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Results for “Evidence”

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Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Liberal Construction of the Rules on Evidence | ESSAY Medium

(a) Identify the governing doctrine of Liberal Construction of the Rules on Evidence and its operative scope. (b) In...

...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 | Direct and Circumstantial Evidence | ESSAY Medium

An art gallery burglary occurs at 1:50 a.m. The prosecution offers the following evidences: (i) A CCTV frame shows a...

...ery burglary occurs at 1:50 a.m. The prosecution offers the following evidences: (i) A CCTV frame shows a silhouette of a person wearing a dark jacket entering the gallery and leaving with a painting; the image is too bl...

Citations: Rule 133, Rules of Court (Weight and Sufficiency of Evidence)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Public Documents as Evidence | ESSAY Medium

FACTS: A civil case involves a dispute over land ownership. Plaintiff offers as evidence a certified copy of a title...

...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 | Previous Conduct as Evidence | ESSAY Medium

In a criminal case for murder, the People seek to admit evidence that in 2017 the accused murdered a rival patron at...

In a criminal case for murder, the People seek to admit evidence that in 2017 the accused murdered a rival patron at a different venue, wearing a black balaclava, gloves, and using a .45 pistol, escaping via a back alley...

Citations: Rules of Court on Evidence, Rule 130 (Previous Crimes, Wrongs or Acts), Philippine jurisprudence recognizing admissibility of prior acts for identity or common plan under strict limitations, Rule 403 balance between probative value and prejudice

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Use of Evidence Taken Abroad - Sec. 18 | ESSAY Medium

(a) Identify the controlling doctrine under Sec. 18 of the Rules on Evidence governing use of evidence taken abroad a...

(a) Identify the controlling doctrine under Sec. 18 of the Rules on Evidence governing use of evidence taken abroad and the essential conditions for admissibility. (b) Apply the doctrine to the following scenario: In a c...

Citations: Rules on Evidence (Sec. 18), Hague Evidence Convention (1970), A.M. No. 25-02-17-SC

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | ESSAY Medium

A bookstore burglary occurs at 2:05 a.m. The prosecution offers the following evidences: (i) A grainy CCTV frame show...

...ore burglary occurs at 2:05 a.m. The prosecution offers the following evidences: (i) A grainy CCTV frame shows a silhouette wearing a dark jacket exiting with a rare edition; the image is not identifiable. (ii) A neighbo...

Citations: Rules of Court, Rule 133 (Weight and Sufficiency of Evidence)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Direct and Circumstantial Evidence | ESSAY Medium

A boutique jewelry store burglary occurs at 2:20 a.m. The prosecution offers the following evidences to prove the gui...

...ore burglary occurs at 2:20 a.m. The prosecution offers the following evidences to prove the guilt of the accused: (i) A grainy CCTV frame shows a silhouette wearing a dark hoodie and gloves entering the store and exitin...

Citations: Rules of Court, Rule 133, Section 4 (Weight and sufficiency of evidence)

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,...

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

A library burglary occurs at 2:30 a.m. The prosecution offers the following evidences to prove the guilt of the accus...

...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 | Direct and Circumstantial Evidence | ESSAY Medium

An art gallery theft occurs at 11:15 p.m. The prosecution offers the following evidences: (i) A security camera frame...

...llery theft occurs at 11:15 p.m. The prosecution offers the following evidences: (i) A security camera frame from the gallery’s exterior shows a figure with a long coat entering and leaving with the painting; the face is...

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 dif...

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 | Liberal Construction of the Rules on Evidence | ESSAY Medium

In a civil action for recovery of a loan evidenced by a written loan agreement, the original instrument was destroyed...

In a civil action for recovery of a loan evidenced by a written loan agreement, the original instrument was destroyed in a flood. Plaintiff offers a printout from the bank’s loan-management system that references the loa...

Citations: Rules on Evidence – Liberal Construction doctrine (Philippine Rules of Court), Best Evidence Rule – admissibility of secondary evidence when original is lost/destroyed, Authentication and corroboration requirements for secondary evidence under liberal construction

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 ba...

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 st...

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 | Previous Conduct as Evidence | ESSAY Medium

In a criminal case for estafa by misrepresentation, the People seek to admit evidence that in 2021 the accused defrau...

...iminal case for estafa by misrepresentation, the People seek to admit evidence that in 2021 the accused defrauded a different merchant by presenting a forged corporate check and a counterfeit official ID, while wearing a...

Citations: Philippine Rules on Evidence, Rule 130, Part C (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 estafa, the People seek to admit evidence that in 2016 the accused defrauded a different compa...

In a criminal case for estafa, the People seek to admit evidence that in 2016 the accused defrauded a different company by submitting forged supplier invoices and using a forged corporate seal, resulting in a loss of ₱1...

Citations: Rules on Evidence (Philippines), Rule 130, Testimonial Evidence; exceptions for admissibility of prior acts to prove identity or common design., Philippine Supreme Court jurisprudence on admissibility of similar acts for identity/common design (e.g., cases discussing limited use of prior bad acts with proper limiting instructions).

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | ESSAY Medium

In a criminal case for homicide, the People seek to admit evidence that in 2018 the accused stabbed a bar patron duri...

In a criminal case for homicide, the People seek to admit evidence that in 2018 the accused stabbed a bar patron during a dispute, wearing a black hood, gloves, and using a fixed-blade knife, fleeing through a back exit...

Citations: Rule 130, Rules on Evidence (previous conduct as evidence), Philippine jurisprudence recognizing admissibility for identity or common design where MO is distinctive

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | ESSAY Medium

In a criminal case for kidnapping for ransom, the People seek to admit evidence that in 2020 the accused abducted a b...

...n a criminal case for kidnapping for ransom, the People seek to admit evidence that in 2020 the accused abducted a bakery owner in Pasig City, wearing a neon-green hoodie and gray beanie, and using a stun gun to subdue t...

Citations: Rules on Evidence, Philippines (Rule 130), Philippine Supreme Court cases on admissibility of prior acts for identity or common design (as applicable)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | ESSAY Medium

In a criminal case for robbery with violence, the People seek to admit evidence that in 2019 the accused robbed a har...

...n a criminal case for robbery with violence, the People seek to admit evidence that in 2019 the accused robbed a hardware store, wearing a lime-green jacket, black gloves, and using a wooden baton to threaten the clerk...

Citations: Rules of Court, Rules on Evidence (prev. conduct as evidence; exceptions for identity and common plan)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Previous Conduct as Evidence | ESSAY Medium

In a criminal case for robbery, the People seek to admit evidence that in 2017 the accused robbed a convenience store...

In a criminal case for robbery, the People seek to admit evidence that in 2017 the accused robbed a convenience store, wearing a gray balaclava and black gloves, and using a .45 pistol to threaten the teller, escaping on...

Citations: Rules on Evidence, Rule 130

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Burden of Proof and Burden of Evidence - Rule 131, Sec. 1 | ESSAY Medium

Plaintiff P sues Defendant D for P200,000, based on a Promissory Note signed by D. P offers the note as evidence to p...

...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

Under Sec. 20 of Administrative Matter No. 25-02-17-SC, implementing the Hague Evidence Convention, evidence taken ab...

.... 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 for breach of a technology licensing ag...

Effect of Using Evidence Taken Abroad — Sec. 19. In a Philippine civil action for breach of a technology licensing agreement, the plaintiff seeks to admit a deposition taken in Canada under a Letters of Request issued un...

Citations: Administrative Matter No. 25-02-17-SC (Rules on Transmission and Execution of Letters of Request under the 1970 Hague Evidence Convention), Hague Evidence Convention (1970), Philippine jurisprudence interpreting Sec. 19 of AM No. 25-02-17-SC (as to admissibility and weight of foreign-taken evidence)

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 co...

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)

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