[3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J.
ABAD] 1
BASIC PRINCIPLES
What is evidence under the Rules?
Rule 128, Section 1: Evidence defined. – Evidence is the means, sanctioned by these Rules, of
ascertaining in a judicial proceeding the truth respecting a matter of fact.
-Evidence is the means, not the end.
Liza came in with a wet umbrella for it was raining outside. Is the wet umbrella evidence of the
fact that it was raining outside?
YES. The existence of the wet umbrella signifies that it was raining outside. It tells you that it was
raining outside.
Liza said she saw the rain fall. She comes inside saying “Hey, it’s raining outside.” Is her
statement evidence of that fact? Is that evidence that it was raining outside?
YES. That’s testimonial evidence. The testimony is another means of ascertaining that it was raining
outside.
What is the evidence that it was raining outside?
The testimony of Liza and the wet umbrella.
Will any kind of evidence do in accord with law?
NO. Only those allowed by law can be admitted as evidence. To be considered evidence, the same
must be “sanctioned” or allowed by the Rules of Court.
Examples of evidence NOT sanctioned by the Rules:
Hearsay evidence, coerced extrajudicial confession of the accused, evidence obtained in violation of
constitutional rights.
Do the Rules on Evidence differ from court to court?
NO. Under the principles of uniformity, as a general policy, the rules on evidence shall be the same in
all courts and in all trials and hearings (Sec. 2, Rule 128)
Are administrative tribunals bound by the Rules on Evidence?
NO. The general rule is that administrative agencies are not bound by the technical rules of evidence.
Exception: The Rules on Evidence may apply in suppletory manner. (Sec.4, Rule 128)
Can documents that have not been authenticated under the Rules be admitted in
administrative proceedings?
YES. Administrative cases are not bound by the technical rules of evidence. It can accept documents
which cannot be admitted in a judicial proceeding where the Rules of Court are strictly observed.
Can the appellate court admit evidence attached to the appellant’s brief but not presented in
the trial in a naturalization case?
The rule on formal offer of evidence is not applicable to a case involving a petition for naturalization
unless applied by analogy or in a suppletory character and whenever practicable and convenient.
Can the NLRC reverse the decision of the Labor Arbiter on the basis of documents presented
before it on appeal? Can the NLRC accept such late submission of documents?
YES. The NLRC is not precluded from receiving evidence, even for the first time on appeal, because
technical rules of procedure are not binding on labor cases.
Are mere photocopies admissible in evidence in labor cases?
YES. Even assuming that petitioners were given mere photocopies, the proceedings before the NLRC
are not covered by the technical rules of evidence and procedure as observed in the regular courts.
(Sasan vs NLRC)
Can the affidavit of a witness be admitted in evidence in labor cases?
In a labor case, it is not necessary for an affiant to appear and testify, and be cross-examined by
counsel for the adverse party on his affidavit. Administrative bodies are not bound by the technical
niceties of law and procedure and the rules obtaining in the courts of law.
Can mere allegations of complaint in a labor case be considered evidence?
In the field of administrative law, while strict rules of evidence are not applicable to quasi-judicial
proceedings, nevertheless, in adducing evidence constitutive of substantial evidence, the basic rule
that a mere allegation is not evidence CANNOT be disregarded. (Marcelo v. Bungubung)
What is the quantum of proof required in administrative cases?
Administrative – Substantial evidence
Criminal – proof beyond reasonable doubt (heaviest)
Civil – preponderance of evidence
When is clear and convincing evidence required?
As a rule, clear and convincing evidence is required when there is an allegation of wrongdoing in a
criminal sense. For example, in a civil action, you say that you are defrauded. What is the crime
committed? So you must prove the fraud by clear and convincing evidence not by just giving
preponderance of evidence.
Is evidence required when the pleading of the parties does not present any factual issue?
Where no factual issue exists in a case, there is no need to present evidence because where the case
presents a question of law, such question is resolved by mere application of the relevant statutes or
rules of this jurisdiction to which no evidence is required.
When the pleading in a civil case do not tender an issue of fact, a trial need not be conducted since
there is no more reason to present evidence. The case is then ripe for judicial determination through a
judgment on the pleading pursuant to Rule 34 of the Rules of Court.
The only question to be resolved is only questions of law.
If you are eating in a restaurant, and you got sick. WON the food is spoiled is a question of fact
or a question of law?
Question of fact, because of the existence of the spoiled food. WON it exists or not is a question of fact.
What is a question of law?
A question of law exists when the doubt or controversy concerns the correct application of law or
jurisprudence to a certain given set of facts; or when the issue does not call for an examination of the
probative value of the evidence presented, the truth or falsehood of facts being admitted.
-By the expression of the law, when the facts are proved or assumed and the question is what the
rights of the parties are, then that is a question of law.
A motion for judgment on the pleadings, are there issues involved?
No. There are facts presented but no issues involved.
Can the parties to a case agree on the facts and dispense with the presentation of evidence?
Presentation of evidence may likewise be dispensed with by agreement of the parties. The parties to
any action are allowed by the Rules to agree in writing upon the facts involved in the litigation and to
submit the case for judgment upon the facts agreed upon, without the introduction of evidence.
We don’t need evidence when there is a stipulation of facts. The stipulation constitutes the undenied
or undisputed evidence.
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If the fact concerns a matter that a court can take judicial notice of, is evidence required to
establish such fact? Usually, these are the things that are of common knowledge. That PNoy is
bald, that’s common knowledge, that UST is in Espana St, that’s common knowledge.
NO. The court can take judicial notice of this fact. Evidence is not also required on matters of judicial
notice (Sec. 1, Rule 129, ROC) and on matters judicially admitted (Sec. 4, Rule 129, ROC).
Facts that court can take judicial notice of are essentially of common known facts and no proof is
required to be shown.
Example of an assumed fact that need not be proved:
Death or injury of a passenger in a common carrier
When, for instance, an injured passenger sues a common carrier for breach of contract of carriage,
evidence of the negligence of the defendant carrier is dispensed with. This is because Art. 1756 of the
Civil Code of the Philippines establishes the presumption that, “In case of death of or injuries to
passengers, common carriers are presumed to have been at fault or to have acted negligently x xx.”
Do the rules on evidence apply equally in civil and criminal cases?
YES. They apply to both civil and criminal cases.
Sec. 2 of Rule 128 declare that the ruled of evidence shall be the same in all trials and hearings, except
as otherwise provided by law or these rules. To declare such is not to say however, that there are
absolutely no distinctions between a civil and a criminal proceedings.
Is there an exception? That it only applies to criminal case.
Dying declaration – When a person who is a victim of violence, and he is dying in a hospital, he was
asked by the wife “Who killed you?” and he answered (Justice gave a random name). Is that
admissible in evidence? Yes. The wife can say “I heard my husband say that it was (the random
person) who stabbed him.”
(Dying declarations are ante mortem statements made by a person after the mortal wound has been
inflicted under the belief that the death is certain, stating the fact concerning the cause of and the
circumstances surrounding the attack.)
This is an exception to the hearsay rule. It is a rule on evidence that it does not apply to civil action.
In what case are the rules on evidence in civil cases not applicable to criminal cases? What is
the quantum of evidence?
In civil cases, the party having the burden of proof must prove his claim by a preponderance of
evidence (Sec. 1, Rule 133, RoC). In criminal cases, the guilt of the accused has to be proven beyond
reasonable doubt (Sec. 2, Rule 133, RoC).
Is an offer of compromise in a civil case has the same effect in criminal cases?
In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in
evidence against the offeror. In criminal cases, except those involving quasi-offenses (criminal
negligence) or those allowed by law to be compromised, an offer of compromise by the accused may
be received in evidence as an implied admission of guilt (Sec. 27, Rule 130, RoC).
Is the rule on evidence substantive law or procedural law?
Procedural law.
What is substantive law in the first place?
Substantive law is that part of the law which creates, defines, or regulates rights concerning life,
liberty or property or the powers of agencies or instrumentalities for the administration of public
affairs, which when violated gives rise to a cause of action. (It creates rights and obligations.)
What is remedial law?
Procedural/Remedial law prescribes the methods of enforcing those rights and obligations created by
substantive law. (It is a means of addressing the alleged violation of substantive law.)
Rules on evidence is procedural law since it deals with remedies for violation of rights established by
substantive law.
Can the rule on evidence apply to cases pending at the time it was issued? Let’s say the crime
was committed November last year. A case was filed against him. It is now being tried in January this
year. In February, some part of rules on procedure to certain criminal cases was changed. Will it
apply to such case?
G.R.: YES. The evidence in substantive law is that the rights begin from the time it accrues. The right
to bring action can come earlier. But the remedy is changed. It still applies to the case. The change is
immediately applicable even to pending cases.
Exception: Ex post facto law – includes that which alters the rules on evidence and receives less or
different testimony that that required at the time of the commission of the offense in order to convict
the accused. (J. Abad: It is when the act is not yet a crime and becomes a crime after it was committed,
and it is applied to the crime before the law was passed, or a rule that requires a higher penalty after
the crime was committed, then it is an ex post facto law. So that is a possible exception to the
application of rules on evidence to cases pending at the time it was issued.)
Distinguish evidence from proof.
“Proof” is not the evidence itself. There is proof only because of evidence. It is merely the probative
effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the
evidence. Proof is the effect or result of evidence, while evidence is the medium of proof.
Evidence, like the wet umbrella, is the means used to establish proof that it rained. So evidence is a
means for establishing proof. Proof is the sum effect of all evidence presented to be used in resolving
the issues.
What is factum probandum?
It is the fact or proposition to be established. It is the fact to be proved; the fact which is in issue and
to which the evidence is directed.
What is factum probans?
It refers to facts or material evidencing the fact or proposition to be established. It is the probative or
evidentiary fact tending to prove the fact in issue.
It is the means for establishing the factum probandum, to ascertain a fact.
Object: factum probandum
Means: factum probans
If the fact to be proved in murder is treachery, what is the factum probans (the means of
proving treachery in murder)?
Treachery (aleviosa) refers to the employment of means, method, or form in the commission of the
crime which tend directly and specially to insure its execution without risk to himself arising from the
defense which the offended party might make. It means that the offended party was not given the
opportunity to defend himself.
Example: A person is stabbed in the back during the nighttime. There is an element of surprise.
The testimony that the victim was stabbed on the back, that would be proof of treachery.
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Factum probandum is treachery. (i) The identity of the buyer and seller, the object, and the consideration; and
Factum probans is the wound on the back. (ii) The delivery of the thing sold and the payment therefor.
If the factum probandum to be proved in estafa is fraudulent misrepresentation, what is the
factum probans (the means of proving fraudulent representation)? What is the corpus delicti?
-The prohibited drugs seized from the possession of the accused by the arresting officer. It must be
When the complainant’s testimony says that he was offered 1M for (sorry di proved that the drug presented was the drug seized from the accused.
kotalagamarinigtumatawakasisiRonel), when it was actually 2M. One fact, factum probans, proves
another fact, factum probandum. What is material to the prosecution for the sale of illegal drugs is the proof that the sale actually took
place, coupled with the presentation in court of evidence of corpus delicti.
If the factum probandum or the fact to be proved in a bouncing checks case is the dishonor of
the check by the drawee bank, what is the factum probans or the means of proving the In criminal cases involving prohibited drugs, there can be no conviction unless the prosecution shows
dishonor of the check? that the accused knowingly possessed the prohibited articles in his person, or that animus possidendi
The dishonored check identified by a bank representative. Because who will know if the check was is shown to be present together with his possession or control of such article; animus possidendi is
dishonored? only prima facie – it is subject to contrary proof and may be rebutted by evidence that the accused did
not in fact exercise power and control over the thing in question, and did not intend to do so.
What must be proved to collect a 1M debt and covered by a loan agreement?
In a suit for collection of a sum of money, in the absence of any admission by the defendant, the Does the prosecution have to present the police asset who provided the information that led to
factum probandum of the plaintiff would be: the arrest of the accused and the seizure of the prohibited drug from him?
(i) The existence of the debt of the defendant; (you prove this by presenting the loan Police asset: (J. Abad: the wife of the police LOL.) police informer, no salary, standby lang
agreement) The presentation of the informant in illegal drug cases is not indispensable for a successful
(ii) The maturity of the debt; prosecution because his testimony would be merely corroborative and cumulative. Informants are
(iii) The demand made by the plaintiff upon the defendant to pay; and generally not presented in court because of the need to hide their identity and preserve their
(iv) The failure to pay despite the demand. invaluable service to the police.
From the side of the defendant, the fact of payment of the obligation or the prescription of the debt or
the elements of any defense he may interpose would constitute the factum probandum. Can the accused compel the presentation of the police asset?
NO. To protect the informer.
What is the factum probandum in a suit for damages based on defendant’s negligence in
bumping a car? How can you prove the damage? Why are these two aspects of evidence, factum probandum and factum probans, important?
In every tort case filed under Art. 2176 of the Civil Code, the plaintiff has to prove (a) the damages There are times the fact intended to be proved must be proved by some other fact. You have to prove
suffered by him; (b) the fault or negligence of the defendant or some other person whose act he must one fact to prove another fact which is proof of another fact. Each one of them has a factum
respond; and (c) the connection of cause and effect between the fault or negligence and the damages probandum and a factum probans. So it is important to know that they are separate.
incurred.
So example, in a murder case, how will you prove that X murdered C, when in fact it was Y who shot C?
What will be the factum probandum in bumping the plaintiff’s car? By presenting evidence what? As a rule, if you are the lawyer, you should present your evidence in the
The plaintiff’s testimony regarding the damages suffered and evidence showing the damages, and the order of time. Those events that occurred earlier must be proved first before the events occurred
witness’ testimony of the defendant’s negligence. subsequently. X murdered C, when in fact it was Y who shot C. So which is the last act here? Which is
the first, the second? Motive is not an evidence of criminal liability. You should present evidence that
What is the factum probandum in criminal cases? X paid Y to murder C. And Y murdered C.
In a criminal case, the factum probandum includes all matters that the prosecution must prove beyond
reasonable doubt in order to justify a conviction when the accused pleads not guilty. The elements of What would be your factum probans that the vessel is liable to the damage of the rice that you
the crime must be proved. shipped on it?
Thus, in a prosecution for robbery, the prosecution has the burden to prove the following matters The bill of lading is the evidence that at the time it is shipped it was in good condition and the time it
beyond reasonable doubt: arrived, the goods are damaged.
(i) That there be personal property belonging to another;
(ii) That there is unlawful taking of the peoperty; ADMISSIBILITY OF EVIDENCE
(iii) That the taking is with intent to gain; and
(iv) That there is violence against or intimidation of persons or force upon things. When is evidence admissible?
Sec. 3, Rule 128: Evidence is admissible when it is relevant to the issue and is not excluded by the law
What is important is that you must prove the elements of the crime. That is your factum or these rules.
probandum. For evidence to be admissible, two elements must concur, namely:
Usually, 80% of our courts involve dangerous drugs cases. What is the factum probandum in (a) The evidence is relevant; and
the illegal sale of prohibited or dangerous drugs? (b) The evidence is not excluded by the rules (competent).
In a prosecution for illegal sale of prohibited or dangerous drugs, what determines if there was a sale
of dangerous drugs is the proof of the concurrence of all the elements of the offense. Conviction is What are the two axioms of admissibility according to Wigmore?
proper if the following elements concur:
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(a) That none but facts having rational probative value are admissible (axiom of RELEVANCE);
and
(b) That all facts having rational probative value are admissible unless some specific rule
forbids them (axiom of COMPETENCE).
May evidence relevant to the issue but not competent be admitted?
NO. No evidence is admissible unless it is relevant. However, relevancy alone does not make the
evidence admissible. An item of evidence may be relevant but not admissible. It is not admissible
because although relevant, it may be incompetent, i. e., it is excluded by law or by a particular rule or
by both. Neither is evidence admissible merely because it is competent. Although evidence is
competent, it may still be inadmissible if it is not relevant. The formula for admissibility is a simple
one. To be admissible, the evidence must be both relevant and competent.
Mario testified that Jose, who has since worked abroad, told him that he saw Carlo shoot the
victim. Is the evidence regarding the fact the Carlo shot the victim relevant?
YES. Because it is relevant to the issue that Carlo shot the victim.
Is it admissible?
NO. Because it is a hearsay testimony which is not allowed by the Rules.
When will the court determine/decide that the evidence is admissible or not?
For object evidence (like the gun used in murder): The court will determine if the evidence is
admissible or not when it is presented for the court’s view or evaluation.
For testimonial evidence: The court will determine if the evidence is admissible or not when the
question seeking to elicit inadmissible testimony is had, you have to object and the judge will decide
whether the question seeks to elicit inadmissible testimonial evidence.
For documentary evidence: The court will determine if the evidence is admissible or not when it is
formally offered before the party rests his case.
When is evidence relevant?
Under Sec. 4 of Rule 128, evidence to be relevant must have such a relation to the fact in issue as to
induce belief in its existence or non-existence.
To be relevant, the evidence must have probative value. It must be able to persuade you as to the
factum probandum, as to its object, the object it wants to establish. It has use in logic and common
sence, probative value as to the truth of disputed fact.
One aspect of connectedness (relevance) is probative value. If it has no probative value, then it is not
relevant, it has no meaning. It does not prove the point. So it is irrelevant.
What would be the relevance in a murder case of evidence that the victim was shot on the
back? What does it prove in a murder case?
Treachery. You have to prove the elements of treachery.
If the issue is WON it rained, will the evidence that the ground is wet be relevant to the issue?
YES. Because the wet ground shows that it rained. Based on reasonable human experience.
Is this so even if the wet ground is due to another cause? For example, the gardener watered the
plants.
YES. The point is here is relevance, not proof. The point here is WON it is relevant to the issue that it
rained.
What are the two aspects of relevance?
1. CONNECTEDNESS – evidence is directed toward a fact in issue or connected to it; “Is the
issue directed to the fact in issue? Is it connected to it?”
2. PROBATIVE VALUE – evidence has a tendency to establish the proposition sought to be
proved; tends to prove the fact in issue; “Can it persuade?”
3.
When is evidence irrelevant?
When it has no probative value with respect to the issue involved.
Would the fact that the student stayed home infer that it rained?
NO. It does not mean that he stayed home because it rained. It could be for some other reason like he
did not study. LOL
Evidence 1/29/2016 meeting:
Is evidence of collateral matters allowed?
As a rule it is not allowed because it does not have direct relevance to the issue of the case.
Exception: Allowed it tends to establish the probability or improbability of the fact in issue.
Is motive of the accused for committing murder collateral evidence?
Yes. It does not prove the crime directly.
In absence of evidence, can motive alone prove the crime?
No. It must be supported by other evidence.
Is evidence that the accused fled the scene of the crime regarded as evidence of guilt?
No. Flight alone is not synonymous of guilt. Such is not a reliable indicator of guilt.
What collateral evidence can you present to prove that the owner of a warehouse committed
arson?
1) Heavy Insurance.
2) Financial distress.
3) Inconsistent explanation as to the cause of the fire.
What is probative value?
Refers to the question of whether or not it proves an issue. It is the weight of the evidence.
Does the testimony of a student that another student stole an Ipad have probative value?
Yes. It proves the fact that is relevant to the issue at hand.
The suspect said that he wanted an Ipad. Does that motive have probative value?
It has probative value.
Is it relevant to determine if a witness is credible or not?
Yes.
When is the testimony credible?
It is credible if it conforms to common knowledge, observation and experience.
How can the other party test the credibility of the witness?
Through the process of cross-examination.
What is competent evidence?

These are evidence that is not expressly excluded by the rules or law.
Is the witness testimony that he saw the employee stole his employers watch a competent
evidence?
Yes. The rules do not exclude this.
What if the employee is tortured to testify?
No. The constitution prohibits torture evidence.
What is the difference between admissibility and probative value?
Admissibility refers to the question of whether the evidence is to be considered, while the probative
value refers to the questions of whether the evidence proves an issue.
Admissibility refers to competence, while the probative value refers to whether the evidence can
persuade or convince.
Where is there multiple-admissibility?
There are times when evidence is admissible for two or more purposes.
Is a dying declaration subject to multiple-admissibility?
Yes. It may be considered as Res Gestae and as a dying declaration.
Can evidence be admissible for one purpose and admissible for another?
Yes. Example, admission by a co-accused, the admission made by one cannot be admissible to the
other co-accused.
What is the duty of the party whose evidence is admissible for more than one purpose?
The party must state such with clarify or state the purpose in which the evidence is presented.
May a private document be offered as documentary evidence and as object evidence?
Yes, if there is a need to determine the existence of the document and the contents of the document.
When can the party as for a conditional admission of evidence?
When the relevance of the evidence is not apparent at the time it is offered, but the relevance of which
will readily be seen when connected to other pieces not yet offered.
What is the consequence if the connecting evidence is not offered?
The court may, upon motion of the adverse party, strike out such evidence.
What is the doctrine of curative admissibility?
The doctrine allows a party to introduce otherwise inadmissible evidence to answer the opposing
party’s previous introduction of inadmissible evidence if it would remove any unfair prejudice caused
by the admission of the earlier inadmissible evidence.
Will the doctrine apply if the opposing party failed to object to the first inadmissible evidence?
Yes. The rules of evidence do not prevent such parties to present the evidence because of lack of
objection. (Justice Abad’s opinion)
What is direct evidence?
This is evidence that proves a fact without need to make an inference from another fact. Example, the
witness saw the accused used the weapon to kill another.
What is indirect/circumstantial evidence?
Evidence that proves a fact through an inference which the fact finder draws from the evidence
established. Example, finger print is found on the weapon.
[3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 5
The witness testified that the accused boast of having killed the victim. Is the testimony direct
evidence?
No. Since the testimony does not prove the killing directly. The witness does not have personal
knowledge of what happened.
When will circumstantial evidence enough to convict the accused?
1) There is more than one circumstance
2) Facts from which the inferences are derived are proven
3) Combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt.
Is circumstantial evidence a lesser kind of evidence compared to direct evidence?
No, if both can prove guilt beyond reasonable doubt.
Is direct evidence preferred over circumstantial evidence?
Yes.
Will the presentation of direct evidence bar the presentation of circumstantial evidence?
No.
If the witness testified that he saw a gun in the house of the accused and the accused denied
guilt, what is the use of such testimony?
The testimony may be used as circumstantial evidence.
Kinds of Collateral Matters:
1) Antecedent – Those that precede the fact in issue.
Ex. The accused was seen entering the room of the victim before he was shot.
Ex. Motive or Plan.
2) Concomitant – Those that surround or accompany the fact in issue. May establish an
opportunity to commit the crime or incompatibility of committing it.
Ex. Someone saw the accused holding the gun.
3) Subsequent – Those that occur following the happening of the fact in issue.
Ex. Someone saw the accused run out of the room of the victim.
When is evidence of opportunity important?
When there is no direct evidence.
Must the opportunity be exclusive to the accused?
No.
What is the effect of evidence when only one of the two accused fired the gun in the absence of
proof of conspiracy?
Only the one who fired the shot will be convicted in absence of conspiracy.
Explain the incompatible concomitant circumstance for the unlikeliness of person donating to
another?
Hating someone is incompatible with the idea of making a donation to him.
Explain why alibi is an incompatible concomitant circumstance?
It is impossible for a person to be in two places at the same time.
If the evidence in a criminal case admits of two interpretations, one of guild and the other of
innocence, how must the court rule?
The court favors the innocence of the accused.
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The accused was seen near the road the victim took, is that direct evidence?
No, it is merely circumstantial
What is motive?
It is an inner drive that causes a person to act in a certain way.
When is motive important?
If there is serious doubt as to the identity of the culprit.
February 2, 2016 (Additional notes other than those written in the book)
What type of evidence is a DNA test?
Medical or scientific evidence
Is the ruling on evidence’s relevance subject to appeal?
G.R.: No. It is merely an interrogatory order. Its ruling is subject to the discretion of the trial court
judge.
EXPN: Grave abuse of discretion. (Ex. All of the prosecution’s witnesses were overruled.)
What is the rule on testimony when the subject matter of the case is illegal drugs?
G.R.: The chain of custody rule must be followed; the chemist will not be the first to handle and testify
on the same without the testimony of the police officer who seized the articles.
EXPN: Conditional admissibility
Who has the burden in proving the connecting evidence?
The opposing party; his silence amounts to a waiver
Is the example positive or negative evidence: “I was in class but I didn’t see Cesar raise his
hand.”?
Positive evidence; the witness has personal knowledge
Is the example positive or negative evidence: “I did not notice that Cesar didn’t raise his hand.”?
Negative evidence
*Usually, positive evidence is admissible while negative evidence is never presumed.
Who has the burden on proof that the evidence is not competent?
The opposing party; the one who needs to assail its competency shall bear the burden
Is the confession made by the accused to the police relevant?
Yes, when it is related to the matter in issue, especially when it is an evidence of guilt
Is the confession made by the accused to the police competent?
G.R.: No
EXPN: When there is waiver of presumption of innocence with the assistance of his counsel
*Fingerprints/DNA cannot lie
*Tender of excluded evidence shall be made part of the record of the case
What should be done when there is doubt as to the admissibility of evidence?
Admit the evidence
Can a trial judge go to the crime scene and interview who may have seen the crime happen?
No. He can’t be cross-examined. He may only ascertain the truth from the evidence adduced in the trial
What if the judge has personal knowledge? May he use it to resolve the case?
He must inhibit himself. No
When must the objection of the admissibility of evidence be proffered? At the time the same was
presented or as soon as the ground for objection becomes evident
What if the time for objection is not evident?
Motion to strike it out of the record once it becomes apparent
When shall evidence be disallowed even if the same is relevant and competent?
When it will:
1. Cause prejudice
2. Only confuse the issue (when the same is of little value on the issue presented)
3. Cause undue delay (when the same is of little value on the issue presented)
4. Cause needless presentation of cumulative evidence
FOURTH MEETING:
Where the evidence in a criminal case admits of two interpretation, one of guilt and the other is
innocence, how should the court make its ruling?
The court must acquit the accused since the evidence is not sufficient to convict.
What is cumulative evidence?
It refers to evidence of the same kind and character as that already given and that tends to prove the
same proposition.
If 5 witnesses saw Mauro attack Carlos, who’s testimony would constitute cumulative
evidence?
The 1st one would be the primary evidence.
The rest are the cumulative evidence. (2nd-5th witnesses)
What is corroborative evidence?
One that is supplementary to that already given tending to strengthen or confirm it. It is additional
evidence of a different character to the same point.
J. Abad: In our courts, a 2nd witness is considered as a corroborative testimony.
In a contested action for support, the man denied he fathered the child. What would be another
evidence of different kind that would also establish that?
The man can also present another evidence…such as DNA Test
What kind of evidence is the defense? The denial, what kind of evidence is that?
It is testimonial evidence.
What kind of evidence is the DNA Test?
It is scientific evidence.
Is corroborative evidence always required?
No, Sir. A corroborative evidence is not always required because a testimony of a one witness may
already convey (10:30)….
 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 7

When is corroborative evidence is required?

When the standing of a witness is questionable. J. Abad: Actually, the court cannot order the disclosure of such tape against the will of the parties, with
the exception of certain crimes.
When is the corroboration a child witness not required?
Can one of the parties record the conversation and used it as evidence when he files an action
In criminal cases like rape. It is not required because the child is presumed to be credible enough. against the other party?
(Presumption of credibility in such case) No, he cannot.

When is a testimony regarded as a positive evidence? Can the complainant record his conversation with a person blackmailing him and use it as
When a witness affirms in the stand that a certain state of facts does exist or that a certain event evidence against such person?
happened. No.

Are these statements of a witness positive? J. Abad: Yes. The law is not intended to protect blackmailers.
1. I saw Celia slapped Jose - Yes
2. The passenger in the bus testified that the bus did not stop – Yes Is the recording of conversation made in the presence of other people a violation of law?
No. Because it is no longer a private conversation.
When is a testimony of a witness regarded as negative evidence?
When the witness states that an event did not occur or that the state of facts alleged to exist does not For what crime may conversations be recorded?
actually exist. Provided there is court order, crimes against public security.
a. Treason
J. Abad: If negative, it is when the witness did not observe, did not, did not hear, did not know, did not b. Espionage
smell. c. Provoking war and disloyalty in case of awar
d. Piracy
Is the following positive or negative evidence? e. Mutiny in high seas
1. The professor was absent – Positive f. Rebellion
2. I was in class but I did not notice Caesar raised his hands to recite – Negative g. Conspiracy and proposal to commit rebellion
h. Inciting to rebellion
Which has greater weight, a positive evidence or negative evidence? i. Sedition
Positive evidence j. Conspiracy to commit sedition
k. Inciting to sedition
Why? l. Kidnapping
Because it is more impossible to remember what actually transpired than to remember what did not
happen. NOTE: The rules governing seizure of evidence as a result of.....in criminal procedure is not evidence

If two witnesses had dinner with the accused and one testified that accused drank liquor and
the other testified he did not, which has greater weight?
Both. They have the same weight because both are positive evidence.
Is the following positive or negative evidence?
One of the students in class says he did raise his hand to recite the whole time they were in class –
positive;
Is the accused’s assertion he did not commit the crime a positive or negative evidence?
J. Abad: Well that is different. If there is denial, it is considered as negative evidence that cannot
overcome a positive evidence
How are findings of facts of the trial court treated by the appellate courts?
They are accorded with great respect and weight.
When will this rule not apply?
When some fact or circumstance has been overlooked, misappreciated, or misunderstood by the trial
court and the consideration of such fact will alter the result of the trial.
Will this rule apply if the trial judge, who decided the case, is not the judge who received the
evidence of the parties? In other words, will this rule apply with respect to the new judge who
took over after trial and decides the case?
No.

What kind of evidence does the Anti-Wire Tapping Law considers inadmissible? Why not?
If the evidence presented in court does not have a court order or the agent or the officer having such Because he does not have the advantage of observing the demeanor of the witness unlike the original
wire-tapped conversation does not have the authority to have such conversation judge.

J. Abad: If it’s a private conversation, you cannot record it without the consent of both parties. And if Will the testimony of several witnesses weigh heavier than the testimony of one witness?
you tape it, it’s a crime to disclose the contents of the tape. No. Witness are to be weighed (tinitimbangdawang witness. Lol) and not numbered.

When such communication or information be presented as evidence? How about discrepancies between what the witness said in his affidavit and his testimonies
When there is consent of both parties. made in court?
 8 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]
The testimonies by the witness that was made in court would be given a greater weight than the
testimonies in the affidavit. The former shall prevail.
What is the Doctrine of Falsus In Uno, Falsus In Omnibus (Fales in One Thing, False in
Everything)?
If the testimony of a witness on a material issue is willfully false and given with an intention to
deceive, the jury may disregard all the witnesses’ testimony.
J. Abad: One lie will destroy the other testimonies
Is this doctrine consistently applied?
No. It would depend on the testimony. It is to be weighed and not taken as a whole.
Book: It is not absolute rule of law. It deals only with the weight of the evidence and is not positive rule
of law.
What is an alibi?
It is a form of defense in which the defendant would state that he was not in the scene of the crime
because he was in another place.
What weight do courts give to alibis?
A defense of alibi is inherently weak and must be rejected when the identity of the accused is
satisfactorily and categorically established by the eyewitnesses to the offense, especially when such
eyewitnesses have no ill-motive to testify falsely.
When will the defense of alibi matter?
If it supported by other evidence.
Example? Give me an example of an impregnable alibi?
J. Abad: If the accused is abroad and his passport shows and the immigration record shows that he
entered into another country and left later on.
Or if you’re in jail. You cannot be let out of jail and commit a crime.
Will the weakness of an alibi make up for the weakness of the prosecution’s evidence? Can the
prosecution rely on the weakness of the alibi?
No because there is the presumption of innocence on the part of accused.
What’s the duty of the prosecution?
To prove the accused is guilty beyond reasonable doubt.
When will the defense of police frame-up in drugs case merit relief?
The defense must adduce clear and convincing evidence to overcome the presumption that
governmental officials have performed their duties in a regular and proper manner.
Does delay in reporting a crime affect the credibility of the complainant?
J. Abad: As a rule, it will. What will be the natural reaction of a person violated? To complain. That’s
why it does not make for a person, whose right has been seriously aggrieved to keep quiet.
Explain the way of delay.
Delay may not affect the credibility of the complainant because it may just due to the fear of the
complainant. (Fear of reprisal or social intimidation)
The court excluded Jose’s confession on the ground of lack of independent proof of conspiracy
when it was offered against Caesar, his co-accused. Can the prosecution offer the confession
against Jose himself?
Yes. Under the Doctrine of Multiple Admissibility, the court may admit it against the other party even
if it’s in deterrent of the other accused.
In a drugs case, can the chemist testify that the seized substance examined was a prohibited
drug when at that point in time the police officer who seized the drug did not yet testify that the
sale was….of the accused?
Ordinarily, no. But the court can have it conditionally admitted (conditional admissibility).
Can a weak alibi be taken against the accused to prove guilt beyond reasonable doubt? [not
sure about the exact words used in this question]
No. He should be acquitted.
What is competent evidence?
One that is not excluded by law or rules in a particular case
Who has the burden of showing whether is a particular evidence is competent or no?
The one who challenges the defense.
Is a confession made before a police relevant evidence?
Yes.
But is such confession competent evidence of guilt?
As a rule, it is not admissible. The only exception is to prove the compliance with the requirements of
[37:38]
What is burden of proof?
The obligation of a party to a litigation to persuade the court that he is entitled to relief
Who has the burden of proving a counterclaim?
The burden of proving the existence of the claim lies with the defendant
Who has the burden of proving that the signature on a notarized document is not his?
Presumably, all notarized documents are duly executed.
One who denies the due execution of a deed where one’s signature appears has the burden of proving
that, contrary to the recital of the jurat, one never appeared before the notary public and
acknowledged the deed to be a voluntary act
Who has the burden of proving that the defense’s negligence was the proximate cause of the
plaintiff’s injuries?
The plaintiff has the burden of proof. The presumption is that a person acted with care. He who claims
otherwise has the burden of proving period of imprescriptibility (?)
NOTE: One who alleges a wrongdoing or a wrongful omission has the burden of showing it. Because
the presumption is people act in good faith. He who alleges the contrary, must prove the contrary.
What is proof?
Proof is the effect or result of evidence. It is required degree of belief in order to establish evidence.
Example: The requirement of proof beyond reasonable doubt that X killed Y.
 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 9

What is burden of proof?

The duty of the party to present evidence on fact in issue in order to establish his claim or defense by In labor case, where must the balance tilt even if the one who initiated the action is the
the amount of evidence required by law. [Correlate with the same previous question] employee?
The balance must tilt in favor of the employee.
Example: The prosecution has the burden of proof in establishing that X is guilty beyond reasonable
doubt. What is a presumption?
It is an inference drawn from a given fact….
Who has in general the burden of proof in case?
Generally, it is the party who asserts the issue at the beginning of the case. That can be plaintiff or Book: It is an assumption of fact resulting from a rule of law which requires such act to be assumed
defendant. from another fact or group of facts found or otherwise establish in the action.

J. Abad: If you make an affirmative defense, the burden is yours to prove that defense. Burden of proof What are the kinds of presumptions?
does not shift. It remains with you until the case is done. a. Presumption of law
b. Presumption of fact
Example: In an action of a sum of money, the plaintiff places upon himself the burden of proving the
existence of the debt and the non-payment of the same despite a proper demand upon the defendant What is the presumption of law?
on or after the due date of the obligation.
The presumption that an accused is innocent of the crime charged until the contrary is proven.
In a criminal case, the prosecution, which claims that the accused stole the cellphone, has the burden
of proving its claim. What is an assumption of fact?
It is evidentiary.
In an action for damages arising from the defendant’s alleged negligence, the defendant claims
that the court lies on the 3rd party. Who has the burden of proof in such a case? Book: it arises because reason itself allows a presumption from the facts.
The plaintiff and defendant has the both the burden of proof of showing the affirmative their claims
When is a presumption conclusive?
When does the burden of proof lie in action to recover damages arising from the fault of the A presumption is conclusive if it is irrebuttable upon the presentation of the evidence and any
common carrier? evidence tending to rebut the presumption is not admissible.
The passenger-plaintiff does not have the burden of proving the defendant carrier’s negligence since
common carriers are presumed to have been at fault, or to have aced negligently in case of death or When is a presumption disputable?
injuries to passengers. If it may be contradicted or overcome by other evidence.

The defendant has the burden of proof to show that he observed the extraordinary diligence required
by law.
In an action for money, who has the burden of proof if the defendant fails payment?
The burden of proof lies with the defendant to prove that there is payment.
What are regarded as a conclusive presumption?
a. Whenever a party has, by his own declaration, act, or omission, intentionally or deliberately led
another to believe a particular thing is 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. (Doctrine of
Estoppel)

Who has the burden of proof in an action brought by the employee against the employer b. The tenant is not permitted to deny the title of his landlord at the time of the commencement of
alleging illegal dismissal? the relation of landlord and tenant between them
It lies with the employee.
What is Estoppel?
J. Abad: The fact is that he (EE) has already been dismissed. The burden is within the ER to show that It is an equitable principle, rooted upon natural justice, prevents persons from going back on their
the dismissal is for a valid and just cause. own acts and representations, to the prejudice of others who have relied on them.

Who has the burden a proof respecting an insurance claim?
Initially, the insured has the burden of proving that the cause of the injury is within the covered peril.
Once that it is established, the burden shifts to the insurer to show that the injury is an excluded peril.
What is the Equipoise Rule?
It refers to a situation where the evidence of the parties is evenly balanced, or there is doubt on which
side the evidence preponderates (or weighs more heavily).
Who will win in such situation?
The decision should be against the party with the burden of proof.
X uses a piece of land for 10 years. Can Y question the right of X to collect from him on the
ground that he does not own the land?
See letter (b) of conclusive presumptions above.
What is the disputable presumption regarding the performance of official duties?
The presumption is that the official duty has been regularly performed.
What do you mean regularly?
That the official function has been properly performed.
Do police officers enjoy the presumption of regular performance of their duties?
 10 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]

Yes. But it may be rebutted by clear and convincing evidence to the contrary. What is the presumption regarding the course of business followed?
That it was made in the ordinary course.
Does the presumption of regularity in the performance of official duties apply to court
proceedings? What is the presumption regarding the adequacy of consideration for a contract?
Yes. That the consideration was sufficient.

Does the presumption apply during in custodial investigation? What is the presumption regarding consideration given for a negotiable instrument?
No. That the consideration was sufficient.

Why not? Can a prosecution draw strength from the weakness of the defense?
Because it is incumbent upon the prosecution to prove during the trial that prior to questioning, the No. The prosecution has the duty to prove that the defense is guilty beyond reasonable doubt.
confessant was warned of his constitutionally-protected rights. (Presumption of Innocence)

Does the presumption of regularity in the performance of official duties prevail over the When will the presumption that evidence willfully suppressed, if produced, will not apply?
presumption of innocence of the accused? a. The evidence is at the disposal of both parties
No. b. The suppression was not willful
c. It is merely corroborative or cumulative
What is the presumption regarding the allegation that a person committed a crime or not? d. The suppression is an exercise of a privilege such as a it is covered by the privileged
The person is presumed innocent. communication between physician and patient

What intent may be presumed when an unlawful act was done? What will counter the presumption that a mail matter sent by registered mail was received in
That there is unlawful intent (answer was not clearly stated) the regular course of mailing?
By simple denial of receipt.
What consequences may a person be presumed to intent by his voluntary act?
The person presumes the ordinary consequences of the act. Will the absence of logbook where marriage licenses are recorded constitute conclusive proof
of non-issuance of the assailed marriage license?
What kind of care may a person presume to take regarding his business? No.
Ordinary care.
Book: It can also mean that the logbook just cannot be found. In the absence of showing of diligent
What may be presumed if evidence is willfully suppressed? efforts to search for the said logbook, it cannot easily be accepted that absence of the same also means
The presumption is that evidence would be adverse to the person who suppressed the document. non-existence or falsity of entries therein.

What may be presumed when money is paid by one to another?
That the payment is due to the recipient at that time.
What may be presumed when a thing is delivered by one to another?
That the thing belonged to the latter.
J. Abad: Presumption of marriage cannot be easily set aside.
Are the conclusive and disputable presumptions under Sec. 2 and 3 of Rule 131 substantive or
procedural?
Procedural. It confers no obligations or rights.

What may be presumed when the obligation is delivered up to the debtor?
It has already been paid.
What is the presumption when a receipt for later rents or installments is produced with
respect to earlier rents?
That prior rents had been paid.
What is the presumption regarding his authority when a person is acting in public office?
That he was regularly appointed or elected to it.
What is the presumption regarding his authority when a court or judge acted as such?
That he was acting in the lawful exercise of jurisdiction.
What is the presumption regarding the conduct of private transactions?
Presumed to be fair and regular.
There are certain presumptions based on substantive law. What are these?
a. Presumption of a legitimacy of a child.
b. Presumption that in case of separation of parents, that parent chosen by the child over 7 years of
age is deemed vested with parental authority.
c. Presumption of fraud on the donation of property by gratuitous title when the donor cannot pay
his debt.
d. Presumed liabilities of an employer for the acts of their employees made within the scope of their
work
e. The ruling on the validity of claims for compensation from the Employees’ Compensation
Commission will render obsolete…
f. The presumption that under certain circumstance, the document or conveyance is only an
equitable mortgage.
g. The presumed fault of common carriers
h. The presumption that a driver was negligent if he have been found guilty of reckless driving or
violating traffic rules
i. The presumption of liability for death arising from possession of weapons or substances (?)
 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 11

What must the court consider in determining where lies the preponderance of superior weight
Is there a presumption of legitimacy or illegitimacy born within 300 days following the of evidence on the issues involved?
dissolution of marriage or separation of spouses? a. All the facts and circumstances of the case
None. b. The witnesses’ manner of testing, 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
Presumptions based on established doctrines (not procedural) improbability of their testimony
a. A contract is what it purports to be c. Witnesses’ interest or want of interest, and also their personal credibility so far as the same may
b. Res ipsa loquitur ultimately appear in the trial
d. The number of witnesses, although it does mean that the preponderance is necessarily with the
For what purposes may a person be considered dead after an absence of seven (7) years? greater number
For all purposes but not for opening of succession.
May the court consider the number of witnesses?
For how long would such person be absent for the purpose of succession? Yes. (see letter D above)
For the purpose of opening succession, the person must be absent for 10 years.
Preponderance is about the greater weight of evidence…
When may an absent be presumed dead for purposes of succession even when he is absent only
for five (5) years? What quantum of evidence is required to establish one’s claim in cases before administrative
If he has disappeared at the age of 75. or quasi-judicial bodies?
Substantial evidence
When may a person be deemed dead for all purposes including succession after an absence of 4
years?
When the person has been lost when on board a plane or a ship, or if part of the military during war
(?) and other extraordinary circumstances when there is danger of death

When may the present spouse contract another marriage after the absence of the other spouse 5th meeting
for four (4) consecutive years? Burden of proof
When he or she has reason to believed that the spouse is already dead.
Who has the burden of proof in disbarment cases?
What action must the present spouse must institute before remarrying? The Complainant has the burden of prove by establishing his claim by clear and convincing against the
Make a declaration of presumptive death. lawyer being disbarred. But in another case, the evidence required is proof beyond reasonable doubt.
This is an administrative case, but in such a case the proof required is substantial evidence. But in a
Presumption based on jurisprudene: disbarment case, it’s either clear and convincing evidence or proof beyond reasonable doubt.
a. A contract is what it purports to be
b. One found in possession of….documents is the forger Who has the burden of proof with respect to an insurance claim?
Initially, the beneficiary has the burden of proving that the cause of injury is caused by a covered peril.
What is the quantum of evidence in a criminal case? For example, the house is burned, the insured has to prove that the house was burned and it is a
Proof beyond reasonable doubt covered peril. Once it is established, the burden shifts to the insurer to show that the injury was rather
caused by an exempted peril stipulated by the parties. For example, the fire was caused by explosion
What does it mean? which is excluded by the insurance. So the burden is upon the insurance company to show that
A degree of proof which produces conviction in an unprejudiced mind. explosion is an exempted peril.

Does this quantum of evidence apply to all the elements of the crime charged? Must it prove all Who has the burden of proof in the following cases:
the elements? Claim for the purpose of preliminary attachment?
Yes. If the defendant who has been guilty of fraud, it is usually the plaintiff who has the burden of proof by
clear and convincing evidence.
Must it produce the absolute certainty and preclude all the possibility of error in making the
judgement? Validity of a law that tends to infringe freedom of speech and expression?
No. It only requires moral certainty. It has to be shown that it does not violate freedom of speech and expression.

What is the quantum of evidence required in a civil case? In case of constitutionality of a statute?
Preponderance of evidence Also by clear and convincing evidence.

Who must establish such quantum of evidence? The claim for extraordinary inflation.
The party having the proof must establish his case by preponderance of evidence. Also by clear and convincing evidence
 12 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]
The executive department’s claim of privilege from disclosing confidential information?
Also by clear and convincing evidence
What is the test in determining where the burden of proof lies?
The test is to ask, in case of a pleading, which party to an action will fail to obtain the relief he seeks if
you offer no evidence to show the facts that entitles him to such relief.
There are two kinds of defense in proceedings. One is denial. There is denial when you deny that you
borrowed money from the other party. The plaintiff has the burden of proof to show that you owe him
money. But if your defense is an affirmative defences that you already pay him, it means to say that
you admit that you owed money but you have the affirmative defense of payment. Here, you bear the
burden because in a way you admit liability but your defense is payment.
Does the burden of proof shifts from one party to the other?
No. In a criminal case, the burden of proof is on the prosecution. After the prosecution has presented
evidence, the burden of proof does not shift to the accused, only the burden of evidence.
What is burden of evidence?
It is the duty of a party to go forward with evidence to overthrow the prima facie evidence against
him. For example, in a civil action for damages arising from the negligence of the defendant, the
burden of evidence naturally shifts to the defendant to prove that he was not negligent. Unless the
defendant moves forward to presenting evidence, it is likely that the judgment will be rendered
against him.
What is the quantum of proof in a criminal case?
Proof beyond reasonable doubt.
Does it preclude possibility of error?
No.
What kind of certainty is required?
Moral certainty. That which produces conviction in an unprejudiced mind.
Does the quantum of evidence apply to all elements of a crime charged?
Yes.
What is the quantum of evidence required in civil cases?
Preponderance of evidence to be established by the one who asserts his claim. The one who has a
stronger evidence. Both plaintiff and the defendant with respect to their respective claim.
What factors must the court consider in ascertaining which of the parties has the
preponderance of superior weight?
All the facts and circumstances of the case; the witness’ manner of testifying; the intelligence of the
witness; the duty to know the facts and its nature.
May the court consider the number of witnesses?
It is the quality and weight of the testimony that is being considered.
What quantum of evidence is required in an administrative case?
Substantial evidence that is what a reasonable mind considered adequate to justify a conclusion. A
Reasonable mind is the one who can see reason and logic.
What is the quantum of evidence required in establishing a claim in a petition for writ of
habeas corpus?
Substantial evidence which is the weakest kind. The highest kind of proof is proof beyond reasonable
doubt and next is clear and convincing evidence then preponderance of evidence. Substantial evidence
doesn’t mean it requires large amount of evidence but rather it means substantially sufficient.
The petitioner needs to show the likelihood that the missing person is with the military. They don’t
need to prove the liability of the military by clear and convincing evidence or by proof beyond
reasonable doubt.
Will being absolved in a administrative case guaranteed the acquittal from the criminal case?
No. They are independent from each other. The quantum of proof is different.
What is the requirement of clear and convincing evidence?
If it produces in the mind of the trier of fact a frim belief or conviction as to allegations sought to be
established. The rules does not provide when do you apply this kind of evidence. Some examples are
in cases of extradition, acts of notarizing public document, in acts to establish bad faith, to prove fraud
and forgery in civil action, in reconveyance of property, to prove frame-up in drugs cases, to prove
denial or alibi, to warrant award of moral damages in labor cases and to overcome the presumption of
regularity in the performance of duty by police officer.
There is no pattern in the SC’s demand for clear and convincing evidence. if the charge appears to
them to be more serious than civil cases but less serious than criminal case, it requires clear and
convincing evidence. Although there is no rational common thread here.
What are the factors to be considered in assessing the probative weight of electronic evidence?
1. The manner the evidence was generated.
2. The reliability of the manner in which its originator was identified;
3. thr integrity of the information and communication;
4. the familiarity of the witness or the person who made the entry with the communication and
information system;
5. The nature and quality of the information which went into the communication and information
system.
How are the above factors established?
By the affidavit stating the facts of direct personal knowledge of the affiant or based on authentic
records.
Judicial Notice
What Is the duty of a litigant with respect to their claims against each other?
By proving all the facts that the court ought to know with respect to his claim.
Does a party need to present evidence to prove every fact that needs to support him?
No. There are facts that the court can take judicial notice of. It is acknowledgment of a point as a
matter of fact and no evidence is needed to establish them.
What are those matters of fact that the court can take judicial notice of?
Sec 1 Rule 129: The existence and territorial extent of states, their political history, forms of
government and symbols of nationality, the law of the nations, the admiralty and marine courts of the
world and their seals, the political constitution and history of the Philippines, the official acts of the
legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of
time, and the geographical divisions.
What makes these facts deemed proven even no evidence has been adduced regarding them?
They are commonly known facts. Everybody knows these facts. Convenience and expediency demand
their acceptance as facts.
Why it is required to take judicial notice of the decisions of the Supreme Court?
The decisions of the SC are binding precedents.
Can the court take judicial notice of a party’s affidavit attached to his pleading but which is not
offered in evidence?
No. Although it is in the record, it must be offered as evidence because the court can only considered
those that are offered.

Can the court take judicial notice of the facts of the act of the president in agreeing in a foreign
government that there is continuance of the project agreement?
Yes because it is an official act of the president.
Can the judge refuse to take judicial notice of the facts mandated by the rules if in reality he is
not aware of such facts?
No. He is supposed to know those facts and be knowledgeable about it. He should inform himself of
what is commonly known and accessible.
May the court take judicial notice of the acts of foreign government?
Yes. But the court should take caution of it. The court must take caution of foreign relations. Anything
that affects us and foreign country and falls within the realm of the executive department, we must
take judicial notice of.
May the court take judicial notice of a state of war between foreign powers?
Yes.
When is judicial notice discretionary on the part of the courts?
When it concerns matters of public knowledge (limited audience) not common knowledge (everybody
knows it), when it is capable of unquestionable demonstration and when it is ought to be known to the
judges because of their judicial function.
What is the test for taking judicial notice of matters of public knowledge?
When it is notoriously known. It is notoriously known as to make a judge or the court to assume its
existence without proof or without presenting evidence. for example, UST is in Espana.
Must all men have knowledge of the thing before the court take judicial notice of it?
No. It is sufficient that most men or a greater number has the knowledge of it. Universality of
knowledge is not required.
What are the requisites of discretionary judicial notice?
1. it must be one of common knowledge.
2. it must be settled beyond reasonable doubt
3. the knowledge must exist within the jurisdiction of the court.
What are the things of common knowledge?
When it is generally accepted by the mind of mankind or of thse accepted by the rational mind.
What are those matters that are capable of unquestionable demonstrations?
Those that are certain in scientific and professional matters.
Can the court take judicial notice of a value of piece of land subject of appropriation?
No because the value of land is not of common knowledge. He just needs to call witnesses to testify
regarding the value of the land.
When is hearing necessary in taking judicial notice of a fact?
Motu Propio and upon motion of the parties. (Justice Abad said it is both)
Can the taking of judicial notice be done in appellate court?
Yes.
What is the purpose of notice and hearing?
To determine the propriety of the taking of judicial notice because a party can dispute such.
[3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 13
May the court take judicial notice of foreign laws?
GR: NO.
XPN: if it is alleged and when a foreign law is already been invoked in a decision of the SC.
How are foreign laws proved?
By its official publication or by the attestation of the appropriate official of Philippines for such
country. (Google citation is now accepted by the SC.)
To what law of nations refer?
They refer to international law, the generally accepted principles.
Can the court take judicial notice of municipal ordinances?
Yes, RTC and MTC can take judicial notice of ordinances. Also CA can take judicial notice of such.
A Manila RTC Judge take a judicial notice of a fact that Vicente G.Cruz Street is in Sampaloc
Manila. Can he do so even though that it is not a nationally known fact?
Yes. Even though it is not nationally known, it is sufficient that the matter is known in the local
community where the court sits. Also that segment of the public which the fact is of relevant
importance or to specialized group of people that deals with such matters (i.e map makers?)
Can a court take judicial notice of a fact of paternity of a child even though he is not a
physician?
Yes.
Can a court take judicial notice of learned witnesses(?)?
Yes. Examples are text books of which the writer is well-known as experts.
Are administrative rules issued by government agencies subject to judicial notice?
Yes. They are capable of unquestionable demonstration even though they are not notoriously known.
Unquestionable demonstration essentially refers to scientific and professional matter.
Are presidential proclamations subject to judicial notice?
Yes
May the courts take judicial notice of executive grants of amnesty?
It depends. If it is publicized, yes. But not necessarily on specific orders of executive clemency.
Can the court take judicial notice of an affidavit attached to the record of the case when it is not
offered?
No. Unless it is for the purpose of attaching it as information, it must be formally offered. It will only be
introduced not as to the matters of its contents but only to its existence. But if it is attached to the
preliminary investigation ot determine probable cause, yes.
May a court take judicial notice of the record of other cases solved before it?
GR: No. There will be unfairness to the other party who does not aware about it. It will deny due
process.
XPN: When will a court take judicial notice of the record of other cases?1. in the absence of any
objection and with the knowledge of opposing party, the contents of said other case are clearly
referred to by title an number in a pending action adopted or read into the record of the latter
2. When the original record of the other case or any part of it is actually withdraw from the archives at
the court’s discretion upon the request or with the consent of the parties and admitted as part of the
record of the pending case.
 14 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]

Can the court take judicial notice of the following: Do you have to prove in court the admissions that people make?
Its own acts and records of the same case? Yes Yes. As a general rule.
Proprietary acts of GOCCs? No
Post Office practices? No What kind of admission does not require proof?
Practices of Bank practices? Yes Judicial Admissions.
Financial deficiencies of governments? Yes
Executive orders of President? Yes What form of admission do these consist of?
Increased in rentals of real estate? Yes Verbal or written.
Administrative regulations not yet effective? No
Age of complainant in a rape case? No In what occasion is this made?
Parctice of teleconferencing? Yes In the course of the proceedings in the same case.
Filipino Woman’s inbred modesty and shyness? Yes
Clogged dockets in some courts? Yes On what universal principle is this rule based? Why is an admission taken against you? Why is
Findings that scientific drug abuse can damage mental faculties? Yes it binding against you and there’s no oath required?
Person have killed for no reasons at all? Yes Principle of estoppel. Parties have the duty to state the truth in judicial proceedings to enable the
New address of a lawyer? No courts to act justly in case consequently a party in estoppel to disown what he says in the court. If you
Address of Standing of a person in community? No say something in Court, it is supposed to be a solemn and formal proceeding, you cannot do that.
Residence of a congressman? Yes
Can judicial admissions be contradicted?
Can a court take judicial notice of defendant’s claim that his coconut business in Tacloban City No. As a rule it cannot be contradicted.
suffered financial reversion in 2013 because of Yolanda?
Yes. So how can it be contradicted? (Exception)
By showing that it was made through palpable mistake or that no such admission was made.
Can the court affirm that Pres. Estrada abandoned his position?
Yes. What proceedings does the rule on admission embrace?
Judicial proceedings. Stages in the proceedings – pre- trial, trial, pleadings, discovery proceedings (to
Can a court take judicial notice of the fact that wickedness abounds in the cyberspace request for admission). Deposition is not actually evidence already. It has to be offered only when the
prompting the enactment of the law regulating abuse? witness cannot testify – when he is abroad. Technically, it is not part of judicial proceedings. But
Yes. request for admission, that is admission in the course of proceedings.

Can the court take judicial notice of the fact that Philippine rate population is exploding As a rule, can a party disown what he said in a pleading?
prompting the enactment of the RH Law? No. As a general rule a party cannot disown what he said in a pleading unless there is a showing that
Yes there is palpable mistake or that there was no admission made.

Can the court take judicial notice of the following legislative acts?
Women have been discriminated in the workplace before? Yes
Electronic methods allowing intrusion of person’s privacy? Yes
Bargaining power of employees? Yes
What facts can a court take judicial notice of?
Historical facts, geographical facts, changing season, rising and setting of the sun, weather conditions,
arts and sciences, religious matter, commercial facts like rate of exchange, nature of corporation,
imposition of VAT.
May evidence be received to contradict a fact that the court had already taken judicial notice
of?
No. It will defeat the purpose of taking judicial notice.
If he subsequently makes inconsistent statements with his admission in the proceedings, how
should these inconsistencies be treated?
The inconsistencies must be ignored by the court.
Is the judicial admission of one party binding to the other party?
No. Not binding to the one who did not make it.
Is there a need to formally offer the admission that the party made in his pleading?
No. The admission in the pleading is considered as an admitted fact. You don’t need to formally offer a
judicial admission.
How does the admission that the adverse party makes differ from his admission made outside
of court?
Made outside of court – can be contradicted, must be formally offered before it can be admitted.

What is the effect of admissions made in a pleading after it has been amended?
The original complaint becomes an extrajudicial admission. It is superseded by the amended pleading.
What do you understand about admission?
Acquiescence in truth of an allegation. Pag-aminnatotooangisangbagay What happens to the superseded pleading?
It becomes an extrajudicial admission. It has to be offered in evidence.

Feria: it can be presented against him. It does not require proof, even if it is not offered in evidence.
Abad: It must be formally offered. Since the parties are allowed to withdraw by amending their
pleadings, it makes no sense to regard the superseded pleadings as still part of the record after it has
been withdrawn.
We say the parties are bound by the allegations he makes.
Can he also be bound by the allegations in the pleading of the other party?
No. The rule is you cannot be bound by what other people say.
Exception?
If you file your answer and you do not deny specifically the allegations of the plaintiff, you are deemed
to admit it. That is judicial admission also – the failure to deny an affirmative allegation.
May admissions in another case be admitted?
GR: No.
Exception: Treated as an extrajudicial admission, it may be offered as evidence.
When is the defendant’s admission in his answer not conclusive upon him?
When it is made through palpable mistake or when no such admission was made.
What do you mean by palpable mistake?
Obvious or plainly visible.
Example: When the plaintiff stated that the contract attached to the complaint was notarized, when
you look at the contract it is not notarized. Allegation in the pleading is a mistake because the contract
is not actually notarized.
Is the client bound by counsel’s admission in the course of the proceedings?
Yes. Principal and agent relationship (Civil Code)
Is this the case even if the client did not sign the pleading?
Yes.
Suppose the client does not have personal knowledge of the admitted facts, is the client bound?
Yes. He is still bound. Knowledge of the agent is also knowledge of the principal. He is action on his
behalf.
Will admissions of the lawyer for his client in another case be binding on the latter?
GR: No.
Exc: Provided it is with the authorization from the client.
Does a counsel’s incidental remark bind his client? “I can’t believe my client would tolerate
such behavior”
Examine the context. Whose belief is this? Lawyer is expressing disbelief. Not what the client is saying.
Stipulations made in the course of the trial, example: May 5 2013 was a dark night. It was a moonless
night. And the lawyer agrees and he stipulates it, it binds the client. The context must be on the facts of
the case.
Is a third party’s affidavit which is adopted by the party litigant admissible as evidence against
such party litigant? He presented the affidavit of someone else, is that binding on you?
Yes. You are bound by the testimony of the witness you present. If you present a person then you
warrant that the witness is telling the truth. So as a rule, you are bound by it. Sometimes a witness can
[3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 15
turn against you and say something different from what he told you then you have a right or
procedure for discrediting that witness. As a rule, you cannot discredit your witness.
The affidavit in a replevin suit that states the value of the property you want to attach, can such
value in the affidavit be regarded as plaintiff’s judicial admission?
Yes.
Are requests for admission in discovery proceedings regarded as judicial admissions?
Yes. If you deny or admit, that will be binding on you. But this is different from deposition-taking. As a
discovery, it is not immediately part of the evidence. In a sense, it is extra-judicial. You present it only
if the witness cannot testify – if he is sick or he died.
Is a plea of guilty in a criminal case a form of judicial admission?
Yes.
Are those in the pre-trial in a criminal case considered as judicial admission?
During pre-trial, it has to be signed by both the accused and counsel to be binding on the accused.
When the prosecution and the accused stipulate on the facts during trial, are such stipulations
binding as judicial admission?
Yes. Even if they did not sign it because it was during trial. Admissions during trial is in writing also
and made in the presence of the judge who attest to such fact when it is made. The witness is asked,
how far are you the accused when you saw him? Then you say, from here to that wall. Paano ma-
appreciate ng CA yun? So the lawyer should stipulate “Your honor, please I would like to request that
it be stipulated that the distance from where the witness is seated and that wall is 6 meters”. That is an
admission.
Is the conformity of the accused in the form of signature still needed in stipulations during the
course of trial?
No more. Only in pre-trial. Even if it was only the counsel, it will bind the client. The client will be
presumed to know the matter stipulated. For example, the lawyer admits a fact, it binds the client,
even if the client does not know the fact. The lawyer is an agent of the accused. He is the eyes and ears
of the accused. So what the lawyer admits can be imputed against the client.
When the accused testifies in his defense during trial, are his declarations in the nature of a
judicial admission?
No but such testimony can be used against him.
Why could his testimony not be taken as judicial admission?
It is testimonial, rather than admission.
Are the stipulations between the prosecution and the accused that if a witness is presented he
would testify to certain facts valid and binding?
Yes. The right of confrontation is a personal privilege that he may waive.
What is object evidence?
Addressed to the senses of the court.
What would warrant the presentation of object evidence?
When it is relevant to the facts in issue. Like a truck, you cannot bring the truck in a court room. If it is
relevant to the factual issue, then the object evidence may be presented.
How are object evidence presented in Court?
Present a witness who will identify the object evidence as related to the crime. According to the rules,
by exhibiting them to the view of the Judge. Present it in open court to the judge.
 16 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]
What are the 3 sources of knowledge? (Wigmore)
1. Testimony of a witness – acquire knowledge through a testimony of a witness.
Ex. The belief that a man has an iron hook for a hand, if the witness testifies on the existence of
the iron hook.
2. Circumstantial Evidence – belief is strong by inference from surrounding circumstances
Ex. Because of the hook marks he left
3. Object Evidence – direct self-perception or autopsy
Ex. The court inspects the man’s iron hand
Give us an example of object evidence in a crime of murder.
Knife used for killing the person, shirt, wearing apparel.
How does object evidence compare with other kinds of evidence in terms of probative value?
It is the highest kind of evidence. Object evidence does not lie. The gun will not lie. It speaks for itself
and it does not lie.
When is a document regarded as documentary evidence? and when is it regarded as object
evidence?
Documentary evidence – contents of the document.
Object evidence – existence of the document is in issue.
When the document is presented to show that it is forged, does the party offering it have to
comply with documentary evidence?
No. It is not the content you are trying to prove but the forged signature on the document.
The accused in a rape case presented a ring that belongs to the complainant and bore her
name. She supposedly gave it to him on valentines day in acknowledgment of their amorous
relationship. Is the ring an object evidence?
Yes. It shows intimacy between the two. The writing, however is documentary evidence.
Suppose the ring turned out to be too large when she tried it, is it useful as object evidence to
the prosecution?
Yes. To prove that it does not fit. It belies the allegation against the accused.
The oppositors claim that the will was void since the deceased and witnesses signed it in
different dates, although 2 witness say that they signed in one occasion using one pen but the
signatures of each other bore different colors, is the variance in color proper object evidence?
Yes. To show that they used different pens which implies that they signed in different occasions
because there is no reason why you would use different pens in one occasion.
What are the requisites of admissibility of object evidence?
Relevant and competent. It must also be authenticated.
To what physical senses of the court does object evidence apply?
Sight, Smell, Taste, Touch, Hearing.
Sense of vision?
Examining the object.
Sense of hearing?
Justice Abad’s story on the grand piano. Postponed the hearing.
Sense of taste?
The Court can taste. If it is fermented liquor…
Sense of smell?
Underwear. lol, the content of the battery
Sense of touch?
Hands of the complainant when he says his hands are always cold..
What are the requisites for the admissibility of tape and similar recording?
Taping is authentic, preserved, the speakers are correctly identified.
When is object evidence regarded as direct evidence?
Directly proves a fact in issue without need of testimony. Object is self-explanatory
Ex. Wound of a person. The nature of a wound does not need to be testified to by the physician.
When is object evidence regarded as circumstantial evidence?
Based on this evidence you can infer another fact.
Ex. Similarity of appearance of father and child.
May the judge use a mechanical aid such as a microscope to take part in an experiment?
Yes.
May the court allow demonstrations to show the effect of an injury?
Yes. Provided the witness is not placed on prolonged agony.
Ex. Limping.
Courts may also allow fingerprints, blood tests, reenactments, listening to a voice, fitting a dress or
gloves like O.J Simpson, singing a song or letting a young carabao find its mother between two female
carabaos (LOL).
Can the court allow demonstrations that would violate right against self-incrimination?
Certainly no. For example, compel an accused to testify against himself.
Accused has the absolute right to remain silent in a trial against him. He cannot be compelled to take
the witness stand unless he waives it. For example: requiring a specimen of his writing in court. This is
not allowed.
Name the two kinds of demonstrative evidence.
Selected – give specimen of genuine handwriting to experts who use standards of comparison.
Prepared – making of an object specifically used for trial. For example, scale model of a building.
What is the alternative if the needed object consists of sites, buildings, machineries and other
objects that cannot be brought to court? For example, truck. You cannot drive the truck to the
court.
Ocular inspection is the solution. In the ozone disco fire, the court conducted an ocular inspection for
the judge to see the place where many people died. For the CA to appreciate what the judge saw, be
sure to take a picture of the place that was subject of the ocular inspection which you will later on
mark.
When you are there, manifest your observations. Ex, distance between this place and the wall.
Manifest all the things that are good for your case and let it be placed on record.
Can a person be viewed to determine his age?
 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 17

Yes. It can be done but the court must state the reason for its estimate of age. Otherwise, it cannot - Scientifically valid technique
prevail over the testimonial evidence. - Scientific potential to produce new information
- Other factors that would affect the integrity of DNA testing
Are prohibited drugs object evidence?
Yes. Does this mean that only by court order that DNA testing can be done?
No.
What is the duty of the police officer who seize the prohibited drugs?
Inventory in the presence of the accused and his lawyer, representative from media and DOJ and an What would be the basis for assessing the probative value of the DNA evidence?
elected public official The integrity of the sample and process. The qualifications of the person who conducted the tests.
Within 24 hours, submit it to PDEA forensic lab for testing
Certification of forensic lab, done under oath May a person already convicted of a crime avail himself of DNA testing?
Yes. In a U.S case. In the Webb case, the NBI found the sperm sample but they did not know how to
What is the duty of the prosecutor concerning the presentation of drugs as evidence? preserve it.
Prove chain of custody. The best way to do it is when the officer who seized it puts it in a container
and seals it, and he signs it so it cannot be tampered. If it is given to the sergeant, it is preserved. Later Do photographs require authentication?
on, he will identify it as the same thing he signed. It will broken only by the chemist because he has to Yes by the person who is familiar with the scene or person portrayed. It need not be authenticated by
get a sample. He will then seal it again. So when it goes to court, it has two seals – seal of the seizing the photographer.
officer and the seal of the chemist. When they testify, they will identify the seals they made to show it
was preserved. The chain of custody has been preserved. The integrity of the drugs has been What is the weight accorded to authenticated photographs? Which would prevail between the
preserved. photograph and the testimony?
The authenticated photograph.
How is an object evidence authenticated?
By testimony of the witness. Evidence #7
By chain of custody.
Does tape recordings require authentication?
Why is there a need to authenticate object evidence? YES.
To prevent tampering and to ensure that no significant change on the previous condition has been
made. What kind of evidence is it?
Object Evidence
The witness testified that he saw the accused falsify the document. Is there a proper
authentication when he himself states that its contents were false? Who will authenticate it?
Yes, if what is authenticated is the existence of the falsified signature. The one who made the recordings.

What would be the legal basis for excluding an unauthenticated evidence? Who can authenticate photographs?
It is irrelevant – not connected to the crime The one who is familiar with the scene or the photographer himself.

What does DNA mean? What weight is accorded to the authenticated photographs?
Deoxyribonucleic acid. Found in every nucleic cell in the body. It will be given great weight and better than testimonial evidence.
Cell of a person is unique. Our DNA markings are difference from each other. Exc: Identical twins It is a satisfactory and conclusive evidence of what they portray.

What is DNA testing? May the court admit maps, diagrams and models as evidence?
Scientific method for determining judiciable certainty. YES. Aside from the requirement of relevance, they must be identified by a witness who is familiar
Whether two or more biological samples come from the same person. with the evidence depicts and that they are the accurate representation of the scene they portray.
The biological sample of related persons. Grace Poe and her relatives.
Are drawings and illustrations prepared by the witness before or during the trial admissible as
What do you understand by biological sample? evidence?
Any organic material originating from a person’s body. Even if found in inanimate objects, that is YES. Provided they are authenticated.
susceptible to DNA testing.
Ex. Blood, saliva and other body fluids and tissues Object evidence cannot be presented as evidence unless someone states that it is what it claims to be.

What is paraffin test?

What is the procedure for DNA evidence in a pending case? It is a test that can only establish the presence or absence of nitrates or nitrites on the hand, but tests
Apply with the Court and show that it is: alone cannot determine whether the source of the nitrates or nitrites was the firing of a gun.
- Relevant
- No prior tests were made Is it admissible as evidence?
 18 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]
YES.
Is it conclusive as evidence?
NO. They only indication of a possibility or probability but not infallibility that a person has fired a gun
since nitrates can be found in substances other than gunpowder.
What are the inherent limitations to the admissions of object evidence?
a. The issue on Relevancy; and
b. The possibility that the object evidence is illegally obtained. It can be replaced/planted or
substituted.
NON-Inherent limitations of object evidence:
a. Sometimes, it has little probative value and can only cause undue burden to the court and
parties;
b. It may be improper and indecent;
c. It is too inconvenient and unnecessary.
Can reenactment of a crime during a custodial investigation be admitted as evidence?
NO. It violates the right to silence of a person.
It is a form of a testimony. It uses intellect. It is considered as non-verbal testimony.
Is the inspection of the body in court proper object evidence?
YES. It may be necessary to show the identity of the person, presence of birthmarks or defects.
Such inspection does not violates the right against self-incrimination of the person.
May a woman accused of adultery be compelled to undergo pregnancy test?
NO. It violates the right to privacy of the person. It must have the consent of the woman.
Under what conditions may the court allow scientific tests or experiments?
a. When it is relevant to the facts in issue;
b. The conditions in the courtroom are substantially similar to those attended in the original
event;
c. The experiment will not result to undue delay or confusion.
Can shoeprints and footprints be allowed as object evidence?
YES. It can be used to identify that a person was in the crime scene.
What are polygraph test?
It operates on the principle that stress causes physiological changes in the body which can be
measured to indicate whether the subject of the examination is telling the truth.
Is the consent of the person be subjected to polygraph test needed?
YES. Without the consent of the person, it will violate right against self-incrimination.
The opposing party will be granted the right to cross examine the polygraph operator to establish his
qualifications, the possibilities of error and that the test will only indicate the likelihood that the
accused is lying.
What do documents as evidence consists of?
Section 2.Documentary evidence. — Documents as evidence consist of;
a. writing; or
b. any material containing letters, words, numbers, figures, symbols or other modes of
written expression xxx
What makes a thing that contains writings as documentary evidence?
When it is offered as proof of their contents.
What makes a thing that contains writings as object evidence?
When it is offered for the purpose other than as proof of their contents.
The photocopy of the money used in a buy bust operation rather than the actual money was
presented in court, is it admissible as evidence?
YES. It is offered to show that there was an exchange of the money. It is an object evidence.
May a private document be offered as both object and documentary evidence?
YES. Under the principle of multiple admissibility. Evidence can be offered for multiple purpose.
What does electronic document refer to?
"Electronic document" refers to information or the representation of information, data, figures,
symbols or other modes of written expression, described or however represented, by which a right is
established or an obligation extinguished, or by which a fact may be proved and affirmed, which is
received, recorded, transmitted, stored, processed, retrieved or produced electronically. It includes
digitally signed documents and any print-out or output, readable by sight or other means, which
accurately reflects the electronic data message or electronic document.
How is electronic document regarded when offered as evidence?
It is considered as document under the rules of evidence.
Who has the burden of proof in the authenticity of the electronic document?
The proponent of the evidence.
How is electronic document authenticated?
Section 2. Manner of authentication. – Before any private electronic document offered as authentic is
received in evidence, its authenticity must be proved by any of the following means:
a. by evidence that it had been digitally signed by the person purported to have signed the
same;
b. by evidence that other appropriate security procedures or devices as may be authorized by
the Supreme Court or by law for authentication of electronic documents were applied to the
document; or
c. by other evidence showing its integrity and reliability to the satisfaction of the judge.
May an electronic document be offered as evidence without complying with the special manner
by which such documents needs to be authenticated?
YES. When such electronic document is offered simply for what it is or for what it claimed to be
without regard to its authenticity.
How is electronically notarized document prove?
Section 3. Proof of electronically notarized document. – A document electronically notarized in
accordance with the rules promulgated by the Supreme Court shall be considered as a public
document and proved as a notarial document under the Rules of Court.
What are the requisites for the admissibility of documentary evidence?
a. the document must be relevant;
b. the evidence must be authenticated;
c. the document must be authenticated by a competent witness; and
d. the document must be formally offered in evidence.
What is the best evidence rule?

When the subject of inquiry is the contents of a document, no evidence shall be admissible other than
the original document itself.
The original document is indispensable when the issue is its content.
Is presenting a mere copy of a contract sufficient when the issue is the interpretation of its
terms?
YES. The only issue is the interpretation and not the content of the contract.
Why is the best evidence rule described as a misnomer?
The term “best” has nothing to do with the degree of its probative value in relation to other types of
evidentiary rules. It is not intended to mean the “most superior” evidence.
May a witness testify that he saw the defendant sign the contract without violating the best
evidence of such fact is the contract itself?
YES. Since the subject of the testimony is not the contents of the contract but the act of signing the
contract.
What are the reasons for the best evidence rule?
a. To avoid misinterpretation of what it says; and
b. To prevent fraud.
May the best evidence rule be waived by the opposing party?
YES. By not objecting or not raised during the trial.
Exceptions in presenting the original document:
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 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 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.
What are the requisites of introduction of secondary evidence in case of loss, destruction or
unavailability of the original?
a. the offeror must prove the execution and existence of the original document;
b. the offeror must show the cause of its unavailability; and
c. the offeror must show that the unavailability was not due to his bad faith.
How is due execution and authenticity of the document prove?
a. by anyone who saw the document executed and written; or
b. by evidence of the genuineness of the signature or handwriting of the maker.
Who has the burden of proof of the loss or destruction of the document?
The proponent of the secondary evidence.
Order of presentation of secondary evidence:
a. a copy of the original
b. a recital of the contents of the document in some authentic document; or
c. by the testimony of witnesses.
Requisites for the introduction of secondary evidence when the original is in the custody of the
opposing party:
[3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 19
a. that the original exists;
b. that said document is under the custody or control of the adverse party;
c. that the proponent of the secondary evidence has given the adverse party reasonable notice
to produce the original document; and
d. that the adverse party failed to produce the original document despite the reasonable
notice.
Example of a numerous or voluminous accounts:
Summary of some 15, 000 sales invoices by a multinational company.
Who will testify the result?
Chief Accountant.
Meaning of “original”
The original of the document is one the contents of which are the subject of inquiry.
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.
When an entry is repeated in the regular course of business, one being copied from another at or near
the time of the transaction, all the entries are likewise equally regarded as originals.
*When carbon sheets are inserted between two or more sheets of paper with the writing and the
signature on the first sheet being reproduced in the sheets beneath by the same stroke of pen or
writing medium, all the sheets are deemed originals.
What is regarded as original of an electronic document?
Section 1. Original of an electronic document. – An electronic document shall be regarded as the
equivalent of an original document under the Best Evidence Rule if it is a printout or output
readable by sight or other means, shown to reflect the data accurately.
Section 2. Copies as equivalent of the originals. – 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 electronic re-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.
EXCEPTIONS:
Notwithstanding the foregoing, copies or duplicates shall not be admissible to the same extent as the
original if:
a. a genuine question is raised as to the authenticity of the original; or
b. in the circumstances it would be unjust or inequitable to admit the copy in lieu of the
original.
Is the printout of a facsimile transmission an electronic data message or electronic document?
NO. Electronic data message or electronic document as defined under the Electronic Commerce Act of
2000 do not include a facsimile transmission and cannot be considered as electronic evidence. It is not
the functional equivalent of an original under the best evidence rule and is not admissible as electronic
evidence.
Under the Canada Law, telexes or faxes except computer-generated faxes are not included in the term
electronic data message.
Can pleadings be filed in court by sending them through fax machine?
NO. There is no way in determining if the fax pleading is genuine or authentic.
 20 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]
Can the original of public records be brought to court and offered as evidence?
NO. Public records are irreplaceable.
What is the alternative?
Issuance of the certified true copy by the public officer in custody of the public records.
What is the parol evidence 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.
It prohibits introduction of evidence that will vary the terms of the agreement.
Can you contradict the terms and conditions by the parties in the contract by oral evidence?
NO. If it is in writing, it is presumed that it contains all the terms the parties agreed upon.
Does parol evidence rule apply to oral contracts?
NO. It must be in writing.
Does the rule apply only to public agreements?
NO. It also applies to private written agreements.
A, the building owner, entered into an agreement with B, a contractor, to repaint of his
building. B subcontracted the repaint work to C. May A, who sued C for a poor painting job,
testify that he heard C make a commitment to B that he will do a good painting job. May A
testify? Is he barred by the parol evidence rule to testify?
A is not barred to testify. C is not part of the contract. Strangers to the contract are not bound by the
parol evidence rule.
Does the parol evidence rule apply to wills?
Yes. The term agreement includes wills
Can an express trust concerning an immovable or any interest therein be proved by parol
evidence?
No, under the civil code
Can oral testimony be presented to show that the term "cash" used in the written agreement
had been verbally changed by the parties to "credit" before they had signed the written
agreement?
No. The contract cannot be altered. Terms not found in the written agreement are deemened waived
and abandoned.
The owner authorized the agent to sell the land to X. Later the agent agreed in writing to cancel
the agency. After the owner sold the land the X, can the agent the testify that he agreed to have
the agency cancelled upon the owner's verbal assurance that he will still get his commission?
No. The agreement to cancel the agency is in writing. The verbal assurance is barred by the parol
evidence rule.
A executed a deed of sale for his car in favor of B who in turn sold his Rolex watch to A. When A
sued B for the payment for his car, can B present evidence a sale of the Rolex watch to A with a
consequence of set off of obligation?
Yes. The 1st agreement is different is different from the 2nd agreement. The agreements are separate
from one another. The terms of one agreement will not affect the terms of the other agreement.
The receipt reads "receipt of P35,000 cash from Ceaser on May 4, 2002 signed Lucio." Cesar
claims that the receipt is evidences of the loan of Lucio. Lucio claims that the money is for the
payment of the lease?
Parol evidence rule does not apply to receipt. A receipt is not an agreement.
On May 1 X leased an apartment to Y under a contract of leased under the following terms. The
contract states that the lease is for apartment A; that the rental is P10,000 monthly; that the
term is for 1 year. Is parol evidence or verbal agreement between X and Y where X leased to B a
refrigerator and a TV for P1,000 a month admissible?
Yes. The subject matter of lease of the apartment is different from the subject matter for the lease of
the appliances.
Is parol evidence or verbal agreement between X and Y concerning a 5% interest penalty per
month for the rent if not paid on time admissible?
No. It alters the rental. The documents is deemed to contain all the term agreed upon.
Is parol evidence or verbal agreement between X and Y that no pets may be allowed in the
apartment is admissible?
No. It restricts the use of the apartment. It restricts the right of the lessee.
If the parties entered into a partnership for the operation of a restaurant, will it affect a prior
verbal agreement between them concerning an automobile loan from one in favor of another?
No. The prior agreement is not related to the partnership for the operation of a restaurant.
Can a party to an agreement present parol evidence to establish a condition upon the
happening of which the operation of a contract is made through depend? Can you present parol
evidence to show suspensive condition?
Yes. The testimony regarding the suspensive condition cannot alter an agreement that is yet to come
into being. There is no agreement yet.
Four persons agreed to guarantee an obligation provided that all four of them sign. Can parol
evidence be allowed to show the condition that all four of them signed after only three signed?
Yes. The guarantee will not take effect until all four guarantors signed.
Is the rule prohibiting parol evidence absolute?
No
When may a party present evidence that will add, explain or modify the terms of the written
agreement?
A party may present evidence to modify, explain or add to the terms of written agreement if he puts in
issue in his pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the
parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after
the execution of the written agreement.

When is the ambiguity in a written agreement intrinsic?
When the ambiguity is not apparent in the agreement. The ambiguity is hidden. The language of the
writing is clear and intelligible and suggests but a single meaning, but some matter extraneous to the
writing creates the ambiguity.
Juan Reyes sold his Toyota Camry to Mario Ramos for P1,000,000. Does the wording in the deed
of sale clearly describe on its face the name of the buyer?
Yes
Supposing 2 Mario Ramos show up to claim the car. Does the identity of the buyer remain
clear?
No. There is intrinsic ambiguity.
May parol evidence be presented to clarify such latent ambiguity?
Yes. It must be put in issue.
When is the ambiguity in the agreement extrinsic or patent?
That which appears on the very face of the instrument, and arises from the defective, obscure, or
insensible language used.
Cesar sold his car to Jose for P500,000 to paid in 1 year in equal installments. Are the terms of
the sale clear and complete on its face?
No. It is not clear when the installments will be paid. The ambiguity is clear and patent.
Can parol evidence be allowed to cure extrinsic ambiguity?
No. Only extrinsic ambiguity. The theory is that the written agreement is plain and clear to the parties
if none of them raised the ambiguity in their pleadings. If it is allowed, the court would not be
construing but creating the agreement between for the parties. The judge must interpret the intent of
the parties from the document.
Is parol evidence admissible to show a sale with a right to repurchase is actually an equitable
mortgage?
Yes. It must be raised in issue in the pleadings.
May an independent action be filed for the reformation of an imperfect instrument before it is
violated?
Yes, under the civil code.
Is an action for reformation of an instrument proper when there is no meeting of the minds
between the parties because of mistake, fraud, inequitable conduct or accident?
No. Annulment of the instrument is the proper action.
The seller agrees to sell his 10 hectare land to a buyer, but in drawing up the deed of sale the
seller fraudulently sold a land of lesser value. Is the agreement defective?
No. There is meeting of the minds. The defect lies in the preparation of the deed of sale.
What instruments cannot be reformed?
Void instruments
Does mistake or imperfection in the writing indicate a lack of agreement between the parties?
No. There is meeting of minds between the parties.
What other grounds in substantive law result in failure of an instrument to express its true
intent?
Fraud, inequitable conduct, accident, bad faith on the part of the person drawing up the instrument.
[3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 21
Distinguish between best evidence rule and parol evidence rule.
The best evidence rule establishes a preference for the original document over a secondary evidence
thereof. The parol evidence is not concerned with the primacy of evidence but presupposes that the
original is available.
The best evidence rule precludes the admission of secondary evidence if the original document is
available. The parol evidence rule precludes the admission of other evidence to prove the terms of a
document other than the contents of the document itslef for the purpose of varying the terms of the
writing.
The best evidence rule can be invoked by any litigant to an action whether or not said litigant is a
party to the document involved. The parol evidence rule can be invoked only by the parties to the
document and there successor-in-interest.
The best evidence rule applies to all forms of writing. The parol evidence rule applies to written
agreements (contracts), and wills.
May parol evidence rule be waived?
Yes. By failure to object when presented (when raised in issue).
Does admission of parol evidence means that it has probative value?
No. Admission does not precluded that it has probative value.
One of the parties to an agreement wants to present evidence that he and the other party
agreed subsequently to verbally terminate the agreement. Can the court allow him to testify
regarding it?
Yes. It must be put in issue.
How does a party put the terms of the written agreement in issue?
Plaintiff - Put it in the Complaint. State it as a cause of action.
Defendant - Put it in the Answer. State it as a defense.
Are the plaintiffs bound by the terms that they verbally agreed on prior to or contemporaneous
to a written agreement but which terms they failed to include in the written agreement?
No. Parol evidence rules apply
On May 1 X leased an apartment to Y under a contract of leased under the following terms. The
contract states that the lease is for apartment A; that the rental is P10,000 monthly; that the
term is for 1 year. Is parol evidence or verbal agreement that X agreed on May 5 to reduce the
rent to P9,000 admissible?
No. Changes made subsequent to the written agreement must be put in issue to be admissible.
What would be the best evidence that the writing is complete or perfect?
The writing itself.
What impleaded imperfection would allow parol evidence to modify the agreement?
Inaccurate statements, incompleteness of writing and presence of inconsistent provisions.
Suppose the lease agreement did not contain a period, may parol evidence be presented to
show that the parties agreed to a 2 year lease?
Yes, Provided it is put in issue.
 22 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD]
A sued B to enforce a deed of sale of a piece of conjugal land. The validity of the deed of sale is
challenged in court for lack of conjugal consent. Can the court allow B to testify that A did not
comply with certain condition of the sale?
Yes. What is challenged is the validity of the sale. It does not modify the terms of the agreement.
What impleaded mistake would allow parol evidence to modify the agreement?
Mistake of fact either mutual to the parties or the innocent party is a victim of the unfair dealing of the
other.
What are required before parol evidence may be admitted on the ground of mistake?
It must be shown that the mistake is one of fact.
It must be common to both parties or one of the party is a victim of the unfair dealing of the other.
It must be raised in issue.
What kind of evidence is needed to prove such mistake (Quantum of evidence)?
Clear and convincing evidence is required.
Suppose the agreement errs in describing the subject (Ex. Motor No. 123459 instead of
123456), does that make the agreement void?
No. Mistake is irrelevant. The identity of the car be ascertained from other description in the
agreement.
Can parol evidence be presented to show the validity of the contact between the parties?
Yes. It must be pleaded on the ground of legal incapacity, fraud, violence, undue influence, illegality of
subject matter and lack of consideration.
What is authentication?
Presentation of evidence to show that the evidence is what it is claimed to be.
What is a document?
A deed, instrument or other duly authorized paper by which something is proved, evidenced or set
forth.
What is needed to make a document a documentary evidence?
It must be offered as evidence as proof of its contents
What are the 2 classes of documents?
Public or Private.
What are regarded as public documents?
The written official acts, or record of the official acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the Philippines, or of a foreign country.
Documents acknowledged before a notary public except last wills and testaments.
Public records, kept in the Philippines, of private documents required by law to be entered therein.
What constitute private documents?
All other writings.
How is the due execution and authenticity of a private document proved before it is received in
evidence?
It must be proved either:
(a) By anyone who saw the document executed or written; or
(b) By evidence of the genuineness of the signature or handwriting of the maker.
When is the authentication of a private document offered as evidence not required?
When the document is an ancient one within the context of Sec, 21, Rule 132 of the Rules of Court.
When the genuineness and authenticity of an actionable document have not been specifically denied
under oath by the adverse party under Sec. 8 of Rule 8 of the Rules of Court.
When the genuineness and authenticity of the document have been admitted under Sec. 4 of Rule 129.
When the document is not being offered as authentic as implied from Sec. 20, Rule 132 of the Rules of
Court, which requires authentication only when the document is offered as "authentic".
What is an ancient document?
A private document is considered ancient when it is more than 30 years old, is produced from a
custody in which it would naturally be found if genuine, and is unblemished by any alteration or
circumstances of suspicion.
Is there a need to authenticate an ancient document?
No.
How is the handwriting of a person proved?
It may be proven by any witness who believes it to be the handwriting of a person because:
(1) He has seen the person write;
(2) He has seen the writing purporting to be his upon which the witness acted or been charged, and
has thus acquired knowledge of the handwriting of such person;
(3) By a comparison made by the witness or the court, with writings admitted or treated as genuine by
the party against whim the document is offered, or proved to be genuine to the satisfaction of the
judge.
Is authentication required for a notarized document?
No. A public document is admissible without further proof of its due execution and genuineness.
How may the presumption of authenticity be overcome?
By clear and convincing evidence to the contrary.
What presumption do public documents enjoy?
It enjoys the presumption of regularity. It is prima facie evidence of the truth of the facts stated therein
and a conclusive presumption of its existence and due execution.
How are public document regarded as evidence?
When a public officer, in the performance of his duty, makes an entry in the public record, the
document of such entry is deemed prima facie evidence of the facts stated therein.
How about for other public documents?
The facts stated therein constitute evidence of the facts that gave rise to the execution of such
documents and of the date of the execution of the same.
How does one prove the official acts of official bodies, tribunals or of public officers exist?
(a) An official publication thereof; or
(b) by a copy attested by the officer having the legal custody of the record, or by his deputy, and
accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the
custody. If the office in which the record is kept is in foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any
 [3B A.Y. 2015-2016, 2ND SEM: EVIDENCE TRANSCRIPTION: PRELIMS: J. ABAD] 23

officer in the foreign service of the Philippines stationed in the foreign country in which the record is
kept, and authenticated by the seal of his office.

What is the general rule governing the removal of public record?

Any public record must not be removed from the office which has custody.

What is the exception?

Upon the order of a court where the inspection of the record is essential to the just determination of a
pending case.

Will a SPA notarized in a foreign country sufficiently authorized an agent to file an action in the
Philippines?
No. It must contain a certificate of authentication by a secretary of the Philippine embassy or legation,
consul general, consul, vice-consul or consular agent or by any officer in the foreign service of the
Philippines stationed in the foreign country.

How is a public record of a private document proved?

(a) By the original record; or
(b) by a copy thereof, attested by the legal custodian of the record, with an appropriate certificate that
such officer has the custody.

How is the absence of a public record proved?

By a Negative certification. A written statement signed by an officer having the custody of an official
record or by his deputy that after diligent search no record or entry of a specified tenor is found to
exist in the records of his office, accompanied by a certificate as above provided, is admissible as
evidence that the records of his office contain no such record or entry.

Is authentication required for the presentation of evidence of a last will and testament?
Yes. It must be probated as provided for by the Civil Code.

What is the duty of the party producing the document as genuine but which bears alterations
after its execution?
(a) That the alteration was made by another, without his concurrence; or
(b) That the alteration was made with the consent of the parties affected by it; or
(c) That the alteration was otherwise properly or innocently made; or
(d) That the alteration did not change the meaning or language of the instrument.

If he fails to do that, the document shall not be admissible in evidence.

How are document written in a foreign language presented as evidence?

It must be accompanied by a translation into English or Filipino offered by counsel before the
proceeding.

When may judicial record be impeached?

(a) lack of jurisdiction in the court or judicial officer;
(b) collusion between the parties; or
(c) fraud in the party offering the record, in respect to the proceedings.

What is required for contracts that are required to be registered?

It must be notarized to qualify as a public instrument.

END OF PRELIM COVERAGE