EVIDENCE NOTES

Evidence
R128 S1
Evidence is the means sanctioned by the rules
of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
NOTE: Rules on evidence
JUDICIAL PROCEEDINGS

applies

only

1. CLINE (Rule 1) + quasi judicial and quasi

administrative bodies
2. Cases covered by Revised Rules on
Summary
Procedure
(except
in
ejectment cases)
3. Summ Pro Criminal cases where
witnesses submit affidavits and counter
affidavits,
subject
only
to
cross
examination, re direct, re cross, recall

to
Exception to CLINE + administrative, quasi
judicial bodies

Factum probans

Factum Probandum

Factum
Probandum
Ultimate
fact
sought
to
be
established; refers
to proposition

Ultimate facts
Proposition to
established
hypothetical

be

Proof
End
result;
probative effect of
evidence

Probative effect of
evidence and is the
conviction
or
persuasion of the
mind resulting from
the consideration of
the evidence

Factum Probans
Material evidencing
the
proposition;
evidentiary fact by
which the factum
probandum
is
established
Intermediate facts
Material evidencing
the proposition
Existent
Evidence
Means, sanctioned
by the Rules, of
ascertaining in a
judicial proceeding
the truth respecting
a matter of fact
Medium
or
the
means by which a
fact is proved or
disproved

The end product;

effect of evidence
There is proof only
because
of
evidence
Rules of evidence does not apply to:

By analogy, in a suppletory character, and

whenever practicable and convenient (Rule 1)

Exception to exception:
Electronic Evidence Rule
-

Applies to all proceedings, judicial or

quasi judicial, administrative, etc

In what instances can Factual Issues be

resolved without the need for evidence?
1. Judgment on the pleadings (Rule 34)
2. Pre Trial Conference
3. Admissions as far as pleadings are
concerned
4. Judicial admissions during proceedings

Sources of Evidence:
1.
2.
3.
4.

Rules 128-134 of the Rules of Court

1987 Constitution
SC Resolutions
AM 00-04-07-SC, Examination of Child
Witness Rule
5. SC decisions
6. Rules on Electronic Evidence
7. Rules on DNA Evidence
8. RA4200 (Anti Wiretapping Act)
9. New Civil Code
10. Revised Penal Code

Constitutional Basis of Rules on Evidence

A3 S2

The right of the people to be secure in their

persons, houses, papers, effects against
unreasonable
searches
and
seizures
of
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to
be determined personally by the judge after
examination of the oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the place
to be searched and the persons to be seized
(any evidence obtained in violation of this Rule
shall be inadmissible/incompetent evidence)
A3 S3
1. The privacy of communication and
correspondence shall be inviolable
except upon lawful order of the court, or
when public safety or order requires
otherwise as prescribed by law.
2. Any evidence obtained in violation of this
or the preceding section shall be
inadmissible for any purpose in any
proceeding.
NOTE: R128 S3, which states that evidence is
admissible when it is relevant to the issue
and IS NOT EXCLUDED BY THE LAW OR
THESE RULES

What law(s)?
1. 1987 Constitution
2. RA4200 (anti wiretapping act)
-

.. when it is relevant to the issue and

o Refers
to
RELEVANCY
OF
EVIDENCE

IS NOT EXCLUDED BY THE LAW OR

THESE RULES
o Refers
to
COMPETENCY
OF
EVIDENCE

A3 S12 (Right to custodial investigation,

Extrajudicial Confession, relate to R130 S33)
1. Any person under investigation for the
commission of an offense shall have the

right to be informed of his right to

remain silent and to have competent and
independent counsel preferably of his
own choice. If the person cannot afford
the services of counsel, he must be
provided with one. These rights cannot
be waived except in writing and in the
presence of counsel.
2. No torture, force, violence, threat,
intimidation, or any other means which
vitiate the free will shall be used against
him. Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited
3. Any confession or admission obtained in
violation of this or S17 hereof shall be
inadmissible in evidence against him
4. The law shall provide for penal and civil
sanctions for violations of this section as
well as compensation and rehabilitation
for victims of torture or similar practice
and their families
A3 S14
1. No person shall be held to answer for a
criminal offense without due process of
law
2. In all criminal prosecutions, accused
shall be presumed innocent until
contrary is proved (basis of R133 S2).
He shall also enjoy the right to:
a. Be heard by himself and counsel
b. To be informed of the nature and
cause of accusation against him
c. To have a speedy, impartial,
public trial
d. To meet the witnesses face to
face
e. To have compulsory process to
secure attendance of witnesses
and production of evidence in his
behalf
However, after arraignment, trial may proceed
notwithstanding the absence of accused
provided that he has been duly notified and
failure to appear is unjustifiable.

A3 S17 (relate to R132 S3 (4), R128 S2, R133

S3- relevant evidence )
No person shall be compelled to be a witness
against himself
NOTE however that the right (of accused and
any witness) against self incrimination is only
applicable to TESTIMONIAL EVIDENCE
Kinds of Evidence:
1. OBJECT EVIDENCE
-

Evidence addressed to the senses of the

court, through the judge (R130 S1)
o Court is the office, judge is the
person who can perceive using
the 5 senses

2. DOCUMENTARY EVIDENCE
-

Evidence consisting of writings or any

material containing letters,
words,
figures, numbers, symbols, other modes
of written expressions offered as proof of
their contents (130 S2)

9. POSITIVE EVIDENCE
-

Evidence showing that an event

transpired; affirmation of a witness that
a fact did or did not occur
10. NEGATIVE EVIDENCE
-

Evidence made during the trial when the

witness is presented in the witness stand

4. RELEVANT EVIDENCE
-

Evidence related to the fact in issue;

having value in reason as tending to
prove any matter provable in an action

Evidence not showing that event

transpired; when witness states that he
did not see or know of the occurrence of
a fact, and with total disclaimer of
personal knowledge

11. PREPONDERANCE OF EVIDENCE

-

Evidence which is of greater weight or

more convincing than that which is
offered in opposition to it
o In civil cases

12. SUBSTANTIAL EVIDENCE

-

3. TESTIMONIAL EVIDENCE
-

Additional evidence of a different kind

and character from that already given,
tending to prove the same point

Amount of evidence which a reasonable

mind might accept as adequate to justify
a conclusion

13. PROOF BEYOND REASONABLE DOUBT

-

Moral certainty of commission of crime,

producing conviction in an unprejudiced
mind

5. MATERIAL EVIDENCE

What kind of evidence is an AFFIDAVIT?

It depends.

Evidence directed to prove a fact in issue

as
determined
by
the
rules
of
sunbstantive law and pleadings

6. COMPETENT EVIDENCE
-

Evidence not excluded by law or these

Rules

If what is subject is its existence or non

existence, then it is object evidence. If what is
subject is the contents of an affidavit, then it is
documentary evidence. But if the contents of
the affidavit are testified to, then it is
testimonial evidence.

7. CUMULATIVE EVIDENCE
-

Additional evidence of the same kind

and character bearing on the same point
Same claims tending to prove single
proposition

8. CORROBORATIVE EVIDENCE

Admissibility
The evidence must
be relevant and not
excluded by law or
the
Rules

Competency
The evidence must
not be excluded by
law or these Rules

should be permitted to contradict it with

another improper evidence, or else, it
would result in disparity of rulings to his
prejudice

(competent)

Human Security Act

-

Applies same rule on admissibility

except in cases of terrorists, unlawful
organizations, upon lawful order of the
court

When to
evidence?

object

to

admissibility

of

It depends
Testimonial Evidence
-

When
stand

witness

presented

on

witness

Formal offer

Object Evidence
-

Relevancy
Evidence must have
such a relation to
the fact in issue as
to induce belief in
its existence or non
existence

Competency
Evidence
is
not
excluded by law or
these Rules

Evidence on collateral Matters

Documentary Evidence
-

Distinguish: Relevancy from Competency (1992

Bar)

Examined by court, formal offer made

R128 S4
Evidence must have such a relation to the fact
in issue as to induce belief in its existence or
non existence
Evidence on collateral matters shall not be
allowed, except when it tends in any reasonable
degree to establish probability or improbability
of the fact in issue.

Kinds of Admissibility:
Rule 129

1. CONDITIONAL
-

Evidence presented is irrelevant to the

fact in issue on the condition that the
proponent will establish its relevancy

WHAT NEED NOT BE PROVED

-

Aka, no need for evidence

2. MULTIPLE
-

When
evidence
is
relevant
and
competent for 2 or more purposes, then
admissible if it satisfies all requirements
prescribed by law for its admissibility for
the purpose it is presented, even if it
does not satisfy other requisites for
admissibility for other purposes

3. CURATIVE
-

Where improper evidence was admitted

over the objection of opposing party, he

JUDICIAL NOTICE
-

What is known to the court need not be

proven (note: 1980, 2004 Bar)

What are matters which are of mandatory

judicial notice?
R129 S1
1. Existence and territorial extent of states
2. Their political history

3. Forms of government and symbols of

nationality
4. Law of nations
5. Admiralty and maritime courts of the
world and their seals
6. Political constitution and history of the
Phils
7. Official acts of legislative, executive,
judicial depts. Of Phils
8. Laws of nature
9. Measure of time
10. Geographical divisions

Differentiate
Legislative
Adjudicative Function:

Function

from

How about municipal ordinances?

General Rule: MTC must know
Exception: RTC must know only in case of
-

appeal of MTC decision regarding the

ordinance
when the law otherwise provides

129 S3
During trial, court, motu proprio or on request of
a party, may announce its intention to take
judicial notice of any matter and allow the
parties to be heard thereon.
After the trial and before judgment or on
appeal, the proper court, motu proprio or on
request of a party, may take judicial notice of
any matter and allow the parties to be heard
thereon if such matter is decisive of a material
issue in the case.

NOTE:
Doctrine of processual presumption
-

Discretionary Judicial Notice

Note: relate to R39 S48, and to R77 (re probate

proceedings)

129 2

How do you prove the foreign laws?

Matters which are of:

1. Public knowledge
2. Are
capable
of
unquestionable
demonstration
3. Ought to be known to judges because of
their judicial functions

RTC or MTC must know

o Or else, ignorantia
excusat against them

legis

non

Copy of the law

Duly authenticated
Alleged and proved applying the Rules
on Evidence

Divorce, prove by:

-

Laws of Municipal or City Ordinances

-

foreign laws must be alleged and proved

o in the absence of proof, the
foreign law will be presumed to
be the same as the laws of the
jurisdiction hearing the case
(Riano, Evidence, 2006, p.49)

Allowed there under their laws

Decree of divorce
Duly authenticated
May be proved any time even during on
appeal

129 S4
An admission, verbal or written, made by a
party in the course of the proceedings in the
same case, does not require proof.
The
admission may be contradicted only by showing
that it was made through palpable mistake or
that no such admission was made.

Judicial Admissions are conclusive with respect

to the admitter, hence, need not be proven,
provided,
1. Made in the same case
2. If made in another proceeding, then it
becomes extrajudicial admission

Judicial
Admission
Made in the same
case, except:

Judicial
Confession
Made not in the
same case

1. Palpable
mistake
2. No
admission
made
3. In
the
interest
of
justice

Voluntary
acknowledgement
made by a party of
the existence of the
truth
of
certain
facts
which
are
inconsistent
with

Specific
type
of
admission, referring
only
to
acknowledgment of
guilt

Cannot be implied
(direct and positive
acknowledgement
of guilt)

Rule 130
Rules of admissibility

Object Evidence (130 1)

Admission vs Confession (Dean, p. 57)

Admission
Act,
declaration,
omission of a party
as to any relevant
fact

his claims in an
action
Acknowledgement
of
facts
which,
though
incriminating, falls
short of admission
of guilt
Includes
confessions
(confession
is
admission
by
accused
of
fact
charged
against
him or of some fact
essential
to
the
charge)
May
be
implied
(admission
by
silence)

Confession
Declaration
of
accused
acknowledging his
guilt in the offense
charged or of any
offense necessarily
included
therein
(presupposes
criminal action)
Statement
by
accused that he
engaged in conduct
which constitutes a
crime

Evidence addressed to the senses of the court.

When object is relevant to the fact in issue, it
may be exhibited to, examined, viewed by the
court.

Documentary Evidence (130 2)

Consists of writings or any material containing
letters, words, numbers, figures, symbols, other
modes of written expressions offered as proof of
their contents.

Note the difference:

IF
-

Existence or non existence (papel, ink,

alterations)

o
-

Object evidence

Know contents (writings, letters, words,

numbers, figures, symbols)
o Documentary evidence

Example:
MARKED MONEY
Laman ng pera- documentary evidence

S3- when subject of inquiry is the contents of a

document, no evidence shall be admissible
other than the original document itself
S4- the original of a document is one the
contents of which are the subject of inquiry
NOTE: applies only in documentary evidence
Documentary evidence- subject of inquiry or
else, Best Evidence Rule does not apply

Existence ng pera- object evidence

TAPE RECORDINGS
Existence of tape- object evidence
Laman ng tape- documentary evidence

COCA COLA

Marked money was xeroxed, the Xerox was

marked as evidence. You objected, basis on the
ground of best evidence rule.
-

GAGO! Object evidence yon!

o Magiging documentary evidence
lang yon, and Best Evidence Rule
applies lang pag yung laman ng
marked money ang subject

Letterings- documentary evidence

Bote- object evidence
Limitations to presentation of object evidence
(when object evidence need not be presented,
or when presentation of such would be rejected
by the court):
1. When repulsive to public morals and
decency
2. When
it
would
cause
delay,
inconvenience to parties
3. Misleading
4. Other
evidence
testimonial
or
depositions available

Exceptions to the limitations:

1. Object evidence is the subject of the
prosecution
2. Interest of justice

Best Evidence Rule

130 (3) in relation to S4 of 130

Exceptions to the Best Evidence Rule (relate to

provisions on Secondary Evidence, S5-7):
a. When the original has been lost or
destroyed or cannot be produced in
court, WITHOUT BAD FAITH on the part
of the offeror
BAD FAITH = suppression of evidence
Relate to S5 R130
When the original document has been lost or
destroyed or cannot be produced in court, the
offeror, upon proof of its execution and
existence and the cause of unavailability
without bad faith on his part, may prove its
contents
1. by a copy, or
2. by a recital of its contents in some
authentic document or
3. by testimony of witnesses in the order
stated
Relate also to Rule 76 S6
No will shall be proved as a lost or destroyed
will unless

1. the execution and validity of the same

be established, and
2. the will is proved to have been in
existence at the time of the death of
testator, or
3. is shown to have been fraudulently or
accidentally destroyed in the lifetime of
the testator without his knowledge nor
unless its provisions are clearly and
distinctly stated by at least 2 credible
witnesses
When a lost will is proved, the provisions
thereof
1. must be distinctly stated and certified by
the judge under the seal of the court,
and
2. the certificate must be filed and
recorded as other wills are filed and
recorded

Hence, proven by:

1. photocopy,
with
the
following
requirements:
2. establish loss and destruction by asking
questions as to the existence of the
original
3. circumstances of the loss, persons
present in the execution, contents of the
original will

b. when the
under the
whom the
latter fails
notice

original is in the custody or

control of the party against
evidence is offered, and the
to produce it after reasonable

adverse party
Exception to Best
Evidence Rule
Advice by way of
notice
There
is
prior
knowledge
of
existence
of
an
original

Rule 130 S3b / S6

Original
in
the
possession
of

Rule 27
Production
inspection

and
of

By way of motion
There is no prior
knowledgekaya
nga
mode
of
discovery eh

c. when the original consists of numerous

accounts or other documents which
cannot be examined in court without
great loss of time and the fact sought to
be established from them is only the
result of the whole

d. when the original is a public record in

the custody of a public officer or is
recorded in a public office
Relate to: R130 S7
When the original of a document is in the
custody of a public officer or is recorded in a
public office, its contents may be proved by a
certified copy issued by the public officer in
custody thereof.

What is the Principle of Irremovability of

Public Record
-

Relate to S6
If the document is in the custody or under the
control of the adverse party, he must have
reasonable notice to produce it. If after such
notice and after satisfactory proof of its
existence, he fails to produce it, secondary
evidence may be presented as in the case of its
loss

documents
or
things
Mode of Discovery

certified true copy of a public document

is already allowed, however, if there is
issue as to forgery, then the original
should be presented and produced
o NOTE: The crime is falsification of
public
document,
NOT
falsification of certified true copy

130 S4
a. The original of a document is one the
contents of which are the subject of
inquiry
b. When a document is in 2 or more copies
executed at or about the same time,

with identical contents, all such copies

are equally regarded as originals
c. When an entry is repeated in the regular
course of business, one being copied
from another at or near the time of the
transaction, all the entries are likewise
equally regarded as originals
Carbon- original- original pa rin
Rule 46- petition before appellate court (the
above example applies)

As to letter c
-

Copy to another

d. Existence of the other terms agreed to

by the parties or their successors in
interest after the execution of the written
agreement
The term agreement includes wills

Parol Evidence
Rule
Applies
to
documentary
evidence including
wills
Prohibits varying of
terms
of
agreement, subject
to exceptions
Invoked by only the
parties themselves

Best Evidence
Rule
Applies
to
documentary
evidence
Prohibits
presentation
of
secondary evidence
Invoked
party

by

any

130 S8
A party who calls for the production of a
document and inspects the same is not obliged
to offer it as evidence.

Parol Evidence
130 S9
When terms of an agreement have been
reduced to writing, it is considered as
containing all the terms agreed upon and there
can be, between the parties and their
successors in interest, no evidence of such
terms other than the contents of the written
agreement.
HOWEVER, a party may present evidence to
modify, explain, or add to the terms of the
written agreement if he puts in issue in his
pleading:
a. An
intrinsic
ambiguity,
mistake,
imperfection in the written agreement
b. Failure of the written agreement to
express the true intent and agreement of
the parties thereto
c. The validity of the written agreement or

Reason for parol evidence: agreements in

writing serve as repository of all agreements
made by the parties, hence, cannot be modified
or added to
Exceptions:
a. Intrinsic
ambiguity,
mistake,
imperfection in the written agreement
b. Failure of written agreement to express
true intent and agreement of the parties
thereto
c. Validity of written agreement
d. Existence of other terms agreed to by
the parties or their successors in interest
after the execution of the written
agreement

Relate letter b to R63 S1 P2- ..action for

reformation of an instrument may be brought to
court by way of procedure for declaratory relief

Requisites
for
evidence rule:

application

of

parol

1. Refers to term of the contract or will

2. Pertains to valid contract (ok lang

voidable, basta ba hindi void)
3. Existence
of
contractual
relations
between the parties
4. Objections to be made in case of
presentation of modified agreement

surplus while the true will be

admitted as evidence

Interpretation of Documents R130 S10-17 in

relation to 1370-1378, NCC

See: 1359-1368, NCC

What is the LORD BACONS RULE (Lord

Bacon, 1841, Europe)
TESTIMONIAL EVIDENCE

It enumerates/refers to the kinds of ambiguities:

1. Intrinsic/Latent ambiguity
- When writing on its face appears clear
and
unambiguous
but
there
are
collateral matters or circumstances
which make the meaning uncertain
o Not on its face, but there are
ambiguities
2. Extrinsic/Patent ambiguity
- Ambiguity is apparent on the face of the
writing itself and requires something to
be added in order to ascertain the
meaning of the words used
o Parol evidence cannot be used to
ratify or supplement a void
contract
3. Intermediate Ambiguity
- Where the ambiguity consists in the use
of equivocal words designating the
person or subject matter, parol evidence
of collateral or extrinsic matter may be
introduced for the purpose of aiding the
court in arriving at the meaning of the
language used
o Results from the use of words
susceptible of 2 interpretations

Falsa demonstration non nocet cum de

corpore constat
-

An erroneous description does not spoil

the act
o 2 descriptions, 1 false and 1 true,
the false will be treated as

130 S20
Except as provided in the next succeeding
section, all persons who:
1. Can perceive
2. And perceiving
3. And make known their perception to
others
may be witnesses

NOTE: under the Child Witness Rule, minors are

presumed as competent, unless otherwise
proven
-

Disprove competency by way of motion

to contest
o If granted, profound question

Pero,
pag
yung
bata
sumasagot,
at
naiintindihan naman ang sagot, e competent
yon

Competency of
Witness
All persons who can
perceive,
and
perceiving,
and
make known their
perception to others
are competent to
be witnesses

Competency of
Evidence
Evidence
not
otherwise excluded
by law or these
Rules
are
competent
evidence

10

Competency of
Witness
Question is whether
the
witness
can
perceive,
perceiving, and can
make known their
perception to others

Credibility of
Witness
Question is whether
or
not
the
testimony of the
witness
/
the
witness
is
believable

Can be invoked only

if
one
of
the
spouses is a party
to the action
Applies
only
if
testimony is offered
DURING
THE
MARRIAGE

Who are disqualified to be witnesses?

Constitutes
total
prohibition for or
against the spouse
of the witness
Objection would be
raised
on
the
ground of marriage,
married
witness
would
not
be
allowed to take the
stand
due
to
disqualification

S21
1. Those whose mental condition, at the
time of their production for examination,
is such that they are incapable of
intelligently
making
known
their
intention to others
2. Children whose mental maturity is such
as to render them incapable of
perceiving the facts respecting which
they are examined and of relating them
truthfully
S22- by reason of marriage
3. During the marriage, neither the
husband nor the wife may testify for or
against the other without the consent of
affected, spouse, except in a civil case
by one against the other, or in a criminal
case for a crime committed by one
against the other or the latters direct
ascendants or descendants
S22- Disqual by
reason of
marriage
One of spouses is
party to the action,
hence,
cannot
testify for or against
the other without
the
consent
of
affected
spouse,
except, civil case by
one vs another, or
criminal case by
one against other,
or latters direct
ascendants
or
descendants

S24A- disqual by
reason of marital
privilege
One of the spouses
is or is not a party
to the action

Can
be
claimed
whether or not the
other spouse is a
party to the action
Can
be
claimed
DURING OR AFTER
THE
MARRIAGE
(pwede
even
if
marriage
already
dissolved)
Applies
only
to
confidential
relations
between
the spouses
Married person is on
the stand but the
objection
of
privilege is raised
when
confidential
material
communication
is
inquired thereto

Even
if
the
testimony is for or
against
the
objecting
spouse,
the spouse witness
cannot testify
Note: Spousal Immunity is waivable. Hence, for
failure to object, waived

S23- Dead Mans Statute (correlate with

probate of a will, testate or intestate)
4. Parties or assignors to a case or persons
in whose behalf a case is prosecuted
against an executor or administrator or
other representative of a deceased
person or against a person of unsound
mind upon a claim or demand against
the estate of a deceased person or
against such person of unsound mind,
cannot testify as to any matter of fact
occurring before the death of such
deceased person or before such person
became of unsound mind

11

REQUISITES (Rule 130 S23):

-

Witness is a
o party or
o assignor of a party
to a case of persons in
whose behalf a case is
prosecuted
action
o
o
o

is against
executor or
administrator or
other representative of deceased
person or
o person of unsound mind

subject matter of the action is

o claim or
o demand against
estate of deceased person
or
against person of unsound
mind
testimony refers to
o any matter of fact which occurred
before
the
death
of
such
deceased person or before such
person of unsound mind

Rationale: declarant cannot be cross examined,

lips are sealed forever by death

1. Husband-Wife
24a
Husband or wife, during or after the marriage,
cannot be examined without consent of the
other as to any communication received in
confidence by one from another during the
marriage, except:
-

In a civil case by one against the other

In a criminal case committed by one
against the other or the latters direct
descendants or ascendants

If marriage is void, hindi apply disqualification

If voidable, apply disqualification (during or
after)
Exceptions:
-

Dying declaration
Communications made prior to valid
marriage
If Can be made public
When overheard by third party

Scope:
-

Testimony on confidential matters

Spouse not to give comment, privileged
communication

Purpose: designed to close lips of party plaintiff

when death permanently closed lips of party
defendant in order to remove from surviving
party the temptation to give false testimony
and possibility of fictitious claims against
deceased

Attorney- passed the bar, took the oath, signed

the roll

NOTE: Waivable

24b

If testified to, with right to cross examine

Atty cannot without consent of client, be

examined as to any communication made by
client to him or his advice given thereon in the
course of or with a view to professional
employment

If not, then waived

Disqualifications by reason of PRIVILEGED

COMMUNICATION
Important: pag one of the parties, di pwede
mag testify as to privileged communication,
PERO pag tsismoso lang, pwede mag testify
dahil exception sa privileged communication

2. Attorney-Client relations

Nor can attys secretary, stenographer, or clerk

be examined without consent of client and
employer, concerning any fact the knowledge of
which has been acquired in such capacity

Atty

12

Concerning
pleadings,
statements

any matter relating to

documents,
verbal

Secretary, Stenographer, Clerk (Office Clerk,

NOT Janitor)
-

Concerning any matter relating to

pleadings,
documents,
verbal
statements, any fact, the knowledge of
which has been acquired in such
capacity

3. Physician-Patient (relate to Physical and

Mental Examination of persons)
24c
Person authorized to practice medicine, surgery
or obstetrics cannot, in a civil case, without
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 and would
blacken reputation of the patient.

NOTE: applies only to CIVIL CASES

Why not to criminal? Autopsy reports
Covers:
1. Advice or treatment given by doctor
2. Any information he acquired from patient
3. Information necessary to enable him to
act in that capacity and would blacken
reputation of patient
MEDICINE!
-

Includes: surgery, obstetrics

Not: dentist
Includes: ob gyne, midwife, derma
Not: Foreign doctor
o Kasi, yung authorized to practice
medicine, dito sa Phils

EXCEPT in the following cases:

-

For unlawful purpose

4. Priest-penitent
24d
Minister or priest cannot without consent of
person making the confession, be examined as
to any confession made 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.
Purpose: protect sanctity of confession
Minister is not the same as pastor
Why? Pari lang talaga! Kasi, AUTHORIZED TO
RECEIVE
CONFESSION
AND
TO
GRANT
ABSOLUTION!!!

Father, i confess.. ni rape ko kapatid mo. It

turned out, narinig ng pinsan ni father ang
confession.
Father- cannot divulge the info to the police
(covered by privileged communication
Pinsan ni Father- can; tsismoso lang siya eh,
hindi siya sakop ng priest-penitent privileged
communication
5. State Secrets

24e
Public officer cannot be examined during his
term
of
office
or
afterwards
as
to
communications made by him in official
capacity when the court finds that public
interest would suffer by the disclosure.

Filial Privilege
S25- no person can be compelled to testify
against his parents, other direct descendants,
children, other direct ascendants

Consent of patient was given

Case filed against doctor
Failure to object

13

Admission
-

Act, declaration, omission of a party as

to a relevant fact

Confession
-

Declaration of accused acknowledging

his guilt in the offense charged or of any
offense necessarily included therein
(presupposes criminal action)

Admission vs Confession (simpler version)

Admission
Express or implied
Is not necessarily
tantamount
to
automatic liability
Made by any party

Confession
Express/tacit
Acknowledgment of
guilt, hence, liability
attaches
Made by accused

Admissions may be judicial or extrajudicial

By co conspirator
extrajudicial

or

by

co

Correct statement: off the record, settle the civil

aspect of the case
Exceptions to general rule with respect to offer
of compromise with respect to criminal cases:
-

Plea of guilty later withdrawn or unacceptable

offer of plea of guilty to a lesser offense is not
admissible in evidence against accused who
made the plea or offer

Good Samaritan Rule- offer to pay or payment

of medical, hospital, other expenses occasioned
by an injury is not admissible in evidence as
proof of civil or criminal liability for the injury

partnersOther admissions:
-

Declaration
against Interest
Made by person
deceased or unable
to testify against
interest of declarant

Not
necessarily
made by person
party or not

CIVIL CASES
Not an admission of any liability and is
not admissible in evidence against
offeror

CRIMINAL CASES
-

Discharge of witness
Amendment on the pleadings

Admission

S27- Offer of compromise

Criminal negligence
BP22
Rape- through marriage of rapist and
victim

By accused, may be received in

evidence as implied admission of guilt

Wrong statement: settle amicably the criminal

case

RES INTER ALIOS ACTA (1986, 1988 Bar)

-

The right of a party cannot be prejudiced

by an act or omission of another

Refers to Judicial or extrajudicial admissions,

such as that of co conspirator, co partner, which
requires evidence ex aliunde other than
conspiracy, partnership
EXCEPT: admission by silence

Admission by co partner or agent (S29)

Requisites:
1. Within scope of authority
2. During existence of partnership
agency
3. Partnership or agency is shown
evidence other than such act
declaration

or
by
or

14

Admission by conspirator (S30)

Requisites:
1. Act or declaration by conspirator
2. Relating to conspiracy and during its
existence
3. Conspiracy is shown by evidence other
than such act or declaration

Admission by privies (S31)

Confession made by accused before a

court in which the case is pending and in
the course of legal proceedings therein
and, by itself, can sustain a conviction

2. Extrajudicial Confession
-

Confession made in any other place or

occasion and cannot sustain a conviction
unless its voluntariness is proven and
unless corroborated by evidence of
corpus delicti

133 (3)- EJ confession made by accused shall

not be sufficient ground for conviction unless
corroborated by evidence of corpus delicti

Requisites:
1. Privity of contract- one derives title to
property from another
2. Admission of predecessor (latter) while
holding the title
3. In relation to the title

Corpus delicti- body of the crime; pag wala to,

then walang crime
Examples:
Rape- semen, contusion

Admission by silence (S32)

CDDA- drugs

Requisites:

Murder- murder weapon, fact of death

1. Act or declaration made in the presence

and within hearing and observation of a
party
2. Party who saw or heard the act or
declaration does or says nothing
3. 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
EXCEPTION: pipi

Can there be murder without a body?

No, except circumstantial evidence:
Sufficient for conviction if:
-

Not an admission, e hindi nga maka-salita eh

There is more than one circumstance

Facts from which the inferences are
derived are proven
Combination of all circumstances is such
as to produce a conviction beyond
reasonable doubt

Interlocking Confession
With respect
following:
-

to

confession,

consider

the

RA7438 (With respect to Custodial

Investigation/EJ Confession)
Judicial confessions during the trial
Constitutional provisions

2 or more accused executes separate

confessions, and the same interlocks on
material points, hence, admissible in
evidence

Weight:
1. Judicial confession- conclusive
2. Extrajudicial confession- disputable

2 Kinds of Confessions:
1. Judicial Confession

15

Similar Acts as Evidence (S34)

General Rule:
-

evidence that one did or did not do a

certain thing at one time is not
admissible to prove that he did or did
not do the same or similar thing at
another time

Exception:
-

admissible to prove:
o specific intent
o knowledge
o identity
o plan
o system
o scheme
o habit
o custom
o usage
o the like

Instance: Carnapping in QC and Pasay- similar

acts may be admitted as evidence to prove
pattern of behaviour/modus operandi

Unaccepted Offer (S35)- relate to 1256, NCC for

purpose of consignation

S35- Offer in writing to pay a particular sum of

money or to deliver a written instrument or
specific personal property is, if rejected without
valid cause, equivalent to actual production and
tender of money, instrument, property

except as otherwise provided by law or these

Rules
GENERAL RULE: Hearsay Evidence is NOT
COMPETENT EVIDENCE (excluded by law or
these Rules)
EXCEPTION: (11)
1.
2.
3.
4.

dying declaration
declaration against interest
act or declaration about pedigree
family reputation or tradition regarding
pedigree
5. common reputation
6. part of res gestae
7. entries in the course of business
8. entries in official records
9. commercial lists in the like
10. learned treatises
11. testimony or deposition at a former
proceeding

S37- Dying Declaration

(exception
to
privileged
between husband and wife)

communication

Requisites:
1. declaration made under consciousness
of impending death
2. subject of inquiry is death
3. declaration is complete
4. qualified to be a witness
(in absence of 1, may be treated as res gestae)

Declaration against interest (S38)

Lessee is ejected, refused to accept payment,
filed for consignation
Tender of payment- condition precedent

Declaration
against Interest
Made by person
deceased or unable
to testify against
interest of declarant

Admission
Not
necessarily
made by person
party or not

HEARSAY RULE
S36
A witness can testify only to those facts which
he knows of his personal knowledge, that is,
which are derived from his own perception,

S39- Pedigree (hindi pagkain ng aso)

Act or declaration of person deceased or unable
to testify

16

in respect to pedigree of another person

related to him by birth or marriage,
o may be received in evidence
where it occurred before
the controversy and
the relationship between
the 2 persons is shown by
evidence other than such
act or omission.

Pedigree
-

relationship
family genealogy
birth
marriage
death
dates when and places where the facts
occurred
family history

inquiry
must
established
independent
evidence

be
by

not necessary for

him to establish by
independent
evidence
his
relationship to the
family
Testimony is about
family reputation or
tradition
covering
matters of pedigree

Testimony is about
what declarant, who
is dead or unable to
testify, has said
concerning
pedigree
of
declarants family

Important: known to the community regarding

pedigree, genealogy, family history

Common Reputation (S40)

hence, not necessary na present yung ninuno

Family Reputation
pedigree (S40)

or

tradition

regarding

Reputation or tradition existing in a family

previous to the controversy in respect to the
pedigree of one of its members may be
received in evidence if:
1. witness testifying thereon be also a
member
of
family
either
by
consanguinity or affinity
Ff may be received as evidence of pedigree:
-

entries in family bibles,

entries in family books or charts
engravings on rings
family portraits
etc

S39
Act or declaration
about pedigree
Witness need not
be a family member
Relation
of
declarant
and
person subject of

S40
Family reputation or
tradition regarding
pedigree
Witness
is
a
member
of
the
family
Witness is himself
the one to whom
the fact relates, and

it is the definite opinion of the

community in which the fact to be
proved is known or exists

What may
reputation?

be

established

by

common

1. Matters of public interest more than 30

years old
2. Matters of general interest more than 30
years old
3. Matters respecting marriage or moral
character and related facts
4. Individual moral character

Res Gestae (S42)

Statements made by a person while a starting
occurrence is taking place or immediately prior
or subsequent thereto with respect to
circumstances thereon may be given in
evidence as part of res gestae.
Statements accompanying an equivocal act
material to the issue, and giving it legal
significance, may be treated as part of res
gestae

2 kinds of res gestae:

17

1. Statement on startling occurrence plus

utterance
Parang, dying declaration, pero hindi namatay
Hence, admissions of such nature may be
multiple admissions (either dying declaration or
res gestae)
2. Verbal act
-

Testimonies/Depositions at Former Proceedings

(S47)
Testimony or deposition of a witness deceased
or unable to testify given in a former case or
proceeding, judicial or administrative, involving
same parties and subject matter may be given
in evidence against adverse party who has had
the opportunity to cross examine them.

Spontaneously made, tending to commit

HOY! Or, HOLDAP!!

(relate to R23-25)
Testimonies are proven by
TRANSCRIPT OF RECORD (TSN)

affidavits

or

S43- entries in regular course of business

Entries made at, or near the time of the
transactions to which they refer, by a person
deceased, or unable to testify, who was in a
position to know the facts therein stated, may
be received as prima facie evidence, if such
person made the entries in his professional
capacity or in the performance of duty and in
the ordinary or regular course of business or
duty
-

Aka OFFICIAL RECORDS

All the above exceptions to the hearsay rule

were given, what is / are the reasons for such
exceptions?
-

Trustworthiness and necessity

How do you attack a dying declaration?

Rule 131- disputable/rebuttable presumption

Opinion Rule

Learned Treatises (S46)

A published treatise, periodical, or pamphlet on
a subject of history, law, science, or art is
admissible as tending to prove the truth of a
matter stated therein if the court takes judicial
notice, or a witness expert in the subject
testifies, that the writer of the statement in the
treatise, periodical, or pamphlet is recognized in
his profession or calling as expert in the subject

E, how about math?

-

Kasali, kasi, considered as science

+ publication
The writer need not be presented to the witness
stand, the court can adopt the theories

General rule: opinion is not allowed

Exception:
S49- opinion of expert witness
On a matter requiring special knowledge, skill,
experience, training which he is shown to
possess in a certain field (DISPUTABLE
EVIDENCE)
S50- opinion of ordinary witness
Regarding:
1. Identity of a person about whom he has
adequate knowledge
2. Handwriting with which he has sufficient
familiarity
3. Mental sanity of a person with whom he
is sufficiently acquainted
4. On impressions of emotion, behaviour,
condition, appearance of a person

18

Forgery- even the judge can compare; no need

for expert witness
Expert witness- as counsel for accused, NEVER
ADMIT the qualification of expert witness (as to
source)
As prosecution, ask questions to establish
qualification of expert witness

Character Evidence
General Rule: Not admissible
Exception:

Affirmative defenseon the one alleging

such
affirmative
defense
Negative
on
the
party

defenseclaiming

Evidence
Shifts during trial
Criminal
case*prosecution-defense
Civil Case- *plaintiff
defendant
Administrative
case- both

Kinds of Presumptions:
1. Conclusive presumptions

Criminal Cases

Estoppel in pais (131 S2a)

Accused
may
prove
good
moral
character which is pertinent to moral
trait involved in the offense charged
o Prosecution
cannot
prove
accused
is
of
bad
moral
character, except if impeached

Unless in rebuttal, prosecution may not

prove accuseds bad moral character
which is pertinent to moral trait involved
in the offense charged

Never shifts during

trial, given by law

Good or bad moral character of offended

party may be proved if it tends to
establish in any reasonable degree the
probability or improbability of the
offense charged.

Whenever a party has, by his own declaration,

act, or omission, intentionally and deliberately
led another to believe a particular thing is true,
and to act upon belief, he cannot, in any
litigation arising out of such declaration, act, or
omission, be permitted to falsify it.

Estoppel by tenant (131 S2b)

Tenant is not permitted to deny the title of his
landlord at the time of commencement of
relation of landlord-tenant between them

2. Disputable/Rebuttable Presumptions
Civil Cases
-

NOTE: MAHABA TO!!!

Allowed, when pertinent to the issue of

character involved in a case

a.

That a person is innocent of crime or wrong

b.

That an unlawful act was done with unlawful

intent

c.

That a person intends the

consequences of his voluntary act

d.

That a person takes ordinary care of his

concerns

e.

That evidence if willfully suppressed would be

adverse if produced

BURDEN OF PROOF
131 (1)
-

Duty of a party to present evidence on

the facts in issue necessary to establish
his claim or defense by the amount of
evidence required by law

Burden of Proof

ordinary

Burden of

19

f.

That money paid by one to another is due to

the latter

g.

That a thing delivered by one to another

belonged to the latter

h.

i.

j.

That an obligation delivered up to the debtor

has been paid
That prior rents or installments had been paid
when a receipt for later ones is produced
That a person found in possession of a thing
taken in the doing of a recent wrongful act is
the taker and the doer of the whole act;
otherwise, that things which a person
possesses, or exercises acts of ownership
over, are owned by him

k.

That a person in possession of an order on

himself for the payment of money, or the
delivery of anything, has paid the money or
delivered the thing accordingly

l.

That a person acting in a public office was

regularly appointed or elected to it

m. That official
performed

duty

has

been

That an indorsement of a negotiable

instrument was made before the instrument
was overdue and at the place where the
instrument is dated

u.

That a writing is truly dated

v.

That a letter duly directed and mailed was

received in the regular course of the mail

w. That after an absence of 7 years, it being

unknown whether or not an absentee still
lives, he is considered dead for all purposes,
except for those of succession
The absentee shall not be considered dead
for the purpose of opening his succession
until after an absence of 10 years. If he
disappeared after the age of 75 years, an
absence of 5 years shall be sufficient in order
that his succession may be opened.

The following shall be considered dead for all

purposes including the division of the estate
among the heirs:

regularly

n.

That a court, or judge acting as such,

whether in the Philippines or elsewhere, was
acting in the lawful exercise of jurisdiction

o.

That all the matters within an issue raised in

a case were laid before the court and passed
upon by it; and in like manner that all
matters within an issue raised in a dispute
submitted for arbitration were laid before the
arbitrators and passed upon by them

p.

t.

1.

a person on board a vessel lost during

sea voyage, or an aircraft which is
missing, who has not been heard of for 4
years since the loss of the vessel or
aircraft

2.

a member of the Armed Forces who has

taken part in armed hostilities, and has
been missing for 4 years

3.

a person who has been in danger of

death under other circumstances and
whose existence has not been known for
4 years

4.

if a married person has been absent for 4

consecutive years, the spouse present
may contract a subsequent marriage if
he or she has a well founded belief that
the absent spouse is already dead. In
case of disappearance, where there is
danger of death under the circumstances
hereinabove provided, an absence of only
2 years shall be sufficient for contracting
a subsequent marriage. However, in any
case, before marrying again, the spouse
present must institute a summary
proceeding as provided for in the Family

That private transactions has been fair and

regular

q.

That the ordinary course of business has

been followed

r.

That there was a sufficient consideration for a

contract

s.

That a negotiable instrument was given or

indorsed for a sufficient consideration

20

Code and in the rules for a declaration of

presumptive death of the absentee,
without prejudice to the effect of
reappearance of the absent spouse
x.

y.

z.

that acquiescence resulted from a belief that

the thing acquiesced in was conformable to
the law or fact
that things have happened according to the
ordinary course of nature and the ordinary
habits of life
that persons acting as co-partners have
entered into a contract of co-partnership

aa. that a man and a woman deporting

themselves as husband and wife have
entered into a lawful contract of marriage
ab. that property acquired by a man and a
woman who are capacitated to marry each
other and who live exclusively with each
other as husband and wife without the
benefit of marriage or under a void marriage,
has been obtained by their joint efforts, work,
or industry
ac. that in cases of cohabitation by a man and a
woman who are not capacitated and who
have acquired property through their actual
joint contribution of money, property, or
industry, such contributions and their
corresponding shares including joint deposits
of money and evidences of credit are equal
ad. that if the marriage is terminated and the
mother contracted another marriage within
300 days after such termination of the former
marriage, these rules shall govern in the
absence of proof to the contrary:

conceived
during
such
marriage, even though it be
born within 300 days after
the termination of the
former marriage
ae. That a thing once proved to exist continues
as long as is usual with things of that nature
af. that the law has been obeyed
ag. that a printed or published book, purporting
to be printed or published by public
authority, was so printed or published
ah. that a printed or published book, purporting
to contain reports of cases adjudged in
tribunals of the country where the book is
published, contains correct reports of such
cases
ai. that a trustee or other person whose duty it
was to convey real property to a particular
person has actually conveyed it to him when
such presumption is necessary to perfect the
title of such person or his successor in
interest
aj. that except for purposes of succession, when
2 persons perish in the same calamity, such
as wreck, battle, or conflagration, and it is
not shown who died first, and there are no
particular circumstances from which it can be
inferred, the survivorship is determined from
the probabilities resulting from the strength
and age of the sexes, according to the
following rules:
1.

2.
1.

2.

a child born before 180

days
after
the
solemnization
of
the
subsequent marriage is
considered to have been
conceived
during
the
former marriage, provided
it be born within 300 days
after the termination of the
former marriage
a child born after 180 days
following the celebration of
the subsequent marriage is
considered to have been

3.

4.

5.

if both were under the age

of 15 years, the older is
deemed to have survived
if both are above the age of
60, the younger is deemed
to have survived
if one is under 15 and the
other above 60, the former
is deemed to have survived
if both be over 15 and
under 60, and the sex be
different,
the
male
is
deemed to have survived; if
the sex be the same, the
older
if one be under 15 or over
60, and the other between
those ages, the latter is
deemed to have survived

21

ak. if there is a doubt, as between 2 or more

persons who are called to succeed each
other, as to which of them died first, whoever
alleges the death of one prior to the other
shall prove the same. In the absence of
proof, they shall be considered to have died
at the same time.

Rule 132- Presentation of evidence

S1-S2
1. in open court, recorded
a. TSN,
b. Taped
EXCEPT:
-

involving minors (Juveniles in Conflict

with the Law)
o to be conducted in another
room/chambers
if repulsive evidence would be presented
o in chambers

2. Not to be detained longer than the

interests of justice require
3. Not to be examined except only as to
matters pertinent to the issue
4. Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law (RIGHT
AGAINST SELF INCRIMINATIONapplies
only to testimonial evidence)
5. Not to give an answer which will tend to
degrade his reputation unless it be to
the very fact at issue or to a fact from
which the fact in issue would be
presumed. But a witness must answer
to the fact of his previous final conviction
for an offense.
Mr Witness, pogi ka ba? Hindi ba panget ka?!violation of #1

S4-8
2. Under oath or affirmation
Note best evidence: TSN (for purposes of using
testimony of further proceedings, under R130)

Direct examination
-

Examination in chief of a witness by the

party presenting him on the facts
relevant to the case

3. General rule: answers to be given orally

Exceptions:
-

When witness is incapacitated to speak

Question calls for a different mode of
answer

S3- Rights and obligations of a witness

Obligation: to answer questions, although his
answer may tend to establish a claim against
him
Rights:
1. To
be
protected
from
irrelevant,
improper, insulting questions, from harsh
or insulting demeanor

Cross examination
-

Examination by adverse party upon

termination of direct examination as to:
o Matters
stated
in
direct
examination
or
connected
therewith
With sufficient fullness and
freedom
to
test
his
accuracy and
Truthfulness and freedom
from interest or bias, or
the reverse and
To elicit all important facts
bearing upon the issue

Re Direct Examination

22

Re examination by proponent after the

cross examination to allow the witness to
explain or supplement answers given
during the cross examination, and on the
courts discretion, allow questions on
matters not dealt with during the cross
examination

Misleading question
-

Question which assumes as true a fact

not yet testified to by the witness or
contrary to what is previously stated
o Not allowed

Re Cross Examination
-

Examination by Adverse party after the

re direct examination on matters stated
in the re direct examination and also on
such other matters as may be allowed
by court in its discretion

S9- recalling of witness

After the examination of a witness by both sides
has been concluded, the witness cannot be
recalled without leave of the court. The court
will grant or withhold leave in its discretion, as
the interests of justice may require

S11- Impeachment of adverse partys witness

A witness may be impeached by the party
against whom he is called,
1. by contradictory evidence,
2. by evidence that his general reputation
for truth, honesty, or integrity is bad, or
3. by evidence that he has made at other
times statements inconsistent with his
present testimony,
but not
-

S10- Leading/Misleading
Leading Question
-

Question which suggests to the witness

the answer which the examining party
desires

General rule, not allowed, except:

by evidence of particular wrongful acts,

o except that it may be shown by
the
examination
of
the
witness, or
the
record
of
the
judgment,
that he has been
convicted of an
offense

Deposition

a. On cross examination

TSN

b. On preliminary matters

Perjured Witness

c. When there is difficulty in getting

direct and intelligible answers
from a witness who is ignorant, or
a child of tender years, or is of
feeble mind, or of a deaf mute
d. Of an unwilling or hostile witness
or
e. Of a witness who is an adverse
party or an officer, director,
managing agent of a public or
private corporation or of a
partnership or association which
is an adverse party

S12- Party may not impeach own witness

Except with respect to witnesses referred to in
par d and e of S10 (unwilling/hostile and
adverse party or officer of a corporation which
is adverse party), the party producing a witness
is not allowed to impeach his credibility
A witness may be considered as unwilling or
hostile only if unwilling and so declared by the
court upon adequate showing of his
1. adverse interest
2. unjustified reluctance to testify

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3. or his having misled a party into the

wintess stand
The unwilling or hostile witness so declared or
the witness who is an adverse party may be
impeached by the party presenting him in all
respects as if he had been called by the adverse
party except by evidence of his bad character.
He may also be impeached and cross examined
by the adverse party, but such cross
examination must only be on the subject matter
of his examination in chief.

General
rule,
except
hostile,
adverse,
petitioners witnessmanifest before the court

1. By
confronting
him
with
such
statements, with circumstances under
which they were made
2. By asking him whether he made such
statements
3. By giving him a change to explain the
inconsistency
S14- Evidence of good character of a witness
Evidence of good character of a witness is not
admissible until such character has been
impeached

Evidence of good character of witness

S13- How witness impeached by evidence of
inconsistent witness
Before a witness can be impeached by evidence
that he has made at other times inconsistent
with his present testimony, the statements
must be related to him with the circumstances
of the times and places and the persons present
and must be asked whether he made such
statements and if so, allowed to explain them.
If the statements be in writing they must be
shown to the witness before any question put to
him concerning them.

TSN, affidavit- ipakita

May statement? Ginawa mo? Naalala mo ba?
1st statement- medyo pogi daw
2nd statement- pogi daw

General rule: not admissible

Exception: except when such character has
been impeached
Accused- admissible, for as long as pertaining to
the offense
Civil case- admissible only when pertinent to
the issue of character involved in a case

S15- Exclusion and separation of a witness

On any trial or hearing, the judge may exclude
from the court any witness not at the time
under examination, so that he may not hear the
testimony of other witnesses. The judge may
also cause witnesses to be kept separate and to
be prevented from conversing with one another
until all shall have been examined.

ANO BA?
Hence, credibility at issue, with propensity to
tell a lie
Laying the predicate- lay the basis/predicate
-

impeaching
a
witness
inconsistent statements

by

prior

To avoid confusion
N/A to accused- Constitutional guarantee; to be
present at all stage of a witness
When there are 2 or more witnesses, can do so
to avoid confusion

How?
S16- When witness may refer to memorandum

24

A witness may be allowed to refresh his

memory
1. respecting a fact,
a. by anything written or recorded
by himself or under his direction
at
i. the time when the fact
occurred, or
ii. immediately thereafter, or
iii. at any other time when
the fact was fresh in his
memory and he knew that
the same was correctly
written or recorded;
but in such case the writing or record must be
produced and may be inspected by the adverse
party, who may, if he chooses, cross examine
the witnesses upon it, and may read it in
evidence
So, also, a witness may testify from such a
writing or record, 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;
o but such evidence must be
received with caution

1. Present memory
2. Writing
Refresh memory
-

S18- Right to inspect writing shown to witness

Whenever a writing is shown to a witness, it
may be inspected by the adverse party

Writing- you are adverse party, inspect it!

S19- classes of documents

For the purpose of
evidence, documents
private.

their presentation in
are either public or

Public documents are:

a. the written official acts, or records of the

official acts of the sovereign authority,
official bodies and tribunals, and public
officers, whether of the Philippines, or of
a foreign country
b. documents acknowledge before a notary
public except last wills and testaments,
and
c. Public records kept in the Philippines, of
private documents required by law to be
entered therein
All other writings are private

Show to him, show contents

S20- Proof of private document

S17- When part of transaction, writing, or

recorder is given in evidence, the remainder is
admissible
When part of an act, declaration, conversation,
writing, or record is given in evidence by one
party, the whole of the same subject may be
inquired into by the other, and when a detached
act, declaration, conversation, writing, or record
is given in evidence, any other act, declaration,
conversation, writing, or record necessary to its
understanding may also be given in evidence

Before any private document offered as

authentic is received in evidence, its due
execution and authenticity must be proved
either:

a. by anyone who saw

executed or written, or

the

document

b. by evidence of the genuineness of the

signature or handwriting of the maker

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Any other private document need only be

identified as that which it is claimed to be
S21- When evidence of authenticity of private
document is not necessary
When a private document is more than 30 years
old, is produced from a custody in which it
would naturally be found if genuine, and is
unblemished
by
any
alterations
or
circumstances of suspicion, no other evidence
of its authenticity need be given

How to prove foreign laws:

-

allege
prove, authenticate, attest

The record of public documents referred to in

paragraph a of section 19, when admissible for
any purpose, may be evidenced by an official
publication thereof or by a copy attested by the
officer having the legal custody of the record, or
by his deputy, and accompanied, if the record is
not kept in the Philippines, with a certificate
that such officer has custody. If the office in
which the record is kept in a foreign country,
the certificate may be made by a secretary of
the embassy or legation, consul general, consul,
vice consul, or consular agent or by any officer
in the foreign service of the Philippines
stationed in the foreign country in which the
record is kept, and authenticated by the seal of
his office.

25
S22- How genuiness of handwriting is proved
22
The handwriting of a person may be proved by
any witness who believes it to be the
handwriting of such person because he has
seen the person write, or has seen writing
purporting to be his upon which the witness has
acted or been charged, and has thus acquired
knowledge of the handwriting of such person.
Evidence respecting the handwriting may also
be given by a comparison, made by the witness
or the court, with writings admitted or treated
as genuine by the party against whom the
evidence is offered, or proved to be genuine to
the satisfaction of the judge

23
Documents consisting of entries in public
records made in the performance of a duty of a
public officer are prima facie evidence of the
facts therein stated. All other public documents
are evidence, even against a third person, of
the fact which gave rise to their execution and
of the date of the latter.

Whenever a copy of a document or record is

attested for the purpose of the evidence, the
attestation must state, in substance, that the
copy is a correct copy of the original, or a
specific part thereof, as the case may be. The
attestation must be under the official seal of the
attesting officer, if there be any, or if he be the
clerk of a court having a seal, under the seal of
such court.

S26- Irremovability of public record

Any public record, an official copy of which is
admissible in evidence, must not be removed
from the office in which it is kept except upon
order of a court where the inspection of the
record is essential to just determination of a
pending case

(Relate to S3(4) 130)

When original is a public record in the custody
of the public officer or is recorded in a public
officeexception to best evidence rule

S27- Public record of a private document

24

An authorized public record of a private

document may be proved by the original record,

26

or by a copy thereof attested by the legal

custodian of the record, with an appropriate
certificate that such officer has the custody.

S28- Proof of lack of record

A written statement signed by an officer having
the custody of an official record or by his deputy
that after diligent search, no record or entry of a
specified tenor is found to exist in the records of
his office, accompanied by a certificate as
above provided, is admissible as evidence that
the records of his office contain no such record
or entry

material to the question in dispute, must

account for the alteration. He may show that
the alteration was made by another, without his
concurrence, or was made with the consent of
the parties affected by it, or was otherwise
properly or innocently made, or that the
alteration did not change the meaning or
language of the instrument. If he fails to do
that, the document shall not be admissible as
evidence.

S32- seal
S29- Impeaching Judicial Records
Any judicial record may be impeached by
evidence of:

a. want of jurisdiction in the court or

judicial officer
b. collusion between the parties

Seal- coming from abroad, then dapat ang

document has seal and authentication

S33- Documentary evidence in an unofficial

language

c. fraud in the party offering the record, in

respect to the proceedings

S30- proof of notarial documents

Every instrument duly acknowledged and
certified as provided by law, may be presented
in evidence without further proof, the certificate
of
acknowledgement
being
prima
facie
evidence of the execution of the instrument or
document involved.
(relate to 2004 Notarial Rules,
concerns notarial documents)

There shall be no difference between sealed

and unsealed private documents insofar as their
admissibility as evidence is concerned.

because

Documents written in an unofficial language

shall not be admitted as evidence, unless
accompanied with a translation into English or
Filipino. To avoid interruption of proceedings,
parties or their attorneys are directed to have
such translation prepared before trial.

Document written in Korean, Thai, Chinesedapat

with
official
English
translation
translator coming from respective embassies,
kasi baka mamaya minumura na kayoand
dapat prosecution must come up with
translator, not the accused
Interpreter- not provided by witness for accused
or by the accusedtalo ka dun

S31- alterations in document, how to explain

The party producing a document as genuine
which has been altered and appears to have
been altered after its execution, in a part

Offer and objection

S34- offer of evidence

27

The court shall consider not evidence which has

not been formally offered. The purpose for
which the evidence must be offered must be
specified.

Objection to a question propounded in the

course of the oral examination of a witness shall
be made as soon as the grounds therefore shall
become reasonably apparent

Offer of evidence

An offer of evidence in writing shall be objected

to within 3 days after the notice of the offer
unless a different period is allowed by the court.

After termination of
presentation
of
evidence
Offer of evidence
After termination of
presentation
of
evidence

Offer of
testimony
After testimony was
made

Formal offer of
proof
Offer
proof
in
relation to the fact
in issue

In any case, the grounds for objections must be

specified.
Kinds of objections:
As to form:
1. oral
2. written

Evidence not formally offered- has no probative

value

S35- when to make offer

As regards the testimony of a witness, the offer
must be made at the time the witness is called
to testify.
Documentary and object evidence shall be
offered after the presentation of a partys
testimonial evidence.
Such offer shall be done orally unless allowed
by the court to be done in writing.

2 grounds:
1. specified objections
a. parol evidence
b. best evidence
2. general objections
a. immaterial
b. irrelevant
c. no basis
d. incompetent
Overruled- hindi pwede
Sustained- question allowed
Deferred- ruling deferred for further time
Continuing objections- line of questions are
objectionable, register as far the class of
questions are given- para hindi lagi object ng
object

Documentary- after identification, during trial

Testimonial- at the time the witness is being
presented

1994 Bar

S36- Objection

Broadside
objections
General objections

Objection to evidence offered orally must be

made immediately after the offer is made.

Specific
Objections
With
specific
grounds
for
objection

S37- Continuing Objections

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When it becomes reasonably apparent in the

course of the examination of a witness that the
questions being propounded are of the same
class as those to which objection has been
made, whether such objection was sustained or
overruled, it shall not be necessary to repeat
the objection, it being sufficient for the adverse
party to record his continuing objection to such
class of questions.

S38- ruling on objections

The ruling of the court must be given
immediately after the objection is made, unless
the court desires to take a reasonable time to
inform itself on the question presented; but the
ruling shall always be made during the trial and
at such time as will give the party against
whom it is made an opportunity to meet the
situation presented by the ruling.

of the case, and for purposes of review, can be

considered by appellate court

Purpose of objections
-

as to admissibility

Admissibility
Question is whether
the court will admit
it or not

Probative Value
Fact in issue is in
question

Rule 133
Weight and Sufficiency of evidence

PREPONDERANCE OF EVIDENCE
S39- not responsive, strike out answer
Should a witness answer the question before
the adverse party had the opportunity to voice
fully its objection to the same, and such
objection is found to be meritorious, the court
shall sustain the objection and order the answer
given to be stricken off the record.
S40- Tender of excluded evidence
If documents or things offered in evidence are
excluded by the court, the offeror may have the
same attached to or made part of the record.
If the evidence excluded is oral, the offeror may
state for the record the name and other
personal circumstances of the witness and the
substance of the proposed testimony.

Evidence which is of greater weight or

more convincing than that which is
offered in opposition to it
o In civil cases

Considerations the court may consider:

1. All facts and circumstances of the case
2. Witnesses manner of testifying
3. Their intelligence
4. Their means and opportunity of knowing
the facts to which they are testifying
5. Nature of the facts to which they are
testifying
6. Nature of facts to which they testify

Rule:
Testimonial Evidence- give the name, personal
circumstances of witness, nature of testimony
Documentary Evidence- give descriptions of the
documents, have them attached or made part
of the record; hence, would form part of record

7. Probability
testimony

or

improbability

of

their

8. Their interest or want of interest

9. Personal credibility so far as the same
may legitimately appear upon the record

SUBSTANTIAL EVIDENCE

29

Amount of evidence which a reasonable

mind might accept as adequate to justify
a conclusion
o In administrative cases or before
quasi judicial bodies

Falsus in uno falsus in omnibus (unsure about

correct translation)
-

False in one, false in all

R126 S13
Search incidental to lawful arrest

PROOF BEYOND REASONABLE DOUBT

-

Moral certainty of commission of crime,

degree of proof producing conviction in
an unprejudiced mind
o Criminal cases

Sexual Shield Abuse Rule

-

S3- Extrajudicial confession,

ground for conviction, except

not

sufficient

An extrajudicial confession made by the

accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of
corpus delicti (body of the crimesee previous
discussions).

S4- Circumstantial evidence

Sufficient for conviction if:
1. There is more than one circumstance
2. The facts from which the inferences are
derived are proven

Admissible whatever would be taken

from the search IF the arrest, in the first
place, is lawful
o If not, then not admissible

Questions on sexual predisposition of a

minor
witness
is
inadmissible
in
evidence
o EXCEPT:
If tending to prove source
of semen
If
question
refers
to
injuries sustained by said
minor witness

Rule 134
Perpetuation of Testimony
(relate to R23 and 24)
DEPOSITIONS!

3. Combination of all circumstances is such

as to produce conviction beyond
reasonable doubt

DNA Evidence
-

Admissible (see People vs Vallejo)

Polygraph
-

Not admissible
o Emotions are controlled

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