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2. WHAT NEED NOT BE PROVEN, RULE 129 introduction of evidence, or the authority
Each Party Must Prove His Own of the court to accept certain matters as
Allegation. Allegations in pleadings do facts even if no evidence of their
not prove themselves. No party wins by existence has been presented. The action is
having the most allegations, or that the often expressed thus The court takes
allegation of causes of actions or defenses judicial notice of
are crafted in the strongest and most
persuasive language. All allegations remain II. Purpose: To save time, labor and
but as allegations or propositions. Hence expenses. It is based on expediency and
every party to a case, who desires that a convenience.
favorable judgment be rendered in his
favor, must present evidence to support III. General Classification of Matters
his claim, cause of action or defense be it Subject of Notice
in the form of object evidence, documents,
or testimonies of witnesses. A. Adjudicative Matters- those facts
related to the case under consideration and
Likewise, the court limits itself to only which may affect the outcome thereof.
such evidence as were properly presented 1. In a case where the accused set up
and admitted during the trial and does not denial and alibi being then in Manila,
consider matters or facts outside the court may take judicial notice that normal
court. travel time by bus from Manila to Baguio
City is between 6 to 7 hours
A Party Can Not Prove What He Did Not 2. Where the accused set up accidental
Allege (Non Alegata Non Proba). A party shooting, the court may take notice that a
however is not authorized to introduce revolver does not fire accidentally because
evidence on matters which he never alleged. pressure must be applied to the trigger
Hence plaintiff will not be permitted to 3. Where a witness claimed to have seen a
prove a cause of action which is not stated person by the light of day at around 6:00
in his complaint, and the defendant will PM on December some 10 meters away, courts
not be permitted to prove a defense which may take notice of the shortened days in
he never raised in his Answer. In criminal December and that by 6:30 there is no more
cases, the Prosecution is not permitted to day light.
prove a crime not described in the
Information or to prove any aggravating B. Legislative Matters- those facts which
circumstance not alleged in the relate either to: (i) the existence of a
Information. law or legal principle (ii) the reason,
purpose or philosophy behind the law or of
C. But a party may be relieved from a legal principle as formulated by the
presenting evidence on certain matters, legislature or the court (iii) the law or
such as on the following: principle itself.

1. Matters or facts subject of judicial The following are examples:

2. Matters or facts subject of judicial 1. The need to protect Filipino OFWs as a
admission primary reason behind the Migrant Workers
3. Matters or facts which are legally Act or the increase in the incidence of
presumed drug related crimes as reason for the
4. Matters or facts stipulated upon increase in the penalty for violation of
5. Matters or facts which are exclusively the drug law
within the knowledge of the opposing party 2. That the passage of the Anti-Terrorism
6. Matters or facts which are Law and the Anti-Money Laundering Law were
irrelevant . influenced by the demands of the
7. Matters or facts in the nature of international community
negative allegations subject to certain 3. Taking notice of the increase in the age
exceptions of criminal liability
4. That documents presented in the Register
of Deeds are recorded according to the date
A. JUDICIAL NOTICE and time of their presentation
I. CONCEPT: Refers to the act of the court 5. The policy of the law as regards bail in
in taking cognizance of matters as true or heinous crimes or of the policy of the
as existing without need of the
state against the use of illegal means to 1. As a Spanish colony, American colony, as
obtain evidence a commonwealth, as a republic; Martial law
6. Gun Ban during election period years; the political upheavals such as the
assassination of B. Aquino, EDSA I and II
IV. Limitations. The taking of judicial 2. The cabinet system in the Office of the
notice maybe abused and might unfairly President
favor a party who is unable to prove a 3. Previous Presidents; the trial and
material point. Conversely the non-taking conviction of Erap and his subsequent
notice of a fact might unduly burden a pardon
party where proof is not readily available 4. The administrative division into
or impossible to obtain and proof thereof regions, provinces, municipalities, cities,
is unnecessary, but still the court refuses barangays and into sitios or puroks
to take notice of the fact. 5. Manila as the capital and the capital
towns of the provinces; the location of
A. As to what may be taken notice of: the major rivers, lakes and mountains
matter must be one covered by section 1 or 6. Contemporary political developments
is authorized under Section 2 of Rule 129. such as the ongoing communist rebellion and
B. As to the procedure: there must be a muslin secessionist movement
prior hearing pursuant to Section 3. 7. Wars in which the Philippines
Section 1. Matters the taking notice of
which is mandatory. B. The official acts of the legislature,
executive and judicial departments
INTRODUCTION: If a fact falls under any of 1. That congress is a bicameral body; the
the matters enumerated, then the court may form of leadership in each house; the
not compel a party to present evidence process of legislation; the committee
thereon and necessarily, it may not decide system; laws which were passed
against the party for the latters failure 2. State visits of the presidents;
to present evidence on the matter. The ratification of treaties; executive orders
enumeration is exclusive. and decrees; declaration of state of
I. As to Foreign States: their existence 3. Grants of amnesty
and territorial extent; forms of government 4. Holding of peace negotiations with the
(monarchial, presidential, parliamentary, rebels
royalty), symbols of nationality (flag, 5. Membership in the UN and other regional
national costume, anthem). organizations as well as the hosting of the
A. Limitation: However the recognition ASEAN in Cebu
of a foreign state or government is subject 6. Decisions of appellate courts
to the decision of the political leadership
V. The Laws of Nature: Examples:
II. The Law of Nations: the body of 1. Laws relating to science which are so
principles, usages, customs and unwritten well known such as that the DNA of each
precepts observed by, and which governs, person being distinct, or blood groupings
the relations between and among states. as proof of filiation; or of finger prints
A. Examples: (i). The Principle of Equality and dententures being distinct and
of States (ii) Sovereign Immunity of dissimilar from one person to another.
visiting Heads of States and the protocol 2. The law of gravity, mathematical
observed for said visiting dignitary such equations, weights and measurements
as the 21 gun salute (iii) The Diplomatic 3. The solar system, the planets and
Immunity of foreign diplomatic stars
representatives (iv) recognition of piracy 4. The composition and decay of matter
as a crime against humanity 5. The birth and period of gestation of
human beings
III. The Admiralty and Maritime 6. The occurrence of natural phenomenon
Jurisdiction of the World and their Seals provided these are constant, immutable and
certain, otherwise these occurrences are
IV. The Philippine as a state freaks of nature
a). the changing of the season
A. Its constitution and political history: b). the cycle of day and night
the political set up of the government c). the difference in time between places
on earth
d). the variation in vegetation exist or be true so as to justify
dispensing with actual proof.
VI. Measures of Time: into seconds,
minutes, days, weeks months and years B. Examples:
1. That poison kills or results to
VII. Geographical Division of the World serious injury
such as the number and location of the 2. That boiling water scalds
continents, and the major oceans, the 3. Striking the body with a sharp
division into hemispheres; longitudes and instruments results to rupturing the skin
latitudes and to bleeding
4. Shooting on the head kills
Section 2. Matters the taking of which is 5. Hunger results to a weakened physical
discretionary. condition
6. Vehicles running at top speed do not
I. This section authorizes a court to take immediately stop even when the brakes are
judicial notice of certain matters in its applied and will leave skid marks on the
discretion. The matters fall into three road
groups: 1. Those which are of public
knowledge 2. Those which are capable of IV. Third Group: Matters Ought To Be Known
unquestionable demonstration and 3. Matters to Judges because of their Judicial
ought to be known to judges because of Functions
their judicial functions. A. These are matters which pertain to the
office of the Judge or known to them based
II. First Group: Matters of Public on their experience as judges
B. Examples:
A. These are matters the truth or existence 1. The behavior of people to being
of which are accepted by the public without witnesses such as their reluctance to be
qualification, condition or contention. involved in cases thus requiring the
B. Requirements: issuance of subpoena to them; the varied
1. Notoriety of the Facts in that the facts reaction of people to similar events
are well and publicly known. The existence 2. Procedures in the reduction of bail
should not be known only to a certain bonds
portion of the community
2. The matter must be well and V. Principles Involved
authoritatively settled and not doubtful or
uncertain A. The matter need not be personally known
3. The matter must be within the limits of to the judge in order to be taken judicial
the territorial jurisdiction of the court notice of, as in fact the judge maybe
personally ignorant thereof
C. Examples: B. Personal knowledge by the Judge of a
fact is not necessarily knowledge by the
1. The existence and location of hospitals, Court as to be the basis of a judicial
public buildings, plazas and markets, notice
schools and universities, main C. As to whether a party can introduce
thoroughfares, parks, rivers and lakes contrary proof: (1). If the matter is one
2. Facts of local history and contemporary subject of mandatory judicial notice,
developments including political matters. contrary proof is not allowed (2). If the
For example: the creation of the city or matter is one which the court is allowed to
town, previous and present political take notice in its discretion, the
leaders or officials; the increase in prohibition applies to civil cases only,
population; traffic congestion in main but in criminal cases, the accused may
streets. The existence and location of the still introduce contrary proof as part of
PMA in Baguio City his right to defend himself.

III. Second Group: Matters Capable of VI. Judicial Notice of Certain Specific
Unquestionable Demonstration Matters

A. These are matters which, even if not A. As To Foreign Laws.

notorious, can be immediately shown to 1. As a general rule, Philippine Courts
cannot take judicial notice of the
existence and provisions/contents of a a) As a general rule, courts are not
foreign law, which matters must be alleged authorized to take judicial notice of the
and proven as a fact. If the existence and contents of records of other cases tried or
provisions/contents were not properly pending in the same court, even when these
pleaded and proven, the Principle of cases were heard or actually pending before
Processual Presumption applies i.e. the the same judge.
foreign law will be presumed to be the same b). However, this rule admits of
as Philippine Laws and it will be exceptions, (i). as when reference to such
Philippine Laws which will be applied to records is sufficiently made without
the case. objection from the opposing parties
Reference is by name and number or in some
2. Exceptions or when Court may take other manner by which it is sufficiently
judicial notice of a foreign law designated or (ii) when the original
a. When there is no controversy among the record of the former case or any part of
parties as to the existence and provision it, is actually withdrawn from the archives
of the foreign law by the courts direction, at the request or
b. When the foreign law has been previously with the consent of the parties, and
ruled upon the court as to have acquired admitted as part of the records of the case
actual knowledge of it. For example: then pending (Calamba Steel Center Inc. vs.
Knowledge of the Texan law on succession Commissioner of Internal Revenue. April 28,
based on the Christiansen cases; notice of 2005)
the existence of the Nevada Divorce Law
c. The foreign law has been previously D. Commercial Usages and Practices: those
applied in the Philippines e.g. the Spanish pertaining to business, occupation or
Codigo Penal profession. Notice may be taken only of
d. The foreign law is the source of the those which are well known and established.
Philippine Law e.g. the California Law on Examples:
Insurance, the Spanish Civil Code 1. The closure of banks on Saturdays and
e. When the foreign law is a treaty in Sundays and of the banking hours being
which the Philippines is a signatory it until 3:00 P.M.
being part of the Public International Law 2. Practice of considering checks as sale
if not presented within 6 months
B. Domestic Laws, Administrative Rules and 3. The establishment of ATM machines to
Regulations facilitate the openning of accounts and
1. As to laws, rules and regulations of withdrawal of money
national applications, their passage and 4. The practice of requiring tickets for
effectivity and provisions are governmental persons to enter theaters and movie houses
matters which must be noticed mandatorily or to ride in public transports
2. As to laws of local application: 5. The holding of graduation exercises by
a. For lower Courts: they may take notice schools and universities every end of the
of ordinances, resolutions and executive or semester
administrative orders enforced within the 6. The public auction of unredeemed
town nor city where they sit articles by pawn shops
b. For the RTCs: they may do so only when a 7. Courts take judicial notice that before
case has been appealed to them and the a bank grants a loan secured by a land, it
lower court has taken notice thereof first undertakes a careful examination of
c. For appellate courts: on appeal and all the title, as well as a physical and on-
those enforced within any town or city in the-spot investigation of the land offered
the Philippines as security. Hence it cannot claim to be a
mortgagee in good faith as against the
C. Decisions of Courts actual possessor of the land (Erasustada
vs. C.A., 495 SCRA 319)
1. Decisions of appellate courts must be 8. That no official receipts are issued by
taken notice of mandatorily by trial courts sidewalk or market vendors
2. As to the records of cases pending or
decided by other courts: these may not be E. Customs, Habits and Practices of People:
taken judicial notice of Notice may be taken only of those which are
3. As to Records of Other Cases Pending generally known and established and
Before the Same Court uniformly acted upon. Particular customs,
and those peculiar only to certain people
must be established as a fact. Examples:
Facts: Korean Airlines (KAL) is a
1. Variations in handwriting corporation established and registered in
2. The instinct of self-preservation the Republic of South Korea and has been
3. Sleeping habits of people in the barrios granted license to do business in the
4. Rituals digging and cleansing of bones Philippines. On 6 September 1999, KAL,
of buried loved ones among certain tribes through its legal counsel, Atty. Mario
and other tribal practices, must be proved Aguinaldo filed a complaint against ETI
as a fact with the Regional Trial Court (RTC) of
5. What about the natural shyness of the Manila, for the collection of sum of money
Filipina woman? totaling PhP260, 150.00 plus attorney's
fees and exemplary damages. The complaint
F. As to religious matters: Courts may take was attached with verification and
notice of the general tenets or beliefs of certificate of non-forum shopping wherein
a particular group including their indicated that Atty. Aguinaldo is the agent
organizational structures, but not as to and legal counsel of KAL and had caused the
specific practices, tenets and dogmas. preparation of the said complaint.
1.Thus notice maybe taken of the belief ETI filed a motion to dismiss the complaint
Catholics consider Jesus as God, whereas on the ground that Atty. Aguinaldo was not
the INC do not but as a man, and the authorized to execute the above-mentioned
Muslims regard Him merely as a verification and non-forum shopping as
prophet lesser in stature to Mohammed required by Section 5, Rule 7 of the Rules
2. That the Pope is the titular head of the of Court. KAL, thereafter, opposed the
Catholic Church while the Dalai Llama is motion contending that Atty. Aguinaldo was
head of the Tibetan Monks; Mecca is the its resident agent and was registered as
Holiest City of the Muslims; the Muslim such with the Securities and Exchange
belief in Ramadan; the belief in Commission (SEC). It was also alleged that
reincarnation among the Hindus and Atty. Aguinaldo also served as the
Buddhists while the Christians believe in company's corporate secretary.
resurrection after death; whereas
Christians believe in heaven the Buddhist During the hearing, Atty Aguinaldo claimed
have their Nirvana. Notice is proper of the that he had been authorized to file the
Christian Bible and the Muslim Koran as complaint through the resolution approved
their respective Holy Books. by the KAL Board of Directors during a
special meeting held on June 25, 1999.
Section 3. When Hearing Is Necessary Thereafter. KAL submitted an Affidavit
executed by its General Manager Suk Kyoo
I. When and How Notice is taken. Kim, alleging that the board of directors
A. By the Trial Court: either Motu Proprio conducted a special teleconference which he
or upon motion by a party .Generally this and Atty. Aguinaldo attended. It was also
is during the trial or presentation of averred that in that Teleconference, the
evidence, but it maybe made thereafter but board of directors approved a resolution
before judgment and only upon a matter authorizing Atty. Aguinaldo to execute the
which is decisive of the issue. certificate of non-forum shopping and to
B. By the appellate court: before Judgment file the said complaint. Furthermore, Su
Kyoo Kim alleged that the corporation had
II. Need for Hearing no written copy of the aforesaid
A. If motu proprio, the Court must announce resolution.
its intention and give the parties the
opportunity to give their view on whether Trial Court issued an order denying the
or not the matter is a proper subject of motion to dismiss, giving credence to the
judicial notice. claims of Atty. Aguinaldo and Su Kyoo Kim.
B. If on motion of a party, the opposing ETI filed a motion for reconsideration of
party must likewise be given the the said order alleging that it is
opportunity to comment thereon. inappropriate for the court to take
judicial notice of the said teleconference
without any prior hearing.
EXPERTRAVEL & TOURS, INC. V. COURT OF CA rendered judgment dismissing the
APPEALS, G.R. NO. 152392, 26 MAY 2005 petition and ruling that the verification
and certificate of non-forum shopping
executed by Atty. Aguinaldo was sufficient (1) generally known within the territorial
compliance with the Rules of Court. Hence, jurisdiction of the trial court; or
this petition. (2) capable of accurate and ready
determination by resorting to sources whose
Issue: accuracy cannot reasonably be questionable.
Is the petitioner correct in assailing that
until and after teleconferencing is In this age of modern technology, the
recognized as a legitimate means of courts may take judicial notice that
conducting meetings, gathering quorum of business transactions may be made by
board of directors, such cannot be taken individuals through teleconferencing.
judicial notice of by the court. Teleconferencing is interactive group
communication (three or more people in two
Held: or more locations) through an electronic
The petition is meritorious. medium. In general terms, teleconferencing
can bring people together under one roof
It is settled that the requirement to file even though they are separated by hundreds
a certificate of non-forum shopping is of miles.
mandatory and that the failure to comply This type of group communication may be
with this requirement cannot be excused. used in a number of ways, and have three
The certification is a peculiar and basic types:
personal responsibility of the party, an (1) video conferencing - television-like
assurance given to the court or other communication augmented with sound;
tribunal that there are no other pending (2) computer conferencing - printed
cases involving basically the same parties, communication through keyboard terminals,
issues and causes of action. Hence, the and
certification must be accomplished by the (3) audio-conferencing-verbal communication
party himself because he has actual via the telephone with optional capacity
knowledge of whether or not he has for telewriting or telecopying.
initiated similar actions or proceedings in
different courts or tribunals. Even his The Court agrees with the RTC that persons
counsel may be unaware of such facts. in the Philippines may have a
Hence, the requisite certification executed teleconference with a group of persons in
by the plaintiffs counsel will not South Korea relating to business
suffice. transactions or corporate governance.
Even given the possibility that Atty.
In a case where the plaintiff is a private Aguinaldo and Suk Kyoo Kim participated in
corporation, the certification may be a teleconference along with the
signed, for and on behalf of the said respondents Board of Directors, the Court
corporation, by a specifically authorized is not convinced that one was conducted;
person, including its retained counsel, who even if there had been one, the Court is
has personal knowledge of the facts not inclined to believe that a board
required to be established by the resolution was duly passed specifically
documents. authorizing Atty. Aguinaldo to file the
complaint and execute the required
Generally speaking, matters of judicial certification against forum shopping.
notice have three material requisites: The Court is, thus, more inclined to
(1) the matter must be one of common and believe that the alleged teleconference on
general knowledge; June 25, 1999 never took place, and that
(2) it must be well and authoritatively the resolution allegedly approved by the
settled and not doubtful or uncertain; and respondents Board of Directors during the
(3) it must be known to be within the said teleconference was a mere concoction
limits of the jurisdiction of the court. purposefully foisted on the RTC, the CA and
The principal guide in determining what this Court, to avert the dismissal of its
facts may be assumed to be judicially known complaint against the petitioner.
is that of notoriety. Hence, it can be said Petition granted.
that judicial notice is limited to facts
evidenced by public records and facts of 459 SCRA 147, 162 ESTRADA V DESIERTO, G.R.
general notoriety. Moreover, a judicially NOS. 146710-15. MARCH 2, 2001.
noticed fact must be one not subject to a It began in October 2000 when allegations
reasonable dispute in that it is either: of wrong doings involving bribe-taking,
illegal gambling, and other forms of
corruption were made against Estrada before Legal distinction between EDSA People Power
the Senate Blue Ribbon Committee. On I EDSA People Power II:
November 13, 2000, Estrada was impeached by EDSA I EDSA II
the Hor and, on December 7, impeachment exercise of people
proceedings were begun in the Senate during power of freedom of
which more serious allegations of graft and speech and freedom of
corruption against Estrada were made and assembly to petition
were only stopped on January 16, 2001 when exercise of the the government for
11 senators, sympathetic to the President, people power of redress of grievances
succeeded in suppressing damaging evidence revolution which which only affected
against Estrada. As a result, the overthrew the the office of the
impeachment trial was thrown into an uproar whole government. President.
as the entire prosecution panel walked out extra intra
and Senate President Pimentel resigned constitutional and constitutional and
after casting his vote against Estrada. the legitimacy of the resignation of
the new government the sitting President
On January 19, PNP and the AFP also that resulted from that it caused and
withdrew their support for Estrada and it cannot be the the succession of the
joined the crowd at EDSA Shrine. Estrada subject of Vice President as
called for a snap presidential election to judicial review President are subject
be held concurrently with congressional and to judicial review.
local elections on May 14, 2001. He added presented
that he will not run in this election. On a political involves legal
January 20, SC declared that the seat of question; questions.
presidency was vacant, saying that Estrada The cases at bar pose legal and not
constructively resigned his post. At political questions. The principal issues
noon, Arroyo took her oath of office in the for resolution require the proper
presence of the crowd at EDSA as the 14th interpretation of certain provisions in the
President. Estrada and his family later 1987 Constitution: Sec 1 of Art II, and Sec
left Malacaang Palace. Erap, after his 8 of Art VII, and the allocation of
fall, filed petition for prohibition with governmental powers under Sec 11 of Art
prayer for WPI. It sought to enjoin the VII. The issues likewise call for a ruling
respondent Ombudsman from conducting any on the scope of presidential immunity from
further proceedings in cases filed against suit. They also involve the correct
him not until his term as president ends. calibration of the right of petitioner
He also prayed for judgment confirming against prejudicial publicity.
Estrada to be the lawful and incumbent
President of the Republic of the 2. Elements of valid resignation: (a)an
Philippines temporarily unable to discharge intent to resign and (b) acts of
the duties of his office. relinquishment. Both were present when
President Estrada left the Palace.
ISSUE(S): Totality of prior contemporaneous posterior
1. WoN the petition presents a justiciable facts and circumstantial evidence bearing
controversy. material relevant issuesPresident Estrada
2. WoN Estrada resigned as President. is deemed to have resigned constructive
3. WoN Arroyo is only an acting President. resignation.
4. WoN the President enjoys immunity from SC declared that the resignation of
suit. President Estrada could not be doubted as
5. WoN the prosecution of Estrada should be confirmed by his leaving Malacaan Palace.
enjoined due to prejudicial publicity. In the press release containing his final
RULING: 1. He acknowledged the oath-taking of the
1. Political questions- "to those respondent as President;
questions which, under the Constitution, 2. He emphasized he was leaving the Palace
are to be decided by the people in their for the sake of peace and in order to begin
sovereign capacity, or in regard to which the healing process (he did not say that he
full discretionary authority has been was leaving due to any kind of disability
delegated to the legislative or executive and that he was going to reassume the
branch of the government. It is concerned Presidency as soon as the disability
with issues dependent upon the wisdom, not disappears);
legality of a particular measure."
3. He expressed his gratitude to the people 5. No. Case law will tell us that a right
for the opportunity to serve them as to a fair trial and the free press are
President (without doubt referring to the incompatible. Also, since our justice
past opportunity); system does not use the jury system, the
4. He assured that he will not shirk from judge, who is a learned and legally
any future challenge that may come in the enlightened individual, cannot be easily
same service of the country; manipulated by mere publicity. The Court
5. He called on his supporters to join him also said that Estrada did not present
in promotion of a constructive national enough evidence to show that the publicity
spirit of reconciliation and solidarity. given the trial has influenced the judge so
Intent to resignmust be accompanied by act as to render the judge unable to perform.
of relinquishmentact or omission before, Finally, the Court said that the cases
during and after January 20, 2001. against Estrada were still undergoing
preliminary investigation, so the publicity
3. The Congress passed House Resolution No. of the case would really have no permanent
176 expressly stating its support to Gloria effect on the judge and that the prosecutor
Macapagal-Arroyo as President of the should be more concerned with justice and
Republic of the Philippines and less with prosecution.
subsequently passed H.R. 178 confirms the Categories: Constitutional Law 1, Estrada
nomination of Teofisto T. Guingona Jr. As vs Arroyo Case Digest, Estrada vs Desierto
Vice President. Senate passed HR No. 83 Case Digest
declaring the Impeachment Courts as
Functius Officio and has been terminated. LA BUGAL TRIBAL ASSOCIATION V DENR, G.R.
It is clear is that both houses of Congress NO. 127882. JANUARY 27, 2004
recognized Arroyo as the President. FACTS:
Implicitly clear in that recognition is the
premise that the inability of Estrada is no The present petition for mandamus and
longer temporary as the Congress has prohibition assails the constitutionality
clearly rejected his claim of inability. of Republic Act No. 7942, otherwise known
The Court therefore cannot exercise its as the PHILIPPINE MINING ACT OF 1995, along
judicial power for this is political in with the Implementing Rules and Regulations
nature and addressed solely to Congress by issued pursuant thereto, Department of
constitutional fiat. In fine, even if Environment and Natural Resources (DENR)
Estrada can prove that he did not resign, Administrative Order 96-40, and of the
still, he cannot successfully claim that he Financial and Technical Assistance
is a President on leave on the ground that Agreement (FTAA) entered into on March 30,
he is merely unable to govern temporarily. 1995 by the Republic of the Philippines and
That claim has been laid to rest by WMC (Philippines), Inc. (WMCP), a
Congress and the decision that Arroyo is corporation organized under Philippine
the de jure, president made by a co-equal laws.
branch of government cannot be reviewed by
this Court. ISSUES:

4. The cases filed against Estrada are Did the DENR Secretary acted without or in
criminal in character. They involve excess of jurisdiction: (1) x x x in
plunder, bribery and graft and corruption. signing and promulgating DENR
By no stretch of the imagination can these Administrative Order No. 96-40 implementing
crimes, especially plunder which carries Republic Act No. 7942, the latter being
the death penalty, be covered by the unconstitutional in that it allows fully
alleged mantle of immunity of a non-sitting foreign owned corporations to explore,
president. He cannot cite any decision of develop, utilize and exploit mineral
this Court licensing the President to resources in a manner contrary to Section
commit criminal acts and wrapping him with 2, paragraph 4, Article XII of the
post-tenure immunity from liability. The Constitution; (2) x x x in recommending
rule is that unlawful acts of public approval of and implementing the Financial
officials are not acts of the State and the and Technical Assistance Agreement between
officer who acts illegally is not acting as the President of the Republic of the
such but stands in the same footing as any Philippines and Western Mining Corporation
trespasser. Philippines Inc. because the same is
illegal and unconstitutional.
[Rulings for the substantive issues are not have obligations to fulfill under said
included in this digest since already contract. Petitioners seek to prevent them
reversed by another case] from fulfilling such obligations on the
theory that the contract is
HELD: unconstitutional and, therefore, void.

As to procedural issues: * Requisites of *Hierarchy of courts - YES, OKAY.

judicial review - YES, OKAY.
The repercussions of the issues in this
When an issue of constitutionality is case on the Philippine mining industry, if
raised, this Court can exercise its power not the national economy, as well as the
of judicial review only if the following novelty thereof, constitute exceptional and
requisites are present: compelling circumstances to justify resort
to this Court in the first instance.
(1) The existence of an actual and
appropriate case; - The challenge against In all events, this Court has the
the constitutionality of R.A. No. 7942 and discretion to take cognizance of a suit
DAO No. 96-40 likewise fulfills the which does not satisfy the requirements of
requisites of justiciability. Although an actual case or legal standing when
these laws were not in force when the paramount public interest is involved. When
subject FTAA was entered into, the question the issues raised are of paramount
as to their validity is ripe for importance to the public, this Court may
adjudication. brush aside technicalities of procedure.

(2) A personal and substantial interest of RATIO: (1) The State may directly undertake
the party raising the constitutional such activities or it may enter into co-
question; - petitioners have standing to production, joint venture, or production-
raise the constitutionality of the sharing agreements with Filipino citizens,
questioned FTAA as they allege a personal or corporations or associations at least
and substantial injury sixty per centum of whose capital is owned
by such citizens.
(3) The exercise of judicial review is
pleaded at the earliest opportunity; and - Consonant with the State's "full
WMCP points out that the petition was filed supervision and control" over natural
only almost two years after the execution resources, Section 2 offers the State two
of the FTAA, hence, not raised at the "options."182 One, the State may directly
earliest opportunity.mThe third requisite undertake these activities itself; or two,
should not be taken to mean that the it may enter into co-production, joint
question of constitutionality must be venture, or production-sharing agreements
raised immediately after the execution of with Filipino citizens, or entities at
the state action complained of. That the least 60% of whose capital is owned by such
question of constitutionality has not been citizens.
raised before is not a valid reason for
refusing to allow it to be raised later. A A third option is found in the third
contrary rule would mean that a law, paragraph of the same section:
otherwise unconstitutional, would lapse
into constitutionality by the mere failure The Congress may, by law, allow small-scale
of the proper party to promptly file a case utilization of natural resources by
to challenge the same. Filipino citizens, as well as cooperative
fish farming, with priority to subsistence
(4) The constitutional question is the lis fishermen and fish-workers in rivers,
mota of the case lakes, bays, and lagoons.

*Propriety of prohibition and mandamus - While the second and third options are
YES, OKAY. limited only to Filipino citizens or, in
the case of the former, to corporations or
The petition for prohibition at bar is thus associations at least 60% of the capital of
an appropriate remedy. While the execution which is owned by Filipinos, a fourth
of the contract itself may be fait allows the participation of foreign-owned
accompli, its implementation is not. Public corporations. The fourth and fifth
respondents, in behalf of the Government, paragraphs of Section 2 provide:
of the development and use of local
The President may enter into agreements scientific and technical resources.
with foreign-owned corporations involving
either technical or financial assistance Seventh, the notification requirement. The
for large-scale exploration, development, President shall notify Congress of every
and utilization of minerals, petroleum, and financial or technical assistance agreement
other mineral oils according to the general entered into within thirty days from its
terms and conditions provided by law, based execution.
on real contributions to the economic
growth and general welfare of the country. Finally, the scope of the agreements. While
In such agreements, the State shall promote the 1973 Constitution referred to "service
the development and use of local scientific contracts for financial, technical,
and technical resources. management, or other forms of assistance"
the 1987 Constitution provides for
The President shall notify the Congress of "agreements. . . involving either financial
every contract entered into in accordance or technical assistance." It bears noting
with this provision, within thirty days that the phrases "service contracts" and
from its execution. "management or other forms of assistance"
in the earlier constitution have been
Although Section 2 sanctions the omitted.
participation of foreign-owned corporations
in the exploration, development, and (2) KINDS OF MINERAL AGREEMENTS (important)
utilization of natural resources, it
imposes certain limitations or conditions
to agreements with such corporations. The State, being the owner of the natural
resources, is accorded the primary power
First, the parties to FTAAs. Only the and responsibility in the exploration,
President, in behalf of the State, may development and utilization thereof. As
enter into these agreements, and only with such, it may undertake these activities
corporations. By contrast, under the 1973 through four modes:
Constitution, a Filipino citizen,
corporation or association may enter into a The State may directly undertake such
service contract with a "foreign person or activities.
(2) The State may enter into co-production,
Second, the size of the activities: only joint venture or production-sharing
large-scale exploration, development, and agreements with Filipino citizens or
utilization is allowed. The term "large- qualified corporations.
scale usually refers to very capital-
intensive activities."183 (3) Congress may, by law, allow small-scale
utilization of natural resources by
Third, the natural resources subject of the Filipino citizens.
activities is restricted to minerals,
petroleum and other mineral oils, the (4) For the large-scale exploration,
intent being to limit service contracts to development and utilization of minerals,
those areas where Filipino capital may not petroleum and other mineral oils, the
be sufficient.184 President may enter into agreements with
foreign-owned corporations involving
Fourth, consistency with the provisions of technical or financial assistance.
statute. The agreements must be in
accordance with the terms and conditions Except to charge the Mines and Geosciences
provided by law. Bureau of the DENR with performing
researches and surveys, and a passing
Fifth, Section 2 prescribes certain mention of government-owned or controlled
standards for entering into such corporations, 188 R.A. No. 7942 does not
agreements. The agreements must be based on specify how the State should go about the
real contributions to economic growth and first mode. The third mode, on the other
general welfare of the country. hand, is governed by Republic Act No. 7076
(the People's Small-Scale Mining Act of
Sixth, the agreements must contain 1991) and other pertinent laws. R.A. No.
rudimentary stipulations for the promotion
7942 primarily concerns itself with the which shall be agreed upon by the parties,
second and fourth modes. and shall consist, among other things, the
contractor's income tax, excise tax,
Mineral production sharing, co-production special allowance, withholding tax due from
and joint venture agreements are the contractor's foreign stockholders
collectively classified by R.A. No. 7942 as arising from dividend or interest payments
"mineral agreements." to the said foreign stockholders, in case
of a foreign national and all such other
A. MINERAL PRODUCTION SHARING AGREEMENTS taxes, duties and fees as provided for
(MPSA) under existing laws.

The Government participates the least in a All mineral agreements grant the respective
mineral production sharing agreement contractors the exclusive right to conduct
(MPSA). In an MPSA, the Government grants mining operations and to extract all
the contractor the exclusive right to mineral resources found in the contract
conduct mining operations within a contract area. A "qualified person" may enter into
area and shares in the gross output. The any of the mineral agreements with the
MPSA contractor provides the financing, Government. A "qualified person" is any
technology, management and personnel citizen of the Philippines with capacity to
necessary for the agreement's contract, or a corporation, partnership,
implementation. The total government share association, or cooperative organized or
in an MPSA is the excise tax on mineral authorized for the purpose of engaging in
products under Republic Act No. 7729, mining, with technical and financial
amending Section 151(a) of the National capability to undertake mineral resources
Internal Revenue Code, as amended. development and duly registered in
accordance with law at least sixty per
B. CO-PRODUCTION AGREEMENT (CA) centum (60%) of the capital of which is
owned by citizens of the Philippines x x

In a co-production agreement (CA), the D. FINANCIAL OR TECHNICAL ASSISTANCE

Government provides inputs to the mining AGREEMENTS
operations other than the mineral resource,
while in a joint venture agreement (JVA), The fourth mode involves "financial or
where the Government enjoys the greatest technical assistance agreements." An FTAA
participation, the Government and the JVA is defined as "a contract involving
contractor organize a company with both financial or technical assistance for
parties having equity shares. Aside from large-scale exploration, development, and
earnings in equity, the Government in a JVA utilization of natural resources."
is also entitled to a share in the gross
output. Any qualified person with technical and
financial capability to undertake large-
The Government may enter into a CA or JVA scale exploration, development, and
with one or more contractors. The utilization of natural resources in the
Government's share in a CA or JVA is set Philippines may enter into such agreement
out in Section 81 of the law: directly with the Government through the
DENR. For the purpose of granting an FTAA,
The share of the Government in co- a legally organized foreign-owned
production and joint venture agreements corporation (any corporation, partnership,
shall be negotiated by the Government and association, or cooperative duly registered
the contractor taking into consideration in accordance with law in which less than
the: (a) capital investment of the project, 50% of the capital is owned by Filipino
(b) the risks involved, (c) contribution of citizens) is deemed a "qualified person."
the project to the economy, and (d) other
factors that will provide for a fair and Other than the difference in contractors'
equitable sharing between the Government qualifications, the principal distinction
and the contractor. The Government shall between mineral agreements and FTAAs is the
also be entitled to compensations for its maximum contract area to which a qualified
other contributions. person may hold or be granted. "Large-
scale" under R.A. No. 7942 is determined by
the size of the contract area, as opposed
to the amount invested (US $50,000,000.00), relieve a party from the consequences of
which was the standard under E.O. 279. his admission

Like a CA or a JVA, an FTAA is subject to 2. All such evidence to the contrary are
negotiation. The Government's to be disregarded by the court even in the
contributions, in the form of taxes, in an absence of an objection by the adverse
FTAA is identical to its contributions in party.
the two mineral agreements, save that in an
FTAA: The collection of Government share in 3. Examples:
financial or technical assistance agreement a). The rule on judicial admissions
shall commence after the financial or found its way into black-letter law only in
technical assistance agreement contractor 1964 but its content is supplied by case
has fully recovered its pre-operating law much older and in many instances more
expenses, exploration, and development explicit than the present codal provision.
expenditures, inclusive. In the early case of Irlanda vs. Pitarque
(1918) this court laid down the doctrine
OBITER DICTA: that acts or facts admitted does not
(1) The Regalian doctrine and the American require proof and cannot be contradicted
system, therefore, differ in one essential unless it can be shown that the admission
respect. Under the Regalian theory, mineral was made through palpable mistake. The rule
rights are not included in a grant of land was more forcibly stated in the 1918
by the state; under the American doctrine, decision in Ramirez vs. Orientalist Co. an
mineral rights are included in a grant of admission made in a pleading cannot be
land by the government. controverted by the party making such
admission, and all proof submitted by him
B. JUDICIAL ADMISSIONS contrary thereto or inconsistent therewith
Sec. 4: An admission, verbal or written, should simply be ignored by the court,
made by a party in the course of the whether objection was interposed by the
proceedings in the same case, does not opposite party or not (Heirs of Clemenia
require proof. The admission maybe vs. Heirs of Bien, 501 SCRA 405)
contradicted only by a showing that it was
made through palpable mistake or that no b). Joshua Alfelor vs. Hosefina Halasan
such admission was made. (March 31, 2006)

I. CONCEPT- The act or declaration of a The spouses Telesforo and Cecilia Alfelor
party in voluntary acknowledging or died leaving behind several heirs. One of
accepting the truth or existence of a the children was Jose who himself died
certain fact. The admission maybe Judicial leaving behind children and a wife named
or Extra Judicial and in either case, they Teresita. In1998 the heirs filed a
may be oral or written. complaint for partition of the estate of
A. Judicial- those made in the course of their deceased parents. A certain Hosefina
the proceedings of the case in which they Halaan filed a Motion for Intervention
are to be used as evidence. This is claiming she is the legal wife of Jose.
governed by section 4. Teresita and the other petitioners filed a
B. Extra-Judicial- those made elsewhere but Reply in Intervention where Teresita stated
not in the course of the proceedings where she knew of the previous marriage of Jose;
they are to be used as evidence. that Hosefina left Jose in 1959 and there
had been no news of her since then; that
II. Effect of Judicial Admissions: Jose revealed he did not annul his marriage
A. Upon the party making the admission: The to Hosefina because he believed in good
party making the admission is bound by it. faith to Hosefina. During the hearing of
The admission is conclusive as to him. He the Motion for Intervention, Teresita
will not be permitted to introduce evidence admitted several times she knew of the
which will vary, contradict or deny the previous marriage of Jose to Hosefina.
fact he has admitted. Since Hosefina did not appear during the
hearing to support her claim, of being the
1.The exception is found only in those first wife her motion was denied.
rare instances when the trial court, in the
exercise of its discretion and because of Issue: Was there need to prove the
strong reasons to support its stand, may existence of the first marriage?
Held: No. The admission in the Reply in 2. Admissions and Stipulations made during
Intervention and the testimony of Teresita the Preliminary Conference and/or Pre-Trial
as to the previous marriage qualifies as a which are reduced into writing and signed
Judicial Admission. by the party and his counsel.

A party who judicially admits a fact cannot a). But in criminal cases, there can be no
later challenge that fact as judicial stipulation as to circumstances which
admissions are waiver of proof; production qualifies a crime or increase the penalty
of evidence is dispensed with. A judicial to death.
admission also removes an admitted fact b). Example: In criminal cases of theft or
from the field of controversy. robbery there can be stipulation as to the
Consequently, an admission made in the ownership or possessor of the property, the
pleading cannot be controverted by the value thereof; the arrest or surrender of
party making such admissions and are the accused; identity of the accused
conclusive as to that party, and all proof
to the contrary or inconsistent therewith 3. Admissions and stipulations made during
should be ignored, whether objection is the course of the trial itself, which need
interposed by the party or not. The not be reduced in writing
allegation statements or admissions are 4. Compromise agreements, which thus can be
conclusive against the pleader. A party the basis of a judgment which is
cannot subsequently take a position immediately executory.
contrary to or inconsistent with what was 5. Admissions by way of responses or
pleaded. answers to requests for admissions or
interrogatories pursuant to Rule 26 (Modes
B. Upon the opposite party: He need not of Discovery)
introduce any evidence on the matter which
was admitted. B. Involuntary Admissions: those where it
is the law which declares that a party is
III. Sources of Judicial Admissions: deemed to have admitted a fact.

A. Voluntary Admissions 1. Section 8 of Rule 8 directs that (a)

1. Admissions contained in the failure to specifically under oath an
allegations in the pleadings actionable document is an admission of its
a. In a civil case: The plaintiff is bound genuiness and due execution (b) failure to
by the statement of causes of actions in deny the material averments of the
his Complaint including the number, nature Complaint is an admission of the truth
and circumstances thereof, as well as the thereof
statement of facts in support thereof. The
defendant is bound by the facts alleged in C. Effect of a Withdrawn Plea of Guilt: A
the Complaint which he expressly admits in plea of guilty is an admission of the
his Answer; by his own statement of facts; factual allegations of the Information but
by the nature, number and circumstances of not conclusions of law. The former plea is
the defenses contained in his Answer. They not an admission because the accused has
are similar bound by the allegations of the right to change his plea of guilty to
facts in their Reply, Comment or Rejoinder not guilty
to each others pleadings.
III. By Whom Made:
b. As to amended pleadings: one view holds
that the original pleadings ceased to be A. By the parties themselves
part of the records and cease to be B. By the counsel under the principle of
judicial admissions. If at all they may agency: exceptions: In civil cases (i) when
constitute extra-judicial admissions which the admission amounts to a surrender,
will have to be formally offered in waiver, or destruction of the clients
evidence. Another view, as that of Justice cause (ii) if the compromise is for an
F. Regallado says amended pleadings are amount less than that demanded by the
still covered by section 4. client (iii) those which are due to the
gross and inexcusable ignorance or
c. In a criminal case, the narration of negligence of counsel
facts in the body of the Information are In criminal cases:
deemed admissions by the Prosecution Example: PP. vs. Hermones (March 6, 2002).
FACTS: In a prosecution for rape the
counsel for the accused filed a MERALCO failed.
manifestation stating that the accused is
remorseful and was intoxicated when he Held: Yes. The statement in Annex F
raped his foster daughter and he will amounted to an admission, provides a
present evidence of intoxication, plea of contrary answer to Maxicares ridiculous
guilt and lack of intent. Are these contention. We intoned therein that in
conclusive upon the accused? HELD: No. The spite of the presence of judicial
authority of an attorney to bind his client admissions in a partys pleading, the trial
as to any admissibility of fact is limited court is still given leeway to consider
to matters of judicial procedure but not to other evidence presented.
admissions which operate as a waiver,
surrender or destruction of the clients As provided for in Section 4 of Rule 129 of
cause. the Rules of Court, the general rule that a
judicial admission is conclusive upon the
party making it and does not require proof
CASES: PHILIPPINE HEALTH CARE PROVIDERS admits of two exceptions: 1) when it is
(MAXICARE) VS. CARMELA ESTRADA/CARA HEALTH shown that the admission was made through
SERVICES, G.R. NO. 171052. JANUARY 28, palpable mistake, and 2) when it is shown
2008. that no such admission was in fact made.
Facts: Maxicare is a domestic corporation The latter exception allows one to
engaged in selling health insurance plans contradict an admission by denying that he
whose Chairman Dr. Roberto K. Macasaet, made such an admission.
Chief Operating Officer Virgilio del Valle,
and Sales/Marketing Manager Josephine For instance, if a party invokes an
Cabrera were impleaded as defendants- admission by an adverse party, but cites
appellants. On September 15, 1990, Maxicare the admission out of context, then the
allegedly engaged the services of Carmela one making the admission may show that he
Estrada who was doing business under the made no such admission, or that his
name of CARA HEALTH promote and admission was taken out of context.
sell the prepaid group practice health care
delivery program called MAXICARE Plan with This may be interpreted as to mean not in
the position of Independent Account the sense in which the admission is made to
Executive. Maxicare formally appointed appear. That is the reason for the
Estrada as its General Agent, evidenced modifier such.
by a letter-agreement dated February 16,
1991. The letter agreement provided for In this case, the letter, although part of
plaintiff-appellees Estradas compensation Estradas Complaint, is not, ipso facto, an
in the form of commission. Maxicare alleged admission of the statements contained
that it followed a franchising system in therein, especially since the bone of
dealing with its agents whereby an agent contention relates to Estradas entitlement
had to first secure permission from to commissions for the sale of health plans
Maxicare to list a prospective company as she claims to have brokered. It is more
client. Estrada alleged that it did apply than obvious from the entirety of the
with Maxicare for the MERALCO account and records that Estrada has unequivocally and
other accounts, and in fact, its franchise consistently declared that her involvement
to solicit corporate accounts, MERALCO as broker is the proximate cause which
account included, was renewed on February consummated the sale between Meralco and
11, 1991. Plaintiff-appellee Estrada Maxicare.
submitted proposals and made
representations to the officers of MERALCO Moreover, Section 34, Rule 132 of the Rules
regarding the MAXICARE Plan but when of Court requires the purpose for which the
MERALCO decided to subscribe to the evidence is offered to be specified.
MAXICARE Plan, Maxicare directly negotiated Undeniably, the letter was attached to the
with MERALCO regarding the terms and Complaint, and offered in evidence, to
conditions of the agreement and left demonstrate Maxicares bad faith and ill
plaintiff-appellee Estrada out of the will towards Estrada.
discussions on the terms and conditions.
Issue: Whether or not Estrada is entitled APPEALS, G.R. NO. L-29155, 33 SCRA 1 (1970)
to the commission despite her admission FACTS: This is a petition for certiorari by
that the negotiation between her and the UFC against the CA decision of February
13, 1968 declaring the BILL OF ASSIGNMENT dealers, and with instructions to take only
rescinded, ordering UFC to return to the necessary daily employees without
Magdalo Francisco his Mafran sauce employing permanent employees. Again, on
trademark and to pay his monthly salary of December 6, 1961, another memorandum was
P300.00 from Dec. 1, 1960 until the return issued by the same President and General
to him of said trademark and formula. Manager instructing the Assistant Chief
Chemist Ricardo Francisco, to recall all
In 1938, plaintiff Magdalo V. Francisco, daily employees who are connected in the
Sr. discovered a formula for the production of Mafran Sauce and also some
manufacture of a food seasoning (sauce) additional daily employees for the
derived from banana fruits popularly production of Porky Pops. On December 29,
known as MAFRAN sauce. It was used 1960, another memorandum was issued by the
commercially since 1942, and in the same President and General Manager instructing
year plaintiff registered his Ricardo Francisco, as Chief Chemist, and
trademark in his name as owner and inventor Porfirio Zarraga, as Acting Superintendent,
with the Bureau of Patents. However, due to to produce Mafran Sauce and Porky Pops in
lack of sufficient capital to finance the full swing starting January 2, 1961 with
expansion of the business, in 1960, said further instructions to hire daily laborers
plaintiff secured the financial assistance in order to cope with the full blast
of Tirso T.Reyes who, after a series of operation. Magdalo V. Francisco, Sr.
negotiations, formed with others defendant received his salary as Chief Chemist in the
Universal Food Corporation eventually amount of P300.00 a month only until his
leading to the execution on May 11, 1960 of services were terminated on November 30,
the aforequoted "Bill of Assignment" 1960. On January 9 and 16, 1961, UFC,
(Exhibit A or 1). acting thru its President and General
Manager, authorized Porfirio Zarraga and
On May 31, 1960, Magdalo Francisco entered Paula de Bacula to look for a buyer of the
into contract with UFC stipulating among corporation including its trademarks,
other things that he be the Chief Chemist formula and assets at a price of not less
and Second Vice-President of UFC and shall than P300,000.00. Due to these successive
have absolute control and supervision over memoranda, without plaintiff Magdalo V.
the laboratory assistants and personnel and Francisco, Sr. being recalled
in the purchase and safekeeping of the back to work, he filed the present action
chemicals used in the preparation of said on February 14, 1961. Then in a letter
Mafran sauce and that said positions are dated March 20, 1961, UFC requested said
permanent in nature. plaintiff to report for duty, but the
latter declined the request because the
In line with the terms and conditions of present action was already filed in
the Bill of Assignment, Magdalo Francisco court.
was appointed Chief Chemist with a salary
of P300.00 a month. Magdalo Francisco kept ISSUES:
the formula of the Mafran sauce secret to 1. Was the Bill of Assignment really one
himself. Thereafter, however, due to the that
alleged scarcity and high prices of raw involves transfer of the formula for Mafran
materials, on November 28, 1960, Secretary- sauce itself?
Treasurer Ciriaco L. de Guzman of UFC 2. Was petitioners contention that Magdalo
issued a Memorandum duly approved by the Francisco is not entitled to rescission
President and General Manager Tirso T. valid?
Reyes that only Supervisor Ricardo
Francisco should be retained in the factory RULING:
and that the salary of plaintiff Magdalo V. 1. No. Certain provisions of the bill would
Francisco, Sr., should be stopped for the lead one to believe that the formula itself
time being until the corporation should was transferred. To quote, the respondent
resume its operation. On December 3, 1960, patentee "assign, transfer and
President and General Manager Tirso T. convey all its property rights and interest
Reyes, issued a memorandum to Victoriano over said Mafran trademark and formula for
Francisco ordering him to report to the MAFRAN SAUCE unto the Party of the Second
factory and produce "Mafran Sauce" at the Part," and the last
rate of not less than 100 cases a day so as paragraph states that such "assignment,
to cope with the orders of the transfer and conveyance is absolute and
corporation's various distributors and irrevocable (and) in no case
shall the PARTY OF THE First Part ask,
demand or sue for the surrender of its FABIA V IAC, G.R. NO. L-66101, 133 SCRA 364
rights and interest over said MAFRAN (1984)
trademark and mafran formula." However, a
perceptive analysis of the entire GRANADA V PNB, G.R. NO. L-20745, 18 SCRA 1
instrument and the language employed (1966)
therein would lead one to the conclusion
that what was actually ceded and CUNANAN V AMPARO, G.R. NO. L-1313, 80 PHIL.
transferred was only the use of the Mafran 227 (1948)
sauce formula.
This was the precise intention of the JOES RADIO V ALTO ENTERPRISES, G.R. NO. L-
parties. 12376, 104 PHIL. 333 (1958)

The SC had the following reasons to back up TEC BI V CHARTERED BANK, 41 PHIL. 596
the above conclusion. First, royalty was (1916)
paid by UFC to Magdalo Francisco. Second,
the formula of said Mafran sauce was never 3. BURDEN OF PROOF AND EVIDENCE
disclosed to anybody else. Third, the Bill
acknowledged the fact that upon dissolution Section 1. Burden of Proof the Duty of a
of said Corporation, the patentee rights party to present evidence on the facts in
and interests of said trademark shall issue necessary to establish his claim by
automatically revert back to Magdalo the amount of evidence required by law.
Francisco. Fourth, paragraph 3 of the Bill This is also known as the Onus Probandi
declared only the transfer of the use of
the Mafran sauce and not the formula itself
which was admitted by UFC in its answer. I. Introduction.
Fifth, the facts of the case undeniably Relationship between allegation and proof.
show that what was transferred was only the He who alleges must prove. Allegations do
use. Finally, our Civil Code allows only not prove themselves. Although plaintiffs
the least transmission of right, hence, causes of actions are couched in the
what better way is there to show the least strongest terms and most persuasive
transmission of right of the language, the allegations are of no
transfer of the use of the transfer of the consequence unless they are substantiated.
formula itself. Similarly, in criminal cases, the offense
and the aggravating circumstances charged
2. No. Petitioners contention that Magdalo in an Information remain just accusations
Franciscos petition for rescission should until they are shown to be true by the
be denied because under Article 1383 of the presentation of evidence. Defendant is not
Civil Code of the Philippines rescission relieved from liability simply because the
cannot be demanded except when the party raises a defenses.
suffering damage has no other legal means
obtain reparation, was of no merit because II. Distinguished from related concepts:
it is predicated on a failure to 1. Burden of Proof Proper or Burden of
distinguish between a rescission for breach Persuasion or Risk of Non Persuasion- the
of contract under Article 1191 of the Civil duty of the party alleging the case to
Code and a rescission by reason of lesion prove it.
or economic prejudice, under Article 1381, a). This lies with the plaintiff
et seq. This was a case of reciprocal b). This lies too with the defendant as to
obligation. Article 1191 may be scanned his defenses and counter-claim
without disclosing anywhere that the action 2. Burden of Evidence or Burden of Going
for rescission thereunder was Forward- The duty or logical necessity
subordinated to anything other than the imposed upon a party, at any time during
culpable breach of his obligations by the the trial, to establish a prima facie case
defendant. Hence, the reparation of in his favor or to overcome a prima facie
damages for the breach was purely case against him when the prosecution
secondary. Simply put,unlike Art. 1383, has succeeded in discharging the burden of
Art. 1191 allows both the rescission and proof by presenting evidence sufficient to
the payment for damages. Rescission is not convince the court of the truth of the
given to the party as a last resort, hence, allegations in the Information, or has
it is not subsidiary in nature. established a prima facie case against the
accused, the burden of evidence shifts to 2 Lesser liability: the offenses is a
the accused making it incumbent upon him to lesser offense or lesser stage of
adduce evidence in order to meet and commission, or that his participation is of
nullify, if not overthrow, that prima facie lesser degree
evidence. (PP vs. Villanueva, 506 SCRA 3. Mitigating circumstances
3. Points of distinction: VI. Rule as to Negative Allegations
a). The former never shifts but remains
constant with the party while the latter
shifts from one party to the other as the A. General Rule: Negative allegations need
trial progresses not be proved
b). In civil cases where it leis is B. Exceptions:
determined by the pleadings while the
latter is determined by the rules of logic. 1. In civil cases- if it constitutes part
of the statement of the cause of action of
III. Who has the Burden of Proof Proper the plaintiff
a). Actions based on non-payment or non-
1. The general rule is- he who would lose delivery of money or goods
the case if no evidence is presented. Hence b) Actions based on non-compliance with a
it is the plaintiff as to his causes of legal obligation, such as giving of
action, and the defendant as to his support, or of a contractual obligation or
counterclaim. with the terms or conditions of a contract
2. In criminal cases, the burden of proving c). Allegations of lack of due care on the
guilt is always the plaintiff/prosecution. part of the defendant
But if the accused sets up an affirmative
defense, the burden is on him to prove such 2. Criminal Cases:
by clear, affirmative and strong evidence
a). if the negative allegation is an
The foregoing rests on the maxim: EL essential element of the offense charged or
INCOMBIT PROBOTION QUI DECIT NON QUI NEGAT when the charge is predicated on a negative
( He who asserts, not he who denies, must allegation.
prove} i). Lack of permit or license in offenses
involving firearms
IV. The Equipoise Rule: where the evidence ii). Lack of permit or authority to recruit
of the parties is evenly balanced, the case iii). Absence of a Building Permit
will be resolved against the plaintiff, iv).Absence of consent of the victim in sex
thus in criminal cases the accused must be crimes, theft or robbery; Arbitrary
acquitted and in civil cases, the complaint Detention requiring proof of absence of
must be dismissed. formal charges filed within the required
V. What to prove in criminal cases: v). Lack of care or failure to obey traffic
rules, or to take necessary precautions, in
A. By the Prosecution: case of reckless imprudence
1. Each and every element of the crime b). (i) If the negative of an issue does
charged in the Information not permit of direct proof or (ii) the
2. Where there be two or more accused, the facts are more immediately within the
prosecution must prove the conspiracy and knowledge of the accused in which case the
the participation of each of the several onus probandi rest upon the accused ( PP.
accused in the commission of the crime vs. Macalaban, 395 SCRA 461)
3. All aggravating circumstances, whether
ordinary, special or qualifying, as are Example: Rule as to Drug Cases. Unlike in
alleged in the Information offenses involving firearms, the
4. The civil liability based on the crime prosecution has no burden to prove the lack
of authority from the Dangerous Drugs Board
B. By the Accused or government agency for the accused to
1. Non-Liability sell, transport or possess dangerous drugs.
a). His Affirmative Defenses by It is the accused who must prove he is
clear, positive and convincing evidence exempted from obtaining a license or
b). His negative defenses such as permit. The reason is because this is a
denial alibi, or mistake in identity
matter which is purely within his knowledge Thus there is no need to present the
( PP. vs. Johnson, 348 SCRA 526). Bank Representative in case of Violation of
B.P. 22
G. When the Burden of Proof is Dispensed 4. In case of Conflicting Presumptions or
With whenever several presumptions arise from
1. In case of facts which were judicially the same set o facts, the rule is: (1) that
admitted which has the weightier reason prevails
2. As to facts Judicially noticed otherwise all will be considered as equal
3. As to facts conclusively presumed and therefore all will be disregarded and
4. As to facts which are irrelevant (b) Constitutional prevails over statutory
5. As to facts which exclusively within presumptions.
knowledge of the adverse party 5. When there is a presumption of law, the
6. As to negative allegations onus probandi (burden of proof) generally
imposed upon the State, is now shifted to
the party against whom the inference is
READ ANDERSON, SCHUM, TWINING, ANALYSIS OF made to adduce satisfactory evidence to
EVIDENCE, CHAPTERS 8, 9 AND 10 rebut the presumption and hence, to
demolish the prima facie case. Such prima
4. CONCEPT OF PRESUMPTIONS facie evidence, if unexplained or
uncontroverted, can counter balance the
I. Introduction: The facts in issue are presumption of innocence to warrant a
either (i) proved by the presentation of conviction ( Wa-acon vs. PP)
testimonial, documentary or object evidence
or they are (ii) presumed a. PRESUMPTIONS OF FACT
II. Concept: An assumption or conclusion as b. PRESUMPTIONS OF LAW
to the existence of a fact based on another i. CONCLUSIVE PRESUMPTIONS
fact or group of facts which were already ii. DISPUTABLE PRESUMPTIONS
established. These are based on human
experience or common sense, or laws of V. Components of a Presumption
III. Classification: 1. The Ultimate Fact or the Presumed Fact

Praesumption Legis: these are presumptions 2. The basic fact or factual basis because
which the law directs to be made by the a presumption can not arise or be based on
court another presumption. This may either be:
a). Juris tantum- or prima facie,
rebuttable or disputable presumption or a). A fact within Judicial Knowledge in
those which may be overcome or disproved which case the presumption becomes
b). Juris et de Jure: conclusive or those operative at the moment the case is
which the law does not allow to be filed or at any time thereafter. The basic
contradicted fact need not be proven.
c). Statutory and Constitutional
For example: The presumption of innocence
Praesumption Hominis (Fact) these are becomes operative the moment an Information
presumptions which may be made as a result is filed in Court. So also the presumption
of the mental processes of inductive or of sanity of parties and witnesses or the
deductive reasoning from a fact presumption of good moral character of
every party arises whenever a case is filed
IV. Evidentiary Value: in court and at the time the witnesss
1. Presumptions cannot substitute for
evidence. They are to be indulged in only b). The basic fact which must be proven.
when there is no evidence as to the fact in
issue or there is great difficulty in For example: The presumption of a child
obtaining direct evidence of the fact in being that of the husband arises only after
issue it is proven: that the parents were validly
2. Once there is evidence of the fact in married and the child was born thereafter.
issue, the presumption ceases The presumption that a public officer was
3. The role and importance of presumptions regularly appointed or elected after it is
is to relieve a party of the difficulty of first shown he was acting as a public
complying with the burden of proof.
officer. Likewise the presumption of husband, concealed her true status induce
survivorship. her parents to believe she is single and to
a property which in truth is conjugal. The
Note: There must be a rational connection husband cannot deny the validity of the
between the Ultimate Fact and the Basic deed
Fact c). The heirs who represented the minors in
a suit for partition cannot impugn the
Sec. 2 Conclusive Presumptions: The validity of the judgment for lack of proper
following are instances of conclusive authorization
presumptions . d) Jurisdiction by estoppel
e). Agency/Partnership by estoppel
1. Estoppel in Pais: whenever a f) But estoppel does not apply to the
party has, by his own declaration, act or government for acts of the public
omission, intentionally and deliberately officials
led another to believe a particular thing
to be true, and to act upon such belief, he C. Estoppel Against a Tenant
cannot in any litigation arising out of 1. The relationship is that between parties
such declaration, act or omission, be to an original contract of lease (not
permitted to falsify it. sublease) involving a real property . The
tenant refers to the lessee. What is deemed
2. Estoppel Against a Tenant: the conclusive as to the tenant is the
tenant is not permitted to deny title of ownership of the lessor over property.
his landlord at the time of the 2. The lessee cannot use his
commencement of the relation of landlord physical possession over the property as
and tenant between them . basis to dispossess the lessor of the
latters ownership. The law seeks to
A. Estoppel in General: a principle which protect owners of real property from being
bars a person from denying or asserting deprived of their ownership by those in
anything to the contrary of that which has actual physical possession who are their
been established as the truth arising from own lessees.
his own acts or representations. It may be: 3. However the downside of the law is that
(1). Estoppel in Pais or equity (2).By it does not jibe with the proposition that
deed i.e document and (3). By Record or the land should be owned by those who
Judgment i.e those found and established as actually till and utilize the land over
true by a court of competent jurisdiction those whose sole connection to the land is
merely a piece of document.
B. Estoppel in Pais: The essence is 4. However, the lessee may assert ownership
intentional misrepresentation if after the lease, he acquires the
property is in his own right, such as when
1. Requirements: he buys it in an execution sale
a). As to the party estopped: (i). a
conduct amounting to false representation Sec. 3. Enumerates the disputable
or concealment of material facts (ii). an presumptions which are applicable in civil,
intention that the conduct be acted upon or criminal, political, commercial and
that it will influence the other party remedial laws.
and (iii) knowledge of the true facts
b). As to the party claiming estoppel: (i) B ADMISSIBILITY
an absolute lack of knowledge or of the
means of knowledge as to the true facts, Section 3 Rules of Court. Admissibility of
not lack of diligence (ii) reliance in good evidence- Evidence is admissible when it is
faith upon the conduct of the other party relevant to the issue and is not excluded
and (iii) the action or inaction resulted by law or these rules.
to his damage or injury
I. Introduction.
2. Illustrations A. Admissibility- the character or quality
a). A man who represents himself to be the which any material must necessarily possess
true owner in a sale will not be permitted for it to be accepted and allowed to be
later to deny the sale after he acquire presented or introduced as evidence in
title thereto court. It answers the question: should the
b). Estoppel to deny validity of sale as court allow the material to be used as
when the wife, in collusion with the evidence by the party?
B. Weight- the value given or significance a). collateral matters-facts or matters
or impact, or importance given to the which are not in issue. They are not
material after it has been admitted; its generally allowed to be proven except when
tendency to convince or persuade. Hence a relevant.
particular evidence may be admissible but b) In criminal cases, the collateral
it has no weight. Conversely, an evidence matters allowed to be proven, being
may be of great weight or importance but it relevant include:
is not admissible. (i). Antecedent Circumstances, or those in
existing even prior to the commission of
II. Conditions for admissibility (Axioms of the crime. They include such matters as
admissibility per Wigmore) habit, custom, bad moral character when
self defense is invoked; or plan design,
A. RELEVANCY (None but facts having conspiracy, or premeditation, agreement to
rational probative value are admissible). a price, promise or reward
Per section 4, Evidence must have such a (ii) Concomitant circumstances or those
relation to the fact in issue as to induce which accompany the commission of the crime
belief in its existence or non-existence. such as opportunity to do the act or
(iii).Subsequent circumstances or those
1. The material presented as evidence must which occur after the commission of the
affect the issue or question. It must have crime, such as flight, escape, concealment,
a bearing on the outcome of the case. It offer of compromise
requires both:
a). rational or logical relevancy in that c). Example: Motive is generally irrelevant
it has a connection to the issue and and proof thereof is not allowed except:
therefore it has a tendency to establish when the evidence is purely circumstantial,
the fact which it is offered to prove. The when there is doubt as to the identity of
evidence must therefore have probative the accused, or when it is an element of
value the crime.
b). legal relevancy in that the evidence is
offered to prove a matter which has been B. COMPETENCY (All facts having rational
properly put in issue as determined by the probative value are admissible unless some
pleadings in civil cases, or as fixed by specific law or rule forbids). In short the
the pre-trial order, or as determined by evidence is not excluded by law or rules.
substantive law. If so the matter has
III. Principles which exclude relevant or
Illustration: (i). Criminal case: the fact material evidence:
that the crime was committed at nighttime
is rationally or logically relevant to a A. The Exclusionary Rule Principle - the
killing at 12 midnight but evidence thereon principle which mandates that evidence
would be not be legally relevant if obtained from an illegal arrest,
nighttime was not alleged in the unreasonable search or coercive
Information. It would be immaterial. (ii) investigation, or in violation of a
Civil Case: In an action for sum of money particular law, must be excluded from the
based on a promissory note, evidence that trial and will not be admitted as evidence.
the defendant was misled into signing the
note would be rationally relevant but if 1. The principle judges the admissibility
fraud was never alleged as a defense, then of evidence based on HOW the evidence is
evidence thereof would be legally obtained or acquired and not WHAT the
irrelevant or immaterial. evidence proves.
2. The principle is to be applied only if
The components of relevancy are it is so expressly provided for by the
therefore probative value and materiality. constitution or by a particular law. Even
if the manner of obtaining the evidence is
2. Rule as to collateral matters: Evidence in violation of a certain law but the law
on collateral matters shall not be allowed, does not declare that the evidence is
except when it tends in any reasonable inadmissible, then such evidence will be
degree to establish the probability or admissible.
improbability of the facts in issue
Example: The accused claimed that
information about his bank accounts i.e.
trust funds, was obtained in violation of police went to the house of X and with the
the Secrecy of Bank Deposits Law (R.A. consent of X, searched his room and found
1405) and moved to have them be excluded as the shabu. The confession is inadmissible
evidence. HELD: R.A. 1405 nowhere provides because of the exclusionary. It is the
that an unlawful examination of bank poisoned tree. The shabu is inadmissible
accounts shall render the evidence there because knowledge of its existence was
from inadmissible in evidence. If Congress based on the confession. It is the fruit.
has both established a right and provided
exclusive remedies for its violation, the D. Exceptions to the two principles- when
court would encroaching upon the evidence is still admissible despite the
prerogatives of congress if it authorizes a commission of an illegal arrest, search or
remedy not provided for by statute. Absent interrogation, or violation of a particular
a specific reference to an exclusionary exclusionary law.
rule, it is not appropriate for the courts
to read such a provision into the act. 1. Under the Doctrine of Inevitable
( Ejercito vs. Sandiganbayan, 509 SCRA 190, Discovery- Evidence is admissible even if
Nov. 30, 2006). obtained through an unlawful arrest,
search, interrogation, or violation of an
3. The phrase is attributed to Justice exclusionary law, if it can be established,
Felix Frankfurter of the U.S. Supreme and to a very high degree of probability, that
has its biblical reference to Mathew 7: 17- normal police investigation would have
20. inevitably led to the discovery of the
B. The Doctrine of the Fruit of the
Poisonous Tree 2. Independent Source Doctrine- evidence is
admissible if knowledge of the evidence is
1. Evidence will be excluded if it was gained from a separate or independent
gained through evidence uncovered in an source that is completely unrelated to the
illegal arrest, unreasonable search or illegal act of the law enforcers.
coercive interrogation, or violation of a
particular exclusionary law. 3. Attentuation Doctrine: evidence maybe
2. It is an offshoot of the Exclusionary suppressed only if there is a clear causal
Rule which applies to primary evidence. The connection between the illegal police
doctrine applies only to secondary or action and the evidence. Or, that the chain
derivative evidence. There must first be a of causation between the illegal action and
primary evidence which is determined to the tainted evidence is too attenuated i.e
have been illegally obtained then secondary too thin, weak, decreased or fragile. This
evidence is obtained because of the primary takes into consideration the following
evidence. Since the primary evidence is factors:
inadmissible, any secondary evidence
discovered or obtained because of it may a). The time period between the illegal
not also be used. arrest and the ensuing confession or
a. The poisonous tree is the evidence consented search
seized in an illegal arrest, search or b). The presence of intervening factors or
interrogation. The fruit of this poisonous events
tree is evidence discovered because of c). The purpose and flagrancy of the
knowledge gained from the first illegal official misconduct
search, arrest, or interrogation or
violation of a law. E. Remedy: By filing a Motion to
b. It is based on the principle that Suppress the Evidence
evidence illegally obtained by the state
should not be used to gain other evidence III. Evidence Excluded by the Constitution
because the original illegally obtained
evidence taints all those subsequently
obtained. A. Under Article III of the Constitution
the following evidence are inadmissible
C Illustrations: 1. evidence obtained in violation of the
right against unreasonable search and
A suspect as forced to make a confession seizure
where he revealed he took shabu from the 2. evidence obtained in violation of the
room of X. Based on this knowledge the privacy of communication and
correspondence, except upon lawful order of individual and the constitutional
the court or when public safety or order protection is available to him or her
requires otherwise
3. evidence consisting of extra-judicial 3. Secondary evidence resulting from a
confessions which are uncounselled, or when violation of the foregoing provisions is
the confessant was not properly informed of inadmissible under the Fruit of the
his constitutional rights, or when the Poisonous Tree Doctrine.
confession was coerced
4. evidence obtained in violation of the IV. R.A. 4200 ( The Anti Wire Tapping Law)
right against self-incrimination Exclusion as to evidence obtained through
mechanical, electronic or other
B. Principles: surveillance or intercepting devises.
(Intercepted communications)
1. The exclusionary rule in all the
foregoing provisions is TOTAL in that the A. Coverage: R.A 4200 declares that
inadmissibility or incompetency applies to evidence is inadmissible if obtained
all cases, whether civil criminal or through any of the following ways:
administrative, and for all purposes.
2. The incompetency applies only if the 1. By using any device to secretly
evidence was obtained by law enforcers or eavesdrop, overhear, intercept or record
other authorized agencies of the any communication or spoken word
government. It does not apply if the
evidence was obtained by private persons a. The person who obtained the evidence may
such as private security personnel or be a third person or a participant in the
private detectives even if they perform conversation or communication.
functions similar to the police whenever a
crime was committed. FACTS: Ramirez and Garcia had a
a). Thus evidence obtained by the confrontation in the office of Garcia.
following are not covered by the Ramirez secretly taped their verbal
constitutional provisions: (i) the confrontation and used it as evidence in
security personnel or house detectives of her action for damages against Garcia who
hotels or commercial establishments or in turn filed a criminal case against
schools (ii) private security agencies even Ramirez for violation of R.A. 4200. Ramirez
if they are guarding public or government held that the taping by a participant to a
buildings/offices (iii) employers and their conversation is not covered by the law.
HELD: 1. The law does not make a
It will be some other appropriate principle distinction as to whether the party sought
on the admissibility of evidence which will to be penalized is a party or not to the
govern. private conversation. 2. The nature of the
conversation is immaterial What is
b). However, by way of exception, the rule penalized is the act of secretly
of incompetency applies if what are overhearing, intercepting, or recording
involved are the private correspondence of private communications by the devices
an individual. In Zulueta vs. CA ( Feb. enumerate under Section 1. (Ramirez vs.
1986) it was held that pictures and love C.A., September 28, 1995)
letters proving the infidelity of the
husband, kept by him in his private clinic, b. To be admissible the consent of the
taken by the wife without the knowledge of person speaking or of all the parties to
the husband, are inadmissible as evidence the conversation. However consent is not
for being obtained in violation of the necessary if the words which were taped or
husbands privacy of communication and recorded were not intended to be
correspondence. confidential as when the were intended to
The intimacies between husband and wife be heard by an audience or when uttered
do not justify anyone of them breaking the under circumstances of time, place,
drawers and cabinet of the other and occasion and similar circumstances whereby
ransacking them for any telltale evidence it may reasonably be inferred that the
of marital infidelity. A person, by conversation was without regard to
contracting marriage, does not shed his or the presence of third persons.
her integrity or his right to privacy as an
c. Questions:
i). Does this apply if the recording of the ( The Human Security Act of 2007) in
words was unintentional or inadvertent, connection with the crimes of terrorism or
such as conversations captured by a moving conspiracy to commit terrorism. If granted
video camera? the authority covers written
ii). Are conversations in a police communications.
entrapment included?
iii). Is lip-reading included?
iv). Are conversations captured in VI. Exclusion by Certain Rules of Evidence
surveillance cameras included?
v). Does this apply to secret taping 1. The rule excluding secondary evidence
through spy cameras purposely made to be when the primary or best evidence is
aired in television programs, such as available
Bitag, XXX and Cheaters? 2. The rule excluding hearsay evidence
vi). Are the gestures, snores, laughs, 3. The rule excluding privilege
weeping, included as communication or communications
spoken words?
vii). What about satellite discs and VII. Kinds of Admissibility
similar facilities? Google earth?

2. By the unauthorized tapping of any wire A. Multiple Admissibility: when a material

or cable as to communications used via is asked by a party to be admitted as
telephone/cable, as opposed to verbal evidence, the party presenting must inform
communications. the court of the purpose which the material
is intended to serve and the court then
a). There must be a physical interruption admits the material as evidence. Multiple
through a wiretap or the deliberate admissibility may mean either (i) the
installation of a device or arrangement in evidence is admissible for several purposes
order to over hear, intercept, or record or (ii) an evidence is not admissible for
the spoken words. one purpose but may be admitted for a
i). hence over hearing through an extension different purpose if it satisfies all the
telephone wire is not included even if requirements of the other purpose
intentional because each party to a 1. Examples of the first concept: (a) a
telephone conversation takes the risk that knife may be admitted to prove the accused
the other party may have an extension was armed with a deadly weapon; to prove
telephone and may allow another to overhear the weapon is far deadlier than the weapon
the conversation ( Ganaan vs. IAC, 1986) of the victim; to prove it was the weapon
ii). Does the Ganaan ruling apply to of the accused which cause the wounds and
overhearing by telephone operators of not some other instrument; to corroborate
hotels, schools, hospitals and similar the statement of a witness who claims he
establishments? saw the accused holding a bladed
B. Exceptions: when evidence through secret 2. Example of the second concept: (a). the
recording or tapping is admissible extra judicial confession of one of several
accused may not be admitted to prove there
1. When Judicial Authorization was granted was conspiracy among them or to prove the
upon a written petition filed pursuant to guilt of the other co-accused but it maybe
the provisions of R.A. 4200 if the crimes admitted to prove the guilt of the
involve (a). treason (b) espionage (c) confessant (b) the statement of the victim
provoking war and disloyalty ( d). piracy may not be admitted as a dying declaration
and mutiny in the high seas (e) sedition, but as part of the res gestae.
inciting to sedition (g)kidnapping (h)
other offenses against national security.

The list is exclusive and does not include B. Curative admissibility or fighting fire
offenses which are equally or more serious with fire or Opening the Door
as those enumerated, such as drug 1. This applies to a situation when
trafficking, kidnapping, Trafficking in improper evidence was allowed to be
Persons, Rape, Murder. presented by one party, then the other
party may be allowed to introduce or
2.When Judicial Authorization is granted present similar improper evidence but only
upon a written petition under R.A. 9372 to cure or to counter the prejudicial
effect of the opponents inadmissible
evidence. B. Limitations:
2. The party presenting must have raised an
objection to the improper evidence, for if 1. Evidence may be excluded even if
he did not, then it is discretionary for relevant if its probative value is
the court to allow him to present curative outweighed by the risk that its admission
evidence will cause:
3. The evidence sought to be countered a). undue or unfair prejudice
should not refer to those which are b). confusion of the issues
incompetent due to an exclusionary rule c). misleads the court
4. Example: P vs. D for sum of money. P was d). undue delay or waste of time
allowed to introduce evidence that D did
not pay his debt as shown by his refusal to 2. The court has the power to limit the
pay his indebtedness to X, Y and Z. presentation of additional evidence which
Defendant may introduce evidence that he are but cumulative, or to prove points
paid his debts to A, B and C. which a party has already well presented
C. Conditional Admissibility: An evidence b. NOT PROHIBITED BY THE LAW
is allowed to be presented for the time 6. CONCEPT OF RELEVANCE AND CONDITIONAL
being or temporarily, subject to the ADMISSIBILITY
condition that its relevancy or connection
to other facts will later be proven, or PRATS AND CO. V. PHOENIX INSURANCE CO., 52
that the party later submit evidence that PHIL. 807 (1929)
it meets certain requirements of the law or FACTS: Prats & Co., a mercantile
rules. If the conditions are not later met, partnership instituted an action in the RTC
the evidence will be stricken from the of the City of Manila for recovery from the
record. Phoenix Insurance Co. the sum of
P117,800.60 with interest, by reason of a
1. Example: A Xerox copy of a document may loss alleged to have been sustained by the
be allowed to presented subject to the plaintiff from a fire for said loss was
condition that the original be later covered by insurance issued by the
presented defendant company. Phoenix Insurance
2. Example: P vs. D to recover a parcel of admitted the insurance of the insurance but
land. P presents a document that the land by way of special defense, alleged that the
belonged to X. If D objects to it as being fire in question had been set by the
irrelevant, P can state that he will alter plaintiff, or with its connivance, and the
show that X sold the land to Y who in turn plaintiff had submitted under oath to the
sold it to Z and then to P. The Court may defendant a fraudulent claim of loss in
admit the document conditionally. contravention of the express terms of the
policy. The trial court absolved the
defendant from the complaint with respect
VIII. Policy on the Admissibility of to the obligation created by the policy but
Evidence ordered the defendant to pay to the
A. Policy of Liberality: In case a question plaintiff the sum of P11, 731.93 with
arises as to whether or not a particular interest from the filing of the complaint,
material should be admitted as evidence, upon account of moneys received from
Courts are given wide discretion what salvage sales, conducted by the defendant,
to admit and to be liberal in admitting of remnants of the insured stock.
materials offered as evidence, unless the ISSUE: Whether or not the petitioner caused
material is clearly incompetent. The the fire to be set or connived therein and
reasons are: (i) so that it may have a submitted fraudulent proof as the trial
substantial range of facts as basis for judge found.
deciding the case and (ii) in case of RULING: YES. The proof submitted by the
appeal the appellate court may have before defendant tends to show that obscure
it all the evidence to determine whether manipulations were used by the plaintiff in
the decision appealed from is in accordance the storing of merchandise at 95 Plaza
with the evidence, (iii) to minimize any Gardenia and in the removal of part of the
adverse effect of the non-admission upon contents of the bodega before the fire. It
the party affected. appears that cases of old stock were
shipped to Manila before the fire but B. Those which consists of the results of
instead of being taken directly to the inspections of things or places conducted
bodega they were housed for a time in the by the court ( ocular inspections) outside
back part of the lower floor where the the court
petitioner had office. Also, the 1. The observations made by the parties are
manipulation of one of their people to duly recorded, pictures and other
attend to the alarm box not to allow others representations may be made such as
to touch it and reasoned out that he sketches and measurements
already have done it, when in fact the fire 2. Examples: inspection of the crime scene;
chief noticed that it was never touched and disputed boundaries; objects which cannot
he himself turned on the alarm. The be brought to court
finding of the trial court in the effect C. Those which consists of the results of
that plaintiff had submitted false proof in experiments, tests or demonstrations, which
the support of his claim is also well may be scientific tests/experiments, or
founded. First, the plaintiff had submitted practical tests/demonstrations provided the
a claim for jewelry lost in the fire as of conduct of experiments/tests is subject to
a value of P 12,800 when the true value of the discretion of the court.
the said jewelry was about P 600; and 1. Forensics or Microanalysis: the
secondly, that the plaintiff had sought to application of scientific principles to
recover from the insurance company the answer questions of interest in the legal
value of the goods which had been system. Applied most often in the
surreptitiously withdrawn by it from the examination of Trace Evidence to solve
bodega prior to the fire. As a conclusion, crimes based on the Principle of Contact
not only that the plaintiff caused the fire a). Trace Evidence- evidence found at a
to be set, or connive therein, but also crime scene in small but measurable amounts
that it submitted fraudulent proof. such as hairs, fibers, soils, botanical
materials, explosive residue
PEOPLE V. ABALOS, 30 SCRA 599 b) Principle of Contact: every person who
is physically involved in a crime leaves
7. NOT PROHIBITED BY THE RULES, GENERAL some minute trace of his/her presence in
PRESENTATION the crime scene or in the victim and often
takes something away from the crime scene
A. OBJECT EVIDENCE and/or victim

Section1. Object as evidence. Object as i. CONCEPT

evidence are those addressed to the senses ii. DEMONSTRATIVE EVIDENCE
of the court. When an object is relevant to iii. PRESENTATION
the fact in issue, it may be exhibited to, B. DOCUMENTARY EVIDENCE
examined or viewed by the court. i. BEST EVIDENCE RULE
I. COVERAGE: The definition covers any ii. PAROLE EVIDENCE RULE
material that may be seen, heard, smelled, iii. PRIVATE AND PUBLIC IV, PRESENTATION
felt, or touched. They are the sensual
evidence and are grouped into: Sec. 2. Documents as evidence consist of
A. Those exhibited to the Court or writing or any material containing letters,
observed by it during the trial words, numbers, figures or other modes of
1. The weapons used, the articles recovered written expressions offered as proof of
or seized as subjects of an offense, the their contents.
effects of the crime, clothing apparels
2. The wound or scars in the body in I. Kinds of Documentary Evidence
physical injury cases
3. Inspection of the body of the accused A. Writings or Paper Based Documents
and his personal appearance to determine B. Or Any other material refers to any
his body built, physique, height, racial other solid surface but not paper such as
characteristics, and similarities with blackboard, walls, shirts, tables, floor.
another, in paternity suits 1). As in a contract painted on the
4. Observations as to the demeanor of wall
witnesses 2). They include pictures, x-rays,
5. Re-enactment or demonstrations of videos or movies.
actions Note: Both kinds maybe handwritten,
typewritten, printed, sketched or drawings
or other modes of recording any form of
communication or representation. Example: can be no evidence of the contents other
The Rebus, Secret Codes. than the original of the document.

C. Electronic Evidence pursuant to the I. Section 3 states the general rule when
Rules of Electronic Evidence effective the original of a document is to be
August 01, 2001. which provides : presented and the four exceptions to the
rule. Hence the best evidence rule is often
1) Rule 3 section 1: Electronic evidence referred to loosely as the the Original
as functional equivalent of paper-based Document rule. It is thus a rule of
documents- Whenever a rule of evidence preference in that it excludes secondary
refers to the term writing, document, evidence once the original is available.
records, instrument, memorandum or any
other form of writing, such term shall be II. When the Original Is to Be Presented:
deemed to include an electronic document.
A. If the subject of inquiry is the
2) Electronic document refers to contents of the document. This means the
information or to the presentation of cause of action or defense is based on what
information, data, figures or symbols or are contained in the document i.e. the
other modes of written expression, terms and conditions, the entries, data or
described or however represented, by which information written on the document. This
a sight is established or an obligation means the plaintiff is either enforcing a
extinguished, or by which a fact maybe right based on, or created, by a document
proved and affirmed, which is received, or a party is seeking non-liability by
recorded, transmitted, stored, processed, virtue of the contents of a document.
retrieved or produced electronically. Examples:

3) It includes digitally signed documents 1. Enforcement of a contract, collection of

and any printout or output, readable by money based on a promissory note, damages
sight or other means which accurately for failure to comply with the terms of a
reflects the electric data message or written agreement
electronic document. For purposes of these 2. Defense of release, payment, novation,
rules the term electronic document maybe condonation, as embodied in a written
used interchangeably with electronic data document
message 3. In criminal cases: where the act
complained of is made upon or contained or
4). Rule 3 section 2: An electronic evidenced by a document such as in
document is admissible in evidence if it falsification, perjury, bigamy,
complies with the Rules of Admissibility malversation, estafa, issuance of a watered
prescribed by the Rules of Court and check
related laws and is authenticated in the
manner prescribed by these rules. B. When the rule does not apply even if an
i) There are three requirements for existing and available original document is
admissibility: relevancy, competency and involved:
proper authentication.
1. Generally if the contents were never
D. Text messages are electronic evidence disputed as in the following:
being ephemeral electric communications.
They maybe proven by the testimony of a a). when the question refers to the
person who was a party to the same or who external facts about the document such as
has personal knowledge thereof such as the whether it exists or not, whether it was
recipient of the messages ( Nunez vs. Cruz executed, sent, delivered or received
Apao 455 SCRA 288) b). when the writing is merely a collateral
fact, as when a witness refers to a writing
II. Rules governing the admissibility of of a conversation which he heard and then
documents include the Best Evidence Rule jotted down or when the writing is used
and the Parole Evidence Rule. merely as a point of reference
c). when the contents were admitted
SEC. 3. BEST EVIDENCE RULE d). the writing is treated as an object
2. when there was failure to deny
The General Rule: If the subject of specifically under oath the due execution
inquiry is the contents of a document there and genuiness of the document
( Consolidated Bank vs. Del Monte Motors, EXCEPTIONS: WHEN SECONDARY EVIDENCE MAYBE
July 29, 2005) PRESENTED

III. Justifications for the rule. I. Secondary Evidence: refers to any

1. To ensure accuracy and to avoid evidence to prove the contents of a
the risk of mistransmission of the document other than the original of the
contents of a writing arising from (i) the said writing. It maybe oral or written.
need of precision in presenting to the
court the exact words of a writing II. First Exception: When the original has
specially in operatative or been lost, destroyed, or cannot be produced
dispositive instruments such as deeds, in court without bad faith on the part of
will and contracts, since a slight the offeror.
variation in words may mean a great 1. Lost/destroyed: the original is no
difference in rights (ii) substantial longer in existence
danger of inaccuracy in the human process 2. cannot be produced in court- the
of making a copy and (iii) as respect oral original exist but either (i) it is of a
testimony purporting to give from nature that it is physically impossible to
memory the terms of a writing, there is bring it in court as in the cases of a
special risk of error. painting on a wall or tombstone or it
2. To prevent the possibility of the consists of the data stored in a computer
commission of fraud or perjury, or (ii) would entail great inconvenience,
substitution expense or loss of time if brought to
court, as in the case of a writing on a
IV. Illustrations rock (iii) it is outside the Philippine
1. The Marriage Contract as to the date, territory
place, the parties and solemnizing officer 3. without bad faith on the part of the
2. The Insurance Contract/Policy as to the offeror- the lost or unavailability was
coverage of the insurance not due to the act or negligence of the
3. The deed of sale as to the party presenting secondary evidence, or if
consideration, terms and conditions of the due to the act or fault of a third person,
sale then the offeror had no part therein.
4. The lease contract as to the terms 4. Procedural requirement: Foundation or
thereof Order of Proof is (i) existence (ii)
5. The sworn statement as to perjury execution (iii) loss and (iv). contents.
6. In case of libel based on a published Thus:
article, the newspaper containing the (i). Proof of the existence and the due
article execution of the original through the
7. The certified copy of the original testimonies of the persons who executed the
judgment of conviction to prove the prior document; the instrumental witnesses; by an
conviction to constitute recidivism or eyewitness thereof; who saw it after its
habitual delinquency execution and recognized the signatures
therein; by the person before whom it was
V. The Gregorio Doctrine: In criminal cases acknowledged, or to whom its existence was
of falsification, it is indispensable that narrated
the judge have before him the document
alleged to have been simulated, Exception: Ancient documents.
counterfeited or falsified unless:
(ii). Proof of the fact of loss or
1. The original is in the possession of the destruction of the original through the
adverse party/accused who refused to testimonies of (a) anyone who knew of the
deliver or present the same despite demand fact of the loss as in the case of an
2. The original is outside of the eyewitness to the loss or testimony of the
Philippines and which, for official last custodian (b) any who made a diligent
reasons, cannot be brought to the search in the places where the original was
Philippines. Example: The originals are US expected to be in custody and who failed to
Treasury Warrants which are with the US locate it (c) one specially tasked to
Treasury Department in which case photostat locate but was unable to find the original,
copies are admitted as in the case of a detective.

VI. The Rule may be waived expressly or by

failure to object
If the original consists of several copies, both the birth certificate or authentic
all must be accounted for and proven to be documents and the testimonies of the
lost. victims mother or other qualified
(iii). Proof of lack of bad faith on the relatives are unavailable, the testimony of
part of the offeror the victim ( a minor 6 years of age) maybe
(iv). Proof of the contents by secondary admitted in evidence provided it is
evidence according to the Order of expressly and clearly admitted by the
Reliability i.e.: accused.
a). By a copy whether machine made or
handmade so long as it is an exact copy . 2. Having failed to raise a valid and
It need not be a certified copy timely objection against the presentation
of this secondary evidence the same became
(b). By its Recital of the Contents in some a primary evidence and deemed admitted and
Authentic Document_ a document whether the other party is bound thereby.
public or private, which is shown to be
genuine and not manufactured or spurious, III. Second Exception: When the original is
and which narrates, summarizes or makes in the adverse partys custody and control.
reference to the contents of the original
document. A. The Foundation consists of the
Examples: personal diaries; letters; following:
annotation of encumbrances at the back of
the title; drafts or working papers; 1. Proof of the Existence and Due Execution
minutes and recordings by secretaries; of the Original
memoranda by an employer to a secretary or
employee; the baptismal records as to the 2. Proof that the original is in the (a)
age of a person. actual physical possession/custody or (b)
control i.e. possession or custody by a
Recollection or testimony of a witness third person for and in behalf of the
such as the parties, instrumental witnesses adverse party, as that of a lawyer, agent
and signatories thereto; one who read the or the bank.
original; one present when the terms were
discussed or to whom the contents were Maybe by the testimony of he who delivered
related. the document; registry return receipt by
The testimony need not accurate as the Post Office or some other commercial
long as the substance is narrated. establishments engaged in the delivery of
articles and the receipt thereof, or by one
5. If the offeror failed to lay the proper who witnessed the original being in the
foundation but the opposing party did not possession of the adverse party.
make any objection, the secondary evidence
may be treated as if it were on the same 3. Proof that reasonable notice was given
level as the original and given the same to the adverse party to produce the
weight as an original. original: the notice must specify the
document to be produced.
Illustration: PP. vs. Cayabayab (Aug. 03,
2005). In a rape case the prosecution a) If the documents are self incriminatory,
presented a photocopy of the birth notice must still be sent as the adverse
certificate of the victim to prove her age party may waive the right
and which was not objected to. The b) The notice may be a formal notice or an-
admissibility and weight were later on-the-spot oral demand in court if the
questioned in the Supreme Court. documents are in the actual physical
possession of the adverse party.
1. The best evidence to prove a persons
age is the original birth certificate or 4. Proof of failure or refusal to produce.
certified copy thereof; in their absence,
similar authentic documents maybe presented B. Effects of refusal or failure to
such as baptismal certificates and school produce:
records. If the original or certified true 1. The adverse party will not be permitted
copy of the birth certificate is not later to produce the original in order to
available credible testimony of the mother contradict the other partys evidence
or a member of the family maybe sufficient
under the circumstances. In the event that
2.. The refusing party maybe deemed to have 3. The state of health of an individual
admitted in advance the accuracy of the maybe established through the testimony of
other partys evidence the physician
3. The admission of secondary evidence and 4. The published financial statement of SLU
its evidentiary value is not affected by as appearing in the White and Blue
the subsequent presentation of the
original. V. Fourth Exception: When the original is a
4. Example: In G&M Phil. Inc. vs. Cuambot public record in the custody of a public
it was held: the failure (of the official or is recorded in a public office
employer) to submit the original copies of
the pay slips and resignation letter raises A.. The documents involved: (a) a strictly
doubts s to the veracity of its claim that public document such as the record of
they were signed by the employee. The birth, the decision of a court and (b) a
failure of a party to produce the original private document which was made part of the
of a document which is in issue has been public record, such as a document of
taken against such party, and has been mortgagee involving a registered land and
considered as a mere bargaining chip, a submitted of the Office of the Register of
dilatory tactic so that such party would be Deeds
granted the opportunity to adduce
controverting evidence B. Reason: The Principle of Irremovability
of Public Records i.e. public records
C. Proof of the contents is by the same cannot be removed or brought out from where
secondary evidence as in the case of loss. they are officially kept. Reasons: (i) the
records should be made accessible to the
IV. Third Exception: When the original public at all times (ii) the great in
consists of numerous accounts or other convenience caused to the official
documents which cannot be produced in court custodian if he were called to present the
without great loss of time and the fact records to the court every now and then and
sought to be established there from is only (iii) to guard against the possibility of
the general result of the whole. loss/destruction of the documents while in
A. This is based on practical convenience
B. The Foundation includes: C. Exception or when the original has to be
presented. Only upon prior Order from the
1. Proof of the voluminous character of the court as when an actual inspection is
original documents necessary for the proper determination of
2. Proof the general result sought is the case, as in cases of falsification
capable of ascertainment by calculation or pursuant to the Gregorio Doctrine. In the
by a certain process, procedure or system absence of a court order, the official may
3. Availability of the original documents be liable for infidelity in the custody of
for inspection by the adverse party so that documents.
he can inquire into the correctness of the
summary D. Secondary evidence allowed:
1. A certified copy issued by the official
C. How the general result is introduced: custodian bearing the signature and the
(a) by the testimony of an expert who official seal of his office. When presented
examined the whole account or records (b) the document must bear the documentary and
by the introduction of authenticated science stamp and the accompanied by the
abstracts, summaries or schedules official receipt of payment of the copy
2. An official publication thereof
D. Illustrations:
1. The income of a business entity for a Section 4. Meaning of the term Original
period of time maybe known through the
income tax return field by it, or by the A. One the contents of which, is the
result of the examination of an accountant subject of inquiry as determined by the
2. A general summary of expenses incurred issues involved: Which document is it that
maybe embodied in a summary to which are the contents of which is in question?
attached the necessary supporting receipts
witness Thus in case of libel and the issue is who
be the author of the libel as published?
Then the original is the letter sent to the
media. But if the question is whether the was finally agreed upon. Therefore,
letter is libelous, then the original is whatever is not found in the written
the letter. agreement is deemed to have been abandoned,
disregarded, or waived by them. Only those
If X Xeroxed a letter by Ana to Juan and X contained in the written agreement are
changed the contents by inserting libelous considered the only ones finally agreed
matters against Juan, then the original upon and no other. Thus oral testimony will
would be the Xeroxed letter. not be permitted to show there were other
agreements or terms between the parties.
B. Duplicate Originals. Two or more copies
executed at or about the same time with III. Purposes: (i) to give stability and
identical contents. permanence to written agreements otherwise
they can be changed anytime by mere
1. Examples: carbon originals, blue prints, testimony, then written agreements would
tracing cloths. Copies mass produced from serve no useful purpose (ii) to remove the
the printing press or from the printer of temptation and possibility of perjury which
computers. would be rampant if oral/parole evidence
were allowed as a party may resort to such
C. Entries repeated in the regular course testimony in order to either escape
of business one copied from the other at or compliance with his obligation, or to
near the time of the transaction to which create fictitious terms favorable to him.
they relate, all are considered as
original. IV. Distinguished from the Best Evidence
Rule. Both refer to a written document but
1. Examples are entries in the Books of they differ in the following aspects:
Account which are copied from one
book/ledger and transferred to another 1. As to what is prohibited: the BER
2. Entries in receipts for the sales for prohibits the introduction of inferior
the day which at night are recorded in a evidence when the best evidence is
ledger and which in turn are recorded in available whereas the PER prohibits the
the sales for the week and then entered in introduction of oral testimony to vary the
the ledger for the sales of the month. terms of a written agreement.
3. Scores in the examination booklets which 2. As to scope: the BER applies to all
are recorded in the teachers record which kinds of written documents while the PER is
then are recorded in the official grade limited to contracts and wills
sheet submitted to the deans office. 3. As to the substance of the
evidence: the BER goes to the form of the
THE PAROLE EVIDENCE RULE evidence while the PER goes to the very
substance of the evidence
4. As to who may invoke: the BER may be
Section 9. Evidence of Written Agreements. invoked by any party to a case while the
When the terms of an agreement had been PER may be invoked only by a party to the
reduced into writing, it is considered as written agreement and his successor in
containing all the terms and conditions interest, or by one given right or imposed
agreed upon and there can be between the an obligation by a written agreement.
parties and their successors in interest, 5. As to the issue: BER is to the contents
no evidence of such terms other than the
contents of the written agreement. V. Requirements for the Application of the
I. Essence of the Rule: It forbids or
prohibits any attempt to vary, contradict, 1. That there be a valid written contract
or modify the terms of a written agreement or a written document which is contractual
by the use of testimonial/oral evidence. in nature in that it involves the
disposition of properties, creation or
II. Basis and Reason: The Principle of rights and imposition of obligations
Integration of Jural Acts. The written
agreement is the final culmination of the a). Void contracts do not create any right
negotiation and discussion of the parties and produces no legal effects
as to their respective proposals and b). The contract maybe in any written form
counter-proposals and is the final and sole whether in the standard form or as worded
repository, memorial and evidence of what by the parties themselves
c). The document may be signed or not as in contract were it not for the oral agreement
the case of way bills, tickets and ii) they do not vary or contradict the
d). The rule does not cover mere receipts written agreement.
of money or property since these are
incomplete and are not considered to be the a). The promise by a vendor to give a road
exclusive memorial of the agreement and are right of way to the vendee over the
inconclusive latters remaining property
e). However a Statement of a Fact, as b). An agreement to allow the son of the
distinguished from statements which vendor to occupy a room free of charge in
constitute Terms of the Contractual the apartment sold, for a certain period of
Agreement maybe varied, such as statements time
as to the personal qualifications of the c). An agreement that the vendor shall
parties. harvest the standing crops over the land
2. That there is a dispute as to the terms d). An agreement that the vendor shall
of the agreement cause the eviction of squatters from the
land sold
3. That the dispute is between the parties e) That the party was to pay off the
to the contract or their successors or that indebtedness of the other; or to give or
the rule is invoked by one who is given a deliver a thing to a third person.
right or imposed an obligation by the
contract. This is because the binding VII. Statutory Exceptions to the Rule
effect of a contract is only upon the
parties thereto or their successors. CONCEPT: When oral testimony is allowed
even if they pertain to the contents, terms
VI. When Contemporaneous/prior agreements or agreements of the document, provided
maybe proved without violating the they were specifically alleged in the
Principle of Integration of Jural Acts: pleadings by the party concerned.
These refer to Contemporaneous or prior
agreements which, even if they affect or A. That there is an intrinsic ambiguity
relate to the contract, may still be proven
by the parties by oral testimony. 1. Ambiguity refers to an uncertainty or
doubt in the document or something in its
1. Those which refer to separate and provisions is not clear, or of being
distinct subject matters and which do not susceptible to various interpretations or
vary or contradict the written agreement. meanings. They are either (a) latent or
intrinsic (b) patent or extrinsic and (c)
Example: The buyer of a land in a written intermediate ambiguity
contract may prove by oral testimony that 2.Latent or Intrinsic- The
the seller agreed to give him the right of instrument/document itself is clear and
first refusal of the sellers adjoining certain on its face but the ambiguity
lot. Similarly the promise of first refusal arises from some extrinsic, collateral or
by the lessor in favor of the lessee may be outside factor, thus there is an
proven by oral testimony. uncertainty as to how the terms are to be
2. Those which constitute Conditions
Precedent if the written contract a). It is of two kinds: (i) when the
specifically stated that it shall be description of the person or property is
complete and effective upon the performance clear but it turns out the description fits
of certain conditions. two or more persons or things and (ii)
where the description of the person or
Example: that the contract be first object is imperfect or erroneous so as to
referred to a third person who must give leave doubt what person or object is
his approval thereto or that a third person referred to.
should also sign as a witness thereto. b). Examples: (i) the donee is described
as My uncle Tom but the donor has several
3. Those which are the moving and inducing uncles named Tom (ii) the thing sold is my
cause, or that they form part of the house and lot in Baguio City but the
consideration and the contract was executed vendor has three houses and lots in Baguio
on the faith of such oral agreement in that City (iii) the money shall be for the
: (i) the party would not have executed the tuition fee of my son who is enrolled in
SLU but it is the daughter who of sale i.e. another property as the one
is enrolled in SLU while the son is involved and not that described in the
enrolled in UB (iv) the subject of the sale document (ii). two persons were supposed to
is the vendors two storey house in be witness but were named instead as
Bakakeng but what he has in Bakakeng is a parties (iii) the writing was incomplete
grocery store and it is his house in when it mentioned only some but not all the
Aurora Hill which is two stories. terms agreed upon.
c). Reason for the exception: the
introduction of oral testimony does not C. The Failure of the Written Agreement to
vary or contradict the document but it aids Express the True Intent and Agreement of
the court in ascertaining and interpreting the Parties
the document thereby enabling it to give
effect and life to the document. 1. The deed maybe ambiguous or vague either
through ignorance, lack of skill or
3. Patent or Extrinsic (Ambiguitas patens) negligence of the party/person who drafted
the uncertainty is very clear and the deed, or through the use of imprecise
apparent on the face of the document and words.
can easily be seen by simply reading the 2. Maybe cured through the remedy of
terms/contents of the document. reformation of instrument
3. Example: (i) The deed turned out to be a
a). Aside from being clear and apparent, sale when the intention was as a security
the ambiguity is permanent and incurable. or (ii) the deed was a sale and not an SPA
It cannot be removed or explained even with
the use of extrinsic aids or construction D. The Validity of the Agreement is Put In
or interpretation. Issue
b). Examples: (i) A promissory note or
memorandum of indebtedness which does not 1. One or both parties assert the agreement
specify the amount of the obligation (ii) or document is null and void or
sale of property without the property being unenforceable for lack of the essential
described or (iii) where the description elements of a valid contract.
is one of several properties or one of
several persons is mentioned but he is not E. In case of Subsequent Agreements- the
specifically identified e.g. I leave my terms and conditions being testified on
cash to my favorite son. were agreed upon after the execution of the
4. Intermediate Ambiguity where the
ambiguity consists in the use of equivocal 1. As in the case of novation of the
words/terms/phrases or descriptions of document, in whole or in part
persons or property. Parole evidenced is 2. Parties are free to change or modify or
admissible to ascertain which sense or abandon their written agreement in which
meaning or interpretation was intended by case it is the latter which should given
the parties. force and effect
a). Examples: (i). the use of the word
dollar (ii) the use of the term sugar C. TESTIMONIAL EVIDENCE
(iii) where in a deed of mortgage it was i. QUALIFICATIONS
uncertain which amount of loan was being ii. DISQUALIFICATIONS
secured iii. PRIVILEGES
B. There was a Mistake or Imperfection
I. CONCEPT: This is the third kind of
1. Imperfection includes situations of evidence as to form. It is evidence
inaccurate descriptions consisting of the narration of a person,
2. Mistake- when a person did or omitted to known as a witness, made under oath and in
do an act by reason of an erroneous belief the course of the judicial proceedings in
or interpretation of a law or assessment of which the evidence is offered.
a fact, or due to ignorance, forgetfulness,
unconsciousness, or misplaced confidence. II. WITNESS: A witness is a natural person
a). Must be of a fact and is mutual to both who testifies in a case or one who gives
the parties oral evidence under oath before a judicial
b). Examples: (i) both were in error as to tribunal. Evidence obtained through the
the property sold and described in the deed
presentation of animals is treated as a). The ability to interpret, explain,
object evidence. relate or communicate in a manner which can
be understood by the court, either through
A. Necessity of Witnesses: Objects and spoken words, writings, or sign language.
documents do not explain themselves. Their b). It must exist at the time of testifying
relevance, meaning and significance, can
only be known through the testimony of a 4. Testimonial Quality of Sincerity
witness. Likewise, events, as well as a). The awareness of both a duty to tell
persons involved in an event, can only be the truth and to be liable in case of
known through the narration of a witness. intentional lies, or the recognition of the
obligation of an oath
B. Duty to Testify is a Legal Duty and not b). The willingness to be placed under oath
just a matter of civic consciousness. This or affirmation
may be enforced by the imposition of
sanctions by the court, such as a citation B. Additional Requirement in cases under
for contempt and consequent payment of a the Rules on Summary Procedure : The
fine or imprisonment. intended witness must have (i) executed a
sworn statement (ii) submitted before hand
C. The following may not compelled to to the court and (iii) is present in court
testify as witnesses: and is available for cross-examination by
the adverse party.
1. The President while in Office
2. Justices of the Supreme Court C. COMPETENCY of a witness
3. Members of Congress while Congress is
in Session 1. Distinguished from credibility:
4. Foreign Ambassadors to the Competency is the legal fitness or legal
Philippines capacity of a person to testify as a
5. Consuls and other foreign diplomatic witness. Competency involves a
officials if exempted by a treaty determination of whether the person offered
6. The accused in a criminal case as a witness has all the qualifications
prescribed by law and is not among those
III. QUALIFICATION OF WITNESSES. Section 20 disqualified by law or by the rules of
provides. All persons who can perceive and evidence. ( Note: One who is not qualified
perceiving can make known their perception is loosely termed as incompetent which is
to others, may be witnesses. not the accurate term)

A. Four Qualities of a Witness Credibility goes to the character of the

witness to be believable or not.
1. Testimonial Quality of Perception This goes to the truth of the
a). Capacity to perceive means to be able testimony. It includes the ability of the
to observe by the use of the senses witness to inspire belief or not.
including the ability to receive
impressions from the outside world and to Hence a witness maybe competent but is not
grasp or understand these impressions. credible.
b). This must exist at the time of the
occurrence of the event to which the 2. Presumption of Competency: When a person
witness is testifying even if it is lost at is offered as a witness, he is presumed to
the time of testifying. be competent. He who claims otherwise has
the burden of proving the existence of a
2. Testimonial Quality of Memory ground for disqualification.
a). the ability to retain the impressions
received or observations made and to a). The Method of questioning the
recollect them in court competency is by raising an objection to
b). this must exist at the time of the presentation of the witness or to his
testifying continued testimony.
c). selective memory or lapses in memory b). The time to raise an objection is as
affect merely credibility soon as the ground becomes apparent which
may either be: (i) at the time the person
3. Testimonial Quality of Narration or is offered and presented to be a witness
Communication and before he actually testifies or (ii).
At the time he is actually testifying.
an inmate in an asylum or mental
IV. DISQUALIFICATION of a witness institution.

A. Who Are Disqualified: General Rule: Only 2. Persons medically sane may be considered
those expressly covered under the as legally insane if at the time they are
enumerations by law maybe disqualified from to be presented as witness, they are
testifying incapable of testifying truthfully or of
being aware of the obligation to testify.
B. Exclusivity of The Grounds for Included here are drunks, those under the
Disqualification: The grounds are limited influence of drugs or alcohol, or suffering
exclusively and restrictively to those from some temporary mental disability.
enumerated by the law. The following are
not grounds: (i) interest in the outcome of 3. Mental defectives such as idiots,
a case (ii) relationship to a party, as imbeciles or morons and other mental
both affect merely credibility (iii). Sex retardates are not disqualified by this
(iv). race (v). creed (vi). property or reason alone although this may affect their
(vii). prior conviction of a crime. credibility

C. Kinds of Disqualification 4. Deaf mutes are not disqualified so long

1. Total or absolute - the person is as they are able to communicate in some
disqualified from being a witness due to a manner which can be understood and, in case
physical or mental cause of the use of sign-language, the
2. Partial or relative- the witness is interpretation thereof can be verified.
disqualified from testifying only on
certain matters but not as to others facts III. Mental Immaturity: these refer to
children of tender age whose mental
D. Voir Dire Examination: the examination maturity is such as to render them
conducted by the court on the competency of incapable of perceiving the facts
a witness whenever there is an objection to respecting which they are examined and of
the competency of the witness and is relating them truthfully.
usually made before the witness starts with
his testimony. The party objecting maybe A. Age is not the criterion but the
allowed to present evidence on his intelligence and possession of the
objection or the court itself may qualities of a witness
conduct the questioning on the witness. B. The credibility of Children as witness
take into account two possibilities: (i)
Section 21. Disqualification by reason of children are prone to exaggerate and
Mental Incapacity influenced by suggestions from adults and
or immaturity. (ii) lack of motive to testify falsely
C. Under the Rule On Examination of a Child
I. These are the two grounds for absolute Witness, it is provided that:
incapacity. a). Every child is presumed to be qualified
to be a witness
II. Mental Incapacity: those whose mental b) The court may however conduct a
condition at the time of their production competency examination (voir dire
for examination, is such that they are examination) motu proprio or on motion of a
incapable of intelligently making known party, when it finds that substantial doubt
their perception to others. exists regarding the ability of the child
to perceive, remember, communicate,
A. They include the following: distinguish truth from falsehood, or
appreciate the duty to tell the truth in
1. Medically Insane persons unless they are court.
testifying during their lucid intervals.
a). Sanity is presumed, it is the opponent Section 22. Disqualification by reason of
who must prove this ground. marriage or
the Martial Disqualification Rule.
b). However, the party presenting the
witness must prove sanity in these two I. Statement of the Rule: During the
instances: (i) if the witness has been marriage neither spouse ( i.e. the witness
recently declared as of unsound mind by the spouse) may testify for or against the
court or by a competent physician (ii. is other (i.e. the Party spouse) without the
consent of the affected spouse ( i.e. the declarations or information revealed to the
party spouse). third person by the spouses, which
declarations or information affect the
II. Reason for the Rule liability of the party spouse.
A. Identity of Interest: hence compelling 1. The revelation must be in confidence
a person to testify against the spouse is 2. If the declaration was made in the
tantamount to compelling the witness to presence or hearing of another person, then
testify against himself. there is no violation of the rule.
B. To avoid the danger of admitting
perjured testimony and to prevent the V. Waiver of the Rule
witness spouse from being liable for
perjury. A. Expressly, or when the party spouse give
C. As a matter of public policy of consents
preserving the marital relationship, family B. Impliedly: (i) as when the party spouses
unity, solidarity and harmony. interposes no objection to the
D. To prevent the danger of punishing the presentation of the witness spouse (ii)
party spouse through hostile testimony, when the party-spouse presents his/her
especially in cases of domestic troubles spouses as his/her own witness (iii) When
between the spouses. the party-spouse imputes the wrong doing to
the other spouse, the latter may testify
III. Requisites for Applicability to rebut the imputation.

A. One Spouse is a party to a case, whether VI. EXCEPTIONS: WHEN SPOUSES MAY TESTIFY
civil or criminal, singly or with other AGAINST EACH OTHER
third persons
A. In a civil case filed by one against the
B. The spouses are validly married. These other. Examples: cases of annulment, legal
include voidable marriages as well as those separation, support, declaration of mental
where there is a presumption of a valid incompetency, separation of property.
marriage in the absence of a marriage
contract. B. In a criminal case for a crime (i)
committed by one against the other such as
1. Bigamous marriages and common-law those involving physical assault and
relationships are excluded. violence; Violation of RA 9262; economic
2. The reason behind or purpose behind the abuse or (ii) against the direct ascendant
marriage is immaterial, as when the or descendant of the other
marriage was intended precisely to prevent
one from testifying C. When the reason for the law has ceased.
Where the marital and domestic relations
C. The marriage is subsisting at the time are so strained that there is no more
one is called to testify against the other harmony to be preserved, nor peace and
in that it has not been dissolved by death tranquility which maybe disturbed, the
or by law. Thus the prohibition is not reasons based on such harmony and
perpetual. tranquility no longer apply. In such cases,
the identity of interest disappears and the
D. The case is not one against the other consequent danger of perjury based on
E. The consent of the party spouse has not identity of interest disappears. (The law
been obtained nor has he waived the rule in ceases when the reason for the law ceases)
any other way.
IV. Form of Prohibited Testimony or When a DEATH

A. When the spouse is actually called in Parties, or assignors of parties to a

court to testify as a witness to facts case, or persons in whose behalf a case is
B. When the witness is asked to submit prosecuted against an executor,
objects, or documents or other evidence in administrator or representative of a
court even if not actually called to deceased person, or against a person of
testify unsound mind, upon a claim or demand
C. When a third person is presented as a cannot testify as to any matter of fact
witness and is asked to divulge occurring before the death of the deceased
person or before such person became of 2. Fraudulent transactions of the deceased
unsound mind. or insane person, as when the deceased was
an illegal recruiter or that he absconded
I. CONCEPT. This is also known as the Dead with money entrusted to him
Mans Statute or Suvivorship 3. To mere witnesses
Disqualification Rule. 4. Stockholders/members of a juridical
entity testifying in cases filed by the
A. The disqualification is merely relative juridical entity
as it is based on what the witness is to 5. Claims favorable to the estate.
testify on.
B. The purposes are (i) to put the parties III. The rule maybe waived expressly or by
on equal footing or equal terms as to the failure to object or by introducing
opportunity to give testimony. If death evidence on the prohibited matter.
has closed the lips of the defendant, then
the law closes the lips of the plaintiff. Disqualification by reason of
(ii) to guard against the giving of false privileged communications.
I. INTRODUCTION. Claim of Privilege.
II. APPLICABILITY Witnesses may refuse to testimony on
A. The case must be a civil case where the certain matters under the principle that
defendant is the executor, administrator or the facts are not to be divulged or that
representative of the deceased person of they are privileged communications. These
person of unsound mind. But the rule will are facts which are supposed to be known
not apply to a counter-claim against the only between the communicant and the
plaintiff. recipient.

B. The subject is a claim or demand i.e. A. Distinguished from incompetency.

one that affects the real or personal 1. A privilege is a rule of law which
properties: excuses a witness from testifying on a
1. The case must be a personal action for particular matter which he would otherwise
the enforcement of a debt or demand be compelled to reveal and testify on. It
involving money judgment, or where the is a legal excuse to prevent the witness
defendant is demanded to deliver personal from revealing certain data. The witness
property to plaintiff may claim this excuse.
2. The evidence of this claim is purely 2. An incompetency is a ground for
testimonial and allegedly incurred prior to disqualification which may be invoked by
the death or insanity. They are therefore the opposing party to prevent a person from
fictitious claims. being presented as a witness.
3. Thus a person maybe competent as a
C. The subject of the testimony is as to a witness but he may invoke a privilege and
matter of fact occurring before the death refuse to testify on a certain fact.
or insanity. The testimony is the only
evidence of the claim or demand. B. Purpose of a Privilege: to protect the
confidentiality or privacy of certain
1. The death/insanity maybe before or relationships. They are usually based on
during the pendency of the case so long as public policy which recognizes that the
it was before the death/insanity. protection of certain relationship is more
2. The matters prohibited are those made in paramount than the testimony of the
the presence and hearing of the decedent witness.
which he might testify to if alive or sane,
i.e. adverse to him, and not to those which C. Privileges are to be strictly construed.
maybe known from other sources.
D. Who may claim the privilege: it may be
D. The rule does not apply to the following asserted by the person for whose benefit
the privilege was granted personally, or
1. To claims or demands which are not through a representative, or it may be
fictitious or those supported by evidence claimed for him by the court.
such as promissory notes, contracts, or
undertakings, including the testimony of II. SOURCES OF PRIVILEGED COMMUNICATIONS
disinterested witnesses. 1. Those enumerated under Section 24 of
Rule 130 of the Revised Rules of Court.
2. Those declared as privileged by specific ii). If the spouses are not aware, the
provision of a law (Statutory Privileged communication remains confidential, but the
Communications). third person may testify to what was heard.
3. Those declared as such by Privilege
Communications by Jurisprudence. IV. FORMS OF COMMUNICATION: To
communicate is to make known, to convey
SECTION 24: DISQUALIFICATION BY REASON an idea or to inform of a message. The
OF PRIVILEGED COMMUNICATIONS privilege is thus extends to all modes of
communications whether oral, written or
INTRODUCTION: The communications are through conduct, which were intended by a
privileged provided they took place within spouse to convey a message. They include
the context of the relationship protected the following:
by the rule and the person for whose
benefit the rule may be invoked, has not 1. Those which are in the form oral
revealed the communication to a third expressions made directly and personally,
person. or through some mechanical device such as
through the phone; or written as in
1. THE MARITAL PRIVILEGED COMMUNICATION conventional letters or through the use of
DISQUALIFICATION RULE (SPOUSAL PRIVILEGE) secret codes or through the internet or
text messages.
I. RULE: The husband or wife, during or 2. The sending of packages, or things of
after the marriage, cannot be examined items symbolic of a meaning or intended to
without the consent of the other as to any send a message, such as sending of b-day
communication received in confidence by one greeting cards, or of flowers.
from the other during the marriage. 3. Passive or silent acts or conduct
intended to convey a message such as a nod
II. PURPOSE: same as the Marital or shake of the head, a finger put to the
Disqualification Rule as well as to lips.
encourage honesty and confidentiality 4. Silent or passive communications
betweens spouses. referring to facts or information which
came to the knowledge of the witness-spouse
III. REQUISITES: by reason of the confidentiality of the
marriage. Example: (i). a spouse cannot be
1. The witness is a lawfully married made to divulge that in his presence and
person, or is a party to voidable marriage observation the husband cleaned a gun, or
or one which enjoys the presumption of washed bloody clothes or counted wads of
validity. money, even if the husband did not explain
2. The case is not between the witness and his actions (ii). a married person cannot
the latters spouse be made to divulge tattoos on the body of
3. The subject of the testimony is a the spouse or of his mannerism or habits.
communication made by and between the However, acts not intended to be
witness and the latters spouse confidentially, such as acts within public
4. The communication was made during the view, or tattoos displayed publicly, are
marriage not confidential. Likewise, acts done in
5. The communication is confidential in secret and hidden from the witness are not
that it was intended to be known or heard confidential.
only by the other spouse and it was made
precisely because of the marriage. V. MISCELLANEOUS
a). If the receiving spouses revealed to a 1. The privilege may be claimed by either
third person, the communication ceases to spouses, i.e. the communicating or
be privileged recipient spouse (some opine it is only the
b).If the communication was heard by a receiving spouse who can claim)
third person, the rules are as follows: 2. The exceptions are the same as in the
i). If the spouses were aware of the Marital Disqualification Rule.
presence of the third person, the 3. The duration is perpetual
communication is not confidential except if 4. Distinctions from the Marital
the third person: (i). is a minor child Disqualification Rule:
(ii). Or stands in special confidence to a.) As to whether or not a spouse is a
the spouses such as their agent party to the case
b). As to the scope of the prohibition
c) As to the duration
d) As to who can claim the protection of Revised Penal Code under its provisions on
the rule Revelation of Private Secrets.
5. The waiver of the Marital
Disqualification Rule does not include a 3. Lawyers of government agencies created
waiver of the Marital Privilege to render legal assistance to the public
Communication Rule. are included, such as lawyers from the PAO
and the CHR
4. The relationship maybe created by mutual
I. RULE: An attorney cannot, without the consent at the initiative of the client, or
consent of his client, be examined as to is created by Order of the Court as in the
any communication made by the client to case of a counsel de officio.
him, or his advice given thereon in the a). the relationship exists whenever the
course of, or with a view to, professional client consults with a lawyer in relation
employment, nor can an attorneys to a matter which needs the professional
secretary, stenographer, or clerk be services of the lawyer be it for advice or
examined, without the consent of the client representation in a future or present legal
and his employer, concerning any fact the action.
knowledge of which has been acquired in b). it does not matter that no fee was
such capacity paid, or that the lawyer later refused to
represent the client or that he withdrew
II. REASON: The rule is grounded on public from the action.
policy and the proper administration of c). however the rule does not cover
justice. It is to encourage clients to make situations where the lawyer was consulted
a full disclosure of all facts relative to merely as a notary
a problem for which he sought the
professional services of a lawyer, without B. There must be a communication by the
fear or reservation that these facts will client to the lawyer or advice given
later be revealed especially if the nature thereon by the lawyer.
of the facts are such that they might
adversely affect his rights, property or 1. The communication must be for the
reputation. This is to inspire confidence purpose of creating a lawyer-client
and thus it is also to enable the lawyer to relationship or was given in the course of
give the appropriate advice or to undertake such relationship.
such action that will best serve the
interest of the client. 2. The term communication includes the
III. REQUIREMENTS a). Any data or information supplied by the
A. There must be a lawyer-client client personally or through confidential
relationship agents, either to the lawyer or to the
lawyers employees. This may have been
1. The term lawyer refers to: supplied through any form of oral or
(a). a member of the Philippine Bar in written communication.
good standing acting in such a capacity, b). All documents, objects or thing
whether in active practice or not delivered to the lawyer except those the
(b). non-lawyers allowed by law to appear existence and/or contents of which are or
as counsel pursuant to section 7 of Rule maybe known.
118. ( But in localities where such members Thus titles to land, contracts, reply-
of the bar are not available, the court may communications, bank pass books, dishonored
appoint any person, resident of the checks, cannot be considered as
province and of good repute for probity and confidential.
ability, to defend the accused.) c). Acts or conduct by the client, such as
(c). Non-lawyers who misrepresent physical demonstration of actions or
themselves as members of the bar in order events, or giving a sample of his
to obtain the confidence of a person and handwriting to show he is not the
believed as such by the latter. falsifier.
d). The advice given by the lawyer to the
2. Government prosecutors are not included client orally or though any mode of written
but they are prohibited from making communication.
disclosures under penal laws, such as The e). The identity of the client. As a matter
of public policy a lawyer may not invoke
the privilege and refuse to divulge the
name or identity of the client except in IV. Duration and Waiver
the situation when the clients name has an
independent significance such that A. The duration is perpetual even after the
disclosure would reveal the clients lawyer-client relationship has already
confidences. ceased.

The identity may not be disclosed in the B. The rule maybe waived by the client
following situations: alone, or by his representatives in case of
(i). where a strong probability exists that his death, expressly or by implication.
revealing the clients name would implicate
the client in the very activity for which 1. If he is a party to a case and his
he sought the lawyers advise lawyer was called as a witness by his
(ii). Where the disclosure would open the opponent: (a) by failure of the client to
client to civil liability object to the questions concerning the
(iii). Where the government prosecutors privileged communications or (b) having
have no case against the client and objected on direct, the client cross-
compelling the lawyer to reveal his examines on the privileged communications.
clients name would furnish the only link 2. When the client presents evidence on the
that would form a chain of testimony privileged communication, the opposing
necessary to convict the client of a crime. party may call on the lawyer to rebut the
(iv). Where it is the identity of the evidence.
client which is sought to be confidential ( 3. When the client calls on the lawyer to
Regala vs. Sandiganbayan: 262 SCRA 122) testify on the privileged communication
4. In case of a suit by and between the
(e). Those covered by the Doctrine of Work lawyer and the client, the rule does not
Product. The pleadings prepared by the apply
lawyer or his private files containing 5. When the lawyer is accused of a crime
either facts and data obtained by him in relation to the act of the client which
or resulting from his own investigation or was the subject of their professional
by any investigator hired by him; and/or relationship, he may reveal the privileged
his impressions or conclusions communications to prove he had nothing to
whether reduced in writing or not, about do with the crime.
the client or the clients cause.
C. If the lawyer, as witness to a case
A lawyer may not therefore testify that which does not involve the client, divulges
his client, charged with theft of silver confidential communication without the
coins, paid him with silver coins. prior consent of the client, he may be
liable criminally, civilly and
3. The following communications are not administratively.
covered and the lawyer may reveal them:
a). those intended to be made public I. RULE: A person authorized to practice
b). or intended to be communicated to a medicine, surgery or obstetrics cannot in a
third person civil case, without the consent of the
c). intended for an unlawful purpose or for patient, be examined as to any advice or
a future crime or act treatment given by him or any
d). received from a third person not acting information which he may have acquired in
in behalf or as agent of the client attending such patient in a professional
e). those made in the presence of third capacity, which information was necessary
persons to enable him to act in that capacity, and
f). those which are irrelevant which would blacken the reputation of the
g). the effects of a crime as well as patient.
weapons or instruments of a crime.
h). opinions on abstract questions or II. PURPOSES: (a). To inspire confidence
hypothetical questions of law in patients and encourage them to make a
full disclosure of all facts, circumstances
C. The communication was confidential or symptoms of their sickness, without fear
of their future disclosure, so that a
D. The consent of the client to the physician can form an opinion and be
disclosure was not obtained enabled to safely and effectively treat the
patient. (b).To protect the patients diagnosis, examinations or operation
reputation. conducted upon the patient.
c). the nature of the treatment given, his
III. REQUIREMENT opinion or advice given to the patient,
including oral prescriptions (written
A. The case is a civil case prescriptions for medicines are intended to
be read by pharmacist and third persons and
1. Public policy looks to the maintenance are not confidential)
of peace and order, upholding the law, the d). the clinical records, x-ray plates,
acquittal of the innocent and punishment of radiographs, and other documents pertaining
the guilty, as more important than the to the treatment, diagnosis, illness or
purposes of the privilege. process of ascertaining the illness of the
2. It is not required that the patient is a patient.
party to this case.
D. The communication is confidential and
B. The witness presented is a person was not intended to be known by third
authorized to practice medicine, surgery or persons except to agents of the physician.
QUESTIONS: 1. Are communications
1. The witness maybe a general practitioner confidential if these were heard by third
or a specialist in any of the fields of persons by reason of lack of privacy of the
medicine. clinic or hospital facilities? 2. Is the
2. Included are psychoanalysts, fact still confidential if a patients body
psychologist, psychotherapists. Dentists part or blood was sent by the physician for
and mid-wives are not included, so also examination and study by a
with nurses unless they acted as agents or specialist/technician in a laboratory? ( I
assistants of the physician. submit that that the specialist acts as
3. Where the person is not authorized but agent of the physician and he may not also
represented himself to be so and which was be compelled to disclose his findings).
believed by the witness, it is believed
that the privileged may also be claimed. E. If disclosed the information would
4. The relationship of physician-patient blacken the reputation of the patient. It
may have been created by mutual consent causes disgrace or embarrassment or puts
between him and the patient or with any him in a bad light. Example: disclosure
person acting in behalf of the patient, or that the patient is a sexual pervert, or
was created by exigent emergencies as when suffers from delusions or from a
services were rendered to a patient in disease.
C. The physician-witness is asked to
divulge a communication by and between him A. Criminal cases
and the patient. B. When the person testifying is not the
physician. However the patient himself can
1. The communication was made while the not be compelled to testify on the
witness was acting in his professional privileged communications.
capacity i.e he was attending to a person C. Where the physician is presented merely
as a patient and to whom the physician- as an expert and is testifying upon
witness rendered curative, palliative or hypothetical questions.
preventive treatment. D. Autopsies conducted to ascertain the
cause of death of a person
2. The privileged communication include: E. Court ordered examinations
a). all information divulged by the patient F. When the patient, as party to a case,
or by one acting for the patient, if these testifies as to his own illness or
were essential for the physician to act in condition, he opens the door for the
a professional capacity, but matters which opposing party to rebut the testimony by
are not essential but believed in good calling on the physician.
faith by the patient to be essential and G. When the patient, as party to a case,
divulged in good faith are covered. calls on the physician as his own witness.
b). all facts learned by the physician from H. In a malpractice suit against the
his own interviews, observations, physician by the patient.
I. Where there is a Contractual Waiver in
that the patient agreed to undergo an 2. The revelation of wrong doings must
examination and make known the result therefore be penitential in that the
thereof as a condition to the grant or purpose is to seek spiritual absolution,
enjoyment of a privilege, benefit or spiritual assistance, or healing of the
employment. Examples are the medical soul. If the purpose is otherwise, then it
examinations required to enter the AFP or is not privileged, as when all that the
to obtain an insurance policy. person was to unburden himself from guilty
J. Communications made in the presence of feelings.
third persons.
K. Communications to commit or to conceal a 3. The confession was made in obedience to
crime as when a patient undergoes a face some supposed duty or obligation.
lift to mislead the police or the victim in
identifying him. 4. The court may inquire preliminarily from
the priest /minister as to the state of
4. PRIEST/MINISTER- PENITENT mind of the confessant i.e whether it is
penitential or not.
I. RULE. A minister or priest cannot,
without the consent of the person making 5. The confession is one given directly
the confession, be examined as to any and personally to the priest/ minister and
confession made to or any advice given by in secrecy. Public avowals are not
him in his professional character in the included.
course of discipline enjoined by the church
to which the minister or priest belongs. C. The confession must have been made to
the priest/minister in his professional
II. CONCEPT and PURPOSE : This is often character in the course of the discipline
referred to as the Seal of the of the church to which the priest/minister
Confessional. A priest or minister or belongs.
similar religious person cannot be
compelled to testify and divulge matters 1. The church or denomination must
which were revealed to him by way of a recognize the practice of making
confession. The purpose is in recognition confessions and authorizes said
of religious freedom and to protect the priest/minister to receive and hear
practice of making confessions. confessions.


A. The witness is a priest or minister or 1. Must the confessant belong to the same
similar religious personality. church as the priest/minister?
2. If the penitent consents, may his
1. The term priest or minister should not confession be divulged?
be given a restrictive meaning but should
include any religious personality of the 5. PUBLIC OFFICER.
same or similar stature as a priest or
minister. I. RULE: A public officer cannot be
2. Question: As worded the rule applies examined during his term of office or
only to religious personalities of the afterwards, as to communications made to
Christian religion. Should the rule be him in official confidence, when the court
interpreted to include non-Christians? Thus finds that the public interest would suffer
in Buddhism, confessing one sins to a by the disclosure.
superior is part of the Buddhist practice.
B. The witness received the confession of To encourage citizens to reveal their
a penitent knowledge about the commission of crimes
To protect legitimate police operations
1. A confession is the revelation of acts against criminals
or omissions considered as sins or To protect the safety of the informant and
violations of religious laws/ belief or his family
teachings, and which may at the same time
be considered as violation of laws of the III.REQUIREMENTS
state, which may subject the confessant
to criminal or civil liability or both.
A. There must be a confidential official 4. Regular informants or those who
communication, which includes: regularly report on suspected criminals and
1. all information concerning the their activities. They may be
circumstances of the commission of a crime acquaintances, neighbors or friends of the
such as the identity of the criminals, criminals themselves. They are known only
their whereabouts, their accomplices, the to their agent handler.
date, time and place of commission, their
modus operandi C. When the informant may be compelled to
2. the identity of the recipient of the be presented in court or when his identity
communication e.g the undercover agent or maybe revealed
3. the identity of the informant 1. Per the American case of Roviero vs. U.S
4. It has been held that official documents (353 U.S. 53) in 1957 which ruled thus:
of diplomatic officials, ambassadors and when it appears from the evidence that the
consuls are included. informer is also a material witness, is
present with the accused at the occurrence
B. The communication must have been made to of the alleged crime, and might also be a
a public officer. material witness as to whether the accused
knowingly and intentionally delivered drugs
1. The public officer refers to those whose as charged, his identity is relevant and
duty involves the investigation or maybe helpful to the defendant, it may
prosecution of public wrongs or violations said that disclosure is proper in the
of laws. They pertain mostly to law following situations:
enforcement agents and prosecutors, as well a). when his identity is known to the
as those in charge of the enforcement of accused not necessarily by name but by face
the law violated. and other physical features, unless he is
being also used in another operations
C. The disclosure would affect public b). when it is relevant and helpful to the
interest. defense and is essential to a proper
disposition of the case
IV. RULE ON THE INFORMERS IDENTITY c) when it is claimed that there was an
entrapment where he participated as a
A. Concept of the Informants Privilege- decoy or agent provocateur and
a privilege granted to the government to the said entrapment can not be established
withhold from disclosure, the identity of without his testimony
confidential informants. The purpose is to
protect the governments sources of 2. If the informant disclosed his identity
information and in this way facilitate law to persons other than the law enforcement
enforcement by preserving the anonymity of agents, this maybe basis for the accused to
individuals willing to furnish demand disclosure.
B. Informants covered ( informers are also 1. Contents of a Ballot under the
called coordinating individuals (or CIs), Election Code
citizens, or assets; in American police 2. The identity and personal
parlance they are called nose, snitch, circumstances of
or stool pigeons) 3. Minors who are victims of crimes
under the Child Abuse Law
1. Walk-in or phone-in informants e.g. 4. The records of cases involving
those who report crimes in person or by Children in Conflict with the Law under the
calling police hot lines or individual Juvenile Justice Law if (i) the case
police officers against them has been dismissed (ii) they
2. Deep Penetration Agents or those were acquitted or (iii) having been
embedded who actually join criminal convicted and having undergone
organizations/gangs by pretending to be one rehabilitation, they were eventually
of them but are secretly gathering discharged
information which they secretly relay to 5. Trade secrets under the Intellectual
the law enforcement agents Property Law
3. Stool pigeons or snitches among 6. Identities and whereabouts of
prisoners witnesses under the Witness Protection
7. Identity of News Informants under which is crucial to the fulfillment of the
R.A. 1477 (The Shield Law) unique role and responsibilities of the
8. Bank Deposits under the Secrecy of executive or those instances where
Bank Deposits law except under the exemption from disclosure is necessary to
following: the discharge of highly important executive
responsibilities. It is premised on the
a). Upon the prior written permission of fact that certain information must, as a
the depositor matter of necessity, be held confidential
b). In case of impeachment of in pursuit of public interest.
constitutional officers
c). When the deposit is the subject of the D. Matters Covered: As a rule, information
case must be of such high degree as to outweigh
d). Upon Order of the Court public interest. Based on Philippine
e). In cases involving public officers for Jurisprudence ( Almonte vs. Vasquez (1995),
offenses in relation to their office or for Chavez vs. PCGG (1995), Chavez vs. Public
violation of the Anti Graft and Corrupt Estates Authority (2002) and Senate vs.
Practices Act Ermita (2006), the following are covered:
f). When the amount exceeds the limit set
under the Anti Money Laundering Law 1. State secrets regarding military,
g). Compromise of taxes diplomatic and other national security
h). Under the Anti-Terrorism Law/Human matters.
Security Law 2.Closed Door cabinet meetings;
presidential conversations, correspondence
9. Offers and admissions during Court and discussions with the cabinet and
Annexed Mediation proceedings under RA presidential advisers under the principle
9295. of Confidentiality of Executive
10. DNA Profiles and all the results or 3. Information in the investigation of
other information obtained from DNA testing crimes by law enforcement agencies before
which testing was court- approved / prosecution of the accused.
ordered, subject to certain exceptions
(Sec. 11 of the Rule on DNA Evidence E. Limitations to the Claim ( Per Senate of
promulgated by the Supreme Court and the Pres. Vs. Ermita)
effective on October 15, 2007) 1. It is not absolute. The privilege is
recognized only in relation to
PRIVILEGED COMMUNICATIONS UNDER certain types of information of a
JURISPRUDENCE sensitive character. A claim is valid or
not depending on the ground invoked to
1. EXECUTIVE PRIVILEGE. justify it and the context in which it is
A. This is of American Origin but was made.
adopted by the Supreme Court when it 2. A claim of privilege, being a claim of
decided the case of Senate of the exemption from an obligation to disclose
Philippines vs. Eduardo Ermita ( April 20, information, must be clearly asserted.
2006) 3. Only the President may personally assert
it or claim it through the Executive
B. Concept: It is a power or right that Secretary.
the president or other officers of the
executive branch assert when they refuse to II. CONFIDENTIALITY OF JUDICIAL
give congress, the courts, or private DELIBERATIONS
parties, information or records which have 1. The working papers of a judge, such his
been requested or subpoenaed, or when they personal notes and researches on cases
order government witnesses not to testify heard by him, his written instructions to
before congress. It is essentially the the staff, are considered his personal or
exemption enjoyed by the President from private property and may not be compelled
disclosing information to congressional to be disclosed.
inquiries or the judiciary. 2. Discussions among members of a collegial
court are likewise confidential.
C. Purpose and basis. It is based on the
principle of separation of powers. It is TESTIMONIAL PRIVILEGE
recognized with respect to certain
information the confidential nature of
I. RULE: Sec. 25. Parental and Filial principle of Vicarious Admissions or
privilege.- No persons may be compelled to Adoptive Admissions.
testify against his parents, other direct D. As to form: (i) By an act or conduct
descendant, children or other direct (ii) Declaration either oral or written or
descendants. (iii) through an omission
E. As to their effect: (i)
A.. The privilege maybe claimed only by the Against Interest or (ii) Self serving
witness in any case whether civil or admissions
criminal but it may be waived as when he
volunteers to be a witness. B. However, by III. Reason for the Rule: Presumption of
way of an exception, Article 215of the truth in the admission in that no person
Family Code provides that a descendant may would do an act or declare something which
be compelled to testify against his parents is contrary to his own interest unless such
and grandparents, if such testimony is act or declaration is true.
indispensable In prosecuting a crime
against the descendant or by one parent IV. Requirements for Admission
against the other.
1. It must be relevant to the issues in the
2. It must be express, certain, definite
Generally the evidence of a party are those and unequivocal. A declaration which goes:
obtained and/or supplied from his own side. I am not sure if I still owe money to X
However evidence may be taken from the or I do not recall having uttered those
opposite party especially those which the words or did the act, Maybe I was in
latter does not voluntarily present because error, are not admissions.
they are adverse to him. They are in the 3. Must be an admission of a fact, not an
form of (i) Admissions (ii) Confessions and expression of an opinion
(iii) Declarations against Interest. 4. Must not be self-serving (Self serving
admissions are those made to favor a
ADMISSIONS declarant) because:
Section 26. The act, declaration, or (a). they are hearsay i.e. they are
omission of a party as to a relevant fact testified to by person who have no personal
maybe given in evidence against him. knowledge of the truth of the declarations
(b) they are inherently untrustworthy
Examples are those where a person disclaims
I. Concept of Admissions. The voluntary liability or creates a right or a defense
acknowledgement made expressly or impliedly in his own favor.
by a party to a case or by another by whose it would open the door to fraud,
statement the party is bound, against his fabrication of testimony and commission of
interest, of the existence or truth of such perjury.
fact in dispute, material to the issue. By Examples: Affidavits ; entries in diaries;
this meant that a party to a case performed self-praises
an act, made a declaration/statement 5. It must have been made freely and
whether oral or written, or omitted to do voluntarily
something, which is contrary to his cause
of action or to his defense, and which may V. Evidentiary Value: 1. Either as
therefore be used as evidence against him. independent evidence to prove a fact or 2.
For purposes of impeachment
II. Kinds Example: Defendant files an Answer
claiming he has fully paid his obligation.
A. As to where it is made: (i). Judicial Plaintiff presents W to testify that
( if made in the proceedings of the case Defendant borrowed money from him to
where it is to be used as evidence) or purposely pay off defendants debt to
(ii). extra judicial (if made outside the plaintiff, such testimony by W is either to
proceedings of the case) prove: (i) the existence of an unpaid money
B. As to how made: (i) Express or (ii) to plaintiff and/or (ii) to destroy
Implied defendants credibility as to his defense.
C. As who made the admission: (i) By the
party to the case either as the offended VI. How to prove. An admission may be
party or accused; or as the plaintiff or proved by the testimonies of those who
defendant (ii) Third person due to the heard the oral statement or to whom it was
given, or who saw the act, and by 2. The Pre-Trial where one of the subject
presenting the written declaration itself. matter is the possibility of the parties
arriving at a an amicable settlement
VII. Examples of Admission By Conduct: 3. The provisions allowing for a cooling-
An employees act of tendering her off period between members of the family
resignation immediately after the discovery who are the parties involved
of the anomalous transaction is indicative 4. R.A. 9295 on Compulsory referral of
of her guilt as flight in criminal cases. cases for Mediation
Resignation is not a way out to evade a). This is called Court-Annexed-Mediation:
administrative liability. which is a process of settling disputes
Flight is indicative of guilt: The guilty with the assistance of an acceptable,
fleeth while no man pursueth but the impartial and neutral third party called a
innocent is as bold as a lion ( Proverbs) mediator. The mediator helps parties
but the reverse is not true: i.e. that non- identify issues and develop proposals to
flight is indicative of innocence. resolve their dispute. Once the parties
Disguise or sudden unexpected change of have arrived at a mutually acceptable
address, are admissible to prove guilt. arrangement, the agreement becomes the
Unexplained delay is an admission of lack basis for the courts decision on the case.
of merit as in: (a) claim of self defense
(b) of a cause of action or defense C. Exceptions: When the offer is admissible
Sending/giving an apology (gift-offerings), in evidence
asking for forgiveness, are admissible as
proof of guilt or fault 1. When the offer contains an admission of
But repair of vehicles involved in a an independent fact.
collision is an exercise of a right and not
an admission of fault. Examples:
The act of a lessor in repairing the leased a). X writes Y demanding payment of a debt.
tenement is an implied admission that he is Y answers and offers to pay half and the
the party with the obligation to make other half within an extended period plus
repairs and not the lessee. an additional interest, if X foregoes
suing him because he also has to pay off
OFFER OF COMPROMISE his debt to Z. In a suit by Z against Y,
I. CONCEPT: It is in the nature of a such offer of Y to X may be used in favor
proposal to give or make concessions to of Z if Y denies liability.
another in exchange for the withdrawal or b). X sues Y for failure of Y to deliver
dismissal of a pending case, or to prevent the jewelry subject of a sale. Y offers
a litigation from arising. It is most often during the Pre-Trial that he will deliver
called Areglo or Out of court the jewelry in two months after he has
settlement. redeemed them from Z and if the case is
withdrawn, he will pay additional damages
II. RULE IN CIVIL CASES per Section 27. An to X. If Y later files a theft case against
offer of compromise is not an admission of Z over the jewelry, his offer in the civil
liability or that anything is due and is case is admissible.
not admissible in evidence.
2. When the offer contains an admission of
A. Reason: It is the policy of the law to liability, such as the existence and
encourage the parties to settle their correctness of the amount.
differences peacefully without need of
going to the courts and in keeping with the Examples:
trend to settle disputes through a). P demands of D to return money received
alternative dispute resolutions, as well by D as consideration for goods which D did
as to unclog the docket of the courts. not deliver. D offers to deliver within a
certain period of time provided P foregoes
B. The following embody this policy. with the damages. D claims he has not
1. Under the Local Government Code which intention of fooling P as he suffered
established the Barangay Courts and temporary business reveres. The offer is
requires that cases be referred first to it admissible against D.
for possible settlement before they are b). P demands P to leave the house for
elevated in court. unpaid rentals. P asks he be given 3 months
extension to pay as his money has not yet
arrived. He later denies having unpaid b). Prosecutions under the NIRC where
rentals. payment of the compromise penalty will be a
ground for the non filing of a criminal
maybe received in evidence as an implied c). Genuine Offers to Marry by the accused
admission of guilt. in crimes against chastity.

A. Offers contemplated: are those which 2. Quasi-offenses which do not involve any
are made out of consciousness of guilt, criminal intent
where the accused acknowledges doing the 3. Under the Good Samaritan law an offer
act or incurring the omission and desires to pay for the medical and hospital bills
to escape punishment by offering to buy off and similar expenses occasioned by an
the complainant. Those made to avoid injury. This is to encourage people to help
embarrassment, or inconveniences, or to buy those who need immediate medical attention
peace of mind, are not implied admissions and because of the possibility that the
of guilt. offer to help arose from humanitarian
concerns and not from guilty conscience.
4. Those made pursuant to tribal customs
and traditions
B. Reason for the Rule 5. Those which were not authorized by the
party or made in his behalf but without his
1. As a matter of public policy, it is to consent and/or knowledge.
discourage the accused from preventing the 6. Those where the party was induced by
prosecution of crimes and punishment of the fraud or force or intimidation
guilty. The object of criminal prosecutions 7. Those which did not arise from a guilty
is to uphold the law and discourage people conscience
from violation of the law which objectives
may not be realized if the parties are D. A withdrawn plea of guilty is not an
permitted to decide when to pursue or not implied admission of guilt. An offer to
to pursue a criminal case. This refers to plead guilty to a lesser offense, if
the penal liability of the accused. rejected, is not also to be considered as
2. But as to his civil liability, the an admission. Both actions are rights
parties may enter into a compromise. provided by law and no unfavorable
inference is allowed to be made there
C. Exceptions: where an offer of compromise from.
is not an implied admission of guilt
1. Where the law allows a compromise:
a). Those cases covered by the Court- RULE: Section 28. Admissions by a third
Annexed Mediation under R.A. 9295 party. The rights of a party may not be
(Embodies the policy to encourage prejudiced by the act, declaration or
Alternative Dispute Resolution). There are omission of another.
certain criminal cases which must undergo
the process of compulsory mediation wherein I. INTRODUCTION. RES INTER ALIOS ACTA
the parties are encouraged to find mutually RULE
satisfactory terms and conditions to put an
end to their difference. A compromise is A. Meaning: Every act or omission results
therefore allowed and maybe the basis for a to corresponding consequences which may be
dismissal of the criminal case. These beneficial or harmful. The rule answers the
criminal cases include: question: Who are bound by an admission and
(i) The civil aspect of a prosecution for who must bear the adverse consequences? It
B.P. 22 embodies the first part of the so called
(2) The civil aspect of quasi-offenses Res Inter Alios Acta Alteri Nocere Non
. Estafa, physical injuries, theft, crimes Debet Rule (Things done between strangers
covered by the Rules on Summary Procedure ought not to injure those who are not
and all others which are not expressly parties to it, or transactions between two
declared by law as not subject of persons ought not to operate to the
compromise such as any act constituting prejudice of third persons). The effects
violence against women and their children. and consequences of an act or omission
should be the sole responsibility of the
actor himself and should not affect third
persons who did not participate in the act (ii). execution of a promissory note or
or omission. A mans life, rights, fortune execution of a similar contracts
and property should not be affected by what (iii). statements as to the financial
other peoples conduct. condition of the partnership
(iv). declarations as to the ownership of
B. Reason: (i) Fairness and (ii) Acts of partnership properties
third persons are irrelevant to the case
involving the act of a party which is the c). It was made during the existence of the
subject of the case. partnership.

C. Exceptions: when the conduct of a third 2. Rule as to Agent-Principal. The agent is

person is admissible as evidence against a deemed an extension of the principal such
party to a case that the act of the agent is the act of the
1. In case of vicarious admissions principal.
2. Under the Principle of Admission by a). The requirements are similar to that
Adoption among partners
b). The relationship include:
FIRST EXCEPTION:VICARIOUS ADMISSIONS (i). Those expressly created by virtue of a
grant of a General or Special Power of
1. CONCEPT: These are admissions by one Attorney, or Letters of Administration and
who, by virtue of a legal relationship with similar formal documents, or when
another, maybe considered as acting for and professional services have been retained as
in behalf of the latter. These are acts, in the case of a lawyer-client.
omissions or declarations by a person who (ii). Agency by Estoppel
is not a party to a pending case, but are (iii). Agency By Referral: when one party
however admissible as evidence against one expressly refers another to a specific
of the parties. Their admissibility as third person in regard to a matter in
evidence is based on the identity of dispute, the declaration of the third
interest between the stranger and the party person binds the party who made the
concerned. referral. In effect he made the third
person his agent.
II. KINDS: They are enumerated under Example: When the seller referred the buyer
Section 29 to 31. to a real estate agent/realtor/appraiser
concerning the value of the property to be
A. Admission by a co-partner, an agent, sold, then he is bound to sell at the price
joint owner, joint debtor or one jointly quoted by the agent/realtor/appraiser.
interested. (Rule 29)
1. The rule as to co-partners is based on 3. As to Joint Owners, they need not be
the identity of interest among the partners equal owners. Joint debtors refer to
such that each partner is an agent of the solidary debtors. The requirements are
other partners. The requirements are: similar to that among partners, agent-
a). The existence of the partnership must principal.
first be established by evidence other than
the act or declaration. Proof includes B. Admission by a Co-conspirator. The act
formal documents such as: (i) the Articles or declaration of a conspirator relating to
of Partnership or registration papers filed the conspiracy, and during its existence,
with the appropriate government agency such maybe given in evidence against the
as the SEC or DTI, (ii) by the contract of conspirators after the conspiracy is shown
partnership, or (iii) by the acts of the by evidence other than such act or
partners, (iv). by the principle of declaration (Section 30).
1. The conspiracy has reference to
b). The act or declaration must refer to a conspiracy as a mode or manner of
matter within the scope of the authority of committing a crime which presupposes that a
the partners, or that it relates to the crime has actually been committed by two or
partnership. Such as: more persons and the issue is whether these
(i). obtaining a credit or loan or two or more persons maybe held equally
incurring of a liability for the liable. It therefore becomes relevant to
partnership, such as borrowing money to add determine whether the act or declaration by
to the capital one can be used as evidence against a co-
accused. The conspiracy includes both the
anterior conspiracy and spontaneous participates in it, he adopts the previous
/instantaneous conspiracy. acts and declarations of his fellow
2. The act or declaration refer to those conspirators which are admissible against
made extra-judicially and not to acts or him.
declarations by a conspirator during the
trial C. Admission by Privies When one derives
property from another, the act declaration,
3. Requirements: or omission of the latter, while holding
a). The existence of the conspiracy among title, in relation to the property is
the accused must first be established. evidence against the former ( Section
(i). May be by direct proof or 31).
circumstantial evidence showing Unity of 1. Privies are those who have mutual or
Intention or Purpose and Unity of Action. succession of relationship to a property
(ii). The act or declaration may be either by: (a) law, such as heirship or
presented first subject to the rule on hereditary succession, or purchase in a
conditional admissibility i.e. proof of the public sale, or (b). by the act of the
conspiracy be presented latter, or the act former owner, such as instituting an heir,
or declaration may be admitted to prove the legatee, or devisee, or naming a donee; or
guilt of the declarant and not to prove the by (c). mutual consent between the former
conspiracy. and present owner, such as by deed of sale.
2. Concept of the Rule: The present owner
b). The act or declaration must relate to of a property acquires the property subject
the conspiracy or common objective, such to the same burdens, obligations,
as: liabilities or conditions which could have
(i). the participation of each in the been enforced against the previous owner.
commission of the crime 3. Illustrations of acts of the prior owner
(ii). The manner of achieving the objective which bind the present owner:
(iii). Defenses to be made or relating to a). The previous acts of the owner
the escape alienating a portion of the property, or
(iv). Ensuing the successful execution of creating a lien in favor of a third person
the plan. b). Contracts of Lease, mortgages
Ex: The killing of an approaching policeman c). Statements by the prior owner that he
by the look-out in a robbery, even if not obtained the property by fraud, or that he
agreed upon, but was necessary to prevent has only a limited interest in the property
the discovery, is the liability of all the

c). The act or declaration was made while I. CONCEPT: This refers to a partys
the declarant was engaged in carrying out reaction to a statement or action by
the conspiracy in that the conspiracy must another person when it is reasonable to
still be in existence, and not when the treat the partys reaction as an admission
conspiracy has ceased. A conspiracy ceases: of something stated or implied by the other
(i) when the crime agreed upon has already person. The adoption may either be by
been committed (ii) the accused were positive conduct or by silence/ inaction.
apprehended (iii) as to one who left the A. Effect: By adoptive admission, a third
conspiracy and did not participate in its persons statement becomes the admission of
execution (iv) when the plan was a party embracing or espousing it. The
abandoned. statement or conduct by the third person is
evidence against the party concerned.
Thus: statements by one of the accused
while in custody; acts done upon the arrest II. Adoption by Positive Conduct arises
of the several accused, do not anymore bind when a party either:
the other. Examples: Statements given to
the media after arrest binds only the a). Expressly agrees to or concurs in an
declarant. The act of one in killing an oral statement by another
arresting officer in order to escape binds b). Hears a statement and latter
him alone. essentially repeats it
c). Utters an acceptance or builds upon the
4. The rule applies to a Conspiracy By assertion by another
Adoption: When one joins a conspiracy d). Replies by way of rebuttal to some
after its formation and he actively specific points raised by another but
ignores further points to which he or she within hearing distance or proximate to
has heard the other make where the act was done, such that, in the
e). Reads and signs a written statement event the party claims otherwise, it may
made by another ( Republic vs. Kendrick reasonably be said that the party must have
Development Co., 498 SCRA 220) heard the statement, or that he saw the
Example: Estrada vs. Arroyo 356 SCRA 108; b). Hence if the party was intoxicated, or
353 SCRA 452: In said case Estradas lack in a state of shock, or a deaf mute, or if
of objection or comment to the statements, the statement is muted by noise, or
proposals by Sen. Angara inaudible, or in a language not understood,
concerning Eraps leaving Malacanang, ( as or when the party was distracted, or his
narrated in the so called Angara Diaries view was obstructed, then the rule will not
serialized in the Phil Inquirer) such as apply.
the negotiations with the Arroyo camp, the
points/conditions of his leaving the 2. The party was at liberty to interpose an
palace, were considered as evidence objection. There was no duress or
admissible against Erap to prove he intimidation or fear of immediate harm
acquiesced to his removal and that he arising from his objection.
voluntarily relinquished the presidency.
The court further expounded on admission by 3. The statement was in respect to a matter
adoption as being: affecting his rights or in which he is
(a) By conduct manifesting a partys belief interested and calling naturally for a
in the truthfulness of the statement of a comment.
third person by expressly or implicitly a). The statements or acts impute some
concurring with it; or responding in such a wrongdoing or creates a liability against
way that manifests a the adoption of the him, or subjects him to suspicion, or it
statement would result to a diminution or injury to
(b) By a partys refusal to refute an his rights or property, or reputation, or
accusatory statement that a reasonable to his person or that of his family.
person would refute under the same or b). Example: A party is caught in a very
similar circumstances compromising situation or flagranti delicto
with a person not his spouse, and is asked;
III. Adoption by Silence/Inaction what is the meaning of this?, but he
makes no reply, then his silence will be
A. Rule: An act or declaration made in the evidence of wrong doing.
presence or within the hearing or
observation of a party who does or says 4. The facts are within his knowledge as a
nothing when the act or declaration is such person is not expected to comment or react
as naturally to call for action or comment to matters about which he is ignorant.
if not true, and when proper and possible
for him to do so, may be given in evidence 5. The fact admitted or the inference drawn
against him. ( Section 32) from the silence is material to the issue.
a). Thus the silence of a man caught in
B. REASON: This is based on the human and possession of stolen articles is not
natural instinct to resist, rebut, deny or admissible in a prosecution for physical
object to untrue statements about ones injuries.
life, family, rights, property or
interests. The failure to do so is an D. Instances when silence is not an
implied admission of the truth of the admission
Hence, he who remains silent when he ought 1. Silence by a suspect who is under
to speak can not be heard to speak when he custody of law enforcement agents
should be silent. 2. Upon advice of counsel
3. When to comment would disturb a solemn
C. REQUISITES for the application of the proceeding such as a mass, a meeting, or
Rule. court trial
4. When the circumstances of time, place,
1. That the party heard and understood the and occasion does not make it proper and
statement. appropriate for a party to comment.
a). The party must be at the place where 5. When the matter is privileged.
the statement or act was made and must be 6. There is no good reason to comment.
7. When the party is in a state of shock or a). Corpus delicti, or the fact that a
in some similar mental state crime was committed, has two elements: (i)
8. The comment is made by strangers. an injury or harm which was suffered by a
person and (ii) the cause or origin thereof
E. Other Examples of Admissions by silence must be criminal in nature
1. Failure to reply to letters of Account 3. As to oral extra-judicial confessions,
is an admission of (a) the existence of the they afford no conclusive proof of that
account and (b) the correctness of the which they state but merely present a prima
account. facie case. It may still be proved they
2. Failure to call an important witness is were uttered/made in ignorance, or levity
an admission that his testimony would be or mistake.
3. But the failure of a witness to report II. CLASSIFICATION OF CONFESSIONS
immediately and to describe the malefactor
at the earliest opportunity merely affects A. Judicial: when the accused pleads guilty
the accuracy but not the veracity of a during the arraignment, or when the accused
witness testifies and admits the offense.
B. Extra Judicial which may either be
CONFESSIONS custodial or non-custodial, written or
I. CONCEPT/RULE: The voluntary oral.
acknowledgement by a person of his guilt of 1. Custodial: includes all situations where
the offense charged or of any offense a person is under the custody of, or
included therein, may be given in evidence deprived of personal liberty by, public
against him. (Section 33) officials whose functions include the
apprehension of criminals and/or
A. Compared with Admissions. investigation of crimes, who are often the
1. As to concept and coverage: An law enforcement agents, as well as those
admission is broader as it covers any fact tasked to enforce the law violated.
so long as its adverse to the interest of
the party. A confession is limited to the a). The person may have been lawfully
act of an accused acknowledging that he arrested by virtue of a warrant of arrest
committed or participated in the commission b). The person was arrested lawfully
of a crime. A confession is a specie of without a warrant
admissions. c). The arrest is illegal
2. As to form: An admission may be in the d). The person voluntarily surrendered
form of an act, declaration or omission, e). The rule applies whether or not a
expressed or implied. A confession is formal charge has already been filed in
always in the form of written or oral court, or a crime is still being
declaration, and is always expressed. investigated and the person is merely a
3. As to where admissible. An admission is suspect.
admissible in evidence in both civil and
criminal cases whereas a confession is 2. Non-custodial: either the confessant is
admissible only in criminal cases. not in the custody of any person or is
4. As to the author: an admission may be custody but the custodians are private
made by a party or by third persons. A persons, private security agencies, or of
confession is made only by the accused their employers, or even of public
personally officials but who are not law enforcement
agents, such as the Mayor or the Barangay
B. Evidentiary value: Captain.
1. Confessions are admissible against the
confessant. They are evidence of a high III. REQUIREMENTS FOR ADMISSIBILITY
order for the reason that no person in his A. That the confession must be voluntary
right senses would admit his guilt or i.e it was given freely, knowingly and
participation in the commission of a crime, intelligently.
knowing that it would subject him to
punishment. He must be prompted by truth. 1. This requirement applies to all kinds of
2. But for purposes of conviction, the confessions
confession must be corroborated by evidence 2. The accused gave the confession of his
of corpus delicti (body of the crime) own free will, with full understanding and
pursuant to Section 3 of Rule 133. knowledge of its consequences and that he
was not coerced, pressured, forced,
intimidated or improperly influenced, or company of cell mates and not officers, the
subjected to third degree. coercive atmosphere is lacking. Miranda
a). The force or intimidation need not be forbids coercion, not mere strategic
applied personally to the confessant but to deception by taking advantage of a
a third person so long as the purpose is to suspects misplaced trust in one he
affect the will of the confessant and the supposes to be a fellow prisoner.
giving of the confession is the
condition for the force to stop. 3. But the rule is different when the
3. The Test of Voluntariness involve two suspect has already been indicted or
aspects: arraigned.
a). The susceptibility of the suspect to
be influenced by fear or force considering A. The Massiah rule based in the case
his: (i) background (ii) intelligence (iii) of Massiah vs. U.S. states that once
education (iv) prior experience with the adversary proceedings have been commenced
system (v) physical condition (vi) mental against an individual, he is entitled to
condition and (vii) coping skills counsel and the government may not
b). Environment and Method of Investigation deliberately elicit
used which include considering (i) the incriminating statements from him, neither
location of the setting (ii) length of the openly by uniformed officers or by secret
questioning (iii) intensity (iv) frequency agents.
of the questioning (v) food and sleep
deprivation and (vi) intimidating presence i). The Massiah rule includes stimulated
of officers conversions to elicit incriminating
4. In the event the confession was due to evidence or any form of INDIRECT
an inducement, consideration, promise or SURREPTITIOUS INTERROGATION
exhortation, the following rules govern: ii). However, Massiah does not apply when a
a). The confession is voluntary if due to cellmate, who agreed to be an informer,
religious exhortation merely listened to the suspect and did not
b). Voluntary if due to given due to initiate any conversation purposely to lead
material considerations or promise or the suspect to talk.
reward of material or financial or any form
of gain B. Additional Requirement for Custodial
c). In case of a promise of immunity, it is Confession to be admissible
involuntary if the promise was made by one
who is in a position to fulfill the 1. The confession must be in writing
promise, such as the investigating officer 2. In a language known or understood by the
or the complainant. But a promise by the confessant
police that he will get a lower penalty 3. It was given with the assistance of
does not make the confession involuntary. counsel, or that the right to counsel was
d). But if the accused gave a confession as properly waived ( in writing and with the
a condition for being discharged as a state assistance of counsel) and the confessant
witness but he later refused to testify, was properly Mirandized.
his confession is voluntary a) The giving of the constitutional
e) Involuntary if due to a promise or offer warnings must appear in the confession and
of a pardon by one who is in a position to in fact must preface the questioning
work for it. b) The giving must be in a manner which
communicates meaningful information to the
5. Admissibility of Confession obtained by confessant
Trickery or Deceit c) Counsel refers to a competent, able and
1. The general rule is that the use of independent counsel; one who is vigilant
artifice, trickery or fraud in inducing a and aware of his responsibility as
confession will not alone render the assisting counsel. He was either chosen by
confession inadmissible as evidence. For the accused or provided him by friends or
examples: those obtained by detective relatives, or one appointed by the court
posing as prisoners or obtained by promise upon Petition by the confessant or by one
of secrecy and help to escape or by acting in his behalf
conversations between suspects and d). If counsel as provided by the
undercover agents are admissible. investigating officer, the counsel shall be
deemed engaged by the confessant if he
2. The Miranda rule does not apply because never raised any objection against the
when a suspect considers himself in the formers appointment during the course of
the investigation and thereafter subscribed assume the constitutional warnings were
to the veracity of his statement before the properly given.
administering officer. 2. Through the testimony of the person to
4. It must be signed or thumb marked by him whom the confession was handed, if it was
not taken b the police, or to whom the oral
IV. RULE As to Self Incriminatory confession was made.
Statements or Non Confessional Acts by
persons in custody. VI. PROOF OF VOLUNTARINESS

1. Signed Receipts of Property Seized are A. The voluntariness of a confession is not

in admissible unless the accused was to be presumed but must be proven by the
Mirandized. Under the 2002 Dangerous Drugs prosecution.
Law, the signing of the Inventory of Seized B. When the accused claims the confession
Articles by the accused is expressly was coerced or involuntary, the following
declared to be not admissible as evidence may be considered as evidence of
against him. voluntariness:
2. Evidence based on re-enactments are also a). Failure of the accused to present
inadmissible unless the re-enactment was convincing proof of duress other than the
with counsel or the right to counsel was self-serving declarations
properly waived. b). Failure to complain to the
3. Facts voluntarily divulged to the media administering officer
are admissible as admissions unless the d). Failure to show marks or physical
media was in collusion with the police to evidence of force
elicit inculpatory/incriminatory e). Failure to undergo medical examination
statements, in which case the for alleged injuries
constitutional warning should first be f). Failure to institute action against the
given before any interview; or if the media erring officer
was instructed to extract information as to g). The confession is replete with details
the details of the crime. known only to the confessant
h). Confessions contains exculpatory
See as Examples: PP s. Endeno (Feb. 20, statements
2001) and PP v.s Taboga (Feb. 6, 2002)
involving a taped confession sent to the VII. INADMISSIBLE CONFESSIONS: EFFECT
media. THEREOF

4. After the accused was properly informed 1. A confession is inadmissible if in any

of his rights, facts voluntarily divulged of the following cases: (a) involuntary or
by him without being asked, are admissible, coerced (b) there was failure to give the
unless these statements were the result of constitutional warning properly as to
some ploy or stratagem by the police, as in custodial confessions or if the latter was
the case of the good cop-bad cop (c) uncounseled and right to counsel was
approach. not properly waived.
5. However, even if the confession is 2. The inadmissibility is total even if the
inadmissible, still the evidence may be contents are absolutely true and in case of
admitted under other principles, notably: custodial confessions, the inadmissibility
the doctrines of Inevitable Discovery; extends to all evidence derived there from
Independent Source, and Attentuation. under the Fruit of the Poisonous Tree
1. Through the officer who took the
confession who shall identify the A. As a rule the confession binds only the
confession, the signature of the accused confessant following the Res Inter Alios
therein and his counsel if with the Acta Rule.
assistance of counsel, and who shall
testify as to the giving of the B. Exceptions: when a confession is
constitutional warnings, and that the evidence against third persons
giving of the confession as voluntary. 1. When it was confirmed or ratified by the
a) The presumption of regularity in the co-accused
performance of duty cannot be availed of to 2. When the extra-judicial confession is
judicially confirmed
3. In case of interlocking confessions i.e. 3. There is the danger that a man may be
confessions made by two or more accused convicted or declared liable by reason of
independently of each other and without his dark or questionable past and not
collusion which are identical in their because he committed the present act.
essential details. The effects are as 4. There maybe a denial of due process.
a). they are circumstantial evidence II. EXCEPTIONS
against the persons implicated therein, of
his participation in the crime . Thus the A. To prove specific intent or knowledge:
identical confessions of 3 accused are this applies to cases where guilty
admissible against X who was mentioned by knowledge or intent is an essential element
all 3 as the master mind. or where the defense raised is good faith,
b). circumstance or factor in gauging the mistake of fact, or accident. There must
credibility of the testimony of another however be a rational similarity between
accused and of witnesses the condition which gave rise to the past
c). Each confession is evidence against all and present conditions.
confessants. 1. In a case of forgery or falsification
past acts involving similar forgeries are
4. If it is a non-custodial confession admissible to prove intent to falsify and
given by a co-conspirator it may be not to make corrections. Ex: The accused
admissible as an admission by a co- was previously caught changing the amount
conspirator if it meets all the in the check issued to him If later he
requirements therefore. tried encashing a check with the amount
altered, and this time claims lack of
v. RES INTER ALIOS ACTA RULE knowledge or ignorance, the previous act
vi. HEARSAY RULE AND ITS EXCEPTIONS will be admissible to show he really
vii. OPINION RULE intended to commit falsification.
ix. PRESENTATION 2. In a murder case or death by secret
8. SOME CONSIDERATIONS FOR PRESENTATION OF mode, the fact that other mysterious deaths
EVIDENCE involving previous wives of the accused who
a. AUTHENTICATION (NEED FOR SPONSOR) were all insured with the husband as the
b. CHAIN OF CUSTODY beneficiary, is admissible, in the death of
c. LAYING THE BASIS the present wife, also heavily insured and
C OBJECT EVIDENCE where the husband is a suspect, to prove
motive and intent to kill.
3. The previous act of feeding the
Section 34. Similar conduct as evidence- substance to animals is admissible to prove
Evidence that one did or did not do a the accused knew the substance is poison
certain thing at one time is not admissible and disprove his pretense of good faith. .
to prove that he did or did not do the same
thing or similar thing at another time, but 4. In an arson case, the previous acts of
it may be received to prove a specific trying to burn the place, about which the
intent, or knowledge, identity, plan, accused was sternly reprimanded, shows
scheme, system, usage and the like. that this time, when the accused was found
placing, clothes soaked in gasoline near
I. This is the second part of the Res Inter the house, his intent was really to burn.
Alios Acta Rule. The REASONS for the rule
are as follows: 5. In a case for estafa for issuing a
watered check, the prior acts of the
1. Past acts do not afford a logical accused in requesting other persons to who
guarantee that a person will or will not checks against the same account were
commit an act in question due to changes in issued, that cases be not filed, show
a mans lifestyle, habit, views, or in the knowledge that the check he issued to the
circumstances or conditions of his life. present complainant was stale.
2. Past acts are irrelevant as they merely
confuse the issue and violate the right of 6. In an action based on negligence, the
a person to be informed of what he is being act of asking for a spare tire previously
charged of or made liable for. is proof of knowledge of mechanical defects
of the vehicle.
in facts tested and the van involve in the
7. Note: under the Traffic Code, a previous accident was not suffering from any
violation for three times is evidence of mechanical defect.
negligence. 7. The habit of a passenger of clinging to
the back (or top load) of a running jeepney
B. To prove identity i.e where there is is admissible to show he was not the
doubt as to a persons identity or where passenger/robber seated beside the victim
identity in issue . at the drivers side.
8. The habit of a woman to sit at the lap
1. Note: in solving a crime where there are of customers is admissible to prove the
no eye witness, the fact that a person was absence of force in a charge of acts of
found to be the author of previous crimes lasciviousness.
committed in the same manner as the 9. However, under the Rape Shield Law, the
present, is admissible to prove he is the fact that the victim has had previous
author of the present crime. Example: sexual encounters is not admissible in a
Serial Killers, Akyat Bahay, the Ativan present charge for rape.
C. To prove a plan, system, design, Modus Section 35. An offer in writing to pay a
Operandi. particular sum of money or to deliver a
written instrument or specific personal
1. In estafa cases of illegal recruitment, property is, if rejected without a valid
the prior acts of advertising the opening cause equivalent to the actual production
of an office to assist in visa and tender of the money, instrument or
applications, and thereafter absconding, is property
evidence of a modus operandi or system of
deceiving the unwary public. 1. This may be availed as a defense where
defendant is alleged to have failed to
2. Prior acts of using different names to tender payment or delivery. It may also be
different people from whom money is a basis for the remedy of consignation.
borrowed and then unpaid, is admissible to 2. The tender of money must be
prove a plan or design to of deception. unconditional and for the whole amount
otherwise the this is a valid ground to
3. The prior acts of claiming to be a reject the tender.
member of the staff of a certain politician
and asking for donation else the business TESTIMONIAL KNOWLEDGE: THE HEARSAY RULE
papers will not be processed, shows a plan
of extortion. I. INTRODUCTION

D. To prove habit, custom, usage or A. Sources of What a Witness Testifies On.

practice. When a person testifies that a certain
event occurred or that a person did or did
1. These can only be established by showing not do an act, his reasons or basis may
a repetition of similar acts on various either be:
occasions. 1. Facts based on his own personal
knowledge or direct knowledge, such as when
2. Thus wife battery requires a cycle and he testifies to facts or events which he
previous acts have to be proven. personally saw or in which he participated,
3. To prove negligence, the fact that a or to statements he personally heard.
driver almost always tries to beat the red 2. Opinions, conclusions or estimations
light is relevant. which the witness himself arrived at or
4. To prove habituality or recidivism or formed.
habitual delinquency, previous acts are 3. Matters relayed to him, or learned by
required. him from third persons or acquired by from
5. The habit of a businessman to always pay sources outside of his own personal
in check is proof he did not make a knowledge.
purchase as no check was drawn or made in
favor of the seller-complainant. Testimony based on the first source is
6. The custom of the operator of vans for admissible so long as it is relevant and
hire to test the brakes before renting the they are what the rules desire to be
van is admissible to show the brakes were testified upon. Testimony based on the
second is generally not admissible. erased/stricken from the records such that
Testimony based on the third source is it was as if the witness never testified at
generally inadmissible and considered as all.
hearsay. 3. The testimony is not hearsay if the
right to cross examine was expressly
II. CONCEPT OF HEARSAY EVIDENCE waived, or if it was lost by failure of the
A. In general, the term embraces all adverse party to claim or exercise it
assertions of facts, whether in the form of despite the opportunity given him.
oral or written statements or conduct, the
source of which cannot be subjected to the B. Out-of-Court-Statements. These refer
opportunity for cross-examination by the to statements or declarations by third
adverse party at the trial in which the persons which are being used or referred to
statements are being offered against him. by a witness in order to prove a fact. The
1. The essence and test of what is hearsay phrase aptly describes statements or
is the fact that the source i.e. the person declarations or conduct which were made
who made the statement, can not be elsewhere than in the trial of the case
subjected to the opportunity for cross- where they are being used as evidence.
examination. These two concepts can not be
separated from one another. They are of three kinds:
2. The emphasis is on the opportunity to 1. The Non-Hearsay Statements also referred
cross examine and not actual cross- to as the Independently relevant statements
examination because if there was and therefore admissible.
opportunity to cross examine but it was not a). Statements the making of which are the
actually exercised due to the fault or very fact in issue.
negligence of the adverse party, the b). Statements which are circumstantial
evidence is admissible. evidence of the fact in issue
B. The rule on hearsay is intended to 2. The Hearsay Statements which are
satisfy the requirement of due process inadmissible under Section 36.
which is that the adverse party has the 3. The Hearsay Statements but admissible as
right to confront the witnesses against an exception under Sections 37 to 47.
him, to test their credibility, the truth
of their statements, their accuracy, or the IV. NON- HEARSAY OR INDEPENDENTLY RELEVANT
reliability of the evidence against him. STATEMENTS
This is through the process known as cross-
examination. This is why the rule on A. The purpose of introducing the statement
hearsay evidence can not be separated from or declaration of another is not to prove
the requirement of due process. the truth of a fact but either: (i) to
prove the statement was indeed made,
III. KINDS OF STATEMENTS USED AS PROOF OF uttered, or written, or (ii) to prove the
FACTS tenor of the declaration i.e why it was
made, or that it was part of a conversation
A. In-Court-Hearsay Statements. These or exchange of communications or part of a
are assertions of facts by a witness based transaction or occurrence.
on his own personal perception but the
witness was not subjected to the B. The first kind: Statements the Making of
opportunity for cross examination. Which is the Very Fact in Issue. The
1. This usually occurs after a witness has question before the court is: Was there
testified during the direct examination but such an oral or written
the testimony becomes hearsay because the declaration/statement which was made? Was
witness refused to go back to court to be there such a conduct which was done? or
cross-examined; or he dies, becomes What was the statement or conduct made?
incapacitated mentally or physically, goes What were the words uttered or written?
abroad, or where for any cause not
attributable to the adverse party, he was 1. It therefore becomes necessary for a
prevented from cross-examining the witness to quote or refer to the statements
witness. or declarations or conduct of a third
2. The remedy of the adverse party is to person in order to answer the issue.
Move To Strike From the Records the Direct 2. Examples are: (a). statements as
Testimony on the ground that it is hearsay. constituting libel or oral defamation; (b)
If granted, the legal effect would be that actions based on a breach of a promise or
the direct testimony would be warranty (b). statements which are offered
as an admission by the adverse party (c). V. PURE HEARSAY AND INADMISSIBLE
statements quoted to destroy the
credibility of a witness or party. A. This is what is covered by section 36 :
A witness can testify only to those facts
C. Second Kind: Statements Which Are which he knows of his own personal
Circumstantial Evidence of the Facts In knowledge, that is, which are derived from
Issue his own perception, except as otherwise
provided in these rules.
1. To show the state of mind, mental
condition, belief, ill will or criminal B. Concept: A witness asserts something as
intent of the utterer/declarant true but his reason is the statement,
a). To prove insanity- I am God declaration or conduct of another. The
b). Discernment on the part of a minor: witness merely repeats the declarations of
he said Takbo na, Tago tayo others, he heard (it) said, or his
c). Evident Premeditation: May araw ka testimony is to a second hand information.
f). Guilty knowledge: Dont tell anyone C. Illustrations:
this money is fake, or it was stolen 1. Oral declarations or statements such as
g). Bias: I will stand by him no matter relying on news broadcasts, popular
what. May pinagsamahan kami kasi opinions, what people think or believe.
h). Ill-Will: I hope he dies. Ma fail ka 2. Written statements such as Affidavits of
sana third persons, news paper reports, entries
i). Anger, excitement, joy, elation, in the police blotter, medical reports, and
gratitude: any written account, report or statement ,
j). That Erap was resigned to giving up the which even if true, but the
presidency: Masakit, Ayoko na, maker/author is not the witness testifying
k).He was intoxicated on it.
3. Non-verbal statements or conduct. which
2. To prove the statement of mind of the are offered as assertion or proof of a
hearer or third person or of the witness, fact. Example: On the question of who
such that : killed Z, the witness was asked: Why do
a). He was not attentive you say it was X who killed Z? and he
b). He is bias answered: I inquired from those present
c). He did not understand or that he was who did the stabbing and one lifted his
mistaken finger and pointed to X . The act of
d). He was intoxicated pointing is non verbal hearsay conduct.

3. To show the physical condition of the 4. However, the testimony of a witness as

utterer to a non-human statement is not subject to
a). Illness: I have a headache the Hearsay Rule, such as those of
b). Pain: Aray: Tama na ( to substantiate a machines and animals because: (a). the lack
claim of self defense) of motive to lie on the part of animals and
c). Tired: Lets rest. My feet are killing machines and to (b). the workings of a
me. machine can be explained by human beings
who then are subjected to cross-
4. To fix or identify date, time, place or examination. Examples:
person in question i). to prove a party is not the owner of
a). Place: Quoting statements in the local the dog, a witness testified that he saw
dialect by unknown people the accused approached the dog and he heard
b). Time: Good evening, Gabi na, tulog the dog let out a grrrrrr
na kayo., Gising na, umaga na, Kain na, ii). to prove the accused was carrying a
Boom Tarantara prohibited article, the witness testified
c). Identity: Kuya Pedro, My younger that when the accused passed through the
brother, My seatmate, My crush, Itay, detector/machine, the machine emitted a
Baket whirring sound.
d). Sex of a Person: words such as Manong,
ate, kuya, Sexy, Pogi D. Evidentiary Value of Hearsay Evidence.
Hearsay evidence has no evidentiary value
5. To show the lack of credibility of the whatsoever even if it was admitted without
witness objection from the other party. This is
because this would violate the requirements
of due process and because the source of of the crime is the dying declaration and
the information was not subjected to the yet it is excluded.
personal observation of the Court as his
demeanor. B. Guarantee of Trustworthiness in that
what the victim declared is presumed to be

A. CONCEPT: These are the statements, oral 1. There is no more motive for a dying
or written, presented as evidence in court person to fabricate a falsehood, or in the
without the author of the statement having words of Lord Baron Eyre:
been presented to testify on them. A
witness offers these statements by third The general principle on which this
persons to prove a fact. species of evidence is admitted is that
they are declarations made in extremis,
B. BASIS. These statements are essentially when the party is at the point of death and
hearsay because the makers or authors of when every hope of this world is gone, when
these statements are not presented in court every motive to falsehood is silenced, and
and are not subjected to the opportunity the mind is induced by the most powerful
for cross examination. They are however are consideration to speak the truth; a
admissible because of two reasons: (1). The situation so solemn and so awful is
guarantee of trustworthiness or that they considered by law as creating an obligation
are presumed more likely to be true than equal to that which is created by a
not and (2. Necessity in that the court has positive oath administered in a court of
no option but to accept them due to justice.
circumstances which exempt the authors from
being personally presented in court as 2. Another basis for the presumed
witnesses. truthfulness is the fear if punishment in
the after life which may induce a person to
C. KINDS: They are those enumerated from speak the truth during his last moments.
section 37 to 47. The enumeration is But the fat that the declarant does not
exclusive. believe in an after-life of rewards and
punishment does not make his declarations
Sec. 37. DYING DECLARATIONS less true.

I. RULE: The declaration of a dying person, IV. REQUIREMENTS FOR ADMISSION

made under consciousness of an impending
death, may be received in any case where in A. THE STATEMENT MUST BE MADE UNDER
his death is the subject of inquiry, as CONSCIOUSNESS OF IMPENDING DEATH
evidence of the cause and surrounding
circumstances of such death. 1. The declarant is aware that his death is
imminent or that his death is certain to
II. CONCEPT: Often referred to as follow by reason of his wound. He knows, is
antemortem statements or statements in aware and accepts that he may die at any
articulo mortis, they are statements or moment.
utterances whether oral, written, or 2. But it is not required that death should
conduct, made by a victim of violence, immediately follow for it may happen that
after sustaining a mortal wound, under the the victim dies after the lapse of hours or
belief that death is imminent, stating the days. It may happen that his condition
facts concerning the cause and improved but nevertheless he died after an
circumstances of his mortal wound. interval of time. It is enough that when he
made the statement he believed he was about
3. If he entertained some hope of
A. Necessity. What the victim declared is recovering or of surviving his injury, his
material to the case. But the statement will not constitute a dying
victim/declarant is already dead hence the declaration, but if later when his
only available remedy is to rely on the condition worsened, he ratified his
testimony of a witness who heard, read or statement and thereafter died, then the
saw the dying declaration. This also to statement ill be considered as a dying
prevent an injustice if the only evidence declaration.
4. This requirement is present:
a). From the express declarations of the 1. The case may either be criminal or civil
victim so long as the issue involves the death of
b). Inferred or implied from his utterances the declarant. If a criminal case, it may
or conduct, such as when he begged be for consummated Homicide, Murder or
forgiveness, asked for a priest to give him Parricide, and it may be a simple or
the last rites, asked a friend to watch complex crime as for example Robbery with
over his family. Homicide, Rape with Homicide, Direct
c). Inferred from his conduct or reaction Assault with Homicide, or Multiple
of acquiescence when it was communicated to Homicide.
him that his condition is hopeless and he 2. The civil cases include action for
cried or his countenance changed. damages arising from the death of the
d). Inferred from the actual character and declarant, or claims for insurance.
seriousness of his wounds, which may
justify and acceptance of mortal danger. D. THE DECLARANT MUST HAVE BEEN COMPETENT
Example: when the victim pointed out his AS A WITNESS HAD HE BEEN CALLED UPON TO
assailant, he was in agony due to a mortal TESTIFY IN COURT.
wound or was gasping for breath.
1. Dying declarations stand in the same
B. THE DECLARATION MUST CONCERN THE CAUSE footing as testimony given in open court by
AND SURROUNDING CIRCUMSTANCES OF THE a witness. At the time of the dying
DECLARANTS OWN DEATH/INJURY. declaration, the declarant has all the
qualifications as a witness and is not
1. The declaration must relate to the why, suffering from any physical or mental
who, how, where and what, about his own ground for disqualification.
mortal wound. If it concerns the wound of 2. Thus if the declarant was at that time
another, it might be admissible under the too drunk, under the influence of drug,
Res Gestae Rule, or if the declaration is mentally insane, or an infant, his
something contrary to the statements would not qualify as a dying
declarants interest, it might be declaration.
admissible as a declaration against
2. Thus if before dying, the victim of a SUGGESTION OF IMPROPER INFLUENCE.
shooting incident told these statements to
his friend:. Pedro shot me and (b) he also V. FORM AND MANNER OF INTRODUCING DYING
shot Peter. (c). Tell my children that the DECLARATIONS
son of Maria is their half
brother. Statement (a) is a dying A. They may be oral which maybe in the form
declaration whereas statement (b) would be of answers to questions asked, or voluntary
admissible as part of the Res Gestae in the statements or utterances at the instance of
prosecution of Pedro for shooting Peter. the declarant. These may be introduced
Statement (c) would be a declaration through the testimony of the person to whom
against interest in an action against the the oral declarations were given or by one
estate of the victim by the illegitimate who heard them
B. They may be written either in a paper or
3. There are two kinds of declarations other solid surface with the use of pen,
which, even if they refer to the cause and pencils or conventional writing materials,
circumstances, are not admissible as dying or with the use of any material by which
declarations: (a) Those which are in the letters or written symbols are formed, such
nature of opinions or conclusions. Example: as blood, lipstick or sharp instrument. The
I believe Pedro was the one who shot me. written declaration need not be signed by
He is the only who wanted me killed, and the declarant. These are introduced by
(b) those which contain hearsay presenting the written declaration if
information. Example: People say it was physically possible, else reproductions
Pedro who shot me. thereof may be used in substitution or
C. THE DECLARATION IS OFFERED IN A CASE their existence and contents maybe
C. It may be in the form of bodily
movements such as by pointing or hand,
gestures, swinging or nodding of the head,
eye movements, or any physical form of C. Dying declarations may be used by either
communication. These is introduced by the party, though generally it is the
testimony of the persons to who received prosecution or plaintiff who is expected to
them as answers to his inquiries, or by use them. However there is no law which
those who saw or observed the gestures denies the accused or defendant the use of
a dying declaration as their own evidence,
D. Where the declarations are in the form if they believe it is to their advantage,
of answers to inquiries, there must be as when it points to other perpetrators, or
observance of the Rule of Completeness: the negate an aggravating circumstance.
declarations /statements or answers, must
be responsive to the question asked, is not Sec. 38. DECLARATIONS AGAINST INTEREST
vague or equivocal, such that it provides a
complete information to what is asked I. CONCEPT: These refer to any oral or
concerning the injuries of the declarant. written declaration or conduct by a person
which is against his interest provided the
VI. WEIGHT OF DYING DECLARATIONS person is already dead or unable to
testify. The declarant is not however a
A. Dying Declarations do not enjoy any party to a case. The declaration maybe used
advantage nor do they deserve higher against his successors in interest or
consideration over other evidence. They are against third persons. A party to a case
not superior evidence. They are in the same may also use it as his own evidence.
level as all other evidence hence:
1. They are subject to the same tests of
credibility applied to all types of 1. An admission is not necessarily against
evidence. the interest of the declarant while a
2. The court has the discretion whether to declaration against interest is always
accept or reject a dying declaration or to against the interest of the declarant.
give it value or not, and how much weight 2. In admissions the admitter may be alive
it will accord it. while the declarant must be dead or unable
3. Dying declarations do not automatically to testify
result in conviction. They must be 3. The admitter is a party to a case while
corroborated. the declarant is not.
4. An admission is evidence only against
B. Dying declarations may be impeached or the admitter save in case of vicarious
shown to be unreliable through the admissions and admissions by adoption
following modes: whereas a declaration may be used as
evidence against strangers
1. By showing that the witness testifying 5. An admission may be made at any time
thereon is not credible or that he is even during trial, while a declaration must
untrustworthy. Example: he has a motive be made before the controversy arose.
against the accused, he is not fluent with
the dialect in which the declaration was III. INTEREST AFFECTED MUST BE REAL AND
made, the possibility of having misheard ACTUAL
the declaration, that his attention as
focused elsewhere than to listening to the A. Civil, Pecuniary or Proprietary.
2. By showing that the declarant is not 1. Pecuniary: The declarations may defeat
himself credible. Such as: his having given in whole or in part a money claim he has
contradictory or conflicting against a person. Example: the heirs of a
declarations; ill-will or revenge against deceased sued X to collect from him the
the accused or possibility of improper supposed unpaid consideration of a lot sold
motives, or that his condition is too far by the deceased. X presents the best friend
gone as to have affected his consciousness of the deceased who testified that the
or ability to give an accurate description deceased confided to him that although no
of the incident. receipt was issued, X actually had already
3. By showing the lack of credibility of over paid.
the declaration itself. Such as: it is
hearsay, an opinion, or is not in 2. Proprietary: The declarations may affect
accordance with the evidence. his property rights. Examples: I am a
mere administrator of this property, or a). A person is presumed to know certain
The money is my collection as a salesman matters about himself such as financial
only. status, condition of his business affairs,
Example: Creditor Z attached the land of a his interest in certain properties, his
deceased creditor which is actually participation in an act, or in a crime.
occupied by X to answer for the debtors b) Thus, in an action for money for
unpaid debt. X presents a letter written by services rendered, plaintiff presented a
the debtor prior to borrowing money from Z, letter written by the defendants son to
which letter advised the family that he is the plaintiff stating that he knew his
actually a mere administrator of the land father owed plaintiff for services
which in truth belonged to X. rendered. It was shown that the son did not
know the true nature of the transaction
B. Criminal: The statements may subject him between the plaintiff and his father- the
to a possible criminal prosecution. defendant.
a). In an arson case the
accused presents a letter of X to his 3. There is absent a motive to falsify.
girl friend stating that he has to leave
the country because he accidentally burned PEDIGREE
the store of their neighbor. I. CONCEPT: It covers all matters or
b). Statements by persons owning up a crime information relating to a persons:
for which another was charged. 1. Descent: his paternity, or genealogy or
c). Statement by the driver of a jeepney family tree. Example: who were the
that he was very sleepy while driving, is ancestors: the circumstances of their
admissible in an action for damages against birth, marriage, death, who were legitimate
the operator arising from a collision and who were not.
involving the said driver. 2. The circumstances of a persons own
birth, marriage, death, legitimacy.
C. Moral: 3. Descendants or issues if he has any
a). The act of a one man showing he is the including the circumstances of their birth,
natural father of a child, is admissible in marriage, death
a paternity suit against another man. 4. Sibling, i.e. brothers or sisters,
whether by blood or b affinity, whether
IV. REASONS FOR ADMISSIBILITY full or half blood, legitimate or
1. Necessity: Since the declarant is dead, illegitimate or by informal adoption, as
there is no other source from which the well as circumstances of their birth,
court may know what the declarant said, marriage, death, families.
other than the testimony of a witness. 5. All facts concerning family history
2. Guarantee of Trustworthiness: No person intimately connected with pedigree e.g. the
would declare or do something against his story that a brother was lost and presumed
own interest unless it si true. People are dead when in truth he was sent to an
cautious about making statements adverse to institution due to his abnormality)
themselves and ever they do, it is presumed
that the statements are true. However pedigree does not extend to the
question of citizenship or to legal
1. The declarant is dead or unable to
testify. Inability to testify includes II. PROOF OF PEDIGREE
situations where the declarant can no A. The best proof of a persons pedigree
longer be presented in court due old age, would be
physical disabilities insanity and similar 1).The records kept in the Office of the
mental illness, or he cannot be located Local Civil Registry
despite diligent efforts to locate him. 2). As provided by Article 172 of the Civil
a). If he is alive or present and can be Code as to filiations and
presented in court, then the testimony of 3) By DNA examinations.
the witness would be inadmissible as B. However if the foregoing are not
hearsay. available, proof consists of the
presentation of a witness who testifies to:
2. The declarant must have competent
knowledge about the matter subject of his 1. The declaration or admission of a
declaration. relative by birth or by marriage in
accordance with Section 39.
2. The Family Tradition or reputation
provided the witness testifying is a member C. Examples
of the family either by consanguinity or 1. In the case of FPJ whose citizenship
affinity pursuant to section 40. hinged on whether he was acknowledged by
3. Entries in Family Bibles, Family Books, the father, the court admitted an Affidavit
Charts, Engraving, Rings, and the like, of a sister leaving in California the
pursuant to section 40. contents of which declared that FPJ was
recognized by their father.
III. PROOF BY DECLARATION OF A RELATIVE 2. Maria wants to inherit as full heir from
(Sec. 39) Pedro. X testifies that Maria is the sister
of Ellen who is married to Juan, now
A. Reason for admissibility: ( Note that a dead. X presents a letter from Juan
witness is testifying to the statements of stating that Maria and Ellen are half-
a third person - the relative- who is not sisters because the father of Maria is not
available for cross-examination). Pedro but another man.
1. Necessity-to prevent a failure of 3. AB is charged with parricide for killing
justice since matters involving the descent X. A witness testifies that X is the
or relationship of a person occurred long illegitimate child of AB per information
before the case was filed and only a few coming from the deceased son of AB.
might still be available to testify
2. Guaranty of Trustworthiness- members of (Sec. 40)
a family are supposed to know those matters
affecting their own family A. Concept: This refers to the knowledge or
beliefs of a certain family handed from one
B. Requirements for Admissibility generation to another, or to practices or
1. The pedigree of a person is in issue or customs which are consistently observed or
is relevant to the main issue engaged in by said family. A member of said
a). Example: Cases involving inheritance, family is the one testifying to these
support, filiation, use of surnames, matters.
parricide, incest rape/acts of
lasciviousness or recognition. B. Examples:
1. The practice of making offerings to a
2. The declarant is dead or unable to deceased person, burning of incense, making
testify. If he is available to testify then of libations, visiting the grave, or
the testimony of the witness quoting the including the name of a person in the
declarant is inadmissible. family prayers, are evidence the dead is
3. The declarant and the person whose related to the family.
pedigree is in question are related to one 2. The family belief by a family in Bontoc,
another. Mt. Province, that their surname ANDAYA was
a). The relationship may be by blood or by adopted by their grandfather in honor of a
affinity and need not be close in degree. teacher from Tagudin, Ilocos Sur, who took
b). The relationship must be legitimate care of said grandfather.
unless the issue is the legitimacy itself. 3. Stories of a grandfather that he was
(Personal opinion: this is based on bias born on the day Bataan fell to the
against illegitimates. Suppose the Japanese, or an uncle who, during the
illegitimate relative has been accepted by earthquake, went to the mountains and was
the family?) probably buried in a landslide.
c). Non-relatives, no matter how close or 4. Practice of a family of inviting an
intimate they may be, such as close individual to clan/family reunions.
friends, house helps, nannies, are not 5. Belief of a family in Aringay, La Union
included and any statement they make upon a that the grandfather of Noli de Castro left
persons pedigree are inadmissible. that town in a particular year and migrated
4. The declaration must have been ante to Visayas
litem motam ( before the controversy arose)
in order to ensure the declaration was not V. PROOF BY ENTRIES IN FAMILY BIBLES, BOOK
the result of bias or improper motive. CHARTS, ENGRAVINGS, RINGS AND THE LIKE.
5. The relationship between the declarant (Sec. 40).
and the subject person must be established
by independent evidence independent of the A. Entries may include the names, and date
declaration. and place of births, marriages, death, and
other relevant data, about a relative, as provided the opinion is formed among the
well other important family occasions. people in the place where a person is
B. Other examples: pictures, portraits, known, such as in his work place,
baptismal certificates, the name and date residence, school. Examples:
appearing in wedding rings, family tree a). The reputation of one as an honest,
charts diligent and industrious laborer, or a fair
C. Names of relatives in published thank and kind employer, among their co-workers;
you messages in obituaries as well as in or as lazy
wedding invitations. b). As a trouble maker in the barangay
c). As a conscientious teacher
COMMON REPUTATION (Sec. 41) d). As a person with a hostile attitude or
as a belligerent and easily provoked person
I. RULE: Common reputation existing e). As a girl with loose morals
previous to the controversy respecting
facts of public interest more than 30 years 3. The marriage between two persons
old, or respecting marriage, or moral a). The reputation need not be from family
character, may be given in evidence. members. Thus H and W are known as husband
Monuments and inscriptions may be received and wife and are addressed or that the
as evidence of common reputation. community regard W as the wife of H and
vice versa
A. CONCEPT: Common reputation refers to the b). But where there is a formal marriage or
prevailing belief in the community as to documentary proof thereof, reputation of
the existence of certain facts or non-marriage is not admissible.
aggregates of facts arrived at from the
peoples observations, discussions, and PART OF THE RES GESTAE
consensus. There is absent serious
opposition, adverse or contrary opinion. I. RULE: Section 42: Part of the res
They are not just rumors or unverified gestae- Statements made while a startling
reports or say-so. occurrence is taking place or immediately
thereafter, or subsequent thereto, with
B. What common reputation may prove respect to the circumstances thereof, may
be given in evidence as part of the res
1. Matters of public interests more than 30 gestae. So also, statements accompanying an
years old or those affecting the people as equivocal act and material to the issue,
a whole and matters of general interest or and giving it legal significance, may be
those affecting the inhabitants of a town, received as part of the res getae.
province, or barangay. (Localized matters)
a). They must affect the community as a II. CONCEPT.
whole and not just certain groups 1. Res gestae literally means things
b). Examples: boundaries of lands, done. It refers to an event, an
existence of a road, a waterway or occurrence, a transaction, whether due to
irrigation canals; that a private right the intentional or negligent acts of a
exists in a public land, the reputation of person, or an accident, or due to the
a certain area as the :red district; the action of nature. All these events are set
birth of a town or barangay, how a town or in a frame of surrounding circumstances
city got its name, that a land has long which serve to emphasize the event or to
been regarded as a communal land. make it standout and appear clear and
c). It can not be used however to establish strong.
ownership over private lands.
d). Proof of common reputation: 2. These surrounding circumstances may
(i). Through the testimony of persons who consist of statements, utterances,
are in a position to know the public or exclamations or declarations either by the
general interest. He may testify thus: The participants to the events, or by the
old folks told us the land has always been victims, or by mere spectators. These
regarded as communal persons may not be known or are unavailable
(ii). By monuments, and inscriptions such for cross-examination and what they
as old road/streets signs; old maps and old declared, uttered or stated, or exclaimed
surveys are repeated by the witnesses who heard
2. Moral character or opinion of people
concerning the moral character of a person
3. They are the events speaking for about the event. Thus it is said that they
themselves thought the instinctive and are the events speaking through the person.
spontaneous words or acts of the persons
involved or present thereat. B. Factors to determine spontaneity
especially to statements made after an

A. Spontaneous Statements. Those made by a 1. The time which elapsed between the
person-whether a participant, victim or occurrence and the making of the statement.
spectator- while a startling occurrence is The declaration should not have been made
taking place, or made immediately prior, after a period of time where it is possible
during or subsequent thereto. for a person to reflect, analyze, and
B. Verbal Acts or Contemporaneous Acts. reason out. There is no yardstick to
These are utterances or statements, which measure the time which elapsed although the
accompany some act or conduct which time must not of such length so that the
explains or gives legal significance to the declarant can be said to be still under
act. nervous excitement.
. a). The utterance by a rape victim soon
IV. SPONTANEOUS STATEMENTS. after being rescued is spontaneous

A. Requirements for admissibility 2. The place where the statement was made
in that whether it was within the immediate
1. There must be a startling occurrence or vicinity or situs of the event or some
a happening which was sudden or unexpected- distance away.
not anticipated- which is capable of
producing nervous excitement such that it 3. The condition of the declarant at the
may induce or incite a person to make an time he made the statement- whether he was
utterance representing the persons actual in a cool demeanor so that he could have
impression about the event. carefully chosen his words, or he is still
a). Examples of a startling occurrence: in a state of nervous excitement. If as a
sudden death, collision between vehicles victim, his groans are indicative he is
and other vehicular accidents, a fight in still under the influence of the event.
progress, a snatching or robbery, a fire
breaking out, a suicide, an act of 4. The presence or absence of any
lasciviousness, panic breaking out. intervening circumstance between the event
and the making of the statements such as
2. The statement must relate to the those which may have diverted a persons
circumstances of the startling occurrence mind and restored his mental balance, or
or to the what, why, who, where and how of which in any manner might have affected his
an event. statement.
a). Examples: statements describing what a). In a collision, a driver notices that
is happening or referring to the persons several passengers are mortally injured,
involved such as Si Pedro sinasaksak, whereupon he exclaims: That bus was too
Tama na, patay na yan, yong mama, fast.
mabubondol. Mamang driver, dahan dahan, b). The arrival of the friends of the
mabangga tayo. Snatcher, help. B). They victim prompted him to shout, he, he is
include screams and cries of alarm, cries the one who mauled us for no reason.
of pain by victims, or words by a c). A person lost consciousness and then
participant such as Matapang ka ha? OOm. recovers whereupon he shouts: Juan, have
c) Exited words heard over the phone by a mercy
policeman are also included.
5. The nature and circumstances of the
3. The statement must be spontaneous. occurrence itself in that it must really be
a) The utterances or declarations were serious and capable of producing lasting
instantaneous, and instinctive. They were effect.
reflex words and not conclusions or
products of a persons conclusion, C. Relation to a Dying Declaration.
impression or opinion about the event. The
person had no time to make a reflection 1. When a statement does not qualify as a
dying declaration for failure to comply
with the requirements the latter, it may exclaimed; This land is mine, indicating
however be admitted as part of the res an assertion of ownership.
getae. This is under the principle of
multiple admissibility. This occurs: a) 3. The act is relevant to the issue.
when the victim survives b). there was no Example: In a prosecution for violation of
consciousness of impending death c). when the Anti Fencing Law, where the accused was
the statement relates to the injury of seen receiving the cellphone, this
another and not the declarant. statement of the giver is admissible:
Itago mo yan at huwag na huwag mong
2. Example: The victim said: Pedro shot ipakita kahit kanino
me. He also shot Juan. The first is a
dying declaration if the victim dies, 4. The statement is contemporaneous with
otherwise as part of the res gestae. The the act in that it was made at the time and
second is admissible as part of the res place of the act and not afterwards.
gestae in a case involving Pedro for
D. Illustrations
1. A Policeman testifies that he saw a
commotion and while proceeding thereto, he ENTRIES MADE IN THE COURSE OF BUSINESS
heard several screams such as Awatin nyo
si Pedro, Pedro maawa ka. Such screams I. RULE: Sec. 43. Entries made at, or near
made by unidentified persons are part of the transaction to which they refer, by a
the res gestae. person deceased, outside of the
2. A security guard testified that he saw Philippines, or unable to testify, who was
two persons entered the building and after in a position to know the facts therein
some minutes they came out running. He stated, may be received as prima facie
asked what was the matter and one of the evidence, if such person made the entries
two answered: napatay naming si Juan. in his professional capacity or in the
performance of duty and in the regular
V. VERBAL ACTS OR CONTEMPORANEOUS course of business or duty.
. II. CONCEPT: These refer to written
A. CONCEPT: These are utterances, accounts or recording of transactions or
declarations or oral statements which events, whether pertaining to commercial
accompany some act or conduct which activities or not, so long as they were
explains or gives legal significance to the made by a private person
1. There must be an act: I. RULE: Sec. 44. Entries in official
a). which is equivocal or one susceptible records made in the performance of his duty
to different meanings such as : (i) the act by a public officer of the Philippines or
of handing money to another (ii) the act of by a person in the performance of a duty
chopping down a tree on a piece of specially enjoined by law are prima facie
land (iii) the act of building a fence. evidence of the facts therein stated.
b). The act may be a continuing act or that
which takes place within a span of time I. Concept: Official records refer to
such as the regular deposit of money in the official documents containing data about
account of another for a year persons, places, conditions or properties,
c). There are however certain acts which state of things or transactions, prepared
the law considers as self-explanatory (res or made by a public officer, or by another
ipsa loquitor) such as criminal acts of especially enjoined by law
lasciviousness, injuring or killing
another. The situation concerns facts about which a
public officer has to testify on, but in
2. The oral statement must explain the act. lieu of his personal testimony, the
Thus the act of handing over money to official document prepared or kept by him
another was accompanied by the statements: are instead presented to the court.
here is payment of my debt, go buy
yourself lunch. The man chopping a tree II. Reasons for admissibility:
Examples: (i).The List of those applying
1. Necessity: difficulty of bringing the for a Prosecutors Clearance (ii).The
officer to court as when he has been Visitors Log Book of the Jail Warden
separated from the service, or assigned to (iii).Record of Cases heard by the Barangay
a place outside the courts jurisdiction, Police Blotter
as well as the great inconvenience caused c). The record is required by a superior.
to the officer, and the disruption of Example: The record of the whereabouts of
public service during his absence from his employees
office. Thus the court has to rely on the C.. The officer must have sufficient
official records prepared by him. knowledge of the facts recorded by him
acquired personally or through official
2. Guaranty of trustworthiness: The entries information ( Personal or official
are presumed to be true and accurate due knowledge)
a). The sense of official duty which led to 1. Official knowledge: the facts were
the making of the statement supplied by subordinates who have personal
b). Fear of penalty in the event of an knowledge of the facts and whose duty
error or omission involves ascertainment of such facts
c). In the routine (mechanical) and 2. Examples: (i). Tax Declarations signed
disinterested ( lack of personal by the Assessor (ii) Building Permit by the
involvement or interest) origin of most of City Engineer (iii) Birth/Death
the statements Certificate issued by the Local Civil
d). In the publicity of the record, which Registrar
makes more likely the prior exposure of
errors and their consequent correction IV. Probative Value: The entries are
merely prima facie evidence of the facts
III. Requirements for admissibility: stated and may be rebutted or nullified but
if the entry is of a fact, but not to those
A. The person who made the entry must be a made in excess of official duty, or those
public officer, or by another especially not required to be recorded.
enjoined by law
B. The making must be in the performance of SEC. 45. Commercial List and the Like
the officers duty or in the performance of
a duty especially enjoined by law Sec. 45. refers to Evidence of statements
of matters of interest to persons engaged
1. The keeping of the record must be due to in an occupation contained in a list,
any of the following reasons: register, periodical, or other published
compilation is admissible as tending to
a). It is required by law. Examples: prove the truth of any relevant matter as
(i). records of birth, marriage, adoption stated if that compilation is published for
an death kept by the Local Civil Registrar use by persons engaged in that occupation
(ii) List of voters and results of and is generally used and relied upon by
elections by the COMELEC Registrar them therein.
(iii) List of Eligibles by the CSC
(iv) List of Professionals by the PRC Concept: This refers to journals, list,
Record magazines, and other publications and
(v) The Day Book of the Register of Deeds similar written or published works
(vi) List of marriages by religious persons carefully researched an investigated and
licensed to solemnize marriages especially prepared for sue in certain
(vii) Sheriffs Return on a writ of trades, industry or profession, or even by
execution the public, which rely on them.
(viii) Court docket officer
(ix) The Notarial Registry of a Notary The authors or publishers are private
Public persons or entities
(x) Ship Log Book
Reason for admissibility
b). The nature of his work requires the
keeping of records i.e the records are 1. Necessity in that the authors,
convenient and very appropriate modes of compilers, or publishers may not be
discharging the officers duty. available to testify such as when they are
foreigners, or already dead
2. Trustworthiness in that these works were 6. Reference Books and Books on Knowledge
the product of research as to assure their such as dictionaries and thesaurus,
correctness or accuracy encyclopedias, yearbooks
Examples: 7. But not Publications on theology and
religion, literature such as novels and
Legal Profession: the SCRA though published other works of fiction even if the
by a private entity for profit i.e the background or setting is a historical fact;
Central Lawbook Publishing Co. philosophy.
Banks and financial institutions rely on
the FOREX IV. How introduced as evidence:
Insurance Companies rely on the Actuarial
and Mortality Tables 1. The court takes judicial knowledge of
The public on Business Phone Directories such publications as learned treatises
Result of Stock Transactions/Exchanges 2. An expert witness testifies that the
Census Reports writer or author is a recognized authority
Price Index of minerals, metals in the subject
But not tourist guide brochures
9. Calendars Testimony or Deposition in a former
Learned Treatises under section 46. Proceeding under section 47

I. CONCEPT: These are published treatises, I. Concept: A witness is sought to be

books, journals on a subject of history, presented in a present case but he is dead,
sciences, law and arts, which were unable to testify such that in lieu of his
carefully researched or subjected to personal testimony, what is presented is
scrutiny and investigation. The authors are his testimony in a prior proceeding.
scholars or experts on the subject or it is
a group of researchers. II. Requirements

II. REASON FOR ADMISIBILITY: A. The witness is dead or unable to

1. Necessity: the inaccessibility or, or testify. The witness may be suffering from
inconvenience to, the authors or illness or from a mental disqualification
researchers. such as having become insane or loss of
2. Trustworthiness in that the authors have memory due to age. His whereabouts is
no motive to misrepresent and awareness unknown despite diligent efforts to locate
that the work will be subjected to him or he was prevented by a party from
inspection, scrutiny and refutation, and appearing as witness, either by force or by
criticism; the works were carefully deceit or by persuasion. It does not cover
researched before being published and were a situation where the witness refuses to
purposely geared towards the truth come to court.

III. Examples: B. Identity of the parties. This may refer

1. Textbooks in history such as Gibbons The to identical parties or the parties are
Rise and Fall of the Roman Empire, books on their successor in interest or
Philippine History by Agoncillo and representatives
2. Text and reference books/materials in C. Identity of issues. The issue or matter,
medicine and its branches in which the testimony of the witness is
3. Books, periodicals and writings in the sought is common to both cases, even if
exact sciences such as algebra, there are other issues involved or that the
mathematics, the logarithmic tables, table form of action is different
on weight and measurements
4. Law books quoted as references by the Examples of cases where there is a common
Supreme Court such as Evidence by Francisco issue: (i) ejectment and recovery of right
( but not anymore Legal Medicine by Solis of ownership as both would involve the
as it is obsolete) question of who has physical possession
5. Commentaries on law subjects by (ii) an action for damages based on an act
recognized legal luminaries such as those or omission which was the subject of a
by Wigmore, Clark and Jones on Evidence; prior criminal case such as killing,
Manresa, Sanchez Roman and Scaevola on slander or libel or estafa.
Civil Law
D. Opportunity for cross examination by the 3. Motives or reasons behind the action of
opponent in the first proceeding a person, unless these were relayed to the
1. If the opponent, through his act or 4. Valuation of properties
negligence, did not cross examine, or lost 5. Cause of an event as being due to an
the right, the rule still applies. Example: accident, mechanical defect or human error
the defendant was declared in default and or action of nature
plaintiff then presented evidence ex parte
2. Thus if the proceedings in the prior IV. Exceptions or when an opinion is
administrative cases was summary and not admissible as evidence
adversarial/confrontational but was decided
based on affidavits and position papers, 1. In case of expert opinions given by an
the rule does not apply expert pursuant to Section 49
2. In case of lay opinions on certain
III. How to present: Present the Transcript specific matters pursuant to section 50.
of Testimony which the parties may
stipulate on. EXPERT OPINION

Sec. 49. Opinion of an expert- The opinion

of a witness on a matter requiring special
OPINION EVIDENCE knowledge, skill, experience or training,
which he is shown to possess, maybe
Sec. 48. General Rule. The opinion of a received in evidence.
witness is not admissible except as
indicated in the rules. I. Who is an expert- A person possessing
knowledge or skill not usually acquired or
I. Concept of an opinion as evidence. This possessed by other persons, in regard to a
consists of the conclusion or inference of particular subject or aspect of human
a witness on the existence or non-existence activity. Expertise is acquired through any
of a face in issue. The opinion maybe based of the following manners:
on facts personally known to him or as
relayed to him by others. 1. By formal education such as in the case
of lawyers, physicians, engineers,
II. Evidentiary Value. Generally opinions dentists, metallurgists, chemists
are not admissible because: 2. Through special training or seminars as
in the case of ballisticians, weapons
A. The making of an opinion is the [proper experts, finger print experts, questioned-
function of the court. The witness is documents expert, masseurs, pilots
supply the facts and for the court to form 3. Through experience based on the exercise
an opinion based on these facts. of a profession, trade, occupation,
B. Opinions are not reliable because they industry such as carpenters, wielders,
are often influenced by his own personal machinists or mechanics, deep-well diggers
bias, ignorance, disregard of truth, socio- 4. Through hobbies as in the case of stamp
cultural background, or religion, and collectors, coin collectors, gun
similar personal factors. Thus there maybe collectors, ornithologists, photographers,
as many diverse opinions as there are animal breeders,
witnesses. 5. Through careful study and research as in
C. The admission of opinions as evidence the case of those who study old
would open the floodgate to the civilizations, or various aspects of
presentation of witnesses testifying on medicine
their opinion and not on facts.
II. Requirements for the Admissibility of
III. Examples of matters on which opinions Expert Opinion.
are irrelevant
A. The subject of inquiry requires the
1. The final outcome of a case such as opinion of an expert, or that the fact in
whether an accused should be acquitted or issue requires the opinion of an expert.
not, or who should win a case, the amount
of damages to be awarded to the winner 1. The use of an expert is becoming more
2. The question of care or negligence frequent in order to explain how and why
things happened the way they did or didnt
happen the way they were supposed to, as in
the following cases: IV. Components of Qualifying the Witness

a). In personal injury cases where 1. Show the general professional

physicians or surgeons are needed to prove background. Questions propounded are
the cause and effect of certain injuries, directed to bring about the facts
so also economist as to the amount of concerning his (a) education (b) degrees
income which was lost obtained (c) academic honors or
b). Products liability cases where there is scholarships granted or earned (d) licenses
need for reconstruction experts to prove obtained (e) employment history, positions
the defects in a certain products. Such as held, number of years in his position ,
a car accident being due to factory defects promotions earned
in the wheel, or a mechanical defect
attributable to the manufacturer 2. Show the specific professional
c). Actions relating to constructions where background. Questions asked are directed to
there is need for engineers and architects bring out answers to the specific facts or
as injury to a bridge which collapsed, or skills such as (a) special trainings
breach of contract in that the building was undergone (b) publications authored (c)
constructed poorly membership in professional associations (d)
as lecturer or speaker or resource person
2. Traditional areas where expert opinion (e) how often he was called as a witness
is used: and (f) particular work experience which
bear directly on the situation about which
(i). Questions involving handwriting he is testifying
(ii). Questioned documents
(iii). Fingerprints V. Basis of Opinion or How to elicit the
(iv). Ballistics Experts opinion
(v). Criminal cases involving injuries and
death A. Kind of Facts as Basis for the Opinion:
(vi). Drug cases
(vii). Value of properties 1. Facts personally known to the expert or
(viii). Blood groupings about which he has first hand knowledge.
(ix). DNA Profiling
(x) Forensics 2. Opinion maybe based on facts about which
he has no personal knowledge or first hand
B. The witness is shown to be an expert. It knowledge, but are based either (i) on the
must be shown that the witness possesses report or facts as found by another expert
certain skills or knowledge and is who had first hand knowledge, provided the
therefore in a position to assist the court report is not hearsay or that the other
based on these skills or knowledge expert had testified and subjected to the
opportunity for cross-examination or (ii)
III. Manner of showing the witness is an on facts already testified to by witnesses
expert and established by the records of the case

1. By asking the adverse party to admit and B. Manner of Questioning

stipulate that the witness is an expert.
This is where the witness regularly appears 1. Where the basis are facts personally
in court as an expert and is familiar to known to the expert, these facts must first
the court, or where the witness occupies a be elicited from the witness after he may
position requiring certain knowledge or be asked directly whether he has any
skill, as a medico legal officer. opinion about them and to state what his
2. Through the process known as Qualifying opinion is.
the Expert- propounding questions to the Example: The medico legal officer who
witness concerning his background and conducted the autopsy will first be asked
eliciting answers from the witness showing to state his findings as to the nature,
he possesses special knowledge or skill on number, location, description, depth,
the matter on which he is to testify trajectory, etc, of the wounds of the
3. If the expertise is not admitted and the victim after which he is asked to state his
witness is not properly qualified, he is to opinion as to the cause, weapon used,
be regarded as an ordinary witness and may position of the victim and assailant, cause
be objected in giving an opinion of the death, etc..
or organization joined- capacity and length
2. By the use of Hypothetical Questions of time where located-prior position-
when the opinion is based on facts not description of positions
personally known to the witness. 3. Education: (a) undergraduate-degree,
a). It is a question which, for purposes of year of graduation-honors obtained (b)
the answer, assumes certain facts which graduate school- degree- when, area of
have counter parts in the evidence, and study
asks the witness to give an opinion as to 4. Training: formal course-what-when-where-
certain matters based on these facts. Since under whom-length of time
the witness has no personal knowledge of 5. Licenses: what-when-reviewed-specialty-
these facts, he is told these facts and when-requirements
then is asked to assume the facts to be 6. Professional associations:
true, and finally to give an opinion. 7. Other background: teaching positions-
b). The question must incorporate or refer publications-lectures-consultancy work
accurately to all the relevant facts- as 8. Expert witness at trials: how many-
proven- as basis for asking the opinion which side
c). In case of physicians, the phraseology 9. Experiences in Specialty: (a) type of
is usually thus: Assuming all these facts examination commonly done- how many
to be true within a reasonable degree of
medical certainty, what might have caused Example: Private Physician who treated a
the injuries? patient

3. The expert may asked to state that his

opinion is supported by learned treaties or
shared by others in his class
A. Qualifications:
VI. Weight of Expert Opinion Licensed: where and when
. Education and training: college/medical
1. Courts are not bound as the opinions do school-when-degree-internship-residency
not produce conclusive effect but are
regarded as persuasive and advisory which Specialty training-specialty boards-
the court may or may not consider. requirements
2. Opinions are to be treated on the same Hospital staff membership
level as any other evidence. Teaching positions
3. Factors to be considered in giving Publications and lectures
weight, or points to show the opinion is of Medical Society memberships
no weight Other honors
Previously testified as an expert
a). The qualification of witness : (i) The
degree of learning and academic background B. Experience
(ii) The experience, professional standing Description of practice
and training, or his being abreast with the Number of patients
latest developments Examination of similar types
Experience with x-rays, lab test, etc
b). The reliability of the opinion: (i) The
relative objectivity of the witness such as C. Examination of Patient
the presence or absence of personal or
professional bias or motive and (ii) the 1. Description of office records
degree of concordance of his opinion with 2. History of the patient
the facts proven or the basis and logic of 3. Examination conducted
his conclusions a). complaint (symptoms)
b). positive findings or negative findings
EXPERT d). lab test findings
(Taken from : Fundamentals of Trial D. Diagnosis: tentative and definite
Techniques by Thomas Mauet, Professor of E. Treatment (chronological)
the University of Arizona) hospitalization-operation-drug-casts
F. Subsequent examinations
1. Name, address and personal circumstances G. Patients Present Condition based on
2. Business or occupation: what is it- last examination
length of time-description of field company H. Opinion on causation
I. Prognosis: opinion on prospects for B. In-court and Out-of-Court Identification
complete recovery in criminal cases. In-court identification
J. Amount of present and future medical maybe influenced by the reliability of the
service out-of-court- identification. The latter
consists of either:

LAY OPINION 1. By the police Methods of Identification

of suspects
Sec. 50. Opinion of ordinary witnesses- The a) Show-ups-where the suspect alone is
opinion of a witness for which proper basis brought face to face with the witness for
is given, may be received in evidence identification
regarding- b). Mug file shots or based on the Rouges
(a) The identity of a person about whom Gallery
he has adequate knowledge c). Line-ups where a witness identifies the
(b) A handwriting with which he has suspect form a group of persons lined up
sufficient familiarity for the purpose
(c) The mental sanity of a person with 2. By circumstances: Totality of
whom he is sufficiently acquainted. Circumstances Test. Several factors are to
The witness may also testify on his be considered, to wit:
impressions of the emotion, behavior, a). Witness opportunity to view the
conditions or appearance of a person. criminal at the time of the crime. These
include matters such as presence of light,
I. Opinion on the identity of a person. distance of viewing, length of time of the
Where the issue is whether a particular event; presence of obstructions to line of
person is involved in an event. As for visions, the position of the witness in
example: 1). the accused sets up alibi or relation to the suspect
defense of mistaken identity; 2). in claims b). The witness degree of attention at
for insurance, determining whether a body that time: to what or who was he focused
is that of the insured 3). determining who on, as well as the presence of distractions
be the victims c). The accuracy and consistency of any
prior descriptions by the witness
A. General Method of Identification d). The level of certainty demonstrated by
the witness at the time of the
1. Identification by scientific methods: by identification. Example: the reaction of a
the teeth; fingerprints, foot prints and by victim upon seeing the suspect
DNA analysis e). The length of time between the time of
2. By Lay Opinion: by face, physical the occurrence and the time of the
appearance, height, body built, sex, color identification
of hair, racial features, mannerisms, gait, f). The suggestiveness of the
clothing speech , defects, tattoos or marks identification process.
or scars and other marks on the body, or by
any factor which distinguishes him from C. Concept and Types of Positive
another. . Identification
a). Identification of a person is not 1. Positive identification pertains
solely through knowledge of his name. In essentially to proof of identity and not
fact, familiarity with physical features, per se to that of being an eyewitness to
particularly of the face, is the best way the very act of commission of the crime.
to identify a person. One maybe familiar 2. First Type: As direct evidence: where a
with the face but not necessarily with the witness, as an eyewitness, may identify a
name of a person. It does not follow suspect or accused to the very act of the
therefore that to be able to identify a commission of the crime
person, one must necessarily know his name. 3. Second Type: As part of circumstantial
Example: precisely because of the unusual evidence: where a witness may not have
bestiality committed before their eyes, actually witnessed the very act of the
eyewitnesses, especially victims of a commission of the crime but is still able
crime, can remember with high degree of to positively identify a suspect or accused
reliability the identity of criminals. as the perpetrator of a crime as when, for
b) The witness must however be able to instance, the suspect/accused is the person
explain his basis of identification last seen with the victim before or right
3. By the style of writing after the commission of the crime ( Baleros
vs. People, 483 SCRA 10, Feb. 22, 2006)
and vice-versa. ( The application of
II. Opinion on Handwriting. A handwriting section 50 may be lessened due to
maybe proved to be that of a particular increasing frequency of communications by
person by any of the following: e-mail, or machine
prepared communications, and other modern
1. By the opinion of an expert gadgets.)
the opinions of handwriting experts,
although helpful in the examination of 1. An allegation of forgery and a
forged documents because of technical perfunctory comparison of the
procedure involved in the analysis, are signature/handwritings by themselves cannot
not binding upon the courts. As such, support a claim of forgery, as forgery
resorts to these experts is not mandatory cannot be presumed and must be proved by
or indispensable to thee examination or the clear, positive and convincing evidence and
comparison of handwriting. A finding of the burden of proof lies on the party
forgery does not depend entirely on the alleging forgery.
testimonies of handwriting experts, because
the judge must conduct an independent Criteria to determine forgery or
examination of the questioned signature in falsification: per Ladignon vs. CA ( 390
order to arrive at a reasonable conclusion Phil. 1161 as reiterate din Rivera vs.
as to its authenticity ( G& M Phil. Inc. Turiano ( March 7, 2007)
vs. Cuambot 507 SCRA 552)
2. By the admission of the author/owner of The process of identification must include
the handwriting not only the material differences between
3. By the testimony of witnesses or those or among the signatures/handwritings but a
who actually saw the person write, they showing of the following:
maybe subscribing witnesses or eye (i) the determination of the extent, kind
witnesses and significance of the resemblance and
4. By the testimony of those who have variation ( of the handwriting or
gained sufficiently familiarity with the signature)
handwriting of the person, under section (ii) that the variation is due to the
50. operation of a different personality and
not merely an expected and inevitable
a) By the fact that he has seen writing variation found in the genuine writing of
purporting to be that of the other person the same writer
upon which he has acted or been charged. (iii) that the resemblance is a result more
Example: persons in receipt of demand or less of a skillful imitation and not
letters, notices, purchase orders, letters merely a habitual and characteristic
of inquiry, directive, memorandum, letters resemblance which normally appears in
of authority genuine handwriting
b) Familiarity has been acquired due to
close personal, business, social or III. Opinion on the sanity of a person.
professional relations which include the There are two instances when an ordinary
regular receipt, sending and reading of person may testify on the mental sanity or
mutual written hand-written communications state of mind of a person:
between the witness and the other person.
Examples are (i) Personal or social 1. Under the Civil Code it permits the
relations such as pen-pals, spouses, opinion of a subscribing witness to a
lovers, classmates (ii) Business such as writing the validity of which is in dispute
between the employee such as secretary and in that the sanity or state of mind of a
employer, teacher and student party thereto is put in issue. Examples:
(a). An attesting witness to a will may
5. By the testimony of those who are in give his opinion on whether the testator
receipt of reply letters ( Identification was of sound and disposing mind (b) A
by subject matter) subscribing witness to a contract may give
6. Identification by the court based on a his opinion that the party was fully
comparison between the genuine handwriting conscious and aware of the nature of his
and the one in issue acts
7. Identification by the style of writing
2. Under section 50 of Rule 130 in that it
Note: Familiarity with signature is not allows the opinion of an intimate
necessarily familiarity with handwriting acquaintance who may give his opinion based
on the external conduct of a person. physical appearance. Or they may be
Examples are family members, immediate acquired and developed such as personality
neighbors, house hold helps, office and and behavioral characteristics due to
business acquaintances. Thus where the virtues or vices, such as being bad,
accused puts up insanity as a defense, his immoral, honest, lazy, anti-social or
friends, relatives and family members are friendly.
competent to testify on his mental sanity. Character is what a person truly
But not strangers or casual is.
2. Reputation on the other hand is the
IV. Opinions on the emotions, behavior, estimation of a person by other people, or
conduct or appearance of a person. what people think a person is. Character is
1. Examples: (a) emotions: that a not always ones reputation as people may
person is angry, agitated, exited, tense, pretend and present a public face or image
nervous, hesitant. Happy, elated, grateful, different from what they are in private.
afraid (b) condition or appearance- as One may have a good reputation but a bad
unkempt, dirty, well groomed, drunk, tired, character and vice-versa.
sleepy, haggard, sickly
2. But a witness may not give his 3. What a person thinks of himself is
opinion on the motive, reason or purpose either his illusion or delusion
why a person did or did not do an act
unless these were communicated to the III. Proof of Character
witness, such as jealousy or revenge, or
financial reward. 1. By personal opinions- this is not
V. Instantaneous impressions of the mind. 2. By specific conduct- this is also not
1. These include opinions on the 3. The only method allowed is proof of
conditions or state of things, or of reputation in the community or place where
persons or things in motion such as on the a person is known by persons acquainted
weather, speed of vehicles, distance, value with him. Although it may happen that the
of his personal things or property, or reputation is not always the character.
value of services
IV. Coverage of the Rule. Where the rule
VI. Opinion on the age of a person. allows the introduction of character
As a general rule, the age of person evidence, it is understood to be limited to
maybe established by: (a) the record of MORAL CHARACTER, the possession by a person
birth (b) Opinion of an expert (c) Opinion of the qualities of mind and morals
of an ordinary witness who is acquainted distinguishing him from others. This is
with the person whose age is in question, limited to:
such as a relative, a contemporary, persons
in the know in the community where he 1. Good Moral Character which includes all
lives, as well as (d) Family tradition, the elements necessary to make up such a
entries in family records character as honesty, veracity in all
professional, business, commercial
CHARACTER EVIDENCE intercourse or dealings of a person; the
virtue of chastity, or those character
I. INTRODUCTION. Section 51 provides the which measures up as good among people, or
general rule that character evidence is that which makes a person look upon as
generally not admissible as evidence except being up to the standards of good behavior
in the cases specified therein. and upright conduct.
2. Bad Moral Character or those which
II. Concept of Character As Evidence defines a persons tendency to be of loose
morals, evil, to be violent, dishonest, to
1. Character is the sum total of all the disregard law and authority and the welfare
traits of a person which distinguishes the of the community
person from others. They include the
physical, mental, emotional and V. Reason for the General Rule on
psychological attributes of a person. These Inadmissibility
maybe genetically acquired, or inherited or
in-born, such as a persons sex, height,
Character is highly irrelevant in e). The Prosecution may not immediately
determining a controversy. If the issues introduce evidence of the bad moral
were allowed to be influenced by evidence character because: (i) it is to avoid undue
of the character or reputation of a party, prejudice on the part of the judge due to
the trial would have the aspect of a the deep tendency to punish not because the
popularity contest rather than a factual accused is guilty but because of his bad
inquiry into the merits of the case. After character and (ii) to avoid confusing the
all the business of the court is to try the issues
case and not to try the man for a very bad
man may have a very good case, in much the f) WHEN MAY THE PROSECUTION INTRODUCE
same manner that a very good man may have a EVIDENCE OF THE BAD MORAL CHARACTER OF THE
very bad case. ACCUSED?

VI. Rule in Criminal Cases (Ans). 1. Pursuant to section 51, only in

rebuttal provided the accused introduced
1. Moral Character of the Accused. evidence of his own good moral character
a). The accused enjoys the presumption of during the presentation of his evidence-in-
good moral character but he is given the chief. This is to prevent the accused from
privilege of proving a particular moral having a free hand and fabricating
character if it is pertinent to the moral evidenced of his good moral character
trait involved in the offense i.e. the without fear of contradiction.
character evidence must be relevant and 2. Pursuant to the Rule on
germane to the kind of act or omission Cross-Examination, if the accused testifies
charged. in his own behalf, the prosecution may
prove his band character as a witness i.e.
(i). In estafa or embezzlement or his veracity for truth is bad
malversation the moral trait is that of
dishonesty and deceit. Hence the accused 2. The Moral Character of the Victim may be
may introduce evidence of his honesty, proved if it tends to establish in any
fairness and openness in his personal and reasonable degree the probability or
business deals or transactions improbability of the offense charged
(ii). In physical assault cases the moral
trait is violence hence the accused may a). The Prosecution may immediately
introduce evidence of his peaceable nature, introduce evidence of the good moral
his being friendly or of his passivity character of the victim if:
(iii). In rape, he may prove his chaste (i). If it is an element of the offense
character charged, such as good reputation in case of
seduction, or in libel and oral defamation
b) The moral character must be one in (ii) It proves the probability of the
existence at the time of the commission of offense charged as in sex crimes such that
the crime the victim could not have given consent due
to her good moral character
c). evidentiary value. Evidence of good
moral character is not a basis for b). The accused may prove the bad moral
acquittal. (i) It serves only as a positive character of the victim in the following
defense because I affords a presumption cases
against the commission of a crime in that, (i). In assault or homicide cases where he
it is improbable that a person who has sets self-defense, or in cases of the
uniformly pursued an honest and upright Battered Wife Syndrome defense, the accused
course of conduct will depart from it. (ii) may prove the victim is of a violent
It is to be regarded only as circumstantial character, quarrelsome, trouble seeker or
evidence of innocence as its role is to pugnacious.
provide a basis for the court to doubt his
guilt. This is to prove it was the victim who was
the aggressor. Likewise to show the state
d). Where the crime is one of great or of mind of the accused in that bad
atrocious nature or criminality, or the so character of the victim produced a
called heinous crimes, evidence of good reasonable belief of imminent danger on the
moral character is of little weight, as for mind of the accused and a justifiable
instance in multiple murder conviction that a prompt action was
2. However if relevant in that they may
(ii) In sex crimes involving unchaste acts affect the issues of the case, then
of the accused, where the willingness of evidence thereof maybe admitted. Thus in an
the woman is material, her character as to action for legal separation based on
her chastity is admissible to show whether adultery by the wife with a man, evidence
or not she consented to the mans acts that the man is a person of good moral
character may be introduced as proof that
(iii) In murder an in other heinous crimes, the man could not have entered into the
evidence of the bad moral character of the adulterous relationship
victim is irrelevant

VII. Rule in Civil Cases

1. Evidence of the character of the parties

is not admissible unless the issue involved
is character i.e. character is of
particular importance in the case, or that
the good or bad moral character of a party
will affect the outcome of the case.

2. Examples of the exception

a). Action for damages for injury to

plaintiffs reputation as in libel cases
b). Actions which impute moral turpitude
such as the employment of deceit,
misrepresentation or fraud
c). Actions for damages due to seduction
d). Legal separation or annulment of
marriage based on reasons grounded on the
character of the spouses, such as
psychological incapacity
e). Action for damages for breach of
promise to marry where the bad character of
plaintiff maybe used as a defense
f). As a defense in actions for Alienation
of Affection
g). In actions involving custody of
h). Opposition to the appointment of a
guardian, or administrator of the property
of another

VIII. Rule as to Witnesses

1. The witness enjoys the presumption of

good moral character hence it is not
necessary to introduce evidence thereof
2. However, evidence thereof is necessary
in order to rehabilitate the character of
the witness if the same had been impugned
by the adverse party
3. The bad moral character as witness, his
tendency to lie or improper motives may be
shown by the adverse party

IX. Rule as to Third Parties

1. Generally evidence thereof is

inadmissible being irrelevant as they are
neither parties nor witnesses