RULE 128 GENERAL PROVISIONS

QUANTUM OF EVIDENCE

Civil cases – preponderance of evidence

TAN, JR. V. HOSANA, G.R. NO. 190846, FEBRUARY 3, 2016
Issue: Is the bare testimony of petitioner (buyer) sufficient to establish the actual purchase price of the sale?
Issue: Can a deed of sale declared null and void by positive provision of the law be admitted as evidence to prove the amount of actual
consideration paid?
Issue: Is there a provision in the Rules of Evidence excluding the admissibility of a void document?

Administrative cases – substantial evidence

TOLENTINO V. MENDOZA, A.C. NO. 5151, OCTOBER 19, 2004
Issue: What is the quantum of evidence required in administrative proceedings like the disbarment of lawyers?
Issue: Are the duly certified copies of birth certificates of respondent’s daughters alleged to be illegally procured in violation of Rule 24,
Administrative Order No. 1 (s. 1993) admissible in evidence?

Labor cases – substantial evidence

RIÑO V. EMPLOYEES COMPENSATION COMMISSION, G.R. NO. 132558, MAY 9, 2000
Issue: What is the quantum of evidence required to claim an employee’s death benefits under the Labor Code if the cause of death is a sickness not
listed as occupational disease?

Criminal cases – proof beyond reasonable doubt

PEOPLE V. CARANGUIAN, G.R. NO. 124514, JULY 6, 2000
Issue: Was the identity of the accused as the perpetrator of the crime of murder established beyond reasonable doubt?
Issue: Is the testimony of a prosecution witness who testified what someone else told him as to the identity of the accused credible?
Issue: Can bare denials and alibi prevail over the positive identification of the accused as the gunman based on hearsay?

SEC. 3. ADMISSIBILITY OF EVIDENCE

ADMISSIBILITY/INADMISSIBILITY OF EVIDENCE UNDER LAWS /RULES/CONSTITUTION

Inadmissible –application of RA 1405

BSB GROUP, INC. V. GO, G.R. NO. 168644, FEBRUARY 16, 2010
Issue: Is the testimony of the bank’s representative on the particulars of respondent’s personal account violate the absolutely confidential nature of
bank deposits and, hence, excluded by operation of R.A. No. 1405 “Bank Secrecy Act of 1955”?
Issue: Is testimony of the bank’s representative and the checks purported to be stolen relevant in the prosecution of qualified theft “of money” case?
Issue: Is the prohibition against an examination of bank deposits precludes garnishment in satisfaction of a judgment?

Admissible – non-application of RA 4200

NAVARRO V. COURT OF APPEALS, G.R. NO. 121087, AUGUST 26, 1999
Issue: Is the tape recording of the heated exchange between the accused and the victim in the police station, a public communication, excluded by
operation of R.A. No. 4200 “Anti-Wiretapping Act”?
Issue: Is the testimony of a witness who has an interest in the conviction of the accused reliable?

Admissible – violation of RA 9165

PEOPLE V. DEL MONTE Y GAPAY, G.R. NO. 179940, APRIL 23, 2008
Issue: Is non-compliance with Section 21 of RA 9165 “Comprehensive Dangerous Drugs Act of 2002,” particularly the making of the inventory and
the photographing of the drugs confiscated and/or seized, render an accused’s arrest illegal or the items seized/confiscated from him inadmissible?
Issue: Is the accused’s defense of frame-up, unsubstantiated by any credible and convincing evidence, prevail against the positive testimonies of the
prosecution witnesses?
Issue: Can the police officers alleged violations of RA 9165 not raised before the trial court be instead raised for the first time on appeal?

Admissible – violation of Rules on Notarial Practice

DE JESUS V. SANCHEZ-MALIT, A.C. NO. 6470, JULY 8, 2014
Issue: Are the additional documentary evidence (notarized documents) allegedly obtained in violation of Sec. 4, Rule VI of the 2004 Rules on
Notarial Practice admissible in an administrative case for disbarment?

Inadmissible –violation of ilegal search and seizure under Constitution

PEOPLE V. SAMONTAÑEZ, G.R. NO. 134530, DECEMBER 4, 2000
Issue: Are the personal belongings of the victim recovered by the police authorities inside the bag of the accused after illegally obtaining a
confession from him admissible in evidence?

Expert testimony
PEOPLE V. GALLENO, G.R. NO. 123546, JULY 2, 1998
Issue: Should the expert witnesses’ testimony enumerating various possible causes of the victim’s laceration be given weight on rape cases?
Issue: Is the judge allowed to participate in the cross-examination of accused?
RULE 129 WHAT NEED NOT BE PROVED

No judicial notice-practice
SPOUSES LATIP V. CHUA, G.R. NO. 177809, OCTOBER 16, 2009
Issue: Should the court take judicial notice of the alleged practice of prospective lessees in the Baclaran area to pay goodwill money to their lessor?
Issue: Is the mere personal knowledge of the judge judicial notice?

No judicial notice-copyright
JUAN VS. JUAN, G.R. NO. 22173, AUGUST 23, 2017
Issue: May the lower court take judicial notice of the fact that the song entitled "Lavandera Ko" is protected by a copyright based merely on an
internet arictle to dismiss the claim of both the parties?
SEC. 1. MANDATORY JUDICIAL NOTICE

Acts of judicial department

SIENA REALTY CORP. V. GAL-LANG, G.R. NO. 145169, MAY 13, 2004
Issue: Should the court take mandatory judicial notice of A.M. Matter No. 00-02-03 SC “60-days fresh period rule“ amending Section 4 Rule 65?
PELTAN DEVELOPMENT, INC. V. COURT OF APPEALS, G.R. NO. 117029, MARCH 19, 1997
Issue: Should the lower court take mandatory judicial notice of the Supreme Court decision in Margolles vs. CA upholding the validity of petitioner’s
OCT?

Act of legislative department

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES V. DENR REGION 12 EMPLOYEES, G.R. NO.
149724, AUGUST 19, 2003
Issue: Should the court take mandatory judicial notice of R.A. No. 6734, as implemented by E.O. No. 429, providing for the President’s power to
reorganize the Executive Department?

Geographical divisions
B.E. SAN DIEGO, INC. V. COURT OF APPEALS, G.R. NO. 159230, OCTOBER 18, 2010
Issue: Should the court take mandatory judicial notice of the fact that Barrio Catmon is the part of Barrio Tinajeros, both geographical divisions within
a political unit of Malabon?
Issue: Is an allegation of res judicata in a pending case (accion publiciana) constitute an admission that the subject matter thereof is the same as
that in a previous case (ejectment)?
PEOPLE V. DOCUMENTO, G.R. NO. 188706 (RESOLUTION), MARCH 17, 2010
Issue: Should the court take judicial notice of the fact that Barangay Antongalon and Ochoa Avenue are both in Butuan City?
PEOPLE V. SEVILLENO Y VILLANUEVA, G.R. NO. 129058, MARCH 29, 1999
Issue: Should the court take mandatory judicial notice of the fact that Sitio Guindali-an is within the territorial jurisidction of RTC-San Carlos City
despite the failure of the witness to specificy what municipality or city the Sitio was part of?

Biological make-up of a person

ATIENZA V. BOARD OF MEDICINE, G.R. NO. 177407, FEBRUARY 9, 2011
Issue: Can the respondent Board take judicial notice and admit the evidence presented by complainant that her kidneys before, and at the time of,
her operation were in their proper anatomical locations?
Issue: Are the rules of evidence applicable to proceedings before administrative bodies such as the Board of Medicine?

SEC. 2. DISCRETIONARY JUDICIAL NOTICE

Value of stolen godos-diesel fuel

CANDELARIA V. PEOPLE, G.R. NO. 209386, DECEMBER 8, 2014
Issue: May the court take discretionary judicial notice of the value of the stolen diesel fuel at the time of the commission of the crime of qualified
theft?
Issue: May circumstantial evidence be a suuficient basis for the conviction of an accused?
Issue: May unexplained flight be considered as evidence of guilt in proper cases?

Metes and boundaries of lot

HABAGAT GRILL V. DMC-URBAN PROPERTY DEVELOPER INC., G.R. NO. 155110, MARCH 31, 2005
Issue: Can the lower court take judicial notice of the metes and bounds of the property covered by Presidential Proclamation No. 20?
Issue: May the testimony of only one witness sufficient to establish a claim in a civil case?
Issue: Is the witness‘ relationship as an employee of respondent determinative of the probative worth of his testimony?
SEC. 3. JUDICIAL NOTICE, WHEN HEARING NECESSARY
Minority of rape victim in qualified rape cases
PEOPLE V. TUNDAG, G.R. NOS. 135695-96, OCTOBER 12, 2000
Issue: May the court take judicial notice of the rape victim’s minority (13 y/o) in the absence of birth certificate and despite the defense counsel’s
admission thereof?
Issue: What is the single most important issue in a prosecution for rape?
Issue: Will the rape victim’s psychological problems and low IQ affect the credibility of her testimony?
Issue: In rape cases, are there established facts of judicial notice?
PEOPLE V. LIBAN, G.R. NOS. 136247 & 138330, NOVEMBER 22, 2000
Issue: May the court take judicial notice of the victim’s age (10 y/o) at the time of the commission of rape based on her bare testimony?

SEC. 4. JUDICIAL ADMISSIONS

JUDICIAL ADMISSIONS –

Admissible JA-in reply-in-intervention

ALFELOR V. HALASAN, G.R. NO. 165987, MARCH 31, 2006
Issue: Is the statement in the Reply-in-Intervention of the 2nd wife, admitting knowledge of her deceased husband’s first marriage, constitute a judicial
admission of such fact?

Admissible JA-stipulation of facts

TAN V. PEOPLE, G.R. NO. 218902, OCTOBER 17, 2016
Issue: Is the Joint Stipulation of Facts entered and signed by the parties and their counsels constitute a judicial admission of facts stipulated?
Issue: What is the legal effect of the notarization of a private document?
EASTERN SHIPPING LINES, INC. V. BPI/MS INSURANCE CORP., G.R. NO. 182864, JANUARY 12, 2015
Issue: Is the admission by the petitioner of the existence and due execution of the Bills of Lading and Invoice of shipment during the pre-trial
constitute judicial admission?
CONSTANTINO V. HEIRS OF CONSTANTINO, JR., G.R. NO. 181508, OCTOBER 2, 2013
Issue: Are the stipulations and admissions of parties as to the ownership of the lot during the pre-trial conference constitute as judicial admissions
binding them in the trial?

Inadmissible JA-taken out of context

ATILLO III V. COURT OF APPEALS, G.R. NO. 119053 (RESOLUTION), JANUARY 23, 1997
Issue: Is respondent’s admission in her Answer, recounting on how she was persuaded to invest in the corporation, a judicial admission of her
personal liability for the corporations corporate debts to the petitioner?
Issue: May an admission made in a party’s pleading be override by such party?

EXTRA-JUDICIAL ADMISSION

Inadmissible EJA
PEOPLE V. CASTILLO Y LUMAYRO, G.R. NOS. 131592-93, FEBRUARY 15, 2000
Issue: Is the accused’s admission that he had no license for the gun recovered from his possession during his arrest constitute a judicial admission?
Issue: In the prosecution for illegal possession of unlicensed gun, who has the burden to prove the lack of a license or permit?

RULE 130 RULES OF ADMISSIBILITY

A. OBJECT (REAL EVIDENCE) SEC. 1. OBJECT AS EVIDENCE

Admissible – physical appearance of person

PEOPLE V. RULLEPA Y GUINTO, G.R. NO. 131516, MARCH 5, 2003
Issue: In rape cases, may a person‘s physical appearance be admissible as object evidence in determining his or her age?
Issue: In qualified rape cases, may the courts take judicial notice of the appearance of the victim in determining her age?
Issue: Is the accused’s suggestion that the 3-year victim merely imagined the things of which he is accused getting the idea from television programs
proper?

Admissible – bank teller’s tape

BANK OF THE PHILIPPINE ISLANDS V. REYES, G.R. NO. 157177, FEBRUARY 11, 2008
Issue: May the petitioner’s teller’s tape be admitted as an object evidence to disprove respondent’s claim that she made an additional 100K cash
desposit?
Issue: The degree of evidence required by law to prove an affirmative allegation by a party?

Immaterial in rape cases–sperm or physical trauma as object evidence

RICALDE V. PEOPLE, G.R. NO. 211002, JANUARY 21, 2015
Issue: Is the medico-legal’s finding of absence of physical signs of recent trauma or any trace of spermatozoa in the 10 y/o boy’s anal orifice negate
the possibility of homosexual rape?
Issue: May a 10-y/o boy be a credible child witness in rape cases?
Issue: What is the character of expert testimony in rape cases?
SEC. 2. DOCUMENTARY EVIDENCE
1. BEST EVIDENCE RULE - SEC. 3. ORIGINAL DOCUMENT MUST BE PRODUCED

APPLICATION OF BER –

PEOPLE V. CASINGAL, G.R. NO. 132214, AUGUST 1, 2000

Issue: Is the photocopy of the certification issued by PNP Firearms and Explosives Unit stating that the accused was not a licensed holder of any
kind of firearm admissible under the Best Evidence Rule?
Issue: In the absence of direct evidence from the eyewitness, is the positive identification of the accused still possible?
Issue: Is the presence or absence of improper motive on the part of the witness affects his testimony?
PEOPLE V. MANTIS, G.R. NOS. 150613-14, [JUNE 29, 2004
Issue: In qualified rape cases, may the court admit mere photocopy of the Certificate of Live Birth in absence of any showing that the original thereof
was lost, destroyed or unavailable to prove the minority of the child victim?
Issue: Degree of proof required to prove consensual sexual congress as an affirmative defense in rape cases?

EXCEPTIONS TO BER -

Exception-original in custody of accused

BAYANI MAGDAYAO V. PEOPLE, G.R. NO. 152881, AUGUST 17, 2004
Issue: May the photocopy of the dishonored check be admitted if the original copy thereof is in the custody of accused who failed to produce the
same?

Exception-original is a public record

PEOPLE V. CAYABYAB, G.R. NO. 167147, AUGUST 3, 2005
Issue: In qualified rape cases, may the court admit mere photocopy of the Certificate of Live Birth, the contents of which are admitted by the
accused, to prove the minority of a 6 y/o child victim?

Exception-waiver or failure to object

LORENZANA V. LELINA, G.R. NO. 187850, AUGUST 17, 2016
Issue: May the court admit the photocopy of the Deed of Absolute Sale if objection thereof on the ground of inadmissibility under the Best Evidence
Rule was belatedly raised by petitioner?
Issue: What is the burden of evidence on the part of the defendant if the plaintiff in a civil case makes out a prima facie case in his favor?

NON-APPLICATION OF BER -

Non-application-mandatory judicial notice

ATIENZA V. BOARD OF MEDICINE, G.R. NO. 177407, FEBRUARY 9, 2011
Issue: Can the respondent Board take judicial notice and admit the evidence presented by complainant that her kidneys before, and at the time of,
her operation were in their proper anatomical locations?
Issue: Are the rules of evidence applicable to proceedings before administrative bodies such as the Board of Medicine?

Non-application-failure to specifically deny under oath or judicial admission

CONSOLIDATED BANK AND TRUST CORP. V. DEL MONTE MOTOR WORKS INC., G.R. NO. 143338, JULY 29,
2005
Issue: May the duplicate original of the promissory note de admitted in the absence of the original under the Best Evidence Rule?
Issue: May the presentation of the original promissory note be dispensed with in the event that respondent failed to specifically deny under oath the
genuineness and due execution of an actionable document?
Issue: The degree of proof required to sustain a charge of partiality and prejudice brought against a judge?

Non-application-no dispute as to or admission of contents

MANILA MINING CORPORATION V. TAN, G.R. NO. 171702, FEBRUARY 12, 2009
Issue: Does Best Evidence Rule operate to exclude the admission of the authenticated photocopies of the invoices and purchase orders when
petitioner does not deny the contents thereof?
JOSEF V. PEOPLE, G.R. NO. 146424, NOVEMBER 18, 2005
Issue: May the photocopies of the dishonored checks be admitted if the petitioner admitted that they are faithful reproductions of the original checks
some of which were lost in his possession?
Issue: In the prosecution of BP 22 cases is the allegation of good faith on the part of the petitioner may be considered as evidence that no malice or
bad faith attended such issuance?
NISSAN NORTH EDSA V. UNITED PHILIPPINE SCOUT VETERANS DETECTIVE AND PROTECTIVE AGENCY,
G.R. NO. 179470, APRIL 20, 2010
Issue: Is the Best Evidence Rule applicable where both parties rely on the contents of their service contract and do not dispute the contents thereof?
MARQUEZ V. ESPEJO, G.R. NO. 168387, AUGUST 25, 2010
Issue: Is the Best Evidence Rule applicable where the only issue is whether the admitted contents of the Deed of Sale and VLTs express the true
intention of the parties?
Issue: Is the Parol Evidence Rule applicable to respondents who are not parties to the VLTs?
Issue: When is a question involving the admissibility of evidence a legal question within the SC’s authority to review?
Non-application-issue as to execution or existence of document & no issue as to contents
HEIRS OF PRODON V. HEIRS OF ALVAREZ, G.R. NO. 170604, SEPTEMBER 2, 2013
Issue: In an action for quieting of title based on a the inexistence of a Deed of Sale with Right to Repurchase, is it necessary that the original copy
thereof be produced?
ARCEO, JR. V. PEOPLE, G.R. NO. 142641, JULY 17, 2006
Issue: In the prosecution of BP 22 cases, where the subject of the inquiry is the fact of the issuance or execution of a worthless check is the Best
Evidence Rule applicable?

RULE ON ELECTRONIC EVIDENCE, A.M. NO. 01-7-01-SC, AUGUST 1, 2001 AND EXPANSION OF THE
COVERAGE OF THE RULES ON ELECTRONIC EVIDENCE, SEPTEMBER 24, 2002
REPUBLIC ACT NO. 8792, ELECTRONIC COMMERCE ACT
IMPLEMENTING RULES AND REGULATIONS OF THE E-COMMERCE ACT, JULY 13, 2000
GARCILLANO V. HOUSE OF REPRESENTATIVES COMMITTEES ON PUBLIC INFORMATION, G.R. NO. 170338,
179275, DECEMBER 23, 2008
Issue: Does the provisions of RA 8792 allow the Senate to validly published the Senate Rules of Procedure Governing Inquiries in Aid of Legislation
through the internet?

PEOPLE V. ENOJAS Y HINGPIT, G.R. NO. 204894, MARCH 10, 2014

Issue: Are text messages admissible in evidence?

MALIKSI V. COMMISSION ON ELECTIONS, G.R. NO. 203302, MARCH 12, 2013

Issue: Are the ballot images in the CF cards mere secondary evidence that should only be used when the physical ballots are not available?

BARTOLOME V. MARANAN, A.M. NO. P-11-2979, NOVEMBER 18, 2014

Issue: Are respondent’s text messages sent to petitioner admissible in evidence against the former?

MCC INDUSTIAL SALES CORP. V. SSANGYONG CORP., G.R. NO. 170633, OCTOBER 17, 2007
Issue: Can fax transmissions be considered as electronic document?
Issue: Can fax transmissions be considered as a functional equivalent of an original under the Best Evidence Rule?
Issue: Are the Pro Forma Invoices which are mere photocopies of the original fax transmittals considered as electronic evidence?
Issue: May the Pro Forma Invoices which are mere photocopies of the original fax transmittals be admitted as secondary evidence?

GARVIDA V. SALES, JR., G.R. NO. 124893, APRIL 18, 1997

Issue: May respondent’s pleading be filed with the COMELEC through a facsimile transmission?

NATIONAL POWER CORPORATION V. CODILLA, JR., G.R. NO. 170491, APRIL 3, 2007
Issue: May the photocopies of the documents offered by petitioner be admitted on the claim that "such photocopies are equivalent to the original of
the document" on the basis of the Electronic Evidence?
Issue: Is the submission of the mere photocopies of the documents violate the Best Evidence Rule?

SEC. 4. ORIGINAL OF DOCUMENT

BANK OF THE PHILIPPINE ISLANDS V. SMP, INC., G.R. NO. 175466 (RESOLUTION), DECEMBER 23, 2009
Issue: Is the provisional receipt presented by SMP deemed as an original considering that the triplicate copy of the receipt was executed at the same
time as the other copies of the same receipt involving the same transaction?

CAPITAL SHOES FACTORY, LTD. V. TRAVELER KIDS, INC., G.R. NO. 200065, SEPTEMBER 24, 2014
Issue: May the invoices and order slips, duplicate originals, be admitted in evidence?

2. SECONDARY EVIDENCE
SEC. 5. WHEN ORIGINAL DOCUMENT IS UNAVAILABLE
DANTIS V. MAGHINANG, JR., G.R. NO. 191696, APRIL 10, 2013
Issue: Whether or not the photocopy of undated handwritten receipt admissible as secondary evidence?
COUNTRY BANKERS INSURANCE CORP. V. LAGMAN, G.R. NO. 165487, JULY 13, 2011
Issue: Whether a photocopy of a document is admissible as secondary evidence?

REPUBLIC V. SPOUSES MATEO, G.R. NO. 148025, AUGUST 13, 2004

Issue: Whether a photocopy of TCT is admissible as secondary evidence in the reconstitution of title.

CITIBANK V. TEODORO, G.R. NO. 150905, SEPTEMBER 23, 2003

Issue: Whether the photocopies of the sales invoices or charge slips marked during trial as Exhibits F to F-4 are admissible as secondary evidence?

SEC. 6. WHEN ORIGINAL DOCUMENT IS IN ADVERSE PARTY’S CUSTODY OR CONTROL

BAYANI MAGDAYAO V. PEOPLE, G.R. NO. 152881, AUGUST 17, 2004
Issue: Whether the photocopy of the check is admissible as evidence.
SEC. 7. EVIDENCE ADMISSIBLE WHEN THE ORIGINAL DOCUMENT IS A PUBLIC RECORD
REPUBLIC V. DEVELOPMENT RESOURCES CORP., G.R. NO. 180218, DECEMBER 18, 2009
Issue: Whether the Land classification (LC) Map 47, an electronic reproduction, has probative value.

BUNAGAN-BANSIG V. CELERA, A.C. NO. 5581, JANUARY 14, 2014

Issue: Whether the certified Xerox copy of the Marriage Certificate is admissible as evidence.

SAAD AGRO-INDUSTRIES, INC. V. REPUBLIC, G.R. NO. 152570, SEPTEMBER 27, 2006
Issue: Whether or not the LC Map is admissible in evidence even without an official publication or by a copy attested by the officer having legal
custody of the record.

CABUGAO Y SISON V. PEOPLE, G.R. NO. 158033, JULY 30, 2004

Issue: Whether the authenticated copy of the Order of Police Chief Superintendent showing that SPO2 Domingo was found guilty of grave
misconduct for acts of lasciviousness and ordered dismissed from service and certified true copy of the Resolution of Police Senior Inspector
showing that SPO1 Rolando Lomibao was convicted of grave misconduct are admissible evidence.
Issue: Whether the demotion and dismissal from service of the policemen are relevant material?

SEC. 8. PARTY WHO CALLS FOR DOCUMENT NOT BOUND TO OFFER IT

RULE 27, RULES OF COURT

3. PAROL EVIDENCE RULE

SEC. 9. EVIDENCE OF WRITTEN AGREEMENTS

PILIPINAS BANK V. COURT OF APPEALS, G.R. NO. 141060, SEPTEMBER 29, 2000
Issue: Whether or not Tubianosa should be recalled to testify on the negotiations pertaining to the terms and conditions of the insurance policy
before its issuance.

EAGLERIDGE DEVELOPMENT CORP. V. CAMERON GRANVILLE 3 ASSET MANAGEMENT, INC., G.R. NO.
204700 (RESOLUTION), NOVEMBER 24, 2014
Issue: Whether or not the production of the Loan Sale and Purchase Agreement (LSPA) will violate the parol evidence rule.

MANILA ELECTRIC CO. V. HEIRS OF SPOUSES DELOY, G.R. NO. 192893, JUNE 5, 2013
Issue: Whether or not evidence aliunde, such as the letters of petitioner’s assistant vice president and head of legal department and the internal
memorandum can prevail over the deed of absolute sale.
Issue: Whether or not the parol evidence rule is applicable?

SPOUSES PARAS V. KIMWA CONSTRUCTION AND DEVELOPMENT CORP., G.R. NO. 171601, APRIL 8, 2015
Issue: Whether or not the parol evidence rule is applicable as to allow the special permit to be admissible in evidence.

MARQUEZ V. ESPEJO, G.R. NO. 168387, AUGUST 25, 2010

Issue: Whether or not the parol evidence rule is applicable to respondent’s who are not parties to the contract.

SPOUSES AMONCIO V. BENEDICTO, G.R. NO. 171707, JULY 28, 2008

Issue: May parol evidence rule be waived? If yes, how?

SPOUSES TRINIDAD V. IMSON, G.R. NO. 197728, SEPTEMBER 16, 2015

Issue: Whether the Deed of Transfer and Assignment of Rights and Deed of Absolute Sale embodied the true intention of the parties.

LEIGHTON CONTRACTORS PHILIPPINES, INC. V. CNP INDUSTRIES, INC., G.R. NO. 160972, MARCH 9, 2010
Issue: WON the additional costs for the roof ridge ventilation and crane beams was included in the fixed lump-sum contract in order to apply the
parol evidence rule.

ROSARIO TEXTILE MILLS CORP. V. HOME BANKERS SAVINGS AND TRUST CO., G.R. NO. 137232, JUNE 29,
2005
Issue: WON the suretyship agreement signed by Yujuico does not bind him, the same being a mere formality.
4. INTERPRETATION OF DOCUMENTS
ART. 788-794, CIVIL CODE - ART. 1370-1379, CIVIL CODE

SEC. 10. INTERPRETATION OF A WRITING ACCORDING TO ITS LEGAL MEANING

SEC. 11. INSTRUMENT CONSTRUED SO AS TO GIVE EFFECT TO ALL PROVISIONS

HOME DEVELOPMENT MUTUAL FUND V. COURT OF APPEALS, G.R. NO. 118972, APRIL 3, 1998
Issue: Whether or not upon the expiration of an agreement, a clause which provides a 30-day notice can be disregarded?

BPI-FAMILY SAVINGS BANK, INC. V. SPOUSES DOMINGO, G.R. NO. 158676, NOVEMBER 27, 2006
Issue: Whether or not the consent of the lessor is needed in subleasing the property.

DEVELOPMENT BANK OF THE PHILS. V. COURT OF APPEALS, G.R. NO. 137557, OCTOBER 30, 2000
Issue: How much is the subsequent amortization?
Issue: Whether or not interests can be charged in addition to the 18% annual interest.

DE MESA V. COURT OF APPEALS, G.R. NOS. 106467-68, OCTOBER 19, 1999

Issue: Whether or not the Deed of Sale with Assumption of Mortgage provided for the sale merely of the right of redemption.

MULTINATIONAL VILLAGE HOMEOWNERS ASSOCIATION INC. V. ARA SECURITY & SURVEILLANCE

AGENCY, G.R. NO. 154852, OCTOBER 21, 2004
Issue: Whether or not the pre-termination of the contract by the petitioner was valid.

SEC. 12. INTERPRETATION ACCORDING TO INTENTION; GENERAL AND PARTICULAR PROVISIONS

CAÑEDO V. KAMPILAN SECURITY AND DETECTIVE AGENCY, INC., G.R. NO. 179326, JULY 31, 2013
Issue: Whether the use of the word “terminated” in the certification imply that the petitioner was dismissed from service.

SEC. 13. INTERPRETATION ACCORDING TO CIRCUMSTANCE

SEC. 14. PECULIAR SIGNIFICATION OF TERMS

MORENO, JR. V. PRIVATE MANAGEMENT OFFICE, G.R. NO. 159373, NOVEMBER 16, 2006
Issue: Should the term “suggested indicative price” be taken in its ordinary and usual acceptation and should be taken to mean as a price which is
“indicated” or “specified”, which if accepted, gives rise to a meeting of minds?

JIMENEZ V. REYES, G.R. NO. 8227, MARCH 9, 1914

Issue: Is the statement libelous?

SECURITY BANK CORP. V. COURT OF APPEALS, G.R. NO. 141733, FEBRUARY 8, 2007
Issue: Whether or not petitioner‘s right to recover from the security agency is condition upon the final judgment of court?

ENRIQUEZ V. A. S. WATSON & CO. LTD., G.R. NO. 7180, MARCH 30, 1912
Issue: Whether or not the removal of a wall constitutes a breach of lease agreement.

SEC. 15. WRITTEN WORDS CONTROL PRINTED

JARQUE V. SMITH, BELL & CO., LTD., G.R. NO. 32986, NOVEMBER 11, 1930]
Issue: Whether or not the lower court erred in disregarding the typewritten clause endorsed upon the policy, expressly limiting insurer's liability
against absolute total loss of the vessel only and to proportionate salvage charges.

DE LOS SANTOS V. VIBAR, G.R. NO. 150931, JULY 16, 2008

Held: It is axiomatic that the written word “guarantor” prevails over the typewritten word “witness.” In case of conflict, the written word prevails over
the printed word.

SEC. 16. EXPERTS AND INTERPRETERS TO BE USED IN EXPLAINING CERTAIN WRITINGS

SEC. 17. OF TWO CONSTRUCTIONS, WHICH PREFERRED

HORRIGAN V. TROIKA COMMERCIAL INC., G.R. NO. 148411, NOVEMBER 29, 2005
Issue: Whether or not the yearly increase equivalent to 10% apply to both the original monthly rental of P12,500.00 under sub-paragraph 2.1 and the
P4,500.00 additional rental under sub-paragraph 2.2.
ASTURIAS SUGAR CENTRAL, INC. V. PURE CANE MOLASSES CO., G.R. NO. 36026A, NOVEMBER 16, 1932
Issue: Whether or not the plaintiff has the right to cancel the contract.

ENRIQUEZ V. A. S. WATSON & CO. LTD., G.R. NO. 7180, MARCH 30, 1912
Issue: Whether or not the removal of a wall constitutes a breach of lease agreement.

SEC. 18. CONSTRUCTION IN FAVOR OF NATURAL RIGHT

SEC. 19. INTERPRETATION ACCORDING TO USAGE

C. TESTIMONIAL EVIDENCE

1. QUALIFICATION OF WITNESSES

SEC. 20. WITNESSES; THEIR QUALIFICATIONS

In general qualified
ARMED FORCES OF THE PHILIPPINES RETIREMENT AND SEPARATION BENEFITS SYSTEM V. REPUBLIC,
G.R. NO. 188956, MARCH 20, 2013
Issue: Should a witness be authorized by the Board of Trustees of the petitioner to appear for and in its behalf?

Witness charged with criminal offenses qualified

PEOPLE V. UMALI Y AMADO, G.R. NO. 84450, FEBRUARY 4, 1991
Issue: Is a witness facing several criminal charges disqualified from testifying in court?
PEOPLE V. DE LEON, G.R. NO. 115367, SEPTEMBER 28, 1995
Issue: May a witness who is also accused of killing another person be a credible witness in a murder case?

Witness convicted with criminal offense qualified

PEOPLE V. DOMINGUEZ, G.R. NO. 100199, JANUARY 18, 1993
Issue: Is a witness convicted of murder which is a crime involving moral turpitude a credible witness?
Issue: Does the delay of 4 months on the part of the witness in informing the authorities of what he knows about the crime affect his credibility?

Deaf-mute witness qualified

PEOPLE V. ALEMAN Y LONGHAS, G.R. NO. 181539, JULY 24, 2013
Issue: May a 14-year old deaf-mute be qualified as a witness?
PEOPLE V. TUANGCO, G.R. NO. 130331, NOVEMBER 22, 2000
Issue: May a deaf-mute who had no formal schooling in a school for special persons like him and whose interpreter was not the one who taught him
be competent as a witness?

Deaf-mute witness not qualified

PEOPLE V. BUSTOS, G.R. NO. 27200, JANUARY 20, 1928
Issue: Is the testimony of a deaf-mute who had never been a pupil of the interpreter, nor had frequent contact with the interpreter admissible in
evidence?

Mental retardate witness qualified

PEOPLE V. GERONES, G.R. NO. 91116, JANUARY 24, 1991
Issue: May the testimony of a 22-yr old mental retardate who had the mental capacity of a 10-yr old child claiming that she had been raped be
admitted?
PEOPLE V. HAMTO Y CODERAS, G.R. NO. 128137, AUGUST 2, 2001
Issue: May the testimony of a 24-yr old mental retardate who had the mental capacity of a 7-yr old and an IQ level of 35-42 be admitted?

Insane witness qualified

PEOPLE V. DEAUNA, G.R. NOS. 143200-01, AUGUST 1, 2002
Issue: Is the testimony of a witness who was sane when she testified but was later declared insane after her testimony inadmissible in evidence?

Mental Immaturity - child witness qualified

PEOPLE V. ACBANGIN, G.R. NO. 117216, AUGUST 9, 2000
Issue: Is the testimony of a 4-yr old girl identifying her kidnapper be admitted in evidence?
PEOPLE V. MENDOZA, G.R. NO. 113791, FEBRUARY 22, 1996
Issue: Is the testimony of a boy who was almost 5 years old at the time of the incident be admitted in evidence?
PEOPLE V. GALAS, G.R. NO. 114007, SEPTEMBER 24, 1996
Issue: Is the relationship with the decease a ground for disqualification of a witness?
RULE ON EXAMINATION OF A CHILD WITNESS, A.M. NO. 004-07-SC, DECEMBER 15, 2000
Child witness qualified
PEOPLE V. ESUGON Y AVILA, G.R. NO. 195244, JUNE 22, 2015
Issue: May the testimony of the 5-year old son of the victim positively identifying the attacker of his mother be credible and competent?
PEOPLE V. IBAÑEZ Y ALBANTE, G.R. NO. 197813, SEPTEMBER 25, 2013
Issue: Is the testimony of the 10-year old daughter of the victim who only finished grade 1 and could barely read and tell time be competent and
credible?
PEOPLE V. RAMA, G.R. NO. 136304, JANUARY 25, 2001
Issue: Is the testimony of a 5-year old child positively identifying her cousin’s kidnapper be competent and credible?

SEC. 21. DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY

Mental Immaturity - child witness qualified

DULLA V. COURT OF APPEALS, G.R. NO. 123164, FEBRUARY 18, 2000
Issue: Is the testimony of 3-year old girl identifying her molester be given credence?

Mental retardate – child witness qualified

PEOPLE V. OBOGNE, G.R. NO. 199740 (RESOLUTION), MARCH 24, 2014
Issue: Does the testimony of a 12-year old mental retardate against the person who raped her be given credence?
PEOPLE V. GOLIMLIM, G.R. NO. 145225, APRIL 2, 2004
Issue: May the testimony of a rape victim who is a mental retardate with an IQ level of 46 idetifying her molester be given weight and credence?

Mental retardate witness qualified

PEOPLE V. MACEDA, G.R. NO. 138805, FEBRUARY 28, 2001
Issue: May the testimony of a 32-year old rape victim who is a mental retardate identifying her molester be admitted inevidence?

Mental retardate witness with hearing impairment qualified

PEOPLE V. LAGARTO Y PETILLA, G.R. NOS. 118828 & 119371, FEBRUARY 29, 2000
Issue: May a witness who has mental retardation resulting from her being deaf since birth be competent to testify?

SEC. 22. DISQUALIFICATION BY REASON OF MARRIAGE

Exception to MDR– estranged spouses

ALVAREZ V. RAMIREZ, G.R. NO. 143439, OCTOBER 14, 2005
Issue: May a wife testify against her estranged husband (with whom she was separated in fact for 6 months) accused of setting fire to the house
where his wife is currently living in?

Exception to MDR–waiver or failure to object

PEOPLE V. PASENSOY, G.R. NO. 140634, SEPTEMBER 12, 2002
Issue: May the wife testify against her husband in the murder of her paramour?

Application of MDR–husband accused & Non-application of MDR –other co-accused

PEOPLE V. QUIDATO, JR., G.R. NO. 117401, OCTOBER 1, 1998
Issue: May the wife of an accused testify against the latter’s co-accused?

SEC. 23. DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY

Application of DMS – presence of all elements

TAN V. COURT OF APPEALS, G.R. NO. 125861, SEPTEMBER 9, 1998
Issue: May the private respondent rely on parol evidence in alleging the existence of a sale between him and his brother who is now dead?
GARCIA V. VDA. DE CAPARAS, G.R. NO. 180843, APRIL 17, 2013
Issue: May a mere verbal declaration to prove the existence of a lease agreement lie against the deceased?
BABAO V. PEREZ, G.R. NO. L-8334, DECEMBER 28, 1957
Issue: May the testimony of the claimant in an action for recovery of a parcel of land alleging an oral agreement between him and the deceased be
admitted claiming that there was fraud in the subsequent sale of the property it being violative of the oral agreement?

1st requisite plaintiff – Non-application of DMS

SANSON V. COURT OF APPEALS, G.R. NO. 127745, APRIL 22, 2003
Issue: Is a third party to the claim prohibited to testify under the Dead Man’s Statute?
Issue: May a claim supported by checks be filed against the estate of a deceased person?
SUNGA-CHAN V. CHUA, G.R. NO. 143340, AUGUST 15, 2001
Issue: May the respondent testify as to the alleged verbal agreement of partnership between him and the deceased when a counterclaim is filed by
the heirs of the deceased against the respondent?
Issue: Is the testimony of the sister of the wife of respondent inadmissible because she is allegedly an alter ego of the respondent thus, an assignor
of a party in a case?
FITZSIMMONS V. ATLANTIC, GULF & PACIFIC CO. OF MANILA, G.R. NO. L-2016, AUGUST 23, 1949
Issue: Are the officers of a corporation which is a party to an action against an executor or administrator of a deceased person disqualified from
testifying as to any matter of fact occurring before the death of such deceased person?

1st requisite plaintiff –- application of DMS

HKO AH PAO V. TING, G.R. NO. 153476, SEPTEMBER 27, 2006
Issue: May the testimony of the accountant of the deceased about the alleged declaration of the deceased be admissible in evidence.

2nd requisite defendant – Non-application of DMS

INTESTATE ESTATE OF TONGCO V. VIANZON, G.R. NO. 27498, SEPTEMBER 20, 1927
Issue: May the wife of the deceased testify in an action for recovery of property filed by the administratix of the estate of the deceased?
LONDRES V. COURT OF APPEALS, G.R. NO. 136427, DECEMBER 17, 2002
Issue: Can a witness testify as to why an alteration in the description of the lot was made in a Deed of Absolute Sale by the deceased in an action
filed by the heirs for the cancellation of said Deed of Sale?

4th requisite matters occuring before death/insanity– Non-application of DMS

BORDALBA V. COURT OF APPEALS, G.R. NO. 112443, JANUARY 25, 2002
Issue: Is the admission of testimonies which pertains to matters occurring before the death of the petitioner’s mother based on other matters and not
with the dealings with the deceased violative of the Dead Man’s Statute?

Exceptions to DMS- Waiver

Exception – (1) failure to appeal from order denying motion to disqualify (2) cross-examination by defendant
SANTOS V. SANTOS, G.R. NO. 133895, OCTOBER 2, 2001
Issue: May a party still invoke the dead man’s statute upon failure to appeal the denial of the court of the motion to disqualify the witness?

Exception – (1) cross-examination by defendant (2) counterclaim by defendant

GOÑI V. COURT OF APPEALS, G.R. NO. L-27434, SEPTEMBER 23, 1986
Issue: May the Dead Man’s Statute be invoked when the counsel for the representative of the estate cross-examined the witness as to the matters
occurring during the lifetime of the deceased?
Issue: May the defendant testify as to communications and contracts entered into with the agent of the deceased while the agent is still alive?

Exception – (1) failure to object parol evidence

ASTURIAS V. COURT OF APPEALS, G.R. NO. L-17895, SEPTEMBER 30, 1963
Issue: May the testimony of a witness in violation of the Dead Man’s Statute be admitted if not objected to by the counsel of the representative of the
estate?

Exception to hearsay rule – application of DMS

CEQUENA V. BOLANTE, G.R. NO. 137944, APRIL 6, 2000
Issue: May an affidavit executed before the death of the deceased where the deceased is one of the declarants be admitted in evidence when the
one of the others declarants is still alive?

Non–application of DMS – as to purpose

ICARD V. MASIGAN, G.R. NO. 47442, APRIL 8, 1941
Issue: May the testimony of a claimant based on a claim lesser than that what might be warranted by written evidence violative of the Dead Man’s
Statute?

SEC. 24. DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION

Non-PVC –
EAGLERIDGE DEVELOPMENT CORP. V. CAMERON GRANVILLE 3 ASSET MANAGEMENT, INC., G.R. NO.
204700 (RESOLUTION), NOVEMBER 24, 2014
Issue: Is the Loan Sale and Purchase Agreement (LSPA) a privilege/confidential bank document?
Issue: Does the parol evidence apply when the deed of assignment refers to the LSPA?
Issue: May the LSPA be admitted in evidence?

PVC –trade secrets

AIR PHILIPPINES CORP. V. PENNSWELL, INC., G.R. NO. 172835, DECEMBER 13, 2007
Issue: Are the chemical components of respondent’s products trade secrets that are not subject to compulsory disclosure?
A. HUSBAND AND WIFE

Right of privacy of communication and correspondence–illegal seizure

ZULUETA V. COURT OF APPEALS, G.R. NO. 107383, FEBRUARY 20, 1996
Issue: Are the documents and papers so forcibly taken or seized by the wife from and without the consent of her husband as the owner of the same,
admissible in evidence in a case of legal separation file by the wife against the husband?

Application of MPVC–illegal seizure

PEOPLE V. CARLOS, G.R. NO. 22948, MARCH 17, 1925
Issue: Is the letter between husband and wife admissible in evidence?

Exceptions to MPVC–

Exception–waiver or admission in answer

LACUROM V. JACOBA, A.C. NO. 5921, MARCH 10, 2006
Issue: Does the marital disqualification rule apply when the defendant failed to timely object to the presentation of evidence which would violate the
rule?

Exception–dying declaration
UNITED STATES V. ANTIPOLO, G.R. NO. L-13109, MARCH 6, 1918
Issue: Should the deceased’s widow be excluded as a witness to her husband’s death?

B. ATTORNEY AND CLIENT

Application of ACPVC–
HILADO V. DAVID, G.R. NO. L-961, SEPTEMBER 21, 1949
Issue: May a lawyer whom the prospective client approached for a legal opinion regarding her case and who sent a legal opinion letter to the latter
disqualified from being the counsel of the adverse party?
REGALA V. SANDIGANBAYAN, G.R. NO. 105938, 108113, SEPTEMBER 20, 1996
Issue: Should lawyers divulge the identity of their clients?
SANVICENTE V. PEOPLE, G.R. NO. 132081, NOVEMBER 26, 2002
Issue: May the lawyer of the accused who wrote the letter to the Station Commander on behalf of the accused be compelled to testify as to the
contents of the letter?

Non-application of ACPVC–
SAURA, JR. V. AGDEPPA, A.C. NO. 4426, 4429 (RESOLUTION), FEBRUARY 17, 2000
Issue: Is the request of the co-owners to the lawyer to provide information as to the sale of the property a violation of the attorney-client privilege?

C. PERSON AUTHORIZED TO PRACTICE MEDICINE AND PATIENT

Application of PVC–

Application – Testimonial evidence (physician’a affidavit as to diagnosis)

GONZALES V. COURT OF APPEALS, G.R. NO. 117740, OCTOBER 30, 1998
Issue: Does the privilege communication rule apply if the patient is already dead?
Issue: Is the affidavit of the doctor which proves the fact of the patient's sterility inadmissible because it will blacken the reputation of the deceased?
Application – Documentary evidence (hospital records of patient)
CHAN V. CHAN, G.R. NO. 179786, JULY 24, 2013
Issue: Is the issuance of a subpoena duces tecum covering the husband's hospital records covered by the privileged character of the physician-
patient communication?

Non-Application of PVC–

Non-Application-By physician as expert witness

LIM V. COURT OF APPEALS, G.R. NO. 91114, SEPTEMBER 25, 1992
Issue: Is the Doctor which examined the wife disqualified from testifying as an expert witness?
Issue: Are all communications made to a physician made in his professional capacity thus, privilege?

Non-Application-By plaintiff as ordinary witness to the contents

KROHN V. COURT OF APPEALS, G.R. NO. 108854, JUNE 14, 1994
Issue: Is the testimony of the respondent husband with regard to the confidential evaluation report of the wife admissible in evidence?
D. MINISTER OR PRIEST AND PERSON MAKING THE CONFESSION

E. PUBLIC OFFICER

F. OTHER PRIVILEGED MATTERS

Presidential communications privilege and executive privilege–

NERI V. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, G.R. NO.
180643, MARCH 25, 2008
Issue: When may executive privilege be invoked?
Issue: May the petitioner invoke the executive privilege upon legislative inquiry of the Senate?

RA 1405, AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY BANKING
INSTITUTION AND PROVIDING PENALTY THEREFOR
PEOPLE V. ESTRADA, G.R. NOS. 164368-69, APRIL 2, 2009
Issue: Was the act of signing the check using the “Jose Velarde” alias by Estrada done in front of Lacquian and Chua considered privilege?

LABOR CODE, ART. 233

PENTAGON STEEL CORP. V. COURT OF APPEALS, G.R. NO. 174141, JUNE 26, 2009
Issue: Are the statements or agreements made by parties during conciliation proceedings privilege in nature?

Not privileged matters – RA 1405 in re. to RA 3019

RA 3019-unexplained wealth
PHILIPPINE NATIONAL BANK V. GANCAYCO, G.R. NO. L-18343, SEPTEMBER 30, 1965
Issue: May the bank accounts of a former government official investigated for unexplained wealth be disclosed under RA 3019?

RA 3019-illegally acquired properties

BANCO FILIPINO SAVINGS AND MORTGAGE BANK V. PURISIMA, G.R. NO. 56429, MAY 28, 1988
Issue: Does the law on secrecy of Bank Deposits prohibit the production by subpoena duces tecum of the bank records in the name of the wife,
children and friends of a public officer?

RA 10365, AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF
2001”, AS AMENDED

SEC. 25. PARENTAL AND FILIAL PRIVILEGE

ART. 215, FAMILY CODE

Non-application of parental privilege rule

LEE V. COURT OF APPEALS, G.R. NO. 177861, JULY 13, 2010
Issue: May a step-mother invoke the filial privilege?

Non-application of filial privilege rule-waiver

PEOPLE V. INVENCION Y SORIANO, G.R. NO. 131636, MARCH 5, 2003
Issue: Is the son of the accused disqualified from testifying against the accused because of filial privilege?
3. ADMISSIONS AND CONFESSIONS

SEC. 26. ADMISSIONS OF A PARTY

EXTRAJUDICIAL ADMISSIONS -

Inadmissible EJA-Atty.Valmonte letter

SANVICENTE V. PEOPLE, G.R. NO. 132081, NOVEMBER 26, 2002

Admissible EJA-Accused to policeman

PEOPLE V. LORENZO Y CORSINO, G.R. NO. 110107, JANUARY 26, 1995

Admissible EJA-Driver’s sworn affidavit at police station

BAUTISTA V. COURT OF APPEALS

Admissible EJA-Accused to witness on whereabouts of victim’s body

PEOPLE V. LICAYAN Y SUCANO, G.R. NO. 144422, FEBRUARY 28, 2002

EXTRAJUDICIAL CONFESSIONS -

Admissible EJC-Accused to witness

PEOPLE V. CARITATIVO, G.R. NOS. 145452-53, JUNE 10, 2003

Inadmissible EJC-without assistance of counsel + Admissible EJC-accused to victim’s sister

PEOPLE V. ZUELA Y MORANDARTE, G.R. NO. 112177, JANUARY 28, 2000

JUDICIAL ADMISSIONS -

Admissible JA – By predecesor in answer

HEIRS OF CLEMEÑA Y ZURBANO V. HEIRS OF BIEN, G.R. NO. 155508, SEPTEMBER 11, 2006

Admissible JA – By accused during trial

PEOPLE V. OMICTIN Y SINGCO, G.R. NO. 188130, JULY 26, 2010

OTHER ADMISSIONS -

Adoptive admission
ESTRADA V. DESIERTO, G.R. NOS. 146710-15, 146738 (RESOLUTION), APRIL 3, 2001

Admissible– (1) Implied admission under doctrine of apparent authority (2) Judicial admission in witness stand (3)
Admission by silence
CUISON V. COURT OF APPEALS, G.R. NO. 88539, OCTOBER 26, 1993