DE LA SALLE UNIVERSITY

College of Law
Manila

REMEDIAL LAW REVIEW 2

PART III
EVIDENCE
OUTLINE 2018
Atty. Ramon S. Esguerra

Read:

(1) Relevance and Materiality, Prof. John W. Reed

(2) Evidence as a Means of Proof, Prof. John W. Reed

II

(1) Rule on Examination of Child Witness (A.M. No. 00-4-07-SC)

i. Applicability
ii. Meaning of “Child witness”
iii. Competency of Child witness; Competency Examination
1. People of the Philippines v. Edison Magbitang, G.R. No.
175592, 14 June 2016.
iv. Examination of a child witness
1. People of the Philippines v. Rene Santos, G.R. No.
172322, 8 September 2006.
2. People of the Philippines v. Cerilo Ilogon, G.R. No.
206294, 29 June 2014.
v. Live-link TV testimony of a child witness
vi. Videotaped deposition of a child witness
vii. Hearsay exception in child abuse cases.
viii. Sexual Abuse shield rule
ix. Protective Orders

(2) Rule in DNA Evidence (A.M. No. 06-11-5-SC)

 People of the Philippines v. Lucero, G.R. No. 188705, 2 March 2011.

i. Meaning of DNA
ii. Who may issue a DNA Testing Order
iii. Conditions of Issuance of a DNA Testing Order
1. Lucas v. Lucas, G.R. No. 190710, 6 June 2011
iv. Contents of DNA Testing Order
v. Post-Conviction DNA Testing; Remedy
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1. Lejano v. People of the Philippines, G.R. No. 176389, 14

December 2010.
vi. Factors considered in the Assessment of Probative Value of
DNA Evidence
1. People of the Philippines v. Vallejo, G.R. No. 144656, 9
May 2002.
2. People of the Philippines v. Yatar, G.R. No. 150224, 19
May 2004.
vii. Evaluation of DNA Testing Results
viii. DNA Testing Orders in Paternity and Filiation Suits
1. Estate of Rogelio G. Ong v. Minor Joanne Rodjin Diaz,
G.R. No. 171713, 17 December 2007.
2. People of the Philippines v. Umanito, G.R. No. 172607,
26 October 2007.

(3) Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

i. Scope
1. A.M. No. 01-7-01 SC, Re: Expansion of the Coverage of
the Rules on Electronic Evidence, 24 September 2002.
ii. Meaning of electronic document
1. MCC Industrial Sales Corporation v. Ssangyong
Corporation, G.R. No. 170633, 17 October 2007
2. National Power Corporation v. Codilla, G.R. No. 170491,
3 April 2007.
iii. Meaning of electronic signature
iv. Evidentiary weight of electronic documents
v. Integrity of an information and communication system
vi. Method of proof
vii. Authentication of Electronic Documents
viii. Authentication of Electronic Signatures
1. Rustan Ang v. Court of Appeals, G.R. No. 182935, 20
April 2010.
ix. Business Records; Exception to Hearsay Rule
x. Ephemeral Evidence
1. People of the Philippines v. Enojas, G.R. No. 204894, 10
March 2014.
2. Ella Bartolome v. Rosalie Maranan, A.M. No. P-11-2979 ,
18 November 2014.
3. Vidallon-Magtolis v. Salud, A.M. No. CA-05-20-P, 9
September 2005.

(4) Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

i. Scope
ii. Submission of Judicial Affidavits and Exhibits
iii. Contents of Judicial Affidavits
iv. Effect of False Attestation
v. Examination of the witness on his Judicial Affidavit
1. Ng Meng Tam v. China Banking Corporation, G.R. No.
214054, 5 August 2015.
vi. Application of Judicial Affidavit Rule to Criminal Actions
vii. Effect of Non-Compliance with the Judicial Affidavit Rule
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(5) Guidelines to be observed by Trial Court Judges and Clerks of

Court in the conduct of Pre-Trial and use of Deposition-Discovery
Measures(A.M. No. 03-1-09 SC)

i. One-Day Examination of Witness Rule vs. Most Important

Witness Rule

(6) Pilot Rules for Preliminary Conference and Trial on the Issues
(A.M. No. 14-03-02-SC)

i. Scope
ii. Preliminary Conference
a. Appearance of Parties
b. Non-appearance; when non-appearance may be excused
c. Decision as in default; Remedy

iii. Trial of Issues

a. Alternate Trial
b. Face-to-face Trial
c. Options for trying the issues
d. Common Rules governing alternate and face-to-face trials

III.
Rules 128-132, Rules of Court

A. Preliminary Considerations

Rule 128. General Provisions

Sec. 1. Evidence defined

Sec. 2. Scope
Sec. 3. Admissibility of evidence
1. People of the Philippines v. Castro, G.R. No. 172874, 17 December
2008.
Sec. 4. Relevancy; collateral matters

B. Admissibility

Rule 130. Rules of Admissibility

A. Object (Real) Evidence

Sec. 1. Object as evidence

1. Autoptic Preference (see Balingit v. COMELEC, G.R.
No. 170300, 9 February 2007).

2. Chain of Custody
a. People of the Philippines v. Dalawis, G.R. No.
179128, 9 November 2015.
b. People of the Philippines v. Punzalan, G.R. No.
199087, 11 November 2015.
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c. Carlito Valencia v. People of the Philippines, G.R.

No. 198804, 22 January 2014.
d. People of the Philippines v. Joselito Beran, G.R. No.
203028, 15 January 2014.
e. People of the Philippines v. Ortega, G.R. No. 207392,
2 July 2014
f. People of the Philippines v. Edaño, G.R. No. 188133,
7 July 2014.
g. People of the Philippines v. Fang, G.R. No. 199874,
23 July 2014.
h. People of the Philippines v. Lafaran, G.R. No.
208015, 14 October 2015.
i. People of the Philippines v. Quim, G.R. No. 213919,
15 June 2016.
j. People of the Philippines v. Enrique Miranda, G.R.
No. 206880, 29 June 2016.
k. People of the Philippines v. Fermin and Madayag,
Jr., G.R. No. 179344, 3 August 2011.
l. People of the Philippines v. Quiamanlon, G.R. No.
191198, 26 January 2011.
m. People of the Philippines v. Andres, G.R. No.
193184, 7 February 2011.
n. People of the Philippines v. Morales, G.R. No.
188608, 9 February 2011.
o. People of the Philippines v. Presas, G.R. No. 182525,
2 March 2011.
p. People of the Philippines v. Punzalan, G.R. No.
199087, 11 November 2015.
q. People of the Philippines v. Martin, G.R. No.
193234, 19 October 2011.

3. Equipoise or equiponderance doctrine

a. Rivera v. Court of Appeals, G.R. No. 115625, 23
January 1998
b. Municipality of Candijay, Bohol v. Court of
Appeals, 251 SCRA 530
c. Bernardino v. People of the Philippines, G.R. Nos.
170453 and 170518, 30 October 2006

B. Documentary Evidence

Sec. 2. Documentary Evidence

 U.S. v. Orera, 11 Phil 596

1. Best Evidence Rule

a. Heirs of Prodon v. Heirs of Alvarez and Clave, G.R.
No. 170604, 2 September 2013.
b. Lee v. People of the Philippines, G.R. No. 159288, 19
October 2004.
Sec. 3. Original document must be produced; exceptions
Sec. 4. Original of document
2. Secondary Evidence
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Sec. 5. When original document is unavailable

Sec. 6. When original document is in adverse party’s custody or control
Sec. 8. Party who calls for document not bound to offer it.
3. Parol Evidence Rule
a. Spouses Para v. Kimwa Construction and
Development, G.R. No. 171601, 8 April 2015.
b. Carganillo v. People of the Philippines, G.R. No.
182424, 22 September 2014.
c. Guzman v. Calma, 100 Phil 1008.
Sec. 7. Evidence admissible when original document is a public record
Sec. 9. Evidence of written agreements
4. Interpretation of documents
Sec. 10. Interpretation of a writing according to its legal meaning
Sec. 11. Instrument construed so as to give effect to all provisions
Sec. 12. Interpretations according to intention; general and particular
provisions
Sec. 13. Interpretation according to circumstances
Sec. 14. Peculiar signification of terms
Sec. 15. Written words control printed
Sec. 16. Experts and interpreters to be used in explaining certain writings
Sec. 17. Of two constructions, which preferred
Sec. 18. Construction in favor of natural right
Sec. 19. Interpretation according to usage

C. Testimonial Evidence
1. Qualification of witnesses

Sec. 20. Witnesses; their qualifications

 People of the Philippines v. Manuel Pruna, G.R. No. 138471, 10
October 2002.
 People of the Philippines v. Banzuela, G.R. No. 202060, 11 December
2013.
Sec. 21. Disqualification by reason of mental incapacity or immaturity
 People of the Philippines v. Dominguez, G.R. No. 191065, 13 June
2011.
 People of the Philippines v. Mendoza, G.R. No. 113791, 22 February
1996.
 People of the Philippines v. Rosales, G.R. No. 197537, 24 July 2013.
 People of the Philippines v. Maceda, G.R. No. 138805, 28 February
2001.
 People of the Philippines v. Pansensoy, G.R. No. 140634, 12
September 2002.
 People of the Philippines v. Quidato, G.R. No. 117401, 1 October
1998.
 Alvarez v. Ramirez, G.R. No. 143439, 14 October 2005.
Sec. 22. Disqualification by reason of marriage
Sec. 23. Disqualification by reason of death or insanity of adverse party
 Bajenting v. Bañez, G.R. No. 166190, 20 September 2006
 Lichuaco v. Atlantic Gulf, G.R. No. L-2016, 23 August 1949
 Ong Chua v. Carr, 53 Phil 975
 Go Chi Gun v. Co Cho, 96 Phil 622
 Tongco v. Vianzon, 50 Phil 698
 Mendezona v. Vda. De Goitia, 54 Phil 557
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 Icard v. Marasigan, 71 Phil 419

 Goni, et al., v. Court of Appeals, et al. 144 SCRA 231
 Marella v. Reyes, 12 Phil 1.
 Tongco v. Vianzon, 50 Phil 698
 Arroyo v. Azur, 76 Phil 493

Sec. 24. Disqualification by reason of privileged communication

 Lacurom v. Jacoba, A.C. No. 5921, 10 March 2006

 Disini v. Sandiganbayan, G.R. No. 180564, 22 June 2010
 Regala v. Sandiganbayan, G.R. No. 105938, 20 September 1996
 Lim v. Court of Appeals, G.R. no. 91114, 25 September 1992
 Banco Filipino v. Monetary Board, 142 SCRA 523

2. Testimonial privilege

Sec. 25. Parental and filial privilege

3. Admissions and confessions

Sec. 26. Admissions of a party

 Narra Nickel Mining and Development Corp. v. Redmonet
Consolidated Mines Corp., G.R. No. 195580, 21 April 2014.
 Reyes v. Ombudsman, G.R. Nos. 212593-94, 15 March 2016
Sec. 27. Offer of compromise not admissible
Sec. 28. Admission by third party
Sec. 29. Admission by co-partner or agent
Sec. 30. Admission by conspirator
 Tamargo v. Antiporda, G.R. No. 1777727, 19 January 2010
 People v. Serrano, G.R. No. L-7973, 27 April 1959
Sec. 31. Admission by privies
Sec. 32. Admission by silence
 People v. Ciobal, G.R. No. 86220, 20 April 1990
 People v. Ranario, 49 Phil 220
 U.S. v. Dela Cruz 12 Phil 87
 People v. Fong, G.R. No. L-7615, 14 March 1956
 Villanueva v. Balaguer, G.R. No. 180197, 23 June 2009
Sec. 33. Confession
 People v. Domantay, G.R. No. 130612, 11 May 1999
 People v. De Leon, G.R. No. 180762, 4 March 2009
 People v. Garcia, 99 Phil 381
 People v. Sasota 91 Phil 111
 People v. Moro Ansang, 93 Phil 44
 People v. Niem, 75 Phil 668
 People v. Nocum, 77 Phil 1018
 Tamargo v. Awingan, G.R. No. 177727, 19 January 2010
 People v. Condemna, L-22426, 29 May 1968
 People v. Victor, G.R. No. 75154-55, 6 February 1990
 People v. Velarde, G.R. No. 139333, 18 July 2002
 People v. Tampus, G.R. No. L-44690, 28 March 1980.
 People v. Mantung, G.R. No. 130372, 20 July 1999

4. Previous conduct as evidence

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Sec. 34. Similar acts as evidence

Sec. 35. Unaccepted offer

5. Testimonial knowledge

Sec. 36. Testimony generally confined to personal knowledge; hearsay

excluded
 Savory Luncheonette v. Lakas ng Manggagawang Pilipino, G.R. No.
L-38964, 31 January 1975
 People v. Parungao, G.R. No. 125812, 28 November 1996
 Mollaneda v. Umacob, G.R. No. 140128, 6 June 2001
 Republic v. Heirs of Alejega, G.R. No. 146030, 3 December 2002
 Estrada v. Ombudsman, G.R. Nos. 212140-41, 21 January 2015.

6. Exceptions to the hearsay rule

Sec. 37. Dying Declaration

 People v. Serenas, G.R. No. 188124, 29 June 2010
 People v. Bautista, G.R. No. 111149, 5 September 1997
 People v. Gatarin, G.R. No. 198022, 7 April 2014
 People v. Tanaman, et al., G.R. No. 71768, 28 July 1987
 People v. Ola, G.R. No. L-47147, 3 July 1987
Sec. 38. Declaration against interest
 Fuentes v. Court of Appeals, G.R. No. 111692, 9 February 1996
 Parel v. Prudencio, G.R. No. 146556, 19 April 2006
 Unchuan v. Lozada, G.R. No. 172671, 16 April 2009
 Lazaro v. Agustin, G.R. No. 152364, 15 April 2010
Sec. 39. Act or declaration about pedigree
 People v. Soriano, G.R. No. 154278, 27 December 2002
Sec. 40. Family reputation or tradition regarding pedigree
Sec. 41. Common reputation
Sec. 42. Part of the res gestae
 Capila v. People, G.R. No. 146161, 17 July 2006
 Maturillas v. People, G.R. No. 163217, 18 April 2006
 People v. Feliciano, G.R. No. 196735, 5 May 2014
 Talidano v. Falcom Maritime & Allied Services, Inc., G.R. No.
172031, 14 July 2008.
 People v. Estibal, G.R. No. 208749, 26 November 2014
Sec. 43. Entries in the course of business
 Jose, Jr. v. Michaelmar Phils., Inc., et al., G.R. No. 169606, 27
November 2009
 LBP v. Monet’s Export and Manufacturing Corp., G.R. No. 184971,
19 April 2010
Sec. 44. Entries in official records
 Alvarez v. PICOP Resources, G.R. No. 162243, 3 December 2009
 Africa v. Caltex, 123 Phil 272
 Malayan Insurance Co., Inc. v. Alberto, G.R. No. 194320, 1 February
2012
Sec. 45. Commercial lists and the like
 PNOC Shipping v. Court of Appeals, G.R. No. 107518, 8 October
1998
Sec. 46. Learned treatises
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Sec. 47. Testimony or deposition at a former proceeding

 Republic v. Sandiganbayan, G.R. No. 152375, 16 December 2011

7. Opinion rule

Sec. 48. General rule

Sec. 49. Opinion of expert witness
 Tabao v. People, G.R. No. 187246, 20 July 2011
 Casumpang, et al. v. Cortejo, G.R. No. 171127, 11 March 2015
 Garbo v. Spouses Garabato, G.R. No. 200013, 14 January 2015
 Rosit v. Davao Doctors Hospital, et al., G.R. No. 210445, 7 December
2015

Sec. 50. Opinion of ordinary witnesses

8. Character evidence

Sec. 51. Character evidence not generally admissible; exceptions

C. Burden of Proof and What Need Not be Proved

Rule 131. Burden of Proof and Presumptions

Sec. 1. Burden of proof

Sec. 2. Conclusive presumptions
Sec. 3. Disputable presumptions
 Lastrilla v. Granada, G.R. No. 160257, 31 January 2006
Sec. 4. No presumption of legitimacy or illegitimacy

Rule 129. What Need Not Be Proved

Sec. 1. Judicial notice, when mandatory

Sec. 2. Judicial notice, when discretionary
 PAL v. CA, 257 SCRA 33 (1997)
 Mandarin Villa v. CA, 257 SCRA 538 (1997)
 Bughaw, Jr. v. Treasure Isle Industrial Corporation, G.R. No. 169606,
27 November 2009.
Sec. 3. Judicial notice, when hearing necessary
Sec. 4. Judicial admissions
 Cuenco v. Talisay Tourist Sports Complex, G.R. No. 174154, 17
October 2008
 Republic v. Guanzon, 61 SCRA 360
 Alzua v. Johnson, 21 Phil 308
 City of Manila v. Garcia (1967)
 U.S. v. Blanco, 27 Phil 126.

D. Presentation of Evidence

Rule 132. Presentation of Evidence

A. Examination of Witnesses
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Sec. 1. Examination to be done in open court

Sec. 2. Proceedings to be recorded
Sec. 3. Rights and obligations of a witness
Sec. 4. Order in the examination of an individual witness
Sec. 5. Direct examination
Sec. 6. Cross-examination; its purpose and extent
Sec. 7. Re-direct examination; its purpose and extent
Sec. 8. Re-cross examination
Sec. 9. Recalling witness
 Clarin v. Yatco, 56 O.G. 7042, 14 November 1960
 People v. Moreno, 83 Phil 286
 People v. Ferrer 44 O.G. 112
 People v. Bedia, 83 Phil. 909
 People v. Bulagao, G.R. No. 184757, 5 October 2011
Sec. 10. Leading and misleading questions
Sec. 11. Impeachment of adverse party’s witness
Sec. 12. Party may not impeach his own witness
Sec. 13. How witness impeached by evidence of inconsistent statements
Sec. 14. Evidence of good character of witness
Sec. 15. Exclusion and separation of witnesses
Sec. 16. When witness may refer to memorandum
Sec. 17. When part of transaction, writing or record given in evidence, the
remainder admissible
Sec. 18. Right to inspect writing shown to witness

B. Authentication and Proof of Documents

Sec. 19. Classes of documents

Sec. 20. Proof of private document
Sec. 21. When evidence of authenticity of private document not necessary
Sec. 22. How genuineness of handwriting proved
 Domingo v. Domingo, G.R. No. 150897, 11 April 2005
 Bautista v. Castro, G.R. No. 81260, 17 February 1992
Sec. 23. Public documents as evidence
 Alado v. Alcoran, G.R. No. 163362, 8 July 2015
Sec. 24. Proof of official record
Sec. 25. What attestation of copy must state
 Wildvalley Shipping Co. Ltd. v. CA, G.R. No. 119602, 6 October 2000
 Noveras v. Noveras, G.R. No. 188289, 20 August 2014
Sec. 26. Irremovability of public record
Sec. 27. Public record of a private document
 Republic v. Sandiganbayan, G.R. No. 18881, 21 April 2014
Sec. 28. Proof of lack of record
Sec. 29. How judicial record impeached
Sec. 30. Proof of notarial documents
Sec. 31. Alterations in document, how to explain
Sec. 32. Seal
Sec. 33. Documentary evidence in an unofficial language

C. Offer and Objection

Sec. 34. Offer of evidence

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 Laborte and Philippine Tourism Authority v. Pagsanjan Tourism

Consumers Cooperative, G.R. No. 183860, 15 January 2014.
 Heirs of Serapio Mabborang v. Mabborang, G.R. No. 182805, 22
April 2015.
Sec. 35. When to make offer
Sec. 36. Objection
Sec. 37. When repetition of objection unnecessary
Sec. 38. Ruling
Sec. 39. Striking out answer
Sec. 40. Tender of excluded evidence

IV.

Rule 133. Weight and Sufficiency of Evidence

Sec. 1. Preponderance of evidence, how determined

Sec. 2. Proof beyond reasonable doubt
Sec. 3. Extrajudicial confession, not sufficient ground for conviction
Sec. 4. Circumstantial evidence, when sufficient
 Almojuela v. People of the Philippines, G.R. No. 183202, 2 June 2014
 Atienza v. People, G.R. No. 188694, 12 February 2014
 People v. Bas, G.R. No. 195196, 13 July 2015
Sec. 5. Substantial evidence
Sec. 6. Power of the court to stop further evidence
Sec. 7. Evidence on motion