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61 views5 pages

evid

syllabus

Uploaded by

Romavel Delos santos
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Law 321: Evidence (4 units)

Course Outline

Semester 2nd, AY 2024 - 2025

A. Class rules:

1. Students are required to attend classes. UCC College of Law rules on attendance will be strictly
implemented.
2. No gadgets are allowed inside the classroom unless otherwise permitted by the professor. Gadgets shall
be in the bags of students ON SILENT MODE or TURNED OFF during the entire class. Any student who
will violate this rule will be marked as absent during that session and shall not be allowed to participate
and be present inside the classroom.
3. Only a copy of the codal provisions of the assigned law/issuances shall be permitted on the desk of
students during recitation. A handwritten digest and notes shall be allowed. No digital format of notes
shall be allowed on the desk of the students at any time during recitation.
4. Any unauthorized recording of the professor’s lecture or any part of the class is prohibited and shall be
grounds for automatic failure in this class. The matter shall likewise be elevated and reported to the Dean
of the College.
5. Students are expected to be ready for recitation during classes, and shall be graded accordingly.
6. The learnings in our class in Evidence is meant to be practiced in the courts of our land. Rules on
decorum, dress code, and conduct in trial courts shall be strictly followed in class.

B. Assigned Readings: Students are REQUIRED to know and understand all relevant provisions of
the following laws and issuances:

1. A.M. No. 19-08-15-SC


2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE

2. A.M. No. 01-7-01-SC


RULES ON ELECTRONIC EVIDENCE

3. REPUBLIC ACT NO. 8792 June 14, 2000

AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC COMMERCIAL AND
NON-COMMERCIAL TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL USE
THEREOF, AND FOR OTHER PURPOSES

4. REPUBLIC ACT No. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE
PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
5. A.M. No. 12-8-8-SC JUDICIAL AFFIDAVIT RULE

6. A.M. No. 19-10-20-SC 2019 PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL
PROCEDURE

C. Case Law: Students are REQUIRED to read the following assigned cases:

Rule 128
Bustos vs. Lucero, 81 Phil. 640 Consti v. Rules; Remedial and Procedural; substantive v. procedural law
Bayasen vs. CA, 103 SCRA 197
BSB Group vs. Sally Go, G.R. No. 168644, Feb. 16, 2010
Laygo et. al. vs. Atty. Mendoza, A.C. No. 5151, October 19, 2004
People vs. Domadao, G.R. No. 172971, June 16, 2010
People vs. Yatco, 97 Phil. 940

Rule 129

Atienza vs. Board of Medicine, G.R. No. 177407, Feb. 9, 2011


Metrobank vs. Miranda, G.R. No. 187917, Jan. 19, 2011
Sps. Del Rosario vs. Gerry Roxas Foundation, G.R. No. 170575, June 8, 2011
Heirs of Feraren, et. al. vs. CA, G.R. No. 159328, Oct. 5, 2011
Sps. Binarao vs. Plus Builders, Inc. G.R. No. 154430, June 16, 2006

Rule 130
Prats & Co vs. Phoenix Insurance, 52 Phil. 807
People vs. Moreno, 83 Phil. 286
U.S. vs. Ong Siu Hung, 36 Phil. 735
People v. Ogbac, 90 Phil. 235
Lim Cheng vs. Collector of Customs, 42 Phil. 876
Mahilum vs. CA, 17 SCRA 482
Tan vs. CA, G.R. No. 56866, June 27, 1985
Director of Lands, G.R. No. L-29575, April 30, 1971
People vs. Mendoza y Vicente, G.R. No. 186387, August 31, 2011
People vs. Martin y Castano, G.R. No. 193234, Oct. 19, 2011
Republic vs. Sandiganbayan, G.R. No. 159275, August 25, 2010
National Power Corp. vs. Hon. Codilla, G.R. No. 170491, April 4, 2007
Atienza vs. Board of Medicine, G.R. No. 177407, Feb. 9, 2011
Country Bankers Insurance vs. Lagman, G.R. No. 165487, July 13, 2011
DECS vs. Del Rosario, G.R. No. 146586, Jan. 26, 2005
Ebreo vs. Ebreo, G.R. No. 160065, Feb. 28, 2006
Lee vs. People & Neugene Marketing, G.R. No. 159288, October 19, 2004

Rule 130

Sec. 27
People vs. Melanios, G.R. No. 180915, Aug. 9, 2010
People vs. Caritativo, G.R. Nos. 145452-53. June 10, 2003

Sec. 28
People vs. Español, G.R. No. 175603, Feb. 13, 2009
Pentagon Steel Corp vs. CA, G.R. No. 174141, June 26, 2009
Sec. 29
Estrada vs. Desierto, G.R. Nos. 146710-15. April 3, 2001
People vs. Carullo, G.R. No. 82351. April 24, 1998

Sec. 31
People vs. Bokingo G.R. No. 187536, Aug. 10, 2011
People vs. Janjalani, G.R. No. 188314, Jan. 10, 2011
Tamargo vs. Awingan, G.R. No. 177727, Jan. 19, 2010

Sec. 32
Bordalba vs. CA, G.R. No. 112443. January 25, 2002
Heirs of Maximo Labanon vs. Heirs of Constancio Labanon, G.R. No. 160711, Aug. 14, 2004

Sec. 33
Capila y Yruma vs. People, G.R. No. 146161, July 17, 2006

Sec. 34
People vs. Olivarez, G.R. No. 77865. December 4, 1998
People vs. Saldaña, G.R. No. 148518. April 15, 2004
People vs. Canoy, 90 Phil. 633
People vs. Mantes, et al, G.R. Nos. 117166-67. December 3, 1998
People vs. Suarez, et. al, G.R. No. 111193. January 28, 1997

Sec. 34 (Extrajudicial Confession)


People vs. Bokingo G.R. No. 187536, Aug. 10, 2011
People vs. Buntag, G.R. No. 123070. April 14, 2004

Sec. 37 (Dying declaration)


People vs. Labagala, G.R. No 184603, Aug. 2, 2010
Geraldo & Ariate vs. People, G.R. No. 173608, Nov. 20, 2008
People vs. Maglian, G.R. No. 189834, March, 30, 2011

Sec. 40 (Declaration against Interest)


Heirs of Gabatan vs. CA, G.R. No. 150206, March 13, 2009
PLDT vs. Bolso, August 17, 2007

Sec. 44 (part of the Res Gestae)


People vs. Siscar, G.R. No. 55649. 12/3/85
People vs. Reyes, 82 Phil 563

People vs. Araja, G.R. No. L-24780, 6/29/81


People vs. Balbas, G.R. No. L-47686, 6/24/83
People vs. Diva, G.R. No. L-15203, 3/29/61
People vs. Montoya, G.R. No. 178063, April 5, 2010
Zarate vs. RTC Br. 43, G.R. No. 152263, July 3, 2009

Sec. 47 (Former Proceedings)


Samalio vs. CA, G.R. No. 140079. March 31, 2005
Cariaga vs. CA & People, G.R. No. 143561. June 6, 2001

Sec. 52
Perez vs. People, G.R. No. 187246, July 20, 2011

Sec. 53
People vs. Castillo, G.R. No. 186533, August, 9, 2010
Hernandez vs. Juan-Santos, G.R. No. 166470, August 7, 2009

Sec. 54
People vs. Lee, G.R. No. 139070. May 29, 2002

Rule 131

Sec. 1
Algas vs. Garrido, A.M. No. 289-MJ, 11/15/74
Industrial Finance Corp vs. Tobias, G.R. No. L-41555, 7/27/77
People vs. Pajenado, G.R. No. L-27680-81 2/27/70
People vs. Macagaling, G.R. No. 109131-33, 10/3/94

Sec. 2
Read Arts. 1431-1439 Civil Code
Lazo vs. Republic Surety, G.R. No. L-27365, 1/30/70

Sec. 3
Bacasnot vs. Sandiganbayan, G.R. No. 60884, 11/5/87
People vs. Balansag, 60 Phil. 266
People vs. Sendaydiego, G.R. No. L-33252-54, 1/20/78
Sebastian vs. WCC, G.R. No. L-42587, 2/28/78
Madrigal vs. Del Rosario, 106 Phil 1165

Rule 132

Sec. 1
People v. Manalo, G.R. No. 55177, 2/27/87
People v. Estenzo, G.R. No. L-41166, 8/25/76
Suarez v. Tengco, G.R. No. L-17113, 5/23/61

Sec. 3
Beltran v. Samson, 53 Phil 570

Sec. 8
Ortigas v. Lufthansa, G.R. No. L-28773, 6/30/75
People v. Seneris, G.R. No. L-48883, 8/4/80
People v. Garospe, G.R. No. 51513, 5/15/84

Sec. 10
People v. Caparas, L-47411, 1/18/82
U.S. vs Baluyot, 40 Phil 385
People v. Relucio, G.R. No. L-38790, 11/8/78
Juan Ysmael Inc. v. Hashim, 50 Phil 132

Sec. 15
People v. Lua Chu, 56 Phil 44

Sec. 16
Borromeo v. CA, G.R. No. L-31342, 4/7/76

Sec. 19
Pacific Asia vs. NLRC, G.R. No. 76595, My 6, 1988

Secs 20,21,22
Lopez vs. CA, G.R. No. L-31494, Jan. 23, 1978

Section 30
Lopez vs. CA, G.R. No. 77008, Dec. 29, 1987

Rule 133

People vs. Peruelo, G.R. No. 50631, June 29, 1981


People vs. Marong, G.R. No. 56858, Dec. 27, 1982
People vs. Cielo, G.R. No. 64923, Oct. 31, 1984
People vs. Escalante, G.R. No. L-37147, Aug. 22, 1984
People vs. Kipte, G.R. No. L-26662, Oct. 30, 1971
People vs. Estocada, L-31024, Feb. 28, 1977
People vs. Mutuc. L-37578, April 24, 1984
People vs. Jara, G.R. No. 61356, Sept. 30, 1986
Biak-na-Bato Mining vs. Tanco, L-34267-68, Jan. 25, 1991

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