Summary of Remedies and Rules in Evidence 1

Revised Rules of Evidence public or private corporation,
partnership, or association which is

Summary of remedies and rules a party may be used by an adverse
party for any purpose;
Remedies available in preparation for trial
(c) The deposition of a witness,
-Use of available modes of discoveries
whether or not a party, may be used
1.) depositions pending action (Rule 23, by any party for any purpose if the
court finds: (1) that the witness is
ROC)
dead, or (2) that the witness resides
at a distance more than one
a.) by leave of court after jurisdiction has
hundred (100) kilometers from the
been obtained over the person of place of trial or hearing, or is out of
defendant or over the property; b). Without the Philippines, unless it appears
such leave after an answer has been filed. that his absence was procured by
the party offering the deposition, or
How depositions to be used: (3) that the witness is unable to
attend or testify because of age,
”Use of depositions. — At the trial or sickness, infirmity, or imprisonment,
upon the hearing of a motion or an or (4) that the party offering the
interlocutory proceeding, any part deposition has been unable to
or all of a deposition, so far as procure the attendance of the
admissible under the rules of witness by subpoena; or (5) upon
evidence, may be used against any application and notice, that such
party who was present or exceptional circumstances exist as
represented at the taking of the to make it desirable, in the interest
deposition or who had due notice of justice and with due regard to the
thereof, in accordance with any one importance of presenting the
of the following provisions; testimony of witnesses orally in
open court, to allow the deposition
(a) Any deposition may be used by to be used; and
any party for the purpose of
contradicting or impeaching the (d) If only part of a deposition is
testimony of deponent as a witness; offered in evidence by a party, the
adverse party may require him to
(b) The deposition of a party or of introduce all of it which is relevant
any one who at the time of taking to the part introduced, and any
the deposition was an officer, party may introduce any other parts.
director, or managing agent of a (sec 4. R23.)”
Prepared by Aaron Marc T. Saludo, and edited by Mary Grace O. Del Rosario. Special thanks to Nadine
Balan for her meticulous care in consolidating the remedies from the audio lectures, Mykelle Rulloda for
supplementing and constructively commenting on the initial drafts, and most of all to the person who
inspired me in this endeavor and beyond. Lastly, to all the triumphant and vindicated students in
Remedial law 2 who came before us and who will come after, your resiliency knows no bounds, thank
you for motivating this undertaking. Impossibility is but a perspective, it can be done.
2.) use of deposition before action or -examination of defense witness. (sec13,
pending appeal (sec. 24, ROC) R119)
3.) Interrogatories to parties (sec. 25, ROC) -examination of prosecution witness (sec.
note: unless thereafter allowed or for good 15, R119)
cause shown and to prevent a failure of
justice, a party not served with written -production or inspection of material
interrogatories may not be compelled by
evidence in possession of prosecution (sec.
the adverse party to give testimony in open
court, or to give a deposition pending 10, R116)
appeal.
Remedy against the use of depositions
4.) admission by adverse party (sec. 26,
-motion to limit or terminate examination;
ROC) note: unless thereafter allowed or for
good cause shown and to prevent a failure it may be made at any time during the
of justice, a party who fails to file and serve taking of the deposition, on motion or
a request for admission shall not be petition on that ground that it is being
permitted to present evidence on such conducted in bad faith or in a manner to
facts. annoy, embarrass, or oppress the deponent
or party.
5.) production or inspection of documents
or things (sec. 27, ROC)
-motion for order of protection for the
-application for DNA testing before filing of parties and the deponents
the action
Objection in cases of depositions
“this rule shall not preclude a DNA -subject to the provisions of sec 29 of this
testing without need of a prior court order,
rule, objections may be made at the trial or
at the behest of any party, including law
enforcement agencies, before a suit or hearing to receiving in evidence any
proceeding is commenced. (sec. 4, DNA deposition or part thereof for any reason
rules of evidence) which would require the exclusion of the
evidence if the witness were then present
-application for examination of witness for and testifying. (sec. 6 R23)
accused before trial (sec. 12 R119, Revised
Rules of criminal procedure)
Rule 1; what need not be proved Rule on dismissed pleadings
Remedy of a party who gave a judicial -admissions made in pleadings that have
admission been dismissed are merely extrajudicial
admissions. (servicewide specialists inc. vs.
1. in case of a WRITTEN judicial CA)
admission – motion to withdraw the
pleadings, motion or other written Rule on Presumed Identity/Processual
instrument containing such Presumption
admission
2. in case of ORAL judicial admission – -in the absence of proof, the foreign law will
counsel in open court may move for be presumed to be the same as the laws of
the exclusion of such admission the jurisdiction hearing the case.
Rule 130, Rules on Admissibility

note: judicial admission may be
contradicted only by showing that it was Remedy in case incompetent evidence
made through palpable mistake or that was erroneously received by the court
no such admission was made. despite objections by a party
Remedy of the person making an implied -contradict such evidence by similar

admission improper evidence. (this is in consonance
with the principle on curative
-a party making an implied admission can admissibility.)
file before the court a Motion to be relieved
of implied admission (p. 96, Evidence a Chain of custody rule
compendium for the bar and bench, Dean
-chain of custody is the duly recorded
Ferdinand Tan)
authorized movements and custody of
Remedy of the plaintiff in case adverse seized drugs or controlled chemicals or
party made judicial admissions plant sources of dangerous drugs or
laboratory equipment of each stage, from
-motion for judgment on the pleadings the time of seizure/confiscation to receipt
in the forensic laboratory to safekeeping
and presentation in court for destruction
(Peeple vs Alivio, GR. No. 177771, May 30,
2011)
Exception to the strict compliance with the Parol Evidence Rule
chain of custody:
Parol evidence - oral or verbal evidence
-non-compliance with the procedure shall that which is given by word of mouth; the
not render void and invalid the seizure and ordinary kind of evidence, given by
custody of the drugs only when: 1. Such witnesses in court. In particular sense, and
non-compliance is attended by justifiable with reference to contracts, deeds, wills,
grounds; and 2. The integrity and and other writings, parol evidence is the
evidentiary value of the seized items are same as extraneous evidence or evidence
properly preserved. (people vs Dela cruz alliunde.
570 SCRA 270)
Parol evidence rule – provides that when
Best evidence rule the terms of an agreement have been
reduced to writing, it is considered as
When the subject of the inquiry is the
containing all the terms agreed upon and
contents of the document, no evidence
there can be between the parties and their
shall be admissible other than the original
successors in interest, no evidence of such
document itself.
terms other than the contents of the
Requirements for a parole evidence rule to written agreement.
apply:
Remedy in order a party may present
1. there must be a valid contract or evidence to modify, explain, or add to the
agreement terms of the written agreement
2. it must be in writing -Put in issue in his pleading the following

matters: a.) an intrinsic ambiguity, mistake,
3. issue is the term of the agreement or imperfection in the written agreement;
b.) failure of the written agreement to
4. there is an issue alleged in the pleading
express the true intent and agreement of
5. existence of contractual relationship the parties thereto; c.) the validity of the
written agreement; and d.) the existence of
6. existence of objection of the terms
other terms agreed to by the parties or
Remedy against the best evidence rule their successors in interest after the
execution of the written agreement.
-lay the basis for the presentation of
secondary evidence
Remedy in case of the existence of a In criminal cases, except those involving
mistake under the parol evidence rule quasi-offenses (criminal negligence) or
those allowed by law to be compromised by
-Reformation of the instrument may be
the accused may be received in evidence as
resorted to when the written instrument’s
an implied admission (sec. 27 R130)
language, owing to mutual mistake, did not
fully or accurately express the agreement of Instances which the law allows criminal
the parties. (Phil. Sugar Estate Devt. Co. vs. cases to be compromised: i. sec 284 of the
Govt. of P.I.) (pg. 159, Dean Tan Evidence NIRC, offer of compromise of internal
Book) revenue taxes not admissible in evidence; ii.
offer of marriage in case of rape; iii. criminal
Survivorship disqualification rule
negligence under art 365 of the RPC; (p.
-parties, or assignors of parties to the case 198, Dean Tan Evidence book) iv.
in whose behalf a case is prosecuted, Compromise of the civil aspect of such
against an executor or administrator or crime.
other representative of such deceased
Good Samaritan Rule
person, or a person of unsound mind, upon
a claim may demand against the estate of -an offer to pay or the payment of medical
such deceased person or against such of hospital or other expenses occasioned by
person of unsound mind, cannot testify as an injury is not admissible in evidence as
death of such deceased person or before proof of civil or criminal liability for the
such person became of unsound mind. (also injury.
known as the dead man’s statute.)
Parental Privilege Rule
Privileged communication rule
-a parent cannot be compelled to testify
-certain individual cannot testify as to any against his child or direct descendants
matter learned in confidence. (see R130, sec
Filial Privilege Rule
24 for the cases covered.)
-a child may not be compelled to testify
Offer of compromise as an available
against his parents or direct ascendants
remedy
Propensity Rule
-in civil cases, an offer of compromise is not
an admission of any liability. And is not GR: evidence that one did or did not do a
admissible in evidence against the offeror certain thing at one time is not admissible
as evidence that he did or did not do the e. common reputation
same or similar thing at another time
f. Res Gestae
EXN: it may be received to prove a specific
g. entries in the ordinary course of business
intent, knowledge, plan, system, scheme,
habit, custom or usage and the like. h. entries in official records
Doctrine of adoptive admission i. commercial lists
-an adoptive admission is a party’s reaction j. learned treatises
to a statement by another person when it is
reasonable to treat the party’s reaction as k. testimony or deposition at a former
an admission of a matter stated or implied proceeding
by the other person.
l. hearsay testimony under the Rules on
Hearsay Rule examination of a child witness
-a witness can testify only to those facts of m. business records as exception to hearsay
his personal knowledge, that is, which are under the rules on electronic evidence
derived from his own perception, except as
Remedy against a testimony on which the
otherwise provided by these rules.
adverse party was not given the right to
Two concepts of hearsay: i. second hand cross examine
information; and ii. testimony given by a
-motion to strike out the answer as it is
witness derived from his personal
hearsay
knowledge but the adverse party is not
given a chance to cross-examine. Remedy in case evidence of a dying
declaration is submitted as evidence
Exceptions to the hearsay rule:
-attack such declaration on the ground that
a. dying declaration
any of the requisites for its admissibility are
b. declaration against interest not present and the same may be
impeached in the same manner as the
c. act or declaration about pedigree testimony of any other witness on the
witness stand. (U.S. vs Castillon; Pp vs.
d. family tradition or reputation regarding
Malacon; Pp vs. amiel) (Pg. 225, Dean Tan
pedigree
Evidence book)
Admissibility of an opinion of a witness may not prove the bad moral
character which is pertinent to the
Opinion – is an informal expression on what
moral trait in the offense charged;
the witness thinks, believes, or infers in
iii. good or bad moral character of
regard to facts in dispute
the offended party may be proved if
GR: not admissible in evidence it tends to establish in any
reasonable degree the improbability
Exceptions: or probability of the offense
charged.
1. opinion of an expert witness;
2. opinion of an ordinary witness with
respect to: i. identity of a person Exceptions to the exception in
about whom he has adequate criminal cases:
knowledge; ii. a handwriting with
which he has sufficient familiarity; 1. proof of the bad character of the
iii. mental sanity of a person with victim in a murder case is not
whom he is sufficiently acquainted; admissible if the crime was
and iv. Impressions on the emotion, committed through treachery and
behavior, condition or appearance premeditation; and
of a person.
2. in the prosecution for rape,
Admissibility of character evidence evidence of complainant’s past
sexual conduct, opinion thereof or
Character evidence – evidence of a person’s his or her reputation shall not be
moral standing in the community based on admitted unless, and only to the
reputation. (p. 253, Dean Tan Evidence extent that the court finds that such
book) evidence is material and relevant to
the case. (San Beda remedial law
GR: character evidence is not admissible
memory aid)
Exceptions:
a. in criminal cases: i. accused may b. In civil cases it is admissible only

prove his good moral character when pertinent to the issue of
which is pertinent to the moral trait character involved in the case ( sec.
involved in the offense charged; ii. 51, R130)
unless in rebuttal, the prosecution
burden of proof in money claims in labor
c. Evidence of good moral character of cases-burden rests on the employer to
a witness is admissible when his prove payment rather than on the
character has been impeached (sec. employer to prove non-payment
14 R132)
burden of proof in claims of overtime pay in
labor cases – lies on the employee
burden of proof in cases of competency test

Rule 131; Burden of proof and
of child witness – lies on the party
presumptions
challenging his competence
Burden of proof
burden of proving authenticity in electronic
-the duty of a party to present evidence on evidence rule – lies on the person seeking
the facts in issue necessary to establish his to prove the authenticity
claim or defense by the amount of evidence
burden of proof lies on the party claiming
required by law.
overtime pay.
Burden of proof in certain cases:
Burden of proof in certiorari actions lies
In civil cases: lies in the party who with the petitioner
substantially asserts the affirmative
cross claimant has burden of proof in a
allegations
cross claim
in criminal cases: the burden of proof lies in
counter-claimant has the burden of proof in
the party prosecution
a counter claim
in any other proceedings – the burden of
third party complainant has the burden of
proof lies on the party who would be
proof in a third party complaint
defeated if no evidence were given on
either side intervenor has burden of proof in a petition
for intervention
examples:
in case of a foreign judgment, the burden
burden of proof in case of illegal dismissal –
lies on the party who alleges such judgment
the burden of proving that the termination
of employment was for a valid or
authorized cause rests on the employer
in illegal recruitment the burden of proof -in forgery cases the quantum is clear,
lies with the prosecution to prove the positive, and convincing evidence
offense charged
-to overcome presumption of partiality of a
Quantum of evidence in certain cases judge
-quantum of evidence in criminal cases is -to prove alleged fraud in land titles
proof beyond reasonable doubt
-annulment or reconveyance of title
Note: same quantum even in case of an
-invocation of the justifying circumstance of
inverted trial
self-defense
-in civil cases it is preponderance of
-to overcome the presumption of due
evidence
execution of a notarized document
Note: quantum of evidence by party who
-as to proof of bad faith for purposes of
filed the action and who contends that it is
claiming moral damages
not a SLAPP
-to overcome the presumption of regularity
In administrative and quasi-judicial cases it
in the performance of official duties
is substantial evidence.
-to burden of proof in seeking confirmation
Note: there are certain judicial cases which
of an imperfect of incomplete title to a
require substantial evidence. ( Writ of
piece of land
amparo cases, writ of habeas data, and
cases of SLAPP, in case of a party seeking a
dismissal)
Rule 132; presentation of evidence
-forgery must be proved by clear and
convincing evidence Impeachment of a witness
-frame–up and extorotion must be proved -impeachment of the witness is the process
by clear and convincing evidence by which the credibility of such witness is
attacked or assailed.
-proof required in bail hearing is clear and
convincing evidence Modes of impeaching the witness
-By contradictory evidence
-by evidence that his general reputation for memory and he knew that it was correctly
truth, honesty or integrity is bad; or recorded
-by evidence that he has made at other Note: the evidence is still testimonial in
times statements inconsistent with his character. The memorandum will not be
present testimony (sec 11, R132) considered as documentary evidence.
Remedy against a witness who has made Rule on revival of past recollection
inconsistent statements
-a witness may also testify from such
-lay the predicate for impeachment of said writing or record, though he retains no
witness by: recollection of the particular acts, if he is
able to swear that the writing or record
a. by confronting him with such statements
correctly stated the transaction when
with the circumstances under which they
made, but such evidence must be received
were made;
with caution
b. by asking him whether he made such
Rule of completeness/Rule of indivisibility
statement;
1. When part of an act, declaration,
c. by giving him the chance to explain the
conversation, writing or record is given in
inconsistency.
evidence by one party, the whole of the
Remedy against attempts to impeach the same subject may be inquired into by the
other
witness
2. When a detached act, declaration,
-rehabilitation of the witness on redirect
conversation, writing or record is given in
examination by questions restoring his
evidence, any other act, declaration,
credibility conversation, writing or record necessary to
its understanding may also be given in
Rule on revival of present memory
evidence
-a witness may be allowed to refresh his
Remedy in order to prevent collusion
memory respecting a fact, by anything
between witnesses who are in attendance
written or recorded by himself or under his
direction at the time when the fact -motion for exclusion and separation of
occurred, or immediately thereafter, or witnesses
later so long as the fact was fresh in his
Authentication and proof of documents being prima facie evidence of the the
execution of the instrument or document
Manner of proving Public documents involved.
1. Proof of official records: 3. public records, kept in the Philippines, of

private documents required by law to be
1.1 if it is a domestic record it may be entered therein
evidenced by:
How proven: such may be proved by the
a. official publication thereof; or original record, or a copy thereof, attested
by the legal custodian of the record, with an
b. by a copy attested by the officer having appropriate certificate that such officer has
the legal custody of the record, or by his the custody.
deputy, with a certification that he has the
custody thereof. Proof of lack of record: A written statement
signed by an officer having the custody of
1.2 if it is a foreign record, it may be an official record or by his deputy that after
evidenced by: diligent search no record or entry of a
specified tenor is found to exist in the
a. an official publication; or records of his office, accompanied by a
certificate as above provided, is admissible
b. a copy attested by the officer having the as evidence that the records of his office
legal custody of the record, or by his contain no such record or entry
deputy, and accompanied with a certificate
that such officer has the custody, which Rule on irremovability of record
may be made by secretary of the embassy
or legation, consul general, consul, vice -Any public record, an official copy of which
consul, or consular agent or by any officer is admissible in evidence, must not be
in the foreign service of the Philippines removed from the office in which it is kept,
stationed in the foreign country in which EXCEPT upon order of a court where the
the record is kept, and authenticated by the inspection of the record is essential to the
seal of his office just determination of a pending case.
2. Notarial documents except last wills and Manner of proving Private Documents
testaments
- Before any private document offered as
How proven: Notarial documents may be authentic is received in evidence, its due
presented in evidence without further execution and authenticity must be proved
proof, the certificate of acknowledgement either:
(a) By anyone who saw the a. any witness who believes it to be the
document executed or written; or handwriting of such person because he has
seen the person write, or has seen writing
(b) By evidence of the genuineness purporting to be his upon which the witness
of the signature or handwriting of has acted or been charged and has thus
the maker. acquired knowledge of the handwriting of
such person.
Any other private document need only be
identified as that which it is claimed to be b. by a comparison, made by the witness or
the court, with writings admitted or treated
Ancient Document Rule as genuine by the party against whom the
evidence is offered, or proved to be
-no other evidence of authenticity of a genuine to the satisfaction of the judge.
private document is necessary:
Proving the lost or destruction of a will
a. Where a private document is more than
thirty years old; a. The validity and due execution of
the same be established;
b. produced from the custody in which it
b. The will is proved to be in
would naturally be found if genuine; and
existence at the time of the
c. unblemished by any alterations or death of the testator;
circumstances of suspicion. c. It is shown to have been
fraudulently or accidentally
Proof needed to prove the genuineness of destroyed in the lifetime of the
a handwriting
testator without his knowledge;
1. testimony of purported writer; d. Its provisions must be distinctly
proved by at least two credible
2. the testimony of a witness who has seen witnesses; and
the writer write his name or actually make e. When a lost will is proved, the
the writing whether the witness attested to provisions thereof must be
the instrument or not; and
distinctly stated and certified by
3. the testimony of a witness who is familiar the judge, under the seal of the
with the handwriting. Thus under this rule, court, and the certificate must
the genuineness of handwriting may be be filed and recorded as other
proved by: wills are filed and recorded
Impeaching judicial records Remedy in case of alterations in the
document
-Any judicial record may be impeached by
evidence of: The party producing a document as genuine
which has been altered and appears to have
(a) want of jurisdiction in the court or been altered after its execution, in a part
judicial officer, material to the question in dispute, must
account for the alteration. He may show
(b) collusion between the parties, or that:
(c) fraud in the party offering the record, in 1. the alteration was made by another,
respect to the proceedings without his concurrence; or
Rule on the effects of a foreign judgment 2. was made with the consent of the parties
affected by it; or
-the effect of a judgment or final order of a
tribunal of a foreign country, having 3. was otherwise properly or innocent
jurisdiction to render the judgment or final made; or
order is as follows:
4. that the alteration did not change the
a. in case of a judgment or final order upon meaning or language of the instrument.
a specific thing, the judgment or final order
is conclusive upon the title of the thing; and If he fails to do that, the document shall not
be admissible in evidence
b. in case of a judgment or final order
against a person, the judgment or final Rules on offer of evidence
order is presumptive evidence of the right
as between the parties and their successors -the court shall consider no evidence which
in interest by subsequent title. has not been formally offered. The purpose
for which the evidence is offered must be
Remedy to attack a foreign judgment specified. (sec. 34, R132)
-the judgment or final order may be -When to make an offer of evidence?
repelled by evidence of want of jurisdiction,
want of notice, collusion, fraud, or clear i. As regards the testimony of a witness, the
mistake of law or fact offer must be made at the time the witness
is called to testify.
.
ii. Documentary and object evidence shall ii. objections to a question propounded in
be offered after the presentation of a the course of the oral examination of a
party’s testimonial evidence. witness shall be made as soon as the
grounds therefor shall become reasonably
Offer shall be done orally unless allowed by
apparent.
the court to be done In writing. (sec. 35,
R132) iii. an offer of evidence in writing shall be
objected to within 3 days after the notice of
the offers unless a different period is
Offer of Evidence under A.M. 11-6-10 SC, allowed by the court;
Re: guidelines for litigation in Quezon City
iv. in any case, the grounds for the
Trial Courts
objection must be specified.
-the offer of evidence, the comment
thereon, and the ruling shall be made
orally. A party is required to make his oral Specified grounds of objections relied upon
offer of evidence on the same date of the
-irrelevant and immaterial evidence
presentation of his last witness, and the
opposing party is required to immediately -incompetent evidence
interpose his objections thereto.
Thereafter, the judge shall make the ruling -opinion of witness
on the offer of evidence in open court. (sec
-leading question
6. A.M. 11-6-10 SC)
-misleading question
-compound question
Rules on objection
-general question
How to make an objection?
-question calling for a narration
-objections under the rules shall be made as
follows, to wit: -vague question
i. objections to evidence offered orally must -hypothetical question

be made immediately after the offer is
-embarrassing question
made;
-question on admitted matter -bring such matter to the attention of the
court, failing in which the case cannot be
-question already answered
reopened for a new trial on that ground.
-hearsay evidence (people v singh, et al.)
-parol evidence Remedy in case of insufficiency of evidence
-privileged communication -Demurrer to evidence
-lack of basis Remedy in case a witness answers a

question before the adverse party had the
-self incriminating question opportunity to voice fully his objection
-argumentative or harassing question -when the objection is meritorious, the
court shall sustain the objection and order
-illegally obtained evidence
the answer given to be stricken off the
-disqualification by reason of spousal record.
immunity
Remedy in case a witness gives answers
-disqualification by reason of dead man’s which are incompetent, irrelevant or
statute otherwise improper
-parental and filial privilege -motion to strike out answer
-general or broadside objection (pg. 424, Remedy against unresponsive answers

Dean Tan book on evidence)
-motion to strike out answer
Remedy in case the questions propounded
Remedy against uncompleted testimonies
are of the same class as those to which
where there was no opportunity to for the
objection has been made
other party to cross examine-
-adverse party must put into record his
-motion to strike out answer
continuing objection to such class of
questions (sec. 37, R132) Remedy against conditionally admitted
evidence not later substantiated
Remedy in case of failure of the court to
make a ruling on an objection -motion to strike out answer
Remedy in case documents or things Electronic document
offered in evidence are excluded by the
court -refers to information or the representation
of information, data, figures, symbols, or
-tender of excluded evidence shall be made other modes of written expression,
as follows: i. if documents or things offered described or however represented, by
are excluded, the offeror may have the which a fact may be proved and affirmed,
same attached to or made part of the which is received, recorded, transmitted,
record; ii. if the evidence excluded is oral, stored, processed, retrieved, or produced
the offeror may state for the record the electronically. It includes digitally signed
name and other personal circumstances of documents, and any printout readable by
the witness and the substance of the sight or other means, which accurately
proposed testimony. reflects the electronic data message or
electronic document. For purposes of these
Requisites for circumstantial evidence to
Rules, the term electronic document may
sustain conviction
be used interchangeably with electronic
1. there is more than one circumstance; data message.
2. the facts from which the inference are Best Evidence Rule
derived are proven; and
-an electronic document shall be regarded
3. the combination of all the circumstance is as the equivalent of an original document
such as to produce a conviction beyond under the Best Evidence Rule if it is a
reasonable ground printout or output readable by sight or
other means, shown to reflect the data
accurately
Rules on Electronic Evidence
Copies as equivalent to the originals
Cases covered
1. When a document is in two or more
-these rules shall apply to all civil actions copies executed at or about the same time
and proceedings, as well as quasi-judicial with identical contents; or
and administrative cases
2. a counterpart produced by the same
impression as the original, or
3. from the same matrix, or for authentication of electronic documents
were applied to the document; or
4. by mechanical or electronic re-recording,
or (c) by other evidence showing its integrity
and reliability to the satisfaction of the
5. by chemical reproduction, or judge
6. by other equivalent techniques which Proof of electronically notarized

accurately reproduces the original, such documents
copies or duplicates shall be regarded as
-A document electronically notarized in
the equivalent of the original. accordance with the rules promulgated by
the Supreme Court shall be considered as a
Note: copies or duplicates shall not be public document and proved as a notarial
admissible to the same extent as the document under the Rules of Court.
original if:
Authentication of electronic signatures
(a) a genuine question is raised as to the
authenticity of the original; or An electronic signature may be
authenticated in any of the following
(b) in the circumstances it would be unjust manner:
or inequitable to admit the copy in lieu of
the original. (a) By evidence that a method or process
was utilized to establish a digital signature
Authentication of electronic documents and verify the same;
Manner of authentication - before any (b) By any other means provided by law; or
private electronic document offered as
authentic is received in evidence, its (c) By any other means satisfactory to the
authenticity must be proved by any of the judge as establishing the genuineness of
following means: the electronic signature.
(a) by evidence that it had been digitally Exception to the hearsay rule under the
signed by the person purported to have electronic rules of evidence
signed the same;
-A memorandum, report, record or data
(b) by evidence that other appropriate compilation of acts, events, conditions,
security procedures or devices as may be opinions, or diagnoses, made by electronic,
authorized by the Supreme Court or by law optical or other similar means at or near the
time of or from transmission or supply of Standards for application. - In applying the
information by a person with knowledge precautionary principle, the following
thereof, and kept in the regular course or factors, among others, may be considered:
(1) threats to human life or health; (2)
conduct of a business activity, and such was
inequity to present or future generations;
the regular practice to make the or (3) prejudice to the environment without
memorandum, report, record, or data legal consideration of the environmental
compilation by electronic, optical or similar rights of those affected.
means, all of which are shown by the
testimony of the custodian or other DOCUMENTARY EVIDENCE
qualified witnesses, is excepted from the
Photographic, video and similar evidence. -
rule on hearsay evidence. Photographs, videos and similar evidence of
events, acts, transactions of wildlife, wildlife
Remedy to overcome the presumption
by-products or derivatives, forest products
or mineral resources subject of a case shall
-by evidence of the untrustworthiness of be admissible when authenticated by the
the source of information or the method or person who took the same, by some other
circumstances of the preparation, person present when said evidence was
transmission or storage thereof taken, or by any other person competent to
testify on the accuracy thereof.
Entries in official records. - Entries in official

Rules on evidence under the records made in the performance of his
Environmental Rules of Procedure duty by a public officer of the Philippines, or
by a person in performance of a duty
Precautionary principle specially enjoined by law, are prima facie
evidence of the facts therein stated.
-When there is a lack of full scientific
certainty in establishing a causal link
between human activity and environmental
effect, the court shall apply the Rules on DNA Evidence Remedies
precautionary principle in resolving the case
before it. Scope of the Rules
The constitutional right of the people to a -this rule shall apply whenever DNA
balanced and healthful ecology shall be evidence is offered, used or proposed to be
given the benefit of the doubt. offered or used as evidence in all criminal,
and civil actions as well as special Remedy in case of issuance of a DNA
proceedings. testing order
Remedy in case of available DNA evidence -motion for reconsideration
-Application for DNA testing order by any -if denied, certiorari under R65, since order
person who has legal interest in the matter is immediately executory and not
in litigation, by a showing of the following: appealable.
1. a biological sample exists that has Note: any petition for certiorari initiated
relevance to the case; there from shall not, in any way stay the
implementation thereof, unless a higher
2. the biological sample: court issues an injunctive order. (sec. 5, c.
rules of DNA evidence)
i. was not previously subjected to the DNA
testing requested or Remedies in case of refusal to comply for
DNA testing
ii. if it was subjected to DNA testing, the
results may require confirmation for good a. enter a default judgment at the
reasons request of the appropriate party;
b. if a trial is held, allow the disclosure
3. The DNA testing uses a scientifically
of the fact of the refusal unless good
valid technique;
cause is shown for not disclosing the
4. The DNA testing has the scientific
fact of refusal. (sec. 6 Rules on DNA
potential to produce new information
Evidence) (arnel l. agustin vs. hon.
that is relevant to the proper
Court of appeals and minor martin
resolution of the case; and
jose prollamante, represented by jis
5. The existence of other factors, if any,
mother /guardian fe angela
which the court may consider as
prollomante) (p. 122, Evidence a
potentially affecting the accuracy and
compendium for the bar and bench,
integrity of the DNA testing. (sec. 4,
Dean Ferdinand Tan)
DNA rules of evidence)
Remedy of post-conviction DNA testing Child Witness Examination Rule
-it is available without need of prior Scope of the rules

court order, to the prosecution or any
-this rule shall govern the examination of
person convicted by final and executory
child witnesses who are victims of crime,
judgement provided that (a) a biological
accused of a crime, and witnesses to a
sample exists, (b) such sample is
crime. It shall apply to all criminal and non-
relevant to the case, and (c) the testing
criminal proceedings involving child
would probably result in the reversal or
witnesses.
modification of the judgment of
conviction. (sec. 6, DNA rules of
evidence)
Remedy in order to rebut the presumption
of competency of a child witness
Remedy in case of favorable post- -competency examination shall be
conviction DNA testing conducted by the court motu propio or on
motion of a party, when it finds that
-the convict or the prosecution may file
substantial doubt exists regarding the
a petition for a writ of habeas corpus in
ability of the child to perceive, remember,
the court of origin if the results of the
communicate, distinguish truth from
post-conviction DNA testing are
falsehood or appreciate the duty to tell the
favorable to the convict. (sec. 10)
truth in court. (Sec. 6, Child witness
Note: a similar petition may be filed examination rule)
either in the CA or the SC, or with any
member of said court.
Rights and privileges of a child witness
Remedy against unlawful disclosure DNA
under the child witness examination rule
profiles, results and information
1. Right to be assisted by an
-indirect contempt
interpreter – when a child does not
Remedy to allow the disclosure of DNA understand the English or Filipino
profiles, results, and information language or is unable to
communicate in said languages due
-written verified request to the court
to his developmental level, fear,
shyness, disability, or other similar 5. Right to have a comfortable
reason, an interpreter whom the courtroom environment for the child
child can understand and who witness (sec. 13)
understands the child may be 6. Right to receive give testimony
appointed by the court, motu propio during appropriate hours (sec. 14)
or upon motion, to interpret for the 7. Right to have recess during
child. (Sec 9, Child witness testimony (sec. 15)
examination rule) 8. Right to testimonial facts (sec 16)
2. Right to be assisted by a facilitator – 9. Right to use emotional security item
the court may motu propio or upon (sec. 17)
motion, appoint a facilitator if it 10. Prohibition on approaching the child
determines that the child is unable witness. (sec. 18)
to understand or respond to the 11. Application for live-link television
questions asked. The facilitator may testimony in criminal cases where the
be a child psychologist, psychiatrist, child is a victim or a witness (sec. 24)
social worker, guidance counsellor, Note: the application for the order shall
teacher religious leader, parent or be a least 5 days before the trial date.
relative. (sec. 10) 12. Application for order that the chair of
3. Right to support persons – a child the child or that a screen or other
testifying at a judicial proceeding or device be placed in the court room in
making a deposition shall have the such a manner that the child cannot see
right to be accompanied by one or the accused while testifying. ( sec 26)
two persons of his own choosing to 13. Application by the prosecutor, counsel,
provide him emotional support. ( sec or guardian ad litem for order that a
11) disposition be taken of the testimony of
4. Right to have a waiting area for the the child and that ir be recorded and
child – the courts are encouraged to preserved on video tape. (sec. 28)
provide a waiting area for children
Remedy in case hearsay testimony of a
that is separate from waiting areas
child describing any act or attempted act
used by other persons. The waiting
of child abuse is presented as evidence
area for children should be
furnished so as to make a child -Motion by the adverse party to require the
comfortable. (sec. 12) child to be present ar the presentation of
the hearsay statement for cross
examination by the adverse party. (sec. 28, b. serve motion on all parties and guardinas
child witness examination rule) ad litem at least 3 days before the hearing
of the motion.
Sexual abuse shield rule
2. before admitting such evidence, the
Inadmissible evidence in any criminal
court must conduct a hearing in chambers
proceeding involved in alleged sexual child
and afford the child, his guardian ad litem,
abuse:
the parties, and their counsel a right to
(1) evidence offered to prove the alleged attend and be heard. The motion and the
victim engaged in other sexual behavior record of the hearing must be sealed and
and; and remain under seal and protected by a
protective order. The child shall not be
(2) evidence offered to prove the sexual required to testify at the hearing in
predisposition of the alleged victim. chambers except with his consent.
Instances when admissible as evidence
-evidence of specific instance of sexual Remedies under the judicial affidavit rule
behavior by the alleged victim to prove that
a person other than the accused was the Remedy in case counsel submits a false
source of semen, injury or other physical attestation in a judicial affidavit
evidence shall be admissible. ( sec. 30 Child
-a false attestation by the lawyer is cause
witness examination rule)
for disciplinary action, including
How such evidence is admitted: disbarment. (sec. 4, judicial affidavit rule)
1. a party intending to offer such as Rules on offer and objection of exhibits

evidence must:
-upon the termination of the testimony of
a. file a written motion at last 15 days his last witness, a party shall:
before trial, specifically describing the
1. immediately make an oral offer of
evidence and stating the purpose for which
evidence of his documentary or object
it is offred, unless the court for good cause,
exhibits, piece by piece, in their
requires a different time for filing or
chronological order, stating the purpose or
permits filing during trial; and
purposes for which the offer was made;
2. after each piece of exhibit is offered, the compliant replacement affidavits before the
adverse party shall state the legal ground hearing or trial provided the delay is for a
for his objection, if any, to its admission, valid reason, it would not unduly prejudice
and the court shall immediately make its the opposing party, and that the public or
ruling respecting the exhibit. private counsel responsible for their
preparation and submission pays a fine of
3. since the documentary or object exhibits not less than P 1000 nor more than P5000,
form part of the judicial affidavits that at the discretion of the court.
describe and authenticate them, it is
sufficient that such exhibits are simply cited
by their markings during the offers, the
-end-
objections , and the rulings, dispensing with
the description of each exhibit. (sec 8.)
Remedy in case a party fails to submit the

required judicial affidavit and exhibits on
time
-the party may be allowed by the court only

once to belatedly submit his affidavits and
exhibits upon a showing that the delay is for
a valid reason, it would not unduly
prejudice the opposing party, and that the
defaulting party pays a fine of not less than
P 1000 nor more than P5000, at the
discretion of the court.
Remedy in case the judicial affidavit does

not conform to the content and attestation
requirements under sec. 3 and 4 of said
rules.
-the party may be allowed by the court only

once the subsequent submission of the

Summary of Remedies and Rules in Evidence 1

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Revised Rules of Evidence public or private corporation,

partnership, or association which is

Rule 130, Rules on Admissibility

Remedy of the person making an implied -contradict such evidence by similar

2. it must be in writing -Put in issue in his pleading the following

a. in criminal cases: i. accused may b. In civil cases it is admissible only

burden of proof in cases of competency test

-By contradictory evidence

1. Proof of official records: 3. public records, kept in the Philippines, of

i. objections to evidence offered orally must -hypothetical question

-parol evidence Remedy in case of insufficiency of evidence

-privileged communication -Demurrer to evidence

-lack of basis Remedy in case a witness answers a

-parental and filial privilege -motion to strike out answer

-general or broadside objection (pg. 424, Remedy against unresponsive answers

6. by other equivalent techniques which Proof of electronically notarized

Entries in official records. - Entries in official

Remedy in case of available DNA evidence -motion for reconsideration

-it is available without need of prior Scope of the rules

1. a party intending to offer such as Rules on offer and objection of exhibits

Remedy in case a party fails to submit the

-the party may be allowed by the court only

Remedy in case the judicial affidavit does

-the party may be allowed by the court only

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