Escolar Documentos
Profissional Documentos
Cultura Documentos
[RULE 128]
GENERAL PROVISIONS
Sec. 2. Scope.
Notes:
Factum Probandum
Factum Probans
- Negative Evidence: when the witness did not see or know of the
occurrence of a fact.
o Lesser weight since there is a total disclaimer of personal
knowledge, hence without any representation that the fact
could or could not have existed or happened.
o It is admissible only if it tends to contradict positive
evidence of the other side or would tend to exclude the
existence of fact sworn to by the other side.
Notes:
- When it is Relevant
o it must have a relation to the fact in issue as to induce belief
of its existence or non-existence
o Determined by the rules of logic and human experience.
- When it is Competent
o When not excluded by the law or by the RoC
o Determined by the prevailing exclusionary rules on evidence
1. That none but facts having rational probative value are admissible &
2. That all facts having rational probative value are not forbidden by
specific rules
Note: Here, Relevant Evidence means any class of evidence which has
“rational probative value” to establish the issue in controversy
Note: if not done within such time – right to object is deemed WAIVED
1. Conditional Admissibility
- When the evidence at the time it is offered appears to be immaterial
or irrelevant, such evidence may be received on condition that the
other facts will be proved thereafter
- IF not proved subsequently: evidence given will be stricken out.
- REQUISITE: There should be no bad faith on the part of the
proponent. (necessary to avoid unfair surprises)
2. Multiple Admissibility
- 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
- PROVIDED it must satisfy all the requirements for its admissibility.
3. Curative Admissibility
- The right of the party to introduce incompetent evidence in his behalf
where the court has admitted the same kind of evidence adduced by
the adverse party.
- 3 Theories of Curative Admissibility cited by Wigmore
o American rule – the admission of incompetent evidence
w/out objection by the opponent, does not justify rebutting it
by similar incompetent evidence.
o English rule – if inadmissible evidence is admitted, the
adverse party may resort to similar inadmissible evidence
o Massachusetts rule –similar incompetent evidence may be
admitted in order to avoid a plain and unfair prejudice
caused by the admission of the other party’s evidence
Collateral Matters, defined: Matters other than the facts in issue and
which
are offered as a basis for inference as to the existence or non-existence of
the
facts in issue
- GR: Collateral matters are INADMISSIBLE or not allowed
- EXC: when it tends in any reasonable degree to establish the
probability or improbability of the fact in issue (“Circumstantial
Evidence” or evidence of relevant collateral facts)
[RULE 129]
may:
AFTER the trial and BEFORE judgment OR ON appeal, the proper court:
may:
- take judicial notice of any matter and
- allow the parties to be heard thereon IF such matter is decisive of
a material issue in the case.
Notes:
- Mandatory
- Discretionary
Note: In Either Case, the court may allow the parties to be heard on the
matter in question
- During trial;
- After trial and before judgment;
- On Appeal
- ALL courts are required to take judicial notice of the decisions of the
Supreme Court
- 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
decision or the facts involved in another case tried by the same court
o EXCEPT when:
. Parties introduce the same in evidence
. The court as a matter of convenience, decides to do
so
Judicial Notice vs. Personal Knowledge of a Judge
- 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.
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 OF ADMISSIBILITY
Notes:
When can a Court Refuse the Introduction of Object (real) Evidence and
Rely on Testimonial Evidence Alone:
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
B. DOCUMENTARY EVIDENCE
- is in the custody or under the control of the party against whom the
evidence is offered, and
- the latter fails to produce it after reasonable notice;
- is a public record
- in the custody of a public officer OR is recorded in a public office.
(2a)
Notes:
Affidavits and depositions are not best evidence and hence not
admissible, IF the affiants or deponents are available as witnesses
Rules on Telegrams and Cables – W/N the dispatch sent or the dispatch
received is the best evidence of the message (depends on the issue)
2. SECONDARY EVIDENCE
- by a copy, or
- by a recital of its contents in some authentic document, or
- by the testimony of witnesses in the order stated. (4a)
Notes:
1st Exception to the Best Evidence Rule: When the original is lost or
destroyed
PNB v. Olila: When the original is OUTSIDE the jurisdiction of the court
(ex. Abroad), secondary evidence is ADMISSIBLE
EXC: Definite Evidentiary Rule When the law specifically provides for the
class and quantum of secondary evidence to establish the contents of a
document or bars secondary evidence such requirement is controlling
IF after such notice AND after satisfactory proof of its existence, he fails to
produce the document:
Notes:
2. That reasonable notice was given to the adverse party who has the
custody or control of the document;
3. Satisfactory proof of the document’s existence;
4. Failure or refusal by the adverse party to produce it in court.
Rule 130
Rule 27
Notes:
4th Exception to the Best Evidence Rule: When the original is a public
record in the custody of a public officer or is recorded in a public office
Such Document may be Evidenced BY:
- An official publication or
- A copy attested by the officer having legal custody and
- In the case of an authorized public record, by a copy thereof attested
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
Note:
Notes:
- 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.
Parol Evidence Rule Also does NOT APPLY (may not be invoked
against the other):
- When at least 1 party to the suit is not a party or privy to the written
instrument in question and does not base a claim or assert a right
originating in the instrument.
- A stranger may introduce extrinsic evidence against the written
agreement
-
“Imperfection” Includes:
Note: Art. 1363 NCC: When one party was mistaken and the other party
knew that the instrument did not state the real agreement and concealed
such
fact – the instrument may be reformed.
2nd Exception to the Parol Evidence Rule: Failure of the written agreement
to express the true intent and agreement of the parties
3rd Exception to the Parol Evidence Rule: The validity of the written
agreement
In the inquiry into the Validity if the Agreement, Parol Evidence may be
Admitted to Show:
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
of the written agreement
4. INTERPRETATION OF DOCUMENTS
may be shown, so that the judge may be placed in the position of those
whose language he is to interpret. (11)
Sec. 14. Peculiar signification of terms.
When:
the evidence:
C. TESTIMONIAL EVIDENCE
1. QUALIFICATION OF WITNESSES
Sec. 20. Witnesses; their qualifications.
may be witnesses.
Notes:
Note: The burden is upon the party objecting to the competency of a witness
to establish the grounds of incompetency.
Note: If they are children of tender years – the time of the occurrence to be
testified to should also taken into account
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
to be testified to and at the time the witness is offered to determine his/her
competency.
Note: If not made w/in the said time: right to object is deemed WAIVED
Notes:
Unsound Mind, defined: That which affects the competency of the witness
which includes any mental aberration, whether organic or functional, or
induced by drugs or hypnosis.
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
a witness EVEN if one is feeble-minded, a mental retardate, or is
schizophrenic.
Hence, the court should take into account his capacity for observation,
recollection and communication.
Child Witness
Ordinary Witness
It is NOT allowed
facilitator
Sec. 22. Disqualification by reason of marriage.
During their marriage, neither the husband nor the wife may testify for or
against the other:
EXCEPT:
Notes:
- GR: During the marriage, neither the husband nor the wife may
testify for or against the other w/o the consent of the affected spouse
Who may Object: Only the other spouse who is a party to the case.
Notes:
- Such plaintiff must be the real party in interest and not a mere
nominal party.
- The disqualification does NOT apply:
o when the counterclaim has been interposed by the defendant
as the plaintiff would thereby be testifying in his defense
o when the deceased contracted with the plaintiff through an
agent and said agent is alive and can testify, but the
testimony of the plaintiff should be limited to acts performed
by the agent.
Requirement No. 3: The case is upon a claim or demand against the estate
of such person who is deceased or of unsound mind
- The rule does not apply where it is the administrator who brings an
action to recover property allegedly belonging to the estate or the
action is by the heirs of a deceased who represented the latter
- This is restricted to debts or demands enforceable by personal
actions upon which money judgments can be rendered.
- An action for damages for breach of agreement to devise property for
services rendered is a claim against an estate
- Negative testimony (testimony that a fact did not occur during the
lifetime of the deceased) is NOT covered by the prohibition – as
such fact exists even after the decedent’s demise
1. To prevent perjury
2. To protect the estate from fictitious claims
3. To give the parties an equal opportunity to present evidence
EXCEPT:
be examined as to:
be examined as to:
which information:
- was necessary to enable him to act in such capacity, and
- which would blacken the reputation of the patient;
be examined as to:
Notes:
Disqualification By Reason of
Marital Privilege (Sec 24a)
Note: Waiving Sec 22 does not prevent the spouse from invoking sec 24 and
vice versa. So even if the information is not confidential, the spouse may
still
invoke sec 22 which is an absolute disqualification.
[ATTORNEY-CLIENT PRIVILEGE]
- the date when the privileged communication was made by the client
to the attorney in relation to either a crime committed in the past or
with respect to a crime intended to be committed in the future
[PHYSICIAN-PATIENT PRIVILEGE]
Note: It is not necessary that the P-P relationship was created through the
voluntary act of the patient. Death of the patient does not extinguish the
relation.
[MINISTER/PRIEST-PENITENT PRIVILEGE]
1. That the same were made pursuant to a religious duty enjoined in the
course of discipline of the sect or denomination to which they
belong; and
2. They must be confidential and penitential in character.
- Ex: under seal of the confessional
Note: It is the person making the confession who can invoke the privilege.
Note: When no public interest will be prejudiced - this rule will NOT apply.
• Art. 233 of the Labor Code - All information and statements made at
conciliation proceedings shall be treated as privileged communications
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
up at the conciliation proceedings conducted by them.
• Anti-Graft Cases
2. TESTIMONIAL PRIVILEGE
Notes:
Reason for the Rule: The reason for the rule is to preserve “family
cohesion”
Note: The privilege may now be invoked in both civil and criminal cases.
Notes:
Admission
Confession
It involves an acknowledgment of
guilt or liability
Must be express
Ex. Testimony of the accused in a parricide case to the effect that he was
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
such marriage
Admission
Admission by Conduct
In criminal cases:
EXCEPT:
Notes:
Compromise, defined: An agreement made between two or more parties as
a settlement of the matters in dispute.
Civil Cases
Criminal Cases
- In rape cases
o GR: In effect it may be compromised by actual marriage
o EXC: An offer to compromise for monetary consideration is
an implied admission.
o People v. Valdez: An offer of marriage during the
investigation is an admission of guilt
Notes:
Principle of Res Inter Alios Acta Alteri Noceree Non Debet: Things done
between strangers ought not to injure those who are not parties to it.
- 1st Part: Sec 28, rule 130
- 2nd Part: Sec 34, rule 130
- EXC: to the Rule: When the 3rd person is a
o Sec 29: A partner, agent, joint owner, joint debtor, or has a
joint interest with the party
o Sec 30: A co-conspirator
o Sec 31: A privy of the party
Basis of the GR: A party is not bound by any agreement to which he has no
knowledge and to which he has not given his consent. His rights cannot be
prejudiced by the declaration, act or omission of another EXC by virtue of
a
particular relation between them.
Basis of the EXC: A third party may be so united in interest with the party-
opponent that the other person’s admissions may be receivable against the
party himself. The term “privy” is the orthodox catchword for the relation.
Notes:
- GR: They are ADMISSIBLE against the client as the counsel acts
in representation and as an agent of the client
- EXC: It must not amount to a compromise or confession of
judgment (Because in compromise, the rule requires the consent of
the client)
Joint Debtor, defined: It does not refer to mere community of interest but
should be understood according to its meaning in solidum and not
mancomunada.
Notes:
- the act, declaration, or omission of the latter, while holding the title,
- in relation to the property,
Notes:
An act or declaration:
Notes:
To be Admissible the FF Requisites Must Concur:
Note: Implication of guilt is not derived from mere silence but from the
acquiescence in participating in the reenactment
- DOES NOT Apply IF: the statements adverse to the party were
made in the course of an official investigation, as where:
o he was pointed out in a custodial investigation and was
neither asked to reply nor comment on such imputations or
o when the party had a justifiable reason to remain silent, as
when he was acting on advice of counsel
Notes:
Forms of Confession:
Types of Confessions
- The confession contains details which the police could not have
supplied or invented.
- The confession contains details which could have been known only
to the accused
- The confession contains statements which are exculpatory in nature
- The confession contains corrections made by the accused in his
handwriting or with his initials and which corrected facts are best
known to the accused.
- The accused is sufficiently educated and aware of the consequences
of his act.
- It was made in the presence of impartial witnesses with the accused
acting normally on that occasion
- There is lack of motive on the part of the investigators to extract a
confession, with improbabilities and inconsistencies in the attempt of
the accused to repudiate his confession.
- The accused questioned the voluntariness of the confession only for
the first time at the trial of the case. (Estoppel)
- The contents of the confession were affirmed by the accused in his
voluntary participation in the reenactment of the crime, as shown by
his silent acquiescence thereto.
- The facts contained in the confession were confirmed by other
subsequent facts
- After his confession, the accused was subjected to physical
examination and there were no signs of maltreatment or the accused
never complained, but not where he failed to complain to the judge
on a reasonable apprehension of further maltreatment as he was still
in the custody of his torturers
- IF the accused was informed of his consti rights and was asked if
he understood it BUT was not asked if he wanted to exercise it
o INADMISSIBLE
Notes:
Principle of Res Inter Alios Acta: Things done between strangers ought not
to injure those who are not parties to it.
- 1st Part: Sec 28, rule 130; 2nd Part: Sec 34, rule 130
Note: Sec 34 applies to both civil and criminal cases and is strictly enforced
in all cases where it is applicable
An offer in writing:
Notes:
5. TESTIMONIAL KNOWLEDGE
Notes:
HOWEVER, it has also been held that even if it may be admissible, whether
objected to or not, has NO probative value, and as opposed to direct
primary
evidence, the latter always prevails. (People v. Willians, 2001)
1. Dying Declaration
2. Declaration Against Interest
3. Entries In The Ordinary Course of Business
4. Common Reputation
5. Commercial Lists
6. Learned Treatises
7. Act Or Declaration Against Pedigree
8. Res Gestae
9. Entries In Official Records
10. Family Reputation Or Tradition Against Pedigree
11. Testimony Or Deposition At A Former Proceeding (sec 47)
Notes:
Note: DDs may be regarded as part of res gestae as they were made soon
after a startling occurrence w/o any opportunity for fabrication or
concoction
Note: DDs are admissible in ANY case for as along as the requisites are met.
Old rule that it only applies to certain criminal cases is now abandoned.
Forms of DDs
Note:
IF the fact asserted in the declaration was at the time it was made:
- himself or
- his successors in interest and
- against third persons. (32a)
Notes:
Declaration Against Interest - DAI
Secondary Evidence
Primary Evidence
Interest covered:
1. Proprietary interest
2. Penal interest
o A justifiable theory because one who is criminally liable is also
civilly liable.
o People v. Toledo and Holgado: A declaration admitting that he
was the one who killed the victim, made by a delcarant who died
shortly thereafter, is admissible where another person was
subsequently charged as the killer of the same victim
3. Pecuniary interest
Notes:
Note: Reputation between the declarant and the person subject of inquiry
must be legitimate unless the issue is the legitimacy itself.
Notes:
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
Section 39
Section 40
Common reputation:
Evidence of Negative Good Repute: Where the foundation proof shows that
the
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
bad reputation or on the fact that the witness heard nothing against the
person.
Notes:
1. Be Spontaneous
2. Made while a startling occurrence is taking place or immediately
prior or subsequent
3. Relates to the circumstances of the startling occurrence.
4. Must be involuntary and simultaneously wrung from the witness by
the impact of the occurrence
Dying Declarations
Note: If both elements for res gestae and dying declarations are present –
they may be admitted as both.
GR: While the declarant was under the immediate influence of the
startling
occurrence. Hence, done immediately prior, during or subsequent to the
events.
EXC:
Entries made:
Notes:
1. The person who made the entry must be dead or unable to testify.
2. The entries were made at or near the time of the transaction to which
they refer;
3. The entrant was in a position to know the facts stated in the entries;
4. The entries were made in his professional capacity or in the
performance of a duty whether legal, contractual, moral or religious;
and
5. The entries were made in the ordinary or regular course of business
or duty;
Notes:
(Sec 44)
No such requirement
Needs authentication
No need
Note: The entrant must have been competent with respect to the facts stated
in his entries.
Entries in Official Records May be Proved: See Sec 24 and 25 Rule 132
Notes:
IF:
Notes:
Notes:
Notes:
- GR: Sec 48: Witnesses must give the facts and not their inference,
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.
Test: Whether the opinion called for will aid the fact finder in resolving an
issue
Note: An expert witness may base his opinion either on the first-hand
knowledge of the facts or on the basis of hypothetical questions where the
facts are presented to him and on the assumption that they are true,
formulates his opinion on the hypothesis.
On DNA Testing
Notes:
8. CHARACTER EVIDENCE
(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
tends to establish in any reasonable degree the probability or
improbability of
the offense charged.
(b) In Civil Cases:
(c) In the case provided for in Rule 132, Section 14, (46a, 47a)
Notes:
Ratio: The evidence of a person’s character does not prove that such person
acted in conformity with such character or trait in a particular occasion.
In Criminal Cases
- GR: The prosecution may not prove the BAD Moral Character (MC) of
the accused which is pertinent to the moral trait involved in the offense
charged.
- EXCEPTION:
o The prosecution may prove BAD MC at the rebuttal stage - IF
the accused, in his defense attempts to prove his GOOD MC.
o GOOD or BAD MC of the offended party may always be proved
if such evidence tends to establish the probability or
improbability of the offense charged.
In Civil Cases
Note: Here, the issue involved must be character. (Ex. Civil actions for
damages arising from the offenses of libel slander or seduction)
Person Referred To
W/ Respect to Witnesses
Civil Cases
Preponderance of Evidence
Charges of Misconduct
Against Judges
Administrative, Quasi-
Judicial and Agrarian
Cases
Criminal
Cases
To Sustain
Conviction
Preliminary Investigation
Issuance of Warrant
of Arrest
Proof
beyond
reasonable
doubt
Evidence as to “engender a
well-founded belief” as to
the fact of the commission
of the crime and the
respondent’s probable guilt
Probable Cause:
Reasonable ground to
believe that the
accused has committed
the offense .
Hierarchy of Evidence
Civil Cases
Criminal Cases
Plaintiff
Defendant
Cross
Claimant
In BOTH civil and criminal cases: The BURDEN OF EVIDENCE lies w/ the
party who asserts an affirmative allegation.
Civil Cases
Criminal Cases
Plaintiff
Prosecution
Defendant
In his counterclaim
and in his
affirmative defenses
Defense
As to the justifying,
exempting, mitigating, and
absolutory circumstances
Burden of Proof
Burden of Evidence
PRESUMPTIONS
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
forward with evidence to meet or rebut the presumption.
Presumptions
Classifications of Presumptions
Presumptions of Law
(praesumptiones juris)
Presumptions of Fact
(praesumptiones hominis)
1. ESTOPPEL IN PAIS (Rule 131, Sec. 2(a)) – The fact which the party in
estoppel has represented to be true is conclusively presumed as against
him to be true
Note: If the title asserted is one that is alleged to have been acquired
subsequent to the commencement of that relation, the presumption will not
apply
(c) That a person intends the ordinary consequences of his voluntary act;
All men are presumed to be sane and normal and subject to be moved by
substantially the same motives.
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
has been defeated or overcome illegally. There must be a violation of law,
the commission of what the law known as an actionable wrong before the
courts is authorized to lay hold of the situation and remedy it.
(f) That money paid by one to another was due to the latter;
(i) That prior rents or installments had been paid when a receipt for the
later
one is produced;
This is not in conflict with the presumption of innocence. At the start of the
criminal case, the court will apply the presumption of innocence. But once
the
prosecution is able to prove that a certain object has been unlawfully
taken, that
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
of innocence disappears. The new presumption of guilt takes place.
to it;
Burden of Proof: Is on the adverse party to show that he was not appointed
or designated.
(m) That official duty has been regularly performed;
Ratio:
- were laid before the court and passed upon by it; and
In the absence of proof to the contrary, there is a presumption that all men
act
fairly honestly, and in good faith.
(v)That a letter duly directed and mailed was received in the regular
course
of the mail;
- That the letter was properly addressed with postage pre-paid and that
it was actually mailed
- IF the said letter was not returned to the sender: It is presumed that it
was received by the addressee
The absentee shall not be considered dead for the purpose of opening his
succession:
The following shall be considered dead for all purposes including the
division of the estate among the heirs:
who has not been heard of for 4 years since the loss of the vessel or
aircraft;
(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
that the absent spouse is already death.
However, in any case, before marrying again, the spouse present must:
(x) That acquiescence resulted from a belief that the thing acquiesced in
was
conformable to the law or fact;
(y) That things have happened according to the ordinary course of nature
and
ordinary nature habits of life;
(z)That persons acting as copartners have entered into a contract of co-
partneship;
(aa) That a man and woman deporting themselves as husband and wife
have
entered into a lawful contract of marriage;
(1) A child born BEFORE 180 days after the solemnization of the
subsequent marriage:
- 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.
(2) A child born AFTER 180 days following the celebration of the
subsequent marriage:
- is considered to have been conceived during such marriage,
- even though it be born within the 300 days after the termination of
the former marriage.
(ee) That a thing once proved to exist continues as long as is usual with
things of the nature;
(ff) That the law has been obeyed;
(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
5. If one be under 15 or over 60, and the other between those ages:
o the latter is deemed to have survived.
(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;
- in the absence of proof, they shall be considered to have died at the
same time. (5a)
Par (KK)
Par (JJ)
- born after 300 days following the dissolution of the marriage or the
separation of the spouses.
Whoever alleges the legitimacy or illegitimacy of such child must prove his
allegation. (6)
Notes:
- An exact copy of Art 261 of the CC
- Applies when the dissolution of the marriage is by reason of causes other
than the death of the husband.
- Separation may be: legal separation or a separation de facto
[RULE 132]
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
UNLESS:
- the witness is incapacitated to speak, or
- the questions calls for a different mode of answer,
shall be recorded:
Purpose: to enable the court to judge the credibility of the witness by the
witness’ manner of testifying, their intelligence, and appearance.
- By question of counsel
- The court may also propound questions either on the direct or cross-
examination of the witness or suggest questions to counsel.
(4) Not to give an answer which will tend to subject him to a penalty for
an
offense UNLESS otherwise provided by law; or
(5) Not to give an answer which will tend to degrade his reputation
But a witness must answer to the fact of his previous final conviction for an
offense. (3a, 19a)
Notes:
GR: A witness cannot refuse to answer questions material to the inquiry
even if it may tend to establish a claim against him
Rationale against testimonial compulsion: The court may not extract from
the defendant’s own lips and against his will an admission of his guilt.
Accused
Ordinary Witness
UPON the termination of the direct examination the witness may be cross-
examined BY the adverse party
- 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
- EXC: We follow the American Rule (may only be cross-examined
on matters covered by direct examination )when:
o The witness is an unwilling or hostile witness as so declared
by the court OR is an adverse party
o The witness is an accused who testifies as a witness in his
own behalf
Hostile Witness, defined: One declared so by the court upon adequate
showing of his – adverse interest, unjustified reluctance to testify or his
having misled the party into calling to the stand.
On re-direct-examination:
Principal Object: To prevent injustice to the witness and the party who has
called him by affording an opportunity to the witness:
Sec. 8. Re-cross-examination.
UPON the conclusion of the re-direct examination, the adverse party may:
The court will grant or withhold leave in its discretion, as the interests of
justice may require. (14)
A question:
Leading Question, defined: One which suggests to the witness the answer
desired.
1. On cross-examination
2. On preliminary matters
3. Difficulty in getting direct and intelligible answers
4. Unwilling or hostile witness
5. Adverse party or an officer, director or a corporation or partnership
which is an adverse party
Leading questions have been allowed by the SC when the witness is:
immature, aged and infirm, in bad physical condition, uneducated,
ignorant
unaccustomed to court proceedings, feeble-minded, confused, has slow
comprehension, deaf and dumb, unable to speak or understand English.
(People v. Dela Cruz, 2002)
Note: A question that merely suggests a subject w/o suggesting an answer or
a specific thing is NOT a leading question
1. When waived;
BUT NOT:
Notes:
GR: One who voluntarily offers a witness’ testimony is bound by such (i.e.
cannot impeach or contradict),
EXCEPTIONS:
Notes:
- exclude from the court any witness not at the time under
examination, so that he may not hear the testimony of other
witnesses.
Notes:
Note: It is within the power of the judge to refuse to order the exclusion of
the principal witness during the hearing of a criminal case
at the time:
So, also, a witness may testify from such writing or record, though he
retain no recollection of the particular facts:
Notes:
(1st Sentence)
(2nd Sentence)
Requisites:
Requisites:
Sec. 17. When part of transaction, writing or record given in evidence, the
remainder, the remainder admissible.
For the purpose of their presentation evidence, documents are either public
or
private.
(a) The written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether of the
RP, or of a foreign country;
(c) Public records, kept in the RP, of private documents required by law to
be
entered therein.
All other writings are private. (20a)
Notes:
Classes of Documents
PUBLIC DOCUMENTS
PRIVATE DOCUMENTS
As to
Authenticity
As to
Persons
Bound
Ratio of #2: Not a mere technicality but is intended to justify the giving of
full faith and credit to the genuineness of a document in a foreign
country.
Doctrine of Self Authentication: Where the facts in the writing could only
have been known to the writer
Authenticity and
Due Execution of a
Private Document
Handwriting
Proved by:
Ancient Documents
Notes:
Public documents are admissible w/o further proof of their due execution
and
genuineness
Ratio:
1. An official publication
2. A copy thereof duly attested by the proper officers
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.
The attestation:
- GR: A public record cannot be removed from the office which it is kept
- EXC: It may be removed by order of the court BUT ONLY when
essential to the just determination of a pending case (ex. subpoena duces
tecum)
Note: The rule however, refers only to a public record, an official copy of
which could be made available to the interested party and is admissible
in
evidence.
Ratio:
Note: If a private writing itself is inserted officially into a public record, its
record, its recordation or its incorporation into the public record becomes
a
public document BUT that does NOT make the private writing itself a
public
document so as to make it admissible w/o authentication.
A written statement:
(c) fraud in the party offering the record, in respect to the proceedings.
(30a)
Notes:
- The notary must be duly authorized and must have notarized said
document in accordance with the Notarial Law.
Note: It is presumed that the requisite stamps have been affixed to the
original copy of a document where only the carbon copies thereof are
available
- The law does not specifically provide that the contents of public
instruments w/o distinction are equally evidence against 3rd parties
- The probative value of public instruments depends on the kind of
document that is presented in evidence.
Rules on Baptismal Certificates (BC)
Note:
Note: BCs may be used to determine the minority of the victim in statutory
rape
Note: Death Certificates is not proof of the cause of death – its probative
value being confined only to the fact of death
If he fails to do that:
Note: Under the 1987 Constitution: “The official languages are Filipino
and,
until otherwise provided by law, English, with the regional languages as
auxiliary official languages in the region”
C. OFFER AND OBJECTION
Notes:
GR: The court shall consider no evidence which has not been formally
offered. The purpose for which the evidence is offered must be specified.
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
part of the prosecution’s evidence.
Ex. Presented and marked in the pre-trial and testified as to the details
Testimonial/Oral Evidence
In any case, the grounds for the objections must be specified. (36a)
Notes:
Classifications of Objections:
When to make Objection: (If not made w/in such time = waived)
Offer
Time to Object
Offered orally
court.
Note: the formal offer of evidence at the time the witness is called to testify
is necessary to enable the court to intelligently rule on any objection.
- that the question being propounded are of the same class as those to
which objection has been made,
- whether such objection was sustained or overruled,
- The court may also motu proprio treat the objection as a continuing one,
Sec. 38.Ruling.
GR: Parties who object is entitled to a ruling at the time the objection is
made
- If no ruling is made, it would prejudice the rights of the client since there
would be no way of knowing if one would be compelled to meet any
evidence.
- 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
object is deemed waived and cannot be raised on appeal
o exc: When there is a serious prejudice on substantial rights – the
appellate court may consider it a reversible error.
EXC: Unless the parties present a question to which the court desired to
inform itself before making its ruling.
- Here, it is proper for the court to take reasonable time to study the
questions
- BEFORE the adverse party had the opportunity to voice fully its
objection to the same, and
- such objection is found to be meritorious,
the court shall:
- the offeror may have the same attached to or made part of the
record.
IF the evidence excluded is oral, the offeror may state for the record:
Note: IF the court discovered such error BEFORE judgment had become
final or BEFORE an appeal had been perfected – it may reopen the case
[RULE 133]
- is entitled to an acquittal,
- UNLESS his guilt is shown beyond reasonable doubt.
Notes:
- Must not only proceed from a credible source but must, in addition,
be credible in itself – It must be natural, reasonable and probable as
to make it easy to believe.
- It should be in accord with the common knowledge and experience
of mankind
GR: Findings of the judge who tried the case and heard the witnesses are
not
to be disturbed on appeal
EXC: It may be disturbed for good cause: if there are substantial facts and
circumstances which have been overlooked and which, if properly
considered, might effect the result of the case
EXCEPTIONS:
2 Witnesses w/ Conflicting
Testimonies
Note: The most subtle and prolific of all fallacies of testimony arises out of
“unconscious partisanship” (ex. Passengers and driver in an accident)
Bias, defined: That which motivates the disposition to see and report
matters
as they are wished for rather than as they are
Rules on Conspiracy
- The one claiming self-defense must rely on the strength of his own
defense and not on the weakness of the prosecution
- Self-defense must be proved by “clear and convincing” evidence
Rule on Alibi
- Alibi is one of the weakest defense since it is easily susceptible of
concoction – hence must be viewed w/ suspicion
- It may be considered ONLY: by “positive, clear and satisfactory
evidence”
- The accused must not only prove his alibi but also that it was
physically impossible for him to be at the scene of the crime
- Such defense becomes weaker when not corroborated
- Still, the prosecution still has the onus probandi in establishing the
guilt of the accused and the weakness of the defense does not relieve
it from such responsibility
- Defense of alibi must be predicated on substantial and reliable
evidence sufficient and reliable to engender reasonable doubt
Note: When the accused withdraws his appeal after realizing the futility of
his defense and the other escapes from confinement – said acts are
unmistakable signs of guilt.
Note: Witnesses admittedly present while a fact is taking place may not
coincide in describing all the details of the occurrence. It doesn’t
necessarily
imply falsehood.
Effect of Falsehood
Rules on Affidavits
Note: These rules do not apply when the omission in the affidavit refers to a
very important detail
Non-Payment of Taxes: Indicative of the fact that the claimant does not
believe himself to be the owner of the property.
- Rule that the fact of the occurrence of an injury taken with the
surrounding circumstances, may permit an inference or raise a
presumption of negligence, or make out a plaintiff’s prima facie case
- The rule is however, considered as merely evidentiary or in the
nature of a procedural rule – the application does NOT dispense with
the requisite of proof of negligence.
Elements:
How Proved?: When the evidence on record shows that the crime prosecute
had been committed
Note: The fact of the crime of theft may be established even w/o recovery of
the thing stolen
(b)The facts from which the inferences are derived are proven; and
Notes:
EXC: When the law specified the species and quantum of evidence (ex.
Treason)
- Falsification
- Bigamy, adultery, parricide (evidence of 1st marriage is necessary),
- libel through written publications
Note: Not only prior and coetaneous actuations of the accused in relation
to
the crime but also his acts or conduct after thereto can be considered as CE
of
Guilt
Note: Motive becomes important when the evidence of the crime is purely
circumstantial
The court may stop the introduction of further testimony upon any
particular
point when:
Note: The court has the power to stop the introduction of testimony which
will merely be cumulative
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