Lesson 3 Rules of Evidence
What is evidence?
 Evidence is a proof of allegation.
 It is a means sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a
matter of fact.
Classifications of Evidence
1. Direct evidence
 Any fact to which a witness testifies based on what he saw, heard, smell, touched or tasted
2. Indirect evidence
 Circumstantial evidence seeks to establish a conclusion by inferences from the facts proven
Circumstantial evidence is sufficient for conviction if:
 There is more than once circumstance
 The facts from which the inferences were derived are proven
 The combination of all circumstances is such as to produce conviction
beyond reasonable doubt
3. Hearsay evidence
 A statement made by a witness on the authority of another and not from his own personal
knowledge or observation.
Hearsay evidence is inadmissible EXCEPT on the following:
Section 37. Dying declaration. — 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.
Section 38. Declaration against interest. — 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.
Section 39. Act or declaration about pedigree. — 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. The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when and the places where these fast
occurred, and the names of the relatives. It embraces also facts of family history
intimately connected with pedigree.
Section 40. Family reputation or tradition regarding pedigree. — 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.
Section 41. Common reputation. — 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.
Section 42. Part of res gestae. — Statements made by a person while a starting
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.
Section 43. Entries in the course of business. — 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.
Section 44. Entries in official records. — 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.
(Source Rule 130 Rules of Admissibility)
What is scientific evidence?
 It is the means sanctioned by law, of ascertaining in a judicial proceeding the truth respecting a
matter of fact, wherein scientific knowledge is necessary.
 Scientific evidence must have such a relation to the fact in issue as to induce belief in its existence
or non-existence.
Forms of Scientific Evidence
1. Real or Autoptic Evidence
 Evidence addressed to the senses of the court
 Extends to those which are perceived by the senses
2. Testimonial Evidence
 An expert may be called on the witness stand to answer all questions propounded by both
parties in the case.
3. Documentary Evidence
 Any written evidence presented by an expert in court which is relevant to the subject matter in
dispute
 Include formal written report, expert opinion, certificates and dispositions
WITNESSES
a. Lay Witness
b.
c.
d.
e.
 Testifies about pertinent facts related to the case
 His testimony is based on personal and firsthand knowledge and life experiences
Expert Witness
 Does not need to have firsthand knowledge but must be qualified through training, specific
knowledge, and experience (e.g. handwriting experts, pathologists and doctors)
Character Witness
 One who gives testimony on behalf of another person; generally, a criminal defendant
 Testifies the accused’s ethics, morality and standing in the community
Eyewitness
 Has seen an event firsthand and is called to take the witness stand to state what he has seen.
 An eyewitness is not allowed to testify if at the time of the event, he is on state of intoxication,
hypnotic spell or legally insane.
Material Witness
 A person who is considered to possess great information powerful enough to determine the
outcomes of the case. The court will make every effort to receive the testimony and delay trial
if necessary, until the material witness is available.
Qualifications of Ordinary Witness
1. He must have the organ and power to perceive
2. Perceiving can make known his perceptions to others
3. He does not fall in any of the exception provided for by law (Rule 123, Rules of Court)
Qualifications of an Expert Witness
1. Degree of learning
2. Basis and logic of his conclusion
3. Other proof of case
Comparison between Ordinary and Expert Witness
ORDINARY WITNESS
1. Can only state what his senses perceived.
2. May not be skilled on the line he is testifying.
4. Cannot testify on things or fact he has not
perceived except those provide for by law.
EXPERT WITNESS
1. Can state what he has perceived and also
give his opinion, deductions or conclusions to
his perception.
3. Must be skilled in the art, science or trade he
is testifying.
2. Testifies on things which he has not seen by
giving his opinions, deductions or conclusions
on the statements of facts.