Professional Documents
Culture Documents
RIANO BOOK
BASIC PRINCIPLES
• EVIDENCE - The means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
RULE OF UNIFORMITY - Rules on evidence shall be the same in all courts and all trials and hearings
- There is a need to present evidence when the court has to resolve a question of fact.
- Rules on Electronic evidence applies to Civil, criminal, quasi judicial and administrative cases
An offer of compromise is not an admission of Except in Quasi offenses or those allowed by law
liability and is not admissible in evidence to be compromised, An offer of compromise may
against the offeror be received in evidence as implied admission of
guilt
Evidence of moral character of a party is Not allowed to prove the bad moral character of
admissible as long as it is pertinent to issue of the accused even if it is pertinent to the moral trait
character involved in the case involved.
- Matters of judicial notice, conclusive presumptions and judicial admissions are not factum
probandum because there is no need to establish the same
- Factum Probandum in civil case refers to the elements of a cause of action
- Mere filing of the complaint does not give rise to a factum probandum
- When the defendant files an answer and makes no specific denial, no factum probandum
- In criminal cases, Factum probandum arises only when the accused enters a plea of not
guilty
- In every prosecution of Illegal sale of drugs, the presentation of the drugs as evidence is
material because the identity of the seized drugs should be established beyond reasonable
doubt
- Rules on Evid may be waived. If not objected, the evidence becomes admissible because of
waiver.
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ADMISSIBILITY OF EVIDENCE
Elements of admissibility:
1. Relevant (Relevance)
2. Not excluded by the rules (Competence)
- Upon a timely objection, Oral evidence will be excluded to prove a contract of sale of a
parcel of land which does not conform with Statute of frauds.
Relevant Evidence - must have such relation to the fact in issue as to induce belief in its
existence or non existence.
Collateral Matters - connotes an absence of a direct connection between the evidence and
the matter in a dispute. It is generally not allowed.
Exceptions: It may be admitted if it has the tendency to induce belief as to the
probability or improbability of the issues of the case as when it would have the effect of
corroborating or supplementing facts previously established by direct evidence.
Competent Evidence - on one that is not excluded by the rules in a particular case.
- It is a matter of rule or law
- For witnesses, Competence is the qualifications of the witness
- Objecting on the ground that it is INCOMPETENT is a general objection. It is not allowed.
- The objection shall specifically specify the incompetence such as leading or hearsay
- An evidence may be admissible but its evidentiary weight depends on judicial evaluation
- Weight pertains to its tendency to convince and persuade
Conditional Admissibility - Relevance of the piece of evidence is not apparent at the time that it
is offered, but the relevance of which will readily be seen when connected to other pieces of
evince not yet offered.
- Prove admissibility at a later time
Direct Evidence - proves a fact without the need to make an inference from another fact.
Circumstantial evidence or indirect evidence - that evidence which indirectly proves a fact in
issue through an inference which the fact finder draws from the evidence established.
- When finger prints were found in the crime scene - circumstantial evidence
- Conviction if possible if the established circumstances constitute an unbroken chain consistent
with each other and to the hypotheses that he accused is guilty
Cumulative Evidence - evidence of the same kind and character as that already given which
tends to prove the same proposition.
Corroborative Evidence - One that is supplementary to that already given tending to strengthen
or confirm it. it is additional evince of a different character to the same point.
- Testimony of a sole witness is sufficient to support a conviction so long as it is clear,
straightforward and worthy of credence
- Corroborative evidence is necessary only when there are reasons to suspect that the witness
falsified the truth or that his observations are inaccurate.
- Corroboration shall not be required of a testimony of a child
Positive Evidence - when a witness affirms in the stand that a certain state of facts foes exists or
that a certain event happened.
Negative Evidence - when the witness states that an event did not occur to that the state of
facts alleged to exist does not actually exists.
- Negative finding in a paraffin test is not a conclusive evidence that one has not fired a gun
because it is possible for a person to fire a gun and yet bear no traces of nitrates or gun
powder as when the culprit washes his hands or wears gloves.
- Defense of denial is viewed with disfavor for being inherently weak. It cannot prevail over the
positive and credible testimony of prosecution witnesses.
- Greater weight is given to the positive identification of the accused by the prosecution
witnesses than the accused’s denial.
- Denial as a defense can only prosper when substantiated with clear and convincing
evidence
Credibility - worthiness of belief that quality which renders a witness worthy of belief.
ALIBI
- Inherently weak and shall be rejected when the identity of the accused is satisfactorily and
categorically established by the eyewitnesses of the offense.
- Positive identification prevails over alibi
- Alibi may serve as a basis for acquittal if it can really be shown by clear and convincing
evidence that it was indeed physically impossible for the accused to be at the scene of the
crime at the time of its commission.
PHYSICAL IMPOSSIBILITY - Distance and facility of access between the situs criminal and the
location of the accused when the crime is committed.
- It is not physically impossible to go to Cebu if you are in QC.
- Delayed reporting by witnesses of what they know about the crime does not render their
testimonies false or incredible.
- Flight is not per se synonymous with guilt. However when flight is unexplained it is a
circumstance from which an inference of guilt may be drawn.
- Non flight does not signify innocence.
Burden of Proof / Onus Probandi - the obligation of a party to a litigation to persuade the court
that he is entitled to relief.
Burden of proof is the duty of a party to present evidence on the facts in issue necessary to
establish his claims or defense by the amount of evidence required by law.
1. Proof Beyond Reasonable Doubt - Degree of proof that after investigation of the whole
record, produces moral certainty in an unprejudiced mind of the accused’s culpability.
2. Clear and Convincing Evidence - produces in the mind of the trier of fact a firm belief or
conviction as to allegations sought to be established.
- It is in the more than preponderance but less than proof beyond reasonable doubt.
1. Granting bail in Extradition cases
2. Once an accused in a prosecution for murder or homicide admitted his infliction of the
fatal injuries, he assumed the burden to prove by clear, satisfactory and convincing
evidence the justifying circumstance that would avoid is liability
3. Preponderance of Evidence - The evidence adduced by one side as a whole is superior to
that of the other side. - FOR CIVIL CASES
4. Substantial Evidence - The amount of relevant evidence which a reasonable mind might
accept as adequate to justify conclusion. For administrative cases, Quasi judicial bodies
Termination cases, agrarian cases, Writ of Amparo
- The test for determining where the burden of proof lies is to ask which party to an action or suit
will fail if he offers no evidence competent to show the facts averred as the basis for the relief
he seeks to obtain.
Burden of evidence - duty of a party to go forward with the evidence to overthrow the prima
facie evidence against him.
Equipoise Doctrine - where the evidence of the parties is evenly balanced, or there is doubt on
which side the evidence preponderates, the decision should be against the party with the
burden of proof.
- In civil cases, where the burden of proof is on the plaintiff and the evidence does not suggest
that the scale of justice should weigh in his favor, the court should render a verdict for the
defendant.
- In Criminal cases - If evenly balanced, The constitutional presumption of innocence of the
accused shall be favored.
4. Familiarity of the witness or person who made the entry with the communication and
information system
5. Nature and quality of information which went into the communication and information
system.
6. Other factors.
B. PRESUMPTIONS:
Presumption - an assumption of fact resulting from a rule of law which requires such fact to be
assumed from another fact or group of facts found or otherwise established in the action.
- It is also an inference of the existence or non existence of a fact which courts are permitted to
draw from proof of other facts. It is mandatory unless rebutted.
KINDS OF PRESUMPTIONS:
Conclusive Presumption or Irrebuttable (Presumption juris et de jure): Inferences which the law
make so preemptory that it will not allow them to be overturned by the contrary proof however
strong.
- Doctrine of Estoppel - The person making the representation cannot claim benefit from the
wrong he himself committed.
- Estoppel in Pais & Estoppel by deed
- Criminal cases are independent with administrative cases. Absolution from a criminal charge is
not a bar to an administrative prosecution or vice versa.
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CHAPTER 3: JUDICIAL NOTICE AND JUDICIAL ADMISSIONS
A. Judicial Notice
- What is known need not be proved. The court may dispense with the presentation of
evidence on judicially cognizable facts.
1. WHEN MANDATORY
- No meeting or hearing is necessary for the court to take judicial notice of such matter
because it is what it says it is.
- SC: Lower courts shall take judicial notice of the fact that congress and SC have both officially
recognized UP’s indefeasible title to its landholdings.
2. WHEN DISCRETIONARY
- The court may take judicial notice of matters which are of
1. public knowledge
2. Capable of unquestionable demonstration
3. Ought to be known to judges because of their judicial functions
- Judicial notice is limited to facts evidenced by public records and of general notoriety
- Judicial notice is not judicial knowledge. the mere personal knowledge of the judge is not the
judicial knowledge of the court.
- The court can take judicial notice of a fact during or after trial.
- DURING TRIAL - May announce its intention to take judicial notice of any matter. On its own
initiative or the initiative if any party
- AFTER TRIAL & BEFORE JUDGMENT - May be taken on appeal.
- Our courts cannot take judicial notice of foreign laws. They must be alleged and proved.
Doctrine of Processual Presumption - In the absence of proof, the foreign law will be presumed
to be the same as the laws of the jurisdiction hearing the case.
- Where the foreign law is within the actual knowledge of the court, such as it is generally well
known, and none of the parties claim otherwise, the court may take judicial notice.
- While courts may take judicial notice of its own acts and records IN THE SAME CASE, the courts
are not authorized to take judicial notice of contents of records of OTHER CASES even when
such cases have been tried or pending in the same court.
- EXCEPTIONS:
1. In the absence of any objection and with the knowledge of the opposing party, the contents
of said other case are clearly referred to by title and number in a pending action and
adopted to and read into the record of the latter.
2. When the original record of the other case or any part of it is actually withdrawn from the
archives at the court’s discretion upon the request or with the consent of the parties and
admitted as part of the record of the pending case.
B. JUDICIAL ADMISSIONS
- An admission, verbal or written, made by a party in the course of the proceedings in
the same case, does not require proof. the admissions may be contradicted only by showing
that it was made through PALPABLE MISTAKE or that no such admission was made.
ELEMENTS:
1. Made by a party to the case.
2. Made in the course of the proceedings in the same case.
3. No form needed
- Admissions in pleadings and motions are judicial admissions. In order for allegations in the
complaints not to be considered as judicial admissions, SPECIFIC DENIAL must be made.
- Admissions of a non party does not fall within this definition
- If made in another proceeding, not judicial admission in the case but merely extrajudicial
admissions
- Pre trial orders are conclusive upon the parties.
- A party may make judicial admission in pleadings, during trial either verbal or written or in
other stages of judicial proceedings.
- Any question as to admissibility of text messages as evidence is rendered moot and academic
if the party raising such issue admits the authorship of the same
- Averments in the pleadings like immaterial allegations, Conclusions of law and unliquidated
damages are not deemed admissions even if a party fails to make specific denial.
- Allegations of usury shall be specifically denied or else deemed admitted.
- Admissions of the accused in pre trial in criminal case must first comply with the requirements
that it must be written and signed by the accused and counsel.
- EXCEPT: STIPULATIONS OF FACTS IN PRE TRIAL. Because it is automatically reduced in writing.
- Admissions obtained through modes of discoveries are also considered judicial admissions.
- Admissions in a superseded pleading (because of amendment) shall be considered as
extrajudicial admissions which must be proven.
- Admissions in pleadings that have been dismissed are merely extrajudicial admissions.
- If the motion to discharge an accused as state witness is denied, his sworn statement,
submitted to support the motion SHALL BE INADMISSIBLE IN EVIDENCE.
- Judicial admissions cannot be contradicted by the admitted who is the party himself and binds
the person who makes the same, absent any showing that this was made through palpable
mistake
Object Evidence - Objects as evidence are those addressed to the senses of the court.
- To authenticate the object, it must be shown that it is the very one involved to prove an issue
- To authenticate an object, there must be someone who should identify the object to be at
the actual thing involved in the litigation
- Court shall not consider evidence that are not formally offered.
- Right against self incrimination cannot be invoked against object evidence because it
involves no TESTIMONIAL COMPULSION.
a. Photographs
b. Motion pictures and recordings - A person must testify that the motion picture accurately
and faithfully represents the place or person it purports to portray.
- In tape recordings, the witness shall identify the speakers, state how he recognizes their voices
and that the recording was not taken in violation of Anti Wiretapping
- Must be authenticated by either:
- Person who made the recording
d. Xray Pictures
e. Scientific tests, demonstrations and experiments
f. Text Messages
- To be proved by the testimony of a person who was a party to the same or has personal
knowledge of them.
An inspection or view outside the courtroom should be made in the presence of the parties or at
least with previous notice to them.
Chain of Custody - The duly recorded authorized movements and custody of seized drugs or
controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each
stage from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to
presentation in the court for destruction
PROCESS:
1. The law requires the apprehending team to conduct a physical inventory as well as to
photograph the same done immediately and in the presence of the accused or his
representative or counsel with an elected public official and a representative of NPS or the
media who shall be required to sign.
2. Within 24 hours upon confiscation, the same shall be submitted to PDEA for examination
3. After filing of the criminal case, the court shall within 72 hours conduct an ocular inspection
of the confiscated drug and through the PDEA shall within 24 hours proceed with the
destruction of the same in the presence of the accused or his representative or counsel, a
representative from media and DOJ, Civil society groups and any elected public official.
4. Dangerous drugs board shall then issue a sworn certification as to the fact of destruction
- Testimony about every link in the chain from the moment the item was picked up to the time it
is offered to evidence
- If the forensic chemist is a public officer, he need not to testify. Chemist report is a public
document. It is admissible in evidence without further proof of its due execution.
Marking - Placing by the apprehending officer or the poser buyer of his or her initials and
signature on the items seized.
- Failure of the authorities to immediately mark the seized drugs would cast reasonable doubt
on the authenticity of the corpus delicti.
- A person who has legal interest in the litigation may file an application for DNA Testing before
the appropriate court any time
- The court may motu proprio order a DNA Testing
- An order granting DNA Testing is not appealable.
- A person already been convicted under final judgment may still avail of DNA Testing provided
that:
- Biological Sample exists
- Sample is relevant to the case
- Testifying would probably result to the modification of judgment
- The the result of Post DNA is favorable to the convict, he may file a petition for writ of habeas
corpus. The court shall then conduct a hearing. If meritorious, it shall modify the judgment
- It may be filed in the court of origin or in CA or SC.
- Habeas corpus may also be filed by the prosecution
- DNA profiles are confidential in nature
- Any person who discloses shall be subject to indirect contempt
Lie detector test - Court rejects this because it has not yet attained scientific acceptance as
reliable and accurate means of ascertaining the truth
B. DOCUMENTARY EVIDENCE
- any other material like objects as long as it contains letters, words, numbers, figures,
symbols or other modes of written expression and offered as a proof of their contents.
- Whenever a rule of evidence refers to the term of writing, document, record, instrument,
memorandum or any other form of writing, such term shall be deemed to include an
electronic document.
- Rules on Electronic evidence shall be applied suppletorily to the Rules on Evidence
- The person seeking to introduce an electronic document in any legal proceeding has the
burden of proving its authenticity
- If Electronic document is offered simply for wha it is or for what it is claimed to be without
regard to authenticity, Such rule will not be applied
- A document electronically notarized in accordance with the rules shall be considered as
public document and proved as a notarial document under the Rules of court.
Collateral Document: when the purpose of introducing the document is not to establish its terms
but to show facts that have no reference to its contents like its existence, condition, execution or
delivery. BER SHALL NOT APPLY
- So long as the original is available, no other evidence can be substituted for the original
because the original is the best evidence and not mere photocopies.
Secondary Evidence: Evidence other than the original instrument or document itself.
- Admissible if falls under any of the exceptions under BER
3. Testimony of witnesses.
- While marriage certificate is considered the primary evidence of a marital union, it is not
regarded as the sole and exclusive evidence of marriage. Fact of marriage may be proven as
relevant evidence other than marriage certificate.
- Notice may be in a form of motion or made in open court or even via subpoena
Original of document -
a. One the contents of which are subject of inquiry
b. When a document is in two or more copies executed at or about the same time, with
identical contents, all such copies are equally regraded as originals.
c. When an entry is repeated in a regular course of business, one being copied from another at
or near the time of the transaction, all the entries are likewise regarded as originals.
- When a lawyer writes a pleading in two or more copies which are executed at the same time,
with identical contents, each document is regarded as the original
- Each newspaper sold in the stand is an original in itself
- Copies made with carbon paper are all regarded as original
- Original refers to original documentary evidence
The copies or duplicate shall not be admissible to the same extent as the original if:
a. A genuine question is raised as to the authenticity of the original
b. In the circumstances it would be unjust or inequitable to admit a copy in lieu of the original.
- Electronic data does int include facsimile transmission and cannot be considered as
electronic evidence.
- Applies only to contracts which the parties have decided to set forth in writing
- Parole Evidence Rule will not apply when agreement is merely oral.
- When the terms of an agreement have been reduced to writing.
- PER forbids any addition to or contradiction of, the terms of a written agreement by testimony
or other evidence.
- Not all documents in writing triggers the application of PER. The writing must embody an
agreement.
- Except WILLS. It does not embody any agreement but PER is applicable.
- No prescribed form for PER to apply. It may be a public or private written instrument
- It need not to be signed by the parties for PER to apply
- ONLY THE PARTIES AND THEIR SUCCESSORS IN INTERESTS ARE BOUND BY IT. Not applied to those
people who are not parties of the instrument
- A total stranger to the writing is not bound by its terms and is allowed to introduce extrinsic
or parol evidence
PAROL EVIDENCE MAY BE INTRODUCED WHEN: (needs to put in issue in the pleadings)
1. An intrinsic validity, mistake, or imperfection in the written agreement.
2. The failure of the written agreement to express the true intent and agreement of the parties
thereto.
3. Validity of the written contract
4. Existence of other terms agreed to buy parties or their successors in interest after the
execution of the written agreement.
- Unless duly pleaded, a party will be barred from offering extrinsic evidence over the objection
of the adverse party.
- Subsequent agreements are not barred by parol evidence.
- Parol evidence on subsequent agreements may be admitted.
- Existence of another agreement after the execution of the original written document may
be introduced without first complying with the requirement of putting the subsequent
agreement in issue.
Intrinsic/ Latent Ambiguity - one which is not apparent on the face of the document but which
lies in the person or thing that is the subject of the document or deed. The document is clear on
its face but the matters outside the agreement create the ambiguity
- Extrinsic /Patent ambiguity will not be admitted even if the same is put in issue in the pleading.
- Parol evidence rule may be waived.
- Failure of the instrument to express true intention may also be caused by fraud, inequitable
conduct or accident, ignorance, lack of skill, negligence or bad faith. Not only mistake.
- One of the remedies of the parties is to ask for REFORMATION OF INSTRUMENT.
- The party may introduce parol evidence to show the real intention of the parties.
- If there is NO MEETING OF MINDS, The proper remedy is not reformation but ANNULMENT OF
THE CONTRACT.
- Even if the parol evidence is admitted because of failure to invoke, such admission would not
mean that the court would give probative value to the evidence. Admissibility is not
equivalent to probative value
Not concerned with the primacy of evidence Establishes a preference for the original document
but presupposes that the original is available over secondary evidence
Precludes the admission of other evidence to Precludes the admission of secondary evidence if
prove the terms of a document other than the the original is available
contents of the document itself
Can only be invoked by the parties to such Can be invoked by any litigant to an action
document and their successors in interest. whether or not the said litigant is a party to the
document involved or not
DOCUMENT - Deed, instrument or other duly authorized paper by which something is proved,
evidenced or set forth.
CLASSES OF DOCUMENTS
1. PUBLIC DOCUMENTS
1. Written official acts or records of the official acts of the sovereign authority, official
bodies and tribunal and public officers whether of the PH or of a foreign country,
2. Documents acknowledged before a notary public except last will and testament
3. Public records, kept in the PH, of private documents required by law to be entered
therein.
- Any other private document need only be identified as that which it is claimed to be.
- There is no harm if in a case both the original and photocopy thereof are authenticated.
PRIVATE ANCIENT DOCUMENT - When it is more than 30 years old and is produced from the
custody in which it would naturally be found if genuine and is unblemished by any alterations or
circumstances of suspicion.
- There is no need to prove its genuineness and due execution
- A public document is admissible without further proof of its due execution and authenticity
- A private document requires authentication in the manner allowed by law.
- A chemistry report of a public officer showing positive result of paraffin test is a public
document.
- The person who made the report need not be presented in the court to identify, describe
and testify
- A seat plan prepared by the officers of Civil service commission is a public document
- Every instrument duly acknowledged or proved and certified as provided by law may be
presented in evidence without further proof. The certificate of acknowledgement being prima
facie evidence of the execution of the instrument.
- When a public officer in the performance of his duty makes an entry in the public record, the
document of such entry is deemed prima facie evidence of fact stated in such entry.
- The attestation must be under the official seal of the attesting officer if there be any
- A notary public in a foreign country is not one of those who can issue the certificate of
authentication under the Rules of court. Non compliance with such provision will render the
SPA inadmissible in evidence.
- The argument that lack of consular authentication is a mere technicality is untenable. The
failure to have the SPA authenticated according to rules is not a mere technicality but a
question of jurisdiction.
- Before a foreign judgment is given presumptive evidentiary value, The document must first be
presented and admitted in evidence. DIVORCE DECREE IS THE BEST EVIDENCE
- Such document shall be accompanied by a certificate issued by the proper diplomatic or
consular officer in the PH foreign service stationed in the foreign country in which the record
is kept and authenticated by the seal of his office.
- Church registries are no longer public writings nor are they kept by duly authorized public
officials. They are private writings.
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CHAPTER 5: TESTIMONIAL EVIDENCE
Testimonial or Oral Evidence (Viva voce evidence): Evidence elicited from the mouth of a
witness
Qualifications of a witness:
1. He can perceive
2. He can make known his perception to others
3. He must take either an oath or an affirmation
4. He must not possess any disqualification
- No court should allow the testimony of someone who desires to testify but refuses to swear or
make an affirmation.
- A person is not qualified to be a witness if he is incapable of understanding the duty to tell the
truth.
- Competence of witness is the qualification of witness to take the stand and testify.
OATH - It is where the witness signifies that he is swearing to the creator to the the truth and
nothing but the truth.
- Deaf mutes are not necessarily incompetent. They are still competent if they can understand
the sanctity of oath and comprehend facts that they are going to testify and communicate
such.
COMPETENCY CREDIBILITY
Basic qualifications of a witness as his Refers to the believability of a witness and has
capacity to perceive and communicate his nothing to do with the law or rules.
- Relationship of a witness with a party does not render him biased in criminal cases.
B. DISQUALIFICATIONS OF WITNESSES
CHILD WITNESS - Any person who at the time of giving testimony is below 18.
- In child abuse cases, A child includes one over 18 but is found BY THE COURT as unable to fully
take care of himself to protect himself from abuse, neglect, cruelty, exploitation, or
discrimination.
- When the court finds that substantial doubt exists regarding the ability of the child to perceive,
the court shall conduct a competency examination of the child. The court may do it motu
proprio or on motion of party
- The competency examination is not open to public.
- The competency examination shall only be conducted by the judge
- It shall not be related to the issues of the trial but shall focus on the ability of the child to
perceive.
- Assessment of the competency of a child is designed to be a continuing one.
- The court may order that the testimony of the child be taken by Live link television if there is
substantial likelihood the the child would suffer trauma from testifying in the presence of the
accused.
- The trauma must be of a kind which would impair the completeness or truthfulness of the
testimony of the child.
Dead Man’s Statue or Survivorship Disqualification Rule (applies to person with unsound mind)
-Parties or assigners of party to a case, or persons in whose behalf a case is prosecuted,
against an executor or administrator or other representative of a deceased person, or against a
person of unsound mind, upon a claim or demand against the estate of such deceased person
or against such person of unsound mind, cannot testify as to any matter of fact occurring before
the death of such deceased person or before such person became unsound mind.
- PLAINTIFF must be the person who has a claim against the estate of the decedent or the
person of unsound mind.
- DEFENDANT - The executor, administrator and other representatives of deceased person.
- The rule does not apply if the action is brought not against the estate.
- The rule does not apply where the plaintiff is the executor.
- When a counterclaim is set up by the administrator of the estate, the cases removed from the
operation of Dead Man’s statute
- The rule does NOT PROHIBIT a testimony by a mere witness to the transaction between the
plaintiff and the deceased and who has NO INTEREST IN THE TRANSACTION
- Offering of Disinterested witness is ALLOWED.
- Prohibition extends only to PARTY OR HIS ASSIGNOR OR THE PERSON IN WHOSE BEHALF THE
CASE IS PROSECUTED.
- If the event transpired after the death of the person, WITNESS MAY TESTIFY.
- If the claim is beneficial, it shall not be excluded.
- A witness who testifies on the basis of their KNOWLEDGE OF TRANSACTION, not based on their
dealings with the deceased is NOT BARRED.
Exceptions:
1. In a civil case by one against the other
2. In a criminal case for a crime committed by one against the other or the latter’s direct
descendants or ascendants.
- Crimes committed against the collateral relatives are not included. Uncles, Aunties, cousins or
nephews
- Wife filed a civil case against the father of his husband. HUSBAND IS BARRED FROM TESTIFYING
- When the husband is co accused with others, The Wife may testify against all other co
accused but her testimony in reference to her husband shall be disregarded when properly
objected.
- Estranged spouses can testify against one another because there is no more harmony, love,
peace and tranquility to be preserved.
- The privilege should only apply to ONE ANOTHER (spouses only) not to third persons
- Information acquired by spouses before the marriage even when received confidentially will
not fall under such provision.
- Communication uttered before the marriage is not included in the privilege.
- If such communication was received from third party, NOT PRIVILEGED.
- Dying declaration is not confidential communication
- It may be waived by failure to object timely to its presentation
- Communications uttered in the presence of a third party are not deemed confidential even
when made during the marriage.
Can no longer be invoked once the marriage is Spouse affected by the disclosure may object
dissolved. even after the dissolution of marriage.
Spouse for or against whom the testimony is Regardless of whether or not a party to the action
offered is a PARTY TO THE ACTION
Requisites:
1. There must be a communication made by the client to the attorney or an advice given by
the attorney to his client.
2. The communication or advice must be given in confidence
3. The communication or advice must be given either in the course of professional employment
or with a view to professional employment.
- Perfected attorney - client relationship is not required. It is enough that the communication or
advice be with a view to professional employment
- Even if the counsel refuses the professional relationship, the rule still applies.
- The communication may refer to anticipated litigations or may not refer to any litigation at all.
- Communication may be oral or written. It extends to other forms or conduct like physical
demonstration as long as they are intended to be confidential.
- Even if received via fax, text message or other electronic means, still confidential
EXCEPTION:
1. Purpose is the furtherance of a future intended crime or fraud
2. Committing a crime or fraud
3. Illicit activity
Priest/Minister-Penitent Privilege
A minister cannot without the consent of the person making the confession be examined as to
any confession made to or any advice given by him in his professional character in the course of
discipline enjoined by the church to which the priest or minister priest belongs.
GR: Right to information on matters of public concern and guarantees access to official records,
documents and papers pertaining to official acts.
- The right to information does not also extend to presidential conversations, correspondences
and discussions in closed door cabinet meetings.
- The confidential character of a privilege communication is not lost solely on the ground that it
is in the form of electronic document.
FILIAL PRIVILEGE
- A child may not be compelled to testify against his parents or other direct ascendants.
OTHER PRIVILEGES:
1. Editors may not be compelled to disclose the source of published news
2. Voters to disclose for whom they voted
3. Trade Secrets
4. Information contained in tax census
5. Bank deposits
6. AMLA
7. Information and statements made at conciliation proceedings.
C. EXAMINATION OF WITNESS
- Done in open court and shall be given orally except when the question calls for a different
mode and under oath or affirmation
- Exceptions
- In summary procedure - Affidavits of parties shall constitute direct testimonies.
- Depositions
- Judicial affidavit rule- Affidavit shall take the place of direct testimonies of witnesses.
OATH - Outward pledge made under immediate sense or responsibility to God or a solemn
appeal to the supreme being in attestation of truth of some statement.
AFFIRMATION - Substitute for an oath. A solemn and formal declaration that the witness will tell
the truth.
- Transcript prepared and certified shall be deemed prima facie a correct statement of such
proceeding.
-
- A witness has an obligation to answer questions although his answer may tend to establish a
claim against him
RIGHTS OF WITNESSES:
1. Not to give an answer which will tend to subject him to a penalty
2. To be protected from irrelevant, improper, insulting questions
3. Not to be examined except on matters pertinent to issue
4. Not to be detained longer than the interest of justice requires
5. Not to give an answer which will tend to degrade his reputation
- A witness admitted into the witness protection program cannot refuse to testify or give
evidence or produce books, documents, records or writings necessary for the prosecution of
the offense or offenses for which he has been admitted on the ground of the right against self
incrimination.
- A witness MUST ANSWER to the fact of his previous final conviction for an offense.
- A child has the right to be accompanied by one or two persons of his own choosing to
provide him with emotional support
- One of the persons may even accompany the child and hold the hands of the child.
- Support person may be another witness. He must testify ahead
- Testimony if the child may be taken outside the courtroom and be televised by live link
television. Application must be made by the prosecutor, counsel or guardian ad litem at least
5 days before the trial date.
- The trauma shall be that kind that would impair the completeness or truthfulness of the
testimony.
- Where a youthful offender has been charged before any city or provincial prosecutor or any
municipal judge, and charges have been dropped, all the records of the case shall be
considered as privileged and may not be disclosed directly or indirectly by anyone for any
purpose or whatsoever.
- If he is charged and was acquitted or dismissed, the records are also privileged.
- The youthful offender who fails to acknowledge the case against him or to recite any fact
related thereto in response to an inquiry made to him for any purpose shall not be held under
any provision of law to be guilty of perjury or concealment or representation.
KINDS OF EXAMINATION
1. Direct examination - Examination in chief of a witness by the party presenting him on the
facts relevant to the issue.
- This is now subject to judicial affidavit rule.
3. Re-Direct Examination - Reexamine the witness to explain or supplement his answers given
during the cross examination.
- Subject to court’s discretion, Counsel may be allowed to ask questions on matters non
touched in cross examination.
4. Recross examination
- If a witness dies before his cross examination, his testimony on the direct may be stricken out
only with respect to those not covered by cross examination.
- If the witness was not cross examined because of the fault of the adverse party, cross
examiner is deemed to have waived the right to cross examine the witness.
RECALLING A WITNESS - When a witness has been examined by both sides, he cannot be
recalled without leave of court
LEADING QUESTION - One that is framed in such a way that the question indicates to the witness
the answer desired by the party asking the question.
- Question which suggests to the witness the answer which the examining party desires.
MISLEADING QUESTION - 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.
D. IMPEACHMENT OF A WITNESS
- A technique employed usually as part of the cross examination to discredit a witness by
attacking his credibility.
- Impeachment of a witness is done by the party against whom the witness is called.
- The party producing the witness is barred from impeaching his own witness.
- Exception: Unwilling or hostile witness and when witness is an adverse party or an officer,
director, or managing agent, partnership or association which is an adverse party.
- Evidence of good character of witness is allowed ONLY to rebut the evidence offered to
impeach the witness’s character.
- Mere presentation of prior declarations of witness without having been read to him while
testifying in court is insufficient. He must be given ample opportunity to explain supposed
discrepancy
- If not complied - IMPROPER IMPEACHMENT
- EVIDENCE OF BAD REPUTATION SHALL ONLY REFER TO THE FOLLOWING SPECIFIC ASPECTS:
1. For truth
2. For honesty
3. For integrity
- In Criminal case, The accused may prove his good moral character relevant to the offense
charged even before his character is attacked
- However, the prosecution cannot initiate the proof of bad character of the accused. It can
only do so by rebuttal.
- The judge may exclude and separate the witnesses to be prevented from conversing from
one another until examined.
- During his testimony, a witness may refer to a memorandum or anything written or recorded
by himself or written or recorded by someone acting under his direction to refresh his memory.
- Such memorandum shall be written at the time the fact occurred or immediately thereafter
or at any time when the event or fact was fresh in his memory
- Memorandum mist be produced and may be inspected by the adverse party.
- A witness may testify from the memorandum, writing or record, although he has no more
recollection of the facts written therein as long as he swears that the memorandum, writing or
record correctly stated the fact or transaction when recording was made.
_____________________________________________________________________________________________
E. RULE 130
Admissions, Confessions, and the Res Inter Alios Acta Rule:
- Act, declaration or omission of a party as to a relevant fact may be given in evidence against
him
OFFER OF COMPROMISE:
1. Civil case - Not an admission of any liability and is not admissible in evidence against the
offeror.
2. Criminal case - May be received in evidence as an implied admission of guilt EXCEPT those
involving quasi offenses (criminal negligence) or those allowed by law to be compromised.
- Offer of marriage to the rape victim is an implied admission of his guilt.
- A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense is
not admissible in evidence against the accused who made the plea or offer.
- GOOD SAMARITAN RULE: An offer to pay or payment of medical, hospital or other expenses
occasioned by an injury is not admissible in evidence as proof of civil or criminal liability
- The act or declaration of a conspirator relating to the conspiracy and during its existence may
be given in evidence against the co conspirator after the conspiracy is shown by evidence
other than such act or declaration
- Where on derives title to property from another, the act, declaration or omission of the latter
while holding the title in relation to the property is evidence against the former
- An offer in writing to pay a particular sum of money or to deliver a written instrument or
specific personal property is, if rejected without valid cause, equivalent to the actual
production and tender of money, instrument or property
CLASSIFICATION OF ADMISSION
1. Express - positive statement or act
2. Implied - inferred from the declarations of acts of person
3. Judicial - made in the course of judicial proceeding
4. Extrajudicial - made out of court.
5. Adoptive - person manifests his assent to the statement of another person
REQUISITES:
1. Proof of occurrence of a certain event
2. Some person’s criminal responsibility of the act.
- When a person talks to the mayor as a confidant and not as a law enforcement officer, the
uncounselled confession did not violate constitutional rights.
- Constitutional procedures on custodial investigation do not apply to spontaneous statements
not elicited through questioning by authorities but merely given in an ordinary manner.
ADMISSION BY SILENCE
- An act, declaration made in the presence and within the hearing or observation of a party
who does or says nothing when the act or declaration is such as naturally to call for action or
comment if not true, and when proper and possible for him to do so, may be given in
evidence against him
- Declaration before and after the partnership shall not bind the principal
ADMISSIONS BY CO CONSPIRATOR
Once conspiracy is proven, the act of one is the act of all.
- Statements may be admitted against the co conspirators
REQUISITES:
1. Declaration or act be made or done during the existence of conspiracy
2. Declaration of act must relate to the conspiracy
3. Conspiracy must be shown by evidence other than the declaration or act
- Arrest of the declarant is often found to terminate the declarant’s participation in the
conspiracy
ADMISSION BY PRIVIES
PRIVIES - persons who are partakers or have an interest in any action or thing or any relation to
another
EX: Lessor, grantor, assignor, executor, heirs, etc.
REQUISITES:
1. There must be an act, declaration or omission by a predecessor in interest
2. Act, declaration or omission of the predecessor must have occurred WHILE he was holding
the title or property
3. Act, declaration or omission must be in relation to the property
PROPENSITY EVIDENCE - Evidence which tends to show that what a person has done at one time
is probative of the contention that he has done a similar act at another time
- LAW PROHIBITS SUCH
- The original document or object evidence need not be attached to the judicial affidavit. The
party may keep the same in his possession after the exhibit has been identified, marked and
authenticated.
- The party is required to bring the original document or object evidence for comparison with
the attached copy, reproduction or pictures during the Preliminary conference. In case of
failure to bring the originals for comparison, the attached copy shall not be admitted.
SCOPE:
- Rule shall apply to all actions, proceedings, incidents requiring the reception of evidence.
APPLIES TO ALL COURTS EXCEPT SC
- In Civil case: Shall apply irrespective of penalty involved. (Arising from the criminal offense)
- JA shall be in the language known by the witness. If not in english or tagalog, It shall be
accompanied by translation
CONTENT REQUIREMENT:
- There must be a statement in the affidavit that the witness is answering the questions asked of
him, fully conscious that he does so under oath and that he may face criminal liability for false
testimony or perjury.
- It shall contain the name and the address of lawyer. Examination of witness shall be
conducted and supervised by lawyer
- It shall indicate the place where the examination is being held
- JA shall be signed by the witness over his printed name.
- JA shall contain a jurat with the signature of the notary public who administers oath or officer
who is authorized to administer the same
- JA which does not conform with the content requirement shall not be admitted by the court
as evidence.
- Replacement may be submitted as long as it is submitted before hearing or trial
- In criminal cases, no further judicial affidavit or object evidence shall be admitted at the trial.
- Even before the trial, The prosecution has to lay down on the table all its evidence and
testimonial, documentary and object evidence.
- Accused may submit judicial affidavit within 10 days from the receipt of the affidavit of the
prosecution.
- A party who fails to submit the required judicial affidavits on time shall be deemed to have
waived their submission.
- In effect, Party shall be deemed not to have submitted direct testimony. The party is
deemed to have not presented his evidence in chief for his case.
- REMEDY: Move that the late submission of the judicial affidavit and its exhibits be allowed.
- The party offering JA shall present such affidavit and state the purpose of the testimony
contained therein at the start of the presentation of witnesses.
- The adverse party may move to disqualify the witness, strike out the affidavit, strike out any of
the answers found in the judicial affidavit on the ground of inadmissibility
- Court shall promptly rule on the said motion
- Submission of the Judaff of the witness does not exempt the witness from appearing at the
scheduled hearing. Rule still requires appearance
- The court shall not consider the affidavit of any witness who does not appear in the
scheduled hearing.
- A counsel who fails to appear without a valid cause despite notice shall be deemed to
have waived his client’s right to confront by cross examination
- A requesting party may avail himself of the issuance of subpeona ad testificandum or duces
cecum if a witness unjustifiably declines to:
1. Execute judicial affidavit
2. Refuses without just cause to make relevant books under his control
- Witness required in this court is a government employee or official or a requested witness who
is neither witness of the adverse party nor a hostile witness.
- Documentary and object evidence shall be offered after the presentation of party’s
testimonial evidence
HEARSAY EVIDENCE
A witness can testify only to those facts which he knows of his personal knowledge.
- Ban on hearsay does not include statements which are relevant independently of whether
they are true or not like statements of a person to show among others his state of mind, mental
condition, knowledge, belief, intention, ill will and other emotions.
FIRST HAND KNOWLEDGE RULE - A witness is qualified to testify to a fact susceptible of observation
only if it appears that it had a reasonable opportunity to observe the fact.
HEARSAY - A statement other than the one made by the declarant while testifying at the trial or
hearing offered in evidence to prove the truth of the matter asserted.
- An out of court statement offered for the truth of the matter asserted
REQUISITES OF HEARSAY:
1. Out of court statement
2. Such statement was repeated and offered by witness TO PROVE THE TRUTH of the matters
asserted by the statement
- The purpose is to establish the truth of the fact asserted in the statement
- Where a statement is not offered for the truth of the matter asserted but is offered for an
evidentiary purpose, not dependent on the truth of the matters asserted - NON HEARSAY
- A party merely presented an advertisement to prove the price of a roundtrip ticket - HEARSAY.
- Newspaper accounts of an incident are hearsay if offered to prove the truth of the accounts
- But are not hearsay if offered for the purpose other than the truth of the matter asserted.
- Newspaper is only admissible to prove that there was a publication and merely the tenor of
the news but not as to the truth.
DYING DECLARATIONS
The declaration of a dying person made under the consciousness of an impending death may
be received in any case wherein his death is the subject of inquiry as evidence of the cause and
surrounding circumstances of such death.
- It may be introduced in any case. Civil or criminal where the subject of inquiry is the death of
the declarant HIMSELF.
- The declarant must be conscious that death is near and certain and that death is near at
hand. IT MUST BE IMPENDING
- There is nothing in the rules prohibiting the admission of dying declaration that is favorable to
the accused.
- Matters uttered apart from the reason of death of the declarant are not part of this
circumstance. It is not admissible
REQUISITES:
1. Declaration concerns the cause and the surrounding circumstances of the declarant’s
death
2. Made when death appears to be imminent and the declarant is under a consciousness of
an impending death
3. Declarant would have been competent to testify had he or she survived.
4. Dying declaration is offered in a case in which the subject of inquiry involves the
DECLARANT’S DEATH.
1. SPONTANEOUS STATEMENTS
REQUISITES
1. There is startling event or occurrence taking place
2. Statement was made while the event is taking place or immediately prior or subsequent
thereto.
3. Statement relates to the circumstances of the startling event or occurrence or that the
statements must concern the occurrence in question and its immediate attending
circumstance.
4. Statement was made before the declarant had the time to contrive or devise falsehood.
- Even if the declarant is unavailable and cannot be crossed examined, the evidence may still
be admissible.
2. VERBAL ACTS
- Statements accompanying an equivocal act material to the issue and giving it a legal
significance.
REQUISITES:
1. Principal act to be characterized must be EQUIVOCAL
2. Act must be material to the issue
3. Statement must accompany the equivocal act
4. Statement gives legal significance to the equivocal act.
- I will pay you after 1 month - EQUIVOCAL ACT with legal significance.
- If the act is clear, there is no res gestae to speak of
- Adios amiga, see you in hell. - may help determine the purpose of the the equivocal act.
- The statement must accompany the equivocal act which evidently means that it must be
CONTEMPORANEOUS with the act.
- Entries in the payroll being entries in the ordinary course of business enjoy presumption of
regularity
- Rules on electronic evidence expressly exempt business records from the application of the
hearsay rule provided the mechanics of record keeping of such records are shown by the
testimony of the custodian or other qualified witnesses.
- The declarant must be aware that it is against his interest, pecuniary or moral.
- If declaration is favorable to the interest, it is merely self serving
- It may be against one’s penal interest
- It is admissible even against the declarant’s successors in interest or even to third persons.
PEDIGREE - Includes relationship, family genealogy, birth, marriage, death, the dates when the
places where these facts occurred and the names of relatives.
REQUISITES:
1. Declarant is dead or unable to testify
2. Declarant is related by birth or marriage to the person whose pedigree is in issue
3. Declaration was made before the controversy
4. Relationship between the two persons is shown by evidence other than such act or
declaration
- Declaration of jose (already dead) prior to his death and any controversy, that Juan is his
illegitimate son is admissible in evidence. DECLARATION ABOUT PEDIGREE
INVOLVES:
1. Statement by a member of the family either by consanguinity or affinity
2. Statement is about reputation or tradition of the family in respect to the pedigree of any
member of the family
3. Reputation or tradition is one existing precious to the controversy
COMMON REPUTATION
Refers to facts of public or general interest more than 30 years old or respecting marriage or
moral character.
Monuments and inscriptions in public places may be received as evidence
- Admissible
- Existing prior any controversy
- IT CANNOT ESTABLISH PEDIGREE
REQUISITES:
1. Entry was made by a public officer or by another person especially enjoined by law to do so.
2. It was made by public officer or by such person in the performance of a duty enjoined by
law.
3. PO has sufficient knowledge of the facts by him or her stated, which must have been
acquired by the public officer or other person personally through official information
- If the person offering the evidence did not stated that it was acquired from persons under a
legal duty to submit the same, the rule does not apply.
relevant matter so stated if that compilation is published for use by person engaged in that
occupation and is generally used and relied upon by them therein.
LEARNED TREATISES
A published treatise, periodical or pamphlet on a subject of history, law science, or art is
admissible as tending to prove the truth of a matter stated therein if the court takes judicial
notice or a witness expert in the subject testifies that the writer of the statement is recognized in
his profession
- An expert on the subject must testify to the expertise of the writer or court takes judicial notice
of that fact
OTHER REQUIREMENTS:
1. Proponent shall make known to the adverse party the intention to offer such statement and
its particulars to provide him a fair opportunity to object
2. If child is available, the court shall, upon motion of the adverse party, require the child to be
present at the presentation of hearsay statement for cross examination
3. If child is unavailable, it may be proved by the proponent and the hearsay testimony shall be
admitted ONLY IF CORROBORATED BY OTHER ADMISSIBLE EVIDENCE
- Factors shall be considered by the court before accepting the admissibility of such testimony
OPINION EVIDENCE
GR: Opinion evidence are inadmissible
EXCEPTIONS:
1. Opinion of expert witness
2. Opinion of ordinary witness regarding IDENTITY, HANDWRITING, MENTAL SANITY, IMPRESSIONS
OF EMOTION, BEHAVIOUR, CONDITION OF APPEARANCE OF A PERSON.
- In criminal case, the prosecution cannot prove the bad moral character of the accused in the
evidence in chief. IT CAN ONLY DO SO IN REBUTTAL
-
- The prosecution must await until the accused puts his character in issue during the
proceedings.
- The accused may prove his good moral character when pertinent to the moral trait involved
in the offense charged.
- The good and the bar moral character of the OFFENDED PARTY may be proved by the
accused. IT ONLY PERTAINS TO CRIMINAL CASES.
SEXUAL ABUSE SHIELD - Not admissible in any criminal proceeding involving child sexual abuse:
1. Evidence to prover that the alleged victim engaged in other sexual behavior
2. Evidence offered to prove the sexual predisposition of the alleged victim
IN CIVIL CASES: Evidence of moral character of a party is admissible only when pertinent to the
issue of character involved in the case.
FORMAL OFFER AS AN EXHIBIT - done only when the party rests its case.
- Evidence formally offered by either parties may be considered by the court to either or both
of the parties.
- Objections to documentary evidence shall be made after it is offered and not on the time of
its marking or identification
- Nature and purpose of the evidence shall be stated.
- The court shall consider the evidence presented SOLELY for the purpose for which it is offered
and not for any other purposes.
- An objection must point out the specific ground of the objection and if it does not do so, no
error is committed by overruling it.
- Grounds for objection shall be specified. General objection is not allowed.
FORMAL OBJECTION - One directed against the alleged defect in the formulation of the question
SUBSTANTIVE - One directed against the very nature of the evidence.
WHEN TO OBJECT
- ORALLY - Objection must be made immediately after the offer is made.
- IN THE COURSE OF ORAL EXAMINATION - Made as soon as the grounds are apparent
- WRITING - Within 3 days after notice of the offer
- When the witness answered before objected or before the question is completely stated -
MOVE TO STRIKE OUT THE ANSWER
- While it may be admissible for failure to object, It doe not necessarily follow that the same
should be given weight.
- A waiver shall not be considered as an admission that the evidence is credible and shall be
given weight.
- Where a continuing objection had been interposed on prohibited testimony, the objection is
deemed waived where the objecting counsel CROSS EXAMINED the witness on the very
matters subject of the prohibition.
- Rulings on the objections shall be given immediately after the objection is made
- Will be taken into consideration, submitted, noted - IMPROPER RULINGS.
- The reason for the ruling on such objections need not be stated EXCEPT if the objection is
based on two or more grounds. MUST SPECIFY THE GROUND/S RELIED UPON
HOW DONE:
1. DOCUMENTARY OR OBJECT EVIDENCE: The tender is made by having the document or
object attached to or made part of the record.
FORMAL OFFER OF EVIDENCE - Refers either to the offer of the testimony of a witness prior to the
latter’s testimony, or the offer of the documentary or object evidence after a party has
presented his testimonial evidence.
FORMAL OFFER OF PROOF - process by which a proponent of an excluded evidence tenders the
same. If what has been excluded is testimonial evidence, the tender is made by stating for the
record the name and other personal circumstances. If documentary or object, The offer of proof
is made by having the same attached to or made part of the record.
- Rules does not prohibit a party from requesting the court to allow it to present additional
evidence even after it has rested its case
_____________________________________________________________________________________________
Sorry for all the typographical errors. Good luck and God bless you! Kindly pass
this or pay it foward! In God's perfect timing I know you will be the person you
aspire to be.
- Edward Arriba