Evideads Poison Notes

POISON NOTES
EVIDENCE
on
REMEDIAL LAW REVIEW 2

DEAN FERDINAND ADONIS TAN
The following are the questions and the subquestions that were asked by Dean Tan during Remedial Law Review
Class discussing the Rules on Evidence. There is a BIG CHANCE that he might ask again the following queries.
We really can never predict the order of questions that will be asked by our beloved dean, but still, it is better to
have a guide. Knowing the questions, the manner and flow of recitations, all of these make this subject more
enjoyable, if not easy.
For the mean time, I suggest you download a copy once in a while. Also, do not print. This will be updated EVERY
NOW AND THEN. There will be revisions even to those topics already discussed.
The mistakes you find now will be the lessons you will learn tomorrow.
If there is no basis cited, there is a small chance that I just heard it in recitations and Dean Tan accepted it as an
answer, a smaller chance that I forgot to cite it or a big chance that it is my own answer.
Do not blame me- I am no AKON.
P.S.:
caveat lector - Reader beware! You have been warned. You will be poisoned. Proceed with caution.
"Drink your own poison, but mine is sweeter! -Poison King
For typographical and clerical errors, contact me.
If you know the enemy and know yourself, you need not fear the result of a hundred battles.
If you know yourself but not the enemy, for every victory gained you will also suffer a defeat.
If you know neither the enemy nor yourself, you will succumb in every battle.
-Sun Tzu, The Art of War
If you know the questions and know yourself, you need not fear the result of a hundred recitations.
If you know yourself but not the questions, for every victory gained you will also suffer a defeat.
If you know neither the questions nor yourself, you will succumb in every recitations.
-Yung author ng Art of War, tropa ko yun.. Di ba si Sun Tzu yon?! :D
What is evidence?
Means, sanctioned by the rules, of ascertaining in a judicial proceeding the
truth* respecting a matter of fact. (Section 1, Rule 128, Rules of Court)
*Truth referred is legal truth, not actual truth.
What is the nature of evidence?

1. Remedial/procedural/curative in nature.
2. Waivable or not self-executing.
The applicability of the rules is deemed waived upon failure of to
seasonably raise the objection. (San Beda Memory Aid 2012, Remedial Law, p. 358)
Confessions made without the benefit of counsel are still admissible in
evidence if appellant failed to make timely objections before the trial
court. (People v. Samus, G.R. No. 135957-58, September 27, 2002)
What is the exception to the rule that the Rules

of Evidence is waivable?
If the rule waived* by the parties has been estabished by law on
grounds of public policy, the waiver is void. Accordingly, the
waiver of the privilege against disclosure of secrets is void.
(Francisco, 1996, page 9 - (San Beda Memory Aid 2012, Remedial Law, p. 358)
*Rights may be waived, unless the waiver is contrary to law, public policy,
morals, or good customs, or prejudicial to a third person with a right
recognized by law. (Article 6 of the New Civil Code)
When is evidence required?

1. When the court has to resolve a question of fact;
2. Doctrine of Processual Presumption- when invoking a foreign law, evidence of
such law must be presented. Otherwise, the court will presume that the
foreign law is the same as the Philippine law.
(San Beda Memory Aid 2012, Remedial Law, p. 357)
When is evidence not required?

1. Where no factual issue exists in a case;
2. Where the case presents only a question of law, such question is resolved by
the mere application of the relevant statutes or rules to which no evidence is
required;
3. Judgment on the pleadings - When the pleadings in a civil case do not tender
an issue of fact; (Rule 34, Section 1 of the Rules of Court)
4. Evidence may also be dispensed with by agreement of the parties;
5. Evidence is not also required on matters of judicial notice; and
6. Matters judicially admitted.
Demonics: FacQ JAJA
What are the distinctions between evidence and proof?

1. Definition
Evidence is the means, sanctioned by the rules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (Rule 128, Section 1
of the Rules of Court)
Proof is the probative effect of evidence and is the conviction or

persuasion of the mind resulting from the consideration of evidence.
2. Cause and effect.

Evidence is the means.
There is proof because of evidence.
What is the distinction between factum probans and
factum probandum?
Factum probans is the intermediate fact tending to prove the fact in issue.
Factum Probandum is the ultimate fact or proposition to be established.
What are the limitations on the application of evidence?

The Rules on Evidence shall not apply to:
1.
2.
3.
4.
5.
6.
Election cases;
Land Registration cases;
Cadastral cases;
Naturalization cases;
Insolvency cases;
Other cases not herein provided for
Demonics: CLINEO / COLINE
What are those "other cases" referred to?

1.
2.
3.
4.
5.
Labor cases;
Administrative cases;
Non-judicial proceedings:
Impeachment proceedings;
Quasi-judicial* proceedings, like Civil Service Commission investigations, etc.
*See Rule 43 for the enumeration of quasi-judicial bodies.
Demonics: LANIQ
What are the exceptions?

By analogy or in a suppletory character and whenever practicable and
convenient. (Section 4, Rule 1, of the Rules of Court)
What is the exception to the exceptions? / What

are the limitations on the application of
electronic evidence?
The Rules on Electronic Evidence shall apply to all:
1. Civil actions; and
2. Civil proceedings;
3. Quasi-judicial cases; and
4. Administrative cases
Note: not applicable in criminal cases.
Are the Rules on Evidence

impeachment proceedings?
applicable
on
Generally, no. Except by analogy or in a suppletory character and

whenever practicable and convenient. (Rule 1, Section 4 of the Rules of Court)
What rule then shall govern impeachment

proceedings?
Senate Rules on Impeachment Proceedings.
What are the sources of evidence?

1.
2.
Rules of Court, like

Rules 128-134;
Rule on DNA Evidence;
Rule on Electronic Evidence;
Rule on Examination of Child Witness;
1987 Constitution;
Article III, Section 1
Article III, Section 2*
Article VIII, Section 5 (5)
*Exclusionary rule on evidence
3. Statutes, like:
R.A. 4200 (Anti-Wiretapping Act);
R.A. 7438 (Rights of Persons Arrested, Detained or under Custodial
Investigation)
R.A. 9327 (Human Security Act of 2007)

4.
5.
6.
R.A. 6981 (Witness Protection Program)

Supreme Court decisions and resolutions;
Revised Penal Code;
New Civil Code.
Demonics: RRCCSS
What are the constitutional provisions in relation to

evidence?
Note: The simplest way to answer this is to memorize.

No person shall be deprived of life, liberty or property without due process of
law, nor shall any person be denied the equal protections of the laws.
Note: This does not pertain to the admissibility of evidence. Only Sections
2,3,12 & 17 of Article III of the 1987 Constitution as mentioned in Sections 3
and 12 thereof..

The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by
the judge under after examination under oath or affirmation of the
complainant and the witnesses that he may produce, and particularly
describing the place to be searched and the persons or things to be seized.

(1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
(1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have
competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation or any other means which
vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.

All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be
provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not
be required.

(1) No person shall be held to answer for a criminal offense without due
process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of accusation against him, to
have speedy, impartial, and public trial, to meet the witnesses face to face,
and to have compulsory process to secure the attendance of witnesses and
the production of evidence in his behalf. However, after arraignment, trial
may proceed notwithstanding the absence of the accused provided that he
has been duly notified and his failure to appear is unjustifiable.
No person shall be compelled to be a witness against himself.
Is the right against self-incrimination applicable in

administrative proceedings?
Yes, when the administrative proceeding is criminal in nature.
Is the right against self-incrimination available to a

witness?
Yes.

No ex post facto law or bill of attainder shall be enacted.
What is an ex post facto law?

One that would make a previous act criminal although it was not so at
the time it was committed. (San Beda Memory Aid 2012, Political Law, p. 47)
What is a bill of attainder?

Legislative act that inflicts punishment without trial.
(Cummings v. Missouri, 4
Wall 277)
It substitutes legislative fiat* for a judicial determination of guilt. Thus,

it is only when a statute applies either to named individuals or to easily
ascertainable members of a group in such a way as to inflict
punishment on them without judicial trial that it becomes a bill of
attainder. (San Beda Memory Aid 2012, Political Law, p. 47)
*Fiat means decree.
Article VIII, Section 5 (5)

The Supreme Court shall have the power to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice and
procedure in all courts, the admission to the practice of law, the Integrated
Bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
What are the kinds of evidence?

Object, Documentary & Testimonial Evidence
Object Evidence are those addressed to the senses of the court. When
relevant to the fact in issue, it may be exhibited to, examined or viewed by
the court. (Sec. 1, Rule 130, Rules of Court) Object Evidence are also known
as Autoptic Proference or Real or Physical Evidence. (San Beda Memory Aid 2012,
Remedial Law, page 359)
Demonics: EVE
Documentary evidence are those consisting of writings or any material

containing letters, words, numbers, figures, symbols or other modes of
written expressions offered as proof of their contents. (Section 2, Rule 130, B, Rules of
Court)
Demonics: FLOWNS
Testimonial evidence are those elicited from the mouth of a witness. A.k.a.
Verbal or Oral Evidence. (San Beda Memory Aid 2012, Remedial Law, page 359)
Primary, Secondary & Parol Evidence

Primary or Best Evidence are those which affords the greatest certainty of
the fact in issue. (San Beda Memory Aid 2012, Remedial Law, page 359)
Secondary Evidence or Substitutionary Evidence are those which is inferior to
primary evidence and admissible only in the absence of the latter. (San Beda
Memory Aid 2012, Remedial Law, page 359)
Parol Evidence are those evidence aliunde* which is intended or tends to

vary or contradict a complete and enforceable agreement embodied in a
document. (San Beda Memory Aid 2012, Remedial Law, page 375)
*Extrinsic.
Intrinsic & Extrinsic Evidence

Intrinsic Evidence are those within or written in the face of a written
agreement
Extrinsic Evidence are those outside or not written in the face of a written
agreement. Also known as evidence aliunde.
Demonstrative Evidence
Demonstrative Evidence are those which represent or demonstrate the
object or document. (Riano, Evidence (The Bar Lectures Series) 2009 Ed., page 160)
Demonstrative Evidence is a kind of evidence which demonstrates the real
thing. (Question # 43, San Sebastian Remedial Law Mock Bar 2012, by Dean Tan, page 12 of 24)
Positive & Negative Evidence

Positive Evidence are those which tend to prove the existence of a fact.
Negative Evidence are those which tend to disprove the existence of a fact.
Clear and Convincing, Substantial, Preponderance of, Prima Facie,

& Conclusive Evidence & Proof Beyond Reasonable Doubt
Clear and Convincing Evidence refers to that amount of evidence which
produces in the mind of the trier of a fact, a firm belief or conviction as to
allegations sought to be established. It is intermediate being more than
preponderance of evidence but not to the extent of certainty as is required
beyond reasonable doubt. (Blacks Law Dictionary, 5th Ed., page 227)
Substantial Evidence refers to the amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion. (Rule 133,
Section 5 of the Rules of Court)
Preponderance of Evidence means greater or superior weight of evidence.

(Riano, Evidence (The Bar Lectures Series) 2009 Ed., page 412) In civil cases, the party having the
burden of proof must establish his case by this degree of evidence. (Rule 133,
Prima Facie Evidence refers to a fact presumed to be true unless rebutted.

Conclusive Evidence refers to those facts which cannot be rebutted.
Proof Beyond Reasonable Doubt refers to that degree of proof which
produces conviction in an unprejudiced mind. (Rule 133, Section 2 of the Rules of Court)
Direct & Circumstantial Evidence

Direct Evidence are those which if believed, proves the existence of a fact in
issue without inference or presumption. (Riano, Evidence (The Bar Lectures Series) 2009 Ed.,
page 33)
Circumstantial Evidence is that which indirectly proves a fact in issue through

an inference which the fact-finder draws from the evidence established.
A.k.a. indirect evidence. (Riano, Evidence (The Bar Lectures Series) 2009 Ed., page 33)
When is circumstantial evidence sufficient to convict

the accused?
1. There is more than one (1) circumstantial evidence;
2. The 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.
(Rule 133, Section 4 of the Rules of Court)
4. There is no other direct evidence.

Note: add #4 pag nagmatigas si Dean. :D
Cumulative & Corroborative Evidence

Cumulative Evidence refers to evidence of the same kind and character as
that already given and that tends to prove the same proposition. (Riano, Evidence
(The Bar Lectures Series) 2009 Ed., page 42)
Corroborative Evidence is one that is supplementary to that already given

tending to strengthen and confirm it. It is additional evidence of a different
character to the same point. (Riano, Evidence (The Bar Lectures Series) 2009 Ed., page 42)
Rebuttal & Sur-rebuttal Evidence

Rebuttal Evidence is that kind which is given to explain, repel, counteract or
disprove facts given in evidence by the adverse party. It is evidence in denial
of some affirmative case or fact which the adverse party has attempted to
prove. (San Beda Memory Aid 2012, Remedial Law, page. 360)
Sur-rebuttal Evidence is a reply to rebuttal evidence. When the plaintiff is
permitted to introduce new matter, defendants should be permitted to
introduce evidence in sur-rebuttal, and to decline to permit him to do so is
error, especially when the evidence in sur-rebuttal is for the first time made
competent by the evidence introduced by the plaintiff in rebuttal, but
defendant should ask for the right to meet the new matter. (San Beda Memory Aid
2012, Remedial Law, page. 360)
Admissible, Material & Credible Evidence
Admissible Evidence is one that is relevant and competent.
(San Beda Memory Aid
2012, Remedial Law, page 359)
Material Evidence is that which is directed to prove a fact in issue as

determined by the rules of substantive law and pleadings. (San Beda Memory Aid
2012, Remedial Law, page 359)
Credible Evidence is that which is not only admissible but also believable and
use by the court in deciding a case. Evidence is credible if worthy of belief.
(San Beda Memory Aid 2012, Remedial Law, page 359)
Relevant & Competent Evidence

Relevant Evidence is that which has a relation to the fact in issue as to
induce belief in its existence or non-existence. (Rule 128, Section 4 of the Rules of Court)
Competent Evidence are those not excluded by the law or the rules.
(Rule 128,
Electronic Evidence
Refers to information or the representation of information, data, figures,
symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished, or
by which a fact may be proved and affirmed, which is received, recorded,
transmitted, stored, processed, retrieved or produced electronically. It
includes digitally signed documents and any print-out or output, readable by
sight or other means, which accurately reflects the electronic data message
or electronic document. (Section 1 (h), Rule 2, Rules on Electronic
Document)
Note: memorize this definition. It answers four (4) topics according to Dean Tan:
1.
2.
3.
4.
Electronic document;
Admissibility of electronic documents;
Best Evidence Rule on electronic document;
Hmmmn.
Hearsay Evidence
Those which are not based on personal knowledge nor on own perception of
a witness.
Reasonable Evidence
Hmmmn.
Material Evidence
Hmmmn.
Evidence-in-chief
Hmmmn.
Viva Voce Evidence

Literally means living voice are those evidence elicited from the mouth of a
witness. Also known as testimonial evidence.
Opinion Evidence
Hmmmn.
Admissible & Inadmissible Evidence

Evidence is admissible when it is relevant to the issue and is not excluded by
law or the rules.
Evidence is inadmissible when it is not relevant to the issue or is excluded by
law or the rules.
What are the two (2) tests of admissibility?

Test of Relevancy
Hmmmn.
Test of Competency
Hmmmn.
What are the distinctions between R.A. 6981 (Witness

Protection Program) and Rule 119, Section 17 of the Rules
of Court (Discharge of accused to be State Witness)?
1.
2.
3.
4.
5.
How to commence?
Rights and benefits.
Available to whom?
Where filed?
Legal basis.
Demonics: CRAWL
When is an evidence admissible?

When it is relevant to the issue
competent.
and is
When is an evidence relevant?

When it has a relation to the fact in issue as to induce belief in its
existence or non-existence. (Rule 128, Section 4 of the Rules of Court)
Note: Relevance is determined by logic, human experience and common sense.
When is an evidence competent?

When it is not excluded by the law or these Rules.
(Rule 128, Section 3 of the
Rules of Court)
Note: competence is determined by law.
What is the
competency?
distinction
between
relevancy
and
Relevancy is whether an evidence have such a relation to the fact in

issue as to induce belief in its existence or non-existence.
Competency is whether an evidence is excluded by law or the Rules.
When is an evidence excluded by law?

When it is excluded by:
1. Constitution;
2. Statutes, like:
a. R.A. 4200 (Anti-Wiretapping Act);
b. R.A. 7438 (Rights of Persons
Arrested, Detained or under Custodial Investigation)

c. R.A. 9327 (Human Security Act of
2007);
What are those evidence excluded by the rules?

1. Offer of compromise in civil cases is not
admission of liability;
2. Offer of compromise in quasi-offenses (criminal
negligence) is not implied admission of guilt in criminal
cases;
3. Offer of compromise as allowed by law is not
implied admission of guilt in criminal cases;
4. plea of guilty later withdrawn;
5. Unaccepted offer of a plea of guilty to a lesser
offense;
6. Offer to pay or the payment of medical,
hospital or other expenses occasioned by an injury;
Demonics: UPO4
7. Secondary Evidence when an original is
available;
8. Parol Evidence except as allowed by the Rules
9. Res inter alios acta similar acts as evidence
except as allowed by the Rules
10.
Hearsay Evidence except as allowed by
the Rules
11.
Opinion of a witness except as allowed
by the Rules;
12.
Character Evidence except as allowed by
the Rules.
Demonics: CHORPS
What are collateral matters?

Matters* which are not allowed, except when it tends in any reasonable
degree to establish the probability or improbability of the fact in issue.
*If ever magtanong ng examples:
1. Character;
2. Motive;
3. Reputation.
What is the distinction between weight of evidence,

credibility of evidence and probative value of evidence?
Weight of evidence is the tendency to convince or persuade.
Credibility of evidence is the worthiness of belief or believability.
Probative value of evidence is whether the admitted evidence proves an
issue.
What is an electronic document?

or electronic document. (Section 1 (h), Rule 2, Rules on Electronic Document)
When is an electronic document admissible?

1. If it complies with the rules on admissibility prescribed by the Rules of Court
and related laws; and
2. Is authenticated in the manner prescribed by the Rules on Electronic
Evidence.
How
do
you
document?
authenticate
an
electronic
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 Supreme Court or by law for authentication of electronic
documents were applied to the document; or
3. By other evidence showing its integrity and reliability to the satisfaction of
the judge.
(Rule 5, Section 2 of the Rules on Electronic Evidence)
What is the Lord Bacon's Rule?

That there are three kinds of ambiguities, to wit: latent, patent and
intermediate ambiguity.
Latent, Patent & Intermediate Ambiguity

Latent ambiguity refers to the intrinsic ambiguity or that which cannot be
seen on its face.
Patent ambiguity refers to the extrinsic ambiguity or that which can be seen
on its face.
Intermediate ambiguity or that which is susceptible of two or more
interpretations.
What is the rule on falsa demonstratio non nocet?

When the document admits of two meanings, one is true and the other is
false, the true will remain and the false will be a surplus.
Note: literally means false or mistaken description does not vitiate.
What are the kinds of admissibility?

Multiple, Conditional & Curative Admissibility
Multiple Admissibility is that situation when evidence is admissible for two or

more purposes, it will be admitted if it satisfies the requirements for its
admissibility for the purpose it is presented, even if it does not satisfy other
requisites for admissibility with respect to the other purpose/s. (Riano)
Conditional Admissibility speaks of the relevance of a piece of evidence is not
apparent at the time it is offered but the relevance of which will readily be
seen when connected to other pieces of evidence not yet offered. (Riano)
Curative Admissibility is that which allows a party to introduce otherwise
inadmissible evidence to answer the opposing partys previous introduction
of inadmissible evidence if it would remove any unfair prejudice caused by
the admission of the earlier inadmissible evidence. (Riano)
What is the doctrine of the fruit of the poisonous tree?

1. Posits that all evidence (the fruit) derived from an illegal search (the
poisonous tree) must be suppressed. (San Beda Memory Aid 2012, Remedial Law, page 362)
2. The doctrine speaks of that illegally seized documents, papers, and things
are inadmissible in evidence. The exclusion of such evidence is the only
practical means of enforcing the constitutional injunction against
unreasonable searches and seizures. (UST Golden Notes 2012, Remedial Law, page 295)
What is judicial notice?

It is the cognizance of certain facts which judges may properly take and act
upon without proof because they are supposed to be known to them. It is
based on considerations of expediency and convenience. It displaces
evidence, being equivalent to proof. (Riano)
When is judicial notice mandatory?

A court shall take judicial notice, without the introduction of evidence, of the
following matters:
1. Existence and territorial extent of States, their political history, forms of
government and symbols of nationality;
Demonics: PEFTS
2. Law of nations;
3. Admiralty and maritime courts of the world and their seals;
4. Political constitution and history of the Philippines, the official acts of the
legislative, executive and judicial departments of the Philippines;
Demonics: HOP
5. Measure of time; and

6. Laws of nature;
7. Geographical Divisions.
Demonics: SNAP MtNG (Snap Meeting)
Are the courts required to take judicial notice of the

laws of physical science?
Yes, physical science is synonymous to the laws of nature. It falls under
the enumerations set forth in Rule 129, Section 1 of the Rules of Court
where the courts take mandatory judicial notice.
Are the enumerations in Rule 129, Section 1 exclusive?

No. The court shall also take cognizance of the following matters not stated
in Section 1 of Rule 129:
1. In Sulpico v. Neda, the Court held that the declaration of the President of the
Philippines that she informed Chinas President of the cancellation of the
ZTE-NBN project is considered as an official act, thus, is a matter of
mandatory judicial notice;
2. Municipal ordinances in force in the municipality in which the MTC sits;
3. SC Decisions;
4. Banking Laws;
5. Postal Office Practices;
6. Rental rates;
7. Teleconference transactions;
8. Rape can be committed at any place or time. Lust is no respecter of time or
place;
9. Filipinas inbred modesty and shyness and her antipathy;
10.
Clogging of dockets;
11.
Shortage of judges;
12.
Scientific findings that drug abuse can damage the mental faculties of
the user.
13.
That persons have killed or committed serious offenses for no reason
at all.
14.
Natural reluctance of rape victims to go public.
Demonics: MoBSTeRRR KiD SciCloPFS (Mobster Kid Cyclops)
15.
16.
17.
Official business practices;

Generally accepted principles of international laws;
World history
Demonics: GOW
What is the rule on judicial notice of foreign laws?

Doctrine of Processual Presumption- when invoking a foreign law, evidence of
foreign law is the same as the Philippine law. (San Beda Memory Aid 2012, Remedial Law, p.
357)
Foreign laws must be alleged and proved. In the absence of proof, the foreign
law will be presumed to be the same as the laws of the jurisdiction hearing
the case. (Riano)
How do you prove foreign laws?

By an official publication thereof or by a copy attested by the officer
having the legal custody of the record, or by his deputy, and
accompanied, if the record is not kept in the Philippines, with a
certificate that such officer has the custody. If the office in which the
record is kept is in a foreign country, the certificate may be made by a
secretary of the embassy or legation, consul-general, consul, viceconsul, or consul agent or by any officer in the foreign service of the
Philippines stationed in the foreign country in which the record is kept,
and authenticated by the seal of his office.
(Rule 132, Section 24 of the Rules of
Court)
What are the rules with regard to judicial notice of

ordinances?
1. MTCs should take judicial notice of the ordinances of the municipality or city
wherein they sit;
2. RTCs must take judicial notice only:
a. When expressly authorized to do so by statute; or
b. In case on appeal before them and wherein the inferior court took judicial
notice of an ordinance involved in the same case;
3. Appellate courts may also take judicial notice of ordinances not only because
the lower courts took judicial notice thereof but because these are facts
capable of unquestionable demonstration.
(Riano, Evidence, 2009 Ed., page 90-91)
Is the RTC mandated to take judicial notice of

municipal ordinances?
Yes, under the following instances:
1. When so required by law;
2. On appeal, from the MTC in which the latter took judicial
notice;
3. In the interest of substantial justice.
When is judicial notice discretionary?

1. Public knowledge;
2. Capable of unquestionable demonstration;
3. Ought to be known by judges because of their judicial functions.
Demonics: COP
What are the requisites of discretionary judicial
notice?
1. Matter must be one of common knowledge;
2. Matter must be settled beyond reasonable doubt (if there is any uncertainty
about the matter, then evidence must be adduced); and
3. Knowledge must exist within the jurisdiction of the court.
(Berget v. State; State Prosecutors v. Muro)
When is a matter considered as public knowledge?

Matters coming to the knowledge of men generally in the course of
ordinary experiences of life, or they may be matters which are
generally accepted by mankind as true and are capable of ready and
unquestioned demonstration. (UST Golden Notes 2012, Remedial Law, page 308)
When is hearing required in judicial notice?

During the trial, the court, on its own initiative, or on request of a party, may
announce its intention to take judicial notice of any matter and allow the
parties to be heard thereon.
After the trial, and before the judgment, or on appeal, the proper court, on its
own initiative or on request of a party, may take judicial notice of any matter
and allow the parties to be heard thereon if such matter is decisive of a
material issue in the case.
What is the rule on judicial notice of records of another

case previously tried?
Courts are not authorized to take judicial notice of the contents of the
records of other cases, even when such cases have been tried or are pending
in the same court, and notwithstanding the fact that both cases may have
been heard or are actually pending before the same judge. (Calamba Steel Center,
Inc. v. CIR, G.R. No. 151857, April 28, 2005)
What are the exceptions to this rule?

1. When in the absence of any objection, with the knowledge of the opposing
party, the contents of said other cases are clearly referred to by title and
number in a pending action and adopted or 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 courts discretion upon the request, or
with the consent, of the parties, and admitted as part of the record of the
pending case. (Jumamil v. Cafe, G.R. No. 144570, September 21, 2005)
3. When the action is closely interrelated to another case pending between the
same parties;
4. Where the interest of the public in ascertaining the truth are of paramount
importance;
5. In cases seeking to determine what is reasonable exercise of discretion or
whether or not the previous ruling is applicable in a case under
consideration; or
6. Where there is finality of a judgment in another case that was previously
pending determination and therefore, res judicata. (Herrera, Vol. V, 1999 Ed., pages 8990)
(UST Golden Notes 2012, Remedial Law, page 311)
What is a demurrer to evidence (D2E)?
What are the distinctions between a D2E in civil and

criminal cases?
1. Basis
In civil, Rule 33, Section 1.
In criminal, Rule 119, Section 23.
2. When available?
In civil, it is available after the plaintiff has completed the
presentation of his evidence.
In criminal, it is available after the prosecution rests its case.

3. Ground of demurrer.
In civil, the ground is that upon the facts and the law the plaintiff
has shown no right to relief.
In criminal, the ground is insufficiency of evidence.
4. Requirement as to leave of court (LOC).
In civil, there is no requirement as to leave of court.
In criminal, there is such a requirement.
If with LOC, the denial of D2E allows the accused to adduce
evidence.
If without LOC, the denial of D2E does not allow the
accused to present evidence due to his waiver thereof and
submits the case for judgment based on the evidence of
the prosecution.
5. To whom available?
In civil, it is available to the defendant.
In criminal, it is available to the court on its own initiative after
giving the the prosecution opportunity to be heard or to the
accused.
6. Remedy in case of denial of the D2E.
In civil, the defendant shall have the right to present evidence.
In criminal, it depends whether or not there is LOC.
If with LOC, the denial of D2E allows the accused to adduce
evidence.
If without LOC, the denial of D2E does not allow the
accused to present evidence due to his waiver thereof and
submits the case for judgment based on the evidence of
the prosecution.
The order denying the motion for LOC to file D2E or the
demurrer itself shall not be reviewable by appeal or by

certiorari before judgment.
What is a judicial admission?

An admission, verbal or written, made by a party in the course of the
proceedings in the same case, which does not require proof. (Rule 129, Section 4 of
the Rules of Court)
What are the elements of a judicial admission?

1. Must be made by a party to the case or his counsel;
(UST Golden Notes 2012, Remedial
Law, page 309)
2. Must be made in the course of the proceedings; and

3. Must be made in the same case.
How do you contradict a judicial admission?

By showing that:
1. It was made through palpable mistake; or
2. No such admission was made.
What are the distinctions between judicial admissions and

extra-judicial admissions?
1. Definition
Judicial admission is an admission, verbal or written, made by a party
in the course of judicial proceedings in the same case. (Rule 129, Section 4 of
the Rules of Court)
Extra-judicial admission is an admission, verbal or written, made by a

party not in the course of judicial proceedings or if made in the course
of judicial proceedings, it is not in the same case.
2. Requirement to be proved.
Do not require proof and may be contradicted only by showing that it
was made through palpable mistake or that no such admission was
made.
Regarded as evidence and must be offered as such, otherwise the
court will not consider it in deciding the case.
3. Offer as evidence.
Judicial admissions need not be offered in evidence since it is not
evidence. It is superior to evidence and shall be considered by the
court as established.
Requires formal offer for it to be considered.
4. Conclusive or Rebuttable.
Judicial admissions are conclusive upon the admitter.
Extra-judicial admissions are rebuttable.
5. Whether subject to cross-examination.
Judicial admissions are subject to cross-examinations.
Extra-judicial admissions are not subject to cross-examinations.
6. Self-serving.
Judicial admissions are admissible even if self-serving
Extra-judicial admissions are not admissible if self-serving
Can you give examples of judicial admissions in civil

cases?
Sure. Why not Sir? Lakas ka sakin eh. Lols.
1. Admissions during the trial;
2. Admissions in the Pre-trial;
3.
4.
5.
6.
7.
Admissions in the pleadings;

Admissions in a motion;
Admissions by a counsel;
Implied admissions of actionable documents; (Section 8, Rule 8, Rules of Court)
Implied admissions of allegations of usury in a complaint to recover usurious
interest; (Section 11, Rule 8, Rules of Court)
8. Implied admissions in the Modes of Discovery such as depositions, written
interrogatories or requests for admission.
9. Admissions in a superseded pleading included in the amended pleading.
Can you give examples of judicial admissions in criminal

cases?
Can you give examples of extra-judicial admissions in civil

cases?
Sure. Malakas ka nga sakin Sir.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Admissions in a superseded pleading not included in the amended pleading;

Admissions in pleadings that have been dismissed;
Admissions in unfiled pleadings, signed by the party;
Admissions of a party. (Rule 130, Section 26 of the Rules of Court)
Admission by third-party. (Rule 130, Section 28 of the Rules of Court)
Admission by co-partner or agent. (Rule 130, Section 29 of the Rules of Court)
Admission by conspirator. (Rule 130, Section 30 of the Rules of Court)
Admission by privies. (Rule 130, Section 31 of the Rules of Court)
Admission by silence. (Rule 130, Section 32 of the Rules of Court)
Can you give examples of extra-judicial admissions in

criminal cases?
Can you give examples of implied judicial admissions in

civil cases?
Can you give examples of implied judicial admissions in

criminal cases?
What is an object evidence?

Object Evidence are those addressed to the senses of the court. When
relevant to the fact in issue, it may be exhibited to, examined or viewed by
the court. (Sec. 1, Rule 130, Rules of Court)
Demonics: EVE
Object Evidence are also known as Autoptic Proference or Real or Physical

Evidence. (San Beda Memory Aid 2012, Remedial Law, page 359)
Also known as real evidence, demonstrative evidence, autoptic proference
and physical evidence. (UST Golden Notes 2012, Remedial Law, page 311)
What is an autoptic evidence? / What is an autoptic real

evidence? / What is an autoptic profer of evidence?
It is the other name for real or object evidence.
What are the distinctions between real and demonstrative

evidence?
1. Nature.
Real Evidence are those tangible objects that played some actual
actual role in the matter that gave rise to the litigation.

Demonstrative Evidence are those tangible objects that merely
illustrates a matter of importance in the litigation.
2. Purpose.
Real Evidence intends to prove that the object is used in the underlying
event.
Demonstrative Evidence intends to show that the object fairly
represents or illustrates what is alleged to be illustrated.
When is an object evidence considered as a documentary

evidence?
When it is offered as proof of its contents.
(Section 2, Rule 130, B, Rules of Court)
When is a documentary evidence considered as an object

evidence?
When it is offered to prove the existence of a document and not as to its
contents.
What are the limitations to the admission of an object

evidence?
1.
2.
3.
4.
Must
Must
Must
Must
not
not
not
not
cause delay and inconvenience to the parties;

have other testimonial evidence nor depositions available.
be repulsive to public morals and decency;
be misleading;
Demonics: DORM
What are the exceptions to the limitations?
1. In the interest of substantial justice;

2. Subject of the prosecution or the very basis of the action.
(Moran, page 73)
What is chain of custody?

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 court for
destruction. Such record of movements and custody of seized item shall
include the identity and signature of the person who held temporary custody
of the seized item, the date and time when such transfer of custody were
made in the course of safekeeping and use in court as evidence, and the
final disposition. (Section 1(b) of Dangerous Drugs Board Regulation No. 1, Series of 2002 which
implements R.A. No. 9165)
What are the requirements as to chain of custody?
What are the categories of object evidence for purposes of

authentication?
1. Unique objects or those that have readily identifiable marks;
2. Objects made unique or those that are readily identifiable; and
3. Non-unique objects or those which have no identifying marks and cannot be
marked.
What is the scope of DNA Evidence?

Shall apply whenever DNA evidence, as defined in Section 3 hereof, is
offered, used or proposed to be offered or used as evidence in all criminal
and civil actions as well a special proceedings. (Section 1 of the Rule on DNA Evidence)
What is DNA?
DNA (acronym for deoxyribonucleic acid) is the chain of molecules found in
every nucleated cell of the body (Section 3 of the Rule on DNA Evidence)
It is the fundamental building block of a persons entire genetic make-up,
which is found in all human cells and is the same in every cell of the same
person (People v. Umanito, G.R. No. 172607, October 26, 2007)
What is DNA evidence?

It constitutes the totality of the DNA profiles, results and other genetic
information directly generated from DNA testing of biological samples. (Section
3 of the Rule on DNA Evidence)
What is DNA testing?

It means verified and credible scientific methods which include the extraction
of DNA from biological samples, the generation of DNA profiles and the
comparison of the information obtained from the DNA testing of biological
samples for the purpose of determining, with reasonable certainty, whether
or not the DNA obtained from two or more distinct biological samples
originates from the same person (direct identification) or if the biological
samples originate from related persons (Kinship Analysis) (Section 3 of the Rule on
DNA Evidence)
Note: the scientific basis of this test comes from the fact that our differences as individuals
are due to the differences in the composition of our genes. These genes comprise a chemical
substance, the deoxyribonucleic acid or DNA (The Court Systems Journal, 1999)
May DNA testing be conducted absent a prior court order?

Yes. The Rules on DNA Evidence does not preclude a DNA testing, without
need of a prior court order, at the behest of any party, including law
enforcement agencies, before a suit or proceeding is commenced. (Section 4 of
the Rule on DNA Evidence)
What are the requirements for the admissibility of DNA

Evidence?
What are the requisites for the issuance of a DNA testing

order? / What are the requirements of DNA testing? / What
are the requirements for the application of DNA Testing?
In pending actions, the appropriate court may, at any time issue a DNA
testing order either motu proprio or upon application of any person who has
a legal interest in the matter in litigation after due hearing and notice to the
parties and upon showing of the following:
1.
2.
a.
b.
A biological sample exists that is relevant to the case;

The biological sample:
was not previously subjected to the type of DNA testing now requested; or
was previously subjected to DNA testing, but the results may require
confirmation for good reasons;
3. The DNA testing uses a scientifically valid technique;
4. The DNA testing has the scientific potential to produce new information that
is relevant to the proper resolution of the case; and
5. The existence of other factors, if any, which the court may consider as
potentially affecting the accuracy or integrity of the DNA testing
(Section 4 of the Rule on DNA Evidence)
Is the order granting the DNA testing appealable?

No. An order granting the DNA testing shall be immediately executory and
shall not be appealable. Any petition for certiorari initiated therefrom shall
not, in any way, stay the implementation thereof, unless a higher court
issues an injunctive order. (Section 5 of the Rule on DNA Evidence)
Is the result of DNA testing automatically admitted as

evidence in the case in which it was sought for?
No. The grant of a DNA testing application shall not be construed as an
automatic admission into evidence of any component of the DNA evidence
that may be obtained as a result thereof. (Section 5 of the Rule on DNA Evidence)
To whom is the post-conviction DNA testing available?

Post-conviction DNA testing may be available, without need of prior court
order, to the prosecution or any person convicted by final and executory
judgment.
What are the requisites for the applicability of the Postconviction DNA testing?
1. Existing biological sample;
2. Such sample is relevant to the case; and
3. The testing would probably result in the reversal or modification of the
judgment of conviction.
What is the remedy of the convict if the post-conviction

DNA testing result is favorable to him?
The convict or the prosecution may file a petition for a writ of habeas corpus
in the court of origin. In case the court, after due hearing, finds the petition
to be meritorious, it shall reverse or modify the judgment of conviction and
order the release of the convict, unless continued detention is justified for a
lawful cause.
What are the things to be considered in assessing the

probative value of DNA evidence?
1.
2.
3.
4.
5.
How the samples are collected;

How they were handled;
The possibility of the contamination of the samples;
The procedure followed in analyzing the samples;
Whether the proper standards and procedures were followed in conducting
the tests; and
6. The qualification of the analyst who conducted the tests.
What is a documentary evidence?

Those consisting of writings or any material containing letters, words,
numbers, figures, symbols or other modes of written expressions offered as
proof of their contents. (Section 2, Rule 130, B, Rules of Court)
Demonics: FLOWNS
What are the requisites for admissibility of documentary

evidence?
1.
2.
3.
4.
The
The
The
The
document must be relevant;

evidence must be authenticated;
document must be authenticated by a competent witness; and
document must be formally offered in evidence.
What is the scope of Electronic Evidence?
Shall apply whenever an electronic data message, as defined in Rule 2

hereof, is offered or used in evidence (Rule 1, Section 1 of the Rules on Electronic Evidence) in
all civil actions and proceedings, as well as quasi-judicial and administrative
cases. (Rule 1, Section 2 of the Rules on Electronic Evidence)
What is an electronic evidence?

or electronic document. (Section 1 (h), Rule 2, Rules on Electronic Document)
When is an electronic document admissible?

1. If it complies with the rules on admissibility prescribed by the Rules of Court
and related laws; and
2. Is authenticated in the manner prescribed by the Rules on Electronic
Evidence.
How
do
you
document?
authenticate
an
electronic
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
Supreme Court or by law for authentication of electronic
documents were applied to the document; or
3. By other evidence showing its integrity and
reliability to the satisfaction of the judge.
What is Electronic Data Message?

Refers to information generated, sent, received or stored by electronic,
optical or similar means.
What are the factors to be considered in assessing

evidentiary weight of an electronic document?
1. The reliability of the manner or method in which it was generated, stored or
communicated, including but not limited to input and output procedures,
controls, tests and checks for accuracy and reliability of the electronic data
message or document, in the light of all the circumstances as well as any
relevant agreement;
2. The reliability of the manner in which its originator was identified;
3. The integrity of the information and communication system in which it its
recorded or stored, including but not limited to the hardware and computer
programs or software used as well as programming errors;
4. The familiarity of the witness or the person who made the entry with the
communication and information system;
5. The nature and quality of the information which went into the communication
and information system upon which the electronic data message document
was based; or
6. Other factors which the court may consider as affecting accuracy or integrity
of the electronic document or electronic data message.
How is an electronic signature authenticated?

1. By evidence that a method or process was utilized to establish a digital
signature and verify the same;
2. By any other means provided by law; or
3. By any other means satisfactory to the judge as establishing the
genuineness of the electronic signature
What is the effect of authentication of an electronic

signature?
Upon authentication, it shall be presumed that:
1. The electronic signature is that of the person to whom it correlates;
2. The electronic signature was affixed by that person with the intention of
authenticating or approving the electronic document to which it is related or
to indicate such persons consent to the transaction embodied therein; and
3. The methods or processes utilized to affix or verify the electronic signature
operated without error or fault.
When is the Hearsay Rule not applicable to electronic

documents?
A memorandum, report, record or data compilation of acts, events,
conditions, opinions, or diagnoses, made by electronic, optical or other
similar means at or near the time of or from transmission or supply of
information by a person with knowledge thereof, and kept in the regular
course or conduct of a business activity, and such was the regular practice to
make the memorandum, report, record, or data compilation by electronic,
optical or similar means, all of which are shown by the testimony of the
custodian or other qualified witnesses, is excepted from the rule on hearsay
evidence. (Rule 8, Section 3 of the Rule on Electronic Evidence)
Note: the presumption provided for in Section 1 of this Rule may be overcome by evidence
of the untrustworthiness of the source of information or the method or circumstances of the
preparation, transmission or storage thereof. (Rule 8, Section 2 of the Rules on Electronic Evidence)
May parties
evidence?
present
audio,
photographic
or
video
Yes. Audio, photographic and video evidence of events, acts or transactions

shall be admissible provided it shall be shown, presented or displayed to the
court and shall be identified, explained or authenticated by the person who
made the recording or by some other person competent to testify on the
accuracy thereof. (Rule 11, Section 1 of the Rules on Electronic Evidence)
Are text messages admissible as evidence?

Yes. Text messages have been classified as ephemeral electronic
communication under Rule 2, Section 1 (k) of the Rules on Electronic
Evidence, and shall be proven by the testimony of a person who was a party
to the same or has personal knowledge thereof. (Vidallon-Magtolis v. Salud, A.M. No. CA-0520-P, September 9, 2005)
When is a document considered as an object evidence?

If offered to:
1. Prove its existence;
2. Prove its condition; or
3. Any purpose other than the contents.
Like what?
1.
2.
3.
4.
Show
Show
Show
Show
the quality of paper;

the quality of ink;
whether there is an alteration;
whether there is forgery.
What is the Best Evidence Rule?

When the subject of the inquiry is the contents of a document, no evidence
shall be admissible other than the original document itself. (Rule 130, Section 3 of the
Rules of Court)
Are there any exceptions?

1. When the original has been lost or destroyed, or cannot be produced in court
without bad faith on the part of the offeror;
Demonics: LDC
2. When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after
reasonable notice;
3. When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss if tme and the fact sought to
be established from them is only the general result of the whole;
4. When the original is a public record in the custody of a public officer or is
recorded in a public office.
Demonics: LCCP
What is the rationale behind BER?

1.
2.
3.
4.
Prevent fraud;
Avoid reception of forged documents;
Disallow secondary evidence; and
Avoid alterations.
Is the BER applicable in labor cases?

No, because technical rules on evidence are not binding in labor cases.
(Question # 81, San Sebastian Remedial Law Mock Bar, by Dean Tan, page 21 of 24)
When is an electronic document regarded as original? /

What is the best evidence in case of electronic document
An electronic document shall be regarded as the equivalent of an original
document under the Best Evidence Rule if it is a printout or output readable
by sight or other means, shown to reflect the data accurately. (Rule 4, Section 1 of
the Rules on Electronic Evidence)
When a document is in two or more copies executed at or about the same

time with identical contents, or is a counterpart 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, such copies or
duplicates, shall be regarded as equivalent of the original.
Notwithstanding the foregoing, copies or duplicates shall not be admissible
to the same extent as the original if:
1. A genuine question is raised as to the authenticity of the original; or
2. In the circumstances it would be unjust or inequitable to admit a copy in lieu
of the original.
What is an original document?

1. One, the contents of which are the subject of inquiry;
2. When a document is in two or more copies executed at or about the same
time, with identical contents, all such copies are equally regarded as
originals;
3. When an entry is repeated in the regular course of business, one being
copied from another at or near the time of the transaction, all entries are
likewise equally regarded as originals;
(Section 4, Rule 130, Rules of Court)
4. An electronic document shall be regarded as the equivalent of an original

document under the Best Evidence Rule if it is a printout or output readable
by sight or other means, shown to reflect the data accurately. (Rule 4, Section 1 of
the Rules on Electronic Evidence)
5. When a document is in two or more copies executed at or about the same

time with identical contents, or is a counterpart 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, such copies or
duplicates, shall be regarded as equivalent of the original.* (Rule 4, Section 2 of the
Rules on Electronic Evidence)
*Notwithstanding the foregoing, copies or duplicates 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; or

b. In the circumstances it would be unjust or inequitable to admit a copy in lieu of the original.
What are the distinctions between Rule 130 (B), Section 6

and Rule 27?
1. How made?
Rule 130(B), Section 6 is procured by mere notice to the adverse party,
which is a condition precedent for the subsequent introduction of
secondary evidence by the proponent.
In Rule 27, the production of document is in the nature of a mode of
discovery and can be sought only by proper motion in the trial court
and is permitted only upon good cause shown.
2. Knowledge of the contents by the party seeking production of the document
Rule 130(B), Section 6 presupposes that the document to be produced
is intended as evidence for the proponent who is presumed to have
knowledge of its contents.
Rule 27 contemplates a situation wherein the document is either
assumed to be favorable to the party in possession thereof or that the
party seeking its production is not sufficiently informed of the contents
of the same.
3. Nature.
Rule 130(B), Section 6 is a condition precedent for the subsequent
introduction of secondary evidence.
Rule 27, is a mode of discovery.
4. Purpose.
In Rule 130 (B), Section 6, the purpose is to present secondary
evidence in case of failure of the adverse party to present the original
after due notice.
In Rule 27, the purpose is to obtain secured knowledge as to the

documents produced relevant to the issue of the case.
Why is the best evidence rule often described as a

misnomer?*
Because it merely requires the best evidence available and, in the absence
thereof, allows the introduction of secondary evidence.
Alternative Answer:
It is a misnomer because it is applicable only to documentary evidence and
not to testimonial and object evidence.
*This was asked in the 1994 Bar Question.
What is secondary evidence?

Secondary Evidence or Substitutionary Evidence are those which is inferior to
primary evidence and admissible only in the absence of the latter. (San Beda
Memory Aid 2012, Remedial Law, page 359)
Secondary evidence is that which shows that better or primary evidence

exists as to the proof of the fact in question. It is the class of evidence that is
relevant to the fact in issue, it being first shown that the primary evidence of
the fact is not obtainable. It performs the same functions as that of primary
evidence. (Francisco, 1992 Ed., page 68)
How do you prove a lost/destroyed document?

When the original document has been lost or destroyed, or cannot be
produced in court, the offeror, upon proof of its execution or existence and
the cause of its unavailability without bad faith on his part, may prove its
contents by:
1. A copy; or
2. A recital of its contents in some authentic document; or
3. The testimony of witnesses
In the order stated.
How do you prove a lost /destroyed will?

No will shall be proved as a lost/destroyed will unless:
1. The execution and validity of the same be established; and
2. The will is proved to have been in existence at the time of the death of the
testator; or
3. Is shown to have been fraudulently or accidentally destroyed in the lifetime
of the testator without his knowledge; nor
4. Unless its provisions are clearly and distinctly proved by at least 2 credible
witnesses.
Demonics: EFEW
How do you prove documents in a public office?

When the original of a document is in the custody of a public officer or is
recorded in a public office, its contents may be proved by a certified copy
issued by the public officer in custody thereof. (Section 7, Rule 130, Rules of Court)
When is an original required in proving documents in a

public office?
Hmmn.
What is the principle of removability of public documents?

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 order of a
court where the inspection of the record is essential to the just determination
of a pending case. (Rule 132, Section 26 of the Rules of Court)
What is the 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 the parties and their successors in interest, no evidence of such
other terms other than the contents of the written agreement. (Section 9, Rule 130,
Rules of Court)
What are the exceptions to the PER?

However, a party may present evidence to modify, explain or add to
the terms of the written agreement if he puts in issue in his pleading:
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. The validity of the written agreement;
4. The existence of other terms agreed to by the parties or
their successors in interest after the execution of the written
agreement.
Demonics: FIVE
The term agreement includes wills.
(Section 9, Rule 130, Rules of Court)
What is the rationale behind PER?

1. To preserve the intention of the parties and their successors; and
2. To prevent modification or varying of terms.
What are the distinctions between BER and PER?

1. Purpose.
Best evidence generally prohibits.
Parol evidence
2. Who may invoke?
What are the rules on interpretation?

Interpretation of a writing according to its legal meaning
Hmmn.
Instrument construed so as to give effect to all provisions

Hmmn.
Interpretation according to intention; general and particular

provisions
Hmmn.
Interpretation according to circumstances

Hmmn.
Peculiar signification of terms

Hmmn.
Written words control printed

Hmmn.
Experts and interpreters to be used in explaining certain things

Hmmn.
Of two constructions, which preferred

Hmmn.
Construction in favor of a natural right

Hmmn.
Interpretation according to usage

Hmmn.
Who can be witnesses? / Who is a witness?

Any person who can perceive and in perceiving can make known his
perception to others. (Rule 130, Section 20 of the Rules of Court)
Religious or political belief, interest in the outcome of the case, or conviction
of a crime unless otherwise provided by law, shall not be a ground for
disqualification. (Rule 130, Section 20 of the Rules of Court)
What are the kinds of witnesses?

Indispensable & Dispensable
Most Important
Material
Corroborative & Cumulative
Child
Any person who at the time of giving testimony is below the age of eighteen
(18) years. In child abuse cases, a child includes one over eighteen (18)
years but is found by the court as unable to fully take care of himself or
protect himself from abuse, neglect, cruelty, exploitation, or discrimination
because of a physical or mental disability or condition. (Section 4 (a) of the Rule on
Examination of a Child Witness)
Is child witness examination rule applicable in civil

cases?
Yes. It is applicable in all criminal proceedings and non-criminal
proceedings. (Section 1 of the Rule on Examination of a Child Witness)
What is the scope of application of the Rule on

Examination of a Child Witness?
It shall govern the examination of child witnesses who are victims of
crime, accused of a crime, and witnesses to crime. It shall apply in all
criminal proceedings and non-criminal proceedings involving child
witnesses. (Section 1 of the Rule on Examination of a Child Witness)
What is the rule on competency of a child witness?

Every child is presumed qualified to be a witness. However, the court
shall conduct a competency examination of a child, motu proprio or on
motion of a party, when it finds that substantial doubt exists regarding
the ability of the child to perceive, remember, communicate,
distinguish truth from falsehood, or appreciate the duty to tell the truth
in court. (Section 6 of the Rule on Examination of a Child Witness)
Who has the burden of proof

competency of a child witness?
in
assailing
the
To rebut the presumption of competence enjoyed by a child, the

burden of proof lies on the party challenging his competence. (Section 6(b)
of the Rule on Examination of a Child Witness)
Qualified & Disqualified
A qualified witness is a witness who can perceive and in perceiving can make
known his perception to others.
A disqualified witness is a witness who is disqualified by law to be as such.
Competent & Credible

Competent witness is a witness who possesses all the qualifications and is
not disqualified by law to be as such.
Credible witness is a witness whose testimony is worthy of belief.
State
Perjured
A witness who gives false testimonies in a judicial proceeding while under
oath.
Biased
A witness who testifies with partiality or in favor of one party rather than with
the truth.
Plausible
A witness having an appearance of truth, merit or reason.
Rehearsed
A witness who testifies as to any questions and gives answers prepared by
his lawyer.
Honest
A witness who testifies based on truth and is not tainted with bad faith.
Expert & Ordinary

Expert witness is a person who testifies based on his opinion as to any
matter requiring special knowledge, skill, experience or training which he is
shown to possess. (Rule 130, Section 49 of the Rules of Court)
Ordinary witness is a person who testifies based on his opinion for which
proper basis is given regarding:

1.
2.
3.
4.
The identity of a person about whom he has adequate knowledge;

A handwriting with which he has sufficient familiarity;
The mental sanity of a person with whom he is sufficiently acquainted;
His impressions of the emotion, behavior, condition or appearance of a
person.
Demonics: MIHI beca
Eye-witness
A person who personally witnessed something that happened that is relevant
to a case.
Prevaricating
A witness who has given contradicting testimony.
(U.S. v. Cook; Riano, Evidence (The Bar
Lectures Series), 2009 Ed., page 249)
What is the order of examination of witnesses?

1.
2.
3.
4.
Direct examination by the proponent;

Cross-examination by the opponent;
Re-direct examination by the proponent;
Re-cross-examination by the opponent.
Who are those disqualified by law to be witnesses?

Disqualification by Reason of Mental Incapacity or Immaturity
Mental Incapacity
Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making
known their perception to others. (Rule 130, Section 21(a) of the Rules of Court)
Note: My version:
Those who can perceive and in perceiving, cannot make known their perception to others by reason of
their mental condition.
Mental 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. (Rule 130, Section 21(b) of the Rules of Court)
Note: amended by the Rule on Examination of a Child Witness, every child is presumed to be competent
unless the contrary is proved.
Disqualification by Reason of Marriage or 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 a civil
case by one against the other, or in a criminal case for a crime committed by
one against the other or the latters direct descendants or ascendants. (Rule
130, Section 22 of the Rules of Court)
What are the elements of spousal immunity?
What are the exceptions to spousal immunity?

1. Consent;
2. Waived by failure to object;
3. Estranged
What are the distinctions between Spousal Immunity

and
Disqualification
by
reason
of
privileged
communication?
1. Basis
In Spousal Immunity, the basis is Rule 130, Section 22 of the
Rules of Court.
In Disqualification by reason of privileged communication, the
basis is Rule 130, Section 24 of the Rules of Court.
2. Reason.
In Section 22, the reason is marriage.
In Section 24, the reason Is privileged communication.

3. When to invoke?
In Section 22, it may be invoked during the marriage.
In Section 24, it may be invoked during and after the marriage.
4. What kind of matters/communications?
In Section 22, it involves any matter.
In Section 24, it only involves confidential communications.
5. Matters/communications, when acquired?
In Section 22, it is applicable to those acquired before and during
their marriage.
In Section 24, it is applicable to those acquired during the
marriage.
Demonics: BRIKA
6. Status of the marriage.
In Section 22, the marriage must be existing at the time of
testimony.
In Section 24, the marriage need not be existing as long as the
communication was received during the marriage.
7. Whether or not a spouse is a party?
In Section 22, it may be invoked only when one of the spouses is
a party to the action.
In Section 24, it does not require that any of the spouses is a
party to the action.
8. Witness stand.
In Section 22, the married witness would not be allowed to take
the witness stand.
In Section 24, the married witness is on the stand and may only
raise objection when confidential marital communication is
inquired into.
9. Nature of prohibition.
In Section 22, the prohibition is absolute for or against the
spouse.
In Section 24, the prohibition applies only to confidential
communications.
Demonics: SPAWN
Disqualification by Reason of Death or Insanity of Adverse Party or

Dead Mans Statute or Survivorship Disqualification
Parties or assignors of parties 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 of unsound
mind. (Rule 130, Section 23 of the Rules of Court)
Note: Medyo magulo tong provision na to sa unang basahan. Eto ang mas ok na version. Inayos ko lang para mas
maintindihan:
Parties or assignors of parties to a case, or persons in whose behalf a case is
prosecuted;
Cannot testify as to any matter of fact occurring before the death of a
deceased person or before a person became of unsound mind;
Upon a claim or demand against the estate of such deceased person or
against such person of unsound mind;
Against an executor or administrator or other representative of a deceased
person, or against a person of unsound mind.
Disqualification by Reason of Privileged Communication

The following persons cannot testify as to matters learned in confidence in
the following cases:
Husband or the Wife or Spousal Privilege

The husband or the wife, during or after the marriage, cannot be
examined without the consent of the other as to any communication
received in confidence by one 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 latters direct
descendants or ascendants. (Rule 130, Section 24(a) of the Rules of Court)
What are the elements of spousal privilege?

1.
2.
3.
4.
Valid marriage;
Privilege communication;
Such communication was acquired during the marriage;
Not to be used in a civil case against
What are the exceptions to spousal privilege?

1. Civil;
2. Criminal;
3. Consent;
4. Waiver by failure to object;
5. Not privileged;
6. To be made public;
7. Unlawful;
8. Acquired before the marriage;
9. Overheard;
10. Dying declaration
Attorney-Client Privilege
An attorney cannot, without the consent of his client, be examined as
to any communication made by the client to him, or his advice given
thereon in the course of, or with a view to, professional employment,
nor can an attorneys 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. (Rule 130,
Section 24(b) of the Rules of Court)
Note: This rule applies to a law student appearing in court under the Law Student Practice Rule, Rule 138-A
of the Rules of Court.
Who is an attorney?
Every applicant for admission a member of the bar must be:
1.
2.
3.
4.
5.
A citizen* of the Philippines;

At least twenty-one years of age;
Of good moral character;
And a resident of the Philippines;
Must produce before the SC satisfactory evidence of good moral character;
6. And that no charges against him, involving moral turpitude, have been filed
or are pending in any court in the Philippines;

*natural-born
7. Duly admitted as a member of the bar;

8. And who is in good and regular standing;
9. Must satisfactorily show that they have regularly studied law for four years,
and successfully completed all prescribed courses, in a law school or

university, officially approved and recognized by the Secretary of Education;
10. Must have pursued and satisfactorily completed in an authorized and
recognized university or college a pre-law course.
(Rule 138, Section 6 of the Rules of
Court)
11. Must pass the bar examinations; (Rule 138, Section 14 of the Rules of Court)
12. Must take the lawyers oath; (Rule 138, Section 17 of the Rules of Court)
13. Must sign the roll of attorneys. (Rule 138, Section 19 of the Rules of Court)
What are the elements of attorney-client

privilege?
What is the coverage of attorney-client privilege?

It also applies to pleadings, documents and information.
What are the exceptions to attorney-client

privilege?
1.
2.
3.
4.
5.
6.
7.
8.
Consent;
Case of one against the other;
Waiver by failure to object;
Not privileged;
To be made public;
Unlawful;
Irrelevant;
Overheard;
Person Authorized to Practice Medicine, Surgery or Obstetrics
or Doctor-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 may 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. (Rule 130, Section 24(c)
What are
privilege?
What are
privilege?
1.
2.
3.
4.
5.
6.
7.
the
the
elements
of
doctor-patient
exceptions
to
doctor-patient
Criminal;
Consent;
Waiver by failure to object;
Not privileged;
Not in view of professional employment;
Overheard;
To be made public like in the case of autopsy
Minister or Priest or Priest-Penitent Privilege

A minister or priest 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 minister or priest
belongs. (Rule 130, Section 24(d) of the Rules of Court)
What are
privilege?
What are
privilege?
the
the
elements
of
priest-penitent
exceptions
to
priest-penitent
1. Consent;
2. Waiver by failure to object;
3. Not penitentiary in character like a crime is
about to be committed;
4. Not in view of professional character;
5. Confession was made to a non-priest;
6. Overheard.
Public Officer or State Secrets Privilege

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 that
disclosure. (Rule 130, Section 24(e) of the Rules of Court)
What are the elements of state secrets privilege?
What are
privilege?
the
exceptions
to
state
secrets
Disqualification by Reason of Parental and Filial Privilege

No person may be compelled to testify against his parents, other direct
ascendants, children or other direct descendants. (Rule 130, Section 25 of the Rules of
Court)
Parental Privilege
No person may be compelled to testify against his parents.
(Rule 130,
Filial Privilege
No person may be compelled to testify against his direct ascendants,
children or other direct descendants. (Rule 130, Section 25 of the Rules of Court)
Is the rule on privileged communication applicable in

electronic evidence?
Yes, because the confidential character of the privileged communication is
not lost on the ground that it is in the form of an electronic evidence.
(Question
# 25, San Sebastian Remedial Law Mock Bar 2012, by Dean Tan, page 8 of 24)
What is "One-day, one-witness Rule"?
What is the "Most Important Witness Rule?"
What is tender of excluded evidence? / What is proffer of

evidence?
In Case of Object or Documentary Evidence
The offeror may have the same attached to or made part of the record.
(Rule
132, Section 40 of the Rules of Court)
In Case of Oral or Testimonial Evidence

The offeror may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony.
What is presumption?
Inference of the existence or non-existence of a fact which courts are
permitted to draw from proof of other facts. (In the Matter of the Intestate Estates of Delgado
and Rustia, G.R. No. 175733, January 27, 2006)
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. (Blacks Law Dictionary, 5th Ed., page 1067)
Inference which is mandatory unless rebutted.
(9 Am Jur 29)
What are those conclusive presumptions?

Estoppel in Pais / Estoppel by Conduct or Deed
Whenever a party has, by his own declaration, act or omission, intentionally
and deliberately led another to believe a particular thing is true, and to act
upon such belief, he cannot, in any litigation arising out of such declaration,
act or omission, be permitted to falsify it. (Rule 131, Section 2 of the Rules of Court)
Lessors Title of Better Right of Possession

The tenant is not permitted to deny the title of his landlord at the time of the
commencement of relation of landlord and tenant between.
Conclusiveness of Judgment
Facts and issues, actually and directly resolved in a former suit cannot again
be raised in any future case between the same parties, even if the latter suit
may involve a different cause of action. (Tan v. C.A., G.R. No. 142401, August 20, 2001)
What is the
judgment?
presumption
with
respect
to
foreign
Note: This was asked in the 2007 Bar Examinations

See 47 48 37 38 in re 131
What is the presumption with respect to foreign laws?

Doctrine of Processual Presumption- when invoking a foreign law, evidence of
foreign law is the same as the Philippine law.
What are the presumptions in case of DNA Test Results?

1. DNA Results that exclude the putative parent from paternity shall be
conclusive proof of non-paternity;

2. If the value of the Probability of Paternity is less than 99.9%, the results of
the DNA testing shall be considered as corroborative evidence;

3. If the value of the Probability of Paternity is 99.9% or higher, there shall be a
disputable presumption of paternity.
What are
Evidence?
the
disputable
presumptions
in
Electronic
In Relation to Electronic Signatures

1. The electronic signature is that of the person to whom it correlates;
2. The electronic signature was affixed by that person with the intention of
authenticating or approving the electronic document to which it is related or

to indicate such persons consent to the transaction embodied therein; and
3. The methods or processes utilized to affix or verify the electronic signature
operated without error or fault.
In Relation to Digital Signatures

1. The information contained in a certificate is correct;
2. The digital signature was created during the operational period of a
certificate;
3. The message associated with a digital signature has not been altered from
the time it was signed; and
4. A certificated had been issued by the certification authority indicated
therein.
What is res inter alios acta rule?

It is a doctrine wherein rights of the party cannot be prejudiced by an act,
declaration or omission of another. (Question # 5, San Sebastian Remedial Law Mock Bar 2012, by
Dean Tan, page 3 of 24)
What are the exceptions to the res inter alios acta

rule?
What is the rule on unaccepted offer?

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 the money, instrument, or
property. (Rule 130, Section 35 of the Rules of Court)
What is the substantive

unaccepted offer?
basis
of
the
rule
on
Article 1256 of the New Civil Code.
What is an admission?
An act, declaration or omission of a party as to a relevant fact.
(Rule 130, Section 26
What are the kinds of admissions?

Judicial
Admission, verbal or written, made by a party in the course of judicial
proceedings in the same case. (Rule 129, Section 4 of the Rules of Court)
Extrajudicial
Admission, verbal or written, made by a party not in the course of
judicial proceedings or if made in the course of judicial proceedings, it

is not in the same case.
Express
Admission by positive statement or act.
(Riano, Evidence (The Bar Lectures Series)
2009 Ed., page 117)
Adoptive
Admission by a person manifesting his assent to the statements of
another person. (Blacks Law Dictionary, 5th Ed., page 44)
Implied
Admission which may be inferred from the declarations or acts of
person. (Riano, Evidence (The Bar Lectures Series) 2009 Ed., page 117)
What are those implied admissions in civil cases?

1.
2.
3.
4.
Actionable documents;
Allegations of usury in a complaint;
Request for written admission in Rule 26;
One in Rule 25
What
criminal cases?
are
those
implied
admissions
in
1. Admission by silence;
2.
Unaccepted offer;
What is the substantive basis of the rule on unaccepted

offer?
1. Admission by a co-conspirator;
2. Offer of compromise in criminal cases, except when it involves quasi-offenses
(or those involving criminal negligence) or those allowed by law to be

compromised.
What are those cases allowed by law to be compromised?
What is a confession?
Declaration of an accused acknowledging his guilt of the offense charged, or
of any offense necessarily included therein, which may be given in evidence
against him. (Rule 130, Section 33 of the Rules of Court)
What are the kinds of confessions?

Judicial
Confessions made in the course of judicial proceedings.
(Perry v. Simpson,
Conn. 133; 29A Am Jur, 711)
Extra-judicial
Confessions made out of court or even in a proceeding other than one
under consideration. (Perry v. Simpson, Conn. 133; 29A Am Jur, 711)
What is the constitutional basis of extra-judicial

confession?
Art. III, Sec. 12 of the 1987 Constitution
What is the principle of interlocking confession?

If the accused persons voluntarily and independently executed identical
confessions without collusion, which confessions are corroborated by other
evidence and without contradiction by the accused who was present, such
confessions are admissible in evidence. (Question # 56, San Sebastian Remedial Law Mock Bar
2012, by Dean Tan, page 15 of 24))
What are the

admission?
distinctions
between
confession
and
1. Definition.
Confession is the declaration of an accused acknowledging his guilt of

the offense charged, or of any offense necessarily included therein,
which may be given in evidence against him. (Rule 130, Section 33 of the Rules of
Court)
Admission is an act, declaration or omission of a party as to a relevant

fact. (Rule 130, Section 26 of the Rules of Court)
2. What is acknowledged/admitted?
In confession, what is acknowledged is the guilt of the offense charged,

or of any offense necessarily included therein.
In admission, what is admitted is the act, declaration or omission as to
a relevant fact.
3. Which is broader?
Confession is a specific type of admission which refers only to an

acknowledgment of guilt. (Riano, Evidence (The Bar Lectures Series), 2009 Ed., page 114)
Admission in a general sense includes confessions, which refers to
acknowledgment of facts which although may be incriminating falls
short of an admission of guilt. (Riano, Evidence (The Bar Lectures Series), 2009 Ed., page
114)
4. May it be implied?
Confession cannot be implied.
(Riano, Evidence (The Bar Lectures Series), 2009 Ed., page
114)
Admission may be implied.
(Riano, Evidence (The Bar Lectures Series), 2009 Ed., page 114)
5. Coverage.
Confession covers declaration.
(Riano, Evidence (The Bar Lectures Series), 2009 Ed., page
114)
Admission covers not only declarations, but also acts or omissions.

(Riano, Evidence (The Bar Lectures Series), 2009 Ed., page 114)
Demonics: DABIC
What is negative pregnant?

It is a negative implying also an affirmative and which although is stated in a
negative form really admits the allegations to which it relates (Blacks Law, 5 Ed,
th
page 930)
What is hearsay evidence?

An out of court statement offered for the truth of the matter asserted.
(People v.
DeMarco)
What is the coverage of hearsay evidence?

It applies to object, documentary and testimonial evidence.
What is an independent relevant statement?

It is the doctrine which states that a statement may have relevance to an
issue in a case from the mere fact that the words were spoken or written,
irrespective of the truth or falsity of the assertion and not admissible in
evidence. (Question # 2, San Sebastian Remedial Law Mock Bar 2012, by Dean Tan, page 2 of 24)
What is burden of proof?
Burden of proof is the duty of a party to present evidence on the facts in

issue necessaryto establish his claim or defense by the amount of evidence
required by law. (Rule 131, Section 1 of the Rules of Court)
What are the two (2) concepts of burden of proof and

explain each?
1. Burden of going forward - partys obligation of producing evidence; and
2. Burden of persuasion - burden of persuading the trier of fact that the
burdened party is entitled to prevail.
What are the distinctions between burden of proof and

burden of evidence?
1. Definition.
Burden of proof is the duty of a party to present evidence on the facts
in issue necessaryto establish his claim or defense by the amount of
evidence required by law. (Rule 131, Section 1 of the Rules of Court)
Burden of evidence is the duty of a party to provide evidence at any
stage of the trial until he has established a prima facie case, or the like
duty of the adverse party to meet and overthrow that prima facie case
thus established. In both civil and criminal cases, the burden of
evidence lies on the party who asserts an affirmative allegation.
(Regalado, Vol. II, 2008 Ed., page 817)
2. Whether it shifts.
Burden of proof does not shift as it remains throughout the entire case
exactly where the pleadings originally placed it. (UST Golden Notes 2012,
Remedial Law, page 297)
Burden of evidence shifts to the other party when one party has
produced sufficient evidence to be entitled to a ruling in his favor. (UST
Golden Notes 2012, Remedial Law, page 297)
3. What/who determines it.

Burden of proof is generally determined by the pleadings filed by the
party; and whoever asserts the affirmative of the issue has the burden
of proof. (UST Golden Notes 2012, Remedial Law, page 297)
Burden of evidence is generally determined by the developments at
the trial, or by the provisions of the substantive law or procedural rules
which may relieve the party from presenting evidence on the fact
alleged. (UST Golden Notes 2012, Remedial Law, page 297)
4. Effect of a legal presumption
Legal presumption does not shift the burden of proof. However, the one
who has the burden of proof is relieved from the time being, from
introducing evidence in support of his averment because the
presumption stands in the place of evidence. (Francisco, 1992 Ed.. page 356)
Legal presumption creates a prima facie case and thereby sustains the
said burden of evidence on the point which it covers, shifting it to the
other party. It relieves those favored thereby of the burden of proving
the fact presumed. (UST Golden Notes 2012, Remedial Law, page 297)
Demonics: DEDS
What is a presumption?
Assumption of fact resulting from a rule of law which requires such facts to
be assumed from another fact or group of facts found or otherwise
established in the action. (Blacks Law, 5th Ed.,)
What is an inference?
Factual conclusion that can rationally be drawn from other facts.
Identics Corp. v. Southern Pacific Corporation Co.)
(Computer
What is the
inference?
distinction
between
presumption
and
Presumption is mandated by law and establishes a legal relation between or

among the facts.
Inference is not mandated by law and need not have a legal effect. It is a
result of a reasoning process.

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POISON NOTES

REMEDIAL LAW REVIEW 2

What is the nature of evidence?

What is the exception to the rule that the Rules

When is evidence required?

(San Beda Memory Aid 2012, Remedial Law, p. 357)

When is evidence not required?

What are the distinctions between evidence and proof?

Proof is the probative effect of evidence and is the conviction or

2. Cause and effect.

What is the distinction between factum probans and

What are the limitations on the application of evidence?

What are those "other cases" referred to?

What are the exceptions?

What is the exception to the exceptions? / What

Are the Rules on Evidence

Generally, no. Except by analogy or in a suppletory character and

What rule then shall govern impeachment

What are the sources of evidence?

Rules of Court, like

R.A. 6981 (Witness Protection Program)

What are the constitutional provisions in relation to

Article III, Section 1

Article III, Section 2

Article III, Section 3

Article III, Section 12

Article III, Section 13

Article III, Section 14

Article III, Section 17

No person shall be compelled to be a witness against himself.

Is the right against self-incrimination applicable in

Is the right against self-incrimination available to a

Article III, Section 23

What is an ex post facto law?

What is a bill of attainder?

It substitutes legislative fiat* for a judicial determination of guilt. Thus,

Article VIII, Section 5 (5)

What are the kinds of evidence?

Documentary evidence are those consisting of writings or any material

Primary, Secondary & Parol Evidence

Parol Evidence are those evidence aliunde* which is intended or tends to

Intrinsic & Extrinsic Evidence

Positive & Negative Evidence

Clear and Convincing, Substantial, Preponderance of, Prima Facie,

Preponderance of Evidence means greater or superior weight of evidence.

Prima Facie Evidence refers to a fact presumed to be true unless rebutted.

Direct & Circumstantial Evidence

Circumstantial Evidence is that which indirectly proves a fact in issue through

When is circumstantial evidence sufficient to convict

4. There is no other direct evidence.

Cumulative & Corroborative Evidence

Corroborative Evidence is one that is supplementary to that already given

Rebuttal & Sur-rebuttal Evidence

Admissible, Material & Credible Evidence

Admissible Evidence is one that is relevant and competent.

(San Beda Memory Aid

2012, Remedial Law, page 359)

Material Evidence is that which is directed to prove a fact in issue as

Relevant & Competent Evidence

Section 3 of the Rules of Court)

Viva Voce Evidence

Admissible & Inadmissible Evidence

What are the two (2) tests of admissibility?