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EVIDENCE What are the instances when proof is not needed?
Prepared by: 1. Res ipsa loquitur [Link]
3. Judicial notice [Link] admissions
ATTY. JINGO G. FERNANDEZ
What is evidence? Kinds of presumptions
It is the means, sanctioned by the Rules of Court, of ascertaining in 1. Conclusive - which the law does not allow to be controverted
a judicial proceeding the truth respecting a matter of fact.
2. Disputable - which are satisfactory if uncontradicted, but
which may be contradicted and overcome by other evidence
Note: The Rules on Evidence has been already been amended. The 2019
Amendments took effect last May 1, 2020, substantially modifying
several provisions of the Rules. What is judicial notice?
It is the cognizance of certain facts by the court w/o proof
What are the 3 classifications of evidence under the Rules of Court? because they are facts, which, by common experience, are of
universal knowledge among intelligent persons w/in a country or
Object – Directly addressed to the senses of the court. Referred to community
as real evidence or evidence by “autoptic preference”.
Documentary – Consist of writing or any material containing modes What are the requisites of judicial notice?
of written expression (i.e. words, numbers, figures, symbols) offered
as proof of their contents. Matter of common knowledge
Well & authoritatively settled and not doubted or uncertain ✓
Testimonial – Submitted to the court through the testimony or
deposition of a witness. Known to be w/in the limits of jurisdiction of the court

What are the other classifications of evidence? What are the kinds of judicial notice?
Direct – Proves the fact in dispute without aid of any inference or Mandatory
presumption. Discretionary
Circumstantial – Proof of fact/s from which, taken
singly/collectively, the existence of the particular fact in dispute What are examples of mandatory judicial notice?
may be inferred as a necessary/probable consequence. It is existence and territorial extent of states
evidence of relevant collateral facts. their political history, forms of government and symbols of
Cumulative – Evidence of the same kind and to the same state of nationality
facts.
the law of nations
Corroborative – Additional evidence of a different character to the
same point. the admiralty and maritime courts of the world and their seals
Prima facie – That which, standing alone is sufficient to maintain the political constitution and history of the Philippines
the proposition affirmed. the official acts of legislative, executive and judicial
Conclusive – That class of evidence which the law does not allow to departments of the National Government of the Philippines
be contradicted.
the laws of nature
Primary – The law regards these as affording the greatest certainty
of the fact in question. the measure of time ✓ the geographical divisions
Secondary – (Substitutionary evidence) Permitted by law only when
the best evidence is unavailable. Note:
Positive – When a witness affirms that a fact did or did not occur a. Courts are required to take judicial notice of laws made by the
(there is personal knowledge). Philippine Congress.
Negative – When witness states that he did not see or know of the b. Philippine courts are not required to take judicial notice of laws
occurrence of a fact of foreign countries. They should be pleaded and proven as facts
according to evidentiary rules. If the foreign laws are not pleaded
What is proof? and proven, they shall be presumed the same as Philippine laws
It is the result or effect of evidence; when the requisite quantum of following the “Processual Presumption Doctrine” or “Presumed
evidence of a particular fact has been duly admitted and given Identity
weight, the result is called the proof of such fact. Doctrine.”
Factum probandum Factum probans c. RTC branches are not mandated to take judicial notice of
ordinances within their territorial jurisdiction, unless the charter of
The ultimate fact or the fact The evidentiary fact or the fact an LGU mandates the RTC to do so.
sought to be established. It by which the factum
refers to the proposition (e.g. probandum is to be d. MTCs are required to take judicial notice of ordinances within
victim was stabbed). established; refers to the the municipality in which they are located.
materials that establish the
proposition (e.g. bloody knife). What is a judicial admission?
Note: ✓ Admission, oral or written, made by a party in the course of the
a. Irrelevant evidence - offered piece of evidence has no probative proceedings in the same case; does not require proof.
value
b. Inadmissible evidence - offered evidence is excluded by some rule Note: Judicial admission may be contradicted by the following:
of evidence a. It was made through palpable mistake; or
c. Incompetent evidence - offered evidence is not qualified under the b. The imputed admission was not, in fact, made
rules of testimonial evidence What are examples of judicial admission?
d. Immaterial evidence – the offered evidential fact is directed to Pleadings submitted to the court
prove some probandum which is not proper in issue. The rule of Verbal or written manifestations during trial
substantive law and of pleading are what determines immateriality Admissions made during pre-trial
e. Conditional admissibility – evidence is admissible only in Admissions made in other stages of judicial proceedings
dependence upon other facts. It is received on the express
assurance of counsel, when objection is manifested, that other facts RULES OF ADMISSIBILITY
will be duly presented at a suitable opportunity before the case is
closed. What is the rule with regard to admissibility of all kinds of evidence?
f. Multiple Admissibility - When a fact is offered for one purpose, and Evidence is admissible when it is relevant to the issue and is not
is admissible in so far as it satisfies all rules applicable to it when excluded by the Constitution, the law, or these rules.
offered for that purpose, its failure to satisfy some other rule which
would be applicable to it offered for another purpose does not
exclude it.

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Note: The general requirements for admissibility include: 1. Relevance 2. The purpose is two fold: (a) to ensure/preserve the identity of
and 2. Competence. The 2019 Amendment now codified that competency the object which is to prevent the introduction of a different object
of evidence is also determined by the constitution. and (b) to ensure/preserve the Integrity of the object which is to
ensure that there are no significant changes or alterations in the
What do relevance and competency mean? condition of the object or that the object has not been contaminated
Evidence to be have relevance must bear a relation or connection to
the fact in issue. 3. Important component elements of the process of
Evidence to be competent must be legal, that is, it is not excluded Authentication:
by the constitution, the law, or the rules of court. a. Proof of Identity: Through the testimony of a witness as to
objects which are readily identifiable by sight provided there is a
A. Object Evidence basis for the identification by the witness which may either be:
i. the markings placed by the witness upon the object, such as
What is object evidence? his initials, his pictures in the digital camera, or
That which is addressed directly to the sense of the court without ii. by the peculiar characteristics of the object i.e. by certain
the intervention of a witness, as by actual sight, hearing, taste, smell physical features which sets it apart from others of the same
or touch. kind or class by which it is readily identified. Examples: a hole
caused by burning in a sweater; the broken hilt of a knife
Is the right against self-incrimination available as a defense in
object evidence?
b. Proof of Identity and Integrity: by proving that there was no
No, such right is only against testimonial compulsion. The right break in the Chain-of-Custody in the event the object passed into
against self-incrimination is simply against the legal process of the possession of different persons. This means proving the
extracting from the lips of the accused an admission of guilt. chronological sequence through which the object was handled only
by persons who, by reason of their function or office, can reasonably
What are the kinds of object evidence? be expected to have the right or duty to possess or handle the object.
Unique objects This is done by calling each of these persons to explain how and
Objects made unique why he came into the possession of the object and what he did with
the object.
Non-unique objects
i. When the object passed into the possession of a stranger, then
there is doubt as to the integrity, if not identity of the object.
Note: The definition covers any material that may be seen, heard,
smelled, felt, or touched. They are the “sensual evidence” and are
grouped into: c. Proof of Integrity: by proving the proper preservation of the
object which consist of showing that the object was kept in a secure
A. Those exhibited to the Court or observed by it during the trial place as to make contamination or alteration difficult, and it has not
been brought out until its presentment in court.
• The weapons used, the articles recovered or seized as subjects of an
offense, the effects of the crime, clothing apparels
What is the effect if there was improper authentication?
• The wound or scars in the body in physical injury cases
✓ The object maybe excluded upon proper objection, or that it may not
• Inspection of the body of the accused and his personal appearance be given any evidentiary value. Thus in a criminal case, reliance
to determine his body built, physique, height, racial characteristics, thereon may be a ground for acquittal. Example: there was
and similarities with another, in paternity suits conflicting testimony by the policemen as to the description of the
• Observations as to the demeanor of witnesses bag allegedly containing the drug. The conviction was reversed.
• Re-enactment or demonstrations of actions
B. Documentary Evidence
B. Those which consists of the results of inspections of things or places
conducted by the court (ocular inspections) outside the court Documents as evidence consist of writings, recordings,
• The observations made by the parties are duly recorded, pictures photographs, or any material containing letters, words, sounds,
and other representations may be made such as sketches and numbers, figures, symbols, or their equivalent, or other modes of
measurements written expression offered as proof of their contents. Photographs
• Examples: inspection of the crime scene; disputed boundaries; include still pictures, drawings, stored images, x-ray films, motion
objects which cannot be brought to court pictures or videos.

C. Those which consists of the results of experiments, tests or Note: The 2019 Amendment reclassified recordings, photographs, or
demonstrations, which may be scientific tests/experiments, or practical sounds as documentary evidence. They were formerly under object
tests/demonstrations provided the conduct of experiments/tests is evidence because they are addressed to the senses of the court.
subject to the discretion of the court.
• Forensics or Microanalysis: the application of scientific principles to What is the original document rule?
answer questions of interest in the legal system. Applied most often When the subject of inquiry is the contents of a document, writing,
in the examination of Trace Evidence to solve crimes based on the recording, photograph or other record, no evidence is admissible
Principle of Contact other than the original itself.
a. Trace Evidence- evidence found at a crime scene in small but
measurable amounts such as hairs, fibers, soils, botanical Note: Under the 2019 Amendment, the “best evidence rule” is now
materials, explosive residue changed to “original document rule” to correct the concept.
b. Principle of Contact: every person who is physically involved in a
crime leaves some minute trace of his/her presence in the When can a document be considered original?
crime scene or in the victim and often takes something away
An original of a document is the document itself, or any counterpart
from the crime scene and/or victim
intended to have the same effect by a person executing or issuing it.
An original of a photograph includes the negative or any print
What are the requirements of admissibility of object evidence? therefrom. If data is stored in a computer or similar device, any
Inherent Requirements: printout or other output readable by sight or other means, shown
Proof of 1. Relevancy; and to reflect the data accurately, is an original.
2. Competency A duplicate is a counterpart produced by the same impression as
the original, or from the same matrix, or by means of photography
Procedural Requirement: including enlargements and miniatures, or by mechanical or
Proof of Authentication electronic re-recording, or by chemical reproduction, or by other
equivalent techniques which accurately reproduce the original.
Note: A duplicate is admissible to the same extent as an original unless
1. The process of proving that the object being presented in court 1.A genuine question is raised as to the authenticity of the
is the very object involved in the event original
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 CHAPS ONLINE/ONSITE TUTORIAL SERVICES
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[Link] the circumstances, it is unjust or inequitable to admit the Custody of Certified copy issued by
duplicate in lieu of the original a public the public officer in custody
officer or is of the original
Note: Under the old rules, the following are considered original recorded in
documents. But, all of them were reworded by the 2019 Amendment. ✓ a public
When the contents of which are the subject of the inquiry office
When a document is in two or more copies executed at or about the What is the parole evidence rule under the Rules of Court?
same time with identical contents When the terms of an agreement have been reduced to writing, it is
When an entry is repeated in the regular course of the business considered as containing all the terms agreed upon and there can
be, between the parties and their successors in interest, no evidence
of such terms other than the contents of the written agreement.
What the exceptions to the rule that only original documents may
be admissible?
What is the parole evidence rule under the Rules of Court?
When the original has been lost or destroyed, or cannot be produced
in court, without bad faith on the part of the offeror
When the terms of an agreement have been reduced to writing, it is
When the original is in the custody or control of the party against
considered as containing all the terms agreed upon and there can
whom it is offered, and the latter fails to produce it after reasonable
be, between the parties and their successors in interest, no evidence
notice, or the original cannot be obtained by local judicial processes
of such terms other than the contents of the written agreement.
or procedures
When the original consists of numerous accounts or cannot be
examined by the court without great loss of time the fact sought to Example
be established from them is only the general result of the whole Exception (Provided in the Lecture Notes of
Judge Gener Gito, 2020)
Note: The contents of such numerous accounts as evidence may be An intrinsic ambiguity, Gino Llamas executed a will
presented in the form of a chart, summary, or calculation. The mistake, or imperfection in wherein he bequeathed the
originals shall be available for examination or copying, or both, by the written agreement amount of Php1 million to Donna
the adverse party at a reasonable time and place. The court may Liga. Gino died. When his will was
order that they be produced in court. probated and later on about to be
executed, it turned out that there
were 3 Donna Ligas who are all
When the original is a public record in the custody of a public officer friends of Gino.
or is recorded in a public office
Failure of the Dino sold the land to Mona for the
When the original is not close-related to a controlling issue written agreement amount of Php200,000. The value
to express the true intent of the land is Php20,000,000. But,
What is a secondary evidence? and agreement of what the parties actually agreed
That which shows that better or primary evidence exists as to the the parties was Dino would borrow from
proof of the fact in question. Mona the amount of Php200,000
The offeror must What secondary evidence and use the land as security.
Original is
prove may be submitted The validity of the written Lino sold the land to Marie for
Unavailable [Link] existence and 1.A copy or agreement Php1,000,000. They executed a
because it execution deed of sale (DOS). They both
was lost or [Link] unavailability 2.A recital of its contents signed the same. However, Marie
destroyed [Link] the inan authentic document Or has no cash of Php1,000,000. So
unavailability was she told Lino that she would just
without bad faith on [Link] testimony of the go to the bank to withdraw. Marie
the part of the offeror witnesses in the order stated left Lino together with the DOS
and the title of the land. Unknown,
to Lino, Marie went to the Register
In the [Link] 1.A copy Or of Deeds to have the sale
custody or registered.
control of [Link] the document 2.A recital of its contents in The existence of other terms Lito borrowed money from Carla
adverse is under the custody an authentic document or agreed to by the parties or evidenced by a promissory note
party or control of the their successors-in-interest which is due and demandable on
adverse party [Link] testimony of the after the execution of the Jan. 4, 2017. Come Jan. 4, 2017,
witnesses in the order written agreement Lito did not pay. Carla sued Lito.
[Link] proponent has stated Lito argued that Carla extended
given the other party the maturity date of the loan to
reasonable Jan. 4, 2019. So the loan has not
opportunity to yet matured. Lito offered evidence
produce the to prove the extension. Carla
document objected on the ground of parol
evidence.
[Link] the other
party failed to
produce the original What are the 2 kinds of ambiguities?
document despite
Patent (extrinsic) where the instrument on its face is unintelligible
reasonable
2.
notice
Latent (intrinsic) where the words of the instrument are clear but
Consists of [Link] the 1. Chart Or
their application to the circumstances is doubtful
numerous documents are
3.
accounts voluminous 2. Summary Or
and What are necessary for a written instrument be reformed on the
voluminous ground of mistake?
[Link] they cannot 3. Calculation
be examined in court Mistake should be one of fact 4.
without great loss of Note: The originals shall be Mistake should be mutual or common to both parties to the
time available for examination or instrument
[Link] fact sought to copying, or both, by the Mistake should be alleged and proved by clear and convincing
be established from adverse party at a evidence
them is only the reasonable time and place.
general result of the Note: The rule permits parol evidence to explain an intrinsic ambiguity.
whole

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Interpretation of Documents
Disqualification by Description and/or Requisites
reason of
What is construction?
It is the process or the art of determining the sense, real meaning, Mental incapacity Deleted by the 2019 Amendment
or proper explanation of obscure or ambiguous terms or provisions Immaturity Deleted by the 2019 Amendment, it is now
in a statute, written instrument or oral agreement, or the
covered by the Rules on the Examination of
application of such subject to the case in question.
Child Witness
What is interpretation? Marriage General Rule:
It is the art or process of discovering and expounding the meaning 1. During their marriage
of a statute, will, contract or other written document. 2. The husband or the wife
3. Cannot testify against the other
✓ instrument may be construed according to usage without the consent of the affected spouse

C. Testimonial Evidence Except:

- In a civil case by one against the
A witness can testify only to those facts which he or she knows of other, or
his or her personal knowledge; that is, which are derived from his
or her own perception. - In a criminal case for a crime
committed by one against the other or the
Who are qualified to become witnesses? latter's direct descendants or ascendants.
Death or insanity of Deleted by the 2019 Amendment, now under
✓ All persons who can perceive, and perceiving, can make known
adverse party the exception to the hearsay but with
their perception to others, may be witnesses.
modified provisions
General rule: The following are not grounds for disqualification of Privileged a. Marital/spousal confidential
witness: communication communication
b. Attorney-client privileged
1. Religious belief; communication
2. Political belief; c. Physician-client
3. Interest in the outcome of the case; and d. Priest and penitent
4. Conviction of a crime e. Public officers
Exceptions: Under the Rules of Court, what are considered privileged
a. When provided for by law. communications?
b. Grounds for disqualification enumerated in the Rules on
Evidence:
Disqualification by reason of: - Marriage Marital Confidential/Privileged Communication
- Privileged communication Note: The husband or the wife, during or after the marriage, cannot be
The 2019 Amendment: examined without the consent of the other as to any communication
What are the rules in the interpretation of documents? received in confidence by one from the other during the marriage
except in a civil case by one against the other, or in a criminal case
legal meaning the writing bears in the place of its execution;
for a crime committed by one against the other or the latter's direct
all provisions must be given effect; descendants or ascendants.
intention of the parties must be pursued;
a particular intent will control a general intent inconsistent with it; Requisites:
circumstances of execution may be shown; a. Spouses are legally married
terms are presumed to have been used in their primary and general b. Privilege is claims with regard to a communication, oral or written,
acceptation; but evidence is admissible to show an otherwise made during the marriage
peculiar signification;
c. Said communication was made confidentially
written words control printed;
d. Action or proceeding where the privilege is claimed is not by one
experts & interpreters can be used to explain characters difficult to against the other
be deciphered or language not understood by the court;
when terms were intended in different senses, that sense is to
Attorney-Client Privileged Communication
prevail against either party in which he supposed the other
An attorney or person reasonably believed by the client to be
understood it;
licensed to engage in the practice of law cannot, without the consent
when different constructions are otherwise equally proper, the one of the client, be examined as to any communication made by the
most favorable to the party in whose favor the provision was made client to him or her, or his or her advice given thereon in the course
will be taken; of, or with a view to, professional employment, nor can an attorney's
construction in favor of natural right; secretary, stenographer, or clerk, or other persons assisting the
attorney be examined without the consent of the client and his or
Deleted disqualification by reason of immaturity, because it is now her employer, concerning any fact the knowledge of which has been
covered by the Rules on the Examination of Child Witness. acquired in such capacity

Deleted disqualification by reason of mental incapacity because all Who are covered by the attorney-client privilege?
persons including insane may be qualify as witness provided they satisfy An attorney
the minimum requirements. Person reasonably believed by the client to be licensed to engage in
the practice of law
Deleted disqualification by reason of death or insanity of adverse party
Attorney’s secretary, stenographer, or clerk ✓ Other persons
or the so-called “dead man statute.” However, it was placed as an
exception to hearsay with provisions provisions. Substantially amended assisting the attorney
the provisions on the disqualification by reason of privilege
communication. What matters are covered by the attorney-client privilege? ✓
Any communication made by the client
Advice given thereon in the course of, or, with a view to professional
employment
Any fact the knowledge of which has been acquired in such capacity

What are the exceptions to the attorney-client privilege?

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1. Always with consent of the A minister, priest or person reasonably believed to be so cannot,
client without the consent of the affected person, be examined as to any
communication or confession made to or any advice given by him or
2. Furtherance of crime or If the services of the lawyer
fraud (future crime-fraud her, in his or her professional character, in the course of discipline
were sought or obtained to
exception) enjoined by the church to which the minister or priest belongs.
enable or aid anyone to commit
or plan to commit what the
Who are covered by the priest-penitent privilege?
client knew or reasonably
should have known to be a Minister
crime or fraud Priest
3. Claimants through same As to communication relevant Person reasonably believed to be so
deceased client to an issue between parties
who claim through the same What matters are considered privilege under the priest-penitent
deceased client, regardless of privilege?
whether the claims are by Any communication or confession made to or any advice given by
testate or intestate or by inter him or her
vivos transaction Such communication or confession or advice was given in a
4. Breach of duty by lawyer As to communication relevant profession character
or to an issue of breach of duty by It was given in the course of discipline enjoined by the church to
client (self-defense the lawyer to his or her client, which the priest or minister belongs
exception) or by the client to his or her
lawyer Public Officers
5. Document attested by the As to a communication A public officer cannot be examined during or after his or her
lawyer relevant to an issue concerning tenure as to communications made to him or her in official
an attested document to which confidence, when the court finds that the public interest would
the lawyer is an attesting suffer by the disclosure.
witness
6. Joint clients As to communication relevant Note: The communication shall remain privileged, even in the hands of
to a matter of common interest a third person who may have obtained the information, provided that the
between two or more clients if original parties to the communication took reasonable precaution to
the communication was made protect its confidentiality.
by any of them to a lawyer What are other privileged matters?
retained or consulted in Editors may not be compelled to disclose the source of published
common, when news
offered in an action between Voters may not be compelled to disclose for whom they voted
any of the clients, unless they Information contained in tax census returns
have expressly agreed Bank deposits
otherwise. National security matters and intelligence information ✓ Criminal
Physician-Patient Privileged Communication matter
A physician, psychotherapist or person reasonably believed by
the patient to be authorized to practice medicine or psychotherapy What is the so-called parental and filial privilege?
cannot in a civil case, without the consent of the patient, be No person shall be compelled to testify against his or her parents,
examined as to any confidential communication made for the other direct ascendants, children or other direct descendants,
purpose of diagnosis or treatment of the patient's physical, mental except when such testimony is indispensable in a crime against that
or emotional condition, including alcohol or drug addiction, between person or by one parent against the other.
the patient and his or her physician or psychotherapist. This
Parental Privilege Filial Privilege
privilege also applies to persons, including members of the patient's
family, who have participated in the diagnosis or treatment of the A parent cannot be compelled A child may not be compelled to
patient under the direction of the physician or psychotherapist. to testify against his child or testify against his parent or
other direct descendants. direct ascendants.
What matters are considered privilege under the physician-patient Note:
privilege? a. This provision on parental-filial privilege does not apply to spouses.
Any confidential communication made between the patient and his b. This provision means that you may testify if you want, but you may
or her physician or psychotherapist for the purpose of diagnosis or not be compelled to testify, unless the exception shall apply.
treatment of patient’s: c. The exception is an incorporation of Article 215 of the Family Code
o Physical condition o Mental condition that a descendant may be compelled to testify against parents and
o Emotional condition o Including grandparents IF the testimony is indispensable in a crime against
alcohol or drug addiction
the descendant or by one parent against the other.

Who are the persons covered by the physician-patient privilege? What is the so-called privilege relating to trade secrets?
Physician A person cannot be compelled to testify about any trade secret,
Psychotherapist unless the non-disclosure will conceal fraud or otherwise work
Person reasonably believed by the patient to be authorized to injustice.
practice medicine or psychotherapy When disclosure is directed, the court shall take such protective
Persons, including members of the patient’s family, who have measures as the interest of the owner of the trade secret and of the
participated in the diagnosis or treatment of the patient under the parties and the furtherance of justice may require.
direction of the physician or psychotherapist
Note: The provision on trade secrets privilege is an addition by the 2019
Who is a psychotherapist under the physician-client privilege? Amendments based on Supreme Court cases.
A person licensed to practice medicine engaged in the diagnosis or
treatment of a mental or emotional condition; or Note: A trade secret:
A person licensed as a psychologist by the government while 1. Is a plan or process, tool, mechanism, or compound known only to
similarly engaged. its owner and those of his employees to whom it is necessary to
confide.
Priest-Penitent Privileged Communication

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2. Is a secret formula or process not patented, but known only to b. If the co-accused impliedly acquiesced in or adopted said confession
certain individuals using it in compounding some article of trade by not questioning its truthfulness;
having a commercial value.
3. May consist of any formula, pattern, device, or compilation of c. Where the accused admitted the facts stated by the confessant after
information that (a) is used in one’s business, and (b) gives the being apprised of such confession;
employer an opportunity to obtain an advantage over competitors
who do not possess the information.
d. If the accused are charged as co-conspirators of the crime which
was confessed by one of the accused and said confession is use only
Admissions and Confessions
as corroborative evidence;

General Rule: Confessions of a defendant made to witnesses are

admissible against him, but are inadmissible against his co-defendant e. Where the confession is used as circumstantial evidence to show the
probability of participation by the co- conspirator;
Exceptions:
a. Confessions on the stand confessions not objected to adopted f. Where the confessant testified for his co- defendant;
b. Confession identical confession corroborated confession
c. Confession by conspirator (after conspiracy has been shown & g. Where the co-conspirator’s extrajudicial confession is corroborated
proven) by other evidence of record.

What is a self-serving declaration? Rules on offer of compromise

✓ A declaration wherein: Offer of 1. Not admission of any liability; not
compromise in admissible in evidence against offeror.
a. The testimony is favorable to the declarant;
civil cases
b. It is made extrajudicially; and
2. Evidence of conduct or statements
c. It is made in anticipation of litigation. made incompromise negotiations is admissible.

Note: Self-serving declarations are not admissible. Except:

1. Evidence of conduct
What are the requisites for the admissibility of an admission? ✓ or statements
Must involve matters of fact and not of law; discovered other than during the
Must be categorical and definite; negotiation
Must be knowingly and voluntarily made; ✓ Must be adverse to 2. If the offer is to prove bias or prejudice
the admitter’s interest. of a witness
3. To negate a contention a undue delay
Admission Confession
4. To prove an effort to obstruct a criminal
It is an act, declaration or It is the declaration of an investigation or prosecution
omission as to a relevant fact. accused acknowledging his
It may be given by a party (in guilt of the offense charged, or Criminal cases General rule: Admissible against accused as
which case Rule 130, Sec. 26 of any offense necessarily implied admission of guilt
will be applicable) or by a third- included therein.
Exceptions:
party.
1. Quasi-offenses (criminal negligence)
Made in any kind of Made in criminal proceedings 2. Those offenses allowed by law to be
proceeding: only compromised – in tax cases
criminal, civil, administrative
May be express or implied Must be express
Exceptions:
May be given by the party Must be given the party himself
3. Quasi-offenses (criminal negligence)
himself or by 3rd person
4. Those offenses allowed by law to be
Judicial Confession Extra Judicial Confession compromised – in tax cases
A judicial confession is On the other hand, an Note: The following are not admissions of liability or guilt and are
sufficient in itself to sustain a extrajudicial confession is therefore not admissible in evidence
conviction, even in capital insufficient in itself to sustain a a. Plea of guilty later withdrawn;
offenses. conviction. It must be
b. Unaccepted offer of plea of guilty to a lesser offense;
corroborated by evidence of the
corpus delicti. c. Any statement made in the course of plea bargaining with the
prosecution, which does not result in a plea of guilty or which
What are the requisites for the admissibility of extrajudicial results in a plea of guilty later withdrawn
confession? d. Offer to pay or payment of medical, hospital or other expenses
Must involve an express and categorical acknowledgment of occasioned by an injury
guilt
The facts admitted must be constitutive of a criminal offense
Must have been given voluntarily
What is the so-called res inter alios acta rule 1st branch?
Must have been made intelligently
Must have been made with the assistance of competent and General rule:
independent counsel The rights of a party cannot be prejudiced by an act, declaration or
What are the rules governing extrajudicial confessions? omission of another (i.e. a non-party)
General rule: The extrajudicial confession of an accused is
binding only upon himself and is not admissible against his co- Except:
accused. 1. By partner or agent
a. The declaration or act of the partner or agent must have been made
Exceptions: or done within the scope of his authority or when the agent is
authorized by the party to make a statement concerning the subject;
a. Interlocking confessions, i.e. extrajudicial confessions
independently made without collusion which are identical with each b. The declaration or act must have been done during the existence of
other in their material respects and confirmatory of the other; the partnership or agency;

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c. The existence of partnership or agency is proven by evidence other What is an independently relevant statement?
than the declaration or act of the partner or agent It is a statement whose probative value is independent of its
2. By conspirator truth or falsity. The mere fact of its utterance is relevant,
a. An act or declaration of a conspirator has been made in furtherance
of conspiracy and during the existence of such conspiracy; What are the two kinds of independently relevant statements? ✓
b. Conspiracy is first proved by evidence other than the admission Statements which are the very facts in issue;
itself; Statements which are circumstantial evidence of the facts in
c. Admission relates to the common object. issue

3. By privies Note: Hearsay as evidence is generally excluded because of

a. There must be an act, declaration, or omission by a predecessor- 1. irresponsibility of the original declarant
ininterest; 2. depreciation of truth in the process of repetition
b. The act, declaration, or omission of the predecessor-in-interest 3. opportunities for fraud would open
must have occurred while he was holding the title to the property; 4. tendency of such evidence to protect legal inquiries, and
c. The act, declaration, or omission must be in relation the property. encourage the substitution of weaker for stronger proofs.

Who are considered “privies”? What are the exceptions to hearsay?

They are persons who are partakers or have an interest in any action There are 13 exceptions to hearsay under the 2019 Amendment, as
or thing, or any relation to another. follows:
a. Dying declaration
What is the so-called res inter alios acta 2nd branch? b. Statement of decedents or persons of unsound mind
The rule that evidence of previous conduct or similar acts at one c. Declaration against interest
time is not admissible to prove that one did or did not do the same
d. Act or declaration about pedigree
act at another time.
e. Family reputation or tradition regarding pedigree
What is the Latin maxim which is the basis of the res inter alios acta f. Common reputation
rule? g. Part of res gestae
Res inter alios acta alteri nocere non debet - things done between h. Record of regularly conducted business activity
strangers ought not to injure those who are not parties to them. i. Entries in the official records
j. Commercial lists and the like
What is admission by silence?
k. Learned treatise
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 l. Testimony or deposition at a former proceeding
declaration is such as naturally to call for action or comment if not m. Residual exception
true, and when proper and possible for him to do so, may be given
in evidence against him. What are the exceptions to hearsay rule?
Dying declaration – The declaration of a dying person, made under
What are the requisites of admission by silence? the consciousness of an impending death, may be received in any
Hearing and understanding of the statement by the party; case wherein his or her death is the subject of inquiry, as evidence
Opportunity and necessity of denying the statements; of the cause and surrounding circumstances of such death. a.
Statement must refer to a matter affecting his right; Death is imminent;
Facts were within the knowledge of the party; b. Declarant is conscious of his impending death;
Facts admitted or the inference to be drawn from his silence would c. Declaration refers to material facts which concern the
be material to the issue identity of the deceased or the accused, the cause &
circumstances of the killing; and
Hearsay Evidence Rule d. Declarant would be competent to testify had he
survived any case wherein the subject is his death.
What is a statement?
An oral or written assertion Statement of decedents or persons of unsound mind
A non-verbal conduct of a person, if it is intended by him or her (Comparable to the Dead Man Statute)
as an assertion a. In an action against an executor or administrator or
other representative of a deceased person or against such
What is a hearsay statement? person of unsound mind;
Hearsay is a statement other than one made by the declarant b. Where a party or assignor of a party or a person in
while testifying at a trial or hearing, offered to prove the truth of the whose behalf a case is prosecuted testifies on a matter of fact;
facts asserted therein. c. Such fact occurring before the death of the deceased
person or before the person became of unsound mind;
Is hearsay evidence admissible? d. Any statement of the deceased or the person of
No, it is inadmissible except otherwise provided in the Rules. unsound mind, may be received in evidence if the statement
was made upon the personal knowledge of the deceased or the
When is a statement not hearsay? person of unsound mind;
A statement is not hearsay if the declarant testifies at the trial e. At a time when the matter had been recently perceived
or hearing and is subject to cross-examination concerning the by him or her and while his or her recollection was clear.
statement, and the statement is:
a. Inconsistent with the declarant’s testimony, and was Note: Such statement, however, is inadmissible if made under the
given under oath subject to the penalty of perjury at trial, circumstances indicating its lack of trustworthiness.
hearing, or other proceeding, or in a deposition;
b. Consistent with the declarant’s testimony and is Declaration against interest
offered to rebut an express or implied charge against the a. The declaration made by a person deceased or unable
declarant of recent fabrication or improper influence or motive; to testify against the interest of the declarant;
c. One of identification of a person made after perceiving b. If the fact asserted in the declaration was at the time
him or her. it was made so far contrary to the declarant’s own interest that

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a reasonable person in his or her position would not have made Note: The requirement of antiquity or “more than 30 years old” is
the declaration, unless he or she believed it to be true; removed by the 2019 Amendment. Instead, reliability is ensured because
c. May be received in evidence against himself or herself the testimony represents the consensus of the community.
or his or her successors-in-interest and against third persons.
Part of the res gestae – Statements made by a person while a
Example of declaration against interest startling occurrence is taking place or immediately prior or
In a settlement of estate of Carlito, Luisa, mother of Carlo, presented a subsequent thereto, under the stress of excitement caused by the
letter, purportedly sent by Carlito to Luisa, acknowledging his occurrence with respect to the circumstances thereof, may be given
responsibility as the father of Carlo. in evidence as part of the res gestae. So, also, statements
accompanying an equivocal act material to the issue, and giving it a
The administrator of Carlito objected to said testimony and the legal significance, may be received as part of the res gestae.
admission of the letter for being hearsay.

Should the objection be sustained? Two parts of res gestae

a. Spontaneous exclamations/statement
No. Because the statement is in the nature of declaration against - There is a startling occurrence;
interest.
- A statement was made while the event is taking place, or
Declaration against interest Admission against interest immediately prior or subsequent thereto;
It is made by a person who is It is made by a party to a - The statement was made before the declarant had time to
neither a party nor in privity litigation or by one in privity contrive or devise falsehood;
with a party to the suit. with or identified in legal - The statement relates to the circumstances of the startling
interest with such party. event or occurrence,

Admissible only when the Admissible whether or not the

b. Contemporaneous statements or verbal acts
declarant is unavailable as a declarant is available as a
witness. witness. - The principal act to be categorized must be equivocal
- The equivocal act must be material to the issue
Act or declaration against pedigree – The act or declaration of a
person deceased or unable to testify, in respect to the pedigree of
- The statement must accompany the equivocal act
another person related to him or her by birth, adoption, or marriage Spontaneous Exclamations Contemporaneous
or, in the absence thereof, with whose family he or she was so or verbal act
intimately associated as to be likely to have accurate information
Res gestae is the Res gestae is the
concerning his or her pedigree, may be received in evidence where
startling occurrence equivocal act
it occurred before the controversy, and the relationship between the
two persons is shown by evidence other than such act or Exclamation may be prior to, Verbal act must be
declaration. simultaneous with or contemporaneous with or must
subsequent to the startling accompany the equivocal act
a. Declarant is dead or unable to testify occurrence
b. Pedigree must be in issue Records of regularly conducted business – A memorandum,
c. Declarant must be related by birth, adoption or report, record, or data compilation of acts, events, conditions,
marriage of the person whose pedigree is in question opinions, or diagnoses, made by writing, typing, electronic, optical
or other similar means at or near the time of or from transmission
d. Declaration must be made before the controversy or supply of information by a person with knowledge thereof and
occurred – ante-litem motam kept in
e. The relationship between the two persons is shown by the regular course or conduct of a business activity, and such was
evidence other than such declaration the regular practice to make the memorandum, report, record, or
data compilation by electronic, optical or similar means, all of which
What does pedigree include? are shown by the testimony of the custodian or other qualified
Relationship witnesses, is expected from the rule on hearsay evidence.
Family
Note: “Records of regularly conducted business” under the 2019
Genealogy
Amendment replaces “entries in the course of business.”
Birth
Marriage
Entries in official records
Death
a. Entry was made by a public officer or by another person
The dates when the above facts occurred specially enjoined by law to do so;
The places where the above facts occurred
b. Made in the performance of his duties or by another person in
Names of the relatives the performance of a duty specially enjoined by law; and
Family history intimately connected with pedigree c. The public officer or the other person had sufficient knowledge
of the facts by him stated, acquired by him either personally or
Family reputation or tradition regarding pedigree thru official channels connected with the exercise of his public
functions.
a. There is controversy in respect to the pedigree of any
members of the family;
b. The reputation or traditions of the pedigree of the Commercial lists and the like - Evidence of statements of
person concerned existed previous to the controversy; matters of interest to persons engaged in an occupation contained
in a list, register, periodical, or other published compilation is
c. The witness testifying to the reputation or tradition
admissible as tending to prove the truth of any relevant matter so
regarding the pedigree of the person is a member of the family
stated if that compilation is published for use by persons engaged
of said person, either by consanguinity or affinity or adoption.
in that occupation and is generally used and relied upon by them
therein.
Common reputation – Common reputation existing previous to the
controversy, as to boundaries of or customs affecting lands in the
Learned treatises – A published treatise, periodical or
community and reputation as to events of general history important
pamphlet on a subject of history, law, science, or art is admissible
to the community, or respecting marriage or moral character, may
as tending to prove the truth of a matter stated therein if the court
be given in evidence. Monuments and inscriptions in public places
takes judicial notice, or a witness expert in the subject testifies, that
may be received as evidence of common reputation.
the writer of the statement in the treatise, periodical or pamphlet is
recognized in his or her profession or calling as expert in the subject.
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Testimony or deposition at a former proceeding The General rule: Evidence of a person's character or a trait of character is
testimony or deposition of a witness deceased or out of the not admissible for the purpose of proving action in conformity therewith
Philippines or who cannot, with due diligence, be found therein, or on a particular occasion.
is unavailable or otherwise unable to testify, given in a former case
or proceeding, judicial or administrative, involving the same parties Exceptions:
and subject matter, may be given in evidence against the adverse 1. In criminal cases:
party who had the opportunity to cross-examine him or her. a. The character of the offended party may be proved if it tends to
establish in any reasonable degree the probability or
Note: The 2019 Amendment inserted the clause “out of the Philippines improbability of the offense charged.
or who cannot, with due diligence, be found therein, or is unavailable b. The accused may prove his or her good moral character,
or otherwise unable to testify.” pertinent to the moral trait involved in the offense charged.
However, the prosecution may not prove his or her bad moral
a. The witness is dead or out of the Philippines or who cannot, character unless on rebuttal.
with due diligence, be found therein, or is unavailable or
otherwise unable to testify; 2. In civil cases – Evidence of the moral character of a party is admissible
b. His testimony or deposition was given in a former case or only when pertinent to the issue of character involved in the case.
proceeding, judicial or administrative, between the same
parties or those representing the same parties;
3. In criminal and civil cases:
c. The former case involved the same subject as that in the
present case, although on different cause of action;
a. Evidence of the good character of a witness is not admissible until
such character has been impeached.
d. The issue testified to by the witness in the former trial is the
b. In all cases in which evidence of character or a trait of character
same issue involved in the present case;
of a person is admissible, proof may be made by testimony as to
e. The adverse party had the opportunity to cross-examine the reputation or by testimony in the form of an opinion. On
witness in the former case. crossexamination, inquiry is allowable into relevant specific
instances of conduct.
Residual exception – a statement not specifically covered by c. In cases in which character or a trait of character of a person is
any of the foregoing exceptions, having equivalent circumstantial an essential element of a charge, claim or defense, proof may also
guarantees of trustworthiness, is admissible if the court determines be made specific instances of that person’s conduct.
that:
a. The statement is offered as evidence of a material fact; BURDEN OF PROOF AND PRESUMPTIONS
b. The statement is more probative on the point for which it is
offered than any other evidence which the proponent can What matters may need not be proved by a party to an action?
procure through reasonable efforts; and allegations contained in the complaint or answer immaterial to the
c. The general purposes of these rules and the interests of justice issues
will be best served by admission of the statement into evidence. facts which are admitted or which are not denied in the answer,
provided they have been sufficiently alleged
Note: Residual exception is a new provision added by the 2019 those which are the subject of an agreed statement of facts between
Amendment. parties, as well as those admitted by the party in the course of the
Note: However, a statement may not be admitted under this exception proceedings in the same case
unless: those subject to judicial notice
a. The proponent makes known to the adverse party, sufficiently in facts which are legally presumed
advance of the hearing, or by the pre-trial stage in the case of a trial
facts peculiarly w/in the knowledge of the opposite party
of the main case;
b. To provide the adverse party with a fair opportunity to prepare to What are the classifications of presumptions?
meet it, the proponent’s intention to offer the statement and the
Presumption Legis (of Law)- these are presumptions which the law
particulars of it, including the name and address of the declarant.
directs to be made by the court
Opinion Rule Presumption Hominis (of Fact) - these are presumptions which may
be made as a result of the mental processes of inductive or deductive
reasoning from a fact
Note: The opinion of a witness is not admissible, except in the following
cases:
What are the kinds of presumption legis?
Juris tantum- or prima facie, rebuttable or disputable presumption
1. Opinion of expert witness on a matter requiring special
or those which may be overcome or disproved
knowledge, skill, experience or training or education, which he or she is
shown to possess, may be received in evidence; Juris et de Jure: conclusive or those which the law does not allow
to be contradicted
Note: The 2019 Amendment inserted the word “education.”
What is burden of proof?
Burden of proof is the duty of a party to present evidence on the
2. Opinion of ordinary witness the identity or the handwriting of
facts in issue necessary to establish his or her claim or defense by
a person, when he has knowledge of the person or handwriting, whether
the amount of evidence required by law. Burden of proof never
he is an ordinary or expert witness;
shifts.

3. On the mental sanity of a person, if the witness is sufficiently What is burden of evidence?
acquainted with the former or if the latter is an expert witness;
Burden of evidence is the duty of a party to present evidence
sufficient to establish or rebut a fact in issue to establish a prima
4. On impressions of emotion, behavior, condition or appearance facie. Burden of evidence may shift from one party to the other in
of aperson which he has observed. the course of the proceedings, depending on the exigencies of the
case.
Character Evidence
Note: The 2019 Amendment clarified the nature of burden of proof, that
Note: The provisions on general rule and exceptions 1 and 2 of Character is, it never shifts. It also inserted the definition and nature of burden of
Evidence were modified and their sequence re-ordered. But they retain evidence.
the same meaning and import as that of the old provisions. Exception 3
was added by the 2019 Amendment as a new provision. Who has the burden of proof?

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Administrative cases – the complainant bears the burden of proof (t) That an endorsement of negotiable instrument was made before the
by substantial evidence instrument was overdue and at the place where the instrument is
Civil cases – the party making allegations by preponderance of dated;
evidence
Criminal cases – the prosecution has the onus probandi by proving (u) That a writing is truly dated;
proof beyond reasonable doubt
(v) That a letter duly directed and mailed was received in the
Note: The “burden of proof” remains throughout the trial with the party regularcourse of the mail;
upon whom it is imposed. It is the “burden of evidence” that shifts from
party to party during trial.
(w) That after an absence of seven years, it being unknown whether or
not the absentee still lives, he is considered dead for all purposes,
What are instances of conclusive presumptions? except for those of succession.
Whenever a party has, by his own declaration, act, or omission,
intentionally and deliberately led to another to believe a particular The absentee shall not be considered dead for the purpose of opening his
thing true, and to act upon such belief, he cannot, in any litigation succession till after an absence of ten years. If he disappeared after the
arising out of such declaration, act or omission, be permitted to age of seventy-five years, an absence of five years shall be sufficient in
falsify it. order that his succession may be opened.

The tenant is not permitted to deny the title of his landlord at the The following shall be considered dead for all purposes including the
time of commencement of the relation of landlord and tenant division of the estate among the heirs:
between them.
(1) A person on board a vessel lost during a sea voyage, or an
What are examples of disputable presumption? (a) aircraft withis missing, who has not been heard of for four years since
That a person is innocent of crime or wrong; the loss of the vessel or aircraft;

(b) That an unlawful act was done with an unlawful intent; (2) A member of the armed forces who has taken part in armed
hostilities,and has been missing for four years;
(c) That a person intends the ordinary consequences of his voluntary
act; (3) A person who has been in danger of death under other
circumstances and whose existence has not been known for four years;
(d) That a person takes ordinary care of his concerns;
(4) If a married person has been absent for four consecutive years,
(e) That evidence willfully suppressed would be adverse if produced; the spouse present may contract a subsequent marriage if he or she has
wellfounded belief that the absent spouse is already death. In case of
(f) That money paid by one to another was due to the latter; disappearance, where there is a danger of death the circumstances
hereinabove provided, an absence of only two years shall be sufficient
(g) That a thing delivered by one to another belonged to the latter; for the purpose of contracting a subsequent marriage. However, in any
case, before marrying again, the spouse present must institute a
(h) That an obligation delivered up to the debtor has been paid; summary proceedings as provided in the Family Code and in the rules
for declaration of presumptive death of the absentee, without prejudice
(i) That prior rents or installments had been paid when a receipt for to the effect of reappearance of the absent spouse.
thelater one is produced;
(x) That acquiescence resulted from a belief that the thing
(j) That a person found in possession of a thing taken in the doing of acquiesced inwas conformable to the law or fact;
arecent wrongful act is the taker and the doer of the whole act;
otherwise, that things which a person possess, or exercises acts of (y) That things have happened according to the ordinary course of
ownership over, are owned by him; natureand ordinary nature habits of life;

(k) That a person in possession of an order on himself for the payment (z) That persons acting as copartners have entered into a contract
of the money, or the delivery of anything, has paid the money or ofcopartneship;
delivered the thing accordingly;
(aa) That a man and woman deporting themselves as husband and
(l) That a person acting in a public office was regularly appointed or wife have entered into a lawful contract of marriage;
elected
to it;
(bb) That property acquired by a man and a woman who are
capacitated to marry each other and who live exclusively with each other
(m) That official duty has been regularly performed; as husband and wife without the benefit of marriage or under void
marriage, has been obtained by their joint efforts, work or industry.
(n) That a court, or judge acting as such, whether in the Philippines
orelsewhere, was acting in the lawful exercise of jurisdiction; (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
(o) That all the matters within an issue raised in a case were laid before through their actual joint contribution of money, property or industry,
the court and passed upon by it; and in like manner that all matters such contributions and their corresponding shares including joint
within an issue raised in a dispute submitted for arbitration were deposits of money and evidences of credit are equal.
laid before the arbitrators and passed upon by them;
(dd) That if the marriage is terminated and the mother contracted
(p) That private transactions have been fair and regular; anothermarriage within three hundred days after such termination of
the former marriage, these rules shall govern in the absence of proof to
the contrary:
(q) That the ordinary course of business has been followed;
(1) A child born before one hundred eighty days after the
(r) That there was a sufficient consideration for a contract; solemnization ofthe subsequent marriage is considered to have been
conceived during such marriage, even though it be born within the three
(s) That a negotiable instrument was given or indorsed for a hundred days after the termination of the former marriage.
sufficientconsideration;
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(2) A child born after one hundred eighty days following the What is the effect transcribing the records of the proceedings?
celebration of the subsequent marriage is considered to have been A transcript of the record of the proceedings made by the official
conceived during such marriage, even though it be born within the three stenographer, stenotypist or recorder and certified as correct by him
hundred days after the termination of the former marriage. shall be deemed prima facie a correct statement of such
proceedings.
(ee) That a thing once proved to exist continues as long as is usual
with things of the nature; What are the rights and obligations of a witness?
A witness must answer questions, although his answer may tend to
(ff) That the law has been obeyed; establish a claim against him. However, it is the right of a witness:
a. To be protected from irrelevant, improper, or insulting
(gg) That a printed or published book, purporting to be printed or questions, and from harsh or insulting demeanor;
published by public authority, was so printed or published; b. Not to be detained longer than the interests of justice
require;
(hh) That a printed or published book, purporting contain reports of c. Not to be examined except only as to matters pertinent
cases adjudged in tribunals of the country where the book is to the issue;
published, contains correct reports of such cases; d. Not to give an answer which will tend to subject him
to a penalty for an offense unless otherwise provided by law; or
(ii) That a trustee or other person whose duty it was to convey real e. Not to give an answer which will tend to degrade his
property to a particular person has actually conveyed it to him when reputation, unless it to be the very fact at issue or to a fact from
such presumption is necessary to perfect the title of such person or which the fact in issue would be presumed. But a witness must
his successor in interest; answer to the fact of his previous final conviction for an offense.

(jj) That except for purposes of succession, when two persons perish in What is the order of examination of an individual witness?
the same calamity, such as wreck, battle, or conflagration, and it is Direct examination by the proponent
not shown who died first, and there are no particular circumstances - Direct examination is the examination-in-chief of a witness by
from which it can be inferred, the survivorship is determined from the the party presenting him on the facts relevant to the issue.
probabilities resulting from the strength and the age of the sexes,
according to the following rules:
Cross-examination by the opponent
- Upon the termination of the direct examination, the witness
1. If both were under the age of fifteen years, the older is deemed
may be cross-examined by the adverse party on any relevant matter,
to have survived;
with sufficient fullness and freedom to test his accuracy and
2. If both were above the age sixty, the younger is deemed to truthfulness and freedom from interest or bias, or the reverse, and
havesurvived; to elicit all important facts bearing upon the issue.

3. If one is under fifteen and the other above sixty, the former is Note: The 2019 Amendment deleted the words “to any matters stated in
deemed to have survived; the direct examination, or connected therewith.” They were replaced by
the phrase “on any relevant matter.” This means, therefore, that
4. If both be over fifteen and under sixty, and the sex be different, crossexamination is not limited to matters stated on direct examination.
the maleis deemed to have survived, if the sex be the same, the older;
Re-direct examination by the proponent
5. If one be under fifteen or over sixty, and the other between those - After the cross-examination of the witness has been concluded,
ages, the latter is deemed to have survived. he may be re-examined by the party calling him, to explain or
supplement his answers given during the cross-examination. On
(kk) That if there is a doubt, as between two or more persons who are redirect-examination, questions on matters not dealt with during
called to succeed each other, as to which of them died first, whoever the cross-examination, may be allowed by the court in its discretion.
alleges the death of one prior to the other, shall prove the same; in the
absence of proof, they shall be considered to have died at the same time. Re-cross-examination by the opponent
- Upon the conclusion of the re-direct examination, the adverse
What is the presumption against an accused in criminal cases? party may re-cross-examine the witness on matters stated in his re-
✓ If a presumed fact that establishes guilt, is an element of the offense direct examination, and also on such other matters as may be
charged, or negates a defense, the existence of the basic fact must allowed by the court in its discretion.
be proved beyond reasonable doubt and the presumed fact follows
from the basic fact beyond reasonable doubt. What is the rule on recalling a witness?
General rule: After the examination of a witness by both sides has
PRESENTATION OF EVIDENCE been concluded, the witness cannot be recalled.
Exception: With leave of court, thus, the court will grant of withhold
A. Examination of Witnesses
leave in its discretion, as the interests of justice may require.

How is examination of a witness conducted?

What is the rule on impeachment of witness?
The examination of witnesses presented in a trial or hearing shall
General rule: The party producing a witness is not allowed to
be done in open court, and under oath or affirmation.
impeach his credibility.
Unless the witness is incapacitated to speak, or the questions calls
for a different mode of answer, the answers of the witness shall be
given orally. Exceptions:
1. Unwilling or hostile witness – A witness may be considered as
unwilling or hostile only if so declared by the court upon adequate
During trial, what should be recorded?
showing of:
The entire proceedings of a trial or hearing
a. his adverse interest,
The questions propounded to a witness and his answers
b. unjustified reluctance to testify; or
The statements made by the judge or any of the parties, counsel, or
witnesses with reference to the case c. his having misled the party into calling him to the

witness stand 2. Witness who is an adverse party

How shall the recording be done?
Shall be recorded by means of shorthand or stenotype or by other 3. Officer, director, or managing agent of a public or private corporation
means of recording found suitable by the court. or of a partnership or association which is an adverse party.

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but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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In these instances, such witnesses may be impeached by the party Note: The 2019 Amendment introduced new provisions as regards this
presenting him in all respects as if he had been called by the adverse part. Exceptions were inserted as to who cannot be excluded or
party, except by evidence of his bad character. separated.

How may an adverse party’s witness be impeached? B. Authentication and Proof of Documents
By contradictory evidence;
By evidence that his general reputation for truth, honesty, or What are the classes of documents?
integrity is bad; Public
By evidence that he has made at other times statements a. The written official acts, or records of the official acts of the
inconsistent with his present testimony (“prior inconsistent sovereign authority, official bodies and tribunals, and public
statements”) officers, whether of the Philippines, or of a foreign country

Note: An adverse party may not be impeached by evidence of particular b. Documents acknowledged before a notary public, except last
wrongful acts. But such wrongful acts may be shown by the examination wills and testaments
of the witness, or the record of the judgment, that he or she has been
convicted of an offense.
Note: Notarial documents may be presented in evidence
without further proof. The certificate of acknowledgement is
How to impeach a witness by evidence of conviction of crime? prima facie evidence of the execution of the instrument or
For the purpose of impeaching a witness, evidence that he or document involved.
she has been convicted by final judgment of a crime shall be
admitted if:
c. Documents acknowledged before a notary public under treaties
and conventions which are in force between the Philippines and
(a)the crime was punishable by a penalty in excess of one year; or the country of source
(b)the crime involved moral turpitude, regardless of the penalty
Note: Item “c” was inserted by the 2019 Amendments.
However, evidence of a conviction is not admissible if the
conviction has been the subject of an amnesty or annulment of d. Public records, kept in the Philippines, of private documents
conviction.
required by law to be entered therein Note: These documents
What is laying the predicate rule? may be proved by:
- It is the impeachment of a witness by prior inconsistent statements.
a. The original record,
Confronting the witness with the prior inconsistent statements with
b. A copy thereof attested by the legal custodian of the record,
the circumstances under which they were made; ✓ Asking him
with an appropriate certificate that such officer has the
whether he made such statements; and ✓ Giving him a chance to custody.
explain the inconsistency.

Private - consisting of all other writings

What is a leading question?
It is a question which suggests to the witness the answer which the
.Note: Before any private document offered as authentic is received in
examining party desires.
evidence, its due execution and authenticity must be proved either by:
Note: - Anyone who saw the document executed or written; or
General Rule: A leading question is not allowed to be asked. - Evidence of the genuineness of the signature or
handwriting of the maker.
Except: Any other private document need only be identified as that which it is
claimed to be.
1. On cross-examination;
2. On preliminary matters; How is a public document treated as evidence?
3. When there is difficulty is getting direct and intelligible answers Documents consisting of entries in public records made in the
from a witness who is ignorant, or a child of tender years, or is of performance of a duty by a public officer are prima facie evidence of
feeblemind, or a deaf-mute the facts therein stated.
4. Of an unwilling or hostile witness; or All other public documents are evidence, even against a third
5. Of a witness who is an adverse party or an officer, director, or person, of the fact which gave rise to their execution and of the date
managing agent of a public or private corporation or of a partnership of the latter.
or association which is an adverse party
How should the genuineness of handwriting be proved?
What is a misleading question? By any witness who believes it to be the handwriting of such
A misleading question is one which assumes as true a fact not yet person because he has seen the person write, or has seen writing
testified to by the witness, or contrary to that which he has purporting to be his upon which the witness has acted or been
previously stated. It is not allowed. charged, and has thus acquired knowledge of the handwriting of
such person.
How may witnesses be excluded or separated from each other? Evidence respecting the handwriting may also be given by a
The court, motu proprio, or upon motion, shall order witnesses comparison, made by the witness or the court, with writings
excluded so that they cannot hear the testimony of other witnesses. admitted or treated as genuine by the party against whom the
✓ This rule does not authorize exclusion of: evidence is offered, or proved to be genuine to the satisfaction of the
judge.
a. A party who is a natural person;
b. A duly designated representative of a juridical entity which is a
How is an official record proved?
party to the case;
May be evidenced by
c. A person whose presence is essential to the presentation of the
party’s cause; or a. An official publication thereof
d. A person authorized by a statute to be present. b. Or by a copy attested by the officer having the legal custody of
the record, or by his deputy, and accompanied, if the record is
The court may also cause witnesses to be kept separate and to be
not kept in the Philippines, with a certificate that such officer
prevented from conversing with one another, directly or through
has the custody.
intermediaries, until all shall have been examined.

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
 CHAPS ONLINE/ONSITE TUTORIAL SERVICES
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What if the official record is kept in an office in a foreign country, When to make offer?
how should it be proved? All evidence must offered orally.
By the certificate that such office or officer has the custody The offer of the testimony of a witness in evidence must be
which is to be made by a secretary of the embassy or legation, consul made at the time the witness is called to testify.
general, consul, vice consul, or consular agent or by any officer in The offer of documentary and object evidence shall be made
the foreign service of the Philippines stationed in the foreign country
after the presentation of party’s testimonial evidence.
in which the record is kept, and authenticated by the seal of his
office
Note: The 2019 Amendment clarified the manner on how offer of evidence
shall be made which shall be done orally.
Are public records removable?
Following the doctrine of irremovability, any public record, an When objection shall be made?
official copy of which is admissible in evidence, must not be removed
Objection to offer of evidence must be made orally immediately
from the office in which it is kept, except upon order of a court where
after the offer is made.
the inspection of the record is essential to the just determination of
a pending case. Objection to the testimony of a witness for lack of formal offer
must be made as soon as the witness begins to testify.
What documents need not be authenticated? a. Objection to a question propounded in the course of the oral
Public documents; examination of a witness must be made as soon as the ground
therefor become reasonably apparent.
b. Notarial documents;
The grounds for the objections must be specified.
c. Ancient documents
When and When and how to make objections
how to make
What is the ancient document rule? ✓
offer
Where a private document is:
a. More than 30 years old, Testimony of at the time Objection to offer of evidence must be
b. Is produced from a custody in which it would a witness the witness made orally immediately after the
naturally be found if genuine, and is offer is made. Objection to the
called to testimony of a witness for lack of
c. Is unblemished by any alterations or circumstances of
testify; Such formal offer must be made as soon as
suspicion
offer shall be the witness begins to testify.
d. No other evidence of its authenticity need be given. Objection to a question propounded
done
in the course of the oral examination
orall
In what Instances must alterations in documents be accounted for of a witness must be made as soon
by the producing party? They are y unless as the ground therefor become
allowed by reasonably apparent. The grounds for
The document being produced as genuine has been altered;
the court to the objections must be specified.
The alteration appears to have been done after the execution of the be done in
document; writing.
The alteration appears to have been in a part material to the
Documentary After the
question in dispute.
and object presentation
evidence of a party's
What explanations are satisfactory so as to make the altered testimonial
document admissible in evidence? evidence;
The producing party must show that the alteration was: Such offer
a. made by another; shall be done
orally unless
b. made without his (the producing party’s) concurrence; allowed by
c. made with the consent of the parties affected by it; the court to
d. otherwise properly or innocently made; or be done in
writing.
e. such that it did not change the meaning or language of the
When repetition of objection unnecessary?
instrument.
When it becomes reasonably apparent in the course of the
examination that the questions asked are of the same class as
How can judicial record be impeached?
those to which objection has been made (whether sustained or
By evidence of: overruled), it shall not be necessary to repeat the objection, it being
a. Want of jurisdiction in the court or judicial officer; sufficient for the adverse party to record his continuing objection to
b. Collusion between the parties; or such class of questions.
c. Fraud in the party offering the record, in respect to the
proceedings What are the exceptions to the rule against repetition of objections?
where the question has not been answered, it is necessary to
Distinction between presumption of innocence and reasonable repeat the objection when the evidence is again offered or the
doubt question again asked
evidence of the same kind as that previously admitted over
Presumption of Reasonable Doubt objection ✓ incompetency is shown later
Innocence objection refers to preliminary question it must be repeated
Conclusion drawn by law in Condition of mind produced by when the same question is again asked during the introduction of
actual evidence
favor of citizens proof resulting from evidence in
the case objection to evidence was sustained but reoffered at a later
stage of the trial
Evidence introduced by law to Result of insufficient proof
be evidence is admitted on condition that its competency or
relevance be shown by further evidence and the condition is not
considered by the
fulfilled, the objection formerly interposed must be repeated or a
Court
motion to strike out the evidence must be made
OFFER AND OBJECTION
where the court reserves the ruling on objection, the objecting
party must request a ruling or repeat the objection
Offer of evidence – The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must
be specified. When and how can an answer in the examination be stricken out?

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
but not limited to photocopying, recording, storage in any informational retrieval system, or otherwise, without the prior written permission of the authors and the
publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
 CHAPS ONLINE/ONSITE TUTORIAL SERVICES
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Should a witness answer the question before the adverse party credit to witnesses whose testimonies on material points are in
had the opportunity to voice fully its objection to the same; or accord with facts already established
Where a question is not objectionable, but the answer is not
responsive; or When is circumstantial evidence sufficient?
Where a witness testifies without a question being posed or When:
testifies beyond the limits set by the court; or 1. There is more than one circumstance;
When the witness does a narration instead of answering the 2. The facts from which the inferences are derived are proven; and
question, and such objection is found to be meritorious, the court 3. The combination of all the circumstances' is such as to produce
shall sustain the objection and order such answer, testimony or a conviction beyond reasonable doubt.
narration to be stricken off the record.
On proper motion, the court may also order the striking out of Note: Circumstantial evidence is sufficient for conviction if the requisites
answers which are incompetent, irrelevant or otherwise improper. above are complete. Inferences cannot be based on other inferences.
Tender of excluded evidence How to determine the weight to be given to opinion of expert
witness?
If documents or things offered If the evidence excluded is oral
are excluded by the court Whether the opinion is based upon sufficient facts or data;
Whether it is the product of reliable principles and methods
the offeror may have the same the offeror may state for the
attached to or made part of the
record the name and other Whether the witness has applied the principles and methods reliably
record. personal circumstances of the to the facts of the case;
witness and the substance of Such other factors as the court may deem helpful to make such
the proposed testimony. determination.
WEIGHT AND SUFFICIENCY OF EVIDENCE
Power of the court to stop further evidence - The court may stop the
What is weight of evidence? introduction of further testimony upon any particular point when the
evidence upon it is already so full that more witnesses to the same point
The balance of evidence and in whose favor it tilts. This refers to the
cannot be reasonably expected to be additionally persuasive. But this
indication of the greater evidence between the parties . This depends
power should be exercised with caution.
on the judicial evaluation within the guidelines provided by the rules
and by jurisprudence.
Evidence on motion - When a motion is based on facts not appearing
of record the court may hear the matter on affidavits or depositions
What is sufficiency of evidence?
presented by the respective parties, but the court may direct that the
Refers to the adequacy of evidence. Such evidence in character, matter be heard wholly or partly on oral testimony or depositions.
weight, or amount, as will legally justify the judicial action
demanded or prayed by the parties.
What is the treatment of an extrajudicial confession made by an
Refers to the question as to whether the evidence amounts or meets accused?
the required quantum needed to arrive at a decision in a civil, General rule: shall not be sufficient ground for conviction ✓ Unless: it
criminal, or administrative case; or to prove matters of defense or
is corroborated by evidence of corpus delicti.
mitigation or to overcome a prima facie case or a presumption.
Sources:
Quantum of Proof
1. Evidence by Dean Willard Riano 2011
1. Preponderance of evidence (Civil Cases) - In determining
2. Notes from [Link]
where the preponderance or superior weight of evidence on the issues 3. Lecture notes of Court of Appeals
Associate Justice Maria Filomena
involved lies, the court may consider all the facts and circumstances of [Link] on the 2019 Amendment to the Rules on Evidence
the case, the witnesses' manner of testifying, their intelligence, their 4. Lecture notes of Judge Gener Gito on the 2019 Amendment to the
means and opportunity of knowing the facts to which they are testifying, Rules on Evidence
the nature of the facts to which they testify, the probability or
improbability of their testimony, their interest or want of interest, and
also their personal credibility so far as the same may legitimately appear “But seek first his kingdom and his righteousness, and all
upon the trial. The court may also consider the number of witnesses,
these things will be given to you as well.” - Matthew 6:33
though the preponderance is not necessarily with the greater number.
“Therefore all things whatsoever ye would that men should do
2. Proof beyond reasonable doubt (Criminal Cases) - does not to you, do ye even so to them; for this is the law and the
mean such a degree of proof as, excluding possibility of error, produces prophets” - Matthew 7:12
absolute certainty. Moral certainty only is required, or that degree of
proof which produces conviction in an unprejudiced mind.

3. Substantial evidence (Administrative Cases) - that amount

of relevant evidence which a reasonable mind might accept as adequate “SA CHAPS REVIEW CENTER
to justify a conclusion.
IKAW ANG BIDA
Note: The preference of evidence must be observed in case of conflict:
1. Physical or Object evidence is evidence of the highest
AT SUSUNOD NA REGISTERED
order and prevails over contrary testimonial evidence CRIMINOLOGIST!!!”
2. Documentary over testimonial evidence
3. Positive over negative evidence: examples: positive
identification over alibi; an assertion of the occurrence of a
thing over a plain denial. “Denials, if unsubstantiated by clear
and convincing evidence, are deemed negative and self-serving
evidence unworthy of credence.”
4. Direct over circumstantial
5. Testimony in open court over sworn statements or
affidavits
6. The “Admitted Facts Rule”- evidence of whatever
description must yield to the extent that it conflicts with
admitted or clearly established facts”. Thus courts give superior

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as
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publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.