Legal Evidence Overview
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Questions and Answers

Which act involves the application of extreme heat or chemicals to cause pain?

  • Psychological manipulation
  • Electric torture
  • Mutilation
  • Cigarette burning (correct)

What method involves subjecting a person to suffocation using a plastic bag?

  • Waterboarding
  • Asphyxiation (correct)
  • Chemical restraint
  • Thermal exposure

Which of the following acts directly alters a person's cognitive abilities?

  • Psychoactive drug administration (correct)
  • Severe exposure to elements
  • Extreme temperature exposure
  • Physical restraint

Which form of torture involves forced bodily positioning?

<p>Fixed bodily position (C)</p> Signup and view all the answers

What is a method of torture that involves severe physical pain through removal?

<p>Extraction of teeth (B)</p> Signup and view all the answers

What can a party present evidence for in relation to a written agreement?

<p>To explain intrinsic ambiguity or mistake (C)</p> Signup and view all the answers

Which circumstance allows one spouse to testify against the other?

<p>For a crime committed by one against the other (B)</p> Signup and view all the answers

Which of the following is a disqualification by reason of marriage?

<p>Making statements without the other spouse's consent (A)</p> Signup and view all the answers

What is a witness defined as in the legal context?

<p>A person who makes a statement to a judicial tribunal (C)</p> Signup and view all the answers

Which of the following does not disqualify a witness?

<p>Relationship to one of the parties (A)</p> Signup and view all the answers

What constitutes intrinsic ambiguity in a written agreement?

<p>Vague phrasing that can lead to multiple meanings (D)</p> Signup and view all the answers

Under which condition can privileged communication not be revealed in court?

<p>If it was received in confidence (A)</p> Signup and view all the answers

What is required for a witness to be legally competent?

<p>Must be able to perceive and communicate (D)</p> Signup and view all the answers

What type of jurisdiction allows a court to hear cases for the first time?

<p>Original (C)</p> Signup and view all the answers

Which jurisdiction means that any of two or more courts can take cognizance of a case?

<p>Concurrent (B)</p> Signup and view all the answers

What is the highest court in the land?

<p>Supreme Court (A)</p> Signup and view all the answers

Which of the following is not a kind of jurisdiction outlined?

<p>Federal (B)</p> Signup and view all the answers

Which of the following is NOT considered an act of mental/psychological torture?

<p>Providing legal counsel (C)</p> Signup and view all the answers

In what type of jurisdiction does a court have authority over a few specified cases?

<p>Limited (A)</p> Signup and view all the answers

What is the maximum amount of compensation that can be claimed for torture-related injuries?

<p>₱10,000 one-time payment (B)</p> Signup and view all the answers

Which court reviews decisions made by Regional Trial Courts?

<p>Court of Appeals (B)</p> Signup and view all the answers

Which of the following acts can result in the penalty of reclusion perpetua?

<p>Torture resulting in death (B)</p> Signup and view all the answers

Which act is NOT associated with causing mental/psychological torture?

<p>Providing recreational activities (B)</p> Signup and view all the answers

Which type of jurisdiction is characterized by the court’s power to decide all disputes except those assigned to other courts?

<p>General (D)</p> Signup and view all the answers

How many Associate Justices are part of the Supreme Court?

<p>14 (C)</p> Signup and view all the answers

What is a potential psychological effect of torture mentioned in the content?

<p>Insanity (C)</p> Signup and view all the answers

Which act would be classified as an analogous act of mental/psychological torture?

<p>Denial of sleep (B)</p> Signup and view all the answers

Which of the following is a method of inflicting shame noted in acts of torture?

<p>Stripping naked (A)</p> Signup and view all the answers

Which condition is NOT eligible for compensation under the specified guidelines?

<p>Suffering emotional distress (A)</p> Signup and view all the answers

What is the primary role of law enforcement agencies such as the Philippine National Police?

<p>To investigate, make arrests, and prepare evidence against suspects (D)</p> Signup and view all the answers

Which law established the Philippine National Police?

<p>RA 6975 (B)</p> Signup and view all the answers

What is one of the powers of the Philippine National Police?

<p>To enforce laws and ordinances concerning public safety (A)</p> Signup and view all the answers

What characterizes the organizational structure of the Philippine National Police?

<p>National in scope and civilian in character (A)</p> Signup and view all the answers

Which of the following is NOT a function of the Philippine National Police?

<p>To deliver public healthcare services (A)</p> Signup and view all the answers

What does RA 8551 address regarding the Philippine National Police?

<p>Reform and reorganization of the police force (D)</p> Signup and view all the answers

How does the Philippine National Police assist in the justice process?

<p>By making arrests and assisting in prosecution (A)</p> Signup and view all the answers

Which agency provides the administrative control and operational supervision for the Philippine National Police?

<p>National Police Commission (C)</p> Signup and view all the answers

What type of jurisdiction does the Sandiganbayan have over criminal cases?

<p>Original exclusive jurisdiction over public officers with salary grade 27 and above (B)</p> Signup and view all the answers

Which of the following is a function of the Court of Tax Appeals (CTA)?

<p>Exercise jurisdiction over civil and criminal tax cases (B)</p> Signup and view all the answers

What is the maximum imprisonment for offenses under the original jurisdiction of Municipal Trial Courts?

<p>Six years and one day (D)</p> Signup and view all the answers

How many justices are there in the Court of Tax Appeals?

<p>Five (B)</p> Signup and view all the answers

Which courts handle appeals from cases decided by the Municipal Trial Courts?

<p>Court of Appeals (B)</p> Signup and view all the answers

What special function do Shari'a Courts serve in the Philippine legal system?

<p>Adjudicate Muslim personal laws (B)</p> Signup and view all the answers

Which type of cases does the Sandiganbayan specifically deal with?

<p>Graft and corruption cases (D)</p> Signup and view all the answers

What is the structure of the Sandiganbayan in terms of judicial members?

<p>A Presiding Justice and fourteen Associate Justices (D)</p> Signup and view all the answers

Flashcards

General Jurisdiction (Criminal Cases)

Power to hear most criminal cases, including those punishable by more than six years in prison.

Appellate Jurisdiction (over lower courts)

Authority to review decisions of lower courts (e.g., MTC, MeTC), but not the original trial.

Municipal Courts (MTC/MTCC/MCTC/MeTC)

Handle local ordinance violations and lesser criminal offenses (<6 years imprisonment), and property damage cases.

Sandiganbayan

Special court addressing corruption and graft cases involving high-ranking officials (salary grade 27 and above).

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Court of Tax Appeals (CTA)

Handles civil and criminal tax cases related to national and local tax codes. It reviews tax rulings.

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Shari'a Courts

Based on Islamic law; specifically addressing family/personal laws among Muslims.

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Jurisdiction

The legal authority of a court to hear a particular case.

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Modifying Written Agreements

A party can present evidence to change, explain, or add to a written agreement if certain issues are raised in a verified pleading.

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Intrinsic Ambiguity

A hidden uncertainty or unclear meaning within a written agreement.

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Mistake or Imperfection

A flaw or error in a written agreement that can be corrected.

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True Intent of Parties

The actual agreement desired by those involved, which may differ from the written words.

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Validity of the Agreement

The legality and enforceability of the written agreement.

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Additional Terms After Signing

Agreements made after the initial contract is signed, potentially changing the terms.

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Witness

A person who provides a statement about facts in a court of law.

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Witness Qualifications

Ability to perceive and communicate observations.

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Witness Competency

Legal ability to be heard in court.

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Witness Disqualification (Exceptions)

Beliefs (religious or political), or interest in a case, generally do not disqualify.

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Marital Disqualification Rule

Spouses generally cannot testify against each other without consent.

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Exceptions to Spousal Disqualification

Exceptions exist in civil cases between spouses, or criminal cases involving harm to the spouse or family members.

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Privileged Communication

Confidential information exchanged between individuals due to trust or relationship.

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Philippine National Police (PNP)

A national law enforcement agency in the Philippines under the Department of the Interior and Local Government (DILG).

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First Pillar of the Criminal Justice System (CJS)

Law enforcement, primarily the PNP, is the initial stage in responding to a crime or potential crime.

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Powers and Functions of the PNP

Includes enforcing laws, maintaining order, investigating crimes, arresting offenders, ensuring public safety, and gathering evidence.

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RA 6975

The Department of the Interior and Local Government Act of 1990.

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RA 8551

The PNP Reform and Reorganization Act of 1998.

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RA 9708

An Act extending the reglementary period for PNP educational qualifications and adjusting the promotion system.

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Investigation (in the CJS)

The process of gathering information and evidence about a crime or potential crime.

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Arrest of suspects

The act of taking a suspected criminal into custody by law enforcement.

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Crime prevention

Measures taken to reduce incidents of crime within a community.

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Public safety

The protection of citizens from harm, including crime or other dangers.

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Court Jurisdiction

The legal authority of a court to hear and decide a specific case.

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General Jurisdiction

A court's power to hear most cases except specific cases assigned to other courts.

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Limited Jurisdiction

A court's power to hear limited types of cases.

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Original Jurisdiction

The power of a court to hear a case for the first time.

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Appellate Jurisdiction

The power of a court to review decisions of a lower court.

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Exclusive Jurisdiction

Only a specific court can hear specific types of cases.

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Concurrent Jurisdiction

When any of several courts can hear a case.

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Supreme Court (SC)

Highest court in the land; reviews appeals from lower courts and has judicial review power.

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Court of Appeals (CA)

Reviews decisions from lower trial courts, including tax cases.

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Regional Trial Courts (RTC)

Lower courts that handle many trial cases.

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Methods of Torture (Cigarette Burn)

Methods of torture include burning with cigarettes, heated rods, hot oil, acid, pepper, or other chemicals on mucous membranes, or direct application of acids or spice on wounds.

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Water Torture

Torture involving submersion of the head in water, possibly contaminated with bodily fluids (excrement, urine, vomit, blood), until the brink of suffocation.

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Stressful Bodily Positions

Torture method involving being tied or forced into fixed, stressful bodily positions.

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Sexual Abuse

Includes rape, sexual assault, insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals.

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Mutilation

Torture involving the mutilation or amputation of essential body parts (e.g., genitalia, ears, tongue).

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Dental Torture

Torture involving the forced extraction of teeth.

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Fingernail Pulling

Torture involving the pulling out of fingernails.

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Harmful Environmental Exposure

Exposure to harmful elements like sunlight and extreme cold.

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Head Covering (suffocation)

Torture that involves use of plastic bags or other materials over the head to cause asphyxiation.

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Psychoactive Drugs

Use of drugs to alter mental state, perception, memory, alertness, or will; includes inducing confessions or reducing mental competency; or causing extreme pain or disease-like symptoms.

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Other Analogous Torture Acts

Other acts of torture comparable to the examples provided.

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Mental/Psychological Torture

Acts by authority figures intended to affect the mind, undermine dignity, and morale, including blindfolding, threats, solitary confinement, and prolonged interrogation.

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Blindfolding

Forcefully covering a person's eyes to restrict their ability to see and potentially cause distress or anxiety.

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Threat

A statement expressing an intention to inflict harm on someone if certain conditions are not met.

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Solitary Confinement

Keeping someone isolated from other people, potentially causing mental anguish and distress.

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Prolonged Interrogation

Lengthy questioning that is meant to extract information as well as cause stress and distress.

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Show Trial

A trial that is intended to make a statement or create a public perception of guilt, and not concerned with factual accuracy.

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Unscheduled Transfer

A transfer of a detained person to a different location without prior notice, often creating the fear of imminent harm or execution.

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Maltreatment of Family

Abuse or harm directed towards a person's family members or loved ones for the purpose of harming the subject.

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Denial of Sleep

Depriving someone of necessary rest and sleep.

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Shame Infliction

Acts designed to humiliate or shame an individual, such as stripping them, parading them, or marking their bodies.

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Prohibiting Family Communication

Restricting a person's contact with their family.

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Torture resulting in death

Torture that ultimately leads to causing the death of another person.

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Torture resulting in Mutilation

Torture that results in harm to the person, that is permanent and cannot be fixed.

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Torture with rape

Torture that includes the act of rape.

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Torture with other forms of sexual abuse

Torture that comprises sexual maltreatment in addition to other acts of torture.

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Torture of children

Torture inflicted upon a child.

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Compensation for Torture Victims

Financial aid for victims of torture, with limits on the maximum amount based on the severity of the harm and expenses incurred.

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Study Notes

Evidence

  • Evidence is the means sanctioned by law to determine truth in a legal proceeding.
  • Factum probandum is the ultimate fact to be proved.
  • Factum probans is the evidentiary fact used to prove the ultimate fact.
  • Evidence can be classified as object/real/autoptic/physical/tangible, testimonial, and documentary.
  • Object evidence is shown or exhibited in court.
  • Testimonial evidence is a witness's oral or written testimony.
  • Relevant evidence has a reasonable tendency to prove a matter in dispute.
  • Material evidence is relevant to the case at hand.
  • Competent evidence is not explicitly excluded by rules or the constitution.
  • Direct evidence proves the fact directly without inference.
  • Circumstantial evidence uses facts to infer the existence of a fact in dispute.
  • Cumulative evidence is of the same kind and to the same point.
  • Corroborative evidence is different but supports another fact.
  • Expert evidence comes from a person with specialized, non-ordinary knowledge.
  • Primary evidence is the best available; secondary evidence is used when primary is not available.
  • Positive evidence affirms a fact's occurrence; negative evidence denies a fact's occurrence.
  • Documentary evidence contains letters, words, numbers, symbols for proof of their contents (electronic is included).
  • Exculpatory evidence excuses an action; inculpatory evidence incriminates a person.
  • Evidence is admissible if it's relevant to the issue and not excluded by law.
  • Judicial notice is acceptance of facts without proof because they are well-known.
  • Mandatory judicial notice covers entities like states, political history, laws of nature, and geographic divisions.

Judicial Notice, Discretionary

  • Discretionary judicial notice covers matters of public knowledge, unquestionable demonstration, or knowledge naturally possessed by judges.

Best Evidence Rule (Original Document Rule)

  • The original document, writing, recording, photograph, or other record is best evidence in inquiries of content.
  • Exceptions include original loss/destruction, custody of opposing party, numerous records, public records, and if not essential.

Parol Evidence Rule

  • When an agreement is written, extrinsic evidence cannot contradict or add to the written terms.
  • Exceptions include ambiguities or inconsistencies in the written document, failure to express true intent, or terms agreed to after the contract was signed.

Witness

  • Witnesses must perceive and describe their perceptions.
  • Competency is the legal fitness to be a witness.
  • Relevant factors include capacity to perceive/relate.
  • Religious or political beliefs, or conviction of crimes are not factors that disqualify a witness.
  • Spouses are forbidden from testifying against each other unless in civil cases between them, or in criminal cases for offenses by one against the other.

Privileged Communication

  • Confidential communications from a trusted relationship are confidential and not revealed in court.
  • Examples include attorney-client, physician-patient, minister-penitent.

Admissions and Confessions

  • Admissions are statements acknowledging a fact, but not necessarily guilt.
  • Confessions acknowledge guilt of a crime.

Dying Declarations

  • Statements made by those believing their death is imminent are admissible in cases of death investigation.

Interlocking Confessions

  • Confessions by multiple individuals consistent with each other may enhance credibility.

Hearsay

  • Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted, it is generally inadmissible unless an exception applies.

Other Evidence Rules and Categories

  • Includes hearsay rules, types of confessions, impeachment of witnesses, and document rules.

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Description

This quiz explores the various kinds of evidence used in legal proceedings. It covers essential terms like factum probandum and factum probans, and distinctions between different types of evidence such as testimonial, physical, and circumstantial. Brush up on your legal knowledge and understand how evidence impacts the pursuit of truth in court.

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