Burden of Proof

burden of proof


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 and
that such right was violated by the other party. Thus he has the duty
to prove the existence of this affirmative allegation.


When the defendant files his answer and sets up purely a negative
defense and no evidence is presented by both sides, it is the
defendant who would win the case since the plaintiff has not
presented the quantum evidence required by law. On the other hand,
when the defendant in his answer sets up an affirmative defense, if
there is no evidence presented by both sides, it is the defendant who
will lose the case.


B. Criminal Cases
The burden of proof is on the prosecution by reason of presumption of
innocence.

The burden of proof as to the guilt of the accused must be borne by
the prosecution. It is required that courts determine first if the
evidence of the prosecution has at least shown a prima facie case
before considering the evidence of the defense. If the prosecution
does not have a prima facie case, it is futile to waste time in
considering the evidence presented by the defense. Should the
prosecution succeed in establishing a prima facie case against the
accused, the burden is shifted upon the accused to prove otherwise.

Under the Speedy Trial Act, if the accused was not brought to trial
within the time required, the information shall be dismissed on the
motion of the accused. In this case, THE BURDEN OF PROOF of supporting
such motion is with the accused (Section 13, Republic Act 8493).



Degree Of Proof That Satisfies The Burden Of Proof


A. Civil Cases
   Preponderance of evidence


B. Criminal Cases
   To sustain conviction – Evidence of guilt beyond reasonable doubt.

Preliminary investigation
Engenders a well founded belief of the fact of the commission of a
crime.

Issuance of warrant of arrest
Probable cause, i.e. that there is reasonable ground to believe that
the accused that committed an offense.


C. Administrative Cases
   Substantial evidence


Hierarchy Of Evidence
1. proof beyond reasonable doubt
2. clear and convincing evidence
3. preponderance of evidence
4. substantial evidence


Burden Of Evidence
logical necessity on a party during a particular time of the trail to
create a prima facie case in his favor or to destroy that created
against him by presenting evidence.

In both civil and criminal cases, the burden of evidence lies on the
party who asserts an affirmative allegation.


Distinctions Between Burden Of Proof and Burden Of Evidence
1. Burden of Proof
   Does not shift and remains throughout the entire case exactly where
   the original pleadings placed it.

   Burden of Evidence
   Shifts from party to party depending upon the exigencies of the case
   in the course of the trial.

2, Burden of Proof
   Generally determined by the pleadings filed by the party.

   Burden of Evidence
   Generally determined by the developments of the trial, or by the
   provisions of substantive law or procedural rules which may relieve
   the party from presenting evidence on the facts alleged.



Upon Whom Burden Of Evidence Rests


A. Civil Cases:
   The plaintiff is to prove his affirmative allegations in his counter
   claim and his affirmative defenses.

B. Criminal Cases:
   The PROSECUTION has to prove its affirmative allegations in the
   information regarding the elements of the crime as well as the
   attendant circumstances while the defense has to prove its
   affirmative allegations regarding the existence of justifying or
   exempting circumstances, absolutory causes or mitigating
   circumstances.


Principle Of Negative Averments

General Rule
Negative allegations need not be proved, whether in a civil or
criminal action.

Exception
When such negative allegations are essential parts of the cause of
action or defense in a civil case, or are essential ingredients of
the offense in a criminal case or defenses thereto.

However, in Civil Cases, even if the negative allegation is an
essential part of the cause of action or defense, such negative
allegation does not have to be proved if it is only for the purpose of
denying the existence of a document which should properly be in the
custody of the adverse party.

In a Criminal Case, the rule if the subject of a negative averment
inheres in the offense as an essential ingredient thereof, the
prosecution has the burden of proving the same. In view however, of
the difficult office of proving a negative allegation, the prosecution,
under such circumstance, need to do no more than make a prima facie
case from the best evidence obtainable.(People v. Cabral,68 Phil.564)

Presumption
An inference as to the existence or non-existence of a fact which courts
are permitted to draw from the proof of other facts.

A presumption shifts the burden of going forward with the evidence. It
imposes on the party against whom it is directed the burden of going
forward with evidence to meet or rebut the presumption.


Classification of Presumptions
1. Presumption Juris or of Law
   is a deduction which the law expressly directs to be made from
   particular facts.
2. Presumtion Hominis or of Fact
   is a deduction which reason draws from facts proved without an
   express direction from the law to that effect.


Presumtptions of Law Distinguished From Presumptions of Fact
1. Presumptions of Law
   Certain inference must be made whenever the facts appear which
   furnish the basis of the inference.

   Presumptions of Fact
   Discretion is vested in the tribunal as to drawing the inference.

2. Presumptions of Law
   Reduced to fixed rules and form a part of the system of
   jurisprudence.

   Presumptions of Fact
   Derived wholly and directly from the circumstances of the
   particular case by means of the common experience of mankind.


Presumption Juris Maybe Divided Into
1. Conclusive Presumption
   (juris et de jure) – which is a presumption of law that is not
   permitted to be overcome by any proof to the contrary

2. Disputable Presumption
   (juris tantum) - is that which the law permits to be overcome or
   contradicted by proofs to the contrary; otherwise the same remains
   satisfactory.


Bar Exam 2004

Distinguish Burden of proof and burden of evidence.

Suggested Answer:
Burden of proof is 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.(Sec.1 of Rule 131), while burden
of evidence is the duty of a party to go forward with the evidence
to overthrow prima facie evidence established against him.
(Bautista v. Sarmiento, 138 SCRA 587 1985).

Psychologist Board Exam Result July 2015

On
psychologist board exam result


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, CONSTANTINE DANTE
27. ORQUIZA, MARY GRACE SERRANILLA
28. RESPONTE, NAJIE BENIGNOS
29. RUIZ, ROSEMOND JOYCE ESTRELLA
30. SABAS, HERC BIARES
31. SALAMAT, RAFAEL CRUZ
32. SALEN, KRISTYLL EPINO
33. SANTOS, CRISELDA MARZO
34. SIMON, EVEE KAE DALMACIO
35. SUGAY, CELINE OPOSA

36. TOPACIO, ANNE MARIE DELA CRUZ  
      3rd Placer 
     Ateneo De Manila University - QC


76 examinees took the Psychologist Board Exam but only 36 passed.

22 Schools participated in the examination.


Ateneo De Manila University has the most number of examinees with
21. Out of its 21 examinees, only 3 failed.


The Examination was given in the city of Manila.

Psychometrician Board Exam Result July 2015

On


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 Panunumpa ng Propesyonal
2. Current Community Tax Certificate (cedula)
3. 1 piece passport size picture (colored with white background
   and complete name tag)
4. 2 sets of metered documentary stamps and 1 short brown envelope
   with name and profession and to pay the Initial Registration
   Fee of P600 and Annual Registration Fee of P450 for 2015-2018.


Successful examinees should personally register and sign in the
Roster of Registered Professionals.

The date and venue for the oath taking ceremony of the new successful
examinees in the said examination will be announced later.  

Master Plumber Board Exam Result July 2015

On


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

Related: July 2019 Master Plumber Board Exam Results

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 are required to bring the following:
1. Duly accomplished Oath Form or Panunumpa ng Propesyonal
2. Current Community Tax Certificate (cedula)
3. 1 piece passport size picture (colored with white background and
   complete name tag)
4. 2 sets of metered documentary stamps and 1 short brown envelope
   with name and profession and to pay the Initial Registration Fee
   of P450 and Annual Registration Fee of P420 for 2015-2018.


Successful examinees should personally register and sign in the
Roster of Registered Professionals.


The date and venue for the oath taking ceremony of the new successful
examinees in the said examination will be announced later.

2 PNP Police Intelligence Agents Attacked By Protesters



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 duties as a law enforcement
officers.


Protesters claims that those pictures taken by the agents will be
used against them in future prosecutions that the police may
eventually file against them in court.


Protesters allegedly attacked the 2 PNP Police Intelligence agents
when they refused to show the pictures they have taken against the
protesters.


These protesters do not have the right to interfere with the lawful
exercise of duties of these 2 police officers in the same way that
the police officers did not interfere with the right of the protesters
to lawful assembly.


I hope these 2 PNP Police Intelligence Agents recover soon from their
injuries and go back to work and perform their mandated duties under
the law.

Character As Evidence




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 be
   admitted unless, and only to the extent that the court finds
   that such evidence is material and relevant to the case.
   (Rape Shield, RA 8505 Section 6)


Civil Cases
The moral character of either party thereto can not be proved
unless it is pertinent to the issue of character involved in
the case.


      Evidence of the witness’ good character is not admissible
      until such character has been impeached.


      People vs. Irang 1937    
      It is admissible when it is otherwise relevant, as when it
      tends to identify defendant as the perpetrator and tends to
      show is presence at the scene of the crime or in the vicinity
      of the crime at the time charged, or when it is evidence of
      a circumstance connected with the crime.


As To Witnesses
Both criminal and civil, the bad moral character of a witness may
always be proved by either party but not of his good moral character,
unless such character has been impeached.


People vs. Soliman 1957
Victim’s good/bad moral character is not necessary in a crime of
murder where the killing is committed through treachery or
premeditation.

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

On
x-ray technologist board exam result


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, BENJ ERROL JOHN EPHRAIM FAJARDO
23. DELA CRUZ, DANICA JEAN VARGAS
24. EVANGELIO, RENALOU TAHUM
25. FAREN, RICA JOY DOMINGO
26. GAITOS, JEVON SION
27. HAYAD, AMINA MADISA
28. HILADO, JOYCE TIERRA
29. IGNACIO, PATRICK KYLE CALING
30. ISIP, IRA JONATHAN ASPRER
31. JUHAN, ALFAISAL ELANG
32. JUKNI, SITTI RASIDA SAADA
33. LEGANDEN, SANTY DATO-ON
34. LUGTU, ROSE ANNE MOLINA
35. MAGDALAS, JANICE GUIAWAN
36. MARCELINO, WILMAORPIANO
37. MATA, JESUS FAJARDO
38. MEDRANO, JAY LORD ELUMBA
39. MOHAMMAD, SONNY PALSON ADALID
40. MOHAMMAD ALI, AMERAH SAAD
41. NUEVO, JOHARE GUINANG
42. PACINO, GRETCHEN LINDA
43. PAJARILLAGA, MAMETH FACTOR
44. PARAGAS, MARJORIE CUEVAS
45. PASCUAL, IDA MARIE APRIL JARAVATA
46. RILLO, KRIZZA FAYE GEVERO
47. SAID, RAHIMA HASICUM
48. SAN PEDRO, GIA KRISTINE RAE SANTIAGO
49. SANGALANG, LEONORA DE GUZMAN
50. SIMBULAN, MICHAEL ANGELO CORPUZ
51. SUSA, RONNIE YAP
52. VALENTON, CHE ANN PASCUA
53. VALENZONA, DARREL ERIC GODOY 

Radiologic Technologist Board Exam Result July 2015

On
radiologic technologist board exam result


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


July 2019 Results


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




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 limited matters.

Opinion Of Expert Witnesses




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 qualify the witness;
2. Let him give his factual testimony, if he has knowledge of the
   facts
3. Begin the hypothetical question by asking him to assume certain
   facts as true
4. Conclude the question, by first asking the expert if he has an
   opinion on a certain point assuming that these facts are true
   and secondly, asking him, after he has answered affirmatively,
   to give his opinion on the point
5. After he has stated his opinion, ask him to give his reasons.


Hypothetical questions may be asked on an expert to elicit his
opinion. Courts, however, are NOT necessarily bound by the expert’s
findings.


What is the nature of expert opinions?
Suggested Answer:
Expert opinions are not ordinarily conclusive in the sense that
they must be accepted as true on the subject of their testimony,
but are generally regarded as purely advisory; the courts may place
whatever weight they choose upon such testimony and may reject it,
if they find that it is inconsistent with the facts in the case
or otherwise unreasonable.(Punzalan v. Commission on Elections,
et al., G.R. No. 126669; Meneses v. Commission on Elections, et al.,
G.R. No. 127900; Punzalan v. Commission on Elections et al.,
G.R. No. 12880; and Punzalan v. Commission on Elections, G.R. No.
132435 prom. April 27, 1998 citing Francisco on Evidence, Vol.
VII, Part 1, p. 662)


Testimony of handwriting expert not indispensable to COMELEC.
Handwriting experts, while probably useful, are not indispensable
in examining or comparing handwriting; this can be done by the
COMELEC itself. It was ruled by the Supreme Court that evidence
aliunde is not allowed to prove that a ballot is marked, an
inspection of the ballot itself being sufficient.

Opinion Rule



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. Knowledge acquired by doing is no less valuable
than that acquired by study.


Bar Exam 1994
At Nolan’s trial for possession and use of the prohibited drug,
known as “shabu:, his girlfriend Kim, testified that on a
particular day, he would see Nolan very prim and proper, alert
and sharp, but that three days after, he would appear haggard,
tired and overly nervous at the slightest sound he would hear.
Nolan objects to the admissibility of Kim’s testimony on the
ground that Kim merely stated her opinion without having been
first qualified as expert witness. Should you, as judge,
exclude the testimony of Kim?


Suggested Answer
No. The testimony of Kim should not be excluded. Even though
Kim is not an expert witness, Kim may testify on her
impressions of the emotion, behavior, condition or
appearance of a person.

Testimony Or Deposition At A Former Proceeding




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

learned treatises


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 therein, if the court takes judicial
notice or a witness expert in the subject testifies that the
writer of the statement in the treatise/periodical/pamphlet is
recognized in his profession/calling as expert in the subject.


Commercial List And The Like



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 or other 
published compilation, is admissible as tending to prove the truth 
of any relevant matter so stated if that compilation is published 
for use by persons engaged in that occupation and is generally
used and relied upon by them therein.


Philippines Most Expensive Colleges and Universities

philippines most expensive universities



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 for these expensive tuition fees.


Some of the schools listed above are unknown to me until now.


Its my first time to know such school as Enderum Colleges and
Information and Communications Technology Academy.


I personally judge the caliber of a Philippine Colleges and
Universities by its performance in the Professional Licensure
Examinations.


University of the Cordilleras in Baguio City for instance is
a consistent Top performer in the Criminology Licensure
examination but it charges its students less than P20,000
per semester.


University of the Philippines in Diliman and all its other
campuses are consistent Top performer in the various Licensure
Examination but charges less than those listed above.


If I will turn back time and given a chance to choose a college
or university and money is not an issue, I will choose the
school with the best performance in the licensure or board
examination and not the school that charges the most
expensive tuition fees.


Entries In Official Records




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 prepared the report from persons who not only have personal
knowledge of the facts stated but must have the duty to give such
statements for the record.


People v. Cabrera Jr., G.R. No. 138266, April 30, 2003
It is well settled that entries in the police blotter should not
be given due significance or probative value as they are not
conclusive evidence of the truth of their contents but merely of
the fact that they were recorded. Hence, they do not constitute
conclusive proof.


The entries must be made at or near the time of transactions to
which they refer, and by a person deceased, or unable to testify,
who was in a position to know the facts therein stated.


The entrant must have personal knowledge of the facts stated by
him or such facts acquired by him from reports made by persons
under a legal duty to submit the same.(Salmon, Dexter& Co. v.
Wijangco)


Such record is prima facie evidence, if the person made the entries
in his professional capacity or in the performance of duty and in
the ordinary or regular course of business or duty.


The report submitted by a police officer in the performance of his
duties on the basis of his own personal observation of the facts
reported, may properly be constituted as an exception.
(Caltex v. Africa (1966)


Entries in a police blotter are not conclusive proof of the truth of
such entries.(People vs. Cabuang 1993)


Baptismal certificates or parochial records of baptism are not
official records.(Fortus v. Novero 1968)









Entries In The Course Of Business

entries in the course of business

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 therein stated.


Such entry is treated as prima facie evidence, if the person who
made the entries did so in his professional capacity or in the
performance of duty and in the ordinary or regular course of
business/duty.


If the entrant is available as a witness, the entries will not be
admitted as an exception to the hearsay rule but they may
nevertheless be availed of by said entrant as a memorandum to
refresh his memory while testifying on the transactions reflected
therein. (Cang Yui v. Gardner)


There is no overriding necessity to bring into court all the
clerks/EEs who individually made the entries in a long account.
It is sufficient that the person who supervises their work
testify that the account was prepared under his supervision and
that the entries were regularly entered into in the ordinary
course of business.(Yek Tong Fire & Marine Insurance v. Gutierrez)














Part of Res Gestae

part of res gestae

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 contemporaneous with the equivocal act


Parts of Res Gestae Grounds For Admissibility
1. Necessity – natural and spontaneous utterances are more
   convincing than the testimony of the same person on the
   stand.
2. Trustworthiness – the statement is made indistinctively.
   The facts speaking thru the party not the party talking about
   the facts.


It is essential that spontaneous statements should have been
caused by something startling enough to produce nervous
excitement. The declarant must be a witness to the event to
which the utterance relates. He must have personally observed
the fact. What the law distrusts is not the “after speech” but
the after thought.


Distinctions between Res Gestae in connection with a homicidal 
act and dying declaration
1. Res Gestae
   May be made by the killer himself after or during the killing
   or that of a third person

   Dying Declaration
   Can be made only by the victim

2. Res Gestae
   May precede or be made after the homicidal attack was
   committed.

   Dying Declaration
   Made only after the homicidal attack has been committed

3. Res Gestae
   Justification in the spontaneity of the statement

   Dying Declaration
   Trustworthiness based upon in its being given in awareness
   of impending death


Distinctions between verbal acts and spontaneous statements
1. Verbal Acts
   The res gestae is the equivocal act

   Spontaneous Statements
   The res gestae is the startling occurrence

2. Verbal Acts
   Verbal act must be contemporaneous with or accompany the
   equivocal act.

   Spontaneous Statements
   Statements may be made prior, or immediately after the
   startling occurrence.


What are the requisites for spontaneous exclamations as part 
of the res gestae ?
      Suggested Answer
      a. The res gestae is an equivocal act.
      b. The equivocal act must be material to the issue.
      c. The statement or question must be necessary for the
         understanding of the equivocal act.
      d. The statement must accompany the equivocal act.
         (Tracy's Handbook, 62 Ed., p. 222)


Give examples of spontaneous exclamations as part of the 
res gestae.
      Suggested Answer
      a. A conversation between two accused immediately after
         the commission of the crime overheard by prosecution
         witnesses. (People v. Reyes, 82 Phil. 563)
      b. A statement made by a wounded person shortly after a
         violent occurrence heard by another.
      c. The statement made by a shooting victim to persons
         who answered his cries for help that the accused shot him.


Explain the concept of res gestae.
      Suggested Answer
      A matter incidental to the main fact and explanatory of it,
      including acts and words which are so closely connected
      therewith as to constitute a part of the transaction, and
      without a knowledge of which the main fact might not be
      properly understood. (20 Am. Jur. 553)

      NOTES AND COMMENTS: What is admissible as part of res gestae
      is not the details of an occurrence, but the human assertions
      or statements about those details. (20 Am. Jur. 553-556)


Rationale behind admissibility of res gestae or why res gestae 
is an exception to the hearsay rule:
1. Necessity because such natural and spontaneous utterances
   are more convincing than the testimony of the same person on
   the stand. (Mobile v. Ascraft, 48 Ala. 31)
2. Trustworthiness because these statements are made instinctively.
   (Wesley v. Sate, 53 Ala. 182)


Bar Exam 2005
Dencio barged into the house of Marcela, tied her to a chair and
robbed her of assorted pieces of jewelry and money. Dencio then
brought Candida, Marcela's maid, to a bedroom where he raped her.
Marcela could hear Candida crying and pleading: "Huwag! Maawa ka
sa akin!" After raping Candida, Dencio fled from the house with
the loot. Candida then untied Marcela and rushed to the police
station about a kilometer away and told Police Officer Roberto
Maawa that Dencio had barged into the house of Marcela, tied the
latter to a chair and robbed her of her jewelry and money.
Candida also related to the police officer that despite her pleas,
Dencio had raped her. The policeman noticed that Candida was
hysterical and on the verge of collapse. Dencio was charged with
robbery with rape. During the trial, Candida can no longer be
located. (8%)

a. If the prosecution presents Police Officer Roberto Maawa to
testify on what Candida had told him, would such testimony of
the policeman be hearsay? Explain.

SUGGESTED ANSWER:
No. The testimony of the policeman is not hearsay. It is part of
the res gestae. It is also an independently relevant statement.
The police officer testified of his own personal knowledge, not
to the truth of Candida's statement, i.e., that she told him,
despite her pleas, Dencio had raped her. (People v. Gaddi,G.R.
No. 74065, February 27,1989)

b. If the police officer will testify that he noticed Candida
to be hysterical and on the verge of collapse, would such
testimony be considered as opinion, hence, inadmissible?
Explain.

SUGGESTED ANSWER:
No, it cannot be considered as opinion, because he was testifying
on what he actually observed. The last paragraph of Sec. 50,
Rule 130, Revised Rules of expressly provides that a witness may
testify on his impressions of the emotion, behavior, condition or
appearance of a person.




















How To Become A PNPA Cadet

how to become a pnpa cadet
How to Become a PNPA Cadet

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.  Must be able to perform physical fitness exercises and mental exercises
9.  No criminal, administrative or civil case or other derogatory records
10. Must not be a former PNPA cadet or other service academy cadet
11. Must pass the cadet admission test


Grounds for Medical Disqualifications:
1. Defective Visual Perception (color blindness, near-sighted/far-sighted with corrective eyeglasses or lens, nystagmus)
2. Physical Deformities Example: bowlegged or congenital defects
3. Perforated eardrum, chronic sinusitis, bleeding tendencies, hemorrhoids, hernia (if not treated), varicocele, extensive skin disorders
4. History of heart disease, hypertension, asthma, active PTB, kidney and liver diseases, epileptic seizure disorders, major operations; communicable diseases (such as AIDS, Hepatitis, VD, etc.
5. Full dentures, upper and lower, Cleft lip and palate, malocclusion, Deformities of the face, Open bite, Tongue-tied, missing of four(4) anterior or front teeth & Missing of six (6) posterior/molar teeth
6. Tattoos and other brotherhood marks, ear piercing (male only)
7. For Females: Goiter; History of pregnancy; Presence of breast mass, Painful menstruation
8. Any other similar defects which may hinder in the Cadetship Training Program.


Coverage of the PNPA Cadet Admission Test
1. Communication Skills
2. Logical and Reasoning Ability
3. Math and Sciences
4. General Information
5. Current Events
6. Values and Aptitude for the Service


How To Apply
Submit a duly accomplished application together with a self-stamped WINDOW ENVELOPE to the Office of the Registrar or mail to:

The Director, (Attn: Registrar), Philippine National Police Academy, Camp General Mariano N Castañeda, 4129 Silang, Cavite


Where To Get The PNPA Cadet Admission Application Form

You can download it in the PNPA website.

Dental Hygienist Board Exam Result June 2015

On
dental hygienist board exam result


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, ROJAN BEA THERESE PIQUERO
28. TIGUE, MARK LOUIE LANDAGAN
29. TORREPALMA, RONELYN RODELION
30. VACARRO, MARY KEZIAH MOVILLON
31. VALIENTE, JOHANNE MARIE UMADAC
32. VILLASANA, DELBIE CABRERA


The Following are the members of the Board of Dentistry which
gave the Dental Hygienist Board Examination:
1. Dr. Rannier F. Reyes, Officer-In-Charge
2. Dr. Gloria M. Bumanlag, Member
3. Dr. Steve Mark G. Gan, Member
4. Dr. Melinda L. Garcia, Member


De Ocampo College has the most number of examinees with 24.


The Exam's 1st Placer is Nathalie Adriano Nicomedes. She has a rating of 81.82%. She is a graduate of National University in Manila.


The Dental Hygienist Board Exam 2nd Placer and 3rd Placer are also a graduate of National University in Manila. They are Sherr Turbanada Bulagnir and Elizabeth Jamero Sumayo.