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Notes in Evidence 2. Conclusive – cannot be contradicted any more.

Estoppel by deed – with written


RULE128 Estoppels in pais – by action

Evidence Seventh classification


- Means the facts not just a believe of an opinion. 1. Primary evidence – not yet obtain
2. Secondary evidence – may be available
Proof of facts
- must established or ascertained to a matter of Eighth Classification (rule 132, sec 28, Rule 131, Sec
facts 3(m)
First classification of Evidence 1. Positive evidence – an affirmative answer
2. Negative evidence – a denial or negative answer
1. Factual Probandum – Ultimate facts.
- in criminal case, to prove the 2 side of the Nineth Classification( Rule 120, sec 51 & 52)
crime. Like, the element of the facts committed. 1. Ordinary
Prosecution must proved that the accused is the one 2. Expert
committed the crime.
Rules on Probative Policy
2. Factum Prodans – evidentiary facts. 1. Exculsionary Rules – Most rules which are not
- in criminal case, if failed to proved, the accused admissible.
be aquitted. 2. Preferential Rules – secondary evidence allowable but
- this must be presented to proved the unlawful original is preferred.
king. 3. Analytical Rules – rules governing the testing of
evidence, to cross examine or analize.
Second classification of evidence 4. Prophylactic Rules – to prevent something, like a
1. Object evidence fraud.
- real evidence or a demonstrative evidence 5. Quantitative Rules – refers to quantity. Rule 133, sec 3
2. Oral evidence
3. Testimonial evidence – oral evidence Kinds of admissibility Sec 3. Rule 128
1. Conditional Admissibility
Third classification - a judge allowed a relevant question be admitted
-required that the evidence to be admissible on the ocnditione that their ia s connection to the issue.
1. Relevant Evidence 2. Multiple Admissibility
2. Material evidence - evidence is apparent
3. Competent evidence - evidence being offer appears to have relevant to
the fact
Materiality – may determine by substantial law or by - evidence is serve not only for one purpose bur
pleadings for several purposes
3. Curative Admissibility
Competency – admissibility. What is included will not be - indicates a cure.
excluded. - an evidence which should not admitted but was
admitted
Forth Classification a. American Rule – Get attention of the court
1. Direct – relationship of factum proban & factum - Submission of similar evidence
probandum is not allowed.
2. Indirect – must show a connection. Must have an b. English Rule – Opposite of American Rule
inference to another facts. - judge always allow the
admission of evidence.
Fifth classification 3. Massachusetts Rule – the evidence maybe
1. Cumulative – the same kind of factae proban to prove allowed or not upon the discretion of the court.
the same gactae probandum.
2. Corroborative – cannot be contradicted any more. Sec 4, Rule 128
-Evidence must have a relation to the fact in issue
Sixth Classification as to induce believe to its existence or non existence.
1. Prima Facie – it is sufficient so support a conclusion - Evidence on collateral matter shall not be
unless contradicted by superior evidence. A probable allowed, except when it tends in any reasonable degree to
cause. establish the probability of the fact in issue.
letters, words, sounds, numbers, figures, symbols, or
RULE 129 other equivalent, or other modes of written expression
offered as proof of their contents.
Sec 1. Judicial Notice
- notice that facts are true without need of proof, Photographs include still pictures, drawings, stored
which includes the following: images, x-ray films, motion pictures or videos.
a. Territorial extent of estate
b. Political history Sec.3 Original Document Rule or Best Evidence Rule
c. Forms of government Generally, no evidence is admissible other than the
d. Symbols of Nationality original document itself, except:
e. Law of Nations. Such as, customary a. Original is destroyed or loss, or cannot be
international law, either written or unwritten produced in court, without bad faith on part of the offeror.
f. Admiralty and maritime courts and their seals - relate to Sec. 5, Rule 130. If the cause of
g. Political Constitution and history of the unavailability of original without bad faith may prove its
Philippines contents by:
h. Official acts of the legislative, executive and 1. a copy
judiciary departments of the National Government of the 2. by a recital of its content in some
Philippines authentic document
i. The law of nature 3. by the testimony of witness with a
j. The measure of time knowledge of the content.
k. Geographical division
b. Original is in the custody or under the control
Sec 4. Judicial admissibility of the party against whom the evidence is offered, and the
- The admission that does not require proof. It is latter fails to produce it after reasonable notice. Or the
not a hearsey. It is done in court. Extrajudicial admission original cannot be obtained by local judicial processes or
is excluded. procedures.
- relate to Sec 6, Rule 130. Said adverse party
RULE 130 must have reasonable notice to produce it. After notice
Sec. 1 Object as Evidence and satisfactory proof of its existence, failed to produce
Object as evidence – are whose addresses to the senses of the document, secondary evidence may be may be
the court. If it is relevant to the issue, it may be exhibited, presented.
examined or viewed by the court.
c. Original document consist of numerous
Technical terms accounts or other documents which cannot be examined
1. Medical Examiner – Must be a MD or a certain in court without great loss of time and the fact sought to
medical specialist. be established from them is only the great result of the
2. Coroner – a medical examiner in a public office in a whole.
politician office. - relates to Sec. 7, Rule 130. Said voluminous
document, once presented, would create a great loss of
Ex. In a cadaver time to the court when examine, the facts sought to be
Autoptic Preference – the object of autopsy established is only the general result of the whole and
may be presented in the form of a chart, summary or
Gross examination is done to the whole body for calculation. But such original must be available for
examination. Ex. In a wound, general examination is that examination or copying, or the court may order that they
such would was cause by either, through stab, hack, be produced in court.
contusion, or abrasion.
d. Original is a public record in a custody of a
Post mortem necropsy report public officer or recorded in a public office.
- A report made in writing related to the autopsy - relate to Sec. 8, Rule 130. Since the original
examination of the cadaver. document is in the custody of a public officer or is being
recorded in a public office, said document may be
Demonstrative Evidence – Multiple evidence presented as proved by a certified copy issued by a public
Ocular inspection – presenting demonstrative evidence. officer in custody.

Sec. 2 e. Original is not closely related to a controlling


Documentary evidence – those consist of writings, issue.
recordings, photographs, or any material containing -relate to Sec. 9, Rule 130. Since the document is
not closely related to the issue, the production of said
document is not obliged to offer it as evidence. Sec. 11 Interpretation of writing according to its legal
meaning.
Sec.4
Original Document – refers to the document itself or any Sec. 12. Instrument construed so as to give effect to all
counterpart intended to have the same effect by a person provisions.
executing or issuing it.
Sec.13. Interpretation according to intention; general
Duplicate document – refers to the counterpart produced and particular provisions.
by the same impression as the original., or from the same
matrix, or by means of photography, including Sec. 14. Interpretation according to circumstances.
enlargements or miniatures, or by mechanical or
electronic re-recording, or by chemical reproduction, or Sec. 15. Peculiar significant of terms
by other equivalent techniques which accurately
reproduce the original. Sec. 16. Written words control printed.

Generally: A duplicate is admissible as an original Sec. 17. Experts and interpreters to be used in
except: explaining certain writings.
a. a genuine question is raised as to the
authenticity of the original. Sec. 18. Preference of a two constructions
b. in the circumstances, it is unjust or inequitable
to admit the duplicate in lieu of the original. Sec. 19. Construction in favour of natural rights.

Sec. 10 PAROLE EVIDENCE Sec. 20. Interpretation according to usage.

PAROLE EVIDENCE RULE


- It prevents the introduction of evidence of prior Rule 130. C. TESTIMONIAL EVIDENCE
negotiation and agreements that contradict, modify, or Disqualification of witnesses
vary the terms of a written contract when it is completed.
-an oral evidence Sec.21. All person can b a witness who can perceive,
- compare to Art. 1403 NCC, Statute of fraud, and perceiving, which can make known to others.
which is once produce and presented in court and failed
to object its admissibility, it is deemed a waiver. And said 3 groups of a crime which not affect the qualification of a
rule is also apply to Parol Evidence Rule. witness.
-the difference between the 2 rules is that, in 1. Perjury – statement under oath which is false.
Statute of failed, it cannot be prove if not in writing Extrajudicial statement under oath which happens to be
regarding the existence of terms and conditions on an false..
agreed upon. While in Parol evidence Rule, it is already 2. Falsification – either public document, private
in writing but it is not admissible and once it is introduce, document, commercial document.
it will change the content what it is in writing. 3. False testimony-judicial statement which is
- the admission of Parol Evidence will allow the false.
modification, explanation or addition to an issue which is
already presented in court in a written contract. Note: Dealing only with the admissibility of a person.
- if the matters in an issue was filed to include,
such parol evidence is not admissible. It must be allege in Sec. 22. Statement of a hearsey rule. Witness testify
the pleading to be proved. those facts which his personal knowledge.

Issue/s which may be included in a pleading for a parol Disqualification


evidence be admissible: Prevent a person wholly or partially on a matters
1. An intrinsic ambiguity, mistake or as a witness. In opinion rule, the witness is qualify, and
imperfection in the written agreement. part of his testimony be excluded if such testimony is
2. The failure of a written agreement to express th only his opinion.
true intent and agreement of the parties thereto;
3. The validity of a written agreement; or Sec. 23. By reason of marriage
4. The existence of other terms agreed to by the -one of the benefit of marriage.
parties or their successors in interest after executiton of - MARITAL DISQUALIFICATION RULE
the written agreement. -SPOUSAL IMMUNITY RULE
- During marriage, spouse can not testify against the marriage, not before, not after the marriage.
the other, but generally can testify in-favour of other.
-can only testify if with consent of the other How Sec. 23 & 24(a) is waived:
spouse. 1. by consent of the other spouse
-spouses are not allow to donate, or sell 2. failed to object the answer or striking off the
properties to each other and applicable also to common record in a timely fashion.
law spouses.
Sec. 24. Privilege Communication as disqualification
Except: of a witness
1. Civil Case; annulment of marriage, legal
separation, declaration of nullity of marriage Privilege Communication –intended to be confidential
2. Criminal Cases; RA 9262, communication. It is made to only one person and no
3. against spouse direct descendant or ascendant. body else.
-People who are not license to engage practice
Similarities of Sec 23 & 24(a) law are also practicing law should be also place in the
1. Disqualified witness applied to spouses. They said disqualification.
must have a valid marriage. -also applicable to patient-physician relationship
2. Same cannot apply in civil case, criminal case and also included any person believe by a person
and against the spouse direct descendant or ascendant practicing as such.
3. Both rules are written in the statute as privilege
and rights available to spouses to protect the sanctity of a. MARITAL PRIVILEGE RULE – as discussed
marriage. above.
b. Attorney-Client Privilege Rule
Difference General:
1. length of disqualification. Sec. 24(a) last -any person reasonably believed by the client to
longer. Sec. 23 only apply to the time of marriage until be licensed to engage to the practice of law without the
the termination of marriage with judicial order. like: consent of the client.
a. dissolution of marriage - it includes the attorney’s secretary,
b. annulment of marriage stenographer, clerk, and other persons assisting the
c. declaration o f nullity of marriage attorney. As long as some other person or employee or
d. valid divorce obtain abroad by a foreign spouse serving or working, whether with pay or not, and he
or by even under the Manalo doctrine or Orbisedo happens to learned the communication he is covered by
doctrine, even obtained by a Filipino spouse. the rules.
e. marriage was void at the beginning under art. - said employees cannot examine as to what they
35, 36, 37 FC have heard or observe without the consent of the client or
f. marriage was annulled under art. 45 FC without the consent of client and lawyer in case or
employees as witness.
-applies during and after the marriage. Duration -lawyer-client relationship begins not only from
is longer compare to Sec23. the time the contract created or the meeting of mind, but
in the preparatory contract which is from the moment the
2. Coverage of disqualification communication was made by the client or the advice
-Sec. 23, covers disqualification applies given by the attorney to the client.
to everything, the testimony of one spouse to other -the communications between lawyer-client
spouse, without the consent of another. Duration is considered covered by the privilege when the
shorter but coverage is broader. communication was made with a view to, no professional
-Sec 24(a) , longer duration which last employment yet, with an intention and purpose of
from the marriage solemnized until and subsist even after employing the attorney for such professional
the termination of the marriage but applies only to any employment.
communication received in confidence by one spouse - (how long the duration), this privilege
against the other only during the marriage, not before not communication is forever in duration, because what is
after. Cannot examine during or after the marriage which protected is the privilege communication.
covers as to any communication received in confidence of -the communication well very specific and made
one against the other. from the client to the lawyer perhaps with a view to the
3. Scope of disqualification engagement with the lawyer under a professional
-Sec 23, is broader which covers employment arrangement but the communication is not
everything, while sec 24(a) is limited only to any considered confidential, not privilege, because it was not
communication received confidentially and only during made in a confidential manner. To be confidential, it must
be intended to the person only and for the hearing or as an attested document, is not covered by attorney client
knowledge of said person. If said communication loss its privilege. Otherwise witness is useless if you cannot
confidentiality, it cannot be considered as privilege testify any circumstances surrounding the execution of a
communication. notarial will should be available to the court.
-privilege cannot be claim by a spouse if the 5. Joint Client
communication was made with the present of a third -communication made by any of them to
person, even if such third person is the ascendant and a lawyer, retained or consulted in common, when offered
descendant of the spouses or someone accidentally heard in an action between any of the clients, unless expressly
the communication without the knowledge of the spouses. agreed otherwise. Generally, communications from
Since such witness may testify under the qualification lawyer to clients, vis-à-vis, is a privilege communication
provided in the Rules. rule applies. But if a lawyer have 2 or more clients, as
-violation of said confidentiality under Art, 209 own client, and they are the client to a same case, covered
of RPC arises a criminal offense with prejudice to an by the general rule. Except, then 2 or more client are
administrative sanctions under Rule 138 sec 27. adversarial, action between or among them, the
communication is not covered. As to matters covers by
Exception to the privilege Rule the new action, not the previous case. Exemption to the
1. Furtherance of crime or fraud. communication, the clients agreed that the
- client engage the service of a lawyer for a crime communication with respect to a new case should be also
committed is a privilege communication. covered by the privilege communication.
-client engage the lawyer’s service before
intending to commit a crime, an exception to a privilege c. Medical practitioners, psychotherapist or
communication. And such engagement must be reported person reasonably believed by the patient to be
by the lawyer to an enforcement officer for such planning authorized to practice medicine be included in a privilege
to an intent crime to be committer. communication rule, except with patient consent’s.
2. Claimants through same deceased client. -privilege applies to persons who have
-client is decease. participated in the diagnosis or treatment of the patient
- communication relevant to an issue under the direction of the physician or psychotherapist.
through same client in a successor in interest, the heirs/ -applies only to civil case, not in a
successor in interest, communications between them is criminal case.
not covered by the privilege.
3. Breach of duty by lawyer or client
-Art. 209 RPC, revelation of confidential Psychoterapist
communication. - a person licensed to practice medicine
-an action brought against a lawyer engaged in the diagnosis or treatment of a mental or
where an issue of breach of duty is involve, the emotional condition
communications between lawyer and client, vis-à-vis, the - a person licensed as a psychotherapist
communication is not covered by the privilege by the government while similarly engaged.
communication rule.
Breach of duty by the client to his d. A minister, priest or person reasonably
lawyer, like involving a contract between lawyer and believed to be so cannot, without the consent of the
client, but without notice, did not continue such service. affected person, in the course of discipline enjoined by
The client gets a service of another client, the lawyer may the church which the minister or priest belongs.
annotate a lawyer’s liens in the property of said client for - Priest-penitent privilege rule.
the claim of unpaid professional services for breach of - this qualification is stronger in the case of priest
contract. in the catholic church because communication received is
- any communications made between a confession and absolutely privilege and confidential.
lawyers to client, vis-à-vis, in case of the breach by the - even emam in Muslim or any other title is
client of his obligations under the contract is not covered viewed the same is privilege to said confidentiality of
by the privilege communication rule and may be a subject such communication in his capacity. It is the spirit that
of a testimony which is not excluded by the said gives meaning to the law not the letters.
qualification. -if a person acted as professional character and
4. Document attested by a lawyer receive confession in his capacity is also covered in the
-communication relevant to an issue in privilege.
which an attesting document which a lawyer is an - youth councillor as volunteer helping students
attesting witness. Communication between the testator or in their spiritual and emotional advice, not included in the
other attesting witnesses and a lawyer, as an attesting privilege, because they are not authorized to accept or
witness, any communication relevant to an issue of a will, listen to confession since they are not professionals. If
such youth councillors be proved that such youth is an direct descendants and ascendants which also covers all
extension or authorized of such ministers, may the court kinds of crimes, civil, criminal or administrative.
accept the argument, but such youth councillor may only -Except, if the testimony is indispensable in a
give advice as peer to other co-youth or student and crime against the witness/victim.
considered as peer councillors.
Sec. 26. Privilege relating to trade secrets
e. Public officer cannot be examine during or - unless the nondisclosure of it will result in the
after his tenure as to communication made to him in promotion of fraud or keep a crime. When disclosure is
official confidence, when the court finds that the public direct to the court, I shall take such protective measure as
interest would suffer by the disclosure. the interest of the owner of the trade secret and of the
-terms, fixed period while tenure is not fixed but parties and the furtherance of justice may require.
the length of time of serving the public. The - this taken from the area of intellectual property
disqualification is continuing until after his term of office. which include trade secrets.
- there are positions wherein term is indicated and -relate to Art 1191, NCC, in the case of a breach
term of office is being hold for not telling a position be of patent.
vacant while waiting for the replacement. -RA 1477, periodicals of a publication cannot be
- it covers the communication made to him in his compelled to disclose or reveal the source of any source
official confidence or capacity, condition is further when of publish news report or information made confidential,
public interest is suffer for the disclosure of such unless the court or house committee/congress find such
communication and may affect national security or revelations is demanded by the security of public, but
adverse to public interest.. without prejudice to the liability under the civil or
-court may accept evidence may going in camera, criminal laws.
in-chamber or close hearing of the presentation of - communication between the source is a
evidence, privilege communication, without prejudice to the civil or
-the public office is the one disqualified for the criminal laws.
communication with a criminal aspect to said - refusal to reveal source of communication as
disqualification. ordered by the court will be liable for contempt.

Note: the communications remains privilege in the hand


of the 3rd person who may have obtain the information, Admissions and confessions
provided that the original parties to the communication Generally, all confessions are admissions but not all
took reasonable precaution to protect its confidentiality. admissions are confessions.
- generally, the facts that the third person known
to or not known to, destroys confidentiality. If the Sec. 27. Admission. The act, declaration or omission of a
persons, husband and wife, has a reasonable expectation party as to the relevant fact (factum probandum), may be
of privacy or with an intention of confidentiality or retain given in evidence against him.
the confidential character of such communication and - the one who is giving the testimony.
took reasonable precaution to protect the confidentiality - admission to be considered a confession must
of the communication, then said communication may be be an acknowledgement of the confession of guilt, all
included as privilege communication or such elements of an act which give rise to an offense as a
confidentiality is not destroyed. conclusion of facts or elements pull together amounts to a
crime or a felony that results to a conclusion of law, of
Sec. 25. Parental and filial privilege. the offense charge against the declarant or of any lesser
- no person shall be compelled to testify against offense necessarily included therein.
his/her parents or other direct descendant or ascendant, - who is the witness or giving the testimony? He
except when such testimony is indispensable in a crime must be a witness adverse to the party. Any person who
against that person or by one parent against the other. has perceived the act, declaration, or omission of a party
-voluntary is allowed. may be called as a witness, his testimony is relevant, and
- it is much broader he can give testimony against this party as to what he was
-refer to the perceived earlier as the act, declaration or omission of a
-compare to Art 215, FC, as evidentiary rule. In party. This can only be given against the party, nobody
this rule, applies only to criminal case. This protect the else.
parents or grandparents against such privilege - a stranger perceived him performing the act, or
communication. Apply only in criminal cases. hearing him making the declaration or observing him
Descendant is disqualified. It covers parents and making the omission, that stranger maybe called as a
grandparents. witness, if his testimony is relevant, to give what he has
-the privilege covers against parents or other perceive against the party.
- against whom is admission be given, a person injury or offered to pay by a 3rd party related to the
who made the act, declaration or omission or the party in offender, not admissible. The purpose, as not an implied
the case. admission of guilt in criminal case or liability in civil
case, because the actual payment of expenses is made as
Sec. 28. Offer of compromise not an admission. an act of charity, kindness, or compassion, and should not
- compromise is a contract whereby the parties, discourage the act and not take it against the offeror.
by making reciprocal concession, avoid a litigation or put
an end to one already commence. Sec. 29. Admission by third party
- in civil cases, an offer to compromise is not -Generally, the rights of a party to a case cannot
admissible and cannot be consider an admission. be prejudice by an act, declaration or omission of another.
-the offer is a party to the case.
- such offer is not admission against the offeror, Res inter alios acta alteri noscere non debet
specifically, not admissible as an admission in any -thing happening strangers cannot prejudice
liability on his part. another. Sec 29, is the first branch of the rule.
-except, evidence otherwise discoverable by
means of discovery or offered for a different purpose, not Sec. 30. Admission by co-partner or agent.
as an act, declaration or omission of a party, but differed
for a purpose of impeaching the witness, proving that he Sec. 31. Admission b conspirator.
is bais, proving that he is prejudice, or contradicting any
claim of undue delay of the proceedings, or proving an Sec. 32. Admission by privies.
effort to obstruct a criminal investigation of security. The
offer of compromise in this case will be admissible. Sec. 33. Admission by silence.
- exception to the exception, the offer of
compromise not an admission and not admissible in Sec. 34. Confession.
evince against the offeror, who later on may become a - The declaration of an accused acknowledging
party to a case, because the offer of compromise maybe his guilt of an offense or any offense necessarily included
in a form of an act or declaration, not admissible. Neither in a offense charge may be given an evidence against
is evidence of conduct nor statement made in a him.
compromise negotiation is not admissible, the - is an admission. Is it done by the accuse.
conciliation or mediation not admissible. - judicial confession is a conclusive evidence
- the opposing, may offer compromises, those which does not require proof. If the confession of guilt is
offers, if the purpose is to proved an effort to obstruct or done judicially, proof is not needed. (rule 129, Sec. 4)
prevent or delay a criminal investigation of prosecution, -extrajudicial confession made by an accused
then the offer of compromise maybe admissible. shall not be a sufficient ground for conviction unless it is
-in criminal cases, an offer of compromise can be corroborated by evidence of corpus delicti.
admitted as an implied admission of guilt, except in title
14 RPC, quasi offenses, imprudence and negligence, or in Sec. 35. Similar act as evidence
cases of crimes those allowed by law in compromise.
Generally, criminal liability cannot be compromise. Sec. 36. Unaccepted offer.
Except, tax evasion may be compromise by making an
offering. Criminal cases between the members of the Sec. 37. Hearsey.
family.
- a plea of guilty, Rule 116, Sec. 2 & 5, a plea of Sec. 38. Dying declaration.
guilty by the accused later withdrawn or an accepted offer
of a plea of guilty to a lesser offense, are not admissible Sec. 39. Statement of decedent or person of unsound
in an evidence against the accused who made the plea or mind.
offer. A plea of guilty later withdrawn is actually an offer -previously sec 23.
of compromise the same thing an unaccepted offer, with -the person of a witness himself not allowed to
plea of guilty given but withdrawn or there is plea of testify, either absolutely or qualifiedly.
guilty offer but not accepted by the prosecution. Neither -an exception to a hearsey rule.
of these a plea of guilty actually made or an unaccepted - not really the witness who is disqualify but on
offer of a plea of guilty to a lesser offense, not admissible the certain part or portions of its testimony, maybe
in evidence of the accuse to made an offer, it cannot be excluded as hearsey but may be an admitted as exception
considered an admission. in this section.
-an offer to pay, actual payment, is not admissible
as evidence as proof of civil or criminal liability for the Sec. 40. Declaration against interest
injury. Maybe made by a party who is responsible for the - relate to sec. 27
- the testimony is given by the witness as to what
he as perceive as the declaration of a person decease or
unable to testify.
-

Sec. 41. Act or declaration about pedigree.

Sec. 42. Family reputation or tradition regarding


pedigree

Sec. 43. Common reputation.

Sec. 44. Part of a res gestae.

Sec. 45. Records of regulation business activity.

Sec. 46. Entries in official records

Sec. 47. Commercial list and the like.

Sec. 48. Learned Treaties.

Sec. 49. Testimony or deposition at a former


proceeding.

Sec. 50. Residual exception.

Rule 133, Sec 3.


- an extrajudicial confession made by the accused
shall not be sufficient ground for conviction unless
corroborated with corpus delicti.

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