Evidence

List of Cases:

1. Pp vs Nardo 278 SCRA 393
   
2. Pp vs Dadles 353 SCRA 339
3. Pp vs Santos 1993
   

Provsional Remedies

List of Cases:

1. Heirs of the late Ex-Justice Jose B.L. Reyes, et. al. represented by Adoracion Reyes, et al. vs. Court of Appeals and Metro Manila Builders, Inc.
2. National Mines and Allied Workers Union vs Vera 133 scra 259
3. Senate Blue Ribbon Committee vs. Majaducon 407 SCRA 356
4. Phil Sinter Corp. vs Cagayan Electric Light and Power Co. Inc. 381 SCRA 582
5. Dela Ventures Resources Inc. vs. Cabato 327 SCRA 521
6. Yupangco Cotton Mills Inc. vs. Court of Appeals 373 SCRA 451
   

Taxation

Coverage:

1. General Principles
2. Court of Tax Appeals
3. Customs and Tariff Laws
4. Local Taxation
   

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

Wills and Succession

Article 816 EXAMPLES

Situation 1: A Japanese resides in Indonesia. On his way to the Philippines, he makes a stop-over in Malaysia, where he made his will. What law should be followed in making the will?
Answer: In making the will, he may follow the laws of the following countries:

1. Indonesia (the place of residence)
2. Japan (his country)
3. Philippines (as provided by Civil Code)
4. Malaysia (under the doctrine of lex loci celebrationis)

Situation 2: The Japanese wants to revoke the will. What law should be followed in revoking the will?
Answer: In revoking the will, he may follow the laws of the following countries:

1. Malaysia (where the will was made)
2. Indonesia (where he resides)
3. Philippines (if the revocation is made in the Philippines)

NOTE: The Civil Code does not mention that the revocation may be done according to the law of the testator's country (in this case, Japan).

Probate - the act of proving before a competent court, the due execution of a will by a person possessed of testamentary capacity, as well as approval thereof by said court.

2 Kinds of Probate:

1. Ante-Mortem (initiated by the testator himself, during his lifetime)
   
2. Post-Mortem (after the testator's death)

Interested party - one who would be benefited by the estate
Distribution - the division, by order of the court having authority, among those entitled thereto, of the estate of a person, after the payment of debts and charges

When may a final judgment on a probate be set aside?

• By Petition for Relief brought within the legal period (on the ground of FAME). Legal period: (a) 60 days from receipt or notice of final order; or (b) 6 months from entry of order
• Should the period lapse, the judgment now really becomes FINALLY FINAL

Generally, a probate court has no jurisdiction to decide questions of ownership, except:

1. When the parties voluntarily submit this matter to the court
2. When provisionally, the ownership is passed upon to determine whether or not the property involved is part of the estate

Grounds for disallowance (ARt 839):

1. defective formalities
2. insanity at the time of execution
3. force, duress, fear or threat
4. undue and improper pressure and influence
5. fraud and forgery
6. mistake or lack of testamentary intent in so far as the document is concerned

Distinctions between revocation and disallowance:

1. Revocation is a voluntary act made by the testator while disallowance is given by a judicial order.
2. Revocation may be made by the testator with or without any cause while disallowance must always be for a legal cause.
3. Revocation may be partial or total while disallowance is always total except in cases of fraud and undue influence.

Institution of heir - an act whereby the testator designates in his will the person or persons who are to succeed him in his property and transmissible rights and obligations

Requisites for a valid institution:

1. the will must be extrinsically valid (valid as to form)
   
2. the institution must be intrinsically valid
3. the institution must be effective

"unknown person" - one who is known by the testator but cannot be identified from the will (Dean made us distinguish between an unknown person and an unidentified person... Nosebleed!)

Preterition - (or pretermission) is the omission, whether intentional or not, of a compulsory heir in the inheritance of a person. Requisites:

1. there is a TOTAL omission in the inheritance
2. the one omitted must be a compulsory heir
3. the compulsory heir omitted must be in the direct line

Distinguish Art. 848 from Art 1006:

1. Article 848 refers to testamentary succession while Art. 1006 refers to interstate succession.
2. In Art. 848, brothers and sisters of full or half blood shall receive equally, when the inheritance instituted does not specify the shares to be given.
3. In Art. 1006, brothers and sisters of full-blood will receive double the share of half-blood. (Remember, 1006 applies to intestate succession).

Preliminary Injunction

Cases July 8, 2008:

1. First Global Realty & Development vs San Agustin
2. Feranil vs Arcilla

The two cases above have discussed the requisites and purpose for the issuance of preliminary injunction.

Evidence: List of Cases June 2, 2008

G.R. No. 79094 June 22, 1988
MANOLO P. FULE vs. COURT OF APPEALS

G.R. No. L-20264 January 30, 1971
CONSUELO S. DE GARCIA, ET AL. vs. COURT OF APPEALS, ET AL

G.R. No. 152021. May 17, 2005
HEIRS OF ERNESTO V. CONAHAP vs. HEIRS OF PROSPERADOR REGAÑA

G.R. No. 119053 January 23, 1997
FLORENTINO ATILLO III vs. COURT OF APPEALS, ET AL.

G.R. No. 143783. December 9, 2002
DANTE SARRAGA, SR. and MARIA TERESA SARRAGA vs. BANCO FILIPINO SAVINGS AND MORTGAGE BANK

G.R. No. 110844 April 27, 2000
ALFREDO CHING vs. COURT OF APPEALS, ET AL

G.R. Nos. L-27860 and L-27896 March 29,1974
PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK vs. VENICIO ESCOLIN, ET AL.

Evidence

Evidence

Evidence is the means, sanctioned by these rules (Rules of Court), of ascertaining in a judicial proceeding, the truth respecting a matter of fact. (Rule 128, Sec. 1)

Cases:

1. Mayon Hotel and Restaurant vs Adava GR 157634 5/16/2005 (http://www.supremecourt.gov.ph/jurisprudence/2005/may2005/157634.htm)

2. Samalio vs CA 454 SCRA 462 (http://www.supremecourt.gov.ph/jurisprudence/2005/mar2005/140079.htm)

3. Ong Chia vs Republic 328 SCRA 749 (http://www.supremecourt.gov.ph/jurisprudence/2000/mar2000/127240.html)

4. Bantolino vs Coca Cola 403 SCRA 699 (http://www.supremecourt.gov.ph/jurisprudence/2003/jun2003/153660.htm)

5. Lagon vs Hooven 439 SCRA 363 (http://www.supremecourt.gov.ph/jurisprudence/2003/jun2003/..%5C..%5C2001%5Cjan2001%5C135657.htm)

Classes of Evidence

1. Relevant – when in has the tendency in reason to establish the probability or improbability of a fact in issue

2. Competent – when it is not excluded by law

3. Testimonial – evidence on oath or affirmation

i. Oral evidence – otherwise known as Parol Evidence

ii. Documentary evidence – consists of writings or any material containing letters, words, figures, symbols, and other modes of written expressions offered as proof of their contents

4. Object – evidence addressed to the senses of the tribunal

5. Direct – evidence which proves the fact in dispute without aid of any inference or presumption

6. Circumstantial – proof of fact, which when taken collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence

7. Best or Primary – evidence which affords the greatest certainty of the fact in question; this could be the primary document or original document

8. Secondary – evidence which is inferior to the primary evidence and shows on its face that better evidence exists

9. Positive – affirmation of a fact

10. Negative – denial of a fact

· In case of collusion between positive and negative evidence, the former prevails.

11. Corroborative – additional evidence of a different kind and character tending to prove the same point

12. Cumulative – additional evidence of the same kind and character tending to prove the same point

13. Prima Facie – evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence

14. Conclusive – evidence which is incontrovertible

15. Rebuttal – evidence which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party

16. Sur-rebuttal – evidence given to disprove the rebuttal evidence

17. Expert – an evidence given by one who is knowledgeable in a certain field or expertise not usually acquired by other persons

18. Substantial – that amount of relevant evidence which a reasonable mind might accept as adequate for justifying a conclusion

Proof vs Evidence

Proof is the result or perfection of the evidence while evidence is the means by which proof is established

Factum Probandum vs Factum Probans

Factum probandum is the proposition to be established while factum probans is the material evidencing the proposition

Burden of Proof vs Burden of Evidence

Burden of proof is the duty of the party to prove the allegations while burden of evidence is the duty of the party to overthrow the prima facie presumption against him

Collateral matters – those which are outside the controversy, or those not directly connected with the principal matters and issues in dispute, as indicated in the pleadings

Facts in issue – facts that a plaintiff must prove to establish his claim or facts that the defendant must prove in order to establish a defense set up by him

Facts relevant to the issue – those facts which render probable the existence or non-existence of a fact in issue, or some other relevant fact

June 23, 2008

Equipoise or equiponderance doctrine – when there is equal amount of evidence presented; under this doctrine, the decision shall be rendered against the party who has the burden of proof

Construction of evidence: Evidence shall be construed/applied/interpreted so as not to frustrate substantial justice (Quiambao vs CA 454 SCRA 17, March 28, 2005)

Wills and Succession

Notes on Wills and Succession

SUCCESSION – a mode of acquisition by virtue of which the property, rights, and obligations up to the extent of the value of the inheritance, of a person are transmitted through his death to another or others either by his will or by operation of law. (Art. 774)

What is succession? It is a mode of acquisition

What may be acquired?

1. Property
2. Rights
3. Obligations up to the extent of the value of inheritance (meaning, obligation transmitted may not exceed the value of the inheritance received)

How are the properties, rights and obligations acquired? Through death, either by will (testamentary succession), or by operation of law (intestate or legal succession).

Kinds of Succession:

1. Testamentary Succession – when the decedent left a will
2. Intestate or Legal – when the decedent has left no will and succession takes place by operation of law
3. Mixed Succession – when succession is partly by will and partly by operation of law

4. Contractual Succession – a contract executed by future spouses to give to each other in their marriage settlement as much of their future property, in the event of death, as they may validly dispose of in a will

Decedent – the person whose estate is transmitted through his death

Testator – the decedent who left a will

Intestate – the decedent who left no will

Heir – a person called to the succession either by the provision of a will or by operation of law

Compulsory heir – those to whom legitimes are reserved

Voluntary heir – one who is called to succeed the excess of the legitime

Legatee – on who succeeds a particular personal property (legacy)

Devisee – on who succeeds a particular real property (devise)

WILL – an act whereby a person is permitted, with the legal formalities prescribed by law, to control to a certain degree the disposition of his estate, to take effect after his death. (Art. 783)

Essential elements and characteristics of a will:

1. The making of a will is statutory
2. It is a unilateral act
3. It is a solemn or formal act
4. There must be animus testandi (intent to make a will)
5. The testator must be capacitated to make a will
6. A strictly personal act
7. Effective mortis cause
8. Essentially revocable or ambulatory (capable of being revoked anytime)
9. Free from vitiated consent
10. Individual
11. It disposes of the testator’s estate

Kinds of Will
1. Notarial Will – one done with the intervention of a Notary Public
2. Holographic Will – a will handwritten by the testator, dated and signed by him

Classes start on the 16th

I had quite an overreaction when I learned that classes didn't start last June 10. I was so ha-ha-happy... I figured that it would be better to start the classes on the 16th to afford me some more time to chase last-minute gimmicks with friends before the suicidal law school days begin.

Whoohooh!