Evidence Regalado Book Outline

RULES OF EVIDENCE
Based on the Book of Regalado Other Laws Governing Evidence

- GR: Rules of evidence is governed by the Rules of Court (RoC)
[RULE 128] - EXC: Application of other laws
GENERAL PROVISIONS Examples:
- RA 4200 (Anti Wiretapping),
Sec 1. Evidence defined. - Code of Commerce (weight of entries in merchant books)
- Electronic Commerce Act
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial - NCC, RPC
proceeding the truth respecting a matter of fact. (1) - Constitution: Bill of Rights - Art III
o Sec 2: The right of people against unreasonable searches and
Sec. 2. Scope. seizures
o Sec 3: The privacy of communication and correspondence
The rules of evidence shall be the same: shall be inviolable (EXC. By order of court or when
- in all courts and provided by law for safety and public order)
- in all trials and hearings, o Evidence obtained in violation of such provisions shall be
- EXCEPT as otherwise provided by law or these rules. (2a) INADMISSIBLE
Applicability of the Rules of Evidence:
Notes: - GR: Applicable ONLY in judicial proceedings
- EXC: In quasi-judicial proceedings
Evidence, defined: Bustos v. Lucero: Evidence is the mode and manner of o The same apply by analogy, or in a suppletory character and
proving competent facts in judicial proceedings. whenever practicable and convenient.(Rule 1 Section 4)
Proof is the result or effect of evidence. o It shall apply also when the governing law of such
- This is the result when the requisite quantum of evidence of a proceeding specifically adopts such rules
particular fact has been duly admitted and given weight. o Note: NOT applicable in agrarian cases
Factum Probandum Classification of Evidence According to Form
- Ultimate fact or the fact sought to be established 1. Object (Real) Evidence: directly addressed to the senses of the court
- Refers to the proposition and consist of tangible things exhibited or demonstrated in open court, in
Factum Probans an ocular inspection, or at place designated by the court for its view or
- The evidentiary fact or the fact by which the factum probandum is to observation of an exhibition, experiment or demonstration.
be established. - This is referred to as “autoptic proference” since it proffers or
- Refers to the materials which established the proposition presents in open court the evidentiary articles for observation or
inspection
Rules of Evidence as Procedural Law 2. Documentary Evidence: Evidence supplied by written instruments or
- Amendments in such rules may validly be made applicable to cases derived from conventional symbols, such as letters, by which ideas are
pending at the time of such change. Parties have no vested right in represented on material substances
the rules of evidence. - Rule 130 Sec 2: writings or any material containing letters, words,
- HOWEVER, in criminal cases, if the amendment would permit the numbers, figures, symbols or other modes of written expression
reception of a lesser quantum of evidence to convict, retroactive offered as proof of their contents
application would be unconstitutional for being ex post facto. 3. Testimonial Evidence: That which is submitted to the court through the
testimony or deposition of a witness.
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 1|Patiño,Erica
o Entitled to a greater weight since the witness represents of
Other Classification of Evidence: his personal knowledge the presence or absence of a fact.
1. Relevant, Material, and Competent Evidence - Negative Evidence: when the witness did not see or know of the
- Relevant: evidence having any value in reason as tending to prove occurrence of a fact.
any matter provable in an action. o Lesser weight since there is a total disclaimer of personal
o TEST: The logical relation of the evidentiary fact to the fact knowledge, hence without any representation that the fact
in issue, whether the former tends to establish the probability could or could not have existed or happened.
or improbability of the latter. o It is admissible only if it tends to contradict positive
- Material: evidence directed to prove a fact in issue as determined by evidence of the other side or would tend to exclude the
the rules of substantive law and pleadings. existence of fact sworn to by the other side.
o TEST: w/n the fact it intends to prove is an issue or not.
o W/N a fact is in issue: Determined by substantive law, Sec. 3. Admissibility of evidence.
pleadings, pre-trial order and by admissions or confessions
on file. Evidence is admissible when:
o Evidence may be relevant BUT may be immaterial. - it is relevant to the issue AND
- Competent: one that is not excluded by the Rules, statutes or the - is not excluded by the law or these rules. (3a)
Constitution.
2. Direct and Circumstantial Evidence Sec. 4. Relevancy; collateral matters.
- Direct: that which proves the fact in dispute w/o the aid of any
inference or presumption Evidence must have such a relation TO:
- Circumstantial: proof of a fact or facts from which, taken either - the fact in issue as to induce belief in its existence or non-existence.
singly or collectively, the existence of a particular fact in dispute Evidence on collateral matters:
may be inferred as a necessary or probable consequence. - shall NOT be allowed,
3. Cumulative and Corroborative Evidence - EXCEPT when it tends in any reasonable degree to establish the
- Cumulative: evidence of the same kind and to the same state of probability or improbability of the fact in issue. (4a)
facts.
- Corroborative: additional evidence of a different character to the Notes:
same point.
4. Prima Facie and Conclusive Evidence Evidence is ADMISSIBLE when: 2 Requisites (see codal)
- Prima Facie: that which, standing alone, unexplained or - When it is Relevant
uncontradicted, is sufficient to maintain the proposition affirmed. o it must have a relation to the fact in issue as to induce belief
- Conclusive: the class of evidence which the law does not allow to be of its existence or non-existence
contradicted. o Determined by the rules of logic and human experience.
5. Primary and Secondary Evidence - When it is Competent
- Primary: that which the law regards as affording the greatest o When not excluded by the law or by the RoC
certainty of the fact in question. Also known as “best evidence”. o Determined by the prevailing exclusionary rules on evidence
- Secondary: that which is inferior to the primary evidence and is Note: The weight however of admissible evidence depends on judicial
permitted by law only when the best evidence is not available. Also evaluation within the Rule 133 and rules of the SC.
known as “substitutionary evidence”. o While evidence is admissible, it may be entitled to little or
6. Positive and Negative Evidence no weight at all.
- Positive: when the witness affirms that a fact did or did not occur.
o Conversely, evidence of great weight may also be 2. Multiple Admissibility
inadmissible. - When the evidence is relevant AND competent for two or more
purposes, such evidence should be admitted for any or all the
purposes for which it is offered
Requisites of Admissibility of Evidence According to Professor Wigmore - PROVIDED it must satisfy all the requirements for its admissibility.
1. That none but facts having rational probative value are admissible & 3. Curative Admissibility
2. That all facts having rational probative value are not forbidden by - The right of the party to introduce incompetent evidence in his behalf
specific rules where the court has admitted the same kind of evidence adduced by
Note: Here, Relevant Evidence means any class of evidence which has the adverse party.
“rational probative value” to establish the issue in controversy - 3 Theories of Curative Admissibility cited by Wigmore
o American rule – the admission of incompetent evidence
When is admissibility determined? – At the time it is OFFERED to the w/out objection by the opponent, does not justify rebutting it
court by similar incompetent evidence.
- Real Evidence: offered o English rule – if inadmissible evidence is admitted, the
o when the same is presented for its view or evaluation adverse party may resort to similar inadmissible evidence
o when the party rests his case and the real evidence consists o Massachusetts rule –similar incompetent evidence may be
of objects exhibited in court admitted in order to avoid a plain and unfair prejudice
- Testimonial Evidence: offered by the calling of the witness to the caused by the admission of the other party’s evidence
stand - What should be determined to apply the curative admissibility
- Documentary Evidence: offered by the proponent immediately rule?
before he rests his case 1. w/n the incompetent evidence was seasonably objected to
 Lack of objection: waiver of the right to object admissibility
When should admissibility be objected? BUT does NOT deprive him to introduce similar rebutting
- At the time evidence is offered to the court OR evidence
- As soon thereafter as the objection to its admissibility shall have 2. w/n the admission of such evidence will cause a plain and
become apparent unfair prejudice to the party against whom it was admitted
o Objection to the qualification of the witness: made at the  When the admissible evidence has been improperly
time such person is called to the stand excluded, the other party should not be permitted to
o Objection to the testimony: made at the time the question is introduce similar evidence
asked or after the answer is given when the objectionable
features become apparent by reason of the answer Stonehill, et al. v. Diokno: Documentary evidence illegally obtained, is
Note: if not done within such time – right to object is deemed WAIVED inadmissible on a timely motion or action to suppress. (Applies to illegally
obtained confessions)
Doctrines and Rules of Admissibility Sanctioned by the Supreme Court
1. Conditional Admissibility Collateral Matters, defined: Matters other than the facts in issue and which
- When the evidence at the time it is offered appears to be immaterial are offered as a basis for inference as to the existence or non-existence of the
or irrelevant, such evidence may be received on condition that the facts in issue
other facts will be proved thereafter - GR: Collateral matters are INADMISSIBLE or not allowed
- IF not proved subsequently: evidence given will be stricken out. - EXC: when it tends in any reasonable degree to establish the
- REQUISITE: There should be no bad faith on the part of the probability or improbability of the fact in issue (“Circumstantial
proponent. (necessary to avoid unfair surprises) Evidence” or evidence of relevant collateral facts)
Note: What is prohibited – IRRELEVANT collateral facts may:
- take judicial notice of any matter and
4 Main Divisions of the Rules of Evidence: (1) Admissibility of Evidence - allow the parties to be heard thereon IF such matter is decisive of
Rule 130; (2) Burden of proof and what need not be proved Rule 131 & 129; a material issue in the case.
(3) Presentation of Evidence Rule 132; (4) Weight and Sufficiency of
Evidence Rule 133; Note: Rule 134 has been transposed to Part I as Rule 24
[RULE 129] Notes:
WHAT NEED NOT BE PROVED
Judicial Notice (JN), Defined: cognizance of certain facts which judges
Sec 1. Judicial notice, when mandatory. may properly take and act on without proof.
- JN is based on convenience and expediency.
A court shall take judicial notice, without the introduction of evidence: - JN relieves the parties from the necessity of introducing evidence to
- of the existence and territorial extent of states, their political prove the fact noticed. The fact is proven by JN.
history, forms of government and symbols of nationality, - The stipulation and admission of the parties or counsel cannot prevail
- the law of nations, over the operation of the doctrine of judicial notice, and such are all
- the admiralty and maritime courts of the world and their seals, subject to the operation of the doctrine.
- the political constitution and history of the RP, Two kinds of JN:
- the official acts of legislative, - Mandatory
- executive and judicial departments of the RP, - Discretionary
- the laws of nature, How JN May be Taken by the Court:
- the measure of time, and 1. On its own initiative or motion
- the geographical divisions. (1a) 2. When it is requested or invited by the parties
Note: In Either Case, the court may allow the parties to be heard on the
matter in question
Sec. 2. Judicial notice, when discretionary. - The purpose of the hearing: NOT for the presentation of evidence
o but to afford the parties reasonable opportunity to present
A court MAY take judicial notice of matters which: information relevant to the propriety of taking such JN or to
- are of public knowledge, or the tenor of the matter to be noticed
- are capable to unquestionable demonstration, or o Also to notify them of the court’s intention to take JN
- ought to be known to judges because of their judicial functions. (no notice = improper JN)
(1a) What stage may the court take judicial notice of a fact?
- During trial;
Sec. 3. Judicial notice, when hearing necessary. - After trial and before judgment;
- On Appeal
During the trial, the court: Republic v. CA: JN must be exercised with caution and every reasonable
- on its own initiative, OR on request of a party, doubt on the subject must be resolved in the negative.
may:
- announce its intention to take judicial notice of any matter and Judicial Notice of Laws
- allow the parties to be heard thereon. - GR: courts of justice are required to take JN of the laws
- EXC: In case of ORDINANCES, the rule is different
AFTER the trial and BEFORE judgment OR ON appeal, the proper court:
- on its own initiative OR on request of a party,
o MTCs: Required to take JN of the ordinances of the o BY an official publication
municipality or city wherein they sit. o BY a duly attested and authenticated copy thereof
o RTC however, they must take such JN ONLY when: - Absent the above evidence: The Doctrine of Processual
 Required to do so by statute (ex. city charter); and Presumption shall apply
 In a case on appeal before them and wherein the o The foreign law is presumed to be the same as that in the RP
inferior court took JN of an ordinance involved in - Note: Exceptions to the required proof in Sec 24 and 25:
said case. (only to determine the propriety of taking o Testimony of a witness who was an active member of the
JN) California Bar and who is familiar with the laws with a full
- Appellate courts may also take JN of municipal and city ordinances quotation of the cited law was accepted as sufficient proof.
not only where the lower courts took JN BEC these are facts capable o An affidavit of an US attorney which does not state the
of unquestionable demonstration. specific law but merely contained his interpretation of the
- For the same reason, Courts may take judicial notice of facts of the case is NOT sufficient proof.
administrative regulations How UNWRITTEN Foreign Law May be Proved
- Rule 130, Sec 46: A published treatise, periodical or pamphlet on a
Rule on JN of Decisions of Courts subject of such law or a testimony of a written expert
- ALL courts are required to take judicial notice of the decisions of the
Supreme Court Sec. 4. Judicial admissions.
- Lower courts are to take JN of decisions of higher courts (ex. CA)
BUT NOT of the decisions of coordinate trial courts NOR even of a An admission verbal or written,
decision or the facts involved in another case tried by the same court - made by the party in the course of the proceedings in the same
o EXCEPT when: case,
 Parties introduce the same in evidence does not require proof.
 The court as a matter of convenience, decides to do
so The admission may be contradicted ONLY by showing:
- that it was made through palpable mistake or
Judicial Notice vs. Personal Knowledge of a Judge - that no such admission was made. (2a)
- The 2 should not be confused
- It is not essential that matters of JN be actually known to the judge. Notes:
The judge may at his discretion, inform himself in any way which Judicial Admissions May be Made IN:
may seem best to him, and act accordingly. 1. The pleadings filed by the parties
2. In the course of the trial either by verbal or written manifestations or
Foreign Laws may NOT be Taken Judicial Notice stipulations
- Existence of foreign laws is one of FACT and NOT of LAW 3. In other stages of the judicial proceeding, as in pre-trial of the case
- It MUST BE PROVED like any other fact: Note: Depositions, written interrogatories, or requests for admission are also
o EXCEPT: when the laws are within the actual knowledge of considered judicial admissions
the court either because:
 They are generally known OR To be considered a judicial admission:
- GR: It must be made in the SAME case in which it is offered
 They have been actually ruled upon in other cases
- EXC: It may be made in another case or another court PROVIDED:
before it and none of the parties object
o It be proved as in the case of any other fact
How WRITTEN Foreign Law May be Proved
- Requirements in Sec 24 and 25 of rule 132 must be complied w/:
 IF the judicial admission was made in a judicial criminal cases if the pre-trial admission is reduced into
proceeding, it is entitled to greater weight. writing and signed by the accused and his counsel.
o It is pertinent to the issue involved
o There must be no objection
- EXC to EXC:
1. The said admissions were made only for purposes of the first
case as in the rule on implied admissions and their effects under
Rule 26
2. The same were withdrawn with the permission of the court
therein
3. The court deems it proper to relieve the party therefrom.
Judicial Admissions v. Extrajudicial Admissions:
- Judicial: Those so made in the pleadings filed or in the progress of a
trial.
- Extrajudicial: Those made out of court, or in a judicial proceeding
other than the one under consideration
Rules on Extrajudicial Admissions:

- Extrajudicial admissions or other admissions are, as a rule and where
elements of estoppel are not present, disputable.
- Admissions in a pleading withdrawn are considered extrajudicial
admissions – must be proved by a formal offer in evidence of the
original pleading
- Admissions in a pleading superseded by an amended pleading
although filed in the same case are:
o judicial admissions (Note: Based on Regalado on his
interpretation of Sec 4 as amended, p. 792)
o still extrajudicial (If based on Torres v. CA, et al. G.R.
No. L-37420-21, July 31, 1984) – also Judge B.
Note: When the parties agree on what the foreign law provides, these are
admission of facts that the court may rely upon, and hence, they are in
estoppel to take a contrary position.
Rules on Contradicting Judicial Admissions

- GR: Judicial Admissions cannot be contradicted by the admitter
who is the party himself
- EXC: May be contradicted when:
o Such is made through palpable mistake or
o No such admission was made or
o In the case of a pre-trial admission in a civil case, to prevent
manifest injustice (Sec 7, Rule 18) – Note: applies to
1. When the exhibition of such object is contrary to public policy,
morals or decency
2. When to require its being viewed in court or in an ocular inspection
would result in delay, inconvenience, unnecessary expense out of
proportion to the evidentiary value of such object
3. When such object (real) evidence would be confusing or misleading,
as when the purpose is to prove the former condition of the object
and there is no preliminary showing that there has been no
substantial change in said condition
4. The testimonial or documentary evidence already presented clearly
portrays the object in question as to render a view thereof
unnecessary
[RULE 130] When may object (real) evidence which is repulsive or indecent still be
RULES OF ADMISSIBILITY viewed by the court?
- IF the view of the same is necessary in the interest of justice
A. OBJECT (REAL) EVIDENCE - In such case, the court may exclude the public from such view
- Note: The view may NOT be refused IF the indecent or immoral
Sec 1. Object as evidence. objects constitute the very basis of the criminal or civil actions
(ex. case against obscene exhibits)
Objects as evidence are: -
- those addressed to the senses of the court. What does object (real) evidence include?
When an object is relevant to the fact in issue: - Such evidence includes any article or object which may be known or
- it may be exhibited to, examined or viewed by the court. (1a) perceived by the use of any of the senses of: hearing (auditory),
touch (tactile), taste (gustatory) or smell (olfactory)and sight
Notes: - It may include:
- When an object is relevant to a fact in issue, the court may acquire o Examination of the anatomy of a person or any substance
knowledge thereof by actually viewing the object – the object is taken therefrom
called real evidence o Conducting tests, demonstration or experiments
- Also known as autoptic proference, physical or demonstrative o Examination of representative portrayals of the object in
evidence question provided the same are properly authenticated (ex.
- It is the highest form of evidence maps, diagrams, sketches, pictures, audio-visual records)
- Even if other evidence have been introduced, it will not prevent the - Note: Such real evidence may be amplified by interpretations
court from viewing an object to resolve the issue afforded by testimonial evidence especially by experts (x-ray
- Also, the fact that an ocular inspection has been held does not interpreted by doctors)
preclude a party from introducing other evidence on the same issue.
Requirements of an Ocular Inspection (OI) Documents are Considered:
- An OI conducted by the judge w/o notice to or the presence of the - Object (real) Evidence IF their Purpose is: To prove their
parties is invalid, as an OI is part of the trial. existence or condition, or the nature of the handwritings thereon or to
- W/N an OI is to be made lies in the discretion of the court. determine the age of the paper used, or the blemishes or alterations
thereon.
When can a Court Refuse the Introduction of Object (real) Evidence and
Rely on Testimonial Evidence Alone:
- Otherwise, They are Considered Documentary Evidence IF their (c) When the original:
Purpose is: to establish the contents or tenor thereof. - consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and
Physical Examination of a Person May be Conducted: - the fact sought to be established from them is only the general result
- BY the court OR under its direction of the whole; and
- TO show the nature, extent or location of injuries, facial features, his
resemblance or possibility of relationship to another, or his racial (d) When the original:
origin, his probable age, fact of pregnancy - is a public record
- in the custody of a public officer OR is recorded in a public office.
(2a)
B. DOCUMENTARY EVIDENCE Sec. 4. Original of document.
Sec. 2. Documentary evidence. (a) The original of the document is:

- one the contents of which are the subject of inquiry.
Documents as evidence consist of:
- writing or (b) When a document:
- any material containing letters, words, numbers, figures, symbols or - is in two or more copies executed at or about the same time, with
- other modes of written expression identical contents,
offered as proof of their contents. (n) all such copies are equally regarded as originals.
1. BEST EVIDENCE RULE (Primary Evidence Rule) (c) When an entry:

- is repeated in the regular course of business,
Sec. 3. Original document must be produced; exceptions. - one being copied from another at or near the time of the transaction,
all the entries are likewise equally regarded as originals. (3a)
When the subject of inquiry is the contents of a document:
- no evidence shall be admissible other than the original document Notes:
itself,
EXCEPT in the following cases: Document, defined: A deed, instrument or other duly authorized paper by
which something is proved, evidenced or set forth.
(a) When the original: Documentary Evidence, defined: That which is furnished by written
- has been lost or destroyed, or cannot be produced in court, instruments, inscriptions and documents of all kinds.
- without bad faith on the part of the offeror; Best Evidence Rule, defined: that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.
(b) When the original: - Purpose: To prevent fraud, perjury, and To exclude uncertainties in
- is in the custody or under the control of the party against whom the the contents of a document
evidence is offered, and Best Evidence Rule is Applied to Documentary Evidence ONLY
- the latter fails to produce it after reasonable notice; - Operates as a rule of exclusion
- GR: Original writing itself must be produced in court. - Documents prepared in several copies through the use of carbon
Secondary/substitutionary evidence cannot inceptively be introduced sheets are considered originals:
o Effect: The non-production of the original document gives o PROVIDED that the writing of a contract upon the outside
rise to the presumption of suppression of evidence (Sec 131) sheet, including the signature of the party sought to be
- EXC: Secondary evidence may be produced in 4 Instances in Sec 3 charged thereby, produces a facsimile upon the sheets
Note: In case of real evidence, secondary evidence may be introduced w/o beneath, such signature being thus reproduced by the SAME
having to account for the non-production of such primary evidence stroke of the pen
- Even if the signature was made through separate acts or separate
Best Evidence Rule is Applicable ONLY: when the contents of the occasions, ALL the CARBON COPIES are considered originals
document is the subject of inquiry. o IF each copy was intended as a repository of the same legal
- It does NOT apply when the issue is only as to: act of the party thereto.
o w/n the document exists or w/n it was actually executed or - BUT imperfect carbon copies are merely secondary evidence
o the circumstances relevant to or surrounding its execution even if the text was made at the same time as the signed original
Note: Here, testimonial evidence or other evidence will suffice. o Ex. incomplete signatures, something else is left to be done
When a document is presented to prove existence or condition – It is in order that a document could evidence a binding obligation
offered as REAL evidence, NOT documentary evidence Rules on Telegrams and Cables – W/N the dispatch sent or the dispatch
- Parol evidence of the fact of execution is allowed received is the best evidence of the message (depends on the issue)
- HOWEVER, in criminal cases, where the issue is not only with - IF the issue is the contents of the telegrams
respect to the contents of the document but also as to whether such o as received by the addressee - original dispatch received is
document actually existed with the participation as imputed to the the best evidence
accused – the original must be produced (ex. in libel, the o as sent by the sender – the original is the message delivered
newspaper must be presented) - IF the issue is the inaccuracy of the transmission
o In this case, the presentation of the original should affect o BOTH the sent and received dispatch are originals.
ONLY the weight of the evidence intended to establish the Provincial Fiscal of Pampanga v. Reyes: in case of libel IF the issue is:
execution of the document - On the contents of the articles sent by the accused for publication
o The manuscript is the best evidence
Affidavits and depositions are not best evidence and hence not - On what was actually published
admissible, IF the affiants or deponents are available as witnesses o A copy of the newspaper is the best evidence
- It is not best evidence ONLY when the contents of the affidavits or
depositions are NOT the issues in the case BUT are merely used to 2. SECONDARY EVIDENCE
establish the issues in controversy
o Affidavits are regulated by the hearsay evidence rule (Rule Sec. 5. When original document is unavailable.
130 Sec 26) to safeguard the right of cross examination.
o Depositions are regulated by Rule 23 Sec 4 When the original document:
- has been lost or destroyed, or
When “Other Copies of a Document” are Considered Originals (Sec 4) - cannot be produced in court,
- It includes regular entries in journals and ledgers. the offeror, upon proof of:
- A signed carbon copy executed at the same time as the original is - its execution or existence and
known as a “duplicate original” and may be introduced w/o the - the cause of its unavailability without bad faith on his part,
original may prove its contents:
Rules on Carbon Copies Considered as Originals - by a copy, or
- by a recital of its contents in some authentic document, or GR: Availment of such secondary evidence MUST be in the aforesaid
- by the testimony of witnesses in the order stated. (4a) order
EXC: Definite Evidentiary Rule When the law specifically provides for the
Notes: class and quantum of secondary evidence to establish the contents of a
document or bars secondary evidence such requirement is controlling
1st Exception to the Best Evidence Rule: When the original is lost or - Example. Lost holographic will must be proved only by a copy, lost
destroyed notarial will may be proved by the testimony of credible witnesses
What Must be Proved by Satisfactory Evidence in Order for Secondary Contents of a Document may be Proven BY:
Evidence May be Admissible: 1. Any person who read it
1. Due execution of the original : proved through the testimony of either: 2. Any person who heard it read knowing or it being proved from other
a. The person/s who executed it sources that the document so read was the one in question
b. The person before whom its execution was acknowledged or 3. Any person who was present when the contents of the document were
c. Any person who was present and saw it executed and delivered or talked over between the parties thereto to such an extent as to give him
who thereafter saw it and recognized the signatures, or reasonably full information as to its contents
d. One to whom the parties previously confessed its execution 4. Any person to whom the parties to the instrument have confessed or
2. Loss, destruction or unavailability of all such originals stated the contents thereof.
- The cause must NOT be due to the offeror’s bad faith
- Loss or Destruction may be Proved BY: Sec. 6. When original document is in adverse party's custody or control .
o Any person who knew of such fact
o Anyone who, in the judgment of the court had made a IF the document is in the custody or under the control of adverse party:
sufficient examination in the places where the document or - he must have reasonable notice to produce it.
papers of similar character are usually kept by the person in IF after such notice AND after satisfactory proof of its existence, he fails to
whose custody the document was and had been unable to produce the document:
find it - secondary evidence may be presented as in the case of its loss. (5a)
o Anyone who has made any other investigation which is
sufficient to satisfy the court that the document is indeed
lost. Notes:
- Duplicates must be accounted for: Only when ALL cannot be
presented can it be considered unavailable/lost/destroyed 2nd Exception to the Best Evidence Rule: Original is in the custody or under
3. Reasonable diligence and good faith in the search for or attempt to the control of the adverse party who fails to produce it
produce the original
Facts Which Must be Shown by the Party Offering Secondary Evidence
PNB v. Olila: When the original is OUTSIDE the jurisdiction of the court 1. The adverse party’s custody or control of the original document;
(ex. Abroad), secondary evidence is ADMISSIBLE o No need to prove actual possession. It is enough to show the
circumstances that would indicate his possession.
What Constitutes Secondary Evidence? (Note: Applies to BOTH 1st and 2. That reasonable notice was given to the adverse party who has the
2nd Exceptions to the Primary Evidence Rule) custody or control of the document;
1. A copy of said document 3. Satisfactory proof of the document’s existence;
2. A recital or its contents in an authentic document or 4. Failure or refusal by the adverse party to produce it in court.
3. The recollection of witnesses
Requirement of “Notice” Demanding the Original Document:
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 10 | P a t i ñ o , E r i c a
- No particular form of notice is required, as long as it fairly apprises 3rd Exception to the Best Evidence Rule: When the original consists of
the other party as to what papers are desired. Even an oral demand in numerous accounts or other documents which cannot be examined in court
court will suffice. w/out great loss of time
- HOWEVER, notice must be given to the adverse party or his
attorney even if the document is in the actual possession of a 3rd party Requisites for the 3rd Exception to Apply:
- Notice is done by: Motion or Subpoena duces tecum 1. The voluminous character of the records must be established and
Notice is NOT Required: 2. Such records must be made accessible to the adverse party so that
- When the receipt of the original document is acknowledged on a their correctness may be tested on cross examination
carbon copy. (The duplicate itself is an original copy and the only
issue is the receipt of the original) Instances When the Original Must STILL be Produced
- When the nature of the action is in itself a notice, as when it is for the 1. When the detailed contents of the records of accounts are challenged
recovery or annulment of documents wrongfully obtained or for being hearsay or
withheld by the other party 2. Issues are raised as to the authenticity or correctness of the detailed
entries
*See Notes on Section 8 as it relates to Section 6
Note: Here, a summary of the voluminous records can be considered as
Effect of JUSTIFIED Refusal of the Adverse Party to the Produce the secondary evidence
Document
- Does NOT give rise to the presumption of suppression of evidence or Sec. 7. Evidence admissible when original document is a public record.
create an unfavorable inference against him
- IT only authorizes the introduction of secondary evidence When the original of document:
- is in the custody of public officer or
Rules on Production of Documents: Rule 130 v. Rule 27 - is recorded in a public office,
Rule 130 Rule 27 its contents may be proved:
Production is procured by mere notice Production is in the nature of a - by a certified copy issued by the public officer in custody thereof.
to the adverse party mode of discovery (2a)
Requirements of notice must be Can be sought only by proper
fulfilled as a condition precedent for motion and only upon good cause Notes:
the subsequent presentation of
secondary evidence 4th Exception to the Best Evidence Rule: When the original is a public
Presupposes that the evidence to be Contemplates a situation wherein record in the custody of a public officer or is recorded in a public office
produced is intended as evidence the document is either assumed to
be favorable to the party in Such Document may be Evidenced BY:
possession thereof or that the party - An official publication or
seeking its production is not - A copy attested by the officer having legal custody and
sufficiently informed of the - In the case of an authorized public record, by a copy thereof attested
contents of the same by its legal keeper
Sec. 8. Party who calls for document not bound to offer it.
A party who calls for the production of a document and inspects the same
- is not obliged to offer it as evidence. (6a)
Parol Evidence, defined: Any evidence aliunde (oral or written), which is
Note: intended or tends to vary or contradict a complete and enforceable agreement
in a document
When the document is produced, it must fulfill the requisites of admissibility
to be admitted. The party demanding it is also NOT obliged to offer it. Basis and Effect of the Parol Evidence Rule
- Basis: When the parties have reduced their agreement into writing,
all their previous and contemporaneous agreements on the matter are
merged therein.
- Effect: Hence, a prior or contemporaneous verbal agreement is not
admissible to vary contradict or defeat the operation of a valid
instrument.
When Can Parol Evidence of a Collateral Agreement (CA) Between the

Same Parties on the Same or Related Subject Matter Still be Admissible
Notwithstanding the Existence of a Written Agreement?
1. When the CA is not inconsistent with the terms of the written contract
2. When the CA has not been integrated in and is independent of the
written contract as where it is suppletory to the original contract
3. PAROL EVIDENCE RULE 3. When the CA is subsequent to or novatory of the written contract
4. When the CA constitutes a condition precedent which determines
Sec. 9. Evidence of written agreements. whether the written contract may become operative or effective.
o No. 4 does not apply to a condition subsequent not stated in
When the terms of an agreement have been reduced to writing: the agreement
- it is considered as containing all the terms agreed upon and NOTE: In order to apply the above exceptions, evidence thereon may be
- there can be, between the parties and their successors in interest, no allowed PROVIDED they have been put in issue (as part of Sec. 9, Par. d)
evidence of such terms other than the contents of the written
agreement. Parol Evidence Rule Also does NOT APPLY (may not be invoked
HOWEVER, a party may present evidence to: against the other):
- modify, explain or add to the terms of written agreement - When at least 1 party to the suit is not a party or privy to the written
- IF he puts in issue in his pleading: instrument in question and does not base a claim or assert a right
originating in the instrument.
(a)An intrinsic ambiguity, mistake or imperfection in the written agreement; - A stranger may introduce extrinsic evidence against the written
(b)The failure of the written agreement to express the true intent and agreement
agreement of the parties thereto; -
(c)The validity of the written agreement; or Parol Evidence is Admissible PROVIDED Section 9 Paragraphs A to D
(d)The existence of other terms agreed to by the parties or their successors in are put in issue
interest AFTER the execution of the written agreement. - GR: Such facts must be put in issue by the pleadings
- EXCEPTION: Parol Evidence may still be admitted even if the
The term "agreement" includes wills. (7a) required matters are not put in issue by the pleadings:
o If such facts are invoked in his answer (since it also puts it in
Notes: issue)
o When parol evidence is NOT OBJECTED to (waiver of right - When the writing on its face appears to be clear and unambiguous
to object inadmissibility) but there are collateral matters or circumstances which make the
meaning uncertain
Requisites for the Admissibility of Parol Evidence - When a writing admits of 2 or more constructions
1. There is a valid contract - Ex. “I give my estate to my cousin Jimmy Ibarra” (I have 2 cousins
2. The terms of the agreement were reduced into writing with that same name)
3. The controversy must be between the parties of the agreement of 2. “Patent or Extrinsic Ambiguity” – NOT contemplated, Cannot be
their successors in interest (parties to the agreement must be the Cured by Parol Evidence
parties to the suit) - That which is apparent on the face of the writing and requires
4. There is a dispute as to the terms of the agreement something to be added in order to ascertain the meaning. Ex. “I give
my estate to my first cousin”
Rule on Express Trusts Concerning an Immovable or Any Interest 3. “Intermediate Ambiguity” – May also be Cured by Parol Evidence
Therein PROVIDED it is also put in issue
- Cannot be proved by parol evidence - Because of the words of the writing, though seemingly clear and with
- Relief: Reformation of contracts a settled meaning, is actually equivocal and admits 2 interpretations
Note: False description shall not vitiate a document IF the subject is

sufficiently identified.
Note: When the terms of the agreement are clear – the courts have no right to
Parol Evidence Rule v. Best Evidence Rule: interpret it
Parol Evidence Rule Best Evidence Rule
Presupposes that the original Contemplates a situation where the “Mistake” means “Mistake of Fact”
document is available in court original writing is not available - Such mistake may be a mutual mistake between the parties OR
and/or there is a dispute as to w/n - Where an innocent party was imposed upon by unfair dealing of the
the said writing is the original other.
Prohibits the varying of the terms of Prohibits the introduction of - Such mistake should be alleged and proved by clear and convincing
the written agreement secondary evidence regardless of w/n evidence
it varies the contents of the original “Imperfection” Includes:
Applies ONLY to documents which Applies to all kinds of writings - An inaccurate statement in the agreement or
are contractual in nature or “written - Incompleteness in the writing or
agreement (EXC. It applies to wills) - Presence or inconsistent provisions therein
Can be invoked ONLY when there is Can be invoked by ANY party
a controversy bet. the parties to the regardless of w/n such party has Note: Art. 1363 NCC: When one party was mistaken and the other party
written agreement and their privies participated in the writing involved. knew that the instrument did not state the real agreement and concealed such
or any party directly affected thereby fact – the instrument may be reformed.
1st Exception to the Parol Evidence Rule: An intrinsic ambiguity, mistake or
imperfection in the written agreement (Sec 9 Par A) 2nd Exception to the Parol Evidence Rule: Failure of the written agreement
to express the true intent and agreement of the parties
Ambiguities in the Written Agreement or Will
1. “Latent or Intrinsic Ambiguity” – Contemplated in Sec 9 – Curable Purpose: to enable to court to ascertain the true intention of the parties or the
by Parol Evidence true nature of the transaction
3rd Exception to the Parol Evidence Rule: The validity of the written
agreement Sec. 13. Interpretation according to circumstances.
In the inquiry into the Validity if the Agreement, Parol Evidence may be For the proper construction of an instrument:
Admitted to Show: - the circumstances under which it was made,
- The true consideration of the contract or the want or illegality thereof - including the situation of the subject thereof and of the parties to it,
- The Incapacity of the parties may be shown, so that the judge may be placed in the position of those whose
- W/n the contract is fictitious or absolutely simulated language he is to interpret. (11)
- W/n there was fraud in inducement
Sec. 14. Peculiar signification of terms.
4th Exception to the Parol Evidence Rule: The existence of other terms
agreed to by the parties or their successors in interest AFTER the execution The terms of a writing:
of the written agreement - are presumed to have been used in their primary and general
acceptation,
Note: Amendment in Section 9 but evidence is admissible to show that they have:
- a local, technical, or otherwise peculiar signification, and
- were so used and understood in the particular instance, in which case
the agreement must be construed accordingly. (12)
4. INTERPRETATION OF DOCUMENTS
Sec. 10. Interpretation of a writing according to its legal meaning. Sec. 15. Written words control printed.
The language of a writing is to be interpreted: When an instrument consists partly of written words and partly of a printed
- according to the legal meaning it bears in the place of its execution, form, AND the two are inconsistent:
- UNLESS the parties intended otherwise. (8) - the former controls the latter. (13)
Sec. 11. Instrument construed so as to give effect to all provisions . Sec. 16. Experts and interpreters to be used in explaining certain writings.
In the construction of an instrument, where there are several provisions or When:

particulars: - the characters in which an instrument is written are difficult to be
- such a construction is, if possible, to be adopted as will give effect to deciphered, or
all. (9) - the language is not understood by the court,
the evidence:
Sec. 12. Interpretation according to intention ; general and particular - OF persons skilled in deciphering the characters, or who understand
provisions. the language
- is admissible to declare the characters or the meaning of the
In the construction of an instrument: language. (14)
- the intention of the parties is to be pursued;
and when a general and a particular provision are inconsistent, Sec. 17. Of Two constructions, which preferred.
- the latter is paramount to the former.
- So a particular intent will control a general one that is inconsistent When the terms of an agreement have been intended in a different sense by
with it. (10) the different parties to it:
- that sense is to prevail against either party in which he supposed the Rule on Competency of Witness
other understood it, and - GR: A person who takes the witness stand is presumed to possess
when different constructions of a provision are otherwise equally proper: the qualification of a witness (Presumption of Competency)
- that is to be taken which is the most favorable to the party in - EXC: Prima Facie Presumption of Incompetency when:
whose favor the provision was made. (15) o The person has been recently found to be of unsound mind
by a court of competent jurisdiction or
Sec. 18. Construction in favor of natural right. o One is an inmate of an asylum for the insane
Note: The burden is upon the party objecting to the competency of a witness
When an instrument is equally susceptible of two interpretations: to establish the grounds of incompetency.
- one in favor of natural right AND the other against it,
- the former is to be adopted. (16) When are the Qualifications and Disqualifications of Witnesses
Determined?
Sec. 19. Interpretation according to usage. - At the time the witnesses are produced for examination in court
(called to the stand) OR
An instrument may be construed according to usage, in order to determine - At the time of the taking of their depositions.
its true character. (17) Note: If they are children of tender years – the time of the occurrence to be
testified to should also taken into account
C. TESTIMONIAL EVIDENCE Note: According to Judge B (different view from other authors) – You must
consider the qualifications of the witness BOTH at the time of the occurrence
1. QUALIFICATION OF WITNESSES to be testified to and at the time the witness is offered to determine his/her
competency.
Sec. 20. Witnesses; their qualifications.
Instances When a Witness is NOT Disqualified from Being a Witness:
EXCEPT as provided in the next succeeding section: - Interest of a Witness in the Subject Matter of the Action or its
- all persons who can perceive, and Outcome
- perceiving, can make known their perception to others, o GR: Does NOT disqualify a witness from testifying. It
may be witnesses. affects only his credibility but NOT his competency
o EXC: He will be disqualified under those covered by the
- Religious or political belief, rule on surviving parties, also known as the “Dead Man
- interest in the outcome of the case, or Statute” or the “Survivorship Disqualification Rule” (Sec
- conviction of a crime 23)
UNLESS otherwise provided by law, shall not be a ground for - A Co-defendant Being Declared in Default
disqualification. (18a) o GR: A defendant is NOT disqualified from testifying for his
non-defaulting co-defendant although he has an interest in
Notes: the case
o Ratio: He may still testify because he is not considered as
Witness, defined: Reference to a person who testifies in a case or gives taking part in trial as understood in the rule on default.
evidence before a judicial tribunal - A Witness Being Convicted of a Crime
Competence of a Witness, defined: The legal fitness or ability of a witness o GR: A person convicted is NOT disqualified from being a
to be heard on the trial of a case.
witness (it only affects his credibility) BUT:
 He must answer to the fact of a previous final Notes:
conviction (sec 3(5), Rule 132) or
 Such fact may be shown by his examination or the Unsound Mind, defined: That which affects the competency of the witness
record of the judgment (sec 11) which includes any mental aberration, whether organic or functional, or
o EXC: When otherwise provided by law (ex. Those guilty of induced by drugs or hypnosis.
perjury, falsification or false testimony are disqualified from
being witnesses to a will) Rules on the Qualification of Soundness of Mind
- A Lawyer Being a Witness for his Own Client - GR: Unsoundness of mind does not per se render a witness
o GR: In such instance, the lawyer must leave the trial of the incompetent, one may be medically insane but in law capable of
case to other counsel giving competent testimony.
o EXC. When it concerns merely formal matters Note: As long as the witness can convey ideas by words or signs and give
sufficiently intelligent answers to questions propounded, she is competent as
When Objection to a Witness be Made: a witness EVEN if one is feeble-minded, a mental retardate, or is
- GR: Objection to the qualification of the witness must be made schizophrenic.
before he has given any testimony
- EXC: IF the incompetency appears during the trial, the objection When Should a Witness be of Sound Mind?
must be made as soon as it becomes apparent. - ONLY at the time of their production for examination
Note: If not made w/in the said time: right to object is deemed WAIVED - Mental unsoundness of the witness at the time the fact to be testified
occurred – Affects ONLY his credibility.
2 Kinds of Incompetency to Testify
1. Absolute: Forbidden to testify in any matter When are Deaf-mutes Competent Witnesses?
o By reason of mental incapacity or immaturity (sec 21) - When they: (1) Can understand and appreciate the sanctity of an
oath; (2) Can comprehend facts they are going to testify to and; (3)
o By reason of marriage (sec 22)
Can communicate their ideas through a qualified interpreter.
2. Relative: Forbidden only on certain matters
Presumption of Soundness of Mind
o By reason of death or insanity of adverse party (Dead Man’s
- GR: Every person is presumed to be of sound mind and the person
Statute) sec 23 challenging such has the burden of proving otherwise
o By reason of Privileged Communication (Sec 24) - EXC: Prima Facie Presumption of Incompetency when:
o The person has been recently found to be of unsound mind
Sec. 21. Disqualification by reason of mental incapacity or immaturity . by a court of competent jurisdiction
o One is an inmate of an asylum for the insane
The ff persons cannot be witnesses:
In the Case of a Child Witness, the Court in Determining his
(a) Those whose mental condition:
Competency Must Consider his Capacity:
- at the time of their production for examination,
- At the time the fact to be testified to occurred, such that he could
- is such that they are incapable of intelligently making known their
receive correct impressions thereof;
perception to others;
- To comprehend the obligation of an oath; and
- To relate those facts truthfully at the time he is offered as a witness.
(b) Children whose mental maturity is such as to render them incapable:
Hence, the court should take into account his capacity for observation,
- of perceiving the facts respecting which they are examined and
recollection and communication.
- of relating them truthfully. (19a)
When is a Child Considered a Competent Witness o Reason: The crime may be considered as having been
- GR: A child is competent if he can perceive and make known his committed against the spouse and hence, the conjugal
perception harmony sought to be protected no longer exists)
- EXC: IF the child’s testimony is punctured w/ serious o Limited only to direct ascendants and descendants + spouse
inconsistencies as to lead one to believe that the child was coached. 4. People v. Castañeda: A complaint filed by a wife against her
An Intelligent Boy is Undoubtedly the Best Observer husband for falsification of her signature in a deed of sale involving
- A child is little influenced by the suggestions of others and describes their conjugal property.
objects and occurrence as he has really seen them 5. Ordonio v. Daquigan: When the marital relations are so strained,
- Children of sound mind are likely to be more observant of incidents there is no more consideration for applying the said rule. To apply
which take place within their view than older people. the exception there must be an offense that directly attacks, or
directly and vitally impairs, the conjugal relations.
Child Witness Ordinary Witness 6. When there is imputation of a crime by one spouse against the other
Only the judge is allowed to ask Opposing counsels are allowed to Note: “Direct Ascendants and Descendants” = Parents and Children ONLY
questions to the child during ask
preliminary examination Nature of Prohibition: Absolute disqualification or prohibition against the
Leading questions are allowed They are generally not allowed spouse’s testifying to any fact affecting the other spouse however the fact
Testimony in a narrative from is It is NOT allowed may have acquired
allowed
The child witness is assisted by a An ordinary witness is not assisted Requisites in Order for Marital Disqualification Rule to Apply:
facilitator 1. The marriage is valid and existing at the time of the offer of
Sec. 22. Disqualification by reason of marriage. testimony; and
2. The other spouse is a party to the action.
During their marriage, neither the husband nor the wife may testify for or Who may Object: Only the other spouse who is a party to the case.
against the other: - Note: Objections to the competency of the witness-spouse may also
- without the consent of the affected spouse, be waived. (Ex. Testimony against a spouse is a waiver of a
EXCEPT: testimony in rebuttal)
- in a civil case by one against the other, or
- in a criminal case for a crime committed by one against the other or Rationale For Having Such Rule
the latter's direct descendants or ascendants. (20a) - Considering the identity of interest between the spouses, there is
consequent danger of committing perjury
Notes: - Also, the rule is in order to guard marital confidence and to prevent
domestic disunion
Rule on Marital Disqualification (Spousal Immunity):
- GR: During the marriage, neither the husband nor the wife may This should NOT be confused w/ “Marital Privilege” (see sec 24 notes)
testify for or against the other w/o the consent of the affected spouse
EXCEPTIONS: Rule on Disqualification does NOT Apply When:
1. When the testimony was made outside the marriage Sec. 23. Disqualification by reason of death or insanity of adverse party .
2. In a civil case by one spouse against another
3. In a criminal case for a crime committed by one spouse against the Parties or assignor of parties to a case, OR persons in whose behalf a case is
other or the latter’s direct descendants or ascendants prosecuted:
- against an executor or administrator or other representative of a - The disqualification does NOT apply:
deceased person, or o when the counterclaim has been interposed by the defendant
- against a person of unsound mind, as the plaintiff would thereby be testifying in his defense
upon a claim or demand against the estate of: o when the deceased contracted with the plaintiff through an
- such deceased person or against agent and said agent is alive and can testify, but the
- such person of unsound mind, testimony of the plaintiff should be limited to acts performed
cannot testify as to any matter of fact OCCURRING: by the agent.
- before the death of such deceased person or - Assignor, defined: Assignor of a cause of action which has arisen,
- before such person became of unsound mind. (20a) and not the assignor of a right assigned before any cause of action
has arisen
Notes: - Interest in the outcome of the suit, per se, does not disqualify a
witness from testifying
Survivorship Disqualification Rule or Dead Man Statute
- Constitutes only a partial disqualification: A witness is not Requirement No. 2: The case is against the executor or administrator or
completely disqualified BUT is only prohibited from testifying in other representative of a person deceased or of unsound mind;
certain matters specified
- Disqualification ONLY applies to: A civil case or special - It is necessary that the said defendant is being sued and defends in
proceeding over the estate of a deceased or insane person such representative capacity and not in his individual capacity
- Incompetency to Testify Applies: w/n the deceased died before or - Even if the property has been judicially adjudicated to the heirs, they
after the commencement of the action against him provided he is are still protected under the rule
dead at the time of the testimony - The protection would extend to the heirs of the deceased and the
guardians of persons of unsound mind
Requirements for the Dead Man Statute to Apply: Requirement No. 3: The case is upon a claim or demand against the estate
1. The witness offered for examination is a party plaintiff, or the of such person who is deceased or of unsound mind
assignor of said party, or a person in whose behalf a case is
prosecuted; - The rule does not apply where it is the administrator who brings an
2. The case is against the executor or administrator or other action to recover property allegedly belonging to the estate or the
representative of a person deceased or of unsound mind; action is by the heirs of a deceased who represented the latter
3. The case is upon a claim or demand against the estate of such person - This is restricted to debts or demands enforceable by personal actions
who is deceased or of unsound mind upon which money judgments can be rendered.
4. The testimony to be given is on matter of fact occurring before the - An action for damages for breach of agreement to devise property for
death, of such deceased person or before such person became of services rendered is a claim against an estate
unsound mind.
Requirement No. 4: The testimony to be given is on matter of fact occurring
Requirement No. 1: The witness offered for examination is a party plaintiff, before the death, of such deceased person or before such person became of
or the assignor of said party, or a person in whose behalf a case is unsound mind.
prosecuted
- Such plaintiff must be the real party in interest and not a mere
nominal party.
- Negative testimony (testimony that a fact did not occur during the be examined as to:
lifetime of the deceased) is NOT covered by the prohibition – as such - any communication made by the client to him, or his advice
fact exists even after the decedent’s demise - given thereon in the course of, or with a view to, professional
employment,
The Rule Does NOT Apply: NOR can an attorney's secretary, stenographer, or clerk be examined:
1. Land registration cases instituted by the decedent’s representatives - without the consent of the client AND his employer,
(since the oppositors are considered defendants and may therefore - concerning any fact the knowledge of which has been acquired in
testify against the petitioner) such capacity;
2. It does not apply in cadastral cases – since there is no plaintiff or
defendant (c) A person authorized to practice medicine, surgery or obstetrics
3. When the testimony is offered to prove a claim less than what is cannot in a civil case:
established under a written document or is intended to prove a - without the consent of the patient,
fraudulent transaction against the deceased be examined as to:
o Provided such fraud is first established by evidence aliunde - any advice or treatment given by him or any information
o To apply the rule, the testimony must be against the estate - which he may have acquired in attending such patient in a
4. When the disqualification is waived - when the defendant: professional capacity
o does not timely object to the admission of such evidence or which information:
o testifies on the prohibited matters or cross examines thereon - was necessary to enable him to act in such capacity, and
o or offers evidence to rebut such prohibited testimony - which would blacken the reputation of the patient;
Reason for the Rule: d) A minister or priest cannot:

1. To prevent perjury - without the consent of the person making the confession,
2. To protect the estate from fictitious claims be examined as to:
3. To give the parties an equal opportunity to present evidence - 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;
Sec. 24. Disqualification by reason of privileged communication. (e) A public officer cannot be examined:
The ff. persons cannot testify as to matters learned in confidence in the - during his term of office OR afterwards,
ff. cases: - as to communications made to him in official confidence,
- when the court finds that the public interest would suffer by the
(a) The husband or the wife, during or after the marriage: disclosure. (21a)
- cannot be examined w/out the consent of the other
- as to any communication received in confidence by one from the Notes:
other during the marriage
EXCEPT: Basis of the Privilege: The confidential nature of the communication
- in a civil case by one against the other, or Who May Object Under the Disqualification Rules – ONLY by the
- in a criminal case for a crime committed by one against the other or persons protected thereunder (upon whom the testimony is directed). They
the latter's direct descendants or ascendants; may also waive the right to object.
(b) An attorney cannot: [MARITAL PRIVILEGE]

- without the consent of his client,
Requisites for the Disqualification By Reason of Marital Privilege to
Apply: Note: Waiving Sec 22 does not prevent the spouse from invoking sec 24 and
1. There is a valid marital relation; vice versa. So even if the information is not confidential, the spouse may still
2. The privilege is invoked with respect to a confidential invoke sec 22 which is an absolute disqualification.
communication between the spouses during said marriage;
3. The spouse against whom such evidence is being offered has not [ATTORNEY-CLIENT PRIVILEGE]
given his or her consent to such testimony.
Requisites for the Disqualification Based on Attorney-Client (A-C)
Instances When the Privilege Cannot Be Claimed: Privilege to Apply
1. With respect to communications made prior to the marriage of the 1. There is an attorney and client relation;
spouses 2. The privilege is invoked with respect to a confidential
2. With respect to communication not intended to be kept in confidence communication between them in the course of professional
(ex. dying declaration of a husband to his wife as to who was his employment;
assailant since it is intended to be reported) 3. The client has not given his consent to the attorney’s testimony.
3. When the information is overheard by a third party whether he Note: IF the atty’s secretary or clerk is sought to be established – then
acquired the information legally or not. (A 3 rd person is not covered BOTH the consent of the atty and the client is required.
by the prohibition)
o Provided: There must be no collusion between the 3 rd person Note: The client owns the privilege and therefore he alone can invoke it.
and one of the spouses. Prohibition is also applicable even to a counsel de oficio.
4. In a conspiracy between spouses to commit a crime - since it is not Basis: public policy
the intention of the law to protect the commission of a crime. Confidential Communication: The attorney must have been consulted in
5. When the spouses are living separately and there is an active his professional capacity EVEN if no fee has been paid.
hostility. But if there is a chance to reconcile, then this privilege will - It includes preliminary communications made for the purpose of
apply. creating the A-C relationship. (But if it is not for the purpose of
6. When waived creating the A-C relationship – it will not be protected even if the
client subsequently hires the same attorney)
Note: Any information received during the marriage is presumed to be - Includes verbal statements as well as documents or papers entrusted
confidential to the attorney
Disqualification By Reason of Disqualification By Reason of Instances when the A-C Privilege Does NOT Apply:
Marriage (Sec 22) Marital Privilege (Sec 24a) 1. Intended to be made public;
Can be invoked ONLY if one of the Can be claimed w/n the other spouse 2. Intended to be communicated to others;
spouses is a party to the action is a party to the action 3. Intended for an unlawful purpose;
Applies ONLY if the marriage is Can be claimed even after the 4. Received from third person not acting in behalf or as agent of the
existing at the time the testimony is marriage is dissolved client;
offered 5. Made in the presence of third parties who are strangers to the
Constitutes a vital prohibition for or Applies ONLY to confidential attorney-client relationship.
against the spouse of the witness communication between spouses The period to be considered is:
Objection would be raised on the The objection of privilege is raised - the date when the privileged communication was made by the client
ground of marriage. Even if the when confidential marital to the attorney in relation to either a crime committed in the past or
testimony is for or against the other communication is inquired into. with respect to a crime intended to be committed in the future
spouse. BUT Communication Regarding:
- A crime already committed - is privileged communication
- Contemplated criminal acts or in aid or furtherance thereof - is not 6. Under Rule 28 of the Rules of Court,
covered. o The results of the physical and mental examination of a
person, when ordered by the court, are intended to be made
The A-C Privilege Does NOT Attach: public, hence not privileged.
- When the attorney is a conspirator o Also, result of autopsies or post mortem examinations are
- When all the attorney has to do is to either affirm or deny the secret generally intended to be divulged in court.
revealed by the client to the court
- When the information is voluntarily given after the attorney has The Privilege May Also be Waived:
refused to accept employment. - Ex. Section 4 of said Rule 28: if the party examined obtains a
report on said examination or takes the deposition of the
[PHYSICIAN-PATIENT PRIVILEGE] examiner, he thereby waives any privilege regarding any other
examination of said physical or mental condition conducted or to be
Purpose: It is intended to facilitate confidential disclosure by a patient to a conducted on him by any other physician.
physician of all facts and symptoms w/o apprehension to the end that the - Ex. Waiver of the privilege by contract may be found in stipulations
physician may form a correct opinion and may safely treat his patient. in life insurance policies.
Requisites for the Disqualification Based on Physician-Patient (P-P) [MINISTER/PRIEST-PENITENT PRIVILEGE]

Privilege to Apply
1. The physician is authorized to practice medicine, surgery, or Requisites for the Disqualification Based on Minister/Priest-Penitent
obstetrics; Privilege to Apply
2. The information was acquired or the advice or treatment was given 1. That the same were made pursuant to a religious duty enjoined in the
by him in his professional capacity for the purpose of treating and course of discipline of the sect or denomination to which they
curing the patient; belong; and
3. The information, advice or treatment, if revealed, would blacken the 2. They must be confidential and penitential in character.
reputation of the patient; - Ex: under seal of the confessional
4. The privilege is invoked in a civil case, whether patient is a party or Note: It is the person making the confession who can invoke the privilege.
not.
Note: It is not necessary that the P-P relationship was created through the [PRIVILEGED COMMUNICATION TO PUBLIC OFFICERS]
voluntary act of the patient. Death of the patient does not extinguish the
relation. Requisites for the Disqualification Based on Privileged Communication
to Public Officers to Apply
Note: The privilege extends to all forms of communications as well as to the 1. That it was made to the public officer in official confidence;
professional observations and examinations of the patient 2. That public interest would suffer by the disclosure of such
communication, as in the case of State secrets.
The P-P Privilege Does NOT Attach: Note: When no public interest will be prejudiced - this rule will NOT apply.
1. The communication was not given in confidence;
2. The communication is irrelevant to the professional employment; [OTHER INSTANCES OF PRIVILEGE]
3. The communication was made for an unlawful purpose, as when it is
intended for the commission or concealment of a crime; • RA 53 as amended by RA 1477, the publisher, editor or duly accredited
4. The information was intended to be made public; reporter of any newspaper, magazine or periodical of general circulation
5. There was a waiver of the privilege either by provisions of contract cannot be compelled to reveal the source of any news report or
or law.
information appearing in said publication unless the court or a House or indispensable in prosecuting a crime against the descendant or by
committee of Congress finds that such revelation is demanded by the one parent against the other (Art. 215).
Security of the State. - Both parental and filial privileges are granted to any person
Reason for the Rule: The reason for the rule is to preserve “family
• Art. 233 of the Labor Code - All information and statements made at cohesion”
conciliation proceedings shall be treated as privileged communications Note: The privilege may now be invoked in both civil and criminal cases.
and shall not be used as evidence in the NLRC, and conciliators and
similar officials shall not testify in any court regarding any matter taken 3. ADMISSIONS AND CONFESSIONS
up at the conciliation proceedings conducted by them.
Sec. 26. Admission of a party.
• Voters cannot be compelled to reveal their ballots
The act, declaration or omission of a party as to a relevant fact may be given
• Trade Secrets will be covered by this privilege in evidence against him. (22)
Notes:
• Informer’s Privilege: Prosecutor is not to be compelled to dispose the
identity of the informer unless the informer is already known to the
Admission, defined: Any statement of fact made by a party against his
accused and when the identity of the informer is vital.
interest or unfavorable to the conclusion for which he contends or is
inconsistent with the facts alleged by him.
• Those covered in the Secrecy of Bank Deposits Law
Admission Confession
• EO 464: Executive Privilege An admission is a statement of fact It involves an acknowledgment of
which does not involve an guilt or liability
• Income Tax returns acknowledgement of guilt or liability
It may be express or tacit Must be express
• Anti-Graft Cases May be made by third persons Can be made only by the party
himself and in some instances, is
admissible against his co-accused
Express Admissions, defined: are those made in definite, certain and
2. TESTIMONIAL PRIVILEGE unequivocal language.
Implied Admissions, defined: are those which may be inferred from the
Sec. 25. Parental and filial privilege. acts, declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.
No person may be compelled to testify against his:
- parents, other direct ascendants, children or other direct descendants. Requisites for Admissions to be Admissible
(20a) 1. They must involve matters of fact and not of law;
2. They must be categorical and definite;
Notes: 3. They must be knowingly and voluntarily made;
- It is not a rule of disqualification but was a privilege NOT to testify 4. They must be adverse to the admitter’s interests, otherwise it would
- hence it was referred to as “filial privilege be self-serving and inadmissible.
- However, under the Family Code, the descendant may be compelled Other Forms of Admissions:
to testify against his parents and grandparents, if such testimony is
- Verbal or written, express or tacit, judicial or extrajudicial - Flight from justice is an admission by conduct and circumstantial
- Judicial: One made in connection w/ a judicial proceedings evidence of consciousness of guilt
(conclusive – does not require proof) - Attempts to suppress evidence (ex. Destruction of evidence)
- Extrajudicial: Any other admissions (Sec 26 to 32) (Rebuttable – - The act of repairing facilities after an injury has been sustained
requires proof) therein – is NOT an implied admission of negligence by conduct (It
Ex. Testimony of the accused in a parricide case to the effect that he was is merely a measure of extreme caution)
married to the victim is an admission against his penal interest and will
sustain his conviction even in the absence of independent evidence to prove Sec. 27. Offer of compromise not admissible.
such marriage
In civil cases, an offer of compromise:
Admission Declaration Against Interest - is not an admission of any liability, and
An admission need not be against The declaration against interest must - is not admissible in evidence against the offeror.
one’s proprietary or pecuniary have been made against the proprietary
interest, or pecuniary interest of the parties In criminal cases:
Made by the party himself, and is a Must have been made by a person who EXCEPT:
primary evidence and competent is either deceased or unable to testify - those involving quasi-offenses (criminal negligence) or
though he be present in court and - those allowed by law to be compromised,
ready to testify an offer of compromise by the accused:
Admission can be made any time The declaration against interest must - may be received in evidence as an implied admission of guilt.
have been made ante litem motam
(prior to the controversy) A plea of guilty later withdrawn OR an unaccepted offer of a plea of guilty to
lesser offense:
Self-Serving Testimony, defined: One which has been made extra-judicially - is not admissible in evidence AGAINST the accused who made the
by the party to favor his interests. It is not admissible in evidence. plea or offer.
- It does not include his testimony as a witness in court
- No application to a judicial declaration An offer to pay OR the payment of medical, hospital or other expenses
- When the statement was not made in anticipation of a future occasioned by an injury:
litigation – It cannot be considered self-serving - is not admissible in evidence as proof of civil or criminal liability for
Self serving declarations made by a party are admissible in his own the injury. (24a)
behalf in the ff: Notes:
1. When they form part of res gestae, including spontaneous statements
and verbal acts; Compromise, defined: An agreement made between two or more parties as
2. When they are in the form of complaint and exclamations of pain and a settlement of the matters in dispute.
suffering;
3. When they are part of a confession offered by the prosecution Civil Cases Criminal Cases
4. When the credibility of a party has been assailed on the ground that GR: An offer of compromise is not a GR: An offer of compromise by the
his testimony is a recent fabrication (Testimonial Rehabilitation) tacit admission of liability and is not accused may be received in evidence
5. When they are offered by the opponent admissible in evidence against the as an implied admission of guilt.
6. When they are offered without objection, the evidence cannot offeror. It cannot be proved over the
afterward be objected to as incompetent. objection of the offeror.
Admission by Conduct EXC: Unless the offer is not only to EXC: (1)Those involving quasi-
“buy peace” but amounts to an offenses (criminal negligence) or - by an act, declaration, or omission of another,
admission of liability (compromise (2)those allowed by law to be - EXCEPT as hereinafter provided. (25a)
directed only to the amount to be compromised
paid). Notes:
Ratio in Civil Cases: It is the policy In criminal cases however, the
of the law to favor the settlement of accused may be permitted to prove Principle of Res Inter Alios Acta Alteri Noceree Non Debet: Things done
disputes, to foster compromises and that such offer was not made under between strangers ought not to injure those who are not parties to it.
to promote peace. consciousness of guilt but merely to - 1st Part: Sec 28, rule 130
avoid criminal action. - 2nd Part: Sec 34, rule 130
- EXC: to the Rule: When the 3rd person is a
Instances when Offer of Compromise is Admissible o Sec 29: A partner, agent, joint owner, joint debtor, or has a
- In cases of violation of the internal revenue laws joint interest with the party
o Since the law provides that the payment of any IR tax may o Sec 30: A co-conspirator
be compromised, and all criminal violations may likewise be o Sec 31: A privy of the party
compromised EXC those already filed and those involving
fraud. Basis of the GR: A party is not bound by any agreement to which he has no
- In rape cases knowledge and to which he has not given his consent. His rights cannot be
o GR: In effect it may be compromised by actual marriage prejudiced by the declaration, act or omission of another EXC by virtue of a
o EXC: An offer to compromise for monetary consideration is particular relation between them.
an implied admission.
o People v. Valdez: An offer of marriage during the Basis of the EXC: A third party may be so united in interest with the party-
investigation is an admission of guilt opponent that the other person’s admissions may be receivable against the
party himself. The term “privy” is the orthodox catchword for the relation.
Good Samaritan Rule: An offer to pay or the actual payment of the
medical, hospital or other expenses by reason of the victim’s injuries is not
admissible to prove civil or criminal liability.
No Compromise is Valid Upon the Following Cases:

1. Civil status of persons Sec. 29. Admission by co-partner or agent.
2. Validity of marriage or legal separation
3. Any ground for legal separation The act or declaration of a partner or agent of the party:
4. Future support - within the scope of his authority and
5. Jurisdiction of courts - during the existence of the partnership or agency,
6. Future legitime may be given in evidence against such party AFTER:
7. Habeas Corpus and Election Cases. - the partnership or agency is shown by evidence other than such act or
declaration.
Sec. 28. Admission by third party.
The same rule applies:
The rights of a party cannot be prejudiced:
- to the act or declaration of a joint owner, joint debtor, or other person
jointly interested with the party. (26a) Notes:
Notes: Application of the Requirement that the Conspiracy must Preliminarily

be Proved by Evidence other than the Conspirator’s Admission
Requisites for This Exception To Apply: - Applies ONLY to extrajudicial acts or statements
1. That the partnership, agency, or joint interest is established by - NOT to judicial admission as to a testimony given on the witness
evidence other than the act or declaration stand at the trial where the party adversely effected has the
o Partnership relation must be shown; opportunity to cross examine the declarant
2. The act or declaration is within the scope of the partnership, agency
or joint interest An Admission by a Conspirator is Admissible Against his Co-
o With regard to a non-partnership affair: The fact that each conspirator
partner has individually made a substantially similar - Such conspiracy is shown by evidence aliunde
admission does not render the aggregate admission o Conspiracy must be established by prima facie proof in the
competent against the firm. judgment of the court;
3. Such act or declaration must have been made during the existence of - The admission was made during the existence of the conspiracy
the partnership, agency or joint interest. o After the termination of a conspiracy, the statements of one
o Statements made after the partnership has been dissolved do conspirator may not be accepted as evidence against any of
not fall within the exception the other conspirators;
o BUT if they are made in connection with the winding up of - The admission related to the conspiracy itself
the partnership – such admission is STILL admissible. o Should relate to the common object.
Rule on Admission Made By Counsel Existence of the Conspiracy May be Inferred:

- GR: They are ADMISSIBLE against the client as the counsel acts in - From the acts of the accused
representation and as an agent of the client - From the confessions of the accused
- EXC: It must not amount to a compromise or confession of - Or by prima facie proof thereof
judgment (Because in compromise, the rule requires the consent of Note: If there is no independent evidence of the conspiracy – the
the client) extrajudicial confession CANNOT be used against his co-accused (res inter
alios rule applies to both EXJ and J admissions)
Joint Debtor, defined: It does not refer to mere community of interest but - Here, there is no need to produce direct evidence - independent
should be understood according to its meaning in solidum and not circumstantial evidence will suffice.
mancomunada. Quantum of Evidence to Prove Conspiracy: Clear and convincing
Sec. 30. Admission by conspirator. evidence
Rules on Extrajudicial Admissions Made by a Conspirator AFTER the
The act or declaration of a conspirator: conspiracy had terminated and BEFORE the trial
- relating to the conspiracy and - GR: NOT admissible
- during its existence, - EXC: Admissible against the co-conspirator IF:
may be given in evidence: 1. Made in the presence of the co-conspirator who expressly or
- against the co-conspirator impliedly agreed therein – as there is tacit admission under Sec 32
- AFTER the conspiracy is shown by evidence other than such act of
declaration. (27)
2. Where the facts stated in said admission are confirmed in the - when the act or declaration is such as naturally to call for action or
individual extrajudicial confessions made by the co-conspirators comment if not true, and
after their apprehension (interlocking confessions) when proper and possible for him to do so,
3. As a circumstance to determine the credibility of a witness may be given in evidence against him. (23a)
4. As circumstantial evidence to show the probability of the co-
conspirator’s participation in the offense. Notes:
In order that the EX-J statements of a co-accused may be taken into To be Admissible the FF Requisites Must Concur:
consideration in judging the testimony of a witness it is necessary that: 1. He must have heard or observed the act or declaration of the other
1. The statements are made by several accused, person;
2. The same are in all material respects identical, and 2. He must have had the opportunity to deny it
3. There could have been no collusion among said co-accused in 3. He must have understood the statement;
making such statements. 4. He must have an interest to object, such that he would naturally have
done so, as if the statement was not true;
Sec. 31. Admission by privies. 5. The facts are within his knowledge;
6. The fact admitted or the inference to be drawn from his silence is
Where one derives title to property from another: material to the issue.
- the act, declaration, or omission of the latter, while holding the title,
- in relation to the property, The rule on admission by silence applies:
is evidence against the former. (28) - Where a person was surprised in the act or
- Even if he is already in the custody of the police.
Notes: - Applies to both civil and criminal cases
Privity, defined: mutual succession of relationship to the same rights of
property. Rules on Voluntary Participation in a Reenactment of the Crime
Privies, defined: those who have mutual or successive relationship to the Conducted by the Police
same right of property or subject matter - GR: It is considered a tacit admission of complicity.
- Note: To be given any evidentiary weight, the validity and efficacy
To be Admissible, The Following Requisites Must Concur: of the confession must first be shown.
1. There must be a relation of privity between the party and the Note: Implication of guilt is not derived from mere silence but from the
declarant; acquiescence in participating in the reenactment
2. The admission was made by the declarant, as predecessor in interest,
while holding the title to the property; Application of The Rule:
3. The admission is in relation to said property. - DOES NOT Apply IF: the statements adverse to the party were
made in the course of an official investigation, as where:
The privity in estate may arise: by succession, by acts mortis causa or by o he was pointed out in a custodial investigation and was
acts inter vivos. neither asked to reply nor comment on such imputations or
Sec. 32. Admission by silence. o when the party had a justifiable reason to remain silent, as
when he was acting on advice of counsel
An act or declaration: - It May Apply: To adverse statements in writing IF the party was
- made in the presence and within the hearing or observation of a party carrying on a mutual correspondence with the declarant.
who does or says nothing
o However, if there was no mutual correspondence, the rule is o By itself, can sustain conviction, even for a capital offense
relaxed since such prompt response can generally not be o But for Capital Offenses: there must be evidence presented
expected if the party still has to resort to a written reply. other than the plea of guilty, also proof that such plea was
Basis of Rule: It is basic instinct or a natural reaction to resist or deny a false made voluntarily and w/ full comprehension
statement 2. Extrajudicial (EX-J) Confession: One made in any other place or
occasion
Doctrine of Adoptive Admission: A party’s reaction to a statement or action o GR: Cannot sustain a conviction
by another person when it is reasonable to treat the party’s reaction as an o EXC: Unless corroborated by evidence of the corpus delicti
admission of something stated or implied by the other person.
Requirements for the Admissibility of EX-J Confessions
Instances Where There is NO Implied Admission 1. The confession must involve an express and categorical
1. Allegations of unliquidated damages acknowledgment of guilt;
2. Allegations which are not material to the cause of action 2. The facts admitted must be constitutive of a criminal offense;
3. Conclusions of fact/law 3. The confession must have been given voluntarily;
4. Allegations of usury other than in a complaint 4. the confession must have been intelligently made, the accused
5. If defendant has not filed his answer and is declared in default. realizing the importance or legal significance of this act;
5. There must have been no violation of Section 12, Art. III of the 1987
Constitution. (Rights in custodial investigation)
Sec. 33. Confession.
Rule on Presumption of Voluntariness: Confessions are presumed to be
The declaration of an accused acknowledging his guilt: voluntary and the onus is on the defense to prove that it was involuntary
- of the offense charged, or (obtained by violence, intimidation, threat or promise of reward or leniency)
- of any offense necessarily included therein,
may be given in evidence against him. (29a) Circumstances Held to be Indicia of Voluntariness of a Confession:
- The confession contains details which the police could not have
Notes: supplied or invented.
- The confession contains details which could have been known only
Confession, Defined: A categorical acknowledgement of guilt made by an to the accused
accused in a criminal case, w/o any exculpatory statement or explanation. - The confession contains statements which are exculpatory in nature
- IF the accused admits the act BUT alleges a justification – it is - The confession contains corrections made by the accused in his
merely an admission handwriting or with his initials and which corrected facts are best
- Confession of Judgment in Civil Cases = Admission of Liability known to the accused.
- The accused is sufficiently educated and aware of the consequences
Forms of Confession: of his act.
- Oral and under oath - It was made in the presence of impartial witnesses with the accused
- In writing (need not be under oath) acting normally on that occasion
- There is lack of motive on the part of the investigators to extract a
Note: Sec 33 refers to EX-J Confessions confession, with improbabilities and inconsistencies in the attempt of
Types of Confessions the accused to repudiate his confession.
1. Judicial Confession: One made before a court in which the case is - The accused questioned the voluntariness of the confession only for
pending and in the course of legal proceedings therein the first time at the trial of the case. (Estoppel)
- The contents of the confession were affirmed by the accused in his - Questioning initiated by a law officer after a person has been taken
voluntary participation in the reenactment of the crime, as shown by into custody or deprived of freedom
his silent acquiescence thereto. - Present where the investigation ceases to be a general inquiry and
- The facts contained in the confession were confirmed by other begins to focus on a particular suspect taken into custody and asked
subsequent facts questions that lead into eliciting incriminating statements
- After his confession, the accused was subjected to physical - Includes “invitations” to an investigation
examination and there were no signs of maltreatment or the accused Note: There is NO presumption of regularity in CIs
never complained, but not where he failed to complain to the judge
on a reasonable apprehension of further maltreatment as he was still Rights of a Person under Investigation
in the custody of his torturers 1. Right to be informed of ones right to remain silent, to have
competent and independent counsel preferably of his own choice
Abandoned Ruling: Involuntary confessions are admissible if it contains the and the charges against him
truth (Prior to Stonehil v. Diokno) 2. Right to be provided with counsel if accused cannot afford one
Current Ruling: Involuntary Confessions are INADMISSIBLE, Ratio: - Note: Waiver of 1 & 2 must be made: In writing AND in the
1. They are unreliable presence of counsel
2. On grounds of humanitarian considerations, or 3. Right not to be treated with torture, force, violence, threat,
3. On legal considerations of their being violative of one’s intimidation or other means which vitiate free will
constitutional right against self incrimination 4. Right not to be placed under secret detention or under a solitary,
incommunicado form of detention
EX-J confession obtained prior to the 1973 Consti: It is admissible even if NOTE: Confession obtained in violation of these rights is INADMISSIBLE
the confessant was not informed of his right to silence and to counsel and (Art 3 Section 12, 1987 Constitution)
even if made while under arrest (ratio: consti mandate should be given a
prospective effect) Instances of Vitiated Confession – Renders EX-JC INADMISSIBLE
- Any form of coercion, whether physical, emotional, or mental
Rules on EX-J Confession and the Constitution - A promise of immunity or leniency IF given by the offended party
- Verbal EX-JC Made Without Counsel or by the fiscal (person in a position to give such) vitiates a
o IF made spontaneously after the assault – admissible as confession, BUT IF given by:
part of res gestae NOT under the confession rule o A person whom the accused could not have reasonably
o Provided: It was not made under custodial investigation expected to be able to comply with such promise (not a
- IF the accused was informed of his consti rights and was asked if prosecuting officer) or could not bind the offended party -
he understood it BUT was not asked if he wanted to exercise it IT is ADMISSBLE
o INADMISSIBLE
- EX-JC under Custodial Investigation Note: IF the accused voluntarily made a second confession after he had
o If made w/o counsel – Inadmissible been maltreated
o If prefaced by the investigator w/ a statement of his consti - 2nd confession is ADMISSBLE – Provided it is proven that he was
rights to which he answered that he was going to tell the already relieved by the fear caused by the previous maltreatment
truth – Not a waiver of his consti right to counsel
o IF accused is illiterate – investigation officer must make sure Note: Judgment based solely on a vitiated confession is NULL and VOID
that his rights were fully explained to him - Accused may be released on a writ of habeas corpus
Custodial Investigation (CI), defined:

Admissibility of EX-J Confessions
- Entire confession should be admitted in evidence – BUT the court
may in appreciating the same reject portions which are incredible Sec. 34. Similar acts as evidence.
- Confessions are admissible NOT ONLY to the offense charged
BUT also to any offense necessarily included therein Evidence that one did or did not do a certain thing at one time
- Illegal confessions are inadmissible against the admitter but are - is not admissible to prove that he did or did not do the same or
admissible against the person who obtained such confession similar thing at another time;
(violator of consti rights) BUT it may be received to prove:
- EX-JC is Binding ONLY Upon HIMSELF and NOT Admissible - a specific intent or knowledge; identity, plan, system, scheme, habit,
Against his Co-Accused, EXC: custom or usage, and the like. (48a)
1. If the latter impliedly acquiesced in or adopted said confession by
not questioning its truthfulness Notes:
2. If the accused persons voluntarily and independently executed
identical confessions w/o collusion (interlocking confessions) which Principle of Res Inter Alios Acta: Things done between strangers ought not
confessions are corroborated by other evidence and w/o contradiction to injure those who are not parties to it.
by the co-accused who was present; - 1st Part: Sec 28, rule 130; 2nd Part: Sec 34, rule 130
3. Where the accused admitted the facts stated by the confessant after Note: Sec 34 applies to both civil and criminal cases and is strictly enforced
being apprised of such confession; in all cases where it is applicable
4. If they are charged as co-conspirators of the crime which was
confessed by one of the accused and said confession is used only as a GR: 1st Sentence of Codal
corroborating evidence; EXC: Where the evidence or similar acts may prove:
5. Where the confession is used as circumstantial evidence to show the 1. A specific intent or knowledge;
probability of participation by the co-conspirator; 2. Identity;
6. Where the confessant testified for his co-defendant; or 3. A plan, system or scheme;
7. Where the co-conspirator’s extra judicial confession is corroborated 4. A specific habit; or
by other evidence of record. 5. Established customs, usages and the like
Note: For Judicial Confessions: It is binding to BOTH the confessant and
the other party Basis: Evidence must be confined to the point in issue in the case on trial.
Evidence of collateral offenses must not be received as substantive evidence of
Fruit of the Poisonous Tree Doctrine: the offense on trial.
- Evidence obtained in violation of the right of a person against Purpose: To compel the defendant to meet charges of which the indictment
unreasonable searches and seizures are inadmissible gives him no information, confuses him in his defense, raises a variety of issues,
- It refers to an object NOT testimonial evidence and thus diverts the attention of the court from the charge immediately before it.
- It does not refer to testimony or confessions obtained illegally.
Examples of the Exceptions:
- Evidence of another crime is admissible in a prosecution for robbery:
o When it has the tendency to identify the accused or show his
presence at the scene of the crime
o NOT where the evidence is to prove a commission of
another crime wholly independent of that which is on trial.
- Previous acts of negligence, is admissible to show knowledge or
intent.
4. PREVIOUS CONDUCT AS EVIDENCE
Sec. 35. Unaccepted offer. - Hearsay Evidence alone is insufficient to establish a fact
- IF not objected to – it may be considered and given the importance it
An offer in writing: deserves like any other evidence (Manlilic v. Calaunan, 2007)
- to pay a particular sum of money or HOWEVER, it has also been held that even if it may be admissible, whether
- to deliver a written instrument or specific personal property objected to or not, has NO probative value, and as opposed to direct primary
is, IF rejected without valid cause, equivalent to: evidence, the latter always prevails. (People v. Willians, 2001)
- the actual production and tender of the money, instrument, or Ex. Newspaper Clippings are hearsay and have no evidentiary weight
property. (49a) UNLESS substantiated by person w/ personal knowledge of the facts
Notes: EXCEPTIONS to the HR: They are hearsay BUT are admissible
- This section complements the rule on tender of payment (Art. 1256,
NCC) by providing that said offer of payment must be made in Preliminary Notes on the Exceptions to the HR: 11 Exceptions to the HR
writing. – Sections 37 to 47 (DDECCLARE FT)
- Such tender must, however, be followed by consignation of the 1. Dying Declaration
amount in court in order to produce the effects of valid payment. 2. Declaration Against Interest
3. Entries In The Ordinary Course of Business
5. TESTIMONIAL KNOWLEDGE 4. Common Reputation
5. Commercial Lists
Sec. 36. Testimony generally confined to personal knowledge ; hearsay 6. Learned Treatises
excluded. 7. Act Or Declaration Against Pedigree
8. Res Gestae
A witness can testify ONLY to those facts: 9. Entries In Official Records
- which he knows of his personal knowledge; that is, 10. Family Reputation Or Tradition Against Pedigree
- which are derived from his own perception, 11. Testimony Or Deposition At A Former Proceeding (sec 47)
EXCEPT as otherwise provided in these rules. (30a) Note: Sec 47 logically is not an exception. It merely requires for its
admissibility that the party had cross-examined or had the opportunity to do
Notes: so.
Hearsay Rule (HR), defined: Any evidence, whether oral or documentary is Other Exceptions to the HR
hearsay of its probative value is not based on the personal knowledge of the 1. Special Exception to the HR in child abuse cases: Hearsay testimony
witness but on the knowledge of some other person not on the witness stand. of a child describing any act or attempted act of sexual abuse may be
(Including: all assertions not subjected to cross-examination) admitted in any criminal proceeding. (Sec 28 of the Rule on
- GR: Hearsay evidence is excluded or INADMISSIBLE as evidence Examination of a Child Witness, A.M. No. 00-4-07-SC)
- Ratio: It is excluded because the party against whom it is presented o SUBJECT to certain prerequisites and the right to cross
is deprived of his right to cross-examine the persons to whom the examine of the adverse party
statements or writings are attributed. o Admissibility shall be determined by the court in light of
- Note: If one has personal knowledge – it is not hearsay anymore specified subjective/objective considerations to determine
the reliability of the child
Inadmissibility of hearsay evidence MAY be WAIVED: By not objecting 2. Rule 8 of the Rules on Electronic Evidence: Business records as an
to such evidence. (Ratio: since the right to cross-examine may also be exception to the HR
waived) Repeated failure to cross-examine is an IMPLIED waiver
Value of Hearsay Evidence
3. Statements or writings offered not to prove the truth of the facts 6. EXCEPTIONS TO THE HEARSAY RULE
stated but only to prove that those statements were actually made or
those writings were executed (See doctrine of independently EXCEPTION NO. 1: DYING DECLARATION
relevant statements)
Sec. 37. Dying declaration.
Doctrine of Independently Relevant Statements: Independent of whether
the facts stated are true or not, they are relevant since they are the facts in The declaration of a dying person, made under the consciousness of an
issue or are circumstantial evidence of the facts in issue. impending death:
- The only question to be answered: W/N the statements were made - may be received in any case wherein his death is the subject of
- Hence, A witness may testify to the statements made by a person if inquiry,
the fact that such statements were made would indicate the latter’s - as evidence of the cause and surrounding circumstances of such
mental state or physical condition death. (31a)
2 Classes of Independently Relevant Statements: Notes:

1. Those statements which are the very fact in issue;
2. Those statements which are circumstantial evidence of the fact in Dying Declaration (DD), defined: Statements made by a person after the
issue. It includes the following: mortal wound has been inflicted under the belief that the death is certain,
a. Statements of a person showing his state of mind that is, his stating the fact concerning the cause of and the circumstances surrounding
mental condition, knowledge, belief, intention, ill-will, and the attack.
other emotions; - Also known as “Ante Mortem Statements” or “Statement in
b. Statements of a person which shows his physical condition Articulo Mortis”
as illness and the like;
c. Statements of a person from which an inference may be Requisites for DDs to be Admissible
made as to the state of mind of another, that is, knowledge, 1. That the death is imminent and the declarant is conscious of such
belief, motive, good/bad faith of the latter; fact;
d. Statements which may identify the date, place, person in 2. That the declaration refers to the cause and the surrounding
question; circumstances of such death
e. Statements showing the lack of credibility of a witness. 3. That the declaration refers to the facts which the victim is competent
to testify to;
Ratio for the Exceptions to the HR: 4. That the declaration is offered in a case wherein the declarant’s
- Necessity for such evidence and death is subject of the inquiry (the victim necessarily must have
- On the assumption that in the ordinary course of events, they are died);
trustworthy 5. That the statement must be complete in itself.
(Necessity AND Trustworthiness)
Reason for its admission
1. Necessity – because the declarant’s death renders impossible his
taking the witness stand
2. Trustworthiness – at the point of death, every motive for falsehood is
silenced. The mind is induced by the most powerful consideration to
speak the truth.
Considerations for the Determination of Whether Statements Were DDs are Admissible: DDs NOT admissible:
Made in Consciousness of an Imminent or Impending Death: Only insofar as the DD refers to facts Statements referring to the
1. The words or statements of the declarant on the same occasion regarding the cause and surrounding antecedents of the fatal encounter
2. His conduct at the time the declaration was made circumstances of the declarant’s
3. Serious nature of his wounds as would necessarily engender a belief death (W/N they are in favor of or Opinions, impressions and
on his part that he would not survive. against the accused) conclusions of the declarant
Note: DDs are admissible in ANY case for as along as the requisites are met.
Intervening Time From the Declaration to the Actual Death: An Old rule that it only applies to certain criminal cases is now abandoned.
Immaterial Factor in Determining its Admissibility Note: DDs favorable to the accused are admissible
- Immaterial as long as the declaration was made under the
consciousness of impending death Forms of DDs
- This is a question of fact for the courts to determine - May be oral or written or
- No retroaction must be made by the declarant - Made by signs which could be interpreted and testified to by a
- If the gravity of the wounds did not diminish – DD is still admissible witness
even if the decedent died days after the declaration Note:
- Interval of Time is taken into account ONLY when the - If Oral - It may be testified to w/o the need of repeating the exact
declaration is ambiguous words as long as he can give the substance thereof
- - If unsigned written DD – It may used as a memorandum by the
Question: Do you think you will die?; IF the Answer is witness who took it down
- “I will not die if treated” - admissible as part of res gestae or DD
- “I cannot ascertain” – admissible as part of res gestae or DD
- “I don’t know” – NOT admissible EXCEPTION NO. 2: DECLARATION AGAINST INTEREST
- “It all depends” + condition improved – DDs thereafter are NOT
admissible
Note: DDs may be regarded as part of res gestae as they were made soon Sec. 38. Declaration against interest.
after a startling occurrence w/o any opportunity for fabrication or concoction
- If the declarant doesn’t die – it is part of res gesta The declaration made:
- by a person deceased OR unable to testify,
DD once proved and admitted – its credibility and weight shall be - against the interest of the declarant,
determined like any other testimonial evidence IF the fact asserted in the declaration was at the time it was made:
- Circumstances such as surprise, rapidity and confusion should be - so far contrary to declarant's own interest,
taken into consideration in giving weigh to the testimony of the - that a reasonable man in his position would not have made the
declarant when identifying his assailants declaration UNLESS he believed it to be true,
- It may be impugned: in the same manner as the testimony of any may be received in evidence against:
other witness on the stand - himself or
- his successors in interest and
People v. Mallare: DD has to be admitted with utmost care and should be - against third persons. (32a)
considered in light of all the facts because the source, accuracy and
completeness of the declarant’s knowledge as to the facts asserted could not Notes:
be tested by cross-examination
US v. Antipoli: DD is an exception to the Marital Privilege Rule since it is Declaration Against Interest - DAI
NOT meant to be confidential communication between spouses.
DECLARATIONS Against Interest ADMISSIONS Against Interest Self Serving Declaration, defined: Statements favorable to or intended to
Made by a person who is neither a Made by a party to a litigation or by advance the interests of the delcarant
party nor in privity with a party to the one in privity with or identified in - It is inadmissible as being hearsay if the delcarant is unavailable as a
suite. legal interest with such party witness
Secondary Evidence Primary Evidence - Opposite of DAI
Exception to the Hearsay Rule Covered by the Hearsay Rule
Admissible ONLY when the Admissible w/n the declarant is
declarant is UNavailable as a witness available as a witness EXCEPTION NO. 3: ACT OR DECLARATION ABOUT PEDIGREE
Must be made ante litem motam May be made at any time
(before the controversy) before/during the trial Sec. 39. Act or declaration about pedigree.
May be admitted against Used ONLY against the party
himself/successor in interest and admitting. The act or declaration:
against 3rd parties - of a person deceased OR unable to testify,
- in respect to the pedigree of another person related to him by birth
Requisites in Order for a Statement to be Admissible as a DAI or marriage,
1. That the declarant is dead and unable to testify; may be received in evidence where:
2. That it relates to facts against the interest of the declarant; - it occurred before the controversy, AND
3. That at the time he made the said declaration the declarant was aware - the relationship between the two persons is shown by evidence other
that the same was contrary to his aforesaid interest; and than such act or declaration.
4. That the declarant had no motive to falsify and he believed such to
be true. The word "pedigree" includes relationship, family genealogy, birth,
marriage, death, the dates when and the places where these fast occurred, and
Reasons for such Admission the names of the relatives. It embraces also facts of family history intimately
1. Necessity – such declarations are the only mode of proof available connected with pedigree. (33a)
2. Trustworthiness – persons do not make statements that are
disadvantageous to themselves without substantial reason to believe Notes:
that the statements are true. Self-interest induces men to be cautious
in saying anything against themselves. Requisites in Order that Pedigree May be Proved by Acts or
Declarations of Relatives
Interest covered: 1. The actor or declarant is dead or unable to testify
1. Proprietary interest 2. The act or declaration is made by a person related to the subject by
2. Penal interest birth or marriage
o A justifiable theory because one who is criminally liable is also 3. The relationship between the declarant or the actor and the subject is
shown by evidence other than such act or declaration
civilly liable.
4. The act or declaration was made ante litem motam or prior to the
o People v. Toledo and Holgado: A declaration admitting that he
controversy
was the one who killed the victim, made by a delcarant who died
Pedigree May be Established or Proved By:
shortly thereafter, is admissible where another person was
1. The act or declaration of a relative (sec 39)
subsequently charged as the killer of the same victim
2. The reputation or tradition existing in his family (sec 40)
3. Pecuniary interest
3. Entries in Family Bibles (sec 40)
Note: It is essential that at the time of the statement, the declarant’s interest
4. With respect to marriage, by common reputation in the community
affected is actual/real/apparent not merely contingent/future/conditional
(Sec 41)
Note: The relationship must preliminarily be proved by direct or Section 39 Section 40
circumstantial evidence. Act or declaration against pedigree Family reputation or tradition regarding
- No specific degree of relationship is required pedigree
- BUT the weight to which such act or declaration is entitled may be Witness need not be a member of Witness is a member of the family
affected by the degree of relationship the family
Testimony is about what declarant, Testimony is about family reputation or
Note: Reputation between the declarant and the person subject of inquiry who is dead or unable to testify, tradition covering matters of pedigree.
must be legitimate unless the issue is the legitimacy itself. said concerning the pedigree of the
declarant’s family
Relation bet the declarant and the The witness himself is the one to whom
EXCEPTION NO. 4: FAMILY REPUTATION OR TRADITION person subject of inquiry must be the fact relates. No need to establish
REGARDING PEDIGREE established by independent evidence relationship by independent evidence.
Sec. 40. Family reputation or tradition regarding pedigree. EXCEPTION NO. 5: COMMON REPUTATION
The reputation or tradition:

- existing in a family previous to the controversy, Sec. 41. Common reputation.
- in respect to the pedigree of any one of its members,
may be received in evidence: Common reputation:
- IF the witness testifying thereon be also a member of the family, - existing previous to the controversy,
either by consanguinity or affinity. - respecting facts of public or general interest more than 30 years old,
or
Entries in family bibles or other family books or charts, engravings on rings, - respecting marriage or moral character,
family portraits and the like: may be given in evidence.
- may be received as evidence of pedigree. (34a)
Monuments and inscriptions in public places:
Notes: - may be received as evidence of common reputation. (35)
Requisites W/ Respect to Reputation or Tradition Under Sec 40 Notes:

1. The witness testifying thereto must be a member, by consanguinity
or affinity, of the same family as the subject; and Common Reputation, defined: The definite opinion of the community in
2. Such reputation or tradition must have existed in that family ante which the fact to be proved is known or exists. It means the general or
litem motam substantially undivided reputation, as distinguished from a partial or qualified
one, although it need not be unanimous.
Note: A statement as to one’s date of birth and age as learned from parents or
relatives is an ante litem motam declaration of family tradition Common Reputation May be Established:
- Such statement prevails over a mere opinion of a trial judge 1. By testimonial evidence of competent witness
- BUT cannot prevail over a secondary statement of the father 2. By monuments and inscriptions in public places
3. By documents containing statement of reputation
Common Reputation or General Reputation is Admissible to Prove Requisites for Res Gestae No 1: Requisites for Res Gestae No 2:
1. Facts of public interest more than 30 years old Spontaneous Statements Verbal Acts
2. Facts of general interest more that 30 years old 1. The principal act, the res gestae, be 1. The res gestae or principal act or to
3. Marriage a startling occurrence; be characterized must be equivocal;
4. Moral Character 2. The statements were made before 2. Such act must be material to the issue
Note: Common reputation must have existed ante litem motam the delcarant had the opportunity to 3. The statements must accompany the
contrive equivocal act.
Public Interest = Those of National Interest 3. The statements must refer to the 4. The statements give a legal
General Interest = Those affecting inhabitants of a particular region or occurrence in question and its significance to the equivocal act
community attending circumstances
Character = Inherent qualities of a person 4. The statement must be
Reputation = Opinion of him by others (Should be existing in his place of spontaneous.
residence, but may also exist in a place where he is known best) The res gestae is the startling The res gestae is the equivocal act.
Note: Here, character is permitted to be established by his common occurrence
reputation Statements may be made prior, Verbal act must be contemporaneous
during or immediately after the with or accompany the equivocal act.
Evidence of Negative Good Repute: Where the foundation proof shows that the startling occurrence.
witness was in such position that he would have heard reports derogatory to one’s
character, the reputation testimony may be predicated on the absence of reports of Requisites for Admissibility of Res Gestae, The statement must:
bad reputation or on the fact that the witness heard nothing against the person. 1. Be Spontaneous
2. Made while a startling occurrence is taking place or immediately
EXCEPTION NO. 6: RES GESTAE prior or subsequent
3. Relates to the circumstances of the startling occurrence.
Sec. 42. Part of res gestae. 4. Must be involuntary and simultaneously wrung from the witness by
the impact of the occurrence
Statements made by a person:
- while a startling occurrence is taking place OR immediately prior OR Reasons for Admission:
subsequent thereto 1. Necessity – natural and spontaneous utterances are more convincing than
- with respect to the circumstances thereof, the testimony of a person on the stand.
may be given in evidence as part of res gestae. 2. Trustworthiness – the statement is made indistinctively. The facts speaking
thru the party and not the party speaking thru the facts.
So, also, statements accompanying an equivocal act material to the issue, and
giving it a legal significance, Res Gestae in connection with a Dying Declarations
- may be received as part of the res gestae. (36a) homicidal act
May be made by the killer himself Can be made only by the victim.
Notes: after or during the killing OR that of a
3rd person.
Res Gestae which means “things done”, TYPES: May precede or be made after the Made only after the homicidal
1. Spontaneous statements: Statements in connection with a startling homicidal attack was committed. attack has been committed.
occurrence relating to that fact and in effect forming part thereof Justification in the spontaneity of the Trustworthiness based upon in its
2. Verbal Acts: Statements accompanying an equivocal act, on the statement. being given in awareness of
theory that they are the verbal parts of the act to be explained. impending death.
Note: If both elements for res gestae and dying declarations are present – Rules for Admissibility of Business Entries
they may be admitted as both. - If the Entrant is Available as a Witness – the entries will be
INADMISSIBLE as an exception to the hearsay rule.
When Must the Statement or Act be Made: o They may be used as a memo to refresh his memory while
GR: While the declarant was under the immediate influence of the startling testifying in the transaction
occurrence. Hence, done immediately prior, during or subsequent to the - There is no necessity to bring into court all the clerks or employees
events. who individually made the entries
EXC: - It is sufficient that the person who supervises the work of the
- If the declarant was unconscious – statements regarding the event will employees testify:
still be admissible o That the account was prepared under his supervision
- If the declarant did not have the opportunity to concoct or contrive a o That the entries were entered in the ordinary course of
story – it is still admissible even if statement was made after hours business
- There is no precise moment required when the entries should be
Statements or Outcries as Part of Res Gestae are Admissible: made – it is sufficient if it is made w/in a reasonable time while the
- To establish the identity of the assailant memory of the facts is unimpaired
- To prove the complicity of another person in the crime - Probative Value: Prima Facie of the facts stated therein
- To establish an admission of liability on the part of the accused
EXCEPTION NO. 8: ENTRIES IN OFFICIAL RECORDS
EXCEPTION NO. 7: ENTRIES IN THE COURSE OF BUSINESS Sec. 44. Entries in official records.
Sec. 43. Entries in the course of business. Entries in official records made in the performance of his duty:
- by a public officer of the RP or
Entries made: - by a person in the performance of a duty specially enjoined by law,
- at, or near the time of transactions to which they refer, are prima facie evidence of the facts therein stated. (38)
- by a person deceased, OR unable to testify, who was in a position to
know the facts therein stated, Notes:
may be received as prima facie evidence, IF such person made the entries:
- in his professional capacity or in the performance of duty AND Requisites for Admissibility of Official Records
- in the ordinary or regular course of business or duty. (37a) 1. The entries was made by a public officer in the performance of his
duty or by a person specially enjoined by the law to do so;
Notes: 2. The entrant had personal knowledge of the facts stated by him or
Shop Book Rule Requisites such facts were acquired by him from reports made by persons under
1. The person who made the entry must be dead or unable to testify. a legal duty to submit the same
2. The entries were made at or near the time of the transaction to which 3. Such entries were duly entered in a regular manner in the official
they refer; records
3. The entrant was in a position to know the facts stated in the entries; Reasons for Admission
4. The entries were made in his professional capacity or in the 1. Necessity – practical impossibility of requiring the official’s
performance of a duty whether legal, contractual, moral or religious; attendance as a witness to testify to the innumerable transactions
and occurring in the course of his duty.
5. The entries were made in the ordinary or regular course of business
or duty;
2. Trustworthiness – there is a presumption of regularity in the
performance of official duty.
Examples of Official Records: EXCEPTION NO. 9: COMMERCIAL LISTS
- A register, a cash book, or an official return or certificate,
- motor vehicle accident report (if made in the performance of the
officer’s duties, at about the time of the accident, based on Sec. 45.Commercial lists and the like.
information given as personal knowledge)
- Sheriff’s return (statement in the performance of a duty especially Evidence of statements of matters of interest to persons:
enjoined by law) – no need for the sheriff to testify - engaged in an occupation contained in a list, register, periodical, or
other published compilation
Entries in the Course of Business Entries in Official Records is admissible as tending to prove the truth of any relevant matter so stated IF
(sec 43) (Sec 44) that compilation:
Entries are made by a person who is No such requirement - is published for use by persons engaged in that occupation AND
dead or unable to testify - is generally used and relied upon by them therein. (39)
Needs authentication No need
Best evidence rule applies Exception to the best evidence rule Notes:
Entries are made pursuant to a duty, The entrant is a public officer, or if a
either legal, contractual, moral or private individual, must have acted Requisites for Admissibility
religious pursuant to a legal duty 1. Statements of matters of interest to persons engaged in an
occupation;
Note: The entrant must have been competent with respect to the facts stated 2. The statements must be contained in a list, register, periodical or
in his entries. other published compilation;
- Entries made by a priest in the register of the facts of baptism are 3. The compilation was published for use by persons engaged in that
NOT admissible to prove the date of birth or its relation to persons occupation; and
o A priest is not competent to testify to the truth of these facts. 4. Is generally relied upon by them.
- BUT church registries are ADMISSIBLE as evidence of the facts
with respect to marriage solemnized by the priest (BUT needs to be Reasons for Admission:
authenticated) 1. Necessity – because of the unusual accessibility of the persons
- If the certificate is transmitted to a public officer – it is admissible responsible for the compilation of matters contained in a list, register,
w/o a need for prior authentication. periodical or other published compilation and tremendous
inconvenience it would cause to the court if it would issue summons
Entries in Official Records May be Proved: See Sec 24 and 25 Rule 132 to these numerous individuals.
2. Trustworthiness – they have no motive to deceive and they further
Probative Value: Also prima facie of the facts stated therein realize that unless the list, register, periodical or other published
compilation are prepared with care and accuracy, their work will
have no commercial and probative value.
Ex. Mortality tables, annuity tables
EXCEPTION NO. 10: LEARNED TREATISES
EXCEPTION NO. 11: TESTIMONY OR DEPOSITION AT A
Sec. 46. Learned treatises. FORMER PROCEEDING
A published treatise, periodical or pamphlet on a subject of history, law, Sec. 47. Testimony or deposition at a former proceeding.
science, or art:
- is admissible as tending to prove the truth of a matter stated therein The testimony or deposition of a witness deceased or unable to testify:
IF: - given in a former case or proceeding, judicial or administrative,
- the court takes judicial notice OR - involving the same parties and subject matter,
- a witness expert in the subject testifies, that the writer of the may be given in evidence AGAINST:
statement in the treatise, periodical or pamphlet is recognized in his - the adverse party who had the opportunity to cross-examine him.
profession or calling as expert in the subject. (40a) (41a)
Notes: Notes:
Requisites for Admissibility Requisites for Admissibility

1. That the court takes judicial notice thereof; or 1. The witness is dead or unable to testify
2. The same are testified by a witness expert on the subject 2. His testimony or deposition was given in a former case or
proceedings, judicial or administrative between the same parties or
Reasons for admission those representing the same interests
1. Necessity – even if such person is legally procurable, the expense is 3. The former case involved the same subject as that in the present case
frequently disproportionate. although on different causes of action
2. Trustworthiness – learned writers have no motive to misrepresent. 4. The issue testified to by the witness in the former trial is the same
He is aware that his work will be carefully scrutinized by the learned issue involved in the present case
members of his profession and that he may be subject to criticisms 5. The adverse party had an opportunity to cross examine the witness in
and ultimately rejected as an authority of the subject matter if his the former case.
conclusions are found to be invalid.
Inability to Testify: Inability proceeding from a grave cause, almost
amounting to death (ex. Losing one’s power of speech)
- Subsequent failure or refusal to appear at the second trial, or hostility
since testifying at the first trial does NOT amount to such inability
Actions may be Essentially Different: Testimony given in a civil case is

admissible in a subsequent criminal case PROVIDED the above requisites
are met.
Rule on Admissibility of Prior Judgment (Not testimony)

- A judgment in a criminal proceeding cannot be read in evidence in a
civil action against a person not a party thereto to establish any fact
therein
- The mater is res inter alios and cannot invoked as res judicata
- It may only be admitted in a civil case by way of inducement or to 7. OPINION RULE
show a collateral fact relevant to the issue in the civil action
- It may not be admitted to prove the plaintiff’s action or the Sec. 48.General rule.
defendant’s defense – it is not binding upon the parties in the civil
action The opinion of witness is not admissible EXCEPT as indicated in the
- Ratio: Parties are not the same and different rules of evidence are following sections. (42)
applicable to each
Notes:
HOWEVER, in Miranda v. Malate: Judgment of conviction in the absence
of collusion between the accused and the offended party is binding and Opinion, defined: An inference or conclusion drawn from facts observed.
conclusive to a person subsidiarily liable w/ regard to his liability and to the - GR: Sec 48: Witnesses must give the facts and not their inference,
amount thereof. conclusions, or opinions. Opinions are INADMISSIBLE
- EXCEPTIONS: Opinion of the Witness is Admissible (Sec 49 &50)
1. On a matter requiring SPECIAL knowledge, skill, experience or
training which he is shown to possess, that is when he is an expert
(Sec 49);
2. Regarding the identity or the handwriting of a person, when he has
knowledge of the person or handwriting, whether he is an ordinary or
expert witness (Sec 50 a & b)
3. On the mental sanity of a person, if the witness is sufficiently
acquainted with the former or if the latter is an expert witness (Sec
50c)
4. On the emotion, behavior, condition, or appearance of a person
which he has observed; and (Sec 50d)
5. On ordinary matters known to all men of common perception, such
as the value of ordinary household articles (Galian v. State
Assurance Co., Ltd.)
Reason for the Rule: It is for the court to form an opinion concerning the
facts in proof of which evidence is offered. Witnesses must testify to facts
w/in their knowledge and not their opinions.
facts are presented to him and on the assumption that they are true,
Sec. 49. Opinion of expert witness. formulates his opinion on the hypothesis.
Probative Value of Expert Evidence
The opinion of a witness: - W/N the courts are bound by the testimony of an expert: DEPENDS on
- on a matter requiring special knowledge, skill, experience or training the nature of the inquiry.
which he shown to posses, o ONLY when the subject of inquiry is of such a technical nature
may be received in evidence. (43a) that a layman can possibly have no knowledge thereof that courts
must depend and rely upon experts.
Notes: - Conflicting expert evidence have neutralizing effect on contradictory
conclusions. They generate doubt.
Expert Witness, defined: One who belongs to the profession or calling to - A non-expert private individual, may examine certain contested
which the subject matter of the inquiry relates to and who possesses special documents, it is not necessarily null and void if there are facts w/in his
knowledge on questions on which he proposes to express an opinion. knowledge which may help the court in the determination of the issue.
Test: Whether the opinion called for will aid the fact finder in resolving an
issue Rules on Handwriting Expert Evidence
- Value of such expert evidence depends upon the assistance that he
Degree of Skill or Knowledge Required of an Expert Witness affords in pointing out distinguishing marks, characteristics,
- There is no definite standard of determining the degree of skill or dissimilarities as regards spontaneity, rhythm, pressure of a pen, loops,
knowledge that a witness must possess in order to testify as an strokes, and discrepancies between genuine and false specimens
expert. - Expert evidence on handwriting is at best weak and unsatisfactory. It
- It is sufficient that the following factors are present: is very unreliable. It is not conclusive. It has less weight than direct and
1. Training and education credible testimonies of witnesses as to matters w/in their personal
2. Particular, first hand familiarity with the facts of the case observation.
3. Presentation of authorities or standards upon which his opinion is based. - It is not necessarily binding especially when the expert was not presented
as a witness to give the adverse party an opportunity to cross-examine.
Requisites for Admissibility of Expert Evidence - only if: - When the inquiry merely involves a comparison of existing signatures,
1. The matter to be testified to is one that requires expertise, and an opinion of an expert is not necessary.
2. The witness had been qualified as an expert - Other factors that should be considered: The position of the writer, the
condition of the surface in which the paper is placed, his state of mind,
Value of an Expert Witness: It is NOT conclusive BUT purely advisory. feelings and nerves, kind of pen and paper.
The courts are not bound by the expert’s findings. - It is common knowledge that the writing of a person changes as time
elapses. It changes as one advances in age.
Rules on Expert Testimony - From the ink alone, it is impossible to determine the ink writing’s age.
- Courts must consider all the circumstances of the case (expert’s
qualifications, experience and degree of learning, the basic and logic On Paraffin Tests for Firearm Use
of his conclusions and other evidence on record) - Paraffin Tests are NOT conclusive as to the presence of gunpowder
- The value of expert testimony depends largely on the extent of the since other compounds with nitrates can give the same reaction. It is
experience or studies of such expert. unreliable since the only thing it can definitely establish is the presence
or absence of nitrates BUT not if its source is a firearm
Note: An expert witness may base his opinion either on the first-hand - Tobacco, cosmetics, fertilizers, fireworks can give a positive result as
knowledge of the facts or on the basis of hypothetical questions where the well.
- It also doesn’t definitely establish the distance where the gun was
fired. Blackening and burning around the wound better establishes the
short distance of the gunshot.
Rules on Paternity Testing
- Blood tests on filiation of a child, competently conducted by Sec. 50. Opinion of ordinary witnesses.
qualified persons are admissible on the non-paternity of a person
- It is however, inconclusive to affirm paternity but can only show a Opinion of a witness for which proper basis is given, may be received in
possibility of such fact absent any other evidence. evidence regarding:
On DNA Testing (a) The identity of a person about whom he has adequate knowledge;
- DNA evidence based on genetic code is admissible to prove (b) A handwriting with which he has sufficient familiarity; and
paternity since except for identical twins, each person’s DNA is (c) The mental sanity of a person with whom he is sufficiently acquainted.
distinct and unique
- In assessing the probative value of DNA evidence, it is necessary to The witness may also testify:
consider how the samples were collected, handled, the possibility of - on his impressions of the emotion, behavior, condition or appearance
contamination and w/n the standards of procedure were followed of a person. (44a)
- Obtaining DNA does not violate the right against self-
incrimination.
- The probative value or weight of DNA analysis is subject to the Notes:
requisites of evaluation
o Less than 99.9%: Corroborative Evidence Ordinary Opinion Evidence, defined: That which is given by a witness
o 99.9% or higher: Rebuttable Presumption who is of ordinary capacity and who has by opportunity acquired a particular
knowledge which is outside the limits of common observation and which
On Evidence Obtained By Sound Recording may be of value in elucidating a matter under consideration.
- Tape Recording is admissible provided the ff requisites are first
established: Shorthand Rendering of Facts: Instantaneous conclusions of the mind. The
1. Recording device was capable of taking testimony witness may testify as to the emotion, behavior, condition or appearance of a
2. The operator of the device was competent person
3. No changes, additions or deletions have been made
4. The testimony was elicited and voluntarily made w/o any kind of
inducement 8. CHARACTER EVIDENCE
5. The establishment of the authenticity and correctness of the
recoding Sec. 51. Character evidence not generally admissible; exceptions:
6. The identity of the speakers
7. The manner of the preservation of the recording (a) In Criminal Cases:
- A witnesses’ declaration that the sound recording represents a true
portrayal of the voices satisfies the requirements of authentication. (1)The accused may prove his good moral character which is pertinent to the
moral trait involved in the offense charged.
(2)UNLESS in rebuttal, the prosecution may not prove his bad moral
character which is pertinent to the moral trait involved in the offense
charged.
(3)The good or bad moral character of the offended party may be proved IF it Note: In criminal cases
tends to establish in any reasonable degree the probability or improbability of - GR: The prosecution cannot initially attack the character of the accused
the offense charged. - EXC: ONLY if the accused opens that issue by introducing evidence of
his good MC when he makes his defense.
Ratio: To avoid unfair prejudice to the accused who may be convicted
(b) In Civil Cases: because of such character
In Civil Cases
Evidence of the moral character of a party in civil case is admissible ONLY - GR: MC of either party can NOT be proved
when pertinent to the issue of character involved in the case. - EXC: Unless it is pertinent to the issue of character involved in the
case
(c) In the case provided for in Rule 132, Section 14, (46a, 47a) Note: Here, the issue involved must be character. (Ex. Civil actions for
damages arising from the offenses of libel slander or seduction)
Notes:
In BOTH Criminal and Civil Cases
Character, defined: The aggregate of the moral qualities which belong to - BAD MC of a witness may always be proved by either party but
and distinguish an individual person. NOT evidence of his character, UNLESS it has been impeached.
Rules on the Admissibility of Character Evidence: Rules with Respect to the Nature or Substance of the Character
- GR: Character evidence is NOT admissible in evidence Evidence (CE)
Ratio: The evidence of a person’s character does not prove that such person Person Referred To Nature or Substance of the CE
acted in conformity with such character or trait in a particular occasion.
W/ Respect to the Accused: CE “must be pertinent to the moral trait
In Criminal Cases involved in the offense charged”
- GR: The prosecution may not prove the BAD Moral Character (MC) of Ex. In a prosecution for estafa, perjury or false testimony where in the
the accused which is pertinent to the moral trait involved in the offense person’s moral trait is involved
charged.
It is sufficient that CE “may establish in any
- EXCEPTION:
W/ Respect to the Offended reasonable degree the probability of the
o The prosecution may prove BAD MC at the rebuttal stage - IF
Person offense charged”
the accused, in his defense attempts to prove his GOOD MC.
Ex. In a case of rape, the victim’s chastity may be questioned.
o GOOD or BAD MC of the offended party may always be proved
if such evidence tends to establish the probability or CE must “refer to his general reputation for
improbability of the offense charged. W/ Respect to Witnesses truth, honesty or integrity” affecting his
- EXC to the EXC: credibility
o Proof of the bad character of the victim is not admissible:
 In a murder case: If the crime was committed through
treachery and evident premeditation
 In a rape case: If through violence and intimidation
o In prosecution for rape, evidence of complainant’s past sexual
conduct, opinion thereof or of his/her reputation shall not be
admitted unless, and only to the extent that the court finds that
such evidence is material and relevant to the case. (RA 8505)
[RULE 131]
BURDEN OF PROOF AND PRESUMPTIONS
Sec 1. Burden of proof.
Burden of proof is the duty of a party to present evidence on the facts in

issue necessary to establish his claim or defense by the amount of evidence
required by law. (1a, 2a)
BURDEN OF PROOF
Burden of Proof or “onus probandi”, defined: Obligation imposed upon a

party who alleges the existence of facts necessary for the prosecution of his
action or defense to establish the same by the requisite quantum of evidence.
Proof, defined: The establishment of a requisite degree of belief in the mind
of the trier of fact as to the fact in issue.
Quantum of Evidence Required:

To Sustain Preliminary Investigation Issuance of Warrant Civil Cases Preponderance of Evidence
Crimina Conviction of Arrest Charges of Misconduct Clear and Convincing Evidence
l Cases Proof Evidence as to “engender a Probable Cause: Against Judges *For Removal: Proof Beyond Reasonable Doubt
beyond well-founded belief” as to Reasonable ground to Administrative, Quasi- Substantial Evidence: Such relevant evidence as a
reasonable the fact of the commission believe that the Judicial and Agrarian reasonable mind might accept as sufficient to
doubt of the crime and the accused has committed Cases support a conclusion
respondent’s probable guilt the offense .
Hierarchy of Evidence Burden of Proof Burden of Evidence
1. Proof beyond reasonable doubt Does not shift and remains Shifts from party to party depending upon the
2. Clear and convincing evidence throughout the entire case exigencies of the case in the course of the trial
3. Preponderance of evidence exactly where the original
4. Substantial evidence pleadings placed it.
Generally determined by the developments of
2 Separate Burdens in Burden of Proof Generally determined by the the trial, or by the provisions of substantive law
1. Burden of Going Forward: Burden of Producing evidence pleadings filed by the party. or procedural rules which may relieve the party
2. Burden of Persuasion: The burden of persuading the trier of fact that from presenting evidence on the facts alleged.
the burdened party is entitled to prevail. (ex. Presumptions, judicial notice)
Upon Whom BURDEN OF PROOF Rests:
Civil Cases Criminal Cases Principle of Negative Averments (NA)
On the party who would be defeated if no The burden of proof is - GR: NAs need not be proved (whether in civil or criminal action)
evidence were given on either side. always with the prosecution. - EXC: It has to be proved when such negative allegations are:
o The essential parts of the cause of action (civil case) or
Plaintiff Has the burden of proof to show Note: It is required that o The essential ingredients of the offense of the defense (criminal
the truth of his allegations if the courts determine first if the case). Only needs to establish a prima facie case from the best
defendant raises a negative defense. evidence of the prosecution evidence obtainable
(w/ respect to his complaint) has at least shown a prima Example: In breach of contract, non-performance must be proven. In illegal
Defendan Has the burden of proof if he raises facie case before considering possession of firearms, the lack of license must be proved.
t an affirmative defense on the the evidence of the defense. - EXC to the EXC: In civil cases, even if the NA is an essential part
complaint of the plaintiff. *If established – then the of the cause of action or defense, it does not need to be proved:
(w/ respect to his counterclaim) burden is shifted upon the o IF it is only for the purpose of denying the existence of a
Cross accused to prove otherwise
document which should properly be in the custody of the adverse
Claimant w/ respect to his cross claim
party.
Burden of Evidence, defined: The logical necessity on a party during a Note: It is not incumbent upon the prosecution to adduce positive evidence to
particular time of the trial to create a prima facie case in its favor or to support a NA the truth of which is indicated by established circumstances and
destroy that created against him by presenting evidence. which if untrue could readily be disproved by documents or other evidence w/in
the knowledge or control of the accused. When the negative of an issue does not
In BOTH civil and criminal cases: The BURDEN OF EVIDENCE lies w/ the permit of direct proof or when the facts are more immediately w/in the
party who asserts an affirmative allegation. knowledge of the accused – the onus rests on the accused.
Civil Cases Criminal Cases
Plaintiff Must prove the Prosecutio Must prove the its
affirmative n affirmative allegations in the WHAT NEED NOT BE PROVED
allegations in his indictments (elements of the
complaint crime and the attending The Following Facts Need Not be Proved:
circumstances) 1. Facts which are presumed (Rule 131)
Defendant In his counterclaim Defense As to the justifying, 2. Facts which are of judicial notice (Rule 129)
and in his exempting, mitigating, and 3. Facts which are judicially admitted (Rule 129)
affirmative defenses absolutory circumstances
PRESUMPTIONS - intentionally and deliberately led another:
o to believe a particular thing true, and
Presumption, defined: An inference as to the existence or non-existence of o to act upon such belief,
a fact which courts are permitted to draw from the proof of other facts. he cannot, in any litigation arising out of such declaration, act or omission, be
permitted to falsify it.
Note: A presumption shifts the burden of going forward with the evidence.
It imposes on the party against whom it is directed the burden of going (b)The tenant is not permitted to deny the title of his landlord:
forward with evidence to meet or rebut the presumption. - at the time of the commencement of the relation of landlord and
tenant between them. (3a)
Presumptions Judicial Admission and Judicial Notes:

Notice
The proponent still has to introduce The proponent does not have to Classes of Conclusive Presumptions
evidence of the basis of the presumption introduce any evidence 1. ESTOPPEL IN PAIS (Rule 131, Sec. 2(a)) – The fact which the party in
(evidence of the existence and non- estoppel has represented to be true is conclusively presumed as against
existence of the facts from which the court him to be true
can draw the inference of the fact in issue Requisites as to the Party Estopped Requisites as to the Party Claiming
Estoppel
Classifications of Presumptions a. Conduct amounting to false a. Lack of knowledge of truth as to the
Presumptions of Law Presumptions of Fact representation or concealment facts in question
(praesumptiones juris) (praesumptiones hominis) b. Intent or at least expectation that the b. Reliance in good faith upon the
Definition: A deduction which the Definition: A deduction which reason draws conduct shall be acted upon conduct or statements of the party to
law expressly directs to be made from facts proved without an express direction c. Knowledge, actual or constructive of be stopped
from particular facts. from the law to that effect the real facts c. Action or inaction based thereon to
A certain inference must be made Discretion is vested in the tribunal as to his detriment or prejudice.
whenever the facts appear which drawing the inference. Note: Estoppel is effective only as between the parties thereto or their
furnish the basis of the inference successors in interest
Reduced to fixed rules and form Derived wholly and directly from the
part of the system of jurisprudence circumstances of the particular case by means 2. ESTOPPEL BY DEED (Rule 131, Sec. 2 (b)) – The ownership of the
of the common experience of mankind landlord at the start of the tenancy relation is conclusively presumed as
Presumptions of Law Can Be: against the tenant.
a. Conclusive or Absolute (juris et de jure) - A presumption of law that is Note: If the title asserted is one that is alleged to have been acquired
not permitted to be overcome by any proof to the contrary subsequent to the commencement of that relation, the presumption will not
b.Disputable, Rebuttable or Prima Facie (juris tantum) - is that which the apply
law permits to be overcome or contradicted by proofs to the contrary;
otherwise the same remains satisfactory.
Sec. 3. Disputable presumptions.
Sec. 2. Conclusive presumptions.
The ff presumptions are satisfactory if uncontradicted, but may be
The ff are instances of conclusive presumptions: contradicted and overcome by other evidence:
(a)Whenever a party has by his own declaration, act, or omission: (a) That a person is innocent of crime or wrong;
Ratio: The natural conclusion is that the proof if produced, instead of
rebutting would support the inference against him and the court is justified in
Presumption of Innocence (A) acting upon that conclusion
• Applies to both civil and criminal cases Requisites for Presumption (e) to Apply:
• The legislature may provide for prima facie evidence of guilt: 1. That the evidence is material
- Provided: There be a rational connection between the facts proved 2. That the party had the opportunity to produce the same
and the ultimate fact presumed. 3. That the said evidence is available only to said party
• This presumption accompanies the accused throughout the trial down to When Presumption (e) Will Not Apply:
the moment of conviction. This presumption disappears after conviction 1. When the evidence in question is equally available to both parties
and the appellate court then will presume the accused guilty. 2. When the evidence is merely corroborative or merely cumulative, or
is unnecessary
• An accused is not called upon to offer evidence on his behalf for his
3. When the suppression of evidence is not willful
freedom is forfeited only if the requisite quantum of proof necessary for
4. When the suppression is an exercise of privilege
conviction be in existence.
Basis: founded on the principles of justice and is intended not to protect the
guilty but to prevent the conviction of an innocent person.
(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the latter;

(b) That an unlawful act was done with an unlawful intent;
(h) That an obligation delivered up to the debtor has been paid;
(c) That a person intends the ordinary consequences of his voluntary act;
(i) That prior rents or installments had been paid when a receipt for the later
(d) That a person takes ordinary care of his concerns;
one is produced;
(j) That a person found in possession of a thing taken in the doing of a recent
Presumption That a Person Takes Ordinary Care of his Concerns (D)
wrongful act is the taker and the doer of the whole act:
- otherwise, that things which a person possess, or exercises acts of
All men are presumed to be sane and normal and subject to be moved by
ownership over, are owned by him;
substantially the same motives.
Presumption from Possession of Stolen Goods (J)
When of age and sane, they must take care of themselves. Courts operate not
because one person has been defeated or overcome by another but because he This is not in conflict with the presumption of innocence. At the start of the
has been defeated or overcome illegally. There must be a violation of law, criminal case, the court will apply the presumption of innocence. But once the
the commission of what the law known as an actionable wrong before the prosecution is able to prove that a certain object has been unlawfully taken, that
courts is authorized to lay hold of the situation and remedy it. there is a crime of theft committed and that the prosecution has also proven that
the accused is in possession of this object unlawfully taken, then the presumption
(e) That evidence willfully suppressed would be adverse if produced; of innocence disappears. The new presumption of guilt takes place.
Facts to Be Proved By the Prosecution for Presumption (J) to Apply:

Presumption of Suppression of Evidence (E) 1. The crime was actually committed
2. The crime was committed recently
3. The stolen property was found in possession of the accused and
4. The accused is unable to satisfactorily explain his possession there This presumption of authority is not confined to official appointees. It has
been extended to persons who have been appointed pursuant to a local or
To Conclusively Prove Possession, It is Necessary That: special statute to act in quasi-public or quasi-official capacities and to
1. The possession must be unexplained by any innocent origin professional men like surgeons and lawyers.
2. The possession must be fairly recent and
3. The possession must be exclusive Omnia praesumuntur rite et solemniter esse acta donec probetur in
Note: Convictions in these cases are not sustained upon a presumption of law contrarium – all things are presumed to have been done regularly and with
but rest wholly upon an inference of fact as to the guilt of the accused. due formality until the contrary is proved.
While ordinarily, irregularity will not be presumed, an adverse assumption

(k) That a person in possession of an order on himself for: may arise when the official act in question appears to be irregular upon its
- the payment of the money, or face.
- the delivery of anything,
has paid the money or delivered the thing accordingly; (n) That a court, or judge acting as such, whether in the Philippines or
elsewhere, was acting in the lawful exercise of jurisdiction;
(l) That a person acting in a public office was regularly appointed or elected
to it; Presumption of Regularity of Judicial Proceedings (N)
Presumption that a Person in a Public office was Regularly Appointed or The court rendering the judgment is presumed to have jurisdiction over the
Elected to it: (L) subject matter and the parties and to have rendered a judgment valid in every
respect.
Ratio: It would cause great inconvenience if in the first instance strict proof - Jurisdiction is presumed in all cases, be it superior or inferior court.
were required of appointment or election to office in all cases where it might - However, jurisdiction may not be presumed when the record itself
be collaterally in issue. shows that jurisdiction has not been acquired or there was something
on the record showing the absence of jurisdiction.
Burden of Proof: Is on the adverse party to show that he was not appointed
or designated. (o)That all the matters within an issue raised in a case:
- were laid before the court and passed upon by it; and
in like manner that all matters within an issue raised in a dispute submitted
(m) That official duty has been regularly performed; for arbitration:
- were laid before the arbitrators and passed upon by them;
Presumption that an Official Duty has been Regularly Performed (M)
(p)That private transactions have been fair and regular;
Ratio:
1. Innocence and not the wrongdoing is to be presumed Presumption that Private Transactions have Been done Fairly and
2. An official oath will not be violated Regular (P)
3. A republican form of government cannot survive unless a limit is
placed upon controversies and certain trust and confidence reposed An individual intends to do right rather than wrong and intends to do only
in each government, department, or agent at least to the extent of what he has the right to do.
such presumption.
Note: This presumption applies to both civil and criminal cases
In the absence of proof to the contrary, there is a presumption that all men act
fairly honestly, and in good faith.
(q)That the ordinary course of business has been followed;
Those who were engaged in a given trade or business are presumed to be

acquainted with the general customs and usages of the occupation and with
such other facts as are necessarily incident to the proper conduct of the
business.
(r)That there was a sufficient consideration for a contract; (w)That after an absence of 7 years, it being unknown whether or not the
absentee still lives:
(s)That a negotiable instrument was given or indorsed for a sufficient - he is considered dead for all purposes,
consideration; - EXCEPT for those of succession.
(t)That an endorsement of a negotiable instrument was made: The absentee shall not be considered dead for the purpose of opening his
- before the instrument was overdue and succession:
- at the place where the instrument is dated; - till after an absence of 10 years.
IF he disappeared after the age of 75 years:
(u)That a writing is truly dated; - an absence of 5 years shall be sufficient in order that his succession
may be opened.
(v)That a letter duly directed and mailed was received in the regular course
of the mail; The following shall be considered dead for all purposes including the
division of the estate among the heirs:
Presumption in Paragraph (V) (1) A person on board
- a vessel lost during a sea voyage, or
For the Presumption in Par (V) to Arise, It Must Be Proved: - an aircraft which is missing,
- That the letter was properly addressed with postage pre-paid and that who has not been heard of for 4 years since the loss of the vessel or
it was actually mailed aircraft;
- IF the said letter was not returned to the sender: It is presumed that it
was received by the addressee (2) A member of the armed forces who:
- has taken part in armed hostilities, and
Service of Pleadings By Mail (Sec 10, Rule 13) - has been missing for 4 years;
- Service is complete upon the expiration of 10 days after mailing
UNLESS the court otherwise provides (3) A person who:
- If by registered mail: The service is complete upon actual receipt by - has been in danger of death under other circumstances and
the addressee (If he fails to claim his mail from the post w/in 5 days - whose existence has not been known for 4 years;
from date of 1st notice – service is complete from the expiration of
such time) (4) If a married person has been absent for 4 consecutive years, the
spouse present may:
- contract a subsequent marriage IF he or she has well-founded belief - who have acquire properly through their actual joint contribution of
that the absent spouse is already death. money, property or industry,
In case of disappearance, where there is a danger of death under the such contributions and their corresponding shares including joint deposits of
circumstances hereinabove provided: money and evidences of credit are equal.
- an absence of only 2 years shall be sufficient for the purpose of
contracting a subsequent marriage.
However, in any case, before marrying again, the spouse present must:
- institute a summary proceedings as provided in the Family Code and
in the rules for declaration of presumptive death of the absentee,
- without prejudice to the effect of reappearance of the absent spouse.
Ordinary But Continued Absence: (First 2 subpars) The absentee is (dd) That IF the marriage is terminated and the mother contracted another
presumed to have died at the end of the said period marriage:
- within 300 days after such termination of the former marriage,
Qualified Absence: (In danger of death under the 3 instances contemplated) these rules shall govern in the absence of proof to the contrary:
The absentee is presumed to have died at the time he was exposed to such
danger or peril, at the start of the period. (1) A child born BEFORE 180 days after the solemnization of the
subsequent marriage:
Note: Distinction is important for successional rights - is considered to have been conceived during the former marriage,
- PROVIDED it be born within the 300 days after the termination of
the former marriage.
(x) That acquiescence resulted from a belief that the thing acquiesced in was
conformable to the law or fact; (2) A child born AFTER 180 days following the celebration of the
subsequent marriage:
(y) That things have happened according to the ordinary course of nature and - is considered to have been conceived during such marriage,
ordinary nature habits of life; - even though it be born within the 300 days after the termination of
the former marriage.
(z)That persons acting as copartners have entered into a contract of co-
partneship; (ee) That a thing once proved to exist continues as long as is usual with
things of the nature;
(aa) That a man and woman deporting themselves as husband and wife have
entered into a lawful contract of marriage; (ff) That the law has been obeyed;
(bb) That property acquired by a man and a woman: (gg) That a printed or published book, purporting to be printed or published
- who are capacitated to marry each other and by public authority, was so printed or published;
- who live exclusively with each other as husband and wife
w/out the benefit of marriage OR under void marriage, (hh) That a printed or published book, purporting to contain reports of cases
has been obtained by their joint efforts, work or industry. adjudged in tribunals of the country where the book is published, contains
correct reports of such cases;
(cc) That in cases of cohabitation by a man and a woman:
- who are not capacitated to marry each other and (ii) That a trustee or other person whose duty it was to convey real property
to a particular person has actually conveyed it to him
- when such presumption is necessary to perfect the title of such - in the absence of proof, they shall be considered to have died at the
person or his successor in interest; same time. (5a)
Presumption is the same as the rule in Art 43 of the CC
Par (KK) Par (JJ)

The parties are NOT required to perish in It is Required that the deaths
a calamity occurred during a calamity
It only applies to questions of It applies to cases not involving
successional rights successional rights
Provides a presumption of simultaneity in Provides for presumptions of
(jj) That EXCEPT for purposes of succession, when: the deaths of the persons called to succeed survivorship
- two persons perish in the same calamity, such as wreck, battle, or each other
conflagration, and Sec. 4. No presumption of legitimacy or illegitimacy.
- it is not shown who died first, and
- there are no particular circumstances from which it can be inferred, There is NO presumption of legitimacy of a child:
the survivorship is determined from the probabilities resulting from the - born after 300 days following the dissolution of the marriage or the
strength and the age of the sexes, separation of the spouses.
According to the following rules: Whoever alleges the legitimacy or illegitimacy of such child must prove his
1. If both were under the age of 15 years: allegation. (6)
o the older is deemed to have survived;
2. If both were above the age of 60: Notes:
o the younger is deemed to have survived; - An exact copy of Art 261 of the CC
3. If one is under 15 and the other above 60: - Applies when the dissolution of the marriage is by reason of causes other
o the former is deemed to have survived; than the death of the husband.
4. If both be over 15 and under 60, and the sex be different: - Separation may be: legal separation or a separation de facto
o the male is deemed to have survived,
o if the sex be the same, the older;
5. If one be under 15 or over 60, and the other between those ages:
o the latter is deemed to have survived.
In Order for Presumption (JJ) to Apply, It is Necessary That:

1. The deaths occurred in a calamity and
2. There are no particular circumstances from which it can be inferred
that one died ahead of the other
(kk) That IF there is a doubt, as between two or more persons who are called
to succeed each other, as to which of them died first:
- whoever alleges the death of one prior to the other, shall prove the
same;
[RULE 132]
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
Sec 1. Examination to be done in open court.
The examination of witnesses presented in a trial or hearing:

- shall be done in open court, and
- under oath or affirmation.
UNLESS:
- the witness is incapacitated to speak, or
- the questions calls for a different mode of answer,
the answers of the witness shall be given orally. (1a)
Sec.2. Proceedings to be recorded.
The entire proceedings of a trial or hearing, INC:

- the questions propounded to a witness and his answers thereto,
- the statements made by the judge or any of the parties, counsel, or
witnesses with reference to the case,
shall be recorded:
- by means of shorthand or stenotype or
- by other means of recording found suitable by the court.
A transcript of the record of the proceedings:

- made by the official stenographer, stenotypist or recorder and
- certified as correct by him
shall be deemed prima facie a correct statement of such proceedings. (2a)
1. Not be indefinite or uncertain;
Notes: 2. Be relevant;
3. Not be argumentative;
Rules For Admissibility 4. Not for conclusion of law;
- GR: The testimony of the witness must be given in open 5. Not call for opinion or hearsay evidence;
- EXC: Such requirement may be supplanted 6. Not call for illegal answer;
o In civil cases, by depositions pursuant to and under the 7. Not call for self-incriminating testimony;
limitations of Rules 23 and 24 8. Not be leading;
o In criminal cases, by depositions or conditional 9. Not be misleading;
examinations, pursuant to Sec 12 to 15 Rule 119 and Rule 10. Not to tend reputation of witness;
123, or by the records of the preliminary investigation 11. Not to be repetitions;
12. Not call for a narration.
How Oral Evidence is Given

- GR: It is usually given orally in open court. Therefore, generally, Sec. 3. Rights and obligations of a witness.
the testimonies of witnesses cannot be presented in affidavits.
- EXC: Testimonies of witnesses may be given in affidavits is under A witness MUST answer questions:
the Rules of Summary Procedure (BP 129) - although his answer may tend to establish a claim against him.
Purpose: to enable the court to judge the credibility of the witness by the However, it is the right of a witness:
witness’ manner of testifying, their intelligence, and appearance.
(1) To be protected from irrelevant, improper, or insulting questions, and
GR: Testimony of witnesses shall be given under oath or affirmation. from harsh or insulting demeanor;
- Two fold object in requiring a witness to be sworn: (2) Not to be detained longer than the interests of justice require;
1. By affecting the conscience of the witness to compel him to (3) Not to be examined EXCEPT ONLY as to matters pertinent to the issue;
speak the truth; (4) Not to give an answer which will tend to subject him to a penalty for an
2. If he willfully falsifies that truth, that he may be punished by offense UNLESS otherwise provided by law; or
perjury. (5) Not to give an answer which will tend to degrade his reputation
- The right to have the witness sworn may be waived - UNLESS it to be the very fact at issue or to a fact from which the
o If a party fails to object to the taking of the testimony of a fact in issue would be presumed.
witness without the administration of an oath, he will be deemed But a witness must answer to the fact of his previous final conviction for an
to have waived his objection. offense. (3a, 19a)
How Testimony of the Witness Should be Elicited Notes:

- By question of counsel
- The court may also propound questions either on the direct or cross- GR: A witness cannot refuse to answer questions material to the inquiry even
examination of the witness or suggest questions to counsel. if it may tend to establish a claim against him
Note: The testimony of a witness cannot be considered self-serving if he is EXC: He may validly refuse to answer:
subjected to cross-examination. 1. Under the right against self-incrimination (If it will subject him to
punishment for an offense)
Questions propounded to a witness must: - Available in civil, criminal and administrative cases
- May be with reference to the offense involved in the same case Right of Self-Incrimination Distinguished
where he is charged or in another case
- It may be waived however in immunity statutes wherein the witness Accused Ordinary Witness
is granted immunity from criminal prosecution for offenses admitted Cannot be compelled to testify or produce May be compelled to testify by
in his testimony evidence even by subpoena or other subpoena having only the right to
2. Under the right against self-degradation (If it will have a direct process or order of the court. He cannot refuse to answer a particular
tendency to degrade his character) UNLESS: be required either for the prosecution, for incriminating question at the time it
- Such question is directed to the very fact at issue or to a fact from co-accused or even for himself. is put to him.
which the fact at issue would be presumed or
- It refers to his previous final conviction for an offense
Note: Right should be seasonable invoked and may be waived.
Classification of Immunity Statutes

1. Use Immunity – Only prohibits the use of witness’ compelled Sec. 4. Order in the examination of an individual witness.
testimony and its fruits in any manner in connection with the
criminal prosecution of the witness. It does not render a witness The order in which the individual witness may be examined is as follows;
immune from prosecution. (a) Direct examination by the proponent;
2. Transactional Immunity – grants immunity to the witness from (b) Cross-examination by the opponent;
prosecution for an offense to which his compelled testimony relates. (c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent. (4)
Scope of the right against self-incrimination
1. No person should be compelled to be a witness against himself; Sec. 5. Direct examination.
2. The rule may be invoked in any court or proceedings;
3. The rule covers only testimonial compulsion and production by him Direct examination is the examination-in-chief of a witness by the party
of incriminating documents and articles. (Forced Reenactment presenting him on the facts relevant to the issue. (5a)
comes within the ban since prohibition against testimonial
compulsion extends to those communicative in nature)
Note: Right against self-incrimination is granted only in favor of individuals. Sec. 6. Cross-examination; its purpose and extent.
When is an act testimonial: If it explicitly or implicitly relate a factual UPON the termination of the direct examination the witness may be cross-
assertion or discloses information. examined BY the adverse party
- as to many matters stated in the direct examination, or connected
Rationale against testimonial compulsion: The court may not extract from therewith,
the defendant’s own lips and against his will an admission of his guilt. - with sufficient fullness and freedom
o to test his accuracy and truthfulness and freedom from
Limitation if a witness is a party in a civil action: Before the plaintiff can interest or bias, or the reverse, and
compel the defendant to be a witness, the plaintiff must first prove that he has o to elicit all important facts bearing upon the issue. (8a)
submitted written interrogatories of the defendant.
Notes:
produced despite a warrant for his arrest – striking out is not
Purposes of Cross Examination warranted (Pp v. Gorospe, 1984)
1. To discredit the witness
2. To discredit the testimony of the witness When direct-examination may be stricken out for lack of cross-
3. To clarify certain matters examination: Depends on who is at fault:
4. To elicit admissions from witnesses - IF it is on the party presenting the witness – it may be expunged
- IF it is on the adverse party: There can be no forfeiture of direct
Scope and Limits of Cross Examination testimony.
- American Rule: Restricts cross-examination to facts which are
connected with the matters that have been stated in the direct
examination of the witness
- English Rule: A witness may be cross-examined, not only upon
matters testified to by him on his direct examination, BUT ALSO on
all matters relevant to the issue
What Rule Do we Follow? - BOTH

- GR: We follow the English Rule – However, it does not mean that
the party is making the witness his own, as stated in Sec 5 Sec. 7. Re-direct examination; its purpose and extent.
- EXC: We follow the American Rule (may only be cross-examined
on matters covered by direct examination )when: AFTER the cross-examination of the witness has been concluded, he may be
o The witness is an unwilling or hostile witness as so declared re-examined BY the party calling him:
by the court OR is an adverse party - to explain or supplement his answers given during the cross-
o The witness is an accused who testifies as a witness in his examination.
own behalf On re-direct-examination:
- questions on matters NOT dealt with during the cross-examination,
Hostile Witness, defined: One declared so by the court upon adequate - may be allowed by the court in its discretion. (12)
showing of his – adverse interest, unjustified reluctance to testify or his
having misled the party into calling to the stand. Principal Object: To prevent injustice to the witness and the party who has
called him by affording an opportunity to the witness:
Misleading Facts (Questions which assumes facts not on record), IF asked: - To explain/amplify/reaffirm the testimony which he has given on
- On cross-examination: Objectionable for being misleading Cross-E
- On direct-examination: Objectionable for lack of basis - To explain any apparent contradiction or inconsistency in his
statements
Doctrine of Incomplete Testimony: When cross-examination cannot be
done or completed due to causes attributable to the party who offered the
witness, the incomplete testimony is rendered incompetent Sec. 8. Re-cross-examination.
- GR: Such testimony should be stricken from the record.
- EXC: However, in criminal cases when the prosecution witness was UPON the conclusion of the re-direct examination, the adverse party may:
extensively cross-examined on the material points (essential - re-cross-examine the witness
elements of the crime) and thereafter failed to appear and cannot be o on matters stated in his re-direct examination, and also
o on such other matters as may be allowed by the court in its - contrary to that which he has previously stated.
discretion. (13) It is not allowed. (5a, 6a, and 8a)
Purpose: To overcome the other party’s attempt to rehabilitate a witness or Leading Question, defined: One which suggests to the witness the answer
to rebut damaging evidence brought out on Cross-E desired.
It is NOT a Matter of Right on Re-Cross-E for Counsel to Touch on GR: It is not allowed
Matters NOT Brought on Re-Direct-E - Ratio: It causes the witness to testify in accordance with the
- Re-Cross-E is limited to new matters brought out on the Re-Direct-E suggestion rather than a genuine recollection of events
and such matters as may be allowed by the court EXC: Leading Questions are Allowed:
1. On cross-examination
Sec. 9. Recalling witness. 2. On preliminary matters
3. Difficulty in getting direct and intelligible answers
AFTER the examination of a witness by both sides has been concluded: 4. Unwilling or hostile witness
- the witness cannot be recalled w/out leave of the court. 5. Adverse party or an officer, director or a corporation or partnership
The court will grant or withhold leave in its discretion, as the interests of which is an adverse party
justice may require. (14) Note: For Nos. 3 and 4: There is no need of a preliminary showing of
hostility before leading questions can be asked
- GR: After the examination of a witness by both sides has been Leading questions have been allowed by the SC when the witness is:
concluded, the witness, CANNOT be recalled W/O leave of court immature, aged and infirm, in bad physical condition, uneducated, ignorant
- EXC: When a recall of the witness has been expressly reserved – unaccustomed to court proceedings, feeble-minded, confused, has slow
recall is a matter of right comprehension, deaf and dumb, unable to speak or understand English.
(People v. Dela Cruz, 2002)
Sec. 10. Leading and misleading questions.
Note: A question that merely suggests a subject w/o suggesting an answer or
A question: a specific thing is NOT a leading question
- which suggests to the witness the answer which the examining
party desires is a leading question. Misleading Question, defined: One which assumes facts not in evidence or
It is not allowed, EXCEPT: w/o sufficient basis or which assumes testimony or proof which has not been
given. – It has little probative value
(a) On cross examination; - GR: It is NOT allowed as well
(b) On preliminary matters; - EXCEPTIONS:
(c) When there is a difficulty in getting direct and intelligible answers from a 1. When waived;
witness who is ignorant, or a child of tender years, or is of feeble mind, or a 2. When asking questions to an expert witness
deaf-mute;
(d) Of an unwilling or hostile witness; or Sec. 11. Impeachment of adverse party's witness.
(e) Of a witness who is an adverse party or an officer, director, or managing
agent of a public or private corporation or of a partnership or association A witness may be impeached:
which is an adverse party. - by the party against whom he was called,
- by contradictory evidence,
A misleading question is one which assumes as true a fact: - by evidence that his general reputation for truth, honestly, or
- not yet testified to by the witness, or integrity is bad, or
-by evidence that he has made at other times statements inconsistent EXCEPT with respect to witnesses referred to in paragraphs (d) and (e) of
with his present, testimony, Section 10:
BUT NOT: - the party producing a witness is NOT allowed to impeach his
- by evidence of particular wrongful acts, credibility.
EXCEPT that it may be shown: A witness may be considered as unwilling or hostile only if so declared by
- by the examination of the witness, or the record of the judgment, the court UPON adequate showing of:
- that he has been convicted of an offense. (15) - his adverse interest, unjustified reluctance to testify, or
- his having misled the party into calling him to the witness stand.
Notes:
The unwilling or hostile witness so declared OR the witness who is an
GR: One who voluntarily offers a witness’ testimony is bound by such (i.e. adverse party, may be impeached:
cannot impeach or contradict), - BY the party presenting him in all respects as if he had been called
EXCEPTIONS: by the adverse party,
1. In case of a hostile witness or an unwilling witness - EXCEPT by evidence of his bad character.
2. Where the witness is an adverse party or the representative of a He may ALSO be impeached and cross-examined:
juridical person which is the adverse party or - BY the adverse party,
3. When the witness required is NOT voluntarily offered but is required - but such cross-examination must ONLY be on the subject matter of
by law to be presented (ex. Subscribing witness to the will) his examination-in-chief. (6a, 7a)
A Party Can Impeach a Witness of the Adverse Party BY: Notes:
1. Contradictory evidence from testimony in same case
2. Evidence of prior inconsistent statement A Party Can Impeach His Own Witness ONLY By:
3. Evidence of bad character and 1. Evidence contradictory to his testimony or
4. Evidence of bias, interest, prejudice or incompetence 2. Evidence of prior inconsistent statements
5. Evidence of mental, sensory derangement or defect Note: In Case of Hostile Witnesses, Adverse Witnesses or Involuntary
6. Evidence of conviction of an offense which affects credibility of witnesses – They may be impeached other than by #1 & #2
witness. (People v. Givera 349 SCRA 573 (2001)
Other Modes of Impeaching Aside From Sec 11 Sec. 13. How witness impeached by evidence of inconsistent statements .
1. By involving him during Cross-E in contradiction
2. By showing the impossibility or improbability of his testimony BEFORE a witness can be impeached by evidence that he has made at other
3. By proving action or conduct of the witness inconsistent with his times statements inconsistent with his present testimony:
testimony - the statements must be related to him, with the circumstances of the
4. By showing bias, interest or hostile feeling against the adverse party times and places and the persons present, and
Note: Impeachment is LIMITED to bad reputation for lack of veracity and - he must be asked whether he made such statements, and IF so,
NOT for lack of morals allowed to explain them.
If the statements be in writing :
Rehabilitation of Witnesses: An impeached witness may be allowed on - they must be shown to the witness BEFORE any question is put to
redirect to attempt to rehabilitate (to restore the witness’ credibility) by the him concerning them. (16)
party who called the witness to the stand
Note: An impeached witness does not stricken his testimony Notes:
Sec. 12. Party may not impeach his own witness. Contradictory Evidence: Refers to other testimony of the same witness, or
other evidence presented by him in the same case
Evidence of the good character of a witness is not admissible UNTIL such
Prior Inconsistent Statement: Refers to statements oral or documentary, character has been impeached. (17)
made by the witness sought to be impeached on occasions other than trial in
which he is testifying. Impeaching under is done by “laying the Sec. 15. Exclusion and separation of witnesses.
predicate”:
1. By confronting him with such statements, with the circumstances On any trial or hearing, the judge may:
under which they were made - exclude from the court any witness not at the time under
2. By asking him whether he made such statements and examination, so that he may not hear the testimony of other
3. By giving him as chance to explain the inconsistency witnesses.
The judge may also:
Note: Unless the witness is given the opportunity to explain the - cause witnesses to be kept separate and to be prevented from
discrepancies, the impeachment is incomplete conversing with one another
- HOWEVER, such defect is deemed WAIVED if no objection on that - until all shall have been examined. (18)
ground is raised when the document involved is offered for
admission Notes:
Application of the Power of Exclusion: Applies only to the witnesses and

not to the parties to a civil action.
Laying the Predicate Laying the Foundation or Bases
Refers only to impeachment of a Refers to a situation where evidence which Power Does NOT Apply:
witness through PIS is incompetent will be introduced in - To Parties: They have a right to be present at the trial either by
evidence because it fails under the themselves or their attorneys, as well as reasonable notice of the time
exceptions to the rule on exclusion fixed thereof. Parties CANNOT be divested by an exclusion order.
- To an Accused in a Criminal Case: He has the right to be present
Impeaching “by laying the predicate” May be Dispensed With In case of and defend in person and by counsel at every stage of the
Prior Inconsistent Statements (PIS) proceedings.
- As to the testimony of the Adverse Party: If the PIS appears in a
disposition of the adverse party and not a mere witness (the If the Witness Violates the Order of Exclusion: Court may:
deposition may be used by any party for any purpose) - Bar him from testifying
- When the previous statements of a witness are offered as evidence of - Give little weight to his testimony aside from his liability for
an admission, and not merely to impeach him contempt
- When such PIS is admissible as independent evidence (Beda, p308)
Note: It is within the power of the judge to refuse to order the exclusion of
Ratio for Laying the Predicate the principal witness during the hearing of a criminal case
1. To avoid unfair surprise to the adversary
2. To save time (an admission will make extrinsic proof unnecessary) Sec. 16. When witness may refer to memorandum.
3. To give the witness a chance to explain
A witness may be allowed to refresh his memory respecting a fact:
- by anything written or recorded by himself or under his direction
Sec. 14. Evidence of good character of witness. at the time:
- when the fact occurred, or
- immediately thereafter, or
- at any other time when the fact was fresh in his memory and knew knows that the memorandum is correctly states the transaction
that the same was correctly written or recorded; correctly written by him or under his
but in such case: direction: No need to swear
- the writing or record must be produced and may be inspected BY the
adverse party, who may, IF he chooses: Value of the Memorandum: It is STILL testimonial in character
o cross examine the witness upon it, and may read it in - The memorandum used to refresh the memory of the witness does
evidence. not constitute evidence, and may not be admitted as such
- The memorandum is NOT admissible as corroborative evidence
So, also, a witness may testify from such writing or record, though he since a witness cannot be corroborated by any written statement
retain no recollection of the particular facts: prepared wholly by him
- IF he is able to swear that the writing or record correctly stated the
transaction when made; Note: The memorandum NEED NOT be the original writing. A copy will
- but such evidence must be received with caution. (10a) suffice.
Notes:
Application of the Article – ONLY when it is shown beforehand that there

is a need to refresh the memory of the witness.
Revival of Present Memory Revival of Past Recollection Sec. 17. When part of transaction, writing or record given in evidence, the
Present Recollection Revived Past Recollection Recorded remainder, the remainder admissible.
(1st Sentence) (2nd Sentence)
Applies if the witness remembers the Applies where the witness does not When part of an act, declaration, conversation, writing or record is:
facts regarding his entries recall the facts involved - given in evidence by one party,
Requisites: Requisites: - the whole of the same subject may be inquired into by the other, and
1. Memorandum has been written by 1. Witness retains no recollection when a detached act, declaration, conversation, writing or record is given in
him or under his direction; and of the particular facts evidence:
2. Written by him: 2. But he his able to swear that - any other act, declaration, conversation, writing or record necessary
o When the fact occurred or the record or writing correctly to its understanding
immediately thereafter; or stated the transaction when - may also be given in evidence. (11a)
o At any other time when the made
fact was fresh in his memory Sec. 18. Right to respect writing shown to witness.
and he knew that the same
was correctly recorded Whenever a writing is shown to a witness, it may be inspected by the adverse
Entitled to greater weight Entitled to lesser weight party. (9a)
Evidence is the testimony Evidence is the writing or record
(the memorandum)
Rule of evidence affected is Rule of evidence affected is the best B. AUTHENTICATION AND PROOF OF DOCUMENTS
competency of witness, examination evidence rule
of witness (laying the predicate) Sec. 19. Classes of Documents.
The witness simply testifies that he Witness must swear that the writing
For the purpose of their presentation evidence, documents are either public or For the purpose of their presentation in evidence:
private. PUBLIC DOCUMENTS PRIVATE DOCUMENTS
As to GR: Admissible in evidence NOT Self Authenticating. It
Public documents are: Authenticity w/o further proof of its must be proved relative to
genuineness and due its due execution and
(a) The written official acts, or records of the official acts of the sovereign execution genuineness, before it may
authority, official bodies and tribunals, and public officers, whether of the EXC: Where a special rule be received in evidence
RP, or of a foreign country; of law requires proof thereof
(b) Documents acknowledge before a notary public: despite its being a document
- EXCEPT last wills and testaments; and acknowledged (ex. Probate
(c) Public records, kept in the RP, of private documents required by law to be of notarial wills)
entered therein. As to Evidence even against 3rd Binds only the parties who
Persons persons, of the fact which executed it or their privies,
All other writings are private. (20a) Bound gave rise to its due execution insofar as due execution and
and to the date of the latter date of the document
Notes: concerned
Note: Certain transactions must be in a public document; otherwise they will
Authentication, defined: The process of proving the due execution and not be given any validity.
genuineness of the document
Requisites for the Admissibility of a Copy of a Foreign Official
Document, defined: A deed, instrument or other duly authorized paper by Document:
which something is proved, evidenced or set forth. 1. It must be attested by the officer having legal custody of the records
or by his deputy and
Classes of Documents 2. It must be accompanied by a certificate of the Philippine diplomatic
- Public Documents: A document acknowledged before persons and consular representative to the foreign country certifying that
authorized to administer oaths. “Official Documents” such attesting officer has the custody of the document,
o A document to be public must be an official written act of a Ratio of #2: Not a mere technicality but is intended to justify the giving of
public officer full faith and credit to the genuineness of a document in a foreign country.
o A foreign decision purporting to be the written record of an
act of an official body or tribunal of a foreign country is a Sec. 20. Proof of private document.
public writing.
- Private Documents: Includes commercial documents BEFORE any private document offered as authentic is received in evidence,
its due execution and authenticity must be proved either:
However, private documents required by law to be entered in public
records may be considered “public documents” (a) By anyone who saw the document executed or written; or
- Note: If a private writing itself is inserted officially into a public (b) By evidence of the genuineness of the signature or handwriting of the
record, its record, its recordation or its incorporation into the public maker.
record becomes a public document BUT that does NOT make the
private writing itself a public document so as to make it admissible Any other private document:
w/o authentication. - need only be identified as that which it is claimed to be. (21a)
Sec. 21. When evidence of authenticity of private document not necessary . 4. When the authenticity and due execution of the document has been
expressly and impliedly admitted by failure to deny the same under
Where a private document: oath (ex. Actionable documents)
1. is more than 30 years old, Additional Ground in Beda Reviewer:
2. is produced from the custody in which it would naturally be found if 5. When such genuineness and due execution are immaterial to the
genuine, and issue
3. is unblemished by any alterations or circumstances of suspicion,
no other evidence of its authenticity need be given. (22a) Authenticity and Proved by: Evidence of the genuineness of the
Due Execution of a handwriting of the maker
Sec. 22. How genuineness of handwriting proved. Private Document
Proved by:
The handwriting of a person may be proved: 1.Testimony of the purported writer
- by any witness who believes it to be the handwriting of such person 2.A witness who actually saw the person writing the
because: Handwriting instrument (Sec 20a)
o he has seen the person write, OR 3.A witness familiar with such handwriting (Sec 22)
o has seen writing purporting to be his upon which the witness has and who can give his opinion thereon, such opinion
acted or been charged, AND being an exception to the opinion rule
o has thus acquired knowledge of the handwriting of such person. 4.A comparison by the court of the questioned
handwriting and admitted genuine specimens thereof
(Sec 22)
Evidence respecting the handwriting may also be given by a comparison, 5.Expert Evidence (Sec 49)
made: Note: Sec 22 merely enumerated the methods of proving handwriting but it
- by the witness or the court, does not give preference or priority to a particular method
- with writings admitted or treated as genuine by the party against Handwriting Experts – NOT Mandatory; Weight of Expert Testimony:
whom the evidence is offered, or proved to be genuine to the It depends upon the assistance he may afford in pointing out distinguishing
satisfaction of the judge. (23a) marks, characteristics, discrepancies in and between genuine and false
specimen of writings which would ordinarily escape notice or detection by an
Sec 20, 21, 22: Rules on Authentication of Private Documents untrained observer
Doctrine of Self Authentication: Where the facts in the writing could only
have been known to the writer Ancient Documents
Doctrine of Authentication of the Adverse Party: Where the reply of the - 3 Requirements (See codal Sec 21)
adverse party refers to and affirms the transmittal to him and his receipt of - An ancient document is said to be in the proper custody if it is in the
the letter in question, a copy of which the proponent is offering in evidence. place in which and under the care of the person with whom it would
naturally be.
Authentication of a Document is NOT Required When: - Ratio: The fact of its coming from the natural and proper place tends to
1. The writing is an Ancient Document (Sec 21) remove presumptions of fraud and strengthen the belief of its
2. When the writing is a public document on record (Sec 19) genuineness
3. When it is a notarial document, acknowledged, proved and certified - By merely producing the document: it establishes prima facie its own
in accordance with Sec 30 authenticity. The burden then shifts to the adverse party to prove
otherwise.
Sec. 23. Public documents as evidence. Note: Absent the attestation of the proper officer, a mere copy of the foreign
document is not admissible as evidence to prove the foreign law.
Documents consisting of entries in public records made in the performance
of a duty by a public officer: Sec. 25. What attestation of copy must state.
- are prima facie evidence of the facts therein stated.
All other public documents are evidence: Whenever a copy of a document or record is attested for the purpose of
- even against a third person, evidence, the attestation must state, in substance:
- of the fact which gave rise to their execution and of the date of the - that the copy is a correct copy of the original, or a specific part
latter. (24a) thereof, as the case may be.
The attestation:
Notes: - must be under the official seal of the attesting officer, IF there be
any, or
Public documents are admissible w/o further proof of their due execution and - IF he be the clerk of a court having a seal, under the seal of such
genuineness court. (26a)
Ratio: Sec. 26. Irremovability of public record.

- Necessity: practical impossibility of requiring the official’s attendance as
a witness to testify to the innumerable transactions occurring in the Any public record, an official copy of which is admissible in evidence:
course of his duty - must not be removed from the office in which it is kept,
- Trustworthiness: There is a presumption of regularity, legality and - EXCEPT upon order of a court where the inspection of the record is
accuracy essential to the just determination of a pending case. (27a)
Sec. 24. Proof of official record. Irremovability of Public Record

- GR: A public record cannot be removed from the office which it is kept
The record of public documents referred to in paragraph (a) of Section 19, - EXC: It may be removed by order of the court BUT ONLY when
when admissible for any purpose, may be evidenced: essential to the just determination of a pending case (ex. subpoena duces
- by an official publication thereof or tecum)
- by a copy attested by the officer having the legal custody of the Note: The rule however, refers only to a public record, an official copy of
record, or by his deputy, and which could be made available to the interested party and is admissible in
accompanied, IF the record is not kept in the RP, with: evidence.
- a certificate that such officer has the custody.
Ratio:
IF the office in which the record is kept is in foreign country: 1. To enable others to use the record;
- the certificate may be made BY a secretary of the embassy or 2. To prevent the serious risk of loss;
legation, consul general, consul, vice consul, or consular agent or by 3. To prevent its exposure to wear and tear
any officer in the foreign service of the RP stationed in the foreign
country in which the record is kept, and Sec. 27. Public record of a private document.
- authenticated by the seal of his office. (25a)
An authorized public record of a private document may be proved:
Whether the Record if Domestic or Foreign – It may be Evidenced By: - by the original record, or
1. An official publication - by a copy thereof, attested by the legal custodian of the record, with
2. A copy thereof duly attested by the proper officers an appropriate certificate that such officer has the custody. (28a)
Notarial Document, defined: One which is duly acknowledged before a
Note: If a private writing itself is inserted officially into a public record, its notary public. (It is a public document)
record, its recordation or its incorporation into the public record becomes a - The notary must be duly authorized and must have notarized said
public document BUT that does NOT make the private writing itself a public document in accordance with the Notarial Law.
document so as to make it admissible w/o authentication.
Probative Value of a Notarial Document: It is evidence of the facts
Sec. 28. Proof of lack of record. expressed therein
A written statement: When a Certified True Copy is Presented It Should Comply With the FF
- signed by an officer having the custody of an official record or by his to be Admissible:
deputy 1. The provisions that should appear in the certification or attestation of
- that after diligent search, no record or entry of a specified tenor is the said copy (Sec 24 & 25)
found to exist in the records of his office, 2. It must have the documentary stamp affixed unless specifically
- accompanied by a certificate as above provided, exempted as in the case of baptismal or birth certificate.
is admissible as evidence that the records of his office contain no such record Note: It is presumed that the requisite stamps have been affixed to the
or entry. (29) original copy of a document where only the carbon copies thereof are
available
Note: When a special power of attorney is executed and acknowledged

before a notary public or other competent officer in a foreign country, it
cannot be admitted in evidence in RP courts unless it is certified as such in
accordance with Sec 24.
Sec. 29. How judicial record impeached. Public Instruments do NOT Have Uniform Probative Value
- The law does not specifically provide that the contents of public
Any judicial record may be impeached by evidence of: instruments w/o distinction are equally evidence against 3 rd parties
- The probative value of public instruments depends on the kind of
(a) want of jurisdiction in the court or judicial officer, document that is presented in evidence.
(b) collusion between the parties, or
(c) fraud in the party offering the record, in respect to the proceedings. (30a) Rules on Baptismal Certificates (BC)
- Issued by priests during the Spanish regime: Considered public
Sec. 30. Proof of notarial documents. documents
- Issued after the Spanish regime: Considered private documents and
Every instrument: cannot even be considered as prima facie evidence of the fact that gave
- duly acknowledged or proved and rise to its execution (it is considered hearsay unless the priest who
- certified as provided by law, performed the baptismal rites are produced)
may be presented in evidence:
- without further proof, Note:
- the certificate of acknowledgment being prima facie evidence of the - BCs are not sufficient proof of paternity or recognition of a child . It
execution of the instrument or document involved. (31a) is only proof of the baptism administered but not the veracity of the
statements in the certificate concerning the relationship of the person
Notes: baptized. (OLD RULE)
- NOW, Art 172 of the Family Code provides: “Filiation of legitimate To avoid interruption of proceedings:
children is established by the record of birth in the civil registry” - parties or their attorneys are directed to have such translation
prepared before trial. (34a)
Note: BCs may be used to determine the minority of the victim in statutory
rape Note: Under the 1987 Constitution: “The official languages are Filipino and,
until otherwise provided by law, English, with the regional languages as
Note: Death Certificates is not proof of the cause of death – its probative auxiliary official languages in the region”
value being confined only to the fact of death
- Statements therein regarding the duration of illness and the cause of
death are mere hearsay.
- However, it is admissible to prove residence of decedent at the time
of death.
Sec. 31. Alteration in document, how to explain.
The party producing a document as genuine:

- which has been altered and
- appears to have been altered after its execution,
- in a part material to the question in dispute,
must account for the alteration.
He may show that the alteration: C. OFFER AND OBJECTION

- was made by another, without his concurrence, or
- was made with the consent of the parties affected by it, or Sec. 34. Offer of evidence.
- was otherwise properly or innocently made, or
- that the alteration did not change the meaning or language of the The court shall consider NO evidence which has not been formally offered.
instrument. The purpose for which the evidence is offered:
If he fails to do that: - must be specified. (35)
- the document shall NOT be admissible in evidence. (32a)
Notes:
Sec. 32. Seal.
GR: The court shall consider no evidence which has not been formally
There shall be no difference between sealed and unsealed private documents: offered. The purpose for which the evidence is offered must be specified.
- insofar as their admissibility as evidence is concerned. (33a) EXC: If there was repeated reference thereto in the course of the trial by
adverse party’s counsel and of the court, indicating that the documents were
Sec. 33. Documentary evidence in an unofficial language. part of the prosecution’s evidence.
- Two requisites must concur: (Pp v. Napta)
Documents written in an unofficial language: 1. The document must have been duly identified by testimony duly
- shall not be admitted as evidence, recorded.
- UNLESS accompanied with a translation into English or Filipino. 2. The document must have been incorporated to the records of the case.
Ex. Presented and marked in the pre-trial and testified as to the details 4. Formal Offer: After the termination of the testimonial evidence, the
and contents and was cross examined. proponent will then make a formal offer and state the purpose for
which the document is presented.
Purpose Why Offer Must be Specified: To determine whether that piece of 5. If the evidence is excluded, an offer of proof
evidence should be admitted or not because such evidence may be admissible 6. Objections: It is only when the proponent rests his case and
for several purposes under the doctrine of multiple admissibility. formally offers the evidence that an objection may be made.
Objection prior thereto is premature
You Follow What is Stated in the Offer: It must be rejected if it is
inadmissible for the purpose stated even if it is admissible for another Identification and Authentication is Not needed in private documents: If
purpose. there is a stipulation on its due execution and genuineness.
Authentication is Not needed in public documents
Sec. 35. When to make offer.
Marking and identifying of evidence as an exhibit does NOT mean that it
As regards the testimony of a witness, the offer must be made: has been offered as part of evidence.
- at the time the witness is called to testify. - Evidence identified and marked as exhibits may be withdrawn before
the formal offer thereof or may not at all be offered as evidence.
Documentary and object evidence shall be offered: - If they are not formally offered in evidence – such cannot be
- AFTER the presentation of a party's testimonial evidence. considered as evidence nor can they be given any evidentiary value.
- Such offer shall be done orally UNLESS allowed by the court to be Note: The SC has admitted evidence to prove mitigating circumstance even
done in writing. (n) if they are not presented or offered in evidence considering the gravity of the
offense and the interest of justice.
When to Make an Offer: Depends on its form:

Testimonial/Oral Evidence Documentary and Object Evidence Sec. 36. Objection.
At the time the witness is called to After the party has presented his
testify testimonial evidence, before he rests Objection to evidence offered orally must be made:
Oral Evidence is Always Offered 2x: Offered only once - immediately after the offer is made.
1. Before the witness testified
2. Every time a question is asked of Objection to a question propounded in the course of the oral examination of a
him (implied offer) witness shall be made:
- as soon as the grounds therefor shall become reasonably apparent.
Procedure Before Documentary and Object Evidence Can be
Considered by the Court An offer of evidence in writing shall be objected to:
1. Marking: To facilitate their identification. May be made during pre- - within 3 days AFTER notice of the
trial or trial. - UNLESS a different period is allowed by the court.
2. Identification: Proof that the document being presented is the same
one referred to by the witness in his testimony In any case, the grounds for the objections must be specified. (36a)
3. Authentication: Proof of a document’s due execution and
genuineness. Notes:
Classifications of Objections:
1. General Objection – It does not go beyond declaring the evidence as
immaterial, incompetent, irrelevant or inadmissible. It does not specify Note: Here, the party may just enter a general and continuing objection to the
the grounds for objection. “Broadside Objection” same class of evidence and the ruling of the court shall be applicable to all
2. Specific Objection – It states why or how the evidence is irrelevant or such evidence of the same class.
incompetent. - The court may also motu proprio treat the objection as a continuing one,
Requirements to Exclude Inadmissible Evidence: Sec. 38.Ruling.

1. One has to object to the evidence
2. The objection must be timely made and The ruling of the court must be given:
3. The grounds for the objection must be specified (specific objections) - immediately AFTER the objection is made,
- UNLESS the court desires to take a reasonable time to inform itself
Effect of General Objection: on the question presented;
- Failure to specify the grounds is a waiver of objection but the ruling shall ALWAYS be made:
- BUT when evidence is excluded upon a mere general objection, the - during the trial and
ruling will be upheld IF any ground in fact existed for the exclusion. - at such time as will give the party against whom it is made an
opportunity to meet the situation presented by the ruling.
When to make Objection: (If not made w/in such time = waived)
Offer Time to Object The reason for sustaining or overruling an objection need not be stated.
Offered orally Made immediately after the offer is made - However, IF the objection is based on two or more grounds:
Question propounded in the course Made as soon as the grounds thereof shall o a ruling sustaining the objection on one or some of them
of the oral examination of a witness become reasonably apparent must specify the ground or grounds relied upon. (38a)
Offer of evidence in writing W/in 3 days after notice of the offer
unless a different period is allowed by the Note: The court should only consider evidence for the purpose for which it
court. was offered.
Note: the formal offer of evidence at the time the witness is called to testify When Should the Ruling Be Made?
is necessary to enable the court to intelligently rule on any objection. GR: Parties who object is entitled to a ruling at the time the objection is
- Proponent must: Show its evidence, materiality and competence made
- Adverse party must: Promptly raise any objection thereto - If no ruling is made, it would prejudice the rights of the client since there
Note: A document admitted not as an independent evidence but merely as would be no way of knowing if one would be compelled to meet any
part of the testimony of a witness does NOT constitute proof of the facts evidence.
related therein. - The attorney must inform the court of the lack of ruling – IF NOT:
o gr: The case cannot be reopened on such ground. The right to
Sec. 37.When repetition of objection unnecessary. object is deemed waived and cannot be raised on appeal
o exc: When there is a serious prejudice on substantial rights – the
When it becomes reasonably apparent in the course of the examination of a appellate court may consider it a reversible error.
witness: EXC: Unless the parties present a question to which the court desired to
- that the question being propounded are of the same class as those to inform itself before making its ruling.
which objection has been made, - Here, it is proper for the court to take reasonable time to study the
- whether such objection was sustained or overruled, questions
it shall NOT be necessary to repeat the objection:
- it being sufficient for the adverse party to record his continuing Sec. 39.Striking out answer.
objection to such class of questions. (37a)
Should a witness answer the question: Erroneous Admission or Rejection of Evidence
- BEFORE the adverse party had the opportunity to voice fully its - GR: New Trial is warranted
objection to the same, and - EXC: Not a ground for new trial or reversal:
- such objection is found to be meritorious, o IF there are other independent evidence to sustain the decision or
the court shall: o IF in correcting it, would not have changed the decision
- sustain the objection and Note: IF the court discovered such error BEFORE judgment had become
- order the answer given to be stricken off the record. final or BEFORE an appeal had been perfected – it may reopen the case
On proper motion, the court may also: Policy of “Por lo Que Puedo Valer” - The practice of excluding evidence
- order the striking out of answers which are incompetent, irrelevant, on doubtful objections should be avoided.
or otherwise improper. (n) - It is impossible for the judge of first instance to known with certainty
whether testimony is relevant or not and when there is no indication of
Mode of Excluding Inadmissible Evidence bad faith on the attorney offering such evidence – the court as a rule may
1. Objection when the evidence is offered safely accept the testimony upon the statement that the proof offered will
2. Motion to strike out or Expunge – proper in the following cases: be connected later.
a. When the witness answers prematurely before there is reasonable - Greater reason to adhere to such policy in criminal cases when it can lead
opportunity for the party to object (Sec 39) to the erroneous acquittal of the accused which the People can no longer
b. Unresponsive answers appeal.
c. Answers that are incompetent, irrelevant, or improper (Sec 39)
Note: There must be an objection before motion to strike. The ruling of the court on procedural questions and on admissibility of
d. Uncompleted testimonies where there was no opportunity for the evidence during the course of the trial is interlocutory.
party to cross-examine - They may not be the subject of a separate appeal
e. Conditionally admitted evidence not later substantiated. - They are to be assigned as errors and reviewed in the appeal taken
from the trial court on the merits of the case.
Sec. 40.Tender of excluded evidence. [RULE 133]

WEIGHT AND SUFFICIENCY OF EVIDENCE
IF documents or things offered in evidence are excluded by the court:
- the offeror may have the same attached to or made part of the Sec 1.Preponderance of evidence, how determined.
record.
IF the evidence excluded is oral, the offeror may state for the record: In civil cases, the party having burden of proof:
o the name and other personal circumstances of the witness and - must establish his case by a preponderance of evidence.
o the substance of the proposed testimony. (n) In determining where the preponderance or superior weight of evidence on
the issues involved lies, the court may consider:
Rationale of the Requirement of Attaching Evidence: So that in case of - all the facts and circumstances of the case,
appeal, the appellate court may be able to examine the same and determined - the witnesses' manner of testifying,
the propriety of their rejection - Since Documents forming no part of proofs - their intelligence,
before the appellate court cannot be considered in disposing of the case, - their means and opportunity of knowing the facts to which there are
otherwise that would infringe upon the constitutional right of the adverse testifying,
party to due process. - the nature of the facts to which they testify,
- the probability or improbability of their testimony, 1. It may be disturbed if the TC has plainly overlooked certain facts of
- their interest or want of interest, and also substance and value which, if properly considered, might effect the
- their personal credibility so far as the same may legitimately appear result of the case
upon the trial. 2. Also, when the identification of the accused or credibility of witness
The court may also consider: and one judge heard the testimony of the prosecution witness BUT
- the number of witnesses, though the preponderance is not necessarily different judge penned the decision – GR rule does not apply
with the greater number. (1a)
Competency of a witness does not mean that the witness is credible or
Sec. 2.Proof beyond reasonable doubt. will be believed by the court.
- Facial expressions are not necessarily indicative of one’s feelings.
In a criminal case, the accused: The TC should not however discredit a witness by the supposed
- is entitled to an acquittal, expression of lack of sincerity in his face, the judge should put that
- UNLESS his guilt is shown beyond reasonable doubt. fact on the record and allow the witness to explain
Proof beyond reasonable doubt: - Demeanor, emphasis gestures, inflection of the voice aids the proper
- does not mean such a degree of proof as, excluding possibility of evaluation of credibility
error, produces absolute certainly. - The fact that a person has reached the “twilight of his life” (advance
Moral certainly ONLY is required, OR that degree of proof which produces age) is not always a guaranty that he would tell the truth
conviction in an unprejudiced mind. (2a) - The facts adduced in a record of a preliminary investigation are
evidence ONLY for the purpose of testing the credibility of the
Notes: witness
Requirements for Evidence to Be Worthy of Credit ISSUE: Number of Witness

- Must not only proceed from a credible source but must, in addition, - GR: The number of witness should not in and by itself determine he
be credible in itself – It must be natural, reasonable and probable as weight of evidence
to make it easy to believe. - EXC: In case of conflicting testimonies of witness – such factor may
- It should be in accord with the common knowledge and experience be given certain weight
of mankind
GR: Findings of the judge who tried the case and heard the witnesses are not Note: The failure of a party to present merely corroborative or cumulative
to be disturbed on appeal evidence does not give rise to any adverse or unfavorable presumption
EXC: It may be disturbed for good cause: if there are substantial facts and
circumstances which have been overlooked and which, if properly 2 Conflicting Testimonies of 1 Witness 2 Witnesses w/ Conflicting
considered, might effect the result of the case Testimonies
The court can accept either statement as proof The court shall adopt the
ISSUE: Credibility of the Witness Note: If the witness gives a false testimony - testimony which he believes
- Defined: The witnesses’ is meant his integrity, disposition and he impeaches his own testimony and the court to be true
intention to tell the truth in the testimony he has given should exclude it from all consideration
GR: The findings of the TC will not be disturbed on appeal since it is in a Note: The most subtle and prolific of all fallacies of testimony arises out of
better position to decide the question, having heard and observed the “unconscious partisanship” (ex. Passengers and driver in an accident)
demeanor of each witness
- For the same reason, the matter of assigning values to declarations at
the witness stand is best and competently performed by the TC
EXCEPTIONS:
Bias, defined: That which motivates the disposition to see and report matters Rules on Conspiracy
as they are wished for rather than as they are - Conspiracy need not be established by direct evidence
- It is present when a witnesses’ relation to the cause or to the parties - It may be proved by: A number of indicative acts, conditions and
is such that he has an incentive to exaggerate or give false color to circumstances
his statements or to suppress or pervert the truth, or to state what is - It may be proved by circumstantial evidence but it must be proved
false. with as much certainty as the crime itself.
- Bias is NOT a factor: When the witnesses on both sides are equally - It may be deduced from the mode and manner in which the offense
interested or biased, especially if there is no numerical was committed
preponderance on either side. Rule on Qualifying or Aggravating Evidence:
- The testimony of an interested witness is not necessarily biased, - It must be proved in an evident and incontestable manner.
incredible or self-serving - It must be proved as conclusively as the acts constituting the offense.
Rule on Proving Self-defense
Testimonies in Criminal Cases - The one claiming self-defense must rely on the strength of his own
- Testimony of a co-conspirator or an accomplice is admissible – since defense and not on the weakness of the prosecution
it comes from a polluted source, it must be scrutinized with caution - Self-defense must be proved by “clear and convincing” evidence
- The testimony of a SINGLE witness may be sufficient to produce Rule on Alibi
conviction IF: - Alibi is one of the weakest defense since it is easily susceptible of
o It appears to be trustworthy and reliable, clear and concoction – hence must be viewed w/ suspicion
convincing - It may be considered ONLY: by “positive, clear and satisfactory
o NOT if there is unexplained contradictions on an important evidence”
detail - The accused must not only prove his alibi but also that it was
- Testimony of the offended party is not essential to convict an physically impossible for him to be at the scene of the crime
accused if there are already other evidence to prove such guilt - Such defense becomes weaker when not corroborated
- The fact that the prosecution w/o explanation failed to call several - Still, the prosecution still has the onus probandi in establishing the
witnesses mentioned in the information – gives rise to the guilt of the accused and the weakness of the defense does not relieve
presumption that their testimonies would not be favorable to the it from such responsibility
prosecution’s cause. - Defense of alibi must be predicated on substantial and reliable
- Delays of a witness in revealing what he knows about a crime does evidence sufficient and reliable to engender reasonable doubt
not render his testimony false since there is always the inherent fear Note: When the accused withdraws his appeal after realizing the futility of
or reprisal in criminal cases. Such delay if satisfactorily explained his defense and the other escapes from confinement – said acts are
does not undermine her credibility unmistakable signs of guilt.
- The refusal of a person to submit to investigation to explain the - Flight of the accused is evidence of guilt; however, non-flight is not
innocent role he professes is inconsistent with the normal reaction of indicative of innocence.
an innocent man.
- GR: The mere relationship of the witness to the victim does not Rules on Inconsistent or Contradictory testimony
impair his positive and clear testimony nor render the same less - If they refer to mere insignificant details – they do not materially
worthy of credit; EXC: When there is a showing of improper motive impair the credibility of witness
- Using as witnesses persons who were accomplices w/o including o It does not affect the material points.
them in the information – does not render the testimony inadmissible o They indicate veracity rather than prevarication and only
- The identity of the offender like the crime must be proved beyond tend to bolster the probative value of such testimony
reasonable doubt
“Falsus in Uno, Falsus in Omnibus”: When testimony is believed in part - They are subordinated in importance to open court declarations
and disbelieved in part depending upon the corroborative evidence and the (Since they are oftentimes executed when the affiant is at a high pitch of
probabilities of the case excitement and when his mental state is not as to afford him a fair
- Deals only with the weight of evidence and is not a positive rule of opportunity of narrating in full the incident when it transpired)
law. It is not an absolute one nor mandatory and binding upon the - They are not complete reproductions of what the declarant has in
court which may accept or reject the witnesses’ testimony mind (since the are generally prepared by the administering officer)
- Does NOT Apply: - Ex parte affidavits are generally incomplete, hence discrepancies
o When the challenged testimony is sufficiently corroborated between the statements of the affiant and that made on the witness stand
on many grounds do not necessarily discredit him
o When such mistakes do not arise from an apparent desire to - It is an affidavit is only prima facie evidence of weak probative force
pervert the truth but from innocent lapses and the desire of - When the affidavit is inconsistent with the testimony – the latter is
the witness to exculpate himself although not completely invariably believed.
- Omissions and misunderstandings by the writer are not infrequent.
Rules on Corroborative Testimonies Note: These rules do not apply when the omission in the affidavit refers to a
- Non-production of a corroborative witness w/o any explanation – very important detail
weakens the testimony of the witness to be corroborated
- Corroboration is NOT required in the crime of rape (EXC. when the Non-Payment of Taxes: Indicative of the fact that the claimant does not
point at issue is whether the act was committed w/ or w/o the use of believe himself to be the owner of the property.
force or threat – such testimony should be scrutinized with the Continuous Payment: Great weight in favor of ownership
greatest caution)
Tax declarations: NOT conclusive evidence of ownership BUT if
Note: The testimony of persons accidentally present at the time of the accompanied by open, adverse and continued possession in the concept of an
execution of the will is not weighty as that of the subscribing witness owner – they constitute evidence of great weight
Affirmative Testimony v. Negative Testimony On the Motive of the Accused in a Criminal Case
- Affirmative testimony has greater weight than negative testimony GR: Motive is immaterial and since it is not an element of a crime – it need
- Negative testimony cannot prevail over positive statements not be proved
- In weighing contradictory declarations – greater weight is given to - Mere proof of motive, no matter how string, cannot sustain a
positive testimony conviction if there is no other evidence establishing the guilt of the
Note: Witnesses admittedly present while a fact is taking place may not accused
coincide in describing all the details of the occurrence. It doesn’t necessarily
imply falsehood. EXC: Evidence of motive is relevant or essential in the ff instances:
1. When the identity of the assailant is in question
Effect of Falsehood 2. To determine the voluntariness of the criminal act or the sanity of the
- When a party resorts to falsehood to advance his suit – it is presumed accused
that he knows perfectly well that his cause is groundless 3. To determine from which side the unlawful aggression commenced, as
- Falsehood, fraud, fabrication or suppression of evidence are receivable as where the accused invoked self-defense wherein unlawful aggression on
indications of his consciousness that his cause is weak or unfounded the part of his opponent is an essential element
4. To determine the specific nature of the crime committed (ex. When
Rules on Affidavits murder is during a rebellion)
5. To determine whether a shooting was intentional or accidental
6. When the accused contends that he acted in defense of a stranger since he - The rule is however, considered as merely evidentiary or in the
must not have been motivated by revenge nature of a procedural rule – the application does NOT dispense with
7. When the evidence is circumstantial or inconclusive and there is a doubt the requisite of proof of negligence.
whether a crime has been committed or whether the accused has
committed it. Sec. 3.Extrajudicial confession, not sufficient ground for conviction.
8. When it is an element of the offense (ex. To show malice in libel)
An extrajudicial confession made by an accused:
Rule on Identification of Suspects: The “Totality of Circumstances” Test - shall not be sufficient ground for conviction,
- Such test utilizes the following factors - UNLESS corroborated by evidence of corpus delicti. (3)
1. The witness’ opportunity to view the criminal at the time of the
crime
2. The witness’ degree of attention at that time Corpus Delicti, defined: Actual commission of someone of the particular
3. The accuracy of any prior description given by the witness crime charged.
4. The level of certainty demonstrated by the witness at the - Literally means “The body or the substance of the crime”
identification - It is the actual commission by someone of the particular crimes
5. The length of time between the crime and the identification and charged.
6. The suggestiveness of the identification procedure Elements:
1. The existence of a certain act or result forming the basis of the
12 Danger Signals That the Identification May be Erroneous criminal charge and
1. The witness originally stated that he could not identify anyone 2. The existence of a criminal agency as the cause of the act or result
2. The witness knew the accused before the crime but made no (someone criminally responsible)
accusation against him when questioned by the police Note: The identity of the accuse is NOT a necessary element
3. A serious discrepancy exists between the witness’ original How Proved?: When the evidence on record shows that the crime prosecute
description and his actual description of the accused had been committed
4. Before identifying the accused at the trial, the witness erroneously
identified some other person Corpus Delicti in THEFT
5. Other witnesses of the crime fail to identify the accused 1. That the property was lost by the owner and
6. Before trial, the witness sees the accused but fails to identity him 2. That it was lost by a felonious taking
7. Before the commission of the crime, the witness had limited Note: The fact of the crime of theft may be established even w/o recovery of
opportunity to see the accused the thing stolen
8. The witness and the person identified are of different racial groups
9. During his original observation of the offender, the witness was Corpus Delicti in ILLEGAL POSSESSION OF A FIREARM
unaware that a crime was involved 1. The existence of the firearm
10. A considerable time elapsed between the witness’ view and his 2. That it has been actually held with animus possidendi by the accused
identification of the accused w/o the corresponding license.
11. Several persons committed the crime
12. The witness failed to make a positive trial identification Corpus Delicti in MURDER
- The fact of death
Res Ipsa Loquitor (“the thing speaks for itself”) - Note: If there is doubt as to the identity of the cadaver – there is no
- Rule that the fact of the occurrence of an injury taken with the corpus delicti
surrounding circumstances, may permit an inference or raise a
presumption of negligence, or make out a plaintiff’s prima facie case Requirement of Independent Evidence of the Corpus Delicti
- Mere EX-J confession uncorroborated by independent proof of
corpus delicti is NOT sufficient to sustain a judgment of conviction Sec. 5.Substantial evidence.
- The evidence may be circumstantial, but just the same, there must be
some evidence substantiating the confession In cases filed before administrative or quasi-judicial bodies, a fact may be
- Corpus Delicti is NOT synonymous with the whole charge so as to deemed established IF:
require that all the elements of the crime be established (Hence for a - it is supported by substantial evidence, or
complex crime of robbery with murder – corpus delicti of only - that amount of relevant evidence which a reasonable mind might
murder will still be admissible although there is no independent accept as adequate to justify a conclusion. (n)
evidence of robbery)
Note: Substantial Evidence does not necessarily mean preponderant proof as
Sec. 4.Circumstantial evidence, when sufficient. required in ordinary civil cases, but:
1. That amount of relevant evidence which a reasonable mind might
Circumstantial evidence is sufficient for conviction if: accept as adequate to justify a conclusion or
(a)There is more than one circumstance; 2. Evidence commonly accepted by reasonably prudent man in the
(b)The facts from which the inferences are derived are proven; and conduct of their affiants
(c)The combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt. (5) In Civil Cases: The proponent must establish the case by preponderance of
evidence
Notes: - If there is an equiponderance of evidence (same weight) – the court
will find for the defendant – same rule will apply in criminal cases –
In Order to Convict on the Strength of Circumstantial Evidence (CE) if there is an equiponderance , the prosecution will lose
Alone:
- It is incumbent on the prosecution to present such CE which will and Sec. 6.Power of the court to stop further evidence.
must necessarily lead to the conclusion that the accused is guilty of
the crime charged beyond reasonable doubt. The court may stop the introduction of further testimony upon any particular
point when:
GR: CE is sufficient even for a capital offense - the evidence upon it is already so full that more witnesses to the
EXC: When the law specified the species and quantum of evidence (ex. same point cannot be reasonably expected to be additionally
Treason) persuasive.
- But this power should be exercised with caution. (6)
When CE does NOT suffice to sustain conviction: Note: The court has the power to stop the introduction of testimony which
- Falsification will merely be cumulative
- Bigamy, adultery, parricide (evidence of 1st marriage is necessary),
- libel through written publications Sec. 7.Evidence on motion.
Note: Not only prior and coetaneous actuations of the accused in relation to When a motion is based on facts not appearing of record:
the crime but also his acts or conduct after thereto can be considered as CE of - the court may hear the matter on affidavits or depositions presented
Guilt by the respective parties,
- BUT the court may direct that the matter be heard wholly or partly
Note: Motive becomes important when the evidence of the crime is purely on oral testimony or depositions. (7)
circumstantial
Note: If the affidavits contradict each other on matters of fact – the court can
have no basis to make its findings of fact and the prudent course is to subject
the affiants to cross-examination

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RULES OF EVIDENCE

Based on the Book of Regalado Other Laws Governing Evidence

Rules on Extrajudicial Admissions:

Rules on Contradicting Judicial Admissions

B. DOCUMENTARY EVIDENCE Sec. 4. Original of document.

Sec. 2. Documentary evidence. (a) The original of the document is:

1. BEST EVIDENCE RULE (Primary Evidence Rule) (c) When an entry:

When Can Parol Evidence of a Collateral Agreement (CA) Between the

Note: False description shall not vitiate a document IF the subject is

In the construction of an instrument, where there are several provisions or When:

Reason for the Rule: d) A minister or priest cannot:

(b) An attorney cannot: [MARITAL PRIVILEGE]

Requisites for the Disqualification Based on Physician-Patient (P-P) [MINISTER/PRIEST-PENITENT PRIVILEGE]

No Compromise is Valid Upon the Following Cases:

Notes: Application of the Requirement that the Conspiracy must Preliminarily

Rule on Admission Made By Counsel Existence of the Conspiracy May be Inferred:

Custodial Investigation (CI), defined:

2 Classes of Independently Relevant Statements: Notes:

The reputation or tradition:

Requisites W/ Respect to Reputation or Tradition Under Sec 40 Notes:

Ex. Mortality tables, annuity tables

Requisites for Admissibility Requisites for Admissibility

Actions may be Essentially Different: Testimony given in a civil case is

Rule on Admissibility of Prior Judgment (Not testimony)

Sec 1. Burden of proof.

Burden of proof is the duty of a party to present evidence on the facts in

Burden of Proof or “onus probandi”, defined: Obligation imposed upon a

Quantum of Evidence Required:

Presumptions Judicial Admission and Judicial Notes:

(g) That a thing delivered by one to another belonged to the latter;

Facts to Be Proved By the Prosecution for Presumption (J) to Apply:

While ordinarily, irregularity will not be presumed, an adverse assumption

(q)That the ordinary course of business has been followed;

Those who were engaged in a given trade or business are presumed to be

Presumption is the same as the rule in Art 43 of the CC

Par (KK) Par (JJ)

In Order for Presumption (JJ) to Apply, It is Necessary That:

Sec 1. Examination to be done in open court.

The examination of witnesses presented in a trial or hearing:

Sec.2. Proceedings to be recorded.

The entire proceedings of a trial or hearing, INC:

A transcript of the record of the proceedings:

How Oral Evidence is Given

How Testimony of the Witness Should be Elicited Notes:

Classification of Immunity Statutes

What Rule Do we Follow? - BOTH

Application of the Power of Exclusion: Applies only to the witnesses and

Application of the Article – ONLY when it is shown beforehand that there

Ratio: Sec. 26. Irremovability of public record.

Sec. 24. Proof of official record. Irremovability of Public Record

Note: When a special power of attorney is executed and acknowledged

Sec. 31. Alteration in document, how to explain.

The party producing a document as genuine:

He may show that the alteration: C. OFFER AND OBJECTION

When to Make an Offer: Depends on its form:

Requirements to Exclude Inadmissible Evidence: Sec. 38.Ruling.

Sec. 40.Tender of excluded evidence. [RULE 133]

Requirements for Evidence to Be Worthy of Credit ISSUE: Number of Witness

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