1.

Question 1

By the rule of estoppel, an act, declaration or omission of a party as to relevant fact can be an evidence
against him.

1.a) May a person create an evidence against himself? How? Explain your answer.
1.b) State and explain the rule of "res inter alios acta". Give at least three (3) exceptions to this rule
and state briefly its legal basis or principle upon which it is based.
1.c) An offer of compromise in a criminal case is synonymous/or the same as admission of guilt, true
or false? Explain/justify your answer.
1.d) What is the evidentiary value or the rule with regards to statements or declaration which amount
to admission when made in the course of plea bargaining or in case of an unaccepted offer of plea of
guilty to a lesser offense? State the rationale of said rule.

Your Answer

1.a) A person CANNOT create evidence against himself. Under Article 3, Sec. 17 of the Constitution
states that “No person shall be compelled to be a witness against himself” This right against self-
incrimination is given to all persons who produces evidence in any proceeding. on the other hand,
only applies to testimonial compulsion. When the evidence sought to be excluded is object evidence
rather than an incriminating statement, the accused may be called to testify.

1.b) The rule of res inter alios acta states that the rights of a party cannot be prejudiced by an act,
declaration, or omission of another. It is a confession given extrajudicially by another is binding only
to the confessant, and will not be admissible against the other accused.

The Under Rule 130 the three Exceptions to this rule:

1. Sec. 30, - Admission by conspirator – The act or declaration of a conspirator must relate and must
be made during the existence of the conspiracy.
 2. Sec. 31 – Admission by privies – the act or declaration was made by one who derives title or
property from another was made while the party is holding the title.
3. Sec 32- Admission by silence= The act or declaration made in the presence and within the hearing
or observation of a party who does or says nothing when the act or declaration is such as naturally to
call for action or comment if not true, and when proper and possible for him to do so, may be given in
evidence against him

1.c) No, This only applies on a criminal cases, excluding criminal negligence cases, in a case wherein
a person acts with a disregard for risks to life and safety, is an offer of compromise the same as
admission of guilt. Under Sec. 27, Rule 130 of the Revised Rules on Evidence states that “In criminal
cases, except those involving quasi-offenses or those allowed by law to be compromised, an offer of
the accused of compromise may be received in evidence as an implied admission of guilt.” 

1d) Under Sec. 27, par. 3 of Rule 130 states that “A plea of guilty later withdrawn, or an unaccepted
offer of a plea of guilty to lesser offense, is not admissible in evidence against the accused who made
the plea or offer.” A plea that may be influenced with threats, coercion, and could potentially endanger
the correct legal outcome is not admissible

2. Question 2

A piece of evidence to be admissible must be relevant and competent.

 2.a) When is an evidence competent? What are collateral matters, are they admissible in evidence if
so, what is their evidentiary value if any?
2.b) State the rule on previous and similar acts or conduct as evidence. Is there any exception to this
rule?
2.c) What are the two [2] kinds of extra-judicial admission? State the evidentiary value if any of an
admission made in a pleading which was later on amended? What should you do to make it
admissible?
2.d) State the essential requisites of an extra-judicial confession to be admissible and in what language
and form should it be?
A confession obtained by a police thru a persistent and continous questioning for twelve [12] hours by
leading questions admissible or not? State your reason.

Your Answer

2.a) It means that it is the needed and appropriate evidence that is relevant and its nature can be used
in court to prove the issue of the fact. Under Sect 4, Collateral matters are evidence that should have
relation to the fact in issue as to induce belief in its existence or non existence. Collateral matters shall
not be allowed, except when it tends in any reasonable degree to establish the probability or
improbability of the fact in issue. 

2.b) Under Section 34, he two [2] kinds of extra-judicial admission is When a person is charged with a
specific crime, testimony may be received of other similar acts, committed at the same time, for
establishing the criminal intent of the accused. 

c) The 2 kinds of extra judicial admissions are voluntary and involuntary. Under Section 3 of Rule 133
on the Rules of Court, An extra judicial Confession made by an accused , shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus delicti. It is recognized as
admissible evidence against the accused, it is based on the presumption that no one will declare
anything against himself unless such declarations were true.

3. Question 3

An evidence may consists of a writing or documents, oral or testimonial, an object or a thing.

3.a) Explain the "best evidence rule" as understood in its general concept. Is the best evidence rule
when applied to documentary evidence synonymous or has the same concept as the present "original
document rule"? Explain.
3.b) By the original document rule, no other evidence is admissible other than the original document
itself. State briefly in your own words the exception to this rule. What is secondary evidence as
defined by the Supreme Court. Is a duplicate of the original admissible? Explain.
3.c) State in your own words the "Parol Evidence Rule". What is the legal basis or rationale of the
rule.
3.d) Who can be a witness? Is a child of tender age a competent witness? What are the requisites of
the law for a child to be qualified? What is the presumption of the law of a child as witness?

Your Answer

3.a) The best evidence rule means that it is deemed to be as the most accurate document that can be
presented to persuade the court and the opposing party that the contents of the document and the
 document itself is real and true. this It is also same to the original document rule wherein it provides
that the original document when produced is the accurate evidence. 

3.b) According to the Rules on Evidence as provided under the Rules of Court, the exception to the
original document rule is when the original document itself is not available to be presented anymore
and also when secondary evidence is allowed herein by the rules. Secondary Evidence as defined by
the Supreme Court, is an evidence that can be used as a substitute to the original document when the
original document is no longer available to be produced. A duplicate of the original document is also
admissible as evidence provided that it is a real counterpart of the original document and the original
document may no longer be presented. 

3.c) Under to the Rules on Evidence as provided under the Rules of Court, Parole Evidence Rule is a
rule in wherein the written agreement between parties containing all the terms that was agreed upon
shall be the accurate evidence to be used, thus, no other evidence shall be presented other than those in
the agreed terms. 

3.d) Under the Rules on Evidence as provided under the Rules of Court, states that a witness is any
person that is sensible enough that can distinguish an event that happened and can provide the
accurate details of the event. Therefore, a child of tender age can be a witness as long as he is able to
follow the aforementioned requirements. A child is presumed to be a competent witness under the law.

4. Question 4

Testimonial privilege exempts a witness from giving testimony disclosing certain part of his
knowledge before a court of law.

4.a) State the rule of parental and filial privilege. What is the "nature” of this right and what kind of
relationship that will allow one to invoke this privilege? Explain.
4.b) State in your own words the hearsay rule. Is it admissible or does it have any evidentiary value
like an affidavit which is under oath and sworn to as to the truth of the statement contain therein.
Explain.
4.c) Explain what an independently relevant statement is it admissible in evidence.
4.d) Explain in your own words what a dying declaration is. Is it admissible in evidence if the
declarant live but remain in comatose or in a "vegetable stage"?

Your Answer

4.a) Under Section 25 On Parental and filial privilege states that No Person may be compelled to
testify against his parents ,other direct ascendant.

The Nature of this is that there will no disqualification by reason of the relationship of the person. but
a filial privilege doesn't mean that the descendant was not incompetent to testify in his or her own
defense. but only a privilege not to testify. Under Art 215 of the Family Code States that. "No
descendant shall be compelled, in a criminal case, to testify against his parents and grandparents,
except when such testimony is indispensable in a crime against the descendant or by on parent against
the other."

This can be invoked in any case against any of his parents, direct descendants, children or direct
ascendants.

4.b) Hearsay rule means that a court must hear from the person/individual in order consider it as
evidence.
 Even if hearsay evidence not objected to is admissible, it has no probative value and as opposed to
direct primary evidence, the latter always prevails.

4.c) Doctrine of independently relevant statements means that independent of whether the facts stated
are true or not, It is admissible in evidence because they are the facts in issue or are circumstantial
evidence of the facts in issue

4.d) A Dying Declaration is a statement of a dying person, made while aware of his impending death,
may be used as evidence of the cause and circumstances of his death in any matter where his death is
under investigation.

Is it not admissible in evidence if the declarant live but remain in comatose or in a "vegetable stage"
because under section 37 states that Dying Declaration is offered in a case wherein the declarant’s
death is the subject of the inquiry. In a case of comatose or in a “vegetable stage” the declarant is still
alive 

5. Question 5

Evidence is referred to as a tool or means recognized by law of ascertaining the truth in a judicial
proceeding.

5.a) What are the matters which under the rules of evidence are deemed established without the
necessity of proof? Can a judge takes judicial notice of facts which he has no personal knowledge or
facts not known to him?
5.b) What is the similarity and difference, if any between commulative and corroborative evidence?
Define "Factum Probandum" and "Factum Probans".
5.c) Is real evidence the same as demonstrative evidence? Explain. What is a self serving evidence, is
it admissible? why?
5.d) Explain what it mean that marital disqualification is an "absolute” disqualification. Is it a
permanent disqualification?

Your Answer

5.a) There are two matters on evidence which are deemed to be established without the necessity of
proof which are collateral matters and judicial notice. First, that matters of Judicial Notice It is not
essential that it be actually known to the judge. Second, The judge on his own discretion, inform
himself in any way which may seem best to him, and act accordingly.

5.b.) The Similarities of a Cumulative evidence and Corroborative evidence are that both evidences
introduced in court to the same point.
The difference is that Corroborative evidence when verifying details and to tends to support
proposition, this will support the testimony of a previous witness. thus, the judge has the right to
restrict cumulative evidence. While Cumulative evidence only repeats evidence previously introduced
at a trial.
Factum Probandum is an ultimate fact or the fact sought to be established. It refers to the proposition
Factum Probans is the evidentiary fact or the fact by which the factum probandum is to be established.
It refers to the materials which established the proposition. 

5.c) Real evidence is NOT the same as demonstrative evidence. Real evidence means that a material
object that plays direct part in the incident and the court may acquire knowledge thereof by actually
viewing the object
Demonstrative evidence referring to the to exhibits used to illustrate or clarify oral testimony. While,
It can be computer-generated animations, simulations, videos, etc. Self-serving evidence is held by
courts as inadmissible evidence if there is no evidentiary value. 

5.d) Marital disqualification means that if an absolute disqualification when the spouse testifies to any
fact affecting his or her spouse but the fact may be acquired. It is presumed that any information
received during the marriage is confidential and even if not confidential, the spouse may still invoke
the marriage disqualification stated under Sec 22 of this rule which is an absolute disqualification.

Marital Disqualifications are not a permanent disqualification. Because the 3 instances mentioned as
exceptions to the rule on disqualification:
(1) When the testimony was made outside the marriage
(2) In a civil case by one spouse against another and
(3) In a criminal case for a crime committed by one spouse against the other or the latter’s direct
descendants or ascendants.