Evidence 07/13/2024
Not the
Is the means ascertaining the truth (the truth would
depend on the evidence admitted in court)
Evidence is not the end in itself but only the means.
Truth is the purpose of evidence.
Goal: Legal truth
Apply only to judicial proceedings not election,
land registration, cadastral, naturalization,
insolvency and other cases cannot be used exc by
analogy or suppletorily
Rules on Electronic Evidence, it shall apply to all
civil actions and proceedings and quasi-judicial and
administrative cases ( this is bc of Rule 1, Sec 2)
May 1, 2020
Kinds of Evidence:
1. Object
2. Documentary
3. Testimonial
When will the Evidence be admissible?
-first obstacle: to have the evidence admitted in
court
When relevant to the issue and not excluded by the
constitution
-why Constitution bec in Art. 3, there are a lot of
exclusionary provisions in Evidence
Axioms of Admissibility
1. Relevancy – tends in any reasonable degree
to establish the probability of improbability
of a fact in issue
- A matter of logic. Is it relevant?
- 1+1 = 2 that is evidence or 1+1= 11 that
is also evidence if it can be shown it will
equal to 11
2. Competent – not excluded by law, the
constitution and the rules. The ground for
objection and to the competency
3 requisites for admissibility:
2 Rules in Competency of Evidwnce
1. Exlusionary
2. Preclusionary
Proof = result or effect of evidence.
evidence itself
Evidence =
FACTUM PROBANDUM= fact in issue, the fact or
proposition to be established and to which the
evidence is directed
Ex: In Criminal case. WON the accused killed the
victim ( what is to be proven)
FACTUM PROBANS = the facts or material
evidencing the fact or proposition to be established.
The probative or evidentiary
FACTS THAT NEED NOT BE PROVED:
1. Judicial notice – take and act upon without
proof
When JN of a fact may be taken: during pre-trial,
during trial, after trial and before judgment or
appeal
Kinds of Judicial Notice:
1. Mandatory (sec. 1, R129)
2. Discretionary Judicial Notice (example a.
matters wc are of public knowledge;
covid-19 pandemic, b. capable of
unquestionable demonstration;
mathematical formula, computation, c.
ought to be known to judges because of
their judicial functions; proceedings
known before her court, subpoenas sent,
stenographic notes etc.
JN of Foreign Laws
- Courts cannot take JN of foreign laws.
They must be alleged and proved.
- However, when the foreign law refers to
a law of nations, said law is subject
mandatory judicial notice under (Sec. 1,
R129)
What about Rule of nations? Like Hague
Convention, Apostille etc) Yes, bc law of NATIONS
DOCTRINE OF PROCESSUAL PRESUMPTION
– If foreign law is not pleaded, and proved, the
presumption is that the foreign law is the same as
ours
Requisites of Judicial Admission
1. Made by a patry to the case/his counsel
 2. Made in the courts of the proceedings in the
same case
3. Can be oral or written admission. There is
no particulae form required
4. Must have been expressed in definite,
certain, and unequivocal
EFFCTS OF JUDICIAL ADMISSION
- Do not require proof
Admissions during PT
Civil Cases – judicial admissions bc they are made
in the course of the proceedings in the case
Admissions in pre-trial are
Criminal Cases –
OBJECT (REAL) EVIDENCE
- Must be relevant
- Addressed to the senses of the court
- AKA reak evidence, demonstrative
evidence, autoptic preference and
physical evidence
- Not li,ited to the vide of the object.
Could be tactile etc
Classification:
1. Actual/Physical or autoptic evidence – has
direct relation or part in the fact or incident
to be proven. Brought to the court for
personal examination by the judge.
A. Unique objects – like blood or drugs
B. Objects made unique – comply with the
chain of custody rule (every turnover is
accounted for until they are presented in
court)
C. Non-unique
2. Demonstrative – represents the
actual/physical object (pictures,
videos)depicts what happened
Example: in Judge Quiambao’s court
prosecution and defense were made to tale
photographs of the object evidence
(grenade) instead of bringing them to the
court
Requisites for Admissibility
1. Relevant and competent
2. Authenticated – show that the object is
the actual thing subject matter of the
case. MUST BE FORMALLY
OFFERED BC EVIDENCE NOT
FORMALLY OFFERED CANNOT BE
SUBMITTED
3.
CHAIN OF CUSTODY
This is relevant to object evidence
DOCUMENTARY EVIDENCE
- Expanded definition
Consist of writings, recordings, photographs, or
Note: the SC allowed the use of photographs as
documentary evidence if they are relevant to the
issue and are verified (bc it could also be object
evidence depending on the purpose it is offered.
Offered to prove existence = object ex. Tattoo of
Chinese character on accused proves that he has a
tattoo -object,
to prove the contents = documentary
because of that tattoo the accused is a member of
the Triad proves he is a member of the triad =
documentary)
Categories:
1. Writings
2. Recordings
3. Photographs
Exclusionary Rules – hearsay, original document
rule, parol evidence rule
BUT IF IT IS OBJECT EVIDENCE, the original
document rule, parol evidence rule and hearsay rule
not applicable
ORIGINAL DOCUMENT RULE
(formerly BEST EVIDENCE RULE) meaning “you
need to present the original document”
The doctrine simply requires the original be
produced when the subject ofinquiry is the contents
of a document and excludes secondaru evidence
except where the original is shown to be unavailable
Ex: purpose is the show A & B entered a DOAS, a
copy would be enough for the existence
But if purpose is to show the contents like T&Cs of
the DOAS, then it is now Documentary evidence

Collateral Matter – incidental to the issue, what is
material is
if the writing, recording
Requisites for the applicability of the ODR
- Subject matter must involve a doc
- Subject inquiry is the contents of the doc
MENDOZA CASE
- Lotto ticket
-testimonial evidence
-documentary (through digital)
The determination of the “original” depends on the
writing or photo
Any printout readable by sight and shown to reflect
accurately the date stored in the computer is an
“original”. But it is an original only of the date
stored on the computer or diskette or USB or
external drive
The amendments defines “duplicate” to mean a
counterpart
NEW RULE ON ORIGNALS OF DOCUMENTS
Don’t admit: The duplicate does not from the
original
GR: Photocopies will be admissible into evidence,
unless a genuine issue on its authenticity is raised,
or it is shown that its admission is unjust or
inequitable. (bc of the definition “original or it’s
counterpart)
The burden to show that the photocopies are not
admissible is on the party opposing its admission
Secondary Evidence
1. Original doc is destroyed
2. Orginal doc is in adverse party’s custody or
control
3. When the original consists of numerous
accounts (example summary; audited
financial statements from year 2000 to 2023)
could be presented bc what is being proved
is the general result of the whole (but shall
be available for the opposing party)
[summary would be sufficient]
4. When original document is a public record
(Ex: birth certificates from the PSA)
PAROL EVIDENCE RULE (relevant in
documentary evidence)
Sec. 10. Evidence of written agreements – when the
terms of an agreement have been reduced to writing,
it is considered as containing all the terms agreed
upon and there can be , as between
"oral, by word of mouth” any other evidence
outside of the written agreement; “extrinsic
evidence”
Has a direct application on the law of contracts.
By the parol evidence you want to change the effect
of the contract
Prohibits extrinsic evidence
In order that parol evidence may be admissible, the
exceptional situation including the fact of a subsqu
Requisites for the application of the parole v rule:
1. Valid contract
2. Terms of the agreement must be reduced to
writing
3. Dispute is between
4. There is dispute
WHEN PAROL EVIDENCE CAN BE
INTRODUCED
. an intrinsic ambiguity, mistake or imperfection in
the written agreement ( includes wills)
. failure of the written agreement to express the true
intent of the parties thereto
. validity of the written agreement
. existence of other terms agreed to by the parties or
their successors in interest after the execution of the
written agreement
But cannot prove the invalidity of the written
agreement
TESTIMONIAL EVIDENCE
- Personal knowledge
Qualification:
All persons who can perceive and may make known
their perception to others, may be a witness
Prophylactic Rules of Evidence
- Applied beforehand to prevent risks,
falsity, or mistakes
Ex: rule that require witnesses to be placed under
oath
Rule on exclusion or separation of witness
Presumption: all witness is presumed to be qualified
Testimony of the Witness
Hearsay
Disqualification of a Witness
1. Disqualification by reason of Marriage
2. Privileged communication
- Marital privilege
- Attorney-client privilege
- Doctor-patient privilege
- Minister-penitent privilege
- Government in the exercise of
Conviction of a crime is not a ground for
disqualification as a witness. Unless otherwise
provided by law:
1. By falsity etc
2. Something I forgot
Disqualification by Reason of Marriage
Requisites:
1. The spouse against whom the evidence is
given
Exceptions to spousal immunity ⚘🌸
1.
Alvarez vs Ramirez
- Husband burned down the house of
wife’s sister thinking she was there
but wife saw him dousing the house
with gas before the burning ( but
how come sister died) anyway
prosecution asked wife to testify
AGAINST husband even if all the
prohibition are present, as an
exception
The Attorney-Client Privilege
Attorney pretending to be one, is it still
covered? Yes
Exception:
1. Future crime-fraud exception
In Pp vs Sandiganbayan, “communications
between atty and client having to do with the
client’s comntemplated criminal acts…
If he doesn’t disclose, he becomes a
conspirators
Justice must be felt ♥️
2. Claimants through a deceased client
(testate/ intestate/intervivos transactions
- While the Atty-client privilege
survives the death of a client, there is
no privilege in a will contest or other
case between parties who both claim
through that very client
Mueller vs Kirkpatrick
The rationale is that in will contests and similar
litigation is it not known who stands in the
shoes of the deceased client. His
communications may be essential to an
accurate resolution of competing claims in the
contest of will
3. Breach of duty by lawer or client
“Self-defense exception” to prove that he did
not commit malpractice because he asked if he
wants to appeal? No. If there is no other
evidence? No. Yet was
4. Lawyer as attesting witness
When lawyer acts as a witness he is not providing
legal advices
5. Joint Representation
How about government lawyers? OSG OGC
Matters disclosed in psychotherapy are often more
personal and more likely to cahse embarrassment –
but only in civil cases
6. Priest-Penitent Privilege
Not limited to catholics
Last paragraph Sec 24, R130 on disqualification by
reason of privileged communication
Maid heard the communication by his Sir and
Ma’am, prosecution cannot call the maid and ask or
compel her to testify because the communication is
privileged.
Res Inter Alios acta rule
- Cannot be re examined
Exceptions:
-Admission by silence
Admission by a Conspirator
Requisites
Privies (haha freebies daw lol 5 grade)
Persons who have an interest in any action or thing
in relation to another
Confession – The declaration
Requisites:
Extrajudicial confession – cnnot sustain a
conviction unless corroborated by corpus delicti
Corpus delicti – is the body, foundation, or
substance of a crime
Ex: the evidence of a dead body with a gunshot
wound on its back would be evidence thst murder
has been committed
Doctrine of Interlocking Confessions
People vs Dacanay
The confession is corroborated b
Confession made in newsmedia can it be taken in
evidence without violating the bill of rights yes
Similar Acts as Evidence – propensity of evidence
2nd Branch of the Res Inter Alios Acta Rule
Requisites for the admission of
Victim
Sec 39: Disqualification by Reason of Death
(DEAD MAN STATUTE/SURVIVING PARTY
RULE)
Ex: Pedro borrowed from Juan 2m
Juan let him borrow without any promissory note
Pedro died without paying 2m
How can the heirs of Juan recover
Remedy: the survivor may now testify against the
decedent but the representative of the deceased may
present hearsay evidence
DMS will be applied bc out of necessity bc there’s
no other evidence left except hearsay evidence
What if there is a tissue where it was written? DMS
will not apply bc there is testimonial evidence
Sec. 40 Declaration of Interest
Requisites
Sec. 41 Act of Declaration of Pedigree
Requisites
Pedro and juan brothers
Juan has a son out of wedlock
Juan died
The son would like to establish that he is the son of
Juan
Out of necessity there’s no other evidence (no more
biological evidence)
Pedro will testify that during juan’s lifetime, he did
say he had a son out of wedlock – the son
Sec. 44 Part of Res Gestae
Act of yours in reaction to a startling occurrence
Before: News articles are hearsay
Judge moro
Now: Residual exception
The court may admit a statement in evidence even if
hearsay and does not fall under any of the exception
s on the hearsay rule so long as
1.
2.
3.
There must be an advance notice to the parties
during the hearing
Is the opinion of a witness admissible?
Expert Witness
Merely recommendatory to the judge not mandatory
only permissive
-they don’t have firsthand experience of the case
Sec. 53 Opinion of Ordinary Witnesses
Sec. 51 “siga-siga ng barangay” Character evidence The FB post is an electronic document pursuant to
not admissible the funsctional equivalence and non-discrimination

Kinds of Presumptions How to prove or aut1

1. Conclusive Presumption
a. Estoppel in pais (Equitable Estoppel)
example seller sold a title to property when
not in his name and later on cannot repudiate
the sale bc he is estopped from

b. Estoppel by deed

Bursting bubble theory – a presumption disappear

where sufficient counterproof is introduced

But the presumption should affect only the burden

of evidence or production

Leading question is not allowed

GR: 1 wc suggests to the witness the answer wc the
examining party

EXC:

Procedure in impeaching a wtiness by evidence

Sec. c15 Exclusion and separation of Witness ( A

Preclusion Rule)

Sec. 36 Objection

Rule 133 Weifht and Sufficiency of Evidence

Sec. 4 Circumstantial evidence

“The totality” 1+1=2 +1 = 3

Electronic also means “digital” except signatures

Electronic evidence
Data is the next most valuable next to oil

Electronic document is one wc can be used to:

1. Estqablish a fact
2. Something an obligation?
3. Something a contract? Waah

Screenshots
As Object Evidence: Merely to prove existence of
the document that was subject of the screenshot

Ephemeral Communication Evidence