Posts

Showing posts from July, 2015

Burden of Proof

Image
Burden of Proof or Risk of Non-Persuasion
the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of
evidence required by law.


Proof
the establishment of a requisite degree of belief in the mind of
the trier of fact as to the fact in issue.


Two separate burdens in burden of proof:
1. Burden of going forward – that of producing evidence
2. Burden of persuasion – the burden of persuading the trier of
   fact that the burdened party is entitled to prevail.


Upon Whom Burden Of Proof Rests


A. Civil Cases
1. the plaintiff has the burden of proof to show the truth of his
   allegations if the defendant raises a negative defense.
2. The defendant has the burden of proof if he raises an affirmative
   defense on the complaint of the plaintiff.


Note: In a civil case, the plaintiff is always compelled to allege
affirmative assertions in his complaint. When he alleges a cause
of action, he will be forced to allege that he has a right an…

Psychologist Board Exam Result July 2015

Image
The result of the July 2015 Psychologist Board Exam has been released.


The Following are the names of those who passed.

1.  ADAPON, SAMPAGUITA QUIJANO 
     1st Placer
     Ateneo De Manila University - Manila

2.  ANG, ANGELICA ISSAH VIDALLO
3.  CALAGUI, MARA BALLAD
4.  DE JESUS, LOUIE REYES
5.  DE JESUS, RICHTHOFEN CHING
6.  DELGRA, EMILY JOY MONGCOPA
7.  DOMINGO, MARIA LYN WYCOCO
8.  ESPADA, RON JULIUS DELA CRUZ
9.  ESPANTO, JESSICA CAMERO
10. EVANGELISTA, RICA VINA CRUZ
11. GALVEZ TAN, LOURDES JOY TONGCO
12. GARILAO, MARIA ANA VICTORIA FELIZE VELEZ
13. GATTUD, VINCENT ISILEN
14. GAYOLES, LISA ANNA MARTE
15. GUTIERREZ, JAN PATRICK GRONA
16. GUZMAN, NINA EVITA QUIROGA
17. KEH, ALYDA YASMIN ANG
18. LEAÑO, GERALDINE LLANES
19. LERMA, LORENZO ZAMORA
20. LEUTERIO, HANNA RAE SAYON
21. LINA, SOFIA GRACE ATIENZA
22. LOCSIN, BIANCA ROSAL
23. MELGAR, MARIKA ECHANIS

24. MORALES, MARIE ROSE HENSON 
      2nd Placer
      De La Salle University - Manila

25. MORGA, ANNA DANIELLA SAAVEDRA
26. MUNDOC,…

Psychometrician Board Exam Result July 2015

Image
The result of the July 2015 Psychometrician Board Exam  has been
released.


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


4,466 examinees took the exam but only 2,061 passed.


The Psychometrician Board Exam 1st Placer is Van Alistair Hornillos
Faeldon. He was a graduate of the University of Santo Tomas. He had
a passing percentage of 84.20%


28 other examinees made it to the Top Ten.


230 schools participated in this examination.


The Psychometrician Board Exam was given in the following cities:
1. Manila
2. Baguio
3. Cebu
4. Davao
5. Legazpi


The Following are the members of the Board of Psychology who gave
the Psychometrician Board examination:
1. Ms. Miriam P. Cue, Chairman
2. Ms. Alexa P. Abrenica, Member
3. Ms. Imelda Virginia G. Villar, Member


Registration for the issuance of Professional Identification Card
(ID) and Certificate of Registration will be on August 5-7, 2015.


Those who will register are required to bring the following:
1. Duly accomplished Oath Form or Panu…

Master Plumber Board Exam Result July 2015

Image
The Result of the Master Plumber Board Exam has been released.


Clickhereto view the complete names of those who passed.


1,841 Examinees took the examination but only 782 passed.


207 Schools participated in the examination.


The Examination was held in the Cities of
1. Manila
2. Cebu
3. Davao
4. Legazpi


University of the Philippines in Diliman is the No.1 Master
Plumber school. Out of its 28 examinees, only one failed.
UP-Diliman has a passing percentage of 93.43%


The Master Plumber Board Exam 1st Placer is Michael James Acosta
Ramos. He is a graduate of Saint Mary's University. He has a
passing percentage of 82%.


The Member's of the Board of Master Plumbers who gave the
examination are the following;
1. Engr. Valentino M. Mangila, Chairman
2. Arch. Prospero A. Abellano, Member
3. Engr. Pedrito D. Camilet, Jr., Member


Registration for the issuance of Professional Identification Card
(ID) and Certificate of Registration will be on August 3 & 4, 2015.


Those who will register…

2 PNP Police Intelligence Agents Attacked By Protesters

Image
2 PNP Police Intelligence Agents were attacked by protesters
during the state of the nation address of President Noynoy
Aquino.


PNP Intelligence Unit is headed by a Director with the rank of
 chief superintendent, serve as the intelligence and
 counterintelligence operating unit of the PNP.  PNP Intelligence Unit is one of the 10 operational support
      units of the PNP (Philippine National Police)

Protesters says they caught the 2 PNP police intelligence agents
in the act of taking videos and pictures in the middle of the
protest against the state of the nation address by the Philippine
President.


The Attack happened in the morning in Commonwealth Avenue in
Quezon City.


The 2 PNP Police Intelligence Agents were injured and crestfallen.


Other Protesters came to the police officers rescue to prevent
further injuries.


These 2 PNP Police Intelligence Agents are merely doing their job.
They are not even armed. What they have is a video camera which
they used in performing their lawful…

Character As Evidence

Image
Character evidence not generally admissible.


Character
the aggregate of the moral qualities which belong to and
distinguish an individual person.


General Rule
character evidence is not admissible in evidence.


Exceptions


Criminal Cases
1. Accused may prove his good moral character which is pertinent
   to the moral trait involved in the offense charge
2. The prosecution may not prove bad moral character of the
   accused unless in rebuttal when the latter opens the issue by
   introducing evidence of his good moral character
3. As to the offended party, his good or bad moral character may
   be proved as long as it tends to establish the probability or
   improbability of the offense charged.


Exceptions to this exception:
1. Proof of the bad character of the victim in a murder case is not
   admissible if the crime was committed through treachery and
   evident premeditation and
2. In prosecution for rape, evidence of complainant’s past sexual
   conduct, opinion thereof or of his/her reputation shall not …

X-Ray Technologist Board Exam Result July 2015x-ray

Image
The result of the July 2015 X-Ray Technologist Board Exam has
been released.


The X-Ray Technologist Board Exam 1st Placer is Joyce Tierra
Hilado. She has a passing percentage of 85.25%. She is a
graduate of Wesleyan University in Cabanatuan City.


The Following are the names of those who passed the July 2015
X-Ray technologist Board Examination.

1.  ABBACAN, BABYLYN QUEZON
2.  ABDURAJIK, CYNDI BAGTASOS
3.  ABULKHAIR, ASNIAH LAWANSA
4.  AGUSTIN, CATHERINE MAMARIL
5.  AKIL, ANNABELLE SAYADI
6.  ALVESTER, JETHRO NEIL ROBLES
7.  ANIB, MICHELLE ANN JARO
8.  ARIS, RACHA RAFIK ALLIAN
9.  ARREOLA, KEVIN KAREM VILLAFLOR
10. BADAYOS, NEYGIE ABUCION
11. BALINTAG, RAMON JR DELA CRUZ
12. BERNARDINO, ALBERT NIÑO
13. BERNARDO, BASIL BRICE GAGARRA
14. BURTON, JANINE GRACE ABALIN
15. BUSIL, KENNETH CHARLES ASUNCION
16. CARIAS, KAY SALINE YANIG
17. CASAN, NORONISAH COMARADANG
18. CELO, GOLD JADE MANAJERO
19. COLLADO, JOHN PAUL YASAY
20. CORTEZ, JEZIEL INFANTE
21. CRUZ, KRISTINE JOY ANNE CRUZ
22. CUARIO…

Radiologic Technologist Board Exam Result July 2015

Image
The result of the July 2015 Radiologic Technologist has been'
released.



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



3,043 took the exam but only 1.325 passed.


Saint Louis University in Baguio City is the No.1 Radiologic
Technologist school. It has a passing percentage of 86.54%.
52 of its students took the examination and only 7 failed.


Patrick Deompoc Agaloos is the exam's 1st Placer. He is a
graduate of St. Jude College - Dasmarinas Cavite Inc. He has
a board rating of 89.60%.


The Radiologic Technologist Board Exam was given in the
following Cities:
1. Manila,
2. Davao
3. Iloilo
4. Tuguegarao


The following are the members of the Board of Radiologic
Technology w ho gave the licensure examinations:
1.  Mr. Reynaldo Apolonio S. Tisado, Officer-In-Charge
2.  Dr. Orestes P. Monzon, Member
3.  Mr. Bayani C. San Juan, Member
4.  Ms. Ma. Jesette B. Canales, Member

Opinion Of Ordinary Witness

Image
Ordinary Opinion Evidence
that which is given by a witness who is of ordinary capacity
and who has by opportunity acquired a particular knowledge which
is outside the limits of common observation and which may be of
value in elucidating a matter under consideration.


Ordinary witness: 
If proper basis is given, and regarding: (Rule 130, Sec.50)
1. Identity of a person about whom he has adequate knowledge
2. Handwriting with which he has sufficient familiarity
3. Mental sanity of a person with whom he is sufficiently
   acquainted
4. Impressions of the emotion/behavior/condition/appearance of
   a person.


Bar Exam 2004
Hearsay Evidence vs. Opinion Evidence
Hearsay evidence and opinion evidence.

Suggested Answer:
Hearsay evidence consists of testimony that is not based on
personal knowledge of the person testifying,(see Sec.36,Rule 130)

While opinion evidence is expert evidence based on the personal
knowledge skill, experience or training of the person testifying
and evidence of an ordinary witness on limite…

Opinion Of Expert Witnesses

Image
Expert Witness
one who belongs to the profession or calling to which the subject
matter of the inquiry relates to and who possesses special
knowledge on questions on which he proposes to express an opinion.


There is no definite standard of determining the degree of skill
or knowledge that a witness must possess in order to testify as
an expert.


It is sufficient that the following factors are
present:
1. Training and education
2. Particular, first hand familiarity with the facts of the case
3. Presentation of authorities or standards upon which his opinion
   is based.


An expert witness may base his opinion either on the first-hand
knowledge of the facts or on the basis of hypothetical questions
where the facts are presented to him and on the assumption that
they are true, formulates his opinion on the hypothesis.


Expert evidence is admissible only if:
1. the matter to be testified requires expertise and
2. The witness has been qualified as an expert.


How to present an expert witness
1. Introduce and quali…

Opinion Rule

Image
Opinion
an inference or conclusion drawn from facts observed.


General Rule
Witnesses must give the facts and not their inference, conclusions,
or opinions.


The opinion of a witness is not admissible.


Exceptions

Expert Witness
1. On a matter requiring SPECIAL knowledge, skill, experience or
   training which he is shown to possess

Ordinary Witness
2. The identity of a person about whom he has adequate knowledge
3. A handwriting with which he has sufficient familiarity
4. The mental sanity of a person with whom he is sufficiently
   acquainted
5. The witness impressions of the emotion, behavior, condition,
   or appearance of a person


People vs. Adoviso (1999)
Polygraph test has not as yet attained scientific acceptance as a
reliable and accurate means of
ascertaining truth or deception.


Dilag Co. v. Merced (1949)
There is no precise requirement as to the mode in which
skill/experience shall have been acquired. Scientific study and
training are not always essential to the competency of a witness
as an expert. K…

Testimony Or Deposition At A Former Proceeding

Image
Prior Testimony


Requisites
1. The testimony or depositions of a witness deceased or unable
   to testify
2. The testimony was given in a former case or proceeding, judicial
   or administrative
3. Involving the same parties
4. Relating to the subject matter
5. The adverse party having had an opportunity to cross-examine him.


The prior testimony must have been made by a witness deceased or
unable to testify, in a former case/proceeding (judicial or
administrative) involving the same parties and subject matter.


Unable To Testify
An inability proceeding from a grave cause almost amounting to
death as when the witness is old and has lost the power of
speech.(Tan v. CA (1967)


The prior testimony may be given in evidence against the adverse
party who had the opportunity to cross-examine the witness.

Learned Treatises

Image
In order that a published treatise, periodical, or pamphlet on a
subject of law, history, science, or art may be admissible, it
is necessary either:
1. That the court can take judicial notice of it  or
2. A witness expert on the subject testifies that the writer of
   the statement in the treatise, periodical, or pamphlet is
   recognized in his profession or calling as expert in the
   subject.


Reasons for admission
1. Necessity – even if such person is legally procurable, the
   expense is frequently disproportionate.
2. Trustworthiness – learned writers have no motive to misrepresent.
   He is aware that his work will be carefully scrutinized by the
   learned members of his profession and that he may be subject
   to criticisms and ultimately rejected as an authority of the
   subject matter if his conclusions are found to be invalid.


A published treatise/periodical/pamphlet on a subject of
history/law/science/art is admissible as tending to prove the
truth of a matter stated the…

Commercial List And The Like

Image
Requisites
1. Statements of matters of interest to persons engaged in an
   occupation
2. The statements must be contained in a list, register, periodical
   or other published compilation
3. The compilation was published for use by persons engaged in that
   occupation and
4. Is generally relied upon by them.


Reason For Admission
1. Necessity – because of the unusual accessibility of the persons
   responsible for the compilation of matters contained in a list,
   register, periodical or other published compilation and tremendous
   inconvenience it would cause to the court if it would issue
   summons to these numerous individuals.

2. Trustworthiness – they have no motive to deceive and they further
   realize that unless the list, register, periodical or other
   published compilation are prepared with care and accuracy, their
   work will have no commercial and probative value.


Evidence of statements of matters of interest to persons engaged  in an occupation contained in a list/register/periodical …

Philippines Most Expensive Colleges and Universities

Image
I was reading an online newspaper one day and I came across this
article from http://www.abs-cbnnews.com/ where it enumerated the
Philippines most expensive colleges and universities.


Most of these schools are from Metro Manila.


Here are the lists

1.  Enderun Colleges
     P231,000 to P300,000 per year


2.  De La Salle University
     P196,000 to P230,000 per year


3.  University of Asia and the Pacific
     P190,000 to P200,000 per year


4.  Information and Communications Technology Academy
     P181,000 to P211,000 per year


5.  De La Salle - College of Saint Benilde
     P180,000 to P240,000 per year


6.  Ateneo De Manila University
     P180,000 per year


7.  San Beda College
     P146,000 to P155,000 per year


8.  Mapua Institute of Technology
     P130,000 to P140,000 per year


9.  Miriam College
     P60,000 to P80,000 per semester


10. FEU
     P37,000 to P69,000 per semester for local students
     P66,000 to P78,000 per semester for foreign students


I do not understand the reason fo…

Entries In Official Records

Image
Entries In Official Records


Requisites
1. That it was made by a public officer or by another person specially
   enjoined by the law to do so and
2. That it was made any a public officer in the performance of his
   duty specially enjoined by law and
3. The public officer or the other person has sufficient knowledge
   of the facts by him stated, which must have been acquired by him
   personally or through official information


Reasons For Admission
1. Necessity – practical impossibility of requiring the official’s
   attendance as a witness to testify to the innumerable transactions
   occurring in the course of his duty.
2. Trustworthiness – there is a presumption of regularity in the
   performance of official duty.


Probative value:
Only prima facie evidence of the facts stated therein.


It is not essential for the officer making the official statement
to have a personal knowledge of the facts stated by him, it being
sufficient that the official information was acquired by officers
who…

Entries In The Course Of Business

Image
Entries In The Course Of Business


Requisites
1. That the entrant made the entry in his professional capacity
   or in the performance of a duty
2. The entry was made in the ordinary course of business or entry
3. The entries must have been made at or near the time of the
   transaction to which they relate
4. The entrant must have been in a position to know the facts
   stated in the entries
5. The entrant must be deceased or unable to testify


The law does not fix any precise moment when the entry should be
made. It is sufficient that the entry was made within a reasonable
period of time so that it may appear to have taken place while
the memory of the facts was unimpaired.


How regularity of the entries proved
It may be proved by the form in which they appear in the
corresponding book.


The entry must have been made at or near the time of transactions
to which they refer.


The entry should have been made by a person deceased, or unable to
testify, who was in a position to know the facts…

Part of Res Gestae

Image
Res Gestae
literally means things done. It includes circumstances, facts,
and declarations incidental to the main facts or transaction
necessary to illustrate its character and also includes acts,
words, or declarations which are closely connected therewith
as to constitute part of the transaction.


2 Types of Res Gestae
1. Spontaneous Statements
2. Verbal Acts


Spontaneous Statements
Spontaneous statements in connection with a startling occurrence
relating to that fact and in effect forming part thereof

Requisites
1. There must be a startling occurrence
2. The statement must relate to the circumstances of the
   startling occurrence
3. The statement must be spontaneous


Verbal Acts
Statements accompanied by an equivocal act material to the
issue and giving it a legal significance

Requisites
1. The act or occurrence characterized must be equivocal
2. Verbal acts must characterize or explain the equivocal act
3. Equivocal act must be relevant to the issue
4. Verbal act must be contemporaneou…

How To Become A PNPA Cadet

Image
The PNPA Recruitment Brochure says PNPA needs able, responsible and
well-motivated youths who have the aptitude for service to meet the
varied and challenging duties of a public safety service officer.


Interested? Read the following requirements and apply if you
qualify.


Those who graduate from PNPA Academy are given options where
they would like to serve. They may opt to serve in the BJMP,
BFP or the PNP.


Initial Requirement For Admission To Become PNPA Cadet

1.  Natural Born Citizen of the Philippines
2.  Of Good Moral Character
3.  Male or Female
    a. Must be single
    b. Must have no parental and financial obligation to anybody
4.  Must be at least 18 years of age and not more than 22 years
    old on April 15.
5.  Must be at least 5'4" in height for male
    Must be at least 5'2" in height for female
6.  Must weigh not more or less than 5 kilograms of the standard
    weight corresponding to age, height and sex
7.  Must be at least high school graduate
8.  Mu…

Dental Hygienist Board Exam Result June 2015

Image
The result of the June 2015 Dental Hygienist Board Exam has been
released.


The Following Are The Names Of Those Who Passed The Dental
Hygienist Board Exam

1.  ABLES, MARICRIS PAMATIAN
2.  ALFAD, ALMIRA NURCELYNNE YAMBAO
3.  ASUNCION, CRISTINE JOY VENDIOLA
4.  BAE, MELODY GUTIERREZ
5.  BALABBO, ABIGAIL APOSTOL
6.  BARIUAD, SHEILA MARIE MIGUEL
7.  BORCI, ANDREN NIKKA BARRERA
8.  BRON, RAUMAR VELASCO
9.  BULAGNIR, SHERR TURBANADA
10. ESCOSALAN, JOY MENCHE CLARE TALADHAY
11. FETALINO, ALYSSA DANIA TANDOG
12. INGARAN, ROSE ANN FLORIDO
13. JARVIS, JENNIFER JAMIE DE JESUS
14. JOSE, ALLYSA CAMILLE ROXAS
15. LONDONIO, KIMBERLY ROSE HORCA
16. LOTOK, ROSE ANN CAPACIA
17. MAGLALANG, PIAGET LOUISE FERMIN
18. MATEO, JAZMINE JANEZA AQUINO
19. NICOMEDES, NATHALIE ADRIANO
20. OLI, KRISTINE JOYCE OLIQUINO
21. PEÑARANDA, AIRALYN MABULAY
22. PIASTRO, MARILYN BRIONES
23. SARDIDO, HEROSALIE LLENA
24. SILVA, LOURDES MARIE NYMHIEL BALABIS
25. SOLIMAN, SARAHLEE FIGUEROA
26. SUMAYO, ELIZABETH JAMERO
27. TADEO…