The 2020 Rules on Evidence restated for greater clarity the rules on character evidence. It also introduced a significant change by providing that character may be proved not only by reputation evidence but also by a witness’s opinion and, if character itself is directly in issue, by evidence of specific instances of conduct. Uses of…
In Part 2 of this note, I submit the view that there is no longer any capital offense because of R.A. No. 9346, effective 30 June 2006, which prohibits the imposition of the death penalty and repealed or modified all laws imposing such penalty. Hence Section 3, Rule 116 of the Rules of Criminal Procedure…
In People v. Pagal, G.R. No. 241257, 29 September 2020 (en banc), an information was filed in the RTC charging the accused with murder committed in 2008. Under the Revised Penal Code, any person found guilty of murder shall be punished by reclusion perpetua to death. At the time of the commission of the crime,…
Q: Seller sues buyer for ₱300,000, the unpaid balance of the price of the car bought by and delivered to the latter. The price of the car as stated in the deed of sale is ₱700,000. In his verified answer, the buyer contends that the actual price agreed upon was ₱400,000 which he had already…
Rule 22 of the Rules of Court lays down the rule for computing reglementary periods: “In computing any period of time prescribed and allowed by the Rules of Court, or by order of the court, or by any applicable statute, the day of the act or event from which the designated period of time begins…
Summary In the recent en banc case of Treyes v. Larlar, G.R. No. 232579, 8 September 2020, the Supreme Court declared that “the rule laid down in [Ypon v. Ricaforte, 700 SCRA 778 (2013)], Yaptinchay, Portugal …and other similar cases, which requires a prior determination of heirship in a separate special proceeding as a prerequisite…
A bar exam question asks whether an electric post is real or personal property. The bar examinee answers that it is personal property because an electric post is not included in the enumeration of real property under Article 415 of the Civil Code. The fallacy of the argument is clear. The examinee here failed to…
The NBI has the power to issue subpoena for the appearance of any person for investigation or production of documents, through its officers from the ranks of Regional Director to Director. (Sec. 4[b], R.A. 10867). DIsregard of the subpoena however is not punishable by indirect contempt, either by the NBI directly, because it has no…
In Italo Calvino’s The Nonexistent Knight, a medieval knight in shining armor sallies forth in search of adventures, romance, and honor. However, one who lifts the knight’s visor will find that there is no one inside the suit of armor. Section 23, Rule 14 of the 2020 Rules of Civil Procedure provides as follows: “Section…
Section 14, Rule 13 of the 2020 Rules of Civil Procedure provides that “the following orders, pleadings, and other documents must be served or filed personally or by registered mail when allowed, and shall not be served or filed electronically, unless express permission is granted by the Court.” One of the documents mentioned is a…