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UP 2009 Remedial Law (Evidence) PDF
UP 2009 Remedial Law (Evidence) PDF
Table of Contents
EVIDENCE
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EVIDENCE
Table of Contents
b. Co-conspirators
admission; [rule 130, sec.
30]
363
F. Electronic evidence
1. What evidence is covered by
the ree? (r2,s1; r11, ss1-2,
ree)
2. When and to what extent
admissible? (r3,s2, ree)
3. Evidentiary
weight
of
electronic evidence (r7, ss1-2)
4. The hearsay rule and the
business records exception
(r9, ss1-2)
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EVIDENCE
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Evidence
FACULTY-STUDENT EDITORIAL BOARD AND LECTURES COMMITTEE
Prof. Theodore O. Te
FACULTY EDITOR
ACADEMICS COMMITTEE
Samantha Poblacion
DIRECTOR FOR ACADEMICS
EDITOR-IN-CHIEF
REMEDIAL LAW
LECTURES
Edel Cruz
SUBJECT EDITOR
HEAD
EVIDENCE
-------Kae Guerrero
Glaisa Po
LEAD WRITER
--------
Rania Joya
Leo Zulueta
Chapter I:
General Provisions
A.
B.
C.
D.
E.
DEFINITION
SCOPE
CLASSIFICATION
ADMISSIBILITY V. RELEVANCY
COMPETENCE
A. Definition
B. Scope
C. Admissibility v. Relevancy
(Asked 3x)
ADMISSIBILITY Evidence that is both
relevant and competent. [Rule 128, Sec.
3]
RELEVANCY Evidence has such a
relation to the fact in issue as to induce
belief of its existence or non-existence.
[Rule 128, Sec. 4]
General rule: Evidence on collateral
matters (matters other than the fact
in issue and which are offered as a
basis for inference as to the
existence or non-existence of the
facts in issue) is NOT allowed.
Exception: When it tends in any
reasonable degree to establish the
im/probability of fact in issue.
MATERIALITY Evidence directed to
prove a fact in issue as determined by
the rules of substantive law and
pleading
D. Competence
EVIDENCE
Chapter II:
Which of the Facts
Do Not Need Proof
A. JUDICIAL NOTICE
B. JUDICIAL ADMISSIONS
A. Judicial Notice
(Asked 2x)
B. Judicial Admissions
9) Laws of nature;
10) Measure of time;
11) Geographical divisions.
EVIDENCE
Chapter III: Who Must Prove These Facts That Need to Be Proven?
Chapter III:
Who Must Prove These Facts
That Need to Be Proven?
A. BURDEN OF PROOF
B. PRESUMPTIONS
A. Burden of Proof
B. Presumptions
EVIDENCE
20)
21)
22)
23)
24)
25)
26)
27)
28)
An
indorsement
of
negotiable
instrument was made before the
instrument was overdue and at the
place where the instrument is dated;
A writing is truly dated;
Letter duly directed and mailed was
received in the regular course of the
mail;
Presumptions concerning absence:
Acquiescence resulted from a belief
that the thing acquiesced in was
conformable to the law/fact;
Things have happened according to
the ordinary course of nature and
ordinary nature habits of life;
Persons acting as copartners have
entered into a contract of copartnership;
A man and woman deporting
themselves as husband and wife
have entered into a lawful contract of
marriage;
Presumptions governing children of
women who contracted another
marriage within 300 days after
termination of her former marriage (in
the absence of proof to the contrary):
After
180
days
following
the
celebration
of
the
subsequent marriage
30)
31)
32)
33)
Presumption
Considered to have
been conceived during
the former marriage,
provided it be born
within 300 days after
the termination of the
former marriage
Considered to have
been conceived during
the
subsequent
marriage, even though
it be born within the
300 days after the
termination
of
the
former marriage.
34)
EVIDENCE
29)
Chapter III: Who Must Prove These Facts That Need to Be Proven?
A. WEIGHT
AND
SUFFICIENCY
OF
EVIDENCE
1. PREPONDERANCE OF EVIDENCE
(CIVIL CASES)
2. PROOF BEYOND REASONABLE DOUBT
(CRIMINAL CASES)
3. SUBSTANTIAL EVIDENCE
(ADMINISTRATIVE CASES)
B. QUANTUM OF EVIDENCE
1. CONFESSIONS
2. CIRCUMSTANTIAL EVIDENCE
3. INTERPRETATION OF DOCUMENTS
4. EVIDENCE ON MOTION
A. Weight
and
Evidence
Sufficiency
of
3. SUBSTANTIAL EVIDENCE
(ADMINISTRATIVE CASES) [Rule 133,
Sec. 5]
The amount of relevant evidence which
a reasonable mind might accept as
adequate to support a conclusion.
EVIDENCE
Chapter IV:
What Degree of Proof Is Needed?
B. Quantum of Evidence
1. CONFESSIONS [Rule 130, Sec. 33; Rule
115 (e); Art. 3, Sec. 17, Consti]
A categorical acknowledgment of guilt
made by an accused in a criminal case
without any exculpatory statement or
explanation.
If the accused admits having committed
the act in question but alleges a
justification therefore, the same is
merely an admission. [US v. Tolosa]
The operative act in determining
whether
the
right
against
selfincrimination has been violated is when
the police investigation is:
3. INTERPRETATION
OF
DOCUMENTS
[Rule 130]
Interpretation of a writing according to
the legal meaning it bears in the
place of execution, unless parties
intended otherwise.
Instrument construed so as to give
effect to all provisions.
Parties intention is to be pursued in
construction of instrument.
In
the
inconsistency
between
general and particular provision, the
latter prevails.
Particular intent controls general
one inconsistent with it.
The circumstances under which an
instrument was made, including the
situation of the subject thereof and of
the parties to it, may be shown, so that
the judge may be placed in the position
of those whose language he is to
interpret.
The terms of a writing are presumed to
have been used in their primary and
general acceptation, but evidence is
admissible to show that they have a
local/technical/peculiar signification
and were so used and understood in the
particular instance, in which case the
agreement
must
be
construed
accordingly.
When there is inconsistency between
written words and printed words, the
former controls over the latter.
Experts and interpreters to be used in
explaining writings that are difficult to
be deciphered, or where the language is
not understood by the court.
When the terms of an agreement have
been intended in a different sense by
the different parties to it, that sense is
to prevail against either party in which
he supposed the other understood it.
And when different constructions of
a provision are otherwise equally
proper, that is to be taken which is
the most favorable to the party in
whose favor the provision is made.
Construction in favor of natural right.
Interpretation according to usage to
determine instruments true character.
4. EVIDENCE ON MOTION [Rule 133, Sec. 7]
The Court may hear the matter on
affidavits or depositions presented by
the respective parties
but the court may direct that the matter
be heard wholly or partly on oral
testimony or depositions.
EVIDENCE
Chapter V:
What Available Evidence Is
Admissible to Prove These Facts?
F.
A. Testimonial
1. WHICH WITNESSES ARE SUBJECT TO
OBJECTION FOR COMPETENCE?
All persons who can perceive, and,
perceiving, can make their known
perception to others, may be witnesses.
Religious/political belief, interest in the
outcome of the case, or conviction of a
crime unless otherwise provided by law,
shall not be ground for disqualification.
[Rule 130, Sec. 20]
2. WHICH WITNESSES WILL TESTIFY ON
PRIVILEGED MATTERS AND TO WHAT
EXTENT DOES THE PRIVILEGE COVER?
(Asked 5x)
a. Disqualification by reason of mental
incapacity or immaturity [Rule 130, Sec.
21]
A mental retardate is not for this reason
alone disqualified from being a witness.
[People v. Salomon (1993)]
Every child is presumed qualified to be
a witness.
However, the court shall conduct a
competency examination of a child,
motu propio or on motion of a party,
when it finds that substantial doubt
exists regarding the ability of the child
to perceive, remember, communicate,
distinguish truth from falsehood, or
appreciate the duty to tell the truth in
court. [Sec. 6, AM 00-4-07-SC (Child
Witness Rule)]
EVIDENCE
A. TESTIMONIAL
1. WHICH WITNESSES ARE SUBJECT TO
OBJECTION FOR COMPETENCE?
2. WHICH WITNESSES WILL TESTIFY ON
PRIVILEGED MATTERS AND TO WHAT
EXTENT
DOES
THE
PRIVILEGE
COVER?
3. WHAT TESTIMONY IS SUBJECT TO A
CLAIM OF PRIVILEGE AND BY WHOM?
4. WHAT EVIDENCE IS HEARSAY AND
UPON WHAT PROPOSITION, IF IT IS
HEARSAY, CAN IT BE BROUGHT
WITHIN ANY EXCEPTION?
5. WHAT
TESTIMONY
INVOLVES
OPINIONS
AND
HOW
CAN
OBJECTIONS THERETO BE MET? )
A. DYING DECLARATION
B. DECLARATION AGAINST INTEREST
C. ACT OR DECLARATION ABOUT
PEDIGREE
D. FAMILY
REPUTATION
OR
TRADITION
REGARDING
PEDIGREE [RULE 130, SEC. 40]
E. COMMON REPUTATION [RULE 130,
SEC. 41]
F. PART OF RES GESTAE [RULE 130,
SEC. 42]
G. ENTRIES IN THE COURSE OF
BUSINESS [RULE 130, SEC. 43;
RULE 8, RULES ON ELECTRONIC
EVIDENCE (REE)]
H. ENTRIES IN OFFICIAL RECORDS
I. COMMERCIAL LIST AND THE LIKE
J. LEARNED TREATISES
K. TESTIMONY OR DEPOSITION AT A
FORMER PROCEEDING
6. WHEN IS CHARACTER EVIDENCE
ADMISSIBLE?
7. RECALLING A WITNESS TO THE STAND
(RECALLING WITNESSES
8. ADVERSE
PARTY
AS
WITNESS
(IMPEACHMENT OF ADVERSE PARTYS
WITNESS
9. EXCLUDING
WITNESSES
FROM
COURTROOM
(EXCLUSION
AND
SEPARATION OF WITNESSES
10. MAY PAROL EVIDENCE BE GIVEN?
B. DOCUMENTARY
1. WHAT
DOCUMENTS
REQUIRE
AUTHENTICATION AND BY WHOM?
A. PUBLIC DOCUMENTS [RULE 132,
SEC. 19])
B. PRIVATE DOCUMENTS
C. IMPEACHMENT OF JUDICIAL
RECORD
D. ALTERATIONS [RULE 132, SEC. 31]
E. SEAL [RULE 132, SEC. 32]
F. DOCUMENTS WRITTEN IN AN
UNOFFICIAL LANGUAGE [RULE
132, SEC. 33]
2. DO DOCUMENTS COMPLY WITH BEST
EVIDENCE RULE? [RULE 130, SEC. 3]
C.
D.
E.
A. BEST EVIDENCE
B. SECONDARY EVIDENCE
OBJECT
CIRCUMSTANTIAL EVIDENCE
EXTRAJUDICIAL ADMISSIONS
1. ADMISSION BY SILENCE
2. COMPROMISE
3. RES INTER ALIOS ACTA
4. EXCEPTIONS TO RES INTER ALIOS
ACTA
A. PARTNERS/AGENTS ADMISSION;
[RULE 130,
B. CO-CONSPIRATORS ADMISSION;
[RULE 130, SEC. 30]
ELECTRONIC EVIDENCE
1. WHAT EVIDENCE IS COVERED BY THE
REE? (R2,S1; R11, SS1-2, REE)
2. WHEN AND TO WHAT EXTENT
ADMISSIBLE? (R3,S2, REE)
3. EVIDENTIARY WEIGHT OF
ELECTRONIC EVIDENCE (R7, SS1-2)
4. THE HEARSAY RULE AND THE
BUSINESS RECORDS EXCEPTION (R9,
SS1-2)
EVIDENCE
EVIDENCE
EVIDENCE
undivided
reputation
although it need not be
unanimous. It is the definite
opinion of the community in
which the fact to be proved is
known or exists.
CHARACTER The inherent
qualities of a person.
REPUTATION - The opinion
of a person by others.
2) Monuments and inscriptions in
public places as evidence of
common reputation.
f.
EVIDENCE
course of business/duty.
If the entrant is available as a
witness, the entries will not be
admitted as an exception to the
hearsay
rule
but
they
may
nevertheless be availed of by said
entrant as a memorandum to
refresh his memory while testifying
on
the
transactions
reflected
therein. [Cang Yui v. Gardner]
i.
j.
Requisites:
b) Such statements are contained
in a list
c) The compilation is published for
use by persons engaged in that
occupation
d) It is generally used and relied
upon by them
Learned treatises
Requisites:
1) on
a
subject
of
history/law/science/art
2) court takes judicial notice of it
EVIDENCE
or
3) a witness expert in the subject
testifies that the writer of the
statement
in
the
treatise/periodical/pamphlet is
recognized
in
his
profession/calling as expert in
the subject.
8. ADVERSE
PARTY
AS
WITNESS
(IMPEACHMENT OF ADVERSE PARTYS
WITNESS [RULE 132, SEC. 11])
How done:
1) By contradictory evidence;
2) By evidence that his general
reputation for truth, honesty or
integrity is bad;
3) By evidence that he has made at
other times statements inconsistent
with his present testimony.
Evidence of particular wrongful acts is
not allowed except that it may be shown
by the examination of the witness, or
the record of the judgment, that he has
been convicted of an offense.
IMPEACHMENT OF OWN WITNESS
[Rule 132, Sec. 12]
General rule: The party producing a
witness is not allowed to impeach the
latters credibility.
Exception:
1) Unwilling or hostile witness.
Impeachment may be made by
the party presenting the hostile
or unwilling witness in all
respects as if he had been called
by the adverse party, except by
evidence of bad character.
He may also be impeached and
EVIDENCE
6.
FROM
AND
[RULE
Applies
only
to
documents contractual
in nature (Exception:
wills)
Can be invoked only
when the controversy
is between the parties
to
the
written
agreement, their privies
or any party directly
affected thereby
B. Documentary
1. WHAT
DOCUMENTS
REQUIRE
AUTHENTICATION AND BY WHOM?
a. PUBLIC DOCUMENTS [Rule 132, Sec.
19])
Public documents generally include
notarial documents and
are admissible in evidence without
the necessity of preliminary proof as
to
its
authenticity
and
due
execution. [Antillon v. Barcellon]
1) Written official acts of the
sovereign
authority,
official
Page 356 of 370
EVIDENCE
Translations
of
foreign
judgments must be made by an
official court interpreter of the
Philippines
or
foreign
governments or by a competent
and accurate translator. [Pacific
Asia Shipping v. NLRC, (1988)]
EVIDENCE
EVIDENCE
b. PRIVATE DOCUMENTS ;
How to prove if document is offered
as authentic [RULE 132, SEC. 20]
Its
due
execution
and
authenticity must be proved
either:
o By anyone who saw the
document executed/written;
o By
evidence
of
the
genuineness
of
the
signature/handwriting of the
maker.
Any other private document
need only be identified as that
which it is claimed to be.
AUTHENTIC DOCUMENT RULE
If all the following requisites
have been met, no other
evidence of its authenticity is
required: [Rule 132, Sec. 21]
o The private document is
more than 30 years old;
o It is produced from a custody
in which it would naturally
be found if genuine;
o It is unblemished by any
alterations or circumstances
of suspicion.
2.
DOCUMENTS
WRITTEN
IN
AN
UNOFFICIAL LANGUAGE [Rule 132,
Sec. 33]
These documents are not admissible
unless accompanied by a translation
into English or Filipino.
Parties or their attorneys are
directed to have the translation
prepared before trial.
DO DOCUMENTS COMPLY WITH BEST
EVIDENCE RULE? [Rule 130, Sec. 3]
b. Secondary Evidence
Original document is unavailable
(lost, destroyed or cannot be
produced in court);
The offeror, upon proof of its
execution/existence and cause
of its unavailability, without bad
faith on his part, may prove its
contents by (in order): [Rule 130,
Sec. 5]
1) A copy;
2) A recital of its contents in
some authentic document;
3) The testimony of witnesses.
Original document is in adverse
partys custody/control. [Rule 130,
Sec. 6]
If after reasonable notice is given
to the adverse party
to produce the document and
after satisfactory proof of the
existence of the document is
made, he fails to produce the
document,
secondary evidence may be
presented.
Original document is a public
record. [Rule 130, Sec. 7]
Its contents may be proved by a
certified copy issued by the
public officer in custody thereof.
The offeror of secondary evidence is
burdened to prove: [Lee v. People
(2004)]
1) The loss or destruction of the
original without bad faith on the
part of the proponent/offeror
which
can
be
shown
by
circumstantial
evidence
of
EVIDENCE
C. Object
E. Extrajudicial Admissions
Merely a statement of
fact
Confession
Involves
acknowledgement
guilt/liability
Must be express
an
of
The silence of an
accused under custody
or his failure to deny
statements by another
implicating him in a
crime
cannot
be
considered as a tacit
EVIDENCE
confession
of
his
participation in the
commission
of
the
crime. [People v. Alegre
(1979)]
Can be made only by
the party himself and
are admissible against
his co-accused in some
instances
Admission
Made
against
the
interest of the person
who admitted
Admissible in evidence
Admissible not only
against the party who
made
it
or
his
successors-ininterest,
but
also
against 3rd persons.
[Viacrucis v. CA (1986)]
Self-serving testimony
Made in favor of the
interest of the person
making the statement
Made in anticipation of
future litigation
Not
admissible
in
evidence
1. SELF-SERVING DECLARATIONS
Requisites
1) The statement was made extrajudicially;
2) The statement is in favor of the
declarants interest;
3) The statement was made in
anticipation of future litigation
EVIDENCE
c)
d)
e)
f)
g)
5. EXCEPTIONS TO
ACTA
RES
INTER ALIOS
This
rule
applies
to
the
act/declaration of a joint owner,
joint debtor or other person jointly
interested with the party.
Statements
made
after
a
partnership has been dissolved do
not fall within this exception.
Requisites:
a) The act/declaration must relate
to the conspiracy;
b) It must have been made during
the existence of the conspiracy;
c) The conspiracy must be shown
by evidence other than such
act/declaration.
F. Electronic Evidence
1. WHAT EVIDENCE IS COVERED BY THE
REE? (R2,S1; R11, SS1-2, REE)
a) Electronic document
information or the representation of
information, data, figures, symbols
or
other
modes
of
written
expression,
described or however represented,
by which a right is established or an
obligation extinguished, or by which
a fact may be proved and affirmed,
which
is
received,
recorded,
transmitted,
stored
processed,
retrieved or produced electronically.
It
includes
digitally
signed
documents and any print-out or
output, readable by sight or other
means, which accurately reflects the
electronic
data
message
or
electronic document.
EVIDENCE
b)
c)
d)
e)
2. WHEN
AND
TO
WHAT
ADMISSIBLE? (R3,S2, REE)
EXTENT
EVIDENCE
EVIDENCE
Chapter VI:
How Do I Present and Offer the
Evidence at Trial?
A. ORDER OF PROOF
1. MANNER OF EXAMINATION
2. MODE OF ANSWERING
3. EXCEPTIONS IN GENERAL
4. RECORD OF PROCEEDINGS
5. TRANSCRIPT
6. RIGHTS AND OBLIGATIONS
7. ORDER OF EXAMINATION
B. FORM OF QUESTIONS
1. LEADING
AND
MISLEADING
QUESTIONS
C. OFFER OF EVIDENCE
1. OFFER OF EVIDENCE
2. WHEN TO MAKE OFFER
D. OBJECTIONS
1. WHEN REPETITION OF OBJECTION IS
UNNECESSARY
2. RULING ON THE OBJECTION
3. MOTION TO STRIKE
E. TENDER OF EXCLUDED EVIDENCE
F. ELECTRONIC EXAMINATION OF WITNESS
G. EXAMINATION OF A CHILD WITNESS
1. SCOPE AND APPLICABILITY
2. CHILD WITNESS
3. EXCLUSION OF THE PUBLIC DURING
THE CHILD'S EXAMINATION
4. ALTERNATIVE MODES OF GIVING
TESTIMONY
5. WHEN
TO
TAKE
THE
CHILD'S
TESTIMONY
6. PROVISIONS FOR EASE OF CHILD IN
TESTIFYING
7. HEARSAY
EXCEPTION
IN
CHILD
ABUSE CASES
8. SEXUAL ABUSE SHIELD RULE
9. OTHER PROTECTIVE MEASURES
3. EXCEPTIONS IN GENERAL
a) Testimony of witness in civil cases may
be given by depositions. [Rule 23 and
24]
b) Depositions or conditional examinations
are allowed in criminal cases. [Rule 119
and 123]
Mere presentation of the affidavits of
prosecution witnesses subject to
cross-examination is not allowed by
the ROC. [People v. Estenzo (1976)]
c) Affidavits are allowed in cases covered
by Rule on Summary Procedure
Although affidavits of witnesses are
allowed/admissible under the Rule on
Summary Procedure, these may not
have any probative value. [Heirs of
Sabanpan v. Comorposa, (2003)]
4. RECORD OF PROCEEDINGS [Rule 132,
Sec. 2]
5. TRANSCRIPT
A. Order of Proof
In open court;
Under oath/affirmation.
2. MODE OF ANSWERING
EVIDENCE
b)
c)
d)
e)
B. Form of Questions
1. LEADING AND MISLEADING QUESTIONS
[Rule 132, Sec. 10]
RE-DIRECT EXAMINATION
[Rule 132, Sec. 7]
When
conducted:
After
the
crossexamination of the witness has been
concluded.
Why conducted: To explain or supplement
his answers given during the crossexamination.
C. Offer of Evidence
(Asked 3x)
1. OFFER OF EVIDENCE [Rule 132, Sec. 34]
RE-CROSS EXAMINATION
[Rule 132, Sec. 8]
When conducted: Upon the conclusion of the
re-direct examination.
Matters covered: The adverse party may recross-examine the witness on matters stated
in his re-direct examination, and also on such
other matters as may be allowed by the court
in its discretion.
EVIDENCE
DIRECT EXAMINATION
[Rule 132, Sec. 5]
Examination-in-chief of a witness by the
party presenting him, on the facts relevant
to the issue.
Kind of evidence
Testimonial
When to offer
At the time the witness is
called to testify
Documentary
After the presentation of a
and Object
partys testimonial evidence
Offer shall be done orally unless allowed by the
court to be done in writing.
D. Objections
What to object to
Testimonial evidence
When to object
Immediately after offer
is made
Question propounded As
soon
as
the
in the course of oral grounds
become
examination
reasonably apparent
Offer done in writing
Within 3 days after
notice of the offer,
unless
a
different
period is allowed by
the court
The grounds for objection
must be specified in any case.
(R132, s40)
Kind of evidence
Documentary
Testimonial
EVIDENCE
Identification of
documentary evidence
Done in the course of
the trial and is
accompanied by the
marking of the
evidence
That a document has
been identified does
not mean that it will
be offered
Formal offer of
exhibit
Done only
when the
party rests
his/her
case
F. Electronic
Witnesses
Examination
of
2. CHILD WITNESS
a) Any person who at the time of giving
testimony is < 18 years;
b) In child abuse cases, a child includes
one over 18 years but is found by the
court as unable to fully take care of
himself
or
protect
himself
from
abuse/neglect/cruelty/exploitation/
discrimination
because
of
a
physical/mental disability or condition.
Every child is presumed qualified to be
a witness. To rebut the presumption of
competence enjoyed by a child, the
burden of proof lies on the party
4. ALTERNATIVE
TESTIMONY
MODES
OF
GIVING
a) Live-link
television
testimony,
in
criminal cases where the child is a
victim or a witness. [Sec. 25]
The court may order that the
testimony of the child be taken by
live-link television
if there is a substantial likelihood
that the child would suffer trauma
from testifying in the presence of the
accused, his counsel or the
prosecutor.
The trauma must be of a kind which
would
impair
the
completeness/truthfulness of the
childs testimony.
If it is necessary for the child to
identify the accused at trial,
the court may allow the child to
enter the courtroom for the limited
purpose of identifying the accused,
or the court may allow the child to
identify the accused by observing
the image of the latter on a
television monitor.
b) Screens, one-way mirrors and other
devices to shield child from accused.
[Sec. 26]
EVIDENCE
TAKE
THE
j)
CHILDS
EVIDENCE
EVIDENCE
- end of Evidence -