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Showing posts from June, 2015

Common Reputation

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Common Reputation
Is the definite opinion of the community in which the fact to be
proved is known or exists.

It means the general or substantially undivided reputation, as
distinguished from a partial or qualified one, although it need
not be unanimous.

The general or substantially undivided reputation although it
need not be unanimous. It is the definite opinion of the
community in which the fact to be proved is known or exists.


Admissible Evidence Under This Exception
1. Common reputation existing previous to the controversy,
   respecting facts of public or general interest more than
   30 years old, or respecting marriage or moral character
2. Monuments and inscriptions in public places as evidence of
   common reputation.


Reputation
The opinion of a person by others.

Under this section, the character of a person is permitted to be
established by his common reputation.

The character of a place as an opium joint may be proved by its
common reputation in the community.(US v. Chua Chiok)


Character
The in…

Family Reputation or Tradition

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The exception refers to reputations/traditions existing in a
family previous to the controversy, in respect to the pedigree
of any one of its members. It may be received in evidence if
the witness testifying thereon be also a member of the family,
either by consanguinity or affinity.


Documentary evidence allowed under the exception: Entries in
family bibles or other family books, charts, engravings on
rings, family portraits and the like.


This enumeration, by ejusdem generis, is limited to objects
which are commonly known as "family possessions," or those
articles which represent, in effect, a family's joint statement
of its belief as to the pedigree of a person. These have been
described as objects "openly exhibited and well known to the
family," or those "which, if preserved in a family, may be
regarded as giving a family tradition." Other examples of these
objects which are regarded as reflective of a family's reputation
or tradition regarding…

Act or Declaration Against Pedigree

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Pedigree
Includes relationship, family genealogy, birth, marriage, death,
the dates when, and the placer where these facts occurred and
the names of their relatives. It embraces also facts of family
history intimately connected with pedigree.


The act/declaration must be made by a person deceased, or
unable to testify, regarding the pedigree of another person
related to him by birth/marriage.


The rules do not require any specific degree of relationship but
the weight to which such act/declaration is entitled may be affected
by the degree of relationship.


The act/declaration is admissible if it occurred before the
controversy, and the relationship between the 2 persons is shown by
evidence other than such act/declaration.


The requirement that there be other proof than the declarations of
the declarant as to the relationship does not apply where it is
sought to reach the estate of the declarant himself and not merely
to establish a right through his declarations to the property or
some m…

Nursing Board Exam Topnotchers May 2015

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The Following are the May 2015 Nursing Board Exam Topnotchers


1st Placer  - Benedict Rey Montas Serrano 86.40%
                   Bicol University - Legazpi


2nd Placer  - Charlyn Montebon Villa 86.20%
                   Riverside College


3rd Placer  - Marinell Ala Atos 85.60%
                   Bicol University - Legazpi

                   Kevin Ritardo Babia 85.60%
                   Southern Luzon State University - Lucban

                   Christine Mae Abrogena Galeon 85.60%
                   Our Lady of Fatima Universit - Quezon City


4th Placer  - Regine Agana Betita 85.20%
                   West Visayas State University - La Paz

                   Erika Sarrosa Bicol 85.20%
                   West Visayas State University

                   Mariah Monica Lopez Condeno 85.20%
                   Catanduanes State University - Virac

                   Michelle Abby Calixtro Maranan 85.20%
                   Our Lady of Fatima University - Valenzuela

                   Liezel Ka…

Top Nursing Schools In The Philippines May 2015

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The Following are the Top Nursing Schools In The Philippines
Based On The Result Of The May 2015 Nurse Board Examination:

No.1  West Visayas State University - La Paz
      Passing Percentage - 100%
      Number of Examinees - 153
      Number of those who passed - 153
      Number of those who failed - 0

      Silliman University
      Passing Percentage - 100%
      Number of Examiees - 56
      Number of those who passed - 56
      Number of those who failed - 0

      Chinese General Hospital Colleges
      Passing Percentage - 100%
      Number of Examiees - 55
      Number of those who passed - 55
      Number of those who failed - 0


No.2  De La Salle University - Health Sciences Institute
      Passing Percentage - 98.70%
      Number of Examiees - 77
      Number of those who passed - 76
      Number of those who failed - 1


No.3  Benguet State University - La Trinidad
      Passing Percentage - 98.68%
      Number of Examiees - 76
      Number of those who passed - 75
      Nu…

Nurse Board Exam Result May 2015

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The result of the May 2015 Nurse Board Exam has been released.


Click here to view the complete names of those who passed.


17,891 took the Nursing Board Examination but only 9707 passed.


The Members of the Board of Nursing who gave the examination
are the following:
1. Carmencita M. Abaquin, Chairman
2. Perla G. Po, Member
3. Gloria B. Arcos, Member
4. Carmelita C. Divinagracia, Member
5. Carfredda P. Dumlao, Member
6. Glenda S. Arquiza, Member
7. Florence C. Cawaon, Member


The May 2015 Nurse Board Exam 1st Placer is Benedict Rey Montas
Serrano. He has a passing percentage of 86.40%. He is a graduate
of Bicol University in Legazpi City.


Related: Top Ten Examinees


3 Nursing Schools Tied for 1st Place as the No.1 Nursing School
in the Philippines. All of them has a passing percentage of 100%.


The following Schools Tied for 1st Place:
1. Chinese General Hospital Colleges
2. Silliman University
3. West Visayas State University in Lapaz


Related: Top Nursing Schools In The Philippines


96 Exam…

Declaration Against Interest

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Requisites
1. That the declarant is dead and unable to testify
2. That it relates to facts against the interest of the
   declarant
3. That at the time he made the said declaration the declarant
   was aware that the same was contrary to his aforesaid interest
4. That the declarant had no motive to falsify and he believed
   such actual declarant to be true.


Reason For Such Admission
1. Necessity – such declarations are the only mode of proof
   available
2. Trustworthiness – persons do not make statements that are
   disadvantageous to themselves without substantial reason
   to believe that the statements are true. Self-interest
   induces men to be cautious in saying anything against
   themselves. In other words, we can safely trust a man when
   he speaks against his interest.


Interest Covered
1. Proprietary interest
2. Penal interest
3. Pecuniary interest


The declarant must realize at the very time of making the
declaration that his declaration is against his interest,
that a reasonable man in his pos…

Dying Declaration

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Dying Declaration
The ante mortem statements made by a person after the mortal
wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the
circumstances surrounding the attack.

When Applicable
It applies to any case where the death of the declarant is the
subject of the inquiry.

Requisites
1. That the death is imminent and the declarant is conscious
   of such fact
2. That the declaration refers to the cause and the surrounding
   circumstances of such death
3. That the declaration refers to the facts which the victim
   is competent to testify to
4. That the declaration is offered in a case wherein the
   declarant’s death is subject of the inquiry (the victim
   necessarily must have died)
5. That the statement must be complete in itself.
   (People vs. De Joya, 203 SCRA 343).

Reason For Its Admission
1. Necessity – because the declarant’s death renders
   impossible his taking the witness stand
2. Trustworthiness – at the point…

Top Architect Schools In The Philippines June 2015

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The Following are the Top Architect Schools in the Philippines
Based on the result of the June 2015 Architect Board Examination.


No.1  UST
          Passing Percentage - 88.74%
          Number of Examinees - 222
          Number of those who passed - 197
          Number of those who failed - 25

No.2  University of San Carlos
          Passing Percentage - 85.92%
          Number of Examinees - 71
          Number of those who passed - 61
          Number of those who failed - 10


Note: The PRC do not publish the lists of the Top Performing
Schools In The Board Exam with less than 50 examinees.


But the following Architect Schools performed very well in this
examination.


      UP-Diliman
      Passing Percentage - 100%
      Number of Examinees - 49
      Number of those who passed - 49
      Number of those who failed - 0

      UP-Mindanao
      Passing Percentage - 100%
      Number of Examinees - 12
      Number of those who passed - 12
      Number of those who failed - 0

      De…

Architect Board Exam Topnotchers June 2015

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Architect Board Exam Topnotchers. Based on the result of the
June 2015 Architect Board Examination.


1st Placer  - Christian Lyle David La Madrid 85.90%
                    UST


2nd Placer  - Joachim Michael Lim Espina 85.20%
                    University of San Carlos


3rd Placer  - Veronica Villamayor Puda 85.10%
                    UP-Diliman


4th Placer  - Gelmer Sarah Del Valle Santos 84.90%
                    UP-Diliman


5th Placer  - Christian Santos Salandanan 84.80%
                    UST


6th Placer  - Bianca Marie Garcia Villamayor 84.20%
                    UST


7th Placer  - Francino Paraz Delima 84.10%
                    University of San Carlos


                    Ernest Antonio Palmero Mines 84.10%
                    Universtity of Mindanao - Davao City


                    Kathleen Anne Natividad Veloso 84.10%
                    Ateneo De Davao University


8th Placer  - Rui Carlo Soriano Hombrebueno 83.90%
                    TIP-Manila


                    Jo Jerico Est…

Architect Board Exam Result June 2015

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The result of the June 2015 Architect Board Exam has been
released.


Click here to view the complete names of those who passed.


1,964 examinees took the exam but only 1,201 passed.

University of Santo Tomas is the No.1 Architect School. It
has a passing percentage of 88.74%. Out of its 222 examinees,
197 passed.


Related: Top Architect Schools


The Architect Board Exam 1st Placer is Christian Lyle David
La Madrid. He is a graduate of the University of Santo Tomas.
He has a passing percentage of 85.90%.


Related: Top Ten Examinees


86 Architecture schools participated in the examination.

The Architect Board Exam was given in the cities of Manila,
Cebu and Legazpi on June 12 and 14, 2015.

The Members of the Board of Architect who gave the examination
are the following:
1. Arch. Rolando L. Cordero, Chairman
2. Arch. Fidel Jose R. Siapno, Board Member

Registration for the issuance of Professional Identification Card
(ID) and Certificate of Registration will be on July 9, 10 and
13, 2015.

Those …

Hearsay Rule

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Any evidence, whether oral or documentary is hearsay if its
probative value is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the
witness stand.

Reason for Exclusion of Hearsay Evidence
It is excluded because the party against whom it is presented
is deprived of his right and opportunity to cross examine the
person to whom the statements or writings are attributed.

Hearsay evidence not objected to may be admissible but whether
objected to or not, has no probative value, and as opposed to
direct primary evidence, the latter always prevails.

General Rule
Hearsay Evidence is inadmissible.

Exceptions
1.  Dying Declaration
2.  Declaration Against Interest
3.  Act Or Declaration Against Pedigree
4.  Family Reputation Or Tradition Against Pedigree
5.  Common Reputation
6.  Res Gestae
7.  Entries In The Ordinary Course of Business
8.  Entries In Official Records
9.  Commercial Lists
10. Learned Treatises
11. Testimony Or Deposition At A Fo…

Unaccepted Offer

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This section complements the rule on tender of payment
(Art.1256,Civil Code) by providing that said offer of payment
must be made in writing. Such tender of payment must, however,
be followed by consignation of the amount in court in order to
produce the effects of valid payment.

The rule covers:
1. Payment of sum of money - if the amount is short of the
   amount of liability or not in the currency which is the legal
   tender here in the Philippines, the creditor has a reason not
   to accept the tender. Or even if the legal tender is not that
   one to which the parties agreed
2. Delivery of document – if not that agreed document, creditor
   may refused acceptance;
3. Delivery of personal property – creditor may refuse and it
   does not amount to a tender if the personal property is not
   that one agreed upon.

Delivery or unaccepted offer does not release the debtor from
obligation but it can excuse the debtor from delivery.

Upon a valid unaccepted offer, the creditor shall absorb all the
circumst…

Top Environmental Planner School

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Based on the result of the June 2015 Environmental Planner
Board Examination.



No.1 UP-Diliman
         Passing Percentage - 92.31%
         Number of Examinees - 26
         Number of those who passed - 24
         Number of those who failed - 2


No.2 UP-Los Banos
         Passing Percentage - 86.67%
         Number of Examinees - 15
         Number of those who passed - 13
         Number of those who failed - 2


No.3 Mindanao State University - Marawi City
         Passing Percentage - 100%
         Number of Examinees - 8
         Number of those who passed - 8
         Number of those who failed - 0


No.4 Ateneo De Manila University - QC
         Passing Percentage - 85.71%
         Number of Examinees - 7
         Number of those who passed - 6
         Number of those who failed - 1


No.5 Mapua Institute of Technology
         Passing Percentage - 80%
         Number of Examinees - 5
         Number of those who passed - 4
         Number of those who failed - 1


        Manuel S. E…

Environmental Planner Board Exam Result June 2015

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Environmental Planner Board Exam Result

The result of the June 2015 Environmental Board Exam has been
released.


Click here to view the complete names of those who passed.


357 examinees took the exam but only 178 passed.

The Environmental Planner Board Exam 1st Placer is Cid Leandro
Miranda Jacobo. He obtained a passing percentage of 80.05%.
He is a graduate of Ateneo De Manila University in Quezon City.

UP-Diliman has the most number of examinees with 26. UP-Diliman
has a passing percentage of 92.31%.


        Related: Top Performing Schools


UST comes next with 20 examinees. It has a passing percentage of
60%.

132 Schools participated in the examination.

The Environmental Planner Board Exam was held in the
following Cities:
1.  Manila
2.  Cebu
3.  Davao
4.  Legazpi

The following are the members of the Board Of Environmental
Planning who gave the examination.
1. Josefina M. Ramos, Chairman
2. Lirio T. Abuyuan, Member
3. Dolores A. Endriga, Member

Registration for the issuance of Professi…

Similar Acts As Evidence

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General Rule
Evidence that one did or did not do a certain thing at one time
is not admissible to prove that he did or did not do the same or
a similar thing at another time.

Exceptions
Where the evidence or similar acts may prove:
1. A specific intent or knowledge
2. Identity
3. A plan, system or scheme;
4. A specific habit
5. Established customs, usages and the like

Reason For The Rule
To compel the defendant to meet charges of which the indictment
gives him no information, confuses him in his defense, raises a
variety of issue, and thus diverts the attention of the court
from the charge immediately before it. It is an application of
the principle that the evidence must be confined to the point in
issue in the case on trial. In other words, evidence of collateral
offenses must not be received as substantive evidence of the
offense on trial.

Section 34 is the second branch of the rule of res inter alios
acta and applies to both civil and criminal cases.

This section just like the first…

Confession

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Confession
Categorical acknowledgement of guilt made by an accused in a
criminal case, without any exculpatory statement or explanation.
If the accused admits having committed the act in question but
alleges a justification therefore, the same is merely an
admission.

There can also be a confession of judgment in a civil
case where the party expressly admits his liability.

Confession may either be oral or in writing and if in
writing, it need not be under oath.

The fact that the extrajudicial confession was made while the
accused was under arrest does not render it inadmissible where
the same was made and admitted prior to the 1973 Constitution.

A confession may either be judicial or extrajudicial.

Judicial Confession
One made before a court in which the case is pending and in
the course of legal proceedings therein and, by itself, can
sustain a conviction even in capital offenses.

Extrajudicial Confession
O in any other ne madeplace or occasion and cannot sustain a
conviction unless cor…

Admission By Silence

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An act/declaration made in the presence and within the
hearing/observation of a party who does/says nothing when
the act/declaration is such as naturally to call for
action/comment if not true, and when proper and possible for
him to do so, may be given in evidence against him.


The rule that the silence of the party against whom a claim or
a right is asserted may be construed as an admission of the
truth of the assertion rests on that instinct of our nature,
which leads us to resist an unfounded demand.

When Applicable
This rule applies in both criminal as well as in civil cases.

Requisites
1. He must have heard or observed the act or declaration of
   the other person
2. He must have had the opportunity to deny it
3. He must have understood the statement;
4. He must have an interest to object, such that he would
   naturally have done so, as if the statement was not true
5. The facts are within his knowledge
6. The fact admitted or the inference to be drawn from his
   silence is mate…

PDEA Academy

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R.A.9165 otherwise known as the Comprehensive Dangerous Drugs
Act of 2002 provides that the PDEA Academy shall be established
either in Baguio City or in Tagaytay City.

The PDEA Academy shall be responsible for the recruitment and
training of future PDEA Agents as well as other personnel.


Related: Qualifications of a PDEA Agent


Aside from firearms training and self defense training, PDEA
recruits undertakes courses such as anti-illegal drug
investigation course and Airport Drug Interdiction course.

PDEA's core value's are taken from its own name PDEA
      Professional
      Dynamic
      Excellence-Driven
      Accountable

PDEA's screening process for agent applicants are very rigid.
They must undergo and pass the following:
1. Neuro-Psychological Examination
2. Medical Examination
3. Physical Examination
4. Agility Test
5. Background Investigation
6. Panel Interview

Those PDEA recruits undertaking training right now consist
mostly of Criminology and Nursing graduates. Th…