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Questions and Answers
What is the definition of evidence according to Rule 128?
What is the definition of evidence according to Rule 128?
- Any form of knowledge presented in court to support a claim.
- A collection of legal documents used to establish facts in litigation.
- The means sanctioned by the Rules to ascertain truth in matters of law.
- The means, sanctioned by the Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (correct)
Which article of the Civil Code is referenced as the Statute of Frauds?
Which article of the Civil Code is referenced as the Statute of Frauds?
- Article 2216
- Article 1403 (correct)
- Article 2199
- Article 1206
What limitation does the Statute of Frauds impose?
What limitation does the Statute of Frauds impose?
- It limits the ability to prove an agreement if it is not documented. (correct)
- It requires all contracts to be verbally acknowledged.
- It prohibits the use of witness testimonies in legal matters.
- It allows any form of evidence regardless of its nature.
According to Article 2199, what type of damages requires proof of pecuniary loss?
According to Article 2199, what type of damages requires proof of pecuniary loss?
What does Article 2216 state regarding the proof required for certain types of damages?
What does Article 2216 state regarding the proof required for certain types of damages?
Which of the following statements about evidence is true?
Which of the following statements about evidence is true?
What specific evidence is required for a conviction of treason according to Article 114 of the Revised Penal Code?
What specific evidence is required for a conviction of treason according to Article 114 of the Revised Penal Code?
According to Article 805 of the Civil Code, how many witnesses are required to attest a notarial will?
According to Article 805 of the Civil Code, how many witnesses are required to attest a notarial will?
What is the concept of admission under Rule 129 Section 4?
What is the concept of admission under Rule 129 Section 4?
What must occur for authentication of an actionable document to be dispensed with under Rule 132?
What must occur for authentication of an actionable document to be dispensed with under Rule 132?
What is the main requirement for the conviction of treason aside from evidence as stated in Article 114?
What is the main requirement for the conviction of treason aside from evidence as stated in Article 114?
What aspect of notarial wills does Article 805 emphasize?
What aspect of notarial wills does Article 805 emphasize?
What occurs if the concept of authentication is invoked but denied under Rule 132?
What occurs if the concept of authentication is invoked but denied under Rule 132?
What type of evidence satisfies the required plurality for a conviction of treason?
What type of evidence satisfies the required plurality for a conviction of treason?
What is one of the key characteristics of an administrative tribunal?
What is one of the key characteristics of an administrative tribunal?
In the context of administrative tribunals, decisions are based primarily on which of the following?
In the context of administrative tribunals, decisions are based primarily on which of the following?
What does the term 'substantial merits of the case' refer to in administrative tribunal decisions?
What does the term 'substantial merits of the case' refer to in administrative tribunal decisions?
Which of the following is NOT a requirement for administrative tribunals when resolving cases?
Which of the following is NOT a requirement for administrative tribunals when resolving cases?
How are administrative tribunals described in their decision-making process?
How are administrative tribunals described in their decision-making process?
What is the primary limitation for administrative tribunals when making decisions?
What is the primary limitation for administrative tribunals when making decisions?
What characterizes positive or affirmative evidence?
What characterizes positive or affirmative evidence?
What is a key feature of negative evidence?
What is a key feature of negative evidence?
Which type of evidence is considered material evidence?
Which type of evidence is considered material evidence?
Why is testimonial evidence considered easy to fabricate?
Why is testimonial evidence considered easy to fabricate?
Which statement accurately distinguishes testimonial evidence from documentary evidence?
Which statement accurately distinguishes testimonial evidence from documentary evidence?
In the context of evidence, what does it mean when information is 'material'?
In the context of evidence, what does it mean when information is 'material'?
What must be obtained for evidence obtained from a private conversation to be admissible?
What must be obtained for evidence obtained from a private conversation to be admissible?
Under which circumstance is wiretapping exempt from the Anti-Wiretapping Act?
Under which circumstance is wiretapping exempt from the Anti-Wiretapping Act?
Which of the following is NOT a crime mentioned that allows for authorized wiretapping?
Which of the following is NOT a crime mentioned that allows for authorized wiretapping?
What happens to evidence obtained in violation of the Anti-Wiretapping Act?
What happens to evidence obtained in violation of the Anti-Wiretapping Act?
When is consent NOT required for recorded communication?
When is consent NOT required for recorded communication?
Which of the following groups is mentioned in relation to authorized wiretapping?
Which of the following groups is mentioned in relation to authorized wiretapping?
What is a violation of the Anti-Wiretapping Act described as?
What is a violation of the Anti-Wiretapping Act described as?
Which legal body is explicitly mentioned as having the authority to authorize wiretapping?
Which legal body is explicitly mentioned as having the authority to authorize wiretapping?
Study Notes
General Provisions of Evidence
- Evidence is defined as sanctioned means of ascertaining truth in judicial proceedings regarding facts.
- While evidence is governed by rules, it is not solely confined to them and can arise from various legal sources.
Types of Relevant Laws
-
Statute of Frauds (Article 1403(2) of the Civil Code):
- Requires written evidence for enforcing agreements to prevent cases of fraud.
-
Article 2199:
- Pertains to the requirement of proving compensatory damages tied to actual pecuniary loss.
-
Revised Penal Code (Article 114, para 2):
- Conviction for treason demands particular evidence: a confession in open court or testimonial evidence from at least two witnesses.
-
Notarial Will Requirement (Article 805 of the Civil Code):
- A notarial will must be attested by three credible witnesses in the presence of the testator.
-
Rules of Civil Procedure (Rule 8, Section 8):
- Discusses admissions (Rule 129, Section 4) and authentication (Rule 132) of documents where admissions negate the need for proof.
Administrative Tribunal Approach
- Administrative tribunals focus on justice and equity over technicalities.
- They may resolve cases without strict adherence to traditional legal rules of evidence.
Classes of Evidence
-
Positive (Affirmative) Evidence:
- Witness confirms a fact either did or did not occur.
-
Negative Evidence:
- Witness cannot confirm the occurrence or non-occurrence of a particular fact.
-
Material Evidence:
- Pertains to issues at hand and is relevant for decision-making.
Evidence Exclusions
-
Anti-Wiretapping Act (RA No. 4200):
- Prohibits unauthorized interception of private communications; any evidence gathered violates this act is inadmissible in legal proceedings.
-
Consent Requirement:
- Consent from involved parties is mandatory unless statements aren’t private or meant for an audience.
Exceptions to the Anti-Wiretapping Act
- Wiretapping may be sanctioned for serious crimes like treason, rebellion, or terrorism with court authorization.
- Law enforcement can also obtain consent for surveillance of communications among outlawed organizations under judicial orders.
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Description
This quiz explores the general provisions of evidence and the relevant laws governing them. It covers key statutes, such as the Statute of Frauds and specific articles from the Civil Code and Penal Code. Test your understanding of the foundational principles and requirements for different types of evidence in judicial proceedings.
