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Factum probandum – ultimate fact or the fact sought to be established Factum probans – evidentiary fact or the fact by which the factum probandum is to be established Object (Real) That which is directly addressed to the senses of the court and consists of tangible things exhibited or demonstrated in open court, in an ocular inspection, or at a place designated by the court for its view or observation of an exhibition, experiment or demonstration Evidence supplied by written instruments or derived from conventional symbols, such as letter, by which ideas are represented on material substances That which is submitted to the court through the testimony or deposition of a witness Evidence having any value in reason as tending to prove any matter provable in an action Relevancy – logical relation of evidentiary fact to fact in issue Evidence directed to prove a fact in issue One that is not excluded by law in particular case That which proves the fact in dispute without the aid of any inference or presumption The proof of the facts other than the fact in issue from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence Evidence of the same kind and to the same state of facts Additional evidence of a different character to the same point for higher probative value That which standing alone, unexplained or uncontradicted is sufficient to maintain a proposition Class of evidence which the law does not allow to be contradicted That which the law regards as affording greatest certainty of the fact in question That which is inferior to the primary evidence and is permitted by law only when the best evidence is not available The witness affirms that a fact did or did not occur The witness states that he did not see or know of the occurrence of a fact
Classification of evidence
Testimonial b. c. d. Relevant
Material Competent Direct Circumstantial
Prima facie Conclusive
Primary or Best Secondary or Substitutionary
RULE 129 WHAT NEED NOT BE PROVED 1. What do not need to be proved: a. b. c. d. e. Matters of judicial notice Judicial admissions Facts presumed Allegations in complaint or answer which are immaterial to the issue Facts admitted or not denied in the answer, provided they have been sufficiently alleged
f. Those which are the subject of an agreed stipulation of facts between the parties, as well as judicial admissions made in the course of the proceedings g. 2. 3. Technical admission – when defendant fails to specifically deny the allegations of plaintiff Doctrine of processual presumption – absent any evidence or admission, the foreign law in question is presumed to be the same as that in the Philippines Mandatory judicial notice [SLAPTONG]
a. States – existence, territory, political history, government, symbols of nationality
made by a party in course of the proceedings in the same case May only be contradicted by showing that: a. Measure of time h. A stipulation made during a criminal proceeding is tantamount to a judicial admission and need not be signed as required by R118. Custom must be proved as a matter of fact. (If only the fact of execution/existence/surrounding circumstances only is involved. c. General Rule: When the subject of an inquiry is the contents of a document. Relevant to fact in evidence b. Admissibility of object evidence a. RULE 130 RULES OF ADMISSIBILITY 1. Geographical division 4. A court cannot take judicial notice of an admission made by a party in another case even if the latter case is pending before the same sala or judge. Ought to be known by judges because of their judicial functions 5.b. Pardon is granted by the Chief Executive and as such is a private act which must be pleaded and proved by the person pardoned. With knowledge or upon request of the parties. and d. Matters capable of unquestionable demonstration c. Philippine – political constitution and history e. Law of nations c. Production of documents under this rule and Under Rule 27 (modes of discovery). and is permitted only upon good cause shown (mode of discovery) Contemplates situation wherein document is either assumed to be favorable to the party in possession thereof OR that the party seeking its production is not sufficiently informed of the contents of the same BEST EVIDENCE RULE 1. When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the only fact sought to be established is the general result of the whole. 2. Original is lost or destroyed. Official acts Court cannot take judicial notice of a law or regulation that is not yet effective Decisions of SC are proper subjects of mandatory judicial notice f. §4 to be binding on the accused. except: a. Verbal or written. b. or cannot be produced in court without bad faith on the part of the offeror. b. Made through palpable mistake. Judicial Admissions: Admissions made in a pleading later amended: lose their status as judicial admissions. secondary evidence thereof being available in case of its non-production RULE 27 Production is by proper motion in the trial court. Rule does not apply) Exceptions to Best Evidence Rule: a. In the absence of objection. Laws of nature g. Newspaper reports not subject to judicial notice Courts cannot take judicial notice of custom. When the original is a public record in the custody of a public officer or is recorded in a public office. become merely extra-judicial admissions which must be offered. and the latter fails to produce it after reasonable notice. . Discretionary judicial notice a. or No such admission was made. and requirements for such notice must be complied with as a condition precedent for the subsequent evidence by the proponent Presupposes that the document to be produced is intended as evidence for the proponent who is presumed to have knowledge of its contents. distinguished RULE 130 Production is procured by mere notice to adverse party. Object must be authenticated before it is admitted 2. no evidence shall be admissible other than the original document itself. Admiralty and maritime courts and seals d. Matters which are of public knowledge Common and general knowledge Indisputable b. b. When the original is in the custody of the party against whom the evidence is offered.
OR Existence of other terms agreed upon subsequent to the execution of the NOTE: Parol = evidence aliunde whether oral or written which tends to deny or contradict documented agreement. A “Receipt” or a “Deed” is not an exclusive memorial and facts contained therein may be shown irrespective of the terms of the document. c. a. with One being copied from another. AND With identical contents i. no evidence of such terms other than the contents of the written agreement Exceptions to the Parol Evidence Rule: when a party puts in issue in his pleadings: [FIVE] 2. If entry is Repeated in regular course of business. c. iii. Then all entries are originals If original is unavailable: Order of proof (but can be changed at court’s discretion): a. Reasonable notice to opponent to produce the original Satisfactory proof of its existence Failure or refusal of opponent to produce original in court By opponent’s failure to produce the document on demand. written agreement Intrinsic ambiguity. BEST EVIDENCE RULE The original writing is not available and/or there is a dispute as to whether said writing is the original Prohibits the introduction of substitutionary evidence in lieu of the original documents. mistake or imperfection in the written agreement Failure of the written agreement to express the true intent of the parties. Opponent’s possession of original b. At or near the time of the transaction. it is considered as containing all the terms agreed upon. If in 2 or more copies executed: ii. Validity of the written agreement. 4. c. b. The person before whom its execution was acknowledged Any person who was present and saw it executed. d. Testimony of witnesses 6. ii. d. all copies must be accounted for before secondary evidence may be received. Meaning of “original” document a. iii. Any person to whom the parties to the instrument had previously confessed the execution thereof If there are several original copies. A recital of its contents in an authentic document c. and there can be. The one the contents of which are the subject of an inquiry b. iv. Proof of Contents of Lost Original or Original in custody/control of adverse party (Secondary Evidence) – in order stated: a. and recognized the signature. Distinction must be made between “statements of fact” expressed in an instrument and the “terms” of the contractual act. The former may be varied by parol evidence. he is now forbidden to produce the document in order to contradict the other party’s copy/evidence of its contents PAROL EVIDENCE RULE 1. regardless of whether or not it varies the contents of the original Parol Evidence Rule and Best Evidence Rule Distinguished PAROL EVIDENCE RULE Presupposes that the original document is available in court Prohibits the varying of the terms of a written agreement . Person who executed it. Then all copies are originals c. d. Existence b. General Rule: When the terms of an agreement have been reduced into writing. Execution: Established by i. What must be proven if original in possession of adverse party a. At or about the same time. ii. between the parties and their successors in interest. iii. Loss or Destruction Contents 5. 3.3. A copy b.
where the husband made it appear that the wife gave her consent to the sale of a conjugal house (considered as a crime committed against the wife) If husband-accused defends himself by imputing the crime to the wife. or b. Persons Disqualified from becoming witnesses due to mental incapacity or immaturity: a. iv. at the time of their production for examination. A mental retardate is not. Requisites for Application of Dead Man’s Statute [PACO] a. 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. applies only to documents which are contractual in nature (written agreements) Can be involved only when the controversy is between the parties to the written agreements. b. The testimony refers to any matter of Fact occurring before the death of such deceased person. or against such person of unsound mind. Thus. Counterclaim by defendant (plaintiff may testify in his defense) Deceased contracted with plaintiff thru an agent of the deceased/insane (in the contract which is the subject of the action) who is still alive and can testify (but the testimony is limited to the acts performed by the agent) If adverse party is called as a witness by the representative of the deceased/incompetent or if representative introduced evidence as to the transactions or communications with the deceased/incompetent To cadastral proceedings. d. or before such person became of unsound mind. e. Marital privilege Attorney-client Doctor-patient Priest-Penitent Public Officer’s Privilege Valid marital relation must have existed Requisites for Marital Privilege b. MARITAL DISQUALIFICATION RULE 1. d. Privilege is claimed with respect to a communication made by one spouse to another during the marriage. their privies or any party affected thereby (does not apply to complete strangers) Applies to all kinds of writings Can be invoked by any party to an action. c. Communication was made in confidence MARITAL PRIVILEGE Can be claimed whether or not the spouse is a party to the action 3. Kinds of Privileged Communications: a. DEAD MAN’S STATUTE 1. ii. The subject matter of the action is a Claim or demand against the estate of such deceased person. the officers and stockholders may testify. Marital disqualification and marital privilege distinguished MARITAL DISQUALIFICATION Can be invoked only if one of the spouses is a part to the action . b. or against a person of unsound mind. Those whose mental condition. Heirs of deceased person are considered “representatives” of a deceased person. Dead Man Statute not applicable to a corporation’s officers and stockholders in a suit instituted by the corporation. The witness is a Party or assignor of a party to a case. regardless of whether such party participated in the writing involved QUALIFICATION OF WITNESSES 1. disqualified from being a witness. c. he is deemed to have waived all objections to the wife’s testimony against him. or of a person on whose behalf a case is prosecuted. 2. Not covered by the Rule: i. The action is Against an executor. Marital Disqualification Wife may testify against the husband in a criminal case for falsification. iii. is such that they are incapable of intelligently making known their perceptions to others. for this reason alone.With the exception of wills. administrator or other representative of a deceased person. a. PRIVILEGED COMMUNICATIONS: 1. where there is no defendant or plaintiff c.
Right to invoke belongs to the spouse making the communication Can be claimed even after the marriage has been dissolved Applies only to confidential communications between spouses made during the marriage There is an attorney-client relationship There is a communication made by the client to the attorney Such communication was made in the course of. iii. b. editor. The confession must be confidential and penitent in character Communication made to a public officer in official confidence Public interest would suffer by the disclosure Requisites for Priest-Penitent Privilege 7. are admissible against a party Must be express Can be made only by the party himself. e. c. and in certain cases. Actions brought by client against his attorney Communications made in presence of third persons Communications regarding an intended crime General Rule: Lawyer may not invoke the privilege and refuse to divulge the name of his client Exception: i. Admission and Confession distinguished CONFESSION Involves acknowledgment of guilt or liability ADMISSION Statement of fact which does not involve an acknowledgment of guilt or liability May be express or tacit May be made by third persons. Requisites for Physician-Patient privilege [CRANB] a. If there is a probability that the revealing the client’s name would implicate the client to the activity for which he sought the lawyer’s advice. b. The action is a Civil case The Relation of physician-patient existed The information was Acquired by the physician while attending to the patient in his professional capacity The information was Necessary for the performance of his professional duty The disclosure of the information would tend to Blacken the character of the patient A patient’s husband is not prohibited from testifying on a report prepared by his wife’s psychiatrist since he is not the treating physician (although it would be hearsay) A physician is not prohibited from giving expert testimony in response to a strictly hypothetical question in a lawsuit involving the physical or mental condition of a patient he has treated professionally. requires consent of both employer and the client to testify as to matters learned in their professional capacity Exceptions: i. d. Confession was made or advice given by the priest in his professional character in the course of the discipline enjoined by the church to which the priest or minister belongs. 8. ii. or with a view to. b. and in some cases. professional employment Extends to attorney’s secretary. are admissible against his co-accused NOTE: If a justification is alleged. 5. Right against self-incrimination applies to the re-enactment of the crime by the accused .Right to invoke belongs to the spouse who is a party to the action Applies only if the marriage is existing at the time the testimony is offered Constitutes a total prohibition against any testimony for or against the spouse of the witness (with certain exceptions) 4. 6. such as when the attorney is called to witness the preparation of a document. but extends to all information communicated by the client to the attorney by other means. columnist or duly accredited reporter cannot be compelled to disclose the source of news report or information appearing in the publication which is related in confidence. c. Requisites for Public Officer’s Privilege a. it is merely an admission. ii. stenographer or clerk. “Newsman’s privilege” – a publisher. ADMISSIONS AND CONFESSIONS 1. b. iii. Where the identity is intended to be confidential Privilege not confined to verbal or written communications. The disclosure would open the client to civil liability. a. the disclosure of which is not demanded by the security of the state. Attorney-Client Privilege a.
joint interest 8. a. Compromises Civil Cases: not admission of liability Criminal Cases: implied admission of guilt. Admission by Co-conspirator Requisites apply only to extrajudicial acts or statements. agency or joint interest is established by evidence other than the act or Act or declaration is within the scope of the partnership. Adverse to the admitter's interest. Requisites for admissibility of an admission a. or while holding title to property in relation to such Sec. otherwise. etc. self-serving and inadmissible as hearsay 3. consent or acquiescence of the accused is tantamount to an offer to compromise by the accused. Res inter alios acta alteri nocero non debet a. The party heard and understood the statement He was at liberty to interpose a denial Requisites for Admission by Silence (Adaptive Admissions) c. b. declaration or omission of another EXCEPTIONS: where the third person is a partner. then the offer is inadmissible. the rights of a party cannot be prejudiced by an act. 9. Except: quasi-offenses or those allowed by law to be compromised. Categorical and definite c. Knowingly and voluntarily made d. habit. c. Such confession is not admissible as an Admission by co-conspirator because it was made after the conspiracy had ended and after the commission of the crime. or when made to avoid risks of criminal actions against him. joint debtor or has a joint interest with the party.2. Involves a matter of fact. b. identity. naturally. Admission by a Co-Partner or Agent a. and calling. Second branch 7. conspiracy. Conspiracy is shown by evidence other than the act or declaration Admission was made during existence of the conspiracy Admission relates to the conspiracy itself An extra-judicial confession of an accused is not admissible in evidence against his co-accused when the latter had not been given the opportunity to hear him testify and cross-examine him. or usage Partnership. joint owner. e. 34. Facts were within his knowledge Facts admitted or inference to be drawn from his silence is material to the issue If private complainant in a rape case fails to rebut testimonies of defense witnesses that she and accused were sweethearts and that they had previous sexual encounters. or is a co-conspirator or a privy of the party. system. If the purpose of the offer is to buy peace and avoid litigation. b. First branch Section 20. Statement was with respect to some matter affecting his rights or in which he was then interested. declaration b. c. A plea of forgiveness made with the knowledge. scheme. 5. agency or 6. evidence that one did or did not do a certain thing at one time not admissible to prove that he did or did not do the same/similar thing at another time Exceptions: [KISSHICUP] it may be received to prove a specific intent or knowledge. during the existence of the partnership. Also. she is deemed to have impliedly admitted the truth of the facts asserted by said witnesses. offer to pay expenses occasioned by injury not admissible as proof of civil or criminal liability for the injury. not of law b. agent. plan. custom. Admissions by Privies . Admissions and Declarations against self-interest distinguished DECLARATION AGAINST INTEREST Must have been made against the proprietary or pecuniary interest of the parties Must have been made by a person who is either deceased or unable to testify Must have been made ante litem motam ADMISSIONS Need not be. though will greatly enhance probative weight if made against the interest of the declarant Made by the party himself and is a primary evidence and competent though he be present in court and ready to testify Can be made at any time 4. agency or joint interest Act or declaration must have been made during the existence of the partnership. as established by evidence other than such act or declaration. and not to testimony during trial a. for an answer d.
Entries in official records i. Declarant dead or unable to testify b. d. iv. Declaration against interest c. Requisites of Declaration Against Interest a. Relationship between declarant and person whose pedigree is in question showed by evidence other than the declaration Requisites of Family Reputation/Tradition regarding Pedigree a. Opinion of a witness a. Common reputation f. b. or consanguinity Reputation or tradition exists in family of person whose pedigree is in question Reputation or tradition existed previous to the controversy Witness testifying thereon is a surviving member of that family. Court takes judicial notice. v. Dying declaration – ante mortem or in articulo mortis b. or Testified to by an expert k. ii. j. Testimony or deposition at a former proceeding Newspaper clippings are hearsay and have no evidentiary value unless substantiated by persons with personal knowledge of the facts. not to prove the truth of the facts stated therein. but only to prove that such statements were actually made or such writings were executed. Declaration was against his own interest Reasonable man in declarant’s position would not have made the declaration unless he believed it to be true Declarations by accused against his interest are inadmissible if done in violation of his constitutional rights a. by either affinity . 5. Exceptions to hearsay rule a. Commercial lists and the like Learned treatises i. property c. they are relevant since they are the facts in issue or are circumstantial evidence of the facts in issue Not covered by the hearsay rule Example: The statements or writings attributed to a person who is not on the witness stand are being offered. b. Ordinary i. Identity of person about whom he has adequate knowledge Handwriting. such evidence is still not admissible to contradict the terms of the written instrument 10. if with sufficient familiarity Mental sanity. Family reputation or traditions regarding pedigree e.” Exception contemplates that the declarant is dead. Expert – special knowledge. if sufficiently acquainted Impressions on emotion. Doctrine of independently relevant statements Independent of whether the facts stated are true. 2. b.a. skill experience or training b. behavior. or to prove the tenor thereof. Entries in course of business h. condition or appearance which he has observed Ordinary matters common to all men of common perception HEARSAY RULE 1. while holding title to the Admission is in relation to said property HOWEVER. iii. Act or declaration against pedigree d. c. 4. ii. mentally incompetent or physically incapacitated 3. Declarant dead or unable to testify Declarant is related to the person whose pedigree is in question Made ante litem motam Requisites of Act or Declaration about Pedigree c. Must be a relation of privity between the party and the declarant Admission was made while declarant as predecessor in interest. Mere absence from jurisdiction does not make declarant “unable to testify. Res gestae g. c.
the requisite that the reputation must be ancient does NOT apply Requisites of Dying Declarations a. iv. iii. is an ante litem motam declaration of family reputation. c. as he learned of these from his parents or relatives. v. 8. Entrant is deceased or unable to testify b. ii. . 7. Declaration was made under consciousness of impending death Declaration was freely and voluntarily made Declarant’s testimony. even absent the testimony of the officiating priest or official recorder 11. b. would have been competent (eg: dying declaration would not be admissible if it consisted of hearsay. if the reputation concerns marriage or moral character. victim) Statement may precede. Declaration must concern cause and surrounding circumstances of declarant’s death Cannot be admitted to establish fact of robbery. a. Entries made at or near the time of the transaction to which they relate c. Requisites of Entries in official records a. strictly limited to criminal prosecutions for homicide/murder as evidence of the cause and surrounding circumstances of the death b. Requisites of Entries in the course of business a. ii. or that of a third person (e. There is a startling occurrence Statement must relate to the circumstances of the occurrence Statement is unconscious and unpremeditated Time that elapsed between occurrence and the making of the statement Place where statement was made Condition of the declarant when he made the statement Presence or absence of intervening occurrences between the occurrence and the statement Nature and circumstances of the statement itself Res gestae Factors to be considered in determining spontaneity of statement: Verbal acts: Requisites: i. iii. Reputation must have been formed among a class of persons who were in a position to have some sources of information and to contribute intelligently to the formation of the opinion d. Facts to which the reputation refers are of public or general interest Reputation is ancient (or more than 30 years old) Requisites of Common Reputation c. Entrant must have been in a position to know the facts therein stated Heirs of Conti vs. accompany or be made after the homicidal act was committed Justified by the spontaneity of the statement 10. iv. Entry was made in the performance of entrant’s duty c. Entries made by entrant in his professional capacity or in the performance of a duty d. A person’s statement as to the date of his birth and age. RES GESTAE Res gestae or principal act must be equivocal Act material to issue Statements must accompany equivocal act Statements must give legal significance to equivocal act DYING DECLARATIONS Can be made only by the victim Made only after the homicidal attack has been committed Trustworthiness is based upon its being given under awareness of impending death Res gestae and Dying Declarations distinguished Statement of the killer himself after or during the killing. Entries were made in the ordinary or regular course of business e.baptismal certificates are admissible as entries in the ordinary course of business. or of the declarant’s opinion) 2 kinds/classes: a. Entrant must have been in a position to know the facts therein stated Baptismal certificates or parochial records are not public or official records and are not proof of relationship or filiation of the child baptized. Spontaneous statements. 6.g. Requisites: i. Entry was made by public officer of the Philippines or by a person especially enjoined by law to make such entry b. i. if alive. iii.. CA . 9. Reputation must exist ante litem motam HOWEVER. ii. d. b.
2000. his hearsay testimony shall be admitted only if corroborated by other admissible evidence. Requisites of Testimony or Deposition in former proceeding a. It shall consider the following factors: Whether there is a motive to lie The general character of the declarant child Whether more than one person heard the statement Whether the statement was spontaneous The timing of the statement and the relationship between the declarant child and witness. must have acted pursuant to a specific legal duty (specially enjoined by law) there is no such requirement for admissibility 13. When the child witness is unavailable. or in the regular course of business or duty The person who made such entries must be dead or unable to testify ENTRIES IN OFFICIAL RECORDS entrant is a public officer in performance of duty. judicial or administrative c. ii. contractual. or his privy. c. iv. was a party to the former case or proceeding. lack of memory. Modes of Extra-judicial Identification of Accused Identification will be admissible if it passes the totality of circumstances test which considers the following factors: i. v. i. the court shall consider the time. iii. Entries in the course of business and Entries in official records distinguished ENTRIES IN THE COURSE OF BUSINESS Sufficient that entrant made the entries pursuant to a duty either legal. The SC approved an additional exception to the hearsay rule in its A. ii. ii. d. v. iii. may be admitted in evidence in any criminal or non-criminal proceeding subject to the following rules: a. or if a private individual. 00-4-07-SC approving the Proposed Rule on Examination of a Child Witness. moral or religious. In ruling on the admissibility of such hearsay statement. * Presumptions of law The resolution came out last November 21. Show-ups – where accused alone is brought face-to-face with the witness for identification Mug shots – where photographs are shown to the witness for identification Line-ups – where a witness identifies the suspect from a group of persons lined up for the purpose 14. i. d. Before such statement may be admitted. The witness’ opportunity to view the criminal at the time of the crime Witness’ degree of attention at that time Accuracy of any prior description by the witness The level of certainty demonstrated by the witness at the identification Length of time between the crime and identification vi. viii. iv. The child witness shall be considered unavailable in the following situations: Is deceased. The fact of such circumstance must be proved by the proponent. its proponent shall make known to the adverse party the intention to offer such statement and its particulars to allow him an opportunity to object. .12. vii. Suggestiveness of the identification procedure 15. mental illness or will be exposed to severe psychological injury. Witness whose testimony is offered is dead or unable to testify b. If the child is available iii. ii. 2000. The court shall require the child to be present at the presentation of the hearsay statement for cross-examination by the adverse party. Party against whom the evidence is offered. Cross-examination could not show the lack of knowledge of the declarant child. c.M. vi. If the child is unavailable b. The possibility of faulty recollection of the declarant child. b.* A statement made by a child describing any act or attempted act of child abuse NOT otherwise admissible under the hearsay rule. Is absent from the hearing and the proponent of his statement has been unable to procure his attendance by process or other reasonable means. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS 1. Testimony or deposition relates to the same subject matter Adverse party had opportunity to cross-examine Testimony given during preliminary investigation where the defense had the opportunity to cross-examine the unavailable witness is admissible in the criminal case a. content and circumstances thereof which provide sufficient indicia of reliability. suffers from physical infirmity. The rule took effect last December 15. no. The circumstances surrounding the statement are such that there is no reason to suppose the declarant child misrepresented the involvement of the accused.
it was held that although the prosecution has the burden of proving a negative averment which is an essential element of the crime (i. it is on the party who would be defeated if no evidence is given on either side. honesty. the burden is on the prosecution to prove that the accused had no license to possess the same. Not voluntarily offered but required by law (e. A discretion is vested in the tribunal as to drawing the inference b. a negative fact must be proven if it is an essential element of the crime. Presumptions of fact a. Derived wholly and directly from the circs of the particular case by means of the common experience of mankind 3.e. Macagaling – in a charge of illegal possession of firearms. Contradictory evidence from testimony in same case b. depending on exigencies of the case Determined by developments at trial or by provisions of law (presumptions. 3. will not be evidence of the fact assumed by the improper question. NOTE: One who voluntarily offers a witness’ testimony is bound by such (i. judicial notice. Evidence of bias. of adverse party iii. the lack of license was held to have been established by the circumstances that the sale of the drug was consummated not in a drug store or hospital. Unwilling or hostile witness e.e.. On preliminary matters c. Evidence of bad character/general reputation for truth.a. Impeaching witness of adverse party a. admissions) Burden of evidence In criminal cases. A certain inference must be made whenever the facts appear which furnish the basis of the inference c. Difficulty in getting direct and intelligible answers d. Witnesses required by law (e. prejudice or incompetence 5. Burden of proof 4. in criminal cases. Adverse party or an officer. Onus probandi Obligation imposed upon a party who alleges the existence of facts necessary for the prosecution of his action or defense to establish the same by the requisite presentation of evidence In civil cases. remains on party upon whom it is imposed Determined by pleadings filed by party Lies with party asserting affirmative allegations Shifts during trial. lack of license to sell). the prosecution has the burden of proof. the prosecution. Reduced to fix rules and form a part of the system of jurisprudence 2.g. In this case. or disputable or rebuttable b. Prohibits use of the witness' compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness Where the statute grants only use immunity. People vs. Impeaching own witness General Rule: Party not allowed to impeach own witness Exceptions: a. May be conclusive or absolute. merely testifying and/or producing evidence does not render the witness immune from prosecution despite his invocation of the right against self-incrimination Grants immunity to the witness from prosecution for an offense to which his compelled testimony related Transactional immunity When leading questions allowed a. in view of the difficulty of proving a negative allegation. subscribing witnesses to a will) 4. Hostile witness Adverse party or rep. Unwilling or adverse witness so declared by the court Witness who is also an adverse party c. Evidence of prior inconsistent statement c. and that it was made at 10:00 PM. On cross b. need only establish a prima facie case from the best evidence obtainable. Does not shift.g. cannot impeach or contradict). Manalo – in a charge for selling regulated drugs without authority. subscribing witnesses to a will) . interest. b. integrity d. though not objected to. except: i. People vs. RULE 132 PRESENTATION OF EVIDENCE 1. ii. director or a corporation or partnership which is an adverse party A misleading question. Use immunity 2..
his direct examination cannot be expunged a. a copy of which the proponent is offering as evidence b. proved or certified d. 3. Handwriting: evidence of genuineness a. Exception: If there was repeated reference thereto in the course of the trial by adverse party’s counsel and of the court. More than 30 years old Contains no alterations or circumstances of suspicion Produced from a custody in which it would naturally be found if genuine b. BUT he may withdraw an offer of an exhibit any time before the court has passed on its admissibility. Napta) a. Memorandum has been written by him or under his direction. When to object . Familiar with handwriting and witness can give opinion c.g. Comparison of questioned handwriting and admitted genuine specimens d. and Written by him: i. the opposing party must OBJECT to its introduction. Public document or record c. iii. OFFER Offered orally Question propounded in the course of the oral examination of a witness Offer of evidence in writing TIME TO OBJECT Made immediately after the offer is made Shall be made as soon as the grounds thereof shall become reasonably apparent Shall be objected to within 3 days after notice of the offer unless a different period is allowed by the court. ii. The document must have been duly identified by testimony duly recorded. Ancient document i. Notarial document acknowledged. Expert evidence OFFER AND OBJECTION 1. 2. Two requisites must concur (People vs. But he his able to swear that the record or writing correctly stated the Requisites of revival of present memory Revival of present memory and Revival of past recollection distinguished PAST RECOLLECTION RECORDED Applies where the witness does not recall the facts involved Entitled to lesser weight Additional modes of authenticating a private writing 10. failure to deny under oath) Computer printouts are inadmissible unless properly authenticated by a witness attesting that they came from the computer system or that the data stored in the system were not and could not have been tampered with before the same were printed out. Witness actually saw person writing the instrument b. May be impeached in all respects as if called by other party. actionable documents. A party who has introduced evidence is not entitled as matter of right to withdraw it in finding that it does not answer his purpose. When the fact occurred or immediately thereafter. Thus. At any other time when the fact was fresh in his memory and he knew that the same was correctly recorded 7. or ii. b. transaction when made 8. a. EXCEPT by evidence of bad moral character 6. Authentication not required: a. The court shall consider no evidence which has not been formally offered. b. Rule of authentication by the adverse party Witness retains no recollection of the particular facts. 11. 4. indicating that the documents were part of the prosecution’s evidence. b. Requisites of Revival of Past Recollection a. The purpose for which the evidence is offered must be specified. PRESENT RECOLLECTION REVIVED Applies if the witness remembers the facts regarding his entries Entitled to greater weight 9. The document must have been incorporated to the records of the case. Doctrine of self-authentication Where the facts in the writing could only have been known by the writer Where reply of the adverse party refers to and affirms the sending and his receipt of the letter in question.. When a witness who is partly cross-examined dies. Authenticity and due execution has been expressly or impliedly admitted (e. Evidence offered is presumed to be admissible or competent until the contrary has been established.
A requirement under law that information is in writing is satisfied if the information is in the form of an electronic data message or electronic document. A requirement under law for a person to provide information to another person in a specified nonelectronic form is satisfied by the provision of the information in an electronic data message or electronic document if the information is provided in the same or substantially the same form. subject to the provisions of the Act and these Rules: a. e. nothing in the Act or these Rules requires a person to use or accept information contained in electronic data messages.Information shall not be denied validity or enforceability solely on the ground that it is not contained in an electronic data message or electronic document but is merely incorporated by reference therein. When is a motion to strike out improper? a. b. More than one circumstance b. d. A requirement under law for a person to provide information in writing to another person is satisfied by the provision of the information in an electronic data message or electronic document. There must be an objection first before a motion to strike. or that degree of proof which produces conviction in an unprejudiced mind Circumstantial evidence to sustain conviction must: a. produces absolute certainty Moral certainty only is required. b. or electronic signatures. Incorporation by Reference. PERTINENT PROVISIONS OF THE IMPLEMENTING RULES OF THE E-COMMERCE ACT: CHAPTER II LEGAL RECOGNITION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS Section 7. f. When is a motion to strike out answer proper? a. 7. Use Not Mandatory. Can be authenticated so as to be usable for subsequent reference. If the party slept on his right to object. c. Writing. Combination of all circumstances such as to produce conviction beyond reasonable doubt 3. but a person's consent to do so may be inferred from the person's conduct. or for any information or document to be communicated by a specified method unless and until a functional equivalent shall have been developed.Information shall not be denied validity or enforceability solely on the ground that it is in the form of an electronic data message or electronic document.5. A party cannot insist that competent and relevant evidence be stricken out for reasons going to his weight. in that: . . . an electronic document or electronic data message will be sufficient if the latter: a. remedy is to tender the excluded evidence. c. Nothing limits the operation of any requirement under law for information to be posted or displayed in specified manner. . he cannot later on avail a motion to strike to exclude the evidence. Section 9. Proof beyond reasonable doubt 2.Without prejudice to the application of Section 27 of the Act and Section 37 of these Rules. Section 8. Section 10. Facts from which inferences are derived are proven c. Maintains its integrity and reliability. time or location. validity or enforceability as any other document or legal writing.Where the law requires a document to be in writing. or provides consequences in the event information is not presented or retained in its original form. Does not mean such degree of proof as. and implemented. d. 6. Substantial evidence That amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. When the witness answered the question before the counsel has a chance to object Where a question which is not objectionable may be followed by an objectionable unresponsive answer Where a witness has volunteered statements in such a way that the party has not been able to object thereto Where a witness testifies without a question being addressed to him Where a witness testifies beyond the ruling of the court prescribing the limits within which he may answer When a witness dies or becomes incapacitated to testify and the other party has not been given the opportunity to cross-examine the witness. of proposed testimony Documentary – by attaching the document or making it part of the record Testimonial – by stating the personal circumstances of witness and the substance RULE 133 WEIGHT AND SUFFICIENCY OF EVIDENCE 1. purporting to give rise to such legal effect. excluding possibility of error. . electronic documents. sufficiency or credibility One cannot move to strike it out because it proves unfavorable to him If court improperly excludes an otherwise admissible evidence. In particular. Electronic data messages or electronic documents shall have the legal effect. c. b. Legal Recognition of Electronic Data Messages and Electronic Documents. and b. installed. or obliges the parties to conform to a writing. also known as offer of proof: b.
device. and It is reliable in the light of the purpose for which it was generated and in the light of all relevant circumstances. An electronic signature relating to an electronic document or electronic data message shall be equivalent to the signature of a person on a written document if the signature: a. or that the appropriate methodology or security procedures. shall be authenticated. The electronic signature shall be authenticated by proof that a letter. Is proved by showing that a prescribed procedure. . and ii.Where the law requires that a document be presented or retained in its original form. substantiating and validating a claimed identity of a user. It is necessary for the party sought to be bound.No provision of the Act shall apply to vary any and all requirements of existing laws and relevant judicial pronouncements respecting formalities required in the execution of documents for their validity. or another entity in an information or communication system. by appropriate rules. Original. . The electronic signature is the signature of the person to whom it correlates. not alterable by the parties interested in the electronic document or electronic data message. Said method is reliable and appropriate for the purpose for which the electronic document or electronic data message was generated or communicated. Electronic Data Messages. It has remained complete and unaltered. including any relevant agreement. iii. the proof of the electronic signature shall give rise to the rebuttable presumption that: a. c. . The electronic signature was affixed by that person with the intention of signing or approving the electronic data message or electronic document unless the person relying on the electronically signed electronic data message or electronic document knows or has notice of defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances. and Electronic Signatures. There exists a reliable assurance as to the integrity of the electronic document or electronic data message from the time when it was first generated in its final form and such integrity is shown by evidence aliunde (that is. Section 11. and b. Legal Recognition of Electronic Signatures. ii. electronic documents. among other ways. the factors referred to in Annex “2” may be taken into account. LEGAL RECOGNITION OF ELECTRONIC SIGNATURES Section 13. existed under which: i. in the light of all circumstances. Presumption Relating to Electronic Signatures. number or other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic data message. when the law requires that a contract be in some form in order that it may be valid or enforceable. . and b. Hence. MODES OF AUTHENTICATION Section 15.In any proceeding involving an electronic signature. The criteria for assessing integrity shall be whether the information has remained complete and unaltered. For purposes of subparagraphs (i) and (ii) of paragraph (b). shall have so provided. in the following manner: a. or any change which arises in the normal course of communication. or that a contract is proved in a certain way. ii. Is an electronic signature as defined in Section 6(g) of these Rules. A method is used to identify the party sought to be bound and to indicate said party’s access to the electronic document or electronic data message necessary for his consent or approval through the electronic signature. when applicable. that requirement is met by an electronic document or electronic data message if – a. storage and display. that requirement is absolute and indispensable. iv.Electronic documents. electronic data messages and electronic signatures. evidence other than the electronic data message itself) or otherwise. The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same. The standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all relevant circumstances. were employed or adopted by a person and executed or adopted by such . and. apart from the addition of any endorsement and any change which arises in the normal course of communication.i. Section 12. electronic data messages and electronic signatures. electronic document. to have executed or provided the electronic signature. Section 14. Method of Authenticating Electronic Documents. apart from the addition of any endorsement and any authorized change. character. The parties may agree to adopt supplementary or alternative procedures provided that the requirements of paragraph (b) are complied with. The electronic document or electronic data message is capable of being displayed to the person to whom it is to be presented. v. Until the Supreme Court. shall be authenticated by demonstrating. An electronic data message or electronic document meeting and complying with the requirements of Sections 6 or 7 of the Act shall be the best evidence of the agreement and transaction contained therein. For the purposes of paragraph (a) above: i. and b. in order to proceed further with the transaction. Solemn Contracts. storage and display.
or b. b. content or storage of an electronic document or electronic data message from a specific point. . The requirement in any provision of law that certain documents be retained in their original form is satisfied by retaining them in the form of an electronic data message or electronic document which: i. encryptions. as well as the determination of the date and the time it was sent or received. Proof by Affidavit and Cross-Examination. and other relevant factors shall be given due regard. On the ground that it is not in the standard written form. paragraph 4. Burden of Authenticating Electronic Documents or Electronic Data Messages. identifying words or numbers. when applicable was adopted and employed for the purpose of verifying the originator of an electronic data message or electronic document. or similar security devices. .Notwithstanding any provision of law. Retention of Electronic Data Message and Electronic Document. RETENTION OF ELECTRONIC DATA MESSAGE AND ELECTRONIC DOCUMENT Section 20. By evidence that at all material times the information and communication system or other similar device was operating in a manner that did not affect the integrity of the electronic document or electronic data message. b. or detecting error or alteration in the communication. and sub-paragraph (c) of the Act. Is retained in the format in which it was generated. and Section 9 of the Act on the presumption of integrity of electronic signatures. and. which. person. . an electronic document or electronic data message shall be the functional equivalent of a written document under existing laws. Admissibility and Evidential Weight of Electronic Data Messages and Electronic Documents. iii. using algorithm or codes. Remains accessible so as to be usable for subsequent reference. MODES FOR ESTABLISHING INTEGRITY Section 17. By showing that the electronic document or electronic data message was recorded or stored by a party to the proceedings who is adverse in interest to the party using it. sent or received.The matters referred to in Section 12 of the Act on admissibility and evidentiary weight. and there are no other reasonable grounds to doubt the integrity of the information and communication system.The person seeking to introduce an electronic document or electronic data message in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what the person claims it to be. with the intention of authenticating or approving an electronic data message or electronic document. Where applicable. . rule or regulation to the contrary: a. Method of Establishing the Integrity of an Electronic Document or Electronic Data Message. or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated. Such right of cross-examination may likewise be enjoyed by a party to the proceedings who is adverse in interest to the party who has introduced the affidavit or has caused the affidavit to be introduced. sent or received. provided that the conditions set forth in subparagraphs (i).b. In the absence of evidence to the contrary. . The requirement referred to in paragraph (a) is satisfied by using the services of a third party. On the sole ground that it is in electronic form. In any legal proceeding.For evidentiary purposes. may be presumed to have been established by an affidavit given to the best of the deponent’s or affiant’s personal knowledge subject to the rights of parties in interest to cross-examine such deponent or affiant as a matter of right. except the rules relating to authentication and best evidence. stored or communicated. Any party to the proceedings has the right to cross-examine a person referred to in Section 11. Section 16. the reliability of the manner in which it was generated. By showing that the electronic document or electronic data message was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using the record. answers back or acknowledgement procedures. or c. ii. the reliability of the manner in which its originator was identified. Section 19. ADMISSIBILITY AND EVIDENTIAL WEIGHT Section 18. among other methods a. The electronic data message or electronic document shall be authenticated by proof that an appropriate security procedure. enables the identification of its originator and addressee. the integrity of the information and communication system in which an electronic data message or electronic document is recorded or stored may be established in any legal proceeding. In assessing the evidential weight of an electronic data message or electronic document. nothing in the application of the rules on evidence shall deny the admissibility of an electronic data message or electronic document in evidence: a. The Act does not modify any statutory rule relating to the admissibility of electronic data messages or electronic documents. (ii) and (iii) of paragraph (a) are met.
reliability of such documents and the proper implementation of Section 13 of the Act. . impose regulations to ensure the integrity. Relevant government agencies tasked with enforcing or implementing applicable laws relating to the retention of certain documents may. by appropriate issuances.c.
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