EVIDENCE
RIANO BOOK
BASIC PRINCIPLES
• EVIDENCE - The means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
RULE OF UNIFORMITY - Rules on evidence shall be the same in all courts and all trials and hearings
- Rules on evidence applies only to judicial proceedings
- These rules shall not be applicable to: (NICOLE)
1.
2.
3.
4.
5.
6.
Naturalization
Insolvency proceedings
Cadastral
Other cases
Land registration
Election Cases
- Administrative agencies are not bound by the technical rules on evidence
- Rules shall not apply to labor tribunals
- It shall not also apply to NLRC, Board of Medicine, Civil service commission
- The NLRC is not precluded from receiving evidence for the first time on appeal
- In Labor case, it is not necessary for an affiant to appear and testify and be cross examined
-
by the counsel for the adverse advert on his affidavit
Parole evidence should not be strictly applied in labor cases.
- There is a need to present evidence when the court has to resolve a question of fact.
NO EVIDENCE IS REQUIRED WHEN:
1. Pleadings in civil case do not tender an issue
2. Agreement of parties
3. Matters of judicial notice
4. Law presumes the truth of a fact
- Rules on Electronic evidence applies to Civil, criminal, quasi judicial and administrative cases
- Ephemeral Electronic Communication - Telephone conversation. Text messages, Chatrooms,
Streaming audio, Streaming video and other forms of communication the evidence which is
not recorded or retained.
- Now admissible
EVID IN CIVIL CASES
Preponderance of Evidence
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EVID IN CRIMINAL CASES
Proof beyond reasonable doubt
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EVID IN CIVIL CASES
EVID IN CRIMINAL CASES
An offer of compromise is not an admission of
liability and is not admissible in evidence
against the offeror
Except in Quasi offenses or those allowed by law
to be compromised, An offer of compromise may
be received in evidence as implied admission of
guilt
No presumption of innocence for or against
the party
Constitutional presumption of innocence
No admission of guilt in civil cases
Admission of guilt is applicable
Evidence of moral character of a party is
admissible as long as it is pertinent to issue of
character involved in the case
Not allowed to prove the bad moral character of
the accused even if it is pertinent to the moral trait
involved.
It can only do so in REBUTTAL
Rule on disqualification by reason of death or
insanity applies only to Civil cases or specpro
Not applied
Privileged communication on patient physician
has reference only to civil case
Rule on admission by conspirator applies only to
criminal case
Not applied
Rule on extrajudicial confession applies
- Proof is the probative effect of evidence.
- Evidence is the medium of proof
FACTUM PROBANDUM - Fact or proposition to be established
FACTUM PROBANS - Facts or material evidencing the fact or proposition to be established.
Evidentiary fact tending to prove the fact in issue
- Matters of judicial notice, conclusive presumptions and judicial admissions are not factum
probandum because there is no need to establish the same
- Factum Probandum in civil case refers to the elements of a cause of action
- Mere filing of the complaint does not give rise to a factum probandum
- When the defendant files an answer and makes no specific denial, no factum probandum
- In criminal cases, Factum probandum arises only when the accused enters a plea of not
guilty
- In every prosecution of Illegal sale of drugs, the presentation of the drugs as evidence is
material because the identity of the seized drugs should be established beyond reasonable
doubt
- Rules on evidence shall be construed liberally
- Rules on electronic evidence shall also be construed liberally
- There is no vested right in rules on evid.
- EX POST FACTO IN EVID - Alters the rules on evidence and receives less or different testimony
than that required at the time of the commission of the offense.
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- Rules on Evid may be waived. If not objected, the evidence becomes admissible because of
waiver.
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ADMISSIBILITY OF EVIDENCE
Elements of admissibility:
1. Relevant (Relevance)
2. Not excluded by the rules (Competence)
- Upon a timely objection, Oral evidence will be excluded to prove a contract of sale of a
parcel of land which does not conform with Statute of frauds.
Relevant Evidence - must have such relation to the fact in issue as to induce belief in its
existence or non existence.
- This fact in issue must be a disputed fact
- Determination of relevance is a matter of inference and not of law
Collateral Matters - connotes an absence of a direct connection between the evidence and
the matter in a dispute. It is generally not allowed.
Exceptions: It may be admitted if it has the tendency to induce belief as to the
probability or improbability of the issues of the case as when it would have the effect of
corroborating or supplementing facts previously established by direct evidence.
- Evidence on the credibility of a witness or the lack of it is always relevant.
- Every type of evidence sought to be admitted whether be an object or document, requires
the testimony of a witness.
- Cross examination also includes matters connected with those testified to in the direct
examination.
- Questions outside the subject matter of direct examination are not allowed in cross
Competent Evidence - on one that is not excluded by the rules in a particular case.
- It is a matter of rule or law
- For witnesses, Competence is the qualifications of the witness
- Objecting on the ground that it is INCOMPETENT is a general objection. It is not allowed.
- The objection shall specifically specify the incompetence such as leading or hearsay
Admissibility of evidence - refers to the question of whether or not the evidence is to be
considered at all.
Probative value of evidence - question whether or not it proves an issue.
- An evidence may be admissible but its evidentiary weight depends on judicial evaluation
- Weight pertains to its tendency to convince and persuade
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Conditional Admissibility - Relevance of the piece of evidence is not apparent at the time that it
is offered, but the relevance of which will readily be seen when connected to other pieces of
evince not yet offered.
- Prove admissibility at a later time
Curative Admissibility - allows a party to introduce inadmissible evidence to answer the
opposing party’s precious introduction of inadmissible evidence.
- If a hearsay evidence or evidence not allowed by the law was erroneously admitted despite
objection, under the principle of curative admissibility, the court should allow hearsay
evidence favorable to the defendant
Direct Evidence - proves a fact without the need to make an inference from another fact.
Circumstantial evidence or indirect evidence - that evidence which indirectly proves a fact in
issue through an inference which the fact finder draws from the evidence established.
- When finger prints were found in the crime scene - circumstantial evidence
- Conviction if possible if the established circumstances constitute an unbroken chain consistent
with each other and to the hypotheses that he accused is guilty
- Circumstantial evidence is sufficient for conviction if:
1. There is more than one circumstance
2. Facts from which the inferences are derived are proven
3. The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.
- The circumstances must be proved not assumed
- All circumstances proved must be consistent with one another and they are to be taken
together
Cumulative Evidence - evidence of the same kind and character as that already given which
tends to prove the same proposition.
Corroborative Evidence - One that is supplementary to that already given tending to strengthen
or confirm it. it is additional evince of a different character to the same point.
- Testimony of a sole witness is sufficient to support a conviction so long as it is clear,
straightforward and worthy of credence
- Corroborative evidence is necessary only when there are reasons to suspect that the witness
falsified the truth or that his observations are inaccurate.
- Corroboration shall not be required of a testimony of a child
Positive Evidence - when a witness affirms in the stand that a certain state of facts foes exists or
that a certain event happened.
Negative Evidence - when the witness states that an event did not occur to that the state of
facts alleged to exist does not actually exists.
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- Negative finding in a paraffin test is not a conclusive evidence that one has not fired a gun
because it is possible for a person to fire a gun and yet bear no traces of nitrates or gun
powder as when the culprit washes his hands or wears gloves.
- Defense of denial is viewed with disfavor for being inherently weak. It cannot prevail over the
positive and credible testimony of prosecution witnesses.
- Greater weight is given to the positive identification of the accused by the prosecution
witnesses than the accused’s denial.
- Denial as a defense can only prosper when substantiated with clear and convincing
evidence
Credibility - worthiness of belief that quality which renders a witness worthy of belief.
- If evidence was obtained through an illegal search - INADMISSIBLE
- Failure of the complainant to run away or shout for help at the very first opportunity cannot be
construed as consent to the sexual intercourse.
- Minor inconsistencies in the narration of the facts by the witness do not detract from their
essential credibility as long as their testimonies on the whole are coherent and intrinsically
believable.
FALSUS IN UNO, FALSUS IN OMNIBUS - False in one thing, false in everything.
- Seldom applied in our jurisdiction
- To completely disregard all the testimony of a witness on this ground, his testimony shall have
been false as to a material point and the witness must have a conscious and deliberate
intention to falsify a material point.
ALIBI
- Inherently weak and shall be rejected when the identity of the accused is satisfactorily and
categorically established by the eyewitnesses of the offense.
- Positive identification prevails over alibi
- Alibi may serve as a basis for acquittal if it can really be shown by clear and convincing
evidence that it was indeed physically impossible for the accused to be at the scene of the
crime at the time of its commission.
PHYSICAL IMPOSSIBILITY - Distance and facility of access between the situs criminal and the
location of the accused when the crime is committed.
- It is not physically impossible to go to Cebu if you are in QC.
- Delayed reporting by witnesses of what they know about the crime does not render their
testimonies false or incredible.
- Flight is not per se synonymous with guilt. However when flight is unexplained it is a
circumstance from which an inference of guilt may be drawn.
- Non flight does not signify innocence.
CHAPTER 2: BURDEN OF PROOF, QUANTUM OF EVIDENCE AND PRESUMPTIONS
Burden of Proof / Onus Probandi - the obligation of a party to a litigation to persuade the court
that he is entitled to relief.
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Burden of proof is the duty of a party to present evidence on the facts in issue necessary to
establish his claims or defense by the amount of evidence required by law.
BURDEN OF PROOF REQUIRED FOR VARIOUS CASES:
1. Proof Beyond Reasonable Doubt - Degree of proof that after investigation of the whole
record, produces moral certainty in an unprejudiced mind of the accused’s culpability.
2. Clear and Convincing Evidence - produces in the mind of the trier of fact a firm belief or
conviction as to allegations sought to be established.
- It is in the more than preponderance but less than proof beyond reasonable doubt.
1. Granting bail in Extradition cases
2. Once an accused in a prosecution for murder or homicide admitted his infliction of the
fatal injuries, he assumed the burden to prove by clear, satisfactory and convincing
evidence the justifying circumstance that would avoid is liability
3. Preponderance of Evidence - The evidence adduced by one side as a whole is superior to
that of the other side. - FOR CIVIL CASES
4. Substantial Evidence - The amount of relevant evidence which a reasonable mind might
accept as adequate to justify conclusion. For administrative cases, Quasi judicial bodies
Termination cases, agrarian cases, Writ of Amparo
Burden of proof is fixed by the pleadings.
- The test for determining where the burden of proof lies is to ask which party to an action or suit
will fail if he offers no evidence competent to show the facts averred as the basis for the relief
he seeks to obtain.
Burden of evidence - duty of a party to go forward with the evidence to overthrow the prima
facie evidence against him.
Equipoise Doctrine - where the evidence of the parties is evenly balanced, or there is doubt on
which side the evidence preponderates, the decision should be against the party with the
burden of proof.
- In civil cases, where the burden of proof is on the plaintiff and the evidence does not suggest
that the scale of justice should weigh in his favor, the court should render a verdict for the
defendant.
- In Criminal cases - If evenly balanced, The constitutional presumption of innocence of the
accused shall be favored.
EVIDENTIARY WEIGHT OF ELECTRONIC EVIDENCE
The court shall consider these factors:
1. Reliability of the manner in which it was generated, stored or communicated
2. Reliability of the manner in which its originator was identified
3. Integrity of the information and communication system
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4. Familiarity of the witness or person who made the entry with the communication and
information system
5. Nature and quality of information which went into the communication and information
system.
6. Other factors.
- Electronic evidence may be established by an affidavit stating facts of direct personal
knowledge of the affiant or based on authentic records.
- Affiant shall be made to affirm the contents of affidavit in open court and may be cross
examined by the adverse party
B. PRESUMPTIONS:
Presumption - an assumption of fact resulting from a rule of law which requires such fact to be
assumed from another fact or group of facts found or otherwise established in the action.
- It is also an inference of the existence or non existence of a fact which courts are permitted to
draw from proof of other facts. It is mandatory unless rebutted.
Inference: a factual conclusion that rationally be drawn from other facts.
- It need not to have a legal effect because it is not mandated by law
KINDS OF PRESUMPTIONS:
Conclusive Presumption or Irrebuttable (Presumption juris et de jure): Inferences which the law
make so preemptory that it will not allow them to be overturned by the contrary proof however
strong.
- Doctrine of Estoppel - The person making the representation cannot claim benefit from the
wrong he himself committed.
- Estoppel in Pais & Estoppel by deed
- Estoppel - An admission or representation is rendered conclusive upon the person making it
and cannot be denied or disproved as against the person relying thereon.
Disputable or Rebuttable Presumptions: May be overcome by other evidence. Satisfactory if
uncontradicted but may be contradicted and overcome by other evidence.
- Presumption of regularity does not apply in writ of amparo
- Presumption of regularity of official acts does not apply during in custody investigation
- Presumption of regularity cannot overcome by itself presumption of innocence.
EXAMPLES OF DISPUTABLE PRESUMPTIONS
1. Person is innocent of a crime or wrong
2. Unlawful act was done with unlawful intent
3. Person takes ordinary diligence of his business
4. Money paid by one to another was due to the latter
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5. Thing delivered to another belonged to the latter.
- Criminal cases are independent with administrative cases. Absolution from a criminal charge is
not a bar to an administrative prosecution or vice versa.
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CHAPTER 3: JUDICIAL NOTICE AND JUDICIAL ADMISSIONS
A. Judicial Notice
- What is known need not be proved. The court may dispense with the presentation of
evidence on judicially cognizable facts.
1. WHEN MANDATORY
- No meeting or hearing is necessary for the court to take judicial notice of such matter
because it is what it says it is.
MATTERS SUBJECT TO MANDATORY JUDICIAL NOTICE:
1. Existence and territorial extent of states
2. Political History, forms of government and symbols of nationality of states
3. Law of nations
4. Admiralty and marine courts of the world and their seals
5. Political Constitution and history of the Philippines
6. Official acts of the legislative, executive and judicial departments of the PH
7. Laws of nature
8. Measure of time
9. Geographical Divisions
- SC: Lower courts shall take judicial notice of the fact that congress and SC have both officially
recognized UP’s indefeasible title to its landholdings.
2. WHEN DISCRETIONARY
- The court may take judicial notice of matters which are of
1. public knowledge
2. Capable of unquestionable demonstration
3. Ought to be known to judges because of their judicial functions
- Judicial notice is limited to facts evidenced by public records and of general notoriety
- Judicial notice is not judicial knowledge. the mere personal knowledge of the judge is not the
judicial knowledge of the court.
- The court can take judicial notice of a fact during or after trial.
- DURING TRIAL - May announce its intention to take judicial notice of any matter. On its own
initiative or the initiative if any party
- AFTER TRIAL & BEFORE JUDGMENT - May be taken on appeal.
- Our courts cannot take judicial notice of foreign laws. They must be alleged and proved.
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Doctrine of Processual Presumption - In the absence of proof, the foreign law will be presumed
to be the same as the laws of the jurisdiction hearing the case.
- Where the foreign law is within the actual knowledge of the court, such as it is generally well
known, and none of the parties claim otherwise, the court may take judicial notice.
Judicial Notice of Municipal Ordinances
- The MTC should take judicial notice of municipal ordinances in force in the municipality which
they sit.
- The RTC should also take judicial notice of the municipal ordinances in force in the
municipalities within their jurisdiction.
- The courts are not authorized to take judicial notice of the contents of the records of other
cases even when such cases have been tried and are pending in the same court.
- CA may take judicial notice of municipal ordinances because nothing in the rules prohibits it
from taking cognizance of an ordinance which is capable of unquestionable demonstration.
- While courts may take judicial notice of its own acts and records IN THE SAME CASE, the courts
are not authorized to take judicial notice of contents of records of OTHER CASES even when
such cases have been tried or pending in the same court.
- EXCEPTIONS:
1. In the absence of any objection and with the knowledge of the opposing party, the contents
of said other case are clearly referred to by title and number in a pending action and
adopted to and read into the record of the latter.
2. When the original record of the other case or any part of it is actually withdrawn from the
archives at the court’s discretion upon the request or with the consent of the parties and
admitted as part of the record of the pending case.
- Propriety actions of the GOCC - Courts can’t take judicial notice.
- Post office practices are not covered by any go the instances under the rules and is not of
unquestionable demonstration
- The court has taken judicial notice of the practices of banks and other financial institutions.
(DISCRETIONARY)
- Court may take judicial notice of the financial condition of the government (discretionary)
- Court cannot take judicial notice of assessed value of the property
- It is a matter of judicial notice that an OFW bears a great degree of emotional strain while
making an effort to perform his work well.
- Court cannot take judicial notice of admin regulation that is not yet effective
- Court cannot take judicial notice of the age of the child.
- Judicial notice may be taken of teleconferencing as a means of making business transactions
-
but there is no judicial notice that one was conducted in a particular case.
Court has taken judicial notice of the scientific finding that drug abuse can damage mental
faculties of the user.
Notwithstanding a person’s standing in the business community, the court cannot take judicial
notice of a person’s home or office address after his departure from the government as
cabinet member.
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B. JUDICIAL ADMISSIONS
- An admission, verbal or written, made by a party in the course of the proceedings in
the same case, does not require proof. the admissions may be contradicted only by showing
that it was made through PALPABLE MISTAKE or that no such admission was made.
ELEMENTS:
1. Made by a party to the case.
2. Made in the course of the proceedings in the same case.
3. No form needed
- Admissions in pleadings and motions are judicial admissions. In order for allegations in the
complaints not to be considered as judicial admissions, SPECIFIC DENIAL must be made.
- Admissions of a non party does not fall within this definition
- If made in another proceeding, not judicial admission in the case but merely extrajudicial
admissions
- Pre trial orders are conclusive upon the parties.
- A party may make judicial admission in pleadings, during trial either verbal or written or in
other stages of judicial proceedings.
- Any question as to admissibility of text messages as evidence is rendered moot and academic
if the party raising such issue admits the authorship of the same
- Averments in the pleadings like immaterial allegations, Conclusions of law and unliquidated
damages are not deemed admissions even if a party fails to make specific denial.
- Allegations of usury shall be specifically denied or else deemed admitted.
- Admissions of the accused in pre trial in criminal case must first comply with the requirements
that it must be written and signed by the accused and counsel.
- EXCEPT: STIPULATIONS OF FACTS IN PRE TRIAL. Because it is automatically reduced in writing.
- Admissions obtained through modes of discoveries are also considered judicial admissions.
- Admissions in a superseded pleading (because of amendment) shall be considered as
extrajudicial admissions which must be proven.
- Admissions in pleadings that have been dismissed are merely extrajudicial admissions.
- If the motion to discharge an accused as state witness is denied, his sworn statement,
submitted to support the motion SHALL BE INADMISSIBLE IN EVIDENCE.
Implied admissions of actionable documents
- It must be specifically denied under oath. The genuineness and due execution will be
deemed admitted if not done under oath.
- Admissions made by a counsel are generally conclusive upon a client
- Except when negligence of clients amount to the deprivation of Due process.
- Judicial admissions cannot be contradicted by the admitted who is the party himself and binds
the person who makes the same, absent any showing that this was made through palpable
mistake
How judicial admissions may be contradicted:
1. Admission was made by palpable mistake
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2. That no admission was made
3. Contrary to law, good customs, public policy.
PALPABLE - Clear to the mind or plain to see
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CHAPTER 4: OBJECT AND DOCUMENTARY EVIDENCE
Object Evidence - Objects as evidence are those addressed to the senses of the court.
Every evidence may it be object or document NEEDS A WITNESS.
Requisites for Object Evidence:
1. Competent
2. Relevant
3. Authenticated by a competent witness
4. Formally offered
- To authenticate the object, it must be shown that it is the very one involved to prove an issue
- To authenticate an object, there must be someone who should identify the object to be at
the actual thing involved in the litigation
- Court shall not consider evidence that are not formally offered.
- Right against self incrimination cannot be invoked against object evidence because it
involves no TESTIMONIAL COMPULSION.
Demonstrative Evidence: It represents or demonstrates the real thing
- It is not the actual thing
- Deemed incorporated in the object evidence
- The thing must sufficiently and accurately represent the object it seeks to demonstrate or
represent
a. Photographs
ACCORDING TO RULES ON ELECTRONIC EVIDENCE: Photographic evidence shall be admissible if:
1. It shall be presented, displayed and shown to the court.
2. It shall be identified or authenticated by either:
1. Person who made the recording
2. Some other person competent tho testify the accuracy thereof
b. Motion pictures and recordings - A person must testify that the motion picture accurately
and faithfully represents the place or person it purports to portray.
- In tape recordings, the witness shall identify the speakers, state how he recognizes their voices
and that the recording was not taken in violation of Anti Wiretapping
- Must be authenticated by either:
- Person who made the recording
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- Some other person competent tho testify the accuracy thereof
c. Diagrams, maps or models
- It must be identified by a witness who is familiar with what the evidence depicts and
such the same same representation of what it portrays
d. Xray Pictures
e. Scientific tests, demonstrations and experiments
f. Text Messages
- To be proved by the testimony of a person who was a party to the same or has personal
knowledge of them.
Autoptic Evidence - May be exhibited to, examined or viewed by the court.
An inspection or view outside the courtroom should be made in the presence of the parties or at
least with previous notice to them.
CATEGORIES OF OBJECT EVIDENCE:
1. Unique objects - Objects that have readily identifiable marks
2. Objects made unique - Readily made identifiable
3. Non unique objects - No identifying marks
- For non unique objects, It must be established by Chain of Custody
Chain of Custody - The duly recorded authorized movements and custody of seized drugs or
controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each
stage from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to
presentation in the court for destruction
PROCESS:
1. The law requires the apprehending team to conduct a physical inventory as well as to
photograph the same done immediately and in the presence of the accused or his
representative or counsel with an elected public official and a representative of NPS or the
media who shall be required to sign.
2. Within 24 hours upon confiscation, the same shall be submitted to PDEA for examination
3. After filing of the criminal case, the court shall within 72 hours conduct an ocular inspection
of the confiscated drug and through the PDEA shall within 24 hours proceed with the
destruction of the same in the presence of the accused or his representative or counsel, a
representative from media and DOJ, Civil society groups and any elected public official.
4. Dangerous drugs board shall then issue a sworn certification as to the fact of destruction
- Testimony about every link in the chain from the moment the item was picked up to the time it
is offered to evidence
- If the forensic chemist is a public officer, he need not to testify. Chemist report is a public
document. It is admissible in evidence without further proof of its due execution.
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EXCEPTION TO NON COMPLIANCE TO CHAIN OF CUSTODY:
- Under justifiable grounds as long as the integrity and the evidentiary value of the seized items
are properly preserved by the apprehending officers.
- It shall not render the evidence as inadmissible
Links for Chain of Custody:
1. Seizure and marking of the confiscated drugs recovered
2. Turnover of illegal drug seized by the apprehending officer to the investigating officer
3. Turnover of the investigating officer to the forensic chemist
4. Turnover and submission of marked illegal drug by the forensic chemist to the court.
Marking - Placing by the apprehending officer or the poser buyer of his or her initials and
signature on the items seized.
- Failure of the authorities to immediately mark the seized drugs would cast reasonable doubt
on the authenticity of the corpus delicti.
- DNA results are admitted by the court but it is not automatic.
GUIDELINES IN ASSESSING THE PROBATIVE VALUE OF DNA EVIDENCE
1. How samples were collected
2. How they were handled
3. Possibility of contamination of the samples
4. Procedure followed in the analyzing of samples
5. Proper standards and procedures during the tests
6. Qualification of analyst who conducted the test.
- A person who has legal interest in the litigation may file an application for DNA Testing before
the appropriate court any time
- The court may motu proprio order a DNA Testing
- An order granting DNA Testing is not appealable.
- A person already been convicted under final judgment may still avail of DNA Testing provided
that:
- Biological Sample exists
- Sample is relevant to the case
- Testifying would probably result to the modification of judgment
- The the result of Post DNA is favorable to the convict, he may file a petition for writ of habeas
corpus. The court shall then conduct a hearing. If meritorious, it shall modify the judgment
- It may be filed in the court of origin or in CA or SC.
- Habeas corpus may also be filed by the prosecution
- DNA profiles are confidential in nature
- Any person who discloses shall be subject to indirect contempt
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- Paraffin tests are inconclusive and most of the time unreliable.
Lie detector test - Court rejects this because it has not yet attained scientific acceptance as
reliable and accurate means of ascertaining the truth
B. DOCUMENTARY EVIDENCE
- any other material like objects as long as it contains letters, words, numbers, figures,
symbols or other modes of written expression and offered as a proof of their contents.
- It must be offered as proof of their contents.
- If offered for some other purposes, It is merely an object evidence
ELECTRONIC DOCUMENT/ ELECTRONIC DATA MESSAGE
- Does not only refer to the information itself. Also refers to the representation of that
information.
- It shall be received, recorded, transmitted, stored, processed, retrieved or produced
electronically
- It does not require that it was initially generated or produced electronically. A written
instrument received or recorded electronically - ALLOWED
Usage of Electronic Document:
1. Establish a right
2. Extinguish an obligation
3. Prove or affirm a fact
- Whenever a rule of evidence refers to the term of writing, document, record, instrument,
memorandum or any other form of writing, such term shall be deemed to include an
electronic document.
- Rules on Electronic evidence shall be applied suppletorily to the Rules on Evidence
- The person seeking to introduce an electronic document in any legal proceeding has the
burden of proving its authenticity
MANNER OF AUTHENTICATION OF PRIVATE ELECTRONIC DOCUMENT
1. By evidence that it had been digitally signed by the person purported to have signed the
same.
2. By evidence that other appropriate security procedures or devices as may be authorized by
the SC or by law for authentication of electronic documents are applied to the document.
3. Other Evidence showing its integrity and reliability to the satisfaction of the judge.
- If Electronic document is offered simply for wha it is or for what it is claimed to be without
regard to authenticity, Such rule will not be applied
- A document electronically notarized in accordance with the rules shall be considered as
public document and proved as a notarial document under the Rules of court.
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REQUISITES OF ADMISSIBILITY OF DOCUMENTARY EVIDENCE
1. Relevant
2. Competent
3. Authenticated by competent witness
4. Formally offered
C. BEST EVIDENCE RULE (BER)
When the subject of inquiry is the CONTENTS OF A DOCUMENT, no evidence shall be admissible
other than the original document itself
EXCEPTIONS TO BEST EVIDENCE RULE
a. When the original has been lost, or destroyed, or cannot be produced in court without bad
faith on the part of the offeror.
b. When the original is in the custody or control od the party against whom the evidence is
offered and the latter fails to produce it after reasonable notice\
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 general 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.
- BER does not apply to object or testimonial evidence.
- The subject of inquiry must relate to the CONTENTS of a document.
- Where the issue is the execution of such document - NOT APPLIED
- Mere photocopies cannot prove deficiency of taxes of the tax payer.
- Best evidence rule may be waived if not raised in the trial.
Collateral Document: when the purpose of introducing the document is not to establish its terms
but to show facts that have no reference to its contents like its existence, condition, execution or
delivery. BER SHALL NOT APPLY
- So long as the original is available, no other evidence can be substituted for the original
because the original is the best evidence and not mere photocopies.
Secondary Evidence: Evidence other than the original instrument or document itself.
- Admissible if falls under any of the exceptions under BER
REQUISITES FOR ADMISSION OF SECONDARY EVIDENCE IF LOST OR DESTROYED
1. Offeror must prove the existence and execution of the original document
2. Offeror must show the cause of its unavailability such as loss or destruction of the original
3. Offeror must show that the unavailability was not due to his bad faith.
ORDER OF PREFERENCE OF SECONDARY EVIDENCE
1. Copy of original
2. Recital of the contents
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3. Testimony of witnesses.
- While marriage certificate is considered the primary evidence of a marital union, it is not
regarded as the sole and exclusive evidence of marriage. Fact of marriage may be proven as
relevant evidence other than marriage certificate.
REQUISITES FOR ADMISSION OF SECONDARY EVIDENCE WHEN ORIGINAL IS IN THE CUSTODY OF
ADVERSE PARTY:
1. Original exists
2. Such is under the custody or control of an adverse party
3. Reasonable notice to the adverse party to produce the original document.
4. Adverse party failed to produce the document
- Notice may be in a form of motion or made in open court or even via subpoena
REQUISITES FOR ADMISSION OF SECONDARY EVIDENCE WHEN THE ORIGINAL CONSISTS OF
NUMEROUS ACCOUNTS:
1. Original consists of numerous accounts or other documents
2. Cannot be examined in court without great loss of time
3. Fact sought to be established is only the general result of the whole.
- Summary itself may be admitted.
- Accountants written summary of 150,000 sales invoices
- The source documents must be shown to be original and not secondary and must be made
accessible to the opposing party
REQUISITES FOR ADMISSION OF SECONDARY EVIDENCE WHEN ORIGINAL IS A PUBLIC RECORD:
1. Certified true copy of the original issued by the public officer in custody of the public records
must be submitted
- A party who calls for the production of a document and inspects the same is not obliged to
offer it as evidence.
Original of document a. One the contents of which are subject of inquiry
b. When a document is in two or more copies executed at or about the same time, with
identical contents, all such copies are equally regraded as originals.
c. When an entry is repeated in a regular course of business, one being copied from another at
or near the time of the transaction, all the entries are likewise regarded as originals.
REQUISITES TO BE CONSIDERED ORIGINAL WHEN AN ENTRY IS REPEATED IN THE REGULAR COURSE
OF BUSINESS:
1. There must be entries made and repeated in the regular course of business
2. The entries must be made at or near the time of the transaction.
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- When a lawyer writes a pleading in two or more copies which are executed at the same time,
with identical contents, each document is regarded as the original
- Each newspaper sold in the stand is an original in itself
- Copies made with carbon paper are all regarded as original
- Original refers to original documentary evidence
Originals under Rules on electronic Evidence:
- The printout or output readable by sight or by other means provided that it is shown to reflect
the data accurately.
- It must be executed at the same time and with identical contents
- Regarded as original document under the Best Evidence rule
COPIES AS EQUIVALENT OF THE ORIGINALS:
When a document is in two or more copies executed at or about the same time with identical
contents or is a counter part produced by the same impression as the original or from the same
matrix or by mechanical or electronic re recording or by chemical reproduction or by other
equivalent techniques which accurately reproduces the original
The copies or duplicate shall not be admissible to the same extent as the original if:
a. A genuine question is raised as to the authenticity of the original
b. In the circumstances it would be unjust or inequitable to admit a copy in lieu of the original.
- Electronic data does int include facsimile transmission and cannot be considered as
electronic evidence.
D. PAROL EVIDENCE RULE (PER)
- When the terms of an agreement have been reduced to writing, it is considered as containing
all the terms agreed upon and there can be between parties and their successors in interests
no evidence of such terms other than the contents of the written agreement.
- Applies only to contracts which the parties have decided to set forth in writing
- Parole Evidence Rule will not apply when agreement is merely oral.
- When the terms of an agreement have been reduced to writing.
Parol Evidence - Extraneous evidence or evidence aliunde
- Term refers not only to oral but also to written evidence which are outside of or extraneous to
the written contract between the parties
- PER Shall be operative when the issues in the litigation are the TERMS of a written agreement.
- Parol evidence does not apply to persons who are not parties to a deed and do not base
their claim on it.
- PER forbids any addition to or contradiction of, the terms of a written agreement by testimony
or other evidence.
- Not all documents in writing triggers the application of PER. The writing must embody an
agreement.
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- Except WILLS. It does not embody any agreement but PER is applicable.
- No prescribed form for PER to apply. It may be a public or private written instrument
- It need not to be signed by the parties for PER to apply
- ONLY THE PARTIES AND THEIR SUCCESSORS IN INTERESTS ARE BOUND BY IT. Not applied to those
people who are not parties of the instrument
- A total stranger to the writing is not bound by its terms and is allowed to introduce extrinsic
or parol evidence
PAROL EVIDENCE MAY BE INTRODUCED WHEN: (needs to put in issue in the pleadings)
1. An intrinsic validity, mistake, or imperfection in the written agreement.
2. The failure of the written agreement to express the true intent and agreement of the parties
thereto.
3. Validity of the written contract
4. Existence of other terms agreed to buy parties or their successors in interest after the
execution of the written agreement.
- Unless duly pleaded, a party will be barred from offering extrinsic evidence over the objection
of the adverse party.
- Subsequent agreements are not barred by parol evidence.
- Parol evidence on subsequent agreements may be admitted.
- Existence of another agreement after the execution of the original written document may
be introduced without first complying with the requirement of putting the subsequent
agreement in issue.
Intrinsic/ Latent Ambiguity - one which is not apparent on the face of the document but which
lies in the person or thing that is the subject of the document or deed. The document is clear on
its face but the matters outside the agreement create the ambiguity
- Extrinsic /Patent ambiguity will not be admitted even if the same is put in issue in the pleading.
- Parol evidence rule may be waived.
PATENT OR EXTRINSIC AMBIGUITY - Appears in the very face of the instrument.
- Failure of the instrument to express true intention may also be caused by fraud, inequitable
conduct or accident, ignorance, lack of skill, negligence or bad faith. Not only mistake.
- One of the remedies of the parties is to ask for REFORMATION OF INSTRUMENT.
- The party may introduce parol evidence to show the real intention of the parties.
- If there is NO MEETING OF MINDS, The proper remedy is not reformation but ANNULMENT OF
THE CONTRACT.
- REFORMATION OF INSTRUMENT IS NOT AVAILABLE IN:
1. Simple donations
2. Wils
3. Real agreement is void.
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- Even if the parol evidence is admitted because of failure to invoke, such admission would not
mean that the court would give probative value to the evidence. Admissibility is not
equivalent to probative value
PAROL EVIDENCE RULE
BEST EVIDENCE RULE
Not concerned with the primacy of evidence
but presupposes that the original is available
Establishes a preference for the original document
over secondary evidence
Precludes the admission of other evidence to
prove the terms of a document other than the
contents of the document itself
Precludes the admission of secondary evidence if
the original is available
Can only be invoked by the parties to such
document and their successors in interest.
Can be invoked by any litigant to an action
whether or not the said litigant is a party to the
document involved or not
Applies to written agreements and wills
Applies to all forms of writing
AUTHENTICATION AND PROOF OF DOCUMENTS
- Evidence presented in court is not presumed authentic.
- Authentication of private document does not require a seal.
DOCUMENT - Deed, instrument or other duly authorized paper by which something is proved,
evidenced or set forth.
CLASSES OF DOCUMENTS
1. PUBLIC DOCUMENTS
1. Written official acts or records of the official acts of the sovereign authority, official
bodies and tribunal and public officers whether of the PH or of a foreign country,
2. Documents acknowledged before a notary public except last will and testament
3. Public records, kept in the PH, of private documents required by law to be entered
therein.
2. PRIVATE - All other writings are private.
- In case of a private record of a private document required by law to be entered in a public
record, the public document does not refer to the private document itself but the PUBLIC
RECORD OF THAT PRIVATE DOCUMENT.
PROOF OF PRIVATE DOCUMENT
- Its due execution and authenticity must be proved either:
1. By anyone who saw the document executed or written
2. By evidence of 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.
- There is no harm if in a case both the original and photocopy thereof are authenticated.
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WHEN AUTHENTICATION OF PRIVATE DOCUMENT NOT REQUIRED:
1. Ancient document
2. Genuineness and authenticity of an actionable document have not been specifically
denied under oath
3. When the genuineness and authenticity of the document have been admitted
4. Document is not being offered as authentic
PRIVATE ANCIENT DOCUMENT - When it is more than 30 years old and is produced from the
custody in which it would naturally be found if genuine and is unblemished by any alterations or
circumstances of suspicion.
- There is no need to prove its genuineness and due execution
HOW GENUINENESS OF HANDWRITING BE PROVED
- By anyone who:
1. He has seen the person write
2. He 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
3. By a comparison made by the witness or the court with writings admitted or treated as
genuine by the party against whom the document is offered or is proved to be genuine to
the satisfaction of the judge.
- A public document is admissible without further proof of its due execution and authenticity
- A private document requires authentication in the manner allowed by law.
- A chemistry report of a public officer showing positive result of paraffin test is a public
document.
- The person who made the report need not be presented in the court to identify, describe
and testify
- A seat plan prepared by the officers of Civil service commission is a public document
- Every instrument duly acknowledged or proved 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.
- When a public officer in the performance of his duty makes an entry in the public record, the
document of such entry is deemed prima facie evidence of fact stated in such entry.
PUBLIC RECORD OF A PRIVATE DOCUMENT MAY BE PROVED BY ANY OF THE FOLLOWING:
1. Original record
2. A copy thereof attested by the legal custodian of the record with an appropriate certificate
that such officer has the custody
3. IF NOT KEPT IN THE PH: The attestation must be accompanied with a certificate that the
officer has the custody,
- IF KEPT IN A FOREIGN COUNTRY: The certificate may be made by a secretary of the
embassy or legation, council general, consul, vice consul or consult agent or by any officer in
the foreign service of the PH stationed in the foreign country in which the record is kept.
- The attestation must be under the official seal of the attesting officer if there be any
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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 the order of a court where the inspection of the
record is essential to the just determination of the pending case.
- A notary public in a foreign country is not one of those who can issue the certificate of
authentication under the Rules of court. Non compliance with such provision will render the
SPA inadmissible in evidence.
- The argument that lack of consular authentication is a mere technicality is untenable. The
failure to have the SPA authenticated according to rules is not a mere technicality but a
question of jurisdiction.
PUBLIC RECORD OF PRIVATE DOCUMENT
- It may be proved by:
1. Original record
2. A copy thereof, attested by the legal custodian of the record with an appropriate certificate
that such officer has the custody.
PROOF OF LACK OF RECORD:
- Written statement alleging:
1. Diligent search of the record
2. Despite diligent search, No record of entry of a specified tenor is found to exist in the records.
DEFENSE IF THERE IS ALTERATION:
1. That the alteration was made by another without his concurrence
2. That the alteration was made with the consent of the parties affected by it
3. That it was properly or innocently made
4. That it did not in any way change the meaning or language of the instrument
- Failure to do any of the above will make the document inadmissible.
- If document was written in unofficial language, it must be accompanied by a translation in
english or filipino.
GROUND FOR IMPEACHMENT OF JUDICIAL RECORDS:
1. Lack of jurisdiction in the court or judicial officer
2. Collusion between parties
3. Fraud in the party offering the record
- Before a foreign judgment is given presumptive evidentiary value, The document must first be
presented and admitted in evidence. DIVORCE DECREE IS THE BEST EVIDENCE
- Such document shall be accompanied by a certificate issued by the proper diplomatic or
consular officer in the PH foreign service stationed in the foreign country in which the record
is kept and authenticated by the seal of his office.
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- Church registries are no longer public writings nor are they kept by duly authorized public
officials. They are private writings.
_____________________________________________________________________________________________
CHAPTER 5: TESTIMONIAL EVIDENCE
Testimonial or Oral Evidence (Viva voce evidence): Evidence elicited from the mouth of a
witness
- Presumption in favor of the competence of a witness.
Qualifications of a witness:
1. He can perceive
2. He can make known his perception to others
3. He must take either an oath or an affirmation
4. He must not possess any disqualification
- No court should allow the testimony of someone who desires to testify but refuses to swear or
make an affirmation.
- A person is not qualified to be a witness if he is incapable of understanding the duty to tell the
truth.
- Competence of witness is the qualification of witness to take the stand and testify.
OATH - It is where the witness signifies that he is swearing to the creator to the the truth and
nothing but the truth.
- A witness must have personal knowledge of the fact
- Witness can testify only to those facts which he knows of his personal knowledge.
ABILITY TO PERCEIVE involves:
1. Ability to remember what he has been perceived
2. Ability to communicate the remembered perception.
- Deaf mutes are not necessarily incompetent. They are still competent if they can understand
the sanctity of oath and comprehend facts that they are going to testify and communicate
such.
COMPETENCY
CREDIBILITY
A matter of law or rule
Weight and trustworthiness or reliability of the
testimony
Basic qualifications of a witness as his
capacity to perceive and communicate his
perception to others
Refers to the believability of a witness and has
nothing to do with the law or rules.
It refers to the weight and trustworthiness of the
testimony
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- Bias is not even a basis for declaring a witness incompetent to testify
- Disqualifications of witness according to rules refer to his competency and not his credibility
- Drug abuse will not render a person incompetent to testify
- They may however affect the credibility of the witness
- Findings of lower courts with respect to the credibility of the victim are conclusive.
Factors that do not affect the competency of a witness:
1. Religious Belief
2. Political Belief
3. Interest in the outcome of the case
4. Conviction of a crime unless otherwise provided by the law
- Those who have been convicted of falsification, perjury or false testimony are
disqualified to be a witness to a will or in the probate of will.
- Relationship of a witness with a party does not render him biased in criminal cases.
B. DISQUALIFICATIONS OF WITNESSES
Requisites to be disqualified by reason of mental incapacity
1. The person must be capable of intelligently making known his perception to others
2. His incapacity must exist at the time of his production for examination
Disqualification by reason of Immaturity:
- 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.
Requisites:
1. The mental maturity of the witness must render him incapable of perceiving the facts
respecting which he is examined.
2. He is incapable of relating his perception truthfully
- Every child is presumed to be a qualified witness.
- The incompetence of the witness must exist not at the time of the perception of facts but AT
THE TIME HE IS PRODUCED FOR EXAMINATION AS WITNESS.
CHILD WITNESS - Any person who at the time of giving testimony is below 18.
- In child abuse cases, A child includes one over 18 but is found BY THE COURT as unable to fully
take care of himself to protect himself from abuse, neglect, cruelty, exploitation, or
discrimination.
- When the court finds that substantial doubt exists regarding the ability of the child to perceive,
the court shall conduct a competency examination of the child. The court may do it motu
proprio or on motion of party
- The competency examination is not open to public.
- The competency examination shall only be conducted by the judge
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- It shall not be related to the issues of the trial but shall focus on the ability of the child to
perceive.
- Assessment of the competency of a child is designed to be a continuing one.
- The court may order that the testimony of the child be taken by Live link television if there is
substantial likelihood the the child would suffer trauma from testifying in the presence of the
accused.
- The trauma must be of a kind which would impair the completeness or truthfulness of the
testimony of the child.
Dead Man’s Statue or Survivorship Disqualification Rule (applies to person with unsound mind)
-Parties or assigners of party 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 such 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 unsound mind.
Applies only to civil cases and special proceedings.
Elements of Dead Man’s Statute:
1. The suit is upon a claim by the plaintiff against the estate of said deceased or person of
unsound mind.
2. The Defendant in the case is the executor or administrator or a representative of the
deceased or the person of unsound mind.
3. The witness is the plaintiff or an assignor of that party or a person whose behalf the case is
prosecuted.
4. Subject of testimony is as to any matter of fact occurring before the death of such
deceased person or before such person became of unsound mind.
- PLAINTIFF must be the person who has a claim against the estate of the decedent or the
person of unsound mind.
- DEFENDANT - The executor, administrator and other representatives of deceased person.
- The rule does not apply if the action is brought not against the estate.
- The rule does not apply where the plaintiff is the executor.
- When a counterclaim is set up by the administrator of the estate, the cases removed from the
operation of Dead Man’s statute
- The rule does NOT PROHIBIT a testimony by a mere witness to the transaction between the
plaintiff and the deceased and who has NO INTEREST IN THE TRANSACTION
- Offering of Disinterested witness is ALLOWED.
- Prohibition extends only to PARTY OR HIS ASSIGNOR OR THE PERSON IN WHOSE BEHALF THE
CASE IS PROSECUTED.
- If the event transpired after the death of the person, WITNESS MAY TESTIFY.
- If the claim is beneficial, it shall not be excluded.
- A witness who testifies on the basis of their KNOWLEDGE OF TRANSACTION, not based on their
dealings with the deceased is NOT BARRED.
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Dead Man’s Statute may be waived if:
1. Failing to object to the testimony
2. Cross examining the witnesses on the prohibited testimony
3. Offering evidence to rebut the testimony
Marital Disqualification Rule (Spousal Immunity)
- During their marriage, neither the husband nor the wife may testify for or against the other
without the consent of the affected spouse, except in civil case by one against the other, or in a
criminal case for a crime committed by one against the other or the latter’s direct descendants
or ascendants.
- Extends to testimony that is adverse or in favor.
- It also extends to Civil and Criminal cases.
- There should be a valid marriage. If annulled or nullified, it cannot be invoked.
- It cannot be applied with illicit cohabitation
- One of the spouses must be a party to the case.
- Prohibition is the one given or offered DURING THE EXISTENCE OF MARRIAGE
- When dissolved of annulled - cannot be invoked.
- If offered during the existence of valid marriage, IT DOES NOT MATTER IF THE FACTS SUBJECT OF
-
THE TESTIMONY OCCURRED OR CAME TO THE KNOWLEDGE OF WITNESS SPOUSE BEFORE THE
MARRIAGE.
The testimony is prohibited only over the objection of the affected spouse.
- May be waived expressly or impliedly.
Exceptions:
1. In a civil case by one against the other
2. In a criminal case for a crime committed by one against the other or the latter’s direct
descendants or ascendants.
- Crimes committed against the collateral relatives are not included. Uncles, Aunties, cousins or
nephews
- Wife filed a civil case against the father of his husband. HUSBAND IS BARRED FROM TESTIFYING
- When the husband is co accused with others, The Wife may testify against all other co
accused but her testimony in reference to her husband shall be disregarded when properly
objected.
- Estranged spouses can testify against one another because there is no more harmony, love,
peace and tranquility to be preserved.
Marital Privileged Communication
Husband and wife during or after the marriage cannot be examined without the consent of the
other as to ANY COMMUNICATION RECEIVED IN CONFIDENCE by on from the other DURING THE
MARRIAGE 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 latter’s direct descendants or ascendants.
- The privilege should only apply to ONE ANOTHER (spouses only) not to third persons
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REQUISITES FOR MARITAL PRIVILEGED COMMUNICATION
1. Valid Marriage
2. Communication received in confidence by one from another
3. Received during marriage
- Information acquired by spouses before the marriage even when received confidentially will
not fall under such provision.
- Communication uttered before the marriage is not included in the privilege.
- If such communication was received from third party, NOT PRIVILEGED.
- Dying declaration is not confidential communication
- It may be waived by failure to object timely to its presentation
- Communications uttered in the presence of a third party are not deemed confidential even
when made during the marriage.
MARITAL DISQUALIFICATION RULE
Does not refer to confidential communication
MARITAL PRIVILEGED COMMUNICATION
Confidential communication received by one
spouse from the other during marriage
Does not include acts merely observed by the
spouse unless such acts are intended as a means
of conveying confidential communication by one
to the other.
Includes facts, occurrences or information
EVEN PRIOR to the marriage
Confidential information received DURING
marriage.
Can no longer be invoked once the marriage is
dissolved.
Spouse affected by the disclosure may object
even after the dissolution of marriage.
Spouse for or against whom the testimony is
offered is a PARTY TO THE ACTION
Regardless of whether or not a party to the action
Attorney Client Privilege
- An attorney cannot without the consent of the client be examined as to ANY
COMMUNICATION MADE BY THE CLIENT TO HIM or his advice given thereon in the course of or
wit a view to professional employment nor can an attorney’s secretary, stenographer or clerk
be examined without the consent of the client and his employer concerning any fact the
knowledge of which has been acquired in such capacity.
Requisites:
1. There must be a communication made by the client to the attorney or an advice given by
the attorney to his client.
2. The communication or advice must be given in confidence
3. The communication or advice must be given either in the course of professional employment
or with a view to professional employment.
- Perfected attorney - client relationship is not required. It is enough that the communication or
advice be with a view to professional employment
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- Even if the counsel refuses the professional relationship, the rule still applies.
- The communication may refer to anticipated litigations or may not refer to any litigation at all.
- Communication may be oral or written. It extends to other forms or conduct like physical
demonstration as long as they are intended to be confidential.
- Even if received via fax, text message or other electronic means, still confidential
EXCEPTION:
1. Purpose is the furtherance of a future intended crime or fraud
2. Committing a crime or fraud
3. Illicit activity
- If Employees of lawyer - CONSENT OF CLIENT AND LAWYER MUST BE GIVEN
Physician - Patient Privilege
- A person authorized to practice medicine, surgery or obstetrics cannot IN A CIVIL CASE
without the 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 which
would blacken the reputation of the patient.
- Applies only to civil cases whether the patient is a party or not.
- Patient is the holder of the privilege
Things cannot be disclosed:
1. Any advice given to the client
2. Any treatment given to the client
3. Any information acquired in attending such patient provided that the advice, treatment or
information was made or acquired in a professional capacity and was necessary to enable
him to act in that capacity.
4. Information sought to be disclosed would tend to BLACKEN the reputation of the patient.
- The relationship is not required to be a result of contractual relationship.
- Even quasi contractual relationship where the patient is so ill
- Privilege does not apply to shield the commission of a crime or when the purpose is an
unlawful one or to escape apprehension.
- Privilege survives the death of the patient.
- It may be waived by the patient impliedly or express
- Disclosure of the patient is an implied waiver.
- When the patient answers questions on cross examination - waiver
Priest/Minister-Penitent Privilege
A minister cannot without the consent of the person making the confession be examined as to
any confession made to or any advice given by him in his professional character in the course of
discipline enjoined by the church to which the priest or minister priest belongs.
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- Person making the confession holds the privilege
- Must be pursuant to confessions of sins.
- The minister must be duly ordained by his sect
- Business arrangements with the priest is not within the scope of the privilege.
Privilege communications to public officers:
A public officer cannot be examined during his term of office or afterwards as to
communications made to him in official confidence when the court finds that the public interest
would suffer by the disclosure
- It is dependent on the discretion of court.
- It may be invoked even after the term of the PO.
- National security and state secrets are confidential. Courts will most likely uphold the privilege.
Presidential communications Privilege
The power of the government to withhold information from the public, the courts and the
congress.
IT INVOLVES STATE SECRETS REGARDING:
1. Military
2. Diplomatic affairs
3. Other national security matters
GR: Right to information on matters of public concern and guarantees access to official records,
documents and papers pertaining to official acts.
- The right to information does not also extend to presidential conversations, correspondences
and discussions in closed door cabinet meetings.
- JPEPA ISSUE: The information on intergovernmental exchanges prior to the conclusion of
-
treaties and executive agreements may be subject to reasonable safeguards for the sake of
national interest.
- The Final test of JPEPA is not confidential.
Information on ongoing negotiations before a final contact does not cover recognized
exceptions like privileged information, military and diplomatic secrets and similar matters
affecting national security.
For a claim of executive privilege to be invoked, there must be a formal claim of the privilege,
lodged by the head of the department which has control of the matter and that a formal and
proper claim of the privilege requires a precise and certain reason for preserving
confidentiality.
- The congress must not inquire the executive to state the reasons with particularity.
- The confidential character of a privilege communication is not lost solely on the ground that it
is in the form of electronic document.
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Parental Privilege Rule
- A parent or filial cannot be compelled to testify against his child or other DIRECT descendants
or ascendants.
FILIAL PRIVILEGE
- A child may not be compelled to testify against his parents or other direct ascendants.
- THEY MAY TESTIFY VOLUNTARILY. But they cannot be compelled to do so.
- Applies both to criminal and civil
EXCEPTION TO SUCH PRIVILEGE: (DESCENDANT MAY BE COMPELLED TO TESTIFY)
1. When testimony is indispensable in a crime committed against said descendant
2. In a crime committed by one parent against the other.
OTHER PRIVILEGES:
1. Editors may not be compelled to disclose the source of published news
2. Voters to disclose for whom they voted
3. Trade Secrets
4. Information contained in tax census
5. Bank deposits
6. AMLA
7. Information and statements made at conciliation proceedings.
C. EXAMINATION OF WITNESS
- Done in open court and shall be given orally except when the question calls for a different
mode and under oath or affirmation
- Exceptions
- In summary procedure - Affidavits of parties shall constitute direct testimonies.
- Depositions
- Judicial affidavit rule- Affidavit shall take the place of direct testimonies of witnesses.
OATH - Outward pledge made under immediate sense or responsibility to God or a solemn
appeal to the supreme being in attestation of truth of some statement.
AFFIRMATION - Substitute for an oath. A solemn and formal declaration that the witness will tell
the truth.
- Transcript prepared and certified shall be deemed prima facie a correct statement of such
proceeding.
- A witness has an obligation to answer questions although his answer may tend to establish a
claim against him
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RIGHTS OF WITNESSES:
1. Not to give an answer which will tend to subject him to a penalty
2. To be protected from irrelevant, improper, insulting questions
3. Not to be examined except on matters pertinent to issue
4. Not to be detained longer than the interest of justice requires
5. Not to give an answer which will tend to degrade his reputation
- A witness admitted into the witness protection program cannot refuse to testify or give
evidence or produce books, documents, records or writings necessary for the prosecution of
the offense or offenses for which he has been admitted on the ground of the right against self
incrimination.
MUST ANSWER EVEN IF IT TENDS TO DEGRADE REPUTATION IF:
1. It is the very fact in issue
2. Refers to a a fact from which the fact in issue would be presumed.
- A witness MUST ANSWER to the fact of his previous final conviction for an offense.
CHILD WITNESS ALREADY TESTIFYING (VIA LIVE LINK TELEVISION)
- Court may exclude public and persons who do not have direct interest in the case.
- Court may motu proprio exclude the public from courtroom if evidence to be produced
during the trial is offensive to the decency or public morals.
- Court may also on the motion of the accused exclude the public from trial except court
personnel and counsel of the parties.
- If child does not understand english of filipino, court will appoint interpreter.
- Being another witness or a member of the family of a child is not a disqualification
- If interpreter is also a witness, he shall testify ahead of the child.
- If the court determines that the child is unable to understand, the court may motu proprio or
upon motion appoint a FACILITATOR - who may be a child psychologist, psychiatrist, social
worker, guidance counsellor, teacher, religious leader, parent or relative.
- A child has the right to be accompanied by one or two persons of his own choosing to
provide him with emotional support
- One of the persons may even accompany the child and hold the hands of the child.
- Support person may be another witness. He must testify ahead
- Testimony if the child may be taken outside the courtroom and be televised by live link
television. Application must be made by the prosecutor, counsel or guardian ad litem at least
5 days before the trial date.
- The trauma shall be that kind that would impair the completeness or truthfulness of the
testimony.
- Records regarding a child shall be kept confidential and under seal
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- Where a youthful offender has been charged before any city or provincial prosecutor or any
municipal judge, and charges have been dropped, all the records of the case shall be
considered as privileged and may not be disclosed directly or indirectly by anyone for any
purpose or whatsoever.
- If he is charged and was acquitted or dismissed, the records are also privileged.
- The youthful offender who fails to acknowledge the case against him or to recite any fact
related thereto in response to an inquiry made to him for any purpose shall not be held under
any provision of law to be guilty of perjury or concealment or representation.
KINDS OF EXAMINATION
1. Direct examination - Examination in chief of a witness by the party presenting him on the
facts relevant to the issue.
- This is now subject to judicial affidavit rule.
2. Cross examination - Examination by the adverse party
- Not confined with the matters stated in the direct examination
- Where a witness is declared Hostile or unwilling, he may be cross examined only as to the
subject matter of his examination in chief.
3. Re-Direct Examination - Reexamine the witness to explain or supplement his answers given
during the cross examination.
- Subject to court’s discretion, Counsel may be allowed to ask questions on matters non
touched in cross examination.
4. Recross examination
- If a witness dies before his cross examination, his testimony on the direct may be stricken out
only with respect to those not covered by cross examination.
- If the witness was not cross examined because of the fault of the adverse party, cross
examiner is deemed to have waived the right to cross examine the witness.
RECALLING A WITNESS - When a witness has been examined by both sides, he cannot be
recalled without leave of court
LEADING QUESTION - One that is framed in such a way that the question indicates to the witness
the answer desired by the party asking the question.
- Question which suggests to the witness the answer which the examining party desires.
- LQ is not appropriate in Direct or redirect.
- LQ is allowed in cross or recross
LEADING QUESTIONS ALLOWED WHEN:
1. On Preliminary matters
2. Witness is ignorant, child or feeble minded
3. Hostile witness
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EVIDENCE
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4. Witness is an adverse party or an officer, director, or managing agent, partnership or
association which is an adverse party.
- Leading questions to a child witness are allowed in all staged of examination
MISLEADING QUESTION - is one which assumes as true a fact not yet testified to by the witness or
contrary to that which he has previously stated.
- it is not allowed.
D. IMPEACHMENT OF A WITNESS
- A technique employed usually as part of the cross examination to discredit a witness by
attacking his credibility.
- Impeachment of a witness is done by the party against whom the witness is called.
- The party producing the witness is barred from impeaching his own witness.
- Exception: Unwilling or hostile witness and when witness is an adverse party or an officer,
director, or managing agent, partnership or association which is an adverse party.
- Evidence of good character of witness is allowed ONLY to rebut the evidence offered to
impeach the witness’s character.
HOW TO IMPEACH WITNESS:
1. Contradictory evidence
2. Evidence that his general reputation for truth, honesty or integrity is bad.
3. By evidence that he has made at other times statements inconsistent with his present
testimony.
- A witness cannot be impeached by evidence of particular wrongful act except evidence of
his conviction of an offense as disclosed by his examination or the record of judgment.
- An unwilling or hostile witness so declared by the court or the adverse party cannot be
impeached by evidence of bad character.
PRIOR INCONSISTENT STATEMENTS - Statements made by a witness on an earlier occasion which
contradict the statements he later made during the trial.
REQUISITES TO IMPEACH BY MEANS OF PRIOR INCONSISTENT STATEMENTS:
1. Alleged statements must be related to the witness including the circumstances of the times
and places and the persons present. If the statements are in writing, it must be shown to him
2. He must be asked whether he made such statements and also to explain them if he admits
making those statements.
- Mere presentation of prior declarations of witness without having been read to him while
testifying in court is insufficient. He must be given ample opportunity to explain supposed
discrepancy
- If not complied - IMPROPER IMPEACHMENT
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- EVIDENCE OF BAD REPUTATION SHALL ONLY REFER TO THE FOLLOWING SPECIFIC ASPECTS:
1. For truth
2. For honesty
3. For integrity
- He cannot be impeached by means of bad reputation on other grounds.
- Being troublesome and abrasive - improper impeachment
- No impeachment on the ground of BAD CHARACTER. Only on the ground of BAD REPUTATION.
- A witness is presumed to be truthful and of good character.
- Evidence of good character of a witness is not admissible UNTIL SUCH CHARACTER HAS
BEEN IMPEACHED.
- APPLIES ONLY TO MERE WITNESS
- In Criminal case, The accused may prove his good moral character relevant to the offense
charged even before his character is attacked
- However, the prosecution cannot initiate the proof of bad character of the accused. It can
only do so by rebuttal.
- The judge may exclude and separate the witnesses to be prevented from conversing from
one another until examined.
- During his testimony, a witness may refer to a memorandum or anything written or recorded
by himself or written or recorded by someone acting under his direction to refresh his memory.
- Such memorandum shall be written at the time the fact occurred or immediately thereafter
or at any time when the event or fact was fresh in his memory
- Memorandum mist be produced and may be inspected by the adverse party.
- A witness may testify from the memorandum, writing or record, although he has no more
recollection of the facts written therein as long as he swears that the memorandum, writing or
record correctly stated the fact or transaction when recording was made.
_____________________________________________________________________________________________
E. RULE 130
Admissions, Confessions, and the Res Inter Alios Acta Rule:
- Act, declaration or omission of a party as to a relevant fact may be given in evidence against
him
OFFER OF COMPROMISE:
1. Civil case - Not an admission of any liability and is not admissible in evidence against the
offeror.
2. Criminal case - May be received in evidence as an implied admission of guilt EXCEPT those
involving quasi offenses (criminal negligence) or those allowed by law to be compromised.
- Offer of marriage to the rape victim is an implied admission of his guilt.
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- A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense is
not admissible in evidence against the accused who made the plea or offer.
- GOOD SAMARITAN RULE: An offer to pay or payment of medical, hospital or other expenses
occasioned by an injury is not admissible in evidence as proof of civil or criminal liability
- The rights of a party cannot be prejudiced by an act, declaration or omission of another
except as provided by law.
- Act, Declaration of a partner or agent 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.
- It also applies with joint owner, joint debtor or other person jointly interested.
- 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
- Where on 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
- An 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 the actual
production and tender of money, instrument or property
ADMISSION - act, declaration or omission of a party as to a relevant fact.
CONFESSION - an acknowledgement of guilt of the offense charged or of any offense
necessarily included therein. It cannot be implied.
- Allegation of self defense - only admission. Not confession
CLASSIFICATION OF ADMISSION
1. Express - positive statement or act
2. Implied - inferred from the declarations of acts of person
3. Judicial - made in the course of judicial proceeding
4. Extrajudicial - made out of court.
5. Adoptive - person manifests his assent to the statement of another person
DOCTRINE OF ADOPTIVE ADMISSION - Party’s reaction to the statement or action by another
person when it is reasonable to treat the party’s reaction as an admission of something stated or
implied by other person.
INSTANCES WHERE THERE IS ADOPTIVE ADMISSION:
1. Expressly agrees to or concurs in an oral statement of another
2. Hears a statement and later on essentially repeats it
3. Utters an acceptance
4. Replies by way of rebuttal to some specific points raised by another but ignores further points
which he heard
5. Reads and subsequently signs a written statement
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EVIDENCE
RIANO BOOK
- Silence of ERAP on the suggestion to have a dignified exit or resignation - ADOPTIVE
ADMISSION of resignation from office
- It is too late to raise his objections in an omnibus motion
- Mere extrajudicial confession is not sufficient for conviction. It must be corroborated by
evidence of corpus delicti
- Judicial confession may support conviction without corpus delicti
CORPUS DELICTI - Body of the crime or offense.
- Actual commission of the crime and someone criminally responsible therefor
- FACT OF THE COMMISSION OF A CRIME
REQUISITES:
1. Proof of occurrence of a certain event
2. Some person’s criminal responsibility of the act.
- Corpus delicti in drugs cases - narcotics itself
- Element of death in the corpus delicti may be proven by circumstantial evidence
- The body of the victim is not the corpus delicti itself.
- Extrajudicial confession of a person arrested, detained or under custodial investigation
- Confession must be in writing and signed by such person in the presence of his counsel or in
the latter’s absence, upon a valid waiver, and in the presence of any of the parents, older
bro and sis, spouse, municipal mayor, municipal judge, district school supervisor, priest, or
minister.
- When a person talks to the mayor as a confidant and not as a law enforcement officer, the
uncounselled confession did not violate constitutional rights.
- Constitutional procedures on custodial investigation do not apply to spontaneous statements
not elicited through questioning by authorities but merely given in an ordinary manner.
ADMISSION BY SILENCE
- An act, declaration made in the presence and within the hearing or observation of a party
who does or says nothing when the 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, may be given in
evidence against him
- Applies in criminal or civil case
- Silence under investigation is not admission by silence because of the constitutional right to be
silent.
REQUISITES FOR ADMISSION BY SILENCE
1. He heard and understood the statement
2. He was at liberty to make a denial
3. Statement affects his rights or in which he was interested and which naturally calls for a
response.
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4. Facts are within his knowledge
5. Fact is material to the issue
RES INTER ALIOS ACTA
Things done between strangers ought not to injure those who are not parties to them
BRANCHES OF RES INTER ALIOS ACTA RULE:
1. The rights of a party cannot be prejudiced by the act, declaration, or omission of another
2. Evidence of previous conduct of similar acts at one time is not admissible to prove that one
did or did not do the same act at another time.
- It may be received to prove specific intent, knowledge, identity, plan, system, scheme,
habit, custom or usage
- Such applies only to extrajudicial confessions. Because in Judicial confessions, a witness
implicating persons are admissible as declarations from one who has personal knowledge of
the facts testified.
- If extrajudicial confession is repeated in court, it may not be admissible against the other
parties.
EXCEPTION TO FIRST BRANCH
1. Admission by a co partner or agent
- Unless agent acts on his own name
2. Admission by a co conspirator
3. Admission by privies
REQUISITES FOR ADMISSION OF CO PARTNER
1. Done within the scope of his authority
2. Made or done during the existence of partnership or agency
3. Existence of partnership
- Declaration before and after the partnership shall not bind the principal
ADMISSIONS BY CO CONSPIRATOR
Once conspiracy is proven, the act of one is the act of all.
- Statements may be admitted against the co conspirators
REQUISITES:
1. Declaration or act be made or done during the existence of conspiracy
2. Declaration of act must relate to the conspiracy
3. Conspiracy must be shown by evidence other than the declaration or act
- Arrest of the declarant is often found to terminate the declarant’s participation in the
conspiracy
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EVIDENCE
RIANO BOOK
- Rule only applies to extrajudicial confessions
ADMISSION BY PRIVIES
PRIVIES - persons who are partakers or have an interest in any action or thing or any relation to
another
EX: Lessor, grantor, assignor, executor, heirs, etc.
REQUISITES:
1. There must be an act, declaration or omission by a predecessor in interest
2. Act, declaration or omission of the predecessor must have occurred WHILE he was holding
the title or property
3. Act, declaration or omission must be in relation to the property
- Evidence of subsequent measures is not admissible to prove negligence
EVIDENCE OF SIMILAR CONDUCT
- Law will not consider as evidence that a person has done a certain act at a particular time as
probative of a contention that he has done a similar act at another time.
- Evidence of previous conduct of similar acts at one time is not admissible to prove that one did
or did not do the same act at another time.
PROPENSITY EVIDENCE - Evidence which tends to show that what a person has done at one time
is probative of the contention that he has done a similar act at another time
- LAW PROHIBITS SUCH
EVIDENCE OF SIMILAR ACTS IS ADMISSIBLE FOR THE PURPOSES OF:
- It may be received to prove specific intent, knowledge, identity, plan, system, scheme,
habit, custom or usage
- It may be relevant in actions based on fraud or deceit
- Evidence of similar acts or wrongs preciously committed by the accused are admissible to
show that the offense for which he is currently charged and his prior similar acts show the
signature of the accused because of identical MODUS OPERANDI.
JUDICIAL AFFIDAVIT RULE (JAR)
- Judicial affidavit shall take the place of the direct testimonies of witnesses.
- The original document or object evidence need not be attached to the judicial affidavit. The
party may keep the same in his possession after the exhibit has been identified, marked and
authenticated.
- The party is required to bring the original document or object evidence for comparison with
the attached copy, reproduction or pictures during the Preliminary conference. In case of
failure to bring the originals for comparison, the attached copy shall not be admitted.
SCOPE:
- Rule shall apply to all actions, proceedings, incidents requiring the reception of evidence.
APPLIES TO ALL COURTS EXCEPT SC
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EVIDENCE
RIANO BOOK
- It also applies to certain non judicial bodies.
JUDAFF RULE APPLIES TO:
1. MTC, Sharia Circuit courts BUT NOT TO SMALL CLAIMS CASES.
2. RTC, Sharia District Court
3. Sandiganbayan, CTA, CA, Sharia Appellate court,
4. Special courts and quasi judicial bodies whose rules of procedure are subject to disapproval
of SC
- JAR applies to criminal cases.
- IF PENALTY IMPOSABLE DOES NOT EXCEED 6 YEARS: JAR Applies
- IF EXCEEDING 6 YEARS: Depends on the accused.
- If accused agrees to use JAR, It shall apply regardless of penalty
- In Civil case: Shall apply irrespective of penalty involved. (Arising from the criminal offense)
- JA shall be in the language known by the witness. If not in english or tagalog, It shall be
accompanied by translation
CONTENT REQUIREMENT:
- There must be a statement in the affidavit 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.
- It shall contain the name and the address of lawyer. Examination of witness shall be
conducted and supervised by lawyer
- It shall indicate the place where the examination is being held
- JA shall be signed by the witness over his printed name.
- JA shall contain a jurat with the signature of the notary public who administers oath or officer
who is authorized to administer the same
- JA which does not conform with the content requirement shall not be admitted by the court
as evidence.
- Replacement may be submitted as long as it is submitted before hearing or trial
REPLACEMENT OF JUDICIAL AFFIDAVIT REQUISITES:
1. Allowed only once
2. Delay if for valid reason
3. Delay would not unduly prejudice the opposing party
4. Counsel pays a fine of not less than 1k but not more than 5k at the discretion of court
FILING AND SERVICE
- It shall be filed by the parties with the court
- Served on the adverse party not later than 5 days before the pre trial or preliminary
conference or scheduled hearing
- Filing can be done personally or through licensed courier service
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EVIDENCE
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- In criminal cases, no further judicial affidavit or object evidence shall be admitted at the trial.
- Even before the trial, The prosecution has to lay down on the table all its evidence and
testimonial, documentary and object evidence.
- Accused may submit judicial affidavit within 10 days from the receipt of the affidavit of the
prosecution.
- A party who fails to submit the required judicial affidavits on time shall be deemed to have
waived their submission.
- In effect, Party shall be deemed not to have submitted direct testimony. The party is
deemed to have not presented his evidence in chief for his case.
- REMEDY: Move that the late submission of the judicial affidavit and its exhibits be allowed.
REQUISITES FOR LATE SUBMISSION:
1. Allowed only once
2. Valid reason
3. Will not unduly prejudice the opposing party
4. Fine of not less than 1k and not more than 5k.
- The party offering JA shall present such affidavit and state the purpose of the testimony
contained therein at the start of the presentation of witnesses.
- The adverse party may move to disqualify the witness, strike out the affidavit, strike out any of
the answers found in the judicial affidavit on the ground of inadmissibility
- Court shall promptly rule on the said motion
- Submission of the Judaff of the witness does not exempt the witness from appearing at the
scheduled hearing. Rule still requires appearance
- The court shall not consider the affidavit of any witness who does not appear in the
scheduled hearing.
- A counsel who fails to appear without a valid cause despite notice shall be deemed to
have waived his client’s right to confront by cross examination
- A requesting party may avail himself of the issuance of subpeona ad testificandum or duces
cecum if a witness unjustifiably declines to:
1. Execute judicial affidavit
2. Refuses without just cause to make relevant books under his control
- Witness required in this court is a government employee or official or a requested witness who
is neither witness of the adverse party nor a hostile witness.
- Documentary and object evidence shall be offered after the presentation of party’s
testimonial evidence
HEARSAY EVIDENCE
A witness can testify only to those facts which he knows of his personal knowledge.
PERSONAL KNOWLEDGE: Derived from his own perception.
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EVIDENCE
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- Hearsay may be oral or written testimony
- Person who makes a private survey report shall be presented in court.
- Affidavit is hearsay where its affiant or maker did not take the witness stand.
- Notarized documents shall be considered hearsay unless the affiants themselves are placed in
the witness stand
- Ban on hearsay does not include statements which are relevant independently of whether
they are true or not like statements of a person to show among others his state of mind, mental
condition, knowledge, belief, intention, ill will and other emotions.
FIRST HAND KNOWLEDGE RULE - A witness is qualified to testify to a fact susceptible of observation
only if it appears that it had a reasonable opportunity to observe the fact.
HEARSAY - A statement other than the one made by the declarant while testifying at the trial or
hearing offered in evidence to prove the truth of the matter asserted.
- An out of court statement offered for the truth of the matter asserted
REQUISITES OF HEARSAY:
1. Out of court statement
2. Such statement was repeated and offered by witness TO PROVE THE TRUTH of the matters
asserted by the statement
- The purpose is to establish the truth of the fact asserted in the statement
- Where a statement is not offered for the truth of the matter asserted but is offered for an
evidentiary purpose, not dependent on the truth of the matters asserted - NON HEARSAY
- A party merely presented an advertisement to prove the price of a roundtrip ticket - HEARSAY.
EXAMPLES OF NON HEARSAY EVIDENCE
- If the purpose is by virtue of the fact that it was uttered or a statement was made
- Statements relating to the state of mind of the person who uttered
- Statements relating to the state of mind of the listener
INDEPENDENTLY RELEVANT STATEMENT
- Admissible statements for some relevant reason INDEPENDENT of the truth or falsity.
- NOT HEARSAY
- Newspaper accounts of an incident are hearsay if offered to prove the truth of the accounts
- But are not hearsay if offered for the purpose other than the truth of the matter asserted.
- Newspaper is only admissible to prove that there was a publication and merely the tenor of
the news but not as to the truth.
CLASSIFICATIONS OF INDEPENDENTLY RELEVANT STATEMENTS:
1. Statements which are the very facts in issue
2. Statements which are circumstantial evidence of the fact in issue
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EVIDENCE
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Statements which are circumstantial evidence of the fact in issue
1. Statements of a person showing his state of mind: mental condition, knowledge, belief,
intention, ill will and other emotions
2. Showing the physical condition
3. State of mind of another
4. Identify the date, place and person in question.
5. Showing lack of credibility
EXCEPTIONS TO HEARSAY RULE:
1. Dying declarations
2. Declaration against interest
3. Act or declaration about pedigree
4. 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 and the like
10. Testimony or deposition at a former proceeding
- THEY ARE STILL HEARSAY but they are admissible.
DYING DECLARATIONS
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.
- It may be introduced in any case. Civil or criminal where the subject of inquiry is the death of
the declarant HIMSELF.
- The declarant must be conscious that death is near and certain and that death is near at
hand. IT MUST BE IMPENDING
- There is nothing in the rules prohibiting the admission of dying declaration that is favorable to
the accused.
- Matters uttered apart from the reason of death of the declarant are not part of this
circumstance. It is not admissible
REQUISITES:
1. Declaration concerns the cause and the surrounding circumstances of the declarant’s
death
2. Made when death appears to be imminent and the declarant is under a consciousness of
an impending death
3. Declarant would have been competent to testify had he or she survived.
4. Dying declaration is offered in a case in which the subject of inquiry involves the
DECLARANT’S DEATH.
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EVIDENCE
RIANO BOOK
- If utterances cannot be considered as dying declaration, it may be considered as part of the
res gestae
- Competence of the declarant is affected where the declarant had no opportunity to see the
assailant.
- Where the declarant is publicly known to be untruthful in his words and conduct, the credibility
of his declaration at the point of death may adversely be affected and he does not, by a
sudden twist of circumstance, become immaculate because of his having made a dying
declaration.
PARTS OF RES GESTAE
RES GESTAE - Statements made by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto with respect to the circumstances thereof. IT IS
ADMISSIBLE IN EVIDENCE.
Those circumstances which are the undesigned incidents of a particular litigated act and which
are admissible when illustrative of such act.
- Circumstances, facts and declarations that grow out of the main fact and serve to illustrate its
character and are so spontaneous and contemporaneous with the main fact as to exclude
the idea of deliberation and fabrication.
- Made 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
REACTION or utterance inspired by the excitement of the occasion and there was no
opportunity for the declarant to deliberate and fabricate
LIMITED TO: Spontaneous statements and verbal acts.
1. SPONTANEOUS STATEMENTS
REQUISITES
1. There is startling event or occurrence taking place
2. Statement was made while the event is taking place or immediately prior or subsequent
thereto.
3. Statement relates to the circumstances of the startling event or occurrence or that the
statements must concern the occurrence in question and its immediate attending
circumstance.
4. Statement was made before the declarant had the time to contrive or devise falsehood.
- Even if the declarant is unavailable and cannot be crossed examined, the evidence may still
be admissible.
2. VERBAL ACTS
- Statements accompanying an equivocal act material to the issue and giving it a legal
significance.
REQUISITES:
1. Principal act to be characterized must be EQUIVOCAL
2. Act must be material to the issue
3. Statement must accompany the equivocal act
4. Statement gives legal significance to the equivocal act.
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EVIDENCE
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- I will pay you after 1 month - EQUIVOCAL ACT with legal significance.
- If the act is clear, there is no res gestae to speak of
- Adios amiga, see you in hell. - may help determine the purpose of the the equivocal act.
- The statement must accompany the equivocal act which evidently means that it must be
CONTEMPORANEOUS with the act.
ENTRIES IN THE COURSE OF BUSINESS/ BUSINESS RECORDS RULE
REQUISITES:
1. Person who made the entry must be dead or unable to testify
2. Entries were made at or near the time of the transaction which they refer
3. Entrant was in the position to know the facts stated in the entries
4. Entries were made in his professional capacity or in the performance of a duty whether legal,
contractual, moral or religious
5. Entries were made in the ordinary or regular course of business.
- Entries in the payroll being entries in the ordinary course of business enjoy presumption of
regularity
- Rules on electronic evidence expressly exempt business records from the application of the
hearsay rule provided the mechanics of record keeping of such records are shown by the
testimony of the custodian or other qualified witnesses.
DECLARATIONS AGAINST INTEREST
Declaration made by a person deceased or unable to testify, against the interest of the
declarant, if facts 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.
- The declarant must be aware that it is against his interest, pecuniary or moral.
- If declaration is favorable to the interest, it is merely self serving
- It may be against one’s penal interest
- It is admissible even against the declarant’s successors in interest or even to third persons.
DECLARATIONS ABOUT PEDIGREE
- The act of declaration of a person deceased or unable to testify, in respect to the pedigree of
another person related to him by birth or by marriage where it occurred before the
controversy, and the relationship between the two persons is shown by evidence other than
such act or declaration
PEDIGREE - Includes relationship, family genealogy, birth, marriage, death, the dates when the
places where these facts occurred and the names of relatives.
REQUISITES:
1. Declarant is dead or unable to testify
2. Declarant is related by birth or marriage to the person whose pedigree is in issue
3. Declaration was made before the controversy
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4. Relationship between the two persons is shown by evidence other than such act or
declaration
- Declaration of jose (already dead) prior to his death and any controversy, that Juan is his
illegitimate son is admissible in evidence. DECLARATION ABOUT PEDIGREE
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, if the witness testifying is also a member of the family,
either by consanguinity or affinity shall be admissible
- Entries in family bibles, other family books, or charts, engraving on rings, family portrait and the
like may be received as evidence of pedigree.
INVOLVES:
1. Statement by a member of the family either by consanguinity or affinity
2. Statement is about reputation or tradition of the family in respect to the pedigree of any
member of the family
3. Reputation or tradition is one existing precious to the controversy
COMMON REPUTATION
Refers to facts of public or general interest more than 30 years old or respecting marriage or
moral character.
Monuments and inscriptions in public places may be received as evidence
- Admissible
- Existing prior any controversy
- IT CANNOT ESTABLISH PEDIGREE
ENTRIES IN OFFICIAL RECORDS
Made in the performance of his duty by a public officer of the PH or by a person in the
performance of a duty especially enjoined by law are prima facie evidence of the facts stated
therein
REQUISITES:
1. Entry was made by a public officer or by another person especially enjoined by law to do so.
2. It was made by public officer or by such person in the performance of a duty enjoined by
law.
3. PO has sufficient knowledge of the facts by him or her stated, which must have been
acquired by the public officer or other person personally through official information
- If the person offering the evidence did not stated that it was acquired from persons under a
legal duty to submit the same, the rule does not apply.
COMMERCIAL LISTS AND THE LIKE
Evidence of statements of matters of interest to persons engaged in an occupation contained in
a list, register, periodical, or other published compilation tending to prove the truth of any
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relevant matter so stated if that compilation is published for use by person engaged in that
occupation and is generally used and relied upon by them therein.
LEARNED TREATISES
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 is recognized in
his profession
- An expert on the subject must testify to the expertise of the writer or court takes judicial notice
of that fact
TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING
Testimony of a witness already 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 it.
EXCEPTION TO HEARSAY RULE IN CHILD ABUSE CASES:
A hearsay statement of the child may be admitted in evidence in any criminal or non criminal
proceeding PROVIDED the same is offered in child abuse cases and the statement made by the
child is one describing ANY ACT OR ATTEMPTED ACT OF CHILD ABUSE.
OTHER REQUIREMENTS:
1. 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
2. If child is available, the court shall, upon motion of the adverse party, require the child to be
present at the presentation of hearsay statement for cross examination
3. If child is unavailable, it may be proved by the proponent and the hearsay testimony shall be
admitted ONLY IF CORROBORATED BY OTHER ADMISSIBLE EVIDENCE
- Factors shall be considered by the court before accepting the admissibility of such testimony
OPINION EVIDENCE
GR: Opinion evidence are inadmissible
EXCEPTIONS:
1. Opinion of expert witness
2. Opinion of ordinary witness regarding IDENTITY, HANDWRITING, MENTAL SANITY, IMPRESSIONS
OF EMOTION, BEHAVIOUR, CONDITION OF APPEARANCE OF A PERSON.
- Experts are not mandatory or indispensable in ascertaining the identity of a handwriting.
- Judges must also exercise independent judgment in determining the authenticity or
genuineness of the signature in question and not merely rely on the testimony of the experts.
- Witness must have adequate knowledge of one’s identity
- Witness should have sufficient familiarity in the handwriting
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CHARACTER EVIDENCE (CE)
- Character is what really the person is.
- Reputation is what he is supposed to be in accordance with what people say he is.
GR: CE is generally not admissible
- In criminal case, the prosecution cannot prove the bad moral character of the accused in the
-
evidence in chief. IT CAN ONLY DO SO IN REBUTTAL
- The prosecution must await until the accused puts his character in issue during the
proceedings.
- The accused may prove his good moral character when pertinent to the moral trait involved
in the offense charged.
- The good and the bar moral character of the OFFENDED PARTY may be proved by the
accused. IT ONLY PERTAINS TO CRIMINAL CASES.
SEXUAL ABUSE SHIELD - Not admissible in any criminal proceeding involving child sexual abuse:
1. Evidence to prover that the alleged victim engaged in other sexual behavior
2. Evidence offered to prove the sexual predisposition of the alleged victim
IN CIVIL CASES: Evidence of moral character of a party is admissible only when pertinent to the
issue of character involved in the case.
IN WITNESSES: Evidence of good moral character is not admissible unless character is
impeached.
OFFER OF EVIDENCE AND TRIAL OBJECTIONS
- Evidence must be formally offered
- A document or any article is not evidence when it is simply marked for identification. IT MUST
BE FORMALLY OFFERED.
IDENTIFICATION OF DOCUMENTARY EVIDENCE - Done in the course of the trial and is
accompanied by the marking of evidence as exhibit.
FORMAL OFFER AS AN EXHIBIT - done only when the party rests its case.
FORMAL OFFER IS NOT REQUIRED:
1. Summary proceeding
2. Documents judicially admitted or taken judicial notice of
3. Documents, affidavits, depositions used in rendering SUMMARY JUDGEMENT
4. Documents or affidavits used in deciding quasi judicial or administrative cases
5. Lost objects previously marked and identified, described in the record, and testified to by
witness who had been subjects of cross examinations in respect to said objects.
EVIDENCE NOT FORMALLY OFFERED WERE ADMITTED PROVIDED:
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1. Evidence must have been duly identified by testimony duly recorded.
2. Same must have been incorporated in the records of the case
- Evidence formally offered by either parties may be considered by the court to either or both
of the parties.
- Objections to documentary evidence shall be made after it is offered and not on the time of
its marking or identification
- Nature and purpose of the evidence shall be stated.
- The court shall consider the evidence presented SOLELY for the purpose for which it is offered
and not for any other purposes.
- An objection must point out the specific ground of the objection and if it does not do so, no
error is committed by overruling it.
- Grounds for objection shall be specified. General objection is not allowed.
FORMAL OBJECTION - One directed against the alleged defect in the formulation of the question
SUBSTANTIVE - One directed against the very nature of the evidence.
WHEN TO OBJECT
- ORALLY - Objection must be made immediately after the offer is made.
- IN THE COURSE OF ORAL EXAMINATION - Made as soon as the grounds are apparent
- WRITING - Within 3 days after notice of the offer
- When the witness answered before objected or before the question is completely stated MOVE TO STRIKE OUT THE ANSWER
INSTANCES WHERE A TESTIMONY MAY BE STRICKEN OUT
1. Premature
2. Irrelevant, incompetent or improper
3. Unresponsive
4. Witness becomes unavailable for cross examination through no fault of the cross examining
party
5. Allowed conditionally but was not fulfilled.
- While it may be admissible for failure to object, It doe not necessarily follow that the same
should be given weight.
- A waiver shall not be considered as an admission that the evidence is credible and shall be
given weight.
- Where a continuing objection had been interposed on prohibited testimony, the objection is
deemed waived where the objecting counsel CROSS EXAMINED the witness on the very
matters subject of the prohibition.
- Rulings on the objections shall be given immediately after the objection is made
- Will be taken into consideration, submitted, noted - IMPROPER RULINGS.
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SUSTAINED - The objection is proper. INADMISSIBLE
OVERRULED - Objection lacks merit. MAY PROCEED.
- The reason for the ruling on such objections need not be stated EXCEPT if the objection is
based on two or more grounds. MUST SPECIFY THE GROUND/S RELIED UPON
REPETITION FOR OBJECTION
It shall not be necessary to repeat an objection when it becomes reasonably apparent and are
of the same class.
TENDER OF EXCLUDED EVIDENCE/ OFFER OF PROOF
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 is 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.
HOW DONE:
1. DOCUMENTARY OR OBJECT EVIDENCE: The tender is made by having the document or
object attached to or made part of the record.
- Purpose of the document sought to be attached must be stated.
- The document tendered shall be described, identified, its substance stated in particularity or
else may be properly objected to.
FORMAL OFFER OF EVIDENCE - Refers either to the offer of the testimony of a witness prior to the
latter’s testimony, or the offer of the documentary or object evidence after a party has
presented his testimonial evidence.
FORMAL OFFER OF PROOF - process by which a proponent of an excluded evidence tenders the
same. If what has been excluded is testimonial evidence, the tender is made by stating for the
record the name and other personal circumstances. If documentary or object, The offer of proof
is made by having the same attached to or made part of the record.
- Rules does not prohibit a party from requesting the court to allow it to present additional
evidence even after it has rested its case
_____________________________________________________________________________________________
Sorry for all the typographical errors. Good luck and God bless you! Kindly pass
this or pay it foward! In God's perfect timing I know you will be the person you
aspire to be.
- Edward Arriba
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