Evidence (Rules of Court 128-129)

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1
What is evidence under Rule 128?
The means sanctioned by the Rules of Court for ascertaining the truth respecting a matter of fact in a judicial proceeding.
2
What are the two general requisites for admissibility of evidence?
Relevance to the issue and absence of a constitutional, statutory, or procedural exclusion.
3
What is relevant evidence?
Evidence having a tendency in reason to prove or disprove a fact in issue.
4
What is collateral evidence?
Evidence concerning a fact not directly in issue; it is generally inadmissible unless it reasonably tends to establish a material fact.
5
What is the distinction between admissibility and weight of evidence?
Admissibility determines whether evidence may be considered; weight concerns its persuasive value.
6
What is judicial notice?
A court's recognition of certain facts without requiring formal proof, under Rule 129.
7
What is mandatory judicial notice under Rule 129?
Recognition without proof of matters the court is legally required to notice, such as Philippine political history and official acts of government branches.
8
What is discretionary judicial notice?
Recognition of matters of public knowledge, unquestionable demonstration, or matters judges ought to know because of judicial functions.
9
What is a judicial admission?
An admission made by a party in pleadings, during trial, or in other proceedings of the same case.
10
What is the general effect of a judicial admission?
It ordinarily requires no proof and binds the admitting party, subject to recognized exceptions.
11
What is object evidence under Rule 130?
Evidence addressed to the senses of the court, including physical objects presented for examination.
12
What is documentary evidence?
Documents offered as proof of their contents or of facts relevant to the case.
13
What is the original document rule?
When the contents of a document are in issue, the original is generally required unless an exception applies.
14
When may secondary evidence of a document's contents be admitted?
When a recognized exception applies and its foundational requirements are established.
15
What is the general treatment of duplicates under the amended evidence rules?
A duplicate is generally admissible to the same extent as an original unless authenticity is genuinely questioned or admission would be unfair.
16
What is the parol evidence rule?
When an agreement is reduced to writing, its terms generally control over outside evidence, subject to properly raised exceptions.
17
What is the purpose of authentication of documentary evidence?
To establish that the document is what its proponent claims it to be.
18
What is a public document under Rule 132?
A document falling within the rule's categories, including specified official acts, public records, and notarized documents.
19
What is a private document?
A document that does not qualify as a public document under the evidence rules.
20
How may a private document generally be authenticated?
Through a witness who saw its execution or writing, evidence of the signature's authenticity, or other recognized methods.
21
What is testimonial evidence?
Evidence given by a competent witness through testimony under the applicable rules.
22
Who is generally competent to testify under Rule 130?
A person capable of perceiving and communicating the perception, subject to specific disqualifications or privileges.
23
Does a witness's youth automatically make the witness incompetent?
No. Competence depends on the ability to perceive, remember, and communicate relevant facts.
24
What is personal knowledge as a foundation for testimony?
A witness generally testifies to facts learned through the witness's own perception.
25
What is hearsay under the amended Rule 130?
An out-of-court statement offered to prove the truth of the matter asserted.
26
Is every out-of-court statement automatically inadmissible hearsay?
No. Some statements are not offered for their truth, and others fall within exclusions or exceptions.
27
What is an independently relevant statement?
An out-of-court statement offered to prove that it was made or its effect, rather than the truth of its contents.
28
What is an admission of a party under the evidence rules?
A party's act, declaration, or omission relevant against that party, subject to the governing rule.
29
What is an admission by a co-conspirator?
A statement made during and in furtherance of a conspiracy, admissible against another conspirator when the required foundation is established.
30
What is a dying declaration?
A statement concerning the cause or circumstances of the declarant's impending death, made under consciousness of impending death and within the rule's conditions.
31
What is a declaration against interest?
A statement by an unavailable declarant that was sufficiently contrary to the declarant's interest when made, under the rule's requirements.
32
What is the excited utterance exception?
A statement relating to a startling event made while the declarant remains under the stress of excitement caused by it.
33
What is the business records exception?
Admission of qualifying records made and kept in the regular course of business under the rule's foundational requirements.
34
What is the official records exception?
Admission of qualifying entries in official records made by a public officer in the performance of duty or by a person specially enjoined by law.
35
What is the former testimony exception?
Admission of qualifying prior testimony of an unavailable witness when the adverse party previously had an opportunity and similar motive to develop it.
36
What is the residual exception to hearsay under the amended rules?
A limited exception for trustworthy statements meeting specified necessity, materiality, notice, and interests-of-justice requirements.
37
What is attorney-client privilege?
Protection of qualifying confidential communications between lawyer and client made in the course of professional engagement.
38
What is physician-patient privilege under Rule 130?
Protection of specified confidential medical communications and information in civil cases, subject to the rule's conditions.
39
What is marital communications privilege?
Protection of qualifying confidential communications received by one spouse from the other during marriage.
40
What is spousal testimonial disqualification?
A rule restricting testimony by one spouse for or against the other during marriage without consent, subject to exceptions.
41
What is the distinction between marital communications privilege and spousal testimonial disqualification?
One protects qualifying confidential marital communications; the other restricts certain testimony during an existing marriage.
42
What is examination-in-chief?
The initial questioning of a witness by the party presenting that witness.
43
What is cross-examination?
Questioning by the adverse party to test testimony, credibility, and relevant matters within the permitted scope.
44
What is a leading question?
A question suggesting the answer the examining party desires.
45
When are leading questions generally permitted?
During cross-examination and in other situations expressly allowed by Rule 132.
46
What is impeachment of a witness?
Challenging a witness's credibility through methods authorized by the Rules of Evidence.
47
What is an offer of evidence?
The formal identification of evidence and the purpose for which it is presented for the court's consideration.
48
What is the burden of proof?
The duty to establish a claim or defense by the quantum of evidence required by law.
49
What is the burden of evidence?
The duty to produce sufficient evidence to establish or rebut a fact in issue as the case progresses.
50
What is substantial evidence?
Relevant evidence that a reasonable mind might accept as adequate to support a conclusion.
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