Professional Documents
Culture Documents
EVIDENCE
Lorebette G. Grandea
This outline is being used with the kind permission of Prof.
Theodore Te
PART ONE.
1. Judicial Admissions
2. Judicial Notice
Rule 129
People v. Cepeda, 324 SCRA 290 (2000)
People v. Cerbito, 324 SCRA 304 (2000)
Vinoya v. NLRC, 324 SCRA 469 (2000)
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Ditche v. CA, 327 SCRA 301(2000)
BPI-Family Savings Bank v. CA, 330 SCRA 507(2000)
Salamera v. Sandiganbayan, 303 SCRA 217 (1999)
People v. Tejero, 308 SCRA 660 (1999)
PAL v. CA, 257 SCRA 33 (1996)
Heirs of Canque v. CA, 275 SCRA 741 (1997)
Philsec Investment Corp. v. CA, 274 SCRA102 (1997)
Mandarin Villa v. Ca, 257 SCRA 538 (1996)
People v. Alicando, 251 SCRA 293 (1995)
Metal Forming Corporation v. Office of the President, 247 SCRA (1995)
3. Conclusive presumptions
A. Admissibility
1. Conditional Admissibility
2. Multiple Admissibility
B. Relevance
C. Competency
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D. Burden of Proof vs Burden of Evidence
F. Functional Equivalence
G. Conflict between physical & testimonial evidence & between affidavit & testimony in
open court
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privacy of communication & correspondence
Const. (1987), art. III, sec. 3 (2) vis sec. 2 and 3 (1)
Republic Act No. 4200
A. Objects
1. General Rule
c. Persons
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(5) Drug and alcohol testing
Skinner v. Rallway, Labor Executives Association, 103 L. Ed 2d 639
(1989)
National Treasury Employees Union v. Von Raab, 103 L. Ed 2d 685
(1989)
Blustein v. Skinner, 908 F. 2d 451 (9th Cir., 1990)
International Brotherhood of Teamsters v. Department of
Transportation, 932 F. 2d 1291 (9th Cir., 1991)
Dimeo v. Griffin, 943 F. 2d 769 (7th Cir., 1991)
d. Photographs
e. Experiments
f. Taped conversations
a. Testimony
PART TWO.
ADMISSIBILITY OF EVIDENCE
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- From Lewis Caroll’s Alice’s Adventures in Wonderland
I. Rules of Admissibility
A. Generally
Security Bank & Trust Corp. v. Triumph Lumber & Cons. Corp., 301 SCRA 537
(1999)
1. Objects
2. Documents
1. Conventional Documents
Corpuz v Sto. Tomas and Sol Gen, G.R. No. 186571, August 11, 2010
Wild Valley Shipping Co., Ltd v. CA, supra
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b. Secondary evidence Rule
3. Testimony
Qualifications
Disqualifications
1. Mental incapacity
Rule 130, sec. 21
2. Marriage
Rule 130, sec. 22
4. Privileged communication
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b. Admissions and Confessions
1. Admissions
Generally admissible
Exceptions
a. Offer of compromise
Rule 130, sec. 27
2. Confessions
c. Previous Conduct
1. General Rule
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2. Exceptions to Hearsay
Dying declaration
Common reputation
Rule 130, sec. 41
Learned treatises
Rule 130, sec. 46
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Special Exception in Child Abuse Cases
Business Records
1. General Rule
2. Exceptions
Expert Witnesses
f. Character
1. General Rule
2. Exceptions
Rule 130, sec. 51 a,b,c, vis Rule 132, sec 14
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People v. Gamer, 326 SCRA 660 (2000)
People v. Navales, 337 SCRA 436 (2000)
People v. Faustino, 339 SCRA 718 (2000)
People v. Cabiles, 341 SCRA 721(2000)
PART THREE.
Presenting Evidence
The first witness was the Hatter. He came in with a teacup in one
hand and a piece of bread and butter in the other…” Take off your hat,” the
King said to the Hatter. “It isn’t mine,” said the Hatter. ‘Stolen!” the King
exclaimed, turning to the jury who instantly made a memorandum of the
fact.
- From Lewis Caroll’s Alice’s Adventures in Wonderland
Study Guide: At the end of Part Three, the student should: (a) know the order of trial for civil
and criminal cases as we as the different rules for presenting evidence in all its forms, (b)
understand and appreciate the criteria or standards used by the court in evaluating the
admissibility and credibility of evidence. It would be useful to recall the difference between
evidence that is admissible and credible under Part One.
I. Order of trial
A. Testimonial
1. Procedure
a. Direct Examination
Rule 132, secs. 5, 10
b. Cross examination
1. Generally
Rule 132, sec. 11
Rule 132, sec. 12, par. 1 vis sec. 10 (d) and (e)
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3. Hostile or adverse witness
Rule 132, sec. 12, pars. 2, 3
3. Recall of witnesses
Rule 132, sec.9
Cf. Rule 30, sec. 5: Rule 119, sec.11 (on rebuttal witnesses)
a. Generally
See Child Witness Rule, secs. 1, 2, 3, 4
d. Manner of examination
Child Witness Rule, secs. 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17
a. Objections
Rule 132, secs. 36-38
Child Witness Rule, sec. 21
People v. Versoza, 294 SCRA 466 (1998)
b. Striking-off answer
Rule 132, sec. 39
B. Documentary
a. Documents
1. Public
Rule 132, sec.19, pars. 1, 2
Rule 132, secs. 23, 24, 25, 26, 27, 30
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Agasen v. CA, 325 SCRA 504 (2000)
But Cf. Cequeña v. Bolante, 330 SCRA 216 (2000)
2. Private
Rule 132, sec. 19, pars. 1-3
Rule 132, secs. 20, 27
Cf. Rule 132, sec. 21 (when not necessary)
3. Electronic
RA 8792, secs. 5 (f), 7, 10, 11, 14, 15
Rules 5, 6, Electronic Evidence Rule
c. Handwriting
2. Alterations
Rule 132, sec. 31
4. Effect of Seal
Rule 132, sec. 32
E. Appreciation of evidence
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1. Testimonial
a. Credibility of witnesses; effects of bias or relationship or other
circumstances like minority disability/illness; appreciation by trial court
d. Eyewitness testimony
e. Judicial admissions
People v. Sarabia, 317 SCRA 684 (1999)
f. Unbelievable testimony
2. Documentary
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Security Bank & Trust Corporation v. Triumph Lumber & Construction
Corporation, 301 SCRA 537 (1999), supra
Heirs of Teodoro Dela Cruz v. CA, 298 SCRA 172 (1998)
b. Medico-legal reports
c. Death Certificates
People v. Abdul, 310 SCRA 246 (1999)
d. Police Blotters
e. Affidavits/writings
3. Object
a. Injuries
b. Hair
People v. Rondero, 320 SCRA 383 (1999)
c. Physical Condition
Villaflor v. Summers, 41 Phil. 62 (1920)
d. Drug Sample
People v. Zheng Bai Hui, 338 SCRA 420 (2000)
4. Facts
a. Age
People V. Pruna, G.R. No.138471, October 10, 2002
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