Evidence Notes

Remedial Law Review class lecture by Atty Ferdinand Tan
RULES ON EVIDENCE
Notes by: Paul Lemuel E Chavez
EVIDENCE NOTES
evidence
Evidence
Rules of evidence does not apply to:
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
Probandum
Factum
Factum
Probandum
Ultimate fact sought
to be established;
refers to proposition
Ultimate facts
Proposition to
established
hypothetical
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
be
Factum Probans
Material evidencing
the
proposition;
evidentiary fact by
which the factum
probandum
is
established
Intermediate facts
Material evidencing
the proposition
Existent
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
-
Proof
End
result;
probative effect of
evidence
Probative effect of
evidence and is the
conviction
or
persuasion of the
mind resulting from
the consideration of
the evidence
The end product;
effect of evidence
There is proof only
because
of
Evidence
Means, sanctioned
by the Rules, of
ascertaining in a
judicial proceeding
the truth respecting
a matter of fact
Medium
or
the
means by which a
fact is proved or
disproved
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:

RULES ON EVIDENCE
1.
2.
3.
4.
Rules 128-134 of the Rules of Court

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

Evidence
NOTE: R128 S3, which states that

evidence is admissible when it is
relevant to the issue and IS NOT
EXCLUDED BY THE LAW OR THESE
RULES
What law(s)?
1. 1987 Constitution
2. RA4200 (anti wiretapping act)
-
.. when it is relevant to the

issue and
o Refers to RELEVANCY OF
EVIDENCE
IS NOT EXCLUDED BY THE LAW

OR THESE RULES
o Refers to COMPETENCY OF
EVIDENCE
A3 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.
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

RULES ON EVIDENCE
hereof shall be inadmissible

evidence against him
in
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
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
-
A3 S14
1. No person shall be held to answer
for a criminal offense without due
process of law
2. In
all
criminal
prosecutions,
accused
shall
be
presumed
innocent until contrary is proved
(basis of R133 S2).
2. DOCUMENTARY EVIDENCE
-
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
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
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 in

issue; 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

RULES ON EVIDENCE
Additional evidence of the same

kind and character bearing on the
same point
Same claims tending to prove
single proposition
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.
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
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
Admissibility
The evidence must
be relevant and not
excluded by law or
the
Rules
(competent)
Competency
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
11. PREPONDERANCE OF EVIDENCE
When to object to admissibility of

evidence?
It depends
Evidence which is of greater weight

or more convincing than that which
is offered in opposition to it
o In civil cases
Testimonial Evidence
-
12. SUBSTANTIAL EVIDENCE

-
Amount of evidence which a

reasonable mind might accept as
adequate to justify a conclusion
13. PROOF
DOUBT
-
BEYOND
REASONABLE
Moral certainty of commission of

crime, producing conviction in an
unprejudiced mind
When witness presented on witness

stand
Documentary Evidence
-
Formal offer
Object Evidence
-
Examined by court, formal offer

made
Kinds of Admissibility:
1. CONDITIONAL
What kind of evidence is an AFFIDAVIT?

It depends.
Evidence presented is irrelevant to

the fact in issue on the condition

RULES ON EVIDENCE
that the proponent will establish its

relevancy
2. MULTIPLE
-
Rule 129
WHAT NEED NOT BE PROVED
-
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
Aka, no need for evidence
JUDICIAL NOTICE
-
What is known to the court need

not be proven (note: 1980, 2004
Bar)
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 would result in disparity of rulings
to his prejudice
Distinguish: Relevancy from Competency

(1992 Bar)
Relevancy
Evidence must have
such a relation to
the fact in issue as
to induce belief in
its existence or non
existence
Competency
Evidence
is
not
excluded by law or
these Rules
Evidence on collateral Matters

R128 S4
What are matters which

mandatory judicial notice?
are
of
R129 S1
1. Existence and territorial extent of
states
2. Their political history
3. Forms of government and symbols
of nationality
4. Law of nations
5. Admiralty and maritime courts of
the world and their seals
6. Political constitution and history of
the Phils
7. Official
acts
of
legislative,
executive, judicial depts. Of Phils
8. Laws of nature
9. Measure of time
10. Geographical divisions
Differentiate Legislative
Adjudicative Function:
Function
from
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.

RULES ON EVIDENCE
notice of any matter and allow the parties

to be heard thereon if such matter is
decisive of a material issue in the case.
NOTE:
Doctrine of processual presumption
Discretionary Judicial Notice
129 2
Matters which are of:
1. Public knowledge
2. Are capable of unquestionable
demonstration
3. Ought to be known to judges
because of their judicial functions
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
-
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:

-
appeal of MTC decision regarding

the ordinance
when the law otherwise provides
Allowed there under their laws

Decree of divorce
Duly authenticated
May be proved any time even
during on appeal
129 S4
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.
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.
After the trial and before judgment or on

appeal, the proper court, motu proprio or
on request of a party, may take judicial

RULES ON EVIDENCE
Judicial Admissions are conclusive with

respect to the admitter, hence, need not
be proven, provided,
1. Made in the same case
2. If made in another proceeding,
then it becomes extrajudicial
admission
Judicial Admission
Made in the same
case, except:
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)
Judicial
Confession
Made not in the
same case
Cannot be implied
(direct and positive
acknowledgement
of guilt)
Rule 130
Rules of admissibility
1. Palpable
mistake
2. No
admission
made
3. In
the
interest
of
justice
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.
Admission vs Confession (Dean, p. 57)

Admission
Act,
declaration,
omission of a party
as to any relevant
fact
Confession
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
Acknowledgement
of
facts
which,
though
incriminating, falls
short of admission
of guilt
Includes
Statement
by
accused that he
engaged in conduct
which constitutes a
crime
Specific
type
of
admission, referring
only
to
acknowledgment of
guilt
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:

RULES ON EVIDENCE
MARKED MONEY
130 (3) in relation to S4 of 130
Laman ng pera- documentary evidence
S3- when subject of inquiry is the contents

of a document, no evidence shall be
admissible other than the original
document itself
Existence ng pera- object evidence
TAPE RECORDINGS
Existence of tape- object evidence
Laman ng tape- documentary evidence
COCA COLA
S4- the original of a document is one the

contents of which are the subject of
inquiry
NOTE: applies
evidence
only
in
documentary
Documentary evidence- subject of inquiry

or else, Best Evidence Rule does not apply
Letterings- documentary evidence

Bote- object evidence
Marked money was xeroxed, the Xerox

was marked as evidence. You objected,
basis on the ground of best evidence rule.
-
Limitations to presentation of object

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

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

RULES ON EVIDENCE
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
certified by the judge under
seal of the court, and
2. the certificate must be filed
recorded as other wills are filed
recorded
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
Original
in
the
possession
of
adverse party
Exception to Best
Evidence Rule
Advice by way of
notice
There
is
prior
knowledge
of
existence
of
an
original
Rule 27
Production
and
inspection
of
documents
or
things
Mode of Discovery
By way of motion
There is no prior
knowledgekaya
nga
mode
of
discovery eh
and
the
and
and
Hence, proven by:

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

or under the control of the party
against whom the evidence is
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.

RULES ON EVIDENCE
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
-
130 S8
Copy to another
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
imperfection
agreement
ambiguity,
in
the
mistake,
written
b. Failure of the written agreement to

express the true intent and
agreement of the parties thereto
c. The
validity
agreement or
of
the
written
d. Existence of the other terms

agreed to by the parties or their
successors in interest after the
execution of the written agreement
The term agreement includes wills
Parol Evidence
Rule
Applies
to
documentary
evidence including
wills
Prohibits varying of
terms
of
Best Evidence
Rule
Applies
to
documentary
evidence
Prohibits
presentation
of
10

RULES ON EVIDENCE
agreement, subject
to exceptions
Invoked by only the
parties themselves
secondary evidence
Invoked
party
by
any
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,
imperfection
in
the
agreement
mistake,
written
b. Failure of written agreement to

express true intent and agreement
of the parties thereto
c. Validity of written agreement
d. Existence of other terms agreed to
by the parties or their successors in
interest after the execution of the
written agreement
Relate letter b to R63 S1 P2- ..action for

reformation of an instrument may be
brought to court by way of procedure for
declaratory relief
Requisites for 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
What is the LORD BACONS RULE

(Lord Bacon, 1841, Europe)
It enumerates/refers
ambiguities:
to
the
kinds
of
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
11

RULES ON EVIDENCE
2 descriptions, 1 false and 1

true, the false will be
treated as surplus while the
true will be admitted as
evidence
TESTIMONIAL EVIDENCE
Interpretation of Documents R130 S10-17

in relation to 1370-1378, NCC
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,

naiintindihan
naman
ang
sagot,
competent yon
at
e
Competency of
Witness
All persons who can
perceive,
and
perceiving,
and
make known their
perception to others
are competent to be
witnesses
Competency of
Evidence
Evidence
not
otherwise excluded
by law or these
Rules
are
competent evidence
Competency of
Witness
Question is whether
the
witness
can
perceive,
Credibility of
Witness
Question is whether
or not the testimony
of the witness / the
12

RULES ON EVIDENCE
perceiving, and can

make known their
perception to others
witness
believable
is
Who are disqualified to be witnesses?
if
one
of
the
spouses is a party
to the action
Applies
only
if
testimony is offered
DURING
THE
MARRIAGE
S21
1. Those whose mental condition, at
the time of their production for
examination, is such that they are
incapable of intelligently making
known their intention to others
2. Children whose mental maturity is
such as to render them incapable
of perceiving the facts respecting
which they are examined and of
relating them truthfully
S22- by reason of marriage
3. During the marriage, neither the
husband nor the wife may testify
for or against the other without the
consent of affected, spouse, except
in a civil case by one against the
other, or in a criminal case for a
crime committed by one against
the other or the latters direct
ascendants or descendants
S22- Disqual by
reason of
marriage
One of spouses is
party to the action,
hence,
cannot
testify for or against
the other without
the
consent
of
affected
spouse,
except, civil case by
one vs another, or
criminal case by
one against other,
or latters direct
ascendants
or
descendants
Can be invoked only
S24A- disqual by
reason of marital
privilege
One of the spouses
is or is not a party
to the action
Can
be
claimed
Constitutes
total
prohibition for or
against the spouse
of the witness
Objection would be
raised
on
the
ground of marriage,
married
witness
would
not
be
allowed to take the
stand
due
to
disqualification
whether or not the

other spouse is a
party to the action
Can
be
claimed
DURING OR AFTER
THE
MARRIAGE
(pwede
even
if
marriage
already
dissolved)
Applies
only
to
confidential
relations
between
the spouses
Married person is on
the stand but the
objection
of
privilege is raised
when
confidential
material
communication
is
inquired thereto
Even
if
the
testimony is for or
against
the
objecting
spouse,
the spouse witness
cannot testify
Note: Spousal Immunity is waivable.
Hence, for failure to object, waived
S23- Dead Mans Statute (correlate with

probate of a will, testate or intestate)
4. Parties or assignors to a case or
persons in whose behalf a case is
prosecuted against an executor or
administrator
or
other
representative of a deceased
person or against a person of
unsound mind upon a claim or
demand against the estate of a
deceased person or against such
person of unsound mind, cannot
testify as to any matter of fact
occurring before the death of such
deceased person or before such
person became of unsound mind
13

RULES ON EVIDENCE
REQUISITES (Rule 130 S23):

-
Witness is a
o party or
o assignor of a party
to a case of persons
in whose behalf a
case is prosecuted
action
o
o
o
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
is against
executor or
administrator or
other
representative
deceased person or
o person of unsound mind
24a
of
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
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:
-
If
marriage
is
disqualification
If testified to, with right to cross examine
void,
hindi
apply
If voidable, apply disqualification (during

or after)
Exceptions:
-
Dying declaration
Communications made prior
valid marriage
If Can be made public
When overheard by third party
to
Scope:
-
NOTE: Waivable
In a civil case by one against the

other
In a criminal case committed by
one against the other or the latters
direct descendants or ascendants
Testimony on confidential matters

Spouse not to give comment,
If not, then waived

2. Attorney-Client relations
Disqualifications
by
reason
PRIVILEGED COMMUNICATION
of
Attorney- passed the bar, took the oath,

signed the roll
14

RULES ON EVIDENCE
24b
NOTE: applies only to CIVIL CASES
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
Why not to criminal? Autopsy reports
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
Covers:
1. Advice or treatment given by
doctor
2. Any information he acquired from
patient
3. Information necessary to enable
him to act in that capacity and
would blacken reputation of patient
MEDICINE!
Atty
-
Concerning any matter relating to

pleadings,
documents,
verbal
statements
Secretary, Stenographer,
Clerk, NOT Janitor)
-
Clerk
(Office
Concerning any matter relating to

pleadings,
documents,
verbal
statements,
any
fact,
the
knowledge of which has been
acquired in such capacity
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
For unlawful purpose
4. Priest-penitent
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.
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!!!
15

RULES ON EVIDENCE
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
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.
Admission
Express or implied
Is not necessarily
tantamount
to
automatic liability
Made by any party
Confession
Express/tacit
Acknowledgment of
guilt, hence, liability
attaches
Made by accused
Admissions may be judicial or extrajudicial

By co conspirator or by co partnersextrajudicial
Declaration
against Interest
Made by person
deceased or unable
to testify against
interest of declarant
Admission
Not
necessarily
made by person
party or not
S27- Offer of compromise

Filial Privilege
CIVIL CASES
S25- no person can be compelled to testify

against
his
parents,
other
direct
descendants,
children,
other
direct
ascendants
CRIMINAL CASES
-
Admission
-
Act, declaration, omission

party as to a relevant fact
of
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)
Not an admission of any liability

and is not admissible in evidence
against offeror
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
16

RULES ON EVIDENCE
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 conspirator (S30)

Requisites:
1. Act or declaration by conspirator
2. Relating to conspiracy and during
its existence
3. Conspiracy is shown by evidence
other than such act or declaration
Admission by privies (S31)

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
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
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
Not an admission, e hindi nga maka-salita

eh
With respect to confession, consider the

following:
17

RULES ON EVIDENCE
RA7438 (With respect to Custodial

Investigation/EJ Confession)
Judicial confessions during the trial
Constitutional provisions
Facts from which the inferences are

derived are proven
Combination of all circumstances is
such as to produce a conviction
beyond reasonable doubt
2 Kinds of Confessions:
Interlocking Confession
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
-
Weight:
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
1. Judicial confession- conclusive

2. Extrajudicial confession- disputable
Similar Acts as Evidence (S34)

General Rule:
-
Corpus delicti- body of the crime; pag wala

to, then walang crime
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
circumstance
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:
Examples:
2 or more accused executes

separate confessions, and the
same interlocks on material points,
hence, admissible in evidence
than
one
admissible to prove:
o specific intent
o knowledge
o identity
o plan
o system
o scheme
o habit
o custom
o usage
o the like
Instance: Carnapping in QC and Pasaysimilar acts may be admitted as evidence

to prove pattern of behaviour/modus
operandi
18

RULES ON EVIDENCE
EXCEPTION: (11)
Unaccepted Offer (S35)- relate to 1256,
NCC for purpose of consignation
1.
2.
3.
4.
dying declaration
declaration against interest
act or declaration about pedigree
family reputation or tradition
regarding pedigree
5. common reputation
6. part of res gestae
7. entries in the course of business
8. entries in official records
9. commercial lists in the like
10. learned treatises
11. testimony or deposition at a former
proceeding
S37- Dying Declaration

(exception to privileged communication
between husband and wife)
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

payment, filed for consignation
accept
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)
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
Made by person
deceased or unable
to testify against
interest of declarant
Admission
Not
necessarily
made by person
party or not
S39- Pedigree (hindi pagkain ng aso)

Act or declaration of person deceased or
unable to testify
19

RULES ON EVIDENCE
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
S39
Act or declaration
about pedigree
Witness need not
be a family member
Relation
of
declarant
and
person subject of
inquiry
must
be
established
by
independent
evidence
Testimony is about
what declarant, who
is dead or unable to
testify,
has
said
concerning
pedigree
of
declarants family
S40
Family reputation or
tradition regarding
pedigree
Witness
is
a
member
of
the
family
Witness is himself
the one to whom
the fact relates, and
not necessary for
him to establish by
independent
evidence
his
relationship to the
family
Testimony is about
family reputation or
tradition
covering
matters of pedigree
Important: known to the community

regarding pedigree, genealogy, family
history
hence, not necessary na present yung

ninuno
Common Reputation (S40)
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
pedigree:
-
received
as
evidence
entries in family bibles,

entries in family books or charts
engravings on rings
family portraits
etc
of
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)
20

RULES ON EVIDENCE
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
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
2 kinds of res gestae:

1. Statement on startling occurrence
plus utterance
Parang, dying
namatay
declaration,
pero
hindi
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
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
Proceedings (S47)
at
Former
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?
21

RULES ON EVIDENCE
Trustworthiness and necessity
Exception:
Criminal Cases
How do you attack a dying declaration?

Rule
131presumption
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.
disputable/rebuttable
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
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
Character Evidence
General Rule: Not admissible
Never shifts during

trial, given by law
Burden of
Evidence
Shifts during trial
22

RULES ON EVIDENCE
Affirmative defenseon the one alleging

such
affirmative
defense
Negative
on
the
party
defenseclaiming
Criminal
case*prosecution-defense
d.
That a person takes ordinary care of his

concerns
Civil Case- *plaintiff

defendant
e.
That evidence if willfully suppressed

would be adverse if produced
Administrative caseboth
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
Kinds of Presumptions:
1. Conclusive presumptions
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
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
23

RULES ON EVIDENCE
arbitration were laid before the

arbitrators and passed upon by them
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
p.
That private transactions has been fair

and regular
q.
That the ordinary course of business

has been followed
r.
That
there
was
a
consideration for a contract
sufficient
3.
a person who has been in danger

of death under other circumstances
and whose existence has not been
known for 4 years
s.
That a negotiable instrument was given

or
indorsed
for
a
sufficient
consideration
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
t.
That an indorsement of a negotiable

instrument was made before the
instrument was overdue and at the
place where the instrument is dated
u.
That a writing is truly dated
v.
That a letter duly directed and mailed

was received in the regular course of
the mail
w. That after an absence of 7 years, it

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

for all purposes including the division
of the estate among the heirs:
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 a contract of copartnership
aa. that a man and a woman deporting

themselves as husband and wife have
entered into a lawful contract of
marriage
24

RULES ON EVIDENCE
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
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:
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.
2.
a child born before

180 days after the
solemnization of the
subsequent marriage
is considered to have
been
conceived
during the former
marriage, provided it
be born within 300
days
after
the
termination of the
former marriage
a child born after 180
days following the
celebration of the
subsequent marriage
is considered to have
been
conceived
during
such
marriage,
even
though it be born
within 300 days after
the termination of
the former marriage
1.
2.
3.
4.
if both were under

the age of 15 years,
the older is deemed
to have survived
if both are above the
age
of
60,
the
younger is deemed to
have survived
if one is under 15 and
the other above 60,
the former is deemed
to have survived
if both be over 15
and under 60, and
the sex be different,
the male is deemed
25

RULES ON EVIDENCE
5.
to have survived; if
the sex be the same,
the older
if one be under 15 or
over 60, and the
other between those
ages, the latter is
deemed
to
have
survived
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)
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
26

RULES ON EVIDENCE
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
cannot be recalled without leave of the

court. The court will grant or withhold
leave in its discretion, as the interests of
justice may require
S10- Leading/Misleading
Leading Question
-
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
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
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
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
Question which suggests to the

witness the answer which the
examining party desires
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
After the examination of a witness by both

sides has been concluded, the witness
27

RULES ON EVIDENCE
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 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?
1st statement- medyo pogi daw
2nd statement- pogi daw
ANO BA?
28

RULES ON EVIDENCE
Hence, credibility at issue, with propensity

to tell a lie
Laying
the
basis/predicate
-
predicate-
lay
impeaching a witness
inconsistent statements
by
the
prior
To avoid confusion
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
pertaining to the offense
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.
as
long
as
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
N/A to accused- Constitutional guarantee;

to be present at all stage of a witness
When there are 2 or more witnesses, can
do so to avoid confusion
S16- When witness

memorandum
may
refer
to
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,
29

RULES ON EVIDENCE
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
Public documents are:
a. the written official acts, or records

of the official acts of the sovereign
authority,
official
bodies
and
tribunals, and public officers,
whether of the Philippines, or of a
foreign country
b. documents acknowledge before a
notary public except last wills and
testaments, and
c. Public
records
kept
in
the
Philippines, of private documents
required by law to be entered
therein
All other writings are private
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:
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.
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
30

RULES ON EVIDENCE
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
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
31

RULES ON EVIDENCE
(Relate to S3(4) 130)

When original is a public record in the
custody of the public officer or is recorded
in a public officeexception to best
evidence rule
S27- Public record of a private document

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
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.
Any judicial record may be impeached by

evidence of:
S32- seal
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
There shall be no difference between

sealed and unsealed private documents
insofar as their admissibility as evidence is
concerned.
Seal- coming from abroad, then dapat ang

document has seal and authentication
32

RULES ON EVIDENCE
S33- Documentary
unofficial language
evidence
in
an
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
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
Offer and objection

S36- 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
After termination of
presentation
of
evidence
Offer of evidence
After termination of
presentation
of
evidence
Offer of
testimony
After testimony was
made
Formal offer of
proof
Offer
proof
in
relation to the fact
in issue
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.
33

RULES ON EVIDENCE
In any case, the grounds for objections

must be specified.
Kinds of objections:
objection, it being sufficient for the

adverse party to record his continuing
objection to such class of questions.
As to form:
S38- ruling on objections
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
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

1994 Bar
Broadside
objections
General objections
Specific
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
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:
34

RULES ON EVIDENCE
Testimonial Evidence- give the name,

personal circumstances of witness, nature
of testimony
4. Their means and opportunity of

knowing the facts to which they are
testifying
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
5. Nature of the facts to which they

are testifying
Purpose of objections
-
as to admissibility
Admissibility
Question is whether
the court will admit
it or not
Probative Value
Fact in issue is in
question
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
-
Rule 133
Amount of evidence which a

reasonable mind might accept as
adequate to justify a conclusion
o In administrative cases or
before quasi judicial bodies
Weight and Sufficiency of evidence

PROOF BEYOND REASONABLE DOUBT
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
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).
3. Their intelligence
S4- Circumstantial evidence
35

RULES ON EVIDENCE
Sufficient for conviction if:

1. There
is
more
circumstance
than
one
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
If question refers to
injuries sustained by
said minor witness
Rule 134
Perpetuation of Testimony
(relate to R23 and 24)
DEPOSITIONS!
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
36

RULES ON EVIDENCE
37

RULES ON EVIDENCE
38

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Remedial Law Review class lecture by Atty Ferdinand Tan

1. CLINE (Rule 1) + quasi judicial and

Exception to CLINE + administrative,

Applies to all proceedings, judicial

In what instances can Factual Issues

Remedial Law Review class lecture by Atty Ferdinand Tan

Rules 128-134 of the Rules of Court

Constitutional Basis of Rules on

NOTE: R128 S3, which states that

.. when it is relevant to the

IS NOT EXCLUDED BY THE LAW

A3 S12 (Right to custodial investigation,

Remedial Law Review class lecture by Atty Ferdinand Tan

hereof shall be inadmissible

4. The law shall provide for penal and

NOTE however that the right (of accused

He shall also enjoy the right to:

Evidence addressed to the senses

Evidence consisting of writings or

Evidence made during the trial

Evidence related to the fact in

Evidence directed to prove a fact in

Evidence not excluded by law or

Remedial Law Review class lecture by Atty Ferdinand Tan

Additional evidence of the same

If what is subject is its existence or non

Additional evidence of a different

Evidence showing that an event

Evidence not showing that event

Human Security Act

Applies same rule on admissibility

11. PREPONDERANCE OF EVIDENCE

When to object to admissibility of

Evidence which is of greater weight

12. SUBSTANTIAL EVIDENCE

Amount of evidence which a

Moral certainty of commission of

When witness presented on witness

Examined by court, formal offer

What kind of evidence is an AFFIDAVIT?

Evidence presented is irrelevant to

Remedial Law Review class lecture by Atty Ferdinand Tan

that the proponent will establish its

When evidence is relevant and

Aka, no need for evidence

What is known to the court need

Where improper evidence was

Distinguish: Relevancy from Competency

Evidence on collateral Matters

What are matters which

Evidence must have such a relation to the

Remedial Law Review class lecture by Atty Ferdinand Tan

notice of any matter and allow the parties

Laws of Municipal or City Ordinances

RTC or MTC must know

How about municipal ordinances?

foreign laws must be alleged and

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

Copy of the law

Divorce, prove by:

appeal of MTC decision regarding

Allowed there under their laws

An admission, verbal or written, made by

After the trial and before judgment or on