Remedial Law Review Class Lecture by Atty Ferdinand Tan Rules On Evidence Notes By: Paul Lemuel E Chavez

Remedial Law Review class lecture by Atty Ferdinand Tan
RULES ON EVIDENCE
Notes by: Paul Lemuel E Chavez
EVIDENCE NOTES
Evidence
1.
2.
R128 S1
Evidence is the means sanctioned by the rules of
ascertaining in a judicial proceeding the truth
respecting a matter of fact.
3.
NOTE: Rules on evidence applies only to JUDICIAL

PROCEEDINGS
Factum probans
Factum Probandum
Factum Probandum
Ultimate fact sought to
be established; refers to
proposition
Ultimate facts
Proposition
to
established
hypothetical
be
Proof
End result; probative
effect of evidence
Probative
effect
of
evidence and is the
conviction or persuasion
of the mind resulting
from the consideration
of the evidence
Factum Probans
Material evidencing the
proposition; evidentiary
fact by which the factum
probandum
is
established
Intermediate facts
Material evidencing the
proposition
Existent
Evidence
Means, sanctioned by
the Rules, of ascertaining
in a judicial proceeding
the truth respecting a
matter of fact
Medium or the means by
which a fact is proved or
disproved
The end product; effect

of evidence
There is proof only
because of evidence
Rules of evidence does not apply to:
CLINE (Rule 1) + quasi judicial and quasi

administrative bodies
Cases covered by Revised Rules on
Summary Procedure (except in ejectment
cases)
Summ Pro Criminal cases where witnesses
submit affidavits and counter affidavits,
subject only to cross examination, re direct,
re cross, recall
Exception to CLINE + administrative, quasi judicial

bodies
By analogy, in a suppletory character, and whenever
practicable and convenient (Rule 1)
Exception to exception:
Electronic Evidence Rule
-
Applies to all proceedings, judicial or quasi

judicial, administrative, etc
In what instances can Factual Issues be resolved

without the need for evidence?
1.
2.
3.
4.
Judgment on the pleadings (Rule 34)

Pre Trial Conference
Admissions as far as pleadings are
concerned
Judicial admissions during proceedings
Sources of Evidence:
1.
2.
3.
4.
5.
6.
Rules 128-134 of the Rules of Court

1987 Constitution
SC Resolutions
AM 00-04-07-SC, Examination of Child
Witness Rule
SC decisions
Rules on Electronic Evidence

RULES ON EVIDENCE
7.
8.
9.
10.
Rules on DNA Evidence

RA4200 (Anti Wiretapping Act)
New Civil Code
Revised Penal Code
.. when it is relevant to the issue and

o Refers to RELEVANCY OF EVIDENCE
IS NOT EXCLUDED BY THE LAW OR THESE

RULES
o Refers to COMPETENCY OF
EVIDENCE
Constitutional Basis of Rules on Evidence

A3 S2
The right of the people to be secure in their persons,
houses, papers, effects against unreasonable
searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the
judge after examination of the oath or affirmation of
the complainant and the witnesses he may produce,
and particularly describing the place to be searched
and the persons to be seized
A3 S12 (Right to custodial investigation, Extrajudicial

Confession, relate to R130 S33)
1.
Any person under investigation for the

commission of an offense shall have the
right to be informed of his right to remain
silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the
services of counsel, he must be provided
with one. These rights cannot be waived
except in writing and in the presence of
counsel.
2.
No torture, force, violence, threat,

intimidation, or any other means which
vitiate the free will shall be used against
him. Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited
3.
Any confession or admission obtained in

violation of this or S17 hereof shall be
inadmissible in evidence against him
4.
The law shall provide for penal and civil

sanctions for violations of this section as
well as compensation and rehabilitation for
victims of torture or similar practice and
their families
(any evidence obtained in violation of this Rule shall

be inadmissible/incompetent evidence)
A3 S3
1.
The privacy of communication and

correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise as
prescribed by law.
2.
Any evidence obtained in violation of this or

the preceding section shall be inadmissible
for any purpose in any proceeding.
NOTE: R128 S3, which states that evidence is

admissible when it is relevant to the issue and IS
NOT EXCLUDED BY THE LAW OR THESE RULES
What law(s)?
1.
2.
1987 Constitution
RA4200 (anti wiretapping act)
A3 S14
1.
No person shall be held to answer for a

criminal offense without due process of law

RULES ON EVIDENCE
2.
In all criminal prosecutions, accused shall be

presumed innocent until contrary is proved
(basis of R133 S2).
Evidence consisting of writings or any

material containing letters, words, figures,
numbers, symbols, other modes of written
expressions offered as proof of their
contents (130 S2)
3.
TESTIMONIAL EVIDENCE
Evidence made during the trial when the

witness is presented in the witness stand
4.
RELEVANT EVIDENCE
Evidence related to the fact in issue; having

value in reason as tending to prove any
matter provable in an action
5.
MATERIAL EVIDENCE
Evidence directed to prove a fact in issue as

determined by the rules of sunbstantive law
and pleadings
6.
COMPETENT EVIDENCE
Evidence not excluded by law or these Rules
7.
CUMULATIVE EVIDENCE
Additional evidence of the same kind and

character bearing on the same point
Same claims tending to prove single
proposition
He shall also enjoy the right to:

a.
b.
c.
d.
e.
Be heard by himself and counsel

To be informed of the nature and
cause of accusation against him
To have a speedy, impartial, public
trial
To meet the witnesses face to face
To have compulsory process to
secure attendance of witnesses
and production of evidence in his
behalf
However, after arraignment, trial may proceed

notwithstanding the absence of accused provided
that he has been duly notified and failure to appear
is unjustifiable.
A3 S17 (relate to R132 S3 (4), R128 S2, R133 S3relevant evidence )
No person shall be compelled to be a witness against
himself
NOTE however that the right (of accused and any
witness) against self incrimination is only applicable
to TESTIMONIAL EVIDENCE
Kinds of Evidence:
1.
OBJECT EVIDENCE
Evidence addressed to the senses of the

court, through the judge (R130 S1)
o Court is the office, judge is the
person who can perceive using the
5 senses
2.
DOCUMENTARY EVIDENCE
8.
CORROBORATIVE EVIDENCE
Additional evidence of a different kind and

character from that already given, tending
to prove the same point
9.
POSITIVE EVIDENCE
Evidence showing that an event transpired;

affirmation of a witness that a fact did or
did not occur

RULES ON EVIDENCE
10. NEGATIVE EVIDENCE

-
Evidence not showing that event transpired;

when witness states that he did not see or
know of the occurrence of a fact, and with
total disclaimer of personal knowledge
Applies same rule on admissibility except in

cases of terrorists, unlawful organizations,
upon lawful order of the court
When to object to admissibility of evidence?
11. PREPONDERANCE OF EVIDENCE
It depends
Testimonial Evidence
Evidence which is of greater weight or more

convincing than that which is offered in
opposition to it
o In civil cases
12. SUBSTANTIAL EVIDENCE

-
Amount of evidence which a reasonable

mind might accept as adequate to justify a
conclusion
13. PROOF BEYOND REASONABLE DOUBT

-
Moral certainty of commission of crime,

producing conviction in an unprejudiced
mind
When witness presented on witness stand
Documentary Evidence
-
Formal offer
Object Evidence
-
Examined by court, formal offer made
Kinds of Admissibility:
1.
CONDITIONAL
Evidence presented is irrelevant to the fact

in issue on the condition that the proponent
will establish its relevancy
2.
MULTIPLE
If what is subject is its existence or non existence,

then it is object evidence. If what is subject is the
contents of an affidavit, then it is documentary
evidence. But if the contents of the affidavit are
testified to, then it is testimonial evidence.
When evidence is relevant and competent

for 2 or more purposes, then admissible if it
satisfies all requirements prescribed by law
for its admissibility for the purpose it is
presented, even if it does not satisfy other
requisites for admissibility for other
purposes
Admissibility
The evidence must be
relevant
and
not
excluded by law or the
Rules (competent)
3.
CURATIVE
Where improper evidence was admitted

over the objection of opposing party, he
should be permitted to contradict it with
another improper evidence, or else, it
What kind of evidence is an AFFIDAVIT?

It depends.
Competency
The evidence must not
be excluded by law or
these Rules
Human Security Act

RULES ON EVIDENCE
would result in disparity of rulings to his

prejudice
Distinguish: Relevancy from Competency (1992 Bar)

Relevancy
Evidence must have such
a relation to the fact in
issue as to induce belief
in its existence or non
existence
Competency
Evidence is not excluded
by law or these Rules
2.
3.
Their political history

Forms of government and symbols of
nationality
4. Law of nations
5. Admiralty and maritime courts of the world
and their seals
6. Political constitution and history of the Phils
7. Official acts of legislative, executive, judicial
depts. Of Phils
8. Laws of nature
9. Measure of time
10. Geographical divisions
Evidence on collateral Matters

Differentiate Legislative Function from Adjudicative
Function:
R128 S4
Evidence must have such a relation to the fact in
issue as to induce belief in its existence or non
existence
Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to
establish probability or improbability of the fact in
issue.
Rule 129
WHAT NEED NOT BE PROVED
-
Aka, no need for evidence
JUDICIAL NOTICE
-
What is known to the court need not be

proven (note: 1980, 2004 Bar)
Discretionary Judicial Notice

129 2
What are matters which are of mandatory judicial

notice?
R129 S1
1.
Matters which are of:

1.
2.
Public knowledge
Are
capable
demonstration
of
unquestionable
Existence and territorial extent of states

RULES ON EVIDENCE
3.
Ought to be known to judges because of

their judicial functions
Note: relate to R39 S48, and to R77 (re probate

proceedings)
How do you prove the foreign laws?
Laws of Municipal or City Ordinances

-
RTC or MTC must know

o Or else, ignorantia
excusat against them
legis
non
How about municipal ordinances?

General Rule: MTC must know
Exception: RTC must know only in case of
-
Copy of the law

Duly authenticated
Alleged and proved applying the Rules on
Evidence
Divorce, prove by:

-
appeal of MTC decision regarding the

ordinance
when the law otherwise provides
Allowed there under their laws

Decree of divorce
Duly authenticated
May be proved any time even during on
appeal
129 S4
129 S3
During trial, court, motu proprio or on request of a
party, may announce its intention to take judicial
notice of any matter and allow the parties to be
heard thereon.
After the trial and before judgment or on appeal, the
proper court, motu proprio or on request of a party,
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.
An admission, verbal or written, made by a party in

the course of the proceedings in the same case, does
not require proof.
The admission may be
contradicted only by showing that it was made
through palpable mistake or that no such admission
was made.
Judicial Admissions are conclusive with respect to

the admitter, hence, need not be proven, provided,
1.
2.
Made in the same case

If made in another proceeding, then it
becomes extrajudicial admission
NOTE:
Doctrine of processual presumption
-
foreign laws must be alleged and proved

o in the absence of proof, the foreign
law will be presumed to be the
same as the laws of the jurisdiction
hearing the case (Riano, Evidence,
2006, p.49)
Judicial Admission
Made in the same case,
except:
1.
2.
3.
Judicial Confession
Made not in the same
case
Palpable
mistake
No admission
made
In the interest
of justice

RULES ON EVIDENCE
Admission vs Confession (Dean, p. 57)

Admission
Act,
declaration,
omission of a party as to
any relevant fact
Voluntary
acknowledgement made
by a party of the
existence of the truth of
certain facts which are
inconsistent with his
claims in an action
Acknowledgement
of
facts which, though
incriminating, falls short
of admission of guilt
Includes
confessions
(confession is admission
by accused of fact
charged against him or
of some fact essential to
the charge)
May
be
implied
(admission by silence)
Confession
Declaration of accused
acknowledging his guilt
in the offense charged or
of
any
offense
necessarily
included
therein
(presupposes
criminal action)
Statement by accused
that he engaged in
conduct
which
constitutes a crime
Specific
type
of
admission, referring only
to acknowledgment of
guilt
Consists of writings or any material containing

letters, words, numbers, figures, symbols, other
modes of written expressions offered as proof of
their contents.
Note the difference:

IF
-
Existence or non existence (papel, ink,

alterations)
o Object evidence
Know contents (writings, letters, words,

numbers, figures, symbols)
o Documentary evidence
Example:
MARKED MONEY
Laman ng pera- documentary evidence
Existence ng pera- object evidence
Cannot
be
implied
(direct and positive
acknowledgement
of
guilt)
TAPE RECORDINGS
Existence of tape- object evidence
Laman ng tape- documentary evidence
Rule 130
Rules of admissibility
COCA COLA
Letterings- documentary evidence
Object Evidence (130 1)
Bote- object evidence
Evidence addressed to the senses of the court.

When object is relevant to the fact in issue, it may be
exhibited to, examined, viewed by the court.
Documentary Evidence (130 2)
Limitations to presentation of object evidence (when

object evidence need not be presented, or when

RULES ON EVIDENCE
presentation of such would be rejected by the

court):
1.
2.
3.
4.
When repulsive to public morals and

decency
When it would cause delay, inconvenience
to parties
Misleading
Other evidence testimonial or depositions
available
Exceptions to the limitations:

1.
2.
Object evidence is the subject of the

prosecution
Interest of justice
Best Evidence Rule
Exceptions to the Best Evidence Rule (relate to

provisions on Secondary Evidence, S5-7):
a.
BAD FAITH = suppression of evidence

Relate to S5 R130
When the original document has been lost or
destroyed or cannot be produced in court, the
offeror, upon proof of its execution and existence
and the cause of unavailability without bad faith on
his part, may prove its contents
1.
2.
3.
130 (3) in relation to S4 of 130

S3- when subject of inquiry is the contents of a
document, no evidence shall be admissible other
than the original document itself
S4- the original of a document is one the contents of
which are the subject of inquiry
NOTE: applies only in documentary evidence
Documentary evidence- subject of inquiry or else,
Best Evidence Rule does not apply
Marked money was xeroxed, the Xerox was marked

as evidence. You objected, basis on the ground of
best evidence rule.
-
GAGO! Object evidence yon!

o Magiging documentary evidence
lang yon, and Best Evidence Rule
applies lang pag yung laman ng
marked money ang subject
When the original has been lost or

destroyed or cannot be produced in court,
WITHOUT BAD FAITH on the part of the
offeror
by a copy, or
by a recital of its contents in some authentic
document or
by testimony of witnesses in the order
stated
Relate also to Rule 76 S6

No will shall be proved as a lost or destroyed will
unless
1.
2.
3.
the execution and validity of the same be

established, and
the will is proved to have been in existence
at the time of the death of testator, or
is shown to have been fraudulently or
accidentally destroyed in the lifetime of the
testator without his knowledge nor unless
its provisions are clearly and distinctly
stated by at least 2 credible witnesses
When a lost will is proved, the provisions thereof

1.
2.
must be distinctly stated and certified by

the judge under the seal of the court, and
the certificate must be filed and recorded as
other wills are filed and recorded
Hence, proven by:

RULES ON EVIDENCE
1.
2.
3.
b.
photocopy,
with
the
following
requirements:
establish loss and destruction by asking
questions as to the existence of the original
circumstances of the loss, persons present
in the execution, contents of the original
will
when the original 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
Relate to: R130 S7

When the original of a document is in the custody of
a public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by
the public officer in custody thereof.
What is the Principle of Irremovability of Public

Record
-
Relate to S6
If the document is in the custody or under the
control of the adverse party, he must have
reasonable notice to produce it. If after such notice
and after satisfactory proof of its existence, he fails
to produce it, secondary evidence may be presented
as in the case of its loss
Rule 130 S3b / S6
Original
in
the
possession of adverse
party
Exception
to
Best
Evidence Rule
Advice by way of notice
There is prior knowledge
of existence of an
original
c.
d.
Rule 27
Production
and
inspection of documents
or things
Mode of Discovery
By way of motion
There is no prior
knowledge- kaya nga
mode of discovery eh
when the 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 result of the whole
when the original is a public record in the

custody of a public officer or is recorded in
a public office
certified true copy of a public document is

already allowed, however, if there is issue
as to forgery, then the original should be
presented and produced
o NOTE: The crime is falsification of
public document, NOT falsification
of certified true copy
130 S4
a.
The original of a document is one the

contents of which are the subject of inquiry
b.
When a document is in 2 or more copies

executed at or about the same time, with
identical contents, all such copies are
equally regarded as originals
c.
When an entry is repeated in the regular

course of business, one being copied from
another at or near the time of the
transaction, all the entries are likewise
equally regarded as originals
Carbon- original- original pa rin

Rule 46- petition before appellate court (the above
example applies)
As to letter c
-
Copy to another

RULES ON EVIDENCE
subject to exceptions
Invoked by only the
parties themselves
130 S8
A party who calls for the production of a document
and inspects the same is not obliged to offer it as
evidence.
Parol Evidence
130 S9
When terms of an agreement have been reduced to
writing, it is considered as containing all the 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.
HOWEVER, a party may present evidence to modify,
explain, or add to the terms of the written
agreement if he puts in issue in his pleading:
a.
An
intrinsic
ambiguity,
mistake,
imperfection in the written agreement
b.
Failure of the written agreement to express

the true intent and agreement of the
parties thereto
c.
The validity of the written agreement or
d.
Existence of the other terms agreed to by

the parties or their successors in interest
after the execution of the written
agreement
Reason for parol evidence: agreements in writing

serve as repository of all agreements made by the
parties, hence, cannot be modified or added to
Exceptions:
a.
Intrinsic ambiguity, mistake, imperfection in

the written agreement
b.
Failure of written agreement to express

true intent and agreement of the parties
thereto
c.
Validity of written agreement
d.
Existence of other terms agreed to by the

parties or their successors in interest after
the execution of the written agreement
Relate letter b to R63 S1 P2- ..action for reformation

of an instrument may be brought to court by way of
procedure for declaratory relief
Requisites for application of parol evidence rule:

1.
2.
3.
4.
The term agreement includes wills
Invoked by any party
Refers to term of the contract or will

Pertains to valid contract (ok lang voidable,
basta ba hindi void)
Existence of contractual relations between
the parties
Objections to be made in case of
presentation of modified agreement
See: 1359-1368, NCC

Parol Evidence Rule
Applies to documentary
evidence including wills
Prohibits varying of
terms of agreement,
Best Evidence Rule

Applies to documentary
evidence
Prohibits presentation of
secondary evidence
10

RULES ON EVIDENCE
What is the LORD BACONS RULE (Lord Bacon, 1841,

Europe)
Interpretation of Documents R130 S10-17 in relation

to 1370-1378, NCC
It enumerates/refers to the kinds of ambiguities:

1.
-
Intrinsic/Latent ambiguity
When writing on its face appears clear and
unambiguous but there are collateral
matters or circumstances which make the
meaning uncertain
o Not on its face, but there are
ambiguities
2.
-
Extrinsic/Patent ambiguity
Ambiguity is apparent on the face of the
writing itself and requires something to be
added in order to ascertain the meaning of
the words used
o Parol evidence cannot be used to
ratify or supplement a void
contract
3.
-
Intermediate Ambiguity
Where the ambiguity consists in the use of
equivocal words designating the person or
subject matter, parol evidence of collateral
or extrinsic matter may be introduced for
the purpose of aiding the court in arriving at
the meaning of the language used
o Results from the use of words
susceptible of 2 interpretations
Falsa demonstration non nocet cum de corpore

constat
-
An erroneous description does not spoil the

act
o 2 descriptions, 1 false and 1 true,
the false will be treated as surplus
while the true will be admitted as
evidence
11

RULES ON EVIDENCE
that they are incapable of intelligently

making known their intention to others
TESTIMONIAL EVIDENCE
130 S20
Except as provided in the next succeeding section, all
persons who:
1.
2.
3.
Can perceive
And perceiving
And make known their perception to others
may be witnesses
Disprove competency by way of motion to

contest
o If granted, profound question
Pero, pag yung bata sumasagot, at naiintindihan

naman ang sagot, e competent yon
Competency of Witness
All persons who can
perceive, and perceiving,
and make known their
perception to others are
competent
to
be
witnesses
Competency of Evidence
Evidence not otherwise
excluded by law or these
Rules are competent
evidence
Competency of Witness
Question is whether the
witness can perceive,
perceiving, and can
make
known
their
perception to others
Credibility of Witness
Question is whether or
not the testimony of the
witness / the witness is
believable
Who are disqualified to be witnesses?

S21
1.
Those whose mental condition, at the time

of their production for examination, is such
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
S22- by reason of marriage

3.
NOTE: under the Child Witness Rule, minors are

presumed as competent, unless otherwise proven
-
2.
During the marriage, neither the husband

nor the wife may testify for or against the
other without the consent of affected,
spouse, 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
latters direct ascendants or descendants
S22- Disqual by reason

of marriage
One of spouses is party
to the action, hence,
cannot testify for or
against
the
other
without the consent of
affected spouse, except,
civil case by one vs
another, or criminal case
by one against other, or
latters direct ascendants
or descendants
Can be invoked only if
one of the spouses is a
party to the action
Applies only if testimony
is offered DURING THE
MARRIAGE
Constitutes
total
prohibition for or against
the spouse of the
witness
Objection would be
raised on the ground of
marriage,
married
witness would not be
allowed to take the
stand
due
to
S24A- disqual by reason

of marital privilege
One of the spouses is or
is not a party to the
action
Can be claimed whether

or not the other spouse
is a party to the action
Can be claimed DURING
OR
AFTER
THE
MARRIAGE (pwede even
if
marriage
already
dissolved)
Applies
only
to
confidential
relations
between the spouses
Married person is on the
stand but the objection
of privilege is raised
when
confidential
material communication
is inquired thereto
12

RULES ON EVIDENCE
disqualification
Even if the testimony is

for or against the
objecting spouse, the
spouse witness cannot
testify
Note: Spousal Immunity is waivable.

failure to object, waived
Hence, for
S23- Dead Mans Statute (correlate with probate of a

will, testate or intestate)
4.
Parties or assignors to a case or persons in

whose behalf a case is prosecuted against
an executor or administrator or other
representative of a deceased person or
against a person of unsound mind upon a
claim or demand against the estate of a
deceased person or against such person of
unsound mind, cannot testify as to any
matter of fact occurring before the death of
such deceased person or before such
person became of unsound mind
REQUISITES (Rule 130 S23):

-
Witness is a
o party or
o assignor of a party
to a case of persons in
whose behalf a case is
prosecuted
action is against
o executor or
o administrator or
o other representative of deceased
person or
o person of unsound mind
subject matter of the action is

o claim or
o demand against
estate of deceased person

or
against person of unsound
mind
testimony refers to
o any matter of fact which occurred
before the death of such deceased
person or before such person of
unsound mind
Rationale: declarant cannot be cross examined, lips

are sealed forever by death
Purpose: designed to close lips of party plaintiff
when death permanently closed lips of party
defendant in order to remove from surviving party
the temptation to give false testimony and
possibility of fictitious claims against deceased
NOTE: Waivable
If testified to, with right to cross examine
If not, then waived
Disqualifications by
COMMUNICATION
reason
of
PRIVILEGED
Important: pag one of the parties, di pwede mag

testify as to privileged communication, PERO pag
tsismoso lang, pwede mag testify dahil exception sa
privileged communication
1.
Husband-Wife
24a
Husband or wife, during or after the marriage,
cannot be examined without consent of the other as
to any communication received in confidence by one
from another during the marriage, except:
-
In a civil case by one against the other
13

RULES ON EVIDENCE
In a criminal case committed by one against

the other or the latters direct descendants
or ascendants
Concerning any matter relating to

pleadings, documents, verbal statements,
any fact, the knowledge of which has been
acquired in such capacity
3.
Physician-Patient (relate to Physical and

Mental Examination of persons)
If marriage is void, hindi apply disqualification

If voidable, apply disqualification (during or after)
Exceptions:
-
Dying declaration
Communications made prior
marriage
If Can be made public
When overheard by third party
to
valid
Scope:
-
Testimony on confidential matters

Spouse not to give comment, privileged
communication
2.
Attorney-Client relations
Attorney- passed the bar, took the oath, signed the

roll
24b
Atty cannot without consent of client, be examined
as to any communication made by client to him or
his advice given thereon in the course of or with a
view to professional employment
Nor can attys secretary, stenographer, or clerk be
examined without consent of client and employer,
concerning any fact the knowledge of which has
been acquired in such capacity
24c
Person authorized to practice medicine, surgery or
obstetrics cannot, in a civil case, without 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
would blacken reputation of the patient.
NOTE: applies only to CIVIL CASES

Why not to criminal? Autopsy reports
Covers:
1.
2.
3.
MEDICINE!
-
Atty
-
Concerning any matter relating to

pleadings, documents, verbal statements
Secretary, Stenographer, Clerk (Office Clerk, NOT

Janitor)
Advice or treatment given by doctor

Any information he acquired from patient
Information necessary to enable him to act
in that capacity and would blacken
reputation of patient
Includes: surgery, obstetrics

Not: dentist
Includes: ob gyne, midwife, derma
Not: Foreign doctor
o Kasi, yung authorized to practice
medicine, dito sa Phils
EXCEPT in the following cases:

-
Consent of patient was given

Case filed against doctor
Failure to object
14

RULES ON EVIDENCE
For unlawful purpose
4.
Priest-penitent
24d
S25- no person can be compelled to testify against

his parents, other direct descendants, children, other
direct ascendants
Admission
Minister or priest cannot without consent of person

making the confession, be examined as to any
confession made 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.
Purpose: protect sanctity of confession
Minister is not the same as pastor
Why? Pari lang talaga!
RECEIVE
CONFESSION
ABSOLUTION!!!
Kasi, AUTHORIZED TO
AND
TO
GRANT
Father, i confess.. ni rape ko kapatid mo. It turned

out, narinig ng pinsan ni father ang confession.
Father- cannot divulge the info to the police
(covered by privileged communication
Act, declaration, omission of a party as to a

relevant fact
Confession
-
Declaration of accused acknowledging his

guilt in the offense charged or of any
offense necessarily included therein
(presupposes criminal action)
Admission vs Confession (simpler version)

Admission
Express or implied
Is
not
necessarily
tantamount
to
automatic liability
Made by any party
Confession
Express/tacit
Acknowledgment
of
guilt, hence, liability
attaches
Made by accused
Admissions may be judicial or extrajudicial

By co conspirator or by co partners- extrajudicial
Pinsan ni Father- can; tsismoso lang siya eh, hindi

siya
sakop
ng
priest-penitent
privileged
communication
5.
State Secrets
24e
Public officer cannot be examined during his term of
office or afterwards as to communications made by
him in official capacity when the court finds that
public interest would suffer by the disclosure.
Declaration against
Interest
Made
by
person
deceased or unable to
testify against interest of
declarant
Admission
Not necessarily made by
person party or not
S27- Offer of compromise

Filial Privilege
CIVIL CASES
15

RULES ON EVIDENCE
Not an admission of any liability and is not

admissible in evidence against offeror
CRIMINAL CASES
-
By accused, may be received in evidence as

implied admission of guilt
Wrong statement: settle amicably the criminal case

Correct statement: off the record, settle the civil
aspect of the case
Exceptions to general rule with respect to offer of
compromise with respect to criminal cases:
-
Criminal negligence
BP22
Rape- through marriage of rapist and victim
Plea of guilty later withdrawn or unacceptable offer

of plea of guilty to a lesser offense is not admissible
in evidence against accused who made the plea or
offer
Good Samaritan Rule- offer to pay or payment of

medical, hospital, other expenses occasioned by an
injury is not admissible in evidence as proof of civil
or criminal liability for the injury
EXCEPT: admission by silence
Admission by co partner or agent (S29)

Requisites:
1.
2.
3.
Admission by conspirator (S30)

Requisites:
1.
2.
3.
Act or declaration by conspirator

Relating to conspiracy and during its
existence
Conspiracy is shown by evidence other than
such act or declaration
Admission by privies (S31)

Requisites:
1.
2.
Other admissions:
Within scope of authority

During existence of partnership or agency
Partnership or agency is shown by evidence
other than such act or declaration
3.
Privity of contract- one derives title to

property from another
Admission of predecessor (latter) while
holding the title
In relation to the title
Discharge of witness
Amendment on the pleadings
Admission by silence (S32)
RES INTER ALIOS ACTA (1986, 1988 Bar)
Requisites:
The right of a party cannot be prejudiced by

an act or omission of another
1.
Refers to Judicial or extrajudicial admissions, such as

that of co conspirator, co partner, which requires
evidence ex aliunde other than conspiracy,
partnership
2.
Act or declaration made in the presence

and within hearing and observation of a
party
Party who saw or heard the act or
declaration does or says nothing
16

RULES ON EVIDENCE
3.
Act or declaration is such as naturally to call

for action or comment if not true, and when
proper and possible for him to do so
Can there be murder without a body?
EXCEPTION: pipi
No, except circumstantial evidence:
Not an admission, e hindi nga maka-salita eh
Sufficient for conviction if:

-
With respect to confession, consider the following:

-
RA7438 (With respect to Custodial

Investigation/EJ Confession)
Judicial confessions during the trial
Constitutional provisions
There is more than one circumstance

Facts from which the inferences are derived
are proven
Combination of all circumstances is such as
to produce a conviction beyond reasonable
doubt
Interlocking Confession
2 Kinds of Confessions:
1.
Judicial Confession
Confession made by accused before a court

in which the case is pending and in the
course of legal proceedings therein and, by
itself, can sustain a conviction
2.
Extrajudicial Confession
Confession made in any other place or

occasion and cannot sustain a conviction
unless its voluntariness is proven and unless
corroborated by evidence of corpus delicti
133 (3)- EJ confession made by accused shall not be

sufficient ground for conviction unless corroborated
by evidence of corpus delicti
Corpus delicti- body of the crime; pag wala to, then
walang crime
Examples:
Rape- semen, contusion
CDDA- drugs
Murder- murder weapon, fact of death
2 or more accused executes separate

confessions, and the same interlocks on
material points, hence, admissible in
evidence
Weight:
1.
2.
Judicial confession- conclusive

Extrajudicial confession- disputable
Similar Acts as Evidence (S34)

General Rule:
-
evidence that one did or did not do a

certain thing at one time is not admissible
to prove that he did or did not do the same
or similar thing at another time
Exception:
-
admissible to prove:
o specific intent
o knowledge
o identity
o plan
o system
17

RULES ON EVIDENCE
o
o
o
o
o
scheme
habit
custom
usage
the like
Instance: Carnapping in QC and Pasay- similar acts

may be admitted as evidence to prove pattern of
behaviour/modus operandi
Unaccepted Offer (S35)- relate to 1256, NCC for

purpose of consignation
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 by law or these Rules
GENERAL RULE: Hearsay Evidence is NOT
COMPETENT EVIDENCE (excluded by law or these
Rules)
EXCEPTION: (11)
1.
2.
3.
4.
dying declaration
declaration against interest
act or declaration about pedigree
family reputation or tradition regarding
pedigree
5. common reputation
6. part of res gestae
7. entries in the course of business
8. entries in official records
9. commercial lists in the like
10. learned treatises
11. testimony or deposition at a former
proceeding
S37- Dying Declaration

(exception to privileged communication between
husband and wife)
S35- Offer in writing to pay a particular sum of
money or to deliver a written instrument or specific
personal property is, if rejected without valid cause,
equivalent to actual production and tender of
money, instrument, property
Lessee is ejected, refused to accept payment, filed

for consignation
Requisites:
1.
2.
3.
4.
declaration made under consciousness of

impending death
subject of inquiry is death
declaration is complete
qualified to be a witness
(in absence of 1, may be treated as res gestae)
Tender of payment- condition precedent

Declaration against interest (S38)
HEARSAY RULE
S36
Declaration against
Interest
Made
by
person
Admission
Not necessarily made by
18

RULES ON EVIDENCE
deceased or unable to
testify against interest of
declarant
person party or not
S39- Pedigree (hindi pagkain ng aso)

Act or declaration of person deceased or unable to
testify
-
in respect to pedigree of another person

related to him by birth or marriage,
o may be received in evidence
where it occurred before
the controversy and
the relationship between
the 2 persons is shown by
evidence other than such
act or omission.
Pedigree
-
relationship
family genealogy
birth
marriage
death
dates when and places where the facts
occurred
family history
entries in family bibles,

entries in family books or charts
engravings on rings
family portraits
etc
S39
Act or declaration about
pedigree
Witness need not be a
family member
Relation of declarant and
person subject of inquiry
must be established by
independent evidence
Testimony is about what

declarant, who is dead
or unable to testify, has
said concerning pedigree
of declarants family
S40
Family reputation or
tradition
regarding
pedigree
Witness is a member of
the family
Witness is himself the
one to whom the fact
relates,
and
not
necessary for him to
establish by independent
evidence his relationship
to the family
Testimony
is
about
family reputation or
tradition
covering
matters of pedigree
Important: known to the community regarding

pedigree, genealogy, family history
Common Reputation (S40)

-
hence, not necessary na present yung ninuno
it is the definite opinion of the community

in which the fact to be proved is known or
exists
What may be established by common reputation?

Family Reputation or tradition regarding pedigree
(S40)
Reputation or tradition existing in a family previous
to the controversy in respect to the pedigree of one
of its members may be received in evidence if:
1.
witness testifying thereon be also a

member of family either by consanguinity
or affinity
Ff may be received as evidence of pedigree:
1.
2.
3.
4.
Matters of public interest more than 30

years old
Matters of general interest more than 30
years old
Matters respecting marriage or moral
character and related facts
Individual moral character
Res Gestae (S42)
19

RULES ON EVIDENCE
Statements made by a person while a starting

occurrence is taking place or immediately prior or
subsequent thereto with respect to circumstances
thereon may be given in evidence as part of res
gestae.
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
Statements accompanying an equivocal act material

to the issue, and giving it legal significance, may be
treated as part of res gestae
E, how about math?

-
2 kinds of res gestae:

1.
Statement on startling occurrence plus

utterance
Kasali, kasi, considered as science
+ publication
The writer need not be presented to the witness
stand, the court can adopt the theories
Parang, dying declaration, pero hindi namatay

Hence, admissions of such nature may be multiple
admissions (either dying declaration or res gestae)
2.
Verbal act
Spontaneously made, tending to commit
HOY! Or, HOLDAP!!
Testimonies/Depositions at Former Proceedings

(S47)
Testimony or deposition of a witness deceased or
unable to testify given in a former case or
proceeding, judicial or administrative, involving
same parties and subject matter may be given in
evidence against adverse party who has had the
opportunity to cross examine them.
S43- entries in regular 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
-
Aka OFFICIAL RECORDS
Learned Treatises (S46)

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
(relate to R23-25)
Testimonies are proven by affidavits or TRANSCRIPT
OF RECORD (TSN)
All the above exceptions to the hearsay rule were

given, what is / are the reasons for such exceptions?
-
Trustworthiness and necessity
How do you attack a dying declaration?

Rule 131- disputable/rebuttable presumption
20

RULES ON EVIDENCE
Opinion Rule
General rule: opinion is not allowed

Exception:
Unless in rebuttal, prosecution may not

prove accuseds bad moral character which
is pertinent to moral trait involved in the
offense charged
Good or bad moral character of offended

party may be proved if it tends to establish
in any reasonable degree the probability or
improbability of the offense charged.
S49- opinion of expert witness

On a matter requiring special knowledge, skill,
experience, training which he is shown to possess in
a certain field (DISPUTABLE EVIDENCE)
S50- opinion of ordinary witness
Regarding:
1.
2.
3.
4.
Identity of a person about whom he has

adequate knowledge
Handwriting with which he has sufficient
familiarity
Mental sanity of a person with whom he is
sufficiently acquainted
On impressions of emotion, behaviour,
condition, appearance of a person
Forgery- even the judge can compare; no need for

expert witness
Civil Cases
-
to
131 (1)
-
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
establish
Character Evidence
General Rule: Not admissible
Exception:
Criminal Cases
-
Allowed, when pertinent to the issue of

character involved in a case
BURDEN OF PROOF
Expert witness- as counsel for accused, NEVER

ADMIT the qualification of expert witness (as to
source)
As prosecution, ask questions
qualification of expert witness
Prosecution cannot prove accused

is of bad moral character, except if
impeached
Accused may prove good moral character

which is pertinent to moral trait involved in
the offense charged
Burden of Proof
Never shifts during trial,
given by law
Affirmative defense- on
the one alleging such
affirmative defense
Negative defense- on the
claiming party
Burden of Evidence
Shifts during trial
Criminal
case*prosecution--defense
Civil Case- *plaintiff
defendant
Administrative
both
case-
Kinds of Presumptions:
1.
Conclusive presumptions
21

RULES ON EVIDENCE
Estoppel in pais (131 S2a)

Whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately led
another to believe a particular thing is true, and to
act upon belief, he cannot, in any litigation arising
out of such declaration, act, or omission, be
permitted to falsify it.
Estoppel by tenant (131 S2b)

Tenant is not permitted to deny the title of his
landlord at the time of commencement of relation of
landlord-tenant between them
2.
Disputable/Rebuttable Presumptions
NOTE: MAHABA TO!!!

a.
That a person is innocent of crime or wrong
b.
That an unlawful act was done with unlawful

intent
c.
That a person intends the

consequences of his voluntary act
d.
That a person takes ordinary care of his concerns
e.
That evidence if willfully suppressed would be

adverse if produced
f.
g.
h.
i.
That prior rents or installments had been paid

when a receipt for 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 money, or the
delivery of anything, has paid the money or
delivered the thing accordingly
l.
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 has 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
ordinary
That money paid by one to another is due to the

latter
That a thing delivered by one to another

belonged to the latter
That an obligation delivered up to the debtor has

been paid
22

RULES ON EVIDENCE
u.
That a writing is truly dated
v.
That a letter duly directed and mailed was

received in the regular course of the mail
w.
That after an absence of 7 years, it being

unknown whether or not an 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 until after
an absence of 10 years. If he disappeared after
the age of 75 years, an absence of 5 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 sea

voyage, or an aircraft which is missing, who
has not been heard of for 4 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 4 years
3.
a person who has been in danger of death

under other circumstances and whose
existence has not been known for 4 years
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 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 2 years shall
be sufficient for contracting a subsequent
marriage. However, in any case, before
marrying again, the spouse present must

institute a summary proceeding as provided
for 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 co-partners have entered

into a contract of co-partnership
aa. that a man and a 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 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 300
days after such termination of the former
marriage, these rules shall govern in the absence
of proof to the contrary:
1.
a child born before 180

days
after
the
solemnization
of
the
subsequent marriage is
considered to have been
conceived during the
23

RULES ON EVIDENCE
former marriage, provided

it be born within 300 days
after the termination of
the former marriage
2.
2.
3.
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 300 days after the
termination of the former
marriage
4.
5.
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
kk. if there is a doubt, as between 2 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.
Rule 132- Presentation of evidence

S1-S2
1.
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
that except for purposes of succession, when 2

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 15 years, the older is
deemed to have survived
in open court, recorded

a. TSN,
b. Taped
EXCEPT:
-
jj.
if both are above the age

of 60, the younger is
if one is under 15 and the
other above 60, the
former is deemed to have
survived
if both be over 15 and
under 60, and the sex be
different, the male is
deemed to have survived;
if the sex be the same, the
older
if one be under 15 or over
60, and the other between
those ages, the latter is
2.
involving minors (Juveniles in Conflict with

the Law)
o to be conducted in another
room/chambers
if repulsive evidence would be presented
o in chambers
Under oath or affirmation
Note best evidence: TSN (for purposes of using

testimony of further proceedings, under R130)
24

RULES ON EVIDENCE
S4-8
3.
General rule: answers to be given orally
Exceptions:
-
Direct examination
When witness is incapacitated to speak

Question calls for a different mode of
answer
Cross examination
-
S3- Rights and obligations of a witness

Obligation: to answer questions, although his answer
may tend to establish a claim against him
Rights:
1.
To be protected from irrelevant, improper,

insulting questions, from harsh or insulting
demeanor
2.
Not to be detained longer than the interests

of justice require
3.
Not to be examined except only as to

matters pertinent to the issue
4.
Not to give an answer which will tend to

subject him to a penalty for an offense
unless otherwise provided by law (RIGHT
AGAINST SELF INCRIMINATIONapplies
only to testimonial evidence)
5.
Not to give an answer which will tend to

degrade his reputation unless it be to the
very fact at issue or to a fact from which the
fact in issue would be presumed. But a
witness must answer to the fact of his
previous final conviction for an offense.
Mr Witness, pogi ka ba?

violation of #1
Hindi ba panget ka?!-
Examination in chief of a witness by the

party presenting him on the facts relevant
to the case
Examination by adverse party upon

termination of direct examination as to:
o Matters
stated
in
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
Re Direct Examination
-
Re examination by proponent after the

cross examination to allow the witness to
explain or supplement answers given during
the cross examination, and on the courts
discretion, allow questions on matters not
dealt with during the cross examination
Re Cross Examination
-
Examination by Adverse party after the re

direct examination on matters stated in the
re direct examination and also on such
other matters as may be allowed by court in
its discretion
S9- recalling of witness

After the examination of a witness by both sides has
been concluded, the witness cannot be recalled
25

RULES ON EVIDENCE
without leave of the court. The court will grant or

withhold leave in its discretion, as the interests of
justice may require
A witness may be impeached by the party against

whom he is called,
1.
2.
S10- Leading/Misleading
3.
Leading Question
-
Question which suggests to the witness the

answer which the examining party desires
but not
-
General rule, not allowed, except:

a.
On cross examination
b.
On preliminary matters
c.
When there is difficulty in getting

direct and intelligible answers from
a witness who is ignorant, or a
child of tender years, or is of feeble
mind, or of a deaf mute
d.
e.
Of an unwilling or hostile witness

or
Of a witness who is an adverse
party or an officer, director,
managing agent of a public or
private corporation or of a
partnership or association which is
an adverse party
Misleading question
-
Question which assumes as true a fact not

yet testified to by the witness or contrary to
what is previously stated
o Not allowed
S11- Impeachment of adverse partys witness
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,
by evidence of particular wrongful acts,

o 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
Deposition
TSN
Perjured Witness
S12- Party may not impeach own witness

Except with respect to witnesses referred to in par d
and e of S10 (unwilling/hostile and adverse party or
officer of a corporation which is adverse party), the
party producing a witness is not allowed to impeach
his credibility
A witness may be considered as unwilling or hostile
only if unwilling and so declared by the court upon
adequate showing of his
1.
2.
3.
adverse interest
unjustified reluctance to testify
or his having misled a party into the wintess
stand
The unwilling or hostile witness so declared or the

witness who is an adverse party may be impeached
26

RULES ON EVIDENCE
by the party presenting him in all respects as if he

had been called by the adverse party except by
evidence of his bad character. He may also be
impeached and cross examined by the adverse party,
but such cross examination must only be on the
subject matter of his examination in chief.
General rule, except hostile, adverse, petitioners

witnessmanifest before the court
1.
By confronting him with such statements,

with circumstances under which they were
made
2.
By asking him whether he made such

statements
3.
By giving him a change to explain the

inconsistency
S14- Evidence of good character of a witness

S13- How witness impeached by evidence of
inconsistent witness
Before a witness can be impeached by evidence that
he has made at other times inconsistent with his
present testimony, the statements must be related
to him with the circumstances of the times and
places and the persons present and must be asked
whether he made such statements and if so, allowed
to explain them. If the statements be in writing they
must be shown to the witness before any question
put to him concerning them.
TSN, affidavit- ipakita
Evidence of good character of a witness is not

admissible until such character has been impeached
Evidence of good character of witness

General rule: not admissible
Exception: except when such character has been
impeached
Accused- admissible, for as long as pertaining to the
offense
Civil case- admissible only when pertinent to the
issue of character involved in a case
May statement? Ginawa mo? Naalala mo ba?

st
S15- Exclusion and separation of a witness
nd
On any trial or hearing, the judge may exclude from

the court any witness not at the time under
examination, so that he may not hear the testimony
of other witnesses. The judge may also cause
witnesses to be kept separate and to be prevented
from conversing with one another until all shall have
been examined.
1 statement- medyo pogi daw

2 statement- pogi daw
ANO BA?
Hence, credibility at issue, with propensity to tell a
lie
Laying the predicate- lay the basis/predicate
-
How?
impeaching a witness by prior inconsistent

statements
To avoid confusion
N/A to accused- Constitutional guarantee; to be
present at all stage of a witness
27

RULES ON EVIDENCE
When there are 2 or more witnesses, can do so to

avoid confusion
S16- When witness may refer to memorandum

A witness may be allowed to refresh his memory
1.
respecting a fact,
a. by anything written or recorded by
himself or under his direction at
i. the time when the fact
occurred, or
ii. immediately thereafter,
or
iii. at any other time when
the fact was fresh in his
memory and he knew that
the same was correctly
written or recorded;
but in such case the writing or record must be

produced and may be inspected by the adverse
party, who may, if he chooses, cross examine the
witnesses upon it, and may read it in evidence
So, also, a witness may testify from such a writing or
record, though he retain no recollection of the
particular facts,
-
1.
2.
if he is able to swear that the writing or

record correctly stated the transaction
when made;
o but such evidence must be
received with caution
When part of an act, declaration, conversation,

writing, or record is given in evidence by one party,
the whole of the same subject may be inquired into
by the other, and when a detached act, declaration,
conversation, writing, or record is given in evidence,
any other act, declaration, conversation, writing, or
record necessary to its understanding may also be
given in evidence
S18- Right to inspect writing shown to witness

Whenever a writing is shown to a witness, it may be
inspected by the adverse party
Writing- you are adverse party, inspect it!
S19- classes of documents

For the purpose of their presentation in evidence,
documents are either public or private.
Public documents are:
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 Philippines, or of a
foreign country
b.
documents acknowledge before a notary

public except last wills and testaments, and
c.
Public records kept in the Philippines, of

private documents required by law to be
entered therein
Present memory
Writing
Refresh memory
-
S17- When part of transaction, writing, or recorder is

given in evidence, the remainder is admissible
Show to him, show contents
28

RULES ON EVIDENCE
All other writings are private
S20- Proof of private document

Before any private document offered as authentic is
received in evidence, its due execution and
authenticity must be proved either:
a.
b.
by anyone who saw the document executed

or written, or
by evidence of the genuineness of the
signature or handwriting of the maker
Any other private document need only be identified

as that which it is claimed to be
the witness has acted or been charged, and has thus

acquired knowledge of the handwriting of such
person. Evidence respecting the handwriting may
also be given by a comparison, made by the witness
or the court, with writings admitted or treated as
genuine by the party against whom the evidence is
offered, or proved to be genuine to the satisfaction
of the judge
23
Documents consisting of entries in public records
made in the performance of a duty of a public officer
are prima facie evidence of the facts therein stated.
All other public documents are evidence, even
against a third person, of the fact which gave rise to
their execution and of the date of the latter.
24
S21- When evidence of authenticity of private
document is not necessary
When a private document is more than 30 years old,
is produced from a custody in which it would
naturally be found if genuine, and is unblemished by
any alterations or circumstances of suspicion, no
other evidence of its authenticity need be given
How to prove foreign laws:

-
allege
prove, authenticate, attest
S22- How genuiness of handwriting is proved

22
The handwriting of a person may be proved by any
witness who believes it to be the handwriting of
such person because he has seen the person write,
or has seen writing purporting to be his upon which
The record of public documents referred to in

paragraph a of section 19, when admissible for any
purpose, may be evidenced by an official publication
thereof or by a copy attested by the officer having
the legal custody of the record, or by his deputy, and
accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has
custody. If the office in which the record is kept in a
foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general,
consul, vice consul, or consular agent or by any
officer in the foreign service of the Philippines
stationed in the foreign country in which the record
is kept, and authenticated by the seal of his office.
25
Whenever a copy of a document or record is
attested for the purpose of the evidence, the
attestation must state, in substance, that the copy is
a correct copy of the original, or a specific part
thereof, as the case may be. The attestation must
29

RULES ON EVIDENCE
be under the official seal of the attesting officer, if

there be any, or if he be the clerk of a court having a
seal, under the seal of such court.
a.
want of jurisdiction in the court or judicial

officer
S26- Irremovability of public record
b.
collusion between the parties
c.
fraud in the party offering the record, in

respect to the proceedings
Any public record, an official copy of which is

admissible in evidence, must not be removed from
the office in which it is kept except upon order of a
court where the inspection of the record is essential
to just determination of a pending case
S30- proof of notarial documents

(Relate to S3(4) 130)
When original is a public record in the custody of the
public officer or is recorded in a public office
exception to best evidence rule
S27- Public record of a private document

An authorized public record of a private document
may be proved by the original record, or by a copy
thereof attested by the legal custodian of the record,
with an appropriate certificate that such officer has
the custody.
S28- Proof of lack of record

A written statement signed by an officer having the
custody of an official record or by his deputy that
after diligent search, no record or entry of a
specified tenor is found to exist in the records of his
office, accompanied by a certificate as above
provided, is admissible as evidence that the records
of his office contain no such record or entry
Every instrument duly acknowledged and certified as

provided by law, may be presented in evidence
without further proof, the certificate of
acknowledgement being prima facie evidence of the
execution of the instrument or document involved.
(relate to 2004 Notarial Rules, because concerns
notarial documents)
S31- alterations in document, how to explain

The party producing a document as genuine which
has been altered and appears to have been altered
after its execution, in a part material to the question
in dispute, must account for the alteration. He may
show that the alteration was made by another,
without his concurrence, or was made with the
consent of the parties affected by it, or was
otherwise properly or innocently made, or that the
alteration did not change the meaning or language
of the instrument. If he fails to do that, the
document shall not be admissible as evidence.
S32- seal
S29- Impeaching Judicial Records
Any judicial record may be impeached by evidence
of:
There shall be no difference between sealed and

unsealed private documents insofar as their
admissibility as evidence is concerned.
30

RULES ON EVIDENCE
Seal- coming from abroad, then dapat ang document

has seal and authentication
Evidence not formally offered- has no probative

value
S33- Documentary evidence in an unofficial language
S35- when to make offer
Documents written in an unofficial language shall

not be admitted as evidence, unless accompanied
with a translation into English or Filipino. To avoid
interruption of proceedings, parties or their
attorneys are directed to have such translation
prepared before trial.
As regards the testimony of a witness, the offer must

be made at the time the witness is called to testify.
Documentary and object evidence shall be offered
after the presentation of a partys testimonial
evidence.
Such offer shall be done orally unless allowed by the
court to be done in writing.
Document written in Korean, Thai, Chinese- dapat

with official English translationtranslator coming
from respective embassies, kasi baka mamaya
minumura na kayoand dapat prosecution must
come up with translator, not the accused
Interpreter- not provided by witness for accused or
by the accusedtalo ka dun
Documentary- after identification, during trial

Testimonial- at the time the witness is being
presented
S36- Objection
Offer and objection
S34- offer of evidence
The court shall consider not evidence which has not
been formally offered. The purpose for which the
evidence must be offered must be specified.
Offer of evidence
After termination of
presentation of evidence
Offer of testimony
After testimony was
made
Offer of evidence
After termination of
presentation of evidence
Formal offer of proof

Offer proof in relation to
the fact in issue
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 therefore shall become
reasonably apparent
An offer of evidence in writing shall be objected to

within 3 days after the notice of the offer unless a
different period is allowed by the court.
In any case, the grounds for objections must be

specified.
31

RULES ON EVIDENCE
Kinds of objections:
S38- ruling on objections
As to form:
The ruling of the court must be given immediately

after the objection is made, unless the court desires
to take a reasonable time to inform itself on the
question presented; but the ruling shall always be
made during the trial and at such time as will give
the party against whom it is made an opportunity to
meet the situation presented by the ruling.
1.
2.
oral
written
2 grounds:
1.
specified objections
a. parol evidence
b. best evidence
2.
general objections
a. immaterial
b. irrelevant
c. no basis
d. incompetent
Overruled- hindi pwede
S39- not responsive, strike out answer

Should a witness answer the question 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 sustain the
objection and order the answer given to be stricken
off the record.
Sustained- question allowed

Deferred- ruling deferred for further time
S40- Tender of excluded evidence
Continuing objections- line of questions are

objectionable, register as far the class of questions
are given- para hindi lagi object ng object
If documents or things offered in evidence are

excluded by the court, the offeror may have the
same attached to or made part of the record.
1994 Bar
If the evidence excluded is oral, the offeror may

state for the record the name and other personal
circumstances of the witness and the substance of
the proposed testimony.
Broadside objections
General objections
Specific Objections
With specific grounds for
objection
Rule:
S37- Continuing Objections
When it becomes reasonably apparent in the course
of the examination of a witness that the questions
being propounded are of the same class as those to
which objection has been made, whether such
objection was sustained or overruled, it shall not be
necessary to repeat the objection, it being sufficient
for the adverse party to record his continuing
objection to such class of questions.
Testimonial Evidence- give the name, personal

circumstances of witness, nature of testimony
Documentary Evidence- give descriptions of the
documents, have them attached or made part of the
record; hence, would form part of record of the
case, and for purposes of review, can be considered
by appellate court
32

RULES ON EVIDENCE
9.
Purpose of objections
-
as to admissibility
Admissibility
Question is whether the
court will admit it or not
Probative Value
Fact in issue is
question
Personal credibility so far as the same may

legitimately appear upon the record
SUBSTANTIAL EVIDENCE
in
-
Rule 133
Amount of evidence which a reasonable

mind might accept as adequate to justify a
conclusion
o In administrative cases or before
quasi judicial bodies
Weight and Sufficiency of evidence

PROOF BEYOND REASONABLE DOUBT
PREPONDERANCE OF EVIDENCE
Evidence which is of greater weight or more

convincing than that which is offered in
opposition to it
o In civil cases
Moral certainty of commission of crime,

degree of proof producing conviction in an
unprejudiced mind
o Criminal cases
S3- Extrajudicial confession, not sufficient ground for

conviction, except
Considerations the court may consider:
An extrajudicial confession made by the accused,

shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti (body of
the crimesee previous discussions).
1.
All facts and circumstances of the case
2.
Witnesses manner of testifying
3.
Their intelligence
4.
Their means and opportunity of knowing

the facts to which they are testifying
S4- Circumstantial evidence

Sufficient for conviction if:
5.
Nature of the facts to which they are

testifying
1.
There is more than one circumstance
6.
Nature of facts to which they testify
2.
The facts from which the inferences are

derived are proven
7.
Probability
testimony
3.
8.
Their interest or want of interest
Combination of all circumstances is such as

to produce conviction beyond reasonable
doubt
or
improbability
of
their
33

RULES ON EVIDENCE
DEPOSITIONS!
DNA Evidence
-
Admissible (see People vs Vallejo)
Polygraph
-
Not admissible
o Emotions are controlled
Falsus in uno falsus in omnibus (unsure about

correct translation)
-
False in one, false in all
R126 S13
Search incidental to lawful arrest
-
Admissible whatever would be taken from

the search IF the arrest, in the first place, is
lawful
o If not, then not admissible
Sexual Shield Abuse Rule

-
Questions on sexual predisposition of a

minor witness is inadmissible in evidence
o EXCEPT:
If tending to prove source
of semen
If question refers to
injuries sustained by said
minor witness
Rule 134
Perpetuation of Testimony
(relate to R23 and 24)
34

RULES ON EVIDENCE
35

Remedial Law Review Class Lecture by Atty Ferdinand Tan Rules On Evidence Notes By: Paul Lemuel E Chavez

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Remedial Law Review Class Lecture by Atty Ferdinand Tan Rules On Evidence Notes By: Paul Lemuel E Chavez

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Copyright:

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Remedial Law Review class lecture by Atty Ferdinand Tan

NOTE: Rules on evidence applies only to JUDICIAL

The end product; effect

CLINE (Rule 1) + quasi judicial and quasi

Exception to CLINE + administrative, quasi judicial

Applies to all proceedings, judicial or quasi

In what instances can Factual Issues be resolved

Judgment on the pleadings (Rule 34)

Rules 128-134 of the Rules of Court