EVIDENCE

When evidence is NOT required

1. When there is no factual issue (ascertain truth as
PRELIMINARIES - HISTORICAL BACKGROUND
matter of fact)
2. Agreement in writing to dispense of evidence
Revisions 3. Matters of judicial notice
Rules of Court started in 1901, then revised in 4. Matters judiciall admitted
1940
Rules of Evidence separately revised in 1997 Applicability - Only to judicial proceedings.
Not applicable to CLEIN:
Sources
o Election
ROC (128-133) o Land registration
Jurisprudence (DNA admissibility) o Cadastral
Special laws (electronic evidence, wiretapping) o Naturalization
Succession (wills) o Insolvency
Criminal law (treason) o Findings of administrative matters
Other parts of the rules (child witness rule) especially labor cases, as long supported
by substantial evidence.
RULE 128 - GENERAL PROVISIONS Vis a vis ELECTRONIC EVIDENCE: Latter is
applicable to civil actions, quasi-judicial and
INDEX administrative offenses.
1. Definition (MIS FACT)
2. Scope (same in all) Kinds of evidence
3. Admissibility of evidence 1. Relevant vs. irrelevant
a. relevance + non-exclusion 2. Positive vs. negative (perception is operative)
4. Relevancy o Positive evidence that proves something
a. Induce belief + not collateral happened (I saw him stab X); only able to
b. Except when establishes probability give positive evidence of things one can
perceive.
Sec. 1 . Evidence defined. Evidence is the means, o Negative Evidence where the witness
sanctioned by these rules, of ascertaining in a was there, but he did not perceive
judicial proceeding the truth respecting a matter of anything (I did not notice anything).
fact. (1) o Positive has greater weight than negative.
Witness may forget a fact that existed, but
CODAL will not remember something that never
existed.
o For negative evidence to hold weight, it
Means of ascertaining truth (i.e. Evidence is not an
must be buttressed by strong evidence of
end in itself).
non-culpability.
Sanctioned by rules 2. Direct vs. Circumstantial
In a judicial proceeding o Direct prove a matter without need for
Respecting matter of fact inference or presumption (e.g. eyewitness,
testimony of medico legal)
LECTURE/NOTES o Circumstantial facts, from which the
existence of another fact may be inferred
Evidence, in general as a necessary or probable consequence;
Every material/ factual proposition shall be there must be more than one circumstance
supported by evidence. May be enough to convict
To be evidence, it must be sanctioned/ not provided the ff. are present:
excluded by the Rules of Court. 1. QUANTITY: More than one
Most common evidence used in Philippines is circumstance.
testimonial evidence. 2. CONSISTENT: Facts from
which inferences are derived
Purpose - Ascertain TRUTH (legal or judicial not actual) are consistent and proven.
of a matter of fact. 3. UNBROKEN CHAIN:
Combination of circumstances

1|M O R T E L E VIDE NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

 must be such as to produce Sec. 2 . Scope. The rules of evidence shall be the
conviction beyond reasonable same in all courts and in all trials and hearings,
doubt except as otherwise provided by law or these rules.
Positive identification is possible. (2a)
o Exact opposites of each other, although
neither is stronger than the other. CODAL
o Therefore, direct evidence is not
indispensible to prove a crime. Same in all courts, trials, hearing
3. Primary vs. Secondary
Except as otherwise provided
o Primary best available evidence to prove
a particular fact
Testimony can be primary LECTURE/NOTES
evidence (e.g. victim of stabbing
who survives the attack). Principle of uniformity states that rules of evidence
Moreover, one does not have to be same in all courts, but rule is not absolute as can be
the victim to perceive. Therefore, seen from the differences in evidence requirements for
if the victim dies, testimonial criminal and civil cases.
evidence can still be admissible.
However, HEARSAY is NOT Criminal vs. civil
admissible as primary evidence, Criminal Civil
EXCEPT in certain instances (e.g. Quantum of Beyond Preponderance
dying declaration) Proof reasonable doubt
Hearsay is only secondary Compromise Implied admission Not implied
evidence, albeit not classified by of guilt admission and not
law. admissible in
o Secondary You can NOT present evidence against
secondary evidence when there is no basis the offeror
for its presentation. Presumption Innocence None, except for
LOST certain exceptions
DESTROYED as in common
CUSTODY OF ADVERSE PARTY carriers
4. Rebuttal and surrebuttal
o Rebuttal is NOT mandatory but left to Proof vs. Evidence - Evidence is the means by which a
sound discretion of Court. (e.g. When after fact is proved; proof is the effect of evidence.
presentation of evidence, something new
comes up).
Falsus in uno, falsus in omnibus - To be applicable, the
o Only allowed as to NEW MATTERS.
following have to be shown:
5. Cumulative and corroborative
o Cumulative - same kind and character as 1. Falsity must be as to a material point.
that already given and tends to prove the 2. Deliberate and willful intent to falsify a material
same proposition (e.g. more than one point.
witness to an event)
o Corroborative - supplements one already Defenses
given as to strengthen or confirm the DEFENSE WEIGHT AGAINST REASON
latter; Usually of a different type, although Alibi Weak Positive Negative in
such is not necessary so long as it proves Identification nature
the same fact. Self-serving
Corroborative testimony is NOT Frame- Weak Presumption Easily
always required, where the up of Regularity fabricated
testimony if credible, positive and in
sufficient to prove beyond Performance
reasonable doubt the guilt og of Duties
accused. Self- Weak None Easily
Child witness testimony needs no defense mentioned fabricated
corroboration, and shall suffice to Delay Weak None Fear of
support a finding of fact. mentioned reprisal,
reticence,

2|M O R T E L EVID E NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

 denial stage
Requisites for ALIBI to prosper
1. Presence of accused in another place at the time of
the commission of the offense.
2. Must be shown that it was physically impossible
for accused to be at the scene of the crime at the
time.
3. Must be so airtight as to admit of no exception
Requisites for FRAME UP to prosper
1. Clear and convincing evidence to overcome
presumption of regularity in the performance of
duties
Factum Probans facts/material evidencing the fact or
proposition sought ot be established
Factum Probandum fact or proposition to be
established
Civil: elements of cause of action
Criminal: elements of crime
Sec. 3 . Admissibility of evidence. Evidence is
admissible when it is relevant to the issue and is
not excluded by the law of these rules. (3a)
Sec. 4 . Relevancy; collateral matters. 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 the probability or improbability of the
fact in issue.
CODAL
Admissible evidence
Relevant to issue
Not excluded
Determining relevance
GR: Must induce belief in existence of fact in issue
to be relevant
GR: Evidence on collateral matters NOT allowed
E: establish in reasonable degree probability of fact
in issue
LECTURE/ NOTES
Requisites for admissibility
1. Relevance
2. Competence
3. Formally offered
3|M O R T E L EVID E NCE NO TES
Other kinds of admissibility
Multiple admissibility Proffered evidence may be used
for more than one purpose, or for one purpose and not
for the other.
Specify purpose so opposing party may interpose
proper objection.
Conditional admissibility evidence may be
conditionally admitted in the meantime subject to
condition that one is going to establish relevancy and
competency at a later time.
If such is not shown, court may, upon motion of
adverse party, strike evidence out from the record.
Curative Admissibility - party is allowed to introduce
evidence otherwise inadmissible to answer the
opposing partys previous objected introduction of
inadmissible evidence if it would remove any unfair
prejudice caused by the admission the earlier
inadmissible evidence.
Party seeking admission of curative evidence MUST
have OBJECTED to the admission of the earlier
inadmissible evidence.
Relevance
Relevant evidence - have such a relation to the fact in
issue as to induce belief in its existence or non-
existence.
Fact in issue must be a disputed fact.
Immediate fact must have a relation to -
Ultimate fact sought to be established.
Test for determining relevance
Logic and common sense: Existence of RELATIONSHIP
between fact in issue and offered evidence
Irrelevant opposite of relevant
Collateral Matters auxiliary; generally irrelevant, but
may be relevant (conditional admissibility) if it tends in
any reasonable degree to establish the probability
of the fact in issue.
1. If relevant, it should be material. If material it
should be relevant.
2. HOWEVER. If irrelevant, it could still be material.
Competence
Competent evidence evidence not excluded by rules;
for witnesses, competence goes right into their
qualifications as witnesses.
Test for determining competence
Law and rules: is the evidence allowed by law?
A T T Y .T R A N Q U I L S A L V A D O R

Objecting to competency of evidence
Must be specific, e.g. leading, parole, hearsay
Admissibility vs. Credibility
ADMISSIBILITY CREDIBILITY
Acceptance by court Worthiness of belief
pursuant to rules.
*
After consideration of admissibility, consideration of
credibility follows.
A witness may be competent, but his testimony may
be incredible. Vice versa.
Admissibility vs. Probative value
ADMISSIBILITY PROBATIVE VALUE
Depends on relevance and Tendency to persuade
competency
* When alibi assumes importance: It is only when the
Generally, credibility given by trial court / quasi
judicial agencies to testimonies of witnesses is
accorded great weight.
Child-witnesses, rape victims: testimonies accorded
great weight, but story must be believable by itself.
Quality of witnesses over quantity.
EXCEPTIONS:
o Where trial judge did not hear the
testimonies himself
o Overlooked, misunderstood, misapplied
facts and circumstances that would
substantially affect outcome of case.
CASES
Positive Identification and Alibi
People v. Payot, G.R. No. 175479, July 23, 2008
(Keywords: rape, bolo, erect penis v. 2 fingers, lesbian
friend, alibi, Caridads house. )
Categorical and consistent positive identification,
absent any showing of ill motive on the part of the
eyewitness testifying thereon, prevails over the
defenses of denial and alibi which, if not substantiated
by clear and convincing proof constitute self-serving
evidence undeserving of weight in law.
Lejano vs. People, 638 SCRA 104 , December 14, 2010
(Keywords: Vizconde massacre)
Totality of evidence: While it is true that presentation
of passport, plane ticket and other travel documents
can serve as proof that an accused was indeed out of
the country at the time of the killings, it must still be
4|M O R T E L E V I D E N C E NO TES
shown that the evidence is clear and convincing, and
the totality of such evidence constitutes an airtight
excuse as to exclude the least possibility of his
presence at the crime scene.
Criteria for positive identification:
1. Must come from a credible witness
2. Story must be believable, not inherently contrived.
Alibi, definition & requisites: Inherently weak and
unreliable defense, for it is easy to fabricate and
difficult to disprove. To establish alibi, the accused
must prove by positive, clear, and satisfactory evidence
that:
1. he was present at another place at the time of the
perpetration of the crime
2. that it was physically impossible for him to be at
the scene of the crime.
identification of the accused as the author of the crime
charged is inconclusive or unreliable that alibi assumes
importance.
Two types of positive identification
People v. Villacorta Gil, G.R. No. 172468, October 15,
2008
(Keywords: Destructive Arson with Homicide, identified
by kagawad, person who lives with arsonist, and
confession, damay-damay na tayo)
Types of positive identification:
1. EYEWITNESS: As an eyewitness to the very act of
the commission of the crime, which constitutes
direct evidence
2. CIRCUMSTANTIAL EVIDENCE: Not an eyewitness
(did not actually see the act of commission), but
still able to positively identify a suspect or accused,
as for instance when the latter is the person or one
of the persons last seen with the victim
immediately before and right after the commission
of the crime.
Admissibility (Rule 128, Section 3)
Garcillano v. House of Representatives
(Keywords: Hello Garci, Senate Investigation, no
publication of rules, rules on booklet and on website)
People v. Lauga, G.R. No. 186228, March 15, 2010
(Rape, Bantay Bayan, admitted at polic outpost)
Physical Evidence
Suerte-Felipe v. People, G.R. No. 170974. March 3,
2008.
(Homicide, .45 mm caliber.)
A T T Y .T R A N Q U I L S A L V A D O R
Physical evidence has to be identified. Unquestionable demonstration - when one repeats a
Picture must be authenticated. process, the outcome is the same.
a. Surveys: INGAT DITO. THEY CAN BE RIGGED.
RULE 129 - WHAT NEED NOT BE PROVED
(INVOLVES NON- INTRODUCTION OF EVIDENCE) 3. When hearing necessary only for the reason for
informing the court
INDEX
1-3: Judicial notice: 4: Judicial admission SECTION 1 . Judicial notice, when mandatory. A
1. Mandatory Verbal court shall take judicial notice, without the
Nature (3) Written introduction of evidence, of the existence and
Nation (5) territorial extent of states, their political history,
Phils (2) Exceptions: forms of government and symbols of nationality,
2. Discretionary Palpable mistake the law of nations, the admiralty and maritime
(3) No admission was courts of the word and their seals, the political
3. When hearing made constitution and history of the Philippines, the
necessary official acts of legislative, executive and judicial
During departments of the Philippines, the laws of nature,
After trial/on appeal the measure of time, and the geographical
divisions. (1a)
SUMMARY
Three kinds CODAL
1. Mandatory settled and established, no need of
introduction of evidence; you will usually learn Judicial notice is mandatory in the ff instances:
about it in the decision; all judge needs to do is
research or source it out. Nations
1. existence and territorial extent of states
Exception: 2. political history
Yu vs. Samson-Tatad, G.R. No. 170979, February 3. forms of government and symbols of nationality
9, 2011 4. law of nations
5. admiralty and maritime courts of the word and
Although the main issue is w/n Neypes ruling their seals
applies in criminal cases, the case also involved the
judge not being familiar, and asking to be provided, Philippines
with the Neypes doctrine. It must be noted that 6. political constitution and history of the Philippines
since the Neypes ruling is a judicial matter, judge
(e.g. Liberation of Manila, EDSA Revolution, I shall
should already be familiar with the same. The
return.)
important thing to remember here is that
providing a judge with a copy of a ruling is NOT
proving. Proving involves a process; When one 7. official acts of legislative, executive and judiciary
provides a copy, one merely informs the court. ordinances NOT qualified as per SJS v. Atienza
case
2. Discretionary courts notice; JUDGE may require when administrative act is of lesser importance,
presentation of evidence; If judge does not want to judge matter may not be covered by judicial
exercise discretion, one cannot take it against him. notice.

Exception: Nature
GADALEJ in not taking judicial notice. 8. laws of nature, the measure of time, and the
geographical divisions
Public knowledge (e.g. gravity, inertia, friction, city of Iligan)
a. National/ provincial highways (smaller roads
become tests of public knowledge): Espana, the Others
road, may be subject of discretionary judicial 9. Supreme Court decisions
notice. 10. Amendments in Rules
b. Status of celebrity: not mandatory, but could
be discretionary depending on facts.

5|M O R T E L EVID E NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

Sec. 2 . Judicial notice, when discretionary. A
court may take judicial notice of matters which are
of public knowledge, or are capable to
unquestionable demonstration, or ought to be
known to judges because of their judicial functions.
(1a)
CODAL
Discretionary Judicial Notice
1. Matters of public knowledge
2. Matters capable to unquestionable demonstration
Mathematical computations
Statistics
Combination of colors
Chemical effects
3. Matters ought to be known to judges
Those matters required in his decision making
process (administrative matters pursued by
the Supreme Court; administrative cases of
counsels appearing before his sala)
LECTURE/NOTES
Judicial notice - Functions to abbreviate litigation by the
admission of matters that need no evidence; substitute
for formal proof of a matter by evidence.
Judicial notice allows a fact to be introduced into
evidence if the truth of that fact is so notorious or
well known, or so authoritatively attested, that it
cannot reasonably be doubted.
Notable matters
There is no need to present proof in matters in the
nature of mandatory judicial notice.
Fact should have attained a certain level of
notoriety, and the fact should have been
established.
Judge must know. He could not force parties to
prove. If mandatory and ignored, treat as
assignment of error.
It is only upon the rendering of judgment that one
would know if judge took mandatory judicial notice
of a fact. Hence, remedy is to appeal.
Mandatory judicial notice
Those enumerated Rule 129, Sec. 1
Acts of executive, legislative, judiciary
o Court decisions
o Declaration of President
Rivers/ other tributaries/ roads and national
highways
o When a river/ body of water is of
lesser importance, judges may not be
6|M O R T E L E V I D E N C E NO TES
expected to know. Big rivers and
bodies of waters, judge expected to
know (under section
Discretionary judicial notice
Applicability
1. Facts of common knowledge facts so commonly
known as to make it unprofitable to require proof,
so certainly known as to make it indisputable
among men.
2. Capable of unquestionable demonstration - Pertain
to fields of professional and scientific knowledge
3. Judge ought to know because of his judicial
functions ascertainable from court records
Guide
NOTORIETY/ PUBLIC KNOWLEDGE OR RECORDS
1. Fact must be known within general jurisdiction of
court
2. Capable or ready and accurate determination by
resorting to unquestionable sources
Resolution of doubt
Construed against judicial notice
Fact which is dependent on existence/inexistence
of another fact
Foreign law
(E) when law is generally well-known and had
been ruled upon in prior cases and none of the
parties claim otherwise
(E) part of published treatise, and writer
recognized as an expert.
Law of nations
Municipal ordinances w/in jurisdiction
Courts own acts and records in another case
(E) contents of other case clearly referred to
(E) original of other case is actually withdrawn
and admitted as part of the record of pending case
Post office practice
Banking practices that are well known
Financial condition of government
Presidential powers under law
Rental amount
General increase in rent
Ineffective statute/regulation
Municipalities without lawyers or notaries public
Age (has to be alleged)
Transactions made through teleconferencing
Scene of rape not necessarily isolated/secluded
Inbred modesty and shyness of Filipinas
A highly urbanized city within its jurisdiction
Courts task to unclog dockets
Trial testimonies are much more exact than
sworn statements
A T T Y .T R A N Q U I L S A L V A D O R
 Scientific drug abuse results
Persons have committed crimes for no reason at
all
Change of address of counsel
A matter within the locality in which the Court
sits
Sec. 3 . Judicial notice, when hearing necessary.
During the trial, the court, on its own initiative, 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, on its own initiative 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. (n)
CODAL
During trial: When the Court announces intent to
take judicial notice of ANY matter, it shall allow
parties to be heard thereon.
After trial/before judgment/on appeal: court may
still take judicial notice provided matter is of
deciding in material case issue.
LECTURE/NOTES
Notable matters
When the court is in doubt, conduct a hearing.
There is NO issue in judicial notice before or during
trial. Parties may present ANY evidence.
The issue is after trial or on appeal because only
matters decisive of a material issue may be
introduced in judicial notice. This is because you
have already been given the chance to present the
same in trial.
Can court call for its own expert witness? NO
When does one know that judge takes mandatory
judicial notice of a fact Only upon rendering of
decision; hence remedy is appeal
How to call courts attention AFTER trial/ on appeal
File notice of appeal submit memoranda call for a
hearing (motion to set case for hearing, in connection
with rule 129 sec 4), NOT to introduce evidence, but to
call attention to matter one would like to court to take
notice of.
Notice of appeal to RTC for records to be elevated to CA,
and parties to present brief
7|M O R T E L E VIDE NCE NO TES
File motion or manifest before CA to present matter
(pursuant to rule 129, you might like to take judicial
notice of the following facts).
CASES
Corinthian Gardens v. Spouses Tanjangco, G.R. No.
No. 160795, June 27, 2008.
(Spouses Tanjangco v. Cuaso, implicating engineer and
Corinthian, Corinthian negligent, table inspection, CA
increased amount prayed for in complaint)
Rental amount is a matter of fact, and as such could not
be the subject of judicial notice.
Courts cannot take judicial notice of a matter of fact.
Rental amount is a matter of fact. The reasonable
amount of rent may not be determined by judicial
notice but by supporting evidence, such as (1) the
realty assessment of the land, (2) the increase in realty
taxes, and (3) the prevailing rate of rentals in the
vicinity.
Social Justice Society v. Atienza, G.R. No. 156052,
February 13, 2008.
(Chevron-Petron-Shell, reclassification from industrial to
commercial, MOU, injunctive writs, Ordinance
8027/8119)
Can the Court take notice of an ordinance?
While courts are required to take judicial notice of the
laws enacted by Congress (legislative act), the rule with
respect to local ordinances is different. Ordinances are
not included in the enumeration of matters covered by
mandatory judicial notice. Although, Section 50 of RA
409 provides that all courts sitting in the city shall take
judicial notice of the ordinances passed by the
[Sangguniang Panglungsod], this cannot be taken to
mean that this Court, since it has its seat in the City of
Manila, should have taken steps to procure a copy of
the ordinance on its own, relieving the party of any
duty to inform the Court about it.
Even where there is a statute that requires a court to
take judicial notice of municipal ordinances, a court is
not required to take judicial notice of ordinances that
are not before it and to which it does not have access.
The party asking the court to take judicial notice is
obligated to supply the court with the full tex
t of the rules the party desires it to have notice of.
Counsel should take the initiative in requesting that a
trial court take judicial notice of an ordinance even
where a statute requires courts to take judicial notice
of local ordinances.
A T T Y .T R A N Q U I L S A L V A D O R

G Holdings, Inc. v. National Mines and Allied
Workers, G.R. No. 160236, October 16, 2009
(GHI purchasing MMC through APT, mortgage,
NAMAWU, writ of execution)
Courts have taken judicial notice of previous cases to
determine whether or not the case pending is a moot
one or whether or not a previous ruling is applicable to
the case under consideration.
For as long as a case is pending, then judicial notice
cannot be taken.
Courts cannot take judicial notice of:
1. Cases out of this court
2. Cases within the same court but are still pending
3. Cases within the same court, but pending appeal
Spouses Latip v. Chua, G.R. No. 177809, October 16,
2009
(Practice in baclaran of handing in goodwill money,
lease of 2 stalls by Spouses Latip)
Sec. 4 . Judicial admissions. An admission, verbal
or written, made by the 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.
CODAL
Forms: verbal or written
Does NOT require proof
EXCEPT: palpable mistake/ no such admission
made
Judicial admissions
Judicial admission - formal statement made either by a
party or his or her attorney, in the course of judicial
proceeding which removes an admitted fact from the
field of controversy.
When made
Any stage could involve an admission, depending on
how it is made.

Judicial notice is not judicial knowledge: The doctrine Elements

of judicial notice rests on the wisdom and discretion of 1. Made by party to a case
the courts. The power to take judicial notice is to be 2. Made in same case
exercised by courts with caution; care must be taken 3. No form required
that the requisite notoriety exists; and every
reasonable doubt on the subject should be promptly Effects
resolved in the negative. Generally speaking, matters 1. No proof required
of judicial notice have three material requisites: (1) 2. Cannot be contradicted
the matter must be one of common and general 3. Admission made by a party may be given in
knowledge; (2) it must be well and authoritatively evidence AGAINST him.
settled and not doubtful or uncertain; and (3) it
must be known to be within the limits of the Exceptions
jurisdiction of the court.
1. Palpable mistake clear to the mind/ plain to see
2. No such admission was made admission taken out
The reason why our rules on evidence provide for of context
matters that need not be proved under Rule 129,
specifically on judicial notice, is to dispense with the
Classifications
taking of the usual form of evidence on a certain matter
so notoriously known, it will not be disputed by the 1. Express vs. Implied
parties in this case, the requisite of notoriety is 2. Judicial vs. Extrajudicial
belied by the necessity of attaching documentary 3. Adoptive manifesting assent to another persons
statements
evidence, i.e., the Joint Affidavit of the stallholders, to
a. Express
prove the alleged practice of paying goodwill money in
b. Hears and repeats statement
a particular area.
c. Utterance of acceptance
d. Rebuts some but not all statements
Things of common knowledge, of which courts take e. Reads and signs written statement made
judicial notice, may be matters coming to the by another
knowledge of men generally in the course of the
ordinary experiences of life, or they may be matters
which are generally accepted by mankind as true and
Samples of judicial admissions
are capable of ready and unquestioned demonstration.
Stipulation of facts at pre-trial / Pre-trial brief

8|M O R T E L E V I D E N C E NO TES A T T Y .T R A N Q U I L S A L V A D O R
 Admissions in pleadings / Failure to specifically Only as to
deny material allegations in pleadings, except - party
o amount of unliquidated damages making
o immaterialallegations admission
o conclusions
o non-ultimate facts
Usury allegations not specifically denied under Extrajudicial confessions
oath. Requisites
Actionable documents, as to genuineness and due 1. In writing and sign by accused and counsel
execution (fraud, mistake, compromise, statute of 2. Supported by evidence of corpus delicti
limitations, estoppel may still be used)
Pre-trial in admissions in civil cases * Above requirements are applicable only in the context
Pre-trial in criminal cases where it is in writing and of custodial investigation. Spontaneous statements are
signed by parties and counsel. not covered by constitutional safeguards.
Arraignment plea of guilt
Confession Corpus delicti substance of the crime;
Testimonial evidence in court
Matters scoped out in depositions
Elements
Depositions upon written interrogatories
1. Proof of occurrence of a certain event
Answer to interrogatories
2. Persons criminal responsibility for the act
Implied admission
Admissions made in open court
Examples
Material allegations in MTD
Dangerous drugs: follow special procedure,
Admissions by counsel except
o Reckless or gross negligence resulting to Theft: property los tby owner, lost by felonius
deprivation of due process taking
o Application will result to deprivation of Illegal possession of firearms: lack of license to
liberty or property possess
o Where interests of justice require Death/murder: death and criminal agency (body
not necessary)
NOT judicial admissions
Admission in drafted documents (drafted for Admission by silence
purpose of pleading but not filed) Requisites
Amended pleadings 1. Person heard and understood statement
Superseded pleasings 2. Person at liberty to make denial
Dismissed pleadings 3. Statement was about matter affecting his rights as
which would naturally call for a response
* In demurrer to evidence, loss of right to present
4. Facts were within his knowledge
evidence does NOT amount to judicial admission.
5. Materiality of admitted fact to issue.
Admission versus
Admissions by third parties
Generally, not admissible against anyone but
ADMISSION CONTRASTING
himself .
CONCEPT
Applies only to extrajudicial confessions.
Confession As to a relevant Guilt
fact
Exceptions
Declarations Declarant Declarant
Against interest able to unable to 1. Copartner/ agent requisites as follows:
testify testify a. Made during existence of partnership
Made any made before b. Done in scope of authority
time controversy c. Existence is proven by evidence other than
declaration of partner/agent
Not arises
2. Co-conspirator - requisites as follows:
necessarily Made against
a. During existence of conspiracy
made interest
b. Must be relevant to conspiracy
against Admissible as
c. Existence is proven by evidence other than
interest to 3rd persons
declaration or act of conspirator

9|M O R T E L E V I D E N C E NO TES A T T Y .T R A N Q U I L S A L V A D O R
3. Privies - requisites as follows: Toshiba Information v. Commissioner of Internal
a. During period where one is privy Revenue, G.R.No.157594, March 9, 2010
b. Must be made by predecessor in interest
c. In relation to object of dispute (xxx)

Other admissions Philippine Bank of Communications v. Court of

1. Withdrawn plea of guilt not admissible Appeals, May 22, 1991, G.R. No. 92067
2. Unacepted plea of guilt to lesser offense not
admissible (xxx)
3. Payment of expenses not admissible
4. Subsequent remedial measures not resolved,
RULE 130 - RULES OF ADMISSIBILITY
although in US, such is not admissible, except for
purposes other than proving negligence
5. Propensity evidence (similar acts) not admissible INDEX
except for the ff. purposes A: Object Evidence
a. Specific intent b. knowledge B: Documentary evidenc
c. Identity d. plan Best evidence
e. Scheme f. Habit Secondary evidence
g. Custom h. System Parol evidence
i. Usage etc. Interpretation
C: Testimonial evidence
CASES Qualifications
Disqualifications
Social Justice Society v. Atienza, G.R. No. 156052, Privileged
February 13, 2008 Communication

While it is true that a party making a judicial admission

cannot subsequently take a position contrary to or
inconsistent with what was pleaded, the aforestated
rule is not applicable here. Respondent made the
statements regarding the ordinances in civil case nos.
03-106379 and 06-115334 which are not the same as
this case before us. To constitute a judicial
admission, the admission must be made in the
same case in which it is offered. Hence, respondent is
not estopped from claiming that Ordinance No. 8119
did not supersede Ordinance No. 8027.
Cuenco v. Talisay Tourist Sports Complex, G.R. No.
174154
The stipulation of facts at the pre-trial of a case
constitutes judicial admissionsthe admissions of
parties during the pre-trial, as embodied in the pre-trial
order, are binding and conclusive upon them.
*However, parties have first to agree as to the offer to
stipulate. Even the offer to stipulate cannot be used as an
admission against the party offering to stipulate.
HOWEVER. In case of pleadings, stipulations therein are
judicial admissions. If defendant denies, then it has to be
proved in Court. Iba ang usapang di kumibo. Failure to
raise an objection is tantamount to an admission.
A. OBJECT (REAL) EVIDENCE
SECTION 1 . Object as evidence. Objects as
evidence are those addressed to the senses of the
court. When an object is relevant to the fact in
issue, it may be exhibited to, examined or viewed
by the court. (1a)
CODAL
Those addressed to the senses of the Court
Relevant to fact in issue
How presented
Exhibited to, examined/viewed by Court
LECTURE/NOTES
Object evidence the real thing itself; appeals directly
to senses (sight, smell, hearing, touch, taste).
Weight: Very persuasive
Scope: All sorts of objects that can be perceived by
the 5 senses
Requisites
1. RELEVANT: relationship to fact in issue

10 | M O R T E L EVIDE NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

2. AUTHENTICATED (in relation to competence)1 b. Identified, explained, or quthenticated by:
a. Must pass test of authentication: must be i. Person who made recording
the VERY thing that is the subject of the ii. Person competent to testify on
issue/ needed to prove a fact or issue accuracy thereof.
3. AUTHENTICATION BY COMPETENT WITNESS
a. Must be supported by testimony of Motion pictures and recordings
competent witness Requisites
b. Witness must be capacitated to identify o Testimonies as to the:
the object as the very thing involved in Qualification of operator
litigation Description of equipment
c. Actual and personal knowledge of the Conditions of operation
exhibit he is presenting for admission. Faithful and accurate
4. Formally offered representation
Voices/ identity of speakers
Categories Reason for recognition of the
Category Description Example same people
Unique readily identifiable Gun with serial Not taken in vilation of anti-wire-
marks number; tapping laws
drivers license
Made unique made readily Kitchn knofe Diagrams, maps and models
identifiable with unique Touchstone is ability to authenticate exhibit
marks; money
with name on it
X-ray pictures
Non-unique no identifying marks Droops of
Requisites
** proponent must blood, oil,
o Made in circumstances as to assure their
establish chain of drugs in
accuracy and where relevant to a material
custody powder form;
issue ina case
finer, grains
o Testimony of x-ray technician/ physician
who attests to competence of person
Chain of custody taking it
Generally o Procedure taken to authenticate
For non-unique objects, to guarantee integrity of o What is shown is person/ part of person in
physical evidence. issue.
Links are the people who handled/had custodyof
the object Scientific tests, demonstrations and experiments
As long as the testimony negate sthe possibility of Held admissible to help illustrate testimonies, but
tampering, it is adequate to prove chain of custody. admitting such depends upon sound court
discretion
In drugs cases
Duly recorded authorized custody of seized drugs Ephemeral electronic communication phone/ text/
etc. of each stage, from seizure to receipt in chat/ streaming/ audio sessions, which evidence is not
forensic laboratory to safekeeping and recorded or retained.
presentation in court for destruction.
Requisites
Demonstrative evidence Proven by testimony of person party to same, or
Definition one who has personal knowledge thereof.
Not the actual thing, but represents or demonstrates
the actual thing. E.g. mapd, diagrams, photographs, DNA Testing
models.
A court order is needed when one is to require
DNA testing for litigation. Also, the ff:
Photographs 1. Relevance to case
Requisites: 2. Not previously subjected to DNA testing/
a. Presented, displayed, and shown to court previous tests requiring confirmation
3. Scientifically valid technique
1 Issue of authentication is commonly called laying the foundation.

11 | M O R T E L E V I D E N C E NO TES A T T Y .T R A N Q U I L S A L V A D O R
 4. Can produce new information that is relevant
to resolution of case
5. Other factors which may affect the accuracy
and integrity of DNA testing.
Determining probative value of DNA evidence
1. Chain of custody
2. Testing methodology
3. Forensic laboratory
4. Reliability of testing result
DNA profiles are not open to scrutiny, except upon court
order and only to the ff. people:
1. Source of sample
2. Lawyers of parties in case
3. Duly authorized law enforcement agencies
4. Other persons as may be determined by court
5. Person designated and authorized by person
from whom sample was taken
Paraffin tests
Not reliable
Polygraph tests
Not reliable
Right against self incrimination
CANNOT be invoked in object evidence
Subject to examination, viewing, and exhibition to senses
of the Court
Things must be brought before the Court for
examination.
However, when such is impossible, the Court may
allow for a view of the object or scene.
o View going out of the courtroom to
observe places and objects
Is it possible to use an object which could not be
produced as object evidence?
Yes, through corroborative evidence.
Corroborative evidence evidence which tend
to establish a fact
Cumulative evidence evidence of the same
kind
Offer of testimonial evidence
To alert the judge of the purpose of presenting a
witness (section 34, rule 132)
How to object 2
Sec.6, Rule 133.
2 Tranquils tip.
12 | M O R T E L E VIDE NCE NO TE S
Court may stop introduction of evidence if it cannot
reasonably expected to ne additionally persuasive.
Self-serving testimony made out of court
CASES
Paraffin Test
Marturillas v. People, G.R. No. 163217, April 18,
2006
(Help me pre, I was shot by the Capitan; Gunshot wound;
negative paraffin test)
Dying Declaration: To be admissible, a dying
declaration must 1) refer to the cause and
circumstances surrounding the declarants death; 2) be
made under the consciousness of an impending death;
3) be made freely and voluntarily without coercion or
suggestions of improper influence; 4) be offered in a
criminal case, in which the death of the declarant is the
subject of inquiry; and 5) have been made by a
declarant competent to testify as a witness, had that
person been called upon to testify.
Statements made by a person while a startling
occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances
thereof, may be given in evidence as part of the res
gestae. So, also, statements accompanying an equivocal
act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.
Requisites for dying declaration to be part of res
gestae: A declaration is deemed part of the res gestae
and admissible in evidence as an exception to the
hearsay rule, when the following requisites concur: 1)
the principal act, the res gestae, is a startling
occurrence; 2) the statements were made before the
declarant had time to contrive or devise; and 3) the
statements concerned the occurrence in question and
its immediately attending circumstances.
Admissibility/weight of paraffin tests: A negative
paraffin test result is not a conclusive proof that a
person has not fired a gun.63 In other words, it is
possible to fire a gun and yet be negative for nitrates, as
when culprits wear gloves, wash their hands
afterwards, or are bathed in perspiration.64 Besides,
the prosecution was able to establish the events during
the shooting, including the presence of petitioner at the
scene of the crime. Hence, all other matters, such as the
negative paraffin test result, are of lesser probative
value.
A T T Y .T R A N Q U I L S A L V A D O R
Photograph as Evidence
Jose v. Court of Appeals, G.R. No. 118441, January 18,
2000
(damages for collision; partying victims)
(xxx)
B. DOCUMENTARY EVIDENCE
Sec. 2 . Documentary evidence. Documents as
evidence consist of writing or any material
containing letters, words, numbers, figures,
symbols or other modes of written expression
offered as proof of their contents.
CODAL
Forms
Writing
Any material containing written forms of
expression
Purpose
Contents are key. Documents are offered to prove
contents.
1. BEST EVIDENCE RULE
Sec. 3. Original document must be produced;
exceptions. When the subject of inquiry is the
contents of a document, no evidence shall be
admissible other than the original document itself,
except in the following cases:
(a)When the original has been lost or
destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
(b)When the original is in the custody or
under the control of the party against
whom the evidence is offered, and the latter
fails to produce it after reasonable notice;
(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 general result of the
whole; and
(d)When the original is a public record in
the custody of a public officer or is
recorded in a public office. (2a)
13 | M O R T E L E VIDE NCE NO TE S
Sec. 4 . Original of document.
(a)The original of the document is one the contents
of which are the subject of inquiry.
(b)When a document is in two 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. (3a)
CODAL
Best Evidence Rule
When contents are in issue, no other than original
may be presented in evidence.
Exceptions when original is:
o LOST: Lost/destroyed/cannot be
produced in court without bad faith on
part of offeror
o ADVERSE CUSTODY: In custody or under
the control of the party against whom the
evidence I being offered and latter fails to
return it after reasonable notice
o SOBRANG DAMI: Document consists of
numerous accounts/ other documents
cannot be examined without great loss of
time and the fact sought to be established
is the general result of the whole
o PUBLIC RECORD: Public record in custody
of public officer/ is recorded in public
office.
Original
The following are considered originals:
GENERALLY: Contents are subject of iquiry
2 COPIES:
o 2++ copies executed
o executed at or about the same time,
o identical contents
REPEATED:
o Repeated
o In the regular course of business
o one copied from another
o at or near the time of transaction.
Documentary evidence
Proof
Offered as proof of contents, and not mere
existence
Dual purpose
A T T Y .T R A N Q U I L S A L V A D O R
 May be offered both as documentary and object
evidence
LECTURE/ NOTES
Electronic evidence
Whenever a rule of evidence refers to the term of
writing, such includes an electronic document.
It is admissible in evidence if:
1. It complies with ROC rules on admissibility
2. authenticated
Part of documentary evidence when offered to
prove contents
Manner of authentication (PRIVATE DOCUMENTS ONLY)
1. by evidence that it had been digitally signed by
the person purported to have signed the same;
2. by evidence that other appropriate security
procedures or devices as may be authorized by
the Supreme Court or by law for authentication of
electronic documents were applied to the
document; or
3. by other evidence showing its integrity and
reliability to the satisfaction of the judge.
Proof of electronically notarized document
electronically notarized
in accordance with the rules
considered as a public document
proved as a notarial document under the ROC.
Best evidence rule
Meaning
Production of original to avoid substantial hazards
of inaccuracy and special errors
Contents must be in issue, not truth thereof
o If truth, hearsay evidence will apply.
o Terms must be the question, not facts
which have no regerent to its contents e.g.
existence, condition, execution, delivery.
Reasons
1. Need to present exact words as slight variation
may mean worlds of difference
2. Prevention of fraud
3. Avoid unintentional mistakes
4. Prevent erroneous interpretations
What originals are
1. OFFERED
2. 2++ COPIES
3. REPEATED
Exceptions
1. LOST
a. Also covers immovables
14 | M O R T E L EVID E NCE NO TES
b. Existence, execution, loss, contents
i. Execution either saw or
genuineness.
2. CUSTODY OF ANOTHER
a. Must have done everything in power to
obtain copy
3. NUMEROUS
a. Records must still be made accessible to
adverse party to very correctness/ enable
testing on cross-examination.
4. PUBLIC RECORD
a. Generally not removed from place where
there are recorded and kept.
Waiver of rule
1. If not raised in trial
2. SECONDARY EVIDENCE
Sec. 5. When original document is unavailable.
When the original document has been lost or
destroyed, or cannot be produced in court, the
offeror, upon proof of its execution or existence
and the cause of its unavailability without bad faith
on his part, may prove its contents by a copy, or by
a recital of its contents in some authentic
document, or by the testimony of witnesses in the
order stated. (4a)
Sec. 6. When original document is in adverse
party's custody or control. If the document is in
the custody or under the control of 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 the document,
secondary evidence may be presented as in the
case of its loss. (5a)
Sec. 7. Evidence admissible when original
document is a public record. When the original
of document is in the custody of 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.
Sec. 8 . Party who calls for document not bound to
offer it. A party who calls for the production of a
document and inspects the same is not obliged to
offer it as evidence.
CODAL
Loss, destruction, cannot be produced in court
Proof of execution/existence
No bad faith on part of offeror
A T T Y .T R A N Q U I L S A L V A D O R
 May prove the same through (this particular
order):
o A copy
o Recital of contents through authentic
document
o Testimony of witnesses
Custody of adverse party
Reasonable notice to adverse party
Adverse party still fails to produce it despite notice
Satisfactory proof of its existence
Public record
Certified copy
Issue by officer having custody of original
Option not to offer
Calls for production
Not obliged to offer the same
LECTURE/NOTES
Procedure for lost documents
1. Lay foundation
2. Present the ff, in this order:
a. Copy of original
b. Recital of its contents in some authentic
document
c. Testimony of witnesses
CASES
Edsa Shangrila v. BF Corporation, G.R. 145842, June
27, 2008
The only actual rule that the term best evidence
denotes is the rule requiring that the original of a
writing must, as a general proposition, be produced
and secondary evidence of its contents is not
admissible except where the original cannot be had.
Secondary evidence of the contents of a written
instrument or document refers to evidence other than
the original instrument or document itself: A party may
present secondary evidence of the contents of a writing
not only when the original is lost or destroyed, but also
when it is in the custody or under the control of the
adverse party.
Secondary evidence of the contents of a written
instrument or document refers to evidence other than
the original instrument or document itself. A party may
present secondary evidence of the contents of a writing
not only when the original is lost or destroyed, but also
when it is in the custody or under the control of the
adverse party. In either instance, however, certain
15 | M O R T E L E VIDE NCE NO TES
explanations must be given before a party can resort to
secondary evidence.
Conditions sine qua non for the presentation and
reception of the photocopies of the original document
as secondary evidence are:
1. there is proof of the original documents execution
or existence
2. there is proof of the cause of the original
documents unavailability, and
3. the offeror is in good faith
The mere fact that the original of the writing is in the
custody or control of the party against whom it is
offered does not warrant the admission of secondary
evidence. The offeror must prove that he has done all in
his power to secure the best evidence by giving notice
to the said party to produce the document. The notice
may be in the form of a motion for the production of
the original or made in open court in the presence of
the adverse party or via a subpoena duces tecum,
provided that the party in custody of the original has
sufficient time to produce the same. When such party
has the original of the writing and does not voluntarily
offer to produce it or refuses to produce it, secondary
evidence may be admitted.
Chua Gaw v. Chua G.R. No. 160855, April 16, 2008
A notarized document carries evidentiary weight as to
its due execution and documents acknowledged before
a notary public have in their favor the presumption of
regularity; The best evidence rule applies only when
the content of such document is the subject of the
inquiry.
The notarization of a private document converts it into
a public document, and makes it admissible in court
without further proof of its authenticity. It is entitled to
full faith and credit upon its face. A notarized document
carries evidentiary weight as to its due execution, and
documents acknowledged before a notary public have
in their favor the presumption of regularity. Such a
document must be given full force and effect absent a
strong, complete and conclusive proof of its falsity or
nullity on account of some flaws or defects recognized
by law. A public document executed and attested
through the intervention of a notary public is,
generally, evidence of the facts therein express in clear
unequivocal manner.
The best evidence rule as encapsulated in Rule 130,
Section 3, of the Revised Rules of Civil Procedure
applies only when the content of such document is the
subject of the inquiry. Where the issue is only as to
whether such document was actually executed, or
A T T Y .T R A N Q U I L S A L V A D O R
exists, or on the circumstances relevant to or
surrounding its execution, the best evidence rule does
not apply and testimonial evidence is admissible. Any
other substitutionary evidence is likewise admissible
without need to account for the original. Moreover,
production of the original may be dispensed with, in
the trial courts discretion, whenever the opponent
does not bona fide dispute the contents of the
document and no other useful purpose will be served
by requiring production.
Sasan v. NLRC, G.R. No. 160855, April 16, 2008
Technical rules of evidence do not apply if the decision
to grant the petition proceeds from an examination of
its sufficiency as well as a careful look into the
arguments contained in position papers and other
documents.
DECS v. del Rosario, G.R. No. 146596, January 26,
2005
( xxx)
3. PAROL EVIDENCE RULE
Sec. 9 .Evidence of written agreements. When the
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 written agreement if
he puts in issue in his pleading.
(a) An intrinsic ambiguity, mistake or
imperfection in the written agreement;
(b) The failure of the written agreement to
express the true intent and agreement of
the parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by
the parties or their successors in interest
after the execution of the written
agreement.
The term "agreement" includes wills. (7a)
CODAL
When terms of agreement reduced to writing
considered to contain all the terms agreed upon
and there can be
16 | M O R T E L EVID E NCE NO TES
There can be, as between parties/successors in
interest, no other evidence other than the contents
in the written agreement.
Exceptions: modify, add, explain the terms agreed
if he puts in issue in his pleading the ff: (VAIO)
1. AMBIGUITY: Intrinsic ambiguity, mistake,
imperfection
2. INTENT: fails to express true intent of perties
3. VALIDITY: validity of the written agreement
4. OTHER TERMS AFTER AGREEMENT: other
terms agreed to by parties after execution of
written agreement
LECTURE/ NOTES
Parol evidence evidence to modify, explain or add to a
written agreement. Be it noted that written agrements
are demmed to contain all terms agreed upon and there
can be.
Parol evidence rule - written or oral, answers question
what does contract contain - without looking
elsewhere for answers?
Applicability
Only to written contracts, no particular form, as
long as it reflects and agreement
Also to wills.
Only to parties and successors-in-interest
Purpose
Give certainty to written transactions
Preserve reliability
Protect sanctity of written agreements
Intrinsic ambiguity one that is not apparent on the
face of the document
Mistake/imperfection/true intent
Although parol evidence may be presented, it
cannot serve the purpose of incorporating into the
contract conditions which are not mentioned at all
in writing (E) if there has been fraud or mistake.
Reformation is the remedy where true intent is not
reflected, except
o Simple donations intervivos
o Wills
o Agreement is void.
Where there is not meeting of the minds, the
remedy is annulment.
Waiver
Failure to invoke benefits
A T T Y .T R A N Q U I L S A L V A D O R
Probative value This argument is untenable. Although parol evidence is
Existence of verbal agreement may still have to be admissible to explain the meaning of a contract, it
supported by evidence cannot serve the purpose of incorporating into the
contract additional contemporaneous conditions which
Best evidence vs. parol evidence are not mentioned at all in the writing unless there has
BEST EVIDENCE PAROL EVIDENCE been fraud or mistake. Evidence of a prior or
contemporaneous verbal agreement is generally not
Primacy Original over Presupposes original
issue secondary available admissible to vary, contradict or defeat the operation of
a valid contract.
Admission No secondary if No other except those
of other original available contained in
evidence agreement Marquez v. Espejo, G.R. No. 168387, August 25,
Parties Any litigant to Only parties to 2010
who may action document/successors
invoke in interest Well-settled is the rule that in case of doubt, it is the
Where All forms of Written agreements + intention of the contracting parties that prevails, for the
applicable writing wills intention is the soul of a contract, not its wording which
is prone to mistakes, inadequacies, or ambiguities.

CASES The parol evidence rule may not be invoked where at

ACI Phil.Inc. v. Coquia, G.R. No. 174466, July 14,
2008
It is a cardinal rule of evidence that the written
document is the best evidence of its own contents,
though a party may present evidence to modify, explain
or add to the terms of the agreement if he puts in issue
in his pleading the failure of the written agreement to
express the true intent and agreement of the parties.
least one of the parties to the suit is not a party or a
privy of a party to the written document in question,
and does not base his claim on the instrument or assert
a right originating in the instrument.
The Parol Evidence Rule excludes parol or extrinsic
evidence by which a party seeks to contradict, vary, add
to or subtract from the terms of a valid agreement or
instrument.

Seaoil Petroleum Corporation v. Autocorp.Group,
G.R. No. 164326, October 17, 2008
Unsubstantiated testimony, offered as proof of verbal
agreements which tends to vary the terms of a written
agreement, is inadmissible under the parol evidence
rule.Petitioner does not question the validity of the
vehicle sales invoice but merely argues that the same
does not reflect the true agreement of the parties.
However, petitioner only had its bare testimony to back
up the alleged arrangement with Rodriguez. The Monte
de Piedad checksthe supposedly clear and obvious
link between the documentary evidence and the true
transaction between the partiesare equivocal at best.
There is nothing in those checks to establish such link.
Rodriguez denies that there is such an agreement.
The parol evidence rule forbids any addition to, or
contradiction of, the terms of a written agreement by
testimony or other evidence purporting to show that
different terms were agreed upon by the parties,
varying the purport of the written contract. This
principle notwithstanding, petitioner would have the
Court rule that this case falls within the exceptions,
particularly that the written agreement failed to
express the true intent and agreement of the parties.
The Best Evidence Rule states that when the subject of
inquiry is the contents of a document, the best evidence
is the original document itself and no other evidence
(such as a reproduction, photocopy or oral evidence) is
admissible as a general rule.
4. INTERPRETATION OF DOCUMENTS3
Sec. 10 . Interpretation of a writing according to its
legal meaning. The language of a writing is to be
interpreted according to the legal meaning it bears
in the place of its execution, unless the parties
intended otherwise. (8)
Sec. 11 . Instrument construed so as to give effect to
all provisions. In the construction of an
instrument, where there are several provisions or
particulars, such a construction is, if possible, to be
adopted as will give effect to all. (9)
Sec. 12 . Interpretation according to intention;
general and particular provisions. In the
construction of an instrument, the intention of the
3 No notes, although sir said to read provisions. Most of these are
self-explanatory and/or taken up in statutory construction and
Obligations and Contracts.

17 | M O R T E L EVID E NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

parties is to be pursued; and when a general and a
particular provision are inconsistent, the latter is
paramount to the former. So a particular intent will
control a general one that is inconsistent with it.
(10)
Sec. 13 . Interpretation according to circumstances.
For the proper construction of an instrument,
the circumstances under which it was made,
including the situation of the subject thereof and of
the parties to it, may be shown, so that the judge
may be placed in the position of those who
language he is to interpret. (11)
Sec. 14 . Peculiar signification of terms. The
terms of a writing are presumed to have been used
in their primary and general acceptation, but
evidence is admissible to show that they have a
local, technical, or otherwise peculiar signification,
and were so used and understood in the particular
instance, in which case the agreement must be
construed accordingly. (12)
Sec. 15 . Written words control printed. When an
instrument consists partly of written words and
partly of a printed form, and the two are
inconsistent, the former controls the latter. (13)
Sec. 16 . Experts and interpreters to be used in
explaining certain writings. When the characters
in which an instrument is written are difficult to be
deciphered, or the language is not understood by
the court, the evidence of persons skilled in
deciphering the characters, or who understand the
language, is admissible to declare the characters or
the meaning of the language. (14)
Sec. 17 . Of Two constructions, which preferred.
When the terms of an agreement have been
intended in a different sense by the different
parties to it, that sense is to prevail against either
party in which he supposed the other understood it,
and when different constructions of a provision are
otherwise equally proper, that is to be taken which
is the most favorable to the party in whose favor
the provision was made. (15)
Sec. 18 . Construction in favor of natural right.
When an instrument is equally susceptible of two
interpretations, one in favor of natural right and
the other against it, the former is to be adopted.
(16)
Sec. 19 . Interpretation according to usage. An
instrument may be construed according to usage, in
order to determine its true character. (17)
18 | M O R T E L EVID E NCE NO TES
C. TESTIMONIAL EVIDENCE
1. QUALIFICATION OF WITNESSES
Sec. 20 . Witnesses; their qualifications. Except as
provided in the next succeeding section, all persons
who can perceive, and perceiving, can make their
known perception to others, may be witnesses.
Religious or political belief, interest in the outcome
of the case, or conviction of a crime unless
otherwise provided by law, shall not be ground for
disqualification. (18a)
Sec. 21 . Disqualification by reason of mental
incapacity or immaturity. The following persons
cannot be witnesses.
(a) Those whose mental condition, at the time
of their production for examination, is such
that they are incapable of intelligently
making known their perception to others;
(b) 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. (19a)
Sec. 22 . Disqualification by reason of marriage.
During their marriage, neither the husband nor the
wife may testify for or against the other without the
consent of the 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
latter's direct descendants or ascendants. (20a)
Sec. 23 . Disqualification by reason of death or
insanity of adverse party. Parties or assignor of
parties 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 such 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. (20a)
Sec. 24 . Disqualification by reason of privileged
communication. The following persons cannot
testify as to matters learned in confidence in the
following cases:
a. The husband or the wife, during or after the
marriage, cannot be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage except in a civil case by
one against the other, or in a criminal case for a
A T T Y .T R A N Q U I L S A L V A D O R
 crime committed by one against the other or
the latter's direct descendants or ascendants;
b. An attorney cannot, without the consent of his
client, be examined as to any communication
made by the client to him, or his advice given
thereon in the course of, or with a view to,
professional employment, nor can an attorney's
secretary, stenographer, or clerk be examined,
without the consent of the client and his
employer, concerning any fact the knowledge of
which has been acquired in such capacity;
c. 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 capacity, and which would
blacken the reputation of the patient;
d. 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;
o Perception: Mental capacity as to render
them incapable of perceiving facts
o Making known perception: Also problem
in relating them truthfully
Marital
During the marriage
Cannot be down without the consent of the affected
spouse
Exceptions
o (E) Civil case by one against the other
o (E) Criminal case for a crime committed by
one against the other or the latter's direct
descendants or ascendants.
Death/insanity
Pertains to matters of fact occurring before
death/insanity
The following cannot testify as to above matters:
o Parties or assignor of parties to a case
o Persons in whose behalf a case is
prosecuted
against an executor or
administrator
Against other representative of a
deceased person
against a person of unsound mind,
upon a claim or demand against
the estate of such deceased
insance

e. A public officer cannot be examined during his Privileged communication

term of office or afterwards, as to Pertains to mater learned in confidence
communications made to him in official
Spouses
confidence, when the court finds that the public o during or after the marriage
interest would suffer by the disclosure. (21a) o needs consent of the other
o involves any communication received in
CODAL confidence by one from the other during
the marriage
Qualifications o Exceptions:
All persons who can perceive Civ/crim case
In perceiving can make known their perceptions to Attorney
others o Needs consent of client
Religious/ political belief/ interest in the outcome o Involves any communication made by the
of case/ conviction of crime not grounds for client to him, or his advice given thereon in
disqualification. the course of, or with a view to,
professional employment
Disqualifications o Agency: the above rule also applies to the
Mental incapacity ff:
Secretary
Incapable of making known perceptions:
Stenographer
o At time of production for examination
Clerk
o Mental condition is such that they are
Needs consent of client and
incapable of making known their
employer
perception
Fact must have been acquired in
Children:
such capacity

19 | M O R T E L EVID E NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

 Doctor-client Children
o Doctor of medicine, surgery, obstetrics 1. mental maturity to render them incapable of
o Civil case perceiving facts respecting which he is examined
o Needs consent of patient as to matters 2. incapable of relating perception to others
involving the ff: 3. disqualification must be at time of perception of
any advice or treatment given by event + time of relating perceptions
him * see Child Witness Rule for more detailed discussion
information which he may have
acquired in attending such patient Dead mans statute
in a professional capacity applicable only to civil cases and special
info necessary to enable proceedings
him to act in capacity
Elements:
info would blacken the 1. Defendant is executor/ administrator/
reputation of the patient representative of deceased or insane person
Minister/ priest 2. Suit is upon claim by plaintiff agains the
o Involves any confession made to or any ESTATE OF DECEASED person
advice given by him in his professional 3. Witness is plaintiff (or assignor)
character 4. Subject: any matter occurring before detah of
o in the course of discipline enjoined by the such deceased person
church to which the minister or priest How to apply rule:
belongs 1. Parties: Identify plaintiff and defendant
Public officer must be a suit AGAINST the estate
o during his term of office or afterwards a. Defendant is representative of
o communications made to him in official deceased and entitled to invoke this
confidence defense
o when court finds that the public interest 2. Subject: Civil case, for claim against estate of
would suffer by the disclosure. deceased
3. Prohibition
LECTURE/NOTES Waiver:
1. Failure to object
Testimonial evidence - evidence elicited from mouth of 2. Cross examination of witness of prohibited
witness testimony
3. Offering evidence to rebut testimony
Qualifications of witness
1. can perceive Spousal Immunity
2. in perceiving can make his perceptions known Complete spousal immunity
a. ability to remember Any matter
b. ability to communicate what was During subsistence of marriage
remembered Testimony for or against the other
3. oath/affirmation Waiver: Failure to object
4. no disqualifications No agency

Making perceptions known Exceptions

Deaf-mutes
1. can understand and appreciate sanctity of oath
2. comprehension of facts they ar going to testify to
3. communicate through qualified interpreter
Disqualifications
Mental incapacity
1. incapable of making hid perception known to
others
2. incapability must exist at time of production for
examination
1. Civil case against the other
2. Criminal case against the other/ direct
descendants/ascendants
Where spouse is accused with others
Cannot testify against husband, but may against those
others implicated
Estranged spouses
Separation of spouses does not operate to terminate
the marriage. However, it has been ruled in a number
of cases that testimony may be allowed when the

20 | M O R T E L E VIDE NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

relationship has been so strained, so that there is no
more harmony to be preserved.
Marital privileged communication testimony involving
privileged communication between spouses
2. Doctor of medicine/surgery/obstetrics.
3. Advice, treatment, any other info given in attending
patient in a professional capacity.
4. Info necessary to enable him to act in that capacity.
5. Info would blacken reputation of patient.

Elements There need not be a contractual relationship, as

1. Valid marriage, during or after long as doctor attended to patient in his
2. Privileged communication received by reason of professional capacity.
marital relation and is not meant to be shared with Professional capacity may cover preventive or
others. curative treatment.
3. Such was received during marriage - If before or
Privilege survives death of patient.
after the marriage, objectionable under spousal
privilege (but not under spousal umminity)
4. No agency Waiver
Express
Waiver Implied as when patient discloses information.
Failure to raise timely objection Operation of law

Spousal immunity vs. spousal privilege Priest-Penitent Privilege involving confessions/

IMMUNITY PRIVILEGE advices made in professional capacity
Matters Not necessarily Privileged/
covered privileged confidential, What are covered
Time covered Before and During marriage 1. Confession of sins
(info received) during marriage 2. Made in ministers professional/ spiritual capacity
Operational During marriage During AND after
period marriage Public officers - communications which would
Parties One spouse is Spouses need not adversely affect public interest
party to action be parties to
action Requisites
Agency None None 1. Communication made in official confidence
2. When court finds public interest will suffer
Attorney-client privilege communications between a 3. Examination cannot be made during term of office .
lawyer and his client
Executive privilege power of the government to
Requisites withhold information from the public, courts, congress.
1. Communication made to client by an attorney
2. Such must have been given in confidence Coverage
3. Given in the course of professional employment/ 1. Military
with a view to professional employment 2. Diplomatic
perfected relationship not required 3. Other national security matters
4. Agency. 4. Presidential conversations
5. Correspondences
When lawyer and client became embroiled in 6. Discussions in closed-door meetings
controversy, privilege is removed.
Privilege is owned by client. Nixon, In Re Sealed Case and Judicial Watch as cited
Protection will survive death of client. in Neri v. Senate Committees on Accountability,
Arises from fiduciary relationship. Investigations, trade and commerce, national
Evidentiary matters are not covered by privilege. defense and security

Physician-patient privilege - communications between a Elements of executive privilege

medical doctor and his patient 1. information related to a quintessential and non-
delegable power of the President
Requisites 2. communication was received by a close advisor of
1. Civil case the President

21 | M O R T E L E VIDE NCE NO TE S A T T Y .T R A N Q U I L S A L V A D O R
3. showing of adequate and compelling need that
would justify the limitation of the privilege and the
unavailability of the information elsewhere by an
appropriate investigating authority.

2. 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. (20a)

CODAL
Parental parent cannot be compelled to testify
against child/ direct descendant
Filial child cannot be compelled to testify against
parents/ direct ascendants

LECTURE/NOTES

Not absolute
When a parent/child/etc voluntarily offers
testimony, then such is not objectionable.

Exceptions
Under the Family code, descendant may be
compelled to give testimony in the ff. criminal case
instances:
1. Testimony is indispensable in a crime
committed against descendant
2. In a crime committed against one parent by
another.

Other Privileged information

PERSONS INFORMATION
Editors Sources of published news
Voters Votes
People Trade secrets
Tax payer Tax census returns
Banking transaction bank deposits
parties
Parties to labor Information and
conciliation proceedings statements therein
Institutions covered by Suspicious transactions
AMLA

22 | M O R T E L EVID E NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R


APPENDIX 1
CHILD WITNESS EXAMINATION RULE
SECTION 1. Applicability of the Rule. Unless
otherwise provided, this Rule shall govern the
examination of child witnesses who are victims of
crime, accused of a crime, and witnesses to crime. It
shall apply in all criminal proceedings and non-criminal
proceedings involving child witnesses.
SEC. 2. Objectives. The objectives of this Rule
are to create and maintain an environment that will
allow children to give reliable and complete evidence,
minimize trauma to children, encourage children to
testify in legal proceedings, and facilitate the
ascertainment of truth.
SEC. 3. Construction of the Rule. This Rule
shall be liberally construed to uphold the best interests
of the child and to promote maximum accommodation
of child witnesses without prejudice to the
constitutional rights of the accused.
SEC. 4. Definitions.
(a) A child witness is any person who at the
time of giving testimony is below the age of eighteen
(18) years. In child abuse cases, a child includes one
over eighteen (18) years but is found by the court as
unable to fully take care of himself or protect himself
from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental
disability or condition.
(b) Child abuse means physical, psychological,
or sexual abuse, and criminal neglect as defined in
Republic Act No. 7610 and other related laws.
(c) Facilitator means a person appointed by the
court to pose questions to a child.
(d) Record regarding a child or record means
any photograph, videotape, audiotape, film,
handwriting, typewriting, printing, electronic
recording, computer data or printout, or other
memorialization, including any court document,
pleading, or any copy or reproduction of any of the
foregoing, that contains the name, description, address,
school, or any other personal identifying information
about a child or his family and that is produced or
maintained by a public agency, private agency, or
individual.
23 | M O R T E L EVIDE NCE NO TES
(e) A guardian ad litem is a person appointed by
the court where the case is pending for a child who is a
victim of, accused of, or a witness to a crime to protect
the best interests of the said child.
(f) A support person is a person chosen by the
child to accompany him to testify at or attend a judicial
proceeding or deposition to provide emotional support
for him.
(g) Best interests of the child means the totality
of the circumstances and conditions as are most
congenial to the survival, protection, and feelings of
security of the child and most encouraging to his
physical, psychological, and emotional development. It
also means the least detrimental available alternative
for safeguarding the growth and development of the
child.
(h) Developmental level refers to the specific
growth phase in which most individuals are expected
to behave and function in relation to the advancement
of their physical, socio-emotional, cognitive, and moral
abilities.
(i) In-depth investigative interview or
disclosure interview is an inquiry or proceeding
conducted by duly trained members of a
multidisciplinary team or representatives of law
enforcement or child protective services for the
purpose of determining whether child abuse has been
committed.
SEC. 5. Guardian ad litem.
(a) The court may appoint a guardian ad litem for
a child who is a victim of, accused of, or a witness to a
crime to promote the best interests of the child. In
making the appointment, the court shall consider the
background of the guardian ad litem and his familiarity
with the judicial process, social service programs, and
child development, giving preference to the parents of
the child, if qualified. The guardian ad litem may be a
member of the Philippine Bar. A person who is a
witness in any proceeding involving the child cannot be
appointed as a guardian ad litem.
(b) The guardian ad litem:
(1) Shall attend all interviews, depositions,
hearings, and trial proceedings in which a child
participates;
(2) Shall make recommendations to the
court concerning the welfare of the child;
(3) Shall have access to all reports,
evaluations, and records necessary to effectively
advocate for the child, except privileged
communications;
A T T Y .T R A N Q U I L S A L V A D O R
 (4) Shall marshal and coordinate the
delivery of resources and special services to the
child;
(5) Shall explain, in language
understandable to the child, all legal proceedings,
including police investigations, in which the child
is involved;
(6) Shall assist the child and his family in
coping with the emotional effects of crime and
subsequent criminal or non-criminal proceedings
in which the child is involved;
(7) May remain with the child while the
child waits to testify;
(8) May interview witnesses; and
(9) May request additional examinations by
medical or mental health professionals if there is
a compelling need therefor.
(c) The guardian ad litem shall be notified of all
proceedings but shall not participate in the
trial. However, he may file motions pursuant to
sections 9, 10, 25, 26, 27 and 31(c). If the guardian ad
litem is a lawyer, he may object during trial that
questions asked of the child are not appropriate to his
developmental level.
(d) The guardian ad litem may communicate
concerns regarding the child to the court through an
officer of the court designated for that purpose.
(e) The guardian ad litem shall not testify in any
proceeding concerning any information, statement, or
opinion received from the child in the course of serving
as a guardian ad litem, unless the court finds it
necessary to promote the best interests of the child.
(f) The guardian ad litem shall be presumed to
have acted in good faith in compliance with his duties
described in sub-section (b).
SEC. 6. Competency. Every child is presumed
qualified to be a witness. However, the court shall
conduct a competency examination of a child, motu
proprio or on motion of a party, when it finds that
substantial doubt exists regarding the ability of the
child to perceive, remember, communicate, distinguish
truth from falsehood, or appreciate the duty to tell the
truth in court.
(a) Proof of necessity. A party seeking a
competency examination must present proof of
necessity of competency examination. The age of the
child by itself is not a sufficient basis for a competency
examination.
(b) Burden of proof. To rebut the presumption
of competence enjoyed by a child, the burden of proof
lies on the party challenging his competence.
24 | M O R T E L E V I D E N C E NO TES
(c) Persons allowed at competency examination.
Only the following are allowed to attend a competency
examination:
(1) The judge and necessary court personnel;
(2) The counsel for the parties;
(3) The guardian ad litem;
(4) One or more support persons for the child;
and
(5) The defendant, unless the court determines
that competence can be fully evaluated in his absence.
(d) Conduct of examination. Examination of a
child as to his competence shall be conducted only by
the judge. Counsel for the parties, however, can submit
questions to the judge that he may, in his discretion,
ask the child.
(e) Developmentally appropriate questions. The
questions asked at the competency examination shall
be appropriate to the age and developmental level of
the child; shall not be related to the issues at trial; and
shall focus on the ability of the child to remember,
communicate, distinguish between truth and falsehood,
and appreciate the duty to testify truthfully.
(f) Continuing duty to assess competence. The
court has the duty of continuously assessing the
competence of the child throughout his testimony.
SEC. 7. Oath or affirmation. Before testifying,
a child shall take an oath or affirmation to tell the truth.
SEC. 8. Examination of a child witness. The
examination of a child witness presented in a hearing
or any proceeding shall be done in open court. Unless
the witness is incapacitated to speak, or the question
calls for a different mode of answer, the answers of the
witness shall be given orally.
The party who presents a child witness or the
guardian ad litem of such child witness may, however,
move the court to allow him to testify in the manner
provided in this Rule.
SEC. 9. Interpreter for child.
(a) When a child does not understand the English
or Filipino language or is unable to communicate in
said languages due to his developmental level, fear,
shyness, disability, or other similar reason, an
interpreter whom the child can understand and who
understands the child may be appointed by the
court, motu proprio or upon motion, to interpret for the
child.
A T T Y .T R A N Q U I L S A L V A D O R
 (b) If a witness or member of the family of the (c) If the support person who is also a witness is
child is the only person who can serve as an interpreter allowed by the court, his testimony shall be presented
for the child, he shall not be disqualified and may serve ahead of the testimony of the child.
as the interpreter of the child. The interpreter,
however, who is also a witness, shall testify ahead of SEC. 12. Waiting area for child witnesses. The
the child. courts are encouraged to provide a waiting area for
(c) An interpreter shall take an oath or children that is separate from waiting areas used by
affirmation to make a true and accurate interpretation. other persons. The waiting area for children should be
furnished so as to make a child comfortable.
SEC. 10. Facilitator to pose questions to
child. SEC. 13. Courtroom environment. To create a
more comfortable environment for the child, the court
(a) The court may, motu proprio or upon motion,
may, in its discretion, direct and supervise the location,
appoint a facilitator if it determines that the child is
movement and deportment of all persons in the
unable to understand or respond to questions asked.
courtroom including the parties, their counsel, child,
The facilitator may be a child psychologist, psychiatrist,
witnesses, support persons, guardian ad litem,
social worker, guidance counselor, teacher, religious
facilitator, and court personnel. The child may be
leader, parent, or relative.
allowed to testify from a place other than the witness
(b) If the court appoints a facilitator, the
chair. The witness chair or other place from which the
respective counsels for the parties shall pose questions
child testifies may be turned to facilitate his testimony
to the child only through the facilitator. The questions
but the opposing party and his counsel must have a
shall either be in the words used by counsel or, if the
frontal or profile view of the child during the testimony
child is not likely to understand the same, in words that
of the child. The witness chair or other place from
are comprehensible to the child and which convey the
which the child testifies may also be rearranged to
meaning intended by counsel.
allow the child to see the opposing party and his
(c) The facilitator shall take an oath or affirmation
counsel, if he chooses to look at them, without turning
to pose questions to the child according to the meaning
his body or leaving the witness stand. The judge need
intended by counsel.
not wear his judicial robe.
SEC. 11. Support persons.
Nothing in this section or any other provision of
(a) A child testifying at a judicial proceeding or law, except official in-court identification provisions,
making a deposition shall have the right to be shall be construed to require a child to look at the
accompanied by one or two persons of his own accused.
choosing to provide him emotional support.
Accommodations for the child under this section
(1) Both support persons shall remain
need not be supported by a finding of trauma to the
within the view of the child during his testimony.
child.
(2) One of the support persons may
accompany the child to the witness stand,
SEC. 14. Testimony during appropriate hours.
provided the support person does not completely
The court may order that the testimony of the child
obscure the child from the view of the opposing
should be taken during a time of day when the child is
party, judge, or hearing officer.
well-rested.
(3) The court may allow the support person
to hold the hand of the child or take other
SEC. 15. Recess during testimony.
appropriate steps to provide emotional support
to the child in the course of the proceedings. The child may be allowed reasonable periods of
(4) The court shall instruct the support relief while undergoing direct, cross, re-direct, and re-
persons not to prompt, sway, or influence the cross examinations as often as necessary depending on
child during his testimony. his developmental level.
(b) If the support person chosen by the child is
SEC. 16. Testimonial aids. The court shall
also a witness, the court may disapprove the choice if it
permit a child to use dolls, anatomically-correct dolls,
is sufficiently established that the attendance of the
puppets, drawings, mannequins, or any other
support person during the testimony of the child would
appropriate demonstrative device to assist him in his
pose a substantial risk of influencing or affecting the
testimony.
content of the testimony of the child.

25 | M O R T E L EVID E NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

 SEC. 17. Emotional security item. While exclude the public from trial, except court personnel
testifying, a child shall be allowed to have an item of his and the counsel of the parties.
own choosing such as a blanket, toy, or doll.
SEC. 24. Persons prohibited from entering and
SEC. 18. Approaching the witness. The court leaving courtroom. The court may order that
may prohibit a counsel from approaching a child if it persons attending the trial shall not enter or leave the
appears that the child is fearful of or intimidated by the courtroom during the testimony of the child.
counsel.
SEC. 25. Live-link television testimony in
SEC. 19. Mode of questioning. The court shall criminal cases where the child is a victim or a
exercise control over the questioning of children so as witness.
to
(a) The prosecutor, counsel or the guardian ad
(1) facilitate the ascertainment of the truth,
litem may apply for an order that the testimony of the
(2) ensure that questions are stated in a form
child be taken in a room outside the courtroom and be
appropriate to the developmental level of the
televised to the courtroom by live-link television.
child,
(3) protect children from harassment or undue
Before the guardian ad litem applies for an order
embarrassment, and
under this section, he shall consult the prosecutor or
(4) avoid waste of time.
counsel and shall defer to the judgment of the
The court may allow the child witness to testify in
prosecutor or counsel regarding the necessity of
a narrative form.
applying for an order. In case the guardian ad ltiem is
convinced that the decision of the prosecutor or
SEC. 20. Leading questions. The court may
counsel not to apply will cause the child serious
allow leading questions in all stages of examination of a
emotional trauma, he himself may apply for the order.
child if the same will further the interests of justice.
The person seeking such an order shall apply at
SEC. 21. Objections to questions. Objections to
least five (5) days before the trial date, unless the court
questions should be couched in a manner so as not to
finds on the record that the need for such an order was
mislead, confuse, frighten, or intimidate the child.
not reasonably foreseeable.
SEC. 22. Corroboration. Corroboration shall
(b) The court may motu proprio hear and
not be required of a testimony of a child. His testimony,
determine, with notice to the parties, the need for
if credible by itself, shall be sufficient to support a
taking the testimony of the child through live-link
finding of fact, conclusion, or judgment subject to the
television.
standard of proof required in criminal and non-
criminal cases.
(c) The judge may question the child in chambers,
or in some comfortable place other than the courtroom,
SEC. 23. Excluding the public. When a child
in the presence of the support person, guardian ad
testifies, the court may order the exclusion from the
litem, prosecutor, and counsel for the parties. The
courtroom of all persons, including members of the
questions of the judge shall not be related to the issues
press, who do not have a direct interest in the
at trial but to the feelings of the child about testifying in
case. Such an order may be made to protect the right to
the courtroom.
privacy of the child or if the court determines on the
record that requiring the child to testify in open court
(d) The judge may exclude any person, including
would cause psychological harm to him, hinder the
the accused, whose presence or conduct causes fear to
ascertainment of truth, or result in his inability to
the child.
effectively communicate due to embarrassment, fear,
or timidity. In making its order, the court shall
(e) The court shall issue an order granting or
consider the developmental level of the child, the
denying the use of live-link television and
nature of the crime, the nature of his testimony
stating the reasons therefor. It shall consider
regarding the crime, his relationship to the accused and
the following factors:
to persons attending the trial, his desires, and the
interests of his parents or legal guardian. The court (1) The age and level of development of the
may, motu proprio, exclude the public from the child;
courtroom if the evidence to be produced during trial is (2) His physical and mental health, including
of such character as to be offensive to decency or public any mental or physical disability;
morals. The court may also, on motion of the accused,

26 | M O R T E L E VIDE NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

 (3) Any physical, emotional, or psychological finds just and appropriate, taking into
injury experienced by him; consideration the best interests of the child.
(4) The nature of the alleged abuse;
(h) The testimony of the child shall be preserved
(5) Any threats against the child;
on videotape, digital disc, or other similar devices
(6) His relationship with the accused or
which shall be made part of the court record and shall
adverse party;
be subject to a protective order as provided in section
(7) His reaction to any prior encounters with
31(b).
the accused in court or elsewhere;
(8) His reaction prior to trial when the topic
SEC. 26. Screens, one-way mirrors, and other
of testifying was discussed with him by
devices to shield child from accused.
parents or professionals;
(9) Specific symptoms of stress exhibited by (a) The prosecutor or the guardian ad litem may
the child in the days prior to testifying; apply for an order that the chair of the child or that a
(10) Testimony of expert or lay witnesses; screen or other device be placed in the courtroom in
(11) The custodial situation of the child and such a manner that the child cannot see the accused
the attitude of the members of his family while testifying. Before the guardian ad litem applies
regarding the events about which he will for an order under this section, he shall consult with
testify; and the prosecutor or counsel subject to the second and
(12) Other relevant factors, such as court third paragraphs of section 25(a) of this Rule. The
atmosphere and formalities of court court shall issue an order stating the reasons and
procedure. describing the approved courtroom arrangement.
(f) The court may order that the testimony of the
(b) If the court grants an application to shield the
child be taken by live-link television if there is a
child from the accused while testifying in the
substantial likelihood that the child would suffer
courtroom, the courtroom shall be arranged to enable
trauma from testifying in the presence of the accused,
the accused to view the child.
his counsel or the prosecutor as the case may be. The
trauma must be of a kind which would impair the
SEC. 27. Videotaped deposition.
completeness or truthfulness of the testimony of the
child. (a) The prosecutor, counsel, or guardian ad
litem may apply for an order that a deposition be taken
(g) If the court orders the taking of testimony by of the testimony of the child and that it be recorded and
live-link television: preserved on videotape. Before the guardian ad
litem applies for an order under this section, he shall
(1) The child shall testify in a room separate
consult with the prosecutor or counsel subject to the
from the courtroom in the presence of the
second and third paragraphs of section 25(a).
guardian ad litem; one or both of his support
persons; the facilitator and interpreter, if any; a
(b) If the court finds that the child will not be able
court officer appointed by the court; persons
to testify in open court at trial, it shall issue an order
necessary to operate the closed-circuit television
that the deposition of the child be taken and preserved
equipment; and other persons whose presence
by videotape.
are determined by the court to be necessary to
the welfare and well-being of the child;
(c) The judge shall preside at the videotaped
(2) The judge, prosecutor, accused, and
deposition of a child. Objections to deposition
counsel for the parties shall be in the
testimony or evidence, or parts thereof, and the
courtroom. The testimony of the child shall be
grounds for the objection shall be stated and shall be
transmitted by live-link television into the
ruled upon at the time of the taking of the
courtroom for viewing and hearing by the judge,
deposition. The other persons who may be permitted
prosecutor, counsel for the parties, accused,
to be present at the proceeding are:
victim, and the public unless excluded.
(3) If it is necessary for the child to identify (1) The prosecutor;
the accused at trial, the court may allow the child (2) The defense counsel;
to enter the courtroom for the limited purpose of (3) The guardian ad litem;
identifying the accused, or the court may allow (4) The accused, subject to sub-section (e);
the child to identify the accused by observing the (5) Other persons whose presence is
image of the latter on a television monitor. determined by the court to be necessary to
(4) The court may set other conditions and the welfare and well-being of the child;
limitations on the taking of the testimony that it

27 | M O R T E L E VIDE NCE NO TES A T T Y .T R A N Q U I L S A L V A D O R

 (6) One or both of his support persons, the
facilitator and interpreter, if any;
(7) The court stenographer; and
(8) Persons necessary to operate the
videotape equipment.
(d) The rights of the accused during trial,
especially the right to counsel and to confront and
cross-examine the child, shall not be violated during
the deposition.
(e) If the order of the court is based on evidence
that the child is unable to testify in the physical
presence of the accused, the court may direct the latter
to be excluded from the room in which the deposition
is conducted. In case of exclusion of the accused, the
court shall order that the testimony of the child be
taken by live-link television in accordance with section
25 of this Rule. If the accused is excluded from the
deposition, it is not necessary that the child be able to
view an image of the accused.
(f) The videotaped deposition shall be preserved
and stenographically recorded. The videotape and the
stenographic notes shall be transmitted to the clerk of
the court where the case is pending for safekeeping and
shall be made a part of the record.
(g) The court may set other conditions on the
taking of the deposition that it finds just and
appropriate, taking into consideration the best
interests of the child, the constitutional rights of the
accused, and other relevant factors.
(h) The videotaped deposition and stenographic
notes shall be subject to a protective order as provided
in section 31(b).
(i) If, at the time of trial, the court finds that the
child is unable to testify for a reason stated in section
25(f) of this Rule, or is unavailable for any reason
described in section 4(c), Rule 23 of the 1997 Rules of
Civil Procedure, the court may admit into evidence the
videotaped deposition of the child in lieu of his
testimony at the trial. The court shall issue an order
stating the reasons therefor.
(j) After the original videotaping but before or
during trial, any party may file any motion for
additional videotaping on the ground of newly
discovered evidence. The court may order an
additional videotaped deposition to receive the newly
discovered evidence.
SEC. 28. Hearsay exception in child abuse
cases. A statement made by a child describing any
28 | M O R T E L E VIDE NCE NO TES
act or attempted act of child abuse, not otherwise
admissible under the hearsay rule, may be admitted in
evidence in any criminal or non-criminal proceeding
subject to the following rules:
(a) Before such hearsay statement may be
admitted, its proponent shall make known to the
adverse party the intention to offer such statement and
its particulars to provide him a fair opportunity to
object. If the child is available, the court shall, upon
motion of the adverse party, require the child to be
present at the presentation of the hearsay statement
for cross-examination by the adverse party. When the
child is unavailable, the fact of such circumstance must
be proved by the proponent.
(b) In ruling on the admissibility of such hearsay
statement, the court shall consider the time,
content and circumstances thereof which
provide sufficient indicia of reliability. It shall
consider the following factors:
(1) Whether there is a motive to lie;
(2) The general character of the declarant child;
(3) Whether more than one person heard the
statement;
(4) Whether the statement was spontaneous;
(5) The timing of the statement and the
relationship between the declarant child and
witness;
(6) Cross-examination could not show the lack of
knowledge of the declarant child;
(7) The possibility of faulty recollection of the
declarant child is remote; and
(8) The circumstances surrounding the
statement are such that there is no reason to
suppose the declarant child misrepresented the
involvement of the accused.
(c) The child witness shall be considered
unavailable under the following situations:
(1) Is deceased, suffers from physical infirmity,
lack of memory, mental illness, or will be
exposed to severe psychological injury; or
(2) Is absent from the hearing and the proponent
of his statement has been unable to procure his
attendance by process or other reasonable
means.
(d) When the child witness is unavailable, his
hearsay testimony shall be admitted only if
corroborated by other admissible evidence.
SEC. 29. Admissibility of videotaped and
audiotaped in-depth investigative or disclosure
A T T Y .T R A N Q U I L S A L V A D O R
interviews in child abuse cases. The court may
admit videotape and audiotape in-depth investigative
or disclosure interviews as evidence, under the
following conditions:
(a) The child witness is unable to testify in court
on grounds and under conditions established under
section 28 (c).
(b) The interview of the child was conducted by
duly trained members of a multidisciplinary team or
representatives of law enforcement or child protective
services in situations where child abuse is suspected so
as to determine whether child abuse occurred.
(c) The party offering the videotape or audiotape
must prove that:
(1) the videotape or audiotape discloses the
identity of all individuals present and at all
times includes their images and voices;
(2) the statement was not made in response
to questioning calculated to lead the child to
make a particular statement or is clearly
shown to be the statement of the child and
not the product of improper suggestion;
(3) the videotape and audiotape machine or
device was capable of recording testimony;
(4) the person operating the device was
competent to operate it;
(5) the videotape or audiotape is authentic
and correct; and
(6) it has been duly preserved.
The individual conducting the interview of the
child shall be available at trial for examination by any
party. Before the videotape or audiotape is offered in
evidence, all parties shall be afforded an opportunity to
view or listen to it and shall be furnished a copy of a
written transcript of the proceedings.
The fact that an investigative interview is not
videotaped or audiotaped as required by this section
shall not by itself constitute a basis to exclude from
evidence out-of-court statements or testimony of the
child. It may, however, be considered in determining
the reliability of the statements of the child describing
abuse.
SEC. 30. Sexual abuse shield rule.
(a) Inadmissible evidence. The following
evidence is not admissible in any criminal proceeding
involving alleged child sexual abuse:
(1) Evidence offered to prove that the
alleged victim engaged in other sexual
behavior; and
29 | M O R T E L E VIDE NCE NO TES
(2) Evidence offered to prove the sexual
predisposition of the alleged victim.
(b) Exception. Evidence of specific instances of
sexual behavior by the alleged victim to prove that a
person other than the accused was the source of semen,
injury, or other physical evidence shall be admissible.
A party intending to offer such evidence must:
(1) File a written motion at least fifteen (15)
days before trial, specifically describing the
evidence and stating the purpose for which it is
offered, unless the court, for good cause, requires
a different time for filing or permits filing during
trial; and
(2) Serve the motion on all parties and the
guardian ad litem at least three (3) days before
the hearing of the motion.
Before admitting such evidence, the court must
conduct a hearing in chambers and afford the child, his
guardian ad litem, the parties, and their counsel a right
to attend and be heard. The motion and the record of
the hearing must be sealed and remain under seal and
protected by a protective order set forth in section
31(b). The child shall not be required to testify at the
hearing in chambers except with his consent.
SEC. 31. Protection of privacy and safety.
(a) Confidentiality of records. Any record
regarding a child shall be confidential and kept under
seal. Except upon written request and order of the
court, a record shall only be released to the following:
(1) Members of the court staff for administrative
use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement
agencies; and
(6) Other persons as determined by the court.
(b) Protective order. Any videotape or
audiotape of a child that is part of the court record shall
be under a protective order that provides as follows:
(1) Tapes may be viewed only by parties, their
counsel, their expert witness, and the
guardian ad litem.
(2) No tape, or any portion thereof, shall be
divulged by any person mentioned in sub-section
(a) to any other person, except as necessary for
the trial.
(3) No person shall be granted access to the tape,
its transcription or any part thereof unless he
signs a written affirmation that he has received
and read a copy of the protective order; that he
A T T Y .T R A N Q U I L S A L V A D O R
 submits to the jurisdiction of the court with
respect to the protective order; and that in case
of violation thereof, he will be subject to the
contempt power of the court.
(4) Each of the tape cassettes and transcripts
thereof made available to the parties, their
counsel, and respective agents shall bear the
following cautionary notice:
This object or document and the
contents thereof are subject to a
protective order issued by the
court in (case title) , (case
number) . They shall not be
examined, inspected, read,
viewed, or copied by any person,
or disclosed to any person, except
as provided in the protective
order. No additional copies of the
tape or any of its portion shall be
made, given, sold, or shown to
any person without prior court
order. Any person violating such
protective order is subject to the
contempt power of the court and
other penalties prescribed by
law.
(5) No tape shall be given, loaned, sold, or shown
to any person except as ordered by the court.
(6) Within thirty (30) days from receipt, all
copies of the tape and any transcripts thereof
shall be returned to the clerk of court for
safekeeping unless the period is extended by the
court on motion of a party.
(7) This protective order shall remain in full
force and effect until further order of the court.
(c) Additional protective orders. The court
may, motu proprio or on motion of any party, the child,
his parents, legal guardian, or the guardian ad
litem, issue additional orders to protect the privacy of
the child.
(d) Publication of identity contemptuous.
Whoever publishes or causes to be published in any
format the name, address, telephone number, school, or
other identifying information of a child who is or is
alleged to be a victim or accused of a crime or a witness
thereof, or an immediate family of the child shall be
liable to the contempt power of the court.
(e) Physical safety of child; exclusion of evidence.
A child has a right at any court proceeding not to
testify regarding personal identifying information,
including his name, address, telephone number, school,
and other information that could endanger his physical
30 | M O R T E L E VIDE NCE NO TE S
safety or his family. The court may, however, require
the child to testify regarding personal identifying
information in the interest of justice.
(f) Destruction of videotapes and audiotapes.
Any videotape or audiotape of a child produced under
the provisions of this Rule or otherwise made part of
the court record shall be destroyed after five (5) years
have elapsed from the date of entry of judgment.
(g) Records of youthful offender. Where a
youthful offender has been charged before any city or
provincial prosecutor or before any municipal judge
and the charges have been ordered dropped, all the
records of the case shall be considered as privileged
and may not be disclosed directly or indirectly to
anyone for any purpose whatsoever.
Where a youthful offender has been charged and
the court acquits him, or dismisses the case or commits
him to an institution and subsequently releases him
pursuant to Chapter 3 of P. D. No. 603, all the records of
his case shall also be considered as privileged and may
not be disclosed directly or indirectly to anyone except
to determine if a defendant may have his sentence
suspended under Article 192 of P. D. No. 603 or if he
may be granted probation under the provisions of P. D.
No. 968 or to enforce his civil liability, if said liability
has been imposed in the criminal action. The youthful
offender concerned shall not be held under any
provision of law to be guilty of perjury or of
concealment or misrepresentation by reason of his
failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made to him
for any purpose.
Records within the meaning of this sub-section
shall include those which may be in the files of the
National Bureau of Investigation and with any police
department or government agency which may have
been involved in the case. (Art. 200, P. D. No. 603)
SEC. 32. Applicability of ordinary rules. The
provisions of the Rules of Court on deposition,
conditional examination of witnesses, and evidence
shall be applied in a suppletory character.
SEC. 33. Effectivity. This Rule shall take effect
on December 15, 2000 following its publication in two
(2) newspapers of general circulation.
A T T Y .T R A N Q U I L S A L V A D O R

APPENDIX 2
RE: RULES ON ELECTRONIC EVIDENCE
RULE 1 - COVERAGE
SECTION 1. Scope. - Unless otherwise provided herein,
these Rules shall apply whenever an electronic data
message, as defined in Rule 2 hereof, is offered or used
in evidence.
SEC. 2. Cases covered. - These Rules shall apply to all
civil actions and proceedings, as well as quasi-judicial
and administrative cases.
SEC. 3. Application of the other rules on evidence. - In
all matters not specifically covered by these Rules, the
Rules of Court and pertinent provisions of statues
containing rules on evidence shall apply.
Scope and Coverage
Whenever electronic data message is OFFERED or
USED in evidence in the following kinds of cases:
1. civil actions
2. quasi-judicial
3. administrative
RULE 2 - DEFINITION OF TERMS/ CONSTRUCTION
SECTION 1. Definition of Terms. - For purposes of these
Rules, the following terms are defined, as follows:
(a) Asymmetric or public cryptosystem means a
system capable of generating a secure key pair,
consisting of a private key for creating a digital
signature, and a public key for verifying the digital
signature.
(b) Business records include records of any business,
institution, association, profession, occupation, and
calling of every kind, whether or not conducted for
profit, or for legitimate purposes.
(c) Certificate means an electronic document issued
to support a digital signature which purports to
confirm the identity or other significant characteristics
of the person who holds a particular key pair.
(d) Computer refers to any single or interconnected
device or apparatus, which, by electronic, electro-
mechanical or magnetic impulse, or by other means
with the same function, can receive, record, transmit,
31 | M O R T E L E VIDE NCE NO TE S
store, process, correlate, analyze, project, retrieve
and/or produce information, data, text, graphics,
figures, voice, video, symbols or other modes of
expression or perform any one or more of these
functions.
(e) Digital Signature refers to an electronic signature
consisting of a transformation of an electronic
document or an electronic data message using an
asymmetric or public cryptosystem such that a person
having the initial untransformed electronic document
and the signers public key can accurately determine:
(i) whether the transformation was created
using the private key that corresponds to the
signers public key; and
(ii) whether the initial electronic document
had been altered after the transformation was
made.
(f) Digitally signed refers to an electronic document
or electronic data message bearing a digital signature
verified by the public key listed in a certificate.
(g) Electronic data message refers to information
generated, sent, received or stored by electronic,
optical or similar means.
(h) Electronic document refers to information or the
representation of information, data, figures, symbols or
other modes of written expression, described or
however represented, by which a right is established or
an obligation extinguished, or by which a fact may be
proved and affirmed, which is received, recorded,
transmitted, stored processed, retrieved or produced
electronically. It includes digitally signed documents
and any print-out or output, readable by sight or other
means, which accurately reflects the electronic data
message or electronic document. For purposes of these
Rules, the term electronic document may be used
interchangeably with electronic data message.
(i) Electronic key refers to a secret code which
secures and defends sensitive information that crosses
over public channels into a form decipherable only
with a matching electronic key.
(j) Electronic signature" refers to any distinctive mark,
characteristics and/or sound in electronic form.
Representing the identity of a person and attached to
or logically associated with the electronic data message
or electronic document or any methodology or
procedure employed or adopted by a person and
executed or adopted by such person with the intention
of authenticating, signing or approving an electronic
data message or electronic document. For purposes of
A T T Y .T R A N Q U I L S A L V A D O R
these Rules, an electronic signature includes digital
signatures.
(k) Ephemeral electronic communication refers to
telephone conversations, text messages, chatroom
sessions, streaming audio, streaming video, and other
electronic forms of communication the evidence of
which is not recorded or retained.
(l) Information and Communication System refers to
a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or
electronic documents and includes the computer
system or other similar devices by or in which data are
recorded or stored and any procedure related to the
recording or storage of electronic data message or
electronic document.
(m) Key Pair in an asymmetric cryptosystem refers to
the private key and its mathematically related public
key such that the latter can verify the digital signature
that the former creates.
(n) Private Key refers to the key of a key pair used to
create a digital signature.
(o) Public Key refers to the key of a key pair used to
verify a digital signature.
SEC. 2. Construction. These Rules shall be liberally
construed to assist the parties in obtaining a just,
expeditious, and inexpensive determination of cases.
The Interpretation of these Rules shall also take into
consideration the international origin of Republic Act
No. 8792, otherwise known as the Electronic
Commerce Act.
RULE 3 - ELECTRONIC DOCUMENTS
SECTION 1. Electronic documents as functional
equivalent of paper-based documents. Whenever a
rule of evidence refers to the term of writing,
document, record, instrument, memorandum or any
other form of writing, such term shall be deemed to
include an electronic document as defined in these
Rules.
SEC. 2. Admissibility. 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 these Rules.
32 | M O R T E L EVIDE NCE NO TES
SEC. 3. Privileged communication. The confidential
character of a privileged communications is not solely
on the ground that it is in the form of an electronic
document.
Electronic Documents
Electronic document if it refers to term or writing.
Admissible if:
1. complies with rules of ROC on admissibility
2. Authenticated in the manner prescribed by
these rules
Being merely an electronic document does not
qualify something as privileged communication.
RULE 4 - BEST EVIDENCE RULE
SECTION 1. Original of an electronic document. An
electronic document shall be regarded as the
equivalent of an original document under the Best
Evidence Rule if it is a printout or output readable by
sight or other means, shown to reflect the data
accurately.
SEC. 2. Copies as equivalent of the originals. When a
document is in two or more copies executed at or about
the same time with identical contents, or is a
counterpart produced by the same impression as the
original, or from the same matrix, or by mechanical or
electronic re-recording, or by chemical reproduction,
or by other equivalent techniques which is accurately
reproduces the original, such copies or duplicates shall
be regarded as the equivalent of the original.
Notwithstanding the foregoing, copies or duplicates
shall not be admissible to the same extent as the
original if:
(a) a genuine question is raised as to the
authenticity of the original; or
(b) in the circumstances it would be unjust or
inequitable to admit a copy in lieu of the
original.
Original
1. print out/output
2. readable
3. shown to reflect data accurately
Copies (equivalent of the originals)
Identical contents
1. 2++ copies
2. executed at or about the same time
3. identical contents
A T T Y .T R A N Q U I L S A L V A D O R
Reproduction
1. accurately produced by the same means as the
original, such as:
a. impression
b. matrix
c. mechanical electrical re-recording
d. chemical reproduction
e. equivalent means which accurately
reproduces original
Exceptions to admissibility of copies
genuine question is raised as to the authenticity of
the original OR
unjust or inequitable to admit a copy in lieu of the
original (depending on circumstances)
RULE 5 - AUTHENTICATION OF ELECTRONIC
DOCUMENTS
SECTION 1. Burden of proving authenticity. The
person seeking to introduce an electronic document in
any legal proceeding has the burden of proving its
authenticity in the manner provided in this Rule.
SEC. 2. Manner of authentication. Before any private
electronic document offered as authentic is received in
evidence, its authenticity must be proved by any of the
following means:
(a) by evidence that it had been digitally signed
by the person purported to have signed the
same;
(b) by evidence that other appropriate security
procedures or devices as may be authorized by
the Supreme Court or by law for authentication
of electronic documents were applied to the
document; or
(c) by other evidence showing its integrity and
reliability to the satisfaction of the judge.
SEC. 3. Proof of electronically notarized document. - A
document electronically notarized in accordance with
the rules promulgated by the Supreme Court shall be
considered as a public document and proved as a
notarial document under the Rules of Court.
RULE 6 - ELECTRONIC SIGNATURES
SECTION 1. Electronic signature. An electronic
signature or a digital signature authenticate din the
manner prescribed hereunder is admissible in evidence
as the functional equivalent of the signature of a person
on a written document.
33 | M O R T E L E V I D E N C E NO TES
SEC. 2. Authentication of electronic signatures. An
electronic signature may be authenticate in any of the
following manner:
(a) By evidence that a method or process was
utilized to establish a digital signature and
verity the same;
(b) By any other means provided by law; or
(c) By any other means satisfactory to the
judge as establishing the genuineness of the
electronic signature.
SEC. 3. Disputable presumptions relation to electronic
signature. Upon the authentication of an electronic
signature, it shall be presumed that:
(a) The electronic signature is that of the
person to whom it correlates;
(b) The electronic signature was affixed by that
person with the intention of authenticating or
approving the electronic document to which it
is related or to indicate such persons consent
to the transaction embodied therein; and
(c) The methods or processes utilized to affix
or verity the electronic signature operated
without error or fault.
SEC. 4. Disputable presumptions relating to digital
signatures. Upon the authentication of a digital
signature, it shall be presumed, in addition to those
mentioned in the immediately preceding section, that:
(a) The information contained in a certificate is
correct;
(b) The digital signature was created during
the operational period of a certificate;
(c) The message associated with a digital
signature has not been altered from the time it
was signed; and
(d) A certificate had been issued by the
certification authority indicated therein
RULE 7 - EVIDENTIARY WEIGHT OF ELECTRONIC
DOCUMENTS
SECTION 1. Factors for assessing evidentiary weight. -
In assessing the evidentiary weight of an electronic
document, the following factors may be considered:
(a) The reliability of the manner or method in
which it was generated, stored or
communicated, including but not limited to
input and output procedures, controls, tests
and checks for accuracy and reliability of the
electronic data message or document, in the
A T T Y .T R A N Q U I L S A L V A D O R
 light of all the circumstances as well as any
relevant agreement;
(b) The reliability of the manner in which its
originator was identified;
(c) The integrity of the information and
communication system in which it is recorded
or stored, including but not limited to the
hardware and computer programs or software
used as well as programming errors;
(d) The familiarity of the witness or the person
who made the entry with the communication
and information system;
(e) The nature and quality of the information
which went into the communication and
information system upon which the electronic
data message or electronic document was
based; or
(f) Other factors which the court may consider
as affecting the accuracy or integrity of the
electronic document or electronic data
message.
SEC. 2. Integrity of an information and communication
system. In any dispute involving the integrity of the
information and communication system in which an
electronic document or electronic data message is
recorded or stored, the court may consider, among
others, the following factors:
(a) Whether the information and
communication system or other similar device
was operated in a manner that did not affect
the integrity of the electronic document, and
there are no other reasonable grounds to
doubt the integrity of the information and
communication system;
(b) Whether the electronic document was
recorded or stored by a party to the
proceedings with interest adverse to that of
the party using it; or
(c) Whether the electronic document was
recorded or stored in the usual and ordinary
course of business by a person who is not a
party tot he proceedings and who did not act
under the control of the party using it.
RULE 8 - BUSINESS RECORDS AS EXCEPTION TO
THE HEARSAY RULE
SECTION 1. Inapplicability of the hearsay rule. A
memorandum, report, record or data compilation of
acts, events, conditions, opinions, or diagnoses, made
by electronic, optical or other similar means at or near
the time of or from transmission or supply of
information by a person with knowledge thereof, and
kept in the regular course or conduct of a business
34 | M O R T E L E VIDE NCE NO TES
activity, and such was the regular practice ot make the
memorandum, report, record, or data compilation by
electronic, optical or similar means, all of which are
shown by the testimony of the custodian or other
qualified witnesses, is excepted from the rule or
hearsay evidence.
SEC. 2. Overcoming the presumption. The
presumption provided for in Section 1 of this Rule may
be overcome by evidence of the untrustworthiness of
the source of information or the method or
circumstances of the preparation, transmission or
storage thereof.
RULE 9 - METHOD OF PROOF
SECTION 1. Affidavit of evidence. All matters relating
to the admissibility and evidentiary weight of an
electronic document may be established by an affidavit
stating facts of direct personal knowledge of the affiant
or based on authentic records. The affidavit must
affirmatively show the competence of the affiant to
testify on the matters contained therein.
SEC. 2. Cross-examination of deponent. The affiant
shall be made to affirm the contents of the affidavit in
open court and may be cross-examined as a matter of
right by the adverse party.
RULE 10 - EXAMINATION OF WITNESSES
SECTION 1. Electronic testimony. After summarily
hearing the parties pursuant to Rule 9 of these Rules,
the court may authorize the presentation of testimonial
evidence by electronic means. Before so authorizing,
the court shall determine the necessity for such
presentation and prescribe terms and conditions as
may be necessary under the circumstance, including
the protection of the rights of the parties and witnesses
concerned.
SEC. 2. Transcript of electronic testimony. When
examination of a witness is done electronically, the
entire proceedings, including the questions and
answers, shall be transcribed by a stenographer,
stenotypes or other recorder authorized for the
purpose, who shall certify as correct the transcript
done by him. The transcript should reflect the fact that
the proceedings, either in whole or in part, had been
electronically recorded.
SEC. 3. Storage of electronic evidence. The electronic
evidence and recording thereof as well as the
stenographic notes shall form part of the record of the
case. Such transcript and recording shall be deemed
prima facie evidence of such proceedings.
A T T Y .T R A N Q U I L S A L V A D O R
 RULE 11 - AUDIO, PHOTOGRAPHIC. VIDEO AND
EPHEMERAL EVIDENCE

SECTION 1. Audio, video and similar evidence. Audio,

photographic and video evidence of events, acts or
transactions shall be admissible provided is shall be
shown, presented or displayed to the court and shall be
identified, explained or authenticated by the person
who made the recording or by some other person
competent to testify on the accuracy thereof.

SEC. 2. Ephemeral electronic communication.

Ephemeral electronic communications 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 may 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 shall apply.

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