EVIDENCE QUICK NOTES

Sources: Evidence Outline - OG Boiz; Revised Rules on Evidence; Other Codal Provisions Assigned
Notes were either direct copy pastes from the outline, cases and codal provisions or modified, cut down or simplified to aid in quick review, study or memorization.
Not a substitute to a complete review. Some topics were omitted.

EVIDENCE
have been secured in violation of the pertinent provisions of this Act, shall be
inadmissible and cannot be used as evidence against anybody in any judicial,
Evidence - the means, sanctioned by these rules (Rules of Court), of ascertaining in a judicial quasi-judicial, legislative, or administrative investigation, inquiry, proceeding, or
proceeding the truth respecting a matter of fact. hearing. (Section 23, Anti-Terrorism Act of 2020)
● Note: See when secret wiretapping is allowed under this law.
3. Terrorism Financing Act; AMLC allowed to inquire into or examine deposits
COMPARISON - EVIDENCE AND PROOF - For purposes of this section and notwithstanding the provisions of Republic Act
No. 1405, otherwise known as the “Law on Secrecy of Bank Deposits”, as
Evidence Proof amended; Republic Act No. 6426, otherwise known as the “Foreign Currency
Deposit Act of the Philippines”, as amended; Republic Act No. 8791, otherwise
● The means or medium of proof ● The result or probative effect of known as “The General Banking Law of 2000” and other laws, the AMLC is
● Not used in all proceedings but evidence hereby authorized to inquire into or examine deposits and investments with any
only in "judicial proceedings" ● The persuasion of the mind when banking institution or non-bank financial institution and their subsidiaries and
● To be considered evidence – Must it considers the evidence affiliates without a court order. (Section 10, last paragraph, Terrorism Financing
be sanctioned by the Rules of presented Prevention and Suppression Act of 2012).
Court ● Evidence sufficient to establish a 4. Instrument required to be stamped under the Tax Code - An instrument,
thing is true document or paper which is required by law to be stamped and which has been
signed, issued, accepted or transferred without being duly stamped, shall not be
recorded, nor shall it or any copy thereof or any record of transfer of the same be
COMPARISON – FACTUM PROBANDUM AND FACTUM PROBANS admitted or used in evidence in any court until the requisite stamp or stamps are
affixed thereto and cancelled. (Section 201, Tax Reform Act of 1997)
Factum Probandum Factum Probans 5. Law on Secrecy of Bank Deposits - See Section 2 of R.A. 1405, as amended - I
found an amendment from P.D. 1792, Section 1).
The ultimate fact or the proposition to be The evidentiary fact which establishes the ● In essence, the law says that bank deposits are absolutely confidential
established proposition in nature. It may not be examined, inquired or looked into by any
person, government official, bureau or office, except:
○ the examination is made in the course of a special or general
Admissible Evidence: 1) Relevant to the issue; and 2) Competent examination of a bank and is specifically authorized by the
Monetary Board after being satisfied that there is reasonable
ground to believe that a bank fraud or serious irregularity has
SOME RELATED RULES FOUND IN SPECIAL LAWS OR RULES been or is being committed and that it is necessary to look
into the deposit to establish such fraud or irregularity;
1. Violation of Anti-Wiretapping Act - Any communication or spoken word, or ○ when the examination is made by an independent auditor
the existence, contents, substance, purport, effect, or meaning of the same or any hired by the bank to conduct its regular audit provided that
part thereof, or any information therein contained obtained or secured by any the examination is for audit purposes only and the results
person in violation of the preceding sections of this Act shall not be admissible in thereof shall be for the exclusive use of the bank;
evidence in any judicial, quasi-judicial, legislative or administrative hearing or ○ upon written permission of the depositor;
investigation. (Section 4, Anti-Wire Tapping Act) ○ in cases of impeachment;
2. Anti-Terrorism Act of 2020 - Any listened to, intercepted, and recorded ○ upon order of a competent court in cases of bribery or
communications, messages, conversations, discussions, or spoken or written dereliction of duty of public officials;
words, or any part or parts thereof, or any information or fact contained therein, ○ in cases where the money deposited or invested is the subject
including their existence, content, substance, purport, effect, or meaning, which matter of the litigation

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 1

 6. Forecign Currency Deposit Act - The secrecy of deposits under this Act shall be The constitutional right of the people to a balanced and healthful ecology shall be
governed in accordance with the provisions of Republic Act Numbered One given the benefit of the doubt. (Section 1, Rule 20, Rules of Procedure for
thousand four hundred five (Section 8, Foreign Currency Deposit Act of the Environmental Cases)
Philippines) ● Factors to be considered in applying precautionary principle:
7. General Banking Law of 2000 - No director, officer, employee, or agent of any ○ threats to human life or health;
bank shall xxx Without order of a court of competent jurisdiction, disclose to any ○ inequity to present or future generations; or
unauthorized person any information relative to the funds or properties in the ○ prejudice to the environment without legal consideration of
custody of the bank belonging to private individuals, corporations, or any other the environmental rights of those affected.
entity: Provided, That with respect to bank deposits, the provisions of existing 14. Documentary Evidence in Environmental Cases - Photographs, videos and
laws shall prevail (Section 55.1 (b), General Banking Law of 200) similar evidence of events, acts, transactions of wildlife, wildlife by-products or
8. Anti-Torture Act, RA 9745 - Any confession, admission or statement obtained derivatives, forest products or mineral resources subject of a case shall be
as a result of torture shall be inadmissible in evidence in any proceedings, except admissible when authenticated by the person who took the same, by some other
if the same is used as evidence against a person or persons accused of committing person present when said evidence was taken, or by any other person competent
torture. (Section 8, Anti-Torture Act) to testify on the accuracy thereof. (Section 1, Rule 21, Rules of Procedure for
9. Rape Shield - In prosecutions for rape, evidence of complainant’s past sexual Environmental Cases)
conduct, opinion thereof or of his/her reputation shall not be admitted unless, and
only to the extent that the court finds, that such evidence is material and relevant
to the case. (Section 6, Rape Victim Assistance and Protection Act of 1998) When the Rules of Court should not apply:
10. Alternative Dispute Resolution Act - See Sections 9 & 10 - provides for 1. election cases
different rules regarding confidential information. 2. land registration
3. Cadastral
Section 3(h) of the law defines confidential information - any information, relative to the 4. Naturalization
subject of mediation or arbitration, expressly intended by the source not to be disclosed, or
5. Insolvency proceedings
obtained under circumstances that would create a reasonable expectation on behalf of the
source that the information shall not be disclosed. It shall include: 6. other cases not herein provided for,
a. communication, oral or written, made in a dispute resolution Exception: by analogy or in a suppletory character and whenever practicable and convenient.
proceedings, including any memoranda, notes or work product of the
neutral party or non-party participant, as defined in this Act; WHEN EVIDENCE NOT REQUIRED
b. an oral or written statement made or which occurs during mediation or
for purposes of considering, conducting, participating, initiating, 1. No Factual Issue/Question of Law - Where no factual issue exists in a case, there
continuing of reconvening mediation or retaining a mediator; and
is no need to present evidence because when the case presents a question of law, it
c. pleadings, motions manifestations, witness statements, reports filed or
submitted in an arbitration or for expert evaluation. can be resolved by a mere application of relevant statutes.
11. Adoption Cases - Section 18 of A.M. 02-6-02-SC provides, in sum, that
hearings, records, books and papers related to adoption cases are confidential.
The last paragraph allows for the court to disclose information to third person COMPARISON - QUESTION OF LAW and QUESTION OF FACT
when:
a. necessary for security reasons or for purposes connected with or arising Question of Law Question of Fact
out of the adoption;
b. and will be for the best interests of the adoptee. (Emphasis supplied) Decided by the text of the law, or by written Decided by evidence – depends on facts.
12. Rule on Examination of Child Witness - See Sections 6 to 32, A.M. No. 00-4-07 decisions.
(this is just too long, sorry).
13. Precautionary Principle - When there is a lack of full scientific certainty in When a doubt or a difference arises as to When the doubt or controversy arises as to
establishing a causal link between human activity and environmental effect, the what the law is on a certain state of facts the truth or falsity of the alleged facts, as
court shall apply the precautionary principle in resolving the case before it. and the question does not call for an when the query necessarily solicits
examination of the probative value of the calibration of the whole evidence
evidence presented by the parties-litigants. considering mostly the credibility of
witnesses, existence and relevance of

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 2

 specific surrounding circumstances, their
relation to each other and to the whole, and Requisites for conviction with circumstantial evidence:
probabilities of the situation. 1. There is more than one [(1)] circumstance;
2. The facts from which the inferences are derived are proven; and
3. The combination of all the circumstances is such as to produce a conviction
2. Pleadings in civil case do not tender an issue of fact - An issue arises if a party beyond reasonable doubt.
alleges a fact on a pleading and it is disputed by the adverse party.
● If there is no issue, like where the Answer fails to tender an issue, or otherwise Inferences cannot be based on other inferences.
admits the material allegations of the adverse party’s pleading, the civil case before
the court is ordinarily ripe for a judgment on the pleadings, or an immediate 9. Cumulative Evidence - Evidence of the same kind and character as that already
given and tends to prove the same proposition.
judgment of a civil case covered by summary procedure.
10. Corroborative Evidence - Evidence of a different kind for the same disputed
3. Parties agree to stipulate on facts fact. Supplements evidence already given tending to strengthen or confirm it. It is
● During pre-trial, the court shall consider the possibility of obtaining additional evidence of a different character to the same point.
stipulations or admissions of facts and of documents to avoid unnecessary 11. Prima Facie Evidence - Evidence sufficient for a proposition, in default of a
proof (Section 2 (c) of Rule 18) contrary proposition.
● Pre-trial order shall include an enumeration of admitted facts (Rule 18, 12. Conclusive Evidence - When presumption becomes irrebuttable upon
Section 7(a)) presentation of evidence showing such fact.
13. Primary Evidence - The best evidence – utmost evidence for a contested fact.
● Rule 30, Section 7, in sum, provides that parties may agree to facts in
14. Secondary Evidence - May be admissible as an exception to the general rule if
writing. They can submit the case for judgment on those facts without the original writing has been lost, destroyed or cannot be produced in court
introducing evidence. If only some matters are agreed upon, there is trial without bad faith on the part of the party offering the secondary evidence.
on disputed facts. 15. Positive Evidence - Evidence which is an assertion of the existence or
4. Matters of judicial Notice - see below. non-existence of a disputed fact. It is when a witness affirms in the stand that a
5. Matters of Judicial Admission - see below. certain state of facts does exist or that a certain event happened.
16. Negative Evidence - Evidence which is a disclaimer of knowledge over a
disputed fact. It is when a witness states that an event did not occur or that the
KINDS OF EVIDENCE state of facts alleged to exist did not exist.
17. Expert Evidence - Evidence emanating from a testimonial sponsor with special
1. Object Evidence - It is the evidence of the thing or object which is produced in knowledge, skill, experience or training.
court, or evidence furnished by things. 18. Electronic Evidence - Information generated, sent, received or stored by
2. Documentary Evidence - This consists of written instruments offered as proof of electronic, optical or similar means.
their contents. 19. Preponderant Evidence - Evidence which is more convincing to the court as
3. Testimonial Evidence - It is the testimony in court or the deposition of one who worthier of belief than that which is offered in opposition thereto.
has observed that to which he is testifying (percipient witness); or of one who, 20. Proof beyond reasonable doubt - Proof beyond reasonable doubt does not mean
though he has not observed the facts, is nevertheless qualified to give an opinion such a degree of proof as, excluding possibility of error, produces absolute
relative to such facts (expert witness). certainty. Moral certainty only is required, or that degree of proof which produces
4. Relevant Evidence - The logical nexus of factum probans with factum conviction in an unprejudiced mind. (See Section 2, Rule 133)
probandum; must have a relation to the fact in issue as to induce belief in its 21. Clear and Convincing Evidence - Such evidence producing in the mind of the
existence or non-existence.
trier of fact a firm belief or conviction as to allegations sought to be established.
5. Material Evidence - Evidence that proves a disputed fact – describes facts or
issues that would affect the outcome of the case. 22. Substantial Evidence - that amount of relevant evidence which a reasonable
6. Competent Evidence - Evidence that is not excluded by the Constitution, the law mind might accept as adequate to justify a conclusion.
or the Rules.
7. Direct Evidence - It establishes a disputed fact independently of any reason nor
inference. Equipoise Rule - When the scales shall stand upon an equipoise and there is nothing in the
8. Circumstantial Evidence - It is evidence that indirectly proves a fact in issue evidence which shall incline it to one side or the other, the court will find for the defendant.
through an inference which the fact finder draws from the evidence established.

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 3

 ● If the evidence in a case is evenly balanced, it must be decided against the party who
Multiple Admissibility Conditional Admissibility Curative Admissibility
has the burden of proof, for the case is found in exactly the same position at the
conclusion as it was at the beginning. Multiple evidence means Evidence can be admitted permits a party to introduce
● Note: Also applies to criminal cases - Abarquez v. People - The equipoise rule finds that the evidence is on the basis of conditional incompetent evidence to
application if the inculpatory facts and circumstances are capable of 2 or more admissible for a specific admissibility which equalize the admission by
explanations, one of which is consistent with the innocence of the accused and the purpose to which it must be presupposes: the court of incompetent
other consistent with his guilt, for then the evidence does not fulfill the test of moral confined, and admissible to ● Element of good evidence presented by the
certainty, and does not suffice to produce a conviction. prove a different fact. faith accorded by adverse party.
the court to a
● Pro reo doctrine - in case of doubt, rule for the accused.
In People v. Yatco, the same lawyer who Three rules:
was applied by holding that introduces ● American rule -
Falsus in uno, falsus in omnibus – literally means “false in one thing, false in everything”. he Rule on Multiple evidence that reception of
● If the testimony of a witness on a material issue is wilfully false and given with an Admissibility of Evidence, appears, at first incompetent
intent to deceive, the jury may disregard all the witness’ testimony. even if the confession may blush, to be evidence due to
not be competent as against immaterial or lack of objection
his co-accused Panganiban irrelevant from a party does
Open source evidence - Evidence captured online from services such as social media,
due to it being hearsay, the ● A concomitant not authorize the
government and corporate databases, and news websites. The value of open source material is confession was still statement by opponent to refute
that it is freely available; hence, there is no need for a search warrant. admissible as evidence of counsel of the evidence by
● The ICC’s admission of evidence is outlined in the Rome Statute, the Rules of the declarant’s own guilt connecting facts equally
Procedure for Evidence, and its E-Protocol. For an item to be admitted into and should be admitted. and commitment incompetent
evidence, it must satisfy a 3-part test: (1) relevance, (2) probative value, and (3) to relate it later evidence
absence of prejudicial effect. with other facts ● English rule -
sought to be permits a party to
established. utilize
ADMISSIBILITY; RELEVANCE; COLLATERAL MATTERS incompetent
evidence
Axioms of Admissibility - Wigmore’s axioms of admissibility are: following the
● None but facts having rational probative value are admissible and admission of the
● All facts having rational probative value are admissible unless some specific rules adverse party’s
forbids. incompetent
evidence
● Massachusetts
Relevant Evidence - Evidence must have such a relation to the fact in issue as to induce belief rule - akin to the
in its existence or non-existence. English rule; In
● Rule on Collateral Matters - General Rule: Evidence on collateral matters shall order to avoid
not be allowed, unfair prejudice
● Exception: It tends in any reasonably degree to establishing the probability or due to admission
of the other
improbability of the fact in issue.
party’s evidence
● Collateral Matters - Basis for inference as to the existence or non-existence of facts
in issue (Sec. 4, Rule 128)
○ Collateral facts are those outside the controversy or are not directly Admissibility v. Weight of Evidence (People v. Turco)
connected with the principal matter or issue in dispute. ● Admissibility is determined by relevance and competence.
● Probative value depends on the evaluation of Courts based on the Rule 133 and
jurisprudence.

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 4

Evidence v. Weight Principle of Notoriety - Judicial notice rests on the wisdom and discretion of courts. It must
● Evidence - connotes the relationship between logic and law be exercised with caution and care must be taken that the requisite notoriety exists.
● Weight - a question of gravity of the evidence or the intrinsic worth of the evidence
admitted by the court. It is concerned with the persuasive tendency of admitted When hearing necessary for judicial notice
evidence. ● During the pre-trial and the trial, the court, motu proprio or upon motion, shall
hear the parties on the propriety of taking judicial notice of any matter.
JUDICIAL NOTICE ● Before judgment or on appeal, the court, motu proprio or upon motion, may take
judicial notice of any matter and shall hear the parties thereon if such matter is
decisive of a material issue in the case.
Judicial notice - the cognition by the judge of certain facts on the supposition that such facts
are within his knowledge. It is the assumption by a court of a fact without requiring traditional
evidentiary support of that fact. Judicial Notice of Laws
● A court may be expected to dispense with the evidence of the law of its
Matters of judicial notice have 3 requisites. sovereignty. It includes regulations from the executive departments.
1. Must be on common/general knowledge; ● Ordinances and regulations of the local boards and councils are excluded.
2. Must be well and authoritatively settled and not doubtful/uncertain ● For municipal ordinances, municipal courts and CFIs should take judicial notice of
3. Must be within the limits of jurisdiction of the court. (Experttravel Tours v. CA) municipal ordinances in force in the municipality where they sit.
● RTCs should take judicial notice of said ordinances only when required to do so by
the statute or charter, and on appeal, from a judgment of the First Level Court.
MANDATORY JUDICIAL NOTICE
Judicial notice of foreign laws - They are not judicially noticed in the absence of such
1. the existence and territorial extent of states enabling statute. When foreign law is involved, it must be alleged and proved.
2. their political history
3. forms of government Some other matters from jurisprudence:
4. symbols of nationality
5. the law of nations Judicial notice of records of other cases:
6. the admiralty and maritime courts of the world and their seals ● General Rule: Courts are not authorized to "take judicial notice of the contents of
7. the political constitution and history of the Philippines the records of other cases even when said cases have been tried or are pending in the
8. official acts of the legislative, executive and judicial departments of the National same court or before the same judge."
Government of the Philippines ● Exception: They may, however, take judicial notice of a decision or the facts
9. the laws of nature prevailing in another case sitting in the same court if:
10. the measure of time; and ○ the parties present them in evidence, absent any opposition from the other
11. the geographical divisions. party, the contents of said other case are clearly referred to by title and
number in the pending action and adopted or read into the record of the
Discretionary judicial notice later; or
● In the exercise of the faculty conferred upon the judge, he is permitted to assume ○ the court, in its discretion, resolves to do so. (People v. Hernandez)
matters described under Section 2, Rule 129. ● Tabuena v. CA also held: It is clear, though, that this exception is applicable only
when:
○ "in the absence of objection,"
ITEMS SUBJECT TO DISCRETIONARY JUDICIAL NOTICE ○ "with the knowledge of the opposing party,"
○ or "at the request or with the consent of the parties,"
1. Public knowledge; ○ the case is clearly referred to or "the original or part of the records of the
2. Capable of unquestionable demonstration; and case are actually withdrawn from the archives" and "admitted as part of
3. Ought to be known to judges because of their judicial functions. the record of the case then pending."
● For a matter to be taken judicial notice, it must be a subject of common and general
knowledge.
● Test: whether the fact involved is so notoriously known as to make it proper to
assume its existence without proof.

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 5

Guidelines on Age as Element of Rape or Qualifying Circumstance
People v. Rullepa (Guidelines on Age as Element of Rape or Qualifying Circumstance)
1. The best evidence to prove the age of the offended party is an original or certified
true copy of the certificate of live birth of such party.
2. In the absence of a certificate of live birth, similar authentic documents such as
baptismal certificate and school records which show the date of birth of the
victim would suffice to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or
destroyed or otherwise unavailable, the testimony, if clear and credible, of the
victim's mother or a member of the family either by affinity or consanguinity who
is qualified to testify on matters respecting pedigree such as the exact age or date
of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on
Evidence shall be sufficient under the following circumstances:
a. If the victim is alleged to be below 3 years of age and what is sought to
be proved is that she is less than 7 years old;
b. If the victim is alleged to be below 7 years of age and what is sought to
be proved is that she is less than 12 years old;
c. If the victim is alleged to be below 12 years of age and what is sought
to be proved is that she is less than 18 years old.
4. In the absence of a certificate of live birth, authentic document, or the testimony
of the victims mother or relatives concerning the victims age, the complainants
testimony will suffice provided that it is expressly and clearly admitted by the
accused.
5. It is the prosecution that has the burden of proving the age of the offended party.
The failure of the accused to object to the testimonial evidence regarding age
shall not be taken against him.
6. The trial court should always make a categorical finding as to the age of the
victim.
Proving Foreign Law - Processual Presumption - In the absence of proof, the foreign law
will be presumed to be the same as the laws of the jurisdiction hearing the case under the
doctrine of processual presumption.
How Foreign Law is Proved - WRITTEN LAW
1) Official publication; or
2) 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 PH, with a certificate
that such officer has the custody.
Wildvalley Shipping v. CA ruled regarding foreign law: To be admissible, the following
requisites are mandatory:
1. It must be attested by the officer having legal custody of the records or by his
deputy; and
2. It must be accompanied by a certificate by a secretary of the embassy or legation,
consul general, consul, vice consular or consular agent or foreign service officer, and
with the seal of his office.
How Foreign Law is Proved - ORAL LAW
1) Oral testimony of expert witnesses; or
2) Printed and published books of reports of decisions of the country involved, if
proved to be commonly admitted in such courts.
Negative Averments - People v. Yang ruled that the General Rule: The court said that the
general rule is that if a criminal charge is predicated on a negative allegation or a negative
averment is an essential element of the crime, the prosecution has the burden to prove the
charge.
● Exception: Where the negative of an issue does not permit direct proof, or where
the facts are more immediately within the knowledge of the accused, the onus
probandi rests upon him.
Rule on DNA Evidence
People v. Vallejo - In assessing the probative value of DNA evidence courts should consider,
among others things, the following data:
1. How the samples were collected, how they were handled
2. The possibility of contamination of the samples
3. The procedure followed in analyzing the samples
4. Whether the proper standards and procedures were followed in conducting the tests,
and
5. The qualification of the analyst who conducted the tests.
US v. Davis - Two methods of DNA Profile Matching:
1) Probable Cause Cases – DNA testing has been performed upon a reference sample
taken from a suspect that has already been linked to a crime by direct or
circumstantial evidence.
2) Cold Hit Cases – result from the trawling of a large number of DNA profiles
maintained in databases (usually those of previously convicted offenders).
In probable cause cases, this number expresses two distinct concepts, though they
happen to coincide: 1) the expected frequency, or rarity, of that particular DNA profile in the
population; and 2) the chance that the suspect's DNA profile might coincidentally, but
incorrectly, match the evidentiary profile (the "random match probability" or "RMP"). In
probable cause cases, the product rule therefore indicates the rarity of the particular profile and
answers the "coincidence question."
People v. Pike - There are 3 steps in DNA testing:
1. creating a DNA “profile” of a sample;
2. determining whether the profiles of different samples “match”; and
3. if the samples match, estimating the statistical probability of a random match.
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 6
 ● Probative value of real evidence - Object or Real evidence is evidence of the
“Probability of inclusion” test refers to the probability that any person chosen at random in highest order. When physical evidence runs counter to testimonial evidence, the
the population would also be included as a contributor to the mixed DNA profile from the gun, conclusion as to physical evidence must prevail.
and not any probability regarding the likelihood of defendant being the source of the DNA.

JUDICIAL ADMISSIONS Categories of object evidence

Taken from Atty. Villasis, Remedial Law Lecture
Judicial Admissions - An admission, oral or written, made by the party in the course of the
proceedings in the same case, does not require proof. The admission may be contradicted
only by showing:
● that it was made through palpable mistake or
● that the imputed admission was not, in fact, made.
Cuenco v. Talisay - A party may make judicial admissions in:
1. Pleadings
2. during the trial, by verbal or written manifestations or stipulations, or
3. in other stages of the judicial proceeding.
1. Unique objects - There is readily identifiable marks in the evidence
○ Ex. 45 calibre pistol with serial number
2. Objects made unique - Category of evidence which has no identifiable marks or
unique characteristics but were made unique by the court
○ Ex: Knife used in stabbing if the person put an identifiable mark on the
knife such as by putting his name
3. Non-unique objects (No identifying marks) - Those which cannot be marked
because it is impossible to do so.
○ Ex: Blood stains, water

Judicial Admission Extrajudicial Admission Ocular Inspection (Notice requirement)

One so made in pleadings filed or in the
progress of a trial as to dispense with the
introduction of evidence otherwise
necessary to dispense with some rules of
practice necessary to be observed and
complied with.
● Normally, real evidence is brought to the court; but, if it is practical to do so (e.g.,
One made out of court. monument or building), an ocular inspection thereof in its situs can achieve the same
level of satisfaction.
● On proper showing and by order of the court, an ocular inspection of the body of the
accused is permissible and merely directing the accused to stand up for identification
is not compelling him to be a witness against himself.

The most important distinction is that, strictly, judicial admissions are conclusive upon the
party making them, while other admissions are, as a rule and where the elements of
estoppel are not present, disputable.
Adoptive Admissions - A party’s reaction to the statement or action of another person when
it is reasonable to treat the party’s reaction as an admission of something stated or implied by
the other person.
OBJECT EVIDENCE
Object as evidence. – Objects as evidence are those addressed to the senses of the court.
When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by
the court.
● Demonstrative evidence - is not a real or object evidence because it is merely a
demonstration or presentation of a particular evidence but it falls under the category
of object evidence since it can be examined or viewed by the court.
● Autoptic proference: Autoptic evidence is physical evidence that can be seen and
inspected.
Police Line-up - There is no law requiring a police line-up as essential to the proper
identification. Thus, even if there was no police line-up, there can still be proper identification
as long as such identification was not suggested to the witnesses by the police. (People v.
Llaneras)
People v. Amestuzo (totality of circumstances test) - The totality of circumstances test
requires a consideration of the degree of certainty demonstrated by the witness at the moment
of identification. What is most critical here is the identification made by the witness during
investigation and case build-up, not identification during trial.
In resolving the admissibility and reliability of out-of-court identifications, we have applied
the totality of circumstances test enunciated in the case of People vs. Teehankee which
lists the following factors:
1. the witness opportunity to view the criminal at the time of the crime;
2. the witness degree of attention at that time;
3. the accuracy of any prior description given by the witness;
4. the level of certainty demonstrated by the witness at the identification;
5. the length of time between the crime and the identification; and
6. the suggestiveness of the identification process.

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 7

Chain of Custody - See Section 21, RA 9165; p. 24, OG Boiz Outline.
● a method of authenticating evidence which requires that the admission of an exhibit
be preceded by evidence sufficient to support a finding that the matter in question is
what the proponent it claims it to be. (People v. Ladip)
● (as defined in Dangerous Drugs Board Regulation No.1) - duly recorded
authorized movements and custody of seized drugs or controlled chemicals or plant
sources of dangerous drugs or laboratory equipment of each stage, from the of the
seizure/confiscation to receipt in the forensic laboratory to safekeeping, to
presentation in court for destruction. (People v. Havana)
Ocular inspection as part of trial; Notice requirement
● Since ocular inspection is part of trial, there must be previous notice to the parties,
and the absence of the parties therein will impair the proceeding.
LINKS TO BE ESTABLISHED
1. Seizure and marking of the drugs recovered from the accused by the
apprehending officer
○ Marking - placing by the apprehending officer or the poseur-buyer of
his initials and signature of the items seized.
2. Turnover of the drugs from apprehending officer to investigating officer
3. Turnover of the drugs from investigating officer to forensic chemist for
laboratory examination
4. The turnover and submission of the marked drugs from the forensic chemist to
the court
PERSONS REQUIRED TO BE PRESENT
1. Member of the National Prosecution Service (NPS)
○ A representative of the NPS is anyone from its employees
2. Member of the media
○ Any media practitioner
3. A public official
○ Any incumbent public official regardless of the place where he/she is
elected
Reyes v. CA - When unbroken chain is indispensable. While testimony about a perfect chain
is not always the standard because it is almost always impossible to obtain, an unbroken
chain of custody becomes indispensable and essential when:
● the item of real evidence is not distinctive and is not readily identifiable, or
● when its condition at the time of testing or trial is critical, or
● when a witness has failed to observe its uniqueness, or
● in case the evidence is susceptible to alteration, tampering, contamination and even
substitution and exchange.
People v. Sapla - Exclusionary Rule - Evidence obtained and confiscated on the occasion of
such unreasonable searches and seizures [is] deemed tainted and should be excluded for being
the proverbial fruit of a poisonous tree. Evidence obtained from unreasonable searches and
seizures shall be inadmissible in evidence for any purpose in any proceeding.
Documentary Evidence - Documents as evidence consist of writings, recordings,
photographs or any material containing letters, words, sounds, numbers, figures, symbols, or
their equivalent, or other modes of written expression offered as proof of their contents.
Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or
videos.
Balian v. General Motors - Authentication of motion pictures ordinarily includes:
1. evidence as to the circumstances surrounding the taking of the film;
2. the manner and circumstances surrounding the development of the film;
3. evidence in regard to the projection of the film; and
4. testimony by a person present at the time the motion pictures were taken that the
pictures accurately depict the events as he saw them when they occurred.
Torralba v. People - For sound recordings to be given probative value, the following
requisites must be established:
1. A showing that the recording device was capable of taking testimony;
2. A showing that the operator of the device was competent;
3. Establishment of the authenticity and correctness of the recording;
4. A showing that changes, additions, or deletions have not been made;
5. A showing of the manner of the preservation of the recording;
6. Identification of the speakers; and
7. A showing that the testimony elicited was voluntarily made without any kind of
inducement.
ORIGINAL DOCUMENT RULE - Notes are deduced from the Codal or modified codal
provisions to aid memory/understanding - Rule 130, Sections 3-8
When the subject of inquiry is the contents of a document, writing, recording, photograph or
other record, no evidence is admissible other than the original document itself.
EXCEPTIONS:
Exception Secondary Evidence
When the original is lost or destroyed, or When the original document has been lost
cannot be produced in court, without bad or destroyed, or cannot be produced in
faith on the part of the offeror. court, the offeror, upon proof of its
execution or existence and the cause of its
unavailability without bad faith on his or
her part, may prove its contents by:
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 8

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, or the
original cannot be obtained by local judicial
processes or procedures
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
When the original is a public record in the
custody of a public officer or is recorded in
a public office
When the original is not closely-related to a
controlling issue
Collateral facts rule - When the original is not closely related to the controlling issue
● Collateral facts rule: If the contents of the document are not part of or are
incidental to the issue in dispute, it is futile to require the production of the original.
Original - the document itself or any counterpart intended have the same effect by a person
executing or issuing it.
● An “original” of a photograph includes the negative or any print therefrom.
● a copy, or
● by recital of its contents in some
authentic document, or
● by the testimony of witnesses
Note: in the order stated
If the document is in the custody or under
the control of the adverse party, he or she
must have reasonable notice to produce it. If
after such notice and after satisfactory proof
of its existence, he or she fails to produce
the document, secondary evidence may be
presented as in the case of its loss.
When the contents of documents, records,
photographs, or numerous accounts are
voluminous and cannot be examined in
court without great loss of time, and the fact
sought to be established is only the general
result of the whole, the contents of such
evidence may be presented in the form of a
chart, summary, or calculation.
Note: The originals shall be available for
examination or copying, or both, by the
adverse party at a reasonable time and
place. The court may order that they be
produced in court.
When the original of a document is in the
custody of a public officer or is recorded in
a public office, its contents may be proved
by a certified copy issued by the public
officer in custody thereof.
- original
● If data is stored in a computer or similar device, any printout or other output
readable by sight or other means, shown to reflect the data accurately, is an
“original.”
Duplicate - a counterpart produced by the same impression as the original, or from the same
matrix, or by means of photography, including enlargements and miniatures, or by mechanical
or electronic re-recording, or by chemical reproduction, or by other equivalent techniques
which accurately reproduce the original.
Treatment of duplicate as original - see Rule 129, Section 4(c).
● General Rule: A duplicate is admissible to the same extent as an original
EXCEPTIONS - DUPLICATE NOT ADMISSIBLE TO THE SAME EXTENT AS
AN ORIGINAL
1. A genuine question is raised as to the authenticity of the original; or
2. In the circumstances, it is unjust or inequitable to admit the duplicate in lieu of
the original.
Note: Deduced from Section 4(c), Rule 129.
Secondary evidence (Sec. 5, Rule 130) - Secondary evidence can be used in lieu of the
original, if preconditions for reception thereof are justified by circumstances to supplant the
nonproduction of the writing itself.
● To substitute the absence of the original document with secondary evidence, the
proponent must comply with Sec. 5, Rule 130.
● Loss - inability to retrieve the original document.
ORDER TO PROVE LOST OR DESTROYED ORIGINAL
1. Existence of the original first
2. The promoter of secondary evidence must present proof of execution of the
3. Loss, destruction, and the reason therefore, without bad faith on the part of the
offeror
4. Efforts existed to retrieve the original and
5. The contents of the original by a copy or an authentic document or testimony of
witness in the order stated. (Jones citing State v. Young)
Upon compliance with Sec. 5, secondary evidence can be presented to the court in the
form of:
1. a copy
2. a recital of the contents of the original in some authentic document, or
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 9
 3. by the testimony of a witness in the order specified.
Consolidated Requirements for the Reception of Secondary Evidence based on
jurisprudence assigned (Note: Depends on the case, there are some requisites not found in
one case, but found in the other and vice versa.)
NPC v. Codilla, supra
Requisites for the reception of secondary evidence.
1. the loss or destruction of the original without bad faith on the part of the
proponent/offeror which can be shown by circumstantial evidence of routine
practices of destruction of documents;
2. the proponent must prove by a fair preponderance of evidence as to raise a
reasonable inference of the loss or destruction of the original copy; and
3. it must be shown that a diligent and bona fide but unsuccessful search has been
made for the document in the proper place or places.
Michael & Co v. Enriquez (who can prove destruction)
Before secondary evidence can be admitted it must be shown that:
1. The document was duly executed and delivered. This may be established by
a. Person/s who executed it,
b. Person before whom its execution was acknowledged,
c. Persons who, after execution and delivery, saw it and recognized the
signature, or
d. By a person to whom the parties to the instruments had previously
confessed the execution thereof.
2. Where delivery is necessary, that it has been lost or destroyed. This may be
proved by:
a. Any person who knew fact of loss
b. By anyone who has made a sufficient examination in the place where
the documents are usually kept by the person in whose custody the
document was lost
c. By one who has made any other investigation which is sufficient to
satisfy the court that the instrument is indeed lost
Government v. Martinez
Before the record of a certified copy of the recital made in a public registry of the contents
of a deed of sale may be admitted as evidence of the contents of the said sale, it is
indispensable to establish first that the said deed really existed, was duly executed and was
lost.
● The introduction of a secondary evidence in case the instrument sought to be
proven is lost, there must be reasonable and diligent search for the original.
Ebreo v. Ebreo
Before a party is allowed to adduce secondary evidence to prove the contents of the original
of the deed, the offerer must prove:
1. The execution and existence of the original;
2. Loss and destruction of the original or its non-production in court; and
3. Unavailability of the original is not due to bad faith on the part of the offeror
Citibank NA Mastercard v. Teodoro
Espoused similar doctrine in Ebreo.
Requisites for admissibility of secondary evidence:
1. The due execution of the original;
2. The original’s loss, destruction or unavailability that is not due to the offeror’s
bad faith;
3. Reasonable diligence and good faith in the search for or attempt to produce the
original.
PAROL EVIDENCE RULE
Rule 130, Section 10. Evidence of written agreements. – 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, as between the parties and their successors in interest, no evidence of such terms
other than the contents of the written agreement.
However, a party may present evidence to modify, explain or add to the terms of the written
agreement if he or she puts in issue in a verified 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.
The term “agreement” includes wills.
Parol Evidence Rule - proscribes introduction by parties and their successors in interest of
verbal or written extrinsic evidence that can diverge or amend a legally efficacious and
complete written contract.
● Applies only to writings which are contractual in nature but only as to essential and
substantial parts of the writing and not those which are merely formal.
● In Marquez v. Espejo, it was ruled that the parol evidence rule may not be invoked
where at least one of the parties to the suit is not a party or privy of a party to the
written document in question, and does not base his claim on the instrument or
assert a right originating in the instrument.
● It does not apply between parties of their privies who are on the same side of the
contract and whose interests under the contract are the same.
Parol evidence - extrinsic evidence which is intended or tends to vary or contradict a
complete and enforceable agreement embodied in a document.
Collateral/Integrated and Unintegrated agreements - Robles v. Lizarraga ruled:
● The rule excluding parole evidence to vary or contradict a writing does not extend so
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 10
 far as to preclude the admission of extrinsic evidence to show prior or
contemporaneous collateral parol agreements between the parties. However, such
evidence may be received, regardless of whether or not the written agreement
contains reference to such collateral agreement.
Conditional Agreements - Land Settlement & Development Co. v. Garcia Plantation ruled:
● When the operation of the contract is made to depend upon the occurrence of an
event, which, for that reason is a condition precedent, such may be established by
parol evidence.
Requirement of Personal Knowledge - Section 22. A witness can testify only to those facts
which he or she knows of his or her personal knowledge; that is, which are derived from his or
her own perception.
Spousal Immunity - Section 23. During their marriage, the husband or the wife cannot testify
against the other without the consent of the affected spouse, except in a civil case by one
against the other, or in a criminal case for a crime committed by one against the other or the
latter’s direct descendants or ascendants.

Ambiguity/Imperfection
REQUISITES FOR SPOUSAL IMMUNITY TO APPLY
● Intrinsic ambiguity - connotes latent or covert vagueness. Parol evidence does not
vary the writing in a latent ambiguity, but only brings out its meaning. 1. There is a valid marriage;
● Intermediate ambiguity - exists when the words of the writing, although clear and 2. The marriage is existing;
with a settled meaning, still admits of two interpretations. 3. The other spouse is a party to the action;
○ It has the nature of both latent and patent ambiguities. It may be treated as 4. The civil or criminal case is not by one against the other or the latter’s direct
having a similar effect as latent ambiguity. descendants or ascendants.
● Imperfect - defective, or incomplete, wanting in some legal or formal requisite, in
legal sanction or effectiveness. ● The rule applies as well in actions to which the spouse is a coparty as to those to
which he or she is a sole party.
Falsa demonstratio non nocet cum de corpore constat - a false description does not vitiate a ● An objection to the competency of the spouse’s testimony can be waived.
document if it is consistent with the thing intended.
● An instrument does not become inoperative by reason of some inaccuracy if
sufficient description remains after rejection of the erroneous addition. EXCEPTIONS TO THE APPLICATION OF SPOUSAL IMMUNITY

Mitchell v. Lath - An oral agreement to modify a written contract is only enforceable if all the 1. Necessity;
following are present: 2. Civil or Criminal case by a Spouse against the other or Direct Descendants or
a) The oral agreement must be collateral in form; Ascendants of the Other Spouse.
b) The oral agreement must not contradict any express or implied provisions of the
written contract; and Privileged Communication - those whose disclosure upon the witness stand is not
c) The oral agreement must not be of the type the parties would ordinarily expect to put
compellable, or even allowable, owing to certain confidential relations existing between the
into writing. (in other words, the written agreement on its face must not appear to
contain the complete agreement of the parties) parties.

Yu Tek v. Gonzales - While parol evidence is admissible in a variety of ways to explain the
FUNDAMENTAL CONDITIONS ESSENTIAL TO THE PRIVILEGE
meaning of written contracts, it cannot serve the purpose of incorporating into the contract
additional contemporaneous conditions which are not mentioned at all in the writing, unless
there has been fraud or mistake. 1. The communications must originate in a confidence that will not be disclosed;
2. This element of confidentiality must be essential to the full and satisfactory
TESTIMONIAL EVIDENCE maintenance of the relation between the parties;
3. The relation must be one which in the opinion of the community ought to be
Competency of Witnesses/Qualifications - Section 21: All persons who can perceive, and sedulously fostered;
4. The injury that would inure to the relation by the disclosure of the
perceiving, can make known their perception to others, may be witnesses. xxx
communications must be greater than the benefit thereby gained for the correct
● Loss of perceptive sense after the occurrect of the fact does not affect the disposal of litigation.
admissibility of his testimony.

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 11

Marital Privilege - found in Section 24(a) harmony and tranquility fails.

Attorney-Client Privilege
REQUISITES - MARITAL PRIVILEGE

1. A valid marital relation; REQUIREMENTS FOR ATTORNEY-CLIENT PRIVILEGE

2. Confidential message between the spouses during the marriage;
3. Absence of consent from the spouse against whom the testimony is given; and 1. An attorney and client relation, or reasonable belief by the client that a person is
4. The civil or criminal case is not by one against the other or the latter’s direct licensed to engage in the practice of law;
descendants or ascendants. 2. Confidential communication that transpired in the course of professional
employment;
3. Absence of consent from the client to the attorney’s testimony, or absence of
COMPARISON - SPOUSAL IMMUNITY & MARITAL PRIVILEGE consent of both client and employer, in the event it is the attorney’s secretary,
stenographer or clerk, or other person assisting the attorney, who is sought to be
Spousal Immunity Marital Privilege examined.

The affected spouse must be a party to the The affected spouse being a party to the suit
suit. is not vital. EXCEPTIONS TO THE ATTORNEY-CLIENT PRIVILEGE

Existence of marriage at the moment of
testimony is required.
Operates as a total prohibition.
Marital privilege can subsist even after the
dissolution of marriage.
● Note: The policy of the law is that
neither the husband nor wife shall
have any reason to fear that the
confidence which belongs to the
most sacred relation of life shall
ever be betrayed in courts of
justice.
● It is immaterial whether they
believed in good faith that they
were legally married, if in fact
they were not.
Partial preclusion of evidence as it relates to
confidential communication in marital
privilege.
1. Crime-fraud clause – If the information conveyed by the client refers to a future
crime or if the client and the lawyer acted in conspiracy to transgress the law, the
privilege is not available.
2. Claimants through identical deceased client – There is no privilege in a will
contest or other case between parties who both claim through that very client. The
deceased client’s communications may be essential to an accurate resolution of
competing claims of succession.
3. Breach of duty by lawyer or client – It cannot extend to litigation between the
attorney and the client.
4. Document attested by the lawyer – The privilege never occurred since the
lawyer did not render professional legal services and the client’s intention was to
have him available to testify on the matter attested.
5. Joint clients – Unless the joint clients have expressly agreed, in a litigation
involving 2 individuals who had a fall out and later became adversaries in
litigation, the privilege is lost.
6. Waiver – There is opinion that it can only be waived by the client.

Alvarez v. Ramirez - The reasons for the rule on marital disqualification:
a) Identity of interests between husband and wife;
b) Danger of perjury;
c) Policy of the law is to guard the security and confidences of private life, even at
the risk of an occasional failure of justice and to prevent domestic disunion and
unhappiness;
d) When there is want of domestic tranquility there is danger of punishing one spouse
through the hostile testimony of another.
Where the marital and domestic relations are so strained that there is no more harmony to be
preserved nor peace and tranquility which may be disturbed, the reason based upon such
Work product doctrine - Tangible material or its intangible equivalent that is collected or
prepared in anticipation of litigation is not discoverable unless the party unable to obtain the
information has no other means of obtaining the information without undue hardship.
Regala v. Sandiganbayan - Last link doctrine is a rule that the identity of a client may
become privileged if divulging it would reveal information protected by the attorney-client
privilege, particularly if the information would provide evidence to support the indictment of
the client of a cricum. This is an exception to the rule that a client’s identity is not privileged.
● General rule. As a matter of public policy, a client’s identity should not be shrouded
in mystery. Exceptions:
○ Client identity is privileged when a strong probability exists that revealing
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 12
 the client’s name would implicate that client in the very activity for which Public Officer
he sought the lawyer’s advice
○ Where disclosure would open the client to civil liability
○ Where the government’s lawyers have no case against the client unless, by REQUIREMENTS FOR PRIVILEGED COMMUNICATION WITH A PUBLIC
revealing the client’s name, said name would furnith the only link that OFFICER
would form the chain of testimony necessary to convict an individual of a
crime 1. The communication was made to a public officer in official confidence;
2. Public interest, as determined by the court, would suffer by the disclosure of
Physician-Patient Privilege such communication made during or after his tenure – If no public interest,
no privilege.

REQUIREMENTS FOR PHYSICIAN-PATIENT PRIVILEGE

People v. Canete (child witness) - Under Sections 19 to 21 of the Rule on Examination of a
1. The physician is authorized to practice medicine, or the person consulted is a Child Witness which took effect on December 15, 2000, child witnesses may testify in a
psychotherapist or one reasonably believed by the patient to be authorized to narrative form and leading questions may be allowed by the trial court in all stages of the
practice medicine or psychotherapy; examination if the same will further the interest of justice.
2. The confidential communication was acquired for diagnosis or treatment of the
patient’s physical, mental, or emotional condition, including alcohol or drug Objections to questions should be couched in a manner so as not to mislead, confuse, frighten
addiction; and intimidate the child: Sec. 19. Mode of questioning. — The court shall exercise control
3. The privilege is invoked in a civil case. over the questioning of children so as to
1. facilitate the ascertainment of the truth,
2. ensure that questions are stated in a form appropriate to the developmental level of
Krohn v. CA (requisites for the application of physician-patient relationship) the child,
Requisites in order that the privilege may be successfully invoked: 3. protect children from harassment or undue embarrassment, and avoid waste of time.
1. the privilege is claimed in a civil case;
2. the person against whom the privilege is claimed is one duly authorized to practice
medicine, surgery or obstetrics; Journalist’s Privilege Not to Reveal Source; Newsman’s Privilege (RA 533, as amended
3. such person acquired the information while he was attending to the patient in his by RA 1477) - Without prejudice to his liability under the civil and criminal laws, the
professional capacity;
publisher, editor, columnist or duly accredited reporter of any newspaper, magazine or
4. the information was necessary to enable him to act in that capacity; and,
5. the information was confidential and, if disclosed, would blacken the reputation periodical of general circulation cannot be compelled to reveal the source of any news-report
(formerly character) of the patient. or information appearing in said publication which was related in confidence to such
publisher, editor or reporter unless the court or a House or committee of Congress finds
Priest-Penitent Rule that such revelation is demanded by the security of the State.

Information and Statements at Labor Conciliation Proceedings (Labor Code) - Article

REQUIREMENTS FOR PRIEST-PENITENT PRIVILEGE
233. Information and statements made at conciliation proceedings shall be treated as
1. The communication must have been relayed to a minister, priest, or person privileged communication and shall not be used as evidence in the Commission. Conciliators
reasonably believed to be so by the affected person, consistent with the pious and similar officials shall not testify in any court or body regarding any matters taken up at
duty enjoined in the course of religious discipline to which the minister or priest conciliation proceedings conducted by them.
belongs;
2. The confidential communication or confession or advice was given in a Judicial Privilege - Protection of any statement made in the course of a judicial proceeding by
professional character.
any judge, juror, party, witness, or advocate, in relation to a given case.

Government Privilege - It holds as confidential what a government decision maker thinks

while a case is pending. It also protects from disclosure documents reflecting communications,

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 13

advisory opinions, recommendations, and deliberations that are part of a process by which
government decisions and policies are formulated.
● Almonte v. Vasquez (state secrets) - There is a governmental privilege against the
disclosure of state secrets bearing on military, diplomatic, and similar matters, and
privilege to withhold the identity of persons who furnish information on the
violation of laws.
Air Philippines v. Penswell - Other privileged matters that are not mentioned by Rule
130. Among them are the following (not provided for in the Rules of Court):
1. editors may not be compelled to disclose the source of published news;
2. voters may not be compelled to disclose for whom they voted;
3. trade secrets;
4. information contained in tax census returns; and
5. bank deposits.
State witness – Any person who has participated in the commission of a crime and desires to
be a witness for the State, can apply and, if qualified as determined in this Act and by the
Department, shall be admitted into the Program whenever the following circumstances are
present:
CIRCUMSTANCES NECESSARY TO BE A STATE WITNESS
1. the offense in which his testimony will be used is a grave felony as defined under
the Revised Penal Code or its equivalent under special laws;
2. there is absolute necessity for his testimony;
3. there is no other direct evidence available for the proper prosecution of the
offense committed;
4. his testimony can be substantially corroborated on its material points;
5. he does not appear to be most guilty;
6. he has not at any time been convicted of any crime involving moral turpitude.
Neri v. Senate Committe on Accountability
Three elements to claim executive privilege:
1. The protected communication must relate to a quintessential and non-delegable
presidential power.
2. It must be authored, solicited, and received by a close advisor of the President or
the President himself. The judicial test is that an advisor must be in “operational
proximity” with the President; and
3. It may be overcome by a showing of adequate need, such that the information
sought “likely contains important evidence,” and by the unavailability of the
information elsewhere by an appropriate investigating authority.
Two kinds of Executive Privilege:
1. Presidential communications privilege - communications, documents or other
materials that reflect presidential decision-making and deliberations and that the
President believes should remain confidential.
2. Deliberative process privilege - advisory opinions, recommendations and
deliberations comprising part of a process by which governmental decisions and
policies are formulated.
Who are the officials covered? The privilege is meant to encompass only those functions
that form the core of presidential authority, involving what the court characterized as
quintessential and non-delegable presidential power, such as commander-in-chief power,
appointment and removal power, the power to grant pardons and reprieves, the sole
authority to receive ambassadors and other public officers, the power to negotiate treaties,
etc.
Per Curiam Supreme Court Decision in connection with the letter of the House
Prosecution Panel to subpoena Justices of the Supreme Court
Certain information contained in the records of the cases before the Supreme Court are
confidential and are exempt from disclosure. The need arises from the dictates of the
integrity of the Court’s decision-making function which may be affected by the disclosure
of the information.
Internal Rules of the Supreme Court prohibits the disclosure of:
1. Result of the raffle of cases - only available to the parties and their counsels.
2. Actions taken by the Court on each case included in the agenda of the Court’s
session - available only after the official release of the resolution embodying the
Court action.
3. Deliberation of the Members in court sessions on cases and matters pending
before it - traditionally recognized as privileged communication so that the
Members of the Court may freely discuss the issues without fear of criticism
(deliberative process privilege).
Requisites for deliberative process privilege:
1. Predecisional - precedes, in temporal sequence, the decision to which it relates;
2. Deliberative - whether the disclosure of the information would discourage candid
discussion.
Other grounds for denying access:
1. Disqualification by reason of privileged communication
2. Pendency of an action or matter.
TESTIMONIAL PRIVILEGE
Parental and Filial Privilege - Rule 130, Section 25. Parental and filial privilege. – No
person shall be compelled to testify against his or her parents, other direct ascendants, children
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 14
or other direct descendants, except when such testimony is indispensable in a crime against
COMPARISON - ADMISSION AND DECLARATION AGAINST INTEREST
that person or by one parent against the other.
● Parental Privilege - a parent cannot be compelled to testify against his child or Admission Declaration against Interest
other direct descendants
● Filial privilege - a child may not be compelled to testify against his parents or other ● Contemplated by Sec. 27; ● This is an exception to the hearsay
direct ascendants ● Can be made at any time; rule;
● Made by a party himself and is ● Can only be made ante litem
Trade Secrets - Rule 130, Section 26. Privilege relating to trade secrets. – A person cannot be primary evidence, as well as motam (before the case began);
competent despite the presence an ● Must come from either a person
compelled to testify about any trade secret, unless the non-disclosure will conceal fraud or
willingness of a party to testify; deceased or unable to testify;
otherwise work injustice. When disclosure is directed, the court shall take such protective ● Need not be against proprietary or ● Must have been made against
measure as the interest of the owner of the trade secret and of the parties and the furtherance of penal interest. proprietary or penal interest.
justice may require.

Confession - Section 34 - The declaration of an accused acknowledging his or her guilt of the
Air Philippines v. Penswell offense charged, or of any offense necessarily included therein, may be given in evidence
against him or her.
Trade Secret - a plan or process, tool, mechanism or compound known only to its owner
and those of his employees to whom it is necessary to confide it. The definition also
extends to a secret formula or process not patented, but known only to certain individuals COMPARISON - ADMISSION AND CONFESSION
using it in compounding some article of trade having a commercial value.
Admission Confession
A trade secret may consist of any formula, pattern, device, or compilation of information
that: Applied to civil transactions and to matters Acknowledgments of guilt in criminal
1. is used in one’s business; and of fact in criminal cases not involving cases.
2. gives the employer an opportunity to obtain an advantage over competitors who criminal intent.
do not possess the information.

The following are factors to determine if an information is a trade secret, to wit:
1. the extent to which the information is known outside of the employer’s business;
2. the extent to which the information is known by employees and others involved
in the business;
3. the extent of measures taken by the employer to guard the secrecy of the
information;
4. the value of the information to the employer and to competitors;
5. the amount of effort or money expended by the company in developing the
information; and
6. the extent to which the information could be easily or readily obtained through an
independent source.
ADMISSIONS AND CONFESSIONS
Admissions – Section 27. Admissions of a party. – The act, declaration, or omission of a party
as to a relevant fact may be given in evidence against him or her.
● It is a voluntary acknowledgment made by a party of the existence of the truth of
certain facts which are inconsistent with his claims in an action.
Interlocking Confessions - People v. Lising ruled:
● The rule that an extrajudicial statement is evidence only against the person making
it, also recognizes various exceptions. One such exception worth noting is the rule
that where several extrajudicial statements had been made by several persons
charged with an offense and there could have been no collusion with reference to
said several confessions, the facts that the statements are in all material respects
identical, is confirmatory of the confession of the co-defendants and is admissible
against other persons implicated therein. They are also admissible as circumstantial
evidence against the person implicated therein to show the probability of the latter’s
actual participation in the commission of the crime and may likewise serve as
corroborative evidence if it is clear from other facts and circumstances that other
persons had participated in the perpetration of the crime charged and proved. These
are known as interlocking confessions.
Confrontation clause – In all criminal cases, the accused shall enjoy the right to be
confronted with the witness against him.

Offer of Compromise - Rules found in Section 28, Rule 130:

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 15

 REQUIREMENTS FOR ADMISSION BY A CO-PARTNER OR AGENT
In civil cases, an offer of compromise is not an admission of any liability, and is not
admissible in evidence against the offeror. There must be:
1. Evidence aliunde of the partnership or agency apart from the act or declaration;
● Neither is evidence of conduct nor statements made in compromise negotiations
2. Authority from the party to make a statement on the subject or the act or
admissible, except evidence otherwise discoverable or offered for another declaration was within the scope of the authority;
purpose, such as: 3. Existence of the partnership or agency at the time of the act or declaration.
○ proving bias or prejudice of a witness
● Contract of Partnership – It exists when 2 or more persons bind themselves to
○ negativing a contention of undue delay, oe
contribute money, property, or industry to a common fund, with the intention of
○ proving an effort to obstruct a criminal investigation or prosecution.
dividing the profits among themselves.
● Agency – Connotes representation by one person for, and with the consent of,
In criminal cases, an offer of compromise by the accused may be received in evidence as
an implied admission of guilt. Exceptions: another individual.
● quasi-offenses (criminal negligence) or
● those allowed by law to be compromised Admission by a Conspirator

A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser offense,
is not admissible in evidence against the accused who made the plea or offer. REQUIREMENTS FOR ADMISSION BY A CONSPIRATOR

Neither is any statement made in the course of plea bargaining with the prosecution, which
does not result in a plea of guilty or which results in a plea of guilty later withdrawn,
admissible.
Good Samaritan Rule - The offer to pay or the payment of medical, hospital or other
expenses occasioned by an injury is not admissible in evidence as proof of criminal/civil
liability.
Admission by a Third Party - Section 29.The rights of a party cannot be prejudiced by an
act, declaration, or omission of another, except as hereinafter provided.
There must be:
1. Evidence aliunde of the conspiracy apart from the act or declaration of a
conspirator;
2. An act or declaration of a conspirator in furtherance of, and during the
conspiracy.
Tamargo v. Awigan - In order that the admission of a conspiration may be received in
evidence against his co-conspirators, the following requisites must obtain:
1. conspiracy be first proved by evidence other than the admission itself
2. the admission relates to the common object and
3. it has been made while the declarant was engaged in carrying out the conspiracy

Admission by Privies - Section 32. -Where one derives title to property from another, the
EXCEPTIONS TO THE ADMISSIONS BY A THIRD PARTY latter’s act, declaration, or omission, in relation to the property, is evidence against the former
if done while the latter was holding the title.
1. Admission of a co-partner;
2. Admission of an agent;
3. Admission of a joint owner, debtor, or one jointly interested; Admission by Silence - Section 33 - An act or declaration made in the presence and within
4. Admission of a conspirator; the hearing or observation of a party who does or says nothing when the act or declaration is
5. Admission of a privy. such as naturally to call for action or comment if not true, and when proper and possible for
him or her to do so, may be given in evidence against him or her.
Res Inter Alios Act Alteri Nocere Non Debet – A transaction between 2 parties ought not to
operate to the peril of another, or things transacted between 2 strangers do not injure those Adoptive Evidence - A party’s reaction to a statement or action by another person when it is
who are not parties to them. reasonable to treat the party’s reaction as an admission of something stated or implied by the
other person. (See: Estrada v. Desierto)
Admission by Co-partner or Agent

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 16

Previous Conduct as Evidence - Rule 130, Section 35. Evidence that one did or did not do a
certain thing at one time is not admissible to prove that he or she did or did not do the same or
similar thing at another time; but it may be received to prove a specific intent or knowledge,
identity, plan, system, scheme, habit, custom or usage, and the like.
● The general rule is that evidence of similar transactions or conduct on other
occasions is not competent to prove the commission of a particular act charged
unless the acts are connected in some special way, indicating a relevancy beyond
mere similarity in certain particulars. (Dallas Railway v. Farnsworth)
Propensity character evidence - is the use of evidence of a person's character or trait of
character to prove that he has a propensity to act in a specific manner and thus that he likely
acted in conformity with that propensity at the time of an alleged pre-trial wrong.
Unaccepted Offer - Rule 130, Section 36 - An offer in writing to pay a particular sum of
money or to deliver a written instrument or specific personal property is, if rejected without
valid cause, equivalent to the actual production and tender of the money, instrument, or
property.
● Tender of payment consists in the manifestation made by the debtor to the creditor
of his decision to comply immediately with his obligation.
● Consignation refers to the deposit of the object of the obligation in a competent
court in accordance with the rules prescribed by law after refusal or inability of the
creditor to accept the tender of payment.
● Tender of payment, if refused, does not extinguish an obligation, unless completed
by or followed by consignation of the sum due, instrument or property. However, the
effect of such tender, without consignation, is to exempt the debtor from payment of
interest and/or damages.
Consignation alone shall produce the same effect in the following cases:
(1) When the creditor is absent or unknown, or does not appear at the place of payment;
(2) When he is incapacitated to receive the payment at the time it is due;
(3) When, without just cause, he refuses to give a receipt;
(4) When two or more persons claim the same right to collect;
(5) When the title of the obligation has been lost. (See Article 1256, Civil Code)
Lejano v. People and People v. Hubert Webb - Rules on positive identification:
1. The positive identification of the offender must come from a credible witness. —
She is credible who can be trusted to tell the truth, usually based on past experiences
with her. Her word has, to one who knows her, its weight in gold.
2. The witness’ story of what she personally saw must be believable, not inherently
contrived. — A witness who testifies about something she never saw runs into
inconsistencies and makes bewildering claims.
HEARSAY RULE - Notes on codal from Sections 37-50
Hearsay – A statement other than one made by the declarant while testifying at a trial or
hearing, offered to prove the truth of the facts asserted therein.
● Statement - is (1) an oral or written assertion or (2) a non-verbal conduct of a
person, if it is intended by him or her as an assertion.
● Hearsay evidence is inadmissible except as otherwise provided in these Rules.
Statement is not hearsay if:
1. the declarant testifies at the trial or hearing and is subject to cross- examination
concerning the statement; and
2. the statement is:
a. inconsistent with the declarant’s testimony, and was given under oath
subject to the penalty of perjury at a trial, hearing, or other proceeding, or
in a deposition;
b. consistent with the declarant’s testimony and is offered to rebut an express
or implied charge against the declarant of recent fabrication or improper
influence or motive; or
c. one of identification of a person made after perceiving him or her.
COMPONENTS OF HEARSAY
1. Out-of-court statement – Hearsay potentially involves any statement made
outside of the courtroom by any person, including a prior statement made by a
witness who later testifies.
2. Offered as an assertion – If the statement is offered for its truth, then this
element is satisfied. When, however, the statement is relevant in a manner that
does not depend upon the truth of the statement, it is not hearsay.
● Double Hearsay – A hearsay statement which contains another hearsay statement;
hearsay within hearsay.
● Multiple Hearsay – Hearsay which is more than 2 levels deep.
● Negative Hearsay – It is hearsay by silence; the absence of testimony is testimony
itself. (see Silver v. New York)
Rule on Examination of Child Witness
Section 28. Hearsay exception in child abuse cases. - A statement made by a child
describing any act or attempted act of child abuse, not otherwise admissible under the
hearsay rule, may be admitted in evidence in any criminal or non-criminal proceeding
subject to the following rules:
a. Before such hearsay statement may be admitted, its proponent shall make known
to the adverse party the intention to offer such statement and its particulars to
provide him a fair opportunity to object. If the child is available, the court shall,
upon motion of the adverse party, require the child to be present at the
presentation of the hearsay statement for cross-examination by the adverse party.
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 17

When the child is unavailable, the fact of such circumstance must be proved by
the proponent.
b. In ruling on the admissibility of such hearsay statement, the court shall consider
the time, content and circumstances thereof which provide sufficient indicia of
reliability. It shall consider the following factors:
1. Whether there is a motive to lie;
2. The general character of the declarant child;
3. Whether more than one person heard the statement;
4. Whether the statement was spontaneous;
5. The timing of the statement and the relationship between the declarant
child and witness;
6. Cross-examination could not show the lack of knowledge of the
declarant child;
7. The possibility of faulty recollection of the declarant child is remote;
and
8. The circumstances surrounding the statement are such that there is no
reason to suppose the declarant child misrepresented the involvement
of the accused.
c. The child witness shall be considered unavailable under the following situations:
1. Is deceased, suffers from physical infirmity, lack of memory, mental
illness, or will be exposed to severe psychological injury; or
2. Is absent from the hearing and the proponent of his statement has been
unable to procure his attendance by process or other reasonable means.
d. When the child witness is unavailable, his hearsay testimony shall be admitted
only if corroborated by other admissible evidence.
Exceptions to the Hearsay Rule
Independently Relevant Statement – Estrada v. Desierto The ban on hearsay evidence
does not cover independently relevant statements. These are statements which are relevant
independently of whether they are true or not. They belong to 2 classes:
1) Those statements which are the very facts in issue; and
2) Those statements which are circumstantial evidence of the facts in issue.
a) Statement of a person showing his state of mind, that is, his mental
condition, knowledge, belief, intention, ill will and other emotions;
b) Statements of a person which show his physical condition, as illness and
the link;
c) Statements of a person from which an inference may be made as to
the state of mind of another, that is, the knowledge, belief, motive,
good or bad faith, etc. of the latter;
d) Statements which identify the date, place and person in question; and
e) Statements showing the lack of credibility of a witness.
Bedol v. COMELEC - Doctrine of Independently Relevant Statements - where only the
fact that such statements were made is relevant, and the truth or falsity thereof is immaterial.
Evidence as to the making of such statement is not secondary but primary, for the statement
itself may constitute a fact in issue or be circumstantially relevant as to the existence of such a
fact.
Republic v. Heirs of Alejaga - Conversations communicated to a witness by a 3rd person
may be admitted as proof that, regardless of their truth or falsity, they were actually made.
Evidence as to the making of such statements is not secondary but primary, for in itself it:
a) Constitutes a fact in issue or
b) Is circumstantially relevant to the existence of such fact.
Dying Declarations
ELEMENTS FOR ADMISSIBILITY OF A DYING DECLARATION
1. Consciousness by the declarant of his impending death – Awareness that death
is at hand is premised on either the expression of belief by the declarant, by his
conduct, or the severity of his injury or precarious condition. The consciousness
must have been at the time of making the declaration. A subsequent change of
this expectation of death does not render inadmissible a prior declaration made
while the consciousness prevailed.
2. Communication by the declarant of the cause and surrounding circumstance
of his looming death – The law does not specify the form for a dying
declaration. Any adequate method of communication will suffice, provided the
intention is positive and definite, and seems to proceed from an intelligence of its
meaning.
3. Competence of the declarant to testify – This is indispensable since the dying
declaration is in effect a testimonial statement made out of court.
4. Declaration is offered in any case relative to declarant’s death as the subject
of inquiry – The statement qualifies if it describes the accident or occurrence
causing the declarant’s mortal injury. The deceased declarant must be the person
whose death is the subject of the charge.
Note: Peralta says that a 5th element is completeness of the declaration.
People v. Serenas (requisites for dying declaration) - In order for a dying declaration to
be held admissible, four requisites must concur:
1. Declaration must concern the cause and surrounding circumstances of the
declarant’s death
2. At the time the declaration was made, the declarant must be under the consciousness
of an impending death;
3. The declarant is competent as a witness; and
4. The declaration must be offered in a criminal case for homicide, murder, or
parricide, in which the declarant is the victim.
Statement of Decedent or Person of Unsound Mind - Rules found in or deduced from
Section 39:
● It is in an action against an executor or administrator or other representative of a
deceased person, or against a person of unsound mind.
● It is upon a claim or demand against the estate of such deceased person or against
such person of unsound mind
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 18
 ● Where a party or assignor of a party or a person in whose behalf a case is prosecuted
testifies on a matter of fact occurring before the death of the deceased person or
before the person became of unsound mind.
● Any statement of the deceased or the person of unsound mind, may be received in
evidence if the statement was made upon the personal knowledge of the deceased
or the person of unsound mind at a time when the matter had been recently
perceived by him or her and while his or her recollection was clear.
● It is inadmissible if made under circumstances indicating its lack of trustworthiness.
Declaration Against Interest
ELEMENTS FOR ADMISSIBILITY OF A DECLARATION AGAINST INTEREST
1. The declarant is dead or unable to testify;
2. The adverse statement is made by the declarant on an actual or real interest who
is cognizant thereof;
3. The declarant believed the declaration to be true;
4. Where the statement is one against penal interest which exculpates the accused in
a criminal trial, there must be corroboration tending to guarantee the statement’s
trustworthiness.
People v. Bernal (requisites for DAI) - A statement may be admissible when it complies with
the following requisites, to wit:
1. that the declarant is dead or unable to testify;
2. that it relates to a fact against the interest of the declarant;
3. that at the time he made said declaration the declarant was aware that the same was
contrary to his aforesaid interest; and
4. that the declarant had no motive to falsify and believed such declaration to be true.
Pedigree/Family History
ELEMENTS FOR ADMISSIBILITY OF AN ACT OR DECLARATION ABOUT
PEDIGREE
1. The declarant is dead or unable to testify;
2. The actor or declarant is related to the subject either by birth, adoption, or
marriage, or in the absence thereof, with whose family he or she was so
intimately associated as to be likely to have accurate information concerning his
or her pedigree;
3. Proof of relationship between the declarant or actor and the subject is established
by evidence other than by such act or declaration;
4. The act or declaration was made ante litem motam (before the case began).
Tison v. CA - Conditions for declaration about pedigree:
1. That the declarant is dead or unable to testify;
2. That the declarant be related to the person whose pedigree is the subject of inquiry
3. That such relationship be shown by evidence other than the declaration; and
4. That the declaration was made ante litem motam, that is, not only before the
commencement of the suit involving the subject matter of the declaration, but before
any controversy has arisen therefrom.
People v. Alegado (proving age of rape victim) - Requisites for admissibility of testimony
to prove pedigree:
1. That there is controversy in respect to the pedigree of any of the members of a
family
2. That the reputation or tradition of the pedigree of the person concerned existent
previous to the controversy
3. That the witness testifying to the reputation or tradition regarding the pedigree of the
person must be a member of the family of said person
ELEMENTS FOR EVIDENCE OF FAMILY REPUTATION OR TRADITION
1. The witness who testifies is related to the subject either by consanguinity, affinity,
or adoption;
2. The existence of such reputation or tradition in the family ante litem motam.
Common Reputation – Simply means general or undivided reputation.
Res Gestae – Means the “transaction, thing done, subject matter.”
● With reference to hearsay, it is loosely used to describe declarations, exclamations,
acts or conduct of a participant or witness of the principal transaction in suit, the
statements or acts being such as tend to explain or illustrate the transaction which
they accompany and with which they are substantially contemporaneous.
DBP Pool of Accredited Insurance Companies v. RMN - The rule in res gestae applies
when the declarant himself did not testify and provided that the testimony of the witness, who
heard the declarant, complies with the following requisites:
1. that the principal act, the res gestae, be a startling occurrence;
2. the statements were made before the declarant had the time to contrive/devise a
falsehood; and
3. that the statements must concern the occurrence in question and its immediate
attending circumstances.
Spontaneous Exclamation
ELEMENTS FOR ADMISSIBILITY OF SPONTANEOUS EXCLAMATION
1. There is a startling occurrence as the principal act;
2. There is no opportunity to contrive;
3. The statement, under the stress of excitement caused by, and relates to, the
occurrence.
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 19
Verbal Act Records of Regularly Conducted Business Activity (Business Entries)
ELEMENTS FOR ADMISSIBILITY OF VERBAL ACT
ELEMENTS FOR ADMISSIBILITY OF BUSINESS ENTRIES
1. An equivocal principal act;
2. A statement material to the issue; 1. A writing or other recordation of the declarant’s hearsay statement;
3. The statement must accompany the main act; 2. Regularity in record keeping;
4. The utterance must provide legal significance or elucidate the act.
3. Entry is made as a routine in a regular course or conduct of a business activity;
and
Verbal Act doctrine – The admissibility of the actor’s utterance is based on the assumption 4. Entry is effected forthwith or contemporaneously, i.e. at or near the time of
that the main act itself was colorless, and required to be made more definite in one respect or information, to preclude lapsed memory.
another.
● The test is whether the act was “equivocal” and whether the utterance needs to
Security Bank v. Gan (entries made in corporate books) - Conditions in the admission in
remove this equivocality and give definite effect.
evidence of entries in corporate books:
1. The person who made the entry must be dead, or unable to testify;
COMPARISON - DYING DECLARATION AND RES GESTAE 2. The entries were made at or near the time of the transactions to which they refer;
3. The entrant was in a position to know the facts stated in the entries;
4. The entries were made in his professional capacity or in the performance of a duty,
Dying Declaration Res Gestae
whether legal, contractual, moral or religious; and
5. The entries were made in the ordinary or regular course of business or duty.
Can be made only by the victim. May be that of the killer himself after or
during the killing or that of a third person.
Official Records
Made only after the homicidal attack has Statement may precede, accompany or be
been committed. made after the homicidal act was ELEMENTS FOR ADMISSIBILITY OF OFFICIAL RECORDS
committed.
1. The entries were made by a public officer in the regular performance of his or her
Trustworthiness of a dying declaration is Its justification is in the spontaneity of the
duties or by a person in the performance of a duty specially enjoying by law; and
based upon its being given under an statement.
awareness of impending death. 2. Personal cognition of the facts stated on the entry, or such facts were acquired
from official information.
Doctrine of Multiple Admissibility – Under this doctrine, both concepts can coexist.

Present Sense Impressions – Statement describing or explaining an event or condition, or COMPARISON - BUSINESS ENTRIES AND PUBLIC OR OFFICIAL ENTRIES
immediately thereafter.
Business Entries Public or Official Entries

Declaration of Present State of Mind – Statements describing a person’s then existing state Entails testimony of the custodian or other Does not require the testimony of the
of mind. qualified witness. custodian or other qualified witness as a
precondition to admissibility.
Declaration of Present Physical Condition – Statements usually involving pain, but should
not be an “opinion” regarding this pain. Required for the record to be created No such requirement.
● Declaration may be an exclamation or a narration. The expression need not be of an contemporaneously, and in a routine manner
with reference to the event or transaction for
involuntary nature such as a scream, grimace, or groan. Can relate to symptomology,
official entries.
including the existence of pain, but past symptoms are excluded.

EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 20

Commercial Lists - Examples: market reports and similar commercial publications such as
market quotations, lists, directories or other compilations that are generally relied on by the
public or by persons in particular occupations.
Learned Treatises
CONDITIONS FOR ADMISSIBILITY OF LEARNED TREATISES
1. The court takes judicial notice thereof; or
2. The work is testified to by a witness, equally acknowledged as an expert in the
same field of study, that the writer of the statement in the treatise, periodical or
pamphlet is recognized in his profession or calling as an expert in the subject.
Other Exceptions
Reported Testimony Rule - If the witness is not available to testify by reason of death, or
outside of the Philippines, or is unable to testify due to insuperable causes, previous
testimonial evidence of the witness or deponent can be utilized as an exception to the hearsay
evidence rule.
Former Testimony or Deposition at Former Proceeding
● Witness - The rule which permits the testimony of a witness to be used in a
subsequent proceeding, it appearing that the witness is dead, outside of the
Philippines, insane, absent or otherwise unavailable despite the exercise of due
diligence, applies impartially to all witnesses.
○ Where the witness cannot be found after diligent search, or appears to
have been kept away by the adverse party, his testimony at a former trial is
admissible.
○ But a witness who refused to testify does not come within the legal
purview of those unable to testify in which case the witness can be
arrested and punished for contempt.
● Testimony - As an exception to the hearsay rule, the term “testimony” should be
restricted to only recorded statements that are made under oath and subject to
prosecution for perjury, including deposition.
● Proceeding - Should be broadly interpreted to encompass any form of official
inquiry conducted in accordance with law, including judicial, administrative and
legislative forums.
Residual Exceptions
ELEMENTS FOR ADMISSIBILItY
1. The statement must possess circumstantial guarantee of trustworthiness akin to
specific hearsay exceptions;
2. The statement is offered as evidence of a material fact;
3. The statement is more probative on the point for which it is offered than any
other evidence which the proponent can procure through reasonable efforts;
4. Admission of the evidence will serve the purpose of the rules and justice;
5. The proponent notifies the opponent of the intention to offer the statement, with
details of the name and address of the declarant, sufficiently in advance of the
hearing, or pre-trial conference as prelude to trial, for the adverse party’s fair
opportunity to meet the intention.
● Circumstantial Guarantees of Trustworthiness - The “catch-all” provision provided
by the residual exception rule.
● Ancient Documents (aside from the exception to the authentication rule) -
Recitals in these documents are received in proof of their truth.
● Prior judgments as evidence of facts supporting them - Growing tendency to hold
admissible in a civil action a judgment of conviction in a criminal action as proof of
the facts on which the conviction was obtained.
OPINION RULE
Rule 130, Section 51. General rule. – The opinion of a witness is not admissible, except as
indicated in the following sections. (48)
Rule 130, Section 52. Opinion of expert witness. – The opinion of a witness on a matter
requiring special knowledge, skill, experience, training or education, which he or she is
shown to possess, may be received in evidence. (49a)
Rule 130, Section 53. Opinion of ordinary witnesses. – The opinion of a witness, for which
proper basis is given, may be received in evidence regarding –
(a) [T]he identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior, condition
or appearance of a person. (50a)
COMPARISON - FACT AND OPINION
Fact Opinion
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 21

Whatever is susceptible of exact knowledge
is a matter of fact.
It includes those conclusions reached by the
trior from shifting testimony, weighing
evidence, and passing on the credit of the
witnesses, and it does not denote those
inferences drawn by the trial court from the
facts ascertained and settled by it. (Kalalo v.
Luz)
What is not susceptible of exact knowledge
is generally regarded as an expression of
opinion. (Kalalo v. Luz)
An inference of conclusion drawn by a
witness from facts, some of which are
known to him and others assumed, or drawn
from facts, which, although lending
probability to the inference, do not evolve it
by a process, of absolutely necessary
reasoning.
professional dialogue, and swifter identification of the critical areas of disagreement between
the experts. (ISAA v. Greenpeace)
Lay opinion - See Section 53, Rule 130. A non-expert must always lay the foundation for his
opinion by stating, as fully as possible, the evidential facts upon which he bases his opinion.
Collective Facts Rule - Impressions which are based upon a great variety of circumstances
and a combination of appearances, which because either of the witness' infirmity or the
infirmity of our language cannot be adequately or better expressed, may be testified to by
those who have personally observed the facts. (Virginia Ry. & Power v. Burr)

An opinion is an act of reasoning, or is a Shorthand descriptions - Where it is not possible to break an opinion into its rudimentary
fact in which the element of inference is components, lay opinion in "short-hand" form may be admitted.
prominent. ● If their inferences, drawn from their observation of the facts, are such as to justify
confidence, and the facts and proper inferences therefrom are so blended as to make
Opinion evidence - the testimony of a witness, given or offered in the trial of an action, that separation difficult, they may generally state their conclusions.
the witness is of the opinion that some fact pertinent to the case exists or does not exist,
offered as proof of the existence or non-existence of the fact. Polygraph and lie detection - Physical responses recorded are: 1) galvanic skin responses;
2) sweating of the palms; 3) blood pressure; 4) respiration; and 5) sometimes, the changes in
Expert Opinion the flow of the blood to the tip of the index finger.

FACTORS TO BE PRESENT - WITNESS TO TESTIFY AS AN EXPERT: TWO MAIN TECHNIQUES TO ELICIT INVOLUNTARY RESPONSE

1. Training and education; 1. Relevant-irrelevant Test - questions of no moment are used to measure the
2. Particular, firsthand familiarity with the facts of the case; and subject’s physiological state while telling the truth. The results from these
3. Presentation of authorities or standards upon which his opinion is based. questions are then compared to the subject’s answers to relevant questions. If they
match, the subject is telling the truth.
2. Control question technique - a general and vague illegal activity. Innocent
Expert evidence - emanates from a testimonial sponsor with special knowledge, skill, subjects respond more fully and readily to these control questions about the event
experience, or training. in question; while the opposite is true for guilty subjects.

Expert opinion - The opinion of a witness on a matter requiring special knowledge, skill,
- Hail the OG Boiz -
experience or training which he is shown to possess, may be received in evidence.

ADMISSIBILITY OF EXPERT OPINION

1. The matter to be testified to is one that requires expertise; and

2. he witness has been qualified as an expert

Concurrent expert evidence - “hot tub method” - In a "hot tub" hearing, the judge can hear
all the experts discussing the same issue at the same time to explain each of their points in a
discussion with a professional colleague. The objective is to achieve greater efficiency and
expedition, by reduced emphasis on cross- examination and increased emphasis on
EVIDENCE 2021 QUICK NOTES. Atty. Villareal. Internal Waters. C2022.| 22