CRIMINAL EVIDENCE

WHAT IS SECTION 26 OF RULE 130, RULES

OF COURT?

Admissions of a party.---The act, declaration or

omission of a party as to a relevant fact may be
given in evidence against him.

WHAT IS AN ADMISSION?
1. It is an act, declaration or omission of a party,
2. As to a relevant fact,
3. And, which may be given against him.
 WHAT ARE THE RULES ON OFFER OF
COMPROMISE?

A. IN CIVIL CASES

1. An offer of compromise is not an admission of

liability

2. An offer of compromise is not admissible in

evidence against the offeror
B. IN CRIMINAL CASES

GENERAL RULE:

An offer of compromise made by the accused

may be received in evidence as an implied
admission of guilt.
EXCEPTIONS:

1. An offer of compromise is not an implied

admission of guilt in quasi-offenses (criminal
negligence)
2. An offer of compromise is not an implied
admission of guilt in cases allowed by law to be
compromised such as

a. Section 7, c of the National Internal Revenue

Code
b. Section 408 of the Local Government Code
c. Article 266-C of the Revised Penal Code
 WHAT ARE THE OTHER RULES ON
ADMISSIBILITY?

PLEA
1. Plea of guilty later withdrawn is not admissible in
evidence against the accused who made the plea.

2. Unaccepted offer of a plea of guilty to a lesser

offense is not admissible in evidence against the
accused who made the plea or offer.
 OFFER TO PAY/PAYMENT OF MEDICAL
EXPENSES

An offer to pay or the payment of medical,

hospital or other expenses occasioned by an injury
is not admissible in evidence as proof of civil or
criminal liability for the injury.
WHAT IS THE SO-CALLED “RES INTER ALIOS
ACTA” RULE?

Section 28, Rule 130 of the Rules of Court:

Admission by third party.---The rights of a party
cannot be prejudiced by an act, declaration, or
omission of another, except as hereinafter
provided.

This general rule means that the act,

declaration or admission of a party may not be
given in evidence against another person.
 However, such evidence may be given against
that person.

The admission of one defendant is not

admissible against his co-defendant. (Villanueva
vs. Balaguer, 590 SCRA 661)
 WHAT ARE THE EXCEPTIONS TO THE “RES
INTER ALIOS ACTA” RULE?

In the following cases the act, declaration or

admission of one party may be used as evidence
against another:

1. Admission by a partner
2. Admission by an agent
3. Admission by a joint owner (co-owner)
4. Admission by a joint debtor (co-debtor)
5. Admission by other person jointly interested with
the party

6. Admission by conspirator

7. Admission by privy or successor-in-interest

WHAT ARE THE REQUISITES IN ORDER THAT THE
ADMISSION BY A PARTNER WILL BIND HIS
CO-PARTNER/S?
1. The existence of the partnership must be proven
by independent evidence other than the act
or declaration. Examples of proof are the
Articles of Partnership and the By Laws.
2. The statement refers to a matter within the
scope of the partner’s authority.
3. The admission is made during the existence of
the partnership.
WHAT ARE THE REQUISITES IN ORDER THAT THE
ADMISSION BY AN AGENT WILL BIND THE
PRINCIPAL?
1. The existence of the agency must be proven by
independent evidence other than the act or
declaration. An example is a Special Power
of Attorney or a General Power of Attorney.
2. The statement refers to a matter within the
scope of his authority as an agent.
3. The admission is made during the existence of
the agency.
WHAT ARE THE REQUISITES IN ORDER THAT THE
DECLARATION BY A CONSPIRATOR WILL BIND HIS
CO-CONSPIRATOR?
1. The conspiracy must be shown by an
independent evidence.

2. The statement, act or declaration relates to the

purpose or object of conspiracy.

3. The statement, act or declaration must be made

during the existence of the conspiracy, not
before or after.
 WHAT ARE THE REQUISITES IN ORDER THAT THE
DECLARATION OF THE PREDECESSOR WILL BIND
HIS SUCCESSOR?
1. That the successor-in-interest derives his title
to the property from the predecessor-in-
interest through transfer by any legal means.
2. That the act, declaration or omission is made by
the predecessor-in-interest in relation to the
property and while holding the title thereof.
3. That said act, declaration or omission is
evidence against his successor-in-interest.
WHAT IS SECTION 32 OF RULE 130, RULES OF
COURT?

Admission by silence.---An act or declaration made

in the presence and within the hearing or
observation of a party who does or says nothing
when the act or declaration is such as naturally to
call for action or comment if not true, and when
proper and possible for him to do so, may be given
in evidence against him.
WHAT ARE THE REQUISITES IN ORDER THAT
ADMISSION BY SILENCE MAY APPLY?

1. The act or declaration is made in the presence

and within hearing distance of a party.
2. The act or declaration is such as naturally to call
for action or comment from said party, if not true.
3. The said party does or says nothing even
though proper and possible for him to do so.
4. The act or declaration may be given in evidence
against said party.
 WHEN WILL THE RULE NOT APPLY?

The Rule will not apply if the statements

adverse to the party were made in the course of an
official investigation. (US vs. Dela Cruz, 12 Phil.
87)
WHAT IS SECTION 33 OF RULE 130, RULES OF
COURT?

Confession.---The declaration of an accused

acknowledging his guilt of the offense charged, or
of any offense necessarily included therein, may
be given in evidence against him.
DISTINGUISH EXTRA-JUDICIAL CONFESSION
FROM JUDICIAL CONFESSION

1. Extra-judicial confession is one made by a party

elsewhere other than before a court or magistrate,
while judicial confession is one made by a party in
open court.

2. When an extra-judicial confession is given, the

other accused is deprived of the opportunity to
cross-examine the confessant (the one giving the
confession), while judicial confession is subject to
cross examination and rebuttal.
3. Extra-judicial confession is binding only upon
the confessant (the one giving the confession) and
is not admissible against his co-accused, while a
judicial admission may be admissible against his
co-accused.
 DISTINGUISH ADMISSION UNDER SEC. 26
FROM CONFESSION UNDER SEC. 33

1. Admission is a statement of fact without

necessarily acknowledging guilty, while confession
is an acknowledgment of guilt of the offense
charged.
2. An admission may be expressed or implied,
while confession is always expressed.
3. Admission applies to both criminal and civil
cases, while confession applies only to criminal
cases.
 WHAT ARE THE REQUISITES FOR AN
EXTRA-JUDICIAL CONFESSION BE ADMISSIBLE IN
EVIDENCE?
1. The extra-judicial confession must be voluntary.
2. The extra-judicial confession must be made with
the assistance of competent and independent
counsel.
3. The extra-judicial confession must be
expressed.
4. The extra-judicial confession must be in writing.
5. The extra-judicial confession must be signed, or
if the confessant does not know how to read and
write, thumbmarked by him.
WHAT IS SECTION 34 OF RULE 130, RULES OF
COURT?

Similar acts as evidence.---Evidence that one did

or did not do a certain thing at one time is not
admissible to prove that he did or did not do the
same or similar thing at another time; but it may be
received to prove a specific intent or knowledge,
identity, plan, system, scheme, habit custom or
usage, and the like.

This is the second part of Res inter alios acta

Rule.
 WHAT IS THE GENERAL RULE ON THE
SECOND PART OF RES INTER ALIOS ACTA?

Evidence that one did or did not do certain thing

at one time is NOT ADMISSIBLE to prove that he
did or did not do the same or similar thing at
another time.
 WHAT ARE THE EXCEPTIONS?

1. Specific intent or knowledge

2. Identity
3. Plan
4. System
5. Scheme
6. Habit
7. Custom
8. Usage
9. The like.
 INTENT

On the charge against D of theft of a ring, by

substituting a cheap diamond ring for a valuable
one, when examining them as a possible customer
in the jewelry store of S, the fact that the same
substitution of a worthless article by D had
occurred recently in two other jewelry stores when
D was examining as a purchaser, is admissible to
evident intent.
 KNOWLEDGE

On the charge against A, a clerk, of stealing

from the employer’s safe, the safe having been
opened by manipulating the combination lock, A
denied that he had knowledge of the combination.
Here the fact that A been seen on a former
occasion surreptitiously opening the same would
be admissible to show his knowledge.
 IDENTITY

B is charged with a crime of murder. The

victim’s body in this case was found dismembered
inside a trunk. To prove that B is the person who
murdered the victim, it may be shown that
previously he had committed other murders and
subsequently dismembered the victims and placed
the body parts in a trunk.
 PLAN

On the charge against X of defrauding the

government in knowingly furnishing inferior
materials to the army shows under a contract to
manufacture them. The fact that X a few years
before had furnished to the army defective saddles
and defective belts under several other supply
contracts is admissible to show dishonest intent,
and perhaps a general plan.
 SCHEME

Where defendant in an action on a note alleges

in defense that his endorsement of the note was
procured by a fraudulent trick, and without any
intention on his part to indorse it. Evidence of the
perpetration of a similar trick on other persons by
those who obtained the defendant’s endorsement
is admissible even as against a bona fide holder,
to show a general scheme to defraud.
 WHAT IS SEC 35 OF RULE 130, RULES OF
COURT?

Unaccepted offer.---An offer in writing to pay a

particular sum of money or to deliver a written
instrument or specific personal property is, if
rejected without valid cause, equivalent to the
actual production and tender of the money,
instrument, or property.
 WHAT IS THE CONCEPT OF THIS RULE?

In this situation, an offer is made in writing

either to:
1. Pay a particular sum of money
2. Deliver a written instrument or specific personal
property

However,
3. The offer is rejected without valid cause
As a consequence:
4. The rejection is considered as equivalent to the
actual production and tender of the money,
instrument, or property.

If the creditor to whom tender of payment has

been made refuses without just cause to accept it,
the debtor shall be released from responsibility by
the consignation of the thing or sum due.
 WHAT IS SEC. 36 OF RULE 130, RULES OF
COURT?

Testimony generally confined to personal

knowledge; hearsay excluded.---A witness can
testify only to those facts which he knows of his
own personal knowledge; that is, which are derived
from his own perception, except as otherwise
provided in these rules.
This is known as the Hearsay Rule.
Hearsay evidence means evidence not coming
from the personal knowledge of the witness, but
from the mere repetition of what he has heard
others say.
 WHAT IS THE GENERAL RULE?

The testimony of the witness must be based on

his PERSONAL knowledge—NOT on what he
heard from other people or what other people told
him.

A witness can testify only to those facts which

he knows of his own personal knowledge---which
means those facts which are derived from his
perception.
 WHAT ARE THE REASONS FOR REJECTING
HEARSAY?

1. The irresponsibility of the original declarant.

2. The depreciation of truth in the process of repetition.

3. The opportunities for fraud its admission would

open.

4. The tendency of such evidence to protect legal

inquiries, and encourage the substitution of weaker for
stronger proofs.
 EXAMPLE

On the issue as to ownership of two lots, a

witness testified that, from what he had learned
from some of the oldest residents in the place
where the land is, the same belonged to the
plaintiff.

Held: The testimony is not admissible, for it is

based on what the witness learned from third
persons, and therefore hearsay.
 WHAT ARE THE EXCEPTIONS TO THE
HEARSAY RULE?

Instances wherein a witness may testify to

prove the TRUTH of what someone else told him:

1. Dying declaration
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
 MAY THE HEARSAY RULE BE WAIVED AND
BECOME ADMISSIBLE IN EVIDENCE?

YES, the Hearsay Rule may be WAIVED by the

failure of the affected party to the case to make a
timely objection.
 WHAT ARE THE BASIC RULES TO BE OBSERVED
IN THE ADMISSION OF HEARSAY EVIDENCE?

If the PURPOSE of the testimony of the witness

is to prove:
1. The TENOR of his conversation with
someone—this is admissible in evidence because
it is not covered by the Hearsay Rule.
2. The TRUTH of the statement made by
someone---this is NOT admissible in evidence
because it is covered by the Hearsay Rule.
WHAT IS THE TEST TO DETERMINE WHETHER
OR NOT AN EVIDENCE IS HEARSAY?

The test is: WHETHER OR NOT THE

ADVERSE PARTY IS DEPRIVED OF THE
OPPORTUNITY TO CONFRONT AND
CROSS-EXAMINE THE WITNESS AGAINST HIM.

Hearsay evidence is actually a denial of the

right to cross-examination.
 WHAT ARE THE REASONS FOR THE
ADMISSION OF THE EXCEPTIONS?

1. Necessity. The necessity may consist in the

unavailability of other testimony from the same
person, as where he is deceased, or out of the
jurisdiction, or detained by official duty.

2. Trustworthiness. The circumstances diminishing

the risk of untrustworthiness may be such as make
it likely that the utterance would be naturally
sincere.
WHAT IS THE DOCTRINE OF INDEPENDENTLY
RELEVANT STATEMENT?

The doctrine holds that conversations

communicated to a witness by a third person may
be admitted as a proof that, regardless of their
truth or falsity, they were actually made. It appears
to be hearsay in character, but is not actually legal
hearsay.
This is an exception to the hearsay rule
because where only the fact that such statements
were made is relevant, and the truth or falsehood
thereof is immaterial.
WHEN CAN AN UTTERANCE BE CONSIDERED
AN INDEPENDENTLY RELEVANT
STATEMENT?

1. When the utterance or statement constitutes a

fact in issue

2. When the utterance or statement is

circumstantially relevant to the existence of
such fact
 WHAT IS DYING DECLARATION?

Dying declaration---is that made by a person

conscious that he is at the point of death,
concerning and surrounding circumstances of his
injury from which he thereafter dies.
 WHAT ARE THE REASONS FOR THE
ADMISSION OF DYING DECLARATION?

1. Necessity because the declarant’s death

renders impossible his taking the witness stand
and it often happens that there is no other equally
satisfactory proof.

2. Trustworthiness because the declaration is

“made in extremis” when the party is at the point of
death and every hope of this world is gone and
every motive to falsehood is silenced.
 WHAT ARE THE REQUISITES OF
ADMISSIBILITY OF DYING DECLARATION?

1. That the declaration refers to the material facts

which concern the identity of the deceased or the
accused, the cause, and circumstances of the
killing;
2.That it was made by the declarant under a
consciousness of impending death; and
3. That the declarant must have been competent
as a witness if he had been called upon to give
testimony in court.
 EXAMPLES

Verbal statements made by victim to her son

and a neighbor while mortally wounded that
accused was his assailant are dying declarations.

The ante mortem statement made by the victim

hours before his death which points to appellant as
the one who fired the shots partakes the nature of
dying declaration because he made it when his
hope for survival was very slim and he died hours
after the incident.
WHAT IS DECLARATION AGAINST INTEREST?

A witness may testify to facts that are not of his

own personal knowledge when his testimony refers
to statements which are contrary to the declarant’s
own interest.
WHAT ARE THE REASONS FOR THE ADMISSION OF
DECLARATION AGAINST INTEREST?

1. Necessity which signifies the impossibility of

obtaining other evidence from the same source,
the declarant being unavailable in person on the
stand.

2. Trustworthiness because a statement asserting

a fact distinctly against interest is unlikely to be
deliberately false or heedlessly incorrect.
 WHAT ARE THE REQUISITES FOR THE
ADMISSIBILITY OF DECLARATION AGAINST
INTEREST?
1. The declarant is dead or unable to testify.

2. The declaration relates to a fact against the interest

of the declarant.

3. At the time he made the declaration, the declarant

was aware that the same was contrary to his aforesaid
interest.

4. The declarant had no motive to falsify and believed

such declaration to be true.
 EXAMPLE

In an action of ejectment the defendant

presented an affidavit executed in 1908 by the
predecessor in interest of one of the plaintiffs, and
in which the affiant states that he is the son and
only heir of his father, and that he knows that the
latter sold the land in question to the defendant.
Both the affiant and his father died before the
action was filed.

That affidavit was admissible in evidence.

 WHAT IS DECLARATION ABOUT PEDIGREE?

A witness may testify to a fact which is not of his

own personal knowledge when it is an act or
declaration against pedigree.
 WHAT ARE THE REQUISITES FOR ADMISSIBILITY
OF DECLARATION AGAINST PEDIGREE?

1. The declarant is dead or unable to testify

2. The declaration relates to the pedigree of
another person
3. The declarant is related by birth or by marriage
to the person whose pedigree is shown by
evidence other than such act or declaration
4. The act or declaration was made prior to the
controversy (ante litem motam)
 WHAT ARE INCLUDED IN THE WORD
“PEDIGREE”?

1. Relationship
2. Family genealogy
3. Birth
4. Marriage
5.Death
6. The dates when and places where these facts
occurred
7. The names of the relatives
8. Facts of family history intimately connected with
pedigree
 EXAMPLE

It has been held that the declaration of husband

regarding the pedigree of his wife and his wife’s
relatives, and vice versa, is admissible.

However, declarations of the husband’s

relatives regarding the pedigree of the wife’s
relatives, or vice versa, are not admissible.
 The declaration of a deceased mother regarding
the illegitimacy of her child was held admissible.
WHAT IS FAMILY REPUTATION OR TRADITION
REGARDING PEDIGREE?

A witness may testify to a fact which is not of his

own personal knowledge when it involves family
reputation or tradition regarding pedigree.
 WHAT ARE THE REQUISITES FOR
ADMISSIBILITY OF FAMILY REPUTATION?

1. The reputation or tradition regarding pedigree is

one existing in the family of the person whose
pedigree is in question

2. The reputation or tradition was formed before

the controversy (ante litem motam)

3. The witness testifying to the reputation is a

member of the family
 WHAT ARE THE OBJECTS WHICH MAY BE
RECEIVED AS EVIDENCE OF PEDIGREE?

1. Entries in family bibles

2. Entries in other family books or charts

3. Engraving on rings

4. Family portraits and the like

 EXAMPLE

Declarations of a deceased person that he had

a brother living at a certain place are competent to
establish the right of the brother’s children to
inherit from the declarant.
A letter from the deceased mother of a family,
stating the pedigree of the family, and sworn by the
wife to have been written by her husband, the wife
also swearing in her deposition that the facts
stated in the letter had been frequently mentioned
by her husband in his lifetime.
 The testimony of a person as to his age is
admissible although hearsay.

However, such testimony cannot prevail over

that of his or her parents.

In fact all the knowledge a person has of his

age is acquired from what he is told by his parents.
 DISTINGUISH BETWEEN ACT OR DECLARATION
ABOUT PEDIGREE AND FAMILY REPUTATION OR
TRADITION
1. In declaration about pedigree, the declarant is
dead or unable to testify, while in family reputation
or tradition, the declarant need not have to be
dead.

2. In declaration about pedigree, the declarant

must be related by birth or marriage to the person
whose pedigree is in question, while in family
reputation or tradition, the witness testifying to the
reputation of the person must be a family member
 WHAT IS COMMON REPUTATION?

A witness may testify to a fact which is not of his

own personal knowledge when it involves common
reputation.
 WHAT ARE THE REQUISITES FOR
ADMISSIBILITY OF COMMON REPUTATION?

1. The reputation refers to a matter of:

a) Public or general interest more than 30

years old

b) Marriage

c) Moral character
2. The reputation or tradition was formed before
the controversy (ante litem motam)

3. The reputation is one formed in the community

interested
 EXAMPLE

An example of matters of public interest is the

existence of a public highway, questions of public
boundaries or other matters of public right.

On the issue as to which of two towns should be

charged with the support of a pauper, it became
important to show exactly how the house of the
pauper’s grandfather stood on the boundary line
between the two towns.
WHAT ARE THE OBJECTS THAT MAY BE RECEIVED
AS EVIDENCE OF COMMON REPUTATION?

1. Monuments

2. Inscriptions in public places

 WHAT IS THE LEGAL SIGNIFICANCE OF
COMMON REPUTATION AS EVIDENCE?

1. They are matters which may be proven by

common reputation:
a) matters respecting facts of public or
general interest more than 30 years old
b) matters respecting marriage
c) matters respecting moral character
 WHAT CAN ONLY BE PROVEN BY COMMON
REPUTATION IN MATTERS OF PEDIGREE?

Only matters referring to marriage may be

proven by common reputation.
 WHAT IS PART OF THE RES GESTAE?

A witness may testify to a fact which is not of his

own personal knowledge when it is part of the res
gestae.
 WHAT IS THE MEANING OF RES GESTAE”?

1. Res gestae means things done.

2. Res gestae are circumstances which are not

deliberate act of the parties or which are incidental
to an act litigated which can be offered to in
evidence to explain the act litigated.
WHAT ARE THE TYPES/KINDS OF HEARSAY
EVIDENCE ADMITTED AS RES GESTAE?

1. Spontaneous exclamations

2. Statements accompanying an equivocal act

 WHAT ARE THE REQUISITES FOR ADMISSIBILITY
OF SPONTANEOUS EXCLAMATIONS?

1. The principal fact or res gestae is a startling

occurrence
2. The statements were made by the declarant,
immediately before, during or immediately after
the startling occurrence
3. The statements were made before the declarant
had time to contrive or devise a falsehood
4. The statements refer to the occurrence in
question or to its immediate attending
circumstances.
 WHAT ARE THE REQUISITES FOR
ADMISSIBILITY OF AN EQUIVOCAL ACT?

1. That the principal act or res gestae is an

equivocal (ambiguous) act

2. The equivocal act must be material to the issue

3. A statement must accompany the equivocal act

4. Said statement must give the equivocal act legal

significance
 EXAMPLE

Defendant was accused of homicide. The

evidence shows that on receiving knife wounds,
the deceased cried out, “Help me, because
Modesto has wounded me.” This statement was
heard by the witnesses for the prosecution who
saw the deceased covered with blood.

Held: This exclamation of the deceased is

admissible as part of the res gestae.
 The accused was charged with the murder of
Yu. The evidence showed that when Yu was
calling to Vasquez for help he said that he had
been shot by the accused. Again, when Marvas
immediately after the shooting heard Yu’s call for
help, and hurried to his side, he (Marvas) was told
by Yu that he had been attacked and shot by the
accused. Held: These are spontaneous
declarations made before the declarant (Yu) had
time to think and to make up a story.
 DISTINGUISH SPONTANEOUS EXCLAMATION
FROM STATEMENTS ACCOMPANYING AN
EQUIVOCAL ACT
1. In spontaneous exclamation, the principal fact is
a startling occurrence, while in statements
accompanying an equivocal act, the principal fact
is an equivocal act.

2. In spontaneous exclamation, the statements

may precede, accompany or succeed the startling
occurrence, while in equivocal act, the statements
must accompany the equivocal act.
3. In spontaneous exclamations, the statements
need not explain the principal fact which is a
startling occurrence, while in equivocal act, the
statements must explain the equivocal act and
must give it legal significance.
 WHAT ARE THE FACTORS TO DETERMINE
SPONTANEITY OF STATEMENTS?

1) The time that lapsed between the occurrence of

the act or transaction and the making of the
statement

2) The place where the statement was made

3) The condition of the declarant when he made

the statement
4) The presence or absence of intervening events
between the occurrence and the statement relative
thereto

5) The nature and circumstances of the statement

 DISTINGUISH DYING DECLARATION FROM
RES GESTAE STATEMENT

1. In dying declaration, it is required that the

statement was made under the consciousness of
an impending death, while in res gestae, the
statement is not required to be made under the
consciousness of an impending death.

2. In dying declaration, the declarant must die after

the declaration, while in res gestae, the declarant
need not die after the declaration.
3. In dying declaration, the declarant’s death is the
subject of inquiry, while in res gestae, the
declarant’s death need not be the subject of
inquiry.

4. In dying declaration, the declarant must be the

one who died, while in res gestae, the declarant
may even be a witness to the startling occurrence.
 WHAT ARE ENTRIES IN THE COURSE OF
BUSINESS?

A witness may testify to a fact which is not of his

own personal knowledge when it is an entry in the
course of business.
 WHAT ARE THE REQUISITES OF ENTRIES IN
THE COURSE OF BUSINESS?

1) The person who made the entry is dead, outside

the country, or unable to testify

2) While he was alive, the entrant made the entry:

a. In his professional capacity, or
b. In the performance of his duty

3) The entry was made in the regular or ordinary

course of business or duty, whether legal,
contractual, moral or religious
4) The entry was made at or near the time of
transaction to which it relates

5) The entrant was in a position to know the facts

stated in the entry
 WHAT ARE THE REASONS FOR THEIR
ADMISSIBILITY IN EVIDENCE?

1. Entries of this class are received because they

are made in due course of business as part of the
res gestae.

2. Necessity is also a reason because they are the

best available evidence.

3. The habit and system of making regular entries

for business purposes produces usually a correct
statement.
 EXAMPLES

1. A Ship’s log-book
2. Records of a hospital
3. Corporation books
4. Banker’s books
5. Common carrier’s books
6. Merchant’s books of account or mercantile
books prepared according to the Code of
Commerce
WHAT ARE ENTRIES IN OFFICIAL RECORDS?

A witness may testify to a fact which is not of his

own personal knowledge when it is an entry in an
official record.
 WHAT ARE THE REQUISITES FOR THE
ADMISSIBILITY OF ENTRIES IN OFFICIAL
RECORDS?
1. The entries were made by a public officer or a
private person in the performance of a duty

2. The performance of the duty is especially

enjoined by law

3. The public officer or the private person had

sufficient knowledge of the facts stated by him,
which must have been acquired by him personally
or through official information.
 EXAMPLES

1. Tax records made by a tax officer

2. Official cash book kept by a disbursing officer
3. Cash book of a public official
4. Records of the register of deeds
5. Notarial registers
6. Records of births, marriages and deaths kept by
Municipal and City Civil Registrars
7. Sheriff’s returns
8. Entries in police blotters
 WHAT ARE COMMERCIAL LISTS AND THE
LIKE?

A witness may testify to a fact which is not of his

own personal knowledge when it is commercial
lists and the like.
 WHAT ARE THE REASONS FOR THEIR
ADMISSIBILITY IN EVIDENCE?

1. Necessity, because of the usual inaccessibility

of the persons responsible for the compilation of
matters contained in a list, register, periodical or
other published compilation.

2. Trustworthiness, because the authors of such

lists, registers, periodical or published compilations
have no motive to deceive.
 EXAMPLES

1. Market reports or quotations as printed in the

newspaper.
2. Trade journals
3. Trade circulars
4. Price lists

These reports are being used upon a general

survey of the whole market and constantly
received and acted upon by dealers.
 WHAT ARE LEARNED TREATISES?

A witness may testify to a fact which is not of his

own personal knowledge when it is learned
treatises.
 WHAT ARE THE REQUISITES FOR
ADMISSIBILITY OF LEARNED TREATISES?

1. The Court takes judicial notice, or

2. An expert witness testifies that the writer, of the

statement of the treatise, periodical or pamphlet, is
recognized in his profession or calling as an
expert.
 WHAT MUST BE THE SUBJECT MATTER OF
THE TREATISE, PERIODICAL OR PAMPHLET?

1. History

2. Law

3. Science

4. Art
 EXAMPLE

The Ballantine Scale of Values by Dr. D.L.

Ballantine contained a recommendation for the
adoption of measures which were greatly needed
to solve the problem created by transactions made
during the Japanese occupation.
 WHAT IS TESTIMONY OR DEPOSITION AT A
FORMER PROCEEDING?

A witness may testify to a fact which is not of his

own personal knowledge when it is testimony or
deposition at a former proceeding.
WHAT ARE THE REQUISITES OF TESTIMONY/
DEPOSITION AT A FORMER PROCEEDING?

1. The testimony was rendered in a former case

2. There must be an identity of parties
3. There must be an identity of subject matter
4. The adverse party had an opportunity to
cross-examine the witness
5. The witness is dead, out of the country or
unable to testify in the subsequent trial
 EXAMPLES

Where an action has been brought against a

railroad company for personal injury, the testimony
of the plaintiff may be used by her child in an
action against the company after the injury has
resulted in the death of the former plaintiff.

The stenographic note is admissible in evidence

to reproduce the testimony of a witness who is
unable to testify, when a proper foundation of their
admission has been laid.
WHAT IS THE GENERAL RULE ON OPINION OF
A WITNESS?

The opinion of a witness is not admissible,

except as indicated in the following sections.

1) Opinion of expert witness

2) Opinion of ordinary witnesses
 WHAT IS THE RULE ON OPINION OF EXPERT
WITNESS?

The opinion of a witness requiring special

knowledge, skill, experience or training which he is
shown to possess, may be received in evidence.

WHO IS AN EXPERT WITNESS?

An expert witness is one who possesses the
knowledge, skill or experience needed to inform
the court in the particular case under
consideration.
 WHAT ARE THE REQUISITES OF
ADMISSIBILITY OF EXPERT OPINION?

1. The subject under examination must be one that

requires that the court has the aid of knowledge or
experience such as men not especially skilled do
not have, and such therefore as cannot be
obtained from the ordinary witnesses.
2. The witness called as an expert must possess
the knowledge, skill or experience needed to
inform the court in the particular case under
consideration.
3. Like other evidence, expert testimony is not
admissible as to a matter not in issue.
 EXAMPLES OF EXPERT TESTIMONY

1. Expert’s testimony as to the identity of

fingerprints is admissible. The method of
identification of fingerprints is a science requiring
close study.
2. The testimony of a medical expert pointing to
the culpability of the accused should be believed.
3. Positive medical finding that the girl had
completely lost her virginity is credible.
 WHEN IS THE OPINION OF ORDINARY
WITNESS ADMITTED IN EVIDENCE?

1.The identity of a person, about whom he has

adequate knowledge
2. A handwriting with which he has sufficient
familiarity
3. The mental sanity of a person with whom he is
sufficiently acquainted
4. His impressions of the emotion, behavior,
condition or appearance of a person
 EXAMPLES

The following are admissible as opinion of a

non-professional men:

Questions of identity, handwriting, quantity,

value, weight, measure, time, distance, velocity,
form, size, age, strength, heat, cold, sickness,
health, disposition, temper, anger, fear,
excitement, intoxications, veracity, and general
character too numerous to mention.
 WHAT IS BURDEN OF PROOF?

Burden of proof is the duty of a party to present

evidence on the facts in issue necessary to
establish his claim or defense by the amount of
evidence required by law. (He who asserts, not he
who denies, must prove)

If the plaintiff, upon whom rests the burden of

proving his cause of action, fails to show in a
satisfactory manner the facts upon which he bases
his claim, the defendant is under no obligation to
prove his defense.
 EXAMPLE OF BURDEN OF PROOF

Mr. A sues Miss B for a sum of money. Mr. A

based his claim upon due execution of the
promissory note. The issue then , is whether the
promissory note is genuine and was duly executed
by Miss B. The duty which rests upon Mr. A to
ultimately establish this issue under risk of losing
his case, is called the burden of proof.
 WHAT IS BURDEN OF EVIDENCE?

Burden of evidence means the duty of a party to

introduce and continue giving evidence at any
stage of the trial in order to establish a prima facie
case, or the like duty of the adverse party to meet
and overthrow that prima facie case thus
established.
 EXAMPLE OF BURDEN OF EVIDENCE

In the same example above, Mr. A in

establishing that the note was genuine and was
duly executed by Miss B, may show evidence that
Miss B actually signed by Miss B in the presence
of a witness and she delivered it to Mr. A.

The duty of Miss B to adduce evidence to prove

all those constituent facts in order to establish
evidence to rebut the prima facie case that Mr. A
has thus established.
 DISTINGUISH BURDEN OF PROOF FROM
BURDEN OF EVIDENCE

Burden of proof never shifts. This remains

throughout the entire case exactly where the
pleadings originally placed it. The party, whether
plaintiff or defendant, who substantially asserts the
affirmative of the issue has this burden of proof. It
is on him at the beginning of the case and
continues on him throughout the case.
 Burden of evidence on the other hand shifts to
one party when the other has produced sufficient
evidence to be entitled as a matter of law to a
ruling in his favor.

WHAT ARE THE MATTERS THAT NEED NOT

BE PROVEN?
1. Those which are judicially noticed.
2. Those which are admitted.
 WHO HAS THE BURDEN OF PROOF IN
CRIMINAL CASES?

In criminal cases, the prosecution has the

burden of proof (onus probandi) in establishing the
guilt of the accused.
WHO HAS THE BURDEN OF PROOF IN CIVIL
CASES?
In civil cases, the burden is on the party who
would be defeated if no evidence is given on either
side and therefore plaintiff must establish his case
by preponderance of evidence.
 WHAT IS PRESUMPTION?

A presumption is a rule of law that attaches

definite probative value to specific facts or draws a
particular inference as to the existence of one fact,
not actually known, arising from usual connection
with other particular facts which are known or
proved.
 WHAT IS AN INFERENCE?

An inference is one which a judge or jury is

required to draw from certain facts which have
been proved or admitted.
 WHAT IS THE VALUE OF PRESUMPTIONS?

During the trial of an action, the party who has

the burden of proof upon an issue may be aided in
establishing his claim or defense by the operation
of a presumption.

A presumption may operate against his

adversary who has not introduced proof to rebut
the presumption.
 WHAT ARE THE CLASSES OF
PRESUMPTIONS?

1) Presumption juris or of law is a deduction or

inference which the law considers as established
from facts proven.

2) Presumption hominis or of fact is a deduction or

inference which reason or experience draws from
other facts proved.
WHAT ARE THE CLASSES OF PRESUMPTIONS
JURIS?

1. Conclusive presumption or Presumptions juris et

de jure. These are conclusive or absolute
presumptions which are not permitted to be
overcome by any proof to the contrary, however,
strong.

2. Disputable presumption or Presumptions juris

tantum. These are presumptions which suffice
until overcome by contrary evidence.