Prac 1 (February 28, 2019)

Offer of Evidence & Tender of Excluded Evidence

Q: With respect to the Rules of Evidence, because practically that is the rule governing
the offer of evidence. Under the Revised Rules on Evidence what is the rule with respect
to the offer of evidence?
A: The court shall not consider the evidence unless it is formally offered and must
specifically state the purpose.
Q: Is the rule on documentary and object evidence the same?
A: Yes.
Q: What is the rule then? With respect to rule how will you offer an object evidence?
Take note:
 if you file a formal offer of evidence there are object evidence that cannot be
attached to your formal offer . if we do a formal offer in a criminal case, normally,
di mo maiiattach yang gun or yung shabu. Ang ginagawa nila, they took a
photograph of it and authenticate the same following the rules on evidence
provision.
 If you are going to make formal offer of evidence with respect to object evidence
and such object evidence can’t be attach because it is improbable to do so a
specific reference should be made.
Q: How do you make a specific reference? Example: Exhibit A-hand gun
A: You would make an explanation and purpose that the hand gun is in the possession
of the court. Para hindi hanapin ng court na “bakit wala dito?” sa finile mo na formal offer.
(You will make sa specific reference where the object evidence may be found).- yan ang
ibig sabihin ng court na The court shall not consider the evidence unless it is formally
offered and the purpose must be specified.
Take note:
 Pag sinabi ng rules na it must be specified, must be stated specific purpose. If the
purpose of one exhibit, if they are two or more purposes you have to state all the
purpose.
Q: Sabi natin, the rule on documentary and object evidence is the same. How about with
respect to testimonial evidence what is the rule?
A: It is formally offered at the time the witness is put on the witness stand.
Q: The rules also provides with respect to the manner of objection. How? What is the
provision of The rules with respect to that?
A: It depends (you have to qualify) whether is a documentary, a testimonial or object
evidence.
Take note:
 Iba iba ang nire-raise ang objection niyo sa evidence. E.g testimonial, iba ang rules
ng testimonial, iba ang rules ng object evidence and iba din ang rules na
maggovern if papasok siya doon sa mga privileged communication.
Q: The manner of raising your objection?
A: General rule: if the formal offer is orally, the objection thereto must be made orally.
If in writing, necessarily it will also follow that the objection thereto must be in writing.
Q: How many days kung written ang comment/opposition mo?
A: It depends on the order of the court (in practice). But under the rules specifically it is 3
days. (unless a longer period is allowed by the court). Pwedeng bumaba, pwedeng
tumaas.
Q: What is the exception?
A: (2) two exceptions
If you are going to apply:
1. Under the Judicial Affidavit Rule, if you use your witness, if your witness testify in
a judicial affidavit rule, hindi mo ngayon iaapply na in writing unless you manifest
to the court that you intend to file your comment in writing dahil voluminous.
Generally, following the Judicial Affidavit Rule ang sinasabi niyan lahat orally.
2. With respect to criminal cases using the Continuous Trial Rule. Ang sinasabi
diyan the offer must be orally and a comment must be orally and the court will orally
rule immediately.
Take Note:
 A continuous trial rule applies only to criminal cases. It will not apply to civil
cases.
Q: If the court did not admit, so what will be your remedy?
A: The party can either ask for reconsideration of the order not admitting it or tender of
excluded evidence (the most practical way).
Take Note:
 Ang sinasabi ng rule sa tender of excluded evidence, if the court did not admit BUT
if you failed to file your formal offer in effect wala kang fi-normal offer, wala kang i-
tetender of excluded evidence kasi ang sinasabi ng rules “the court did not admit”.
- hindi nakapagfile ng formal offer naglabas ang court ng order sabi waived. What
will be your remedy? Not tender of excluded evidence. Because tender of excluded
evidence magaapply lang kung may naifile kang formal offer at ang ilan don, or
karamihan don, or lahat yon ay hindi inadmit ng court. Pag wala ka talagang finile
na offer or wala kang sinubmit, may waiver of right to file your formal offer the
tender of excluded evidence will not apply. Your remedy perhaps is? Motion for
Reconsideration or Motion to Admit/Attach Formal Offer of Excluded Evidence.
(Tanong Last Sem)
 Application of the Demurrer to Evidence- after the plaintiff has rested its case, the
remedy now available is?
Q: Kailan natin masasabi na “the plaintiff/defendant has deemed to have rested his
case?”
A: After the court has issued the ruling with respect to the formal offer, it is deemed that
the plaintiff/defendant has rested his case. (pag may resolution na sa formal offer mo).
Take Note:
 Demurrer in Civil Cases v. Demurrer in Criminal Cases
 The manner of presentation of the evidence. Kung plaintiff or defendant (parehas
lang yan). Direct, Cross, Redirect, Recross.
Q: (Situation) tapos na si Plaintiff may formal offer may rule, rest. It is now incumbent
upon the defendant to present the evidence. Is there a possibility at that time that the
Plaintiff can still present evidence?
A: Through a rebuttal evidence.
Q: Kalian papasok ang rebuttal?
A: Plaintiff may formal offer may rule, rest. It is now incumbent upon the defendant to
present the evidence, rest. And after that pwede pang magpresent si Plaintiff ng rebuttal
evidence. BUT first, you have to make a manifestation to the court that you are moving
to avail the rebuttal evidence. Without the manifestation the case will now be submitted
for decision. Another option available to the court is the submission of a memorandum.
Although the memorandum is optional upon the court, it is advisable that you file your
memorandum.
Memorandum (summarize everything) upon submission of the same normally the courts
are given 30 days to file their respective memoranda and upon the receipt thereof, the
court will issue an order submitting the case for decision.
Take note: New rule in small claims

SITUATION:
1. Mr. A who is residing in QC lended Mr. B who is residing in Makati a money in the
amount of 1.1M.
Evidence:
1. Check no. 2345
2. Loan agreement dated February 02, 2017 that the same 1.1M is payable until
November 2, 2017
3. Loan agreement dated January 30, 2017 saying that the 1.1M na binigay ni Mr. B
na nakalagay sa checke ay babayaran niya sa February 02, 2017 until December
02, 2017.
On February 02, 2017 a official receipt no. 1234 was issued saying nakabayad na siya.
100k per month. February 02 nakabayad siya but succeeding months hindi na
nakabayad. However Mr. A sent a demand letter dated January 6, 2018.

FORMAL OFFER OF DOCUMENTARY EXHIBITS:

Q: What is the cause of action of Mr. A?
A: Collection of sum of money (personal action) -residence of the plaintiff or any of the
plaintiffs or residence of the defendant or any of the defendants at the option of the
Plaintiff.

1. CAPTION
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY
BRANCH
2. PARTIES

Mr. A,
Plaintiff
vs. Civil Case No:
Mr. B, For: Collection of
Sum of Money
Defendant.
3. TITLE OF THE PLEADING

FORMAL OFFER OF EVIDENCE

4. Plaintiff by counsel, respectfully submits the formal offer of evidence as

follows:

Exhibit No. Document Purpose

Exhibit A Loan Agreement dated To prove that Mr. A
extended a loan in the
amount of 1.1M.
To prove that the due
execution and authenticity
of the loan agreement.
Exhibit B Check no. 2345 & Name of To show that issued a
the Bank check in favor of Mr. B in
the amount of 1.1M
Exhibit C Demand later dated To show plaintiff
demanded from defendant
to pay the amount of 1.1M
Take note: the formal offer of evidence unlike in Pre-trial brief, in the latter mayroong
reservation. In this case WAG MAGLALAGAY NG RESERVATION. Kasi ang iooffer mo
nalang dito ay yung mga ebidensya na ginamit mo in the course of the trial.

5. PRAYER
WHEREFORE, it is respectfully prays that Exhibit A, B and C be admitted by the
court. (specifically)
If several documents: Wherefore it is respectfully prays that the documentary exhibits
offered by the Plaintiff be admitted.
If 2 PRAYERS:
WHEREFORE, premises considered it is respectfully prays that:
1. To take note the submission of this formal offer
2. That the courts admit all the documentary exhibits offered by Plaintiff.
All equitable reliefs are likewise prayed for.

6. DATE AND THE PLACE, DETAILS OF LAWYER AND OTHER REQUIREMENTS

7. COPY FURNISHED
8. COUNSEL FOR DEFENDANT
9. EXPLANATION AS TO SERVICE (if done thru registered mail)

-NO JURAT, NO ACKNOWLEDGMENT, NO VERIFICATION AND CERTIFICATION

AGAINST NON FORUM SHOPPING
 Take note: Hierarchy of evidence

TENDER OF EXCLUDED EVIDENCE:

1. CAPTION
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
QUEZON CITY
BRANCH
2. PARTIES

Mr. A,
Plaintiff
vs. Civil Case No:
Mr. B, For: Collection of
Sum of Money
Defendant.

3. TITLE OF THE PLEADING

TENDER OF EXCLUDED EVIDENCE
*That the excluded evidence must be form part of the record & the purpose of
which must be stated.
4. Plaintiff by counsel, respectfully tenders the following exhibits:
EXHIBIT JUSTIFICATION
LOAN AGREEMENT Because the loan agreement will show
that Mr. A extended a loan in the
amount of 1.1M to Mr. B

5. PRAYER & GENERAL PRAYER

6. DATE AND THE PLACE, DETAILS OF LAWYER AND OTHER
REQUIREMENTS
7. COPY FURNISHED
8. COUNSEL FOR DEFENDANT
9. EXPLANATION AS TO SERVICE (if done thru registered mail)

If MR- it must contain Notice of Hearing.