Chances are a bar examinee will be asked a question dealing with or related to the hearsay rule. The hearsay rule is an incredibly complex legal rule. I do not expect a bar examinee to be tested on the nuances of the rule, but an examiner would be likely to test a bar examinee’s knowledge…
Prior to the effectivity of the 2019 Rules of Evidence, a proponent who offered a hearsay statement in evidence must show that it fits within any of the exceptions to the hearsay rule, failing in which the statement would be denied admission. Now, the 2019 Rules of Evidence provide for a backdoor by way of…
Presumption and inference in civil cases To better understand the concept of a presumption in criminal cases, it is useful to look first at the technical meaning of an inference and a presumption in civil cases. An inference is a conclusion of fact drawn from proof of a fact or group of facts. A presumption…
Inference and Presumption An inference is a conclusion of fact drawn from proof of a fact or group of facts. A presumption is a legally mandated inference drawn from proof of a specified fact or group of facts (basic fact/s). Proof of the basic fact is also proof of the existence of the presumed fact…
One of the exceptions to the res inter alios acta rule and hence excluded from the hearsay rule is the statement of a conspirator. Such out-of-court statement is admissible against a co-conspirator as a vicarious admission pursuant to Section 31, Rule 130 of the Rules of Evidence, as amended in 2019, and which reads as…
An admission is defined in Section 27, Rule 130 of the Rules of Court as “[t]he act, declaration or omission of a party as to a relevant fact [which] may be given in evidence against him.” In other words, an admission is simply the adverse party’s statement offered in evidence against him. An admission is…
The remedies of an aggrieved person from the orders or rulings of the Ombudsman have been the subject of quite a few bar questions in remedial law. It is thus advisable for a bar reviewee to be familiar with these remedies. ADMINISTRATIVE CASES 1. In administrative cases before the Ombudsman where the decision imposes upon…
The phrase “in aid of its appellate jurisdiction” appears in some laws or rules on jurisdiction. For instance, P.D. No. 1606 provides that the Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of certiorari, prohibition, mandamus, and habeas corpus, in aid of its appellate jurisdiction. Likewise, Section 4, Rule…
In Mallion v. Alcantara, 506 SCRA 336 (2006), the petitioner husband filed a petition for declaration of the nullity of his marriage on the ground of the psychological incapacity of his wife (respondent). After trial, the court rendered judgment dismissing the petition because the husband failed to prove his wife’s psychological incapacity. The judgment having…
Question No. 18 of the 2016 Remedial Law Bar Examination reads as follows: “John filed a petition for declaration of nullity of his marriage to Anne on the ground of psychological incapacity under Article 36 of the Family Code. He obtained a copy of the confidential psychiatric evaluation report on his wife from the secretary…