What is the purpose
of a new trial?
It is to temper the
severity of a judgment or prevent the failure of justice.
When can you file a motion for new trial?
At any
time before a judgment of conviction becomes final. (Rule 121, Sec. 1)
● A
motion for new trial should be filed with the trial court within 15 days from
the promulgation...
Physician-Patient Privilege
A person authorized to practice
medicine, surgery or obstetrics cannot in a civil case, without the consent of
the patient, be examined as to any advice or treatment given by him or any
information which he may have acquired in attending such patient in a
professional capacity, which information was necessary to enable him to act in
that capacity,...
Priest-Penitent Privilege
A minister or priest cannot, without
the consent of the person making the confession, be examined as to any
confession made to or any advice given by him in his professional character in
the course of discipline enjoined by the church to which the minister or priest
belongs. (Rule 130, Sec. 24 (d)
Requisites
a. Confession was made...
Public Officer’s Privilege
State Secret
A public officer cannot be examined
during his term of office or afterwards, as to communications made to him in
official confidence, when the court finds that the public interest would suffer
by the disclosure. (Rule 130, Sec. 24 (e)
Requisites:
1. It was made
to the public officer in official confidence
2. ...
Parental and filial privilege
Post under
Evidence
,
Rule 130
,
Rules of Admissibility
,
Testimonial Privilege
Sec. 25. Parental and filial privilege.—No person may be
compelled to testify against his parents, other direct ascendants, children or
other direct descendants.
Who may not be compelled to testify?
1.
Person against his parents or other direct ascendants (FILIAL PRIVILEGE)
2. Person against his children or other direct descendants...
Admissions of a party
Sec. 26. Admissions of a party. – The act,
declaration or omission of a party as to a relevant fact may be given in
evidence against him.
What is an admission?
●
An admission is an act, declaration or omission of a party as to a relevant
fact (Sec. 26, Rule 130, Rules of Court).
●
It is a voluntary acknowledgment...
Offer of compromise not admissible
Sec. 27.
Offer of compromise not admissible. – In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible in evidence against the
offeror. In criminal cases, except those involving quasi-offenses (criminal negligence)
or those allowed by law to be compromised, an offer of compromise by the
accused may be...
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