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Lecture On Rules of Evidence
Lecture On Rules of Evidence
Lecture On Rules of Evidence
ON THE
2019 RULES ON EVIDENCE
Issue of Fact
Instances where evidence is no longer required:
When the pleadings in the a civil case fail to tender an issue. judgment
on the pleading will ensue in accordance with Rule 34.
When parties stipulated on certain facts.
Relevancy
Competency
Relevancy
It is the relationship of evidence to the fact in issue. If
the evidence will tend to prove the fact in issue, then
the evidence is relevant. If there is no connection at
all, then the evidence is not relevant.
Dying
Example: Declaration of dying person declaration
Declaration
against interest
Kinds of Admissibility
Conditional admissibility – Sometimes the
relevance of an evidence is not readily
apparent at the time it is offered, but the
relevance of which may be seen when
connected to other pieces of evidence not
yet offered. In which case, such evidence
may be admitted conditionally.
Illustration
The plaintiff filed a complaint for recovery of
possession of real property against the defendant. The
plaintiff presented evidence that the property is titled
in the name of X. The defendant object on the ground
of immateriality. The plaintiff manifested that the
relevancy of this piece of evidence will be shown later
on when the plaintiff presents evidence that X sold the
land to B from which the plaintiff derives his title of
the subject real property.
Illustration
The prosecution witness testified that he saw the
person who stabbed the victim to be sporting a color
red hair but the witness was not able to identify the
accused in open court. The counsel for the defense
moved for the striking out of his testimony for being
immaterial. The prosecution countered that it will
present evidence that the person whom the witness
identified to be sporting a color red hair is the
accused.
Kinds of Admissibility
The doctrine of curative admissibility allows a party to
introduce otherwise inadmissible evidence to answer
the opposing party’s previous introduction of
inadmissible evidence. Thus, a party who first
introduces either irrelevant or incompetent evidence
into the trial cannot complain of the subsequent
admission of similar evidence from the adverse party
relating to the same subject matter
Example
In a collection suit filed by A against B, A
introduced evidence that B borrowed money from
C, D and E, but did not pay. B objects on the
ground that it is immaterial and constitute
character assassination. Nevertheless, the Court
allowed.
B, can introduce evidence that he already paid his
debt to C, D and E.
Classification of Evidence
Direct Circumstantial
In civil cases, it is a basic rule that the party making allegations has the
burden of proving them by preponderance of evidence. By
preponderance of evidence is meant that evidence adduced by one side
is, as a whole, superior to that of the other side (NFF Industrial
Corporation vs. G& L Brokerage, January 12, 2015).
(a) Whenever a party has, by his own declaration, (a) Whenever a party has, by his or her own
act, or omission, intentionally and deliberately led declaration, act, or omission, intentionally and
another to believe a particular thing is true, and to deliberately led another to believe a particular thing
act upon such belief, he cannot, in any litigation true, and to act upon such belief, he or she cannot,
arising out of such declaration, act, or omission, be in any litigation arising out of such declaration, act or
permitted to falsify it. omission, be permitted to falsify it; and
(b) The tenant is not permitted to deny the title of
(b) The tenant is not permitted to deny the title of
his or her landlord at the time of the
his landlord at the time of the commencement of commencement of the relation of landlord and
the relation of landlord and tenant between them. tenant between them.
Example of estoppel
(q) That the ordinary course of business has been (q) That the ordinary course of business has been
followed; followed;
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(r) That there was a sufficient consideration for a (r) That there was a sufficient consideration for a
contract; contract;
(s) That a negotiable instrument was given or (s) That a negotiable instrument was given or
indorsed for a sufficient consideration; indorsed for a sufficient consideration;
(t) That an indorsement of a negotiable (t) That an indorsement of a negotiable
instrument was made before the instrument was instrument was made before the instrument was
overdue and at the place where the instrument is overdue and at the place where the instrument is
dated; dated;
(u) That a writing is truly dated; (u) That a writing is truly dated;
(v) That a letter duly directed and mailed was (v) That a letter duly directed and mailed was
received in the regular course of the mail; received in the regular course of the mail;
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(w) That after an absence of seven years, it being (w) That after an absence of seven years, it being
unknown whether or not the absentee still lives, he is unknown whether or not the absentee still lives, he or
considered dead for all purposes, except for those of she is considered dead for all purposes, except for those
succession. of succession.
The absentee shall not be considered dead for the purpose of The absentee shall not be considered dead for the purpose of
opening his succession till after an absence of ten years. If he opening his or her succession until after an absence of ten
disappeared after the age of seventy-five years, an absence of years. If he or she disappeared after the age of seventy-five
five years shall be sufficient in order that his succession may years, an absence of five years shall be sufficient in order that
be opened. his or her succession may be opened.
The following shall be considered dead for all purposes The following shall be considered dead for all purposes
including the division of the estate among the heirs: including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an (1) A person on board a vessel lost during a sea voyage, or an
aircraft with is missing, who has not been heard of for four aircraft with is missing, who has not been heard of for four
years since the loss of the vessel or aircraft; years since the loss of the vessel or aircraft;
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(2) A member of the armed forces who has taken part in armed (2) A member of the armed forces who has taken part in armed
hostilities, and has been missing for four years; hostilities, and has been missing for four years;
(3) A person who has been in danger of death under other (3) A person who has been in danger of death under other
circumstances and whose existence has not been known for four circumstances and whose existence has not been known for four
years; years; and
(4) If a married person has been absent for four consecutive years, (4) If a married person has been absent for four consecutive years,
the spouse present may contract a subsequent marriage if he or the spouse present may contract a subsequent marriage if he or
she has well-founded belief that the absent spouse is already she has well-founded belief that the absent spouse is already
death. In case of disappearance, where there is a danger of death death. In case of disappearance, where there is a danger of death
the circumstances hereinabove provided, an absence of only two the circumstances hereinabove provided, an absence of only two
years shall be sufficient for the purpose of contracting a years shall be sufficient for the purpose of contracting a
subsequent marriage. However, in any case, before marrying subsequent marriage. However, in any case, before marrying
again, the spouse present must institute a summary proceedings again, the spouse present must institute a summary proceedings
as provided in the Family Code and in the rules for declaration of as provided in the Family Code and in the rules for declaration of
presumptive death of the absentee, without prejudice to the effect presumptive death of the absentee, without prejudice to the effect
of reappearance of the absent spouse. of reappearance of the absent spouse.
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(x) That acquiescence resulted from a belief that (x) That acquiescence resulted from a belief that
the thing acquiesced in was conformable to the the thing acquiesced in was conformable to the
law or fact; law or fact;
(y) That things have happened according to the (y) That things have happened according to the
ordinary course of nature and ordinary nature ordinary course of nature and ordinary nature
habits of life; habits of life;
(z) That persons acting as copartners have (z) That persons acting as co-partners have
entered into a contract of copartneship; entered into a contract of co-partneship;
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(aa) That a man and woman deporting themselves as (aa) That a man and woman deporting themselves as
husband and wife have entered into a lawful contract of husband and wife have entered into a lawful contract of
marriage; marriage;
(bb) That property acquired by a man and a woman who (bb) That property acquired by a man and a woman who
are capacitated to marry each other and who live are capacitated to marry each other and who live
exclusively with each other as husband and wife without exclusively with each other as husband and wife without
the benefit of marriage or under void marriage, has been the benefit of marriage or under void marriage, has been
obtained by their joint efforts, work or industry. obtained by their joint efforts, work or industry.
(cc) That in cases of cohabitation by a man and a woman (cc) That in cases of cohabitation by a man and a woman
who are not capacitated to marry each other and who have who are not capacitated to marry each other and who have
acquire properly through their actual joint contribution of acquire properly through their actual joint contribution of
money, property or industry, such contributions and their money, property or industry, such contributions and their
corresponding shares including joint deposits of money and corresponding shares including joint deposits of money and
evidences of credit are equal. evidences of credit are equal.
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(dd) That if the marriage is terminated and the mother (dd) That if the marriage is terminated and the mother
contracted another marriage within three hundred days contracted another marriage within three hundred days
after such termination of the former marriage, these rules after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary: shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the (1) A child born before one hundred eighty (180) days after
solemnization of the subsequent marriage is considered to the solemnization of the subsequent marriage is
have been conceived during such marriage, even though it considered to have been conceived during such marriage,
be born within the three hundred days after the even though it be born within the three hundred days after
termination of the former marriage. the termination of the former marriage; and
(2) A child born after one hundred eighty days following the (2) A child born after one hundred eighty (180) days
celebration of the subsequent marriage is considered to following the celebration of the subsequent marriage is
have been conceived during such marriage, even though it considered to have been conceived during such marriage,
be born within the three hundred days after the even though it be born within the three hundred days after
termination of the former marriage. the termination of the former marriage.
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(ee) That a thing once proved to exist (ee) That a thing once proved to exist
continues as long as is usual with things continues as long as is usual with things
of the nature; of the nature;
(ff) That the law has been obeyed; (ff) That the law has been obeyed;
(gg) That a printed or published book, (gg) That a printed or published book,
purporting to be printed or published purporting to be printed or published
by public authority, was so printed or by public authority, was so printed or
published; published;
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(hh) That a printed or published book, (hh) That a printed or published book,
purporting contain reports of cases adjudged purporting contain reports of cases adjudged
in tribunals of the country where the book is in tribunals of the country where the book is
published, contains correct reports of such published, contains correct reports of such
cases; cases;
(ii) That a trustee or other person whose duty (ii) That a trustee or other person whose duty
it was to convey real property to a particular it was to convey real property to a particular
person has actually conveyed it to him when person has actually conveyed it to him or her
such presumption is necessary to perfect the when such presumption is necessary to
title of such person or his successor in perfect the title of such person or his or her
interest; successor in interest;
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(jj) That except for purposes of succession, when two persons perish in (jj) That except for purposes of succession, when two persons perish in
the same calamity, such as wreck, battle, or conflagration, and it is not the same calamity, such as wreck, battle, or conflagration, and it is not
shown who died first, and there are no particular circumstances from shown who died first, and there are no particular circumstances from
which it can be inferred, the survivorship is determined from the which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes, probabilities resulting from the strength and the age of the sexes,
according to the following rules: according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to have 1. If both were under the age of fifteen years, the older is deemed to have
survived; survived;
2. If both were above the age sixty, the younger is deemed to have 2. If both were above the age sixty, the younger is deemed to have
survived; survived;
3. If one is under fifteen and the other above sixty, the former is deemed 3. If one is under fifteen and the other above sixty, the former is deemed
to have survived; to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the 4. If both be over fifteen and under sixty, and the sex be different, the
male is deemed to have survived, if the sex be the same, the older; male is deemed to have survived, if the sex be the same, the older; and
5. If one be under fifteen or over sixty, and the other between those ages, 5. If one be under fifteen or over sixty, and the other between those ages,
the latter is deemed to have survived. the latter is deemed to have survived.
RULE 131
Section 3: Disputable Presumptions
OLD RULE 2019 AMENDMENT
(kk) That if there is a doubt, as between (kk) That if there is a doubt, as between
two or more persons who are called to two or more persons who are called to
succeed each other, as to which of succeed each other, as to which of
them died first, whoever alleges the them died first, whoever alleges the
death of one prior to the other, shall death of one prior to the other, shall
prove the same; in the absence of prove the same; in the absence of
proof, they shall be considered to have proof, they shall be considered to have
died at the same time. (5a) died at the same time. (5a)
Effect of Disputable Presumption
The effect of a presumption upon a burden of
proof is to create the need of presenting
evidence to overcome the prima facie case
created by the presumption. If no contrary
proof is offered, the presumption will prevail
(Diaz vs. People, GR No. 2018113, December 2,
2013)
Disputable Presumption Under the Rules
Sec. 3(m), Rule 131
That official duty has been regularly performed.
“To begin with, the presumption of regularity in the performance of official duties should not
even be relied upon because there was concrete and undeniable evidence of lapses
committed by the arresting officers in their compliance with the affirmative safeguards. The
presumption has been erected only for convenience, to excuse the State from the duty to
adduce proof that official duties have been regularly performed by its agents, because of the
physically impossible or time-consuming task of detailing all the steps establishing the regular
performance of official duties. Moreover, it would be unconstitutional to place a higher value
in the presumption of regularity in the performance of official duties — a mere tool of
evidence — than in the more substantial presumption of innocence favoring the petitioner as
an accused — a right enshrined no less than in the Bill of Rights. (Casona vs. People, G.R. No.
179757, September 13, 2017).
Disputable Presumption Under the Rules
Sec. 3(m), Rule 131
That official duty has been regularly performed.
The presumption of regularity in the performance of official
functions is applicable only when there is no deviation from the
regular performance of duty (People vs. Casabuena, November
19, 2014). It is rebuttable by affirmative evidence of irregularity
or of failure to perform a duty (People vs. Alejandro, April 7,
2014).
Disputable Presumption Based on Jurisprudence
Rule
Sounds
Original Document Rule
When the subject of inquiry is the
contents of a document, writing,
recording, photograph or other record, no
evidence is admissible other than the
original document itself (Section 3, Rule
130).
RULE 130
Rules of Admisibility
Section 3. Original document must be produced; exceptions
OLD RULE 2019 AMENDMENT
1. By a copy.
Public Document
Private Document
Public Document
Section 19, Rule 132
(a) The written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether of the
Philippines, or of a foreign country;
(b) Documents acknowledge before a notary public except last wills and
testaments; and
(c) Documents that are considered public documents under treaties and
conventions which are in force between the Philippines and the country
of source; and
(d) Public records, kept in the Philippines, of private documents required by
law to the entered therein.
RULE 132
Rules of Admissibility
B. Authentication and Proof of Documents
OLD RULE 2019 AMENDMENT
Section 19. Classes of Documents. — For the purpose of Section 19. Classes of Documents. — For the purpose of their
presentation evidence, documents are either public or private.
their presentation evidence, documents are either public
or private. Public documents are:
Public documents are: (a) The written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public officers,
(a) The written official acts, or records of the official acts whether of the Philippines, or of a foreign country;
of the sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or of a (b) Documents acknowledge before a notary public except last wills and
testaments; and
foreign country;
(c) Documents that are considered public documents under treaties
(b) Documents acknowledge before a notary public except and conventions which are in force between the Philippines and the
last wills and testaments; and country of source; and
(c) Public records, kept in the Philippines, of private (d) Public records, kept in the Philippines, of private documents
documents required by law to the entered therein. required by law to the entered therein.
All other writings are private. All other writings are private.
RULE 132
Rules of Admissibility
B. Authentication and Proof of Documents
Section 19(c)- “Documents that are
considered public documents under treaties
and conventions which are in force between
the Philippines and the country of source”
because of the effectivity of the Apostille
Convention of which the Philippines is a party.
With the Apostille, the document will no
longer require legalization by the Foreign
Embassy if the country of destination is
already a Member of the Apostille Convention
(or an "Apostille Country.") Once Apostillized,
the document can be validly used in any and
all Apostille Countries.
Private Document
Section 19, Rule 132
SEC. 24. Proof of official record.—The record of public Sec. 24. Proof of official record. — The record of public
documents referred to in paragraph (a) of Section 19, documents referred to in paragraph (a) of Section 19, when
admissible for any purpose, may be evidenced by an official
when admissible for any purpose, may be evidenced by publication thereof or by a copy attested by the officer having
an official publication thereof or by a copy attested by the legal custody of the record, or by his or her deputy, and
the officer having the legal custody of the record, or by accompanied, if the record is not kept in the Philippines, with
his deputy, and accompanied, if the record is not kept a certificate that such officer has the custody.
in the Philippines, with a certificate that such officer
has the custody. If the office in which the record is kept If the office in which the record is kept is in a foreign country,
which is a contracting party to a treaty or convention to
is in a foreign country, the certificate may be made by a which the Philippines is also a party, or considered a public
secretary of the embassy or legation, consul general, document under such treaty or convention pursuant to
consul, vice consul, or consular agent or by any officer paragraph (c) of Section 19 hereof the certificate or its
in the foreign service of the Philippines stationed in the equivalent shall be in the form prescribed by such treaty or
foreign country in which the record is kept, and convention subject to reciprocity granted to public
authenticated by the seal of his office.(25a) documents originating from the Philippines.
RULE 132
Rules of Admissibility
SECTION 24: Proof of official record.
OLD RULE 2019 AMENDMENT
For documents originating from a foreign country which is not a
contracting party to a treaty or convention referred to in the
next preceding sentence, the certificate may be made by a
secretary of the embassy or legation, consul general, consul,
vice-consul, or consular agent or by any officer in the foreign
service of the Philippines stationed in the foreign country in
which the record is kept, and authenticated by the seal of his or
her office.
A document that is accompanied by a certificate or its
equivalent may be presented in evidence without further proof,
the certificate or its equivalent being prima facie evidence of
the due execution and genuineness of the document involved.
The certificate shall not be required when a treaty or convention
between a foreign country and the Philippines has abolished the
requirement, or has exempted the document itself from this
formality. (24a)
How should attestation be made by a person who
has custody of the public document?
Sec. 25. What attestation of copy must state. - Whenever a
copy of a document or record is attested for the purpose
of evidence, the attestation must state, in substance, that
the copy is a correct copy of the original, or a specific part
thereof, as the case may be. The attestation must be
under the official seal of the attesting officer, if there be
any, or if he or she be the clerk of a court having a seal,
under the seal of such court. (Rule 132).
How may a public record of private document
be proved?
Sec. 27. Public record of a private document. — An
authorized public record of a private document may
be proved by the original record, or by a copy
thereof, attested by the legal custodian of the record,
with an appropriate certificate that such officer has
the custody. (Rule 132).
How do you prove lack of record of public
document?
Sec. 28. Proof of lack of record. - A written statement
signed by an officer having the custody of an official
record or by his or her deputy that, after diligent
search, no record or entry of a specified tenor is found
to exist in the records of his or her office,
accompanied by a certificate as above provided, is
admissible as evidence that the records of his or her
office contain no such record or entry. (Rule 132).
How do you impeach judicial record?
Sec. 29. How judicial record impeached. - Any judicial
record may be impeached by evidence of:
(a) want of jurisdiction in the court or judicial
officer;
(b) collusion between the parties; or
(c) fraud in the party offering the record, in respect
to the proceedings. (Rule 132).
What is the evidentiary value of notarized
document?
Sec. 30. Proof of notarial documents. - Every
instrument duly acknowledged or proved and
certified as provided by law, may be presented
in evidence without further proof, the
certificate of acknowledgment being prima facie
evidence of the execution of the instrument or
document involved. (Rule 132).
How should the offeror address the alteration in
the document being offered?
The party producing a document as genuine which has been
altered and appears to have been altered after its execution,
in a part material to the question in dispute, must account for
the alteration. He or she may show that the alteration was
made by another, without his or her concurrence, or was
made with the consent of the parties affected by it, or was
otherwise properly or innocently made, or that the alteration
did not change the meaning or language of the instrument.
(Section 31, Rule 132).
Please take NOTE:
1. Qualification of a Witness
Who is qualified to become a witness?
All persons who can perceive, and perceiving, can
make known their perception to others, may be
witnesses.
Religious or political belief, interest in the outcome of
the case, or conviction of a crime, unless otherwise
provided by law, shall not be a ground for
disqualification. (Section 21, Rule 130)
What should be testified to by a witness?
A witness can testify only to those facts
which he or she knows of his or her
personal knowledge; that is, which are
derived from his or her own perception.
(Section 22, Rule 130)
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of witness
OLD RULE 2019 AMENDMENT
Sec. 21. Disqualification by reason of mental
incapacity or immaturity. — The following
persons cannot be witnesses:
(a) Those whose mental condition, at the time of This section was deleted under the 2019
their production for examination, is such that Amendments
they are incapable of intelligently making known
their perception to others;
(b) Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
relating them truthfully.
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of witness
Section 21 was deleted because of the implementation of the Rule on Examination of child witness.
It can be gleaned from the old rule that with respect to a child the presumption is that he or she is
disqualified to testify. The same is true with respect to those whose mental capacity is incapable of
intelligently making known their perception to others.
Under the RECW, every child is presumed qualified to be a witness. However, the court shall conduct
a competency examination of a child, motu proprio or on motion of a party, when it finds that
substantial doubt exists regarding the ability of the child to perceive, remember, communicate,
distinguish truth from falsehood, or appreciate the duty to tell the truth in court (Sec. 5, RECW).
A "child witness" is any person who at the time of giving testimony is below the age of eighteen (18)
years. In child abuse cases, a child includes one over eighteen (18) years but is found by the court as
unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition (Sec.4(a), RECW).
Disqualification by Reason of Marriage
Sec. 23. Disqualification by reason of marriage. –
During their marriage, the husband or the wife
cannot testify against the other without the consent
of the affected spouse, except in a 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 (Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of witness
SECTION 23; Disqualification by reason of marriage
Yes.
Alvarez vs. Ramirez, 473 SCRA
72.
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of witness
OLD RULE 2019 AMENDMENT
Section 23. Disqualification by reason of death or
insanity of adverse party. — Parties or assignor of
parties to a case, or persons in whose behalf a
case is prosecuted, against an executor or This was deleted already
administrator or other representative of a
deceased person, or against a person of unsound The “DEAD MAN STATUTE” is dead.
mind, upon a claim or demand against the estate
of such deceased person or against such person It is now allowed as an exception to the hearsay
of unsound mind, cannot testify as to any matter rule under Section 39, Rule 130.
of fact occurring before the death of such
deceased person or before such person became
of unsound mind.
Disqualification by Reason of Privilege Communication
1. Husband and Wife
Other persons
assisting the attorney
What are matters covered by the privilege?
1. A minister
2. Priest
3. Person reasonably believed to be so
(Section 24(d), Rule 130).
What mattes are considered privilege?
Sec. 24. Disqualification by reason of privileged Sec. 24. Disqualification by reason of privileged
communications. – The following persons cannot testify as
communication. — The following persons cannot to matters learned in confidence in the following cases:
testify as to matters learned in confidence in the
following cases: xxx
(e) A public officer cannot be examined during or after his
xxx or her tenure as to communications made to him or her in
official confidence, when the court finds that the public
(e) A public officer cannot be examined during his interest would suffer by the disclosure.
term of office or afterwards, as to
communications made to him in official The communication shall remain privileged, even in the
confidence, when the court finds that the public hands of a third person who may have obtained the
information, provided that the original parties to the
interest would suffer by the disclosure. (21a) communication took reasonable precaution to protect its
confidentiality. (24a)
TESTIMONIAL EVIDENCE
2. Testimonial Privilege
RULE 130
Rules of Admissibility
Section 5; Parental and filial privilege
Admission of a party. —
The act, declaration or
omission of a party as to
a relevant fact may be
given in evidence against
him or her.
Please take NOTE:
The res inter alios acta rule provides that the rights of a party cannot
be prejudiced by an act, declaration, or omission of another.
Consequently, an extrajudicial confession is binding only upon the
confessant and is not admissible against his co-accused. The reason
for the rule is that, on a principle of good faith and mutual
convenience, a man's own acts are binding upon himself, and are
evidence against him. So are his conduct and declarations. Yet it would
not only be rightly inconvenient, but also manifestly unjust, that a man
should be bound by the acts of mere unauthorized strangers; and if a
party ought not to be bound by the acts of strangers, neither ought
their acts or conduct be used as evidence against him.
RULE 130
Section 31
OLD RULE 2019 AMENDMENT
Section 30. Admission by conspirator. Section 31. Admission by Conspirator.
— The act or declaration of a — The act or declaration of a
conspirator relating to the conspiracy conspirator in furtherance of the
and during its existence, may be given conspiracy and during its existence may
in evidence against the coconspirator be given in evidence against the co-
after the conspiracy is shown by conspirator after the conspiracy is
evidence other than such act of shown by evidence other than such act
declaration. of declaration.
Admission by privies
be •
•
•
Knowledge,
Identity
Plan
receive •
•
System
Scheme
d to •
•
•
Habit
Custom
Usage, and the like.
prove:
Example of previous conduct as evidence
A confession voluntarily executed in another case by an accused,
containing detailed recitals which could not have been fabricated,
where he admitted that before he was arrested in the case at bar, he
became obsessed with another child whom he raped (thereby
revealing that he has paedophiliac tendencies because he prefers
young girls as sexual objects, a sexual deviation or perversion
belonging to the category of paedophilia erotica), may be admitted
as an evidence of similar conduct on the part of the accused which
lends credibility to the declaration of the 9-year old victim in the case
at bar that she was sexually abused by the accused (People vs. De
Jesus, GR L-38309, October 3, 1978).
TESTIMONIAL EVIDENCE
5. Hearsay
RULE 130: Rules of Admissibility
C. Testimonial evidence
5. Hearsay
Section 37; Hearsay.
OLD RULES 2019 AMENDMENT
Section 37. Hearsay. — Hearsay is a statement other than
Section 36. Testimony generally confined to one made by the declarant while testifying at a trial or
personal knowledge; hearsay excluded. — A hearing, offered to prove the truth of the facts asserted
witness can testify only to those facts which he therein. A statement is (1) an oral or written assertion or (2)
knows of his personal knowledge; that is, which a non-verbal conduct of a person, if it is intended by him or
her as an assertion. Hearsay evidence is inadmissible except
are derived from his own perception, except as as otherwise provided in these Rule. A statement is not
otherwise provided in these rules. hearsay if the declarant testifies at the trial or hearing and is
subject to cross-examination concerning the statement, and
the statement is (a) inconsistent with the declarant's
testimony, and was given under oath subject to the penalty
of perjury at a trial hearing, or other proceeding, or in a
deposition; (b) consistent with the declarant's testimony
and is offered to rebut an express or implied charge against
the declarant of recent fabrication or improper influence or
motive; or (c) one of identification of a person made after
perceiving him or her.
What is hearsay?
Hearsay is a statement other than one made by the declarant while testifying at a
trial or hearing, offered to prove the truth of the facts asserted therein. A statement
is (1) an oral or written assertion or (2) a non-verbal conduct of a person, if it is
intended by him or her as an assertion. Hearsay evidence is inadmissible except as
otherwise provided in these Rule.
A statement is not hearsay if the declarant testifies at the trial or hearing and is
subject to cross-examination concerning the statement, and the statement is (a)
inconsistent with the declarant's testimony, and was given under oath subject to
the penalty of perjury at a trial hearing, or other proceeding, or in a deposition; (b)
consistent with the declarant's testimony and is offered to rebut an express or
implied charge against the declarant of recent fabrication or improper influence or
motive; or (c) one of identification of a person made after perceiving him or her
(Section 37, Rule 130).
Let us dissect the definition of hearsay.
1. Hearsay is a statement other than one made by the
declarant while testifying at a trial or hearing, offered to
prove the truth of the facts asserted therein.
2. A statement is (1) an oral or written assertion or (2) a
non-verbal conduct of a person, if it is intended by him or
her as an assertion.
3. Hearsay evidence is inadmissible except as otherwise
provided in these Rule.
Elements of Hearsay
6. Exceptions to Hearsay
Exception to Hearsay
1. Dying declarations (Sec. 38, Rule 130) 8. Record of regularly conducted business
activity (Sec. 45, Rule 130)
2. Statement of decedents or persons of
unsound mind (Section 39, Rule 130) 9. Entries in the official records (Sec. 46,
Rule 130)
3. Declaration against interest (Sec. 40,
Rule 130) 10. Commercial Lists and the like (Sec. 47,
Rule 130)
4. Act or declaration about pedigree (Sec.
41, Rule 130) 11. Learned treatise (Sec. 48, Rule 130)
5. Family reputation or tradition regarding 12. Testimony or deposition at the former
pedigree (Sec. 42, Rule 130) proceeding (Sec. 49, Rule 130)
6. Common reputation (Sec. 43, Rule 130) 13. Residual exception (Sec. 50, Rule 130)
7. Part of res gestae (Sec. 44, Rule 130)
Dying Declaration
Section 38. Dying declaration. The declaration
of a dying person, made under the
consciousness of an impending death, may be
received in any case wherein his or her death is
the subject of inquiry, as evidence of the cause
and surrounding circumstances of such death
(Rule 130).
Elements
1. The declaration concerns the cause and the surrounding
circumstances of the declarant’s impending death.
2. It is made when the death appears to be imminent and the
declarant is under a consciousness of an impending death.
3. The declarant would have competent to testify had he or
she survived.
4. The dying declaration is offered in case in which the subject
of inquiry involves the declarant death. (People vs. Gatarin,
April 7, 2014)
Is dying declaration confined to criminal cases
only?
Sec. 31 of the former rule.
The declaration of a dying person, made under the consciousness of an
impending death, may be received in a criminal case wherein his death is the
subject of inquiry, as evidence of the cause and surrounding circumstances of
such death.
Section 38, Rule 130
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.
Is dying declaration admissible to prove the
innocence of the accused?
YES
U.S. vs. Antipolo, 37
SCRA 726
Spontaneous statements
Verbal acts
Elements of Res Gestae (Spontaneous
statement)
1. There is a startling occurrence.
2. A statement was made while the event is taking place, or immediately prior or
subsequent thereto.
3. The statement was made before the declarant had time to contrive or devise
falsehood.
7. Opinion Rule
What is the general rule on opinion
of witness?
Section 51. General rule.—The opinion of
a witness is not admissible, except as
indicated in the following sections (Rule
130).
What opinion may be admitted as
evidence?
Section 52. Opinion of expert witness. The
opinion of a witness on a matter requiring
special knowledge, skill, experience, training
or education, which he or she is shown to
possess, may be received in evidence (Rule
130).
RULE 133: Weight and Sufficiency of Evidence
Section 5; Weight to be given to expert witness, how determined .
Under the old Rule, Judges do not have standards of how to give weight to
the opinion of an expert witness.
Judges can consider the following:
(a) Whether the opinion is based upon sufficient facts or data;
(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods reliably to
the facts of the case; and
(d) Such other factors as the court may deem helpful to make such
determination.
RULE 133: Weight and Sufficiency of Evidence
Section 5; Weight to be given to expert witness, how determined .
No comparable provision under the old rule. (a) Whether the opinion is based upon sufficient facts or
data;
(b) Whether it is the product of reliable principles and
methods;
(c) Whether the witness has applied the principles and
methods reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful to
make such determination
May the opinion of be admitted as
evidence?
Section 53. Opinion of ordinary witnesses. - The opinion of a witness, for
which proper basis is given, may be received in evidence regarding –
(a) The identity of a person about whom he or she has adequate
knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently
acquainted.
The witness may also testify on his or her impressions of the emotion,
behavior, condition or appearance of a person. (Rule 130).
TESTIMONIAL EVIDENCE
8. Character Evidence
When is evidence of person’s
character or trait of character not
admissible?
Evidence of a person's character or a trait
of character is not admissible for the
purpose of proving action in conformity
therewith on a particular occasion
(Section 54, Rule 130).
When is evidence of person’s character or trait
of character admissible in criminal cases?
1) The character of the offended party may be proved if it tends to
establish in any reasonable degree the probability or improbability
of the offense charged.
2) The accused may prove his or her good moral character,
pertinent to the moral trait involved in the offense charged.
However, the prosecution may not prove his or her bad moral
character unless on rebuttal. (Section 54(a), Rule 130).
3) Evidence of the good character of a witness is not admissible
until such character has been impeached (Section 54[c]).
When is evidence of person’s character or
trait of character admissible in civil cases?
1) Evidence of the moral character of a party in a civil
case is admissible only when pertinent to the issue of
character involved in the case.
By contradictory evidence
Section 15. Exclusion and separation of Section 15. Exclusion and Separation of Witnesses. – The
court, motu proprio, or upon motion, shall order
witnesses. — On any trial or hearing, the judge witnesses excluded so that they cannot hear the
may exclude from the court any witness not at testimony of other witnesses. This rule does not
the time under examination, so that he may not authorize exclusion of (a) a party who is a natural
hear the testimony of other witnesses. The judge person, (b) a duly designated representative of a
may also cause witnesses to be kept separate and juridical entity which is a party to the case, (c) a person
to be prevented from conversing with one whose presence is essential to the presentation of the
another until all shall have been examined. party’s cause, or (d) a person authorized by a statute to
be present.
The court may also cause witnesses to be kept separate
and to be prevented from conversing with one another,
directly or through intermediaries, until all shall have
been examined.
When may a witness be allowed to refer
to memorandum?
Section 16. When Witness May Refer to Memorandum. — A witness may be
allowed to refresh his or her memory respecting a fact, by anything written or
recorded by himself or herself, or under his or her direction at the time when the
fact occurred, or immediately thereafter, or at any other time when the fact was
fresh in his or her memory and he or she knew that the same was correctly written
or recorded; but in such case the writing or record must be produced and may be
inspected by the adverse party, who may, if he or she chooses, cross examine the
witness upon it, and may read it in evidence.
A witness may also testify from such writing or record, though he or she retains no
recollection of the particular facts, if he or she is able to swear that the writing or
record correctly stated the transaction when made; but such evidence must be
received with caution. (Sec. 16, Rule 130).
OFFER AND OBJECTION
Offer of Evidence and Trial Objections
RULE:
SECTION 34. Offer of evidence. — The
court shall consider no evidence which has
not been formally offered. The purpose for
which the evidence is offered must be
specified.
May evidence not formally offered
be considered?
YES
If the evidence was duly identified by the testimony
duly recorded.
The same must have been incorporated in the records
of the case.
(People vs. Mate, 103 SCRA 484; Medina vs. People,
June 17, 2015)
Please take note: