EVIDENCE NOTE: There are instances when the judicial truth does not

conform to the actual truth.

JUSTICE AQUINO
Example: The attorney is a poor one, who failed to object.
Hence, the statement becomes admissible as evidence.
NOTE:
LECTURE Q: Why?
These are the topics that were discussed in
01/07/2020 A: Because judiciary is a human institution, hence, the risk of
class. Some of which are lectured by Justice error cannot be eliminated.
Aquino. For the other information, I got it
from ROC , REMEDIAL LAW REVIEWER by
Riguera and SAN BEDA MEM AID 2018  Evidence is not required in the following:
(Kapag sinisipag. HAHA).
1. Issues or questions of law
Use this only as a reference/guide.
2. When there is a judgment on the pleadings.
Thank you and God bless!  Example: Defendant admits to the truth of matter of fact.
 Evidence is a means sanctioned by the rules to
3. Judicial notice
determine in judicial proceedings of the truth of the
matter of fact. 4. Sovereign judgment
 It means to establish in judicial proceedings of truth
of matter of fact. - It is proper when the pleadings do not render genuine
 Evidence is applicable in ALL judicial proceedings. issues, except damages. There will be trial based on the
pleadings.
 Rule 1, Sec. 4, provides for the non-applicability of
the Rules of Court, including the rules of evidence, NOTE:
to certain specified proceedings. These are:
(ELC-NIALO2) Issues of fact- What is the truth.

Issues of law- Pertains to what law is applicable.

a) Election cases;
b) Land registration;  NO trial and NO evidence required.
c) Cadastral;
d) Naturalization; Q: How should the rules of evidence to be interpreted?
e) Insolvency proceeding;
f) Administrative cases; A: It should be interpreted liberally.
g) Labor;
h) Other non-judicial proceedings; and As much as possible, technical rules should not prevail, only
i) Other cases no herein provided for, except by the demands of justice, except when the law provides
analogy or in suppletory in character and whenever otherwise.
practicable and convenient.

 Object of evidence
KINDS OF EVIDENCE
 Determination of the truth of fact of the issue.

Q: What is the “truth” to be examined or proven?

1. Relevant and irrelevant evidence
A: Not the actual truth but judicial or legal truth.
Basic rule: Evidence is admissible only if it is RELEVANT AND
Actual truth VS judicial truth
COMPETENT.
Actual truth- Performance of evidence of what really is.
NOTE: TWO must concur.
Judicial truth- What is established as evidence in court.
Q: What is relevant evidence?

(Evidence reviewer by Prissy V.)Page 1 of 12

A: One that has a relation with the fact in issue.
Example: Marriage of A and B. Evidence is a marriage
certificate. Evidence is RELEVANT.
Q: What is irrelevant evidence?
A: One that has NO relation with the fact in issue.
Example: Issue involved is whether the defendant and
somebody else are married. Witness said he saw them
kissing. Evidence is IRRELEVANT.
Q: What is competent evidence?
A: One allowed by law and rules to be admitted. Hence,
there should a relationship between the evidence and the
issue. Those which are NOT allowed by law and rules are
INCOMPETENT evidence.
Example: Illegal possession of firearm
By virtue of a warrant, the police ceased the hand gun from
the accused. The latter was presented as evidence in court.
The evidence is COMPETENT.
The hand gun was ceased from the accused without a
warrant. Hence, it is an illegal act. Therefore, it is an
INCOMPETENT EVIDENCE.
NOTE: If it is done WITHOUT due process, it is INADMISSBLE
IN EVIDENCE.
2. Direct and circumstantial evidence
Direct evidence- One positively and directly proves the fact in
issue.
Example: Marriage- Marriage certificate
Circumstantial evidence- Presupposes more than one
circumstance. However, if ALL circumstances are taken
together and provide basis for conclusion and it shows that
the fact of issue exist, it is circumstantial evidence.
Example: H accused of killing W.
1st evidence- Testimony of witness X that he saw H stabbing
W. = DIRECT EVIDENCE
2nd evidence- Testimony of witness X that he saw H came out
of the house with blooded knife and before that, heard the
screams of W. Medical examination shows that the blood in
the knife was W’s blood. Put all circumstances together,
conclusion is H killed W. = CIRCUMSTANTIAL EVIDENCE
3. Corroborative and cumulative evidence
Corroborative evidence- Evidence which is submitted to
strengthen or fortified previous evidence submitted before,
which is of a different kind.
Example: Issue is whether the accused is guilty of robbery.
1st testimony- He saw accused trying to sell the object of
robbery.
2nd testimony- There is evidence. Witness, to whom the
object was sold.
NOTE: Different kind but pertains to the same issue.
Cumulative evidence- Evidence of the same kind as of the
same previously submitted.
Example: Homicide
1st testimony: He saw A present and in the crime scene and
witness the act of killing B.
2nd testimony: The same testimony (different person).
4. Positive and negative evidence
Positive evidence- If it equitably declares that a fact exists or
event occurred.
 Or the fact does not exist or event did not occur.
Negative evidence- One where testimony is given to the act
that the witness did not see the accused committed the
crime.
Q: If he denies that the accused did not commit the crime, is
that considered as evidence?
A: No, because the witness may say that he did not see the
accused because he was not present during that time, thus,
there is probability that it still happened.
5. Expert and layman
Expert- One who has special knowledge of some kind of facts
which ordinary people do not know.
Example: Handwriting expert, medical expert
Layman- Ordinary person who has no special knowledge of
some kind of facts. A layman is not an expert.
NOTE: Opinions
GR: It is not acceptable as evidence. Must only testify based
on personal knowledge.
EXP: Only if he is an EXPERT.
(Evidence reviewer by Prissy V.)Page 2 of 12
EXP TO THE EXP: Opinion of an expert may still not be
appreciated by the court.
6. Conclusive and disputable evidence
Conclusive evidence- Establishes the fact of the issue with
finality.
Disputable evidence- Evidence which can be counteracted or
can be overturned by contrary evidence.
NOTE: General rule, ALL evidence are disputable evidence.
7. Prima facie evidence
- Sufficient to prove a matter of fact unless overruled or
overturned by contrary evidence.
3 TYPES OF EVIDENCE
1. Real or objective evidence- Any real or tangible thing
which directly address the senses of the court for the
purposes of examining and observing.
Most common object- Piece of paper.
- Tangible thing can also be submitted to court.
Example: Scar
- Those that can be demonstrated in court.
Example: Demonstrate how the stabbing was committed.
- It cannot be used as a tangible thing. Hence, it is
called DEMONSTRATIVE EVIDENCE and can be
considered as REAL EVIDENCE.
2. Documentary evidence- Any written document.
3. Testimonial evidence- Declaration of the witness of the
facts in the witness stand, before the court.
LECTURE
01/09/2020
DIFFERENT KINDS OF EVIDENCE
1. Substantial evidence – Evidence that satisfies the mind of
the existence or non-existence and non-administrative
agencies.
Rule 133, Sec. 5
In cases filed before administrative or quasi-judicial bodies, a
fact may be deemed established if it is supported by
substantial evidence, or that amount of relevant evidence
which a reasonable mind might accept as adequate to justify
a conclusion.
e.g. NLRC, COMELEC
Q: What is the requirement to prove an action?
A: Substantial evidence (lowest kind)
RULE 133. WEIGHT AND SUFFICIENCY OF EVIDENCE
Preponderance of evidence (Rule 133, Sec.1)
In determining where the preponderance or superior weight
of evidence on the issues involved lies, the court may
consider all the facts and circumstances of the case, the
witnesses’ manner of testifying, their intelligence, their
means and opportunity of knowing the facts to which they
are testifying, the nature of the facts to which they testify,
the probability or improbability of their testimony, their
interest or want of interest, and also their personal credibility
so far as the same may legitimately appear upon the trial. The
court may also consider the number of witnesses, though the
preponderance is not necessarily with the greater number.
Proof beyond reasonable doubt (Rule on moral certainty)
NOTE:
- Not absolute certainty
- Applicable in criminal cases
- Burden of proof is on the prosecution
- Accused enjoys presumption of innocence
- Highest standard of proof
- If here exist reasonable doubt-accused is acquitted.
Rule 133, Sec. 2.
(Evidence reviewer by Prissy V.)Page 3 of 12
In criminal case, the accused is entitled to an acquittal, unless
his guilt is shown beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of proof as,
excluding possibility of error, produces absolute certainty.
Moral certainty only is required, or that degree of proof
which produces conviction in a unprejudiced mind.
2. Proof of probable cause- Standard of evidence required in
preliminary investigation which justifies filing of information.
- The crime is committed and accused is probably guilty.
3. Clear and convincing evidence- Between substantial
evidence and proof beyond reasonable doubt.
- Required in criminal case to prove self-defense
- Kind of evidence to prove the defense of insanity or minority
of accused.
KINDS OF STANDARD OF PROOF IN DIFFERENT ACTIONS
1. Substantial evidence Quasi-judicial agencies
2. Preponderance of Civil case
evidence
3. Proof beyond reasonable Criminal case
doubt
4. Probable case Preliminary investigation,
judicial inquiry, search
warrant
*AMENDMENT OF RULES OF COURT- EFFECTIVE ON MAY 1,
2020*
Judicial notice- The court takes cognizance of certain facts
which judges may properly take and act on without proof
because they already know them.
KINDS OF JUDICIAL NOTICE
1. Mandatory judicial notice- Court requires to set as fact to
enumerate the laws in the Rules of Evidence.
Q: What are these facts?
A:
1. Existence of territorial extent of place
e.g. If there is an issue of fact in the case regarding the
place- West Philippine Sea.
2. Political history of the PH
3. Forms of government of different states
4. Symbols of nation
5. The law of nations
e.g. Universal Declaration of Human Rights
6. All issuance of the 3 branches of the government of the
PH
e.g. Statute, ordinance, decision, etc.
7. Measure of time
8. Geographical division of the PH.
2. Discretionary judicial notice- During trial the court may
announce that it will take judicial notice if such facts and the
court shall comment.
Justice Aquino: The court is “aroused.”
Q: What are these facts?
A:
1. Matters which are of public knowledge;
2. Matters capable of unquestionable demonstration; or
3. Matters ought to be known to judges because of their
judicial functions.
3. De parte judicial notice
- Need notice and hearing
- Initiated either by the court motu proprio or either
of the parties.
e.g. Witness is crossed-eye and claims he recognized the
accused 20m away.
The court may issue judicial notice and the court may ask for
expert witness.
(Evidence reviewer by Prissy V.)Page 4 of 12

JUDICIAL NOTICE ON SPECIFIC CASES
MTC Ordinances passed by the
Sangguiniang Bayan of the
municipality where it is
situated.
RTC Ordinances passed by all the
Sangguiniang Bayan of all
towns covered by its
jurisdiction.
CA Matters taken judicial notice
of appeal cases when the
court of origin has not taken
judicial notice of certain
facts.
SC All statute.
FOREIGN LAW INVOLVED
Documentary evidence- Writing can be in any material.
(paper, board, tissue)
ORIGINAL DOCUMENT RULE- RULE 130, SEC. 3.
When the subject of inquiry is the contents of a document, no
evidence shall be admissible other than the original
document.
EXCEPTIONS: (LANP)
a. When the original has been Lost or destroyed, or cannot be
produced in court, without bad faith on the part of the
offeror;
b. When the original is in the custody or under the control of
the part Against whom the evidence is offered, and the latter
fails to produce it after reasonable notice;
c. When the original consists of Numerous accounts or other
documents which cannot be examined in court without great
loss of time and the fact sought to be established from them
is only the general result of the whole; and

d. When the original is a Public record in the custody of a

public officer or is recorded in a public office.
- The court cannot take judicial notice. There is a need
of evidence according to that law.

EXPN: ORIGINAL DUPLICATED DOCUMENT- RULE 130, SEC. 4 (B)

AND (C)
1. The Doctrine of Processional Presumption

- Foreign law is subject of the case and there is no objection.

There is a presumption that the foreign law is the same as of
the domestic law.
2. Foreign law is well-known universally and no contrary
evidence is presented.
3. Foreign statute accepted by the government.
4. Common law.
b. When a document is in two 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
o the transaction, all the entries are likewise equally regarded
as original.

5. Stipulation of the parties.

SECONDARY EVIDENCE
LECTURE

01/21/2020
Secondary evidence- Rule 130, sec. 5.

When the original document has been lost or destroyed, or

NOTE: Best Evidence Rule was already removed in the cannot be produced in court, the offeror, upon proof of its
amendment. It is changed to “Original Document Rule”. execution or existence and the cause of its unavailability
without bad faith on his part, may prove its contents by a
copy, or by a recital of its contents in some authentic

(Evidence reviewer by Prissy V.)Page 5 of 12

document, or by the testimony of witnesses in the order Q: What is the difference between original document
stated. and parol evidence?
If the document is in adverse party’s custody or control- Original Document Parol Evidence
Rule 130, sec.6
Any kind of instrument. Instrument must be a written
If the document is in the custody or under the control of the agreement.
adverse party, he must have reasonable notice to produce it.
If after such notice and after satisfactory proof of its
existence, he fails to produce the document, secondary
evidence may be presented as in the case of its loss. LECTURE

Q: What is collateral evidence? 01/28/2020

A: A testimony as to fact of execution or the existence of

writings or references to written instruments.
A document is collaterally in issue when the purpose of
introducing the document is not to establish its terms but to
show facts of its existence, condition, execution or delivery.
RECITATION
01/21/2020
OFFICIAL DOCUMENT PUBLIC DOCUMENT
Official document Originating from public
institution issued in the
exercise of the sovereign
power of the State.
PAROL EVIDENCE
Something oral or verbal but, with reference to contracts, it
means extraneous evidence or evidence aliunde. It is any
evidence aliunde which is intended or tends to vary or
contradict a complete and enforceable agreement embodied
in a document.
*Mas gusto ni Justice ang Evidence Aliunde na term kaysa
extraneous evidence*
Evidence Aliunde- It may refer to a testimonial, real or
documentary evidence.
PAROL EVIDENCE ORIGINAL DOCUMENT RULE
Agreement/contract Any kind of instrument.

e.g Act of Congress, acts of “Evidence aliunde”

the President

Issued by the government. e.g. Published in official

reports, official gazette e.g. Parol Evidence
e.g. BIR Receipt, BIR Permit,
Medical Certificate from Contract of Sale
pubic hospital
- Parties, consideration, subject, manner of payment.
BOTH need NOT to be authenticated but only to be identified.

It is immediately admissible in court.

*BUMALIK SI JUSTICE SA ORIGINAL DOCUMENT RULE*

Q: Policeman gives a copy of page of police blotter. What
kind of document?

A: Public document, IF it is issued in the exercise of his Rule 130, Sec.3 (a) – Original has been lost, destroyed or
duty/profession. cannot be produced in court….

Requisites:

(Evidence reviewer by Prissy V.)Page 6 of 12

1. Evidence of the existence of the contract.

2. That such evidence is lost, destroyed or cannot be GR: When the terms of the document are clear and
produced in court. unambiguous, NO need for interpretation.

Rule 130, Sec.3 (b)- Original is in the custody or under the - When the term is capable of two or more meaning,
control of the pary against whom the evidence is offered…. there is a need for interpretation.

Requisites: The ff are the conditions which requires interpretation:

1. Existence 1. Ambiguous terms

2. Reasonable notice 2. Conflicting provisions

3. Unjustified compliance 3. Terms are susceptible to two or more signification

4. Contrary to the statute.

*BACK TO PAROL EVIDENCE* e.g.

Q: When is parol evidence allowed? 1. Ambiguous terms

A: Contract of loan states the terms shall be 5 years and

revocable for another 5 years.
1. There is a contract.
It is ambiguous. Why? It is unilateral or bilateral change. It
2. The contract is void. can be interpreted in two ways.

3. Agreements entered into by the original contract which 2. Conflicting terms- Wills
modify, explain or adds.
Jose Santos written in the will. But there are two Jose Santos.
- Proves the existence of the contract.

- The contract is void, state the reason.

GR:
4. Fails to express the true intent of the parties.
1. Title document does not control/indicate the nature of the
5. Other agreement entered into after the execution of the contract.
contract.
2. All provisions in contract should be harmonized and all
e.g. Promissory note. should be given in effect.
Issue: Amount involved. 3. In case of doubt, contract should be interpreted as one
least transmission of rights.
It states that it should be paid in installment.
e.g. Contract of Sale and Contract of Mortgage. In case of
Parties signed. doubt, choose which of them least transmission of rights.
After which debtor pleaded creditor to extend the period, 4. When terms of contract can be interpreted in two or more
creditor agreed. ways, your choice should support NATURAL RIGHTS.
(Universal right, what is right or wrong)
In effect: NOVATION

To prove agreement thereafter- (a) testimonial evidence; or 5. When there is a difference between printed and
(b) Parol evidence. written word, the latter prevail.

RECITATION

INTERPRETATION 02/03/2020

(Evidence reviewer by Prissy V.)Page 7 of 12


*I USED THE SAN BEDA MEM AID TO ANSWER THE
QUESTIONS*
1. Q: What are the qualifications of a witness?
A: A prospective witness must show that he has the ff
abilities: (OR3)
1. To Observe- The testimonial quality of perception;
2. To Remember- The testimonial quality of memory;
3. To Relate- The testimonial quality of narration; and
4. To Recognize a duty to tell the truth- the testimonial
quality of sincerity.
2. Q: What are the 2 conditions which disqualifies a witness?
A: Mental incapacity.
2. Mental Immaturity or disqualified by reason of infancy.
3. Q: What are those which are prohibited to be divulged in
attorney-client relationship?
A: Any communication, confidential in character, which is
made in the course of the attorney and client relationship or
a kind of consultancy relationship- or negotiation (By
Justice).
Q: What if it is NOT connected in the case?
A: If the communication is made in the course of negotiation
or a kind of consultancy relationship, it is still privileged
communication.
4. Q: What are the other disqualifications?
(Actually, it should be “privileged communication”, iba yung
disqualifications. For the sake of the discussion, i-take note
nalang.  )
A: (Ito yung sinagot nung nag recite)
a. Communication between husband and wife;
b. Communication between attorney and client;
c. Communication between physician and patient;
d. Communication between a priest and penitent; and
e. Public officers on communications involving public
interest.
(Ito dapat sagot. Reference: Mem aid)
* There are 3 disqualifications*
1.) Rule 130, Sec. 22. Disqualification by reason of marriage
(spousal immunity);
2.) Rule 130, Sec. 23. Disqualification by reason of death or
insanity of adverse party (Dead Man’s Statute/Survivorship
Disqualification Rule); and
3.) Rule 130, Sec. 24. Disqualification by reason of
privileged communication.
5. Q: What are the requisites of privileged communication
between priest and penitent?
A: (PP)
1. The confession must have been made to the priest in his
Professional character in the course of discipline enjoined by
the church to which he belongs; and
2. The communications made were Penitent in character
that is, confessions of sins with a view to obtaining pardon
and spiritual advice or assistance.
Q: Is it exclusive to the statement in the confession?
A: Yes. One of the requisites is that the communications
were penitent in character. The information is confidential
in character.
Example sa REM REV by Riguera (siningit ko lang)
Q: A burned the house of B. A fled away from the scene and
coincidentally, Fr. Platino, the parish priest who regularly
hears A’s confession and who heard it after the fire, also
encountered him not too far away from the burned house.
Thereafter, A was charged with arson and at his trial the
prosecution moved to introduce the testimonies of the
priest-confessor. May the testimony of Fr. Platino be
allowed over A’s objection?
A: The testimony of Fr. Platino may be allowed.
The Priest-penitent privilege applies only to a confession
made to or advice given by the priest in his PROFESSINAL
CHARACTER. Evidently Fr. Platino was not hearing any
confession when he encountered A. The testimony should
be limited to what Fr. Platino witnessed, and not divulge the
confessions of A.
Justice Aquino: It is not only the lawyers which are covered
by the privilege. The others are also covered by the
(Evidence reviewer by Prissy V.)Page 8 of 12
privilege: (a) “Nagpapanggap ng lawyer”; (b)
Communication made in the course of negotiation.
6. Q: Who are the persons also covered by the privilege?
A: Stenographer, clerk, secretary.
7. Marital disqualification by reason of privilege
communication.
Q: Example.
From REM REV by Riguera
Q: A sued spouses B and C for a sum of money and damages.
At the trial A called C as his first witness. C objected, joined
by B, on the ground that she may not be compelled to
testify against her husband. A insisted and contended that
after all, she would just be questioned about a conference
they had with the barangay captain, a matter which is not
confidential in nature. The trial court ruled in favor of A.
Was the rulling proper?
A: No. The SC has held that a wife, who is a co-defendant of
her husband in an action, may not be examined as an
adverse-party witness without infringing on the marital
disqualification rule.
NOTE: The marital disqualification rule is a BLANKET
DISQUALIFICATION OF A SPOUSE from testifying against or
for the other spouse on any matter of fact, whether
confidential or acquired prior to the marriage.
Q: Requisites.
A:
1. That the spouse for or against whom the testimony is
offered is a party to the case;
2. That the spouses are legally married (valid until
annulled);
3. Testimony is offered during the existence of marriage;
and
4. The case is not one of the exceptions provided in the rule.
Q: Exceptions.
A:
1. Where the testimony was made outside the marriage;
2. In a civil case by one spouse against the other;
3. In a criminal case for a crime committed by one spouse
against the other or the latter’s direct descendants or
ascendants;
4. Where the spouse-party gives his or her consent; and
5. Where the spouse-party fails to raise the disqualification
seasonably (waiver).
Justice Aquino: These privileges and immunities can be
objected to. Failure to object, the evidence becomes
admissible.
8.Q: What are the requisites in the privileged
communication between attorney and client?
A: (AC2)
1. There is an Attorney and client relationship or a kind of
consultancy relationship with a prospective client;
2. The privilege is invoked with respect to a Confidential
communication between them made in the course of or with
a view to professional employment; and
3. the client has not given Consent to the attorney’s
testimony thereon; or if the attorney’s secretary,
stenographer or clerk is sought to be examined, that both
the client and the attorney have not given their consent
thereto.
9. Q: What are the EXPN to the rule that client or attorney
cannot testify?
A:
1. When there is a case between lawyer and client
2. Collection of fees
3. When advice pertains to the commission of a crime/fraud.
e.g. Client bought a piece of land, as evidence, deed of Sale.
Before it was registered, you must pay tax. The tax is
computed in accordance to the value of the estate. Subject
of Deed of Sale is the same property. The tax to be paid is
P5M. The lawyer advised the client to evade the payment of
tax.
The information may be divulged in court because that is a
violation of law.
LECTURE
NOTE: All privileges cannot be invoked in criminal cases.
Take note of the EXPNS in each privilege.
Other privileges:
(Evidence reviewer by Prissy V.)Page 9 of 12
*MEMAID* acknowledgement of guilt. acknowledgement of guilt.

1. The Guardian ad litem shall not testify in any proceeding APPLICABILITY

concerning any information, statement, or opinion received
from the child in the course of serving as a guardian ad litem, Civil transactions and to Acknowledgement of guilt
unless the court finds it necessary to promote the best matters of fact in criminal only in criminal cases.
interests of the child; cases not involving criminal
intent.
2. The publisher, editor, or duly accredited reported of any
newspaper, magazine or periodical of general circulation BY WHOM MADE
cannot be compelled to reveal the source of any news report
or information which was related in confidence to him, unless May be made by third Can be made only by the
the court or a House or committee of Congress finds that persons. party himself.
such revelation is demanded by the security of the State;
MANNER
3. Voters may not be compelled to disclose for whom they
voted; Express or implied. Always express.

4. Trade secrets; and

5. Bank deposits. JUDICIAL ADMISSION EXTRAJUDICIAL ADMISSION

*ADDITIONAL PRIVILEGES BY JUSTICE* BASIS

6. Tax return Rule 129, sec.4. An Rule 130, Sec. 26. The act,
admission, verbal or written, declaration, or omission of a
7. SALN made by a party in the party as to a relevant fact
course of the proceedings in may be given in evidence
8. Hospital records the same case, does not against him.
require proof. The admission
may be contradicted only by
showing that it was made
TESTIMONAIL PRIVILEGE
through palpable mistake or
that no such admission was
made.
Two privileges under Rule 130, Sec. 25.
WHEN IT IS MADE
1. Parental- The witness cannot be compelled to testify
against his child or other direct descendants; and In the course of a Out-of-court declaration.
proceedings in the same
2. Filial- The witness cannot be compelled to testify against case.
his parents or direct ascendants.
PROOF REQUIRED

Does not require proof. Requires proof.

ADMISSIONS AND CONFESSIOINS
CONCLUSIVENESS

Conclusive upon the Rebuttable.

(HINDI KO NA SINUNOD YUNG NILECTURE NI JUSTICE, MEM admitter.
AID NALANG. PERO ITO YUNG MGA DINISCUSS NIYA.)
ADMISSIBILITY
ADMISSION CONFESSION
Admissible even if self- Admissible only if not self-
NATURE serving. serving.

Statement of facts which Statement of facts which NEED FOR CROSS-EXAMINATION

does not involve an involves an
(Evidence reviewer by Prissy V.)Page 10 of 12
Subject to cross-examination. Not subject to cross-
examination.
OFFER OF COMRPOMISE
Compromise- A contract whereby the parties, by making
reciprocal concessions, avoid litigation or put an end to one
already commenced.
Civil Cases
- An offer of compromise is NOT an admission of any
liability, and is not admissible in evidence against the
offeror.
Criminal cases
- An offer of a compromise by the accused may be
received in evidence as an implied admission of guilt.
The Good Samaritan Rule
- An offer to pay or the payment of medical, hospital
and other expenses occasioned by an injury is not
admissible in evidence as proof of civil and criminal
liability for the injury.
Q: If A pleads guilty, thereafter, he filed motion to withdraw
plea of guilty and admit to a lesser offense. Is the initial
action can be taken against him?
A: NO. It should not be taken as admission of guilt.
Q: First action, A admitted that he killed B in his affidavit.
Second action, he withdrew his plea and said he did not kill
B. Is that admissible?
A: Yes. It is in the discretion of the court.
State Witness- A state witness is one of two or more persons
jointly charged with the commission of a crime but who is
discharged with his consent as such accused so that he may
be a witness for the State.
Requisites:
1.
The discharge must be WITH THE CONSENT OF THE ACCUSED
sought to be a state witness;
2.    There is ABSOLUTE NECESSITY for the testimony of the
accused whose discharge is requested;
3.    There is NO OTHER DIRECT EVIDENCE AVAILABLE for the
proper prosecution of the offense committed,  except  the 
testimony  of said accused;
4.    The   testimony   of   said   accused   can   be  
SUBSTANTIALLY CORROBORATED in its material points;
5.    Said accused DOES NOT APPEAR TO BE THE MOST
GUILTY; and
6.    Said  accused  has  not  at  any  time  been  convicted  of 
any  offense involving MORAL TURPITUDE.
RES INTER ALIOS ACTA
Principle- Things done between strangers ought not to injure
those who are not parties to it.
This principle provides that the rights of a party cannot be
prejudiced by an act, declaration, or omission of another.
Consequently, a extrajudicial confession is binding only on
the confessant, is not admissible against his or her co-
accused, and is considered as hearsay against them.
Rule 130, sec.30- Admission by conspirator
The act or declaration of a conspirator relating to the
conspiracy and during its existence may be given in evidence
against the co-conspirator after the conspiracy is shown by
evidence other than such act or declaration.
Conspiracy- A conspiracy exists when two or more persons
come to an agreement concerning the commission of a felony
and decide to commit it. 
Q: A executed a confession to the police. “I, and B and C,
conspired to kill D. Is it admissible?
A: NO. The confession only extends to A under the rule Res
Inter Alios Acta.
It is different if A admits it before the court because there is
an opportunity to cross-examine. Hence, it can be
admissible.
*REQUISITES IN MEMAID*
Requisites:
1. The conspiracy must be first proved by evidence other than
the admission itself;
(Evidence reviewer by Prissy V.)Page 11 of 12
2. The admission relates to the common object; and

3. It has been made while the declarant was engaged in

carrying out the conspiracy.

* REQUISITES ACCORDING TO JUDGE AQUINO*

1. There must be extra-judicial admission made by the

conspirator;

2. There is conspiracy;

3. Extra judicial confession was made during the existence of

the conspiracy;

4. Conspiracy is the subject matter in litigation.

PREVIOUS CONDUCT AS EVIDENCE

Rule 130, Sec. 34. Similar acts as evidence.

Evidence that one did or did not do a certain thing at one

time is not admissible to prove that he did or did not do the
same or a similar thing at another time; but it may be
received to prove a specific intent or knowledge, identity,
plan, system, scheme, habit, custom or usage, and the like.

From REM REV by Riguera

Q: Prosecution for rape where accused raises the defense of

consent. May accused introduce evidence that complainant
had extramarital sec with other men over the relevant
objection?

A: No. Evidence of a rape complainant’s past sexual conduct

is inadmissible unless found by the court to be material and
relevant to the case. Here the evidence of sexual acts with
men other than the accused is irrelevant. Even an immoral
woman has some freedom of selection.

OTHER EXAMPLES- Refer to p. 392 SAN BEDA MEMAID 2018

 Tinamad na ako. Haha

(Evidence reviewer by Prissy V.)Page 12 of 12