Professional Documents
Culture Documents
AMICI-LECTURE EVIDENCE Atty.-Hingpes
AMICI-LECTURE EVIDENCE Atty.-Hingpes
AMICI-LECTURE EVIDENCE Atty.-Hingpes
• EVIDENCE
EVIDENCE -
- The means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
RULE OF UNIFORMITY - Rules on evidence shall be the same in all courts and all trials and hearings
- There is a need to present evidence when the court has to resolve a question of fact.
3. Matter
Matterss of jud
judici
icial
al n
noti
otice
ce
4. Law pre
presum
sumeses tthe
he tr
truth
uth of
of a fact
fact
- Rules on Electronic evidence applies to Civil, criminal, quasi judicial and administrative cases
EVID IN
EVID IN CIVIL
CIVIL CASES
CASES EVID IN CRIMINAL CASES
Preponderance
Preponderance of Evidence Proof beyond reasonable doubt
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EVID IN CIVIL CASES EVID IN CRIMINAL CASES
An o!er of compromise is not an admission of Except in Quasi o"enses or those allowed by law
liability and is not admissible in evidence to be compromised, An o"er of compromise may
against the o!eror be received in evidence as implied admission of
guilt
Evidence of moral character of a party is Not allowed to prove the bad moral character of
admissible as long as it is pertinent to issue of the accused even if it is pertinent to the moral trait
character involved in the case involved.
It can only do so in REBUTTAL
- Matters of judicial notice, conclusive presumptions and judicial admissions are not factum
probandum because there is no need to establish the same
- Factum Probandum in civil case refers to the elements of a cause of action
- Mere filing of the complaint does not give rise to a factum probandum
- When the defendant files an answer and makes no specific denial, no factum probandum
- In criminal cases, Factum probandum arises only when the accused enters a plea of not
guilty
- In every prosecution of Illegal sale of drugs, the presentation of the drugs as evidence is
material because the identity of the seized drugs should be established beyond reasonable
doubt
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- Rules on Evid may be waived. If not objected, the evidence becomes admissible because of
waiver.
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ADMISSIBILITY OF EVIDENCE
Elements of admissibility:
1. Re
Rele
leva
vant
nt (R
(Rel
elev
evan
ance
ce))
2. Not e
excl
xclude
uded
d by tthe
he ru
rules
les (Com
(Compet
petenc
ence)
e)
- Upon a timely objection, Oral evidence will be excluded to prove a contract of sale of a
parcel of land which does not conform
confor m with Statute of frauds.
Relevant Evidence - must have such relation to the fact in issue as to induce belief in its
existence or non existence.
Collateral Matters - connotes an absence of a direct connection between the evidence and
the matter in a dispute. It is generally not allowed.
Exceptions: It
Exceptions: It may be admitted if it has the tendency to induce belief as to the
probability or improbability of the issues of the case as when it would have the effect of
corroborating or supplementing facts previously established by direct evidence.
Competent Evidence - on one that is not excluded by the rules in a particular case.
- It is a matter of rule or law
- For witnesses, Competence is the qualifications of the witness
- Objecting on the ground that it is INCOMPETENT is a general objection. It is not allowed.
- The objection shall specifically specify the incompetence such as leading or hearsay
- An evidence may be admissible but its evidentiary weight depends on judicial evaluation
-
Weight pertains to its tendency to convince and persuade
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Conditional Admissibility - Relevance of the piece of evidence is not apparent at the time that it
is offered, but the relevance of which will readily be seen when connected to other pieces of
evince not yet offered.
- Prove admissibility at a later time
Curative Admissibility - allows a party to introduce inadmissible evidence to answer the opposing
party’s precious introduction of inadmissible evidence.
- If a hearsay evidence or evidence not allowed by the law was erroneously admitted despite
objection, under the principle of curative admissibility, the court should allow hearsay
evidence favorable to the defendant
Direct Evidence - proves a fact without the need to make an inference from another fact.
Circumstantial evidence or indirect evidence - that evidence which indirectly proves a fact in
issue through an inference which the fact finder draws from the evidence established.
- When finger prints were found in the crime scene - circumstantial evidence
- Conviction if possible if the established circumstances constitute an unbroken chain consistent
with each other and to the hypotheses that he accused is guilty
Cumulative Evidence - evidence of the same kind and character as that already given which
tends to prove the same proposition.
Corroborative Evidence - One that is supplementary to that already given tending to strengthen
or confirm it. it is additional evince of a different character to the same point.
- Testimony of a sole witness is sufficient to support a conviction so long as it is clear,
straightforward and worthy of credence
- Corroborative evidence is necessary only when there are reasons to suspect that the witness
falsified the truth or that his observations are inaccurate.
- Corroboration shall not be required of a testimony of a child
Positive Evidence - when a witness affirms in the stand that a certain state of facts foes exists or
that a certain event happened.
Negative Evidence - when the witness states that an event did not occur to that the state of
facts alleged to exist does not actually exists.
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- Negative finding in a paraffin test is not a conclusive evidence that one has not fired a gun
because it is possible for a person to fire a gun and yet bear no traces of nitrates or gun
powder as when the culprit washes his hands or wears gloves.
- Defense of denial is viewed with disfavor for being inherently weak. It cannot prevail over the
positive and credible testimony of prosecution witnesses.
- Greater weight is given to the positive identification of the accused by the prosecution
witnesses than the accused’s denial.
- evidence
Denial as a defense can only prosper when substantiated with clear and convincing
Credibility - worthiness of belief that quality which renders a witness worthy of belief.
ALIBI
ALIBI
- Inherently weak and shall be rejected when the identity of the accused is satisfactorily and
categorically established by the eyewitnesses of the offense.
- Positive identification prevails over alibi
- Alibi may serve as a basis for acquittal if it can really be shown by clear and convincing
evidence that it was indeed physically impossible for the accused to be at the scene of the
crime at the time of its commission.
PHYSICAL IMPOSSIBILITY - Distance and facility of access between the situs criminal and the
location of the accused when the crime is committed.
- It is not physically impossible to go to Cebu if you are in QC.
- Delayed reporting by witnesses of what they know about the crime does not render their
testimonies false or incredible.
- Flight is not per se synonymous with guilt. However when flight is unexplained it is a
circumstance from which an inference of guilt may be drawn.
- Non flight does not signify innocence.
Burden of Proof / Onus Probandi - the obligation of a party to a litigation to persuade the court
that he is entitled to relief.
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Burden of proof is the duty of a party to present evidence on the facts in issue necessary to
establish his claims or defense by the amount of evidence required by law.
1. Pro
Proof
of Bey
Beyond
ond Reason
Reasonabl
able
eDDoub
oubtt - Degree of proof that after investigation of the whole
record, produces moral certainty in an unprejudiced mind of the accused’s culpability.
2. Cle
Clear
ar and Convin
Convincin
cing
g Evid
Evidence
ence - produces in the mind of the trier of fact a firm belief or
conviction as to allegations sought to be established.
- It is in the more
m ore than preponderance but less than proof beyond reasonable doubt.
1. Granting bail in Extradition cases
2. Once an accused in a prosecution for murder or homicide admitted his infliction of the
fatal injuries, he assumed the burden to prove by clear,
clear, satisfactory and convincing
evidence the justifying circumstance that would avoid is liability
3. Pr
Prep
epond
onder
eran
ance
ce of
of Evid
Evidenc
ence
e - The evidence adduced by one side as a whole is superior to
that of the other side. - FOR CIVIL CASES
4. Subs
Substa
tant
ntia
iall Evide
Evidenc
nce
e - The amount of relevant evidence which a reasonable mind might
accept as adequate to justify conclusion. For administrative cases, Quasi judicial bodies
Termination cases, agrarian cases, Writ of Amparo
- The test for determining where the burden of proof lies is to ask which party to an action or suit
will fail if he offers no evidence competent to show the facts averred as the basis for the relief
he seeks to obtain.
Burden of evidence - duty of a party to go forward with the evidence to overthrow the prima
facie evidence against him.
Equipoise Doctrine - where the evidence of the parties is evenly balanced, or there is doubt on
which side the evidence preponderates, the decision should be against the party with the
burden of proof.
- In civil cases, where
cases, where the burden of proof is on the plaintiff and the evidence does not suggest
that the scale of justice should weigh in his favor
f avor,, the court should render a verdict for the
defendant.
- In Criminal cases - If evenly balanced, The constitutional presumption of innocence of the
accused shall be favored.
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4. Familiarity of the witness or person who made the entry with the communication and
information system
5. Nature and quality of information which went into the communication and information
system.
6. Other factors.
B. PRESUMPTIONS:
- It is also an inference of the existence or non existence of a fact which courts are permitted to
draw from proof of other facts. It is mandatory unless rebutted.
KINDS OF PRESUMPTIONS:
Conclusive Presumption or Irrebuttable (Presumption juris et de jure): Inferences which the law
make so preemptory that it will not allow them to be overturned by the contrary proof however
strong.
- Doctrine of Estoppel - The person making the representation cannot claim benefit from the
wrong he himself committed.
- Estoppel in Pais & Estoppel by deed
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5. Thing delivered
delivered to
to another
another belonged
belonged to
to the latter
latter..
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CHAPTER 3: JUDICIAL NOTICE AND JUDICIAL ADMISSIONS
A. Judicial Notice
- What is known need not be proved. The court may dispense with the presentation of
evidence on judicially cognizable facts.
1. WH
WHEN
EN MA
MAND
NDAT
ATOR
ORY
Y
- No meeting or hearing is necessary for the court to take judicial notice of such matter
because it is what it says it is.
- SC: Lower courts shall take judicial notice of the fact that congress and SC have both officially
of ficially
recognized UP’s indefeasible title to its landholdings.
2. WHEN DISCRETIONARY
- The court may take judicial notice of matters which are of
of
1. public knowledge
2. Capable of unquestionable demonstration
3. Ought to be known to judges because of their judicial functions
- Judicial notice is limited to facts evidenced by public records and of general notoriety
- Judicial notice is not judicial knowledge. the mere personal knowledge of the judge is not the
judicial knowledge of the court.
- The court can take judicial notice of a fact
f act during or after trial.
- DURING TRIAL - May announce its intention to take judicial notice of any matter.
matter. On its own
initiative or the initiative if any party
- AFTER TRIAL & BEFORE JUDGMENT -
JUDGMENT - May be taken on appeal.
- Our courts cannot take judicial notice of foreign
fo reign laws. They must be alleged and proved.
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Doctrine of 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.
- Where the foreign law is within the actual knowledge of the court, such as it is generally well
known, and none of the parties claim otherwise, the court may take judicial notice.
- While courts may take judicial notice of its own acts and records IN THE SAME CASE, the courts
are not authorized to take judicial notice of contents of records of OTHER CASES even when
such cases have been tried or pending in the same court.
- EXCEPTIONS:
1. In the abs
absence
ence of any obj
objectio
ection n and with the knknowled
owledge
ge of the oppos
opposing
ing part
party,
y, the conte
contents
nts
of said other case are clearly referred to by title and number in a pending action and
adopted to and read into the record of the latter.
2. When the ori
original
ginal record
record of the othe
otherr case or any pa
part
rt of it is actua
actually
lly withdraw
withdrawn
n from the
archives at the court’s discretion upon the request or with the consent of the parties and
admitted as part of the record of the pending case.
cabinet member
m ember..
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B. JUDICIAL ADMISSIONS
- An admission, verbal or written, made by a party in the course of the proceedings in
the same case, does not require proof. the admissions may be contradicted only by showing
that it was made through PALPABLE MISTAKE or that no such admission was made.
ELEMENTS:
1. Made by a party to the case.
2. Made in the course of the proceedings in the same case.
3. No form needed
- Admissions in pleadings and motions are judicial admissions. In order for allegations in the
complaints not to be considered as judicial admissions, SPECIFIC DENIAL must be made.
- Admissions of a non party does not fall within this definition
- If made in another proceeding, not judicial admission in the case but merely extrajudicial
admissions
- Pre trial orders are conclusive upon the parties.
- A party may make judicial admission in pleadings, during trial either verbal or written or in
other stages of judicial proceedings.
- Any question as to admissibility of text messages as evidence is rendered moot and academic
if the party raising such issue admits the authorship of the same
- Averments in the pleadings like immaterial allegations, Conclusions of law and unliquidated
damages are not deemed admissions even if a party fails to make specific denial.
- Allegations of usury shall be specifically denied or else deemed admitted.
- Admissions of the accused in pre trial in criminal case must first comply with the requirements
that it must be written and signed by the accused and counsel.
- EXCEPT:
EXCEPT: STIPULATIONS
STIPULATIONS OF FACTS IN PRE TRIAL. Because it is automatically reduced in writing.
- Admissions obtained through modes of discoveries are also considered judicial admissions.
- Admissions in a superseded pleading (because of amendment) shall be considered as
extrajudicial admissions which must be proven.
- Admissions in pleadings that have been dismissed are merely extrajudicial admissions.
- If the motion to discharge an accused as state witness is denied, his sworn statement,
submitted to support the motion SHALL BE INADMISSIBLE IN EVIDENCE.
- Judicial admissions cannot be contradicted by the admitted who is the party himself and binds
the person who makes the same, absent any showing that this was made through palpable
mistake
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2. Th
That
at n
no
o ad
admi
miss
ssio
ion
n was
was made
made
3. Contra
Contrary
ry to la
law,
w, good
good customs
customs,, pub
public
lic poli
policy.
cy.
PALPABLE - Clear
- Clear to the mind or plain to see
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CHAPTER 4: OBJECT AND DOCUMENTARY EVIDENCE
Object Evidence - Objects as evidence are those addressed to the senses of the court.
- To authenticate the object, it must be shown that it is the very one involved to prove an issue
- To authenticate an object, there must be someone who should identify the object to be at
the actual thing involved in the litigation
- Court shall not consider evidence that are not formally offered.
- Right against self incrimination cannot be invoked against object evidence because it
involves no TESTIMONIAL COMPULSION.
a. Ph
Phot
otog
ogra
rap
phs
b. Mot
Motion
ion pict
picture
uress and
and recor
recordin
dings
gs - A person must testify that the motion picture accurately
and faithfully represents the place or person it purports to portray.
- In tape recordings, the witness shall identify the speakers, state how he recognizes their voices
vo ices
and that the recording was not taken in violation of Anti Wiretapping
- Must be authenticated by either:
- Person who made the recording
Page 11 of 49
- Some other person competent tho testify the accuracy thereof
c. Diagra
Diagrams
ms,, maps
maps or models
models
- It must be identified by a witness who is familiar with what the evidence depicts and
such the same same representation of what it portrays
d. Xr
Xray
ay Pi
Pict
ctur
ures
es
e. Scientific
Scientific tests
tests,, d
demons
emonstratio
trations
ns and experiments
experiments
f. Text Messages
- To be proved by the testimony of a person who was a party to the same or has personal
knowledge of them.
An inspection or view outside the courtroom should be made in the presence of the parties or at
least with previous notice to them.
Chain of Custody - The 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 time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to
presentation in the court for destruction
PROCESS:
PROCESS:
1. The law requires the apprehending team to conduct a physical inventory as well as to
photograph the same done immediately and in the presence of the accused or his
representative or counsel with an elected public official and a representative of NPS or the
media who shall be required to sign.
2. Within 24 hours upon confiscation, the same shall be submitted to PDEA for examination
3. After filing of the criminal case, the court shall within 72 hours conduct an ocular inspection
of the confiscated drug and through the PDEA shall within 24 hours proceed with the
destruction of the same in the presence of the accused or his representative or counsel, a
representative from media and DOJ, Civil society groups and any elected public official.
4. Dangerous drugs board shall then issue a sworn certification as to the fact of destruction
- Testimony about every link in the chain from the moment the item was picked up to the time it
is offered to evidence
- If the forensic chemist is a public officer, he need not to testify. Chemist report is a public
document. It is admissible in evidence without further proof of its due execution.
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EXCEPTION TO NON COMPLIANCE TO CHAIN OF CUSTODY:
CUSTODY:
- Under justifiable grounds as long as the integrity and the evidentiary value of the seized items
are properly preserved by the apprehending officers.
- It shall not render the evidence as inadmissible
Marking
Marking -
- Placing by the apprehending officer or the poser buyer of his or her initials and
signature on the items seized.
- Failure of the authorities to immediately mark the seized drugs would cast reasonable doubt
on the authenticity of the corpus delicti.
- A person who has legal interest in the litigation may file an application for DNA TTesting
esting before
the appropriate court any time
- The court may motu proprio order a DNA Testing
- An order granting DNA Testing is not appealable.
- A person already been convicted under final judgment may still avail of DNA Testing provided
that:
- Biological Sample exists
- Sample is relevant to the case
- Testify
Testifying
ing would probably result to the modification of judgment
- The the result of Post DNA is favorable to the convict, he may file a petition for writ of habeas
corpus. The court shall then conduct a hearing. If meritorious, it shall modify the judgment
- It may be filed in the court of origin or in CA or SC.
- Habeas corpus may also be filed by the prosecution
- DNA profiles are confidential in nature
- Any person who discloses shall be subject to indirect contempt
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- Paraffin tests are inconclusive and most of the time unreliable.
B. DOCUMENTARY EVIDENCE
- any other material like objects as long as it contains letters, words, numbers, figures,
symbols or other modes of written expression and offered as a proof of their contents.
contents.
- Whenever a rule of evidence refers to the term of writing, document, record, instrument,
memorandum or any other form of writing, such term shall be deemed to include an
electronic document.
- Rules on Electronic evidence shall be applied suppletorily to the Rules on Evidence
- The person seeking to introduce an electronic document in any legal proceeding has the
burden of proving its authenticity
- If Electronic document is offered simply for wha it is or for what it is claimed to be without
regard to authenticity, Such rule will not be applied
- A document electronically notarized in accordance with the rules shall be considered as
public document and proved as a notarial document under the Rules of court.
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REQUISITES OF ADMISSIBILITY OF DOCUMENTARY EVIDENCE
EVIDENCE
1. Relevant
2. Competent
3. Authenticated by competent witness
4. Formally offered
public office.
Collateral Document: when the purpose of introducing the document is not to establish its terms
but to show facts that have no reference to its contents like its existence, condition, execution or
delivery. BER SHALL NOT APPLY
- So long asthe
because theoriginal
originalisisthe
available, no other
best evidence evidence
and can
not mere be substituted for the original
photocopies.
Secondary Evidence: Evidence other than the original instrument or document itself.
- Admissible if falls under any of the exceptions under BER
1. Copy of original
2. Recital of the contents
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3. Testimony of witnesses.
- While marriage certificate is considered the primary evidence of a marital union, it is not
regarded as the sole and exclusive evidence of marriage. Fact of marriage may be proven as
relevant evidence other than marriage certificate.
- Notice may be in a form of motion or made in open court or even via subpoena
Original of document -
a. One the contents of which are subject of inquiry
b. When a document is in two or more copies executed at or about the same time, with
identical contents, all such copies are equally regraded as originals.
c. When an entry is repeated in a regular course of business, one being copied from another at
or near the time of the transaction, all the entries are likewise regarded as originals.
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- When a lawyer writes a pleading in two or more copies which are executed at the same time,
with identical contents, each document is regarded as the original
- Each newspaper sold in the stand is an original in itself
- Copies made with carbon paper are all regarded as original
- Original refers to original documentary evidence
The copies or duplicate shall not be admissible to the same extent as the original if:
if:
a. A genuine question is raised as to the authenticity of the original
b. In the circumstances it would be unjust or inequitable to admit a copy in lieu of the original.
- Electronic data does int include facsimile transmission and cannot be considered as
electronic evidence.
- Applies only to contracts which the parties have decided to set forth in writing
-- Parole Evidence Rule will not apply when agreement is merely oral.
When the terms of an agreement have been reduced to writing.
- PER forbids any addition to or contradiction of, the terms of a written agreement by testimony
or other evidence.
- Not all documents in writing triggers the application of PER. The writing must embody an
agreement.
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- Except WILLS. It does not embody any agreement but PER is applicable.
- No prescribed form for PER to apply. It may be a public or private written instrument
- It need not to be signed by the parties for PER to apply
- ONLY THE PARTIES AND THEIR SUCCESSORS IN INTERESTS ARE BOUND BY IT. Not applied to those
people who are not parties of the instrument
- A total stranger to the writing is not bound by its terms and is allowed to introduce extrinsic
or parol evidence
PAROL EVIDENCE MAY BE INTRODUCED WHEN: (needs to put in issue in the pleadings)
1. An intrinsic validity, mistake, or imperfection in the written agreement.
2. The failure of the written agreement to express the true
tr ue intent and agreement of the parties
thereto.
3. Validity of the written contract
4. Existence of other terms agreed to buy parties or their successors in interest after the
execution of the written agreement.
- Unless duly pleaded, a party will be barred from offering extrinsic evidence over the objection
of the adverse party.
Intrinsic/ Latent Ambiguity - one which is not apparent on the face of the document but which
lies in the person or thing that is the subject of the document or deed. The document is clear on
its face but the matters outside the agreement create the ambiguity
- Extrinsic /Patent ambiguity will not be admitted even if the same is put in issue in the pleading.
- Parol evidence rule may be waived.
- Failure of the instrument to express true intention may also be caused by fraud, inequitable
conduct or accident, ignorance, lack of skill, negligence or bad faith. Not only mistake.
- One of the remedies of the parties is to ask for REFORMAT
REFORMATION
ION OF INSTRUMENT.
- The party may introduce parol evidence to show the real intention of the parties.
- If there is NO MEETING OF MINDS, The proper remedy is not reformation but ANNULMENT OF
THE CONTRACT.
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- Even if the parol evidence is admitted because of failure to invoke, such admission would not
mean that the court would give probative value to the evidence. Admissibility is not
equivalent to probative value
Not concerned with the primacy of evidence Establishes a preference for the original document
Can only be invoked by the parties to such Can be invoked by any litigant to an action
document and their successors in interest. whether or not the said litigant is a party to the
document involved or not
DOCUMENT - Deed, instrument or other duly authorized paper by which something is proved,
DOCUMENT -
evidenced or set forth.
CLASSES OF DOCUMENTS
DOCUMENTS
1. PUBL
PUBLIC
IC DO
DOCU
CUME
MENT
NTS
S
1. Written official acts or records of the official acts of the sovereign authority, official
bodies and tribunal and public officers whether of the PH or of o f a foreign country,
2. Documents acknowledged before a notary public except last will and testament
3. Public records, kept in the PH, of
o f private documents required by law to be entered
therein.
2. PRIVATE
PRIVATE -
- All other writings are private.
- Any other private document need only be identified as that which it is claimed to be.
- There is no harm if in a case both the or
original
iginal and photocopy thereof are authenticated.
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WHEN AUTHENTICATION OF PRIVATE DOCUMENT NOT REQUIRED:
REQUIRED:
1. Ancient document
2. Genuineness and authenticity of an actionable document have not been specifically
denied under oath
3. When the genuineness and authenticity of the document have been admitted
4. Document is not being offered as authentic
- A public document is admissible without further proof of its due execution and authenticity
- A private document requires authentication in the manner allowed by law.
- A chemistry report of a public officer showing positive result of paraffin test is a public
document.
- The person who made the report need not be presented in the court to identify, describe
and testify
- A seat plan prepared by the officers of Civil service commission is a public document
- Every instrument duly acknowledged or proved and certified as provided by law may be
presented in evidence without further proof. The certificate of acknowledgement being prima
facie evidence of the execution of the instrument.
- When a public officer in the performance of his duty makes an entry in the public record, the
document of such entry is deemed prima facie evidence of fact stated in such entry.
- The attestation must be under the official seal of the attesting officer if there be any
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IRREMOVABILITY OF PUBLIC RECORD
RECORD
- Any public record, an official copy of which is admissible in evidence, must not be removed
from the office in which it is kept, except upon the order of a court where the inspection of the
record is essential to the just determination
determ ination of the pending case.
- A notary public in a foreign country is not one of those who can issue the certificate of
authentication under the Rules of court. Non compliance with such provision will render the
SPA
SPA inadmissible in evidence.
- The argument that lack of consular authentication is a mere technicality is untenable. The
failure to have the SPA authenticated according
according to rules is not a mere technicality but a
question of jurisdiction.
- Before a foreign judgment is given presumptive evidentiary value, The document must first be
presented and admitted in evidence. DIVORCE DECREE IS THE BEST EVIDENCE
- Such document shall be accompanied by a certificate issued by the proper diplomatic or
consular officer in the PH foreign service stationed in the foreign country in which the record
is kept and authenticated by the seal of his office.
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- Church registries are no longer public writings nor are they kept by duly authorized public
officials. They are private writings.
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CHAPTER 5: TESTIMONIAL EVIDENCE
Testimonial or Oral Evidence (Viva voce evidence): Evidence elicited from the mouth of a
witness
Qualifications of a witness:
1. He can perceive
2. He can make known his perception to others
3. He must take either an oath or an affirmation
4. He must not possess any disqualification
- No court should allow the testimony of someone who desires to testify but refuses to swear or
make an affirmation.
- A person is not qualified to be a witness if he is incapable of understanding the duty to tell the
truth.
- Competence of witness is the qualification of witness to take the stand and testify.
OATH
OATH -
- It is where the witness signifies that he is swearing to the creator to the the truth and
nothing but the truth.
- Deaf mutes are not necessarily incompetent. They are still competent if they can understand
the sanctity of oath and comprehend facts that they are going to testify and communicate
such.
COMPETENCY CREDIBILITY
A matter of law
law or rule Weight
Weight and trustworthiness or reliability of the
testimony
Basic qualifications of a witness as his Refers to the believability of a witness and has
capacity to perceive and communicate his nothing to do with the law
l aw or rules.
perception to others It refers to the weight and trustworthiness of the
testimony
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- Bias is not even a basis for declaring a witness incompetent to testify
- Disqualifications of witness according to rules refer to his competency and not his credibility
- Drug abuse will not render a person incompetent to testify
- They may however affect the credibility of the witness
- Findings of lower courts with respect to the credibility of the victim are conclusive.
- Relationship of a witness with a party does not render him biased in criminal cases.
B. DISQUALIFICATIONS OF WITNESSES
Requisites:
1. The mental maturity of the witness must render him incapable of perceiving the facts
respecting which he is examined.
2. He is incapable of relating his perception truthfully
CHILD WITNESS - Any person who at the time of giving testimony is below 18.
- In child abuse cases, A child includes one over 18 but is found BY THE COURT as unable to fully
take care of himself to protect himself from abuse, neglect, cruelty, exploitation, or
discrimination.
- When the court finds that substantial doubt exists regarding the ability of the child to perceive,
the court shall conduct a competency examination of the child. The court may do it motu
proprio or on motion of party
- The competency examination is not open to public.
Page 23 of 49
- It shall not be related to the issues of the trial but shall focus on the ability of the child to
perceive.
- Assessment of the competency of a child is designed to be a continuing one.
- The court may order that the testimony of the child be taken by Live link television if there is
substantial likelihood the the child would suffer trauma from testifying in the presence of the
accused.
- The trauma must be of a kind which would impair the completeness or truthfulness of the
testimony of the child.
Dead Man’s Statue or Survivorship Disqualification Rule (applies to person with unsound mind)
-Parties or assigners of party to a case, or persons in whose behalf a case is prosecuted,
against an executor or administrator or other representative of a deceased person, or against a
person of unsound mind, upon a claim or o r demand against the estate of such deceased person
or against such person of unsound mind, cannot testify as to any matter of fact occurring before
the death of such deceased person or before such person became unsound mind.
- PLAINTIFF
PLAINTIFF must
must be the person who has a claim against the estate of the decedent or the
person of unsound mind.
- DEFENDANT -
DEFENDANT - The executor
executor,, administrator and other representatives of deceased person.
- The rule does not apply if the action is brought not against the estate.
-- When a counterclaim is set up by the administrator of the estate, the cases removed from the
The rule does not apply where the plaintiff is the executor
executor..
Page 24 of 49
Dead Man’s Statute may be waived if:
if:
1. Failing to object to the testimony
2. Cross examining the witnesses on the prohibited testimony
3. Offering evidence to rebut the testimony
-without
During the
theirconsent
marriage, neither
of the the husband
affected spouse, nor the wife
except may
in civil testify
case for or
by one against
against thethe otheror in a
other,
criminal case for a crime committed by one against the other or the latter’s direct descendants
or ascendants.
Exceptions:
1. In a civil case by one against the other
2. In a criminal case for a crime committed by one against the other or the latter’s direct
descendants or ascendants.
- Crimes committed against the collateral relatives are not included. Uncles, Aunties, cousins or
nephews
- Wife filed a civil case against the father of his husband. HUSBAND IS BARRED FROM TESTIFYING
- When the husband is co accused with others, The Wife may testify against all other co
accused but her testimony in reference to her husband shall be disregarded when properly
objected.
- Estranged spouses can testify against one another because there is no more harmony,
har mony, love,
peace and tranquility to be preserved.
- The privilege should only apply to ONE ANOTHER (spouses only) not to third persons
Page 25 of 49
REQUISITES FOR MARITAL PRIVILEGED COMMUNICATION
COMMUNICATION
1. Valid Marriage
2. Communication received in confidence by one from another
3. Received during marriage
- Information acquired by spouses before the marriage even when received confidentially will
not fall under such provision.
- Communication uttered before the marriage is not included in the privilege.
- If such communication was received from third party, NOT PRIVILEGED.
- Dying declaration is not confidential communication
- It may be waived by failure to object timely to its presentation
- Communications uttered in the presence of a third party are not deemed confidential even
when made during the marriage.
MARITAL D
DIISQUALIFICATI
TIO
ON RU
RULE MARITAL PR
PRIVILEGED CO
COMMUNICATION
Can no longer be invoked once the marriage is Spouse a"ected by the disclosure may object
dissolved. even after the dissolution of marriage.
Spouse for or against whom the testimony is Regardless of whether or not a party to the action
o!ered is a PARTY TO THE ACTION
Requisites:
1. There must be a communication made by the client to the attorney or an advice given by
the attorney to his client.
2. The communication or advice must be given in confidence
3. The communication or advice must be given either in the course of professional employment
or with a view to professional employment.
- advice
Perfected
be attorney - client
with a view relationshipemployment
to professional is not required. It is enough that the communication or
Page 26 of 49
- Even if the counsel refuses the professional relationship, the rule still applies.
- The communication may refer to anticipated litigations or may not refer to any litigation at all.
- Communication may be oral or written. It extends to other forms or conduct like physical
demonstration as long as they are intended to be confidential.
- Even if received via fax, text message or other electronic means, still confidential
EXCEPTION:
EXCEPTION:
1. Purpose is the furtherance of a future intended crime or fraud
2. Committing a crime or fraud
3. Illicit activity
Priest/Minister-Penitent Privilege
A minister cannot without the consent of the person making the confession be examined as to
any confession made to or any advice given by him in his professional character in the course of
discipline enjoined by the church to which the priest or minister priest belongs.
Page 27 of 49
- Person making the confession holds the privilege
- Must be pursuant to confessions of sins.
- The minister must be duly ordained by his sect
- Business arrangements with the priest is not within the scope of the privilege.
GR: Right to information on matters of public concern and guarantees access to official records,
documents and papers pertaining to official
of ficial acts.
- The right to information
infor mation does not also extend to presidential conversations, correspondences
and discussions in closed door cabinet meetings.
- JPEPA ISSUE:
ISSUE: The information on intergovernmental exchanges prior to the conclusion of
treaties and executive agreements may be subject to reasonable safeguards for the sake of
national interest.
- The confidential character of a privilege communication is not lost solely on the ground that it
is in the form of electronic document.
Page 28 of 49
Parental Privilege Rule
- A parent or filial cannot be compelled to testify against his child or other DIRECT descendants
or ascendants.
FILIAL PRIVILEGE
PRIVILEGE
- A child may not be compelled to testify against his parents or other direct ascendants.
OTHER PRIVILEGES:
PRIVILEGES:
1. Editors may not be compelled to disclose the source of published news
2. Voters to disclose ffor
or whom they voted
3. Trade Secrets
C. EXAMINATION OF WITNESS
- Done in open court and shall be given orally except when the question calls for a different
mode and under oath or affirmation
- Exceptions
- In summary procedure - Affidavits of parties shall constitute direct testimonies.
- Depositions
- Judicial affidavit rule- Affidavit shall take the place of direct testimonies of witnesses.
OATH
OATH -
- Outward pledge made under immediate sense or responsibility to God or a solemn
appeal to the supreme being in attestation of truth of some statement.
AFFIRMATION - Substitute for an oath. A solemn and formal declaration that the witness will tell
AFFIRMATION -
the truth.
- Transcript prepared and certified shall be deemed prima facie a correct statement of such
proceeding.
-
- A witness has an obligation to answer questions although his answer may tend to establish a
claim against him
Page 29 of 49
RIGHTS OF WITNESSES:
WITNESSES:
1. Not to give an answer which will tend to subject him to a penalty
2. To be protected from irrelevant, improper
improper,, insulting questions
3. Not to be examined except on matters pertinent to issue
4. Not to be detained longer than the interest of justice requires
5. Not to give an answer which will tend to degrade his reputation
- A witness admitted into the witness protection program cannot refuse to testify or
o r give
evidence or produce books, documents, records or writings necessary for the prosecution of
the offense or offenses for which he has been admitted on the ground of the right against self
incrimination.
- A witness MUST ANSWER to the fact of his previous final conviction for an offense.
- A child has the right to be accompanied by one or two persons of his own choosing to
provide him with emotional support
- One of the persons may even accompany the child and hold the hands of the child.
- Support person may be another witness. He must testify ahead
- Testimony if the child may be taken outside the courtroom and be televised by live link
television. Application must be made by the prosecutor,
prosecutor, counsel or guardian ad litem at least
5 days before the trial date.
- The trauma shall be that kind that would impair the completeness or truthfulness of the
testimony.
Page 30 of 49
- Where a youthful offender has been charged before any city or
o r provincial prosecutor or any
municipal judge, and charges have been dropped, all the records of the case shall be
considered as privileged and may not be disclosed directly or indirectly by anyone for any
purpose or whatsoever.
whatsoever.
- If he is charged and was acquitted or dismissed, the records are also privileged.
- The youthful offender who fails to acknowledge the case against him or to recite any fact
related thereto in response to an inquiry made to him for any purpose shall not be held under
any provision of law to be guilty of perjury or concealment or representation.
KINDS OF EXAMINATION
1. Di
Dire
rect
ct e
exa
xami
mina
nati
tion
on - Examination in chief of a witness by the party presenting him on the
facts relevant to the issue.
- This is now subject to judicial affidavit rule.
3. Re-Direct Examination -
Examination - Reexamine the witness to explain or supplement his answers given
during the cross examination.
- Subject to court’s discretion, Counsel may be allowed to ask questions on matters non
touched in cross examination.
4. Recross examination
- If a witness dies before his cross examination, his testimony on the direct may be stricken out
only with respect to those not covered by cross examination.
- If the witness was not cross examined because of the fault of the adverse party, cross
examiner is deemed to have waived the right to cross examine the witness.
RECALLING A WITNESS - When a witness has been examined by both sides, he cannot be
recalled without leave of court
Page 31 of 49
4. Witness is an adverse party or an officer, director
director,, or managing agent, partnership or
association which is an adverse party.
D. IMPEACHMENT OF A WITNESS
- A technique employed usually as part of the cross examination to discredit a witness by
attacking his credibility.
- Impeachment of a witness is done by the party against whom the witness is called.
- The party producing the witness is barred from impeaching his own witness.
- Exception: Unwilling or hostile witness and when witness is an adverse party or an officer
officer,,
director,
director, or managing agent, partnership or association which is an adverse party.
- Evidence of good character of witness is allowed ONLY to rebut the evidence offered to
impeach the witness’s character
character..
- Mere presentation of prior declarations of witness without having been read to him while
testifying in court is insufficient. He must be given ample opportunity to explain supposed
discrepancy
- If not complied - IMPROPER IMPEACHMENT
Page 32 of 49
- EVIDENCE OF BAD REPUTATION SHALL ONLY REFER TO THE FOLLOWING SPECIFIC ASPECTS:
1. For truth
2. For honesty
3. For integrity
- In Criminal case, The accused may prove his good moral character relevant to the offense
charged even before his character is attacked
- However
However,, the prosecution cannot initiate the proof of bad character of the accused. It can
only do so by rebuttal.
- The judge may exclude and separate the witnesses to be prevented from conversing from
one another until examined.
- During his testimony, a witness may refer to a memorandum or anything written or recorded
by himself or written or recorded by someone acting under his direction to refresh his memory.
- Such memorandum shall be written at the time the fact occurred or immediately thereafter
or at any time when the event or fact was fresh in his memory
- Memorandum mist be produced and may be inspected by the adverse party.
- A witness may testify from the memorandum, writing or record, although he has no more
recollection of the facts written therein as long as he swears that the memorandum, writing or
record correctly stated the fact or transaction when recording was made.
____________________________________________________________________________
_____________________________________________________________________________________________
_________________
E. RULE 130
Admissions, Confessions, and the Res Inter Alios Acta Rule:
- Act, declaration or omission of a party as to a relevant fact may be given in evidence against
him
OFFER OF COMPROMISE:
COMPROMISE:
1. Civil ca
case - Not an admission of any liability and is not admissible in evidence against the
offeror.
2. Cr
Crim
imin
inal
al case
case - May be received in evidence as an implied admission of guilt EXCEPT those
involving quasi offenses (criminal negligence) or those allowed by law to be compromised.
- Offer of marriage to the rape victim is an implied admission of his guilt.
Page 33 of 49
- A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense is
not admissible in evidence against the accused who made the plea or offer.
- GOOD SAMARITAN RULE: An offer to pay or payment of medical, hospital or other expenses
occasioned by an injury is not admissible in evidence as proof of civil
civil or
or criminal liability
criminal liability
- The act or declaration of a conspirator relating to the conspiracy and during its existence may
be given in evidence against the co conspirator after the conspiracy is shown by evidence
other than such act or declaration
- Where on derives title to property from another,
another, the act, declaration or omission of the latter
while holding the title in relation to the property is evidence against the former
- 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 money, instrument or property
ADMISSION - act,
- act, declaration or omission of a party as to a relevant fact.
CONFESSION - an acknowledgement of guilt of the offense
of fense charged or of any offense
necessarily included therein. It cannot be implied.
CLASSIFICATION OF ADMISSION
ADMISSION
1. Express - positive statement or act
2. Implied - inferred from the declarations of acts of person
3. Judicial - made in the course of judicial proceeding
4. Extrajudicial - made out of court.
5. Adoptive - person manifests his assent to the statement of another person
Page 34 of 49
- Silence of ERAP on the suggestion to have a dignified exit or resignation - ADOPTIVE
ADMISSION of resignation from office
- It is too late to raise his objections in an omnibus motion
- Mere extrajudicial confession is not sufficient for conviction. It must be corroborated by
evidence of corpus delicti
- Judicial confession may support conviction without corpus delicti
REQUISITES:
REQUISITES:
1. Proof of occurrence of a certain event
2. Some person’s criminal responsibility of the act.
- When a person talks to the mayor as a confidant and not as a law enforcement officer, the
uncounselled confession did not violate constitutional rights.
- Constitutional procedures on custodial investigation do not apply to spontaneous statements
not elicited through questioning by authorities but merely given in an ordinary manner.
ADMISSION BY SILENCE
SILENCE
- An act, declaration made in the presence and within the hearing or observation of a party
who does or says nothing when the act or declaration is such as naturally to call for action or
comment if not true, and when proper and possible for him to do so, may be given in
evidence against him
Page 35 of 49
4. Facts are within his knowledge
5. Fact is material to the issue
- Declaration before and after the partnership shall not bind the principal
ADMISSIONS BY CO CONSPIRATOR
CONSPIRATOR
Once conspiracy is proven, the act of one is the act of all.
- Statements may be admitted against the co conspirators
REQUISITES:
REQUISITES:
1. Declaration or act be made or done during the existence of conspiracy
2. Declaration of act must relate to the conspiracy
3. Conspiracy must be shown by evidence other than the declaration or act
- Arrest of the declarant is often found to terminate the declarant’s participation in the
conspiracy
Page 36 of 49
- Rule only applies to extrajudicial confessions
ADMISSION BY PRIVIES
PRIVIES
PRIVIES -
PRIVIES - persons who are partakers or have an interest in any action or thing or any relation to
another
EX: Lessor, grantor, assignor, executor, heirs, etc.
REQUISITES:
REQUISITES:
1. There must be an act, declaration or omission by a predecessor in interest
2. Act, declaration or omission of the predecessor must have occurred WHILE he was holding
the title or property
3. Act, declaration or omission must be in relation to the property
PROPENSITY EVIDENCE -
EVIDENCE - Evidence which tends to show that what a person has done at one time
is probative of the contention that he has done a similar act at another time
- LAW PROHIBITS SUCH
- The original document or object evidence need not be attached to the judicial affidavit. The
party may keep the same in his possession after the exhibit has been identified, marked and
authenticated.
- The party is required to bring the original document or object evidence for comparison with
the attached copy, reproduction or pictures during the Preliminary conference. In case of
failure to bring the originals for comparison, the attached copy shall not be admitted.
SCOPE:
- Rule shall apply to all actions, proceedings, incidents requiring the reception of evidence.
APPLIES TO ALL COURTS EXCEPT SC
Page 37 of 49
- It also applies to certain non judicial bodies.
4. Special courts and quasi judicial bodies whose rules of procedure are subject to disapproval
of SC
- In Civil case: Shall apply irrespective of penalty involved. (Arising from the criminal offense)
- JA shall be in the language known by the witness. If not in english or tagalog, It shall be
accompanied by translation
CONTENT REQUIREMENT:
REQUIREMENT:
- There must be a statement in the affidavit that the witness is answering the questions asked of
him, fully conscious that he does so under oath and that he may face criminal liability for false
testimony or perjury.
- It shall contain the name and the address of lawyer.
lawyer. Examination of witness shall be
conducted and supervised by lawyer
- It shall indicate the place where the examination is being held
- JA shall be signed by the witness over his printed name.
- JA shall contain a jurat with the signature of the notary public who administers oath or officer
who is authorized to administer the same
- JA which does not conform with the content requirement shall not be admitted by the court
as evidence.
- Replacement may be submitted as long as it is submitted before hearing or trial
Page 38 of 49
- In criminal cases, no further judicial affidavit or object evidence shall be admitted at the trial.
- Even before the trial, The prosecution has to lay down on the table all its evidence and
testimonial, documentary and object evidence.
- Accused may submit judicial affidavit within 10 days from the receipt of the affidavit of the
prosecution.
- A party who fails to submit the required judicial affidavits on time shall be deemed to have
waived their submission.
- In effect, Party shall be deemed not to have submitted direct testimony. The party is
deemed to have not presented his evidence in chief for his case.
- REMEDY: Move that the late submission of the judicial affidavit and its exhibits be allowed.
- The party offering JA shall present such affidavit and state the purpose of the testimony
contained therein at the start of the presentation of witnesses.
- The adverse party may move to disqualify the witness, strike out the affidavit, strike out any of
the answers found in the judicial affidavit on the ground of
o f inadmissibility
- Court shall promptly rule on the said motion
- Submission of the Judaff of the witness does not exempt the witness from appearing at the
scheduled hearing. Rule still requires appearance
- The court shall not consider the affidavit of any witness who does not appear in the
scheduled hearing.
- A counsel who fails to appear without a valid cause despite notice shall be deemed to
have waived his client’s right to confront by cross examination
- A requesting party may avail himself of the issuance of subpeona ad testificandum or duces
cecum if a witness unjustifiably declines to:
1. Execute judicial affidavit
2. Refuses without just cause to make relevant books under his control
- Documentary and object evidence shall be offered after the presentation of party’s
testimonial evidence
HEARSAY EVIDENCE
EVIDENCE
A witness can testify only to those facts which he knows of his personal knowledge.
Page 39 of 49
- Hearsay may be oral or written testimony
- Person who makes a private survey report shall be presented in court.
- Affidavit is hearsay where its affiant or maker did not take the witness stand.
- Notarized documents shall be considered hearsay unless the affiants themselves are placed in
the witness stand
- Ban
theyon
arehearsay does
true or not not
like include statements
statements which
of a person are among
to show relevantothers
independently
his state ofofmind,
whether
m
mental
ental
condition, knowledge, belief, intention, ill will and other emotions.
FIRST HAND KNOWLEDGE RULE - A - A witness is qualified to testify to a fact susceptible of observation
only if it appears that it had a reasonable opportunity to observe the fact.
REQUISITES OF HEARSAY:
HEARSAY:
1. Out of court statement
2. Such statement was repeated and offered by witness TO PROVE THE TRUTH of the matters
asserted by the statement
- The purpose is to establish the truth of the fact asserted in the statement
- Where a statement is not offered for the truth of the matter asserted but is offered for an
evidentiary purpose, not dependent on the truth of the matters asserted - NON HEARSA
HEARSAY
Y
- A party merely presented an advertisement to prove the price of a roundtrip ticket - HEARSA
HEARSAY.
Y.
Page 40 of 49
Statements which are circumstantial evidence of the fact in issue
issue
1. Statements of a person showing his state of mind: mental condition, knowledge, belief,
intention, ill will and other emotions
2. Showing the physical condition
3. State of mind of another
4. Identify the date, place and person in question.
DYING DECLARATIONS
DECLARATIONS
The declaration of a dying person made under the consciousness of an impending death may
be received in any case wherein his death is the subject of inquiry as evidence of the cause and
surrounding circumstances of such death.
- It may be introduced in any case. Civil or criminal where the subject of inquiry is the death of
the declarant HIMSELF.
HIMSELF.
- The declarant must be conscious that death is near and certain and that death is near at
hand. IT MUST BE IMPENDING
- There is nothing in the rules prohibiting the admission of dying declaration that is favorable to
the accused.
- Matters uttered apart from the reason of death of the declarant are not part of this
circumstance. It is not admissible
REQUISITES:
REQUISITES:
1. Declaration concerns the cause and the surrounding circumstances of the declarant’s
death
2. Made when death appears to be imminent and the declarant is under a consciousness of
an impending death
3. Declarant would have been competent to testify had he or she survived.
4. Dying declaration is offered in a case in which the subject of inquiry involves the
DECLARANT’S DEATH.
Page 41 of 49
- If utterances cannot be considered as dying declaration, it may be considered as part of the
res gestae
- Competence of the declarant is affected where the declarant had no opportunity to see the
assailant.
- Where the declarant is publicly known to be untruthful in his words and conduct, the credibility
of his declaration at the point of death may adversely be affected and he does not, by a
sudden twist of circumstance, become immaculate because of his having made a dying
declaration.
1. SPO
SPONT
NTAN
ANEO
EOUS
US STATE
STATEME
MENT
NTS
S
REQUISITES
REQUISITES
1. There is startling event or occurrence taking place
2. Statement was made while the event is taking place or immediately prior or subsequent
thereto.
3. Statement relates to the circumstances of the startling event or occurrence or that the
statements must concern the occurrence in question and its immediate attending
circumstance.
4. Statement was made before the declarant had the time to contrive or devise falsehood.
- Even if the declarant is unavailable and cannot be crossed examined, the evidence may still
be admissible.
2. VERBAL ACTS
- Statements accompanying an equivocal act material to the issue and giving it a legal
significance.
REQUISITES:
REQUISITES:
1. Principal act to be characterized must be EQUIVOCAL
2. Act must be material to the issue
3. Statement must accompany the equivocal act
4. Statement gives legal significance to the equivocal act.
Page 42 of 49
- I will pay you after 1 month - EQUIVOCAL ACT with legal significance.
- If the act is clear, there is no res gestae to speak of
- Adios amiga, see you in hell. - may help determine the purpose of the the equivocal act.
- The statement must accompany the equivocal act which evidently means that it must be
CONTEMPORANEOUS with the act.
- Entries in the payroll being entries in the ordinary course of business enjoy presumption of
regularity
- Rules on electronic evidence expressly exempt business records from the application of the
hearsay rule provided the mechanics of record keeping of such records are shown by the
testimony of the custodian or other qualified witnesses.
- The declarant must be aware that it is against his interest, pecuniary or moral.
- If declaration is favorable to the interest, it is merely self serving
- It may be against one’s penal interest
- It is admissible even against the declarant’s successors in interest or even to third persons.
DECLARATIONS ABOUT PEDIGREE
PEDIGREE
- The act of declaration of a person deceased or unable to testify, in respect to the pedigree of
another person related to him by birth or by marriage where it occurred before the
controversy, and the relationship between the two persons is shown by evidence other than
such act or declaration
PEDIGREE - Includes relationship, family genealogy, birth, marriage, death, the dates when the
places where these facts occurred and the names of relatives.
REQUISITES:
REQUISITES:
1. Declarant is dead or unable to testify
2. Declarant is related by birth or marriage to the person whose pedigree is in issue
3. Declaration was made before the controversy
Page 43 of 49
4. Relationship between the two persons is shown by evidence other than such act or
declaration
- Declaration of jose (already dead) prior to his death and any controversy, that Juan is his
illegitimate son is admissible in evidence. DECLARATION ABOUT PEDIGREE
INVOLVES:
INVOLVES:
1. Statement by a member of the family either by consanguinity or affinity
2. Statement is about reputation or tradition of the family
f amily in respect to the pedigree of any
member of the family
3. Reputation or tradition is one existing precious to the controversy
COMMON REPUTATION
REPUTATION
Refers to facts of public or general interest more than 30 years old or respecting marriage or
moral character
character..
Monuments and inscriptions in public places may be received as evidence
- Admissible
- Existing prior any controversy
- IT CANNOT ESTABLISH PEDIGREE
REQUISITES:
REQUISITES:
1. Entry was made by a public officer or by another person especially enjoined by law to do so.
2. It was made by public officer or by such person in the perfor
performance
mance of a duty enjoined by
law.
3. PO has sufficient knowledge of the facts by him or her stated, which must have been
acquired by the public officer or other person personally through official information
infor mation
- If the person offering the evidence did not stated that it was acquired from persons under a
legal duty to submit the same, the rule does not apply.
Page 44 of 49
EVIDENCE
RIANO BOOK
relevant matter so stated if that compilation is published for use by person engaged in that
occupation and is generally used and relied upon by them therein.
LEARNED TREATISES
TREATISES
A published treatise, periodical or pamphlet on a subject of history, law science, or art is
admissible as tending to prove the truth of a matter stated therein if the court takes judicial
notice or a witness expert in the subject testifies that the writer of the statement is recognized in
his profession
- An expert on the subject must testify to the expertise of the writer or court takes judicial notice
of that fact
proceeding PROVIDEDANY
child is one describing the same is offered
ACT OR ATTEMP in
ATTEMPTED
TEDchild
ACTabuse cases
OF CHILD and the statement made by the
ABUSE.
OTHER REQUIREMENTS:
REQUIREMENTS:
1. 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
2. If child is available, the court shall, upon motion of the adverse party, require the child to be
present at the presentation of hearsay statement for cross examination
3. If child is unavailable, it may be proved by the proponent and the hearsay testimony shall be
admitted ONLY IF CORROBORATED BY OTHER ADMISSIBLE EVIDENCE
- Factors shall be considered by the court before accepting the admissibility of such testimony
OPINION EVIDENCE
EVIDENCE
GR: Opinion evidence are inadmissible
EXCEPTIONS:
1. Opinion of expert witness
2. Opinion of ordinary witness regarding IDENTITY, HANDWRITING, MENTAL SANITY, IMPRESSIONS
OF EMOTION, BEHAVIOUR,
BEHAVIOUR, CONDITION OF APPEARANCE OF A PERSON.
Page 45 of 49
CHARACTER EVIDENCE (CE)
(CE)
- Character is what really the person is.
- Reputation is what he is supposed to be in accordance with what people say he is.
GR: CE is generally not admissible
- In criminal case, the prosecution cannot prove the bad moral character of the accused in the
evidence in chief. IT CAN ONLY
ONLY DO SO IN REBUTT
REBUTTAL
AL
-
- The prosecution must await until the accused puts his character in issue during the
proceedings.
- The accused may
accused may prove his good moral character when pertinent to the moral trait involved
in the offense charged.
- The good and the bar moral character of the OFFENDED PARTY may be proved by the
accused. IT ONLY PERTAINS TO CRIMINAL CASES.
SEXUAL ABUSE SHIELD - Not admissible in any criminal proceeding involving child sexual abuse:
1. Evidence to prover that the alleged victim engaged in other sexual behavior
2. Evidence offered to prove the sexual predisposition of the alleged victim
IN CIVIL CASES: Evidence
CASES: Evidence of moral character of a party is admissible only when pertinent to the
issue of character involved in the case.
IN WITNESSES: Evidence
WITNESSES: Evidence of good moral character is not
no t admissible unless character is
impeached.
FORMAL OFFER AS AN EXHIBIT - done only when the party rests its case.
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1. Evidence must have been duly identified by testimony duly recorded.
2. Same must have been incorporated in the records of the case
- Evidence formally offered by either parties may be considered by the court to either or both
of the parties.
- Objections to documentary evidence shall be made after it is offered and not on the time o
off
its marking or identification
- Nature and purpose of the evidence shall be stated.
- The court shall consider the evidence presented SOLELY for the purpose for which it is offered
and not for any other purposes.
- An objection must point out the specific ground of the objection and if it does not do so, no
error is committed by overruling it.
- Grounds for objection shall be specified. General objection is not allowed.
FORMAL OBJECTION - One directed against the alleged defect in the formulation
for mulation of the question
SUBSTANTIVE - One directed against the very nature of the evidence.
WHEN TO OBJECT
OBJECT
- ORALLY -
ORALLY - Objection must be made immediately after the offer
of fer is made.
- IN THE COURSE OF ORAL EXAMINATION - Made as soon as the grounds are apparent
- WRITING - Within 3 days after notice of the offer
- When the witness answered before objected or before the question is completely stated -
MOVE TO STRIKE OUT THE ANSWER
- While it may be admissible for failure to object, It doe not necessarily follow that the same
should be given weight.
- A waiver shall not be considered as an admission that the evidence is credible and shall be
given weight.
- Where a continuing objection had been interposed on prohibited testimony, the objection is
deemed waived where the objecting counsel CROSS EXAMINED the witness on the very
matters subject of the prohibition.
- Rulings on the objections shall be given immediately after the objection is made
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SUSTAINED
SUSTAINED -
- The objection is proper. INADMISSIBLE
OVERRULED -
OVERRULED - Objection lacks merit. MA
MAY
Y PROCEED.
- The reason for the ruling on such objections need not be stated EXCEPT if the objection is
based on two or more grounds. MUST SPECIFY THE GROUND/S RELIED UPON
HOW DONE:
DONE:
1. DOCUMENTARY
DOCUMENTARY OR OBJECT EVIDENCE: The tender is made by having the document or
object attached to or made part of the record.
FORMAL OFFER OF PROOF - process by which a proponent of an excluded evidence tenders the
same. If what has been excluded is testimonial evidence, the tender is made by stating for the
record the name and other personal circumstances. If documentary or object, The offer of proof
is made by having the same attached to or made part of the record.
- Rules does not prohibit a party from requesting the court to allow it to present additional
evidence even after it has rested its case