Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

An affidavit not subject to cross-examination is just a hearsay and cannot be admitted as evidence.

Admitting it amounts to grave abuse of discretion.

Remedy for a judgment is appeal

The rules of evidence cannot be insisted upon in a non-judicial proceeding.

Ongchia vs republic of the phils. 127240 – naturalization case

Incidental fraud – damages

Causal fraud – annulment

Fraud in contracts – rescission

Rules of evidence is different from rules of court

Electronic rules of evidence APPLY to criminal cases.

What is an obiter dictum?

Theres a difference between prrof and evidence. Evidence is the means t0 establish proof. Proof is the
result. Evidence is the means sanctioned by these rules in ascertaining the truth pertaining to a matter
of fact. – not the truth pertaining to a matter of law

A judgment on the pleading arises when there is no factum probandum.

A quasi-delict is a tort, but not all torts are quasi-delict. In quasi-delict you have to prove negligence.

Quasi-delict may also be called culpa contractual or culpa aquiliana??

May factum probandum la if capital offense it involved??? Not sure.

Evidence is not required in mandatory judicial notice. No factum probans/probandum needed.

Palpable mistake – slip of the toungue, very visible na mistake.

A judicial admission of a crime still needs fatum probandum. The corpus delicti must still be rpoved.
The admission must be corroborated with the evidence of the corpus delicti.

You might also like