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RULE 128 – GENERAL PROVISIONS 3. Direct evidence – that which proves the fact in dispute without the aid of any
inference or presumption
A. PRELIMINARY CONSIDERATIONS
4. Circumstantial evidence – the proof of a fact from which, taken either singly or
collectively, the existence of the particular fact in dispute may be inferred as a
Evidence – is the means sanctioned by these rules, of ascertaining in a judicial proceeding necessary or probable consequence
the truth respecting a matter of fact.
Proof – is the result or effect of evidence 5. Cumulative evidence – evidence of the same kind and to the same state of facts

 Factum probandum – the ultimate fact sought to be established 6. Corroborative evidence – additional evidence of a different character to the same
 Factum probans – the evidentiary fact by which the factum probandum is to be point
established
7. Prima facie – that which, standing alone, unexplained or uncontradicted, is
 The law of evidence is fundamentally a procedural law sufficient to maintain the proposition affirmed
o Gen. rule – new rules may be validly applied retroactively because
parties have no vested right in the rules of evidence 8. Conclusive evidence – that class of evidence which the law does not allow to be
 Exception – in criminal cases, if retroactive application is contradicted.
barred for being ex post facto
9. Primary evidence (best evidence) – the law regards as affording the greatest
 The rules of evidence are specifically applicable only in judicial proceedings certainty of the fact in question
o In quasi-judicial proceedings – the rules apply by analogy or in a
suppletory character unless law provides otherwise 10. Secondary evidence – inferior to the primary evidence and is permitted by law
only when the best evidence is not available

Classification of evidence according to form: 11. Positive evidence – when the witness affirms that a fact did or did not occur
1. object (real) evidence – tangible things exhibited or demonstrated in open court
12. Negative evidence – when the witness states that he did not see or know of the
 “autoptic preference” – by proferring or presenting in open court
occurrence of a fact.
the evidentiary articles for the observation or inspection of the
tribunal
Requisites of Admissibility of Evidence
2. documentary evidence – evidence supplied by written instruments or derived
from conventional symbols.
1. Relevant – has such relation to the fact in issue as to induce belief in its
existence or non-existence
3. testimonial evidence – testimony or deposition of a witness
 Evidence on collateral matters shall not be allowed except when
it is relevant

Other classifications of evidence Collateral matters – matters other than the facts in issue
1. Relevant evidence – evidence that tends to establish the probability or
improbability if the fact in issue 2. Competent – when it is not excluded by law or these rules

2. Material evidence – evidence directed to prove a fact in issue

Wigmore’s two axioms of admissibility –
 Whether a fact is in issue or not is determined by substantive law,
1. that none but facts having rational probative value are admissible; and
the pleadings, pre-trial order, and by admissions or confessions
on file
2. that all facts having rational probative value are admissible unless some

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specific rule forbids their admission.

What should determine the application of the rule of curative admissibility –

When admissibility of evidence is determined at the time it is offered in court; when 1. whether the incompetent evidence was seasonably objected to
offered –
1. object or real evidence – it is offered when the same is presented for its view or 2. Whether the admission of such evidence will cause a plain and unfair
evaluation prejudice to the party against whom it was admitted

2. documentary evidence – immediately before the proponent rests his case  In Philippine jurisdiction – illegally obtained evidence is inadmissible
[Stonehill v. Diokno]
3. testimonial evidence – it is offered when the witness is called to the stand

Objections to admissibility; when made – RULE 129 - WHAT NEED NOT BE PROVED
1. at the time such evidence is offered; or

2. as soon as the objection to its admissibility shall become apparent Judicial notice – is the cognizance of certain facts which judges may properly take and
act on without proof because they already know them

Doctrines or rules of admissibility  Judicial notice is equivalent to proof – displaces evidence

1. Conditional admissibility – where the evidence at the time of its offer appears to Judicial notice when mandatory –
be immaterial or irrelevant unless it is connected with the other facts to be 1. existence and territorial extent of states
subsequently proved, such evidence may be received on condition that the other 2. their political history
facts will be proved thereafter, otherwise the evidence already given will be 3. forms of government and symbols of nationality
stricken out 4. law of nations
5. admiralty and maritime courts of the world and their seals
2. Multiple admissibility – where the evidence is relevant and competent for two or 6. political constitution and history of the Philippines
more purposes, such evidence should be admitted for any or all the purposes for 7. official acts of the legislative, executive and judicial departments of the
which it is offered provided it satisfies all the requirements of law for its Philippines
admissibility therefore. 8. laws of nature
9. measure of time
3. Curative admissibility – the right of a party to introduce incompetent evidence in 10. geographical divisions
his behalf where the court has admitted the same kind of evidence adduced by
the adverse party

a. American rule – the admission of such incompetent evidence, without Judicial notice when discretionary –
objection by the opponent, does not justify such opponent in rebutting 1. matters which are public knowledge
it by similar incompetent evidence 2. those that are capable of unquestionable demonstration
3. those that ought to be known to judges because of their judicial functions
b. English rule – if a party has presented inadmissible evidence, the
adverse party may resort to similar inadmissible evidence
judicial notice when hearing necessary –
c. Massachusetts rule – wherein the adverse party may be permitted to 1. during the trial – on any matter
introduce similar incompetent evidence in order to avoid a plain and 2. after trial and before judgment or on appeal – on any matter decisive of a
unfair prejudice caused by the admission of the other party’s evidence material issue in the case

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o if made in another case or another court – must be proved as in the

case of any other fact
rule with respect to ordinances  exceptions; when still not admissible –
1. municipal trial courts – required to take judicial notice of ordinances of the 1. admissions were made only for the purpose of the
municipality or city where they sit first case
2. same were withdrawn with the permission of the
2. regional trial courts – must take judicial notice court therein; or
a. when required to do so by statute 3. the court deems it proper to relieve the party
b. in case of appeal before them wherein the inferior court took judicial therefrom
notice of an ordinance involved in the case
 admissions in a pleading that was withdrawn or superseded by an amended pleading
3. appellate courts – may take judicial notice because these facts are capable of – considered extrajudicial admissions and must be proved.
unquestionable demonstration
 Judicial admissions may not be contradicted by the admitter unless –
o Made through palpable mistake
 courts are required to take judicial notice of decisions of appellate courts but not of o No such admission was made; or
coordinate trial courts o To prevent manifest injustice
o not even of a decision involved in another case tried by the same court
unless the parties introduce the same as evidence or as a matter of
convenience the court decides to do so RULE 130 – RULES OF ADMISSIBILITY

 Gen. Rule – foreign laws may not be taken judicial notice of and have to be proved
like any other fact
o Exception – where laws are within the actual knowledge of the court or
have been ruled upon in other cases before it and none of the parties claim
otherwise
To prove a written foreign law –
1. by an official publication
2. by a duly attested and authenticated copy
doctrine of processual presumption – the foreign law is presumed to be the
same as that in the Philippines absent any evidence or admission to the contrary
a. object (real) evidence
Object evidence – those addressed to the senses of the court
 Where the object is relevant, it may be exhibited to, examined or viewed by the
court
 Includes any article which may be known or perceived by the use of any of the
senses – includes examination of anatomy of a person or taking of a substance
therefrom

 Includes any object which may be know by the senses

judicial admissions – admission, verbal or written, made by a party in the course of the
proceedings in the same case, does not require proof.  An ocular inspection by the judge without notice to or the presence of the
parties is invalid
Judicial admissions may be made –
1. in the pleadings filed by the parties
 In the case of documents –
2. in the course of the trial either by verbal or written manifestations or stipulations
1. object evidence - if purpose is to prove their existence, condition
3. in other stages of the judicial proceedings (pre-trial etc)
or nature of handwritings

2. documentary evidence – if purpose is to establish the contents or

 to be considered as a judicial admission, it must be made in the same case in which it tenor thereof
is offered

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from another at or near the time of the transaction – all copies are originals
 value of photographs as evidence – determined by its accuracy
o photographer must be presented to determine its veracity
o witnesses, other than the taker, may also testify on the photograph
o witness must testify on the circumstances surrounding the photorgraph
and depict clearly the scene
o for its admissibility the photograph must be relevant to the issue

When court may refuse the introduction of object evidence – exceptions to the best evidence rule
1. the exhibition of such is contrary to public policy, morals or decency
2. would result in delay, inconvenience and necessary expenses out of 1. when the original has been lost or destroyed or cannot be
proportion to its evidentiary value produced in court, without bad faith on the part of the offeror
3. such object would be confusing or misleading
4. testimonial or documentary evidence already presented clearly requisites for admissibility of secondary evidence
portrays the object in question as to render a view unnecessary
a. proof of due execution of the original

how proven: testimony of either

b. documentary evidence 1. person who executed it
2. person before whom its execution is
acknowledged; or
3. any person who was present and saw it executed
documentary evidence – consists of writings or any material containing letters, words,
and delivered
numbers, figures, symbols or other modes of written expressions offered as proof of their
contents
b. proof of loss, destruction or unavailability of all such
originals; and
BEST EVIDENCE RULE – secondary evidence cannot inceptively be introduced as the
original writing itself must be produced in court  all duplicates or copies must be accounted for first
 rule of exclusion
c. reasonable diligence and good faith in the search for or
 applies to documentary evidence only – content is subject of inquiry
attempt to produce the original
 affidavits and depositions – not considered as best evidence hence not
admissible if the affiants or deponents are available as witnesses 2. when the original is in the custody or under the control of the
party against whom the evidence is offered and the latter fails to
 duplicate original – signed carbon copy or duplicate of a document executed at produce it after reasonable notice
the same time as the original, no need to account for original copy
o but imperfect carbon copies are secondary evidence  requisites –
 docu must be in the possession of the other party
 reasonable notice to the other party to produce the
What constitutes the “original” docu
1. one the contents of which are the subject of inquiry  satisfactory proof of its existence
 failure or refusal to produce docu
2. when the document is in 2 or more copies executed at or about the same time
with identical contents – all copies are originals  no particular form of notice is required
3. when an entry is repeated in the regular course of business, one being copied

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 justified refusal or failure of the adverse party to produce
document does not give rise to the presumption of
suppression of evidence – it only authorized the introduction
of secondary evidence
 where such document is produced –
 not necessarily admissible for evidence unless
requisites are met;
 nor is the party who sought its production obliged
to offer it as evidence
 where the nature of the action itself is a notice, as where it is
for the recovery of documents wrongfully obtained, no
notice to produce documents is required
3. when the original consists of numerous accounts or
documents which cannot be examined in court without great loss
of time and the fact sought to be established from them is only the
general result of the whole
requisites for exception to apply –
 voluminous character of the records must be
established; and
 such records must be made accessible to the adverse
party so their correctness may be tested on cross
examination
4. when the original is a public record in the custody of a public
officer or is recorded in a public office
 reason – such document may be evidenced by an official
publication thereof or by a copy attested by the officer
having the legal custody of the record [sec. 24 rule 132]
Secondary Evidence
 when original is outside the jurisdiction of the court, as when it is in a foreign
country, secondary evidence is admissible
 secondary evidence is inadmissible when the party offering it had himself
destroyed the original
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 cannot be introduced when the primary evidence is inadmissible even when
produced
 however, when the law specifically provides for the class and quantum of
secondary evidence to establish the contents of a document or bars secondary
evidence such requirement is controlling
example: lost notarial will – at least 2 credible witnesses
kinds of secondary evidence:
1. a copy of said document
2. a recital of its contents in an authentic document
3. the recollection of witnesses
Parol Evidence Rule – the rule forbids any addition or contradiction of the terms of a
written instrument by testimony, purporting to show that, at or before the signing, of the
document, other or different terms were orally agreed upon by the parties.
 Not binding upon strangers to a contract – may not be invoked if at least one of
the parties to the suit is not a party or privy of a party to the written instrument –
stranger can introduce parol evidence
 Inadmissible to validate a void or illegal contract
Exceptions to the parol evidence rule – admissible when any of the following is put
in issue in the pleading
1. intrinsic ambiguity, mistake or imperfection in the written agreement
 latent ambiguity – uncertainty which does not appear on the face of
the instrument
 extrinsic ambiguity – uncertainty that is arises at once on the reading
of the contract {excluded bec. Courts can only construe a contract not
create one}
 requisites for p.e. to be admissible based on mistake
i. mistake should be of fact
ii. mistake should be mutual to both parties
iii. mistake should be alleged and proved by clear and
convincing evidence
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2. failure of the written agreement to express the true intent and
agreement of the parties
 if the written contract is so ambiguous or obscure in terms that all
contractual intentions of the parties cannot be understood from a mere
inspection of the instrument
 condition precedent – when the operation of a contract is made to
depend upon the occurrence of an event, such may be established by
p.e.
3. the validity of the written agreement
 due execution of a writing may be proven by p.e.
 p.e. may be introduced to prove inducements and representations
which led to the execution of an agreement
 gen. rule – p.e. may not be introduced to prove oral stipulation prior to
or contemporaneous with such agreement which may affect what is
written
 exception – party may prove the existence of any separate,
oral agreement as to any matter on which the docu is silent
and which is not inconsistent with its terms; must relate to a
subj distinct from that to which the written contract applies
4. existence of other terms agreed by the parties or their successors-in-
interest after the execution of the written agreement
 recognizes the right of parties to change or abrogate their agreements
or to make a new and independent contract
 can be used to show that a k never became effective by reason of the
failure of some collateral condition or stipulation prerequisite to
liability
INTERPRETATION OF DOCUMENTS; RULES –
1. writing is interpreted accdg to its legal meaning at the place of execution unless
the parties intended otherwise
2. the various provisions of an instrument should be construed together so as to
give effect to all
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3. intention of the parties should be ascertained and pursued. If a gen and a
particular provision should conflict, the particular prevails
4. the circumstances surrounding the execution of the instrument should be
considered to ascertain the true intention of the parties
5. in construing a writing, the words employed would be given their primary and
general acceptation unless intended otherwise
6. if written words are inconsistent with those printed, the written ones prevail
7. evidence of persons skilled in deciphering the characters of a written instrument
or who understand the language not understood by the court is admissible to
declare the characters or the meaning of the language
8. when the terms of the agreement were intended in a diff sense by the parties to
it, the sense which either party supposed the other understood it should prevail;
interpretations of obscure terms are construed against the party who caused the
obscurity
9. if two interpretations are equally possible, the instrument should be construed in
favor of a natural right
10. usage or custom may determine the true character of the instrument
c. testimonial evidence
qualification of witnesses – all persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses
religious or political belief, interest in the outcome of the case, or conviction of a
crime unless otherwise provided by law, shall not be a ground for disqualification
 competency of witness – legal fitness or ability of a witness to be heard on
the trial of a cause
 gen. rule – a witness is presumed to be competent
 who determines competency – trial judge
disqualification by reason of mental incapacity or immaturity
1. those whose mental condition, at the time of their production for examination, is
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such that they are incapable of intelligently making known their perception to
others
 survivorship disqualification rule or dead man statute

o idiots are incompetent witnesses  applies only to civil cases or special proceedings over the estate of a deceased or
insane person
o deaf and dumb as competent witnesses – if they are able to communicate
the facts to others, of sufficient mental capacity to observe the matters to  requisites for application of rule –
which they will testify and to appreciate the obligation of an oath
a. the witness offered for examination is a party plaintiff, or the assignor
of said party, or a person in whose behalf a case is prosecuted
2. children, whose mental maturity is such as to render them incapable of
perceiving facts respecting which they are examined and of relating them
 no application to a mere witness
truthfully
b. the case is against the executor or administrator or other representative
o must be competent both during the time he is asked to testify and also at the
of a person deceased or of unsound mind
time the fact to be testified to occurred
 can still apply even if property has already been judicially
adjudicated to the heirs – they are considered representatives
disqualification by reason of marriage of the deceased
 spousal immunity or marital disqualification  rule applies as long as the deceased is already dead at the
 reason for rule – to preserve the marriage relation
time the testimony is sought to be given

 applies to any form of testimony – admission, production of documents etc c. the case is upon a claim or demand against the estate of such person
who is deceased or of unsound mind
 who has the right to invoke the disqualification? – the spouse for or against d. the testimony to be given is on a matter of fact occurring before the
whom the testimony of the other is offered and is a party to the case death of such deceased person or before he became of unsound mind
 when does disqualification cease? – death or divorce of one spouse  negative testimony – that a fact did not occur during the
lifetime of the deceased; not covered by prohibition
 the reason for marrying the complainant is immaterial for purposes of applying  purpose of rule – discourage perjury and protect the estate
the rule – as long as there is a valid marriage the disqualification still applies from fictitious claims
 exceptions; when the prohibition does not apply even if all 4
 requisites for application of rule – requisites are present –
a. the marriage is valid and existing as of the time of the offer of i. testimony is offered to prove a claim less than
testimony what is established under a written docu
b. the other spouse is a party to the action
ii. it is intended to prove a fraudulent transaction of
 exceptions
the deceased
a. in a civil case by one against the other
b. criminal case for a crime committed by one against the other or the
latter’s direct descendants or ascendants  waiver of disqualification; how made –
i. does not object to the admission of such evidence;
or
disqualification by reason of death or insanity of adverse party
ii. testifies on the prohibited matters; or

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iii. cross-examines the witness

 requisites –
i. there is an attorney-client relation

ii. privilege is invoked with respect to a confidential

disqualification by reason of privileged communication communication between them in the course of professional
employment
A. marital privilege
iii. the client has not given his content to the attorney’s testimony;
 requisites – or if the attorney’s secretary is sought to be examined, that
i. there was a valid marital relation both the client and the attorney have not given their consent

ii. privilege invoked with respect to a confidential communication

between the spouses during the said marriage
 when privilege not applicable; kind of communications –
i. those intended to be made public
iii. the spouse against whom such evidence is being offered has ii. intended to be communicated to others
not given his consent to such testimony iii. intended for an unlawful purpose
iv. received from 3rd persons not acting in behalf or agents of the
client
 privilege is lost if the communication is overheard or comes into the v. made in the presence of 3rd parties who are strangers to the
hands of a 3rd party whether legally or not unless there was voluntary attorney-client rel.
disclosure by one spouse or collusion
 preliminary communications made for the purpose of creating the atty-
 all marital communications are presumed to be confidential unless client are included – even if he doesn’t become counsel afterwards
proven otherwise
 does not apply when the spouses are living separately unless there is a
C. physician-patient privilege
possibility of reconciliation
 rule not applicable to dying declarations – made for the express
 requisites
i. physician is authorized to practice medicine, surgery or
purpose that it may be communicated after his death to authorities obstetrics
concerned
ii. information was acquired or the advise/treatment was given by
him in his professional capacity for the purpose of
Marital disqualification Marital privilege treating/curing the patient

Can be invoked only if one spouse is a Can be claimed whether or not the spouse iii. the info/advise/treatment, if revealed, would blacken the
party to the action is a party to the action reputation of the patient

Applies only if the marriage is
existing at the time the testimony is
offered
Total prohibition against any
testimony
Can be claimed even after the marriage has
been dissolved
Applies only to confidential
communication between the spouses
iv. privilege is invoked in a civil case, whether patient is a party or
not
 physical and mental examinations ordered by the court are intended to
be public thus not covered
 results of autopsies – not covered

B. attorney-client privilege

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D. minister/priest Can only be made by the accused himself,

May be made by 3rd persons and in certain
and in some instances are admissible
 must be made pursuant to a religious duty cases are admissible against a party
against his co-accused
 must be confidential and penitential in character

 Requisites for admissions to be admissible –

E. state secrets I. involve matters of fact
 requisites II. categorical and definite
i. it was made to the public officer in official confidence
ii. public interest would suffer by the disclosure of such III. knowingly and voluntarily made
communication
IV. adverse to the admitter’s interest

 admissions may be verbal or written, express or tacit, judicial or extrajudicial

testimonial privilege

parental and filial privilege – no person may be compelled to testify against his
parents, other direct ascendants, children or other direct descendants.
 A privilege not to testify – not a rule of disqualification
 Exception – descendant may be compelled to testify against his
parents/grandparents if such testimony is indispensable in prosecuting a
crime against the descendant or by one parent against the other
 Applies to both civil and criminal actions
Admissions and confessions
Admission – is any statement of fact made by a party against his interest or unfavorable to
the conclusion for which he contends or is inconsistent with the facts alleged by him
Confession – a categorical acknowledgment of guilty made by an accused in a criminal
case, without any exculpatory statement or explanation
Admission Confession
Statement of fact which does not involve an Involves an acknowledgment of guilt or
acknowledgment of guilt or liability liability
Must always be express
May be express or implied
 how to introduce admissions as evidence –
 independent evidence – admissions are original evidence and no foundation
necessary for their introduction in evidence
 impeaching evidence – need to lay the basis or foundation for the
introduction of the evidence otherwise inadmissible
 ask witness question first and prove he’s lying by impeaching
him with evidence
 self-serving declaration – one made extrajudicially by the party to favor his interest;
not admissible
 does not include his testimony as a witness in court
 diaries – as a rule considered self serving unless when it contains
adverse accounts
gen. rule: self serving declarations are inadmissible
exceptions:
1. when they form part of the res gestae including spontaneous,
verbal acts
2. when such declarations are in the form of complaints or
exclamations of pain
3. when they are part of the confession offered by the
prosecution
4. offered by the opposing party
5. no objection raised
 flight from justice – admission by conduct and circumstancial evidence of

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consciousness of guilt
“RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET” - Things done between
strangers ought not to injure others
Admissions Declaration against interest
 First branch – rights of a party cannot be prejudiced by an act, declaration,
not necessary Made against the proprietary or pecuniary or omission of another
interest of the parties
 Second branch – evidence that one did or did not do a certain thing at one
time is not admissible to prove that he did or did not do the same or a
made by the party himself made by a person who is either deceased or similar thing at another tim
unable to testify rights of a party cannot be prejudiced by an act, declaration, or omission of another:
can be made any time Made ante litem motam (“spoken before a exceptions –
lawsuit is brought”)
1. third person is a partner, agent, joint owner, joint debtor or has a joint
Compromise – an agreement made between two or more parties as a settlement of matters interest with the party
in dispute
 requisites
I. partnership, agency or joint interest is established by evidence
Offer of compromise other than the act or declaration
A. civil cases II. the act or declaration is within the scope of the p/a/ji
Gen. rule: compromise is not an admission of liability III. such act or declaration must have been made during the
Exception: if there is a clear admission of liability existence of the p/a/ji

B. criminal cases
gen. rule: offer of compromise is an implied admission of guilt
exception:
1. criminal cases where compromise is allowed by law
2. criminal cases involving quasi-offenses [criminal
negligence]
2.
 rape cases
 compromised by marriage – extinguishes liability
 compromised by money – implied admission of guilt
 offer of marriage during the investigation – implied admission of
guilt
 offer to pay or actual payment of medical, hospital or other expenses is not
admissible to prove civil or criminal liability
 plea of guilty later withdrawn, or unaccepted offer of a plea of guilty to a
lesser offense – not admissible
 admissions made in connection with the winding up of partnership
affairs are still admissible
 admissions by counsel – admissible against the client as an agent of
the client provided it does not amount to a compromise
co-conspirator
 conspiracy – when two or more persons come to an agreement
concerning the commission of a felony and decide to commit it
 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
 rule applies only to extrajudicial acts or statements and not to those
given at the witness stand
 direct proof is not essential to prove conspiracy
 requisites
I. such conspiracy be first proved by evidence other than the
confession
II. confession be made after, not before, the formation of such

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unlawful agreement and before, not under, it has come to an

end
 when the rule does not apply –
III. the confession be made in furtherance of the objects of the  when party was not allowed to be heard or comment
conspiracy  where the party had a justifiable reason to remain silent

 confession made before the formation of the conspiracy or after it Confession - the declaration of the accused acknowledging his guilt of the offense
had been brought to an end, constitutes evidence only against the charged, or of any offense necessarily included therein, may be given in evidence against
one who made it him

3. privy of the party

 may either be oral or in writing

 admission by predecessor-in-interest is binding upon his successors-
in-interest
 requisites
I. there must be a relation of privity between the party and the
declarant
II. admission was made by the declarant as predecessor-in-interest
while holding title to the property
III. the admission is in relation to said property
admission by silence – an act or 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 or possible for him to
do so, may be given in evidence against him
 may either be judicial or extrajudicial
 requisites for confession to be admissible –
I. confession must involve an express and categorical acknowledgment of
guilt
II. the facts admitted must be constitutive of a criminal offense
III. the confession must have been voluntarily given
 test for validity of a confessions – that it was voluntarily and
freely made
 confession based on promise of reward or leniency
 if made by person who is in a position to promise
– not admissible


 applicable in criminal as well as civil cases
if made by person who is not in a position – still
admissible
 requisites
I. he must have heard or observed the act or declaration of the other person  indicia of the voluntariness of a confession –
 contains details which the police could not have
II. he must have had the opportunity and necessity to deny it supplied or invented
III. he must have understood the statement  contains details which could have only been
known to the accused
IV. statement must refer to a matter affecting his right
 contains statements which are exculpatory in
V. the facts were within his knowledge; and nature
VI. the fact admitted or the inference to be drawn from his silence is material  contains corrections made by the accused in his
to the issue handwriting

 accused is sufficiently educated and aware of the

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consequences of his act thing is, if rejected without valid cause, equivalent to tender of money.

 made in the presence of impartial witnesses and  Tender must be accompanied by consignation in order to be considered valid
accused acting normal payment

 lack of motive on the part of investigators to

extract a confession
Testimonial knowledge
 contents of the confession were affirmed by the
accused in his voluntary participation in the Hearsay evidence rule – a witness can testify only to those facts which he knows of his
reenactment personal knowledge; that is which are derived from his own perception.

 Hearsay evidence is excluded because the party against whom it is presented is

IV. the confession must have been intelligently made deprived of the right and opportunity to cross-examine the person to whom the
statement or writing is attributed
V. there must have been no violation of Sec. 12, Art. III of the 1987
Constitution [custodial investigation]  Hearsay evidence not objected to may be admissible but will still have no
 waiver of the right to counsel during c.i. must be made with
probative value
the assistance of counsel  Doctrine of independently relevant statements – independent of whether the
 a confession obtained from a person who has not been facts stated are true or not, they are relevant since they are the facts in issue or
informed of his right to silence and counsel is inadmissible are circumstantial evidence of the facts in issue
but they are admissible against the persons who violated the
constitutional prohibition o where the statements or writings attributed to a person who is not on
the witness stand are being offered not to prove the truth of the facts
stated but only to prove that those statements were actually made such
Previous conduct as evidence evidence is not covered by the hearsay evidence rule

Similar acts as evidence – evidence that one did or did not do a certain thing at one time
is not admissible to prove that he did or did not do the same or similar thing at another exceptions to the hearsay evidence rule
time
1. dying declaration

Exceptions: when the evidence of similar acts may prove –  also know as an antemortem statement or a statement in articulo mortis
1. a specific intent or knowledge
2. identity  requisites for admissibility
3. plan, system or scheme o death is imminent and declarant is conscious of that fact
4. a specific habit
5. established customs, usage and the like o declaration refers to the cause and surrounding circumstance of
such death
 evidence of a another crime is admissible in a prosecution for robbery only to
identify the accused or show his presence at the scene of the crime but not if the o declaration relates to facts which the victim is competent to
evidence is to prove that he committed another crime wholly independent of that testify
for which he is on trial
o declaration is offered in a case wherein declarant’s death is the
unaccepted offer – offer in writing to pay a particular sum of money or deliver a specific subject of inquiry

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may be proved by the reputation or tradition existing in his family or by entries

 dying declarations are admissible in any proceeding in family bibles etc.

 a dying declaration is not considered a confidential communication  requisites

between spouses o witness testifying must be a member, by affinity or consanguinity
of the same family as the subject
o such reputation or tradition existed in the family ante litem
2. declaration against interest motam

Admissions against interest Declarations against interest 5. common reputation – is the definite opinion of the community in which the
fact to be proved is known or exists
Made by a party to a litigation or by a Made by a person neither a party nor
privy or agent privy  common reputation is admissible to prove –
Admissible whether or not the Admissible only when the declarant o facts of public or general interest more than 30 years old
declarant is available as a witness unavailable as a witness  public interest – national interest
 general interest – affecting inhabitants of a particular
 requisites for admissibility – community
o declarant is dead or unable to testify o marriage
o relates to a fact against the interest of the declarant o moral character
o at the time he made said declaration, declarant was aware that the
same was contrary to his interest  common reputation must have existed ante litem motam
o declarant had no motive to falsify and believed such declaration
to be true  character of a person is permitted to be established by his common
reputation
 opposite of a self-serving declaration o character – inherent qualities of a person
o reputation – opinion of him by others

3. act or declaration about pedigree – pedigree of a person may be proved by the

act or declaration of a relative 6. res gestae – “things done”

 requisites for admissibility –  refers to –

o actor or declarant is dead or unable to testify
o act or declaration is made by a person related to the subject by
birth or marriage
o relationship between the declarant and subject is shown by
evidence other than such act or declaration
o act or declaration was made ante litem motam or prior to the
controversy
 pedigree – includes relationship, family geneology, birth, marriage, death,
the dates when and the places where these facts occurred, and the names of
relatives.
o spontaneous statements in connection with a startling occurrence
relating to a fact and in effect forming part thereof
o statements accompanying an equivocal act – verbal act
 requisites for admission of the first type –
o the principal act be a startling occurrence
o statements must be spontaneous
o made while the startling occurrence is taking place or
immediately prior or subsequent thereto
o statements refer to the occurrence in question and its attending
circumstances

4. family reputation or tradition regarding pedigree – the pedigree of a person

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 requisites for verbal acts to be admissible –  requisites

o the principal act must be equivocal o made by a public officer in the performance of his duties or by a
o act must be material to the issue person in the performance of a duty specially enjoined by law
o the statements must accompany the equivocal act o entrant had personal knowledge of the facts stated by him
o statements five a legal significance to the equivocal act o entries were duly entered in a regular manner in the official
o verbal act must have been made at the time, and not after , the records
equivocal act was being performed
Entries in the course of business Entries in official records
 statement must have been made while the declarant was under the
Entrant made the entries pursuant to a duty, entrant, if private individual, must have
immediate influence of the startling occurence
either legal, moral or religious acted pursuant to a specific legal duty

Res gestae
Made by killer himself or 3rd person
Statement may precede, accompany, or
be made after the act was committed
Trustworthiness is based on the
spontaneity of statement
Dying declaration
Can be made only by the victim
made only after the attack has been
committed
Based on its being given under the
awareness of impending death
To be admissible, entrant must be dead or Entrant may be alive and available
unable to testify
 baptismal certificates are not public or official records and are not proof of
relationship or filiation of the child baptized

 while statements of a victim may not qualify as a dying declaration because 9. commercial lists
not made under the consciousness of impending death it may still be
admitted as part of res gestae  evidence of statements of matters of interest to persons engaged in an
occupation contained in a list is admissible as tending to prove the truth of
any relevant matter so stated if that list is published for use by persons
engaged in that occupation and is generally used and relied upon by them
7. entries in the course of business
10. learned treatises
 requisites for admissibility of entries
o person who made entry is dead or unable to testify  learned treatise are admissible if –
o entries were made at or near the time of the transactions to which o court takes judicial notice thereof
they refer o same are testified to by a witness expert on the subject
o entrant was in a position to know the facts stated in the entries
o entries were made in his professional capacity or in the
performance of a duty 11. testimony or deposition at a former proceeding
o entries were made in the ordinary or regular course of business or
duty  requisites for admissibility –
o witness is dead or unable to testify
 if the entrant is available as witness, the said entries will not be admitted as
an exception but may be availed of by entrant as a memorandum to refresh o testimony or deposition was given in a former case or
his memory proceeding, judicial or administrative, between the same parties
or those representing the same interests

8. entries in official records o former case involved the same subject

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o issue testified to by the witness in the former trial is the same b. opinion of ordinary witness; regarding –
issue involved in the present case o the identity of a person about whom he has adequate knowledge

o adverse party had the opportunity to cross-examine the witness in o a handwriting with which he has sufficient familiarity
the former case
o the mental sanity of a person with whom he is sufficiently acquainted
 subsequent failure or refusal to testify in 2 nd case does not amount to
inability to testify\ o emotion, behavior, condition or appearance of a person he has
observed
 admissibility of prior judgment – the findings of fact made by court in the
decision are not binding upon the parties to the 2 nd case. The judgment can
only prove the fact of conviction

opinon rule
character evidence
the opinion of a witness is not admissible: except –
a. opinion of an expert witness a. in criminal cases
o on a matter requiring special knowledge, skill, experience or training
which he is shown to possess a. accused may prove his good moral character which is pertinent to the
moral trait involved in the offense
o courts are not necessarily bound by the expert’s findings – only when i. prosecution can introduce evidence of bad moral character only
subject is technical in nature as rebuttal

o evidence by comparison of handwriting is very unreliable – opinions b. good or bad moral character of the offended party may always be proved
of handwriting experts are not binding as long as it tends to establish the probability or improbability of offense
charged
o paraffin test – the only thing it can definitely establish is the presence  proof of bad character of victim is not admissible in a crime
or absence of nitrates on the hand committed with treachery or premeditation
 not conclusive as to whether accused fired a gun or not
b. civil cases
o results of blood grouping – admissible and conclusive on the non-
paternity of a person over the child a. moral character of either party is admissible only when pertinent to the
 inconclusive to affirm paternity issue of character involved in the case

o probative value of dna evidence; what to consider –

 how samples were collected c. both civil and criminal
 how they were handled a. bad moral character of a witness may always be proved by either party but
 the possibility of contamination of samples not evidence of good character unless impeached
 the procedure followed in analyzing samples
 determination of whether the proper standards and
procedures were followed in conducting the tests
 qualifications of the analyst who conducted the test [people RULE 131 – BURDEN OF PROOF AND PRESUMPTIONS
v. yatar]
1. burden of proof

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 role of judicial notice and admissions – proponent does not have to introduce
burden of proof – is the duty of a party to present evidence on the facts in issue necessary any evidence
to establish his claim or defense by the amount of evidence required by law
 classification of presumptions
quantum of evidence required o presumptions of law – certain inference must be made whenever the
a. criminal cases - proof beyond reasonable doubt - facts appear which furnish the basis of the inference
b. civil cases – preponderance of evidence  conclusive or absolute
c. administrative cases – substantial evidence  disputable or rebuttable
 civil cases - burden of proof is on the party who would be defeated if no
evidence were given on either side
o presumptions of fact – discretion is vested in the tribunal as to
 criminal cases – burden of proof is always on the prosecution drawing the inference

 negative allegations – do not have to prove proved except where such negative
allegation is an essential element of a crime or offense 1. conclusive presumptions – based on the doctrine of estoppel

 burden of evidence –lies with the party who asserts an affirmative allegation a. whenever a party has, by his own act or declaration, intentionally and
deliberately led another to believe a particular thing true, and to act upon
such belief, he cannot, in any litigation arising out of such declaration or
burden of proof Burden of evidence act, be permitted to falsify it
Does not shift Shifts from party to party depending upon
b. the tenant is not permitted to deny the title of his landlord at the time of the
the exigencies of the case during trial
commencement of the relation of landlord and tenant between them
Generally determined by the pleadings filed Determined by the developments at the trial
by the party 2. disputable presumptions – deemed satisfactory if uncontradicted by may be
contradicted and overcome by other evidence
a. That a person is innocent of crime or wrong;

2. what need not be proved b. That an unlawful act was done with an unlawful intent;

c. That a person intends the ordinary consequences of his voluntary act;

facts need not be proved
1. facts which are presumed d. That a person takes ordinary care of his concerns;
2. facts which are of judicial notice
3. facts which are judicially admitted e. That evidence willfully suppressed would be adverse if produced; -
evidence must be material

Facts which are presumed f. That money paid by one to another was due to the latter;

Presumption – is an inference of the existence or non-existence of a fact which the courts g. That a thing delivered by one to another belonged to the latter;
are permitted to draw form the proof of other facts
h. That an obligation delivered up to the debtor has been paid;
 role of presumptions – proponent still has to introduce evidence of the basis of
the presumption i. That prior rents or installments had been paid when a receipt for the later

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one is produced; The following shall be considered dead for all purposes including the
division of the estate among the heirs:
j. That a person found in possession of a thing taken in the doing of a recent
wrongful act is the taker and the doer of the whole act; otherwise, that 1. A person on board a lost vessel or aircraft who has not been heard
things which a person possess, or exercises acts of ownership over, are of for 4 years since the loss of the vessel or aircraft;
owned by him;
2. A member of the armed forces who has taken part in armed
k. That a person in possession of an order on himself for the payment of the hostilities, and has been missing for 4 years;
money, or the delivery of anything, has paid the money or delivered the
thing accordingly; 3. A person who has been in danger of death under other
circumstances and whose existence has not been known for 4 years;
l. That a person acting in a public office was regularly appointed or elected to
it; 4. If a married person has been absent for 4 consecutive years, the
spouse present may contract a subsequent marriage if he or she has
m. That official duty has been regularly performed; well-founded belief that the absent spouse is already death.

n. That a court, or judge acting as such, whether in the Philippines or  In case there is danger of death – 2 years only
elsewhere, was acting in the lawful exercise of jurisdiction;
 Must institute summary proceedings for declaration of
o. That all the matters within an issue raised in a case were laid before the presumptive death to remarry
court and passed upon by it
 Qualified absence – considered dead at the start of the 4 year period
p. That private transactions have been fair and regular;
x. That acquiescence resulted from a belief that the thing acquiesced in was
q. That the ordinary course of business has been followed; conformable to the law or fact;

r. That there was a sufficient consideration for a contract; y. That things have happened according to the ordinary course of nature and
ordinary nature habits of life;
s. That a negotiable instrument was given or indorsed for a sufficient
consideration; z. That persons acting as copartners have entered into a contract of co-partneship;

t. That an endorsement of negotiable instrument was made before the aa. That a man and woman deporting themselves as husband and wife have entered
instrument was overdue and at the place where the instrument is dated; into a lawful contract of marriage;

u. That a writing is truly dated; bb. That property acquired by a man and a woman who are capacitated to marry
each other and who live as husband and wife without the benefit of marriage or
v. That a letter duly directed and mailed was received in the regular course of under void marriage, has been obtained by their joint efforts, work or industry.
the mail;
cc. That in cases of cohabitation by a man and a woman who are not capacitated to
marry each other and who have acquire properly through their actual joint
w. That after an absence of seven years, it being unknown whether or not the
contribution of money, property or industry, such contributions and their
absentee still lives, he is considered dead for all purposes, except for those
corresponding shares including joint deposits of money and evidences of credit
of succession.
are equal.b
For purposes of succession – considered dead after 10 years
dd. That if the marriage is terminated and the mother contracted another marriage
 if over 75 years – considered dead after 5yrs
within three hundred days after such termination of the former marriage, these
rules shall govern in the absence of proof to the contrary:

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(1) child born within 180 days after 2 nd marriage and within 300 days after
termination of 2nd marriage – child of 1st marriage
(2)A child born after 180 days form 2 nd marriage and within 300 days after
1st marriage - child of 2nd marriage
kk. If there is doubt as to who died first between persons who are called to succeed
each other who ever alleges the death of one shall prove the same; in the absence
of proof they shall be considered to have died at the same time

 Child born after 300 days from dissolution or separation – no

presumption of legitimacy or illegitimacy. Whoever alleges must
prove it. RULE 132 – PRESENTATION OF EVIDENCE

ee. That a thing once proved to exist continues as long as is usual with things of the
nature;
1. examination of witness
ff. That the law has been obeyed;

gg. That a printed or published book, purporting to be printed or published by public

authority, was so printed or published;  Examination of witness – shall be done in open court and under oath or affirmation.

hh. That a printed or published book, purporting contain reports of cases adjudged
in tribunals of the country where the book is published, contains correct reports
of such cases;
ii. That a trustee or other person whose duty it was to convey real property to a
particular person has actually conveyed it to him when such presumption is
necessary to perfect the title of such person or his successor in interest;
 Entire proceedings of a trial or hearing are to be recorded
 Mere presentation of affidavits of prosecution witnesses subject to cross-examination
is not allowed except for summary procedures
 Testimony of a witness in court cannot be considered self-serving since he can be
subject to cross-examination

jj. That except for purposes of succession, when two persons perish in the same
calamity and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined
from the probabilities resulting from the strength and the age of the sexes,
according to the following rules:
1.If both under 15 yrs old - the older is deemed to have survived;
2. if both above 60 years old - the younger is deemed to have
survived;
3. If one is under 15 and the other above 60 - the younger is deemed
to have survived;
o Self-serving evidence is one made out of court
 Obligation of a witness – a witness cannot refuse to answer questions material to the
inquiry even if it may tend to establish a claim against him
 Rights of a witness –
o To be protected from irrelevant, improper or insulting questions or
from harsh demeanor
o Not to be detained longer than required
o Not to be examined except only as to matters pertinent to issue

4. If both be 16 - 59 , and the sex be different, - the male is deemed to o Not to give an answer which will tend to subject him to a penalty for
have survived, if the sex be the same, the older; an offense unless otherwise provided by law

5. If one be under 15 or over 60, and the other between those ages, the o Not to give an answer which will tend to degrade his reputation unless
latter is deemed to have survived. it be the very fact at issue. But a witness must answer to the fact of his
previous final conviction for an offense

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direct examination – is the examination-in-chief of a witness by the party presenting him

on the facts relevant to the issue
Right against self-incrimination

 Available in criminal, civil or administrative cases

cross examination – witness is questioned by adverse party
 Granted only in favor of individuals
 purpose – to test his accuracy and truthfulness or to elicit from him any
 Beltran v. Samson – accused took stand and denied authorship of alleged important fact bearing upon the issue
falsified signature; he waived his right against self-incrimination and can be
compelled to give sample of handwriting  extent – as to any matters stated in the direct examination or connected therewith

 Bermudez v. Castillo – complainant on cross denied authorship of handwritten
letters. She could not be compelled to give sample of handwriting as right to S.I.
was not waived since she did not open the issue with respect to the letters in her
direct.
 Right is granted unless otherwise provided by law
Exceptions refer to immunity statutes
 Use immunity – prohibits the use of the witness’ compelled
testimony and its fruits in any manner in connection with the
criminal prosecution of witness
 American rule – cross-examination must be confined to the matters inquired
about in the direct examination
 English rule – a witness may be examined not only upon matters testified to by
him on his direct but also on all matters relevant to the issue
o Phil. rule is more accord with this.
 Misleading – question assumes facts not on record
 When cross cannot be done or completed due to causes attributable to party who
offered the witness, the uncompleted testimony is rendered incompetent

 if there are other evidence witness can still be o But if witness was extensively cross-examined on the essential
prosecuted for offense elements of the crime, his failure to appear for further cross would not
warrant the striking out of his direct

 Transactional immunity – grants immunity to the witness from

prosecution for an offense to which his compelled testimony  General rule: where all the sides in the case have concluded their examination of the
relates witness, his recall for further examination is discretionary

o Exceptions: when recall is a matter of right –

Order of examination of an individual witness  Where examination has not been concluded

1. direct examination of proponent  If recall of witness was expressly reserved by a party with
approval of court
2. cross-examination by the opponent

3. re-direct examination by the proponent

 Leading question – one which suggests to the witness the answer desired
4. re-cross-examination by the opponent
 Leading questions are not allowed; exceptions –

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o On cross-examination o evidence of prior inconsistent statements

o On preliminary matters
o When there is difficulty in getting direct and intelligible answers from
a witness who is ignorant, or a child of tender years, or is of feeble
mind, or a deaf mute
* but in case of hostile witness or adverse party, he may be impeached by other
modes
 contradictory evidence – refers to other testimony of the same witness, or other
evidence presented by him in the same case, but not the testimony of another witness

o Of an unwilling or hostile witness

o Of a witness who is an adverse party or an officer of a corp who is an  prior inconsistent statements – refer to statements, oral or documentary, made by
adverse party the witness sought to be impeached on occasions other than the trial in which he is
testifying

 Misleading question – is one which assumes facts not in evidence or without

sufficient basis or which assumes testimony or proof which has not been given witness impeached by inconsistent statements by “laying the predicate” –

 Gen. rule: a party cannot impeach his own witness 1. confront him with such statements, with the circumstances under
which they were made
o Exceptions –
2. asking him whether he made such statements
 In the case of a hostile witness
3. by giving him a chance to explain the inconsistency
 Where the witness is the adverse party or the representative of a
juridical person who is the adverse party  unless witness is given the opportunity to explain, the
impeachment is incomplete
 When the witness is not voluntarily offered but is required by law
to be presented – ex. witness to a will o if the prior inconsistent statement appears in a deposition of an adverse
party, no need to lay the predicate since deposition is in the nature of
 How to impeach an adverse party’s witness; modes – admissions of an adverse party

o Contradictory evidence o where the previous statement of witness is offered as evidence of an

admission and not merely to impeach him, the rule on laying a predicate
o Evidence of prior inconsistent statements does not apply

o Evidence of bad character

o Evidence of bias, interest, prejudice or incompetence  power of exclusion – on any trial or hearing, the judge may exclude from the court
any witness not at the time under examination so that he may not hear the testimony
of other witnesses

 power of exclusion applies only to the witnesses and not the parties
 how to impeach own witness; modes –
 party to an action has a right to be present in court while his case is being
o evidence contradictory to his testimony
tried

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 if a witness violates the order of exclusion; court may - right to inspect writing shown to witness – whenever a writing is shown to a witness, it
may be inspected by the adverse party
 bar him from testifying

 give little weight to his testimony

 make him liable for contempt

when witness may refer to memorandum

 revival of present memory – a witness may be allowed to refresh his memory

representing a fact, by anything written or recorded by himself or under his direction
at the time when the fact occurred, or immediately thereafter, when the fact was fresh
in his memory and he know that the same was correctly recorded 2. authentication and proof of documents

o writing or record must be produced and may be inspected by the adverse

party
classes of documents
o applies if witness remembers the facts regarding his entries and is entitled
greater weight
a. public – admissible without necessity of proof as to its authenticity an due execution

 revival of past recollection – a witness may testify from such writing or record, 1. written official acts or records of the official acts of the sovereign authority,
though he retain no recollection of the particular facts, if he is able to swear that the official bodies and tribunals and public officers, whether of the Philippines
writing or record correctly stated the transaction when made or of a foreign country

o applies when witness does not recall the facts involved 2. documents acknowledged before a notary public except last wills and
testaments
 use of memorandum applies only when it is shown beforehand that there is need to
3. public records, kept in the Philippines, of private documents required by
refresh memory of witness
law to be entered therein
 the memorandum used does not constitute evidence and may not be admitted as such
 the public writing is not the writing itself but the “public record”. If a
private writing is inserted officially into a public record, its record or
incorporation into the public records becomes a public document, but
that does not make the private writing itself a public document that is
part of transaction as evidence – when part of an act, writing or record is given in
admissible without authentication
evidence by one party, the whole of the same subject may be inquired into by the other.
And when a detached act, writing or record is given in evidence, any other act, writing or
record necessary to its understanding may also be given in evidence
 public documents may be proved by –

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1. the original copy  produced from a custody in which it would naturally be

found if genuine
2. an official publication
 unblemished by any alteration or circumstances of
3. a certified true copy suspicion

b. writing is a public document or record

b. private – all other writings c. it is a notarial document acknowledged, proved or certified

d. authenticity and due execution has been expressly admitted

or impliedly admitted by a failure to deny the same under
rules on authentication of private documents oath, as in the case of actionable documents

1. due execution and authenticity of private document must first be

proved either:
 doctrine of self-authentication – where the facts in the writing could only have
a. by anyone who saw the document executed or written; or been known by the writer
b. by evidence of the genuineness of the signature or  rule of authentication by adverse party – where the reply of the adverse party
handwriting of the maker refers to and affirms the sending to him and his receipt of the letter in question, a
copy of which the proponent is offering as evidence

 documents consisting of entries in public records made in the performance of a

duty by a public officer are prima facie evidence of the facts stated therein.
methods of proving handwriting –
o All other public documents are evidence, even against a third person,
of the fact which gave rise to their execution and of the date of the
i. a witness who actually saw the person writing the
latter
instrument
 Requirements for admissibility of foreign document
ii. a witness familiar with such handwriting and who
can give his opinion thereon
1. official publication or
iii. a comparison by the court of the questioned
2. by a copy attested by the officer having legal custody of the records or
handwriting and admitted genuine specimens
by his deputy
iv. expert evidence
 attestation must state that the copy is a correct copy of the
original and must be under the official seal of the attesting officer

2. evidence of authenticity not necessary when: 3. accompanied by a certificate of the Philippine diplomatic or consular
representative to the foreign country certifying that such attesting
a. the writing is an ancient document officer has custody of the document

 more than 30 years old

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 enforcement of foreign judgment – can only be brought before the regular courts
and not in an administrative agency
 a public record cannot be removed from the office in which it is kept without a
court order. – refers only to a public record an official copy of which could be
made available to the interested party and is admissible in evidence
 proof of lack of record – written statement signed by an officer having custody of
an official record that after diligent search no record of a specified tenor is found
to exist in the records of his office, accompanied by a certificate is admissible as
evidence that the records of his office contain no such record
 how judicial record impeached; evidence of –
o want of jurisdiction in the court or judicial officer
o collusion between parties
o fraud in the party offering the record, in respect to the proceedings
alterations in a document; party must show that –
1. that the alteration was made by another without his concurrence; or
2. it was made with the consent of the parties affected by it; or
3. was otherwise properly or innocently made; or
4. the alteration did not change the meaning or language of the instrument
c. offer and objection
 the court shall not consider no evidence which has not been formally offered. The
purpose for which the evidence is offered must be specified
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 objection to; when made –
o evidence offered orally – made immediately after offer
o question propounded during oral examination – as soon as the grounds
therefore shall become reasonable apparent
o offer of evidence in writing – within 3 days after notice of the offer
 continuing objection – when it becomes reasonable apparent that the questions being
propounded are of the same class as those to which the objection was made, whether
such objection was sustained or overruled, it shall not be necessary to repeat the
objecting, it being sufficient for the adverse party to record his continuing objection
 ruling of the court
o must be given immediately after objection is made unless the court desires
to inform itself before making its ruling
o reason for sustaining or overruling an objection need not be stated unless
based on two or more grounds in which case ground relied upon must be
specified
o reservation of a ruling on objection to admissibility without subsequently
excluding the same amounts to a denial of objection
 if documents or things offered in evidence are excluded by the court, the offered may
have the same attached to or made party of the record so that, in case of appeal, the
appellate court may be able to examine the same and determine the propriety of their
rejection
 if not attached, the same cannot be considered by the appellate court
 purpose for which the evidence is offered must be specified because such evidence
may be admissible for several purposes under the doctrine of multiply admissibility –
evidence submitted for one purpose may not be considered for any other purpose
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 the identification of documentary evidence is different from its formal offer 5. the nature of the facts to which they testify

o identification of the evidence is made in the course of the trial and it is only 6. the probability or improbability of their testimony
when the proponent rests his case and formally offers the evidence that an
objection may be made 7. their interest or want of interest

8. personal credibility

 documents which may have been marked as exhibits during the hearing but which
were not formally offered in evidence cannot be considered as evidence nor can they
be given any evidentiary value proof beyond reasonable doubt – requires moral certainty or that degree of proof which
produces conviction in an unprejudiced mind
 but in a case for kidnapping with murder, if the same have been duly
identified by testimony duly recorded and the exhibits have been
incorporated in the records of the case, said exhibits are admissible against
the accused  gen. rule: number of witnesses should not in and by itself determine the weight of
evidence
 sc held that it has the authority to modify final judgments in the higher
interest of justice o exception: in case of conflicting testimonies, number may be given certain
weight

 competency of a witness is different from credibility

 an erroneous admission or rejection of evidence is not a ground for a new trial or
reversal of decision if there are other independent evidence to sustain the decision, or  when a witness makes two contracting sworn statements – court cannot accept either
if the rejected evidence, if it had been admitted, would not have changed the decision statement

 the witness by his own act of giving false testimony impeaches is own
testimony
 rulings of the trial court on procedural questions and on admissibility of evidence
during the course of the trial are interlocutory in nature and may not be the subject of  when two witnesses contradict each other – the court shall adopt such testimony
separate appeals or review on certiorari which it believes is true

 the fact that a person has reached the “twilight of his life” is not always a guaranty
that he would tell the truth
RULE 133 – WEIGHT AND SUFFICIENCY OF EVIDENCE
 records of a preliminary investigation constitutes no part of the final proceedings
unless presented in evidence

How to determine preponderance of evidence; factors –  biased witness – when his relation to the cause or to the parties is such that he has an
incentive to exaggerate or give false color to his statements, or to suppress or pervert
1. all the facts and circumstances of the case the truth or to state what is false
2. the witnesses’ manner of testifying o when witnesses on both sides are biased, bias ceases to be a consideration
in determining where the weight of evidence rests
3. their intelligence

4. their means and opportunity of knowing the facts to which they are testifying

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 testimony of a co-conspirator is admissible but comes from a polluted source and  Exceptions:
must be scrutinized with caution
1. where identity of assailant is in question
 testimony of a single witness may be sufficient to produce conviction if such
appears to be trustworthy and reliable 2. to determine voluntariness of the criminal act or sanity of accussed

 testimony of offended party is not essential to convict an accused if there are already 3. to determine from which side unlawful aggression commenced as where
other evidence to prove his guilt self-defense is invoked

 inconsistencies on insignificant details do not affect their credibility as to materials 4. to determine the specific nature of crime committed
points – indicates veracity
5. to determine whether shooting was intentional or accidental
 falsus in uno, falsus in omnibus –“false in one, false in all”
6. where accused contends that he acted in defense of a stranger, since it is
essential that accused was not induced by revenge or any evil motive
 doctrine is not binding or mandatory with the court which may accept or
reject portions of the witness’ testimony depending on the inherent
7. where evidence is circumstantial or inconclusive and there is doubt whether
credibility or the corroborative evidence
a crime has been committed or whether the accused committed it
 corroboration is not required or expected in a crime of rape which, as a rule, is
committed without anybody else being present except the rapist and victim
admissibility of out-of-court identification of suspects
 affirmative testimony is stronger than negative testimony
“totality of circumstances test”
 delay of a witness in revealing to the authorities what he knows about a crime does
not render his testimony false if delay may be explained satisfactorily
1. witness’ opportunity to view the criminal at the time of the crime
 a party’s falsehood in the preparation or presentation of his cause, his fabrication or
2. witness’ degree of attention at that time
suppression of evidence, are receivable against him as indications of his
consciousness that his cause is weak or unfounded
3. accuracy of any prior description given by the witness
 affidavits are subordinated in importance to open court declarations
4. level of certainty demonstrated by the witness at the identification
 affidavits are incomplete reproductions of what declarant has in mind bec it
5. length of time between the crime and the identification
is usually prepared by the administering officer and affiant simply signs
6. suggestiveness of the identification procedure
 affidavit is only prima facie evidence

 alibi is one of the weakest defenses but it may be duly entertained if predicated on
substantial and reliable evidence sufficient to engender reasonable doubt as to the
guilt of the accused
 “the wicked flee even when no man pursueth, whereas the righteous are as brave as a
lion” 
 Gen. rule: motive is not essential
an extrajudicial confession made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus delicti
 corpus delicti – actual commission by someone of the particular crime charged
 there should be some evidence apart from the confession tending to show the
commission of the crime

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circumstantial evidence; when sufficient –

1. if there is more than one circumstance

2. the facts from which the inferences are derived are proven

3. the combination of all the circumstances is such as to produce a conviction

beyond reasonable doubt

 circumstantial evidence is sufficient for conviction even in capital offenses except

when the law specifies the species and quantum of evidence required. Ex. Treason

 acts or conduct subsequent to the commission can also be considered circumstantial

evidence of guilt. Ex. Abnormal behavior, drinking unusually in excess etc.

 motive is important when evidence of the crime is purely circumstantial

substantial evidence – amount of relevant evidence which a reasonable mind might

accept as adequate to justify a conclusion

 court has power to stop the introduction of testimony which will merely be
cumulative

evidence on motion – when a motion is based on facts not appearing of record, the court
may hear the matter on affidavits or depositions presented by respective parties, but the
court may direct that the matter be heard wholly or partly on oral testimony or depositions.

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