BURDEN OF PROOF – rest on the party that affirms a fact, not one who denies a fact.

TEST OF BURDEN OF PROOF – the test of burden of proof is to determine who among the parties stand
to lose or win in case they failed to discharge such burden.

Burden of proof is the duty of the party to present evidence on the facts in issue necessary to establish a
claim or defense by the amount of proof required by law.

Hierarchy:

Proof Beyond Reasonable Doubt – In criminal cases

Clear and convincing evidence – usually in rebutting presumptions, among others. This is higher in
hierarchy against preponderance of evidence, and lower in rank against Proof Beyond reasonable doubt.

Preponderance of evidence – In civil cases

Substantial evidence – In administrative cases or quasi-judicial bodies

DISTINCTION between PAROL EVIDENCE RULE and ORIGINAL DOCUMENT RULE regarding OBJECTIONS in
relation to R132?

1. As to any objections for the violation of the original document rule, the party must object to the
offer after the party’s presentation of testimonial evidence, while in Parol Evidence Rule, the
party must object when it becomes apparent during the trial.
2. If the ground becomes apparent while in the course of testifying, the party must object
immediately, failure to do so will result to waiver to object.

HOW IS JUDICIAL AFFIDAVIT CHARACTERIZED?

Under the Judicial Affidavit Rule, a judicial affidavit is characterized as a testimonial evidence in a
question and answer form. This was promulgated by the Supreme Court to expedite direct examination
through the use of affidavit.

The procedural effect of the JAR would mean that instead of having direct examinations in an oral form
and in open court, direct examination is replaced with Judicial Affidavits which is usually done ex curia
and it is preserved in a affidavit which is in written form. As such, it would be merely presented during
trial, thereafter it will trigger cross-examination, among others.

Considering that the judicial affidavit is a testimonial evidence, rules on offer and objection as to Judicial
Affidavit is governed by Rules on Testimonial Evidence.

In the OFFER, it shall made in trial orally where the purpose of the evidence shall be stated and
specified. It shall be re-affirmed by the affiant in open court, subject to the cross-examination of the
party against whom it is offered.

As to any OBJECTIONS, it should be ORAL and Immediately made by the adverse party, if it had already
the opportunity to examine the same after it was served and filed.
The 2019 Amended rules of Evidence provides for the considerations that the court must weigh when
confronted by competing presumptions

In case of competing presumptions between parties, the one who rebuts the presumptions adverse to it
is entitled to prevail. If no party was able to rebut the presumptions, the presumption who has a
weightier consideration of public policy shall prevail.

Equiponderance of Presumptions – In case the presumptions are of equal weight, neither presumption
shall be considered. There would be a cancelling effect.

When can examination be made not in OPEN COURT?

1. Under the rule on Examination of Child Witnesses

2. Perpetuation of Testimony by Deposition
3. Testimonies in Civil Cases

RIGHTS OF THE WITNESSES?

1. Right against badgering or the right to be protected from insulting, , or improper questions, and
from harsh or insulting demeanor.
2. Right against self-incrimination
3. Right against irrelevant questions
4. Right not to be detained longer than the interests of justice requires
5. Right against self degradation. However, the witness must answer to the fact of his or her final
conviction of an offense.

DIRECT EXAMINATION – it is the examination-in-chief of a witness representing him on the facts that are
relevant to the pertinent issue. Must be done in open court – but under JAR, the Judicial affidavit takes
the place of the direct examination to expedite the proceedings.

If the JA is not submitted on time, the entire testimony of the witness on direct examination is waived.
However, the court may allow the late submission but it can only be availed once provided that the
party presenting evidence offers a valid reason for delay and the opposing party will not be prejudiced
thereby. Also, a fine of not less than 1000 to not more than 5000php will be imposed to the late
submission. The same may also be applied if there was an error in the submission of the JA. Further such
action must be done with leave of court.

A testimony not cross-examined because of the court must be stricken out due to a cause not
attributable to the opponent. If the deferment was due to a cause attributable to the opponent the
testimony on direct examination will stand.

A misleading question is one which assumes a true fact which is not yet testified by the witness.

Leading question suggests to the witness thee answer which the examining party desires.

WHEN MAY A WITNESS BE IMPEACHED?

1. By contrary evidence
2. By evidence that the general reputation of a witness for truth, honesty, and integrity is bad.
 3. By evidence that the he or she had made at other times statements that are inconsistent with
his or her present testimony.

Can a party impeach their own witness? AS a general no. A party cannot impeach their own witness
except when the court has declared that the witness has become an unwilling or hostile witness. If so,
the party can now impeach their own witness as if the latter was an adverse party witness.

When will court declare a witness as Unwilling or Hostile?

1. Upon adequate showing of the reluctance of the witness to answer questions

2. When such reluctance is unjustified
3. When the witness lead the examining party into calling him or her to the witness stand.

How to impeach a witness if he made prior inconsistent statements? BY LAYING THE PREDICATE

1. Is to Confront the witness that he or she made an inconsistent statements coupled with facts
and circumstances required by law
2. By CONFIRMING, the witness must be asked whether he or she made the statements, if so, let
them explain.
3. By exhibition, in case it was in wriring, it must be shown to the witness before question is put to
him concerning them.

The above rule does not apply when there is an evidence of admission, and not merely to impeach.
Thus, they may be impeached without resorting to laying the predicate.

Non-compliance will be a ground for objection for IMPROPER IMPEACHING.

A witness may refer to a memorandum to refresh memory or to recollect prior record.

What are public documents?

1. Written official acts, records of the sovereign authority, official bodies and tribunals and public
officers
2. Private documents that are acknowledged by the public notary except ordinary affidavits
3. Documents that are covered by treaties and conventions between PH and source country
4. Public records kept in the PHILIPPINES, or private records required by law to be entered therein.

PUBLIC DOCUMENTS are self-authenticating evidence. No need to be testified pursuant to presumption

of regularity.

OFFICIAL RECORD may be evidenced by:

1. An official publication thereof,

2. A copy attested by the officer having custody thereof, or its deputy, and accompanied with a
certificate that such officer has custody of it.

Who can authenticate PRIVATE DOCUMENTS? All other documents not mentioned as public documents
are PRIVATE DOCUMENTS.

1. By ANYONE who saw the document executed or written

2. By evidence of the genuineness of the signature or handwriting
 3. By other evidence showing its due execution or genuineness (authenticity)

ANCIENT DOCUMENTS are documents that are on its face genuine which has existed at least 30 years
and appears to be unblemished by any alterations or circumstances of suspicion.

Genuineness of handwriting are proved by:

1. Any witness who actually saw the person writing the instrument
2. By any person familiar with the signature or handwriting (xpn to hearsay rule, opinion of a
witness who is familiar with S or HW)
3. By comparison of admitted genuine specimens through autoptic preference
4. By an expert witness

OFFER OF EVIDENCE – No evidence shall be considered evidence which has not been offered formally
the purpose of which the evidence is offered is specified.

PROFFER OF EVIDENCE – when a party is denied a right to introduce evidence.

OFFER OF EVIDENCE

1. If the offer of the testimony, it must be made at the time the witness is called to testify
2. If the offer is a document or object evidence, it must be made after the presentation of
testimonial evidence.

It must be NOTED THAT JAR are testimonial evidence, hence it must be offered at the time a witness is
called to testify.

OBJECTION to a JA may be made wholly, or by portion by placing brackets

OBJECTION OF OFFER must be made immediately after the offer is made. Failure to do so would result
to waiver to object.

Objection to the testimony – must be made as soon as the witness begins to testify.

Objection to a question – must be made when grounds to object become reasonably apparent

Object as to form – may be asked again if rephrased

Objection as to substance – it cannot be asked again (privileged, hearsay)

WHAT IS PREPONDERANCE OE EVIDENCE – is meant that the evidence as a whole adduced by one side is
superior to that of the other. It refers to the weight, credit and value of the aggregate evidence on
either side and is usually synonymous with the term greater weight of evidence.

There is preponderance of evidence when the trier of facts is led to find that the existence of the
contested fact is more probable than its non-existence. The rule requires consideration of all the facts
and circumstances of the cases regardless if they are object, document, or testimonial. (TABUADA v
TABUADA)

PROOF BEYOND REASONABLE DOUBT does not require absolute certainty, the PBRD is that degree of
proof which produces conviction in an unprejudiced mind that is based on moral certainty that a crime
has been committed and that the accused is guilty.
CLEAR AND CONVINCING PROOF – evidence presented by a party during the trial is more highly
probable to be true than not and the judge has a firm belief or conviction in it.

Circumstantial evidence cannot produce conviction except when:

1. There is more than one circumstance

2. Facts from which inferences are derived from are PROVEN
3. The combination of all the circumstances is such as to produce conviction beyond reasonable
doubt.

CIRCUMSTANTIAL EVIDENCE – proves a fact or series of facts from which the facts in issue may be
established by inference.

WEIGHT OF EXPERT OPINION

The court may consider the weight of an expert opinion based on the following: (O-P-WR-O)

1. Whether the OPINION is based upon sufficient data or facts

2. Whether it is the PRODUCT of reliable principles and method
3. Whether the WITNESS has applied the principles and methods RELIABLY to the facts of the case,
and
4. Such OTHER FACTORS as the court may deem helpful to make such determination.