PART 1 AND 2 – C/O JOY (IN PHOTOS CHECK GC)

III. PROOF AND QUANTUM OF PROOF

A. When is proof necessary?    

 
Proof is necessary when a party makes an allegation. A party
needs to prove its own allegation.  It is the duty of a party to
present evidence on the facts in issue necessary to establish
his claim by the amount of evidence required by law. Who
desires a favorable judgment must present evidence to
support his claim, cause of action or defense. A party
however is not authorized to introduce evidence on matters
which he never alleged. Hence plaintiff will not be permitted to
prove a cause of action which is not stated in his complaint,
and the defendant will not be permitted to prove a defense
which he never raised in his answer.

In criminal cases, the offense and the aggravating

circumstances charged in an Information remain just
accusations until they are shown to be true by the
presentation of evidence. Defendant is not relieved from
liability simply because the raises a defenses. 

B. Proof is not necessary if there are:

A.1. Matters of judicial notice
1. What is judicial notice?

It refers to the act of the court in taking cognizance of

matters as true or as existing without need of the introduction
of evidence, or the authority of the court to accept certain
matters as facts even if no evidence of their existence has
been presented.

2. When is judicial notice mandatory?

The following are matters subject to mandatory judicial
notice:
a. existence and territorial extent of states;
b. political history, forms of government and symbols of
nationality of states;
c. law of nations;
d. admiralty and maritime courts of the world and their
seals;
e. political constitution and history of the Philippines;
 f. official acts of the legislative, executive and judicial
departments of the Philippines;
g. laws of nature;
h. measure of time; and
i. geographical divisions

3. When is judicial notice discretionary?

a. Those which are of public knowledge
b. Those which are capable of unquestionable
demonstration and
c. Matters ought to be known to judges because of their
judicial
functions.

4. What are the rules anent judicial notice of judgments?

Decisions of appellate courts must be taken notice of
mandatorily by trial courts. As to the records of cases pending
or decided by other courts, these may not be taken judicial
notice of. As to Records of other cases pending before the
same court, courts ss a general rule are not authorized to take
judicial notice of the contents of records of other cases tried or
pending in the same court, even when these cases were
heard or actually pending before the same judge. Exceptions:
(a) as when reference to such records is sufficiently made
without objection from the opposing parties reference is by
name and number or in some other manner by which it is
sufficiently designated or
(b)  when the original record of the former case or any part of
it, is actually withdrawn from the archives by the court’s
direction, at the request or with the consent of the parties, and
admitted as part of the records of the case then pending

5. May municipal ordinances be taken judicial notice of?

Municipal Trial Courts should take judicial notice of

municipal ordinances in force in the municipality in which they
sit.
Regional Trial Court should also take judicial notice of
municipal ordinances in force in the municipalities within their
jurisdiction but only when so required by law. RTC must take
judicial notice also of municipal ordinances in cases on appeal
to it from the inferior court in which the latter took judicial
notice of.
Court of Appeals may take judicial notice of municipal
ordinances because nothing in the rules prohibits it from
taking cognizance of an ordinance which is capable of
unquestionable demonstration.
6. May judicial notice be taken of a foreign judgment?
As a general rule, Philippine Courts cannot take
judicial notice of the existence and provisions/contents of a
foreign law, which matters must be alleged and proven as a
fact. If the existence and provisions/contents were not
properly pleaded and proven, the Principle of Processual
Presumption applies i.e. the foreign law will be presumed to
be the same as Philippine Laws and it will be Philippine Laws
which will be applied to the case. Exceptions (when Court
may take judicial notice of a foreign law):
a. When there is no controversy among the parties as to the
existence and provision of the foreign law
b. When the foreign law has been previously ruled upon the
court as to have acquired actual knowledge of it. For example:
Knowledge of the Texan law on succession based on the
Christiansen cases; notice of the existence of the Nevada 
Divorce Law
c. The foreign law has been previously applied in the
Philippines e.g. the Spanish Codigo Penal
d. The foreign law is the source of the Philippine Law e.g. the
California Law on Insurance, the Spanish Civil Code
e. When the foreign law is a treaty in which the Philippines is
a signatory it being part of the Public International Law

A.2. Presumption juris et de jure

1. What is a presumption?
A presumption is an assumption of fact that the law
requires to be made from another fact or group of facts found
or otherwise established in the action. It is an inference as to
the existence of a fact not actually known, arising from its
usual connection with another which is known, or a conjecture
based on past experience as to what course of human affairs
ordinarily take.

2. What are the kinds of presumptions?

a. Praesumption Legis: these are presumptions which the
law directs to be made by the court
 Juris tantum- or prima facie, rebuttable or
disputable presumption or those which may be
overcome or disproved
 Juris et de Jure: conclusive or those which the law does
not allow to be contradicted
 Statutory and Constitutional
 b. Praesumption Hominis (Fact) these are presumptions
which may be made as a result of the mental processes of
inductive or deductive reasoning from a fact

3. What is the effect of a presumption?

A presumption has the effect of shifting the burden of

proof to the party who would be disadvantaged by a finding of
the presumed fact. The presumption controls decision on the
presumed fact unless there is counterproof that the presumed
fact is not so. (Reference: Modesto Mabunga vs, People of
the Phils G.R. No. 142039 May 27, 2004)

4. What is the difference between a presumption and a

conclusion?

5. What is the difference between a presumption and an

inference?

An inference is a factual conclusion that can

rationally be drawn from other facts. It need not have a legal
effect because it is not mandated by law. The factfinder is free
to accept or reject the inference. A presumption is a rule of
law directing that if a party proves certain facts, the factfinder
must also accept an additional fact (the presumed fact) as
proven unless sufficient evidence is introduced to rebut the
presumed fact. It is an inference which is mandatory unless
rebutted.

6. What are presumptions Juris et de jure? Give ten

examples.

Presumptions Juris et de Jure are conclusive or those which

the law does not  allow to be contradicted. The instances are:
a) Estoppel in Pais: whenever a party has, by his own
declaration, act or omission, intentionally and
deliberately led another to believe a particular thing to
be true, and to act upon such belief, he cannot in any
litigation arising out of such declaration, act or omission,
be permitted to falsify it.
Examples:
1. A man who represents himself to be the true owner in a
sale will not be permitted later to deny the sale after he
acquire title thereto
2. Estoppel to deny validity of sale as when the wife, in
collusion with the husband, concealed her true status
induce her parents to believe she is single and to
 a property which in truth is conjugal. The husband cannot
deny the validity of the deed
3. The heirs who represented the minors in a suit for
partition cannot impugn the validity of the judgment for lack
of proper authorization
4. Jurisdiction by estoppel
5. Agency/Partnership by estoppel

b) Estoppel Against a Tenant:  the tenant is not permitted

to deny title of his landlord at the time of the
commencement of the relation of landlord and tenant
between them.

7. What is the quantum of proof required to rebut a

presumption?

-Clear and Convincing Evidence

2ND PART (IN PHOTOS CHECK GC)

A.3. Admissions

1. What is an admission?
2. How may an admission be made?
3. Is an implied admission admissible in evidence?
4. What is a judicial admission?
5. Give 5 examples of judicial admissions?
6. What is the rule for the admissibility of an admission
made during the pre-trial?
7. May an admission made by counsel in open court
be taken against his client?
8. What is the effect of an admission made by a party
in:

a. his judicial affidavit which is already part of the

record of the case if he did not testify?
b. His pleading if the same was thereafter
amended?
c. His pleading which he later withdrew?
d. His sworn statement after a motion to
discharge him as a state witness is denied?
e. His sworn statement as a state witness after he
refused to testify?

9. When may an offer of compromise be considered

an admission?
10. What is an admission by silence?
11. What is an adoptive admission?
 12. How is an adoptive admission made?
13. How is an adoptive admission different from an
admission by silence?
14. When may person be prejudiced by the
admission of another?
15. How may a judicial admission be contradicted?
16. Who may contradict a judicial admission?
17. May the admission of one accused on the
witness stand be taken against his co-accused?
18. What is an extrajudicial admission?
19. What are the requisites for the admission of an
extrajudicial admission?
20. What are the requisites for the a
21. May an admission in a counter-affidavit
submitted during a preliminary investigation be
admitted in evidence?
22. Give the differences between an admission and
a confession.

A.4. Confessions

1. What is a confession?
2. What are the requisites for the admission of an
extrajudicial confession?

A. 5. Unrebutted presumptions juris tantum

1. What are presumptions juris tantum? Give twenty

examples.

A. What is “burden of proof”? Is it the same as “burden of

evidence”?
B. Who has the “burden of proof” in a case?
C. What is “quantum of proof”?
D. Define:
a. proof beyond reasonable doubt
b. preponderance of evidence
c. substantial evidence
d. clear and convincing evidence

E. Give two instances when the quantum of proof required is

clear and convincing evidence.
F. What is the quantum of proof in administrative cases
against lawyers?
G. What is the quantum of proof in preliminary investigations?
 Reference: Sen. Jinggoy Ejercito Estrada vs. Office of the
Ombudsman (G.R. Nos. 212140 -41 January 21, 2015)

H. When may a civil action be decided not on the basis of

preponderance of evidence?
I. What is a prima facie case?

Reference: Prima facie case: Fe J. Bautista vs. Hon.

Malcolm Sarmiento (G.R. No. L-45137 dated
September 23, 1985)
Reference: Prima facie case: Fe J. Bautista vs. Hon.
Malcolm Sarmiento (G.R. No. L-45137
dated September 23, 1985)

J. What is equipoise of evidence?

IV. EVIDENCE AND ITS ADMISSIBILITY

1. What are the kinds of evidence according to:

A. Form

Testimonaial
Documentary
Physical

B. Relevancy
Direct Evidence proves a fact without the need to make an inference
from another fact (Riano, 2016).

Circumstantial Evidence or indirect evidence proves a fact in issue

indirectly through an inference which the fact finder draws from the
evidence established. (People v. Matito, G.R. No. 144405, February
24, 2004)

C. Probative value

Positive Evidence exists when the witness affirms in the stand that a
certain state of facts does not exist or that a certain event happened.

Negative evidence exists when the witness states that an event did not
occur or that the state of facts alleged to exist does not actually exist.
(Riano, 2016)
Greater probative value is given to evidence that is positive in nature
than that which is accorded to evidence that is negative in character

2. What is an electronic evidence?

According to Black’s law dictionary, evidence is “any species of
proof, or probative matter, legally presented at the trial of an
issue, by the act of the parties and through the medium of
witnesses, records, documents, exhibits, concrete objects, etc.
for the purpose of inducing belief in the minds of the court or jury
as to their contention.” Electronic information (like paper)
generally is admissible into evidence in a legal proceeding.

3. What kind of evidence according to form is an electronic

evidence?
It depends on the purpose of the electronic evidence, e.g.: If a tape
recording is played to show that particular words were uttered, it will
constitute a documentary evidence. However, if it is played to simply
show that words were uttered in a particular accent, then it is an object
evidence

4. What are the two maxims of admissibility of evidence?

A. RELEVANCY (None but facts having rational probative value are
admissible). Per section 4, “Evidence must have such a relation to the
fact in issue as to induce belief in its existence or non-existence”.
B. COMPETENCY ( All facts having rational probative value are
admissible unless some specific law or rule forbids). In short the
evidence is not excluded by law or rules.

5. What are the kinds of admissibility?

A. Multiple Admissibility: when a material is asked by a party to be

admitted as evidence, the party presenting must inform the court of the
purpose which the material is intended to serve and the court then
admits the material as evidence. Multiple admissibility may mean
either (i) the evidence is admissible for several purposes or (ii) an
evidence is not admissible for one purpose but may be admitted for a
different purpose if it satisfies all the requirements of the other purpose
B. Curative admissibility or “fighting fire with fire” or “Opening the
Door” This applies to a situation when improper evidence was allowed
to be presented by one party, then the other party may be allowed to
introduce or present similar improper evidence but only to cure or to
counter the prejudicial effect of the opponent’s inadmissible evidence.
C. Conditional Admissibility: An evidence is allowed to be presented
for the time being or temporarily, subject to the condition that its
relevancy or connection to other facts will later be proven, or that the
party later submit evidence that it meets certain requirements of the
law or rules. If the conditions are not later met, the evidence will be
stricken from the record.

6. When is evidence considered relevant?

a). rational or logical relevancy in that it has a connection to the issue

and therefore it has a tendency to establish the fact which it is offered
to prove. The evidence must therefore have probative value   
b). legal relevancy in that the evidence is offered to prove a matter
which has been properly put in issue as determined by the pleadings
in civil cases, or as fixed by the pre-trial order, or as determined by
substantive law.

7. What is the test of relevancy of evidence?

Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it
would be without the evidence; and
(b) the fact is of consequence in determining the action.

8. When is evidence considered competent?

Competency is determined by the prevailing exclusionary rules of
evidence.
competency is determined by law.

9. What are rules of exclusion in general?

Exclusionary Rules- those that exclude certain kinds of evidence on
the grounds of policy and relevancy. Example: the rule that character
evidence is not admissible in civil cases; the rule disqualifying certain
persons from being witnesses.
 10. What is the Exclusionary Rule?
Exclusionary Rules- those that exclude certain kinds of evidence on
the grounds of policy and relevancy. Example: the rule that character
evidence is not admissible in civil cases; the rule disqualifying certain
persons from being witnesses.

11. Give 5 rules of exclusion provided in substantive laws.

the rule that character evidence is not admissible in civil cases;
the rule disqualifying certain persons from being witnesses.
Personal opinion as to the moral character of the accused and the
specific conduct of the part exhibiting

12. Give 5 rules of exclusion found in procedural laws

aside from the Rules of Court.
evidence obtained in violation of the Constitutional prohibition against
unreasonable searches and seizures
The effect of an illegal search and seizure is the exclusion of the
evidence obtained from being used against the person whose rights
were violated by the search.

13. Enumerate (only) the rules of exclusion found in the

Rules of Court.

V. PRESENTATION OF EVIDENCE

A. What are the requisites so that a piece of evidence will be

considered by the courts?

B. What is Offer of Evidence?

A formal offer of evidence conveys to the judge the
purpose/s for which an evidence is being presented and
allows the court to pass judgment on its admissibility
should the adverse party object to the evidence after
examining it.

C. When may a court consider evidence which was not formally

offered?
 In the interest of substantial justice, the Supreme Court
has, on occasion, allowed the admission of evidence
not formally offered, provided that two essential
conditions must concur:

(1) The evidence must have been duly identified by

testimony duly recorded; and
(2) It must have been incorporated in the records of the
case.

D. What are the reasons why evidence must be offered?

Reasons for stating purposes of offer of evidence:

1. For the court to determine whether that piece of

evidence should be admitted or not;
2. Evidence submitted for one purpose may not be
considered for any other purpose (People v. Diano,
[CA], 66 O.G. 6405); and
3. For the adverse party to interpose the proper
objection.

E. Why must the purpose of the presentation of the evidence

be included in the offer?
Purposes of offer of evidence:

1. To notify the party of possible objection, and for the

offeror to make necessary correction at the trial level to
meet the objection;
2. To allow the trial judge to rule properly;
3. To lay basis for appeal so that the appellate court can
decide intelligently (Regalado, 2008).

F. May an evidence be considered by the court for purposes

not indicated in the offer? (di sa pang-iinsulto pero para
magkaintindihan tayo : a document is offered to prove
points 1 and 2. May it be considered by the Court to prove
point 3?)

G. What is an objection?
An objection is a formal protest raised in court during a trial
to disallow a witness's testimony or other evidence in
violation of the rules of evidence or other procedural law.

H. When should an objection be made in the case of:

1. testimonial evidence (2 instances dapat )
1. When the offer was made;
 2. When an objectionable question is asked of the
witness.

2. documentary evidence
When the document is offered in evidence.

3. object evidence
When the document is offered in evidence.

I. What is the effect if an objection is not timely made?

Objections to the admission of evidence must be made
seasonably, at the time it is introduced or offered,
otherwise they are deemed waived, and will not be
entertained for the first time on appeal. (People v.
Bañares, G.R. No. 68298, November 25, 1986)

J. What is the reason why an objection must be made to

questions pertaining to documents which are inadmissible
even before the documents are offered?

K. What are the kinds of objection according to:

1. scope

2. nature

L. Give 10 examples of formal objections.

M. What is a leading question?

It is one which suggests to the witness the answer
which the examining party desires. A leading question
is not allowed (Sec. 10, Rule 132).

A leading question is one that tries to put words in the

witness' mouth or looks for the person to echo back
what the questioner asked.

N. Why are leading questions not allowed?

Leading questions can serve as a form of persuasion.
They are rhetorical in the sense that the implied
 answers can be an attempt to shape or determine a
response.

O. Are all questions answerable with a “yes” or “no” leading?

No

P. When are leading questions allowed?

A leading question is allowed on the following
circumstances:

1. On cross-examination;
2. On preliminary matters;
3. When there is difficulty in getting direct and
intelligible answers from a witness who is ignorant, or a
child of tender years, or is of feeble mind, or a deaf-
mute;
4. Of an unwilling witness or hostile witness;

NOTE: A witness may be considered as unwilling or

hostile only if so declared by the court upon adequate
showing of his adverse interest, unjustified reluctance
to testify or his having misled the party into calling him
to the witness stand. (Sec. 12, Rule 132)

5. Of a witness who is an adverse party or an officer,

director, or managing agent of a public or private
corporation or of a partnership or association which is
an adverse party (Sec. 10, Rule 132); or
6. In all stages of examination of a child if the same will
further the interests of justice (Sec. 20, Rule on
Examination of a Child Witness, A.M. No.004-07-SC)

Q. What is a misleading question?

It is one which assumes as true a fact not yet testified to
by the witness, or contrary to that which he has
previously stated. It is not allowed (Sec. 10, Rule 132) in
any type of examination (Riano, 2016).

R. What is extrapolation?
Extrapolation is an estimation of a value based on
extending a known sequence of values or facts beyond
the area that is certainly known.

An extrapolation is kind of like an educated guess or a

hypothesis.

S. Why is a compound question not allowed?

 This may result in inaccuracies in the attitudes being
measured for the question, as the respondent can
answer only one of the two questions, and cannot
indicate which one is being answered.

A compound question can be objected to by opposing

counsel since it is confusing to the witness, who is
entitled to answer each question separately.

T. Why should you object to a question that calls for a

narration?

U. What is the difference between “laying the foundation” and

“laying the predicate”?

V. When is a continuing objection proper?

W.Give 10 examples of substantive objections.

X. What is Offer of Proof?

It is an explanation made by an attorney to a judge
during trial to show why a question which has been
objected to as immaterial or irrelevant will lead to
evidence of value to proving the case of the lawyer's
client.

Y. What is the purpose of Offer of Proof?

Z. What is authentication?
It is the process of proving the due execution and
genuineness of a document.

AA. Who is a sponsor in evidence?

The person offering it (?).

PART 6 AND 7 TO BE FOLLOWED

VI. OBJECT EVIDENCE

A. What is an object evidence?

B. What is a demonstrative evidence?
C. Differentiate object evidence from demonstrative evidence.
D. What are the types of demonstrative evidence?
E. Give five examples of demonstrative evidence.
F. Why is object evidence also called real evidence?
G. Why is it also known as autoptic evidence?
H. What is autoptic proference?
I. What are the requisites so that an object evidence may be
admitted in evidence?
J. How must authentication be done for:
1. real evidence in general
2. photograph
3. video footage taken by a person
4. CCTV footage
5. messages sent through text messaging/ email/messenger

K. What are the categories of object evidence?

L. What is the doctrine of Chain of Custody?
M. When may a documentary evidence be presented as an object
evidence?
N. Give five limitations to the presentation of object evidence.
O. What is the Fruit of the Poisonous Tree doctrine?
P. For what evidentiary purpose may blood grouping tests be
conclusive?
Q. What is DNA evidence? ( Ref: Antonio Lejano vs. People of the
Philippines G.R. No. 176389 December 14, 2010; People of the
Philippines vs. Edgar Allan Corpuz G.R. No. 208013 July 3, 2017)

1. What is DNA?

2. Give 5 instances when DNA evidence may be used.

3. What are the factors to be considered in determining

the probative value of DNA evidence?

4. What are the factors affecting the reliability of DNA

evidence?

5. What are the requisites for the admissibility of DNA

evidence?

6. What is the purpose of Post-conviction DNA testing?

VII. DOCUMENTARY EVIDENCE

1. What is a document?
2. What is a documentary evidence?
3. What is an original document?
4. What is the Best Evidence Rule?
5. What are the requisites for the application of the BER?
6. What is a secondary evidence?
7. What are the requisites for the introduction of secondary
documentary evidence?
8. What is parol evidence?
9. What is the parol evidence rule?
10. What are the requisites for the application of the
parol evidence rule?
11. What are the exceptions to the parol evidence rule?
12. What is intrinsic ambiguity in a document?
13. Differentiate Parol Evidence Rule from Best
Evidence Rule.
14. What is authentication of a documentary evidence?
15. What documentary evidence requires no
authentication?
16. What are the kinds of documents according to the
manner of authentication?
17. Differentiate private documents from public
documents?
18. What are the different kinds of public documents?
Give one example for each.
19. What will you present if you want to prove an official
record?
20. When is a document or record required to be
attested?
21. What should be stated in the attestation?
22. How do you prove the non-existence of an official
record?
23. What kind of public documents are judicial records?
24. How do you impeach documentary evidence in
general?
25. How do you impeach judicial records?
26. What are notarial documents?
27. Is an affidavit a notarial document?
28. Is an affidavit a public document?
29. How do you prove notarial documents?
30. When may an altered document be admissible?
31. Differentiate these kinds of public documents as to
what they may prove. (ref: RP vs. Fe Roa Gimenez
G.R. No. 174673 dated January 11, 2016)
\
32. How may a private writing be authenticated?
33. How is the genuineness of a handwriting proven?
34. Give ten rules as regards the interpretation of
documents.

35. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

a. What are governed by the Rules on Electronic
Evidence?

b. Is it applicable to criminal cases?

c. What is electronic evidence?

d. What is an electronic document?

e. What is an electronic signature?

f. What are the presumptions regarding an

electronic signature?

g. How is an electronic signature different from a

digital signature?

h. How does an electronic signature work?

i. How is an electronic evidence authenticated?

j. What is an ephemeral evidence?

k. To be continued promise 