General Provisions of Evidence
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Questions and Answers

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?

  • Article 2216
  • Article 1403 (correct)
  • Article 2199
  • Article 1206

    • 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?

    <p>Actual or compensatory damages</p> Signup and view all the answers

    What does Article 2216 state regarding the proof required for certain types of damages?

    <p>Moral, nominal, temperate, liquidated, or exemplary damages may be adjudicated without proof of pecuniary loss.</p> Signup and view all the answers

    Which of the following statements about evidence is true?

    <p>Evidence is sanctioned by the Rules but is not limited to them.</p> Signup and view all the answers

    What specific evidence is required for a conviction of treason according to Article 114 of the Revised Penal Code?

    <p>Both a confession and plurality of witnesses</p> Signup and view all the answers

    According to Article 805 of the Civil Code, how many witnesses are required to attest a notarial will?

    <p>Three or more credible witnesses</p> Signup and view all the answers

    What is the concept of admission under Rule 129 Section 4?

    <p>Admissions made during judicial proceedings no longer need to be proved</p> Signup and view all the answers

    What must occur for authentication of an actionable document to be dispensed with under Rule 132?

    <p>The party does not deny the genuineness and due execution</p> Signup and view all the answers

    What is the main requirement for the conviction of treason aside from evidence as stated in Article 114?

    <p>Evidence must meet specific requirements of particularity or plurality</p> Signup and view all the answers

    What aspect of notarial wills does Article 805 emphasize?

    <p>The number and credibility of witnesses required</p> Signup and view all the answers

    What occurs if the concept of authentication is invoked but denied under Rule 132?

    <p>The authenticity must still be proven</p> Signup and view all the answers

    What type of evidence satisfies the required plurality for a conviction of treason?

    <p>Testimonial evidence from at least two witnesses</p> Signup and view all the answers

    What is one of the key characteristics of an administrative tribunal?

    <p>It may resolve cases without regard to technicalities.</p> Signup and view all the answers

    In the context of administrative tribunals, decisions are based primarily on which of the following?

    <p>Justice, equity, and case merits.</p> Signup and view all the answers

    What does the term 'substantial merits of the case' refer to in administrative tribunal decisions?

    <p>The core issues and fairness involved in the matter.</p> Signup and view all the answers

    Which of the following is NOT a requirement for administrative tribunals when resolving cases?

    <p>Following strict legal forms and procedures.</p> Signup and view all the answers

    How are administrative tribunals described in their decision-making process?

    <p>They allow discretion to act based on case outcomes.</p> Signup and view all the answers

    What is the primary limitation for administrative tribunals when making decisions?

    <p>They are not bound by technical rules of evidence.</p> Signup and view all the answers

    What characterizes positive or affirmative evidence?

    <p>It supports the existence of a fact.</p> Signup and view all the answers

    What is a key feature of negative evidence?

    <p>It indicates the absence of any evidence.</p> Signup and view all the answers

    Which type of evidence is considered material evidence?

    <p>Evidence that is related to a relevant issue.</p> Signup and view all the answers

    Why is testimonial evidence considered easy to fabricate?

    <p>It relies solely on personal accounts.</p> Signup and view all the answers

    Which statement accurately distinguishes testimonial evidence from documentary evidence?

    <p>Testimonial evidence is open to personal bias.</p> Signup and view all the answers

    In the context of evidence, what does it mean when information is 'material'?

    <p>It is capable of influencing the outcome of a case.</p> Signup and view all the answers

    What must be obtained for evidence obtained from a private conversation to be admissible?

    <p>The consent of all parties involved</p> Signup and view all the answers

    Under which circumstance is wiretapping exempt from the Anti-Wiretapping Act?

    <p>If authorized by a written court order for specific crimes</p> Signup and view all the answers

    Which of the following is NOT a crime mentioned that allows for authorized wiretapping?

    <p>Minor theft</p> Signup and view all the answers

    What happens to evidence obtained in violation of the Anti-Wiretapping Act?

    <p>It shall not be admissible in any legal proceedings</p> Signup and view all the answers

    When is consent NOT required for recorded communication?

    <p>If it is intended for an audience</p> Signup and view all the answers

    Which of the following groups is mentioned in relation to authorized wiretapping?

    <p>Judicially declared outlawed terrorist organizations</p> Signup and view all the answers

    What is a violation of the Anti-Wiretapping Act described as?

    <p>Secretly recording conversations without agreement</p> Signup and view all the answers

    Which legal body is explicitly mentioned as having the authority to authorize wiretapping?

    <p>The Court of Appeals</p> Signup and view all the answers

    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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    Related Documents

    Rule 128 Chapter Summary.docx

    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.

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