CLASSIFICATION OF EVIDENCE BASED ON FORMS

Object Documentary Testimonial

This is for the purpose of allowing the court to view, examine, or Documents as evidence of writings or any material containing letters, words, numbers, figures, A witness perception of a past event, being recollected and communicated to
observe the evidence. symbols, or other modes of written expressions offered as proof of their contents. the court in the form of spoken words or any form of communication.
Real Admissibility of Evidence Best Evidence Original Document Qualification of a Witness – capacity to perceive, remember what he
1.) It must be competent Rule – offered 1.) Contents is the subject of the inquiry perceived, communicate what he remembered, taking of oath or affirmation,
2.) It must be authenticated as proof of the 2.) All are executed at the same time, with same contents absence of any of the DQ.
3.) Authenticated by a competent witness Documents’ 3.) Document is repeated in the ordinary course of business, one Disqualification of a Witness
4.) It must be formally offered contents being copied from another at or near the time of transaction. Mental Insanity Reckoning period is that the insanity exist at the time
Chain of Custody – preserve the integrity and - merely an order When Best Evidence Rule Does Not Apply the witness is called to testify
evenditiary value of the seized items of presentation. 1.) Collateral fact rule
Immaturity Refers to both the time he perceive the incident and the
1.) Immediately upon seizure, the seizing officer 2.) When the purpose of the evidence is to prove a fact which
time he is called to testify
must mark the drugs has an existence independent from the document
TN: child is presumed to be mature
2.) Inventory and photographing at the place 3.) When a party admits the genuiness and due execution of the
Death or Insanity DQ- Parties or Assignors of parties to a case, or person
where the SW is served or at the nearest police doc
DEAD MAN’S in whose behalf a case is prosecuted
station or office of seizing officer in case of 4.) Waiver or objection
STATUE AGAINST – executor, administrator or other
warrantless arrest whichever is practicable. Exceptions to the BER representative of the deceased or insane
XPN: Substantial compliance 1.) Original has been lost or destroyed UPON – a claim or demand a
1.) Must be admitted by the seizing officer that 2.) Original is in custody fo the adverse party AGAINST – the Estate of the latter cannot testify as to
they failed to comply 3.) When original consists of numerous accounts any fact occurring
2.) There is justification for non- compliance 4.) When original is a public record in the custody of of a public BEFORE the death of such deceased person or or before
3.) They must prove that the integrity and officer such person became of unsound mind.
Prove the existence and due execution of the originals
evidentiary value of the illegal drugs has been Marriage Marital Disqualification Rule
The loss and destruction of the original or the reason for its non-production in court
preserved. There is absence of bad faith on the part of the offeror to which the unavailability of - Protects the relationship
TN: You can raise the defense of inadmissibility of evidence if it is the original can be attributed
other than illegal drugs.
Privileged Marital Privileged Communication
Communication -survives the marriage. “During and After”
Rule 2, Section 1 (b) of the REE(Original Electronic Evidence) -either of them need not be a party in a case
Authentication Electronic Electronic document refers to information or the representation of -If information falls - can be waived by failure to object
Demonstra - It is not required that the photographer should Evidence information, data, figures, symbols, or other modes of written expression, into the hands of a Lawyer-Client Privileged Communication
be the one to authenticate as long as he is described or however represented, by which a fact may be proved and third person legally
tive 1.) Communication made by the client to the
familiar with the person, thing or event affirmed, which is received, recorded, transmitted, stored, processed, or illegally, the lawyer
captured. retrieved or produced electronically. confidential nature 2.) Lawyer’s advice to the client whether in
- “Faithfull representation” of the object Rule 4, Section 1, REE Rules on Authentication of EE of the obligation is the course of, or in view of professional
portrayed can be proved prima facie, either by 1.)When the document consists of two or more copies executed at or extinguished. employment.
1.) the testimony of the person who made it. about the same time with identical contents. (ex. CC all your friends in MUST refer to past act or crime and not future or
2.) by any other competent witnesses. email) -May only be continuing crimes.
- Subject to impeachment as to its accuracy 2.)Counterpart produced by the same impression as the original, or from invoked by TN: COMMON INTEREST AND JOINT INTEREST
the same matrix, or by mechanical or electronic re-recording, or by privileged holder
Physician-Patient Privileged Communication
chemical reproduction, or by other equivalent techniques which is except if a.) holder
Evidence which depend on skill, experience and special The only testimonial evidence that Covers as well
accurately reproduced the original. is deceased or
Scientific training of witnesses who are responsible for these types of medical records. Applies only in civil cases.
Parol Evidence Instances when Parol Evidence Rule Does not Apply incapacitated
scientific evidence. b.) holder is alive
Rule when the 1.) When the document does not constitute a written contract or Priest-Penitent Communication
terms of an agreement and of sound mind
Lie Detector/ Polygraph Test The information must be given in the course of the
agreement have 2.) If at least one of the parties to the suit is NOT a party to the but is absent
professional character of the priest or minister. It
Premised on the scientific fact that a person who lies is written agreement
been reduced to should not be for a legitimate purpose. Otherwise, if
likely to exhibit physiological changes in his body. 3.) When prior or contemporaneous agreement is independent
writing, it is made in furtherance of some crime, the privileged
Inadmissible in any judicial proceedings. from or inconsistent w/ written agreement
considered as comm rule does not apply.
containing all 4.) When the adverse party fails to object
Paraffin Test 5.) When any of the exceptions to the parol evidence rule applies
Privileged Communication with Public
terms agreed
Establishes the presence or absence of nitrates in the upon and there Exceptions to Parol Evidence Rule Officers – PO cannot be examined DURING his term of office
subject. or afterwards, as to communications made to him in his official
can be, between 1.) Intrinsic ambiguity, mistake or imperfection confidence, when the court finds that the public interest would
-admissible but not conclusive proof. It is corroborative, the parties and 2.) Failure of the agreement to express the true intent of parties suffer by the disclosure.
thus standing alone is not sufficient their successors 3.) Validity of the agreement Newsman’s Privilege
in interest, no 4.) Existence of other terms agreed to by the parties or their
DNA Test – can be filed before the filing of the case, evidence of such successors in interest
during or post-conviction. terms other than Parties
PATERNITY – prove prima facie case of paternity first. the contents of 1.) One who signs the contract
the written 2.) Successors-in-interest Parental and Filial Privilege
Corroborative – which cannot stand and cannot be relied agreement 3.) Beneficiary (stipulation puour atrui)
on its oqn. 4.) Party whose claim is based on the written agreement
5.) Party who asserts a right originating from a written
agreement

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 Admission Hearsay
Admission Against Interest Section 26 Admissible Hearsay – If an evidence is offered against a Hearsay Evidence is inadmissible because of the absence of Cross-Examination, absence of demeanor of evidence and
– The act, declaration or omission of a party as to a party, that party has the right to confront the evidence. So absence of oath or affirmation.
relevant fact may be given in evidence against him. if a witness comes forward with a testimony adverse to General Rule: A witness may only testify to those facts which are known by him based in his personal knowledge.
-EXTRAJUDICIAL. him, that person has the right to cross examine the source INDEPENDENTLY RELEVANT STATEMENT (Offered for Non-Hearsay Purpose) May be used as Circumstantial Evidence. Offered to prove
- The one testifying has no personal knowledge as to of the info. In this case there is no cross examination that a statement, declaration was in fact made. The witness has knowledge as to the making of the statement.
the truth or falsity of the admission because the declarant himself is the source of the info. Testimonial Qualities :
Admissible 1.)the witness sincerity or his willingness to testify truthfully and sincerely
2.) The witness should possess the ability or capacity to testify accurately. (see Qualifications of a witness)
Admission Made by a Third Party (Res Inter SECOND BRANCH Exceptions
Alios Acta) FIRST BRANCH Sec 34. –GR Evidence that one did or did not do a certain Dying Declaration Sec 37 Trustworthiness Necessity (declarant is Part of Res Gestae Sec 42 Trustworthiness Necessity
Section 28 – The rights of a party cannot be thing at one time is NOT admissible to prove that he did or dead thus unable to testify)ANY CASE (instinctive, spontaneous declaration heard by someone else)
prejudiced by an act, declaration, or omission did not do the same or a similar thing at another time; 1.) Must be made under consciousness of an impending death. 1.) Spontaneous Statements
of another, except as hereinafter provided. XPN: but it may be received as 2.)Dead declarant must have been competent to testify had he 2.) Verbal Acts – equivocal acts material to the issue, should
CIRCUMSTANTIAL EVI to prove intent or knowledge, survived be accompanied by a statement
- The witness is NOT the declarant
identity, plan, system, scheme, habit, custom or usage, 3.)Must relate to the cause or the surrounding circumstances. Req. – 1.) Spontaneous (should not be tainted)
General Rule : INADMISSIBLE 4.) If the death is the subject of the inquiry
and the like. 2.) no opportunity to concoct
EXCEPTIONS of FIRST BRACNCH ( ADMISSIBLE NA Because of Common Interest) RATIFICATION: (Babiera) 3.)During or immediately prior or subsequent to the startling
a.) Only admissions made within the scope of the authority of the partner or the Doctrine of Completeness. occurrence
Partners or
Agents agent. Declaration Against Interest Sec 38 Vs. Admission Against Interest Sec 26
An agent is b.) It must relate to the partnership or the agency, and while the agency or the Trustworthiness and Necessity The act, declaration or omission of a party as to relevant fact
considered as an partnership exists. No man in a right man would make a declaration against his interest may be given in evidence against him
extension of the c.) The partnership or the agency is shown by evidence other than the declaration and Necessity. Extrajudicial Admission (Jurisprudence, Estrada vs. Desierto)
personality of the or admission. Extrajudicial Admissions (Rules of Court) Declarant is not necessary dead.
rd
principal, Admission against the declarant successor in interest and 3 parties
considered as one
Act or Declaration About Pedrigree Sec 39 Family Reputation or Tradition regarding Pedigree
Privies For an admission of a predecessor-in-interest to be admissible against the successor-in- Trustworthiness and Necessity Sec 40
Persons who are interest, the ff. must be present Family members are presumed by law to know the personal Reliability/Trustworthiness
partakes ow who 1.) There must be an act, declaration, or omission by a predecessor-in-interest circumstances of their family members. 1.) Testimonial Evidence – witness must be a family member
have an interest in 2.) The act, declaration, or omission of the predecessor must have occurred while 1.)there must be an act/declaration abt pedigree who testify about the pedigree of the person belonging to the
any action or thing, he was holding (not after) the title to the property; and 2.)The declarant must be dead or unable to testify same family
or any relation to 3.) The act, declaration, omission must be in relation to the property. 3.)The declaration must involve matters concerning the pedigree of 2.) Family Possessions – family bibles, family chart, engravings
another another relative and rings and family portraits. Etc
Co- conspirators Should relate the conspiracy’s existence and the conspiracy must be established by evidence 4.) The rel bet the declarant and person whose pedigree in question Ferrer vs. Echausi
other than by the declaration or admission by the co-conspirator. must be established by evidence other than the act or declaration Death of Declarant is not a requirement
Conspiracy – exists
when 2 or more To be admissible against co-conspirators, the ff. must concur:
persons come to an a.) The declaration or act be made or done during the existence of the conspiracy Common Reputation Sec 41 Commercial List
agreement b.) The declaration must relate to the conspiracy Existing previous to the controversy for more than 30 years
concerning the c.) The conspiracy must be shown by evidence other than such declaration or act. 2 matters: 1.) Matters of general or public interest
commission of a 2.)Matters respecting marriage or moral character (30 yrs not
felony and decide required)
to commit it. No need to have personal knowledge of the act or conduct of the
person. Reputation can do it!
Entries in the Course of Business Sec 43 Official Records Sec 44 made in performance of duty
Admission By Silence Section 32 Trustworthiness and Necessity -personal knowledge of facts OR sufficient official information
- Presumption of Regularity and Veracity because it was entered into Official Information –the information was derived from
by the official in his ordinary course of business someone specifically enjoined by law. Ex. Solemnizing officer
-Entrant must be Dead or Unable to Testify -Entrant must NOT necessarily be Dead. Need not testify in court
-Entrant must have personal knowledge

Learned Treatises Opinion Evidence

Offer of Compromise

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 Marital Disqualification Rule
Purpose: To preserve marital relations, promote
domestic peace and harmony and to prevent perjury
Co-terminus with marriage. As long as the marriage
subsists, the disqualification applies except if the
marriage subsists but is so strained that the purpose of
DQ does not exist anymore.
Witness Spouse – one DQ to testify
Affected Spouse – one who may invoke the rule
The witness spouse “may” or “may not be” a party to
the case, but the affected spouse must be a party to
the case but the affected spouse must be a party to
the case
GR: Neither the husband nor the wife may testify “for
or against” the affected spouse.
XPTN:
1.) In a civil case by one against the other
2.) In a criminal case for a crime committed by one
against the other or the latter’s direct descendants or
ascendants
3.) If the affected spouse consent
4.) strained relationship
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Marital Privileged Communication
Admission Declaration Against Interest
Purpose: Encourage free flow of communication to
Topic under Res Inter Alios Acta Section 38 Topic as Exception to Hearsay
enable the party to perform his obligation effectively to
the other and to protect the confidential nature of the
obligation. Admissible in evidence even if the person making such is alive To be admitted, the declarant must be dead or
and is in court or even if deceased unable to testify
Survives the Marriage
Made at any time even during trial Generally made before the controversy arises
Admissible as long as it is inconsistent with his present claim or
defense and need not be against one’s pecuniary or moral
interest Admissible even against third persons
It is not required the spouses or any of them must be a
party to a case, so long as the disclosure of the Admissible only against the party making the admission
confidential information between them is sought
Admissible not as an exception to any rule An exception to hearsay rule
GR: During the marriage, the spouses may not be
examined as to any communication received in
confidence by one from the other.
XPTN:
1.) In a civil case against the other
2.) In a criminal case for a crime committed by
one against the other or the latter’s direct
descendants or ascendants
3.) If the other consents
Electronic Evidence
Purpose: Promote paperless writing.
Rule 2, Section 1 (b) of the REE
Electronic document refers to information or the representation of information, data, figures, symbols, or other modes
of written expression, described or however represented, by which a fact may be proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieved or produced electronically.
Original Document
An electronic document shall be regarded as equivalent of the original document under the Best Evidence Rule if it is a
printout or output readable by sight or other means, shown to reflect the data accurately
1.) Original electronic document in its digital form stored in the computer.
2.) A printout readable by sight or other means
3.) An output readable by sight or other means.
2 types of Functional equivalent of original
Rule 4 Section 2, REE
1.) When the document consists of two or more copies executed at or about the same time with identical
contents. (ex. CC all your friends in email)
2.) Counterpart produced by the same impression as the original, or from the same matrix, or by mechanical or
electronic re-recording, or by chemical reproduction, or by other equivalent techniques which is accurately
reproduced the original.
NPC vs. Codilla
- NPC confidently argued that REE now enforced does NOT distinguish an original from photocopy because
the two are both regarded as ORIGINALS.
- Photocopies are functional equivalent of the originals.
- The fact that the documents bear manual signatures negates the electronic character of the documents.
Therefore, they are governed by the rules on ordinary paper-based document, the Best Evidence Rule.
- Thus, applying BER, these documents are inadmissible for being mere photocopies, which are secondary
evidence, without accounting for the original.
- c.)
MCC International vs. Ssangyong Corp
- The documents involved were photocopies of a fax copy as received by Ssangyong from NCC, not original.
- The main purpose of the Rule is to promote paperless writing. The fact that the facsimile transmission
originated from a paper-based document and ended with another paper-based document is corrosive to the
concept of paperless writing.
- Thus, a photocopy of the print out of the original document cannot be considered electronic because the
print out is paper-based as opposed to digital.
Maliksi and Chato
- The resulting ptint out coming from the PCOS machine using scanning process is electronic. This, despite the
fact that the source document is paper-based.
- This is contrary to the previous 2 jurisprudence but it may be safe to say that since it involves ballots of
election it is governed by s special law which is the Omnibus Election Code.
Steps to determine if they are Admissible as Electronic Evidence (Codilla and Ssangyong)
1.) Determine if the document is an Electronic Document – the document is electronic when all the processes
involved are done electronically without any manual intervention (ex. Facsimile cannot be considered EE)
2.) If electronic Evidence Apply EE
Authentication of Electronic Evidence
1.) By Evidence that it had been digitally signed by the person purported to have signed the same.
2.) BY evidence that other appropriate security procedures or devices as may be authorized by the SC or by law
for authentication of electronic documents were applied to the document
3.) By other evidence showing its integrity and reliability to the satisfaction of the judge.
Ephemeral Electronic Communication (Quickie LOL)
Refers to text messages, telephone conversation, chat sessions, video and audio streaming, and other similar forms of
electronic communication, evidence of which is NOT retained or recorded.
Authentication of Ephemeral Evidence
1.) Testimony of the parties to the communication
2.) By one who has personal knowledge thereof.
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Best Evidence Rule
Purpose: Ensure accuracy and precision
Original Document
1.) Contents is the subject of the inquiry (when there is a dispute as to the accuracy of the wordings or the
terms of the doc)
2.) All are executed at the same time, with same contents
3.) Document is repeated in the ordinary course of business, one being copied from another at or near the
time of transaction.
When Best Evidence Rule Does Not Apply ( you may present secondary evidence without having to comply with the
procedure of presenting secondary evidence under the BER)
1.) Collateral fact rule (when the doc is merely incidental to the issue in the case)
2.) When the purpose of the evidence is to establish a fact which has an existence independent from the
document, although incidentally that fact is evidence by a document or reduced into writing.
(when such fact can be established by evidence other than the document)
3.) When the purpose of the document is to prove facts extraneous to the contents of the document.
4.) When a party admits the genuineness and due execution of the doc
5.) When an objection to the admission of an inadmissible evidence is waived
Exceptions to the BER
1.) Original has been lost or destroyed or cannot be produced in court without bad faith on the part of
the offeror
a.) Establish the existence and due execution of the original (ex. present witnesses)
b.) Prove the fact of loss of the original without bad faith on the part of the offeror
c.) Prove the contents of the original document
d.) Exerted reasonable effort in locating the original
2.) Original is in custody or under the control of the person against whom the evidence is offered, and the
latter fails to produce after reasonable notice
a.) Prove the fact, existence and due execution of the original
b.) Prove that the original is in the possession of the adverse party
Prove that you gave reasonable notice and despite that, the adverse party fails or refuses to
produce the original (ex. ask the court subpoena duces tecum)
3.) When original consists of numerous accounts or other documents which cannot be examined in court
without great loss of time, and the fact sought to be established from them is only the general result of
the whole.
a.) Establish the numerous and voluminous nature of the records
b.) Sufficiently show that the adverse party was given access to the numerous records to enable the
adverse party to test the accuracy during cross examination
c.) Prove that the fact sough to establish is only the general result of the whole
4.) When original is a public record in the custody of a public officer
a.) Ask the court for issuance of subpoena duces ad testificandum addressed to the public officer
b.) Certified true copy of the original document, issued by the legal custodian, suffices for purposes of
presenting evidence.
GR: THE BER excludes any evidence other than the original writing to prove the contents thereof, unless the offeror
1.) Prove the existence and due execution of the originals
2.) The loss and destruction of the original or the reason for its non-production in court (lost or numerous or in
custody of adverse party or in custody of a public officer.)
3.) There is absence of bad faith on the part of the offeror to which the unavailability of the original can be
attributed
Parol Evidence Rule when the
terms of an agreement have been
reduced to writing, it is considered
as containing all terms agreed upon
and there can be, between the
parties and their successors in
interest, no evidence of such terms
other than the contents of the
written agreement
-if there is a dispute over the
contents or terms of the written
agreement, the only allowable
evidence is the written agreement
itself. Any evidence whether oral or
written that would tend to vary or
modify the terms of agreement is
inadmissible, and can be excluded,
and objected to, under this Rule.
Instances when Parol Evidence Rule Does not Apply
1.) When the document does not constitute a written contract or
agreement – only parties to the written agreement can invoke the parol
evidence rule in the same manner as parol evidence rule can be invoked
against the party.
- The presence of third parties in the written agreement takes the dispute
out of the context of the parol evidence rule.
2.) If at least one of the parties to the suit is NOT a party to the written
agreement
- Parties bound:
1.) The one who signs the contract
2.) The successors-in-interest of the parties who signed the contract
3.) A beneficiary of a stipulation in favor of a third party
- He is a beneficiary of a stipulation in favor of a third party, he
can even enforce the contract even if he is not a signatory to the
contract because he has an interest, being a beneficiary. For
purposes of PER, he is bound and therefore, he cannot introduce
extraneous evidence to vary, modify, alter or contradict the
terms of the written agreement.
4.) The party whose claim is based on the written agreement
5.) The party who asserts right originating from a written agrement
3.) When prior or contemporaneous agreement is independent from or
inconsistent w/ written agreement
4.) When the adverse party fails to object
5.) When any of the exceptions to the parol evidence rule applies

Exceptions to Parol Evidence Rule

1.) Intrinsic ambiguity, mistake or imperfection
2.) Failure of the agreement to express the true intent of parties
3.) Validity of the agreement
4.) Existence of other terms agreed to by the parties or their successors in
interest
Parties
1.) One who signs the contract
2.) Successors-in-interest
3.) Beneficiary (stipulation puour atrui)
4.) Party whose claim is based on the written agreement
5.) Party who asserts a right originating from a written agreement

Chain of Custody (RA 9165)

-it is a whole process of authentication, failure to comply with the authentication requirement in so far as OBJECT
evidence is concerned, results in the evidence being inadmissible. EXCEPT in illegal drugs - it will not render the
evidence inadmissible.
Requirement:
1.) Immediately marked upon seizure
2.) Inventory and photograph-taking Substantial compliance
-in the presence of the accused or the person/s from whom such items were confiscated and/or seized 1.) Must be admitted by the seizing officer that they failed to comply
- his representative or counsel 2.) There is justification for non- compliance

-representative from the media and the DOJ 3.) They must prove that the integrity and evidentiary value of the illegal drugs has been preserved.

-any elected officer

Who all shall be required to sign the copies of the INVENTORY and be given a copy thereof. Should bear
the indication “Copy received”
Venue: shall be conducted at the place where the search warrant was served; or at the nearest police
station or at the nearest office of the apprehending officer/team, whichever is practicable, in case of
warrantless seizures.
XPN: Non-compliance with these requirements under justifiable grounds, as long as the INTEGRITY and EVIDENTIARY
VALUE of the seized items are properly preserved by the apprehending officer, shall NOT render void and invalid such
seizure of and custody over said items.
Problem areas of the Law:
-The rule says the witnesses must be present “All at the same time” when the inventory is conducted
Illegal Drugs
There are actually 2 stages that evidence undergoes. 1.) admissibility stage 2.) weight and sufficiency
stage. In so far as admissibility stage is concerned, if the evidence fails to comply with the authentication requirement,
normally, it cannot even pass the test of admissibility stage but in illegal cases, the piece of evidence still is admissible
but it will certainly not pass the test of weight and sufficiency stage because it will not establish the elements of the
crime which is the corpus delicti.

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