Thursday, March 31, 2016

DEMURRER TO EVIDENCE:

    A demurrer to evidence is defined as “an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue.” The Supreme Court held that a demurrer to evidence “authorizes a judgment on the merits of the case without the defendant having to submit evidence on his part, as he would ordinarily have to do, if plaintiff’s evidence shows that he is not entitled to the relief sought.” (OROPESA VS. OROPESA [2012]).

Tuesday, March 29, 2016

DISTINCTION BETWEEN FINAL AND INTERLOCUTORY ORDER:

    The first disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing more to be done except to enforce by execution what the court has determined, but the latter does not completely dispose of the case but leaves something else to be decided upon. An interlocutory order deals with preliminary matters and the trial on the merits is yet to be held and the judgment rendered. The test to ascertain whether or not an order or a judgment is interlocutory or final is: does the order or judgment leave something to be done in the trial court with respect to the merits of the case? If it does, the order or judgment is interlocutory; otherwise, it is final. (PAHILA-GARRIDO VS. TORTOGO [2011]).

Monday, March 28, 2016

DISTINCTION BETWEEN JUDGMENT ON THE PLEADINGS AND SUMMARY JUDGMENT:

Simply stated, what distinguishes a judgment on the pleadings from a summary judgment is the presence of issues in the Answer to the Complaint.  When the Answer fails to tender any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by admitting the truthfulness thereof and/or omitting to deal with them at all, a judgment on the pleadings is appropriate. On the other hand, when the Answer specifically denies the material averments of the complaint or asserts affirmative defenses, or in other words raises an issue, a summary judgment is proper provided that the issue raised is not genuine.

   “A ‘genuine issue’ means an issue of fact which calls for the presentation of evidence, as distinguished from an issue which is fictitious or contrived or which does not constitute a genuine issue for trial.” (BASBAS VS. SAYSON [2011]).

Tuesday, March 22, 2016

DEAD MAN’S STATUTE: THE “DEAD MAN’S STATUTE” PROVIDES THAT IF ONE PARTY TO THE ALLEGED TRANSACTION IS PRECLUDED FROM TESTIFYING BY DEATH, INSANITY, OR OTHER MENTAL DISABILITIES, THE SURVIVING PARTY IS NOT ENTITLED TO THE UNDUE ADVANTAGE OF GIVING HIS OWN UNCONTRADICTED AND UNEXPLAINED ACCOUNT OF THE TRANSACTION:

 But before this rule can be successfully invoked to bar the introduction of testimonial evidence, it is necessary that:  1.  The witness is a party or assignor of a party to a case or persons in whose behalf a case is prosecuted; 2.  The action is against an executor or administrator or other representative of a deceased person or a person of unsound mind; 3.  The subject-matter of the action is a claim or demand against the estate of such deceased person or against person of unsound mind; and 4.  His testimony refers to any matter of fact which occurred before the death of such deceased person or before such person became of unsound mind.”

    Well entrenched is the rule that when it is the executor or administrator or representatives of the estate that sets up the counterclaim, the plaintiff, may testify to occurrences before the death of the deceased to defeat the counterclaim. Moreover, as defendant in the counterclaim, respondent is not disqualified from testifying as to matters of fact occurring before the death of the deceased, said action not having been brought against but by the estate or representatives of the deceased. (Sunga-Chan vs. Chua [2001]).

Monday, March 21, 2016

CONFESSIONS TO THE MEDIA:

   The accused’s confessions to the media were properly admitted. The confessions were made in response to questions by news reporters, not by the police or any other investigating officer. The Supreme Court held that statements spontaneously made by a suspect to news reporters on a televised interview are deemed voluntary and are admissible in evidence. Accused’s argues, however, that the questions posed to him by the radio broadcaster were vague for the latter did not specify what crime was being referred to when he questioned accused. But, as the appellate court posited, accused should have qualified his answer during the interview if indeed there was a need. Besides, he had the opportunity to clarify his answer to the interview during the trial. But, as accused opted not to take the witness stand. (People vs. Hipona [2010]).

Friday, March 18, 2016

JUDGMENT OF AQUITTAL:

    A JUDGMENT ACQUITTING THE ACCUSED IS FINAL AND IMMEDIATELY EXECUTORY UPON ITS PROMULGATION, AND THAT ACCORDINGLY, THE STATE MAY NOT SEEK ITS REVIEW WITHOUT PLACING THE ACCUSED IN DOUBLE JEOPARDY.  Such acquittal is final and unappealable on the ground of double jeopardy whether it happens at the trial court or on appeal at the Court of Appeals. (PEOPLE VS. BALUNSAT [2010]).

Thursday, March 17, 2016

IN-COURT CONTEMPTS AND OUT-OF-COURT CONTEMPTS:

    A distinction between in-court contempts, which disrupt court proceedings and for which a hearing and formal presentation of evidence are dispensed with, and out-of-court contempts, which require normal adversary procedures, is drawn for the purpose of prescribing what procedures must attend the exercise of a court’s authority to deal with contempt. The distinction does not limit the ability of courts to initiate contempt prosecutions to the summary punishment of in-court contempts that interfere with the judicial process. (LORENZO SHIPPING CORPORATION VS. DISTRIBUTION BUTTON MANAGEMENT ASSOCIATION OF THE PHILIPPINES [2011]).

Friday, March 11, 2016

HEARSAY:

     Section 36 of Rule 130 of the Rules of Court provides that witnesses can testify only with regard to facts of which they have personal knowledge; otherwise, their testimonies would be inadmissible for being hearsay Since the witnesses merely attested to the voluntariness and due execution of the respective extrajudicial confessions of the accused, insofar as the substance of those confessions is concerned, the testimonies of the police witnesses are mere hearsay (Melanio Mallari Y Liberato vs. People [2004]).

Wednesday, March 9, 2016

SEARCH INCIDENTAL TO LAWFUL ARREST:

    Searches and seizure incident to a lawful arrest are governed by Section 13, Rule 126 of the Revised Rules of Criminal Procedure. The purpose of allowing a warrantless search and seizure incident to a lawful arrest is “to protect the arresting officer from being harmed by the person arrested, who might be armed with a concealed weapon, and to prevent the latter from destroying evidence within reach.” It is therefore a reasonable exercise of the State’s police power to protect (1) law enforcers from the injury that may be inflicted on them by a person they have lawfully arrested; and (2) evidence from being destroyed by the arrestee. It seeks to ensure the safety of the arresting officers and the integrity of the evidence under the control and within the reach of the arrestee. (PEOPLE VS. CALANTIAO [2014]).https://www.facebook.com/Villasis-Law-Center-784695934976279/?ref=aymt_homepage_panel

Monday, March 7, 2016

SEARCH INCIDENTAL TO A LAWFUL ARREST:

    Under Section 13, Rule 126 of the Rules of Court, "[a] person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. (People vs. Collado, [2013]).

Friday, March 4, 2016

PRELIMINARY MANDATORY INJUNCTION:

     A preliminary mandatory injunction is more cautiously regarded than a mere prohibitive injunction since, more than its function of preserving the status quo between the parties, it also commands the performance of an act. Accordingly, the issuance of a writ of preliminary mandatory injunction is justified only in a clear case, free from doubt or dispute When the complainant's right is doubtful or disputed, he does not have a clear legal right and, therefore, the issuance of a writ of preliminary mandatory injunction is improper. While it is not required that the right claimed by applicant, as basis for seeking injunctive relief, be conclusively established, it is still necessary to show, at least tentatively, that the right exists and is not vitiated by any substantial challenge or contradiction. (DELA ROSA VS. VALDEZ [2011]).

Wednesday, March 2, 2016

HYPOTHETICAL ADMISSION RULE:

   When a motion to dismiss is filed, the material allegations of the complaint are deemed to be hypothetically admitted. This hypothetical admission, extends not only to the relevant and material facts well pleaded in the complaint, but also to inferences that may be fairly deduced from them. (THE MUNICIPALITY OF HAGONOY, BULACAN vs. HON. DUMDUM, JR., [2010]).

Tuesday, March 1, 2016

DOCTRINE OF INDEPENDENTLY RELEVANT STATEMENTS:

    Evidence is hearsay when its probative force depends in whole or in part on the competency and credibility of some persons other than the witness by whom it is sought to produce. However, while the testimony of a witness regarding a statement made by another person given for the purpose of establishing the truth of the fact asserted in the statement is clearly hearsay evidence, it is otherwise if the purpose of placing the statement on the record is merely to establish the fact that the statement, or the tenor of such statement, was made. Regardless of the truth or falsity of a statement, when what is relevant is the fact that such statement has been made, the hearsay rule does not apply and the statement may be shown. As a matter of fact, evidence as to the making of the statement is not secondary but primary, for the statement itself may constitute a fact in issue or is circumstantially relevant as to the existence of such a fact. This is known as the doctrine of independently relevant statements. (ESPINELI VS. PEOPLE [2014]).