1a. A person CANNOT create evidence against himself. Under Article 3, Sec.

17 of the
Constitution states that “No person shall be compelled to be a witness against himself” This
right against self-incrimination is given to all persons who produces evidence in any
proceeding. on the other hand, only applies to testimonial compulsion. When the evidence
sought to be excluded is object evidence rather than an incriminating statement, the
accused may be called to testify.

1b. The rule of res inter alios acta states that the rights of a party cannot be prejudiced by
an act, declaration, or omission of another. It is a confession given extrajudicially by
another is binding only to the confessant, and will not be admissible against the other
accused.

The three Exceptions to this rule:

1. Sec. 30, Rule 130 - Admission by conspirator – The act or declaration of a conspirator
must relate and must be made during the existence of the conspiracy.

2. Sec. 31, Rule 130 – Admission by privies – the act or declaration was made by one who
derives title or property from another was made while the party is holding the title.

3. Sec 32, Rule 130- Admission by silence= The act or declaration made in the presence
and within the hearing or observation of a party who does or says nothing when the act or
declaration is such as naturally to call for action or comment if not true, and when proper
and possible for him to do so, may be given in evidence against him

1c. No, This only applies on a criminal cases, excluding criminal negligence cases, in a case
wherein a person acts with a disregard for risks to life and safety, is an offer of compromise
the same as admission of guilt. Under Sec. 27, Rule 130 of the Revised Rules on Evidence
states that “In criminal cases, except those involving quasi-offenses or those allowed by law
to be compromised, an offer of the accused of compromise may be received in evidence as
an implied admission of guilt.”

1d.Under Sec. 27, par. 3 of Rule 130 states that “A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to lesser offense, is not admissible in evidence against
the accused who made the plea or offer.” A plea that may be influenced with threats,
coercion, and could potentially endanger the correct legal outcome is not admissible
a.) The best evidence rule as understood in its general concept is deemed to be as the most accurate
document that can be presented to persuade the court and the opposing party that the contents of the
document and the document itself is real and true. It is also synonymous to the original document
rule which provides that the original document when produced is the accurate evidence.

b.) According to the Rules on Evidence as provided under the Rules of Court, the exception to the
original document rule is when the original document itself is not available to be presented anymore
and also when secondary evidence is allowed herein by the rules. Secondary Evidence as defined by
the Supreme Court, is an evidence that can be used as a substitute to the original document when the
original document is no longer available to be produced. A duplicate of the original document is also
admissible as evidence provided that it is a real counterpart of the original document and the original
document may no longer be presented.

c.) According to the Rules on Evidence as provided under the Rules of Court, the Parole Evidence
Rule is a rule in which the written agreement between parties containing all the terms that was agreed
upon shall be the accurate evidence to be used, no other evidence shall be presented other than those
in the agreed terms.

d.) According to the Rules on Evidence as provided under the Rules of Court, a witness is any person
that is sensible enough that can distinguish an event that happened and can provide the accurate
details of the event. Therefore, a child of tender age can be a witness as long as he is able to follow
the aforementioned requirements. A child is presumed to be a competent witness under the law.

a) It means that it is the needed and appropriate evidence that is relevant and its nature
can be used in court to prove the issue of the fact. Under Section 4, Collateral matters are
evidence that should have relation to the fact in issue as to induce belief in its existence or
non existence. Collateral matters shall not be allowed, except when it tends in any
reasonable degree to establish the probability or improbability of the fact in issue.

b) Under Section 34, When a person is charged with a specific crime, testimony may be
received of other similar acts, committed at the same time, for establishing the criminal
intent of the accused.

c) The 2 kinds of extra judicial admissions are voluntary and involuntary. Under Section 3 of
Rule 133 on the Rules of Court, An extra judicial Confession made by an accused , shall not
be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. It is
recognized as admissible evidence against the accused, it is based on the presumption that
no one will declare anything against himself unless such declarations were true.

d) In order for an extra judicial confession be admissible is first, the confession must be
voluntary; second, it must be made with the assistant of a competent and independent
counsel, preferably of the confessants choice; third, it must be express and; lastly, it must
be in writing. No, In order for the confession to be admissible in court, the requisites
should be followed which are. first, the confession must be voluntary; second, it must be
made with the assistant of a competent and independent counsel, preferably of the
confessants choice; third, it must be express and; lastly, it must be in writing.
2. a) It means that it is the needed and appropriate evidence that is relevant and its nature
can be used in court to prove the issue of the fact. Under Section 4, Collateral matters are
evidence that should have relation to the fact in issue as to induce belief in its existence or
non existence. Collateral matters shall not be allowed, except when it tends in any
reasonable degree to establish the probability or improbability of the fact in issue.

b) Under Section 34, When a person is charged with a specific crime, testimony may be
received of other similar acts, committed at the same time, for establishing the criminal
intent of the accused.

c) The 2 kinds of extra judicial admissions are voluntary and involuntary. Under Section 3 of
Rule 133 on the Rules of Court, An extra judicial Confession made by an accused , shall not
be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. It is
recognized as admissible evidence against the accused, it is based on the presumption that
no one will declare anything against himself unless such declarations were true.

d) In order for an extra judicial confession be admissible is first, the confession must be
voluntary; second, it must be made with the assistant of a competent and independent
counsel, preferably of the confessants choice; third, it must be express and; lastly, it must
be in writing. No, in order for the confession to be admissible in court, the requisites
should be followed which are. first, the confession must be voluntary; second, it must be
made with the assistant of a competent and independent counsel, preferably of the
confessants choice; third, it must be express and; lastly, it must be in writing.
4.a) Under Section 25 On Parental and filial privilege states that No Person may be compelled to
testify against his parents ,other direct ascendant.

The Nature of this is that there will no disqualification by reason of the relationship of the
person. but a filial privilege doesn't mean that the descendant was not incompetent to testify in
his or her own defense. but only a privilege not to testify. Under Art 215 of the Family Code
States that. "No descendant shall be compelled, in a criminal case, to testify against his parents
and grandparents, except when such testimony is indispensable in a crime against the
descendant or by on parent against the other."

This can be invoked in any case against any of his parents, direct descendants, children or
direct ascendants.

4.b) Hearsay rule means that a court must hear from the person/individual in order consider it
as evidence.

Even if hearsay evidence not objected to is admissible, it has no probative value and as
opposed to direct primary evidence, the latter always prevails.

4.c) Doctrine of independently relevant statements means that independent of whether the
facts stated are true or not, It is admissible in evidence because they are the facts in issue or
are circumstantial evidence of the facts in issue

4.d) A Dying Declaration is a statement of a dying person, made while aware of his impending
death, may be used as evidence of the cause and circumstances of his death in any matter
where his death is under investigation.

Is it not admissible in evidence if the declarant live but remain in comatose or in a "vegetable
stage" because under section 37 states that Dying Declaration is offered in a case wherein the
declarant’s death is the subject of the inquiry. In a case of comatose or in a “vegetable stage”
the declarant is still alive 
5. a. There are two matters on evidence which are deemed to be established without the
necessity of proof which are collateral matters and judicial notice. First, that matters of
Judicial Notice It is not essential that it be actually known to the judge. Second, The judge
on his own discretion, inform himself in any way which may seem best to him, and act
accordingly.

5. b. The Similarities of a Cumulative evidence and Corroborative evidence are that both
evidences introduced in court to the same point.

The difference is that Corroborative evidence when verifying details and to tends to
support proposition, this will support the testimony of a previous witness. thus, the judge
has the right to restrict cumulative evidence. While Cumulative evidence only repeats
evidence previously introduced at a trial.

Factum Probandum is an ultimate fact or the fact sought to be established. It refers to the
proposition Factum Probans is the evidentiary fact or the fact by which the factum
probandum is to be established. It refers to the materials which established the
proposition.

c. No, they are different. Real evidence is a material object that plays direct part in the
incident and the court may acquire knowledge thereof by actually viewing the object while
demonstrative evidence refers to exhibits used to illustrate or clarify oral testimony. /It can
be computer-generated animations, simulations, videos, models, graphs… Self-serving
evidence is held by courts as inadmissible evidence if there is no evidentiary value.

d. Marital disqualification is an absolute disqualification when the spouse testifies to any

fact affecting his or her spouse but the fact may be acquired. It is presumed that any
information received during the marriage is confidential and even if not confidential, the
spouse may still invoke the marriage disqualification stated undert Sec 22 of this ru;e which
is an absolute disqualification. It is not a permanent disqualification. There are three
instances mentioned as exceptions to the rule on disqualification; (1) When the testimony
was made outside the marriage (2) In a civil case by one spouse against another and (3) In a
criminal case for a crime committed by one spouse against the other or the latter’s direct
descendants or ascendants.