Political Constitution of the Philippines Volume 2

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Questions and Answers

What type of statement is considered hearsay?

A written assertion intended as evidence

A statement made by the declarant while testifying

A statement made in court by the declarant

An oral statement made outside the court (correct)

Under what condition is a statement not considered hearsay?

If the declarant is subject to cross-examination (correct)

If it is made in written form

If the declarant is unavailable for cross-examination

If it is not relevant to the case

Which of the following can be proven by similar acts as evidence?

A specific intent or knowledge (correct)

General character of the accused

The innocence of the accused

The defendant's prior criminal record

What does an unaccepted written offer equate to if rejected without valid cause?

Actual production and tender of the offered item Signup and view all the answers

Which of the following statements reflects a characteristic of hearsay evidence?

It is admissible unless specifically exempted by rules Signup and view all the answers

What is required for a statement to be considered non-hearsay regarding identification?

The identification should occur after perceiving the individual Signup and view all the answers

For what purpose can evidence of prior conduct generally not be used?

To establish a person's character in court Signup and view all the answers

Which scenario qualifies as hearsay under the defined rules?

A written letter detailing an event submitted by a third party Signup and view all the answers

What type of evidence is excluded if it consists of extra-judicial confessions that were coerced?

Confessions Signup and view all the answers

Which of the following is an example of 'real evidence'?

A weapon used in a crime Signup and view all the answers

When is secondary evidence excluded according to rules of evidence?

When the original evidence is available Signup and view all the answers

Which of the following is NOT an example of privileged communication?

Statements made during a public hearing Signup and view all the answers

What kind of observations can be made during ocular inspections outside the courtroom?

Photographs and sketches of scenes Signup and view all the answers

What must happen for an extra-judicial confession to be admissible as evidence?

The confessant must be informed of their rights Signup and view all the answers

What type of evidence involves demonstrations or re-enactments during a trial?

Real evidence Signup and view all the answers

Which of the following statements about hearsay evidence is false?

Hearsay evidence is based on someone's personal observation. Signup and view all the answers

What must a matter possess for a court to take judicial notice of it?

It must be one of common and general knowledge. Signup and view all the answers

Which of the following is NOT a condition under which a court may take judicial notice?

The matter must be uncertain or doubtful. Signup and view all the answers

When is a court required to hear parties on the propriety of taking judicial notice?

During pre-trial or trial when the matter is decisive of a material issue. Signup and view all the answers

What is the principal guide for determining what facts may be assumed to be judicially known?

The notoriety of the facts. Signup and view all the answers

Which of the following is a risk associated with taking judicial notice?

Caution must be exercised and doubts resolved in the negative. Signup and view all the answers

What can a court use as a basis for taking judicial notice?

Matters evidenced by public records. Signup and view all the answers

What is the role of discretion in the practice of judicial notice?

Discretion allows courts to carefully evaluate the notoriety of facts. Signup and view all the answers

Which of these categories does NOT typically include matters that can be judicially noticed?

Private conversations between parties. Signup and view all the answers

Which of the following is considered a public document?

Documents acknowledged before a notary public Signup and view all the answers

What must be proved before a private document can be accepted as authentic?

Evidence of its execution and authenticity must be provided Signup and view all the answers

Under what condition is additional evidence of authenticity not required for a private document?

When it is more than 30 years old and unblemished Signup and view all the answers

How can the genuineness of a person's handwriting be proved?

By anyone who has seen the person write Signup and view all the answers

Which statement accurately reflects the definition of public records?

They are kept in the Philippines and include required private documents. Signup and view all the answers

What can happen if the evidence of authenticity for a private document is inadequate?

The document may be rejected as evidence. Signup and view all the answers

What type of documents are required to be entered into public records?

Certain private documents specified by law Signup and view all the answers

What must occur for a witness to be considered unwilling or hostile?

The court must declare them so upon adequate showing of adverse interest. Signup and view all the answers

What type of evidence cannot be used to impeach a witness who is classified as unwilling or hostile?

Evidence of the witness's bad character. Signup and view all the answers

When can a witness be impeached based on inconsistent statements?

Only if the circumstances and persons present are established. Signup and view all the answers

Which of the following individuals can be excluded from witnessing other testimonies?

A lawyer representing one of the parties. Signup and view all the answers

What is required before a witness can be cross-examined by the adverse party?

The cross-examination must focus only on the examination-in-chief's subject matter. Signup and view all the answers

Which of the following is a valid reason for witness exclusion?

The witness is sought to be protected from hearing other testimonies. Signup and view all the answers

What is the role of the court regarding witness exclusion?

The court can order witness exclusion automatically or upon motion. Signup and view all the answers

If a witness has made inconsistent statements, which condition must be fulfilled for those statements to be used for impeachment?

The witness must be provided with context surrounding those statements. Signup and view all the answers

Study Notes

Judicial Notice

Courts may take judicial notice of matters that are common knowledge or easily demonstrated.
Judicial notice requires a hearing if necessary, especially if it influences a material issue in a case.
Three key requisites for judicial notice:
- Must be a matter of general knowledge.
- Should be well-settled, avoid uncertainty.
- Must fall within the court's jurisdiction.

Exclusion of Evidence

Exclusion rules apply to:
- Secondary evidence when the original is available.
- Hearsay evidence, which is typically inadmissible.
- Privileged communications.

Object (Real) Evidence

Physical objects can serve as evidence if relevant to the case.
Categories of real evidence:
- Exhibited to the court during trial (e.g., weapons, clothing).
- Inspected outside the courtroom (ocular inspections) for context.

Previous Conduct as Evidence

Evidence of similar past behavior is generally inadmissible to prove current behavior but can indicate intent or identity.
Unaccepted offers in writing may be treated as equivalent to actual production if rejected without cause.

Hearsay Evidence

Defined as statements made outside of the current testimony, offered for truth verification.
Exceptions to hearsay include:
- Testimony at trial subject to cross-examination.
- Statements inconsistent with prior testimony given under oath.
- Identification made after perception.

Impeachment of Witnesses

Witnesses can be declared unwilling or hostile if shown to have adverse interests or unjustified reluctance.
Such witnesses can be cross-examined similarly to adverse parties.
Evidence of prior inconsistent statements can be used for impeachment only if the witness is presented with them and given a chance to explain.

Witness Exclusion

Courts may exclude witnesses to prevent them from hearing others' testimonies.
Exclusion does not apply to parties in the case, essential representatives, or those authorized to be present.

Public Documentation

Public documents include written acts of authority, acknowledged documents, and records required by law.
Private documents must show authenticity through various means:
- Witness testimony on execution.
- Verification of signature authenticity.
A private document over 30 years old can be accepted without additional proof if its condition suggests genuineness.

Genuineness of Handwriting

Handwriting authenticity can be established by someone who knows the person's writing through direct observation or prior interactions.

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Description

Explore the intricacies of the political constitution and historical context of the Philippines through this quiz. Delve into various official acts and the broader implications of legislative, executive, and judicial departments of the Philippine National Government.