RULES OF EVIDENCE Negative evidence – when a witness states that he did not see or

Evidence – the means, sanctioned by the Rules, of ascertaining in a know the occurrence of a fact
judicial proceeding the truth respecting a matter of fact. Admissibility of evidence Weight of evidence
Relevant evidence – evidence which has a relation to the fact in Pertains to the ability of the Pertains to the effect of
issue as to induce belief in its existence or non-existence; evidence evidence to be allowed and evidence admitted
which tends in any reasonable degree to establish the probability or accepted subject to its relevancy
improbability of the fact in issue. and competence
Material evidence – evidence which is directed to prove a fact in
Substantive essence or The probative value of evidence
issue as determined by the rules of substantive law and pleadings;
characteristic feature of evidence which the court may give to
evidence of such quality of substantial importance to the particular
as would make it worthy of admit after complying with the
issue, apart from its relevance
consideration by the court before rules of relevancy and
The terms “relevant” and “material” are practically the same. They its admission competency
are used interchangeably by the SC.
Competent evidence – evidence which is not excluded by the law
or by the Rules of Court Proof Evidence
Direct evidence – evidence which proves a fact in dispute without Effect and result of evidence Medium of proof
the aid of any inference or presumption End Result Means to the end
Circumstantial evidence – proof of facts from which, taken
Evidence must have such a relation to the fact in issue as to induce
collectively, the existence of the particular fact in dispute may be
belief in its existence or non-existence. Evidence on collateral
inferred as a necessary or probable consequence
matters shall not be allowed, except when it tends in any
Expert evidence – testimony of a witness regarding a question of reasonable degree to establish the probability or improbability of
science, art or trade, when he is skilled therein the fact in issue.
Prima facie evidence – evidence which suffices for the proof of a
particular fact until contradicted and overcome by other evidence
RULE 129 – WHAT NEED NOT BE PROVED
Conclusive evidence – evidence which is incontrovertible and
Judicial notice, when mandatory. – A court shall take judicial notice,
which the law does not allow to be contradicted
without the introduction of evidence, of the existence and territorial
Cumulative evidence – evidence of the same kind and extent of states, their political history, forms of government and
character as that already given and tends to prove the same symbols of nationality, the law of nations, the admiralty and
proposition maritime courts of the world and their seals, the political constitution
Corroborative evidence – evidence of a different kind and and history of the Philippines, the official acts of the legislative,
character tending to prove the same point executive and judicial departments of the Philippines, the laws of
Best evidence – evidence which affords the greatest certainty of nature, the measure of time, and the geographical divisions.
the fact in question Judicial notice, when discretionary. – A court may take judicial
Secondary evidence – evidence which is necessarily inferior to notice of matters which are of public knowledge, or are capable of
primary/best evidence and shows on its fact that better evidence unquestionable demonstration, or ought to be known to judges
exists because of their judicial functions.

Factum probans – the evidentiary fact by which the factum When court takes judicial notice
probandum is to be established; material evidencing the During trial, on any matter – allow the parties to be heard thereon
proposition, existent, and offered for the consideration of the After trial, and before judgment or on appeal – any matter and
tribunal allow the parties to be heard thereon if such matter is decisive of a
Factum probandum – the ultimate fact sought to be established; material issue in the case
proposition to be established, hypothetical, and that which one Hearing is necessary when
party affirms and the other denies
During the trial, the court motu propio, on request of a party
announces its intention to take judicial notice of any matter
Factum probandum Factum Probans After trial before judgment or on appeal motu propio, on request of
Proposition to be established Material evidencing the a party takes judicial notice of any matter, and if such matter is
proposition decisive of a material issue in the case
Hence, the court can take judicial notice of any matter during the
Conceived of as hypothetical; Conceived of for practical
trial as long as there is a hearing. If trial is already over, the court can
that which one party affirms and purposes as existent, and is
take judicial notice only of matters decisive of a material issue in the
the other denies offered as such for the
case as long as there is a hearing.
consideration of the court
Instances of Judicial admissions
 the genuineness and due execution of an actionable
Collateral facts – matters other than facts in issue and which are document copied or attached to a pleading, when the
offered as a basis merely for inference as to the existence or non- other party fails to specifically deny under oath (Rule 8 §8)
existence of the facts in issue  material allegations in the complaint, when the other party
Real evidence – evidence furnished by the things themselves, or fails to specifically deny it (Rule 8 §11)
view or inspection as distinguished from a description by them of a  admissions in superseded pleadings, when offered in
witness; that which is addressed directly to the senses of the court evidence (Rule 10 §8)
without the intervention of a witness  act, declaration, or omission of a party as to a relevant
Rebuttal evidence – evidence which is given to explain, repel, fact (Rule 130 §26)
counteract or disprove facts given in evidence by the adverse  implied admission of guilt in an offer of compromise by the
party accused in criminal cases, except quasi-offenses and
those allowed by law to be compromised (Rule 130 §27)
Positive evidence – when a witness affirms that a fact did or did not  admission by silence (Rule 130 §32)
occur
 RULES OF ADMISSIBILITY (RULE 130) 2) under the official seal of the attesting officer, if there be any, or
Objects as evidence are those addressed to the senses of the court. if he be the clerk of a court having a seal, under the seal of such
When an object is relevant to the fact in issue, it may be exhibited court
to, examined or viewed by the court. Rule 132 §27: Public record of a private document – may be proved
Documents as evidence consist of writings or any material by
containing letters, words, numbers, figures, symbols or other modes 1) the original record, or
of written expressions offered as proof of their contents. 2) by a copy thereof
Best Evidence Rule – When the subject of inquiry is the contents of a a) attested by the legal custodian of the record
document, no evidence shall be admissible other than the original
document itself b) with an appropriate certificate that such officer has the
custody
Exceptions: When the original
has been lost or destroyed, or cannot be produced in court, without
bad faith on the part of the offeror; Parol Evidence Rule: When the terms of an, agreement have been
reduced to writing, it is considered as containing all the terms
is in the custody or under the control of the party against whom the agreed upon and there can be, between the parties and their
evidence is offered, and the latter fails to produce it after successors in interest, no evidence of such terms other than the
reasonable notice; contents of the written agreement.
consists of numerous accounts or other documents which cannot Exceptions: a party may present evidence to modify, explain or add
be examined in court without great loss of time and the fact sought to the terms of the written agreement if he puts in issue in his
to be established from them is only the general result of the whole; pleading
and
An intrinsic ambiguity, mistake or imperfection in the written
the original is a public record in the custody of a public officer or is agreement
recorded in a public office
failure of the written agreement to express the true intent and
Original documents agreement of the parties
one the contents of which are the subject of inquiry. validity of the written agreement; or
When a document is in two or more copies executed at or about The existence of other terms agreed to by the parties or their
the same time, with identical contents, all such copies are equally successors in interest after the execution of the written agreement
regarded as originals.
If the ground is subsequently-agreed terms, the subsequently-
When an entry is repeated in the regular course of business, one agreed terms must also be put in issue in the pleadings.
being copied from another at or near the time of the transaction, all
the entries are likewise equally regarded as originals The rule applies only to the terms of an agreement. If the evidence
sought to be admitted refers to matters other than the terms of the
Requisites for admission of secondary evidence, according to agreement (e.g. statement of facts), then the PER does not apply,
grounds such evidence is admissible.
the original has been lost or destroyed, or cannot be produced in PER applies only to the parties to the agreement. It does not apply
court where PER is invoked against a litigant who is a stranger to the
prove execution or existence agreement.
prove cause of unavailability without bad faith of the offeror Requisites for mistake as exception to PER
proof of contents in the following order mutual between the parties
1) copy of fact, not of law
2) recital of its contents in alleged and put in issue in the pleadings
a) some authentic document, or proved by clear and convincing, not merely preponderance of,
b) testimony of witnesses evidence
the original is in the custody or under the control of the adverse
party Parol Evidence Rule Best Evidence Rule
adverse party had reasonable notice to produce the original No issue as to the contents of a Issue is contents of a writing
(Subpoena duces tecum) writing
proof of the original’s existence
Parol evidence is offered Secondary evidence is offered
adverse party fails to produce the original
Presupposes that original is in Applies when the original is not
proof of contents in the following order court available
1) copy
Effect is can not add, subtract, or Effect is can not present any
2) recital of its contents in explain the contents evidence on the contents other
a) some authentic document, or than the original
b) testimony of witnesses Invoked only if the controversy is Invoked by anybody, whether a
the original consists of numerous accounts or other documents between parties to the party to the instrument or not
which cannot be examined in court without great loss of time and agreement
the fact sought to be established from them is only the general result Applies only to agreements and Applies to all kinds of writing
of the whole; and wills
the original is a public record in the custody of a public officer or is The following persons cannot be witnesses:
recorded in a public office – contents may be proved by a certified
copy issued by the public officer in custody thereof (a) Those whose mental condition, at the time of their production
for examination, is such that they are incapable of intelligently
Rule 132 §25: What attestation of copy must state making known their perception to others;
1) the copy is a correct copy of the original, or a specific part
thereof
(b) Children whose mental maturity is such as to render them
incapable of perceiving the facts respecting which they are
examined and of relating them truthfully.
For a mentally defective person to be a witness, he must be
mentally capable at the time of production, even if he was not so at
the time of perception. A child must be mentally mature both at the
time of perception and at the time of production. With regards to
the subject matter of the testimony, we must make a distinction
between absolute disqualifications and relative disqualifications.
Objections based on absolute disqualifications may be raised upon
the calling of the disqualified witness. Objections based on relative
disqualifications may be raised when it becomes apparent that the
subject matter of the testimony covers inadmissible matters.
Marital Disqualification (Sec. 22) Marital Communications (Sec.
24)
Covers all matters regardless of Covers only those
source communicated by one spouse
to another
Applies during the marriage Applies during and after the
marriage
A spouse must be a litigant A spouse need not be a litigant
Invoked when a spouse is called to Invoked when the testimony
testify appears to cover privileged
matters
Requisites for dead man’s statute (Sec. 23)
the witness sought to be disqualified is the plaintiff
Executor, administrator or representative of a deceased person, or
the person of unsound mind is the defendant
upon claim or demand against the estate of such deceased person
or against such person of unsound mind
as to any matter of fact occurring before the death of such
deceased person or before such person became of unsound mind.
[no counterclaim is filed]
Privileged Communication (Sec. 24)
The husband or the wife, during or after the marriage, cannot be
examined without the consent of the other as to any
communication received in confidence by one from the other
during the marriage except in a civil case by one against the other,
or in a criminal case for a crime committed by one against the other
or the latter’s direct descendants or ascendants;
An attorney cannot, without the consent of his client, be examined
as to any communication made by the client to him, or his advice
given thereon in the course of, or with a view to, professional
employment, nor can an attorney’s secretary, stenographer, or clerk
be examined, without the consent of the client and his employer,
concerning any fact the knowledge of which has been acquired in
such capacity;
A person authorized to practice medicine, surgery or obstetrics
cannot in a civil case, without the consent of the patient, be
examined as to any advice or treatment given by him or any
information which he may have acquired in attending such patient
in a professional capacity, which information was necessary to
enable him to act in that capacity, and which would blacken the
reputation of the patient;
A minister or priest cannot, without the consent of the person
making the confession, be examined as to any confession made to
or any advice given by him in his professional character in the
course of discipline enjoined by the church to which the minister or
priest belongs;
A public officer cannot be examined during his term of office or
afterwards, as to communications made to him in official
confidence, when the court finds that the public interest would
suffer by the disclosure.
In civil cases, an offer of compromise is inadmissible regardless of the
cause of action. In criminal cases, the general rule is an offer of
compromise is admissible. However, it is inadmissible under the
following cases:
quasi-offenses (criminal negligence)
cases allowed by law to be compromised (e.g. BIR can compromise
tax cases)
plea of guilty later withdrawn
unaccepted offer to plead guilty to a lesser offense
offer to pay or payment of expenses occasioned by an injury
[the offer is made only to avoid the consequences of litigation]
Note that the inadmissible offer to pay refers only to expenses
occasioned by an injury. It does not include offers to pay other
expenses. Ergo, an offer to pay for damages to property is
admissible in criminal cases.
Further note that an offer to pay for expenses other than those
occasioned by an injury is inadmissible in civil cases. Though the
3rd paragraph of §27 excludes in civil cases offers to pay only for
expenses occasioned by an injury, offers to pay for other expenses
fall under the general rule that an offer to compromise in civil cases
is not admissible. The exclusion in civil cases of offers to pay for
expenses occasioned by an injury is merely a superfluity. Even if the
exclusion was expressly applied to only criminal cases, an offer to
pay for expenses occasioned by an injury is in the nature of an offer
to compromise which is undoubtedly admissible in civil cases. The
bottomline is: an offer to pay for any expense in civil cases is
inadmissible.
Requisites for admission by silence
The act or declaration is made in the presence and within the
hearing or observation of a party
The party does or says nothing
The act or declaration naturally calls for action or comment if not
true
Such action or comment is proper and possible on the part of the
party.
Requisites for the admissibility of a confession
1. the confession must be voluntary;
2. the confession must be made with the assistance of a competent
and independent counsel;
3. the confession must be express;
4.. the confession must be in writing.
Testimonial Knowledge (Hearsay Rule – Sec. 36)
A witness can testify only to those facts which he knows of his
personal knowledge; that is, which are derived from his own
perception, except as otherwise provided in these rules.
Exceptions to the Hearsay Rule (Secs. 37-47)
1. Dying declaration – the declaration of a dying person, made
under the consciousness of an impending death, may be received
in any case wherein his death is the subject of inquiry, as evidence
of the cause and surrounding circumstances of such death.
2. Declaration against interest – The declaration made by a person
deceased, or unable to testify, against the interest of the declarant,
if the fact asserted in the declaration was at the time it was made
so far contrary to declarant’s own interest, that a reasonable man in
his position would not have made the declaration unless he
believed it to be true, may be received in evidence against himself
or his successors in interest and against third persons.
3. Act or declaration against pedigree – The act or declaration of a
person deceased, or unable to testify, in respect to the pedigree of
another person related to him by birth or marriage, may be
received in evidence where it occurred before the controversy, and
the relationship between the two persons is shown by evidence
other than such act or declaration. The word “pedigree” includes
relationship, family genealogy, birth, marriage, death, the dates
when and the places where these facts occurred, and the names
of the relatives. It embraces also facts of family history intimately
connected with pedigree.
4. Family reputation or tradition regarding pedigree – The reputation
or tradition existing in a family previous to the controversy, in respect
to the pedigree of any one of its members, may be received in
evidence if the witness testifying thereon be also a member of the
family, either by consanguinity or affinity. Entries in family bibles or
other family books or charts, engravings on rings, family portraits and
the like, may be received as evidence of pedigree.
5. Common reputation – Common reputation existing previous to
the controversy, respecting facts of public or general interest more
than thirty years old, or respecting marriage or moral character,
may be given in evidence. Monuments and inscriptions in public
places may be received as evidence of common reputation.
6. Parts of the res gestae – Statements made by a person while a
startling occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances thereof, may
be given in evidence as part of the res gestae. So, also, statements
accompanying an equivocal act material to the issue, and giving it
a legal significance, may be received as part of the res gestae.
7. Entries in the course of business – Entries made at, or near the time
of the transactions to which they refer, by a person deceased, or
unable to testify, who was in a position to know the facts therein
stated, may be received as prima facie evidence, if such person
made the entries in his professional capacity or in the performance
of duty and in the ordinary or regular course of business or duty.
8. Entries in official records – Entries in official records made in the
performance of his duty by a public officer of the Philippines, or by a
person in the performance of a duty specially enjoined by law, are
prima facie evidence of the facts therein stated.
9. Commercial lists and the like – Evidence of statements of matters
of interest, to persons engaged in an occupation contained in a list,
register, periodical, or other published compilation is admissible as
tending to prove the truth of any relevant matter so stated if that
compilation is published for use by persons engaged in that
occupation and is generally used and relied upon by them therein.
10. Learned treatises – A published treatise, periodical or pamphlet
on a subject of history, law, science or art is admissible as tending to
prove the truth of a matter stated therein if the court takes judicial
notice, or a witness expert in the subject testifies that the writer of
the statement in the treatise, periodical or pamphlet is recognized in
his profession or calling as expert in the subject.
11. Testimony or deposition at a former proceeding – The testimony
or deposition of a witness deceased or unable to testify, given in a
former case or proceeding, judicial or administrative, involving the
same parties and subject matter, may be given in evidence against
the adverse party who had the opportunity to cross-examine him.
GR: The opinion of a witness is not admissible. (Sec. 48)
Exceptions: Admissible opinion evidence
a matter requiring special knowledge, skill, experience or training
which he is shown to possess, may be received in evidence.
the identity of a person about whom he has adequate knowledge;
a handwriting with which he has sufficient familiarity
the mental sanity of a person with whom he is sufficiently
acquainted.
his impressions of the emotion, behavior, condition or the
appearance of a person
GR: Character evidence not generally admissible (Sec. 51)
Exceptions
In Criminal Cases:
accused may prove his good moral character which is pertinent to
the moral trait involved in the offense charged.
In rebuttal, the prosecution may prove the bad moral character of
the accused which is pertinent it to the moral trait involved in the
offense charged.
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.
In Civil Cases – only when pertinent to the issue of character
involved in the case.
good character of an impeached witness
BURDEN OF PROOF (RULE 131)
Burden of proof – 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
Instances of conclusive presumptions
a party has, by his own declaration, act, or omission, intentionally
and deliberately led another to believe a particular thing true, and
to act upon such belief, he cannot, in any litigation arising out of
such declaration, act or omission, be permitted to falsify it:
The tenant is not permitted to deny the title of his landlord at the
time of the commencement of the relation of landlord and tenant
between them.
Statutory instances of estoppel
non-owner transferor who later acquires title passes ownership to the
transferee by operation of law (Art. 1434 NCC)
agent who alienates cannot claim title against the transferee (Art.
1435 NCC)
a lessee or a bailee is estopped from asserting title to the thing
leased or received, as against the lessor or bailor. (Art. 1436 NCC)
in a contract between 3rd persons concerning immovable property,
one of them is misled by a person with respect to the ownership or
real right over the real estate, the latter is precluded from asserting
his legal title or interest therein, provided all these requisites are
present:
fraudulent representation or wrongful concealment of facts known
to the party estopped;
party precluded must intend that the other should act upon the
facts as misrepresented;
party misled must have been unaware of the true facts; and
party defrauded must have acted in accordance with the
misrepresentation. (Art. 1437 NCC)
One who has allowed another to assume apparent ownership of
personal property for the purpose of making any transfer of it,
cannot, if he received the sum for which a pledge has been
constituted, set up his own title to defeat the pledge of the
property, made by the other to a pledgee who received the same
in good faith and for value. (Art. 1438 NCC)
Disputable presumptions – The following presumptions are
satisfactory if uncontradicted, but may be contradicted and
overcome by other evidence:
(a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his voluntary
act;
(d) That a person takes ordinary care of his concerns;
(e) That evidence willfully suppressed would be adverse if
produced;
(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;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for
the later ones is produced;
(j) That a person found in possession of a thing taken in the doing of
a recent wrongful act is the taker and the doer of the whole act;
otherwise, that things which a person possesses, or exercises acts of
ownership over, are owned by him;
(k) That a person in possession of an order on himself for the
payment of the money, or the delivery of anything, has paid the
money or delivered the thing accordingly;
(1) That a person acting in a public office was regularly appointed
or elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines
or elsewhere, was acting in the lawful exercise of jurisdiction;
(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 for arbitration
were laid before the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a sufficient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a sufficient
consideration;
(t) That an indorsement of a negotiable instrument was made
before the instrument was overdue and at the place where the
instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the
regular course of the mail;
That after an absence of seven years, it being unknown whether
or not the absentee still lives, he is considered dead for all purposes,
except for those of succession.
The absentee shall not be considered dead for the purpose of
opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of five
years shall be sufficient in order that his succession may be opened.
The following shall be considered dead for all purposes including the
division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an
aircraft which is missing, who has not been heard of for four years
since the loss of the vessel or aircraft;
(2) A member of the armed forces who has taken part in armed
hostilities, and has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and whose existence has not been known for four
years;
(4) If a married person has been absent for four consecutive years,
the spouse present may contract a subsequent marriage if he or she
has a well-founded belief that the absent spouse is already dead. In
case of disappearance, where there is danger of death under the
circumstances hereinabove provided, an absence of only two 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 proceeding as provided in the
Family Code and in the rules for a declaration of presumptive death
of the absentee, without prejudice to the effect of reappearance of
the absent spouse.
(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 the ordinary habits of life;
(z) That persons acting as copartners have entered into a contract
of copartnership;
(aa) That a man and woman deporting themselves as husband and
wife have entered into a lawful contract of marriage;
(bb) That property acquired by a man and a woman who are
capacitated to marry each other and who live exclusively with
each other as husband and wife without the benefit of marriage or
under a void marriage, has been obtained by their joint efforts, work
or industry.
(cc) That in cases of cohabitation by a man and a woman who are
not capacitated to marry each other and who have acquired
property through their actual joint contribution of money, property
or industry, such contributions and their corresponding shares
including joint deposits of money and evidences of credit are equal.
(dd) That if the marriage is terminated and the mother contracted
another marriage within three hundred days after such termination
of the former marriage, these rides shall govern in the absence of
proof to the contrary:
(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to have
been conceived during the former marriage, provided it be born
within three hundred days after the termination of the former
marriage;
(2) A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to have been
conceived during such marriage, even though it be born within the
three hundred 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 that nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or
published by public authority, was so printed or published;
(hh) That a printed or published book, purporting to contain reports
of cases adjudged in tribunals of the country where the book is
published, contains correct reports of such cases;
(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
person or his successor in interest;
(jj) That except for purposes of succession, when two persons perish
in the same calamity, such as wreck, battle, or conflagration, and it
is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is
determined from the probabilities resulting from the strength and
age of the sexes, according to the following rules:
1. If both were under the age of fifteen years, the older is deemed
to have survived;
2. If both were above the age of sixty, the younger is deemed to
have survived;
3. If one is under fifteen and the other above sixty, the former is
deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be different,
the male is deemed to have survived; if the sex be the same, the
older;
5. If one be under fifteen or over sixty, and the other between those
ages, 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.
PRESENTATION OF EVIDENCE (RULE 132)
The order in which an individual witness may be examined is as
follows:
1. Direct examination by the proponent – the examination-in-chief
of a witness by the party presenting him on the facts relevant to the
issue.
2. Cross-examination by the opponent – Upon the termination of
the direct examination, the witness may be cross-examined by the
adverse party as to any matters stated in the direct examination, or
connected therewith, with sufficient fullness and freedom to test his
accuracy and truthfulness and freedom from interest or bias, or the
reverse, and to elicit all important facts bearing upon the issue.
3. Re-direct examination by the proponent – After the cross-
examination of the witness has been concluded, he may be re-
examined by the party calling him, to explain or supplement his
answers given during the cross-examination. On re-direct
examination, questions on matters not dealt with during the cross-
examination, may be allowed by the court in its discretion.
4. Re-cross-examination by the opponent – Upon the conclusion of
the re-direct examination, the adverse party may re-cross-examine
the witness on matters stated in his re-direct examination, and also
on such other matters as may be allowed by the court in its
discretion.
Leading questions – a question which suggests to the witness the
answer which the examining party desires
GR: Leading questions not allowed.
Exceptions
cross examination;
Preliminary matters;
difficulty in getting direct and intelligible answers from a witness who
is
 ignorant, or
 a child of tender years, or
 feeble mind, or
 a deaf-mute;
 unwilling or hostile witness; or
 witness is an adverse party or an officer, director, or
managing agent of a public or private corporation or of a
partnership or association which is an adverse party.
 Misleading question – one which assumes as true a fact
not yet testified to by the witness, or contrary to that which
he has previously stated.
 Misleading questions are never allowed. No exceptions.
Sec. 11. Impeachment of adverse party’s witness. – A witness may
be impeached by the party against whom he was called, by
contradictory evidence, by evidence that his general reputation for
truth, honesty, or integrity is bad, or by evidence that he has made
at other times statements inconsistent with his present testimony, but
not by evidence of particular wrongful acts, except that it may be
shown by the examination of the witness, or the record of the
judgment, that he has been convicted of an offense.
GR: The party producing a witness is not allowed to impeach his
credibility.
Exceptions: When party may impeach his own witness (except
evidence of bad character)
an unwilling or hostile witness; or
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 which is an adverse party.
Grounds for declaring a witness unwilling or hostile
adverse interest
unjustified reluctance to testify, or
misled the party into calling him to the witness stand.
Consequences of being an unwilling, hostile, or adverse witness
may be impeached by the proponent, except by evidence of bad
character
may also be impeached by the opponent
may be cross-examined by the opponent, only on the subject
matter of his direct examination
proponent may ask leading questions
Sec. 36. Objection to evidence offered orally must be made
immediately after the offer is made.
Objection to a question propounded in the course of the oral
examination of a witness shall be made as soon as the grounds
therefor shall become reasonably apparent.
An offer of evidence in writing shall be objected to within three (3)
days after notice of the offer unless a different period is allowed by
the court.
In any case, the grounds for the objections must be specified.
Grounds for objection – Hearsay, argumentative, leading,
misleading, incompetent, irrelevant, best evidence rule, parol
evidence rule, question has no basis
When evidence considered offered
People v. Franco, 269 SCRA 211 (1997) The court shall consider no
evidence, even an extra-judicial confession, which has not been
formally offered. Mere fact that evidence has been identified and
marked in the course of the examination of a witness, without the
contents being recited in his testimony, does not mean that it has
been formally offered as evidence. Identification of documentary
evidence is done in the course of the trial and is accompanied by
the marking of the evidence as an exhibit, while the formal offer of
documentary evidence is done only when the party rests its case.
Philippine Bank of Commerce v. CA, 195 SCRA 567 (1991) Where the
genuineness and due execution of documents of an instrument
attached to a complaint are deemed admitted by failure to
specifically deny it under oath, such instruments are considered as
evidence although they were not formally offered.
Rule 8, Sec. 8. How to contest such documents. — When an action
or defense is founded upon a written instrument, copied in or
attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party,
under oath, specifically denies them, and sets forth what he claims
to be the facts; but the requirement of an oath does not apply
when the adverse party does not appear to be a party to the
instrument or when compliance with an order for an inspection of
the original instrument is refused.
When objection should be made
People v. Java, 227 SCRA 668 (1993) Objection to testimony on the
ground of lack of a formal offer of the testimony should be done
when the witness was called to testify.
Interpacific Transit, Inc. v. Aviles, 186 SCRA 385 (1990) Objection to
documentary evidence must be made at the time it is formally
offered (i.e. when the party rests its case) as an exhibit and not
before. Objection prior to that time (e.g. identification of the
evidence) is premature. Mere identification and marking is not
equivalent to a formal offer of the evidence. A party may decide to
not offer evidence already identified and marked.
WEIGHT AND SUFFICIENCY OF EVIDENCE (RULE 133)
In civil cases, the party having the burden of proof must establish his
case by a preponderance of evidence. In determining where the
preponderance or superior weight of evidence on the issues
involved lies, the court may consider
all the facts and circumstances of the case
the witnesses’ manner of testifying
their intelligence
their means and opportunity of knowing the facts to which they are
testifying
the nature of the facts to which they testify
the probability or improbability of their testimony
their interest or want of interest
their personal credibility so far as the same may legitimately appear
upon the trial.
number of witnesses, though the preponderance is not necessarily
with the greater number.
A cause of action on the ground of reformation of instrument must
be proven by clear and convincing evidence.
In a criminal case, the accused is entitled to an acquittal, unless his
guilt is shown beyond reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof as, excluding
possibility of error, produces absolute certainty. Moral certainty only
is required, or that degree of proof which produces conviction in an
unprejudiced mind.
A defense of self-defense must be proven by clear and convincing
evidence.
In cases filed before administrative or quasi-judicial bodies, a fact
may be deemed established if it is supported by substantial
evidence
Substantial evidence – that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion
Generally, the motive of the accused is immaterial in a criminal
case, not being an essential element of the crime, hence, it does
not need to be proved.
Exceptions:
1. when there is no eyewitness and the suspicion is likely to fall on a
considerable number of persons;
2. when there is doubt as to whether the accused is or is not the
person who committed the offense;
3. when it is necessary to determine the sanity of the accused or the
voluntariness of the act, the specific nature of the crime committed,
or whether the shooting was intentional or accidental;
4. when the accused interposes self-defense or defense of stranger.
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