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of fact. Relevant evidence – evidence which has a relation to the fact in issue as to induce belief in its existence or non-existence; evidence which tends in any reasonable degree to establish the probability or improbability of the fact in issue. Material evidence – evidence which is directed to prove a fact in issue as determined by the rules of substantive law and pleadings; evidence of such quality of substantial importance to the particular issue, apart from its relevance The terms ―relevant‖ and ―material‖ are practically the same. They are used interchangeably by the SC. Competent evidence – evidence which is not excluded by the law or by the Rules of Court Direct evidence – evidence which proves a fact in dispute without the aid of any inference or presumption Circumstantial evidence – proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence Expert evidence – testimony of a witness regarding a question of science, art or trade, when he is skilled therein Prima facie evidence – evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence Conclusive evidence – evidence which is incontrovertible and which the law does not allow to be contradicted Cumulative evidence – evidence of the same kind and character as that already given and tends to prove the same proposition Corroborative evidence – evidence of a different kind and character tending to prove the same point Best evidence – evidence which affords the greatest certainty of the fact in question Secondary evidence – evidence which is necessarily inferior to primary/best evidence and shows on its fact that better evidence exists Factum probans – the evidentiary fact by which the factum probandum is to be established; material evidencing the proposition, existent, and offered for the consideration of the tribunal Factum probandum – the ultimate fact sought to be established; proposition to be established, hypothetical, and that which one party affirms and the other denies
Proposition to be established
Material evidencing the proposition
Conceived of as hypothetical; that which one Conceived of for practical purposes as existent, party affirms and the other denies and is offered as such for the consideration of the court
Judicial notice. the admiralty and maritime courts of the world and their seals. that which is addressed directly to the senses of the court without the intervention of a witness Rebuttal evidence – evidence which is given to explain. of the existence and territorial extent of states. forms of government and symbols of nationality. on any matter – allow the parties to be heard thereon . the laws of nature. RULE 129 – WHAT NEED NOT BE PROVED Judicial notice.A court may take judicial notice of matters which are of public knowledge.A court shall take judicial notice. the political constitution and history of the Philippines. when discretionary. counteract or disprove facts given in evidence by the adverse party Positive evidence – when a witness affirms that a fact did or did not occur Negative evidence – when a witness states that he did not see or know the occurrence of a fact Admissibility of evidence Weight of evidence Pertains to the ability of the evidence to be allowed Pertains to the effect of evidence admitted and accepted subject to its relevancy and competence Substantive essence or characteristic feature of The probative value of evidence which the evidence as would make it worthy of consideration court may give to admit after complying with by the court before its admission the rules of relevancy and competency Proof Evidence Effect and result of evidence End Result Medium of proof Means to the end Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. when mandatory. or ought to be known to judges because of their judicial functions.Collateral facts – matters other than facts in issue and which are offered as a basis merely for inference as to the existence or non-existence of the facts in issue Real evidence – evidence furnished by the things themselves. or are capable of unquestionable demonstration. and the geographical divisions. . repel. the measure of time. except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. without the introduction of evidence. executive and judicial departments of the Philippines. . their political history. or view or inspection as distinguished from a description by them of a witness. the official acts of the legislative. When court takes judicial notice 1. the law of nations. Evidence on collateral matters shall not be allowed. During trial.
numbers. on request of a party takes judicial notice of any matter. or omission of a party as to a relevant fact (Rule 130 §26) implied admission of guilt in an offer of compromise by the accused in criminal cases. and 4. 4. 2. 3. 5. when offered in evidence (Rule 10 §8) act. the genuineness and due execution of an actionable document copied or attached to a pleading. Documents as evidence consist of writings or any material containing letters. the court 1. or cannot be produced in court. without bad faith on the part of the offeror. it may be exhibited to. figures. 2. During the trial. 3. motu propio. when the other party fails to specifically deny it (Rule 8 §11) admissions in superseded pleadings. the original is a public record in the custody of a public officer or is recorded in a public office . words. admission by silence (Rule 130 §32) RULES OF ADMISSIBILITY (RULE 130) Objects as evidence are those addressed to the senses of the court. except quasi-offenses and those allowed by law to be compromised (Rule 130 §27) 6. the court can take judicial notice of any matter during the trial as long as there is a hearing. material allegations in the complaint. 3. Best Evidence Rule – When the subject of inquiry is the contents of a document.2. When an object is relevant to the fact in issue. has been lost or destroyed. If trial is already over. 2. consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole. on request of a party announces its intention to take judicial notice of any matter After trial 1. the court can take judicial notice only of matters decisive of a material issue in the case as long as there is a hearing. is in the custody or under the control of the party against whom the evidence is offered. 3. examined or viewed by the court. symbols or other modes of written expressions offered as proof of their contents. Instances of Judicial admissions 1. no evidence shall be admissible other than the original document itself Exceptions: When the original 1. before judgment or on appeal motu propio. and before judgment or on appeal – any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case Hearing is necessary when 1. declaration. and the latter fails to produce it after reasonable notice. if such matter is decisive of a material issue in the case Hence. when the other party fails to specifically deny under oath (Rule 8 §8) 2. After trial. and 4.
if there be any. the original has been lost or destroyed. or a specific part thereof 2) under the official seal of the attesting officer. or testimony of witnesses the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole.Original documents 1. 2. Rule 132 §27: Public record of a private document – may be proved by . according to grounds 1. adverse party had reasonable notice to produce the original (Subpoena duces tecum) proof of the original’s existence adverse party fails to produce the original 1) 2) a) b) 1. 3. one being copied from another at or near the time of the transaction. proof of contents in the following order copy recital of its contents in some authentic document. or cannot be produced in court 1. 1) 2) a) b) 1. prove execution or existence prove cause of unavailability without bad faith of the offeror 3. 4. 2. one the contents of which are the subject of inquiry. under the seal of such court 1. proof of contents in the following order copy recital of its contents in some authentic document. all such copies are equally regarded as originals. or testimony of witnesses the original is in the custody or under the control of the adverse party 1. When an entry is repeated in the regular course of business. 2. Rule 132 §25: What attestation of copy must state the copy is a correct copy of the original. all the entries are likewise equally regarded as originals Requisites for admission of secondary evidence. or if he be the clerk of a court having a seal. 3. and 2. the original is a public record in the custody of a public officer or is recorded in a public office – contents may be proved by a certified copy issued by the public officer in custody thereof 1) 1. When a document is in two or more copies executed at or about the same time. with identical contents.
mistake or imperfection in the written agreement failure of the written agreement to express the true intent and agreement of the parties validity of the written agreement. evidence Parol Evidence Rule Best Evidence Rule No issue as to the contents of a writing Parol evidence is offered Presupposes that original is in court Issue is contents of a writing Secondary evidence is offered Applies when the original is not available Effect is can not add. 4. If the evidence sought to be admitted refers to matters other than the terms of the agreement (e. such evidence is admissible. or explain the Effect is can not present any evidence on the contents Invoked only if the controversy contents other than the original is between Invoked by anybody. or The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement If the ground is subsequently-agreed terms. 4. 3. Exceptions: a party may present evidence to modify. 2. not merely preponderance of.1) 2) a) b) the original record. Requisites for mistake as exception to PER 1. The rule applies only to the terms of an agreement. between the parties and their successors in interest. subtract. not of law alleged and put in issue in the pleadings proved by clear and convincing. whether a party to the . An intrinsic ambiguity. the subsequently-agreed terms must also be put in issue in the pleadings. PER applies only to the parties to the agreement. explain or add to the terms of the written agreement if he puts in issue in his pleading 1. no evidence of such terms other than the contents of the written agreement. 2. It does not apply where PER is invoked against a litigant who is a stranger to the agreement. 3. or by a copy thereof attested by the legal custodian of the record with an appropriate certificate that such officer has the custody Parol Evidence Rule: When the terms of an. agreement have been reduced to writing.g. statement of facts). it is considered as containing all the terms agreed upon and there can be. mutual between the parties of fact. then the PER does not apply.
With regards to the subject matter of the testimony. 23) 1. or the person of unsound mind is the defendant 3. without the consent of his client. . For a mentally defective person to be a witness. during or after the marriage. or with a view to. Objections based on absolute disqualifications may be raised upon the calling of the disqualified witness. [no counterclaim is filed] Privileged Communication (Sec. 5. administrator or representative of a deceased person. nor can an attorney’s secretary. is such that they are incapable of intelligently making known their perception to others. cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other. or his advice given thereon in the course of. 24) The husband or the wife. Marital Disqualification (Sec. or clerk be examined. A child must be mentally mature both at the time of perception and at the time of production. Objections based on relative disqualifications may be raised when it becomes apparent that the subject matter of the testimony covers inadmissible matters. we must make a distinction between absolute disqualifications and relative disqualifications. as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants. 22) Covers all matters regardless of source Marital Communications (Sec. An attorney cannot. even if he was not so at the time of perception. 24) Covers only those communicated by one spouse to another Applies during the marriage A spouse must be a litigant Invoked when a spouse is called to testify Applies during and after the marriage A spouse need not be a litigant Invoked when the testimony appears to cover privileged matters Requisites for dead man’s statute (Sec.parties to the agreement Applies only to agreements and wills instrument or not Applies to all kinds of writing The following persons cannot be witnesses: (a) Those whose mental condition. at the time of their production for examination. professional employment. be examined as to any communication made by the client to him. concerning any fact the knowledge of which has been acquired in such capacity. 2. upon claim or demand against the estate of such deceased person or against such person of unsound mind 4. without the consent of the client and his employer. stenographer. the witness sought to be disqualified is the plaintiff Executor. (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. he must be mentally capable at the time of production.
3. an offer to pay for damages to property is admissible in criminal cases. be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs. . quasi-offenses (criminal negligence) cases allowed by law to be compromised (e. Even if the exclusion was expressly applied to only criminal cases. that is. 2. In criminal cases. Testimonial Knowledge (Hearsay Rule – Sec. Ergo. without the consent of the person making the confession. 2. The exclusion in civil cases of offers to pay for expenses occasioned by an injury is merely a superfluity. surgery or obstetrics cannot in a civil case. Requisites for admission by silence 1. it is inadmissible under the following cases: 1. A public officer cannot be examined during his term of office or afterwards. be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity. 4. BIR can compromise tax cases) plea of guilty later withdrawn unaccepted offer to plead guilty to a lesser offense offer to pay or payment of expenses occasioned by an injury [the offer is made only to avoid the consequences of litigation] 7. 6. The bottomline is: an offer to pay for any expense in civil cases is inadmissible. 36) A witness can testify only to those facts which he knows of his personal knowledge. which information was necessary to enable him to act in that capacity. offers to pay for other expenses fall under the general rule that an offer to compromise in civil cases is not admissible. which are derived from his own perception. In civil cases.. the confession must be made with the assistance of a competent and independent counsel. an offer to pay for expenses occasioned by an injury is in the nature of an offer to compromise which is undoubtedly admissible in civil cases. except as otherwise provided in these rules. Note that the inadmissible offer to pay refers only to expenses occasioned by an injury. the general rule is an offer of compromise is admissible. It does not include offers to pay other expenses. without the consent of the patient. 2. The act or declaration is made in the presence and within the hearing or observation of a party The party does or says nothing The act or declaration naturally calls for action or comment if not true 4. the confession must be voluntary.g.A person authorized to practice medicine. as to communications made to him in official confidence. 3. and which would blacken the reputation of the patient. 4. Requisites for the admissibility of a confession 1. the confession must be in writing. However. A minister or priest cannot. 3. Further note that an offer to pay for expenses other than those occasioned by an injury is inadmissible in civil cases. an offer of compromise is inadmissible regardless of the cause of action. when the court finds that the public interest would suffer by the disclosure. Such action or comment is proper and possible on the part of the party. the confession must be express. 5. Though the 3rd paragraph of §27 excludes in civil cases offers to pay only for expenses occasioned by an injury.
6. may be received in evidence against himself or his successors in interest and against third persons. Entries in the course of business – Entries made at. or respecting marriage or moral character. engravings on rings. may be given in evidence. or unable to testify. if the fact asserted in the declaration was at the time it was made so far contrary to declarant’s own interest. Entries in family bibles or other family books or charts. or near the time of the transactions to which they refer. The word ―pedigree‖ includes relationship. may be received in evidence if the witness testifying thereon be also a member of the family. birth. 4. may be received in evidence where it occurred before the controversy. either by consanguinity or affinity. It embraces also facts of family history intimately connected with pedigree. 37-47) 1. or by a person in the performance of a duty specially enjoined by law. if such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty. and the names of the relatives. are prima facie evidence of the facts therein stated. Entries in official records – Entries in official records made in the performance of his duty by a public officer of the Philippines. Common reputation – Common reputation existing previous to the controversy. in respect to the pedigree of any one of its members. by a person deceased. 5. 2. So. respecting facts of public or general interest more than thirty years old. family portraits and the like. death. Declaration against interest – The declaration made by a person deceased. and giving it a legal significance. 8. and the relationship between the two persons is shown by evidence other than such act or declaration. as evidence of the cause and surrounding circumstances of such death. who was in a position to know the facts therein stated. may be received as part of the res gestae. . 3. Monuments and inscriptions in public places may be received as evidence of common reputation. 7. Parts of the res gestae – Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof. the dates when and the places where these facts occurred. family genealogy. also. may be received as evidence of pedigree. against the interest of the declarant. Act or declaration against pedigree – The act or declaration of a person deceased. statements accompanying an equivocal act material to the issue. may be received as prima facie evidence. Dying declaration – the declaration of a dying person. or unable to testify. may be given in evidence as part of the res gestae. Family reputation or tradition regarding pedigree – The reputation or tradition existing in a family previous to the controversy. marriage. that a reasonable man in his position would not have made the declaration unless he believed it to be true. in respect to the pedigree of another person related to him by birth or marriage. may be received in any case wherein his death is the subject of inquiry. made under the consciousness of an impending death.Exceptions to the Hearsay Rule (Secs. or unable to testify.
or other published compilation is admissible as tending to prove the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein. In rebuttal.9. experience or training which he is shown to possess. may be given in evidence against the adverse party who had the opportunity to cross-examine him. good character of an impeached witness BURDEN OF PROOF (RULE 131) Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law . given in a former case or proceeding. to persons engaged in an occupation contained in a list. skill. a handwriting with which he has sufficient familiarity the mental sanity of a person with whom he is sufficiently acquainted. Testimony or deposition at a former proceeding – The testimony or deposition of a witness deceased or unable to testify. 3. may be received in evidence. science or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice. 10. accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged. Commercial lists and the like – Evidence of statements of matters of interest. 3. 51) Exceptions 1. behavior. the identity of a person about whom he has adequate knowledge. periodical or pamphlet is recognized in his profession or calling as expert in the subject. Learned treatises – A published treatise. periodical or pamphlet on a subject of history. 5. 11. 4. 4. the prosecution may prove the bad moral character of the accused which is pertinent it to the moral trait involved in the offense charged. 2. In Criminal Cases: 1. 5. involving the same parties and subject matter. In Civil Cases – only when pertinent to the issue of character involved in the case. (Sec. or a witness expert in the subject testifies that the writer of the statement in the treatise. 2. a matter requiring special knowledge. condition or the appearance of a person GR: Character evidence not generally admissible (Sec. 48) Exceptions: Admissible opinion evidence 1. moral 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. law. judicial or administrative. register. GR: The opinion of a witness is not admissible. periodical. his impressions of the emotion.
and to act upon such belief. act. act or omission. party misled must have been unaware of the true facts. as against the lessor or bailor. the latter is precluded from asserting his legal title or interest therein.Instances of conclusive presumptions 1. 3. (d) That a person takes ordinary care of his concerns. in any litigation arising out of such declaration. a party has. (h) That an obligation delivered up to the debtor has been paid. 3. 1437 NCC) 5. Statutory instances of estoppel 1. he cannot. set up his own title to defeat the pledge of the property. intentionally and deliberately led another to believe a particular thing true. 1438 NCC) Disputable presumptions – The following presumptions are satisfactory if uncontradicted. one of them is misled by a person with respect to the ownership or real right over the real estate. if he received the sum for which a pledge has been constituted. fraudulent representation or wrongful concealment of facts known to the party estopped. cannot. agent who alienates can not claim title against the transferee (Art. 1435 NCC) a lessee or a bailee is estopped from asserting title to the thing leased or received. be permitted to falsify it: 2. provided all these requisites are present: 1. 1434 NCC) 2. 2. party precluded must intend that the other should act upon the facts as misrepresented. (b) That an unlawful act was done with an unlawful intent. . and party defrauded must have acted in accordance with the misrepresentation. (f) That money paid by one to another was due to the latter. 4. (Art. (e) That evidence willfully suppressed would be adverse if produced. or omission. in a contract between 3rd persons concerning immovable property. (Art. non-owner transferor who later acquires title passes ownership to the transferee by operation of law (Art. by his own declaration. but may be contradicted and overcome by other evidence: (a) That a person is innocent of crime or wrong. (g) That a thing delivered by one to another belonged to the latter. made by the other to a pledgee who received the same in good faith and for value. (Art. 1436 NCC) 4. (c) That a person intends the ordinary consequences of his voluntary act. The tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them. One who has allowed another to assume apparent ownership of personal property for the purpose of making any transfer of it.
he is considered dead for all purposes. or the delivery of anything. If he disappeared after the age of seventy-five years. (w) That after an absence of seven years. and has been missing for four years. are owned by him. . The following shall be considered dead for all purposes including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage.(i) That prior rents or installments had been paid when a receipt for the later ones is produced. it being unknown whether or not the absentee still lives. that things which a person possesses. whether in the Philippines or elsewhere. (m) That official duty has been regularly performed. or judge acting as such. has paid the money or delivered the thing accordingly. an absence of five years shall be sufficient in order that his succession may be opened. (q) That the ordinary course of business has been followed. (u) That a writing is truly dated. (3) A person who has been in danger of death under other circumstances and whose existence has not been known for four years. (r) That there was a sufficient consideration for a contract. or exercises acts of ownership over. except for those of succession. The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. (n) That a court. (p) That private transactions have been fair and regular. or an aircraft which is missing. (k) That a person in possession of an order on himself for the payment of the money. (v) That a letter duly directed and mailed was received in the regular course of the mail. (t) That an indorsement of a negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated. was acting in the lawful exercise of jurisdiction. and in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid before the arbitrators and passed upon by them. (1) That a person acting in a public office was regularly appointed or elected to it. (o) That all the matters within an issue raised in a case were laid before the court and passed upon by it. (2) A member of the armed forces who has taken part in armed hostilities. (s) That a negotiable instrument was given or indorsed for a sufficient consideration. (j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act. otherwise. who has not been heard of for four years since the loss of the vessel or aircraft.
such contributions and their corresponding shares including joint deposits of money and evidences of credit are equal. has been obtained by their joint efforts. these rides shall govern in the absence of proof to the contrary: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage. (y) That things have happened according to the ordinary course of nature and the ordinary habits of life. In case of disappearance. an absence of only two years shall be sufficient for the purpose of contracting a subsequent marriage. (2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage. property or industry. (cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each other and who have acquired property through their actual joint contribution of money. where there is danger of death under the circumstances hereinabove provided. (ee) That a thing once proved to exist continues as long as is usual with things of that nature. purporting to contain reports of cases adjudged in tribunals of the country where the book is published. even though it be born within the three hundred days after the termination of the former marriage. (dd) That if the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage. in any case. work or industry. provided it be born within three hundred days after the termination of the former marriage. (hh) That a printed or published book. (ff) That the law has been obeyed. . without prejudice to the effect of reappearance of the absent spouse. contains correct reports of such cases. (bb) That property acquired by a man and a woman who are capacitated to marry each other and who live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. (z) That persons acting as copartners have entered into a contract of copartnership. the spouse present must institute a summary proceeding as provided in the Family Code and in the rules for a declaration of presumptive death of the absentee. (aa) That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage. before marrying again. (gg) That a printed or published book. However. the spouse present may contract a subsequent marriage if he or she has a well-founded belief that the absent spouse is already dead. was so printed or published.(4) If a married person has been absent for four consecutive years. purporting to be printed or published by public authority. (x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact.
cross examination. PRESENTATION OF EVIDENCE (RULE 132) The order in which an individual witness may be examined is as follows: 1. he may be re-examined by the party calling him. or the reverse. If both were above the age of sixty. If both be over fifteen and under sixty. as between two or more persons who are called to succeed each other. and it is not shown who died first. Leading questions – a question which suggests to the witness the answer which the examining party desires GR: Leading questions not allowed. On re-direct examination. in the absence of proof. the younger is deemed to have survived. and the sex be different. 3. they shall be considered to have died at the same time. to explain or supplement his answers given during the cross-examination. when two persons perish in the same calamity. such as wreck. and the other between those ages. whoever alleges the death of one prior to the other. If both were under the age of fifteen years. the witness may be cross-examined by the adverse party as to any matters stated in the direct examination. 2. as to which of them died first. or connected therewith. the survivorship is determined from the probabilities resulting from the strength and age of the sexes. Cross-examination by the opponent – Upon the termination of the direct examination. 2. shall prove the same. Direct examination by the proponent – the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. If one is under fifteen and the other above sixty. and there are no particular circumstances from which it can be inferred. may be allowed by the court in its discretion. 5. (kk) That if there is a doubt. the adverse party may re-cross-examine the witness on matters stated in his re-direct examination.(ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest. battle. 4. 4. or conflagration. the latter is deemed to have survived. Exceptions 1. the former is deemed to have survived. questions on matters not dealt with during the crossexamination. and to elicit all important facts bearing upon the issue. . 3. the older is deemed to have survived. the older. the male is deemed to have survived. and also on such other matters as may be allowed by the court in its discretion. Re-direct examination by the proponent – After the cross-examination of the witness has been concluded. Re-cross-examination by the opponent – Upon the conclusion of the re-direct examination. with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias. if the sex be the same. (jj) That except for purposes of succession. according to the following rules: 1. If one be under fifteen or over sixty.
or a child of tender years. or a deaf-mute. In any case. adverse interest unjustified reluctance to testify. director. unwilling or hostile witness. by contradictory evidence. GR: The party producing a witness is not allowed to impeach his credibility. except that it may be shown by the examination of the witness. ignorant. 2. 3. Sec. the grounds for the objections must be specified. or managing agent of a public or private corporation or of a partnership or association which is an adverse party. 2. hostile. 6. 3. by evidence that his general reputation for truth. Objection to evidence offered orally must be made immediately after the offer is made.2. Misleading question – one which assumes as true a fact not yet testified to by the witness. or contrary to that which he has previously stated. or feeble mind. . director. 4. except by evidence of bad character may also be impeached by the opponent may be cross-examined by the opponent. or integrity is bad. Impeachment of adverse party’s witness. but not by evidence of particular wrongful acts. difficulty in getting direct and intelligible answers from a witness who is 1. or a witness who is an adverse party or an officer. that he has been convicted of an offense. proponent may ask leading questions Sec. An offer of evidence in writing shall be objected to within three (3) days after notice of the offer unless a different period is allowed by the court. may be impeached by the proponent. or by evidence that he has made at other times statements inconsistent with his present testimony. – A witness may be impeached by the party against whom he was called. or adverse witness 1. or 3. No exceptions. misled the party into calling him to the witness stand. 2. or managing agent of a public or private corporation or of a partnership or association which is an adverse party. Exceptions: When party may impeach his own witness (except evidence of bad character) 1. Grounds for declaring a witness unwilling or hostile 1. Consequences of being an unwilling. 36. 3. Misleading questions are never allowed. Preliminary matters. 2. 11. an unwilling or hostile witness. 5. or the record of the judgment. Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent. or witness is an adverse party or an officer. only on the subject matter of his direct examination 4. honesty.
269 SCRA 211 (1997) The court shall consider no evidence. Mere identification and marking is not equivalent to a formal offer of the evidence. the court may consider 1. under oath. copied in or attached to the corresponding pleading as provided in the preceding section. even an extra-judicial confession. How to contest such documents. misleading. 195 SCRA 567 (1991) Where the genuineness and due execution of documents of an instrument attached to a complaint are deemed admitted by failure to specifically deny it under oath. 186 SCRA 385 (1990) Objection to documentary evidence must be made at the time it is formally offered (i. Franco. and sets forth what he claims to be the facts. all the facts and circumstances of the case the witnesses’ manner of testifying their intelligence their means and opportunity of knowing the facts to which they are testifying the nature of the facts to which they testify the probability or improbability of their testimony their interest or want of interest their personal credibility so far as the same may legitimately appear upon the trial. Proof beyond reasonable doubt does not mean such a degree of proof as. 8. parol evidence rule. specifically denies them. while the formal offer of documentary evidence is done only when the party rests its case. 4. the accused is entitled to an acquittal.e. the party having the burden of proof must establish his case by a preponderance of evidence. A party may decide to not offer evidence already identified and marked. 3. number of witnesses. Identification of documentary evidence is done in the course of the trial and is accompanied by the marking of the evidence as an exhibit. CA. Mere fact that evidence has been identified and marked in the course of the examination of a witness. irrelevant. argumentative. 6. Interpacific Transit. In a criminal case. identification of the evidence) is premature. Philippine Bank of Commerce v. 227 SCRA 668 (1993) Objection to testimony on the ground of lack of a formal offer of the testimony should be done when the witness was called to testify. In determining where the preponderance or superior weight of evidence on the issues involved lies.g. without the contents being recited in his testimony. 5. Java. v. — When an action or defense is founded upon a written instrument. WEIGHT AND SUFFICIENCY OF EVIDENCE (RULE 133) In civil cases. 9. Sec. A cause of action on the ground of reformation of instrument must be proven by clear and convincing evidence. though the preponderance is not necessarily with the greater number. . unless his guilt is shown beyond reasonable doubt. does not mean that it has been formally offered as evidence. best evidence rule. but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused. 2. leading. the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party. When objection should be made People v. 7.Grounds for objection – Hearsay. 8. incompetent. Rule 8. such instruments are considered as evidence although they were not formally offered. question has no basis When evidence considered offered People v. Objection prior to that time (e. which has not been formally offered. excluding possibility of error. Inc. Aviles. when the party rests its case) as an exhibit and not before.
when the accused interposes self-defense or defense of stranger. Remedial Law Reviewer. Civil Procedure (A Restatement for the Bar) Riano. Moral certainty only is required. In cases filed before administrative or quasi-judicial bodies. it does not need to be proved. or whether the shooting was intentional or accidental. Regalado. Francisco. 4.produces absolute certainty. Exceptions: 1. Evidence (A Restatement for the Bar). 5. . 2. 2. 3. Agpalo. Compendium of Remedial Law. the specific nature of the crime committed. the motive of the accused is immaterial in a criminal case. Evidence. a fact may be deemed established if it is supported by substantial evidence Substantial evidence – that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion Generally. Evidence. not being an essential element of the crime. —.O —Reference: 1. when it is necessary to determine the sanity of the accused or the voluntariness of the act. 3. Riano. Albano. when there is no eyewitness and the suspicion is likely to fall on a considerable number of persons. A defense of self-defense must be proven by clear and convincing evidence. or that degree of proof which produces conviction in an unprejudiced mind. 4. hence. when there is doubt as to whether the accused is or is not the person who committed the offense.
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