EVIDENCE 1.

Verbal or written
(Requisites and Exceptions) 2. Made by a party to the case
RULE 128 3. Made in the course of the proceedings
 Admissibility of Evidence  To contradict Judicial Admissions
1. When it is relevant to the issue 1. Made through PALPABLE MISTAKE
2. Is not excluded by the law or these rules 2. NO ADMISSION had been made (misinterpretation)
 Relevancy
1. Must have such a relation to the fact in issue RULE 130
2. As to induce belief in its existence or non-existence.  Kinds of Evidence
o Exception: COLLATERAL EVIDENCE can be admitted when 1. Object – are those addressed to the senses of the court
it tends in any reasonable degree to establish the 2. Documentary
probability or improbability of the fact in issue. 3. Testimonial
o0o
 Cases where no evidence needed: (AAPJ)  OBJECT EVIDENCE is relevant it may be:
1. When answer fails to tender or otherwise admit material 1. Exhibited
allegations (RULE 34) 2. Examined
2. By agreement of the parties (Judicial Admission) 3. Viewed
3. Presumptions under the law o0o
4. Judicial Notice (Mandatory/Discretionary)  DOCUMENTARY EVIDENCE consist of:
1. Writings, or
RULE 129 2. Any material containg WORDS, LETTERS,NUMBERS,
 MANDATORY JUDICIAL NOTICE FIGURES, SYMBOLS, or OTHER MODES OF WRITTEN
1. Existence and territorial extent of states EXPRESSIONS
2. Political history, form of government and symbols of o Offered as proof of their contents
nationality of state  BEST EVIDENCE RULE provides that when the subject of the
3. Law of nations inquiry is the contents of a document, no evidence shall be
4. Admiralty and maritime courts of the world and their admissible other than the original document itself.
seals o EXCEPTIONS:
5. Political constitution and history of the Philippines 1. When the original is lost or destroyed or cannot be
6. Official acts of legislatuve, executive abd judicial produced in court, without the fault of the offeror
department of the Philippines 2. When the original is in the custody or under the control
7. Laws of nature of the party gainst whom the evidence is being
8. Measure of time offered, and the latter fails to produce it after
9. Geographical divisions reasonable notice
 DISCRETIONARY JUDICIAL NOTICE 3. When the original consist of numerous accounts or
1. Public knowledge other documents and it will entail great loss of time
2. Capable of unquestionable demonstration and the fact sought to be established is only the
3. Ought to be known to judges because of their judicial general result of the whole
function 4. When the original is a public record in the custody of a
 JUDICIAL ADMISSIONS public officer or is recorded in a public office.

ACC 1

 What are considered original documents?
o ROE
1. Documents which contents are subject of the inquiry
2. Documents in two or more copies executed at or about
the same time, with identical contents
3. Entries repeated in the regular course of business, one
being copied from another at or near the time of the
transaction
o REE = regarded as original under BER if it is a printout
or output readable by sight or other means, shown to
reflect the date accurately.
= copies executed at or about the same time
with identical contents are also original, except
1. Geniune question of authenticity of the
original;
2. In circumstances where it would be unjust or
inequitable to admit the copy.
= FAX COPY or FACIMILE TRANSMISSION is not
admissible as electronic evidence; much more
the photocopy of the same.
 BER can be waived if NOT RAISED in the trial. Requisites to
apply BER:
1. The matter involve is a document
2. The subject of the inquiry is the contents of the
document.
 SECONDARY EVIDENCE (SECTIONS 5-8)
1. Original is UNAVAILABLE
2. Original is under custody of PARTY against whom it is
offered
3. Original is NUMEROUS
4. Original is a PUBLIC DOCUMENT
 REQUISITES if the original have been LOST, DESTROYED or
CANNOT be produced in court:
1. Prove the EXISTENCE AND EXECUTION of the original
document
2. Show the CAUSE OF THE UNAVAILABILITY of the
document, and
3. Show that the unavailability was NOT DUE TO HIS FAULT
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o Therefore, EXISTENCE, EXECUTION, LOSS and CONTENTS
(the order may be changed depending on the sound
discretion of the court (CITIBANK v TEODORO)
o To prove CONTENTS present the following in the order
stated:
1. Copy of the original
2. Recital of its contents by some authentic
document, or
3. Testimony of the witness
 REQUISITES if the ORIGINAL WAS WITH THE ADVERSE PARTY:
1. Original EXIST
2. It is in the CUSTODY OR CONTROL of the adverse party
3. The offeror gave the adverse party a REASONABLE
NOTICE to produce the same in court
4. Adverse party FAILED TO PRODUCE the original
o Therefore, EXISTENCE, CUSTODY OR CONTROL, REASONABLE
NOTICE and FAILURE TO PRODUCE
 REQUISITES if the original consists of NUMEROUS ACCOUNTS OR
OTHER DOCUMENTS:
1. Original consist of NUMEROUS ACCOUNTS OR OTHER
DOCUMENTS
2. The examination will result to GREAT LOSS OF TIME of the
court
3. Fact sought to be established is the GENERAL RESULT OF
THE WHOLE.
o Therefore, NUMEROUS ACCOUNTS OR OTHER DOCUMENTS,
GREAT LOSS OF TIME and GENERAL RESULT OF THE WHOLE
o Secondary Proof: SUMMARY OF THE ORIGINAL DOCUMENTS
 REQUISITES if the original is a PUBLIC RECORD:
1. Original is in CUSTODY of public officer or recorded in a
public office
2. The evidence presented is a CERTIFIED COPY ISSUED BY
PUBLIC OFFICER IN CUSTODY thereof.
o Therefore, CUSTODY and CERTIFIED COPY ISSUED BY PUBLIC
OFFICER IN CUSTODY
 A person who calls the production of the documents is not
bound to offer it.
 PAROLE EVIDENCE RULE = when the terms of the agreement
have been reduced in writing, it is considered as containing all
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 the terms agreed upon, and there can be, between the
parties and their successor in interest, no evidence of such
terms other than the contents of the written agreement.
o EXCEPTION: a party may present evidence to modify,
explain or add to the terms of the written agreement
when he put in issue in his pleading the following:
1. Intrinsic ambiguity, mistake or imperfection of the
written agreement;
2. Written agreement does not express the true intent
and agreement of the parties
3. Validity of the written agreement
4. That there were other terms agreed upon by the
parties or their successors in interest after the
execution of the agreement
 PER applies only:
1. When the issue is the terms of the agreement
2. When the agreement is is WRITING
3. Between the parties and their successors in interest
4. Applies to contracts and WILLS
 INTRINSIC AMBUIGITY = not apparent upon the face of the
document.
 DOES NOT EXPRESS THE TRUE INTENTION = remedy is
REFORMATION unless there is fraud, which remedy must be
annulment.
 PER may be waived by failure to invoke the benefit of the rule.
It can only be invoked by the party to the agreement or their
successors in interest.
 INTERPRETATION OF DOCUMENTS
1. Legal Meaning it bears to the place of execution
2. Instrument where there are several provisions or
particular, that construction shall be adopted which
would give effect to all.
3. Intention of the parties is to be pursued; if general and
particular provisions are inconsistent, particular is
paramount to general; particular intent controls the
general intent if inconsistent
4. For proper construction, circumstances under which it
was made, including situation of the subject and the
parties may be shown, so that the judge may be
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placed in the position of those whose language he is to
interpret
5. Terms of a writing are presumed to have been used in
their PRIMARY & GENERAL ACCEPTATION; evidence is
admissible to show LOCAL, TECHNICAL or OTHERWISE
PECULIAR SIGNIFICATION, and were so used and
understood in the particular sense.
6. Inconsistency between written and printed words; the
written words controls the printed ones.
7. Characters are difficult to be deciphered or language
is not understood; evidence of person skiled in
deciphering or undertanding the language is
admissible to declare the character or meaning of the
language
8. Terms have been intended in a different sense by
different parties; that sense is to prevail against either
party in which he suppose the other understand it.
Different constructions are equally proper; the most
favorable to the person to whose favor the provision
was made is to be taken
9. Equally susceptible of 2 interpretation, that is in favor of
natural right shall be adopted
10. Determine the TRUE CHARACTER; contrue according to
usage.
o0o
 TESTIMONIAL EVIDENCE
 QUALIFICATIONS
1. Can percieve; and
2. Make known his perception to others
3. Take an oath or affirmation (*ADD)
4. Not possess any disqualifications*
 DISQUALIFICATIONS: (BOLD=requisites)
1. Those whose mental condition, at the time of their
production for examination, are incapable of
intelligently making known their perception to others.
2. Children whose mental maturity is such to render them
incapable of perceiving the facts upon which they
were examined and of relating them truthfully
 DISQUALIFICATIONS by reason of:
1. MARRIAGE
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 2. Death/insanity of adverse party (DEAD MAN’S
STATUE/SUVIVORSHIP DISQUALIFICATION RULE)
3. Privileged communication
 By reason of DEATH/INSANITY, requisites: (DEAD MAN’S STATUTE
or SURVIVORSHIP DISQUALIFICATION RULE)
1. The suit is UPON A CLAIM OR DEMAND AGAINST THE
ESTATE OF THE DECEASED PERSON OR AGAINST SUCH
PERSON OF UNSOUND MIND.
2. It is against the EXECUTOR, ADMINISTRATOR OR OTHER
REPRESENTATIVE OF A DECEASED PERSON or against A
PERSON OF UNSOUND MIND
3. The witness is the PARTIES or ASSIGNOR OF PARTIES TO A
CASE or PERSONS IN WHOSE BEHALF A CASE IS
PROSECUTED
4. The subject of the testimony is ANY MATTER OF FACT
ACCURING BEFORE THE DEATH OF SUCH DECEASED
PERSON or BEFORE SUCH PERSON BECAME OF
UNSOUND MIND.
 By reason of MARRIAGE, requisites: (MARITAL
DISQUALIFICATION RULE)
1. Testimony made during a valid marriage
2. The other spouse must be a party to a case
3. Testimony is for or against the other spouse without
consent of the affected spouse
4. The knowledge came before or during the marriage
o EXCEPTION:
1. Civil Cases by one against the other
2. Criminal Cases for crime committed against the
other spouse of the latter’s direct descendants or
ascendants
3. Estranged Spouse (relationship is already strained;
separated de facto for 6 months; preservation is no
longer an interest the state aims to protect;
ALVAREZ vs RAMIREZ)
 By reason of PRIVILEGE COMMUNICATION (a)[MARITAL
PRIVILEGE COMMUNICATION], requisites:
1. There must be a valid marriage
2. Communication received in confidence by one spouse
from another
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3. Confidential information was received during the
marriage.
 SUMMARY for HUSBAND and WIFE disqualifications:
KNOWLEDGE Testify: DURING AFTER MARRIAGE
came: MARRIAGE
Before marriage DQ 22 Q
During marriage DQ 22 DQ 24
o EXCEPTION: with consent of the spouse.
 By reason of PRIVILEGE COMMUNICATION (b), requisite:
(ATTORNEY-CLIENT PRIVILEGE) [ covers: attorney’s secretary,
stenenographer or clerk]
1. Communication is made by the client to the attorney or
the advice of the attorney given
2. Made in the course of, or with a view to, professional
employment
3. Communication is given in confidence
o Not cover future crime or fraud
o EXCEPTION: with consent of the client/
 By reason of PRIVILEGE COMMUNICATION (c), requisite:
(PHYSICIAN-PATIENT PRIVILEGE)
1. A person is AUTHORIZED to practice medicine, surgery
or obstetrics
2. Civil cases
3. The subject of examinatio is ANY ADVICE or TREATMENT
GIVEN by him or ANY INFORMATION ACQUIRED IN
ATTENDING SUCH PATIENT IN A PROFESSIONAL
CAPACITY, WHICH NECESSARY TO ENABLE HIM TO ACT
IN THAT CAPACITY and WHICH WOULD BLACKEN THE
REPUTATION OF THE PATIENT
o Physician can still testify as EXPERT WITNESS but must be
limited to the hypethetical questions of the counsel and
not relate the same to the case of his patient (LIM vs CA)
 By reason of PRIVILEGE COMMUNICATION (d), requisite:
(PRIEST/MINISTER-PENITENT PRIVILEGE)
4
 1. The subject is the confession made to or any advise  RES INTER ALIOS ACTIO ALTERI NOCERE NON DEBET, two types:
given by the PRIEST/MINISTER 1. The right of a party cannot be prejudice by an act,
2. The PRIEST/MINISTER is under his PROFESSIONAL declaration or ommission of another, except as herein
CHARACTER provided. (ADMISSION BY THIRD-PARTY)
3. In the course of discipline enjoined by the church to 2. Evidence that one did or did not do a certain thing at
which the priest/minister belongs. one time is not admissible to prove that he did or did
not do the same or similar thing at another time.
 By reason of PRIVILEGE COMMUNICATION (e), requisite: (SIMILAR ACTS AS EVIDENCE)
(PRIVILEGE COMMUNICATIONS TO PUBLIC OFFICERS)  ADMISSION BY THIRD-PARTY, exceptions:
1. Examination cannot be made during the term of office 1. Admission by agent, elements:
or afterwards a. The act/declaration of a partner/agent/joint
2. Comminication made to him in official confidence owners/joint debtors/other persons jointly
3. The court finds that the public interest will suffer by the interested with the party is within the scope of
disclosure. his authority
b. Made during the existence of the partnership or
 PARENTAL/ FILIAL PRIVILEGE agency (may be given even after the
o PARENTAL = parent cannot be compelled to testify against relationship)
his child or other direct descendants (grandkids) c. Shown by evidence other that the acts or
o FILIAL = a child cannot be compelled to testify against his declartion
parents or other direct ascendants 2. Admission by conspirator
 It can be waived (PEOPLE vs INVENCION) a. The act/declaration must be related to the
 Applies only to DIRECT ascendants or conspiracy
descendants. NOT APPLICABLE to step- b. Made during the existence of the conspiracy
parents/step-child (LEE vs CA) c. Shown by evidence other than the act or
declaration
 ADMISSIONS of a party = ACT, DECLARATION OR OMISSION of o Exceptions: iNTERLOCKING CONFESSION
a party as to a relevant fact may be given in evidence against & ADOPTED CONFESSION
him 3. Admission by privies
 Offer of Compromise in, their effects: a. The act/declaration was made by the
CIVIL CASES NOT admissible predecessor-in-interest
CRIMINAL CASES Admissible, except in quasi- b. The act/declaration was made by the
offenses or those allowed by predecessor while holding the title
law to be compromised c. The act/declaration is related to the property
PLEA of GUILTY withdrawn/ NOT admissible  ADMISSION by silence
unaccepted offer of plea of 1. Act or declaration was made in the presence or within
guilty to a lesser offense the hearing or observation of a party
Offer to pay expenses NOT admissible 2. Such party does or say nothing
occasioned by injury 3. Such act or declaration is such as naturally to call for
action or comment if not true
4. It is proper and possible for him (party) to do so

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  SIMILAR ACTS AS EVIDENCE  DYING DECLARATION, elements:
o GENERAL RULE: not admissible 1. Made under the consciousness of an impending death
o EXCEPTION: may be received to prove: (otherwise, it is still admissible but as PART OF GES
1. Intent GESTAE)
2. Knowledge 2. The subject of the inquiry of the case is the death
3. Identity 3. Declaration was regarding the cause and surrounding
4. Plan circumstances of the declarant’s death
5. System 4. Declarant is competent to testify had he survived
6. Scheme  DECLARATION against INTEREST, elements:
7. Habit 1. Declaration was made by person deceases or unable
8. Custom to testify
9. Usage 2. The fact asserted in the declaration was at the time it
 CONFESSION = declaration of an accused acknowledging his was made contrary to the declarant’s own interest
guilt of the offense charged or any offense included therein; 3. That a reasonable man in his position would not have
admissible against him made the declaration unless he believed it to be true
4. Used against himself, his successors in interest and 3rd
 Testimonial Knowledge = A witness can testify only to those persons
facts which he knows of his personal knowledge; that is, which
are derived from his own perception.  ACT OR DECLARATION about PEDIGREE
 HEARSAY RULE = evidence which a witness knows not of his o PEDIGREE includes:
personal knowledge is not admissible. Elements of Hearsay: 1. Relationship
1. There is an OUT-OF-COURT statement, whether 2. Family geneology
oral/written/conduct. 3. Marriage
2. The statement was repeated and offered by a witness 4. Birth
in court to PROVE THE TRUTH of the statements of the 5. Death
declarant. (otherwise, if not to prove the truth, it is an 6. Time or place where the facts occurred
INDEPENDENT RELEVANT STATEMENTS) 7. Names of relatives
 EXCEPTIONS to the HEARSAY RULE o Elements:
1. Dying Declaration 1. Act or declaration of a person deceased, or
2. Declaration against Interest unable to testify
3. Act or declaration about pedigree 2. In respect to the pedigree of another person
4. Family reputation or tradition regarding pedigree related to him by birth or marriage
5. Common Repution 3. Declaration/act occurred before the controversy
6. Part of Res Gestae 4. Relationship between the two person is shown by
7. Entries in the course of business evidence other than such act or declaration.
8. Entries in official records  FAMILY REPUTATION or TRADITION regarding PEDIGREE,
9. Commercial list elements:
10. Learned Treatise 1. The reputation or tradition existing in a family previous
11. Testimony or deposition at a former proceedings to the controversy
2. In respect to the pedigree of any one of its members

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 3. The witness testifying is also member of the famaily, by
consaguinity or affinity
o FAMILY BIBLES or other FAMILY BOOKS OR CHARTS,
ENGRAVINGS ON RINGS, FAMILY PORTRAITS and the like =
may be received as evidence,
 COMMON REPUTATION, elements:
1. Existing previous to the controversy
2. Respecting facts of public or general interest more
than 30 years old or respecting marriage or moral
character
o MONUMENTS & INSCRIPTION in public places may be
received as evidence of common reputation
 PART OF RES GESTAE, 2 kinds:
1. Spontaneous Act
a. There must be a starting occurence
b. Statements made by a person while a startling
occurrence is taking place or immediately prior
or subsequent thereto
c. Made before the declarant can contrive a
falsehood
d. Statements relate to the circumstances of the
starting occurrence.
2. Verbal Act
a. Statement accompanied the equivocal act
b. The principal act must be equivocal
c. It is material to the issue
d. Giving it legal significance
 ENTRIES in the COURSE OF BUSINESS, equisites:
1. Entries was made at, or near the time of the transaction
to which it refer
2. Entries was made by a person deceased or unable to
testify
3. Such person is in a position to know the facts stated
therein
4. Entries made in professional capacity or in the
performance of duty
5. Entries made in the ordinary or regular course of
business
 ENTRIES in OFFICIAL RECORDS, requisites:
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1. The entries in the official record was made by a public
officer or any person specially enjoined by law
2. Entries was made in the performance of their duty
3. The public officer or such person enjoined by law have
knowledge of the facts stated therein (how and from
whom the information was obtained?)
 COMMERCIAL LIST
1. Matters of interest to person engaged in an occupation
is contained in LIST, RECORD, PERIODICALS and OTHER
PUBLISHED COMPILATION
2. Tending to prove the truth of any relevant matter
stated therein
3. The compilation is published for the use of the person
engaged in that occupation
4. Generally used and relied upon by them
 LEARNED TREATISE
1. A PUBLISHED treatise, periodical or pamphlet on the
subject of HISTORY, LAW, SCIENCE, and ART
2. Tending to prove the truth stated therein
3. If the court take judicial notice OR a witness expert in
the subject testifies, that the writer of the statements in
the T/P/P is recognized in his profession or calling as
expert in the subject.
 TESTIMONY or DEPOSITION AT A FORMER PROCEEDINGS
1. Testimony or deposition of a witness deceased or
unable to testify
2. Given in a former case or proceeding (judicial or
administrative)
3. The case involve the same parties and same subject
matter
4. The adverse party had opportunity to cross-examine
him in the former proceedings
 OPINION RULE
o GENERAL RULE: opinion of a witness is not admissible.
o EXCEPTIONS:
1. Opinion of Expert Witness = opinion of a witnes
on a matter requiring SPECIAL KNOWLEDGE,
SKILL, EXPERIENCE, or TRAINING which he is
shown to possess.
2. ORDINARY WITNESS on his opinion regarding
7
 a. IDENTITY of a person about whom he has
adequate knowledge
b. HANDWRITING with which he has
sufficient familiarity
c. MENTAL SANITY of a person with whom
he is sufficiently acquianted
d. IMPRESSIONS of the EMOTION,
BEHAVIOR, CONDITION or APPEARANCE
OF A PERSON

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