CRIMINAL EVIDENCE POINTERS TO REVIEW leading questions as in cross The rules governing the issuance of a subpoena to the witness
les governing the issuance of a subpoena to the witness in this
1. EXAMINATION OF WITNESSES
*.. Examination to be done in open court. The examination of witnesses presented in a trial or hearing shall be
done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the
question calls for a different mode of answer, the answers of the witness shall be given orally.
2. FACTORS AFFECTING CREDIBILITY OF WITNESS BDARTSV
 Their Behavior at the Witness Stand
 Delay in Giving Testimony
 Attitude of Witnesses toward Litigants
 Relationship of Witness to Litigants
 Testimony of Interested Persons
 Self-Contradictions
 Variance with Testimony of Other Witnesses
3. ORDER IN THE EXAMINATION OF INDIVIDUAL WITNESS  DCRR
 Direct examination by the proponent;
 Cross-examination by the opponent;
 Re-direct examination by the proponent;
 Re-cross examination by the opponent.
4. REQUISITES OF OFFER OF EVIDENCE EO
 Evidence must be FORMALLY OFFERED.
 Offer must be SPECIFIC.
5. JUDICIAL AFFIDAVIT
 Functions of Judicial Affidavits:
(i) they take the place of direct testimonies; and
(ii) they identify and authenticate documentary or object evidence in the case.
 Submission of Judicial Affidavits, How and When: They are to be filed (i) with the court and
copies served on the adverse party, personally or by licensed courier service; and (ii) not later than
5 days before pre-trial or preliminary conference or the scheduled hearing with respect to motions
and incidents.
 Preparation of Judicial Affidavits: In the language known to the witness but, if this is not in
English or Filipino, it is to be accompanied by a translation in English or Filipino. Testimonies will
be quoted in pleadings in their original version with the English or Filipino translation in parenthesis
provided by the party, subject to counter translation by opposing side.
 Content of the Judicial Affidavit: (i) Personal circumstance of the witness; (ii) the identity of the
lawyer who conducts or supervises the examination of the witness; (iii) the place where the
examination is being held; and (iv) a statement that the witness is answering the questions under
oath and that he may face criminal liability for false testimony or perjury.
 Contents of the Affidavit Proper: (i) numbered questions and answers showing personal
knowledge of the facts that the witness is testifying on; (ii) questions and answers that elicit fact
relevant to the issues; and (iii) questions and answers that identify the attached documentary and
object evidence and establish their authenticity in accordance with the Rules of Court.
 Responsibility of the Examining or Supervising Lawyer: He must execute a sworn attestation
at the end of the judicial affidavit that (a) he faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers that the witness gave; and (b) neither he nor
any other person then present coached the witness regarding his answers.
 Consequence of a False Attestation: It will subject the lawyer-examiner or the supervising
lawyer to disciplinary action, including disbarment.
 Judicial Affidavits of Uncooperative Witnesses: If the government employee or official, or the
requested witness, unjustifiably declines to execute a judicial affidavit or refuses without just cause
to make the relevant books, documents, or other things under his control available for copy,
authentication, and eventual production in court, the requesting party may avail himself of the
issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. No
judicial affidavit is required from the adverse party or hostile witness since he can be queried with
case shall be the same as when taking deposition except that the taking of a judicial affidavit shall
be understood to be ex parte.
 Remedy of Opposing Party if Inadmissible Evidence is Introduced via the Judicial Affidavit:
The rule requires the party presenting the judicial affidavit of his witness to state at the start of the
presentation of the witness the party’s purpose for presenting such testimony. The adverse party
may then move to disqualify the witness or to strike out his affidavit or any of the answers found in
it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall
cause the exclusion of the offending answer by placing it in brackets. Moreover, if cross
examination reveals an inadmissible testimony in the judicial affidavit, the adverse party could of
course also ask for its striking out. This is without prejudice to a tender of excluded evidence
under Section 40, Rule 132 of the Rules of Court.
 Cross-Examination of Witness: The adverse party shall have the right to cross-examine the
witness on his judicial affidavit and on the exhibits attached to the same. Since he has been given
a copy of the judicial affidavit long before the hearing, the adverse party would have no reason to
seek postponement. The party who presents the witness may also examine him as on re-direct.
 Examination of the Witness by the Court: The Judicial Affidavit Rule signals the shift in our
system for hearing cases from purely adversarial to a combined adversarial and inquisitorial
system, patterned after many successful models in the world. In every case, the judge shall take
active part in examining the witness. He is not limited to asking clarificatory questions; he may
also ask questions that will determine the credibility of the witness, ascertain the truth of his
testimony, and elicit the answers that the judge needs for resolving the issues.
 Offer of Documentary and Object Exhibits: After terminating the testimony of his last witness, a
party shall immediately make an oral offer of evidence of his documentary and object exhibits,
piece by piece, in their chronological order, stating the purpose or purposes for which he offers the
particular exhibit. After each piece of exhibit is offered, the adverse party shall state the legal
ground for his objection to it, if any, and the court shall immediately make its ruling respecting that
exhibit.
 Application of the Judicial Affidavit Rule to Criminal Actions: Judicial Affidavit Rule shall
apply to all criminal actions where (i) the maximum of the imposable penalty does not exceed six
years; (ii) irrespective of the penalty involved, where the accused agrees to the use of judicial
affidavits; (iii) with respect to the civil aspect of the actions, whatever the penalties involved are.
 Submission of Judicial Affidavits in Criminal Actions, When: The prosecution shall submit the
judicial affidavits of its witnesses not later than five (5) days before the pre-trial, serving copies of
the same upon the accused. No further judicial affidavit or documentary or object evidence may
be admitted at the trial. If the accused desires to be heard on his defense after receipt of the
judicial affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well
as those of his witnesses to the court within ten (10) days of receipt of such affidavits and serve a
copy of each on the public and private prosecutors or keep his silence.
 Effect of Party’s Failure to Submit his Judicial Affidavit: Party shall be deemed to have
waived their submission. But the court may give him one last chance if the delay is for a valid
reason, would not unduly prejudice the opposing party, and the defaulting party pays a fine of not
less than P1,000.00 nor more than P5,000.00, at the discretion of the court.
 Effect of Absence of Witness or of Counsel at the Scheduled Hearing: The court shall not
consider the affidavit of any absent witness. Counsel who fails to appear without valid cause shall
be deemed to have waived his right to cross examine.
 Effect of Submission of Non-Compliant Judicial Affidavits: The court shall not admit them in
evidence. But it may allow only once the subsequent submission of the compliant replacement
affidavits before the hearing or trial provided the delay is for a valid reason, would not unduly
prejudice the opposing party, and the public or private counsel responsible for their preparation
and submission pays a fine of not less than P1,000.00 nor more than P5,000.00, at the discretion
of the court.
 Application of the Judicial Affidavit Rule to Existing Cases and Existing Cases which had
already undergone Pre-Trial: Remaining testimonies shall be treated as incidents to be heard by
judicial affidavits.

6. RES GESTAE AND ITS 5 DISTINCT HEARSAY EXCEPTIONS EVPPD
  EXCITED UTTERANCE is a statement relating to a startling event or condition, made
while under the stress of excitement caused by the event or condition.
 VERBAL ACTS are utterances which accompany some act or conduct to which it is
desired to give a legal effect. When such act has intrinsically no definite legal
significance, or only an ambiguous one, its legal purport or tenor may be ascertained
by considering the words accompanying it, and these utterances thus enter merely as
a verbal part of the act.
 Present Sense Impression Defined-A statement describing or explaining an event or
condition made while perceiving the event or condition or immediately thereafter.
 Present State of Mind or Intent-
A statement of the declarant’s then-existing state of mind, emotion, sensation, or
physical condition.
The rule further provides specific examples, such as statements of intent, plan, motive,
design, mental feeling, pain and bodily health. Memory of events is specifically excluded. If
the exception allowed the memory of events to be encompassed within the state of mind
definition, the virtual destruction of the hearsay rule would result.

 Declaration of Physical Condition or Statements for Purposes of Medical

Diagnosis or Treatment -Statements may describe medical history, or past or present
symptoms, pain or sensations, or the inception or general character of the cause or
external source thereof insofar as reasonably pertinent to diagnosis or treatment
7. HEARSAY RULE AND THE EXCEPTIONS TO THE HEARSAY RULE
 Dying Declaration (Sec. 38)
 Statement of decedent or person of unsound mind (Sec. 32)
 Declaration against interest (Sec. 40)
 Act or declaration about pedigree (Sec. 41)
 Family reputation or tradition regarding pedigree (Sec. 42)
 Common Reputation (Sec. 43)
 Res Gestae
 Records of regularly conducted business activity (Sec. 45)
 Entries in official records (Sec. 46)
 Commercial lists and the like (Sec. 47)
 Learned treatises (Sec. 48)
 Testimony or deposition at a former proceeding
 Residual exception (Sec. 50)
8. PROVING THE EXECUTION AND CONTENTS OF LOSS OR DESTROYED DOCUMENT.

 by a copy, or
 by a recital of its contents in some authentic document, or
 by the recollection of witnesses.