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Sunday, July 13, 2008

Evidence

I don't have much notes lately because of my ONE DAY absence. I didn't notice that missing a day in class could lead to a disaster!

Rule 130 Sec 24 (e): Public interest - something in which the public, the community at large, has some peucliar interest by which their legal rights and liabilities are affected. Of all the disqualifications mentioned in Sec. 24, only paragraph (e) is non-waivable.

Rule 130 Sec. 25: Testimonial privilege:
  1. Parental Privilege - a parent may not be compelled to testify against his own child
  2. Filial Privilege - a child may not be compelled to testify against his parents
What is prohibited in Sec. 25 is the compulsion of the witness. The witness cannot be barred from testifying if he does so voluntarily. Remember that this section is different from the matrimonial disqualification in Sec. 22.

Admissions and confessions
Admission -
the act, declaration or omission of a party as to relevant facts, and which may be given in evidence against him

Self-Serving Evidence - an admission favorable to the party making it

*A person's own admission is evidence against him, but is not evidence for him

Classifications of Admission:

Rule 130 Sec. 27:
A. Civil Case: an offer of compromise is not an admission of liability
B. Criminal Case: an offer of compromise is admissible against the offeror except in quasi-offenses or criminal negligence, and those allowed by law to be compromised
C. Plea Bargaining/Withdrawal of plea
D. Humanitarian Gesture

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