G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res Gestae […]
Evidence
18 posts
G.R. No. 108028 – 328 Phil. 1123 – 260 SCRA 36 – 93 OG No. 36 – Remedial Law – Criminal Procedure – Rule 118; Pre-Trial; Stipulations – Trial; Stipulations Evidence – Admissions; Judicial Admissions – Admissions by Counsel – Admissions of Fact Cristina Hernandez was convicted of large scale […]
G.R. No. 188130 – 639 Phil. 622 – 625 SCRA 611 – Remedial Law – Evidence – Admissibility of Evidence – Testimonial Evidence – Self-Serving Statement – Hearsay Anthony Ambrosio and several others sued Mary Lou Omictin for illegal recruitment. Omictin was convicted. On appeal, Omictin argued that the testimony […]
G.R. No. 248905 – Criminal Law – Book I – Criminal Liability; Degree of Participation – Principal vs Accomplice; Conspiracy Remedial Law – Evidence – Testimonial Evidence – Inconsistencies in the testimony of a witness; when not fatal to the case Criminal Law – Book II – Crimes Against Liberty […]
G.R. No. 105813 – 236 SCRA 398 – Remedial Law – Criminal Procedure – Offer of Testimony Evidence – Testimonial Evidence – Offer of Testimony Concepcion Catuira was being tried for two counts of estafa. After the prosecution rested its case, Catuira filed a demurrer to evidence on the ground […]
G.R. No. 210164 – 767 Phil. 51 – Political Law – Election Law – Republic Act No. 9225 – Qualifications of Local Elective Candidates – Citizenship Requirements – Dual Allegiance Remedial Law – Evidence – Formal Offer of Evidence – Evidence not Offered Rommel Arnado was a natural-born Filipino. Later, […]
G.R. No. 136975 – 494 Phil. 306 – 454 SCRA 301 – Taxation Law – Tax Collection – Assessment Remedial Law – Evidence – Documentary Evidence Best Evidence Rule in Taxation vs Best Evidence Rule under the Rules of Court In 1989, an informant informed the Counter-Intelligence Division of the Economic […]
G.R. No. 195432 – 742 Phil. 37 – Civil Law – Persons and Family Relations – Family Code – Article 26; Foreign Divorce; how recognized Remedial Law – Evidence – Foreign Divorce; Must be proven as a matter of fact In 2001, Edelina Tungul married a Japanese citizen named Yuichiro Kobayashi. […]
G.R. No. 186571 – 642 Phil. 420 – 628 SCRA 266 – Civil Law – Persons and Family Relations – Family Code – Marriage; Void Marriages – Article 26; Effect of Foreign Divorce Remedial Law – Evidence – Presumptive Evidence – Foreign Judgment; Divorce Civil Procedure – Rule 39 – Rights […]
G.R. No. 155339 – 571 Phil. 18 – 547 SCRA 311 – Remedial Law – Evidence – Circumstantial Evidence; when may it be used to uphold conviction In October 1992, Naty Madon-ep, a businesswoman engaged in the selling of seeds and rice in the public market of Baguio City, noticed […]
G.R. No. L-21438 – 124 Phil. 722 – 18 SCRA 155 – Civil Law – Torts and Damages – Liability – Culpa Aquiliana – Culpa Contractual Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exception; Res Gestae – Startling Event In March 1958, Rafael Carrascoso and several […]
G.R. No. 190341 – 661 Phil. 281 – Remedial Law – Evidence – Testimonial Evidence – Hearsay Rule – Exceptions; Res Gestae – Startling Event In the morning of June 29, 2004 Amalia was told by her mother to look for her sister Alice. Alice was an 18 years old […]
G.R. No. 144656 – 431 Phil. 798 – 382 SCRA 192 – Remedial Law – Evidence – DNA Evidence – Admissibility On July 10, 1999 (Rosario, Cavite), at about 1pm, 9-year old Daisy Diolola went to her neighbor’s house to seek help on an assignment. It was a Saturday. Gerrico […]
G.R. No. 148220 – 499 Phil. 185 – 460 SCRA 197 – Remedial Law – Evidence – Object Evidence – Daubert Test – DNA Evidence – Vallejo Guidelines In May 1998, Armi Alba, mother of minor Rosendo Alba filed a suit against Rosendo Herrera in order for the latter to […]
G.R. No. 66130 – 236 SCRA 336 – Civil Law – Land Titles and Deeds – Land Registration – Submission of Tracing Cloth Plan is mandatory Remedial Law – Evidence – Best Evidence Rule – Secondary Evidence; when admitted – Before blueprint of survey plan is admitted, loss of original […]
G.R. No. 121087 – 372 Phil. 21 – 313 SCRA 153 – Criminal Law – Book I – Aggravating Circumstances – Crime Committed in Places where Official duties are discharged Remedial Law – Evidence – Exclusionary Rule – RA 4200 – No wire tapping if communication is not private In […]