Evidence Notes Consolidated

Remedial Law Review class lecture by Atty Ferdinand Tan
RULES ON EVIDENCE
Notes by: Paul Lemuel E Chavez
1
EVIDENCE NOTES
Evidence
R128 S1
Evidence is the means sanctioned by the rules of
ascertaining in a judicial proceeding the truth
respecting a matter of fact.
NOTE: Rules on evidence applies only to JUDICIAL
PROCEEDINGS
Factum probans Factum Probandum
Factum Probandum Factum Probans
Ultimate fact sought to
be established; refers to
proposition
Material evidencing the
proposition; evidentiary
fact by which the factum
probandum is
established
Ultimate facts Intermediate facts
Proposition to be
established
Material evidencing the
proposition
hypothetical Existent
Proof Evidence
End result; probative
effect of evidence
Means, sanctioned by
the Rules, of ascertaining
in a judicial proceeding
the truth respecting a
matter of fact
Probative effect of
evidence and is the
conviction or persuasion
of the mind resulting
from the consideration
of the evidence
The end product; effect
of evidence
There is proof only
because of evidence
Medium or the means by
which a fact is proved or
disproved
Rules of evidence does not apply to:
1. CLINE (Rule 1) +quasi judicial and quasi
administrative bodies
2. Cases covered by Revised Rules on
Summary Procedure (except in ejectment
cases)
3. Summ Pro Criminal cases where witnesses
submit affidavits and counter affidavits,
subject only to cross examination, re direct,
re cross, recall
Exception to CLINE +administrative, quasi judicial
bodies
By analogy, in a suppletory character, and whenever
practicable and convenient (Rule 1)
Exception to exception:
Electronic Evidence Rule
- Applies to all proceedings, judicial or quasi
judicial, administrative, etc
In what instances can Factual Issues be resolved
without the need for evidence?
1. Judgment on the pleadings (Rule 34)
2. Pre Trial Conference
3. Admissions as far as pleadings are
concerned
4. Judicial admissions during proceedings
Sources of Evidence:
1. Rules 128-134 of the Rules of Court
2. 1987 Constitution
3. SC Resolutions
4. AM 00-04-07-SC, Examination of Child
Witness Rule
5. SC decisions
6. Rules on Electronic Evidence
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7. Rules on DNA Evidence
8. RA4200 (Anti Wiretapping Act)
9. New Civil Code
10. Revised Penal Code
Constitutional Basis of Rules on Evidence
A3 S2
The right of the people to be secure in their persons,
houses, papers, effects against unreasonable
searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the
judge after examination of the oath or affirmation of
the complainant and the witnesses he may produce,
and particularly describing the place to be searched
and the persons to be seized
(any evidence obtained in violation of this Rule shall
be inadmissible/incompetent evidence)
A3 S3
1. The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise as
prescribed by law.
2. Any evidence obtained in violation of this or
the preceding section shall be inadmissible
for any purpose in any proceeding.
NOTE: R128 S3, which states that evidence is
admissible when it is relevant to the issue and IS
NOT EXCLUDED BY THE LAW OR THESE RULES
What law(s)?
1. 1987 Constitution
2. RA4200 (anti wiretapping act)
- .. when it is relevant to the issueand
o Refers to RELEVANCY OF EVIDENCE
- IS NOT EXCLUDED BY THE LAW OR THESE
RULES
o Refers to COMPETENCY OF
EVIDENCE
A3 S12 (Right to custodial investigation, Extrajudicial
Confession, relate to R130 S33)
1. Any person under investigation for the
commission of an offense shall have the
right to be informed of his right to remain
silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the
services of counsel, he must be provided
with one. These rights cannot be waived
except in writing and in the presence of
counsel.
2. No torture, force, violence, threat,
intimidation, or any other means which
vitiate the free will shall be used against
him. Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited
3. Any confession or admission obtained in
violation of this or S17 hereof shall be
inadmissible in evidence against him
4. The law shall provide for penal and civil
sanctions for violations of this section as
well as compensation and rehabilitation for
victims of torture or similar practice and
their families
A3 S14
1. No person shall be held to answer for a
criminal offense without due process of law
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2. In all criminal prosecutions, accused shall be
presumed innocent until contrary is proved
(basis of R133 S2).
He shall also enjoy the right to:
a. Be heard by himself and counsel
b. To be informed of the nature and
cause of accusation against him
c. To have a speedy, impartial, public
trial
d. To meet the witnesses face to face
e. To have compulsory process to
secure attendance of witnesses
and production of evidence in his
behalf
However, after arraignment, trial may proceed
notwithstanding the absence of accused provided
that he has been duly notified and failure to appear
is unjustifiable.
A3 S17 (relate to R132 S3 (4), R128 S2, R133 S3-
relevant evidence )
No person shall be compelled to be a witness against
himself
NOTE however that the right (of accused and any
witness) against self incrimination is only applicable
to TESTIMONIAL EVIDENCE
Kinds of Evidence:
1. OBJECT EVIDENCE
- Evidence addressed to the senses of the
court, through the judge (R130 S1)
o Court is the office, judge is the
person who can perceive using the
5 senses
2. DOCUMENTARY EVIDENCE
- Evidence consisting of writings or any
material containing letters, words, figures,
numbers, symbols, other modes of written
expressions offered as proof of their
contents(130 S2)
3. TESTIMONIAL EVIDENCE
- Evidence made during the trial when the
witness is presented in the witness stand
4. RELEVANT EVIDENCE
- Evidence related to the fact inissue; having
value in reason as tending to prove any
matter provable in an action
5. MATERIAL EVIDENCE
- Evidence directed to prove a fact in issue as
determined by the rules of sunbstantive law
and pleadings
6. COMPETENT EVIDENCE
- Evidence not excluded by law or these Rules
7. CUMULATIVE EVIDENCE
- Additional evidence of the same kind and
character bearing on the same point
- Same claims tending to prove single
proposition
8. CORROBORATIVE EVIDENCE
- Additional evidence of a different kind and
character from that already given, tending
to prove the same point
9. POSITIVE EVIDENCE
- Evidence showing that an event transpired;
affirmation of a witness that a fact did or
did not occur
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10. NEGATIVE EVIDENCE
- Evidence not showing that event transpired;
when witness states that he did not see or
know of the occurrence of a fact, and with
total disclaimer of personal knowledge
11. PREPONDERANCE OF EVIDENCE
- Evidence which is of greater weight or more
convincing than that which is offered in
opposition to it
o In civil cases
12. SUBSTANTIAL EVIDENCE
- Amount of evidence which a reasonable
mind might accept as adequate to justify a
conclusion
13. PROOF BEYOND REASONABLE DOUBT
- Moral certainty of commission of crime,
producing conviction in an unprejudiced
mind
What kind of evidence is an AFFIDAVIT?
It depends.
If what is subject is its existence or non existence,
then it is object evidence. If what is subject is the
contents of an affidavit, then it is documentary
evidence. But if the contents of the affidavit are
testified to, then it is testimonial evidence.
Admissibility Competency
The evidence must be
relevant and not
excluded by law or the
Rules (competent)
The evidence must not
be excluded by law or
these Rules
Human Security Act
- Applies same rule on admissibility except in
cases of terrorists, unlawful organizations,
upon lawful order of the court
When to object to admissibility of evidence?
It depends
Testimonial Evidence
- When witness presented on witness stand
Documentary Evidence
- Formal offer
Object Evidence
- Examined by court, formal offer made
Kinds of Admissibility:
1. CONDITIONAL
- Evidence presented is irrelevant to the fact
in issue on the condition that the proponent
will establish its relevancy
2. MULTIPLE
- When evidence is relevant and competent
for 2 or more purposes, then admissible if it
satisfies all requirements prescribed by law
for its admissibility for the purpose it is
presented, even if it does not satisfy other
requisites for admissibility for other
purposes
3. CURATIVE
- Where improper evidence was admitted
over the objection of opposing party, he
should be permitted to contradict it with
another improper evidence, or else, it
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would result in disparity of rulings to his
prejudice
Distinguish: Relevancy from Competency (1992 Bar)
Relevancy Competency
Evidence must have such
a relation to the fact in
issue as to induce belief
in its existence or non
existence
Evidence is not excluded
by law or these Rules
Evidence on collateral Matters
R128 S4
Evidence must have such a relation to the fact in
issue as to induce belief in its existence or non
existence
Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to
establish probability or improbability of the fact in
issue.
Rule 129
WHAT NEED NOT BE PROVED
- Aka, no need for evidence
JUDICIAL NOTICE
- What is known to the court need not be
proven (note: 1980, 2004 Bar)
What are matters which are of mandatory judicial
notice?
R129 S1
1. Existence and territorial extent of states
2. Their political history
3. Forms of government and symbols of
nationality
4. Law of nations
5. Admiralty and maritime courts of the world
and their seals
6. Political constitution and history of the Phils
7. Official acts of legislative, executive, judicial
depts. Of Phils
8. Laws of nature
9. Measure of time
10. Geographical divisions
Differentiate Legislative Function from Adjudicative
Function:
Discretionary Judicial Notice
129 2
Matters which are of:
1. Public knowledge
2. Are capable of unquestionable
demonstration
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3. Ought to be known to judges because of
their judicial functions
Laws of Municipal or City Ordinances
- RTC or MTC must know
o Or else, ignorantia legis non
excusat against them
How about municipal ordinances?
General Rule: MTC must know
Exception: RTC must know only in case of
- appeal of MTC decision regarding the
ordinance
- when the law otherwise provides
129 S3
During trial, court, motu proprio or on request of a
party, may announce its intention to take judicial
notice of any matter and allow the parties to be
heard thereon.
After the trial and before judgment or on appeal, the
proper court, motu proprio or on request of a party,
may take judicial notice of any matter and allow the
parties to be heard thereon if such matter is decisive
of a material issue in the case.
NOTE:
Doctrine of processual presumption
- foreign laws must be alleged and proved
o in the absence of proof, the foreign
law will be presumed to be the
same as the laws of the jurisdiction
hearing the case (Riano, Evidence,
2006, p.49)
Note: relate to R39 S48, and to R77 (re probate
proceedings)
How do you prove the foreign laws?
- Copy of the law
- Duly authenticated
- Alleged and proved applying the Rules on
Evidence
Divorce, prove by:
- Allowed there under their laws
- Decree of divorce
- Duly authenticated
- May be proved any time even during on
appeal
129S4
An admission, verbal or written, made by a party in
the course of the proceedings in the same case, does
not require proof. The admission may be
contradicted only by showing that it was made
through palpable mistake or that no such admission
was made.
Judicial Admissions are conclusive with respect to
the admitter, hence, need not be proven, provided,
1. Made in the same case
2. If made in another proceeding, then it
becomes extrajudicial admission
Judicial Admission Judicial Confession
Made in the same case,
except:
1. Palpable
mistake
2. No admission
made
3. In the interest
of justice
Made not in the same
case
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Admission vs Confession (Dean, p. 57)
Admission Confession
Act, declaration,
omission of a party as to
any relevant fact
Declaration of accused
acknowledging his guilt
in the offense charged or
of any offense
necessarily included
therein (presupposes
criminal action)
Voluntary
acknowledgement made
by a party of the
existence of the truth of
certain facts which are
inconsistent with his
claims in an action
Statement by accused
that he engaged in
conduct which
constitutes a crime
Acknowledgement of
facts which, though
incriminating, falls short
of admission of guilt
Specific type of
admission, referring only
to acknowledgment of
guilt
Includes confessions
(confession is admission
by accused of fact
charged against him or
of some fact essential to
the charge)
May be implied
(admission by silence)
Cannot be implied
(direct and positive
acknowledgement of
guilt)
Rule 130
Rules of admissibility
Object Evidence (130 1)
Evidence addressed to the senses of the court.
When object is relevant to the fact in issue, it may be
exhibited to, examined, viewed by the court.
Documentary Evidence (130 2)
Consists of writings or any material containing
letters, words, numbers, figures, symbols, other
modes of written expressions offered as proof of
their contents.
Note the difference:
IF
- Existence or non existence (papel, ink,
alterations)
o Object evidence
- Know contents (writings, letters, words,
numbers, figures, symbols)
o Documentary evidence
Example:
MARKED MONEY
Laman ng pera- documentary evidence
Existence ng pera- object evidence
TAPE RECORDINGS
Existence of tape- object evidence
Laman ng tape- documentary evidence
COCA COLA
Letterings- documentary evidence
Bote- object evidence
Limitations to presentation of object evidence (when
object evidence need not be presented, or when
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presentation of such would be rejected by the
court):
1. When repulsive to public morals and
decency
2. When it would cause delay, inconvenience
to parties
3. Misleading
4. Other evidence testimonial or depositions
available
Exceptions to the limitations:
1. Object evidence is the subject of the
prosecution
2. Interest of justice
Best Evidence Rule
130 (3) in relation to S4 of 130
S3- when subject of inquiry is the contents of a
document, no evidence shall be admissible other
than the original document itself
S4- the original of a document is one the contents of
which are the subject of inquiry
NOTE: applies only in documentary evidence
Documentary evidence- subject of inquiry or else,
Best Evidence Rule does not apply
Marked money was xeroxed, the Xerox was marked
as evidence. You objected, basis on the ground of
best evidence rule.
- GAGO! Object evidence yon!
o Magiging documentary evidence
lang yon, and Best Evidence Rule
applies lang pag yung laman ng
marked money ang subject
Exceptions to the Best Evidence Rule (relate to
provisions on Secondary Evidence, S5-7):
a. When the original has been lost or
destroyed or cannot be produced in court,
WITHOUT BAD FAITH on the part of the
offeror
BAD FAITH =suppression of evidence
Relate to S5 R130
When the original document has been lost or
destroyed or cannot be produced in court, the
offeror, upon proof of its execution and existence
and the cause of unavailability without bad faith on
his part, may prove its contents
1. by a copy, or
2. by a recital of its contents in some authentic
document or
3. by testimony of witnesses in the order
stated
Relate also to Rule 76 S6
No will shall be proved as a lost or destroyed will
unless
1. the execution and validity of the same be
established, and
2. the will is proved to have been in existence
at the time of the death of testator, or
3. is shown to have been fraudulently or
accidentally destroyed in the lifetime of the
testator without his knowledge nor unless
its provisions are clearly and distinctly
stated by at least 2 credible witnesses
When a lost will is proved, the provisions thereof
1. must be distinctly stated and certified by
the judge under the seal of the court, and
2. the certificate must be filed and recorded as
other wills are filed and recorded
Hence, proven by:
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1. photocopy, with the following
requirements:
2. establish loss and destruction by asking
questions as to the existence of the original
3. circumstances of the loss, persons present
in the execution, contents of the original
will
b. when the 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
Relate to S6
If the document is in the custody or under the
control of the adverse party, he must have
reasonable notice to produce it. If after such notice
and after satisfactory proof of its existence, he fails
to produce it, secondary evidence may be presented
as in the case of its loss
Rule 130 S3b / S6 Rule 27
Original in the
possession of adverse
party
Production and
inspection of documents
or things
Exception to Best
Evidence Rule
Mode of Discovery
Advice by way of notice By way of motion
There is prior knowledge
of existence of an
original
There is no prior
knowledge- kaya nga
mode of discovery eh
c. when the original consists of numerous
accounts or other documents which cannot
be examined in court without great loss of
time and the fact sought to be established
from them is only the result of the whole
d. when the original is a public record in the
custody of a public officer or is recorded in
a public office
Relate to: R130 S7
When the original of a document is in the custody of
a public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by
the public officer in custody thereof.
What is the Principle of Irremovability of Public
Record
- certified true copy of a public document is
already allowed, however, if there is issue
as to forgery, then the original should be
presented and produced
o NOTE: The crime is falsification of
public document, NOT falsification
of certified true copy
130 S4
a. The original of a document is one the
contents of which are the subject of inquiry
b. When a document is in 2 or more copies
executed at or about the same time, with
identical contents, all such copies are
equally regarded as originals
c. When an entry is repeated in the regular
course of business, one being copied from
another at or near the time of the
transaction, all the entries are likewise
equally regarded as originals
Carbon- original- original pa rin
Rule 46- petition before appellate court (the above
example applies)
As to letter c
- Copy to another
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130 S8
A party who calls for the production of a document
and inspects the same is not obliged to offer it as
evidence.
Parol Evidence
130 S9
When terms of an agreement have been reduced to
writing, it is considered as containing all the terms
agreed upon and there can be, between the parties
and their successors in interest, no evidence of such
terms other than the contents of the written
agreement.
HOWEVER, a party may present evidence to modify,
explain, or add to the terms of the written
agreement if he puts in issue in his pleading:
a. An intrinsic ambiguity, mistake,
imperfection in the written agreement
b. Failure of the written agreement to express
the true intent and agreement of the
parties thereto
c. The validity of the written agreement or
d. Existence of the other terms agreed to by
the parties or their successors in interest
after the execution of the written
agreement
The term agreement includes wills
Parol Evidence Rule Best Evidence Rule
Applies to documentary
evidence including wills
Applies to documentary
evidence
Prohibits varying of
terms of agreement,
Prohibits presentation of
secondary evidence
subject to exceptions
Invoked by only the
parties themselves
Invoked by any party
Reason for parol evidence: agreements in writing
serve as repository of all agreements made by the
parties, hence, cannot be modified or added to
Exceptions:
a. Intrinsic ambiguity, mistake, imperfection in
the written agreement
b. Failure of written agreement to express
true intent and agreement of the parties
thereto
c. Validityof written agreement
d. Existence of other terms agreed to by the
parties or their successors in interest after
the execution of the written agreement
Relate letter b to R63 S1 P2- ..action for reformation
of an instrument may be brought to court by way of
procedure for declaratory relief
Requisites for application of parol evidence rule:
1. Refers to term of the contract or will
2. Pertains to valid contract (ok lang voidable,
basta ba hindi void)
3. Existence of contractual relations between
the parties
4. Objections to be made in case of
presentation of modified agreement
See: 1359-1368, NCC
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What is the LORD BACONS RULE (Lord Bacon, 1841,
Europe)
It enumerates/refers to the kinds of ambiguities:
1. Intrinsic/Latent ambiguity
- When writing on its face appears clear and
unambiguous but there are collateral
matters or circumstances which make the
meaning uncertain
o Not on its face, but there are
ambiguities
2. Extrinsic/Patent ambiguity
- Ambiguity is apparent on the face of the
writing itself and requires something to be
added in order to ascertain the meaning of
the words used
o Parol evidence cannot be used to
ratify or supplement a void
contract
3. Intermediate Ambiguity
- Where the ambiguity consists in the use of
equivocal words designating the person or
subject matter, parol evidence of collateral
or extrinsic matter may be introduced for
the purpose of aiding the court in arriving at
the meaning of the language used
o Results from the use of words
susceptible of 2 interpretations
Falsa demonstration non nocet cum de corpore
constat
- An erroneous description does not spoil the
act
o 2 descriptions, 1 false and 1 true,
the false will be treated as surplus
while the true will be admitted as
evidence
Interpretation of Documents R130 S10-17 in relation
to 1370-1378, NCC
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TESTIMONIAL EVIDENCE
130 S20
Except as provided in the next succeeding section, all
persons who:
1. Can perceive
2. And perceiving
3. And make known their perception to others
may be witnesses
NOTE: under the Child Witness Rule, minors are
presumed as competent, unless otherwise proven
- Disprove competency by way of motion to
contest
o If granted, profound question
Pero, pag yung bata sumasagot, at naiintindihan
naman ang sagot, e competent yon
Competency of Witness Competency of Evidence
All persons who can
perceive, and perceiving,
and make known their
perception to others are
competent to be
witnesses
Evidence not otherwise
excluded by law or these
Rules are competent
evidence
Competency of Witness Credibility of Witness
Question is whether the
witness can perceive,
perceiving, and can
make known their
perception to others
Question is whether or
not the testimony of the
witness / the witness is
believable
Who are disqualified to be witnesses?
S21
1. Those whose mental condition, at the time
of their production for examination, is such
that they are incapable of intelligently
making known their intention to others
2. Children whose mental maturity is such as
to render them incapable of perceiving the
facts respecting which they are examined
and of relating them truthfully
S22- by reason of marriage
3. During the marriage, neither the husband
nor the wife may testify for or against the
other without the consent of affected,
spouse, except in a civil case by one against
the other, or in a criminal case for a crime
committed by one against the other or the
latters direct ascendants or descendants
S22-Disqual by reason
of marriage
S24A-disqual by reason
of marital privilege
One of spouses is party
to the action, hence,
cannot testify for or
against the other
without the consent of
affected spouse, except,
civil case by one vs
another, or criminal case
by one against other, or
latters direct ascendants
or descendants
One of the spouses is or
is not a party to the
action
Can be invoked only if
one of the spouses is a
party to the action
Can be claimed whether
or not the other spouse
is a party to the action
Applies only if testimony
is offered DURING THE
MARRIAGE
Can be claimed DURING
OR AFTER THE
MARRIAGE (pwede even
if marriage already
dissolved)
Constitutes total
prohibition for or against
the spouse of the
witness
Applies only to
confidential relations
between the spouses
Objection would be
raised on the ground of
marriage, married
witness would not be
allowed to take the
stand due to
Married person is on the
stand but the objection
of privilege is raised
when confidential
material communication
is inquired thereto
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disqualification
Even if the testimony is
for or against the
objecting spouse, the
spouse witness cannot
testify
Note: Spousal Immunity is waivable. Hence, for
failure to object, waived
S23- Dead Mans Statute (correlate with probate of a
will, testate or intestate)
4. Parties or assignors to a case or persons in
whose behalf a case is prosecuted against
an executor or administrator or other
representative of a deceased person or
against a person of unsound mind upon a
claim or demand against the estate of a
deceased person or against such person of
unsound mind, cannot testify as to any
matter of fact occurring before the death of
such deceased person or before such
person became of unsound mind
REQUISITES(Rule 130 S23):
- Witness is a
o party or
o assignor of a party
to a case of persons in
whose behalf a case is
prosecuted
- action is against
o executor or
o administrator or
o other representative of deceased
person or
o person of unsound mind
- subject matter of the action is
o claim or
o demand against
estate of deceased person
or
against person of unsound
mind
- testimony refers to
o any matter of fact which occurred
before the death of such deceased
person or before such person of
unsound mind
Rationale: declarant cannot be cross examined, lips
are sealed forever by death
Purpose: designed to close lips of party plaintiff
when death permanently closed lips of party
defendant in order to remove from surviving party
the temptation to give false testimony and
possibility of fictitious claims against deceased
NOTE: Waivable
If testified to, with right to cross examine
If not, then waived
Disqualifications by reason of PRIVILEGED
COMMUNICATION
Important: pag one of the parties, di pwede mag
testify as to privileged communication, PERO pag
tsismoso lang, pwede mag testify dahil exception sa
privileged communication
1. Husband-Wife
24a
Husband or wife, during or after the marriage,
cannot be examined without consent of the other as
to any communication received in confidence by one
from another during the marriage, except:
- In a civil case by one against the other
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- In a criminal case committed by one against
the other or the latters direct descendants
or ascendants
If marriage is void, hindi apply disqualification
If voidable, apply disqualification (during or after)
Exceptions:
- Dying declaration
- Communications made prior to valid
marriage
- If Can be made public
- When overheard by third party
Scope:
- Testimony on confidential matters
- Spouse not to give comment, privileged
communication
2. Attorney-Client relations
Attorney- passed the bar, took the oath, signed the
roll
24b
Atty cannot without consent of client, be examined
as to any communication made by client to him or
his advice given thereon in the course of or with a
view to professional employment
Nor can attys secretary, stenographer, or clerk be
examined without consent of client and employer,
concerning any fact the knowledge of which has
been acquired in such capacity
Atty
- Concerning any matter relating to
pleadings, documents, verbal statements
Secretary, Stenographer, Clerk (Office Clerk, NOT
Janitor)
- Concerning any matter relating to
pleadings, documents, verbal statements,
any fact, the knowledge of which has been
acquired in such capacity
3. Physician-Patient (relate to Physical and
Mental Examination of persons)
24c
Person authorized to practice medicine, surgery or
obstetrics cannot, in a civil case, without consent of
the patient, be examined as to any advice or
treatment given by him or any information which he
may have acquired, in attending such patient in a
professional capacity, which information was
necessary to enable him to act in that capacity and
would blacken reputation of the patient.
NOTE: applies only to CIVIL CASES
Why not to criminal? Autopsy reports
Covers:
1. Advice or treatment given bydoctor
2. Any information he acquired from patient
3. Information necessary to enable him to act
in that capacity and would blacken
reputation of patient
MEDICINE!
- Includes: surgery, obstetrics
- Not: dentist
- Includes: ob gyne, midwife, derma
- Not: Foreign doctor
o Kasi, yung authorized to practice
medicine, dito sa Phils
EXCEPT in the following cases:
- Consent of patient was given
- Case filed against doctor
- Failure to object
RULES ON EVIDENCE
15
- For unlawful purpose
4. Priest-penitent
24d
Minister or priest cannot without consent of person
making the confession, be examined as to any
confession made or any advice given by him in his
professional character in the course of discipline
enjoined by the church to which the minister or
priest belongs.
Purpose: protect sanctity of confession
Minister is not the same as pastor
Why? Pari lang talaga! Kasi, AUTHORIZED TO
RECEIVE CONFESSION AND TO GRANT
ABSOLUTION!!!
Father, i confess.. ni rape ko kapatid mo. It turned
out, narinig ng pinsan ni father ang confession.
Father- cannot divulge the info to the police
(covered by privileged communication
Pinsan ni Father- can; tsismoso lang siya eh, hindi
siya sakop ng priest-penitent privileged
communication
5. State Secrets
24e
Public officer cannot be examined during his term of
office or afterwards as to communications made by
him in official capacity when the court finds that
public interest would suffer by the disclosure.
Filial Privilege
S25- no person can be compelled to testify against
his parents, other direct descendants, children, other
direct ascendants
Admission
- Act, declaration, omission of a party as to a
relevant fact
Confession
- Declaration of accused acknowledging his
guilt in the offense charged or of any
offense necessarily included therein
(presupposes criminal action)
Admission vs Confession (simpler version)
Admission Confession
Express or implied Express/tacit
Is not necessarily
tantamount to
automatic liability
Acknowledgment of
guilt, hence, liability
attaches
Made by any party Made by accused
Admissions may be judicial or extrajudicial
By co conspirator or by co partners- extrajudicial
Declaration against
Interest
Admission
Made by person
deceased or unable to
testify against interest of
declarant
Not necessarily made by
person party or not
S27- Offer of compromise
CIVIL CASES
RULES ON EVIDENCE
16
- Not an admission of any liability and is not
admissible in evidence against offeror
CRIMINAL CASES
- By accused, may be received in evidence as
implied admission of guilt
Wrong statement: settle amicably the criminal case
Correct statement: off the record, settle the civil
aspect of the case
Exceptions to general rule with respect to offer of
compromise with respect to criminal cases:
- Criminal negligence
- BP22
- Rape- through marriage of rapist and victim
Plea of guilty later withdrawn or unacceptable offer
of plea of guilty to a lesser offense is not admissible
in evidence against accused who made the plea or
offer
Good Samaritan Rule- offer to pay or payment of
medical, hospital, other expenses occasioned by an
injury is not admissible in evidence as proof of civil
or criminal liability for the injury
Other admissions:
- Discharge of witness
- Amendment on the pleadings
RES INTER ALIOS ACTA (1986, 1988 Bar)
- The right of a party cannot be prejudiced by
an act or omission of another
Refers to Judicial or extrajudicial admissions, such as
that of co conspirator, co partner, which requires
evidence ex aliunde other than conspiracy,
partnership
EXCEPT: admission by silence
Admission by co partner or agent (S29)
Requisites:
1. Within scope of authority
2. During existence of partnership or agency
3. Partnership or agency is shown by evidence
other than such act or declaration
Admission by conspirator (S30)
Requisites:
1. Act or declaration by conspirator
2. Relating to conspiracy and during its
existence
3. Conspiracy is shownby evidence other than
such act or declaration
Admission by privies (S31)
Requisites:
1. Privity of contract- one derives title to
property from another
2. Admission of predecessor (latter) while
holding the title
3. In relation to the title
Admission by silence (S32)
Requisites:
1. Act or declaration made in the presence
and within hearing and observation of a
party
2. Party who saw or heard the act or
declaration does or says nothing
RULES ON EVIDENCE
17
3. Act or declaration is such as naturally to call
for action or comment if not true, and when
proper and possible for him to do so
EXCEPTION: pipi
Not an admission, e hindi nga maka-salita eh
With respect to confession, consider the following:
- RA7438 (With respect to Custodial
Investigation/EJ Confession)
- Judicial confessions duringthe trial
- Constitutional provisions
2 Kinds of Confessions:
1. Judicial Confession
- Confession made by accused before a court
in which the case is pending and in the
course of legal proceedings therein and, by
itself, can sustain a conviction
2. Extrajudicial Confession
- Confession made in any other place or
occasion and cannot sustain a conviction
unless its voluntariness is proven and unless
corroborated by evidence of corpus delicti
133 (3)- EJ confession made by accused shall not be
sufficient ground for conviction unless corroborated
by evidence of corpus delicti
Corpus delicti- body of the crime; pag wala to, then
walang crime
Examples:
Rape- semen, contusion
CDDA- drugs
Murder- murder weapon, fact of death
Can there be murder without a body?
No, except circumstantial evidence:
Sufficient for conviction if:
- There is more than one circumstance
- Facts from which the inferences are derived
are proven
- Combination of all circumstances is such as
to produce a conviction beyond reasonable
doubt
Interlocking Confession
- 2 or more accused executes separate
confessions, and the same interlocks on
material points, hence, admissible in
evidence
Weight:
1. Judicial confession- conclusive
2. Extrajudicial confession- disputable
Similar Acts as Evidence (S34)
General Rule:
- evidence that one did or did not do a
certain thing at one time is not admissible
to prove that he did or did not do the same
or similar thing at another time
Exception:
- admissible to prove:
o specific intent
o knowledge
o identity
o plan
o system
RULES ON EVIDENCE
18
o scheme
o habit
o custom
o usage
o the like
Instance: Carnapping in QC and Pasay- similar acts
may be admitted as evidence to prove pattern of
behaviour/modus operandi
Unaccepted Offer (S35)- relate to 1256, NCC for
purpose of consignation
S35- Offer in writing to pay a particular sum of
money or to deliver a written instrument or specific
personal property is, if rejected without valid cause,
equivalent to actual production and tender of
money, instrument, property
Lessee is ejected, refused to accept payment, filed
for consignation
Tender of payment- condition precedent
HEARSAY RULE
S36
A witness can testify only to those facts which he
knows of his personal knowledge, that is, which are
derived from his own perception, except as
otherwise provided by law or these Rules
GENERAL RULE: Hearsay Evidence is NOT
COMPETENT EVIDENCE (excluded by law or these
Rules)
EXCEPTION: (11)
1. dying declaration
2. declaration against interest
3. act or declaration about pedigree
4. family reputation or tradition regarding
pedigree
5. common reputation
6. part of res gestae
7. entries in the course of business
8. entries in official records
9. commercial lists in the like
10. learned treatises
11. testimony or deposition at a former
proceeding
S37- Dying Declaration
(exception to privileged communication between
husband and wife)
Requisites:
1. declaration made under consciousness of
impending death
2. subject of inquiry is death
3. declaration is complete
4. qualified to be a witness
(in absence of 1, may be treated as res gestae)
Declaration against interest (S38)
Declaration against
Interest
Admission
Made by person Not necessarily made by
RULES ON EVIDENCE
19
deceased or unable to
testify against interest of
declarant
person party or not
S39- Pedigree (hindi pagkain ng aso)
Act or declaration of person deceased or unable to
testify
- in respect to pedigree of another person
related to him by birth or marriage,
o may be received in evidence
where it occurred before
the controversy and
the relationship between
the 2 persons is shown by
evidence other than such
act or omission.
Pedigree
- relationship
- family genealogy
- birth
- marriage
- death
- dates when and places where the facts
occurred
- family history
hence, not necessary na present yung ninuno
Family Reputation or tradition regarding pedigree
(S40)
Reputation or tradition existing in a family previous
to the controversy in respect to the pedigree of one
of its members may be received in evidence if:
1. witness testifying thereon be also a
member of family either by consanguinity
or affinity
Ff may be received as evidence of pedigree:
- entries in family bibles,
- entries in family books or charts
- engravings on rings
- family portraits
- etc
S39 S40
Act or declaration about
pedigree
Family reputation or
tradition regarding
pedigree
Witness need not be a
family member
Witness is a member of
the family
Relation of declarant and
person subject of inquiry
must be established by
independent evidence
Witness is himself the
one to whom the fact
relates, and not
necessary for him to
establish by independent
evidence his relationship
to the family
Testimony is about what
declarant, who is dead
or unable to testify, has
said concerning pedigree
of declarants family
Testimony is about
family reputation or
tradition covering
matters of pedigree
Important: known to the community regarding
pedigree, genealogy, family history
Common Reputation (S40)
- it is the definite opinion of the community
in which the fact to be proved is known or
exists
What may be established by common reputation?
1. Matters of public interest more than 30
years old
2. Matters of general interest more than 30
years old
3. Matters respecting marriage or moral
character and related facts
4. Individual moral character
Res Gestae (S42)
RULES ON EVIDENCE
20
Statements made by a person while a starting
occurrence is taking place or immediately prior or
subsequent thereto with respect to circumstances
thereon may be given in evidence as part of res
gestae.
Statements accompanying an equivocal act material
to the issue, and giving it legal significance, may be
treated as part of res gestae
2 kinds of res gestae:
1. Statement on startling occurrence plus
utterance
Parang, dying declaration, pero hindi namatay
Hence, admissions of such nature may be multiple
admissions (either dying declaration or res gestae)
2. Verbal act
- Spontaneously made, tending to commit
HOY! Or, HOLDAP!!
S43- entries in regular course of business
Entries made at, or near the time of the transactions
to which they refer, by a person deceased, or unable
to testify, who was in a position to know the facts
therein stated, may be received as prima facie
evidence, if such person made the entries in his
professional capacity or in the performance of duty
and in the ordinary or regular course of business or
duty
- Aka OFFICIAL RECORDS
Learned Treatises (S46)
A published treatise, periodical, or pamphlet on a
subject of history, law, science, or art is admissible as
tending to prove the truth of a matter stated therein
if the court takes judicial notice, or a witness expert
in the subject testifies, that the writer of the
statement in the treatise, periodical, or pamphlet is
recognized in his profession or calling as expert in
the subject
E, how about math?
- Kasali, kasi, considered as science
+publication
The writer need not be presented to the witness
stand, the court can adopt the theories
Testimonies/Depositions at Former Proceedings
(S47)
Testimony or deposition of a witness deceased or
unable to testify given in a former case or
proceeding, judicial or administrative, involving
same parties and subject matter may be given in
evidence against adverse party who has had the
opportunity to cross examine them.
(relate to R23-25)
Testimonies are proven by affidavits or TRANSCRIPT
OF RECORD (TSN)
All the above exceptions to the hearsay rule were
given, what is / are the reasons for such exceptions?
- Trustworthiness and necessity
How do you attack a dying declaration?
Rule 131- disputable/rebuttable presumption
RULES ON EVIDENCE
21
Opinion Rule
General rule: opinion is not allowed
Exception:
S49- opinion of expert witness
On a matter requiring special knowledge, skill,
experience, training which he is shown to possess in
a certain field (DISPUTABLE EVIDENCE)
S50- opinion of ordinary witness
Regarding:
1. Identity of a person about whom he has
adequate knowledge
2. Handwriting with which he has sufficient
familiarity
3. Mental sanity of a person with whom he is
sufficiently acquainted
4. On impressions of emotion, behaviour,
condition, appearance of a person
Forgery- even the judge can compare; no need for
expert witness
Expert witness- as counsel for accused, NEVER
ADMIT the qualification of expert witness (as to
source)
As prosecution, ask questions to establish
qualification of expert witness
Character Evidence
General Rule: Not admissible
Exception:
Criminal Cases
- Accused may prove good moral character
which is pertinent to moral trait involved in
the offense charged
o Prosecution cannot prove accused
is of bad moral character, except if
impeached
- Unless in rebuttal, prosecution may not
prove accuseds bad moral character which
is pertinent to moral trait involved in the
offense charged
- Good or bad moral character of offended
party may be proved if it tends to establish
in any reasonable degree the probability or
improbability of the offense charged.
Civil Cases
- Allowed, when pertinent to the issue of
character involved in a case
BURDEN OF PROOF
131 (1)
- Duty of a party to present evidence on the
facts in issue necessary to establish his
claim or defense by the amount of evidence
required by law
Burden of Proof Burden of Evidence
Never shifts during trial,
given by law
Affirmative defense- on
the one alleging such
affirmative defense
Negative defense- on the
claiming party
Shifts during trial
Criminal case-
*prosecution--defense
Civil Case- *plaintiff
defendant
Administrative case-
both
Kinds of Presumptions:
1. Conclusive presumptions
RULES ON EVIDENCE
22
Estoppel in pais (131 S2a)
Whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately led
another to believe a particular thing is true, and to
act upon belief, he cannot, in any litigation arising
out of such declaration, act, or omission, be
permitted to falsify it.
Estoppel by tenant (131 S2b)
Tenant is not permitted to deny the title of his
landlord at the time of commencement of relation of
landlord-tenant between them
2. Disputable/Rebuttable Presumptions
NOTE: MAHABA TO!!!
a. That a person is innocent of crime or wrong
b. That an unlawful act was done with unlawful
intent
c. That a person intends the ordinary
consequences of his voluntary act
d. That a person takes ordinary care of his concerns
e. That evidence if willfully suppressed would be
adverse if produced
f. That money paid by one to another is due to the
latter
g. That a thing delivered by one to another
belonged to the latter
h. That an obligation delivered up to the debtor has
been paid
i. That prior rents or installments had been paid
when a receipt for later ones is produced
j. That a person found in possession of a thing
taken in the doing of a recent wrongful act is the
taker and the doer of the whole act; otherwise,
that things which a person possesses, or
exercises acts of ownership over, are owned by
him
k. That a person in possession of an order on
himself for the payment of money, or the
delivery of anything, has paid the money or
delivered the thing accordingly
l. That a person acting in a public office was
regularly appointed or elected to it
m. That official duty has been regularly performed
n. That a court, or judge acting as such, whether in
the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction
o. That all the matters within an issue raised in a
case were laid before the court and passed upon
by it; and in like manner that all matters within
an issue raised in a dispute submitted for
arbitration were laid before the arbitrators and
passed upon by them
p. That private transactions has been fair and
regular
q. That the ordinary course of business has been
followed
r. That there was a sufficient consideration for a
contract
s. That a negotiable instrument was given or
indorsed for a sufficient consideration
t. That an indorsement of a negotiable instrument
was made before the instrument was overdue
and at the place where the instrument is dated
RULES ON EVIDENCE
23
u. That a writing is truly dated
v. That a letter duly directed and mailed was
received in the regular course of the mail
w. That after an absence of 7 years, it being
unknown whether or not an absentee still lives,
he is considered dead for all purposes, except for
those of succession
The absentee shall not be considered dead for
the purpose of opening his succession until after
an absence of 10 years. If he disappeared after
the age of 75 years, an absence of 5 years shall
be sufficient in order that his succession may be
opened.
The following shall be considered dead for all
purposes including the division of the estate
among the heirs:
1. a person on board a vessel lost during sea
voyage, or an aircraft which is missing, who
has not been heard of for 4 years since the
loss of the vessel or aircraft
2. a member of the Armed Forces who has
taken part in armed hostilities, and has
been missing for 4 years
3. a person who has been in danger of death
under other circumstances and whose
existence has not been known for 4 years
4. if a married person has been absent for 4
consecutive years, the spouse present may
contract a subsequent marriage if he or she
has a well founded belief that the absent
spouse is already dead. In case of
disappearance, where there is danger of
death under the circumstances hereinabove
provided, an absence of only 2 years shall
be sufficient for contracting a subsequent
marriage. However, in any case, before
marrying again, the spouse present must
institute a summary proceeding as provided
for in the Family Code and in the rules for a
declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse
x. that acquiescence resulted from a belief that the
thing acquiesced in was conformable to the law
or fact
y. that things have happened according to the
ordinary course of nature and the ordinary
habits of life
z. that persons acting as co-partners have entered
into acontract of co-partnership
aa. that a man and a woman deporting themselves
as husband and wife have entered into a lawful
contract of marriage
bb. that property acquired by a man and a woman
who are capacitated to marry each other and
who live exclusively with each other as husband
and wife without the benefit of marriage or
under a void marriage, has been obtained by
their joint efforts, work, or industry
cc. that in cases of cohabitation by a man and a
woman who are not capacitated and who have
acquired property through their actual joint
contribution of money, property, or industry,
such contributions and their corresponding
shares including joint deposits of money and
evidences of credit are equal
dd. that if the marriage is terminated and the
mother contracted another marriage within 300
days after such termination of the former
marriage, these rules shall govern in the absence
of proof to the contrary:
1. a child born before 180
days after the
solemnization of the
subsequent marriage is
considered to have been
conceived during the
RULES ON EVIDENCE
24
former marriage, provided
it be born within 300 days
after the termination of
the former marriage
2. a child born after 180 days
following the celebration
of the subsequent
marriage is considered to
have been conceived
during such marriage,
even though it be born
within 300 days after the
termination of the former
marriage
ee. That a thing once proved to exist continues as
long as is usual with things of that nature
ff. that the law has been obeyed
gg. that a printed or published book, purporting to
be printed or published by public authority, was
so printed or published
hh. that a printed or published book, purporting to
contain reports of cases adjudged in tribunals of
the country where the book is published,
contains correct reports of such cases
ii. that a trustee or other person whose duty it was
to convey real property to a particular person
has actually conveyed it to him when such
presumption is necessary to perfect the title of
such person or his successor in interest
jj. that except for purposes of succession, when 2
persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not
shown who died first, and there are no particular
circumstances from which it can be inferred, the
survivorship is determined from the probabilities
resulting from the strength and age of the sexes,
according to the following rules:
1. if both were under the age
of 15 years, the older is
deemed to have survived
2. if both are above the age
of 60, the younger is
3. if one is under 15 and the
other above 60, the
former is deemed to have
survived
4. if both be over 15 and
under 60, and the sex be
different, the male is
deemed to have survived;
if the sex be the same, the
older
5. if one be under 15 or over
60, and the other between
those ages, the latter is
kk. if there is a doubt, as between 2 or more
persons who are called to succeed each other, as
to which of them died first, whoever alleges the
death of one prior to the other shall prove the
same. In the absence of proof, they shall be
considered to have died at the same time.
Rule 132-Presentation of evidence
S1-S2
1. in open court, recorded
a. TSN,
b. Taped
EXCEPT:
- involving minors (Juveniles in Conflict with
the Law)
o to be conducted in another
room/chambers
- if repulsive evidence would be presented
o in chambers
2. Under oath or affirmation
Note best evidence: TSN (for purposes of using
testimony of further proceedings, under R130)
RULES ON EVIDENCE
25
3. General rule: answers to be given orally
Exceptions:
- When witness is incapacitated to speak
- Question calls for a different mode of
answer
S3- Rights and obligations of a witness
Obligation: to answer questions, although his answer
may tend to establish a claim against him
Rights:
1. To be protected from irrelevant, improper,
insulting questions, from harsh or insulting
demeanor
2. Not to be detained longer than the interests
of justice require
3. Not to be examined except only as to
matters pertinent to the issue
4. Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law (RIGHT
AGAINST SELF INCRIMINATIONapplies
only to testimonial evidence)
5. Not to give an answer which will tend to
degrade his reputation unless it be to the
very fact at issue or to a fact from which the
fact in issue would be presumed. But a
witness must answer to the fact of his
previous final conviction for an offense.
Mr Witness, pogi ka ba? Hindi ba panget ka?!-
violation of #1
S4-8
Direct examination
- Examination in chief of a witness by the
party presenting him on the facts relevant
to the case
Cross examination
- Examination by adverse party upon
termination of direct examination as to:
o Matters stated in direct
examination or connected
therewith
With sufficient fullness
and freedom to test his
accuracy and
Truthfulness and freedom
from interest or bias, or
the reverse and
To elicit all important
facts bearing upon the
issue
Re Direct Examination
- Re examination by proponent after the
cross examination to allow the witness to
explain or supplement answers given during
the cross examination, and on the courts
discretion, allow questions on matters not
dealt with during the cross examination
Re Cross Examination
- Examination by Adverse party after the re
direct examination on matters stated in the
re direct examination and also on such
other matters as may be allowed by court in
its discretion
S9- recalling of witness
After the examination of a witness by both sides has
been concluded, the witness cannot be recalled
RULES ON EVIDENCE
26
without leave of the court. The court will grant or
withhold leave in its discretion, as the interests of
justice may require
S10- Leading/Misleading
Leading Question
- Question which suggests to the witness the
answer which the examining party desires
General rule, not allowed, except:
a. On cross examination
b. On preliminary matters
c. When there is difficulty in getting
direct and intelligible answers from
a witness who is ignorant, or a
child of tender years, or is of feeble
mind, or of a deaf mute
d. Of an unwilling or hostile witness
or
e. Of a witness who is an adverse
party or an officer, director,
managing agent of a public or
private corporation or of a
partnership or association which is
an adverse party
Misleading question
- Question which assumes as true a fact not
yet testified to by the witness or contrary to
what is previously stated
o Not allowed
S11- Impeachment of adverse partys witness
A witness may be impeached by the party against
whom he is called,
1. by contradictory evidence,
2. by evidence that his general reputation for
truth, honesty, or integrity is bad, or
3. by evidence that he has made at other
times statements inconsistent with his
present testimony,
but not
- by evidence of particular wrongful acts,
o except that it may be shown by the
examination of the
witness, or
the record of the
judgment,
that he has been
convicted of an
offense
Deposition
TSN
Perjured Witness
S12- Party may not impeach own witness
Except with respect to witnesses referred to in par d
and e of S10 (unwilling/hostile and adverse party or
officer of a corporation which is adverse party), the
party producing a witness is not allowed to impeach
his credibility
A witness may be considered as unwilling or hostile
only if unwilling and so declared by the court upon
adequate showing of his
1. adverse interest
2. unjustified reluctance to testify
3. or his having misled a party into the wintess
stand
The unwilling or hostile witness so declared or the
witness who is an adverse party may be impeached
RULES ON EVIDENCE
27
by the party presenting him in all respects as if he
had been called by the adverse party except by
evidence of his bad character. He may also be
impeached and cross examined by the adverse party,
but such cross examination must only be on the
subject matter of his examination in chief.
General rule, except hostile, adverse, petitioners
witnessmanifest before the court
S13- How witness impeached by evidence of
inconsistent witness
Before a witness can be impeached by evidence that
he has made at other times inconsistent with his
present testimony, the statements must be related
to him with the circumstances of the times and
places and the persons present and must be asked
whether he made such statements and if so, allowed
to explain them. If the statements be in writing they
must be shown to the witness before any question
put to him concerning them.
TSN, affidavit- ipakita
May statement? Ginawa mo? Naalala mo ba?
1
st
statement- medyo pogi daw
2
nd
statement- pogi daw
ANO BA?
Hence, credibility at issue, with propensity to tell a
lie
Laying the predicate- lay the basis/predicate
- impeaching a witness by prior inconsistent
statements
How?
1. By confronting him with such statements,
with circumstances under which they were
made
2. By asking him whether he made such
statements
3. By giving him a change to explain the
inconsistency
S14- Evidence of good character of a witness
Evidence of good character of a witness is not
admissible until such character has been impeached
Evidence of good character of witness
General rule: not admissible
Exception: except when such character has been
impeached
Accused- admissible, for as long as pertaining to the
offense
Civil case- admissible only when pertinent to the
issue of character involved in a case
S15- Exclusion and separation of a witness
On any trial or hearing, the judge may exclude from
the court any witness not at the time under
examination, so that he may not hear the testimony
of other witnesses. The judge may also cause
witnesses to be kept separate and to be prevented
from conversing with one another until all shall have
been examined.
To avoid confusion
N/A to accused- Constitutional guarantee; to be
present at all stage of a witness
RULES ON EVIDENCE
28
When there are 2 or more witnesses, can do so to
avoid confusion
S16- When witness may refer to memorandum
A witness may be allowed to refresh his memory
1. respecting a fact,
a. by anything written or recorded by
himself or under his direction at
i. the time when the fact
occurred, or
ii. immediately thereafter,
or
iii. at any other time when
the fact was fresh in his
memory and he knew that
the same was correctly
written or recorded;
but in such case the writing or record must be
produced and may be inspected by the adverse
party, who may, if he chooses, cross examine the
witnesses upon it, and may read it in evidence
So, also, a witness may testify from such a writing or
record, though he retain no recollection of the
particular facts,
- if he is able to swear that the writing or
record correctly stated the transaction
when made;
o but such evidence must be
received with caution
1. Present memory
2. Writing
Refresh memory
- Show to him, show contents
S17- When part of transaction, writing, or recorder is
given in evidence, the remainder is admissible
When part of an act, declaration, conversation,
writing, or record is given in evidence by one party,
the whole of the same subject may be inquired into
by the other, and when a detached act, declaration,
conversation, writing, or record is given in evidence,
any other act, declaration, conversation, writing, or
record necessary to its understanding may also be
given in evidence
S18- Right to inspect writing shown to witness
Whenever a writing is shown to a witness, it may be
inspected by the adverse party
Writing- you are adverse party, inspect it!
S19- classes of documents
For the purpose of their presentation in evidence,
documents are either public or private.
Public documents are:
a. the written official acts, or records of the
official acts of the sovereign authority,
official bodies and tribunals, and public
officers, whether of the Philippines, or of a
foreign country
b. documents acknowledge before a notary
public except last wills and testaments, and
c. Public records kept in the Philippines, of
private documents required by law to be
entered therein
RULES ON EVIDENCE
29
All other writings are private
S20- Proof of private document
Before any private document offered as authentic is
received in evidence, its due execution and
authenticity must be proved either:
a. by anyone who saw the document executed
or written, or
b. by evidence of the genuineness of the
signature or handwriting of the maker
Any other private document need only be identified
as that which it is claimed to be
S21- When evidence of authenticity of private
document is not necessary
When a private document is more than 30 years old,
is produced from a custody in which it would
naturally be found if genuine, and is unblemished by
any alterations or circumstances of suspicion, no
other evidence of its authenticity need be given
How to prove foreign laws:
- allege
- prove, authenticate, attest
S22- How genuiness of handwriting is proved
22
The handwriting of a person may be proved by any
witness who believes it to be the handwriting of
such person because he has seen the person write,
or has seen writing purporting to be his upon which
the witness has acted or been charged, and has thus
acquired knowledge of the handwriting of such
person. Evidence respecting the handwriting may
also be given by a comparison, made by the witness
or the court, with writings admitted or treated as
genuine by the party against whom the evidence is
offered, or proved to be genuine to the satisfaction
of the judge
23
Documents consisting of entries in public records
made in the performance of a duty of a public officer
are prima facie evidence of the facts therein stated.
All other public documents are evidence, even
against a third person, of the fact which gave rise to
their execution and of the date of the latter.
24
The record of public documents referred to in
paragraph a of section 19, when admissible for any
purpose, may be evidenced by an official publication
thereof or by a copy attested by the officer having
the legal custody of the record, or by his deputy, and
accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has
custody. If the office in which the record is kept in a
foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general,
consul, vice consul, or consular agent or by any
officer in the foreign service of the Philippines
stationed in the foreign country in which the record
is kept, and authenticated by the seal of his office.
25
Whenever a copy of a document or record is
attested for the purpose of the evidence, the
attestation must state, in substance, that the copy is
a correct copy of the original, or a specific part
thereof, as the case may be. The attestation must
RULES ON EVIDENCE
30
be under the official seal of the attesting officer, if
there be any, or if he be the clerk of a court having a
seal, under the seal of such court.
S26- Irremovability of public record
Any public record, an official copy of which is
admissible in evidence, must not be removed from
the office in which it is kept except upon order of a
court where the inspection of the record is essential
to just determination of a pending case
(Relate to S3(4) 130)
When original is a public record in the custody of the
public officer or is recorded in a public office
exception to best evidence rule
S27- Public record of a private document
An authorized public record of a private document
may be proved by the original record, or by a copy
thereof attested by the legal custodian of the record,
with an appropriate certificate that such officer has
the custody.
S28- Proof of lack of record
A written statement signed by an officer having the
custody of an official record or by his deputy that
after diligent search, no record or entry of a
specified tenor is found to exist in the records of his
office, accompanied by a certificate as above
provided, is admissible as evidence that the records
of his office contain no such record or entry
S29- Impeaching Judicial Records
Any judicial record may be impeached by evidence
of:
a. want of jurisdiction in the court or judicial
officer
b. collusion between the parties
c. fraud in the party offering the record, in
respect to the proceedings
S30- proof of notarial documents
Every instrument duly acknowledged and certified as
provided by law, may be presented in evidence
without further proof, the certificate of
acknowledgement being prima facie evidence of the
execution of the instrument or document involved.
(relate to 2004 Notarial Rules, because concerns
notarial documents)
S31- alterations in document, how to explain
The party producing a document as genuine which
has been altered and appears to have been altered
after its execution, in a part material to the question
in dispute, must account for the alteration. He may
show that the alteration was made by another,
without his concurrence, or was made with the
consent of the parties affected by it, or was
otherwise properly or innocently made, or that the
alteration did not change the meaning or language
of the instrument. If he fails to do that, the
document shall not be admissible as evidence.
S32- seal
There shall be no difference between sealed and
unsealed private documents insofar as their
admissibility as evidenceis concerned.
RULES ON EVIDENCE
31
Seal- coming from abroad, then dapat ang document
has seal and authentication
S33- Documentary evidence in an unofficial language
Documents written in an unofficial language shall
not be admitted as evidence, unless accompanied
with a translation into English or Filipino. To avoid
interruption of proceedings, parties or their
attorneys are directed to have such translation
prepared before trial.
Document written in Korean, Thai, Chinese- dapat
with official English translationtranslator coming
from respective embassies, kasi baka mamaya
minumura na kayoand dapat prosecution must
come up with translator, not the accused
Interpreter- not provided by witness for accused or
by the accusedtalo ka dun
Offer and objection
S34- offer of evidence
The court shall consider not evidence which has not
been formally offered. The purpose for which the
evidence must be offered must be specified.
Offer of evidence Offer of testimony
After termination of
presentation of evidence
After testimony was
made
Offer of evidence Formal offer of proof
After termination of
presentation of evidence
Offer proof in relation to
the fact in issue
Evidence not formally offered- has no probative
value
S35- when to make offer
As regards the testimony of a witness, the offer must
be made at the time the witness is called to testify.
Documentary and object evidence shall be offered
after the presentation of a partys testimonial
evidence.
Such offer shall be done orally unless allowed by the
court to be done in writing.
Documentary- after identification, during trial
Testimonial- at the time the witness is being
presented
S36- Objection
Objection to evidence offered orally must be made
immediately after the offer is made.
Objection to a question propounded in the course of
the oral examination of a witness shall be made as
soon as the grounds therefore shall become
reasonably apparent
An offer of evidence in writing shall be objected to
within 3 days after the notice of the offer unless a
different period is allowed by the court.
In any case, the grounds for objections must be
specified.
RULES ON EVIDENCE
32
Kinds of objections:
As to form:
1. oral
2. written
2 grounds:
1. specified objections
a. parol evidence
b. best evidence
2. general objections
a. immaterial
b. irrelevant
c. no basis
d. incompetent
Overruled- hindi pwede
Sustained- question allowed
Deferred- ruling deferred for further time
Continuing objections- line of questions are
objectionable, register as far the class of questions
are given- para hindi lagi object ng object
1994 Bar
Broadsideobjections Specific Objections
General objections With specific grounds for
objection
S37- Continuing Objections
When it becomes reasonably apparent in the course
of the examination of a witness that the questions
being propounded are of the same class as those to
which objection has been made, whether such
objection was sustained or overruled, it shall not be
necessary to repeat the objection, it being sufficient
for the adverse party to record his continuing
objection to such class of questions.
S38- ruling on objections
The ruling of the court must be given immediately
after the objection is made, unless the court desires
to take a reasonable time to inform itself on the
question presented; but the ruling shall always be
made during the trial and at such time as will give
the party against whom it is made an opportunity to
meet the situation presented by the ruling.
S39- not responsive, strike out answer
Should a witness answer the question before the
adverse party had the opportunity to voice fully its
objection to the same, and such objection is found
to be meritorious, the court shall sustain the
objection and order the answer given to be stricken
off the record.
S40- Tender of excluded evidence
If documents or things offered in evidence are
excluded by the court, the offeror may have the
same attached to or made part of the record.
If the evidence excluded is oral, the offeror may
state for the record the name and other personal
circumstances of the witness and the substance of
the proposed testimony.
Rule:
Testimonial Evidence- give the name, personal
circumstances of witness, nature of testimony
Documentary Evidence- give descriptions of the
documents, have them attached or made part of the
record; hence, would form part of record of the
case, and for purposes of review, can be considered
by appellate court
RULES ON EVIDENCE
33
Purpose of objections
- as to admissibility
Admissibility Probative Value
Question is whether the
court will admit it or not
Fact in issue is in
question
Rule 133
Weight and Sufficiency of evidence
PREPONDERANCE OF EVIDENCE
- Evidence which is of greater weight or more
convincing than that which is offered in
opposition to it
o In civil cases
Considerations the court may consider:
1. All facts and circumstances of the case
2. Witnesses manner of testifying
3. Their intelligence
4. Their means and opportunity of knowing
the facts to which they are testifying
5. Nature of the facts to which they are
testifying
6. Nature of facts to which they testify
7. Probability or improbability of their
testimony
8. Their interest or want of interest
9. Personal credibility so far as the same may
legitimately appear upon the record
SUBSTANTIAL EVIDENCE
- Amount of evidence which a reasonable
mind might accept as adequate to justify a
conclusion
o In administrative cases or before
quasi judicial bodies
PROOF BEYOND REASONABLE DOUBT
- Moral certainty of commission of crime,
degree of proof producing conviction in an
unprejudiced mind
o Criminal cases
S3- Extrajudicial confession, not sufficient ground for
conviction, except
An extrajudicial confession made by the accused,
shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti (body of
the crimesee previous discussions).
S4- Circumstantial evidence
Sufficient for conviction if:
1. There is more than one circumstance
2. The facts from which the inferences are
derived are proven
3. Combination of all circumstances is such as
to produce conviction beyond reasonable
doubt
RULES ON EVIDENCE
34
DNA Evidence
- Admissible (see People vs Vallejo)
Polygraph
- Not admissible
o Emotions are controlled
Falsus in uno falsus in omnibus (unsure about
correct translation)
- False in one, false in all
R126 S13
Search incidental to lawful arrest
- Admissible whatever would be taken from
the search IF the arrest, in the first place, is
lawful
o If not, then not admissible
Sexual Shield Abuse Rule
- Questions on sexual predisposition of a
minor witness is inadmissible in evidence
o EXCEPT:
If tending to prove source
of semen
If question refers to
injuries sustained by said
minor witness
Rule 134
Perpetuation of Testimony
(relate to R23 and 24)
DEPOSITIONS!
RULES ON EVIDENCE
35

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Remedial Law Review class lecture by Atty Ferdinand Tan

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