ASSIGNMENT FOR DAY ONE

1. Explain the concept of evidence

2. Scope of the Rules on Evidence
3. Distinctions between the Rules of Evidence in Civil cases versus Evidence in Criminal
Cases
4. Proof versus Evidence
5. Factus Probans versus Factus Probandum
6. Admissibility of Evidence
a. Requisited for Admissibility of Evidence
b. Relevance of Evidence and Colalteral matters. Give example
c. What does Multiple Admissibility mean?
d. What is Conditional Admissibility?
e. What is Curative Admissibility?
f.
Direct and Circumstantial evidence
g. Positive and Negative evidence
h. Competence (Competent) and Credible evidence
ASSIGNMENT FOR DAY TWO
1. Distinguish Burden of Proof and Burden of Evidence
a. Define Presumptions
b. What is Conclusive Presumption
c. What are the Conclusive Presumptions
d. What is Disputable Presumption?
2. What is a Liberal Construction of the Rules of Evidence?
3. Quantum of Evidence (weight and sufficiency of evidence)
a. When Proof beyond reasonable doubt required?
b. What is Preponderance of Evidence?
c. What is Substantial evidence?
d. What is Clear and Convincing evidence? When is it required?
ASSIGNMENT FOR DAY THREE
1. Distinguish judicial notice and judicial admissions
a. When need not be proved
b. What are matters of judicial notice?
c. What are judicial admissions
i. Effect of judicial admissions
d. How admissions may be contradicted
e. Rules on judicial notice of foreign laws, law of nations and municipal
ordinance
ASSIGNMENT FOR DAY FOUR
1. Object (Real) evidence
a. Nature of object evidence
b. Requisites for admissibility
c. Categories of object evidence
d. What is Demonstrative evidence?
e. When is view of an object or scene required?
f.
What is Chain of custody, in relation in Sec. 21 of the Comprehensive
Dangerous Drugs Act of 2002?
2. Explain Rule on DNA Evidence (AM No 06-11-5-SC)
ASSIGNMENT FOR DAY FIVE
Documentary Evidence
1. Meaning of documentary evidence
2. Requisites of admissibility
3. Best evidence rule
a. Meaning of the rule
b. When applicable? Exceptions?
c. Meaning of the original?
d. Requisites for introduction of secondary evidence under (a) of Sec 3 Rule
130
e. In cases under (b) Sec 3, Rule 130

4.

5.

Rules on Electronic Evidence (AM No. 01-7-01-SC)

a. Scope; coverage, meaning of electronic evidence; electronic data message
b. Probative value of electronic documents or evidentiary weight; method of
proof
c. How to authenticate electronic documents and electronic signatures
d. Electronic documents vis-a-vis the hearsay rule
e. Audio, photographic, video and ephemeral evidence
Parol Evidence Rule
a. Application of the parol evidence rule
b. When parol evidence can be introduced
c. Distinctions between the best evidence rule and parol evidence rule

DAY EIGHT
1. ADMISSIONS AND CONFESSIONS
o. Res inter alios acta rule
p. Admission by a party
q. Admission by a third party
r.
Admission by a co-partner or agent
s. Admission by a conspirator
t.
Admission by privies
u. Admission by silence
v. Confessions
w. Similar acts as evidence
2. HEARSAY RULE
f.
Meaning of hearsay
g. Reason for exclusion of hearsay evidence
h. Exceptions to the hearsay rule
i. Dying declaration
ii. Declaration against interest
iii. Act or declaration about pedigree
iv. Family reputation or tradition regarding pedigree
v. Common reputation
vi. Part of res gestae
vii. Entries in the course of business
viii. Entries in official records
ix. Commercial lists and the like
x. Learned treaties
xi. Testimony or deposition at a former trial
DAY NINE
1. OPINON RULE
a. Opinion of expert witness
b. Opinion or ordinary witness
2. CHARACTER EVIDENCE
a. Criminal cases
b. Civil cases
3. RULE ON EXAMINATION OR A CHILD WITNESS (AM 004-07-SC)
a. Applicability of rule
b. Meaning of Child witness
c. Competency of child witness
d. Examination of a child witness
e. Live-link TV testimony of a child witness
f.
Videotaped deposition of a child witness
g. Hearsay exception in child abuse cases
h. Sexual abuse shield rule
i.
Protective orders
4.

OFFER AND OBJECTION

a. Offer of evidence
b. When to make an offer
c. Objection
d. Repetition of an objection
e. Ruling
f.
Striking out of an answer
g. Tender of excluded evidence

DAY TEN

1.

REVISED RULES ON SUMMARY PROCEDURE

x. Cases covered by the rule
y. Effect of the failure to answer
z. Preliminary conference and appearance of the parties
2. KATARUNGANG PAMBARANGAY LAW (PD 1508 RA 7160, as amended)
a. Cases covered
b. Subject matter for amicable settlement
c. Venue
d. When parties may directed to go to court
e. Execution
f.
Repudiation
DAY ELEVEN
1. RULE OF PROCEDURE FOR SMALL CLAIMS CASES (AM 08-8-7-SC)
a. Scope and applicability of the rule
b. Commencement of small claims action; response
c. Prohibited pleadings and motions
d. Appearances
e. Hearing; duty of the judge
f.
Finality of judgment
DAY TWELVE
1. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (AM No. 09-6-8-SC)
g. Scope and Applicability of the rule
h. Civil procedure
a. Prohibition against temporary restraining order and preliminary
injunction
b. Pre-trial conference; consent decree
c. Prohibited pleadings and motions
d. Temporary Environmental Protection Order (TEPO)
e. Judgment and execution; reliefs in a citizens suit
f. Permanent Environmental Protection Order; Writ of continuing
mandamus
g. Strategic lawsuit against public participation
i.
Special Proceedings
a. Writ of Kalikasan
b. Prohibited pleadings and motions
c. Discovery measures
d. Writ of continuing mandamus
j.
Criminal Procedure
a) Who may file
b) Institution of criminal and civil action
c) Arrest without warrant, when valid
d) Strategic lawsuit against public participation
e) Procedure in the custody and disposition of seized items
f)
Bail
g) Arraignment and plea
h) Pre-trial
i)
Subsidiary liabilities
k. Evidence
a. Precautionary principle
b. Documentary evidence
DAY THIRTEEN
1. JUDICIAL AND AFFIDAVIT RULE (AM No. 12-8-8-SC)
l.
Scope and where applicable
m. Contents and Procedure
n. Application to criminal actions
o. Effect of non-compliance
p. Effect on the other rules