examination in evidence

1.The general rule is that the extrajudicial confession or admission of one accused is admissible only against the said accused but is inadmissible against the other accused. The same rule applies if the extrajudicial confession is made by one accused after the conspiracy has ceased. State the exception to this rule.

2. In cases where the victim could not testify on the actual commission of the rape because she was rendered unconscious at the time the crime was perpetrated, can the accused be still convicted of rape? What rules of evidence are applicable when met with this particular prosecutorial deficiency?

3. In a case for property heirship, the alleged niece testified about her ‘being a niece” to the decedent. She testified that allegedly, her deceased childless Aunt, the owner of the property in questions, since her lifetime had always declared her as her niece, who would be capacitated to inherit her property. The adverse party claims that it is hearsay evidence, and hence inadmissible.The Judge sustained the objection. Is the Judge Correct?

4. The general rule is that documents not formally offered in evidence cannot be considered by the court. State at least three exceptions of that rule.

5. What do you mean by the “ancient document rule”? What are the requisites?

 

6. To prove New York law and jurisprudence on damages, defendants presented the affidavit of Alyssa Walden, a New York attorney. The affidavit discussed various court decisions copies of which were attached to the affidavit. Is it sufficient as proof of foreign law?

 

7. Macagaling was charged with illegally possessing an unlicensed firearm.The prosecution did not obtain a certification from the Firearms and Explosive Office that he had no license.Under Sec. 2, Rule 131 of the 1964 Rules on Evidence, however, it was provided that: In criminal cases the burden of proof as to the offense lies on the prosecution. A negative fact alleged by the prosecution need not be proved unless it is an essential ingredient of the offense charged. Under the revised rules however, the second sentence was deleted.With the omission, must the prosecution still prove that the accused had not license to possess the firearm?

 

8. Robert Te was murdered. A suspect Famon was arrested and confessed to the crime incriminating Dulang and Feras. According to him, in his affidavit, sworn before a Judge, he was hired by Dulang and Feras to kill Te.

Issue: What is the effect of Famon's confession? Is the confession made by Famon binding on Dulang and Feras?

9. .How would you state your objections to the following:

A) : “You stated in your last testimony that you saw A driving the car, why are you now insisting that A was not driving”, when what the witness had merely said was that he had seen A seated on the front seat of the vehicle.

B) : Does ABC or did ABC produce the goods that your company was intending to buy?

C) “Tell us in your own words, what happed?”

d) “How is it that you can recollect a date as long ago as that and you cannot remember the day of the week?”

E) : “Did you know that the accused had been beating his wife nightly?:, when there is no prior evidence that such was the case. Or if the accused is the one asked: “When did you stop beating your wife?”, when there is no evidence that he had been beating his wife.

10. Explain the following terms: (a) adoptive admission (b) interlocking confessions (c) previous conduct as evidence (d) totality of circumstances test (e) chain of custody rule.