Professional Documents
Culture Documents
Evidence Notes
Evidence Notes
RULES ON EVIDENCE
Notes by: Paul Lemuel E Chavez
EVIDENCE NOTES
evidence
Evidence
Rules of evidence does not apply to:
R128 S1
Evidence is the means sanctioned by the
rules of ascertaining in a judicial
proceeding the truth respecting a
matter of fact.
NOTE: Rules on evidence applies only to
JUDICIAL PROCEEDINGS
Factum probans
Probandum
Factum
Factum
Probandum
Ultimate fact sought
to be established;
refers to proposition
Ultimate facts
Proposition to
established
hypothetical
be
Factum Probans
Material evidencing
the
proposition;
evidentiary fact by
which the factum
probandum
is
established
Intermediate facts
Material evidencing
the proposition
Existent
Exception to exception:
Electronic Evidence Rule
-
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
The end product;
effect of evidence
There is proof only
because
of
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
Sources of Evidence:
1.
2.
3.
4.
What law(s)?
1. 1987 Constitution
2. RA4200 (anti wiretapping act)
-
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
(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.
in
Kinds of Evidence:
1. OBJECT EVIDENCE
-
A3 S14
1. No person shall be held to answer
for a criminal offense without due
process of law
2. In
all
criminal
prosecutions,
accused
shall
be
presumed
innocent until contrary is proved
(basis of R133 S2).
2. DOCUMENTARY EVIDENCE
-
3. TESTIMONIAL EVIDENCE
-
4. RELEVANT EVIDENCE
-
5. MATERIAL EVIDENCE
-
6. COMPETENT EVIDENCE
-
7. CUMULATIVE EVIDENCE
8. CORROBORATIVE EVIDENCE
-
9. POSITIVE EVIDENCE
-
Admissibility
The evidence must
be relevant and not
excluded by law or
the
Rules
(competent)
Competency
The evidence must
not be excluded by
law or these Rules
It depends
Testimonial Evidence
-
13. PROOF
DOUBT
-
BEYOND
REASONABLE
Documentary Evidence
-
Formal offer
Object Evidence
-
Kinds of Admissibility:
1. CONDITIONAL
Rule 129
WHAT NEED NOT BE PROVED
-
JUDICIAL NOTICE
-
3. CURATIVE
-
Competency
Evidence
is
not
excluded by law or
these Rules
are
of
R129 S1
1. Existence and territorial extent of
states
2. Their political history
3. 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
Differentiate Legislative
Adjudicative Function:
Function
from
NOTE:
Doctrine of processual presumption
Discretionary Judicial Notice
129 2
Matters which are of:
1. Public knowledge
2. Are capable of unquestionable
demonstration
3. Ought to be known to judges
because of their judicial functions
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.
Judicial Admission
Made in the same
case, except:
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)
Judicial
Confession
Made not in the
same case
Cannot be implied
(direct and positive
acknowledgement
of guilt)
Rule 130
Rules of admissibility
1. Palpable
mistake
2. No
admission
made
3. In
the
interest
of
justice
Confession
Declaration
of
accused
acknowledging his
guilt in the offense
charged or of any
offense necessarily
included
therein
(presupposes
criminal action)
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
Statement
by
accused that he
engaged in conduct
which constitutes a
crime
Specific
type
of
admission, referring
only
to
acknowledgment of
guilt
Example:
MARKED MONEY
TAPE RECORDINGS
Existence of tape- object evidence
Laman ng tape- documentary evidence
COCA COLA
only
in
documentary
1. by a copy, or
2. by a recital of its contents in some
authentic document or
3. 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. the execution and validity of the
same be established, and
2. the will is proved to have been in
existence at the time of the death
of testator, or
3. 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. must be distinctly stated
certified by the judge under
seal of the court, and
2. the certificate must be filed
recorded as other wills are filed
recorded
Rule 27
Production
and
inspection
of
documents
or
things
Mode of Discovery
By way of motion
There is no prior
knowledgekaya
nga
mode
of
discovery eh
and
the
and
and
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
-
130 S8
Copy to another
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
imperfection
agreement
ambiguity,
in
the
mistake,
written
of
the
written
Parol Evidence
Rule
Applies
to
documentary
evidence including
wills
Prohibits varying of
terms
of
Best Evidence
Rule
Applies
to
documentary
evidence
Prohibits
presentation
of
10
agreement, subject
to exceptions
Invoked by only the
parties themselves
secondary evidence
Invoked
party
by
any
mistake,
written
to
the
kinds
of
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
11
130 S20
Except as provided in the next succeeding
section, all persons who:
1. Can perceive
2. And perceiving
3. And make known their perception
to others
may be witnesses
at
e
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,
Credibility of
Witness
Question is whether
or not the testimony
of the witness / the
12
witness
believable
is
if
one
of
the
spouses is a party
to the action
Applies
only
if
testimony is offered
DURING
THE
MARRIAGE
S21
1. Those whose mental condition, at
the time of their production for
examination, is such that they are
incapable of intelligently making
known their intention to others
2. 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. 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
S24A- disqual by
reason of marital
privilege
One of the spouses
is or is not a party
to the action
Can
be
claimed
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
disqualification
Even
if
the
testimony is for or
against
the
objecting
spouse,
the spouse witness
cannot testify
Note: Spousal Immunity is waivable.
Hence, for failure to object, waived
13
Witness is a
o party or
o assignor of a party
to a case of persons
in whose behalf a
case is prosecuted
action
o
o
o
1. Husband-Wife
is against
executor or
administrator or
other
representative
deceased person or
o person of unsound mind
24a
of
If
marriage
is
disqualification
void,
hindi
apply
Dying declaration
Communications made prior
valid marriage
If Can be made public
When overheard by third party
to
Scope:
-
NOTE: Waivable
of
14
24b
Covers:
1. Advice or treatment given by
doctor
2. Any information he acquired from
patient
3. Information necessary to enable
him to act in that capacity and
would blacken reputation of patient
MEDICINE!
Atty
-
Secretary, Stenographer,
Clerk, NOT Janitor)
-
Clerk
(Office
4. Priest-penitent
3. Physician-Patient (relate to Physical
and
Mental
Examination
of
persons)
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.
24d
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! Kasi, AUTHORIZED
TO RECEIVE CONFESSION AND TO GRANT
ABSOLUTION!!!
15
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.
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
Declaration
against Interest
Made by person
deceased or unable
to testify against
interest of declarant
Admission
Not
necessarily
made by person
party or not
CIVIL CASES
CRIMINAL CASES
-
Admission
-
of
Confession
-
Declaration
of
accused
acknowledging his guilt in the
offense charged or of any offense
necessarily
included
therein
(presupposes criminal action)
Criminal negligence
BP22
16
Other admissions:
-
Discharge of witness
Amendment on the pleadings
Refers
to
Judicial
or
extrajudicial
admissions, such as that of co conspirator,
co partner, which requires evidence ex
aliunde other than conspiracy, partnership
EXCEPT: admission by silence
17
2 Kinds of Confessions:
Interlocking Confession
1. Judicial Confession
-
2. Extrajudicial Confession
-
Weight:
Exception:
Examples:
than
one
admissible to prove:
o specific intent
o knowledge
o identity
o plan
o system
o scheme
o habit
o custom
o usage
o the like
18
EXCEPTION: (11)
Unaccepted Offer (S35)- relate to 1256,
NCC for purpose of consignation
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
accept
HEARSAY RULE
S36
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)
Requisites:
1. declaration
made
under
consciousness of impending death
2. subject of inquiry is death
3. declaration is complete
4. qualified to be a witness
(in absence of 1, may be treated as res
gestae)
Admission
Not
necessarily
made by person
party or not
19
Pedigree
-
relationship
family genealogy
birth
marriage
death
dates when and places where the
facts occurred
family history
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
received
as
evidence
of
20
declaration,
pero
hindi
+ publication
The writer need not be presented to the
witness stand, the court can adopt the
theories
Testimonies/Depositions
Proceedings (S47)
at
Former
(relate to R23-25)
Testimonies are proven by affidavits or
TRANSCRIPT OF RECORD (TSN)
21
Exception:
Criminal Cases
disputable/rebuttable
Opinion Rule
General rule: opinion is not allowed
Exception:
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. Identity of a person about whom he
has adequate knowledge
2. Handwriting with which he has
sufficient familiarity
3. Mental sanity of a person with
whom he is sufficiently acquainted
4. On
impressions
of
emotion,
behaviour, condition, appearance
of a person
Forgery- even the judge can compare; no
need for expert witness
Expert witness- as counsel for accused,
NEVER ADMIT the qualification of expert
witness (as to source)
As prosecution, ask questions to establish
qualification of expert witness
Civil Cases
-
BURDEN OF PROOF
131 (1)
-
Burden of Proof
Character Evidence
General Rule: Not admissible
Burden of
Evidence
Shifts during trial
22
defenseclaiming
Criminal
case*prosecution-defense
d.
e.
Administrative caseboth
f.
g.
h.
i.
j.
k.
l.
Kinds of Presumptions:
1. Conclusive presumptions
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.
2. Disputable/Rebuttable
Presumptions
NOTE: MAHABA TO!!!
a.
b.
c.
o.
23
1.
2.
p.
q.
r.
That
there
was
a
consideration for a contract
sufficient
3.
s.
4.
t.
u.
v.
x.
y.
z.
24
jj.
2.
1.
2.
3.
4.
25
5.
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
deemed
to
have
survived
S4-8
Direct examination
26
Cross examination
-
S10- Leading/Misleading
Leading Question
-
Re Direct Examination
-
d. Of an unwilling or hostile
witness or
e. 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
Re Cross Examination
-
Misleading question
-
27
Deposition
TSN
Perjured Witness
1. adverse interest
2. unjustified reluctance to testify
3. 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 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.
28
predicate-
lay
impeaching a witness
inconsistent statements
by
the
prior
To avoid confusion
How?
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
Evidence of good character of a witness is
not admissible until such character has
been impeached
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.
as
long
as
may
refer
to
29
1. Present memory
2. Writing
Refresh memory
-
30
allege
prove, authenticate, attest
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
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
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.
31
32
S33- Documentary
unofficial language
evidence
in
an
Offer of evidence
After termination of
presentation
of
evidence
Offer of evidence
After termination of
presentation
of
evidence
Offer of
testimony
After testimony was
made
Formal offer of
proof
Offer
proof
in
relation to the fact
in issue
33
As to form:
S38- ruling on objections
1. oral
2. 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
Sustained- question allowed
Deferred- ruling deferred for further time
Continuing objections- line of questions
are objectionable, register as far the class
of questions are given- para hindi lagi
object ng object
Specific
Objections
With
specific
grounds
for
objection
Rule:
34
Purpose of objections
-
as to admissibility
Admissibility
Question is whether
the court will admit
it or not
Probative Value
Fact in issue is in
question
SUBSTANTIAL EVIDENCE
-
Rule 133
3. Their intelligence
S4- Circumstantial evidence
35
than
one
If question refers to
injuries sustained by
said minor witness
Rule 134
Perpetuation of Testimony
(relate to R23 and 24)
DEPOSITIONS!
DNA Evidence
-
Polygraph
-
Not admissible
o Emotions are controlled
R126 S13
Search incidental to lawful arrest
-
36
37
38