CRIMINAL EVIDENCE

INTRODUCTION
 SOURCES
(a) Rules of Court;

(b) Constitution;

(c) Special Laws;

(d) Revised Penal Code;

(e) Jurisprudence;

(f) Supreme Court Circulars

 THE RULES ON EVIDENCE
Rule 128 – General Provisions (4)

Rule 129 – What Need Not be Proved (4)

Rule 130 – Rules of Admissibility (51)

Rule 131 – Burden of Proof and Presumptions

(4)

Rule 132 – Presentation of Evidence

Rule 133 – Weight and Sufficiency of Evidence

GENERAL PROVISIONS
RULE 128
EVIDENCE DEFINED
SECTION 1.
 EVIDENCE

Is the means sanctioned by the

Rules of Court of ascertaining in a
judicial proceeding the truth,
respecting a matter of fact.
 FOUR COMPONENT ELEMENTS
(a) Evidence as a means of
ascertainment;

(b) Sanctioned by these Rules;

(c) In a judicial proceeding;

(d) The truth respecting a matter of fact

 PURPOSE
Due to the presumption that the
court is not aware of the
veracity of the facts involved in
a case. It is therefore
incumbent upon the parties to
prove a fact in issue through
the presentation of admissible
evidence.
 WHEN EVIDENCE IS REQUIRED
(a) When the court has to resolve a
question of fact;

(b) Doctrine of Processual

Presumption- when invoking a
foreign law, evidence of such law
must be presented, otherwise the
court will presume that the foreign
law is the same as Philippine law
 WHEN EVIDENCE IS NOT REQUIRED
(a) Where no factual issue exists in a case;

(b) Where the case presents only a question of law, such

question is resolved by the mere application of the
relevant statutes or rules to which no evidence is
required;

(c) When the pleadings in a civil case do not tender an

issue of fact;

(d) Evidence may also be dispensed with by agreement of

the parties;

(e) Evidence is not also required on matters judicially

admitted
 FACTUM PROBANDUM

The ultimate fact or the proposition

to be established.
 FACTUM PROBANS

The material evidencing the

proposition. It is the evidentiary fact
by which the FACTUM
PROBANDUM is established.
 COMPARISON
FACTUM PROBANS FACTUM PROBANDUM

Intermediate facts Ultimate facts

Proposition to be Material evidencing the

established proposition

Hypothetical Existent
 CONSTRUCTION OF THE RULES OF
EVIDENCE

Liberally construed: Rules of

Procedure are mere tools
intended to facilitate rather
than to frustrate the attainment
of justice.
MAY THE RULES OF EVIDENCE
BE WAIVED?
 GENERAL RULE

Yes. The rules of evidence are

established for the protection of the
parties.
 EXCEPTION
If the rule waived by the parties has
been established by law on
grounds of public policy, the waiver
is void. Accordingly the waiver of
the privilege against disclosure of
secrets is void.
CLASSIFICATION OF EVIDENCE
 A.
DEPENDING ON ITS ABILITY TO
ESTABLISH THE FACT IN DISPUTE
 1. DIRECT EVIDENCE

Evidence which proves the fact in

dispute without the aid of any
inference or presumption.
 2. CIRCUMSTANTIAL EVIDENCE
Proof of facts from which, taken
either singly or collectively, the
existence of the particular fact in
dispute may be inferred as a
necessary or probable
consequence.
 B.
DEPENDING ON THE DEGREE OF ITS
VALUE IN ESTABLISHING A
DISPUTED FACT
 1. PRIMA FACIE EVIDENCE

That which, standing alone

unexplained or uncontradicted, is
sufficient to maintain the
proposition affirmed.
 2. Conclusive evidence

Evidence which is incontrovertible

or one which the law does not allow
to be contradicted.
 3. Corroborative evidence

Additional kind of evidence of a

different kind and character from
that already given, tending to prove
the same point.
 4. Cumulative evidence

Additional evidence of the same

kind and character proving the
same point.
 C.
DEPENDING ON ITS WEIGHT AND
ACCEPTABILITY
 1. PRIMARY / best evidence

Evidence which affords the greatest

certainty of the fact in question.
 2. secondary/ substitutionary evidence

Evidence which is inferior to primary

evidence and admissible only in the
absence of the latter.
 D.
DEPENDING ON NATURE
 1. Object evidence
Evidence directly addressed to the
senses of the court and is capable
of being exhibited to, examined or
viewed by the court.

Also known as autoptic proference

or real or physical evidence.
 2. Documentary evidence

Supplied by written instruments or

derived from conventional symbols
and letters by which ideas are
represented on material
substances.
 3. Testimonial evidence

Is verbal or oral evidence. It is

evidence which consists of the
narration or deposition by one who
has observed or has personal
knowledge of that to which he is
testifying.
 E.
DEPENDING ON ITS QUALITY
 1. RELEVANT EVIDENCE

Evidence having value in reason as

tending to prove any matter
provable in an action.
 2. Material evidence

Evidence directed to prove a fact in

issue as determined by the rules of
substantive law and pleadings.
 3. Admissible evidence

One that is excluded by law or the

Rules, statute or the Constitution.

Evidence is admissible if relevant

and competent.
 4. Credible evidence

If it is not only admissible evidence

but also believable and used by the
court in deciding a case. Evidence
is credible if worthy of belief.
 5. Competent evidence

Evidence is competent when it is not

excluded by law in particular case.
 6a. Rebuttal evidence
Is that kind of evidence which is
given to explain, repel, counteract
or disprove facts given in evidence
by the adverse party. It is evidence
in denial of some affirmative case
or fact which the adverse party has
attempted to prove.
 6b. Sur-rebuttal evidence

Is a reply to rebuttal evidence.

 SCOPE
SECTION 2.
The rules of evidence shall be the
same in all courts and in all trials
and hearings, except as otherwise
provided by law or these Rules.
APPLICABILITY OF THE RULES OF
EVIDENCE
 General rule

The rules of evidence are applicable

to both civil and criminal cases.
(Sec. 2, Rule 128 and Sec. 3, Rule 1)
 exceptions
(a) Election cases;

(b) Land registration;

(c) Cadastral proceedings;

(d) Naturalization proceedings;

(e) Insolvency proceedings; and

(f) Other cases as may be provided for by law

ADMISSIBILITY OF
EVIDENCE
SECTION 3.
 Requisites for admissibility of evidence
(a) Relevant – such a relation to the
fact in issue as to induce belief in
its existence or non-existence. It
is determined by logic, human
experience and common sense.

(b) Competent – if not excluded by

law or these Rules. It is
determined by law
KINDS OF ADMISSIBILITY
 multiple
Where evidence is relevant and
competent for two or more
purposes provided it satisfies all
the requirements of admissibility as
provided by law.
 Conditional
Where evidence appears to be
immaterial unless it is connected
with other facts to be subsequently
proved, such may be received on
the condition that the facts be
afterwards proved.
 curative
Where improper evidence was
admitted over the objection of the
opposing party, he should be
permitted to contradict it with
similar improper evidence.
Otherwise, it would result in
disparity of rulings to his prejudice.
 comparison
RULES OF EXCLUSION EXCLUSIONARY RULE

These are governed by These are commonly used

the Rules of Evidence. for evidence excluded by
the Constitution. In its
simplest form, these rules
are applied to cases where
the challenged evidence is
quite clearly direct or
primary in its relationship
to the prior arrest or
search.
 Scope of exclusionary rules
(Rights Protected: Art. III – Bill of Rights of the 1987
Constitution)

(a) Rights against unreasonable searches and

seizure;

(b) Right to privacy and inviolability of

correspondence;

(c) Rights of a person under custodial

investigation;

(d) Right against self- incrimination.

Doctrine of the fruit of the poisonous tree
Posits that all evidence (the fruit) derived
from an illegal search (the tree) must be
suppressed.

Applies where the evidence is

“secondary” or “derivative”

Likewise known as the “but for” or “taint

doctrine” which means that the evidence
would not have come to light but for the
illegal action of the police.
 RELEVANCY;
COLLATERAL MATTERS
SECTION 4.
 Collateral matters
Refer to matters other than the fact
in issue. These are matters outside
the controversy, or are not directly
connected with the principal matter
or issue in dispute, as indicated in
the pleadings of the parties.
Evidence on collateral matters shall
not be allowed, except when it
tends in any reasonable degree to
establish the probability or
improbability of the fact in issue.
WHAT NEED NOT BE
PROVED
RULE 129
 Matters need not be proved
(a) Immaterial allegations;
(b) Facts admitted or not denied
provided they have been
sufficiently alleged;
(c) Agreed and admitted facts;
(d) Facts subject to judicial notice;
(e) Facts legally presumed
 Judicial notice

Is the cognizance of certain facts

which judges may properly take
and act upon without proof.

Refers to facts which ought to be

known to judges because of their
judicial functions.
 Function of judicial notice

The function of judicial notice is to

abbreviate litigation by the
admission of matters that need no
evidence because judicial notice is
a substitute for formal proof of a
matter by evidence.
JUDICIAL NOTICE; WHEN
MANDATORY
SECTION 1.
 Mandatory judicial notice
(a) The existence and territorial
extent of states;
(b) Their political history, forms of
government, and symbols of
nationality;
(c) The law of nations;
(d) The admiralty and maritime
courts of the world and their
seats
(e) The political constitution and
history of the Philippines;

(f) The laws of nature;

(g) The measure of time; and

(h) The geographical divisions.

JUDICIAL NOTICE; WHEN
DISCRETIONARY
SECTION 2.
 Discretionary judicial notice
(a) Matters which are of public
knowledge;
(b) Matters capable of
unquestionable demonstration;
or
(c) Matters ought to be known to
judges because of their judicial
functions.
JUDICIAL NOTICE; WHEN
HEARING NECESSARY
SECTION 3.
 Purpose of the hearing
Not for presentation of evidence but
to afford the parties reasonable
opportunity to present information
relevant to the propriety of taking
such judicial notice or the tenor of
the matter to be noticed.
 distinctions
MANDATORY DISCRETIONARY
JUDICIAL NOTICE JUDICIAL NOTICE

Court is compelled to take Court is NOT compelled to

judicial notice take judicial notice
Takes place at court’s own May be at court’s own
initiative initiative, or on request of
a party
No hearing Needs hearing and
presentation of evidence
JUDICIAL ADMISSION

SECTION 4.
 JUDICIAL ADMISSION

Is an admission, verbal or written,

made by a party in the course of the
proceedings.
 elements
(a) The same must be made to the party
of a case;

(b) The admission must be made in the

course of the proceedings in the
same case; and

(c) There is no particular form for an

admission. It may either be written
or oral.
RULES OF ADMISSIBILITY
RULE 130
 Object evidence

Is that which is addressed to the

senses of the court. It is not limited
to view of an object. It extends to
visual, auditory, tactile, gustatory
and olfactory.
 Physical evidence
Is a mute but eloquent manifestation
of truth, and it ranks high in our
hierarchy of trustworthy evidence –
where the physical evidence runs
counter to the testimonial evidence,
the physical evidence should
prevail. (BPI vs. Reyes, G.R. No.
157177, Feb. 11, 2008)
 Other names of object evidence
(a) Real evidence;

(b) Demonstrative evidence;

(c) Autoptic proference;

(d) Physical evidence

 Chain of custody
Means the duly recorded authorized
movements and custody of seized
drugs or controlled precursor or plant
sources of dangerous drugs or
laboratory equipment of each stage
from the time of seizure/confiscation to
receipt in the forensic laboratory for
safekeeping to presentation in court
for destruction.
Such record of movements and
custody of seized item shall
include the identity and signature
of the person who held temporary
custody of the seized item, the
date and time when such transfer
of custody were made in the
course of safekeeping and used in
court as evidence and the final
disposition.
 Ocular inspection or “view”

The court can go to the place where

the object evidence cannot be
brought to court because it is
immovable or inconvenient to
remove.

The inspection or view outside the

courtroom is part of trial.
RULE ON DNA EVIDENCE

AM. No. 06-11-5-SC

October 2, 2007
 scope

The Rule shall apply whenever DNA

evidence as defined in Sec. 3 hereof
is used, or proposed to be offered
as evidence in all criminal and civil
actions as well as special
proceedings.
 Biological sample

Any organic material originating

from a person’s body, even if found
in inanimate objects, that is
susceptible to DNA testing. This
includes blood, saliva and other
body fluids, tissues, hairs and
bones.
 Deoxyribonucleic acid (DNA)

The chain of molecules found in

every nucleated cell of the body.
The totality of an individual’s DNA
is unique for the individual, except
identical twins.
 Dna evidence

Constitutes the totality of the DNA

profiles, results and other genetic
information directly generated from
DNA testing of biological samples.
 Dna testing

Verified and credible scientific methods which

include the extraction of DNA from biological
samples, the generation of DNA profiles and
the comparison of the information obtained
from the DNA testing of biological samples for
the purpose of determining, with reasonable
certainty, whether or not DNA obtained from
two or more distinct biological samples
originate from the same person or if the
biological samples originate from related
persons.
 Dna testing results
(a) DNA results that exclude the putative
parent from paternity shall be conclusive
proof of non-paternity;

(b) I f the value of Probability of Paternity is

less than 99.9%, the results of the DNA
testing shall be considered as
corroborative evidence;

(c) If equivalent to 99.9% or higher, there shall

be a disputable presumption of paternity.
DNA profiles and all results or other
information obtained from DNA
testing shall be CONFIDENTIAL
(may be released only upon order
of the Court)
DOCUMENTARY
EVIDENCE
SECTION 2.
 Documentary evidence

Consists of writings or any material

containing letters, words, numbers,
figures, symbols or other modes of
written expressions offered as
proof of their contents
BEST EVIDENCE RULE
SECTION 3.
 Best evidence rule
The rule applies to documentary
evidence only, or a document
presented as proof of its
contents. It does not apply
where there is no bona fide
dispute on the contents of
documents and no useful
purpose would be served by its
production.
 General rule

When the subject of inquiry is the

contents of a document, no
evidence shall be admissible other
than the original document itself.
 exceptions
(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 control of the party against
whom the evidence is offered, and
the latter fails to produce it within
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;

(d) When the original is a public record

in the custody of s public officer or is
recorded in a public office.
 Purposes of the best evidence rule

(a) To prevent fraud;

(b) To exclude uncertainties in the

contents of the a document.
Cases where the best evidence rule does
not apply
(a) To the existence, execution or delivery
without reference to its terms;
(b) To admissions as to contents of writing
and where subject of preliminary cross-
examination, to lay the basis for
confrontation;
(c) To make testimony coherent and
intelligible;
(d) Where there is no bona fide dispute on the
contents of documents and no useful
purpose would be served by its production
 The rule on duplicate original

When a document is in two or more copies

executed at or about the same time with
identical contents, or is a counterpart
produced by the same impression as the
original, or from the same matrix, or by
mechanical or electrical recording, or by
chemical reproduction or by other
equivalent techniques which accurately
reproduces the original, such copies or
duplicates shall be regarded as the
equivalent of the original.
SECONDARY EVIDENCE
SECTION 3 and 5.
 Secondary evidence

(a) When the original has been lost

or destroyed, or cannot be
produced in court without bad faith
on the part of the offeror secondary
proof of its content may be allowed.
(b) When the original is in the
custody or under control of the
party 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 without great loss of time
and the fact sought to be
established from them is only the
general result of the whole.
(d) When the original is a public
record in the custody of s public
officer or is recorded in a public
office.

Note: it may consists of: (a) certified

true copy issued by the public
officer in custody thereof; and (b)
official publication
 Requisites for the presentation of
secondary evidence
(a) Proof of existence of original;
(b) Proof of execution of original;
(c) Cause of unavailability or loss of
original;
(d) Proof of contents through
secondary evidence.
PARTY WHO CALLS FOR IT
NOT BOUND TO OFFER IT
SECTION 8.
Where a document is produced,
such document is not necessarily
admissible in evidence, unless the
requisites for admissibility are
present; nor is the party who
sought its production obliged to
offer it as evidence.
PAROL EVIDENCE RULE
SECTION 9.
 General rule
When the terms of an agreement
have been reduced to writing, it is
considered as containing all the
terms agreed upon and there can
be, between the parties and their
successors-in-interest, no evidence
of such terms other than the
contents of the written agreement.
 exceptions

A party may present evidence to

modify, explain or add to the terms
of the written agreement if he PUTS
IN ISSUE IN HIS PLEADING:
(a) The failure of the written
agreement to express the true
intent of the parties thereto;

(b) An intrinsic ambiguity, mistake

or imperfection in the written
agreement;
(c) The validity of the written
agreement;

(d) The existence of other terms agreed

to by the parties or their successors-
in-interest after the execution of the
written agreement.

The term “agreement” includes wills.

 Purpose of the rule
(a) To give stability to a written
agreement;

(b) To remove the temptation and

possibility of perjury;

(c) To prevent possible fraud.

 requisites
(a) There must be a written
agreement;
(b) The terms of the agreement must
be reduced into writing;
(c) The dispute is between the
parties and their successors-in-
interest; and/or
(d) There is dispute as to the terms
of the agreement.
 PAROL EVIDENCE RULE
Prohibits the varying of terms of a
written agreement
Can be invoked only when the
controversy is between the parties
to written agreement, their privies,
or any party directly affected
thereby.
With the exception of wills, applies
only to documents which are
contractual in nature
BEST EVIDENCE RULE
Prohibits the introduction of
substitutionary evidence in lieu of
the original document regardless of
whether or not it varies the
contents of the original
Can be invoked by any party to an
action regardless of whether such
party participated or not in the
writing involved.
Applies to all kinds of writing.
 Testimonial evidence
Testimonial or oral evidence is
evidence elicited from the mouth of
a witness as distinguished from
real and documentary evidence. It
is sometimes called viva voce
which literally means “living voice”
or by word of mouth. The person
who gives testimony is called a
“witness.”
WITNESS; THEIR
QUALIFICATIONS
SECTION 20.
 General rule
All persons who can perceive and
perceiving, and can make known
their perception to others, may be
witnesses.

Religious or political belief, interest

of the case or conviction of a crime
shall not be a ground for
disqualification.
 exceptions
(a) Those disqualified under Secs. 21-24,
Rule 130;
(b) Art. 821 of the New Civil Code
disqualifies those who have been
convicted of falsification of document,
perjury or false testimony from being
witnesses to a will;
(c) Sec. 17, Rule 119 ROC requires that
the accused sought to be discharged
as state witness has not at any time
been convicted of any offense
involving moral turpitude.
RULE ON COMPETENCY OF
WITNESS
 General rule

A person who takes the witness

stand is presumed to possess the
qualifications of a witness.
(Presumption of Competency)
 exception
Prima facie evidence of incompetency
in the following:

(a) The fact that a person has been

recently found of unsound mind by
a court of competent jurisdiction;

(b) That one is an inmate of an asylum

for insane.
 Qualifications of witness
(a) To observe – the testimonial quality of
perception;

(b) To remember - the testimonial quality

of memory;

(c) To relate – the testimonial quality of

narration; and

(d) To recognize a duty to tell the truth –

the testimonial quality of sincerity.
 Voir dire examination

A preliminary examination
conducted by the trial judge where
the witness is duly sworn to answer
as to his competency.
TWO KINDS OF INCOMPETENCY TO
TESTIFY
 1. Absolute disqualification
A person is forbidden to testify on any
matter. This includes:

(a) disqualification by reason of mental

incapacity or immaturity (Sec.21)

(b) disqualification by reason of

marriage (Sec. 22)
 2. Relative disqualification
A person is forbidden to testify only on
certain matters specified under Sections
23 and 24 of Rule 130 due to interest or
relationship or to privileges of other
parties.

(a) DQ by reason of death or insanity of

adverse party (Dead Man’s Statute)

(b) DQ on the ground of privileged

communication
 DISQUALIFICATION BY REASON OF
MENTAL INCAPACITY OR IMMATURITY
SECTION 21.
 The following cannot be a witness
(a) Those whose mental condition, at
the time of their production for
examination, is such that they are
incapable of intelligently making
known their perception to others;
(b) Children whose mental maturity is
such to render them incapable of
perceiving the facts respecting
which they are examined and of
relating them truthfully.
THE RULE ON EXAMINATION OF A
CHILD WITNESS

(A.M. No. 00-4-07-SC)

Effectivity: December 15, 2000
 distinctions
CHILD WITNESS
Only the judge is allowed to ask
questions to a child witness
during preliminary examination
Leading questions are allowed
Testimony in narrative form is
allowed
The child witness is assisted by
a facilitator
ORDINARY WITNESS
Opposing counsels are allowed
to ask questions during
preliminary examination.
Leading questions are not
generally allowed
Testimony in narrative form is
NOT allowed
They are not assisted by
facilitators.
DISQUALIFICATION BY REASON OF
MARRIAGE
(SPOUSAL IMMUNITY)
SECTION 22.
 General rule

During their marriage, neither the

husband nor the wife may testify for
or against the other without the
consent of the affected spouse.
 exceptions
(a) Where the testimony was made
outside the marriage;
(b) In a civil case by one spouse
against the other;
(c) In a criminal case for a crime
committed by one spouse
against the other or the latter’s
direct descendants or
ascendants.
MDR does not apply in the case of
estranged spouses, where the
marital and domestic relations are
so strained that there is no more
harmony to be preserved nor peace
and tranquility which may be
disturbed. (Alvarez vs. Ramirez, 473
SCRA 72)
 purpose

To obviate perjury and to prevent

domestic disunity and
unhappiness.
 Who may object

Only the spouse-party and not the

spouse who is offered as a witness.
 Nature of prohibition

It is an absolute prohibition against

the spouse’s testifying to any fact
affecting the husband or the wife
however the knowledge of these
facts may have been acquired.
 Marrying the witness

An accused can effectively seal the

lips of a witness by marrying the
witness.
 Duration of the privilege
The privilege lasts only during the
marriage. It terminates upon
divorce or annulment or death, in
which event, the surviving spouse
may, testify on any matter not
learned in confidence.
 distinction
DISQUALIFICATION BY DISQUALIFICATION BY
REASON OF MARRIAGE REASON OF MARITAL
(Sec.22) PRIVILEGE (Sec. 24[a])
Can be invoked only if one Can be claimed whether or
of the spouses is party to not the other spouse is a
the action party to the action
Applies only if the Can be claimed even after
marriage existing at the the marriage is dissolved
time the testimony is
offered
continuation
Constitutes a total prohibition
for or against the spouse of the
witness
The objection would be raised
on the ground of marriage. The
married witness would not be
allowed to take the stand at all
because of the disqualification.
Even if the testimony is, for or
against the objecting spouse,
the spouse-witness cannot
testify
Applies only to confidential
communications between the
spouses
The married person is on the
stand but the objection of
privilege is raised when the
confidential marital
communication is inquired into.
 DISQUALIFICATION BY REASON OF
DEATH OR INSANITY OF THE ADVERSE
PARTY
SECTION 23
DEAD MAN’S STATUTE OR
SURVIVORSHIP
DISQUALIFICATION RULE
 REQUISITES
(a) The witness is a party or assignor of
a party to a case or persons in
whose behalf a case is prosecuted;

(b) The action is against an executor or

administrator or other
representative of a deceased person
or against a person of unsound
mind;
(c) The subject-matter of the action is a
claim or demand against the estate of
such deceased person or against a
person of unsound mind;

(d) The testimony refers to any matter of

fact which occurred before the death of
such deceased person or before such
person became of unsound mind.
 PURPOSE OF THE RULE
It is designed to close the lips of
the party plaintiff when death or
incompetence has permanently
closed the lips of the party
defendant in order to remove from
the claiming party the temptation
to give false testimony and
possibility of fictitious claims
against the deceased or
incompetent.
DISQUALIFICATION BY REASON OF
PRIVILEGED COMMUNICATION
SECTION 24.
1.Privileged Communication
Between Husband and Wife
 requisites
(a) There was a valid marriage relation;
(b) The privilege is invoked with
respect to a confidential
communication between the
spouses during the said marriage;
and
(c) The spouse against whom such
evidence is being offered has not
given his or her consent to such
testimony.
There is a presumption of
confidentiality on all
communication between husband
and wife.
2. Privileged Communication
Between Attorney and Client
 requisites
(a) There is an attorney and client relationship or kind
of consultancy relationship with a prospective
client;

(b) The privilege is invoked with respect to a

confidential communication between them and
made in the course or with a view to professional
employment; and

(c) 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.
 purpose

To encourage full disclosure by

client to his attorney of all pertinent
matters so as to further the
administration of justice.
 When not applied
(a) It is intended to be made public;
(b) Intended to be communicated to
others;
(c) Received from third persons not
acting in behalf of or as agents of
the client;
(d) Intended for an unlawful purpose.
(e) Made in the presence of third
parties who are strangers to the
attorney-client relationship.
3. Privileged Communication
Between Doctor and Patient
 requisites
(a) The physician is authorized to
practice medicine, surgery or
obstetrics;

(b) The information was acquired or

the advice or treatment was
given by him in his professional
capacity for the purpose of
treating or curing the patient.
(c) The information, advice or
treatment, if revealed, would
blacken the reputation of the
patient; and

(d) The privilege is invoked in a civil

case, whether the patient is a party
thereto or not
4. Privileged Communication
Between Priest and Penitent
 requisites
(a) 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;

(b) The communications made were

confidential and penitential in
character.
5. Privileged Communication Public
Officers
 requisites
(a) The holder of a privilege is the
government acting through a
public officer;

(b) The communication was given to

the public officer in confidence;
(c) The communication was given
during the term of office of the public
officer but the privilege may be
invoked not only during the term of
office of the public officer but also
after;

(d) The public interest would suffer by

the disclosure of the communication.
PARENTAL AND FILIAL
PRIVILEGE
SECTION 25
No person may be compelled to
testify against his parents, other
direct descendants, children or
other direct descendants.
 ratio

To preserve family cohesion.

EXTRAJUDICIAL ADMISSIONS AND
CONFESSIONS
ADMISSIONS OF A PARTY
SECTION 26.
 ADMISSION

Is any extra-judicial statement or

conduct by a party to the present
litigation that is inconsistent with
the position the party presently
takes.
 Rule on admissions

The act, declaration or omission of a

party as to a relevant fact, may be
given in evidence against him.
 Self-serving declaration
Refers to one which has been made
extra-judicially by the party to favor
his interest. It is not admissible in
evidence because they are
inherently untrustworthy and would
open the door to fraud and
fabrication of testimony.
 distinction
ADMISSION CONFESSION

Statement of facts Statement of facts

which does not which involves an
involve an acknowledgment of
acknowledgment of guilt
guilt
May be made by third Can be made only by
persons the party himself
Express or implied Express always
 Flight of the accused
Flight of the accused after the
commission of the offense is
evidence of guilt. (Adame vs. Ca,
G.R. No. 139830, Nov. 21, 2002)

The wicked flee, even when no man

pursueth; but the righteous is as
bold as a lion.
OFFER OF COMPROMISE
NOT ADMISSIBLE
SECTION 27.
 Compromise IN CIVIL CASES

In CIVIL CASES, an offer of

compromise is not an admission of
any liability and is not admissible in
evidence against the offeror.
 exception

When such offer is clearly not only

to buy peace but amounts to an
admission of liability, the offered
compromise being directed only to
the amount paid.
 rationale

It is the policy of the law to favor the

settlement of disputes, to foster
compromises and to promote
peace.
 Compromise in criminal cases

An offer of compromise by the

accused may be received in
evidence as an implied admission
of guilt.
 exceptions
(a) Those involving quasi-offenses
or criminal negligence (reckless
imprudence);

(b) Those covered by Katarungang

Pambarangay Law;

(c) Plea of guilty later withdrawn;

(d) An unaccepted offer of plea of guilty to a
lesser offense;

(e) An offer to pay or payment of medical,

hospital or other expenses occasioned by an
injury;

(e) Tax cases as the law provides that the

payment of any internal revenue tax may be
compromised, an all criminal violations may
likewise be compromised except those
already filed in court and those involving
fraud.
 The good samaritan rule

An offer to pay or payment of

medical, hospital and other
expenses occasioned by an injury
is not admissible in evidence as
proof of civil or criminal liability for
the injury.
 rationale
To encourage the giving of
charitable and meritorious aid to
the victims of accidental harm plus
concern that such payment my
have been prompted solely by
humanitarian motives.
No compromise is allowed in the ff. cases
(a) Civil status of persons;
(b) Validity of marriage or legal
separation;
(c) Any ground for legal separation;
(d) Future support;
(e) Jurisdiction of courts;
(f) Future legitime; and
(g) Habeas corpus and election cases
 Principle of res inter alios acta alteri
nocere non debet

Things done between strangers

ought not to injure those who are
not parties to it.
 First part (Sec. 28)

The rights of a party CANNOT be

prejudiced by an act, declaration or
omission of another except as
hereinafter provided such as
vicarious admissions.
 Second part (sec. 34)
Similar acts as evidence.

It has reference only to extrajudicial

declarations. Hence statements made
in open court by a witness implicating
a person aside from his own judicial
admissions, are admissible as
declarations from one who has
personal knowledge of the facts
testified to.
 a. Admission by a co-partner agent (sec.
29)- requisites
(a) The act or declaration of a
partner or agent of the party
must be within the scope of his
authority;
(b) During the existence of the
partnership or agency;
(c) After the partnership or agency
is shown by evidence other than
such act or declaration.
The same rule applies to the act or
declaration of a joint owner, joint
debtor, or other person jointly
interested with the party.
b. Admission by a co-conspirator (sec. 30)- requisites

(a) Conspiracy must be proved first

by evidence other than the
admission itself;
(b) Admission relates to the
conspiracy itself;
(c) It has been made in writing while
the declarant was engaged in
carrying out the conspiracy.
 c. Admission by privies (sec. 31)-
requisites
(a) There must be privity between
the party and the declarant;
(b) The declarant as predecessor in
interest made the declaration
while holding the title to the
property; and
(c) The admission relates to the
property.
 privies

Refers to those who have mutual or

successive relationship to the same
rights of property or subject matter
such as personal representatives,
heirs, etc.
 D. Admission by silence
(sec. 32)- requisites
(a) He must have heard or observed the
act or declaration of the other person;

(b) He must have had the opportunity to

deny it;

(c) He must have understood the

statement;
(d) He must have an interest to object,
such that he would naturally have done
so, if the statement was not true;

(e) The facts were within his knowledge;

and

(f) The fact admitted or the inference to

be drawn from his silence is material to
the issue.
Note: The accused’s right to remain
silent prevails over this section.
 Adoptive admission
An adoptive admission is a party’s
reaction to a statement or action by
another person when it is
reasonable to treat the party’s
reaction as an admission of
something stated or implied by the
other person.
CONFESSION
SECTION 33
 SECTION 33
Confession
Confession
Is the declaration of an accused
acknowledging his guilt of the
offense charged or any offense
necessarily included therein.
 definition
JUDICIAL CONFESSION EXTRAJUDICIAL
CONFESSION
Is one made by the Is one made in any other
accused before a court in place or occasion and
which the case is pending cannot sustain a
and in the course of legal conviction UNLESS its
proceedings therein and, voluntariness is proven
by itself, can sustain a and UNLESS corroborated
conviction. by evidence corpus delicti.
Reqts for an extrajudicial confession to be
admissible
(a) The confession must involve an
express and categorical
acknowledgment of guilt;
(b) The facts admitted must be
constitutive of a criminal offense;
(c) The confession must have been
given voluntarily;
 Custodial investigation

Is a questioning initiated by the law

enforcement officers after a person
has been taken into custody or
otherwise deprived of his freedom
of action in any significant way.
SIMILAR ACTS AS
EVIDENCE
SECTION 34
SECTION 34
Similar acts as evidence

This is the second branch of the

rule of Res Inter Alios Acta, and
applies to both civil and criminal
cases.

This is also referred to as

PROPENSITY RULE.
 General rule
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 similar thing
at another time.
 exceptions
It may be received to prove:

(a) Specific intent or knowledge;

(b) Identity;
(c) Plan;
(d) System;
(e) Scheme;
(f) Habit;
(g) Custom or usage; and
(h) Others of the like
UNACCEPTED OFFER
SECTION 35
SECTION 35
Unaccepted offer
An offer in writing to pay a particular
sum of money or to deliver a written
instrument or specific personal
property is, if rejected without valid
cause, equivalent to the actual
production and tender of the
money, instrument or property.
TESTIMONIAL KNOWLEDGE;
HEARSAY RULE
SECTION 36.
SECTION 36.
TESTIMONIAL KNOWLEDGE;
HEARSAY RULE
A witness can testify only to
those facts which he knows of
his personal knowledge; that
is, which is derived form his
perception, except as
otherwise provided in these
Rules.
 hearsay

Includes all assertions which have

not been subject to opportunity for
cross examination by the adversary
at the trial in which they are being
offered against him.
 Specific elements of hearsay
(a) There must be an out of order
statement, whether oral or written,
or a conduct intended as an
assertion; and

(b) That statement made out of court, is

repeated and offered by the witness
in court to prove the truth of the
matters asserted by the statement.
 Exceptions to the hearsay rule
(a) Dying declaration;
(b) Declaration against interest;
(c) Act or declaration against pedigree;
(d) Family tradition or reputation regarding
pedigree;
(e) Common reputation;
(f) Res Gestae;
(g) Entries in the ordinary course of business;
(h) Entries in the official records;
(i) Commercial lists;
(j) Learned treatise;
(k) Testimony or deposition at a former proceeding
 Reason for the exception

They are admissible by reason of

necessity and trustworthiness.
DYING DECLARATION
SECTION 37.
SECTION 37.
Dying declaration
The ante mortem statements made by a
person after the mortal wound has
been inflicted under the belief that
death is certain, stating the facts
concerning the cause of and
circumstances surrounding the attack.

It applies to any case where death of the

declarant is the subject of inquiry.
 requisites
(a) That death is imminent and the
declarant is conscious of that fact;

(b) That the declaration refers to the

cause and the surrounding
circumstances of such death;

(c) That the declaration relates to the

facts which the victim is competent
to testify to;
(d) That the declaration is offered in a
case wherein the declarant’s death is
the subject of inquiry;

(e)That the statement is complete in

itself;

(f) That declarant should have died;

 Dying declarations
May be oral or written or made by signs
which could be interpreted and
testified to by witness thereto.

May also be regarded to as part of res

gestae as they were made soon after
the startling occurrence without the
opportunity for fabrication or
concoction
DECLARATIONS AGAINST
INTEREST
SECTION 38.
 SECTION 38. Declarations against
interest
requisites
(a) That the declarant is dead or
unable to testify;
(b) That it relates to a fact against
the interest of the declarant;
(c) That at the time he made the said
declaration, the declarant was
aware that it was contrary to his
aforesaid interest; and
(d) That the declarant had no motive
to falsify and he believed such
declaration to be true.
 SECTION 39.
ACT OR DECLARATION ABOUT
PEDIGREE

SECTION 40. FAMILY

REPUTATION OR TRADITION
REGARDING PEDIGREE
 PEDIGREE
it includes relationship, family
genealogy, birth, marriage, death,
the dates when and the places
where these facts occurred, and the
names of the relatives. It embraces
also facts of family history
intimately connected with pedigree.
COMMON REPUTATION
SECTION 41.
 SECTION 41. Common reputation
WHAT MAY BE ESTABLISHED BY
COMMON REPUTATION
(a) Matters of public interest more
than 30 years old;

(b) Matters of general interest more

than 30 years old;

(c) Matters respecting marriage or

moral character and related
facts;

(d) Individual moral character.

 Reason for the rule

Because of public interest in such

statements of reputation, there is
good reason to believe that falsity
can be exposed or corrected by
testimony.
MATTERS OF PUBLIC MATTERS OF
INTEREST GENERAL INTEREST

Common to all citizens Common only to a

of the state or to the single community or
entire people to a considerable
number of persons
forming part of the
community
 Common reputation
Is the definite opinion of the community
in which the fact to be proved is known
or exists. It means the general or
substantially undivided reputation.

CHARACTER means that which a

person really is, while REPUTATION is
that which is reputed to be.
PART OF RES GESTAE
SECTION 42.
 SECTION 42. Part of res gestae
Res gestae
Literally means things done; it includes
the circumstances, facts, and
declarations incidental to the main fact
or transaction necessary to illustrate
its character and also includes acts,
words, or declarations which are
closely connected therewith as
constitute part of the transaction
 comparison
RES GESTAE IN CONNECTION DYING DECLARATIONS
WITH A HOMICIDAL ACT
May be made by the killer Can be made only by the victim
himself after or during the
killing or that of a 3rd person
May precede, accompany or be Made only after homicidal
made after the homicidal attack attack has been committed
was committed
Justification on the spontaneity Trustworthiness based upon its
of the statement. being given in awareness of
impending death
TWO TYPES OF RES GESTAE
TWO TYPES OF RES GESTAE

1. Spontaneous statements

Statements made by a person

while startling occurrence is
taking place or immediately
prior or subsequent thereto
with respect to the
circumstances thereof.
 Requisites for admissibility
(a) There must be a startling
occurrence;

(b) The statement must relate to the

circumstances of the startling
occurrence; and

(c) The statement must be

spontaneous.
 2. Verbal acts
Statement accompanying an
equivocal act material to the issue
and giving it legal significance.

Thus, in bribery, the declaration

made by the third person
accompanying the delivery of
money is admissible.
 Requisites for admissibility
(a) The act or occurrence characterized
must be equivocal;
(b) Verbal acts must characterize or
explain the equivocal act;
(c) Equivocal act must be relevant to
the issue; and
(d) Verbal acts must be
contemporaneous with the
equivocal act.
Entries in the course of business (Sec.43)
Otherwise known as the SHOP-BOOK
RULE.

SECTION 44.
ENTRIES IN OFFICIAL RECORDS

SECTION 45.
COMMERCIAL LISTS AND THE LIKE

SECTION 46.
LEARNED TREATISES
 SECTION 44.

ENTRIES IN OFFICIAL RECORDS

 SECTION 45.

COMMERCIAL LISTS AND THE LIKE

 SECTION 46.

LEARNED TREATISES
SECTION 47.
TESTIMONY OR DEPOSITION AT A FORMER
PROCEEDING

REQUISITES
a. The testimony or depositions of a witness
deceased or unable to testify;

b. The testimony was given in a former case

or proceeding, judicial or administrative;

c. Involving the same parties;

d. Relating to the same subject matter;

e. The adverse party having had an

opportunity to cross-examine him
 REQUISITES
(a) The testimony or depositions of a
witness deceased or unable to
testify;
(b) The testimony was given in a former
case or proceeding, judicial or
administrative;
(c) Involving the same parties;
(d) Relating to the same subject matter;
(e) The adverse party having had an
opportunity to cross-examine him
OPINION RULE
SECTION 48.
 SECTION 48. Opinion rule
Opinion
Is an inference or conclusion
drawn from the facts observed.
 General rule

Witnesses must give the facts and

not their inferences, conclusions or
opinions.
 exceptions
(1) Opinion of expert witness

On a matter requiring SPECIAL

knowledge, skill, experience or
training which he is shown to
possess. (Sec.49)
(2) Opinion of ordinary witness

(a) the identity of person about whom he has

adequate knowledge;

(b) A handwriting with which he has sufficient

familiarity;

(c) The mental sanity of a person with whom he is

sufficiently acquainted;

(d) The witness’ impressions of the emotion,

behavior, condition or appearance of a person.
OPINION OF EXPERT
WITNESS
SECTION 49.
 SECTION 49.
Opinion of expert witness
Expert evidence
Is the testimony of one
possessing in regard to a particular
subject or department of human
activity, knowledge which is not
usually acquired by other persons.
Expert evidence is admissible only if

(a) The matter to be testified

requires expertise; and

(b) The witness has been qualified

as an expert.
OPINION OF ORDINARY
WITNESS
SECTION 50.
SECTION 50. Opinion of ordinary witness

Ordinary opinion evidence

Is that which is given by a
witness who is of ordinary capacity
and who has by opportunity
acquired a particular knowledge
which is outside the limits of
common observation and which
may be of value in elucidating a
matter under consideration.
CHARACTER EVIDENCE
SECTION 50.
 SECTION 50.
Character evidence
Character
Is the aggregate of the moral
qualities which belong to and
distinguish an individual person.
 General rule

Character evidence is NOT admissible

in evidence.

Ratio: The evidence of a person’s

character does not prove that such
person acted in conformity with such
character or trait in a particular
occasion.
 exceptions
In Criminal Cases:

(a) Accused may prove his good moral

character which is pertinent to the
moral trait involved in the charge;

(a) The prosecution may not prove the

bad moral character of the accused
unless in rebuttal when the latter
opens the issue by introducing
evidence of his good moral character;
(c) As to the offended party, his
good or bad moral character may
be proved as long as it tends to
establish the probability or
improbability of the offense
charged.
BURDEN OF PROOF AND
PRESUMPTIONS
RULE 131
 RULE 131
Burden of proof and
presumptions

SECTION 1.
BURDEN OF PROOF (ONUS
PROBANDI)
 Burden of proof/ risk of non-persuasion

The duty of a party to present

evidence on the facts in issue
necessary to establish his claim or
defense by the amount of evidence
required by law.
 proof

Is the establishment of a requisite

degree of belief in the mind of the
trier of fact as to the fact in issue.
DEGREE OF PROOF THAT
SATISFIES THE BURDEN OF
PROOF
 CIVIL CASES

Preponderance of evidence
 Criminal cases
To Sustain Preliminary Issuance of a
Conviction Investigation Warrant of Arrest
Evidence of guilt Engenders a well Probable Cause-
beyond founded belief of that there is
reasonable the fact of the reasonable
doubt commission of a ground to
crime believe that the
accused
committed the
offense
 Administrative cases

Substantial evidence
 Hierarchy of evidence
(a) Proof beyond reasonable doubt;

(b) Clear and convincing evidence;

(c) Preponderance of evidence;

(d) Substantial evidence

 Burden of evidence

Is the logical necessity on a party

during a particular time of the trial
to create a prima facie case in his
favor or to destroy that created
against him by presenting
evidence.
 comparison
BURDEN OF PROOF
Does not shift and remains
throughout the entire case
exactly where the pleadings
originally placed it
Generally determined by the
pleadings filed by the party.
BURDEN OF EVIDENCE
Shifts from party to party
depending upon the exigencies
of the case in the course of the
trial
Generally determined by the
developments of the trial, or by
the provisions of substantive
law or procedural rules which
may relieve the party from
presenting evidence on the
alleged facts.
 presumption

Is an inference as to the existence or

non-existence of a fact which
courts are permitted to draw from
the proof of other facts.
 Conclusive presumption
(Juris et jure)

Is a presumption of law that is not

permitted to be overcome by any
proof to the contrary.
CLASSES OF CONCLUSIVE
PRESUMPTION
 CLASSES OF CONCLUSIVE
PRESUMPTION
ESTOPPEL IN PAIS
Whenever a party has, by his
own declaration, act or omission,
intentionally or deliberately led
another to be true and to act upon
such belief, he cannot, in any
litigation arising out of such
declaration, act or omission, be
permitted to falsify it.(Sec. 2 a,
Rule 131)
 Estoppel by deed
The tenant is not permitted to deny
the title of his landlord at the time
of the commencement of the
relation of the landlord and tenant
between them.(Sec. 2 b, Rule 131)
 Disputable presumption
(juris tantum)

Is that which the law permits to be

overcome or contradicted by proofs
to the contrary; otherwise the same
remains satisfactory.
 Disputable presumptions
(a) Presumption of innocence

(b) Presumption that a person takes ordinary

care of his concerns;

(c) Presumption of suppression of evidence;

(d) Presumption of stolen goods;

(e) Presumption that a person in public office

was regularly appointed or elected to it
(f) Presumption that an official duty has been
regularly performed;
(g) Presumption of regularity of judicial
proceedings;
(h) Presumption that private transactions have
been done fairly and with regularity;
(i) Presumption that the ordinary course of
business has been followed.
NO PRESUMPTION OF LEGITIMACY
OR ILLEGITIMACY
SECTION 4.
SECTION 4. No presumption of
legitimacy or illegitimacy
There is no presumption of
legitimacy or illegitimacy of a child
born after 300 days following the
dissolution of the marriage or the
separation of the spouses. Whoever
alleges the legitimacy or
illegitimacy has the burden of
proving it.
PRESENTATION OF
EVIDENCE
RULE 132
 RULE 132
Presentation of evidence

SECTION 1.
EXAMINATION TO BE
DONE IN OPEN COURT
 How testimonies given
It is usually given orally, in open court.
Therefore, generally the testimonies of
witnesses cannot be presented in
affidavits.

Except in cases covered by the Rules

on Summary Procedure and the
Judicial Affidavit Rule where
testimonies may be given in affidavits.
 purpose
To enable the court to judge
the credibility of the witness by
the witness’ manner of testifying,
their intelligence and their
appearance. (Demeanor Evidence)

General rule
Testimony of witnesses shall be
given under oath or affirmation.
 General rule

Testimony of witnesses shall be

given under oath or affirmation.
 Two –fold object in requiring a witness to
be sworn
(a) By affecting the conscience of
the witness to compel him to
speak the truth;

(b) If he wilfully falsifies the truth,

that he may be punished for his
perjury.
 SECTION 2.
PROCEEDINGS TO BE
RECORDED
 SECTION 2.
PROCEEDINGS TO BE
RECORDED

SECTION 3. RIGHTS AND

OBLIGATIONS OF A WITNESS
 RIGHTS
(a) To be protected from irrelevant,
improper, or insulting questions,
and from harsh, insulting
demeanor;

(b) Not to be detained longer than

the interests of justice require;
(c) Not to be examined except only
as to matters pertinent to the issue;

(d) Right against self-incrimination;

(e) Right against self-degradation.

 Order of examination (sec. 4)
(a) Direct examination;

(b) Cross-examination;

(c) Redirect examination;

(d) Re-cross examination.

 Order of examination (sec. 4)

1. Direct examination (sec. 5)

Is the examination in chief of a
witness by the party presenting him
on the facts relevant to the issue.
2. Cross-examination (sec.6)
The most reliable and effective way
of testing the credibility and
accuracy of testimony.
 Cross-examination (sec.6)

The most reliable and effective way

of testing the credibility and
accuracy of testimony.
 Purposes of cross-examination
(a) To discredit the witness;

(b) To discredit the testimony of the

witness;

(c) To clarify certain matters;

(d) To elicit admissions from a witness.

3.Re-direct examination (sec. 7)
Principal Object: To prevent injustice to
the witness and the party who has
called him by affording an opportunity
to the witness to explain or amplify the
testimony which he has given on
cross-examination or to explain any
apparent contradiction or
inconsistency in his statements, an
opportunity which is not ordinarily
afforded him during the cross-
examination.
RECALLING WITNESS
SECTION 9.
 SECTION 9. Recalling witness

General rule
After the examination of a
witness by both sides has been
concluded, the witness cannot be
recalled without leave of court.
 Ratio
A witness cannot be detained
longer than the interest of
justice requires.

Exception
Recall has been expressly
reserved with the approval of
the court.
 exception

Recall has been expressly reserved

with the approval of the court.
 LEADING AND
MISLEADING QUESTIONS
SECTION 10.
 SECTION 10. LEADING AND
MISLEADING QUESTIONS

Leading question
Is one which suggests the
witness the answer which the
examining party desires. It is
GENERALLY NOT ALLOWED.
 exceptions
(a) On cross-examination;
(b) On prelim matters;
(c) When there is difficulty in getting
direct and intelligible answers
from a witness who is ignorant,
or a child of tender years or is of
feeble mind;
(d) Unwilling or hostile witness;
(e) Witness is an adverse party or
an officer, director, or managing
agent of a public or private
corporation or of a partnership or
association which is an adverse
party.
(d) Unwilling or hostile witness;

(e) Witness is an adverse party or an

officer, director, or managing agent
of a public or private corporation or
of a partnership or association
which is an adverse party.
 Misleading question

Is one which assumes a fact as true

a fact not yet testified to by the
witness, or contrary to that which
he has previously stated. It is not
allowed.
IMPEACHMENT OF ADVERSE
PARTY’S WITNESS
SECTION 40.
SECTION 40. Impeachment of adverse
party’s witness
To impeach a witness means to
discredit the witnesses’ testimony.
It is a fundamental right on cross-
examination. Since the witness’
credibility ia always in issue, it is
never beyond the permissible
scope of cross-examination.
 Ways of impeaching adverse party’s
witness
(a) By contradictory evidence;

(b) By evidence that the general

reputation for truth, honesty or
integrity of the witness is bad;

(c) By prior inconsistent statements.

 Classes of documents

For the purpose of their presentation

in evidence, documents are either
PUBLIC or PRIVATE.
OBJECTION
SECTION 40.
CLASSIFICATION OF OBJECTIONS
SECTION 40.objection
CLASSIFICATION OF
OBJECTIONS
1. General objection
It does not go beyond declaring
the evidence as immaterial,
irrelevant, or inadmissible. It
does not specify the ground.

Also known as broadside

objection.
2. Specific objection
It states why or how the
evidence is irrelevant or
incompetent.
 WHEN REPETITION OF
OBJECTION UNNECESSARY
SECTION 37.
SECTION 37.
When repetition of objection
unnecessary
Rule
Whenon continuing
it objection
becomes reasonably
apparent in the course of the
examination of a witness that the
questions being propounded are of
the same class as those to which
objection has been made, whether
such objection was sustained or
overruled, it shall NOT be necessary
to repeat the objection, it being
sufficient for the adverse party to
record his continuing objection to
such class of questions.
STRIKING OUT ANSWER
SECTION 39
SECTION 39.Striking out answer
Modes of excluding inadmissible
evidence
(a) Motion to Strike/Expunge – proper in
the ff. Cases

(1) when the witness answers

prematurely before there is
reasonable opportunity for the party
to object;

(2) unresponsive answers;

(3) answers that are incompetent,

irrelevant, or improper.
(b) Objection- when evidence is offered;

(c) Unresponsive answers;

(d) Uncompleted testimonies where there

was no opportunity for the other party to
cross-examine;

(e) Conditionally admitted evidence not

later substantiated.
 Tender of excluded evidence (sec. 40)
When an attorney is not allowed by
the court to present testimony
which he thinks is competent,
material and necessary to prove his
case, he must make an offer of
proof. This is the method of
properly preserving the record to
the end that the question may be
saved for purposes of review.
WEIGHT AND SUFFICIENCY
OF EVIDENCE
RULE 133
 RULE 133
Weight and sufficiency of evidence

Weight of evidence

Is the probative value or

credit that the court gives to a
particular evidence admitted to
prove a fact in issue.
HIERARCHY OF EVIDENTIARY
VALUES
HIERARCHY OF EVIDENTIARY VALUES
A. PROOF BEYOND REASONABLE DOUBT

It is required for conviction of an

accused in a criminal case.

That which is the logical and

inevitable result of the evidence
on record, exclusive of any other
consideration, of the moral
certainty of the guilt of the
accused or that degree of proof
which produces conviction in an
unprejudiced mind.
 b. Clear and convincing evidence
This is adduced to overcome a
prima facie case or a disputable
presumption.

That degree of proof which will

produce in the mind of the trier of
facts a firm or belief or conviction
as to the allegations sought to be
established.
 c. Preponderance of evidence
The degree of proof required in civil
cases.

That which is of greater weight or

more convincing than that which is
offered in opposition to it.
 d. Substantial evidence
Required to reach a conclusion in
administrative proceedings or to
establish a fact before
administrative/ quasi-judicial
bodies.

Such relevant evidence as a

reasonable mind might accept as
adequate to support a conclusion.
 Paraffin test
Paraffin tests are inconclusive. The
absence of powder burns in a
suspect’s hand is not conclusive
proof that he has not fired a gun. In
fact traces of nitrates can easily be
removed by simple act of washing
one’s hand. (Abalos vs. CA, Dec. 22,
1999)
 Polygraph tests
A polygraph test is an
electromechanical instrument that
simultaneously measures and
records certain physiological
changes in the human body caused
by an examinee’s conscious
attempt to deceive the questioner.
CIRCUMSTANTIAL EVIDENCE,
WHEN SUFFICIENT
SECTION 4.
 SECTION 4.
Circumstantial evidence, when
sufficient
It is sufficient for conviction if

(a) There is more than one

circumstance;

(b) The facts from which the inferences

are derived are proven;

(c) The combination of all the

circumstances is such to produce a
conviction beyond reasonable doubt.
 comparison
DIRECT EVIDENCE
Establishes the existence of a
fact in issue without the aid of
any inference or presumption
The witnesses testify directly of
their own knowledge as to the
main facts to be proved
CIRCUMSTANTIAL EVIDENCE
Does not prove the existence of
a fact in issue directly but
merely provides for logical
inference that such fact really
exists.
Each proof is given of facts and
circumstances which the court
may infer other connected facts
which reasonably follow,
according to the common
experience of mankind.
THE END