Professional Documents
Culture Documents
C. Confession and Admission, distinguished: For exceptions, see Sec. 3, Rule 130, Revised Rules of
Confession an acknowledgement of guilt. Court.
Admission an acknowledgment of facts.
A document is legally considered Original when:
Different kinds of confession/admission: 1. It is the subject of an inquiry
1. Judicial 2. When in two or more copies executed at or about
2. Extrajudicial the same time, with identical contents.
3. Oral 3. When an entry is repeated in ordinary course of
4. Written business, one being copied from another at or near the
5. Voluntary time of the transaction.
6. Forced
Question: May a fake document be considered as 10. Learned treatises
original or authentic? 11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of
Yes. A forged or spurious document when presented in child abuse
court for examination is considered as the original
fake/forged document. Thus, a mere photocopy of the IV. BURDEN OF PROOF AND PRESUMPTIONS:
allegedly forged or spurious document is only secondary
to the original questioned document. Burden of proof the duty of a party to present
evidence on the facts in issue necessary to establish his
Secondary Evidence claim or defense by the amount of evidence required by
When the original document has been: law.
1. lost,
2. destroyed, or Presumption an inference as to the existence of a fact
3. cannot be produced in court. not actually known, arising from its usual connection
with another which is known or a conjecture based on
The offeror without bad faith must: past experience as to what course human affairs
1. prove its execution or existence, and ordinarily take.
2. prove the cause of its unavailability.
2 kinds of presumptions:
Secondary evidence may consist of: 1. Conclusive presumptions [jure et de jure] based
1. a copy, on rules of substantive law which cannot be overcome
2. recital of its contents in some authentic document, by evidence to the contrary.
or 2. Disputable presumptions [prima facie
3. by testimony of witnesses. presumptions, rebuttable presumptions] based on
procedural rules and may be overcome by evidence to
When original document is in the custody of: the contrary.
1. adverse party adverse party must have
reasonable notice to produce it. After such notice and Kinds of Conclusive Presumptions:
satisfactory proof of its existence, he fails to produce it, 1. Estoppel by record or judgment the preclusion to
secondary evidence may be presented. deny the truth of matters set forth in a record, whether
2. public officer contents may be proved by certified judicial or legislative, and also deny the facts
copy issued by the public officer in custody thereof. adjudicated by a court of competent jurisdiction (Salud
v. CA, 233 SCRA 387).
III. TESTIMONIAL EVIDENCE: 2. Estoppel by deed a bar which precludes a party to
a deed and his privies from asserting as against the
Qualifications of witnesses: other and his privies any right or title in derogation of
1. can perceive the deed or denying the truth of any material fact
2. can make known their perception to others asserted in it (Iriola v. Felices, 30 SCRA 202).
3. not disqualified by reason of mental incapacity, 3. Estoppel in pais based upon express
immaturity, marriage, privileged communications, or representation or statements or upon positive acts or
dead mans statute. conduct. A party cannot, in the course of litigation or in
dealings in pais, be permitted to repudiate his
Res Inter Alios Acta Rule representation or occupy inconsistent positions.
General Rule: The rights of a party cannot be prejudiced 4. Estoppel against Tenant the tenant is not
by an act, declaration, or omission of another. permitted to deny the title of his landlord at the time of
the commencement of the relation of landlord and
Exception: tenant between them.
1. admission by a co-partner or agent
2. admission by a conspirator Note: For Kinds of disputable presumptions, see Sec. 3,
3. admission by privies Rule 131 of the Revised Rules of Court.
4. admission by silence
Presentation of Evidence:
In the above cases, the admission of one person is The examination of witnesses presented in a trial or
admissible as evidence against another. hearing shall be done is open court, and under oath or
affirmation. Unless the witness is incapacitated to
Testimonial Knowledge: speak, or the question calls for a different mode of
General Rule: A witness can testify only to those facts answer, the answer of the witness shall be given orally.
which he knows of his personal knowledge; that is,
which are derived from his own perception. Any Rights and Obligations of witnesses:
statement which derives its strength from anothers 1. To be protected from irrelevant, improper, or insulting
personal knowledge is hearsay, and is therefore questions, and from harsh or insulting demeanor.
inadmissible. 2. Not to be detained longer than the interest of justice
requires.
Exceptions: 3. Not to be examined except only as to matters
1. Dying declarations (ante-mortem statements) pertinent to the issue.
2. Declaration against interest 4. Not to give an answer which will tend to subject him
3. Act or declaration about pedigree to a penalty for an offense unless otherwise provided by
4. Family reputation or tradition regarding pedigree law.
5. Common reputation 5. Not to give an answer which will tend to degrade his
6. Part of the res gestae reputation, unless it be to the very fact at issue or to
7. Entries in the course of business the fact from which the fact in issue would be
8. Entries in official records presumed, but a witness must answer to the facts of his
9. Commercial lists and the like previous final conviction for an offense.
law.
Order of Examination of individual witnesses:
Direct examination by the proponent Ignorantia legis neminem excusat ignorance of
Cross examination by the opponent the law excuses no one.
Re-direct examination by the proponent
Re-cross examination by the opponent Ignorantia facti excusat mistake of fact excuses.
Direct examination the examination in chief of a Praeter intentionem different from that which was
witness by the party presenting him on the facts intended.
relevant to the issue.
Cross examination the examination by the adverse Error in personae mistake in identity.
party of the witness as to any matter stated in the direct
examination, or connected therewith, with sufficient Abberatio Ictus mistake in the blow
fullness and freedom from interest or bias, or the
reverse, and to elicit all important facts bearing upon Nulum crimen, nulla poena sine lege there is no
the issue. crime when there is no law punishing the same.
Re-direct examination second questioning by the Actus non facit reum, nisi mens sit rea the act
proponent to explain or supplement answers given in cannot be criminal where the mind is not criminal.
the cross examination.
Re-cross examination second questioning by the Actus mi invictu reus, nisi mens facit reum an act
adverse party on matters stated on the re-direct and done by me against my will is not my act.
also on such matters as may be allowed by court.
Mens rea guilty mind.
Different Types of Questions:
Leading questions It is one where the answer is Actus reus guilty act.
already supplied by the examiner into the mouth of the
witness. [Ex. You saw Jose killed Juan because you were Res ipsa loquitor the thing speaks for itself.
present when it happened, didnt you?]
Misleading question a question which cannot be Causa Proxima proximate cause which produced the
answered without making an unintended admission. [Ex. immediate effect.
Do you still beat your wife?]
Compound question a question which calls for a Prima facie at first glance.
single answer to more than one question. [Ex. Have you
seen and heard him?] Locus Criminis scene of the crime or crime scene.
Argumentative question a type of leading question
which reflects the examiners interpretation of the facts. Pro Reo principle in Criminal Law which states that
[Ex. Why were you driving carelessly?] where the statute admits of several interpretations, the
Speculative question a question which assumes a one most favorable to the accused shall be adopted.
disputed fact not stated by the witness as true. [Ex. The
victim cried in pain, didnt he?] Res Gestae the thing itself.
Conclusionary question a question which asks for
an opinion which the witness is not qualified or Falsus in unum, falsus in omnibus false in one part
permitted to answer. [Ex. Asking a high school drop-out of the statement would render the entire statement
whether the gun used is a Cal. 45 pistol or 9mm pistol] false (note: this maxim is not recognized in our
Cumulative question a question which has already jurisdiction).
been asked and answered.
Harassing/Embarrassing question [Ex. Are you a
Evidence - Definition of Terms
homosexual?]
Classes of Documents: Admissible evidence - Evidence that is both relevant and competen
Documents are either public or private.
Admissions - Any statement of fact made by a party against his inte
Public documents are:
Best Evidence Rule - When the subject of inquiry is the contents of
1. The written official acts, or records of the official
acts of sovereign authority, official bodies and tribunals, Burden of Proof - Duty of a party to present evidence on the facts i
and public officers, whether of the Philippines, or a
foreign country. Child Witness - Any person who at the time of giving testimony is le
2. Documents acknowledged before a notary public
except last wills and testaments. Circumstantial Evidence - Proof of fact/s from which, taken singly/
3. Public records (1) kept in the Philippines, or
private documents (2) required by law to be entered Collateral Matters - Matters other than the fact in issue and which
therein.
Competence - Evidence is not excluded by law or Rules of Court.
All other writings are private.
Conclusive Evidence - That class of evidence which the law does no
SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:
Confession - A categorical acknowledgment of guilt made by an acc
Verba legis non est decendendum from the words
Corroborative Evidence - Additional evidence of a different charact
of the law there can be no departure.
Cumulative Evidence - Evidence of the same kind and to the same
Dura lex sed lex the law may be harsh but it is the
Direct Evidence - Proves the fact in dispute without aid of any inference
Pedigree
or presumption.
- Relationship, family genealogy, birth, marriage, death, th
Electronic Data Message - Information generated, sent, received or Preponderance of Evidence - The evidence adduced by one side is