UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW MALCOLM HALL DILIMAN, QUEZON CITY AY 2019-2020 (1st Semester) EVIDENCE (3 CREDIT UNITS) Prof. DENNIS S. SABADO TUESDAY & FRIDAY (6:00 p.m. - 7:30 p.m.) COURSE OUTLINE |. PRELIMINARY CONSIDERATIONS AND GENERAL CONCEPTS (Rule 128) A. GENERAL PROVISIONS 1. Definition 2. Scope B. BASIC CONCEPTS 1. Admissibility a. In General b. Conditional Admissibility c. Multiple Admissibility d. Curative Admissibility 2. Relevant Evidence 3. Material Evidence 4. Competent Evidence DSS - EVIDENCE (2019) Page 1 of 135. Evidence v, Proof 6. Factum Probandum v. Factum Probans 7. Collateral Matters 8. Circumstantial Evidence C. CLASSIFICATIONS OF EVIDENCE 1. As to Form a. Documentary b. Testimonial ©. Object 2. As to Admissibility a. Relevant b. Material c. Competent 3. As to its Relationship to the Fact in Issue a. Direct b. Circumstantial 4. As to its Relationship to Other Evidence a. Cumulative b. Corroborative 5. As to its Relation to Proof a. Prima facie b. Conclusive 6. As to its Probative Value DSS - EVIDENCE (2019) Page 2 of 13a. Primary b, Secondary/ Substitutionary 7. As to the Affirmation a. Positive b. Negative D. CONSTITUTIONAL FRAMEWORK 1. Constitution, Art. Ill, Secs. 2 and 3 People v. Sy Juco, 64 Phil. 667 (1937) Stonehill v. Diokno, L-19550, June 19, 1967 Central Bank v. Judge Morfe, L-20119, June 30, 1967 Soliven v. Judge Makasiar, 167 SCRA 394 (1988) Nolasco v. Pafio, 147 SCRA 509 (1987) Aniag, Jr. v, Commission on Elections, 237 SCRA 424 (1994) Bache & Go. v. Ruiz, 37 SCRA 823 (1971) People v. Andre Marti, 193 SCRA 57 (1991) 2. Constitution, Art. Il, Secs. 17 and 12 Diokno v. Enrile, G.R. No. 36315, December 19, 1981 People v. Galit, 135 SCRA 465 (March 20, 1985) People v. Jara, 144 SCRA 516 (September 30, 1986) Cabal v. Kapunan, Jr., L-19052, December 29, 1962 Pascual, Jr. v. Board of Medical Examiners, L-25018, May 26, 1969 Bermudez v. Castillo, 64 Phil. 483 (1937) E, ETHICAL FRAMEWORK 1. Code of Professional Responsibility, Canon 10; Rule 10.01, 10.02, 10.03 2. CPR, Rule 6.01 3. CPR, Canon 12; Rule 12.01 4. CPR, Rule 12.03 5. CPR, Rule 12.05; 12.06 DSS - EVIDENCE (2019) Page 3 of 136. CPR, Rule 12.07 7. CPR, Rule 12.08 8. CPR, Canon 21, Rules 21.01 to 21.07 9. CPR, Rule 15.02 Far Eastern Shipping Co. v. CA, 297 SCRA 30 (1998) Chavez v. Viola, 196 SCRA 10 (1991) People v. Elizaga, 86 Phil. 364 (1950) Berenguer v. Carranza, 26 SCRA 673 (1969) Valencia v. Cabanting, 496 SCRA 302 (1991) Orbit Transportation Co. v. Workmen's Compensation Commission, 58 SCRA 78 (1974) Hilado v. David, 84 Phil, 569 (1949) Mercado v. Vitriolo, A.C. No. 5108, May 2, 2005 People v. Sandiganbayan, 275 SCRA 505 (1997) Uy Chico v. Union Life Assurance Society, 29 Phil 163 (1915) Regala v. Sandiganbayan, G.R. No. 105938, September 20, 1996 Il. THE NEED FOR EVIDENCE (Rules 129 and 131) A. JUDICIAL NOTICE 1, Mandatory 2. Discretionary B. ADMISSIONS 1. In General 2. Judicial Admission 3. Extra-Judicial Admission 4, Stipulations See also Civil Code, Art. 2035 and 2038 5. Admission v. Confession DSS - EVIDENCE (2019) Page 4 of 13See also: Court-Annexed Mediation (A.M. 01-10-5-SC-PHILJA and amendments) Judicial Dispute Resolution (Consolidated and Revised Guidelines dated 15 November 2010) | Mediation before the Court of Appeals (A.M. No. 02-2-17-SC; 16 April 2002) C. PRESUMPTIONS, 1. Conclusive Presumption 2, Disputable Presumption 3. Estoppel in Pais See also, Civil Code, Arts. 1431-1439 D. PRESUMPTIONS IN GENERAL OR SPECIAL LAWS See also Civil Code, Art. 12; Art. 43; Arts. 390 and 391; ‘Art.433; Arts, 527 and 529; Arts. 1208 and 1210; Arts. 1272 and 1274; Art. 1302; Arts. 1602, 1603 and 1604; Arts. 1682 and 1687; Art. 1676 (3); Art. 1756; Art. 1875; Art. 1981; Art. 2048; Art. 2102; Art. 2135; Art. 2163; Art. 2185 and 2188 See also Part VIII below. Ill, RULES OF ADMISSIBILITY (Rule 130) A. OBJECT (REAL) EVIDENCE (Rule 130-A) 1. Definition 2. Physical Examination and “Autoptic Proference” B, DOCUMENTARY EVIDENCE (Rule 130-B) 1. Definition 2. Original Document DSS - EVIDENCE (2019) Page 5 of 13a. Copy with Adverse Party 3. Best Evidence Rule 4, Secondary Evidence See also Civil Code, Art. 1403 (2), Statute of Frauds 5. Parol Evidence Rule 6. Interpretation of Documents C. TESTIMONIAL EVIDENCE (Rule 130-C) 1. Qualifications a. Testimonial Knowledge (Sec. 36) 2. Disqualifications a. Mental Condition b. Absolute Marital Privilege ©. “Dead Man Statute” d. By Reason of Privileged Communication e. Witnesses to Wills (Civil Code, Arts. 820 and 821) 3. Child Witness | Rule on Examination of a Child Witness | (A.M. No. 004-07-SC; 15 December 2000) 4, Disqualifications by Reason of Privileged Communication (Sec. 24) a. Spouse b. Lawyer c. Person Authorized to Practie Medicine, Surgery, Obstetrics d. Minister or Priest DSS - EVIDENCE (2019) Page 6 of 13,e. Public Officer | 5. Testimonial Privilege 6. Admissions of a Party 7. Declarations Against Interest 8. Self-Serving Statement 9. Offer of a Compromise a. Ina Civil Case | b. In.a Criminal Case | c. Plea of Guilt | See also: Court-Annexed Mediation (A.M. 01-10-5-SC-PHILJA and amendments) Judicial Dispute Resolution (Consolidated and Revised Guidelines dated 15 November 2010) Mediation before the Court of Appeals (A.M. No. 02-2-17-SC; 16 April 2002) 10. Admission by a Party a. Co-Partner or Agent | See also Civil Code, Art.1820 and 1825; Art. 1899, 1900 and 1910 | b. Conspirator c. Privies d. Admission by Silence e. Confession 11. Previous Conduct as Evidence 12. Hearsay and Its Exceptions DSS - EVIDENCE (2019) Page 7 of 13a. Dying Declaration b. Declaration Against Interest c. Act or Declaration About Pedigree 4. Family Reputation or Tradition Regarding Pedigree e. Common Reputation £. Res Gestae g. Ancient Documents and Family Bibles h. Entries in the Course of Business i. Entries in Official Records j. Commercial Lists k. Learned Treaties |. Testimony or Deposition at a Former Proceeding 13. Opinion Rule a. General Rule b. Opinion of an Expert Witness c. Opinion of an Ordinary Witness 14, Character Evidence a. In Criminal Cases b. In Civil Cases D. DNA EVIDENCE Rule on DNA Evidence (A.M. No. 06-11-5-SC; 02 October 2007) E, ELECTRONIC EVIDENCE Rules on Electronic Evidence (A.M. No. 01-7-01-SC; July 17, 2001; see also SC Resolution dated 24 September 2002) DSS - EVIDENCE (2019) Page 8 of 13IV. PRESENTATION OF EVIDENCE (Rule 132) A. PRE-TRIAL REQUIREMENTS AND CONSIDERATIONS Revised Rules of Court, Rules 18, 26 and 30 Revised Rules of Court, Rules 118 and 119 Judicial Affidavit Rule (A.M. No. 12-8-8-SC) Quezon City Rules of Practice (A.M. No. 11-6-10-SC) Pilot Testing of Rules 22 and 24 of the Proposed Revised Rules of Civil Procedure (AM. No. 14- 03-02-SC; 18 March 2014) Revised Guidelines for Continuous Trial of Criminal Cases (AM. No. 15-05-10-SC) 2018 Revised Internal Rules of the Sandiganbayan (A.M. No. 13-7-05-SB) Revised Rules of the Court of Tax Appeals (A.M.No. 05-11-07-CTA) B. EXAMINATION OF A WITNESS (Rule 132-B) 1. Court Proceedings (Secs. 1, 2, 16, 17 and 18) 2. Rights and Obligations of a Witness (Secs. 3, 16 and 18) 3. Order of Examination a. Direct Examination b. Cross-Examination c. Re-Direct Examination d. Re-Cross Examination 4. Objections to Questions (Secs. 10 and 39) See PRONOVE, RICARDO L, EVIDENCE IN ACTION (1995) 5. Issues on Certain Witnesses DSS - EVIDENCE (2019) Page 9 of 13 | :a, Impeachment of Own Witness b. Evidence of Good Character 6. Rulings on Objections 7. Exclusion or Separation of Witnesses 8. Recall of a Witness C. JUDICIAL AFFIDAVIT RULE Judicial Affidavit Rule (A.M. No. 12-8-8-SC) D. AUTHENTICATION AND PROOF OF DOCUMENTS (Rule 132-B) 4. Public Documents a. Official Records b. Notarized Documents 2004 Rule on Notarial Practice (A.M. No. 02-8-13-SC) c. Public Record of a Private Document d. Admissibility and Weight e. Attestation f. Imemovability of Public Record g. Proof of Lack of Record h. Impeachment of Judicial Record See also Civil Code, Art. 1358; Art. 1878; Art. 2125 2. Private Documents a. Sealed Private Documents b. Ancient Document Rule 3. Foreign Documents/Foreign Official Documents DSS - EVIDENCE (2019) Page 10 of 134. Handwriting 5. Alterations in Documents 6. Documents in Unofficial Language E. OFFER AND OBJECTION (Rule 132-C) 1. Concept of Offer 2. Offer of Documentary, Object, Testimonial Evidence 3. Timely Objections a. How Done b. Striking Out Answers 4. Continuing Objections 5. Rulings a. Timing and Reasoning (Sec. 38) b. Other Power of the Court (Rule 133, Sec. 6) F. EXCLUDED EVIDENCE \V. PERPETUATION OF TESTIMONY (Rule 134) A. CONCEPT 1, Purpose and Scope 2. Compared with Rules 23 and 24 B. PETITION 1. Contents 2. Notice and Service C. COURT ACTION DSS - EVIDENCE (2019) Page 11 of 13D. USE OF DEPOSITION VI. PRESUMPTIONS UNDER THE RULES OF COURT (Rule 131) A. CONCLUSIVE PRESUMPTIONS (Sec. 2) B, DISPUTABLE PRESUMPTIONS (Sec. 3 [a] to [kk] C. LEGITIMACY OF A CHILD (Sec. 4) See also Family Code, Arts. 168 and 169 VIL. WEIGHT AND SUFFICIENCY OF EVIDENCE (Rule 133) A. BURDEN OF PROOF 1. Concept (Rule 131, Sec. 1) 2. Civil Cases (Preponderance of Evidence) 3. Criminal Cases a. Reasonable Doubt b. Appreciation of Special Defenses c. Confessions 4, Administrative Cases (Substantial Evidence) B. EVIDENCE ON MOTION VII EVIDENCE UNDER SPECIAL LAWS AND RULES A. Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; 25 September 2007), Secs. 1, 17, 13 and 18 B. Rule on the Writ of Habeas Data (A.M. No. 08-1-16-SC; 22 January 2008), Secs. 1 and 16 C. Anti-Wiretapping Law (R.A. No. 4200) DSS - EVIDENCE (2019) Page 12 of 13D. Data Privacy Act of 2012 (R.A. No. 10173) E. Access Devices Regulation Act of 1998 (R.A. No. 8484), Section 14 F. Anti-Fencing Act of 1979 (PD. No. 1612), Section 5 G. Anti-Hazing Law (R.A. No. 8049), Section 4 H. Anti-Photo and Video Voyeurism Act of 2009 (R.A. No. 9995), Secs. 4,7 and 6 |. Anti-Rape Law of 1997 (R.A. No. 8353), Sec. 2, in rel. to RPC Art. 266-C and 266-D; and Rape shield (R.A. No. 8505, Sec. 6) J. Bouncing Checks Law (B.P. Big. 22), Secs. 2 and 3 K. Comprehensive Dangerous Drugs Act (R.A. No. 9165), Secs. 12, 21, 60, 64 and 71 L. Cybercrime Prevention Act of 2012 (R.A. No. 10175), Chapter IV M. Journalists and their sources (R.A. No. 53, as amended by R.A. No. 1477) N. Plunder Law (R.A. No. 7080), Section 4 . Forfeiture of Unlawfully Acquired Property (R.A. No. 1379), Secs. 8 and 10 P. Social Security Law (R.A. No. 1161 as amended by R.A. No. 8282), Sec. 22 (d) and Sec. 24 (c) and () DSS - EVIDENCE (2019) Page 13 of 13