Syllabus - Evidence

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College of Law

TEACHING SYLLABUS ACA-F 08-01E.2


Syllabus in
EVIDENCE
SUBJECT

__________________ Semester, A.Y.

Schedule:
_____________ – Opening of Classes
__________________ Preliminary Examination
__________________ Midterm Examination
__________________ Final Examination (Graduating)
__________________ Final Examination (Non-Graduating)

Course Title: Evidence

Course Code: JD 339

VISION: Northwestern University envisions itself to be a premier institution of learning in Asia committed to excellence and ethical formation of global
relevance.

MISSION: Northwestern University is dedicated to develop individuals to become highly competent, socially responsible and ethically upright leaders.

INSTITUTIONAL OBJECTIVES:

Concomitant to its role as a university in which higher learning, research, and community extension are developed and nurtured, Northwestern
University adopts the following objectives where excellence as a way of life is its rallying point.

1. To provide a strong educational foundation by offering and maintaining comprehensive basic/general education programs and strengthening pillars of knowledge
in the academy in order to produce functional graduates who will be able to meet the needs of both local and global markets.
2. To mold and prepare students and employees for responsible leadership and effective citizenship, and to be socially responsible through the inculcation of the
ideals of democracy and positive values in all aspects of their life.
3. To provide a strong and comprehensive training and development programs for students’ professional growth and advancement and equip them with competitive
advantage in these changing times.
4. To align and harmonize the research and extension programs with the local, regional, national and global thrusts.
5. To explore and expand linkages with local and international agencies.

Name of the Program: Juris Doctor (JD)

Program Objectives:

The basic law program students through the revised model curriculum shall:
1. Intimately related to the issue of access to justice as a matter of public interest.
2. Train law students for democratic governance and in empowering them to participate actively in national life.
3. Prepare law students for leadership in, and service to, the society.
4. Imbuing the law students with a sense of history, responsibility and mission.
5. Enable the law student to acquire the necessary legal knowledge, skills and attitudes and be of tangible service to their local communities and the nation, at every level of
legal studies, whether or not they qualify for the practice of law.
6. Responsive to the current challenges such as gender sensitivity, health and environmental issues, as well as to the future needs of the Philippines and the world.
7. Holistically formed by providing them with the foundational mindset, knowledge, skills and attitudes to enable them to engage in lifelong learning.

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President


General Outcomes:

The basic law program through the revised model curriculum shall produce graduates who are professionally competent, practice-ready, active, self-
directed and life long learners, responsible, highly ethical, honorable, socially mindful and gender sensitive; willing leaders and servants; and thinkers and
innovators in law. This goal is without prejudice to the academic freedom of LEIs to enhance their program design.

Course Description:
A course that deals with the study on the rules on Evidence which starts from the general provisions, judicial notice and admissions, rules on
admissibility, burden of proof, presentation of evidence, weight and sufficiency of evidence, and the perpetuity of testimony, The course also included the Chain
of Custody Rule which every law enforcer should know and master considering the prevalence of drug cases in the country.

Outline of the Course:


(Note: Refer to the table of contents of the course or subject and other references (Omit details)

Contents

I.ADMISSIBILITY OF EVIDENCE (Rule 128, Secs. 1-4) No. of Week/s

A. Admissibility

B. Relevance (Rule 128, Secs. 3&4)

C. Competence

1. Rules on Competence (Rule 128, Sec. 3)

2. Exclusionary Rules Under 1987 Constitution (Art. III, Secs. 2 & 3; 12; 17)

3. Statutory Rules of Exclusion

a) Tax Reform Act of 1997 (Sec. 201)

b) R.A. 1405, Law on Secrecy of Bank Deposits

c) R.A. 4200, Wiretapping Act

II.WHAT NEED NOT BE PROVED (Rule 129, Secs. 1-4; Rule 10, Sec. 8)

A. Judicial Notice

B. Judicial Admissions

III.REAL AND DEMONSTRATIVE EVIDENCE (Rule 130 Sec. 1; Sec. 2)

IV.BEST EVIDENCE RULE No. of Week/s

(Rule 130 Secs. 2-8; Rule 132, Secs. 25 & 27; R.A. 8792, Electronic Commerce Act, Secs. 5, 6-15; Rules on Electronic

Evidence (REE), Rule 2, Secs. 1, 3, 4)

V.PAROL EVIDENCE RULE (Rule 130 Sec. 9; Civil Code Art.1403)

VI.INTERPRETATION OF DOCUMENTS No. of Week/s

(Rule 130, Secs 10-19; Civil Code Arts. 1370-1379)

VII.QUALIFICATION OF WITNESS

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President


A. Mental Incapacity or Immaturity (Rule 130 Secs. 20 & 21)

B. Marital Disqualification (Rule 130, Sec. 22)

C. Dead Man’s Statute (Rule 130, Sec. 23)

PRELIM EXAMINATION Date

VIII.PRIVILEGED COMMUNICATIONS No. of Week/s

A. Marital Communications (Rule 130, Sec. 24.a)

B. Attorney-Client Privilege (Rule 130, Sec. 24.b)

C. Physician-Patient Privilege (Rule 130, Sec. 24.c)

D. State Secrets (Rule 130, Sec. 24.e)

E. Parental & Filial Privelege (Rule 130, Sec. 25; Civil Code, Art. 215)

F. Newsman’s Privilege (R.A. 43, as amended by R.A. 1477)

IX. ADMISSIONS AND CONFESSIONS

A. Admissions Against Interest (Rule 130, Secs. 26 & 32)

B. Compromises (Rule 130, Sec. 27)

C. Res Inter Alios Acta (Rule 130, Sec. 28)

D. Exceptions to Res Inter Alios Acta Rule

a. Partner’s/Agents Admissions (Rule 130, Sec. 28)

b. Co-conspiratotor’s Statements (Rule 130, Sec. 30)

c. Admission By Privies (Rule 130, Sec. 31)

E. Confessions (Constitution, Art. III, Sec. 17; Rule 130, Sec. 33; Rule 115 (e)

X. CONDUCT AND CHARACTER AS EVIDENCE No. of Week/s

(Rule 130, Secs. 34-35; 51; Rule 132, Sec. 14)

XI. HEARSAY RULE

A. Testimonial Knowledge (Rule 130, Sec. 36)

B. Exceptions

a. Dying Declaration (Rule 130, Sec. 37)

b. Declaration Against Interest (Rule 130, Sec.38)

c. Pedigree (Rule 130, Sec. 39)

d. Family Tradition (Rule 130, Sec. 40)

e. Common Reputation (Rule 130, Sec. 41)

f. Res Gestae (Rule 130, Sec. 42)

g. Entries in the Course of Business (Rule 130, Sec. 44)

h. Official Records (Rule 130, Sec. 45)

i. Official Records (Rule 130, Sec. 45)

j. Learned Treatises (Rule 130, Sec. 46)

k. Prior Testimony (Rule 130, Sec. 47)

MIDTERM EXAMINATION Date

XII. OPINION (Rule 130, Secs. 48-50) No. of Week/s

XIII. BURDEN OF PROOF AND PRESUMPTIONS (Rule 131,

Secs. 1-4)

A. Civil Cases

B. Criminal Cases

C. Presumptions

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President


XIV. PRESENTATION OF EVIDENCE No. of Week/s

A. Examination of Witness (Rule 132, Secs. 1-18)

B. Rules on Examination of a Child Witness

C. Rules on Electronic Evidence (Rule 10)

A.-C.

1. Examination in Open Court

2. Leading Questions

3. Impeaching One’s Own Witness

4. Cross-Examination

5. Impeachment By Bias

6. Impeachment By Prior Inconsistent Statement

7. Impeachment by Other Means

8. Refreshing Recollection

9. Recalling Witnesses

10. Exclusion of Witness

D. Authentication and Proof of Documents

(Rules 132, Secs. 19-33; E-Commerce Act, Secs. 5, 6-15; Rules 5, 6, 9 & 11)

F. Offer and Objection (Rule 132, Secs. 34-40)

XV. WEIGHT & SUFFICIENCY OF EVIDENCE

(Rule 133, Secs. 1-7; REE, Rule 7) No. of Week/s

XVI. JUDICIAL AFFIDAVIT RULE (A.M. No. 12-8-8-SC)

FINAL EXAMINATION Date_______

Final Examination

(Graduating)

Date_______

Examination (Non-

Graduating)

Methods of Teaching Used:

Recitation on assigned topics

Oral Report on Case Digests

Lectures

Group Discussions

Other methods may be used

Educational Tools:

Checking of Attendance

Giving and checking of assignments

Submission of Case Digests

Quizzes

Long tests

Graded Recitations

Periodical Examination

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President


Prepared by:
Reviewed and Recommended by:
Dean

Approved by:

_____________________________

Vice President for Academic Affairs

Issue Status: 4 Revision: 2 Date: 22 August 2023 Approved by: President

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