Parol Evidence Rule states that 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.

Parol evidence is any evidence aliunde (extrinsic evidence) which is intended or tends to vary or
contradict a complete and enforceable agreement embodied in a document. It may refer to
testimonial, real or documentary evidence.

Requisites for the application of the parol evidence rule:

1. There must be a valid contract;
2. The terms of the agreement must be reduced to writing;
3. The dispute is between the parties or their successors-in-interest; and
4. There is dispute as to the terms of the agreement

Exceptions to the Parol Evidence Rule: (FIVE)

1. Failure of the written agreement to express the true intent of the parties thereto;
2. Intrinsic ambiguity, mistake or imperfection in the written agreement;
3. Validity of the written agreement; or
4. Existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement

Authentication of document is the process of proving the due execution and genuineness of a
document.

Requisites of ancient document (authentic document rule):

1. That the private document be more than 30 years old;
2. That it be produced from a custody in which it would naturally be found if genuine; and
3. That it is unblemished by any alteration or circumstances of suspicion

Testimonial or oral evidence is evidence elicited from the mouth of a witness. It is sometimes
called viva voce evidence which literally means “living voice” or by word of mouth. In this kind of
evidence, a human being (witness) is called to the stand, is asked questions, and answers the question
asked of him.

Who may be a witness? – All persons who can perceive, and perceiving, can make their known
perception to others, may be witnesses.

Grounds for disqualifying a witness:

1. Disqualification by reason of marriage;
2. Disqualification by reason of privileged communication:
a. Marital privilege;
b. Attorney-client privilege;
c. Doctor-patient privilege;
d. Minister-penitent privilege; or
e. Public officer as regards communications made in official confidence.

Are persons who had been convicted of a crime disqualified to become witnesses in court? – No. As a
general rule, conviction of a crime is not a ground for disqualification as a witness.

As a general rule, conviction of a crime is not a ground to disqualify a witness. The exceptions are:
1. Those who have been convicted of falsification of a document, perjury or false testimony are
prohibited from being witnesses to a will;
2. Those who have been convicted of an offense involving moral turpitude, cannot be discharged
to become a State witness; and
 3. Those who fall under the disqualification provided under Secs. 23 and 24, Rule 130
(Disqualification by reason of marriage and disqualification by reason of privileged
communications)

Marital Disqualificaiton or Spousal Immunity Rule – it states that during their marriage, the
husband or the wife cannot testify against the other without the consent of the affected spouse, except
in 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.

Attorney-Client Privilege Disqualification Rule – it is a rule which states that an attorney or

person reasonably believed by the client to be licensed to engage in the practice of law cannot, without
the consent of the client, be examined as to any communication made by the client to him or her, or
his or her advice given therein in the court of, or with a view to, professional employment, nor can an
attorney’s secretary, stenographer, or other persons assisting the attorney be examined without the
consent of the client and his or her employer, concerning any fact the knowledge of which has been
acquired in such capacity

Requisites for the attorney-client privilege to apply:

1. There must be a communication made by the client to the attorney, and/or advice given by the
attorney to his client;
2. The communication or advice must be given in confidence; and
3. The communication or advice must be given either in the course of the professional
employment or with a view of professional employment

Physician-Patient Privilege Rule – it is a rule which states that a physician, psychotherapist or

person reasonably believed by the patient to be authorized to practice medicine or psychotherapy
cannot in a civil case, without the consent of the patient, be examined as to any confidential
communication made for the purpose of diagnosis or treatment of the patient’s physical, mental or
emotional condition, including alcohol or drug addiction, between the patient and his or her physician
or psychotherapist

Requisites for the applicability of the Physician-Patient Privilege:

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,
psychotherapy, or person reasonably believed by the patient to be authorized to practice
medicine or psychotherapy;
3. It is without consent of the patient;
4. The subject matter is any confidential communication made for the purpose of diagnosis or
treatment of the patient’s physical, mental or emotional condition, including alcohol or drug
addiction

Priest-Penitent Privilege Rule – it is a rule which states that a minister, priest or person
reasonably believed to be so cannot, without the consent of the affected person, be examined as to any
communication or confession made to or any advice given by him or her, in his or her professional
character, in the courts of discipline enjoined by the church to which the minister or priest belongs

Requisites for the applicability of the Priest-Penitent Privilege:

1. The confession must have been made to the minister, priest, or person reasonably believed to
be to in his professional character, in the courts of discipline enjoined by the church to which
the minister or priest belongs; and
2. Communications made must be condifential and must be penitential, e.g., under the seal of the
confessional