Q: What is burden of proof?

A: It is the duty of a party to present evidence to establish his claim or defense by the amount of evidence required by law (Sec. 1, Rule 131). It is also called onus probandi. Q: What is Electronic Data Message? A: Electronic data message refers to information generated, sent, received or stored by electronic, optical or similar means. Q: In what cases do the Rules on Electronic Evidence applies? A: It shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases Q: State the rule on the admissibility of electronic evidence. A: An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by the Rules on Electronic Evidence Q: To whom is the post-conviction DNA testing available? A: Post-conviction DNA testing may be available, without need of prior court order, to the prosecution or any person convicted by final and executory judgment. Q: What are the requisites for the applicability of the Post-conviction DNA testing? A: 1. Existing biological sample; 2. Such sample is relevant to the case; and 3. The testing would probably result in the reversal or modification of the judgment of conviction (Sec. 6). Q: What is the remedy of the convict if the post-conviction DNA testing result is favorable to him? A: The convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin. In case the court, after due hearing, finds the petition to be meritorious, it shall reverse or modify the judgment of conviction and order the release of the convict, unless continued detention is justified for a lawful cause Q: What is Parol Evidence? A: It is any evidence aliunde (extrinsic evidence) which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. It may refer to testimonial, real or documentary evidence. Q: What is the rationale of the parol evidence rule? A: 1. To give stability to written statements; 2. To remove the temptation and possibility of perjury; and 3. To prevent possible fraud. Q: What is ephemeral electronic communication? A: It refers to telephone conversations, text messages, chat room sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained. Q: Are text messages admissible as evidence? A: Yes. Text messages have been classified as ephemeral electronic communication under Section 1(k), Rule 2 of the Rules on Electronic Evidence, and shall be proven by the testimony of a person who was a party to the same or has personal knowledge thereof Q: How shall ephemeral electronic communication be proven? A: It shall be proven by the testimony of a person who was a party to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses, other competent evidence be admitted. A recording of the telephone conversation or ephemeral electronic communication shall be covered by the immediately preceding section. If the foregoing communications are recorded or embodied in an electronic document, then the provisions of Rule 5 regarding Authentication of Electronic Documents shall apply. Q: What are the requisites for an ancient document to be exempt from proof of due execution and authenticity (rule on ancient document/authentic document rule)? A: 1. The private document be more than 30 years old; 2. That it be produced from a custody in which it would naturally be found if genuine; and 3. That it is unblemished by any alteration or circumstances of suspicion Note: Ancient document rule applies only if there are no other witnesses to determine authenticity. Q: What is the reason underlying the adoption of the dead man statute? A: To guard against the temptation to give false testimony in regard of the transaction in question on the part of the surviving party and to discourage perjury. Q: What is tender of excluded evidence or offer of proof? A: When an attorney is not allowed by the court to present testimony which he thinks is competent, material and necessary to prove his case, he must make an offer of proof. This is the method properly preserving the record to the end that the question may be saved for purposes of review. Past Recollection Recorded - A witness may testify from such writing or record, (as in the case in revival of present memory) though he retain no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution. Q: What is tender of excluded evidence or offer of proof? A: When an attorney is not allowed by the court to present testimony which he thinks is competent, material and necessary to prove his case, he must make an offer of proof. This is the method properly preserving the record to the end that the question may be saved for purposes of review.