1. Substantive law creates, defines and regulates rights and duties regarding life, liberty or property which when violated gives rise to a cause of action.

Remedial law prescribes the methods of enforcing those rights and obligations created by substantive law by providing a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts.

2. What are the four component elements?

1.Means of ascertainment – includes not only the procedure or manner of ascertainment but also the evidentiary fact from which the truth respecting a matter of fact may be ascertained2.Sanctioned by the rules– not excluded by the Rules of Court3.In a judicial proceeding– contemplates an action or proceeding filed in a court of law4.The truth respecting a matter of fact –refers to an issue of fact and is both substantive (determines the facts needed to be established) and procedural (governs the manner of proving said facts).

3. Pasearch Saya n lng

Rules of exclusion

Exclusionary rules

4. General Rule: Evidence on collateral matters is NOTallowed. [Sec. 4, Rule 128] 

Exception: When it tends in any reasonable degreeto establish the im/probability of fact in issue.[Sec.4, Rule 128]

5. It abbreviate litigation by admission of matters that need no evidence because it is a substitute for formal proof of a matter by evidence.

6. Doctr ine  of p rocessua l  presumpt ion –  absent any  ev idence  o r

admiss ion , the   fo re ign   law in  ques t i on is presumed to be the same as that in the Philippines

7. By specifically denying it under oath and by settling forth what is claimed to be the fact.

8. Distinguish admission from confession.

ADMISSION A statement of fact which does not involve an acknowledgment of guilt or liability. May be made by third persons and in certain cases, are admissible against a party May be express or implied

CONFESSION A statement of fact which involves an acknowledgment of guilt or liabilityCan be made only by the party himself and, in some instances, are admissible against his co-accused.Always express

9.What are the elements of corpus delicti?  1. Proof of the occurrence of a certain event; and2. A person’s criminal responsibility for the act

10. Res inter alios acta alteri nocero non debet 

a . F i r s t   b r a n c hSection 20, the rights of a party cannot be prejudiced by an act, declaration or omission of another  EXCEPTIONS: where the third person is a partner, agent, joint owner, joint debtor or has a joint interest with the party, or is a co-conspirator or a privy of the party, during the existence of the partnership, conspiracy, etc. as established by evidence other than such act or declaration, or whileholding title to property in relation to suchb .

S e c o n d b r a n c hSec. 34, evidence that one did or did not do a certain thing at one time not admissible to prove that hedid or did not do the same/similar thing at another timeExceptions:it may be received to prove a specific intent or knowledge, identity, plan,system, scheme, habit, custom, or usage

11. object evidence must be: a. Relevant to the fact in issueb. authenticated by a competent witnessc. not a hearsayd. must meet additional requirement set by lawe. must be formally offered as evidence

12. No. Right against self incrimination does not apply to DNA extraction from accused because it involves only pure mechanical act.

The gist of testimonial compulsion is the use of reasoning on the part of accused or witness.

13. Admissibility of documentary evidence= execution of original document14.object evidence is when the inquiry is the existence of document whereas if it is the content, it is considered documentary evidence.

15 if unavailablea. Prove existenceb. Established its due executionc. Prove its loss or destructiond. Contents

16 Under Section 5, Article II of R.A. No. 9165, the elements necessary in a prosecution for the illegal sale of shabu are: 

the identity of the buyer and the seller; the object and the consideration; and the delivery of the thing sold and the payment for it.

The prosecution must prove that the sale of shabu took place. The corpus delicti— the body or substance of the crime which establishes the fact that acrime has actually been committed—must also be presented in court. In cases involving narcotics, the illegal drug itself constitutes the corpus delicti of the offense. The existence of the illegal drug is vital for the court to find the accused guilty beyond reasonable doubt. The “chain of custody” rule ensures that unnecessary doubts on the identity of the evidence are removed.

Supreme Court explained how it expects the chain of custody or “movement” of the seized evidence to be maintained. There must be testimony about every link in the chain, from the moment the object seized was picked up to the time it is offered in evidence. Every person who touched the object must describe 

how and from whom it was received, where it was, and what happened to it while in the witness’s possession,

the condition in which it was received, and the condition in which it was delivered to the next link in the chain.

These witnesses must describe the precautions taken to ensure that there had been 

1. no change in the condition of the object and2. no opportunity for someone not in the chain to possess the object. 17.Parol evidence: when a party puts in issue in his pleadingsa.Intrinsic ambiguity, mistake or imperfection in the written agreementb.F ailure of the written agreement to express the true intent of the parties;c.V alidity of the written agreement; ORd.E xistence of other terms agreed upon subsequent to the execution of thewritten agreement

18. How are notarial documents proved?

The document may be presented in evidence without further proof, the certificate of acknowledgment being prima facie evidence of the execution of the instrument or document involved(Sec. 30).

19. Who are qualified to be witnesses?

All persons who:1. can perceive and perceiving;2.can make known their perception toothers(Sec. 20, Rule 130);3.must take either an oath or an affirmation(Sec. 1, Rule 132; and4.must not possess the disqualifications imposed by law or the rules

What are the qualifications of a witness? A prospective witness must show that he has thefollowing abilities:1.To Observe –the testimonial quality of perception;2.To Remember –the testimonial quality of memory;3.To Relate –the testimonial quality of narration; and4.To Recognize a duty to tell the truth –thetestimonial quality of sincerity.

What are the rights of a witness?1.To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;2.Not to be detained longer than the interests of justice require;3.Not to be examined except only as to matters pertinent to the issue;4.Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law (right against self-incrimination)Note:This refers to immunity statutes wherein the witness is granted immunity from criminal prosecution for offenses admitted in his testimony e.g. under

Sec. 8,R.A. 1379, the law providing for the forfeiture of unlawfully acquired property ;and under P.D. 749, in prosecutions for bribery and graft.5 .Not to give an answer, which will tend to degrade his reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense (Sec. 3).

20 SURVIVORSHIP DISQUALIFICATION RULE What are the elements for the application of the rule?1.The defendant in the case is the executor or the administrator or a representative of the deceased or the person of un sound mind;2. The case is against the executor or the administrator or a representative of the deceased or the person of unsound mind;3. The subject matter of the action is a claim or demand against the estate of a deceased person or a person of unsound mind; and4.The testimony is as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind.(Sec. 23, Rule130)