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!

3rd year subjects

Succession
Legal Forms
Business Organization
Legal Counseling
Taxation 1
Provisional Remedies
Evidence
International Business Transactions

19 units

2007 PHILIPPINE BAR exam result

Thanks to jehz and also to winston for sharing with me the list of successful examinees of the 2007 Philippine Bar examination.

The link I gave you earlier was wrong.. Hehehe.. I've updated it already...

To download the list, click here.

Congratulations to the new lawyers!

Summer Break!

I don't opt to enroll during the summer classes. But there are already open subjects at UM Law School for this summer:

Land Titles and Deeds
Legal Profession
Environmental Law
Conflict of Laws
Labor Standards

Summers class starts on April 7....

As for me............ April is the suicide audit season so I will never have the chance to study for summer... I think that's a good thing, though.. I NEED A BREAK! Hahaha!

Only one more exam to go (Sales, tomorrow....) and my summer vacation would officially start.. Whoooohoooooh!

Social Legislation Finals

Here are the links to the pertinent laws which shall form part of the coverage for our Social Legislation Exams this Saturday, March 15.

For document file:

Comprehensive Agrarian Reform Law

Paternity Leave Law

Anti-Sexual Harassment Law

Administrative Law

Click to view.


No, I am not sure about this. But this is how I understood it.

Administrative Adjudication

Governing laws/rules

1. Rule 14 of the Omnibus Rules Implementing Book V of EO 292
2. Ombudsman Administrative Order No. 17
3. Sec. 63 of RA 7160
4. Book VII of EO 292

Rule 14 of the Omnibus Rules Implementing Book V of EO 292 supplementarily applies to all administrative agencies, unless otherwise stated in their rules of procedure.

The Ombudsman has concurrent jurisdiction over all administrative investigation upon all public officers/officials in the government except:

1. those removable by impeachment (President, Vice President, etc.)
2. members of the judiciary
3. members of congress

Why is it given concurrent jurisdiction? “To insulate the said officials from the long tentacles of officialdom that are able to penetrate the judge’s and fiscal’s offices and others involved in the prosecution of erring public officials, and through the exertion of official pressures and influence, quash, delay or dismiss investigations into malfeasance and misfeasance committed by public officials.” –Vasquez vs Alinio, April 1997

7 Books of the Administrative Code of 1987:

Book 1: Sovereignty and General Administration

Book 2: Distribution of Powers of the Government

Book 3: Office of the President

Book 4: The Executive Branch

Book 5: Constitutional Commissions

Book 6: National Government Budgeting

Book 7: Administrative Procedure

Social Legislation - Employees Compensation Law

Overview

Workmen's Compensation - those laws providing for compensation for loss resulting from the injury, disablement or death of workmen through industrial accident, casualty or disease

Compensation - the money relief afforded according to the scale established under the statute, as differentiated from compensatory damages recoverable in an action at law for breach of contract or for a tort

General purposes of workmen's compensation:

1. to improve the economic status of workers
2. to obviate the uncertainties, delay, expense, and hardship attendant upon the enforcement of court remedies
3. to transfer from the worker to the industry in which he is employed, and ultimately to the public, a greater proportion of the economic loss due to industrial accidents and injuries
4. to improve the relationship between the employees and employers by reducing the friction incident to litigation
5. to provide, not only for employees a remedy which is both expedition and independent of proof of fault, but also for employers a liability which is limited and determinate

Effectivity of PD 626 - January 1, 1975

Injury - any harmful change in the human organism from any accident arising out of and in the course of employment

Arising out of and in the course of employment - if the employment is one of the contributing causes without which the accident which actually happened would not have happened; it must have happened:

1. within the period of employment;
2. at the place where the employee reasonably may be in the performance of his duties; and
3. while he is fulfilling those duties or engaged in the furtherance of employer's business

24-hour Duty Doctrine - requires work connection; should not be sweepingly applied to all acts and circumstances but only to those which, although not on official line of duty, are nonetheless in the nature and character of their work

Policy on Military on "Pass" or "On Leave" (source: http://www.ecc.gov.ph/policies.htm)

Board Resolution No. 03-020014 issued on July 5, 1988.

Any disability or death resulting from illnesses or injuries suffered by members of the military while they were "on leave" or "on pass" shall be compensable under the following circumstances:

3.1 While the soldier was "on pass" for a period not exceeding seventy-two (72) hours
3.2 While the soldier is on rest and recreation, which is considered part of the soldier's military activities, after the soldier had gone on actual combat duty, as duly certified to by the proper commanding officer concerned; and
3.3 While the soldier was on academic leave, provided that the particular field of study had been approved and paid for by the military, or other agencies the military had sanctioned officially.

3.4 The disability or death of a soldier in the following circumstances is deemed not compensable:
3.4.1 While the soldier was on furlough or on leave, he or she is considered absent from military duties;
3.4.2 While the soldier was on sick, convalescent, or compassionate leave, except when the leave had been due to work-connected illnesses or injuries;
3.4.3 While the soldier was on maternity, paternity or graduation leave; and
3.4.4 When the soldier is considered on "AWOL" status;

3.5 The judgment of compensability apropos to the foregoing cases is subject to the general limitations provided for in Article 172 of the Labor Code of the Philippines; as amended; specifically, that the disability or death had not been occassioned by intoxication, notorious negligence and willfull intention of the soldier to kill himself, or another. Moreover, the sickness or injury should not have arisen from participation or involvement in a criminal offense, whether consummated or not; and
3.6 The aforecited guidelines notwithstanding, the disability or death of the soldier is also subject to the policy on "presumptive compensability" governing contingencies of members of the Armed Forces of the Republic of the Philippines (AFP), as contained in Board Resolution 3906, ECC, dated July 1988; and

"Resolved, Finally, that a copy of this issuance be furnished all concerned institutions, agencies or parties, for their information and proper guidance

Unanimously approved: Makati, Metro Manila, 11 February 1993.

Proximity Cause - where the injury is shown to have arisen in the course of employment, every natural consequence that flows from the injury likewise arises out of the employment, unless it is the result of an independent intervening cause attributable to claimant's own negligence or misconduct

Ingress/Egress Proximity Rule (Going and Coming Rule)
In the absence of special circumstances, an employee injured in, going to, or coming from, his place of work is excluded from the benefits of workmen's compensation act EXCEPT:

1. where the employee is proceeding to or from his work on the premises of his employer
2. where the employee is about to enter or about to leave the premises of his employer by way of the exclusive or customary way of ingress/egress
3. while the employee is charged, while on his way to or from his place of employment or at his home, or during his employment, with some duty or special errand connected with his employment
4. where the employer, as an incident of employment, provides the means of transportain to and from the place of employment

"Going to and Coming From The Place Of Work" Rule (source: http://www.ecc.gov.ph/policies.htm)

Board Resolution No. 3914-A issued on July 5, 1988.

• Injuries or death suffered by employees resulting from an accident while enroute to or coming from the workplace are compensable provided that the following conditions shall be established definitively:
• The act of an employee, going to or coming from the workplace, must have been a continuing act, that is, an employee had not been diverted therefrom by any other activity, and he/she had not departed from his/her usual route to or from his/her workplace; and
• In the case of an employee on special errand, the special errand must have been official and in connection with his/her work.

Incidents of employment:

1. acts of personal ministration for the comfort or convenience of the employee
2. acts for the benefit of the employer
3. acts done to further the goodwill of the business
4. slight deviations from work, out of curiosity or otherwise (Friendster?)
5. acts in emergencies

Social Legislation

The Examination for Social Legislation under Atty. EJ Bonocan will be on Saturday, February 2, 2007. I was absent yesterday so I basically just lost the chance of objecting from such exam date! Arrgh!!! Notes will be posted on or before Thursday, that's a promise.

Coverage will be:

1. GSIS Law
2. SSS Law
3. EC Law