Republic of the Philippines

UNIVERSITY OF NORTHERN PHILIPPINES

Vigan City, Ilocos Sur

COLLEGE OF CRIMINAL JUSTICE EDUCATION

RULES ON EVIDENCE
A.M. No. 19-08-15-SC
Supreme Court of the Philippines

ATTY. DERICK JACKSON C. ARTATES

-and-
ATTY. DARYLL F. PIEDAD
Part-time Professors

COURSE OUTLINE

I. INTRODUCTORY

A. Distinguish: Substantive law and Remedial Law

B. Rule-making power of the Supreme Court
1. Limitations on the rule-making power of the Supreme Court
2. Power of the Supreme Court to amend and suspend procedural rules
C. Nature of Philippine Courts
1. Meaning of a court
2. Distinguish: court and judge
3. Classification of Philippine courts
4. Courts of original and appellate jurisdiction
5. Courts of general and special jurisdiction
6. Constitutional and statutory courts
7. Courts of law and equity
8. Principle of judicial hierarchy
9. Doctrine of non-interference or doctrine of judicial stability
D. Concept and distinction of Jurisdiction and Venue (in Criminal Cases)

II. GENERAL PRINCIPLES

A. Concept of evidence
B. Scope of the rules of evidence
C. Distinguish: proof and evidence
D. Distinguish: factum probans and factum probandum
E. Admissibility of evidence
1. Requisites for admissibility of evidence; exclusions under the Constitution,
laws, and the Rules of Court
2. Relevance of evidence and collateral matters
3. Multiple admissibility
4. Conditional admissibility
5. Curative admissibility
6. Direct and circumstantial evidence
7. Positive and negative evidence
8. Competent and credible evidence
F. Burden of proof and burden of evidence
G. Presumptions
1. Conclusive presumptions
2. Disputable presumptions

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 3. Presumptions in civil actions and proceedings; against an accused in criminal
cases
H. Construction of the rules of evidence
I. Quantum of evidence

III. JUDICIAL NOTICE AND JUDICIAL ADMISSIONS

A. What need not be proved

B. Matters of judicial notice
1. Mandatory
2. Discretionary
C. Judicial admissions
1. Effect of judicial admissions
2. How judicial admissions may be contradicted
3. Pre-trial admissions

IV. OBJECT (REAL) EVIDENCE

A. Nature of object evidence

B. Requisites for admissibility
C. Categories of object evidence
D. Chain of custody in relation to Section 21 of the Comprehensive Dangerous Drugs Act of
2002
E. DNA Evidence (A.M. No. 06-11-5-SC)
1. Meaning of DNA
2. Application for DNA testing order
3. Post-conviction DNA testing; remedy
4. Assessment of probative value of DNA evidence and admissibility
5. Rules on evaluation of reliability of the DNA testing methodology

V. DOCUMENTARY EVIDENCE

A. Meaning of documentary evidence

B. Requisites for admissibility
C. Original document rule
1. Meaning of the rule
2. When not applicable
3. Meaning of original document and duplicate
4. Secondary evidence; summaries
D. Electronic evidence (A.M. No. 01-07-01-SC)
1. Meaning of electronic evidence; electronic data message
2. Probative value of electronic documents or evidentiary weight; method of proof
3. Authentication of electronic documents and electronic signatures
4. Audio, photographic, video, and ephemeral evidence
E. Parol evidence rule
1. Application of the parol evidence rule
2. When parol evidence can be introduced
3. Distinguish: original document rule and parol evidence rule
F. Authentication and proof of documents
1. Meaning of authentication
2. Classes of documents
3. When a private writing requires authentication; proof of a private writing
4. When evidence of authenticity of a private writing is not required
5. Genuineness of handwriting
6. Public documents as evidence; proof of official record
7. Attestation of a copy
8. Public record of a public document
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 9. Proof of lack of record
10. How a judicial record is impeached
11. Proof of notarial documents
12. Alterations in a document
13. Documentary evidence in an unofficial language

VI. TESTIMONIAL EVIDENCE

A. Qualifications of a witness
B. Disqualification of witness
1. Disqualification by reason of marriage
2. Disqualification by reason of privileged communications; rule on third parties
a. Husband and wife
b. Attorney and client; exceptions
c. Physician and patient
d. Priest and penitent
e. Public officers
3. Parental and filial privilege
4. Trade secrets
C. Examination of a witness
1. Rights and obligations of a witness
2. Order in the examination of an individual witness
3. Leading and misleading questions
4. Impeachment of a witness
a. Adverse party’s witness
b. By evidence of conviction of crime
c. Own witness
d. How the witness is impeached by evidence of inconsistent statements
5. Referral of witness to memorandum
6. Examination of a child witness
a. Applicability of the rule
b. Meaning of “child witness”
c. Competency of a child witness
d. Examination of a child witness
e. Live-link TV testimony of a child witness
f. Videotaped deposition of a child witness
g. Hearsay exception in child abuse cases
h. Sexual abuse shield rule
i. Protective orders
D. Admissions and confessions
1. Admission by a party
2. Res inter alios acta rule
3. Admission by a third party
4. Admission by a co-partner or agent
5. Admission by a conspirator
6. Admission by privies
7. Admission by silence
8. Confessions
9. Similar acts as evidence
10. Admissibility of offers of compromise
E. Hearsay rule
1. Meaning of hearsay
2. Reason for exclusion of hearsay evidence
3. Exceptions to the hearsay rule
a. Dying declaration
b. Statement of decedent or person of unsound mind
c. Declaration against interest
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 d. Act or declaration about pedigree
e. Family reputation or tradition regarding pedigree
f. Common reputation
g. Part of res gestae
h. Records of regularly conducted business activity
i. Entries in official records
j. Commercial lists and the like
k. Learned treaties
l. Testimony or deposition at a former trial
m. Residual exception
4. Independently relevant statements
F. Opinion rule
1. Opinion of expert witness; weight given
2. Opinion of ordinary witness
G. Character evidence
1. Criminal cases
2. Civil cases
3. Criminal and civil cases
H. Judicial affidavits (A.M. No. 12-08-08-SC)
1. Scope
2. Submissions in lieu of direct testimony
3. Contents
4. Offer and objection
5. Application in criminal cases
6. Effect of non-compliance

VII. OFFER AND OBJECTION

A. Offer of evidence
B. When to make an offer
C. Objection
D. Repetition of an objection
E. Ruling
F. Striking out an answer
G. Tender of excluded evidence
---end---

“Not rendering evil for evil, or railing for railing;

but on the contrary, blessing others,
because you have been called to this,
that you should inherit blessing.”
1 Peter 3:9

Outline on Rules on Evidecne

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