EVIDENCE 3.
Re-direct examination (Counsel for Plaintiff)
RULE 132
EXAMINATION OF WITNESSES
SEC 1. Examination of witnesses presented in a trial shall
be done in open court and under oath or affirmation.
 no oath/affirmation; witness can’t testify
 Oath – any form of attestation by which a person
signifies that he is bound to perform an act
truthfully with solemn appeal to God.
 Affirmation – any solemn and formal declaration
In lieu of an oath stating that the witness will tell
the truth.
SEC 3. RIGHTS AND OBLIGATIONS OF A WITNESS
1. To be protected from irrelevant, improper or
insulting questions and demeanor;
2. Not to be detained longer than required;
3. To be examined only as to matters relevant to
the issue;
4. Right against self-incrimination;
5. Right against self-degrading questions
-must answer to the fact of his previous final
conviction for an offense
-undressing before a public officer, a mechanical act;
not covered under right against self-incrimination
-person writing his signature, may be mechanical or
testimonial act;
SEC 4. ORDER OF EXAMINATION OF WITNESSES
1. Direct Examination (Counsel for Plaintiff)
- Examination-in-chief
- All facts relevant to the fact in issue
2. Cross-Examination (Counsel for Defendant)
ENGLISH RULE:
- Any matter stated in the direct examination
- Any matter connected with matters stated in
the direct examination
- All important facts bearing upon the issue
AMERICAN RULE: matters covered in the D.E.
- Hostile or unwilling witness
- Witness is the accused in crim case
- Witness who is an adverse party
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- To explain or supplement answers given
during the cross
- If there is no re-direct, re-cross is not allowed
4. Re-cross examination (Counsel for Defendant)
- Matters stated in re-direct
*NOTE:
Civil Case: 1st Plaintiff, 2nd Defendant
Crim Case: 1st Prosecution, 2nd Defense
SEC 9. RECALLING OF A WITNESS
- Witness may be recalled upon motion (with
leave of court)
- Ground: as the interests of justice may
require
- Trial judge may in his own motion recall
witnesses
SEC 10. LEADING AND MISLEADING QUESTIONS
 Leading Questions – Q which suggests to the
witness the answer which the examining party
desires
 Misleading Questions – assumes as true a fact
not yet testified by the witness
- Contrary to that which he has previously
stated
- Misleading Qs ABSOLUTELY NOT ALLOWED
 GR: Leading Questions are not allowed
EXCEPTIONS:
1. Cross Examination
2. Preliminary Matters
3. Witness is ignorant, a child of tender years,
feeble mind or deaf-mute
4. Witness who is an adverse party
5. Unwilling or Hostile Witness
SEC 11. IMPEACHMENT OF ADVERSE PARTY’S WITNESS
- Contradictory Evidence
- Evidence that witness’ general reputation
for honesty, integrity or truth is bad
- Evidence of prior inconsistent statements
Example:
 Rodrigo is accused of: Falsification, Estafa, Rape
and Theft.
A: Evidence of a particular wrongful act is not a
ground to impeach a witness. Final Conviction is
required.
b. Past Recollection Recorded
- Admissible with Caution (Ad Cautelam)
- Memorandum serves as record of past
recollection
SEC 17. OPEN THE DOOR RULE/ RULE OF COMPLETENESS

SEC 12. PARTY CAN’T IMPEACH HIS OWN WITNESS - If a party offers a document and omitted a
part of the document, the whole of an act,
Except:
declaration, conversation or writing may be
a. unwilling or hostile witness inquired into to explain a part thereof
- adequate showing of his adverse interest already given in evidence
- unjustified reluctance to testify - Remedy: motion to produce the document
- having misled the party into calling him to
SEC 19. CLASSES OF DOCUMENTS
the witness stand
b. witness who is an adverse party PUBLIC PRIVATE
Written official All other writings
SEC 13. HOW TO IMPEACH WITNESS BY PRIOR acts/records of the
INCONSISTENT STATEMENTS (Laying the Predicate) official acts of the
1. Statement in writing must be shown first to the sovereign authority,
official
witness;
bodies/tribunals, and
2. Statement must be related to the witness with
public officers
circumstances of time, places and persons
Documents Wills & testaments
present; acknowledged before
3. Witness must be asked whether he made such a notary public; E:
statements; wills & testaments
4. Witness must be allowed to explain them Public records of
private documents
SEC 14. EVIDENCE OF GOOD CHARACTER
required by law to be
- Evidence of good character is inadmissible entered therein
until such character has been attacked or
impeached SEC 20. AUTHENTICITY OF PRIVATE DOCUMENT
SEC 15. ECLUSION & SEPARATION OF WITNESSES a. Must be proved by anyone who saw the
- The judge may EXCLUDE from the court any document written or executed
witness, so that he may not hear the b. By evidence of the genuineness of the signature
testimony of other witnesses or handwriting of the maker (Sec. 22):
- The judge may cause witnesses to be KEPT - By a witness who believes it to be the
SEPARATE and to be PREVENTED from handwriting of the person bec. he has seen
conversing with one another the person write;
- Upon motion of any party/court - By a witness who has seen the writing or
signature to be the handwriting of such
SEC 16. MEMORADUM person and has acquired knowledge of the
a. Present Recollection Refreshed handwriting;
- Inadmissible - By a witness/court by comparison with
- Memorandum serves as refresher of the writing or signature
present recollection
- Evidence is the oral testimony itself
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SEC 21. WHEN EVIDENCE OF AUTHENTICITY OF PRIVATE
DOC. NOT REQUIRED
- If it is an ANCIENT DOCUMENT:
a. More than 30yrs old
b. Found in proper custody
c. Unblemished by any alteration or by any
circumstances of suspicion
SEC 23. PUBLIC DOCS AS EVIDENCE
- Entries in Public Records, official records,
course of business, made in performance of
a duty by a public officer, are PRIMA FACIE
EVIDENCE of facts stated therein
- Public documents are PRIMA FACIE
EVIDENCE of their execution and date of
execution
SEC 24. PROOF OF OFFICIAL RECORDS
 In the PH:
- Official publication thereof
- Copy attested by the officer having custody
of the record
 If in Foreign Country:
- Certificate made by the secretary of
embassy, consul general, consul, vice consul,
consular agent or any officer in the foreign
service
SEC 27. PUBLIC RECORD OF PRIVATE DOCUMENT
PROVED
a. Original public record of private document
b. Certified copy attested by legal custodian
SEC 28. CERTIFICATION OF LACK OF RECORD
a. Officer has the custody of official records
b. Officer conducted a diligent search
c. After diligent search, record does not exist
SEC 29. JUDICIAL RECORD MAY BE IMPEACHED
a. Lack of jurisdiction of court/officer
b. Collusion bet. Parties
c. Fraud in the party offering the record
SEC 30. Notarized documents are prima facie evidence of
the execution of the instrument.
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SEC 31. ALTERATION IN THE DOC MUST BE ACCOUNTED
FOR TO BE ADMISSIBLE
a. Alteration was made by another person
b. Alteration was made with consent of the parties
affected by it
c. Alteration was properly/innocently made
d. Alteration did not change the meaning/language
of the document
SEC 32. SEALED OR UNSEALED PRIV. DOC has no
difference insofar as their admissibility in evidence
SEC 33. GR: Documentary evidence in an unofficial
language is not admissible
E: May be admitted if accompanied with translation into
English/ Filipino
OFFER AND OBJECTION
SEC 34. OFFER OF EVIDENCE (orally)
- No evidence shall be considered by the
court, unless it has been formally offered
- Purpose of evidence must be specified
SEC 35. WHEN TO MAKE OFFER
a. TESTIMONIAL EVIDENCE
- Offer must be made at the time the witness
is called to testify
b. DOCUMENTARY & OBJECT EVIDENCE
- Shall be offered after the presentation of a
party’s (all witnesses of each party)
testimonial evidence
SEC 36. OBJECTIONS
a. OBJECTION TO A QUESTION
- Shall be made as soon as the grounds
therefore shall become reasonably apparent
b. OBJECTION TO TESTIMONIAL EVIDENCE
- Must be made immediately after the offer is
made
c. OBJECTION TO DOCUMENTARY & OBJECT
EVIDENCE
- Under the Judicial Affidavit Rule:
Immediately after the offer is made
SEC 37. REPETITION OF OBJECTION UNNECESSARY
 - Questions being propounded are of the - Offeror may state for the record the name
same class as those to which objection has and other personal circumstances of the
been made witness and the substance of the proposed
testimony
SEC 38. RULING

- Ruling must be given immediately after

objection is made RULE 133
- Reason for sustaining/ overruling an
WEIGHT AND SUFFICIENCY OF EVIDENCE
objection need not be stated
- Rulings of trial court on procedural questions SEC 1. PREPONDERANCE OF EVIDENCE
and on admissibility are interlocutory in
nature and may not be subject of separate  BURDEN OF PROOF
appeal/review on certiorari - Standard of proof required in a particular
Remedy: type of case
Assigned as errors and reviewed in the  BURDEN OF EVIDENCE
appeal properly taken from the decision - Burden on a party to a case to refute or
rendered by the trial court on the merits of explain a matter.
the case  PREPONDERANCE OF EVIDENCE
- Refers to evidence which is of greater
SEC 39. STRIKING OUT ANSWER weight, or more convincing, that which is
a. When the adverse party had not been given the offered in opposition to it
opportunity to raise fully his objection to the TYPE OF CASES BURDEN OF PROOF
question before the witness answered the CIVIL Preponderance of
question; or evidence
b. When the answer of the witness is incompetent, CRIMINAL Proof beyond
irrelevant, or improper. reasonable doubt
c. When the adverse party had not been given the ADMIN, LABOR Substantial evidence
opportunity to cross-examine the witness. OTHER CASES Clear and convincing
evidence
SEC 40. TENDER OF EXCLUDED EVIDENCE

- Evidence must first be offered before tender WEIGHT OF ADMISSIBILITY CREDIBILITY

of excluded evidence is made EVIDENCE OF EVIDENCE OF EVIDENCE
OFFER OF EVIDENCE OFFER OF PROOF Burden, Relevancy and Veracity,
degree, or competency credit, or
Tender of evidence Tender of formally
standard of of evidence persuasiveness
formally offered for offered evidence but
proof of evidence
specific purposes for excluded by the trial
required in a
consideration by the court for
particular
trial court consideration by the
case
appellate

COMPETENCY OF CREDIBILITY OF
 Evidence excluded is WRITTEN, DOCUMENTARY,
WITNESS WITNESS
OR OBJECT:
Arises before Arises after
- Offeror may have the same attached to or
testimony is given by testimony is given by
made part of the record the witness the witness
 Evidence excluded is ORAL or TESTIMONIAL:

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 Denotes personal Denotes veracity of
qualifications of the the witness
witness
 In determining preponderance of evidence, the
ff factors must be considered:
1. All the facts and circumstances of the case
2. Witnesses’ manner of testifying
3. Witnesses’ intelligence
4. Witnesses’ means and opportunity of
knowing the facts to which they testify
5. Nature of the facts to which they testify
6. Probability an improbability of witnesses’
testimonies
7. Witnesses’ interest or lack of interest
8. Witnesses’ personal credibility
 Instances when findings of facts of the trial
court/CA may be reviewed by SC:
1. Conclusion is a finding grounded entirely on
speculation, surmises and conjectures;
2. Inference made is manifestly mistaken,
absurd or impossible;
3. There is grave abuse of discretion;
4. Judgment is based on a misapprehension of
facts;
5. Findings of facts are conflicting;
6. When the CA, in making its findings, went
beyond the issues of the case and the same
is contrary to the admissions of both
appellant and appellee;
7. Findings are contrary to those of the trial
court;
8. Findings of fact are conclusions w/o citation
of specific evidence on which they are based;
9. Facts set forth in the petition as well as in the
petitioner’s main and reply briefs are not
disputed by the respondents;
10. Findings of fact of the CA is premised on the
supposed absence of evidence and is
contradicted by the evidence on record
 Falsus In Uno Falsus In Omnibus Doctrine
- Not a positive rule of law
- If a part of a witness’ testimony is found true,
it cannot be disregarded entirely.
- No longer accepted in modern
jurisprudence0
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 SEC 2. PRFOOF BEYOND REASONABLE DOUBT
- Is that degree of proof which produces moral
certainty or conviction in an unprejudiced
mind of the guilt of an accused
- Shall include statements made in open
court, all documents, affidavits, or sworn
statements of the witnesses, and other
supporting evidence
- Burden of proof: prosecution
 SEC 3. EXTRAJUDICIAL CONFESSION
- An extrajudicial confession made by an
accused, shall not be sufficient ground for
conviction, unless corroborated by evidence
of corpus delicti.
CORPUS DELICTI – the substantial fact that a
crime was committed; body of a crime;
circumstantial evidence
a. That a certain result has been proved
b. That some person is criminally responsible
for the act
REQUIREMENTS FOR ADMISSIBILITY OF
CONFESSION
1. Confession must be voluntary
2. Confession must be made with the
assistance of competent and independent
counsel
3. Confession must be express
4. Confession must be in writing.
 SEC 4. CIRCUMSTANCIAL EVIDENCE
- That the principal fact in issue is indirectly
proven by inferences drawn from
circumstances or accompanying or other
attendant facts directly proven
- Absence of unavailability of direct evidence
WHEN SUFFICIENT:
a. There is more than one circumstance;
b. Facts from which the inferences are derived
are proven
c. The combination of all the circumstances is
such as to produce a conviction beyond
reasonable doubt
DIRECT EVIDENCE CIRCUMSTANCIAL
EVIDENCE
 Proves a fact in Proves a fact in EVIDENCE ON MOTION WHEN FACTS DO NOT
issue directly w/o issue indirectly APPEAR YET ON RECORD:
any reasoning or whereby - Oral testimony
inference being reasoning or - Affidavits
drawn by the fact- inference is being - Depositions
finder drawn by the - Other papers
factfinder
AFFIDAVIT DEPOSITION
 SEC 5. SUBSTANTIAL EVIDENCE Written Testimony of
- Labor cases, agrarian cases, admin cases, statement/declaration deponent taken upon
sweetheart defense voluntarily made by oral questions or
- Such relevant evidence as a reasonable mind affiant under oath or written
might accept as adequate to support a affirmation taken interrogatories, given
before a person in advance of a trial or
conclusion
authorizes to hearing, not in open
- More than a scintilla of evidence but less
administer oath or court, but pursuant
than a preponderance of evidence affirmation to an order of a court
SUBSTANTIAL SUBSTANTIVE to take testimony
EVIDNECE EVIDENCE under oath
Is relevant evidence Is evidence adequate Not admissible if Admissible under
adequate to justify a to prove a fact in affiant is available but exceptional
conclusion issue did not take the circumstances even if
 CLEAR AND CONCVINCING EVIDENCE witness stand deponent is not
available to take the
- More than preponderance of evidence but
witness stand
less than proof beyond reasonable doubt
1. To rebut a disputable presumption
2. To contradict a notarized document GR: Deposition may be offered during trial to prove the
3. To prove fraud facts therein set out in lieu of actual oral testimony of
4. To prove insanity deponent, however it may be opposed on the ground of
5. To prove consent to warrantless search hearsay.

STANDARD OF PROOF E: However, it may be used w/o deponent being called to

the witness stand:
1. Admin case against a lawyer:
preponderance of evidence
2. Admin case against a judge:
PBRD
 SEC 6. The court is vested with prerogative and
sound discretion to stop introduction of further
evidence or testimony which would constitute
merely cumulative evidence
- Evidence is already full that more witnesses
to the same point cannot be reasonably
expected to be additionally persuasive.
 SEC 7. If the Rules of Court require or if necessary
to prove the facts alleged in the motion, said
motion shall be accompanied by supporting and
other papers
1. Witness is dead
2. Witness resides more than 100km from the place
of trial, or is outside the PH, unless it appears
that his absence was caused procured by the
party offering the deposition
3. Witness is unable to testify due to age, sickness,
infirmity or imprisonment
4. Party offering the deposition has been unable to
procure the attendance of the witness by
subpoena
5. In the interest of justice and with due regard to
the importance of presenting the testimony of
witnesses orally in open court
 Newly discovered evidence

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 - Which already exists prior to or during trial,
but whose existence is not known to the
offering litigant
 Requisites for newly discovered evidence as a
ground for new trial:
a. Evidence was discovered after the trial
b. Such evidence could not have been
discovered and produced at the trial even
with the exercise of reasonable diligence
c. Evidence is material and not merely
cumulative
d. Evidence is of such weight that it would
probably change the judgment, if admitted
 State Witness/Evidence
- After requiring prosecution to present
evidence and sworn statement of each
proposed state witness at a hearing in
support of the discharge
- When 2 or more persons are jointly charged
with the commission of any offense, the
court may direct one or more of the accused
to be discharged with their consent so that
they may be witnesses for the State:
a. There is absolute necessity for the
testimony of the accused whose
discharge is requested;
b. There is no direct evidence available for
the proper prosecution of the offense
committed
c. Testimony of said accused can be
substantially corroborated in its material
points
d. Said accused does not appear to be the
most guilty
e. Said accused has not at any time been
convicted of any offense involving moral
turpitude

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