1) Q What is Evidence? ‘A: Evidence is the means, sanctioned by these rules, of ascertaining in judicial procesdng the truth respecting ‘matter of fact 2) Q: What is factum probandum? Factum-probandum — is the ultimate fact or facts sought to be established, 3) Q: What is factum probans? A: -Ractum-probans — is the evidentiary fact or facts by ‘which factum probandum is to be established. 4) Qi What is Object or Real Evidence? A: Object or Real Evidence —is the kind ofevidence which is directly addressed to the senses of the court and consists of tangible things exhibited, viewed, or demonstrated in ‘open court. (See. 1, Rule 130) 5) Q: What is Documentary Evidence? ‘A: Documentary evidence — is an evidence which ‘consists of writing, recording, photographs, or any material containing words, sounds, numbers, figures, symbols, or their equivalent or other modes of written expression offered as proof of their contents. (Sec. 2, Rule 130)mice — is that evidence which Fiatstfom which the facts in issue s (Nover Bryan Salvador y 5, GR. No. 164266, July Thine’ Kind of evidence 12) Q: What is cumulative evidence? ‘A: Cumulative evidence — is the kind of evidence which is of the same kind and character tending to prove the ‘same proposition. 13) Q: What is positive evidence/testimony? ‘A: Positive evidence (Testimony) — is a kind of evidence in which a witness affirms that a fact did or did not oceur. (People vs. Alfonso, 16147 CR, February 1, 1978) 14) Q: What is negative evidence? As Negative Evidence — is a kind of evidence/testimony to prove that a certain fact did not exist 15) Q: What is prima facie evidence? A: Prima facie evidence — denotes evidence which, if Unexplained or uncontradicted, is sufficient to sustain the proposition it supports or to establish the facts — prima {facie means it is “sufficient to establish a fact or raise a presumption unless disproved or rebutted.” (Republic of the Philippines vs. Sandiganbayan [First Division), GR. No. 166859, April 12, 2011) 16) Q: What is conclusive evidence? ‘A: Conclusive evidence — is an evidence which estab- lishes the fact, (US us. Pons, 34 Phil. 733) 17) Q: What is substantial evidence? A: Substantial evidence — In proceedings before ‘administrative and quasijudicial agencies, the quantum of evidence required to establish a facts substantial evidence, or that level of relevant evidence which a reasonable mindffered in opposition GR. No. 190846, doubt? — is the required to convict an accused. A ‘on nothing less than in an unprejudiced mind mmuitted the crime, failing fed. If the prosecution f establishing the guilt to still pass on the Philippines vs. Rubio, G.R. Bnds of 4 trier of facts a firm fact in issue. is the Ikind of evidence which by I Evidence — is the kind of evi isexcluded by law or by theres 23) Q: What is relevant evidence? ‘A: Relevant evidence — is the kind of evidence which has ‘a relation to the fact in issue. (See, 3, Rule 128) 24) Q: What is material evidence? ‘A Material evidence — one that is directed to prove @ fact in issue as determined by the rules on substantive law and pleadings. (Bautista vs. Aparece, 51 OG 808) 25) Q: What is rebuttal evidence? ‘A: Rebuttal evidence — is any component evidence to explain, repel, counteract, or disprove adversary’s proof, It is receivable only where new matters have been developed by the evidence of one of the parties and is generally limited to a reply to new matters. (Ago Timber Corporation. us. Abaya, 07296:SP, July 31, 1978) 26) Q: What is sur-rebuttal evidence? ‘A: Sur-rebuttal evidence — Evidence in reply to or to rebut new matter introduced in rebuttal. (Sandakan vs. Sero, 29947-R, January 22, 1964) 27) Q: What is primary evidence? Primary evidence — is a kind of evidence which assures the greatest certainty of fact sought to be proved, and which does not in itself, indicate the existence of other and better proof, (Delta Motors Sales Corporation us. Bernardo, 66261-R, May 21, 1981) 28) Q: What is secondary evidence? evidence other than the A; Secondary evidence — is any evidence other t document itself eg. 1) a copy; 2) recital ofits contents in Sout authentic document; oF 3) recollection of the witness. (Sec. 4, Rule 130)e acid (DNA)? cid which is the chain ‘unique for the individual, the totality of the DNA genetic information directly cal samples, information derived ‘sample obtained from 2 Yetified and credible ‘the extraction of DNA © feneration of DNA profiles ‘and the comparison of the in the DNA testing of biological determining, with reasonable certainty, DNA obtained from two or more distinct originates from the same person (direct identification) if the biological samples originate from related persons (kinship analysis) 36) Q: What is DNA Analysis? ‘A: DNA Analysis — is a procedure in which DNA extracted from a biological sample obtained from an individual is ‘examined. The DNA io proceceed to generate a pattern, or ‘DNA profile, for the individual from whom the sample is taken. This DNA profile is unique for each person, except for identical twins. We quote relevant portions of the trial court’s February 3, 2000 order with approval. (Rosendo Herrera vs, Rosendo Alba, minor, represented by his mather ‘Anmi A. Alba, and Hon. Nimfa Cuesta-Vilches, Presiding Judge, Branch 48, Regional Trial Court, Manila, G.R. No. 148220, June 15, 2005) 37) Q: What is probability of parentage? ‘A: “Probability of Parentage” — means the numerical ceatimate for the likelihood of parentage of a putative parent ‘compared with the probability of a random match of two unrelated individuals in a given population. 38) Q: What is ephemeral electronic communica- tion? ‘A: Ephemeral electronic communication — refers to tele- phone conversations, text messages, chatroom sessions, Streaming audio, streaming video, and other electronic forms of communication the evidence of which is not re- corded or retained. (See, 1[fj, Rule 2 of the Electronic Docu- ment Rule — A.M. No. 01-7-01-SC) 30) Q: What is Electronic Signature? . distinctive ‘A: “Blectronic signature” — refers to any snark, characteristic and/or sound in electrouie fom‘having the initial ‘and the signer’s of certain facts ‘and act on without proof “Under the Rules of Court, ¥ or discretionary. Ws. Commission on ber 5, 2016) Privilege which consist of 8 the court where ing a certain part of p Inc. us, Ramirez, 44) Q: What is admission? A: Admission — is the act, ic Barty as toareevantfact may ein eens 45) Q: What is confession? ‘A: Confession — is an acknowledgment of A: con iment of one's guilt or 46) Q: What is self-serving declaration? ‘A: Self-serving declaration — It is a statement which has’ ‘been made extrajudicially by the party to favor his interest. It is inadmissible in evidence. & 47) Q: What is self-serving testimony? ‘A: Self-serving testimony — refers to the extrajudicial statement of a party which is being urged for admission in court. 48) Q: What is an offer of compromise? ‘A: Offer of compromise — is an offer to settle a dispute or difference amicably for the purpose of avoiding a lawsuit ‘and without admitting liability. (Black's Law Dictionary, Fifth Edition, p. 561) 49) Q: What is conspiracy? Conspiracy — is the combination or confederacy be- tween two or more persons formed for the purpose of com- mitting, by their joint efforts some unlawful or eriminal fact, or some act which is lawful in itself, but becomes un- lawful when done by the concerted action of the conspira~ tof, or for the purpose of using criminal or unlawful means. to the commission of art act not in itself lawful. (Black's Law Dictionary, Fifth Edition, p. 182) 50) Q: What is dying declaration? ‘A: Dying declaration — is an ante-mortem statement Which refers to the cause and surrounding circumstances, of the declarant’s death, made under the consciousness ofh, marriages and jerstood to be true , belief or practices, Mo son, or from ancestor to onary, Federico Moreno, 3rd otherwise inadmissible in »hearsay, which are sufficiently ‘the act they accompany and ex €xpression on what the in regards to facts 3° 57) Q: What is character evidence? ‘As Character evidence —is the evider standing in the community based on ‘Law Dictionary, Harry Camphell Black, ith Ed, 58) Q: What is a presumption? : ‘A: Presumption — is the logical inference of the truth or falsity t a point in dispute 59) Q: What is a presumption in law? A: Presumption of law — is an inference as to the existence of a fact not actually known, arising from its ‘usual connection with another which is known. 60) Q: What is a presumption of fact or hominis? ‘A: Presumption of fact or hominis — is a deduction ‘which reason draws from facts proved without an express direction to the effect. 61) Q: What is conclusive presumption? ‘A: Conclusive presumption (also known as “imperative presumption’ or “absolute presumptions” or ‘presumptions juris et de jure” — are presumptions which always hold as. true and cannot be overcome by evidence to the contrary: 62) Q: What is disputable presumption? ‘A: Disputable presumptions (also known as “prima facie presumptions? or “debatable presumptions” or “rebuttable presumptions” — are presumptions of law whieh always. hholds true only as long as they are not overcome by: competent evidence to the contrary 63) ‘A: Direct examination — is the examination witness by the party presenting him on the facts relevant to the issue. ‘What is direct examination? chief ofand he was duly notified are to appear thereat is unjustified or trial de novo? 00 Itis an application for @ set aside the judgment and tha the trial was improper iidicial errors that occurred. lin public, in the presence Accessible and open to the 72) Q: What is speedy trial? ‘As Speedy Trial — a trial conducted according to the law of criminal procedure and the rules and regulations, free from vexatious, capricious delays. (Kalaw vs. Apastol, 54 Phil. 857), 73) Q: What is joint or consolidated trial? ‘A: Joint or consolidated trial — When actions involving. ‘a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the ‘matters in issue in the actions; it may order all the actions. consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (Sec. 1, Rule 31 of the 1997 Rules of Civ Procedure) 74) Q: What is separate trial? ‘A: Separate trial — The court, in furtherance of convenience or to avold prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third- party complaint, of of any separate issue or of any number fof claims, cross-claims, counterclaims, third-party ‘complaints, or issue. (See. 2, Rule 31 of the 1997 Rules of Civil Procedure) 75) Q: What is trial by commissioner? ‘A: Trial by commissioner — By written consent of both parties, the court may order any or all of the issues in a ase 10 be referred to a commissioner to be agreed upon by the parties of to be appointed by the court. As used in these Rules, the word ‘commissioner” includes a referee fan auditor and an examiner, (See. 1, Rule 32 of the 1997 Rules of Cwil Procedure)witnesses from the the court, sit fact > is the elicitation of and answer of witness. ose Agaton R. Sibal, 1988 thing at a particular ¥S. Cebu Velez General , 1971) of a witness on » Skill, experience or training which he shown to possess, which: in evidence. (See. 52, Rule 130) 82) Q: What is negative testimony? ‘A: Negative testimony —Testimony of one present that dia notes or hear tat which in eained tbave ose. (Bisma vs. Ocampo, CR-02381, May 29, 1986) 83) Q: What is positive testimony? ‘A: Positive testimony — ‘Testimony of one present that hhe did see or hear that which is claimed to have occurred. (Bisma vs. Ocampo, CR-02381, May 29, 1986) 83) Q: What is false testimony? ‘A: False testimony — It isa false declaration under oath ‘against a person knowing itto be false which may result to conviction, acquittal, or liability 85) Q: What is self-serving testimony? Self-serving testimony — An extrajudicial statement of a party, favorable to him, which is being urged for ‘admission to court during the trial of the case. (Somaco us. Angelo, 64 0.G. 13154) 26) Q: What is hearsay testimony? ‘A: Hearsay testimony — Testimony offered against a party who had no opportunity to examine the witness. (People of the Philippines vs. Caballero, 24059-CR, June 13, 1964) 87) Q@ Whois a witness? ‘A: Witness — A person called in a judicial or similar proceeding to give testimony under oath. 88) Q: Who is a competent witness? ‘A: Competent witness — is witness who is not legally. disqualified from testifying in courts of justice, by reason ‘of mental incapacity, interest on the commission of crimes,cannot, while human to distort, magnify a cidents -32509, , a8 in the petition Act 473, as amended) that he personally knows fesidence requirement ali ions and none of the Bofthe Philippines. (Gonzales 3, May/25, 1979, 90 SCRA 196) testimony is worthy of Labor, 39 0.c. 1051) ‘Ap Dishonest witness — A witness. who remember things upon which he canna ready contradict ‘who declares that he forgets those pon he would | open to contradiction, nee Pe dict 05) Q: Whois an instrumental witness? ‘A: Instrumental witness — A witness who does not ‘merely attest to the signature of the testator, but also to the proper execution of the will, (Cuevas us, Achacoso, 88 Phil. 730), 96) Q: Who is a plausible witness? ‘A: Plausible witness — A witness who recreates the ‘emotion at the time of the original incident. (People of the Philippines vs. Valdemoro, 16159-CR, July 30, 1979) 97) @ Who tsa state witness? ‘A: State witness — An accomplice who gives evidence in. criminal proceeding, usually in the expectancy of lighter punishment or pardon. 98) Q@ Whois a child witness? ‘A: Child witness — is any person who at the time of giving testimony is below the age of 18 years. In child abuse cases, a child includes one over 18 years but is found by the court as unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, 6r discrimination because of a physical or mental disability ‘or condition, (Sec. fa), Rule on Examination of a Child Witness, A.M. No. 004-07-SC, December 15, 2000) 99) Q: Who is an expert witness? ‘A: Expert witness — A person who by study oF expe: Tience has acquired particular knowledge or experience ‘upon matters of technical knowledge and skill relating to a specific business or employment. (Dilag é Co. vs. Merced, 45.0.G, 5542)ho can perceive, perception to ‘and none of the which suggests to ‘examining party desires, § a question which assumes ‘witness or contrary to his, Which leaves the +108) Q: What is undenfable question? — A: Undeniable question — is a question that the cross-_ amine canes of he witness the answer hich he fatter eannoe deny. ’ 109) ‘Az Direct examination —is the examination in-ehief of a witness by the party presenting him on the facts relevant 1 the issue. ‘What is direct examination? 110) Q What is contradictory evidence? ‘As Contradictory evidence — refers to other testimony of the same witness, or other evidence presented by him in the same case, but not the testimony of another witness. 111) Q: What is prior inconsistent statement? [Az Prior inconsistent statements — refers to statements, oral oF documentary made by the witness sought to be {impeached on occasion other than the tral in which he is testitying. 112) Q: What is a private document? A: Private document — is any other writing, deed, or instrument executed by a private person without the intervention of a notary or other person legally authorized by which some disposition or agreement is proved or set forth, 113) Q: What is extrinste fraud? ‘A: trinsic fou — refers to an fraudulent ack ofthe Prcvallng arty nthe ligation whichis committed outside he tril ofthe ease, whereby the unsuccessfl party has team prevented om exhibiting uly sense, By aud oF decopion practiced on him by bis opponent. (hiipyine eae erie vm, Pillppine ol Developer: & Ddiment tne, GR. No, 176628, March 19, 2012)‘of the greater amount of stil to support onc side of @iack’s Law Dictionary, — is the concept that the its own probative value but proper degrees are considered LBeaterio, 28555.R, October 5. edging that he has Bie cominission of a crime: ica, 57 OG 6813) 1) Q What is One Day One Witness Rule? (Bar Exams 2008 and 2016) ‘Az tis a rule that examination of the witness must be terminated within one (1) day, inclusive of direct, eros redirect, and re-cross examinations, unless the court will allow otherwise 2) Qi What is Most Important Witness Rule? (Bar Exam 2016) ‘A: During pre-trial conference, the judge has the discretion to determine who are the most important ‘witnesses to be presented in the trial in order to limit corroborative testimonies. 2) Q: What is the Viatory Rights of the Witness Rule? ‘A: A witness who resides one hundred (100) kilometers away from the trial court where he is to travel in the ordinary course of travel, or he is a detention prisoner and no permission is obtained from the court in which the case is pending, then he cannot be compelled to comply with the subpoena or attend the trial 4) @: What is Equipose or Equiponderance of Evidence Rule? ‘A: When the circumstances are capable of two oF more inferences, one of which is consistent with innocence and the other is compatible with guilt, the presumption of innocence must prevail, and the court must acquit, (Peoplesticles obtained are the ‘of the Philippines vs, Philippines vs. Monit, SCRA 400) of Relaxed Admissibility 5 the Court laid down a bility of evidence to enable et the required amount of proof {indirect involvement in the und it @ fair and proper rule meismotto be rejected outright lunder the rules for as long ast ofthe Petition for the Issuance OF of Litbeth Laciaga vs. Maj” Commanding General of the Division, etal; in the Matter ice ofa Writ of Amparo in Favet 4s. Major General Reynalde ofthe Philippine Army's 104" Matter for the Petition for Favor of Carios Isaga™! Maldo Mapagu, Commandird General ofthe Phitppine Army's 10th al, GR No, 189689/GR. No. 189690/G.8, No, 1 November 13, 2012) 7) Q& What is Original Document Rule? ‘A: When the subject of inquiry is the contents of a document, writing, recording, photograph or other record, hho evidence shall be admissible other than the original document itself. (See. 3, Rule 130) 8) Qt What is Parol Evidence Rule? ‘A: When the terms of an agreement have been reduced to writing, itis considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms fother than the contents of the written agreement. (Sec. 10, Rule 120), ©) Q: What is the Rule on Falsa Demonstration Non Nocet? ‘A: tis a rule which states that where there are two (2) scriptions in a deed, the one as it were, super added to the other, and one description being complete and sufficient in itself, and the other which is subordinate ‘and super added is incorrect, the incorrect description or feature or circumstance of the description is rejected as a surplusage, and the complete and correct description is allowed to stand alone. (Please see: Myers vs. Ladd, 26 1, $15, 417) 10) Q: What is the doctrine of “presumed-identity approach” or “processual presumption”? A: Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours, (ATCI Overseas Corporation, Amalia G. Tkelat ‘dnd Ministry of Public Health: Kuwait vs. Ma. Josefa Bchin, GR. Mo, 178551, October 11, 2010)dangerous drugs or tage, from the time of the forensic laboratory bbe prejudiced by an act, , except as hereinatter of interlocking confe- made independently with fdentical with each other it ‘confirmatory of the other ar evidence against their ©” doctrine? dng, objects fating i ‘who has a right to be in t ‘subject to seizure and ma Tt applies when the following enforcement officer in sea™” of the evidence has a prior justifca: a sf tees hen non the discovery ofthe evidence in plain view is inudverten, and (¢) itis immediately apparent to the ofhcer that the item he observes may be etdcnce of mcrinm Sei ata or otherwise subject to sis, Telam cforean ng ‘st lawl make on nil incion oeopopees ee poston ffom which he ean paculay ew te area, it {is oouraeof uch awful int fase he tae anasto serosa ple of evidence nctminting the secant ane bet lh pe a hana ne decry Inverient (etc Pardo Peoples Puspone, GR. No. 190889, January 10, 2011) 8 . 16) Q: What is “Hypothetical Admission Rule”? ‘Az A motion to quash the information isthe mode by ‘which an accused assails the validity ofacriminal complaint or information filed against him for insufficiency on its face in point of law, or for defects which are apparent in the face of the information. ILis the hypathetical admission. of ‘the facts alleged in the information. The fundamental test in determining the sufficiency of the material averments in fan Information is whether or not the facts alleged therein, which are hypothetically admitted, would establish the essential elements of the crime defined by law. Evidence aliunde or matters extrinsic of the information are not tO be considered. To be sure, a motion to quash should be based on a defect in the information which is evident on its face, (People of the Philippines vs, Edgardo V. Odtuhan, GR No, 191566, July 17, 2013) 17) Q: What is the doctrine of parental privilege? ‘A: Parental privilege provides that "no person may be compelled to testify against his parents 18) Qi What is the doctrine of filial privilege? may be Filial privilege provides that no persor Compelled to testify against his other direct ascendants children or other direct descendants.fan executor or deceased person or d,can testify as toany ‘of unsound mind, wife privileged communi. {during or after the marriage the consent of the other as, inconfidence by one from except in a civil case by tthe other or the latter's direct (See, 24, fj, Rule 130) the practice of law cannot bbe examined as to any to him or her, or his oF Se of, or with a view 0 4n attorney's secretary Persons assisting the attorney be examined without the consentof hhis or her employer, concerning any fact the knowl which ae been segue in such epacy, Ses 24 29) Q: What is doctor-patient privileged communica tion rule? ‘A: A physician, peychotherapiot or person reasonably believed by the patient tobe authorized to practice medicine for psychotherapy cannot in a civil ease, without the ‘consent ofthe patient, be examined as to any confidential communication made for the purpose of diagnosis or treatment of the patients physical, mental or emotional condition, including alcohol or drug addiction, between the patient and his or her physician or paychotherapist. ‘This privilege also applies to persons, including members of the patients family, who have ‘participated in the Giagnosts or treatment of the patient under the airetion of the physician or psychotherapist. (Se. 24 (, Rule 130) 24) Q: What ie priest-penitent privileged communi- cation rule? A; A minister, priest or person reasonably believed to be 0 cannot, without the consent of the affected person, be ‘examined as to any, communication or confession made to or any advice given by him or her, in his or her professional character, in the course of discipline enjoined by the church to which the minister or priest belongs. (Sec. 24, (dj, Rule 130) 25) Q: What is state secrets privileged communica- tion rale? A: A public officer cannot be examined during bis term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure.GR. No. 180643, is one kind of privileged ‘the exceptions of the to be invoked, In the same ‘an information covered by the toacourtarbitrator will defeat of the privilege. (Department ional Corporation, G.R. tof medical, hospital oF Jury is ai in evidence as proof of civil or criminal iii ‘injury. 29) Q: What isthe rule on admission by a third party? ‘What is Res Inter Alios Acta Rule? ‘A: The rights of a party cannot be prejudiced by an act, declaration, of omission of another, except as hereinafter provided. (Sea. 25, Rule 135) 90) Q: What is First Hand Knowledge Rule? ‘A: The rule states that, a witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules, 31) Q: What is hearsay evidence/statement rule? ‘A: Hearsay is a statement other than on made by the declarant while testifying at a trial or hearing, offered to prove the truth ofthe facts asserted therein. A statement is (1) an oral or written assertion or (2) a non-verbal conduct of a person, ifit is intended by him or her as an assertion Hearsay evidence is inadmissible except as otherwise provided in these Rules. (Sec. 37, Rule 130) 32) Q: What is the principle of independent relevant, statement? (Bar Exam 1991) ‘A: Iti a statement which is relevant to the fact in issue independently of whether they are true or not 33) Q: What is the principle of Res Gestae? ‘A: Statements made by a person while startling occur- rence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the res gestae, So, also, statements accompanying an equivocal act material to the issue, and giving it a legel significance, may be received fas part of the res gestae (Rule 140, Sec. 42 of then Rules ofWhen the fact occurred, "at any other time when the ‘and knew that the same was fand may be inspected by the chooses, cross examine the yread itin evidence. (Sec. 16, Rule such writing or record, of the particular facts, Writing or record correctly Made, but such evidenc? 16, Rule 132) 98) Q: What is “Laying of the Rule”? i Dn ee ees on ae Soe Co ae ‘made such statements, and if so, allowed to explain them, Ifthe statements be in writing they must be shown to the ‘witness before any question is put to him concerning them, 39) Q: What is “Ancient Document Rule”? ‘A: Where a private document is more than thirty years fold, is produced from the custody in which it would hnaturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given. 40) Qi What is evidence on motion rule? ‘A: When a motion is based on facts not appearing of record the court may hear the matter on alfidavits or depositions presented by the respective parties, but the ‘court may direct that the matter be heard wholly or partly ‘on oral testimony or depositions. 41) Q: What is “Same Evidence Test Rule”? ‘Az Several tests exist to ascertain whether two suits relate to a single or common cause of action, such as whether the same cridence would support and_sustain-both the first and second causes of action (also known as the ‘same evidence” test), or whether the defenses in one case may be used to substantiate the complaint in the other. Also fundamental is the test of determining whether the cause of action inthe second case existed a the tine of the ing of the first complaint. (George Leonard S. Umale us. Canoga Pe Donat Corporation, GR. No, 167246, July 2, 2011)onal notice, collusion, ations on review litigation on claims ‘policy of preclusion, reeulting from ‘against the harassment ‘of the same disputes, ole what Lord Coke in the tobe the goal ofall law: “rest lent of a foreign court were plaintiff would be forced back aetion, rendering immaterial ‘Information Rule? means any information, orarbitration, expressly to be disclosed, or obtained ‘Would create a reasonable Source that the information ll inchide (1) communication, Bute resolution proceeding’, OF work product of the Party Participant, as defined i? Siatement made or which ‘occurs during mediation or for purposes of co Bee ares Sees, me aie calms ener ran ce «mal Peni, ane mente, ies mci ee Snares irae 45) Q: What is the doctrine of judicial notice? ‘Az Judicial notice is the cognizance of certain facts which judges may properly take and act on without proof because ‘they already know them. Under the Rules of Court, judicial notice may either be mandatory or discretionary. (Pilipinas: ‘Shell Petroleum Corporation us. Commission on Customs, GR. No, 195876, December 5, 2016) 46) Q: What is “Bursting-Bubble Theory”? ‘A: A presumption of law shall not apply if there is an ‘evidence to the contrary. 47) Q: What Communication? Doctrine of Absolute Privileged ‘Az Actions and uiterances in judicial proceedings so far as the actual participants therein are concerned and preliminary steps leading to judicial action of an official hhature have been given absolute privilege. (Medelarnaldo B. Belen us, People of the Philippines, G.R. No. 211120, February 13, 2017) 48) What is the “Doctrine of Apparent Authority”? ‘A: Asa rule, hospitals are not liable for the negligence ofits independent contractors. However, it may be found liable if the physician or independent contractor acts as an ostensible agent of the hospital. This exception is also known as the “doctrine of apparent authority.”