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EVIDENCE

ATTY. CHRISTIAN “Kit” VILLASIS

Quiz No. 8

1. Differentiate admissions from confessions.

▪ Admission is any statement of fact made by a party against his interest or unfavorable to the
conclusion for which he contends or is inconsistent with the facts alleged by him. Confession is
any statement of fact which involves an acknowledgment of guilt or liability.

▪ Admission may be made by third persons and in certain cases, are admissible against a party.
Confession can be made only by the party himself and, in some instances, are admissible against
his co-accused.

▪ Admission applies to both criminal and civil cases. Confession applies only to criminal cases.

2. Explain the rule on res inter alios acta and give an example. What are the exceptions to
the res inter alios acta rule.

▪ This principle literally means “things done between strangers ought not to injure those who are
not parties to them.”

▪ Exceptions:
i. Admission by a co-partner or agent (Sec. 29, Rule 130)
ii. Admission by a co-conspirator (Sec. 30, Rule 130); and
iii. Admission by privies (Sec. 31, Rule 130).

3. Explain the rule on Admission by a party and give an example.

▪ The act, declaration or omission of a party as to a relevant fact may be given in evidence against
him. (Sec. 26, Rule 130)

▪ Requisites for the admissibility of an admission:


i. The act, declaration or omission must have been made by a party or by one by whom he
is legally bound;
ii. The admission must be as to a relevant fact; and
iii. The admission may only be given in evidence against him.

4. Explain the rule on Admission by a third party and give an example.

▪ GR: The act, declaration or omission made out of court of a party as to a relevant fact may be
given in evidence against him but may not be given in evidence against another person.

▪ XPN: The act or omission of one party made out of court may be used as evidence against another
when its admission is made by:A partner;
i. An agent;
ii. A joint owner;
iii. A joint debtor;
iv. A person jointly interested with the party;
v. A conspirator; or
vi. A privy or successor in interest (Suarez and De la Banda, 2006)
5. Explain the rule on Admission by a co-partner or agent. Give an example.

▪ The act or declaration of a partner or agent of the party within the scope of his authority and during
the existence of the partnership or agency, may be given in evidence against such party after the
partnership or agency is shown by evidence other than such act or declaration. The same rule
applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested
with the party. (Sec. 29, Rule 130)

▪ Requisites:
i. The act or declaration of a partner or agent of the party must be within the scope of his
authority;
ii. The admission was made during the existence of the partnership or agency; and
iii. The existence of the partnership or agency is proven by independent evidence other than
such act or declaration. The Articles of Incorporation or a Special Power of Attorney may
be presented for such purpose. (Suarez and De la Banda, 2000)

6. Explain the rule on Admission by silence and give an example.

▪ There is admission by silence when a party does or says nothing when he hears or observes an
act or declaration made in his presence when such 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. Such may be
given in evidence against him. (Sec. 32, Rule 130)

▪ Requisites:
i. He must have heard or observed the act or declaration of the other person;
ii. He must have had the opportunity to deny it (People v. Ranario, 49 Phil. 220);
iii. He must have understood the statement;
iv. He must have an interest to object, such that he would naturally have done so, if the
statement was not true;
v. The facts were within his knowledge; and
vi. The fact admitted or the inference to be drawn from his silence is material to the issue.
(People v. Paragsa, G.R. No. L-44060, July 20, 1978; Sec. 32, Rule 130; Regalado, 2008)

7. Explain the rule on Admission by a conspirator. Give an example.

▪ The act or declaration of a conspirator relating to the conspiracy and during its existence, may be
given in evidence against the co-conspirator after the conspiracy is shown by evidence other than
such act or declaration. (Sec. 30, Rule 130)

▪ Requisites:
i. The declaration or act be made or done during the existence of the conspiracy;
ii. The declaration or act must relate to the purpose and object of the conspiracy; and
iii. The conspiracy must be shown by evidence other than the declaration or act (evidence
aliunde). (Sec. 30, Rule 130)

8. Explain the rule on Admission by privies. Give an example.

▪ Where one derives title to property from another, the act, declaration, or omission of the latter,
while holding the title, in relation to the property, is evidence against the former. (Sec. 31, Rule
130)

▪ Requisites:
i. One (successor in interest) derives title to property from another (predecessor in interest)
through any legal means of transfer;
ii. A statement, act or declaration is made by the predecessor in interest in relation to the
property and while holding the title thereof; and
iii. Said statement, act or declaration is evidence against his successor in interest. (Sec. 31,
Rule 130; Suarez and De la Banda, 2006)

9. Explain the rule on similar acts and give an example.

GR: 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. (Sec. 34, Rule 130) This is also referred to as the
“Propensity Rule.” (2002 Bar)

XPNs: Evidence of similar or previous acts may be received to prove the following: (SKIPS-SCHUL)
i. Specific intent;
ii. Knowledge;
iii. Identity;
iv. Plan;
v. System;
vi. Scheme;
vii. Custom;
viii. Habit;
ix. Usage; and
x. The like (Ibid.)

10. What is hearsay? Explain independent relevant statement. Cite an example. What
are the exceptions to the hearsay rule?

▪ It states that a witness can testify only to those facts which he knows of based on his personal
knowledge or those which are derived from his own perception. (Sec. 36, Rule 130)

▪ These are statements which are relevant independently of whether they are true or not. They are
neither hearsay nor an exception to the hearsay rule as the purpose thereof is not to prove the
truth of the declaration or document. (Estrada v. Desierto, supra) It merely proves the fact that a
statement was made and not the truth of the fact asserted in the statement. (1999, 2005, 2009,
2010 Bar)

▪ Requisites:
i. Dying declaration (Sec. 37);
ii. Declaration against interest (Sec. 38);
iii. Act or declaration about pedigree (Sec. 39);
iv. Entries in the course of business (Sec. 43);
v. Testimony or deposition at a former proceeding (Sec. 47);
vi. Family reputation or tradition regarding pedigree (Sec. 40);
vii. Common reputation (Sec. 41);
viii. Parts of res gestae (Sec. 42);
ix. Entries in official records (Sec. 44);
x. Commercial lists and the like (Sec. 45); and
xi. Learned treatises (Sec. 46)

11. Explain the rule on dying declaration and give an example.

▪ The declaration of a dying person, made under the consciousness of an impending death, may
be received in any case wherein his death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death. (Sec. 37, Rule 130)

▪ These are ante mortem statements made by a person after the mortal wound has been inflicted
under the belief that the death is certain, stating the fact concerning the cause of and the
circumstances surrounding the attack. (Herrera, 1999)
12. Explain the rule on declaration against interest and give an example.

▪ The declaration made by a person deceased, or unable to testify, against the interest of the
declarant, if the fact is asserted in the declaration was at the time it was made so far contrary to
declarant's own interest, that a reasonable man in his position would not have made the
declaration unless he believed it to be true, may be received in evidence against himself or his
successors in interest and against third persons. (Sec. 38, Rule 130)

▪ These are ante litem motam statements made by a person who is neither a party nor in privity
with a party to the suit. Such are considered secondary evidence and admissible only when the
declarant is already dead or unavailable to testify as a witness and may be admitted against
himself or successors-in-interest and against third persons.

▪ Requisites:
i. The declarant is dead or unable to testify;
Note: The inability to testify must be serious.
ii. Declaration relates to a fact against the interest of the declarant;
iii. At the time he made said declaration, he was aware that the same was contrary to
his interest; and
iv. Declarant had no motive to falsify and believed such declaration to be true.

13. Explain the rule on act or declaration about pedigree and give an example.

▪ The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of
another person related to him by birth or marriage, may be received in evidence where it occurred
before the controversy, and the relationship between the two persons is shown by evidence other
than such act or declaration. (Sec. 39, Rule 130)

▪ Requisites:
i. The declarant is dead or unable to testify;
ii. The pedigree should be in issue;
iii. The declarant must be a relative of the person whose pedigree is in question, either by
birth or marriage;
iv. The declaration must be made ante litem motam or before the controversy occurred; and
v. The relationship between the declarant and the person whose pedigree is in question must
be shown by evidence other than such act or declaration. (Tecson v. COMELEC, G.R. No.
161434, March 3, 2004)

14. Explain the rule on common reputation and give an example.

▪ Common reputation existing previous to the controversy, respecting facts of public or general
interest more than thirty years old, or respecting marriage or
moral character, may be given in evidence. Monuments and inscriptions in public places may be
received as evidence of common reputation. (Sec. 41, Rule 130)

▪ It is the definite opinion of the community in which the fact to be proved is known or exists. It
means the general or substantially undivided reputation, as distinguished from a partial or
qualified one, although it need not be unanimous. (Regalado, 2008)

▪ Requisites:
i. The facts must be of public or general interest or respecting marriage or moral character;
ii. The common reputation must have been ancient, i.e. 30 years old;
iii. The reputation must have been one formed among a class of persons who were in a
position to have some sources of information and to contribute intelligently to the formation
of the opinion; and
iv. The common reputation must have been existing previous to the controversy.
15. Explain the rule on Family reputation or tradition and give an example.
▪ The reputation or tradition existing in a family previous to the controversy, in respect to the
pedigree of any one of its members, may be received in evidence if the witness testifying thereon
be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other
family books or charts, engravings on rings, family portraits and the like, may be received as
evidence of pedigree. (Sec. 40, Rule 130)

▪ The declarant is the witness himself and a member of the family. The witness is the one to whom
the fact relates, it is not necessary for him to establish by independent evidence his relationship
to the family.

▪ Requisites:
i. There is controversy in respect to the pedigree of any member of the family;
ii. The reputation or tradition of the pedigree of the person concerned existed previous to the
controversy;
iii. The statement is about the reputation or tradition of the family in respect to the pedigree
of any member of the family; and
iv. The witness testifying to the reputation or tradition regarding pedigree of the person
concerned must be a member of the family of said person either by consanguinity or
affinity. (Sec. 40, Rule 130)

16. Explain the rule on Part of res gestae and give an example.

▪ Statements made by a person while a startling occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances thereof, may be given in evidence as part
of res gestae. So, also, statements accompanying an equivocal act material to the issue, and
giving it a legal significance, may be received as part of the res gestae. (Sec. 42, Rule 130)

▪ As an exception to the hearsay rule, it refers to those exclamations and statements by either the
participants, victims, or spectators to a crime immediately before, during or immediately after the
commission of the crime, when the circumstances are such that the statements were made as
spontaneous reactions or utterances inspired by the excitement of the occasion, and there was
no opportunity for the declarant to deliberate and fabricate a false statement. (Capila v. People,
G.R. No. 146161, July 17, 2006)

▪ Requisites:
i. That there is a startling event or occurrence taking place;
ii. A statement was made, while the event is taking place or immediately prior to or
subsequent thereto;
iii. The statement was made before the declarant had time to contrive or devise a falsehood;
and
iv. The statement relates to the circumstances of the startling event or occurrence or that the
statements must concern the occurrence in question and its immediately attending
circumstances. (Sec. 42, Rule 130; Talidano v. Falcom Maritime & Allied Services, Inc.,
G.R. No. 172031, July 14, 2008)

17. Explain the rule on Entries in the course of business and give an example.

▪ Entries made at, or near the time of 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. (Sec. 43, Rule 130)

▪ Requisites:
i. The person who made the entry must be dead or unable to testify;
ii. The entries were made at or near the time of the transactions to which they refer;
iii. The entrant was in a position to know the facts stated in the entries;
iv. The entries were made in his professional capacity or in the performance of a duty,
whether legal, contractual, moral or religious; and
v. The entries were made in the ordinary or regular course of business or duty. (Patula v.
People, G.R. No. 164457, April 11, 2012)

18. Explain the rule on Dying Declaration and give an example.

▪ The declaration of a dying person, made under the consciousness of an impending death, may
be received in any case wherein his death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death. (Sec. 37, Rule 130)

▪ These are ante mortem statements made by a personafter the mortal wound has been inflicted
under the belief that the death is certain, stating the fact concerning the cause of and the
circumstances surrounding the attack. (Herrera, 1999)

▪ Requisites:
i. The declaration is one made by a dying person;
ii. The declaration was made by said dying person under a consciousness of his impending
death;
iii. The declaration refers to the cause and circumstances surrounding the death of the
declarant and not of anyone else;
iv. The declaration is offered in a case wherein the declarant’s death is the subject of the
inquiry (Geraldo v. People, G.R. No. 173608, November 20, 2008);
v. The declarant is competent as a witness had he survived (Ibid.);
vi. That the statement is complete in itself – “Doctrine of Completeness” (People v. De Joya,
G.R. No. 75028, November 8, 1991); and
vii. The declarant should have died (if he survives, his declaration may be admissible as part
of the res gestae). (Riano, 2016)

19. Explain the rule on Entries in official records and give an example.

▪ Entries in official records made in the performance of his duty by a public officer of the Philippines,
or by a person in the performance of a duty specially enjoined by law, are prima facie evidence
of the facts therein stated. (Sec. 44, Rule 130)

▪ Requisites:
i. Entries were made by a public officer in the performance of his duties or by a person in
the performance of a duty especially enjoined by law;
ii. Entrant had personal knowledge of the facts stated by him or such facts were acquired by
him from reports made by persons under a legal duty to submit the same; and
iii. Such entries were duly entered in a regular manner in the official records. (Ibid.)

20. Explain the rule on Commercial lists and give an example.

▪ Evidence of statements of matters of interest to persons engaged in an occupation contained in


a list, register, periodical, or other published compilation is admissible as tending to prove the
truth of any relevant matter so stated if that compilation is published for use by persons engaged
in that occupation and is generally used and relied upon by them therein. (Sec. 45, Rule 130)

▪ Requisites:
i. Statements of matters of interest to persons engaged in an occupation;
ii. Statements must be contained in a list, register, periodical, or other published compilation;
iii. Compilation is published for use by persons engaged in that occupation; and
iv. Such is generally relied upon by them.
21. Explain the rule on learned treaties and give an example.

▪ 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. (Sec. 46, Rule 130)

▪ Requisites:
i. When the court can take judicial notice of them; or
ii. When an expert witness testifies that the author of such is recognized as expert in that
profession. (Sec. 46, Rule 130)

22. Explain the rule on Testimony or deposition at a former trial and give an example.

▪ The testimony or deposition of a witness deceased or unable to testify, given in a former case or
proceeding, judicial or administrative, involving the same parties and subject matter, may be given
in evidence against the adverse party who had the opportunity to cross-examine him. (Sec. 47,
Rule 130)

▪ Requisites:
i. The witness evidence is dead or unable to testify;
ii. The testimony or deposition was given in a former case or proceeding, judicial or
administrative, between the same parties or those representing the same interests;
iii. The former case involved the same subject as that in the present case, although on
different causes of action;
iv. The issue testified to by the witness in the former trial is the same issue involved in the
present case; and
v. The adverse party had an opportunity to crossexamine the witness in the former case.
(Manliclic v. Calunan, G.R. No. 150157, January 25, 2007)

23. Is an opinion admissible as evidence? Explain the rule and give an example.
Explain the rule on opinion of an expert and give an example. Explain the rule on opinion
of an ordinary witness and give an example.

▪ As a General Rule, the opinion of a witness is not admissible. The witness must testify to facts
within their knowledge and may not state their opinion, even on their cross-examination.

▪ XPNs:
i. Opinion of expert witness - The opinion of a witness on a matter requiring special
knowledge, skill, experience or training which he shown to possess may be received in
evidence. (Sec. 49, Rule 130)
▪ Expert witness - He is one who belongs to the profession or calling to which
the subject matter of the inquiry relates and who possesses special
knowledge on questions on which he proposes special knowledge to
express an opinion. (Regalado, 2008)

ii. Opinion of ordinary witness - That which is given by a witness who is of ordinary capacity
and who has by opportunity acquired a particular knowledge which is outside the limits of
common observation and which may be of value in elucidating a matter under
consideration.
▪ The opinion of a witness for which proper basis is given, may be received
in evidence regarding:
a. The identity of a person about whom he has adequate knowledge;
b. A handwriting with which he has sufficient familiarity;
c. The mental sanity of a person with whom he is sufficiently
acquainted; and
d. The witness’ impressions of the emotion, behavior, condition or
appearance of a person. (Sec. 50, Rule 130)

24. What is character evidence? Is it admissible? Explain. Explain the rule on


character evidence in criminal case and give an example. Explain the rule on character
evidence in civil cases and give an example.

▪ Character is the aggregate of the moral qualities which belong to and distinguish an individual
person; the general result of one’s distinguishing attributes.

▪ As a general rule, character evidence is not admissible in evidence.

▪ XPNs:
i. In certain criminal cases;
ii. In civil cases; and
iii. In case the character of a witness has been previously impeached (Sec. 14, Rule 132)

▪ In CRIMINAL CASES:
a. As to the accused - He may prove his good moral character which is pertinent to the moral
trait involved in the offense charged.
b. As to the prosecution - They may not prove the bad moral character of the accused which
is pertinent to the moral trait involved in the offense charged, unless in rebuttal when the
accused opens the issue by introducing evidence of his good moral character.
c. As to the offended party - His good or bad moral character may be proved as long as it
tends to establish in any reasonable degree the probability or improbability of the offense
charged.

▪ In CIVIL CASES: The moral character of either party thereto cannot be proved unless it is
pertinent to the issue of character involved in the case. (Sec. 51, Rule 130)

25. Study the Rule on Examination of a Child witness (A.M. No. 004-07-SC) and
Explain the following:
a. Applicability of the rule - Unless otherwise provided, this Rule shall govern the examination
of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It shall
apply in all criminal proceedings and non-criminal proceedings involving child witnesses.

b. Meaning of a child witness - A "child witness" is any person who at the time of giving
testimony is below the age of eighteen (18) years. In child abuse cases, a child includes one over
eighteen (18) years but is found by the court as unable to fully take care of himself or protect
himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or
mental disability or condition.

c. Competency of a child - Every child is presumed qualified to be a witness. However, the court
shall conduct a competency examination of a child, motu proprio or on motion of a party, when it
finds that substantial doubt exists regarding the ability of the child to perceive, remember,
communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court.

d. Examination of a child witness - The examination of a child witness presented in a hearing


or any proceeding shall be done in open court. Unless the witness is incapacitated to speak, or
the question calls for a different mode of answer, the answers of the witness shall be given orally.

The party who presents a child witness or the guardian ad litem of such child witness may,
however, move the court to allow him to testify in the manner provided in this Rule.
e. Live-link TV testimony of a child witness - The court may order that the testimony of a
child be taken by live-link television if there is a likelihood that the child would suffer trauma from
testifying in the presence of the accused, his counsel or the prosecutor as the case may be.

f. Videotaped deposition of a child witness - The prosecutor, counsel, or guardian ad litem


may apply for an order that a deposition be taken of the testimony of the child and that it be
recorded and preserved on videotape. Before the guardian ad litem applies for an order under
this section, he shall consult with the prosecutor or counsel subject to the second and third
paragraphs of section 25(a).

If the court finds that the child will not be able to testify in open court at trial, it shall issue an order
that the deposition of the child be taken and preserved by videotape.

g. Hearsay exception in child abuse cases - A statement made by a child describing any act
or attempted act of child abuse, not otherwise admissible under the hearsay rule, may be admitted
in evidence in any criminal or non-criminal proceeding subject to the following rules:
i. Before such hearsay statement may be admitted, its proponent shall make known to the
adverse party the intention to offer such statement and its particulars to provide him a fair
opportunity to object. If the child is available, the court shall, upon motion of the adverse
party, require the child to be present at the presentation of the hearsay statement for cross-
examination by the adverse party. When the child is unavailable, the fact of such
circumstance must be proved by the proponent.
ii. In ruling on the admissibility of such hearsay statement, the court shall consider the time,
content and circumstances thereof which provide sufficient indicia of reliability. It shall
consider the following factors:
1) Whether there is a motive to lie;
2) The general character of the declarant child;
3) Whether more than one person heard the statement;
4) Whether the statement was spontaneous;
5) The timing of the statement and the relationship between the declarant child and
witness;
6) Cross-examination could not show the lack of knowledge of the declarant child;
7) The possibility of faulty recollection of the declarant child is remote; and
8) The circumstances surrounding the statement are such that there is no reason to
suppose the declarant child misrepresented the involvement of the accused.
iii. The child witness shall be considered unavailable under the following situations:
1) Is deceased, suffers from physical infirmity, lack of memory, mental illness, or will
be exposed to severe psychological injury; or
2) Is absent from the hearing and the proponent of his statement has been unable to
procure his attendance by process or other reasonable means.
iv. When the child witness is unavailable, his hearsay testimony shall be admitted only if
corroborated by other admissible evidence.

h. Sexual abuse shield rule


• The following evidence is not admissible in any criminal proceeding involving alleged child
sexual abuse:
1) Evidence offered to prove that the alleged victim engaged in other sexual behavior;
and
2) Evidence offered to prove the sexual predisposition of the alleged victim.
• Exception. - Evidence of specific instances of sexual behavior by the alleged victim to
prove that a person other than the accused was the source of semen, injury, or other
physical evidence shall be admissible.

• A party intending to offer such evidence must:


1) File a written motion at least fifteen (15) days before trial, specifically describing
the evidence and stating the purpose for which it is offered, unless the court, for
good cause, requires a different time for filing or permits filing during trial; and
2) Serve the motion on all parties and the guardian ad litem at least three (3) days
before the hearing of the motion.

• Before admitting such evidence, the court must conduct a hearing in chambers and afford
the child, his guardian ad litem, the parties, and their counsel a right to attend and be
heard. The motion and the record of the hearing must be sealed and remain under seal
and protected by a protective order set forth in section 31(b). The child shall not be
required to testify at the hearing in chambers except with his consent.

i. Protective orders - Any videotape or audiotape of a child that is part of the court record shall
be under a protective order that provides as follows:
i. Tapes may be viewed only by parties, their counsel, their expert witness, and the guardian
ad litem.
ii. No tape, or any portion thereof, shall be divulged by any person mentioned in sub-section
(a) to any other person, except as necessary for the trial.
iii. No person shall be granted access to the tape, its transcription or any part thereof unless
he signs a written affirmation that he has received and read a copy of the protective order;
that he submits to the jurisdiction of the court with respect to the protective order; and that
in case of violation thereof, he will be subject to the contempt power of the court.
iv. Each of the tape cassettes and transcripts thereof made available to the parties, their
counsel, and respective agents shall bear the following cautionary notice:

"This object or document and the contents thereof are subject to a protective order issued
by the court in (case title) , (case number) . They shall not be examined, inspected, read,
viewed, or copied by any person, or disclosed to any person, except as provided in the
protective order. No additional copies of the tape or any of its portion shall be made, given,
sold, or shown to any person without prior court order. Any person violating such protective
order is subject to the contempt power of the court and other penalties prescribed by law."
v. No tape shall be given, loaned, sold, or shown to any person except as ordered by the
court.
vi. Within thirty (30) days from receipt, all copies of the tape and any transcripts thereof shall
be returned to the clerk of court for safekeeping unless the period is extended by the court
on motion of a party.
vii. This protective order shall remain in full force and effect until further order of the court.

The court may, motu proprio or on motion of any party, the child, his parents, legal guardian, or the
guardian ad litem, issue additional orders to protect the privacy of the child.

26. When is an evidence offered under the Rules on Evidence.

▪ Testimonial evidence - Offer must be made at the time the witness is called to testify.
▪ Documentary and Object evidence - Must be made after the presentation of party’s testimonial
evidence, and before resting his case. (Sec. 35, Rule 132)

27. Explain the rules on objection and enumerate the grounds for objection.

▪ Objection to evidence offered orally must be made immediately after the offer is made. Objection
to a question propounded during 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 notice of the offer unless a different period is allowed by the court. In
any case, the grounds for objection must be specified. (Sec. 36, Rule 132)

▪ Grounds:
i. Irrelevant– The evidence being presented is not relevant to the issue (e.g. when the
prosecution offers as evidence the alleged offer of an insurance company to pay for the
damages suffered by the victim in a homicide case);
ii. Incompetent – The evidence is excluded by law or rules (Sec. 3, Rule 138) (e.g. evidence
obtained in violation of the Constitutional prohibition against unreasonable searches and
seizures);
iii. Specific objections– e.g. parol evidence and best evidence rule;
iv. General objections – e.g. continuing objections
a. objection to a question propounded in the course of the oral examination of the
witness; and
b. objection to an offer of evidence in writing
v. Formal – One directed against the alleged defect in the formulation of the question (e.g.
ambiguous questions, leading and misleading questions, repetitious questions, multiple
questions, argumentative questions) (Riano, 2016); and
vi. Substantive– One made and directed against the very nature of evidence (e.g. parol, not
the best evidence hearsay, privileged communication, not authenticated, opinion, res inter
alios acta).

28. Explain the rules on repetition of an objection. When should the Court make a
ruling to an objection? Explain the rules on striking out an answer to a question. Discuss
tender of excluded evidence and give an example.

▪ GR: When it becomes reasonably apparent in the course of the examination that the questions
asked are of the same class as those to which objection has been made (whether 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. (Sec. 37, Rule 132)
▪ XPNs:
i. Where the question has not been answered, it is necessary to repeat the objection when
the evidence is again offered or the question is again asked;
ii. Incompetency is shown later;
iii. Where objection refers to preliminary question, objection must be repeated when the same
question is again asked during the introduction of actual evidence;
iv. Objection to evidence was sustained but reoffered at a later stage of the trial;
v. Evidence is admitted on condition that its competency or relevancy be shown by further
evidence and the condition is not fulfilled, the objection formerly interposed must be
repeated or a motion to strike out the evidence must be made; and
vi. Where the court reserves the ruling on objection, the objecting party must request a ruling
or repeat the objection.

▪ The ruling on the objection 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. (Sec. 38, Rule 132)

▪ However, if the objection is based on two or more grounds, a ruling sustaining the objection on one or
some of the must specify the ground or grounds relied upon. (Ibid.)

▪ Modes Striking Out an Answer to a Question:


i. Objection – when the evidence is offered;
ii. Motion to strike out or expunge
a. When the witness answers prematurely before there is reasonable opportunity for the
adverse party to object, and such objection is found to
be meritorious;
b. When the answers are incompetent, irrelevant, or improper (Sec. 39, Rule 132);
c. When the witness becomes unavailable for cross-examination through no fault of the
cross-examining party;
d. When the answer is unresponsive;
e. When the testimony was allowed conditionally and the condition for its admissibility was
not fulfilled (Riano, 2016);
f. When a witness has volunteered statements in such a way that the party has not been
able to object thereto;
g. When a witness testifies without a question being addressed to him;
h. When a witness testifies beyond the ruling of the court prescribing the limits within which
he may answer (Herrera, 1999); or
i. Uncompleted testimonies where there is no opportunity for the other party to cross-
examination. (Ibid.)

▪ Tender of excluded evidence - When an attorney is not allowed by the court to present testimony which
he thinks is competent, material and necessary to prove his case, he must make an offer of proof. This
is the method properly preserving the record to the end that the question may be saved for purposes of
review. (Caraig, 2004)

29. Study Judicial Affidavit Rule (A.M. No. 12-8-8-SC) and answer the following:

a. Scope and application of the Rule - This Rule shall apply to all actions, proceedings, and
incidents requiring the reception of evidence before:

i. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial
Courts, the Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply
to small claims cases under A.M. 08-8-7-SC;
ii. The Regional Trial Courts and the Shari'a District Courts;
iii. The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a
Appellate Courts;
iv. The investigating officers and bodies authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the Philippine (IBP); and
v. The special courts and quasi-judicial bodies, whose rules of procedure are subject to
disapproval of the Supreme Court, insofar as their existing rules of procedure contravene
the provisions of this Rule

For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shall
be uniformly referred to here as the "court."

b. Contents of a Judicial Affidavit - A judicial affidavit shall be prepared in the language known
to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino,
and shall contain the following:
i. The name, age, residence or business address, and occupation of the witness;
ii. The name and address of the lawyer who conducts or supervises the examination of the
witness and the place where the examination is being held;
iii. A statement that the witness is answering the questions asked of him, fully conscious that
he does so under oath, and that he may face criminal liability for false testimony or perjury;
iv. Questions asked of the witness and his corresponding answers, consecutively numbered,
that:
1) Show the circumstances under which the witness acquired the facts upon which he
testifies;
2) Elicit from him those facts which are relevant to the issues that the case presents; and
3) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;

v. The signature of the witness over his printed name; and


vi. A jurat with the signature of the notary public who administers the oath or an officer who
is authorized by law to administer the same.
c. Application to civil actions - In civil actions, the judicial affidavit rule requires the parties to
lay their cards on the table before pretrial by submitting the judicial affidavits and documents of
the parties and their witnesses and serving copies on the adverse party at least 5 days before the
pre-trial. No further stipulations of facts are needed at the pre-trial since, by comparing the judicial
affidavits of the opposing sides, the court will already see what matters they agree and on what
matters they dispute.

d. Application to criminal actions - This rule shall apply to all criminal actions:
1) Where the maximum of the imposable penalty does not exceed six years;
2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty
involved; or
3) With respect to the civil aspect of the actions, whatever the penalties involved are.

The prosecution shall submit the judicial affidavits of its witnesses not later than five days before
the pre-trial, serving copies if the same upon the accused. The complainant or public prosecutor
shall attach to the affidavits such documentary or object evidence as he may have, marking them
as Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or object evidence shall
be admitted at the trial.

If the accused desires to be heard on his defense after receipt of the judicial affidavits of the
prosecution, he shall have the option to submit his judicial affidavit as well as those of his
witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on
the public and private prosecutor, including his documentary and object evidence previously
marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the
accused and his witnesses when they appear before the court to testify.

e. Effect of non-compliance with the Rule


i. A party who fails to submit the required judicial affidavits and exhibits on time shall be
deemed to have waived their submission. The court may, however, allow only once the
late submission of the same provided, the delay is for a valid reason, would not unduly
prejudice the opposing party, and the defaulting party pays a fine of not less than P
1,000.00 nor more than P 5,000.00 at the discretion of the court.
ii. The court shall not consider the affidavit of any witness who fails to appear at the
scheduled hearing of the case as required. Counsel who fails to appear without valid
cause despite notice shall be deemed to have waived his client's right to confront by cross-
examination the witnesses there present.
iii. The court shall not admit as evidence judicial affidavits that do not conform to the content
requirements of Section 3 and the attestation requirement of Section 4 above. The court
may, however, allow only once the subsequent submission of the compliant replacement
affidavits before the hearing or trial provided the delay is for a valid reason and would not
unduly prejudice the opposing party and provided further, that public or private counsel
responsible for their preparation and submission pays a fine of not less than P 1,000.00
nor more than P 5,000.00, at the discretion of the court.

30. Study Efficient Use of Paper Rule (A.M. No. 11-9-4-SC) and discuss the salient
features of the Rule.

▪ This rule shall apply to all courts and quasi-judicial bodies under the administrative supervision of
the Supreme Court.
▪ All pleadings, motions and similar papers intended for the court and quasi-judicial body’s
consideration and action (court-bound papers) shall written in single space with one-and-a –half
space between paragraphs, using an easily readable font style of the party’s choice, of 14-size
font, and on a 13 –inch by 8.5- inch white bond paper; and
▪ All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the
administrative supervision of the Supreme Court shall comply with these requirements. Similarly
covered are the reports submitted to the courts and transcripts of stenographic notes.
▪ The parties shall maintain the following margins on all court-bound papers: a left hand margin of
1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand margin of
1.0 inch from the edge; and a lower margin of 1.0 inch from the edge. Every page must be
consecutively numbered.

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