5. or

(2) Pe()()o! /or +er()or r)4 r,-e #>4 w)(')! #?" 5* /ro2 !o()+e o/ ('e or"er 9r !()!9 ('e 2o()o!4 o! ('e 9ro,!" (' ( ('e +o,r( +(e" w)(' 9r ve .,*e o/ ")*+re()o!4 2o,!()!9 (o - +@ or )! e;+e** o/ 8,r)*")+()o!.

0J why certiorari? bawal <asi i appeal <asi AI+ so rule ,- n lang+ e;ception nman to sa AI diba.

I& MOTION IS DENIED6

%OA *' -- .e )**,e".

7decision is adverse to the accused+ what are his remedies9

REMEDIES O& THE ACCUSED6

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(1) MR w)(')! 1> " 5* /ro2 !o()+e o/ "e!) -. (r,-e >2)

(2) I/ "e!)e"4 +er()or r) r,-e #>.

. )/ "e!)e"4 MR. (r,-e >2) .. )/ "e!)e"4 ::e - o! +er()or r) r,-e 3>. +. )/ "e!)e"4 MR.

(3.2) remedies )! + *e o/ )--e9 - rre*(

ACCUSED

PROSECUTION

(1). C' --e!9e ('e v -)")(5 o/ ')* rre*( ;;; :rov)"e" (' ( 'e r )*e* ('e2 .e/ore e!(er)!9 ')* :-e . (R,-e 1134 Se+()o! 2# o/ ('e R,-e* o/ Co,r() No(e6 o.8e+()o! (o ('e )--e9 -)(5 2,*( .e r )*e"

I--e9 -)(5 o/ ('e rre*( 2 5 .e +,re" .5 /)-)!9 o/ ! )!/or2 ()o! )! +o,r( !" ('e *,.*e1,e!( )**, !+e .5 ('e 8,"9e o/ w rr !( o/ rre*(. (U2)- v. R 2o*4 G.R. No. C1>#A4 O+(o.er 34 1DD1)

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.e/ore rr )9!2e!(4 o('erw)*e4 )( )* "ee2e" w )ve"4 * ('e ++,*e"4 )! (')* + *e4 ' * vo-,!( r)-5 *,.2)((e" ')2*e-/ (o ('e 8,r)*")+()o! o/ ('e +o,r(. (Peo:-e v. M + 24 G.R. No*. L-D1?11-124 Nove2.er 234 1DD3)

(2). 7, *' ('e )!/or2 ()o! !"Eor ('e %OA. (E!r)-e v. S - < r4 G.R. No*. D21#3-#34 F,!e >4 1DD?)

(3). A::-5 /or . )- *)!+e ! ::-)+ ()o! /or or "2)**)o! (o . )- *' -- !o( . r ('e ++,*e" /ro2 +' --e!9)!9 ('e v -)")(5 o/ ')* rre*( ;;; :rov)"e" (' ( 'e r )*e* ('e2 .e/ore e!(er)!9 ')* :-e .

(4) REME6IES IN RELATION TO R7LE 1,5;

7-.19 if a search warrant is issued against a personJ

(1). Mo()o! (o 1, *' ('e *e r+' w rr !(4 before he enters his plea. It may be filed in the court where the criminal action is instituted. If no action instituted+ in the court which issued the )!. If the court that issued the )! failed to resolve the 20+ and subse?uently a criminal case is filed in another court+ the latter court shall resolve the motion.

noteJ the ground for motion to ?uash will be if on of the re?uisites of search warrant is absent. other groundsJ - it is in nature of general warrant. - it is a *+ ((er *'o( w rr !(+ it relates to more than one offense -things ordered to be sei1ed are in the legal possession of a person -judge failed to conduct searching ?uestions and answers before issuance

(2) MOTION TO SUPPRESS EVIDENCE4 if the things ta<en in the search are to be presented as evidence and the search warrant is defective+ applying the principle of e;clusionary rule.

I& EITHER MOTIONS ARE DENIED6

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-REMEDY O& THE ACCUSED4 +er()or r)4 r,-e #>.

RULE 113- =AIL

(1) 8HEN IS :AIL A MATTER OF RIGHT 9S. 6IS-RETION

see sec. - and , of &ule 11(.

(,) REME6IES IN RELATION TO :AIL

order of forfeiture of bail- 7a9 2&+ 1- days from notice of order. if denied.. 7b9 ':&TI%&A&I+ &C@: ,-+ ,$ days from notice of from notice of denial of 2&+ on

order or the ground of DAA. order of confiscation- same with above

judgment on the bail or bond- 7a9. 2&+ 1- days from notice of judgment. if denied.. 7b9. appeal+ 1- day from notice of of denial of the 2&. 7 because the order+ applying the fresh period

judgment or notice denial of the 2& is a final rule9

oder denying petition for bail- same with above

(<) 6EGREE OF PROOF RE?7IRE6 IN -ASE OF HEARING FOR :AI 7N6ER THE R7LES.

:GIA:*': A%'T&I*:) 1. Independent relevant statement doctrine- a statement may have relevance to an issue in a case+ from the mere fact that the words were spo<en or written+ irrespective of the truth or falsity of the assertion. . &es inter alios acta rule- right of the party cannot be prejudiced by an act+ declaration or omission 7AA%9 of another. #. @iteral meaning of &es inter alios acta- things done between strangers ought not to injure those who are not parties to them. (. Aemonstrative evidence- illustrates or demonstrates the real thing. -. /rinciple of interloc<ing confession- if the accused persons voluntarily and independently e;ecuted identical confessions without collusion+ and such confessions are corroborated by other evidence and without contradiction by the co accused who was present+ it will be admissible as evidence. ,. 'ircumstantial evidence- indirectly proves a fact in issue through inference from the evidence already established. 4. &e?uisite for circumstantial evidence to be sufficient for conviction. 7cite the law9 &C@: 1##+ sec.(.

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5. &e?uisite for alibi to be a valid defenseJ the accused must prove that he was not in the place of the crime at the time of its commission and could not have physically present at the place of the crime+ or its immediate vicinity at the time of its commission. 8. /rinciple of e?uiponderance of evidence6 e?uipoise- refers to a situation where the evidences of the parties are not evenly balanced or there is doubt on which side the evidence preponderates. In such case the decision should be against the party who has the burden of proof. 1$. 2ost important witness rule- the judge has the discretion to determine only those important witnesses who will be presented during the trial of the case 11. 1 day+ 1 witness rule- under speedy trial act+M 1 . filial privilege doctrine- no children may be compelled to testify against his parents or other direct ascendants. noteJ my e;ception to sa family code. 1#. parental privilege doctrine- no parents may be compelled to testify against other direct ascendants+ children or other direct descendants. 1(. A crime of rape may be proved by circumstantial evidence+ if there are other circumstantial evidence present and the other elements are present. 1-. "alla demonstracion principle6 falla demonstration non nocet cum de corpore constat6 fallaan erroneous description does not spoil the act such as when there are descriptions+ 1 true 1 false+ the false will be treated as surplus while the true will admitted as evidence. 1,. @ord bacons rule- refers to <inds of ambiguities such as intrinsic+ e;trinsic and intermediate ambiguity. 7see jigs9 14. "alsus in uno falsus in omnibus- false in 1 thing false in everything. Is it applicable in our jurisdiction? 15. 2aterial witness rule18. &eply letter rule$. )ame evidence test- used to ascertain whether two suits relate to a single cause of action such as whether the same evidence would support both the first and second causes of action. 1. Bypothetical admission rule- when a motion to dismiss or to ?uash is filed+ the material allegations of the complaint6information are deemed to be hypothetically admitted+ including the inferences that may be fairly deduced from the material allegations. #. misleading ?uestion- assumes as true a fact not yet testified to by the witness+or contrary to that which he has previously stated. It is absolutely not allowed. leading ?uestions- suggest to the witness the answer which the e;amining party desires. It may be allowed in certain cases. (. <inds of witness 7a9 hostile6unwilling witness- is declared by the court as such upon ade?uate showing of his adverse interest+ unjustified reluctance to testify+ or his having misled the party into calling him to the witness stand. -. <inds of evidence 7a9 propensity evidence 7b9 corroborative evidence7c9 cumulative evidence7d9 rebuttal7e9 sur-rebuttal,. <inds of admissibility 7a9 . &ela;ed admissibility of evidence doctrine- evidence that ought to be inadmissible are admitted by the court in the interest of justice and fair play. 7b9. conditional admissibility7c9. multiple admissibility7d9. curative admissibility4. Dood samaritan rule- an offer in writing to pay 5. laying the basis vs. laying the predicate

A*A :GIA:*':

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1. A*A testing is not a violation of the right to self-incrimination because this right is only available in case of testimonial compulsion. . /%)T A*A T:)TI*D A*A IT) :"":'T). #. se;ual shield abuse rule- se;ual predisposition or other se;ual behavior of the minor victim is inadmissible as evidence in criminal proceeding. but this rule has e;ceptions. :@:'T&%*I' :GIA:*': 1. The rule on privilege communication is applicable in electronic evidence because the confidential character of the privilege communication is not lost on the ground that it is in the form of an electronic evidence. . The rules on electronic evidence is applicable only in civil actions+ ?uasi judicial and administrative proceedings. It is not applicable in criminal proceedings. #. ApplicabilityJ all civil actions+ criminal actions+ and proceedings+ as well as ?uasi-judicial and administrative action. (. B:)T :GIA:*': &C@: 1. This rule is not applicable in labor cases because the rules of evidence are not technically binding in labor cases. . !hat is best evidence rule and its e;ceptions. #. compare B:& vs. /arole evidence rule 0CA*TC2 %" :GIA:*': 1. proof beyond reasonable doubt- applies in criminal cases+ that degree of proof which produces conviction in unprejudiced mind. . clear and convincing evidence- applies to overcome disputable presumptions or prima facie case+ that degree of proof which will produce in the minds of the trier of facts a firm belief as to the allegations sought to be established. #. preponderance of evidence- applies in civil cases+ that degree of proof which is of greater weight or more convincing than that offered in opposition to it. (.substantial evidence- applies in administrative and ?uasi judicial proceedings+ that degree of proof which a reasonable mind might accept as sufficient to support a conclusion. -. !hat is the ?uantum of evidence in the ff. casesJ 7a9 writ of amparo- substantial evidence 7b9 writ of habeas corpus7c9 writ of habeas data-substantial 7d9 bail hearing7 e9 /reliminary investigation'A): )':*A&I% 1. In a claim for non-payment of debt+ the adverse party has the burden of proving it+ being a negative assertion. . In annulment case on the ground of psychological incapacity of the husband who was deceased and was not interviewed by the psychologist+ the psychologist may testify to the psychological incapacity of the deceased husband because in the absence of such interview the psychological incapacity may be proven based on interview with other witnesses. #. T:)TI2%*IA@ :GIA:*': 1. A:AA 2A*) )TATCT:. . Bearsay rule- a witness can testify only to those facts which he <nows of his personal <nowledge and that are derived from his own perception. Bearsay evidence rule- testimony of facts not derived from oneKs personal <nowledge nor derived from his own perception+ may still be admissible as evidence+ as an e;ception to the the hearsay rule. #.leading vs. misleading ?uestions (.Bostile witness -. when is an evidence shall be admissible as dying declaration or parts of res gestae.

:""I'I:*T C): %" /A/:& &C@:

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1. 'overageJ all decisions resolutions and orders issued by courts and ?uasi-judicial bodies under the administrative supervision of the supreme court and all the pleadings+ motions and similar papers intended for their consideration and action+ including the reports submitted to the courts and transcripts of stenographic notes. . definitionJ this re?uires all the decisions and orders issued and the pleadings and motions+ similar papers+ intended for the consideration and action of the courts and ?uasijudicial bodies under the administrative supervision of the supreme court+ to be at a specific format and style in order to cut the use of e;cessive costly papers for the preservation of the environment. noteJ <now the specific format under sec.# par a and c of the rule. %BI:'T :GIA:*': 1. autoptic proferrence- evidence which are address to the senses of the court and can be viewed+ e;amined+ or e;hibited to the court. .limitations of object evidence-