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Results for “Rules on 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...

(a) Identify 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 certific...

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 | Liberal Construction of the Rules on Evidence | ESSAY Medium

Facts: In a civil action for breach of contract, Plaintiff A seeks to prove the contract term by presenting a photoco...

...n: (a) Identify the governing doctrine of Liberal Construction of the Rules on Evidence and its operative scope. (b) Under liberal construction, and given the loss of the original, should the photocopy be admitted as sec...

Citations: Rules on Evidence (Philippine Rules of Court) – liberal construction to promote the ends of justice; exceptions to the best evidence rule for lost originals; admissibility of duplicates with proper authentication.

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, Plaintiff sues Defendant for the unpaid balance of a written loan agreement...

...e. (a) Identify the governing doctrine of Liberal Construction of the Rules on Evidence and its operative scope. (b) Under liberal construction, given the loss of the original and the proffered secondary evidence, should...

Citations: Rules on Evidence (Philippines) – Best Evidence Rule and its liberal exceptions, Philippine jurisprudence on Liberal Construction of the Rules on Evidence

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 floo...

...e. (a) Identify the governing doctrine of Liberal Construction of the Rules on Evidence and its operative scope. (b) Under liberal construction, and given the loss of the original and the proffered secondary evidence, sh...

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 f...

...s best reflects the governing doctrine of Liberal Construction of the Rules on Evidence and its application to this scenario? Option 0 correctly states the Liberal Construction rule: secondary evidence is admissible when...

Question Commercial and Taxation Laws | Under the Montreal Convention | ESSAY Medium

On a Manila–Sydney international flight, a Philippine carrier, Pacific Skyways, experiences in‑flight medical equipme...

On a Manila–Sydney international flight, a Philippine carrier, Pacific Skyways, experiences in‑flight medical equipment failure injuring passenger Lena Rivera, a business traveler. Rivera sues Pacific Skyways in Philippi...

Citations: Montreal Convention (1999), Articles relating to carrier liability for passenger injury (e.g., general strict liability up to a per‑passenger limit) and enumerated defenses., Philippine Rules on evidence and burden of proof (preponderance of evidence).

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

Facts: In a civil action to collect rent under a written lease, the original lease was destroyed in a building fire....

...n: (a) Identify the governing doctrine of Liberal Construction of the Rules on Evidence and its operative scope. (b) Under liberal construction, and given the loss of the original and the proffered secondary evidence, sh...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Ephemeral Electronic Communications - A.M. No. 01-7-01-SC, Rule 11, Sec. 2 | ESSAY Medium

In a civil action for damages arising from a construction dispute, the plaintiff seeks to admit into evidence a serie...

In a civil action for damages arising from a construction dispute, the plaintiff seeks to admit into evidence a series of ephemeral electronic communications—instant messages between the client’s project supervisor and t...

Citations: A.M. No. 01-7-01-SC, Rule 11, Sec. 2, Philippine Rules on Evidence, Rule 11 (Documentary Evidence)

Question Civil Law and Land Titles and Deeds | Presumption of Existence | ESSAY Medium

(a) Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within...

(a) Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within Civil Law. (b) Distinguish Presumption of Existence from related presumptions (such as presumption of r...

Citations: Civil Code of the Philippines (capacity to act and personality), Land Registration Decree (PD 1529), Rules on Evidence (presumptions)

Question Civil Law and Land Titles and Deeds | Presumption of Existence | ESSAY Medium

(a) Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within...

(a) Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within Civil Law. (b) Distinguish Presumption of Existence from related presumptions (such as presumption of r...

Citations: Civil Code of the Philippines, Rules on Evidence (Presumptions), Notarial laws (regarding effect of notarization on private instruments)

Question Civil Law and Land Titles and Deeds | Presumption of Existence | ESSAY Medium

(a) Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within...

(a) Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within Civil Law. (b) Distinguish Presumption of Existence from related presumptions (such as presumption of r...

Citations: Civil Code of the Philippines (Book I, on Persons), Rules on Evidence (presumptions in civil proceedings)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Multiple Admissibility | ESSAY Medium

In a civil action for collection of unpaid royalties, Plaintiff P sues Defendant B, a software development firm, for...

In a civil action for collection of unpaid royalties, Plaintiff P sues Defendant B, a software development firm, for ₱900,000. B’s Chief Financial Officer, using B’s corporate email, sends a message dated May 3, 2022: “W...

Citations: Philippine Rules on Evidence (admissibility of party-opponent admissions), Business records exception under Philippine evidence rules, Supreme Court jurisprudence on admissibility of party admissions and business records (Philippines)

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

A civil action arises from a contract dispute in which the plaintiff seeks to prove performance and compliance with r...

A civil action arises from a contract dispute in which the plaintiff seeks to prove performance and compliance with regulatory requirements. The plaintiff offers for admission two public documents: (1) a certified copy o...

Citations: Rules of Court, Rules on Evidence (Public Documents as Evidence)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Conditional Admissibility | ESSAY Medium

A criminal case involves a CCTV recording of the alleged crime. The original video is stored on a cloud server contro...

...s a CCTV recording of the alleged crime. The original video is stored on a cloud server controlled by a third-party security provider. The prosecution seeks to admit a downloaded copy of the footage that was saved to a U...

Citations: Rules on Evidence, Rules of Court (Best Evidence Rule; admissibility of duplicates; authentication of copies)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Curative Admissibility | ESSAY Medium

A plaintiff sues a telecommunications company for breach of a written service agreement. To prove the contract terms,...

...ity? Explain the doctrine, distinguish it from ordinary admissibility rules, and apply to these facts. (a) Identify the central doctrine and its purpose. (b) State the conditions and boundaries for applying curative admi...

Citations: Rules on Evidence (Rules of Court), Philippines

Question Political and Public International Law | Requisites of a Valid Waiver and the Exclusionary Rule | ESSAY Medium

An Ilonggo-speaking suspect, Niko, is detained at a city police station on suspicion of armed robbery. A detective re...

An Ilonggo-speaking suspect, Niko, is detained at a city police station on suspicion of armed robbery. A detective reads a standard rights notice in English: "You have the right to remain silent; anything you say may be...

Citations: Constitution of the Philippines, Rules on Evidence / Rules of Court (Exclusionary Rule and custodial interrogation rights)

Question Political and Public International Law | Executive Privilege | ESSAY Medium

An inquiry by the Senate into alleged irregularities in the procurement of disaster-response equipment requests the p...

...Senate into alleged irregularities in the procurement of disaster-response equipment requests the production of emails between the President and his Chief of Staff that analyze procurement policy options and decision cho...

Citations: Constitution of the Philippines (Executive power and presidential communications), Supreme Court doctrine recognizing executive privilege in presidential communications (general reference), Rules on Evidence and Court Discovery relating to privileged communications (Philippines)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Judicial Affidavit | ESSAY Medium

During a civil action for damages arising from a boundary dispute, plaintiff X files a judicial affidavit sworn by D,...

During a civil action for damages arising from a boundary dispute, plaintiff X files a judicial affidavit sworn by D, a licensed land surveyor. In the affidavit, D states that (i) he personally conducted a boundary surve...

Citations: Rules of Court (Philippines) on Judicial Affidavits and personal knowledge requirement, Rules on Evidence (Philippines) Hearsay Rule, Code of Professional Responsibility and Accountability (Philippines)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Judicial Affidavit | ESSAY Medium

During a civil action for damages arising from a hospital-operated surgical complication, a judicial affidavit is swo...

During a civil action for damages arising from a hospital-operated surgical complication, a judicial affidavit is sworn by a nurse, M. In the affidavit, M states that (i) she personally observed the surgeon mishandling s...

Citations: Rules of Court (Philippines) – Judicial affidavits and personal knowledge requirement, Revised Rules on Evidence – hearsay and weight considerations, Code of Professional Responsibility and Accountability (Philippines) – ethical sanctions for lawyers; perjury provisions in the Revised Penal Code (Art. 183)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Chain of Custody | ESSAY Medium

During a mall surveillance operation, investigators seize a USB drive containing video footage that allegedly capture...

During a mall surveillance operation, investigators seize a USB drive containing video footage that allegedly captures a robbery. The drive is placed in a tamper-evident bag, sealed by Officer Alpha, and the seal is init...

Citations: Rules on Evidence, Rule 130, Philippine Rules of Court

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

Facts: In a civil action pending in the Regional Trial Court of Cebu City, Plaintiff Z sues Defendant W for damages a...

...ors in translation not corrected; (v) Philippine domestic evidentiary rules should apply to preclude its use. You are asked to answer: (a) Identify the controlling doctrine governing use of evidence taken abroad under Se...

Citations: Hague Evidence Convention (1970) text and framework, A.M. No. 25-02-17-SC (Rules on Transmission and Execution of Letters of Request for Taking of Evidence under the Hague Convention), Rules on Evidence of the Philippines, Sec. 18 (Use of Evidence Taken Abroad)