Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Liberal Construction of the Rules on Evidence | ESSAY
Medium
...entify the governing doctrine of Liberal Construction of the Rules on Evidence and its operative scope. (b) In a civil action for enforcement of a land sale contract, the original deed of sale and transfer certificate we...
Citations: Philippine Rules on Evidence, Liberal construction of the Rules on Evidence doctrine (Philippine jurisprudence)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Public Documents as Evidence | ESSAY
Medium
...ivil case involves a dispute over land ownership. Plaintiff offers as evidence a certified copy of a title from the Registry of Deeds and a certified copy of a tax declaration from the provincial assessor, both public do...
Citations: Rules of Court, Rule 132 – Evidence (Public documents; authentication and proof).
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Positive and Negative Evidence | ESSAY
Medium
A civil action involves the collection of a loan evidenced by a promissory note. Plaintiff A sues Defendant B for P1,200,000, representing the balance due under a promissory note dated June 1, 2023, signed by B. Plaintif...
Citations: Rule 133, Rules of Court (Weight and Sufficiency of Evidence), Negotiable Instruments Law, Act No. 2036 (as to the admissibility and effect of promissory notes)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | ESSAY
Medium
...ary burglary occurs at 2:30 a.m. The prosecution offers the following evidences to prove the guilt of the accused, a person named Lino de la Cruz: (i) A nearby street CCTV clip shows a person wearing a blue jacket and ca...
Citations: Rules of Court, Rule 133 (Weight and Sufficiency of Evidence)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | ESSAY
Medium
Facts: In a criminal case for armed robbery, the People seek to admit evidence that in 2023, the accused robbed a different store, wearing a gray hoodie and a helmet, and using a pistol to threaten the cashier, escaping...
Citations: Rules of Court, Rule 130 (Evidence) – Other Crimes, Wrongs or Acts; limitations on using prior conduct for non-propensity purposes., Philippine Supreme Court decisions recognizing the identity/common plan exceptions to the general ban on evidence of other crimes (modus operandi) and the use of limiting instructions.
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | ESSAY
Medium
In a criminal case for bank robbery, the People seek to admit evidence that in 2020 the accused robbed a different bank, wearing a distinctive red scarf, black gloves, and using a 9mm pistol, threatening tellers, and fle...
Citations: Rules on Evidence, Rules of Court (Previous Conduct as Evidence)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | ESSAY
Medium
In a criminal case for burglary, the People seek to admit evidence that in 2020 the accused burglarized a hardware store by climbing through a roof vent and prying open a back door with a crowbar, wearing a red cap and g...
Citations: Rules on Evidence, Rule 130, Part C (Previous Conduct as Evidence)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Burden of Proof and Burden of Evidence - Rule 131, Sec. 1 | ESSAY
Medium
...200,000, based on a Promissory Note signed by D. P offers the note as evidence to prove the debt. D testifies that the signature on the note is forged and that the document is not binding on him; D offers no other eviden...
Citations: Rule 131, Sec. 1, Rules on Evidence (Philippines)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Admissibility of Evidence Taken Abroad - Sec. 20 | ESSAY
Medium
.... 20 of Administrative Matter No. 25-02-17-SC, implementing the Hague Evidence Convention, evidence taken abroad is admissible in Philippine courts if the taking occurred under a valid letter of request and the foreign p...
Citations: A.M. No. 25-02-17-SC (Sec. 20), Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (Hague, 1970)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Effect of Using Evidence Taken Abroad - Sec. 19 | ESSAY
Medium
Effect of Using Evidence Taken Abroad — Sec. 19. In a Philippine civil action involving a commercial contract, the court admits a deposition taken in Germany under a Letters of Request issued pursuant to the 1970 Hague E...
Citations: AM No. 25-02-17-SC, Sec. 19 (Effect of Using Evidence Taken Abroad), 1970 Hague Evidence Convention (as implemented in Philippine practice via AM No. 25-02-17-SC)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Effect of Using Evidence Taken Abroad - Sec. 19 | ESSAY
Medium
Effect of Using Evidence Taken Abroad — Sec. 19. In a Philippine civil action, the court admits a deposition taken in France under a Letters of Request issued under the 1970 Hague Evidence Convention (AM No. 25-02-17-SC)...
Citations: A.M. No. 25-02-17-SC (Rules on Transmission and Execution of Letters of Request for Taking of Evidence in Civil or Commercial Matters under the 1970 Hague Evidence Convention), 1970 Hague Evidence Convention (as implemented by Philippine rules)
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Audio, Photographic, and Video Evidence - A.M. No. 01-7-01-SC, Rule 11, Sec. 1 | ESSAY
Medium
...lling doctrine on the admissibility of audio, photographic, and video evidence under A.M. No. 01-7-01-SC, Rule 11, Sec. 1, and explain how it applies to CCTV footage offered at trial. (b) What foundation is required to a...
Citations: A.M. No. 01-7-01-SC, Rule 11, Sec. 1
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Substantial Evidence | ESSAY
Medium
(a) Identify the controlling standard of substantial evidence and its scope in quasi-judicial administrative decisions. (b) The City Civil Service Commission suspends Engr. Mateo Lopez, municipal engineer, for six months...
Citations: Rule 133, Section 1, Rules of Court
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | ESSAY
Medium
A hardware store robbery occurs at 9:00 p.m. The only evidence the prosecution offers consists of: (i) a boot print found near the cash register that matches the defendant’s boot size; (ii) a neighbor’s testimony that ab...
Citations: Rules of Court, Rule 133
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | MULTIPLE_CHOICE
Medium
...use burglary occurs at 3:45 a.m. The prosecution offers the following evidences: (i) A security camera frame shows a silhouette wearing a gray hoodie entering the warehouse and leaving with a toolbox; the image is too bl...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | MULTIPLE_CHOICE
Medium
...resort cottage around 1:15 a.m. The prosecution offers the following evidences: (i) A CCTV frame from the resort’s exterior shows a silhouette of a person wearing a hooded jacket entering the cottage at 1:15 a.m.; the f...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Burden of Proof and Burden of Evidence - Rule 131, Sec. 1 | ESSAY
Medium
...on an 'Acknowledgment of Debt' dated 2017 signed by B, which P claims evidences the debt and the amount. P offers the Acknowledgment as documentary evidence to prove the existence of the debt and the amount. B testifies...
Citations: Rule 131, Sec. 1, Rules of Court
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | ESSAY
Medium
...a warehouse occurs at 3:32 a.m. The prosecution offers the following evidences to prove the guilt of the accused, named Marco Dela Cruz: (i) A grainy CCTV clip shows a figure wearing a bright orange raincoat enter the w...
Citations: Rules of Court, Rule 133
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | MULTIPLE_CHOICE
Medium
...a library burglary at 1:50 a.m., the prosecution offers the following evidences: (i) A CCTV frame shows a silhouette of a person wearing a black hoodie entering the library and leaving with a laptop; the image is too blu...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Audio, Photographic, and Video Evidence - A.M. No. 01-7-01-SC, Rule 11, Sec. 1 | MULTIPLE_CHOICE
Medium
...CTV clip from a mall security camera is offered by the prosecution as evidence of the accused’s involvement. The clip was extracted from the mall’s server by a private investigator and transferred to the prosecutor via U...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Liberal Construction of the Rules on Evidence | MULTIPLE_CHOICE
Medium
In a civil action to collect a loan evidenced by a written promissory note, the original note was destroyed in a flood. Plaintiff offers a printout of an email thread between the borrower and lender that references the l...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Liberal Construction of the Rules on Evidence | MULTIPLE_CHOICE
Medium
In a civil action to recover a loan evidenced by a written loan agreement, the original contract was destroyed in a flood. Plaintiff offers a photocopy bearing the defendant's signature; the photocopy is not authenticate...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | MULTIPLE_CHOICE
Medium
In a criminal case for arson, the People seek to admit evidence that in 2020 the accused torched a warehouse by dousing it with gasoline from a yellow jerrycan and lighting with a lighter, while wearing a fluorescent-yel...
Question
Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | MULTIPLE_CHOICE
Medium
In a criminal case for carjacking, the People seek to admit evidence that in 2021 the accused carjacked a different vehicle, wearing a black ski mask and gloves, and using a .45 pistol, fleeing in a red sedan. In the pre...