Basic Principles on Evidence

  • When evidence is obtained in violation of the Constitution, what shall it become?
  • What is the “fruit of the poisonous tree?”
  • What are unreasonable search and seizures?
  • When can a search and seizure be valid?
  • When can warrantless arrest be effected?
  • Is raw intelligence a ground for a warrantless arrest?
  • What do you call of the Rules that exclude certain kinds of evidence?
  • What are exclusionary rules under the Constitution?
  • What are exclusionary rules under the Constitution?
  • What are the 4 rights protected by the Constitution?
  • Is a confession by a person detained abroad without the assistance of counsel admissible?
  • What are the main rights of a person under investigation under Art. III Sec. 12?
  • What is evidence?
  • What is the “truth” in evidence?
  • When is evidence admissible?
  • When is an evidence relevant?
  • What are the 2 kinds of facts in relation to relevance?
  • What are the grounds for objection in relation to evidence?
  • What are cases or matters that need not be proved with evidence?
  • What is judicial notice?
  • What are the types of judicial notice?
  • What are judicial admissions?
  • Give examples when the law presumes a fact.
  • What is the effect of presumption in civil proceedings?
  • What is the effect of presumption in criminal proceedings?
  • What are the 3 kinds of admissible evidence?
  • What is an object evidence?
  • What is a documentary evidence?
  • When the subject of inquiry is the contents of a document, what is admissible?
  • What are exceptions to the original document rule? (secondary evidence may be allowed)
  • What is an “original”?
  • What is not an “original document”?
  • What is an “duplicate”?
  • When is a duplicate admissible?
  • Why is it no longer called “best evidence”?
  • What are examples of “original documents”?
  • What is not an example of an original document?
  • What are the purposes of “original document rule.”
  • What if the originals are not available?
  • Can “original document” rule be waived?
  • What is secondary (documentary) evidence?
  • What is the rule on secondary evidence?
  • What is the rule on secondary evidence?
  • How can secondary evidence be admitted?
  • When examining the original will result in a great loss of time.
  • When original document is a public record.
  • What is the order of presenting secondary evidence?
  • What are examples of secondary evidence?
  • What if the contents of documents et al are voluminous which will result to great loss of time when examined, how shall the contents of the evidence be presented?
  • What if the original document is a public record, how shall the evidence be admissible?
  • When an agreement is reduced into writing, what is deemed of the other terms?
  • When may a party present parol evidence?
  • How shall documents be interpreted?
  • How to interpret if there are other provisions?
  • How is the intention of the parties be used for interpretation?
  • Written vs. Printed Words, what prevails?
  • If printed document is difficult to be deciphered, or language is not understood by the court, what will be admissible?
  • How should these be interpreted:
  • Who can be a witness?
  • What should not serve as grounds for disqualification as a witness?
  • To what specific area should the testimony of a witness be confined in?
  • Can spouses testify against each other?
  • What are privileged communications?
  • What are examples of privileged communications?
  • What are examples of privileged communications?
  • What are examples of privileged communications?
  • What if the privileged communication was obtained by a third person?
  • Distinguish admission vs. confession
  • How should an offer of compromise be considered? And when is it admissible?
  • How about in criminal cases?
  • If the accused offers a plea of guilty to a lesser offense, and is not accepted by the prosecutor, or makes a plea of guilty and later withdrew, are they admissible in evidence against the accused?
  • Is offer to pay or payment of hospital bills occasioned by an injury proof of civil or criminal liability?
  • Can the rights of a party be prejudiced by an act, declaration of another?
  • When can an act or declaration of a partner/agent be given in evidence against another partner?
  • When can an act or declaration of a conspirator be given in evidence against a co-conspirator?
  • When can silence be held against the person who says nothing?
  • How can similar historical acts be admitted as evidence?
  • What is hearsay? Is it admissible?
  • When is a statement not considered hearsay?
  • What are exceptions to the Hearsay Rule? (These are admissible in evidence)
  • What are exceptions to the Hearsay Rule?
  • What are exceptions to the Hearsay Rule?
  • When can a declaration be said to be a dying declaration?
  • When will a declaration against the interest of a DP or MUP be received in evidence?
  • When will a self-incriminating evidence of a DP or MUP be received in evidence?
  • When can an act or statement of a DP or person unable to testify related to the pedigree (relationship) of another person be admissible in evidence?
  • When may a family reputation or tradition existing before a controversy respecting a pedigree be received in evidence?
  • What common reputation may be received in evidence?
  • What is a res gestae?
  • When can business records be admissible as evidence to prove the truth of a relevant matter?
  • What are official records? How shall they be treated?
  • What are commercial lists?
  • When will a document be considered as a learned treatise?
  • When can a testimony or deposition of a deceased person or one who fled away from the country and cannot be found, and given in a former proceeding, be given in evidence against the adverse party?
  • If a statement is not covered by the foregoing, how can it be admissible in evidence?
  • Is the opinion of a witness admissible?
  • Is the character of a person admissible to prove a certain action in a particular situation?
  • Is the character of a person admissible to prove a certain action in a particular situation?
  • How can evidence of character be proved?
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Bryan Villarosa

Juris Doctor | Legal researcher, writer, and website developer.

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