Evidence

Atty. Edison James F. Pagalilauan

A. General principles
B. Concept of Evidence
C. Scope of the Rules on Evidence
D. Evidence in civil cases versus Evidence in criminal cases
E. Proof versus evidence
F. Factum probans versus factum probandum
G. Admissibility of Evidence
1. Requisites for Admissibility of Evidence
2. Relevance of evidence and collateral matters
3. Multiple admissibility
4. Conditional admissibility
5. Curative admissibility
H. Direct and circumstantial evidence
I. Positive and negative evidence
J. Competent and credible evidence
K. Burden of proof and burden of evidence
1. Presumptions
2. Conclusive presumption
3. Disputable presumption
L. Liable construction of the rules of evidence
M. Quantum of evidence (weight and sufficiency of evidence)
a. Proof beyond reasonable doubt
b. Preponderance of evidence
c. Substantial evidence
d. Clear and convincing evidence
N. Judicial notice and judicial admissions
1. What need not be proved
2. Matters of judicial notice
a. Mandatory
b. Discretionary
O. Judicial Admissions
a. Effect of judicial admissions
b. How judicial admissions may be contradicted
c. Judicial notice of foreign laws, law of nations and municipal ordinance
P. Object (real evidence)
1. Nature of object evidence
2. Requisites for admissibility
3. Categories of object evidence
4. Demonstrative evidence
5. View of an object or scene
Q. Documentary evidence
1. Meaning of Documentary evidence
2. Requisites for admissibility
3. Best Evidence Rule
a. Meaning of the rule
b. When applicable
c. Meaning of original document
d. Requisites for introduction of secondary evidence
R. Parol Evidence Rule
1. Application of the Parol Evidence Rule
2. When parol evidence can be introduced
 3. Distinction between the best evidence rule and the parole evidence rule
S. Authentication and proof of documents
1. Meaning of authentication
2. Public and private documents
3. When a private writing requires authentication; proof of private writing
4. When evidence of authenticity of a private writing is not required (ancient documents)
5. How to prove genuineness of a hand writing
6. Public documents as evidence; proof of official records
7. Attestation of a copy
8. Public record of public document
9. Proof of lack of record
10. How judicial record is impeached
11. Proof of notarial documents
12. How to explain alterations in a document
13. Documentary evidence in an unofficial language
T. Testimonial evidence
1. Qualifications of a witness
2. Competency versus credibility of a witness
3. Disqualification of witnesses
4. Disqualification by reason of mental capacity or immaturity
5. Disqualification by reason of marriage
6. Disqualification by reason of death or insanity of adverse party
U. Disqualification by reason of privileged communication
a. Husband and wife
b. Attorney and client
c. Physician and patient
d. Priest and penitent
e. Public officers
f. Parental and filial privilege rule
g. Examination of a witness
V. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
a. Scope and where applicable
b. Contents and Procedure
c. Application to criminal actions
d. Effect of non-compliance
e. Effect on other rules
W. Rights and obligation of a witness
X. Order of examination of an individual witness
a. Direct examination
b. Cross- examination
c. Re-direct examination
d. Re-cross examination
e. Recalling the witness
Y. Leading and misleading questions
Z. Methods of impeaching of adverse party’s witness
a. How the witness is impeached by evidence of inconsistent statements (laying the predicate)
7. Evidence of the good character of a witness
I. Admissions and confessions
1. Res inter alios acta Rule
2. Admission by a party
3. Admission by a third party
4. Admission by a co-partner or agent
5. Admission by a conspirator
6. Admission by privies
7. Admission by silence
8. Confessions
9. Similar acts as evidence
 Hearsay Rule
1. Meaning of hearsay
2. Reasons for exclusion of hearsay evidence
3. Exceptions to the hearsay rule
a. Dying declaration
b. Declaration against interest
c. Act or declaration about pedigree
d. Family reputation or tradition regarding pedigree
e. Common reputation
f. Part of res gestae
g. Entries in the course of business
h. Entries in the official records
i. Commercial lists and the like
j. Learned treaties
k. Testimony or deposition at a former trial
Opinion Rule
1. Opinion of expert witness
2. Opinion of ordinary witness
3. Character Evidence
a. Criminal cases
b. Civil cases
Offer and Objection
1. Offer of evidence
2. When to make an offer
3. Objection
4. Repetition of an Objection
5. Ruling
6. Striking out an Answer
7. Tender of Excluded Evidence