Академический Документы
Профессиональный Документы
Культура Документы
2 types of admissions
Judicial (verbal or written)
Extra-judicial admissions
---------
What is a judicial admission?
assertion of fact against ones own interest
Judicial admission, per stated fact, can be in part lang of a sentence. (i.e. [I
received the 10M], but I paid it back.)
relevance v materiality
R is governed by rules on logic
M is governed by rules on substantive law and rules on pleadings.
Atillo III - proper objection here should have been grounded on materiality (kasi
yon ay not na in issue)
what happens to admission in original pleading when you amend the pleading? =>
admission will be considered an extra-judicial admission
[people v rullepa]
note: discussion btw object evidence v judicial notice
DOCUMENTARY EVIDENCE
essence:
(under the ROC)
- written expression
- as PROOF of its contents
- [readable by sight]
[Lee v People]
Provides the basis (requisites) for the presentation of secondary evidence:
1. L/D w/out BF
2. proponent must prove by a fair preponderance of evidence as to raise a
reasonable inference of the L/D of the original copy; and
3. Must be shown that a diligent and bona fide BUT unsuccessful search has been
made for the document in the proper place or places
[Compania Maritima]
- added a requisite for 130.3(c), voluminous records that cannot be found in
statute
- you must give the other party opportunity to study the underlying documents = so
the other party can be prepared for cross-examination
[Republic v Marcos-Manotoc]
PCGG: since nasa amin, edi public records siya kasi public officers kami
SC: Nuh bruh; yong nagissue ng document yong definition namin ng public officers or
ng within the custody of the issuing public officers. | 130.7 refers to public
officers who are by law the custodians of these documents