Evidence - Is one which may not be rebutted or

contradicted.
is the means, sanctioned by the rules of court,
ascertaining in a judicial proceeding the truth respecting Positive evidence
a matter of fact.
- Is when the witness affirms that a fact did
Refers to the medium used to prove the existence or or did not occur.
non-existence of a fact in issue.
Negative evidence

- Is when the witness states he did not see or

Nature or Form: DOT know of the occurrence of a fact.

Documentary evidence

- Writings or any materials offered as proof ADMISSIBILITY OF EVIDENCE

of their contents
When it is RELEVANT to the issue and is NOT
Object evidence EXCLUDED by the constitution, law or by the
ROC.
- Evidence which is directly addressed to the
- court’s senses Formula: RELEVANCY + COMPETENCY

Testimonial evidence Evidence is relevant when it has a relation to

the fact in issue as to induce belief in its
- Consists of statement of a witness offered
existence or non-existence.
to the court. Maybe oral/live or by judicial
affidavit. Collateral matters

Relation: - Those which do not have direct connection

to the fact in issue.
Direct evidence
- Not allowed, except when it tends in any
- That which proves the fact in issue without reasonable degree to establish the
the aid of any inference or presumption probability or improbability of the fact in
issue.
Circumstantial evidence

- That which proves the fact in issue by way

of inference or presumption. DOCUMENTARY EVIDENCE- WRP

Is sufficient for conviction if: MPC - Consists of writings, recordings,

1. There is more than 1 circumstance
2. The fact from which the inferences are derived
are proven and
3. The combination of all the circumstances is such
as to produce a conviction beyond reasonable
doubt.
Prima facie evidence
- Is that which by itself sufficient to prove a
fact but which may be rebutted by contrary
evidence
Conclusive evidence
photographs or any material containing
letters, words, sounds, numbers, figures,
symbols, or their equivalent or other modes
of written expression offered as proof of
their contents.
- Photographs include still pictures, drawings,
stored images, x-ray films, motion pictures
or videos.
- Recording consists of letters, words,
numbers, or their equivalent recorded in
any manner. Also includes SOUNDS.
- A recording of a conversation, speech, or
other oral communication is considered as
documentary evidence.
 - Photograph means a photographic image or
its equivalent stored in any form offered as
proof of their contents.
- Include still pictures, drawings, stored
images, x-ray, films, motion pictures, or
videos.
- Ex. A CCTV footage of a person robbing a
bank is considered as a photograph
included in the definition of documentary
evidence.
DOCUMENT offered as OBJECT evidence
- If the document is offered not as proof of its
contents but of its existence or physical
condition or features.
ORIGINAL DOCUMENT RULE
ODC provides that when the subject of inquiry is
the contents of a document, writing, recording,
photograph or other record, no evidence is
admissible other than the original document
itself.
Photographs, which include motion pictures or videos
are expressly included in the definition of documentary
evidence.
Rules for Electronic Evidence
- Duplicate is admissible to the same extent
as the original.
ODR applies when the subject of the inquiry is the
contents of the document. Applies only to documentary
evidence.
ORIGINAL of a document is the document itself or any
counterpart intended to have the same effect by a
person executing or issuing it.
An ORIGINAL of a photograph includes the negative or
any print therefrom.
If data is stored in a computer or any similar device, any
printout or other output readable by sight or other
means, shown to reflect the data accurately, is an
original.
DUPLICATE is a counterpart produced by the same
impression as the original, or from the same matrix, or
by means of photography, including enlargements and
miniatures, or by mechanical or electronic recording, or
by chemical reproduction, or by other equivalent
techniques which accurately reproduce the original.
DUPLICATE means a counterpart produced by
Mechanical, photograph, electronic, chemical or other
equivalent process that accurately reproduces the
original.
A duplicate is admissible to the same extent as an
original unless,
1. A genuine question is raised as to the
authenticity of the original,
2. In the circumstances, It is unjust or inequitable
to admit the duplicate in lieu of the original.
EXCEPTION TO ORIGINAL DOCUMENT RULE
CLAP-C
C- original is in the CUSTODY or control of the adverse
party and he fails to produce it after reasonable notice.
L- the original is LOST or destroyed, or cannot be
produced in court without bad faith on the part of the
offeror.
A-Original consists of numerous ACCOUNTS or other
documents which cannot be examined in court without
great loss of time and the fact sought to be established
is only the general result of the whole.
P-Original is a PUBLIC RECORD in the custody of a public
officer or is recorded in a public office.
O-The original cannot be OBTAINED by local judicial
process or procedures
Note:
Trial court’s discretion to dispense with production of
original if the opponent does not bona fide dispute the
contents of the document and no other useful purpose
will be served by requiring production.
LOSS, DESTRUCTION, OR INABILITY TO PRODUCE
ORIGINAL
Secondary evidence is that, other than the original
document or an equivalent thereof, which may be used
to prove the contents of a document where the case
falls within any of the exceptions to the ODC.
Order of priority in the use of secondary evidence
CRT
1. Copy
2. Recital in an authentic document, or
3. Testimony of witnesses
IN THE ORDER STATED.
PROPER FOUNDATION FOR INTRODUCTION OF
SECONDARY EVIDENCE
The offeror must show: EUR
1. Proof of EXECUTION OR EXISTENCE of the
document.
2. Proof of the cause of its UNAVAILABILITY,
without bad faith on his part.
3. Proof of REASONABLE DILIGENCE and GOOD
FAITH on the part of the offeror in the search
for or attempt to produce the original.
Jurisprudence.
Introduction of secondary evidence in the case where
the original is in the CUSTODY or CONTROL of the party
against whom the evidence is sought to be offered.
The offeror must show: ER
1. Proof of EXISTENCE of the document
2. Proof of REASONABLE NOTICE to produce to the
adverse party and failure to produce.
Secondary evidence regarding NUMEROUS ACCOUNTS
- Lay the foundation for the introduction of
secondary evidence regarding numerous
accounts: Accessible and admissible
- The contents of the numerous accounts or
documents may be presented in the form of
a chart, summary, or calculation.
- The originals shall be available for
examination or copying, or both, by the
adverse party at a reasonable time and
place. The court may order that they be
produced in court.
- CONDITION PRECEDENT: if the party has
shown that the underlying writings are
numerous and that an in-court examination
of these documents would be inconvenient.
Secondary evidence in case where the original is a
PUBLIC RECORD.
- The contents of the public record may be
proved by a certified copy issued by the
public officer in custody thereof.
BEST EVIDENCE RULE UNDER THE RULES ON
ELECTRONIC EVIDENCE
- The REE shall apply to all criminal and civil
actions and proceedings, as well as to quasi-
judicial and administrative cases.
RE:
Text messages are to be proved by:
1. Testimony of a person who was a party to the
same, or
2. Has personal knowledge of them
Electronic Document
Is defined as information or the representation
of information, data, figures, symbols or other modes of
written expression by which a right is established or an
obligation extinguished, or by which fact may be
proved, which is received, recorded, transmitted,
stored, processed, retrieved, or produced electronically.
It includes digitally signed documents and print-
outs.
ADMISSIBILITY OF ELECRTRONIC DOCUMENTS
- An electronic document is admissible in
evidence if it complies with the rules on
admissibility prescribed by the ROC and
related laws and is authenticated in the
manner prescribed by the REE.
ORIGINAL OF AN ELECTRONIC DOCUMENT
- An electronic document shall be regarded
as the equivalent of an original document if
it is a printout or output readable by sight
or other means, SHOWN TO REFLECT THE
DATA ACCURATELY.
- The image of an electronic document
shown in the monitor is an original, as well
as the printout thereof.
NOTE: Copies or duplicates are considered as the
equivalent of the originals.
Thus, a photocopy of an email printout is admissible EXCEPTIONS TO PAROL EVIDENCE RULE
without accounting for the non-production on the
A party may present parol evidence to MODIFY,
original.
EXPLAIN or ADD to the terms of the written contract if
he puts in issue in his VERIFIED PLEADING: VISA

A copy or a duplicate shall not be admissible to the

same extent as the original if:
1. The VALIDITY of the written agreement put in
AU issue
2. The failure of the written agreement to express
1. A genuine question is raised as to the
the true INTENT and agreement of the parties
AUTHENTICITY of the original.
3. The existence of SUBSEQUENT terms, i.e., terms
2. In the circumstances it would be UNJUST or
agreed by the parties of their successors-in-
inequitable to admit the copy in lieu of the
interest after the execution of the written
original.
agreement
4. An intrinsic AMBUIGUITY, imperfection or
mistake in the written agreement. AIM.
PAROL EVIDENCE RULE

Once the terms of an agreement have been reduced to

writing, it is considered as containing all the terms BAR. Failure of the written agreement to express the
agreed upon and there can be, between the parties and true INTENT and agreement of the parties
their successors in interest, no evidence of such terms
S10b R130 is available only where the contract is so
other than the contents of the written agreement.
ambiguous or obscure that parties’ contractual
PAROL EVIDENCE intention cannot be understood from a mere reading of
the instrument.
- Is any evidence, whether oral or written,
outside the written agreement, which is
offered to MODIFY, EXPLAIN or ADD to the
Intrinsic ambiguity, refers to an ambiguity wherein a
terms of the written agreement.
word or phrase is susceptible if two or more meanings.
RE: Parol evidence rule bars evidence of prior or
Imperfection refers to an inaccurate statement, or
contemporaneous terms or conditions, whether oral or
incompleteness in the writing, or the presence of
written, which would alter the terms of a written
inconsistent provisions in the agreement.
contract.
PER applies to written contracts be they private or
Re: The PER applies only to written CONTRACTS. Thus, a
public documents. The two contract need not be signed
receipt which is merely proof of payment is not covered
by two parties nor need it be bilateral.
by the PER.
RE: Conditions precedent covered by parol evidence
NOTE: a will is considered a written agreement for
rule.
purposes of the PER.
Ephemeral electronic communication
The parol evidence rule applies only to the parties to
the contract and their successors-in-interest and not to Electronic forms of communication the evidence of
third persons. which is not recorded or retained.

Ex. Phone talks, text messages, chatroom sessions,

streaming audio, streaming audio.

OBJECT EVIDENCE
Is that which is directly addressed to the senses of the
court like tangible things exhibited or demonstrated in
open court.
DNA Testing
Motu proprio or on application of any person who has a
legal interest in the matter in litigation, order a DNA
testing after hearing and notice where the following are
shown:
a. Biological sample exists that is relevant to the
case.
b. The biological sample:
i. Was not previously subjected to the
type of DNA testing now requested; or
ii. Was previously subjected to DNA
testing but the results may require
confirmation.
c. The DNA testing has the scientifically valid
technique
d. the DNA testing has the scientific potential to
produce information that is relevant to the
proper resolution of the case.
e. The existence of other factors, if any, which the
court may consider as potentially affecting
accuracy or integrity of the DNA testing.
Yes. It is conclusive proof of non-paternity.
QUALIFICATIONS OF WITNESS
Any person who can PERCEIVE and make KNOWN his
perception to others is qualified to be a witness.
Re:
1. Interest in the outcome of a case may affect the
weight of the witness’ testimony but is not a
ground for his disqualification.
2. Conviction is not a ground for disqualification
but it may be however be used to impeach the
witness.
Note:
A defaulted party is not disqualified from testifying in
court in behalf of a non-defaulted party.
WHO ARE DISQUALIFIED TO BE WITNESSES
1. SPOUSED under the marital disqualification
rule.
2. Those who are disqualified by reason of
PRIVILEDGE COMMUNICATION.
Child as witness.
As a rule YES. Every child is presumed qualified to
be a witness. The court may conduct a
COMPETENCY EXAMINATION, motu proprio or on
motion, if it finds that substantial doubt exists as to
the child’s competency to testify.
One who at the time of giving testimony is
below 18.
IN CHILD ABUSE CASES, a child includes one who is
18 and above but is unable to fully take care of
himself or protect himself from cruelty, abuse,
neglect, exploitation or discrimination. CANED.
Deaf-mutes as witnesses. OFC
1. Can understand and appreciate the sanctity of
an oath.
2. Can understand facts they are going to testify
on, and
3. Can communicate their ideas through a
qualified interpreter.
MARITAL DISQUALIFICATION
The rule provides that during their marriage, a
spouse cannot testify against the other spouse
without the latter’s consent.
Exceptions:
A spouse may testify against the other in:
1. A civil case by one against the other, or
2. A criminal case for a crime committed by one
spouse against the other or the latter’s direct
descendants or ascendants. SAD
Marriage must be existing at the time of the offer of
the testimony. Even if marriage happened after the
fact sought to be testified to.
RE: SC has held that the wife could testify against her
husband where they had been separated de facto for 6
months. There is no more harmony, peace, and
tranquility to be preserved; thus, the reason for the
MDR ceases. Alvarez v Ramirez.
When to object to MDR
The time to raise the MDR as an objection is when the
spouse is called to the witness stand and his/her
testimony is offered. Otherwise, the objection is waived.
S39 R130
Parties, assignors, or persons can testify on a matter of
fact occurring before the person became of unsound
mind, subject to the hearsay exception under S39 R130
regarding the statement of the person of unsound
mind.
Parties, or assignors of parties to a case, or persons in
whose behalf a case is prosecuted, against an executor
or administrator or other representative of a deceased
person, upon a claim or demand against the estate of
such deceased person, can testify on a matter of fact
occurring before the death of the deceased.
PRIVILEGES (MAP PP)
The following are the disqualifications be reason of
privileged communications under the Rule on Evidence.
1. Marital Communication Privilege
2. Attorney- client privilege
3. Physician, Psychotherapist- Patient Privilege
4. Priest’s/Minister’s Privilege
5. Public Interest Privilege
MARITAL COMMUNICATION PRIVILEGE
The husband or wife cannot be examined without the
consent of the other as to any confidential
communication received from the other during the
marriage.
Communication subsists even after the termination of
the marriage.
Applies only to confidential communications between
the spouses.
May be invoked whether or not a spouse is a party to
the action.
RE:
SC has held that a wife, who is a co-defendant of her
husband in an action, may not be examined as an
adverse-party witness without infringing on the marital
disqualification rule.
RE:
Objection to the offer of evidence must be made orally
immediately after the offer is made.
RE:
Objection to a question propounded in the course of
the witness’s oral examination must be made as soon as
the grounds therefor shall become reasonably
apparent.
ATTORNEY-CLIENT-PRIVILEGE
An attorney or a person reasonably believed by the
client to be licensed to engage in the practice of law
cannot, without the client’s consent, be examined as to
any communication made by the client to him or his
advice given thereon in the course of, or with a view to,
professional employment.
Nor can an attorney’s secretary, stenographer, or clerk,
or other persons assisting the attorney be examined
without the consent of the client and his employer
concerning any fact the knowledge of which has been
acquired in such capacity.
Purpose:
Is to encourage clients to make full disclosure to their
attorneys.
RE: any communications made to the lawyer with the
view of engaging the lawyer is privileged.
Exceptions:
1. Furtherance of a crime or fraud.
Note: atty. – client privilege extends only as to
past crimes committed by the prospective client
but not future crimes.
2. Claimants through the same deceased client.
3. Breach of duty by lawyer or client
 4. Document attested by the lawyer
5. Joint clients
PHYSICIAN/PSYCHOTHERAPIST-PATIENT PRIVILEGE
Note: a lawyer may reveal secrets when necessary to
A physician, psychotherapist or person reasonably
collect fees or to defend himself, his associates, or
believed by the patient to be authorized to practice
employees.
medicine or psychotherapy cannot in a CIVIL CASE,
Client’s Identity testify or be examined without the patient’s consent.

GR: It is proper that the client be identified before the
privilege may be invoked.
EXCEPTIONS: IL
1. Where a strong probability exists that revealing
the client’s name would implicate him in the
very activity for which he sought the lawyer’s
advice.
2. Where disclosure would expose the client to
civil liability.
3. Where the government’s lawyers have no case
against an attorney’s client unless, by revealing
the client’s name, the said name would furnish
the only link that would form the chain of
testimony necessary to convict an individual of
a crime.
4. Where the client’s identity is relevant to the
subject matter of the legal problem on which
the client sought legal assistance.
5. Where the nature of the attorney-client
relationship has been previously disclosed and it
is the identity which is intended to be
confidential, the client’s identity is confidential
since revelation would result in disclosure of the
entire transaction.
RE: If the documents were privilege in the hands of the
client, then they would be privileged if turned over to
the lawyer for purposes of obtaining legal advice.
WORK-PRODUCT DOCTRINE
Applies only to civil case.
An attending physician may testify as an expert witness
provided his opinion is based strictly upon hypothetical
facts stated, excluding and disregarding any personal
knowledge of the patient acquired through the
physician-patient relationship.
Physician-patient privilege bars not only the physician’s
testimony on the confidential information but also the
documents embodying such confidential information.
The information must be necessary to the advice or
treatment. Infor that the patient is having an
extramarital affair is generally not privileged.
PYSCHOLOGIST/ PYSCHOMETRICIAN-CLIENT PRIVILEGE
S30 RA 10029
Applies to all proceedings.
PRIEST’S/MINISTER PRIVILEGE
A minister, priest or person reasonably believed to be
so cannot, without the consent of the affected person,
be examined as to any communication, or confession
made to or any advice given by him or her, in his
professional character, in the course of the discipline
enjoined by the church to which the minister or priest
belongs.
Note:
Not only to confessions but to other communications
made to the priest or minister.

The doctrine that the trial preparation materials of a

lawyer or his representatives are protected from
discovery.

Where the client is a corporation, the atty.- client

privilege extends to the employees of the company and PUBLIC INTEREST PRIVILEGE
thus their communications to the attorney for the
A public officer cannot be examined during or after his
purpose of enabling him to give sound and informed
tenure, as to communications made to him in official
advice are considered privilege.
confidence, when the court finds that the public Thus, a person can be compelled to produce evidence,
interest would suffer by the disclosure. not privileged, for use against him, except that he may
not be compelled to testify against himself.

Executive privilege
PARENTAL AND FILIAL PRIVILEGE
It is the privilege which protects the confidentiality of
conversations that take place in the President’s No person shall be compelled to testify against his
performance of his official duties. parents, other direct ascendant, children or other direct
descendants, except when such testimony is
The privilege may be invoked not only by the president
indispensable in a crime against that person or by one
but also his close advisors under the “operational
parent against the other.
proximity” test.
Parent privilege refers to the privilege of the parent or
DELIBERATIVE PROCESS PRIVILEGE
other direct ascendant while
Protects from disclosure advisory opinions,
Filial privilege refers to that of the children or other
recommendations, and deliberations comprising part of
direct descendant.
a process by which governmental decisions and policies
are formulated. NOTE:

Re: The privilege does not end when an agency has Privilege belongs to the witness.
adopted a definite proposition or when a contract has
been perfected or consummated; otherwise, the
purpose of the privilege will be defeated. TRADE SECRETS PRIVILEGE
NOTE: S24 R130 A person cannot be compelled to testify about any
trade secret, unless the non-disclosure will conceal
The communication shall remain privileged, even in the
fraud or otherwise work injustice.
hands of a third person who may have obtained the
information, provided that the original parties to the Air phil. Corp vs. pensswell, Inc.
communication took reasonable precaution to protect
its confidentiality.

MEDIA PRACTITIONER’S PRIVILEGE

Cannot be compelled to reveal the source of any news

item, report or information appearing or being reported
or disseminated through said media, which was related
in confidence to the abovementioned media
practitioners.

Exception:

If a court, or the HR, or the senate or any committee of

congress finds that such revelation is demanded by the
security of the state.

PRIVILEGE AGAINST SELF- INCRIMINATION

The privilege excludes evidence which is testimonial in

nature.
Out-of-court statements (HARI) Ex. An accused’s offer to marry the rape victim is an
implied admission of guilt.
1. Hearsay
2. Admissions (party and vicarious) RE: The accused’s act of pleading for his sister-in-law’s
3. Res inter alios acta forgiveness may be offered as analogous to an attempt
4. Independently relevant statement to compromise, which can be received in evidence as
an implied admission of guilt.
EXTRA JUDICIAL ADMISSIONS
RE: The SC has held that an offer of compromise from
ASO
an unauthorized person cannot amount to an admission
It is an act, statement, or omission of a party as to a of the party himself.
relevant fact and which may be given in evidence
RE: It does not matter who initiated the compromise
against him.
talks just so long as the accused made an offer.
NOTE:
RE: An offer to compromise does not require that a
The ADO must not be in favor of a party since they criminal complaint be first filed before the offer can be
would be self-serving and hearsay. received in evidence against the offeror. CRIMINAL
CASE
Must be offered in evidence in order to be considered
by the court. RE: The offer of compromise was evidently in relation to
the civil aspect of the case.
ACT
NOTE:
Examples:
An offer to pay or the payment of medical, hospital or
1. Voluntary participation in a re-enactment of a other expenses occasioned by an injury is not
crime conducted by the police admissible in evidence as proof of civil or criminal
2. Flight from the scene of a crime liability for the injury.
3. Changing one’s appearance or name
4. Transfer of property PRO HAC VICE
5. Attempt to bribe the witness
The offer of compromise made prior to the filing of the
Some acts on public-policy grounds not admissible as criminal complaint against her for a violation of the BP
admission of liability 22. SC has held that the offer was clearly not made in
the context of a criminal proceeding and cannot be
1. Post-accident repairs considered as an implied admission of guilt.
2. Withdrawn or unaccepted offers of plea of
guilty RULE ON ADMISSION BY SILENCE
3. Offers to pay or the payment of medical
Any act or declaration made in the presence and within
expenses
the hearing or observation of a party who does or says
4. Offers of compromise in civil cases
nothing: NP

1. When the act or declaration is such as

OFFER OF COMPROMISE
In CIVIL CASES, an offer of compromise is not an
admission of liability and is not admissible in evidence
against the offeror.
IN CRIMINAL CASE, an offer of compromise by the
accused may be received in evidence as an implied
admission of guilt.
NATURALLY to call for action or comment if not
true, and
2. When PROPER and possible for him to do so,
may be given in evidence against such party.
Exception: while under custodial investigation, he has
the right to remain silent.
Doctrine of adoptive admission
Is where a party, by his words or conduct, voluntarily
adopts or ratifies another’s statement. Evidence of the
statement would then be admissible against the party.
RES INTER ALIOS ACTA
The rights of a party cannot be prejudiced by an act,
declaration or omission of another.
Should be extrajudicial in nature.
Exceptions: called VICARIOUS ADMISSIONS- J CAPP
1. Co- partner
2. Agent
3. Joint owner, joint debtor, or other person
jointly interested with the party
4. Co-conspirator
5. Privies
Vicarious admission by co-partner or agent: SEE
The act or declaration of a partner or agent authorized
by the party to make a statement concerning the
subject or within the scope of his authority and during
the existence of the partnership or agency, may be
given in evidence against such party after the
partnership or agency is shown by evidence other than
such act or declaration.
Includes statements of employees within the scope of
their employment as vicarious admissions.
An employee’s declaration about matters not falling
within his scope of authority should not be admissible
against his employer.
Admission by joint owner, joint debtor, or other
person jointly interested with the party.
The act or declaration of a joint owner, J. debtor, or
other person jointly interested with the party within the
scope of his authority and during the existence of the
joint ownership, debt, or interest may be given in
evidence against such party after the joint ownership,
debt, or interest is shown by evidence other than such
act or declaration.
Note: S30 R130 speaks of JOINT AND SEVERALLY or
solidary.
ADMISSION BY PRIVIES
Where one derives title to property from another, the
latter’s act, declaration or omission, in relation to the
property, is evidence against the former if done while
the latter was holding the title.
ADMISSION BY CO-CONSPIRATOR
The act or declaration of a conspirator in furtherance of
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.
RE:
The rule on inter alios acta does not apply to in-court
testimony. The reason is that the opponent would have
the opportunity to cross-examine the witness.
Confession
Is a declaration of an accused acknowledging his guilt of
the offense charged, or any offense necessarily included
therein.
An accused’s confession may be given in evidence
against him.
The confession referred to in s34 r130 is an extrajudicial
confession.
Interlocking confessions ICIC
Interlocking confessions are extrajudicial confessions
independently made without collusion which are
identical with each other in their essential details and
are corroborated by other evidence on record.
What are the rights of a person under custodial
investigation?
1. Right to remain silent and right to be informed
of such right.
2. Right to have competent counsel and
independent counsel preferably of his own
choice and to be informed of such right. If the
person cannot afford the services of counsel, he
must be provided with one. The right to remain
 silent and to counsel cannot be waived except
in writing and in the presence of counsel,
3. The right against torture, force, violence, threat,
intimidation, or any other means which vitiate
the free will.
4. The right against secret detention places,
solitary, incommunicado, or other similar forms
of detention.
RE: Accused’s confession to a bantay bayan made
without the assistance of counsel is inadmissible in
evidence. Inquiry made by a bantay bayan has the color
of a state-related function and entitles the suspects to
his Miranda rights.
On the other hand, the accused’s admissions before
barangay officials made in PUBLIC with other persons
present were held admissible notwithstanding that the
accused was not afforded his miranda rights.
SIMILAR ACTS RULE
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 time; but it
may be received to prove plan, intent, knowledge,
identity, custom, habit, usage, system, and the like.
PIKICHUS
SEXUAL ABUSE SHILED RULE in cases involving child
abuse:
The following are inadmissible.
1. Evidence offered to prove that the alleged
victim engaged in other sexual behavior.
2. Evidence offered to prove the sexual
predisposition of the alleged victim.
Exception:
Evidence of specific instances of sexual behavior by the
alleged victim to prove that a person other than the
accused was the source of the semen, injury, or other
physical evidence shall be inadmissible.
A party intending to offer such evidence must file a
pretrial motion at least 15 days before the trial stating
that he intends to offer such evidence on order to
prevent unfair surprise upon the other party.
RE. Under the Rape Shield Rule, evidence of a rape
complainant’s past sexual conduct is inadmissible
UNLESS found by the court to be relevant to the case.
HEARSAY RULE AND ITS EXCEPTIONS
Hearsay
Is an out-of-court statement offered to prove the truth
of the facts asserted therein.
Hearsay Rule
Hearsay evidence is inadmissible except as otherwise
provided in the Rules on Evidence.
Note: hearsay may be oral or written form or non-
verbal.
Hearsay may consist of non-verbal conduct if the same
is intended by a person as an assertion.
PRIOR INCONSISTENT STATEMENT
Requires that the prior inconsistent statement be given
under oath subject to the penalty of perjury at a trial,
hearing, or other proceeding, or in a deposition.
Reasons for excluding hearsay
COD
1. The lack of opportunity on the part of the party
against which it is offered to CROSS-EXAMINE
the declarant, that is, the person who made the
statement.
2. The statement or declaration is not made under
OATH.
3. The court does not have the opportunity to
observe the DEMEANOR of the declarant.
Self-serving statements are hearsay.
4-step process in hearsay analysis
DAPE
1. Look out for the declarant (the one who made
the out-of-court statement)
2. Check if the declarant’s statement is an
admission or assertive
3. Determine the purpose for which the
declarant’s statement is offered.
 4. Check if it falls within any of the exceptions.
ASSERTIVE NON-VERBAL IS HEARSAY
Non- assertive non verbal is not hearsay
Non-assertive verbal is not hearsay
Implied assertion- not hearsay
INDEPENDENT RELEVANT STATEMENT
An out-of-court statement which is relevant not for the
truth of a matter asserted therein but for something
else.
SIBUL- State of mind, intent, belief, the mere fact of
utterance, or legal effect.
Hearsay if not objected to may be admitted and
considered as sufficient to prove the facts stated
therein. – CIVIL
In criminal case, hearsay even if not objected to should
not be accorded any probative value against the
accused because it would violate his constitutional right
of confrontation.
Survey evidence admissible to show state of mind.
The SC has held that statements showing the
declarant’s state of mind, such as her knowledge or
belief, are considered as IRS and thus not hearsay.
HEARSAY ADMISSIBLE IN WRIT OF AMPARO CASES
Hearsay can be admitted if it satisfies the basic
minimum test of relevance and consistency with other
evidence.
The act of pointing to a person in a line-up is a
statement. This is a non-verbal assertive statement,
which is hearsay.
EXCEPTIONS TO THE HEARSAY RULE
Those where there is a requirement that:
1. the declarant is DEAD or UNABLE/ unavailable
to testify (DU Requirement) and
2. those where there is no such requirement.
Exceptions where there is DU requirement: 3D PSF
1. dying declaration
2. former testimony or deposition
3. act of declaration about pedigree
4. declaration against interest
5. statement of decedent or person of unsound
mind
6. declaration by child about act or attempted act
of child abuse.
Exceptions where there is no DU requirement: 2RFC
BLOC
1. Res gestae
2. Family reputation
3. Common reputation
4. Commercial lists
5. Official records
6. Learned treatises
7. Business records
They are still hearsay, nonetheless by reasons of
trustworthiness or necessity, they are admissible in
evidence.
DYING DECLARATION
Requirements:
1. The declarant is dead
2. His death is the subject of inquiry in the case
3. The declaration was made under the
consciousness of an impending death
4. The declaration is about the cause and
surrounding circumstances of his death
STATEMENT OF DECEDENT OR PERSON OF UNSOUND
MIND
In an action against an executor or administrator or
other representative of a deceased person, or against a
person of unsound mind, upon a claim or demand
against the estate of such deceased person or against
such person of unsound mind, where a party or assignor
of a party or a person in whose behalf a case is
prosecuted testifies on a matter of fact occurring before
the death of the deceased person or before the person
became of unsound mind, may be received in evidence
if the statement was made upon the personal
knowledge of the deceased or the person of unsound
mind, any statement of the deceased or the person of
unsound mind, may be received in evidence if the
statement was made upon the personal knowledge of
the deceased or the person of unsound mind at a time
when the matter had been recently perceived by him
and while his recollection was clear.
Such statement, however, is inadmissible if made under
circumstances indicating its lack of trustworthiness.
RECORDS OF REGULARLY CONDUCTED BUSINESS
ACTIVITY
Availability or unavailability of the entrant is no longer
material.
The entrant need no longer have personal knowledge of
the information he is recording, it being sufficient that
the record is made by or from transmission or supply of
information by a person with knowledge thereof.
Conditions for the admission of a business record:
The business activity should not be confined to activities
of a commercial enterprise. It should include activities
of any profession, occupation, and calling of every kind,
whether or not conducted for profit or legitimate
purpose.
NOTE:
Business records are no longer prima facie evidence of
the facts stated therein.
RE:
Records of medical diagnoses or opinions are admissible
as exceptions to the hearsay rule.
Diary as business record
Depends on the purpose for or the manner by which the
diary was kept. A diary kept in the course of the diarist’s
business activity, occupation, or calling would qualify
under the business-entry exception.
A business entry must relate to the business of the
enterprise.
FORMER TESTIMONY OR DEPOSITION
Requirements: PPSC
1. The witness or deponent is DEAD or OUT of the
Philippines or who cannot, with due diligence,
be found therein, or is unavailable or otherwise
unable to testify.
2. The or proceeding involves the same PARTIES
and SUBJECT MATTER.
3. The adverse party had the opportunity to
CROSS-EXAMINE the witness or deponent in
the former case or proceeding.
NOTE:
If the deposition was taken in the same case, it is S4
R23 and not S49 R130 which governs.
ACT OR DECLARATION ABOUT PEDIGREE
Requirements: DRAPE
1. The declarant is dead or unable to testify.
2. The act or declaration is about pedigree of
another person related to the declarant by
birth, adoption, or marriage or, in the absence
thereof, with whose family he or she was so
intimately associated as to be likely to have
accurate information concerning his pedigree.
BAMI
3. The relationship between the relative and the
declarant is shown by evidence other than such
act or declaration.
4. The act or declaration occurred before the
controversy (ante litem motam)
Note:
Exception does not apply where the claimant does not
seek to claim from the estate of the declarant himself
but merely to establish a right through his declarations
to the property of some other member of the family.
RE:
Declaration of a deceased person in respect to the
pedigree of another person related to him by birth may
be received in evidence where it occurred before the
controversy.
DECLARATION AGAINST INTEREST
Requirements are:
1. The declarant must be dead or unable to
testify.
2. The declaration must be against the interest
(pecuniary, moral or penal) PMP of the
declarant.
3. The fact asserted in the declaration was at the
time it was made so far contrary to declarant’s
own interest, that a reasonable man in his
position would not have made the declaration
unless he believed it to be true.
4. A statement tending to expose the declarant to
criminal liability and offered to exculpate the
accused is not admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the statement.
S40 R130
A statement tending to expose the declarant to criminal
liability and offered to exculpate the accused is not
admissible unless corroborating circumstance clearly
indicate the trustworthiness of the statement.
RE: SC has held that the declaration must be against the
declarant’s own interest, not that of another person.
HEARSAY EXCEPTION IN CHILD ABUSE CASES.
A statement made by a child describing any act or
attempted act of child abuse, not otherwise admissible
under the hearsay rule, may be admitted in evidence in
any criminal or non-criminal proceeding.
Requirements:
1. The statement must be made by a child.
2. The statement describes any act or attempted
act of child abuse.
3. The child is unable to testify. Means, the child is
a. Dead
b. Suffers from physical infirmity, lack or memory,
or mental illness
c. Will be exposed to severe psychological injury
d. Is absent from the hearing and the proponent
of his statement has been unable to procure his
attendance by process or other reasonable
means
e. The hearsay statement is corroborated by other
admissible evidence.
4. The proponent shall make known to the
adverse party the intention to offer such
statement and its particulars to provide him a
fair opportunity to object.
If child is available:
The court, upon motion of the adverse party, shall
require the child to be present at the hearsay statement
for cross-examination by the adverse party.
If child is unavailable:
The proponent must prove that the child is unavailable.
The statement shall be admitted only if corroborated by
other admissible evidence.
Unavailable includes cases where the child is suffering
from physical infirmity, lack of memory, mental illness,
or will be exposed to severe psychological injury.
LACK OF FIRTHAND KNOWLEDGE vs HEARSAY
No DU requirement
PART OF THE RES GESTAE
The res gestae exception covers statements which are
admissible in evidence as part of the res gestate.
2 exceptions:
1. Excited utterances
2. Verbal acts
Excited utterances as hearsay exception
Statement made by a person while a startling
occurrence is taking place or immediately prior or
subsequent thereto, under the stress of excitement
caused by the occurrence regarding the circumstances
thereof, may be given in evidence as part of the res
gestae.
RE:
Statements made while a startling occurrence is taking
place or immediately prior or subsequent thereto,
under the stress of excitement caused by occurrence
with respect to the circumstances thereof are excepted
from the hearsay rule.
RE: Statement made by victim 3 days after the shooting
admitted as part of the res gestate where he was still
under the influence of the startling event and had no
opportunity to fabricate. Victim still under influence
since he had to undergo extensive surgery after the
shooting.
VERBAL ACTS
Statements accompanying an equivocal act material to
the issue and giving it a legal significance may be
received in evidence as part of res gestae.
FAMILY REPUTATION
The reputation or tradition existing in a family previous
to the controversy, regarding the pedigree of any one of
its members, may be received in evidence if the witness
testifying thereon be also a member of the family,
either by consanguinity or affinity or adoption.
Note:
Witness must be a member of the family whose
reputation or tradition he is testifying about and that
reputation or tradition must be about the pedigree of
any one of its members.
Note:
Entries in family bibles or other family books or charts,
engravings on rings, family portraits and the like, may
be received in evidence without calling to testify the
one who made the entries or engravings.
COMMON REPUTATION
Requirements:
1. Existed previous to the controversy or is ante
litem motam
2. Is about boundaries of or customs affecting
lands in the community and reputation as to
events of general history important to the
community, or respecting marriage or moral
character.
LaHIMMA
1. Land
2. General history
3. Marriage
4. Moral characyer
5. Reputation must exist ante litem motam.
Monuments and inscriptions in public places may be
received as evidence in common reputation.
COMMERCIAL PUBLICATION
Requirements:
1. A commercial publication is a list, register,
periodical, or other published compilation
2. containing statements of matters of interest to
persons engaged in an occupation,
3. published for use by persons engaged in that
occupation,
4. and is generally used and relied upon by them.
RE: S47 R130
Statement of matters contained in a periodical may be
admitted only “if that compilation is published for use
by persons engaged in that occupation and is generally
used and relied upon by them therein.
OFFICIAL RECORDS
Entries in official records made in the performance of
his duty by a public officer of the Philippines or of
foreign country, or by a person in the performance of a
duty specially enjoined by law are excepted from the
hearsay rule.
Requirements:
1. the entries must have been made in official
records
2. the entry must have been made by a public
officer of the PH in the performance of his duty
or by reason in the performance of a duty
specially enjoined by law.
3. The entrant must have personal knowledge of
the facts stated by him from reports made by
persons under a legal duty to submit the same.
4. The entrant must have personal knowledge.
Case law.
RE:
Entries in official records made by a public officer in the
performance of his duty are excepted from the hearsay
rule are. There is no requirement that the entrant is
dead or unable to testify.
Official entries are prima facie evidence of the facts
stated therein.
The entrant must have personal knowledge of the facts
stated by him or such facts was acquired by him from
reports made by persons under a legal duty to submit
the same.
Persons specially enjoined by law
1. Log book entries required under the code of
commerce to be kept by a ship captain.
2. Stamp of dishonor and its reason required from
the drawee of a check under B.P. Blg. 22.
RE: medico-legal report admissible against accused in
rape case; exempted from hearsay since it is an official
record. The personal appearance in court of a witness
who prepared the report shall be unnecessary unless
demanded by the accused for cross-examination.
Official entries are public documents; thus, it need not
be authenticated.
Certified copy of the report of a government MEDICAL,
CHEMICAL or LABORATORY EXPERT relating to a
criminal case shall be admissible as prima facie evidence
of the truth of its contents.
LEARNED TREATISES
Requisites
1. There is a published treatise, periodical or
pamphlet
2. It is on the subject of law, art, science, or
history.
3. The writer of the statement in the treatise,
periodical, or pamphlet is recognized in his
profession or calling as expert in the subject.
Such recognition may be proved by an expert witness or
taken judicial notice of by the court.
RESIDUAL EXCEPTION to the hearsay
The court may admit evidence on the ground of
necessity and trustworthiness.
HEARSAY EXCEPTION IN CHILD ABUSE CASES
A child’s statement describing an act or attempted act
of child is excepted from the hearsay rule.
The statement shall be admitted only if corroborated by
other admissible evidence.
MULTIPLE (DOUBLE) HEARSAY
Occurs when a hearsay declaration is embedded in
another with result that there are two or more levels of
hearsay.
LACK OF PERSONAL KNOWLEDGE DISTINGUISHED FROM
HEARSAY
Is when a witness is testifying on facts which he does
not know of his personal knowledge or which are not
derived from his own perception.
OPINION RULE
The opinion of a witness is not admissible in evidence
subject to certain exceptions.
Exceptions:
1. Expert opinion
2. Lay opinion on handwriting, identity, sanity and
3. Short-hand opinions on CABE
4. Witness’s opinion of a person’s character in
cases where character evidence is admissible.
An expert witness should be qualified before he is
allowed to testify.
QUALIFICATION is made by showing that the witness
possesses special knowledge, skills, experience, or
training. TEKES
Unlike the ordinary witness, the expert witness may
testify based on hypothetical or assumed facts.
RULE REGARDING THE ADMISSIBILITY OF A REPORT BY A
GOVERNMENT MEDICAL, CHEMICAL, OR LABORATORY
EXPERT (MCLE)
 - A certified true copy of the report of a
government MCLE relating to a criminal
case shall be admissible as prima facie
evidence of the truth of its contents.
- The personal appearance in court of a
witness who prepared the report shall be
unnecessary unless demanded by the
accused for the purpose of cross-
examination.
OPINION OF AN ORDINARY WITNESS ADMISSIBLE IN
EVIDENCE REGARDING:
1. Identity of a person about whom he has
adequate knowledge
2. A handwriting with which he has sufficient
familiarity.
3. The mental sanity of a person with whom
he is sufficiently acquainted.
The witness may also testify on his impressions of the
condition, appearance, behavior, or emotion of a
person. CABE.
RE:
It is well-settled that a witness’s opinion or estimate of
speed or velocity is admissible in evidence.
CHARACTER EVIDENCE
GR: character evidence is not admissible. The reason is
that it is irrelevant. A case should be decided based on
the facts and the law, not on the character of the
parties.
USES: CRID
1. Circumstantial evidence, that is, that a person
acted in conformity with his character.
2. Direct evidence of character, where character
itself is the fact in issue.
3. To impeach the adverse party’s witness
4. To rehabilitate a witness whose character has
been impeached.
Character cannot be used as circumstantial evidence in
a civil case except to impeach or rehabilitate a witness.
In civil cases, evidence of moral character of a party is
admissible only when pertinent to the issue of
character involved in a case. PICIC
Ex. Liber or slander, seduction, negligent hiring and child
custody cases.
Character evidence in criminal cases
In criminal cases, character can be used as
circumstantial evidence:
1. Mercy Rule
2. Character of offended party
MERCY RULE ( ACCUSED’S CHARACTER)
Criminal cases: evidence of the accused’s good moral
character is admissible if pertinent to the moral trait
involved in the offense charged. (PMTIOC)
The prosecution cannot adduce evidence of the
accused’s bad moral character unless in rebuttal.
Offended party in criminal case
Evidence of the good or bad moral character of the
offended party is admissible if it tends to establish the
probability or improbability of the offense charged.
Adverse party’s witness
The adverse party may introduce evidence that a
witness’s general reputation for honesty, integrity, or
truth (HIT) is bad for purposes of impeaching the
witness.
PART 3 C
The witness may not be impeached by evidence of
particular wrongful acts, except that it may be shown by
the examination of the witness, or record of the
judgment, that he has been convicted of an offense.
Party’s witness
If the good character of a witness has been impeached,
the party presenting the witness may rehabilitate his
witness by presenting evidence of his good character.
A party cannot present evidence of good moral
character of his witness if the same has not been
impeached.
Re:
Evidence as to the bad character of the accused cannot
be proved by the prosecution unless in rebuttal.

How is character proved? ROS
1. Reputation evidence
2. The witness’s opinion
3. Specific instances of conduct
RULE 131. Burden of proof, burden of evidence, and
presumptions.
EQUIPOISE DOCTRINE
Where the evidence on a particular issue is in equipoise
or level or where the party not having the burden of
proof has produced countervailing evidence, the result
is that the party with the burden of proof will lose out
on the particular issue.
Burden of proof never shifts but burden of evidence
may shift from one party to another in the course of the
proceedings, depending on the exigencies of the case.
RE: S3 R131
When a mail was sent by registered mail, there arises a
disputable presumption that it was received in the
regular course of mail. The facts to be proved in order
to raise this presumption are:
a. That the letter as properly addressed with
postage prepaid; and
b. That it was mailed.
Ex. Presentation of sufficient evidence, such as the
registry receipt or the registry return card
RE:
Under the Rules of Evidence, the presumption is that
evidence willfully suppressed would be adverse if
produced.
RE: there is a disputable presumption that things have
happened according to the ordinary course of nature
and the ordinary habits of life.
RULE 129. What need not be proved
Matters of which the court has:
1. Taken judicial notice and
2. Judicial admissions
They do not require proof.
JUDICIAL NOTICE
Is a process whereby the court takes note of certain
facts which are capable of being known to a veritable
certainty by consulting sources of indisputable accuracy,
thereby relieving one party of the burden of producing
evidence to prove these facts.
MANDATORY; Judicial notice
A court shall take judicial notice, without introduction of
evidence of: SIP NTG
1. STATES. The existence and territorial extent of
states, their political history, forms of
government and symbols of nationality.
2. INTERNATIONAL LAW. The law of nations, the
admiralty and maritime courts of the world and
their seals.
3. PHILIPPINES. The pol. Constitution and history
of the PH, the official acts of the legislative,
executive and judicial departments.
4. LAWS OF NATURE
5. MEASURE OF TIME
6. GEOGRAPHICAL DIVISIONS
RE: CA may not take judicial notice of cases previously
decided by it. Bernas v. estate of yuh an yat
DISCRETIONARY: Judicial notice
A court may take judicial notice of matters which are of
1. Public knowledge
2. Capable of unquestionable demonstration or
3. Ought to be known to judges because of their
judicial functions.
HEARING: Required
RE: a hearing is required before the court may take
judicial notice of a matter. This is to allow the parties to
be heard on the matter.
JUDICIAL ADMISSION
Is an admission, oral or written, made by a party in the
course of the proceedings in the same case. It does not
require proof.
RE:
A judicial admission can’t be contradicted except by
showing that it was made through palpable mistake or
that the imputed admission was not, in fact, made.
RULE 132. Presentation of Evidence
The examination of witness presented in a trial or a
hearing shall be done in open court and under oath or
affirmation.
UNLESS, the witness is incapacitated to speak or the
question calls for a different mode of answer, the
answers of the witness shall be given orally.
Exceptions:
freedom from interest or bias and to elicit all important
facts bearing upon the issue.
Re: the witness may be cross-examined on any relevant
matter with sufficient fullness and freedom to elicit all
important facts bearing upon the issue.
2 instances where we follow AMERICAN RULE:
1. S13 R 132, cross examination of a witness who
has been called as an adverse-party witness by
the other side or who has declared as a hostile
witness or unwilling upon the initiative of the
other side.
2. Cross-examination of the accused in a criminal
case.
RE: testimony of witness who died before he could be
cross-examined must be expunged if there is no
showing of delay or fault by the party waiting to cross.

1. Testimony of a witness covered by Rule on

Summary Procedure shall be by way of affidavit.
2. In criminal cases covered by the Rule on
Summary Procedure, the affidavits submitted by
the parties shall constitute the direct
Methods of impeaching adverse party’s witness
testimonies of the witnesses who executed the
same, subject to cross-examination, redirect, or CRIC
recross examination.
1. CONTRADICTORY EVIDENCE.
RE: Witness’s testimony should be elicited by way of 2. REPUTATION EVIDENCE.
questions and answers. 3. INCONSISTENT STATEMENT
4. CONVICTION
Thus, if the witness does a narration instead of
->1 YEAR
answering the question, the answer may be stricken out
- crime involved moral turpitude, regardless of
upon objection.
penalty.
Exception: S19 132 on examination of a child witness
which provides that the court may allow a child witness
INCONSISTENT STATEMENT: HOW to IMPEACH
to testify in narrative form.
Before a witness is impeached by evidence of an
RE:
inconsistent statement, the predicate must first be laid.
A witness must answer questions, although his answer
HOW?
may tend to establish a claim against him. S3 R132.
WRAE
Refusal to answer as witness constitutes direct
contempt. S1 R71 1. If the statement is in writing, it must first be
shown to the witness before any question is
Cross- examination
asked of him concerning the statement.
The witness may ne cross-examined by the adverse 2. The statement must be related to him, with
party on any relevant matter with sufficient fullness and circumstances of the time and place and the
freedom to test his accuracy and truthfulness and persons present
 3. He must be asked whether he made such
statement
4. If so, he must be asked to explain the
inconsistency.
Evidence of the good character of a witness
Not admissible, unless such character has been
impeached. In such a case, the party presenting the
witness can rehabilitate the witness by introducing
evidence of his good character.
GR: a party producing a witness is not allowed to
impeach the witness’ credibility. The basis for the rule is
that a party vouches for his witness’ credibility.
Exception:
1. Unwilling or hostile witness.
If the witness has been declared by the court as an
unwilling or hostile witness.
2. Adverse-party witness.
If the witness is an adverse party or a director,
officer, or managing agent of a corporation,
partnership or association which is an adverse
party.
RE: The writing or record must be written or
recorded by or under the direction of the witness
testifying therefrom.
Writing or record does not have independent
evidentiary value, does it can not be offered in
evidence.
The writing or record which is used to refresh a
witness’s memory need not comply with the best
evidence rule since it does not have any
independent evidential value.
The record or writing recording past recollection
should comply with the best evidence rule since it is
offered as proof of its contents.
LIVE-LINK TV TESTIMONY OF A CHILD WITNESS
Ancient document
Is a private document which is more than 30 years old,
is produced from a custody in which it would naturally
be found if genuine, and us unblemished by any
alteration or suspicious circumstance. It does not need
to be authenticated. Excepted from the hearsay rule.
Authentication by circumstantial evidence is now
expressly recognized in the 2020 Rules on Evidence.
PUBLIC DOCUMENTS
PATO
1. OFFICIAL RECORDS. Written official acts or
records of official acts of the sovereign
authority, official bodies and tribunals, and
public officers, whether of the Philippines or of
a foreign country. S.19A.
2. ACKNOWLEDGED documents. Notarial
documents. S.19 B
3. Documents that are considered public
documents under TREATIES and CONVENTIONS
which are in force between the Philippines and
the country of source. S.19.C
4. Public records of private documents required by
law to be entered therein.
RE: written official acts or records of official acts of
public officers whether of the Philippines or of a foreign
country are considered as public records. Thus, no
longer needs to be authenticated.
AN OFFICIAL RECORD may be evidenced by:
1. Official publication thereof, or
2. Copy attested by the officer having the legal
custody of the record or by his deputy and
accompanied, if the record is not kept in the PH,
with a certificate that such officer has the
custody.
NOTE: Proof of official record applies only to S19 (A) and
not to B and C.
Public record of a private document
May be proved by:
1. Original record or
 2. Copy attested by the legal custodian of the When the objection is based on 2 or more grounds, a
record, with an appropriate certificate that such ruling sustaining the objection must specify the
officer has the custody. ground/s relied upon.

Attestation: TENDER OF EXCLUDED EVIDENCE

The attestation must state, in substance, that the copy If the documents or things offered in evidence are
is the correct of the original, or a specific part thereof, excluded by the court, the offeror may have the same
as the case may be. attached to or made part of the record.

Must be under the official seal of the attesting officer, if The purpose of making a tender of excluded evidence is
there be any, or if he be the clerk of a court having a to allow the appellate court to assess whether the trial
seal, under the seal of such court. court’s exclusion of the evidence is proper.

Note: before tender of excluded evidence may be made

the evidence, it must be formally offered to the court
A JUDICIAL RECORD MAY BE IMPEACHED BY:
and denied admission by it.
1. Want of jurisdiction in the court or judicial
officer
2. Collusion between the parties, or ADMINISTRATIVE OR QUASI-JUDICIAL BODIES
3. Fraud in the party offering the record, in respect
- Substantial evidence- such amount of
of the proceedings.
relevant evidence which a reasonable mind
might accept as adequate to support a
conclusion.
Acknowledge notarial documents
PRIOR CONSISTENT STATEMENT
Every instrument duly acknowledge or proved and
certified as provided by law, may be presented in Non- hearsay if:
evidence without further proof, the certificate of
1. Consistent with declarant’s testimony
acknowledgment being prima facie evidence of their
2. Offered to rebut an express or implied charge
execution.
against the declarant of recent fabrication or
FOREIGN: instrument of document acknowledged and improper influence or motive
authenticated in a foreign country considered authentic
PRIOR CONSISTENT IDENTIFICATION
in the PH.
Prior out-of-court identification statement is a
-acknowledgment must be made before the
permissible bolstering of the in-court identification.
Phil. Embassy or consul or before a notary public or
officer duly authorized by the law of the foreign country
to take acknowledgments of instruments or documents.
If done by the latter, his certificate must be
authenticated by the Ph. Embassy or consul.

NOTE:

Objection to the testimony of a witness for lack of a

formal offer must be made as soon as the witness
begins to testify.

RE: