University of Santo Tomas

Faculty of Civil Law

Remedial Law Department

EVIDENCE
Judge Myra B. Quiambao

Course description: A study of Rules 128 to 133 of the Revised Rules on Evidence as amended by
A.M. No. 19-08-15-SC [2019 Amendments to the Revised Rules on Evidence] including the Rules on
Electronic Evidence (A.M. No. 01-7-01-SC) and other relevant issuances of the Supreme Court. The
course governs the presentation, admissibility, weight and sufficiency of evidence, as well as burden
of proof and presumptions.

A. General Provisions and Principles

1. Definition of evidence
2. Scope of the Rules on Evidence
3. Evidence in civil cases versus evidence in criminal cases
4. Proof versus evidence
5. Factum probans versus factum probandum
B. Admissibility of evidence
1. Requisites for admissibility of evidence
• People v. Lauga, G.R. No. 186228, March 15, 2010
• People v Parungao, G.R. No. 125812, November 28, 1996
2. Relevance of evidence and collateral matters
3. Multiple admissibility
4. Conditional admissibility
5. Curative admissibility
6. Direct and circumstantial evidence
• People v. Quizon, G.R. No. 142532, November 18, 2003
• People v. Ruben Baron G.R. No. 213215, January 11, 2016
• People v. Villacorta, G.R. No. 172468, October 15, 2008
7. Positive and negative evidence
Documented Alibi
• Lejano v. People, G.R. No. 176389/176864, December 14, 2010
8. Competent and credible evidence
C. Burden of proof and burden of evidence
• Manongsong v. Estimo, G.R. No. 136773, June 25, 2003
• Philippine Trust Company (also known as Philtrust Bank), vs
Redentor R. Gabinete, et al., G.R. No. 216120, March 29, 2017
D. Presumptions
1. Conclusive presumptions
• Datalift Movers v. Belgravia Realty, G.R. No. 144268, August 30, 2006
2. Disputable presumptions
E. Liberal construction of the Rules on Evidence
F. Weight and Sufficiency of Evidence (Quantum of evidence)
1. Proof beyond reasonable doubt
 2

a) Corpus delicti
• Rimorin v. People, G.R. No. 146481, April 30, 2003
2. Preponderance of evidence
• Raymundo v. Lunaria, G.R. No. 171036, October 17, 2008
3. Substantial evidence
4. Clear and convincing evidence
G. Judicial notice and judicial admissions
1. What need not be proved
2. Matters of judicial notice
a) Mandatory
b) Discretionary
• Fernando U. Juan v. Roberto Juan, et al., G.R. No. 221732, August 23, 2017
• Corinthian Garden v. Spouses Tanjangco, G.R. No. 160795, June 27, 2008
• Social Justice Society v. Atienza, G.R. No. 156052, February 13, 2008
• “G” Holdings, Inc. v. National Mines and Allied Workers, G.R. No. 160236,
October 16, 2009
• Spouses Latip v. Chua, G.R. No. 177809, October 16, 2009
3. Judicial admissions
a) Effect of judicial admissions
b) How judicial admissions may be contradicted
• Cuenco v. Talisay Tourist Sport Complex, G.R. No. 174154, October 17, 2008
• Toshiba Information v. Commissioner of Internal Revenue, G.R. No.157594, March 9, 2010
4. Judicial notice of foreign laws, law of nations and municipal ordinance
H. Object (real) evidence
1. Nature of object evidence
• BPI v. Reyes, G.R. No. 157177, February 11, 2008
• People v. Malimit, 264 SCRA 167
2. Requisites for admissibility
3. Categories of object evidence
• People v. Bududan, G.R. No. 178196, Auguat 6, 2008
• People v. Brecinio, G.R. No. 138534, March 17, 2004
• Sison v. People, G.R. Nos. 108280-83, November 16, 1995
• Jose v. Court of Appeals, G.R. No. 118441, January 18, 2000
4. Demonstrative evidence
5. View of an object or scene
6. Chain of custody, in relation to Section 21 of the Comprehensive Dangerous Drugs Act
of 2002, as amended
• People v. Romy Lim y Miranda, G.R. No. 231989, September 4, 2018
7. Rule on DNA Evidence (A.M. No. 06-11-5-SC)
• People v. Vallejo, 382 SCRA 192
• People v. Yatar, 428 SCRA 504
• In Re Estate of Rogelio Ong v. Diaz, G.R. No. 171713, December 14, 2007
I. Documentary evidence
1. Meaning of documentary evidence
2. Requisites for admissibility
 3

3. Original Document Rule

a) Meaning of the rule
b) When applicable
c) Meaning of original
d) Requisites for introduction of secondary evidence
• Republic v. Imelda “Imee” Marcos-Manotoc, et al., G.R. No. 171701, February 8, 2012
• Edsa Shangrila v. BF Corporation, G.R. No. 145842, June 27, 2008
• Chua Gaw v. Chua G.R. No. 160855, April 16, 2008
• Sansan v. NLRC, G.R. No. 160855, April 16, 2008
• DECS v. Del Rosario, G.R. No. 146596, January 26, 2005
• Rogelio Dantis v. Julio Maghinang, Jr. , G.R. No. 191696, April 10, 2013
4. Parol Evidence Rule
a) Application of the parol evidence rule
b) When parol evidence can be introduced
c) Distinctions between the best evidence rule (original evidence rule) and parol evidence
rule
• ACI Phil. Inc. v. Coquia, G.R. No. 174466, July 14, 2008
• Seaoil Petroleum Corporation v. Autocorp. Group, G.R. No. 164326, October 17, 2008
• Marquez v. Espejo, G.R. No. 168387, August 25, 2010
5. Interpretation of documents
6. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
a) Scope; coverage; meaning of electronic evidence; electronic data message
• RCBC Bankard Services Corp. v. Moises Oracion, Jr., et al., G.R. No. 223274, June 19,
2019
b) Functional equivalence and non-discriminatory principle in electronic document
b) Probative value of electronic documents or evidentiary weight; method of proof
c) Authentication of electronic documents and electronic signatures
• RCBC Bankard Services Corp. v. Moises Oracion, Jr., et al., G.R. No. 223274, June 19,
2019
d) Electronic documents vis-a-vis the hearsay rule
e) Audio, photographic, video and ephemeral evidence
• People v. Noel Enojas, et al., G.R. No. 204895, March 10, 2014
• MCC Industrial Sales Corp. v. Sangyong Corp., G.R. No. 170633, October 17, 2007
7. Authentication and proof of documents
a) Meaning of authentication
b) Public and private documents
• Suerte-Felipe v. People, G.R. No. 170974, March 3, 2008
• Republic of the Philippines vs. Carmen Santorio Galeno, G.R. No. 215009, January 23, 2017
c) When a private writing requires authentication; proof of a private writing
• Galileo Maglasang v. People, G.R. No. 248616, January 12, 2021
• St. Mary’s Farm, Inc. v. Prime Real Porperties, Inc., G.R. No. 158144, July 31, 2008
d) When evidence of authenticity of a private writing is not required (ancient
documents)
e) How to prove genuineness of a handwriting
f) Public documents as evidence; proof of official record
 4

g) Attestation of a copy
h) Public record of a public document
i) Proof of lack of record
j) How a judicial record is impeached
k) Proof of notarial documents
l) How to explain alterations in a document
m) Documentary evidence in an unofficial language
J. Testimonial evidence
1. Qualifications of a witness
• Northwest Airlines, Inc. v. Chiong, G.R. NO. 155550, January 31, 2008
2. Competency versus credibility of a witness
3. Disqualifications of witnesses
a) By reason of marriage
• Alvarez v. Ramirez, 473 SCRA 72
• People v. Pansensoy, 388 SCRA 669
• People v. Quidato, 297 SCRA 1
b) By reason of privileged communications
i. Marital privilege
ii. Attorney-client privilege
iii. Physician-patient privilege
iv. Minister, priest- penitent privilege
v. Public officer
• Mercado v. Vitriolo, A.C. 5110, May 26, 2005
• Regala v. Sandiganbayan, G.R. No. 105938, September 20, 1996
• People v. Invencion, G.R. No. 131636, March 5, 2003
• Gonzales v. CA, G.R. No. 117740, October 30, 1998
• Neri v. Senate Committee on Accountability, G.R. No. 180643, March 25, 2008
4. Testimonial privilege
a) Parental and filial privilege
b) Privilege relating to trade secrets
5. Examination of a witness
a) Rights and obligations of a witness
b) Order in the examination of an individual witness
i. Direct examination
ii. Cross examination
iii. Re-direct examination
iv. Re-cross examination v. Recalling
the witness
c) Leading and misleading questions
d) Methods of impeachment of adverse party’s witness
• Chua Gaw v Gaw, G.R. No. 160855, April 16, 2008)
e) How the witness is impeached by evidence of inconsistent statements (laying
the predicate)
f) Evidence of the good character of a witness
g) Impeachment by evidence of conviction of a crime
h) Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
 5

6. Admissions and confessions

a) Res inter alios acta rule
b) Admission by a party
• Rufina Patis v. Alusitain, 434 SCRA 419
c) Offer of Compromise
d) Admission by a third party
e) Admission by a co-partner or agent
• Republic v. Sandiganbayan, 406 SCRA 190
f) Admission by a conspirator
• Tamargo v. Awigan. G.R. No. 177727, January 19, 2010
• People v. Vda. De Ramos, 403 SCRA 167
• People v. Baharan, 639 SCRA 157
g) Admission by privies
• Gevero v. IAC, 189 SCRA 201
h) Admission by silence
• Estrada v. Desierto, 356 SCRA 108
i) Confession
• People v. Muit, G.R. No. 181043, October 8, 2008
• People v. Satorre, G.R. No. 133858, August 12, 2003
j) Similar acts as evidence
• Bank of Commerce v. Manalo, G.R. No. 158149, February 9, 2006
7. Hearsay Rule
a) Meaning of hearsay
b) Reason for exclusion of hearsay evidence
c) Exceptions to the hearsay rule
i. Dying declaration
ii. Statement of decedent or person of unsound mind
iii. Declaration against interest
iv. Act or declaration about pedigree
v. Family reputation or tradition regarding pedigree
vi. Common reputation
vii. Part of the res gestae
viii. Records of regularly conducted business activity
ix. Entries in official records
x. Commercial lists and the like
xi. Learned treaties
xii. Testimony or deposition at a former proceeding
xiii. Residual exception
8. Opinion rule
a) Opinion of expert witness
• Daubert v. Merrel Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)
• Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)
b) Opinion of ordinary witness
• Domingo v. Domingo, G.R. No. 150897, April 11, 2005
9. Character evidence
a) Criminal cases
 6

b) Civil cases
d) In criminal and civil cases
10. Rule on Examination of a Child Witness (A.M. No. 004-07-SC)
• People v. Canete, G.R. No. 491920, March 28, 2003
K. Offer and objection
1. Offer of evidence
• Atlas Consolidated v. CIR, G.R. No. 159490, February 18, 2008
• Dizon v. Court of Appeals, G.R. No. 140944, April 30, 2008
• Republic of the Philippines v. Valentina Espinosa, Registrar of Deeds of Negros Occidental
et.al., G.R. No. 186603, April 5, 2017
2. When to make an offer
3. Objection
4. Repetition of an objection
5. Ruling
6. Striking out of an answer
7. Tender of excluded evidence