Remedial Law Notes

●  Photographs are admissible in evidence in motor vehicle accident cases when they appear to have been accurately taken and are proved to be a faithf…

The  filial privilege  rule is not strictly a rule on disqualification because a descendant is not incompetent or disqualified to testify against an as…

The  filial privilege  rule is not strictly a rule on disqualification because a descendant is not incompetent or disqualified to testify against an as…

Facts: Petitioner wife filed against respondent husband a petition for the declaration of nullity of marriage, with the dissolution of their conju…

Where the person against whom the privilege is claimed is the patient’s husband who testifies on a document executed by medical practitioners, his tes…

In order that the disqualification by reason of physician-patient privilege be successfully  claimed, the following requisites should concur: (1) the p…

Section 34 of Rule 132 of our Rules on Evidence provides that the court cannot consider any evidence that has not been formally offered. This rule, how…

Evidence not formally offered may be admitted and considered by the trial court provided the following requirements are present, first, the same must h…

●  The rule is that evidence not objected to is deemed admitted and may be validly considered by the court in arriving at its judgment. This is true e…

Extrajudicial confession before a bantay bayan taken without counsel is inadmissible in evidence. Facts:   Antonio Lauga was accused of qual…

Facts: Susan Ramirez filed a criminal case for arson against her brother-in-law Maximo Alvarez. The prosecution called to the witness stand its fi…

Facts: In 1970, Avelino Ordoño was charged with having raped his daughter, Leonora. The Fiscal presented the wife, Catalina Ordoño as the second pr…

Facts: Victoria filed a complaint for Falsification of Public Document against her husband, Benjamin. Victoria alleged that Benjamin falsified her …

Facts: Rodil Enterprises filed a Complaint for Unlawful Detainer filed against Luciano Tan, alleging that under a Contract of Sublease, Tan bound …

The amended complaint takes place of the original. Therefore, the admissions made in the original pleading, superseded by the amended complaint will b…

●   When Rule 26 states that a party shall respond to the request for admission, it should not be restrictively construed to mean that a party may not …

●   A party who judicially admits a fact cannot later challenge that fact as judicial admissions are a waiver of proof; production of evidence is dispe…

●   The authority of an attorney to bind his client as to any admission of facts made by him is limited to matters of judicial procedure. An admission …

●   The grounds cited unreasonable and oppressive are proper for subpoena ad duces tecum or for the production of documents and things in the possessio…