Circumstantial evidence

Cases can be decided on circumstantial rather than direct evidence, but there are particular requirements for the former to be relied on. Jurisprudence returns to this theme again and again:   Cases It is a settled rule that circumstantial evidence is sufficient to support a conviction, and that direct evidence is not always necessary. This is but … Continue reading Circumstantial evidence

Hearsay Evidence and the rule on Affidavits

What is hearsay evidence? Evidence, whether oral or documentary, is hearsay if its probative value is not based on the personal knowledge of the witness but on the knowledge of another person who is not on the witness stand.[1]   What is the rule on hearsay evidence? The rule against hearsay is in Section 36 … Continue reading Hearsay Evidence and the rule on Affidavits

Foreign citizens and the Bill of Rights in the Philippine Constitution

Are aliens in the Philippines entitled to the protections of Article III, the Bill of Rights under the 1987 Constitution? Yes. The Bill of Rights in our Constition generally applies to both aliens and citizens, thus the rights to due process and the rights of an accused under Article III of the 1987 Constitution are granted to a … Continue reading Foreign citizens and the Bill of Rights in the Philippine Constitution

The Case of the Vanished and Presumably Deceased Spouse

What if my husband or wife has been missing for years? Is he or she presumed dead? Can I remarry?   Law cases are inherently woven with the cloth of drama. They involve controverted issues that matter to the actors, which is why they cared to file suit in the first place. And our adversarial court … Continue reading The Case of the Vanished and Presumably Deceased Spouse