EVIDENCE

Atty. Jay M. Ferraro

REVISED RULES ON EVIDENCE

A.M.No. 19-08-15-SC
May 1, 2020
EVIDENCE
The means sanctioned by
the law (Rules of Court) of
ascertaining in a judicial
proceedings the truth
respecting a matter of fact.
 Factum probandum v. Factum Probans

 FACTUM PROBANDUM- the ultimate fact

or the fact sought to be established. It is
the fact to be proved.
 FACTUMPROBANS- the evidentiary fact
or the fact by which the factum
probandum is to be established.
 Classification of evidence:

 1. Object or real or autoptic evidence or physical evidence or

tangible evidence- that which is directly addressed to the senses of
the court and consists of tangible things exhibited in court.
 Chain of Custody- the presenter of an object evidence may be
required to prove its chain of custody, that is the people who took
charge thereof from its recovery to presentation in court so that it
may pass the process of authentication. If the object evidence is
easy to identify, mere testimony of witness is sufficient.
 2. Testimonial evidence- that which is submitted to the court
through the testimony or deposition of a witness. It is that which
directly comes out of the witness’s mouth, oral or written, such as
depositions and affidavits.
 3. Relevant evidence- evidence having any value in reason as
tending to prove any matter provable in an action.
 4. Material evidence- evidence directed to
prove a fact in issue as determined by the rules
of substantive law and pleading.
 5. Competent evidence- evidence that is not
excluded by the rules, statute or the Constitution.
 6. Direct evidence- that which proves the fact in
dispute without the aid of any inference or
presumption.
 7. Circumstantial evidence- the proof of fact or
facts from which, taken either singly or
collectively, the existence of the particular fact
in dispute may be inferred as a necessary or
provable consequence.
8. Cumulative evidence- evidence of
the same kind and to the same state of
facts.
9. Corroborative evidence- additional
evidence of a different character to the
same point.
10. Expert evidence- the testimony of
one possessing in regard to a particular
subject or department of human activity,
knowledge not usually acquired by
other persons.
 11. Prima Facie Evidence- that which standing
alone, unexplained or uncontradicted, is sufficient to
maintain the proposition affirmed.
 12. Primary evidence- that which the law regards as
affording the greatest certainty of the fact in question
 13. Secondary evidence or Substitutionary
Evidence- that which is inferior to the primary
evidence and is permitted only when the best
evidence is not available.
 14. Positive evidence- when a witness affirms that a
fact did or did not occur.
 15. Negative evidence- when a witness states he
did not see or know of the occurrence of a fact.
 16. Documentary evidence- it consists of
writings or any material containing letters,
words, numbers, figures, symbols or other
modes of written expressions offered as proof of
their contents.
 17. Electronic evidence- document or
information received, recorded, transmitted,
stored, processed or produced electronically.
 18. Forgotten evidence- evidence which was
not presented in court because of oversight or
forgetfulness of a party or counsel.
19. Exculpatory evidence- that
evidence which will excuse a person
from an alleged fault or crime.
20. Evidence Aliunde or Extraneous
evidence- evidence from outside or
another source.
21. Inculpatory evidence- are
evidence which has the tendency to
implicate or incriminate a person.
 SCOPE OF THE RULES ON
EVIDENCE

The rules of evidence shall

be the same in all courts
and in all trials and
hearings, except as
otherwise provided by law
or these rules.
WHEN IS EVIDENCE
ADMISSIBLE?

Evidence is admissible when:

it is RELEVANT to the issue and
is NOT EXCLUDED BY THE LAW
OR THE RULES OF COURT
 BOARD: Evidence is admissible
when it is relevant to the issue
and not excluded by the law or
the rules of court. This statement
refers to:
a. Admissibility of evidence
b. Relevancy of evidence
c. Competency of evidence
BOARD: Which says that evidence
obtained thru force, torture or
threat during investigations are
not admissible?

a. RPC
b. Constitution (Article III Section
12, Bill of Rights).
WHAT IS JUDICIAL NOTICE

the cognizance of certain

facts which judges may
properly take act on without
proof because they already
know them.
BOARD: The acceptance by the
court of something as a fact
without need of evidence.

a. Judicial admission
b. Judicial notice
 MANDATORY JUDICIAL NOTICE
 A court shall take judicial notice, without the introduction
of evidence, of:
 the existence and territorial extent of states,
 their political history,
 forms of government and symbols of nationality,
 the law of nations,
 the admiralty and maritime courts of the world and their
seals,
 the political constitution and history of the Philippines,
 the official acts of legislative, executive and judicial
departments of the National Government of the Philippines,
the laws of nature,
 the measure of time, and
 the geographical divisions.
DISCRETIONARY JUDICIAL
NOTICE
A court may take judicial notice of
matters which are:
 of public knowledge, or
 are
capable to unquestionable
demonstration, or
 ought
to be known to judges
because of their judicial functions
JUDICIAL ADMISSIONS
DEFINED
Admissions made in court
BOARD: The admission of a party
in the course of trial

a. Judicial admission
b. Judicial notice
 OBJECT EVIDENCE DEFINED
• Object evidence (real
evidence/autoptic evidence) is
tangible thing submitted to the
court for inspection, exhibition or
demonstration.
 DOCUMENTARY EVIDENCE
DEFINED
 Documents as evidence consist of
writings, recordings, photographs, or any
material containing letters, words, sounds,
numbers, figures, symbols or other modes
of written expression offered as proof of
their contents. Photographs include still
pictures, drawings, stored images, x-ray
films, motion pictures or videos.
BOARD: A form of evidence
represented by symbols such as
letters, numbers, and by which
ideas are represented on
material substances.

a. Documentary evidence
b. Real evidence
 BEST EVIDENCE RULE DEFINED
(Original Document Rule)
 When the subject of inquiry is the contents of a document, writing,
recording, photograph or other record, no evidence is admissible other
than the original document itself, except in the following cases:
 (a)When the original has been lost or destroyed, or cannot be produced in
court, without bad faith on the part of the offeror;
 (b)When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter fails to produce it after
reasonable notice, or the original cannot be obtained by local judicial
processes or procedures;
 (c)When the original consists of numerous accounts or other documents
which cannot be examined in court without great loss of time and the fact
sought to be established from them is only the general result of the whole;
and
 (d)When the original is a public record in the custody of a public officer or
is recorded in a public office; and
 (e) When the original is not closely-related to a controlling issue.
 BOARD: What rule is observed when, as a
general rule, there can be no
evidence of a writing, the contents of
which is the subject of inquiry, other
than the original?

a. Original Document rule

b. Parole evidence rule
NOTE

In a prosecution for libel

published in a newspaper, a
copy of said newspaper is the
best evidence to establish the
crime, not what the reader
says.
NOTE

In a case of falsification of
document, the document
alleged to have falsified is
the best evidence.
 To prove the fact of death, the best
evidence is the death certificate.
 To prove marriage, the marriage
contract.
 To prove ones age, birth certificate.
 To prove ownership of a piece of land,
land title
 To prove ownership of a motor vehicle,
certificate of registration in ones name.
DOCUMENT DEFINED
Document is a deed, instrument
or other duly authorized paper
by which something is proved,
evidenced or set forth.

Secondary evidence or inferior

evidence
DEFINE PAROL EVIDENCE
RULE
When the terms of an agreement
have been reduced to writing, it is
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.
BOARD: This rule forbids the addition,
or contradiction of a written
instrument by testimony showing
that other or different terms were
orally agreed upon by the parties
other than what is written in a
written instrument.

a. Original Document Rule

b. Parol Evidence Rule.
Testimony confined to
personal knowledge - A
witness can testify only to
those facts which he or she
knows of his or her personal
knowledge; that is, which are
derived from his or her own
perception.
WHAT ARE THE EXCEPTIONS TO THE PAROL
EVIDENCE RULE?
a party may present evidence to modify, explain or
add to the terms of written agreement if he puts in
issue in a verified pleading:

 (1)An intrinsic ambiguity, mistake or imperfection in

the written agreement;
 (2)The failure of the written agreement to express the
true intent and agreement of the parties thereto;
 (3)The validity of the written agreement; or
 (4)The existence of other terms agreed to by the
parties or their successors in interest after the
execution of the written agreement.
The term "agreement" includes wills.
WITNESS DEFINED

a person who makes a

statement to a judicial
tribunal on a question of
fact.
WHAT ARE THE QUALIFICATIONS OF
A WITNESS?

all persons who can

perceive, and perceiving,
can make their known
perception to others, may
be witnesses.
COMPETENCY OF A
WITNESS

Is the legal fitness or

ability of a witness to
be heard in the trial of
a cause/case.
 BOARD: It is the legal fitness of
a certain witness to testify on
a trial.

a. Relevancy of a witness.
b. Competency of a witness.
BOARD: What is the minimum
number of witness against
the accused in a criminal
case so that the accused
may be convicted?

a. 1
b. 2
c. At least 3
d. None of the above
 THINGS THAT DO NOT
DISQUALIFY A WITNESS
Religious or political belief, interest in the
outcome of the case, or conviction of a
crime unless otherwise provided by law,
shall not be ground for disqualification.
BOARD: A child may be
considered competent witness
if he has:

a. Capacity of observation
b. Capacity of communication
c. Capacity of recollection
d. All of the above
BOARD: Children are qualified as
witness when:

a. They know or understand the nature

of an oath.
b. They have sufficient knowledge to
receive just impression of facts
which they are testifying
c. They are able to relate these facts
truthfully to the court
d. All of the above
 DISQUALIFICATION BY
REASON OF MARRIAGE
 During their marriage, neither the husband
nor the wife may testify for or against the
other without the consent of the affected
spouse, except:
 in a civil case by one against the other, or
 ina criminal case for a crime committed by
one against the other or the latter's direct
descendants or ascendants.
DISQUALIFICATION BY
REASON OF MARRIGE

Also known as the “Marital

Disqualification Rule”
“Spousal Disqualification
Rule”
REQUISITES OF DQ BY
REASON OF MARRIAGE

1. The spouses involved

must be legally married;
and
2. Either of the spouse is a
party to the case.
DISQUALIFICATION
BY REASON OF
PRIVILEGED
COMMUNICATION
 The following persons cannot testify as
to matters learned in confidence:
1.
The husband or the wife, during or after the
marriage, cannot be examined without the
consent of the other as to any communication
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 for
a crime committed by one against the other or
the latter's direct descendants or ascendants;
(Marital Communication Rule/Spousal
Immunity Rule/Husband and Wife Privilege)
 2
(b)An attorney or person reasonably believed
by the client to be licensed to engage in the
practice of law cannot, without the consent of
his client, be examined as to any
communication made by the client to him, or
his advice given thereon in the course of, or
with a view to, professional employment, nor
can an attorney's secretary, stenographer, or
clerk, or other persons assisting the attorney
be examined, without the consent of the client
and his or her employer, concerning any fact
the knowledge of which has been acquired in
such capacity, except in the following cases:
 (i)Furtherance of crime or fraud. If
the services or advice of the
lawyer were sought or obtained to
enable or aid anyone to commit
or plan to commit what the client
knew or reasonably should have
known to be a crime or fraud;
(ii) Claimants through same deceased client. As to a
communication relevant to an issue between parties who
claim through the same deceased client, regardless of
whether the claims are by testate or intestate or by inter
vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication
relevant to an issue of breach of duty by the lawyer to his or
her client, or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a commuication
relevant to an issue concerning an attested document to
which the lawyer is an attesting witness; or
(v) Joint clients. As to a communication relevant to a matter of
common interest between two or more clients if the
communication was made by any of them to a lawyer
retained or consulted in common, when offered in an action
between any of the clients, unless they have expressly
agreed otherwise.
A physician, psychotherapist or person
reasonably believed by the patient to be
authorized to practice medicine or
psychotherapy cannot in a civil case,
without the consent of the patient, be
examined as to any confidential
communication made for the purposeof
diagnosis or treatment of the patient’s
physical, mental or emotional condition,
including alcohol or drug addiction,
between the patient and his or her
physician or psychotherapist. This privilege
also applies to persons, including members
of the patient’s family, who have
participated in the diagnosis or treatment of
the patient under the direction of the
physician or psychotherapist.
A psychotherapist is:
(a)A person licensed to practice
medicine engaged in the
diagnosis or treatment of a
mental oe emotional condition,
or
(b)A person licensed as a
psychologist by the government
while similarly engaged.
 (d) A minister, priest reasonably
believed to be so cannot, without
the consent of the affected person,
be examined as to any
communication or confession
made to or any advice given by
him or her, in his or her professional
(e)A public officer cannot be
examined during his term of
office or afterwards, as to
communications made to him
in official confidence, when the
court finds that the public
interest would suffer by the
disclosure.
WHAT IS PRIVILEGED
COMMUNICATION?
communications received
in confidence by a person
from another by reason of
trust or intimate
relationship may not be
revealed to the court.
BOARD: These are matters learned in
confidence and as a result of
which they cannot be revealed to
another especially to the courts.

a. Open secret
b. Privileged Communications
WHAT IS PARENTAL AND
FILIAL PRIVILEGE?
No person may be compelled to testify
against his parents, other direct
ascendants, children or other direct
descendants except when such
testimony is indispensable in a crime
against that person or by one parent
against the other.
 PARENTAL PRIVILEGE- parents
cannot be compelled to testify
against his descendants;
 FILIAL PRIVILEGE means, witness
cannot be compelled to testify
against his parents or other direct
ascendants
Privilege relating to trade
secrets
A person cannot be compelled to testify
about trade secret, unless the non-
disclosure will conceal fraud or
otherwise work injustice. When
disclosure is directed, the court shall
take such protective measure as the
interest of the owner of the trade secret
and of the parties and the furtherance of
justice may require.
ADMISSIONS, DEFINED
any statement of a fact by a party
against his interest or unfavorable
to the conclusion for which he
contends or is inconsistent with the
facts alleged by him. It is a
statement of fact which does not
involve an acknowledgment of
guilt or liability (this is the more
popular definition)
CONFESSIONS, DEFINED
The declaration of an accused
expressly acknowledging his guilt of
the offense charged.

A categorical acknowledgment of
guilt made by the accused in a
criminal case without any
exculpatory statement or
explanation.
NOTES
 Admissions are the
acknowledgement by a party as to
the existence of a particular fact,
made judicially or extrajudicially,
against his interest or in his favor.
 Confession is the direct
acknowledgment by a person as to
the fact of his guilt in the commission
of a crime.
 2 KINDS OF
CONFESSIONS

1. Judicial Confession – made in the court

where the case is pending.
2. Extrajudicial Confession – made in any
other place except in the court and
cannot sustain or result into a conviction
unless corroborated by evidence of
corpus delicti.
 WHAT IS THE RULE ON
ADMISSIONS OF A PARTY?

The act, declaration or omission

of a party as to a relevant fact
may be given in evidence
against him.
WHAT ARE THE TYPES OF
ADMISSSIONS?
 Admission by a party
 Admission by co partner or
agent
 Admission by co conspirator
 Admission by privies
 Admission by silence
COMPROMISE, DEFINED
A contract whereby parties by making
reciprocal concessions, avoid a
litigation or put an end to one already
commenced.

An agreement made between two or

more parties as a settlement of matters
in dispute.
BOARD: What do you that
agreement between two or more
contending parties which settles a
matter in a judicial dispute?

a. Compromise
b. Admission
 WHAT IS THE EFFECT OF
COMPROMISE IN CIVIL CASES?
Offer of compromise not admissible. — In civil cases,
an offer of compromise is not an admission of any
liability, and is not admissible in evidence against
the offeror. Neither is evidence of conduct nor
statements made in compromise negotiations
admissible, except evidence otherwise
discoverable or offered for another purpose, such
as proving bias or prejudice of a witness,
negativiting a contention of undue delay, or
proving an effort to obstruct a criminal
investigation or prosecution.
WHAT IS THE EFFECT OF
COMPROMISE IN CRIMINAL
CASES?
In criminal cases, except those
involving quasi-offenses (criminal
negligence) or those allowed by
law to be compromised, an offer
of compromised by the accused
may be received in evidence as
an implied admission of guilt.
OFFER TO MARRY IN RAPE
CASES

An offer to marry the rape

victim made by the
accused is an admission of
guilt.
A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to
lesser offense, is not admissible in
evidence against the accused who made
the plea or offer. Neither is any statement
made in the course of plea bargaining with
the prosecution, which does not result in a
plea of guilty or which results in a plea of
guilty later withdrawn, admissible.
An offer to pay or the payment of
medical, hospital or other
expenses occasioned by an
injury is not admissible in
evidence as proof of civil or
criminal liability for the injury.
WHAT IS THE EFFECT OF ADMISSIONS BY
A 3RD PARTY UPON THE RIGHTS OF
ANOTHER?

The rights of a party cannot

be prejudiced by an act,
declaration, or omission of
another, except as
hereinafter provided.
RES INTER ALIOS ACTA ALTERI
NOCERE NON DEBET rule

means “things done

between strangers
should not injure those
who are not parties to
them.”
 WHAT ARE THE EXCEPTIONS TO THE
RES INTER ALIOS ACTA RULE?

1. ADMISSION BY CO-
PARTNER/AGENT
2. ADMISSION BY CO-
CONSPIRATORS
3. ADMISSIONS BY PRIVIES
4. ADMISSIONS BY SILENCE
 State the rule on ADMISSIONS
BY PARTNER OR AGENT.

The act or declaration of a partner or agent of

the party within the scope of his authority and
during the existence of the partnership or
agency, may be given in evidence against
such party after the partnership or agency is
shown by evidence other than such act or
declaration. The same rule applies to the act
or declaration of a joint owner, joint debtor, or
other person jointly interested with the party.
State the rule on ADMISSION
BY CO CONSPIRATOR.
The act or declaration of a
conspirator relating to the
conspiracy and during its
existence, may be given in
evidence against the co-
conspirator after the conspiracy is
shown by evidence other than
such act of declaration.
State the rule on
ADMISSIONS BY PRIVIES.
Where one derives title to
property from another, the act,
declaration, or omission of the
latter, while holding the title, in
relation to the property, is
evidence against the former.
State the rule on ADMISSION BY
SILENCE.

An act or declaration made in the

presence and within the hearing or
observation of a party who does or
says nothing when the act or
declaration is such as naturally to call
for action or comment if not true, and
when proper and possible for him to do
so, may be given in evidence against
him

ADOPTIVE ADMISION
What is CONFESSION?

The declaration of an accused

acknowledging his guilt of the
offense charged, or of any
offense necessarily included
therein, may be given in
evidence against him
What is EXTRAJUDICIAL
CONFESSION?
one made outside the court and
cannot sustain a conviction
unless corroborated by
evidence of corpus delicti.
What is CORPUS DELICTI?

 it may refer to:

The body of the crime or;
The actual commission of the crime
charged; or
The fact that a crime has been
actually committed.
REQUISITES OF VALID
CONFESSIONS
 Confession must be express and
categorical;
 Confession must be intelligent;
 Confession must be voluntarily given;
 There must be no violation of article
III Sec. 12 of the Constitution.
What are INTERLOCKING
CONFESSIONS?
is a confession in a criminal case so
corroborative of each other as to impose faith
that they must have a basis in fact. Where
extrajudicial confession have been made by
several persons charged with conspiracy and
there could have been no collusion with
reference to several confessions, the fact that
the statements are in all material respects
identical is confirmatory of the testimony of
the accomplice.
 State the rule on
PREVIOUS/SIMILAR CONDUCT
AS EVIDENCE.
Evidence that one did or did not do a certain
thing at one time is not admissible to prove that
he did or did not do the same or similar thing at
another time; but it may be received to prove
a specific intent or knowledge; identity, plan,
system, scheme, habit, custom or usage, and
the like. (Res inter alios act alteri noceri non
debet-Part II)
HEARSAY
 Hearsay is a statement other than one made
by the declarant while testifying at a trial or
hearing, offered to prove the truth of the facs
asserted therein. A statement is (1) an oral or
written assertion or (2) a non-verbal conduct
of a person, if it is intended by him or her as
an assertion. Hearsay evidence is
inadmissible except provided in these Rules.
REASON WHY HEARSAY
EXCLUDED AS EVIDENCE
It is excluded because the party
against whom it is presented is
deprived of the right and
opportunity to cross examine
the persons to whom the
statement is attributed.
 OTHER SAMPLES OF
HEARSAY EVIDENCE
 Affidavits
where the affiants were not
presented in court for cross
examinations.
 Medical certificates where the
doctor who executed the same
were not presented in the court for
cross examinations.
ENUMERATE THE EXCEPTIONS
TO THE HEARSAY RULE

 Dying Declaration;
 Declaration Against Interest;
 Act or declaration About Pedigree;
 Family reputation or Tradition Regarding Pedigree[1];
 Common Reputation;
 Parts of the Res Gestae;
 Entries in the Course of Business;
 Entries in Official Record;
 Commercial Lists and the Like;
 Learned treatises.
State the rule on DYING
DECLARATIONS
The declaration of a dying person, made
under the consciousness of an
impending death, may be received in
any case wherein his death is the
subject of inquiry, as evidence of the
cause and surrounding circumstances
of such death.
BOARD: A stabbed B. B was left lying
on the floor. PO1 X arrived and
interviewed B. B told PO1 X that A
stabbed him. Assuming that B did
not die, what has become of B’s
statement?

a. Dying declaration
b. Parts of the res gestae
(Follow Up) BOARD: B’s statement is
not qualified to be considered as
dying declaration because:

a. B’s death is indispensable so that

there is dying declaration
b. B’s statement was not made in the
presence of counsel
 WHAT IS THE NATURE OF A
DYING DECLARATION?
 It is essentially hearsay, because one
person is testifying on what another
person stated. This is because the
declarant can no longer be presented in
court to identify or confirm his statement
and to be confronted with said
statement by the accused and be
crossed examined thereon.
2 REASONS WHY DYING
DECLARATIONS ARE ADMISSIBLE

 NECESSITY- because the declarant

death makes it impossible for him to
take the witness stand and
 TRUSTWORTHINESS- for when a person is
at the point of death, every motive for
falsehood is silenced and the mind is
induced by the most powerful
consideration to speak the truth.
MISCONCEPTION IN DYING
DECLARATION
Q: Will the court automatically convict a
person who is named by the victim in his
dying declaration?
A: No. If the place where the crime occurred
was dark or completely dark or his back was
turned when he was hit by an unknown
assailant, it may not be possible for the
victim to identify his assailant and hence his
dying declaration naming a particular
person to be his killer may not be believed
(because it may cause injustice).
 DECLARATION AGAINST
INTEREST
Declaration against interest. — The declaration made by
a person deceased, or unable to testify, against the
interest of the declarant, if the fact is asserted in the
declaration was at the time it was made so far contrary
to the declarant's own interest, that a reasonable
person in his or her position would not have made the
declaration unless he or she believed it to be true, may
be received in evidence against himself or herself or
him or her successors in interest and against third
persons. A statement tending to expose the declarant
to criminal liability and offered to exculpate the
accused is not admissible unless corroborating
circumstances clearly indicate the trustworthiness of
the statement.
DECLARATION ABOUT
PEDIGREE
The act or declaration of a person deceased, or
unable to testify, in respect to the pedigree of
another person related to him or her by birth,
adoption or marriage, or, in the absence thereof,
with whose family, he or she was so intimately
associated as to be likely to have accurate
information concerning his or her pedigree, may be
received in evidence where it occurred before the
controversy, and the relationship between the two
persons is shown by evidence other than such act or
declaration. The word "pedigree" includes
relationship, family genealogy, birth, marriage,
death, the dates when and the places where these
fast occurred, and the names of the relatives. It
embraces also facts of family history intimately
connected with pedigree.
FAMILY REPUTATION OR
TRADITION ABOUT PEDIGREE
The reputation or tradition existing in a family
previous to the controversy (ante litem
motam), in respect to the pedigree of any
one of its members, may be received in
evidence if the witness testifying thereon
be also a member of the family, either by
consanguinity or affinity or adoption..
Entries in family bibles or other family
books or charts, engravings on rings,
family portraits and the like, may be
received as evidence of pedigree.
COMMON REPUTATION
Common reputation existing previous to the
controversy, as to boundaries or customs
affecting lands in the community and
reputation as to events of general history
imporatant to the community, or
respecting facts of public or general
interest more than thirty years old, or
respecting marriage or moral character,
may be given in evidence. Monuments
and inscriptions in public places may be
received as evidence of common
reputation.
Part of RES GESTAE
Statements made by a person while a starting
occurrence is taking place or immediately
prior or subsequent thereto, under the stress
of excitement caused by the occurrence
with respect to the circumstances thereof,
may be given in evidence as part of res
gestae. So, also, statements accompanying
an equivocal act material to the issue, and
giving it a legal significance, may be
received as part of the res gestae.
 Records of regularly
conducted business acitivity
 A memorandum, report, record or data compilation
of acts, events, conditions, opinions, or diagnoses,
made by writing, typing, electronic, optical or other
similar means or near the time of or from transmission
or supply of information by a person with knowledge
thereof, and kept in the regular course or conduct of
business activity, and such was the regular practice
to make the memorandum, report, record, or data
compilation by electronic, optical or similar means,
all of which are shown by the testimony of the
custodian or other qualified witnesses, is excepted
from the rule on hearsay evidence.
ENTRIES IN THE COURSE OF
BUSINESS
Entries made at, or near the time of
transactions to which they refer, by a
person deceased, or unable to testify,
who was in a position to know the facts
therein stated, may be received as
prima facie evidence, if such person
made the entries in his professional
capacity or in the performance of duty
and in the ordinary or regular course of
business or duty.
ENTRIES IN OFFICIAL
RECORDS
Entries in official records made in the
performance of his duty by a public
officer of the Philippines, or by a person
in the performance of a duty specially
enjoined by law, are prima facie
evidence of the facts therein stated
COMMERCIAL LISTS
 Evidence of statements of matters of
interest to persons engaged in an
occupation contained in a list,
register, periodical, or other published
compilation is admissible as tending
to prove the truth of any relevant
matter so stated if that compilation is
published for use by persons engaged
in that occupation and is generally
used and relied upon by them therein.
LEARNED TREATISES
A published treatise, periodical or
pamphlet on a subject of history, law,
science, or art is admissible as tending to
prove the truth of a matter stated therein if
the court takes judicial notice, or a
witness expert in the subject testifies, that
the writer of the statement in the treatise,
periodical or pamphlet is recognized in
his profession or calling as expert in the
subject
BOARD: It refers to the
conclusion of expert
witnesses.

a. Opinion
b. testimony
FACTORS TO BECOME
EXPERT WITNESS
A. Training and education;
B. First hand familiarity with the
facts of the case;
C. Presentation of authorities or
standards from which his opinions
are based.
STATE THE RULE ON
ORDINARY OPINION
General rule. — The
opinion of witness is
not admissible,
except as indicated
in the following
sections.
State the rule on opinion of
expert witness.
The opinion of a witness on a
matter requiring special
knowledge, skill, experience or
training which he shown to
posses, may be received in
evidence.
WHEN IS OPINION OF ORDINARY
WITNESS ADMISSIBLE?
The opinion of a witness for which proper basis is
given, may be received in evidence regarding
—

(a)the identity of a person about whom he has

adequate knowledge;
(b)A handwriting with which he has sufficient
familiarity; and
(c)The mental sanity of a person with whom he is
sufficiently acquainted.
The witness may also testify on his impressions of
the emotion, behavior, condition or appearance
of a person.
BOARD: When can an “ordinary” witness, not a
questioned document examiner give his
opinion regarding a handwriting of a
person?

a. When he had at least 72 units in BS

Criminology
b. When he is a former QD expert
c. When he is testifying about the handwriting
of a person whom he has sufficient familiarity
BOARD: Burden of proof:

a. Onus probandi
b. Owes probandi
c. Both A and C
Define PREPONDERANCE OF
EVIDENCE

 it means that the testimony adduced by one

side is more credible and conclusive than
that of the other, or the evidence as a whole,
adduced by one side is superior to the other.
It is not meant the mere numerical array of
witnesses, but it means the weight, credit and
value of the aggregate evidence on either
side. Preponderance of evidence means
evidence which is of greater weight or more
convincing than the other
DEFINE SUBSTANTIAL
EVIDENCE

suchrelevant evidence as
a reasonable mind might
accept as adequate to
support a conclusion.
 That after an absence of seven years,
(7) it being unknown whether or not the
absentee still lives, he is considered
dead for all purposes, except for those of
succession.
 The absentee shall not be considered
dead for the purpose of opening his
succession till after an absence of ten
years (10). If he disappeared after the
age of seventy-five years, an absence of
five years (5) shall be sufficient in order
that his succession may be opened.
The following shall be considered dead for all
purposes including the division of the estate
among the heirs:
(1)A person on board a vessel lost during a sea
voyage, or an aircraft with is missing, who has not
been heard of for four years since the loss of the
vessel or aircraft;
(2)A member of the armed forces who has taken
part in armed hostilities, and has been missing for
four years;
(3)A person who has been in danger of death
under other circumstances and whose existence
has not been known for four years;
 If a married person has been absent for four
consecutive years, the spouse present may
contract a subsequent marriage if he or she
has well-founded belief that the absent spouse
is already death. In case of disappearance,
where there is a danger of death the
circumstances hereinabove provided, an
absence of only two years shall be sufficient for
the purpose of contracting a subsequent
marriage. However, in any case, before
marrying again, the spouse present must
institute summary proceedings as provided in
the Family Code and in the rules for
declaration of presumptive death of the
absentee, without prejudice to the effect of
reappearance of the absent spouse. aw library
 (dd)That if the marriage is terminated and the
mother contracted another marriage within
three hundred days after such termination of
the former marriage, these rules shall govern
in the absence of proof to the contrary:
 (1)A child born before one hundred eighty
days after the solemnization of the
subsequent marriage is considered to have
been conceived during the former marriage,
provided it be be born within three hundred
days after the termination of the former
marriage.
 (2)A child born after one hundred eighty days
following the celebration of the subsequent
marriage is considered to have been
conceived during such marriage, even
though it be born within the three hundred
days after the termination of the former
That except for purposes of succession, when two persons perish in
the same calamity, such as wreck, battle, or conflagration, and it is
not shown who died first, and there are no particular circumstances
from which it can be inferred, the survivorship is determined from
the probabilities resulting from the strength and the age of the
sexes, according to the following rules:
1.If both were under the age of fifteen years, the older is deemed to
have survived;
2. If both were above the age sixty, the younger is deemed to have
survived;
3. If one is under fifteen and the other above sixty, the former is
deemed to have survived;
4. If both be over fifteen and under sixty and the sex be different,
the male is deemed to have survived, if the sex be the same, the
older;
5.If one be under fifteen or over sixty, and the other between those
ages, the latter is deemed to have survived.
DOCTRINE OF STALE
DEMANDS
 It is the failure or neglect for an
unreasonable and unexplained length of
time to do that which, by exercising due
diligence, could or should have been done
earlier, thus giving rise to a presumption that
the party entitled to assert it has
abandoned or declined to assert it. The
doctrine of stale demands is also known as
LACHES.
CLEAR AND CONVINCING
EVIDENCE
 is evidence more than
preponderance of evidence but
less than proof beyond reasonable
doubt. It is the quantum of proof
required to prove insanity,
paternity or filiation, self defense
among others.
EXAMINATION OF WITNESS

 The examination of witnesses

presented in a trial or hearing shall be
done in open court, and under oath or
affirmation. Unless the witness is
incapacitated to speak, or the
questions call for a different mode of
answer, the answers of the witness
shall be given orally.
PROCEEDINGS TO BE
RECORDED
— The entire proceedings of a trial or hearing,
including the questions propounded to a witness
and his answers thereto, the statements made by
the judge or any of the parties, counsel, or
witnesses with reference to the case, shall be
recorded by means of shorthand or stenotype or
by other means of recording found suitable by
the court.
A transcript of the record of the proceedings
made by the official stenographer, stenotypist or
recorder and certified as correct by him shall be
deemed prima facie a correct statement of such
proceedings
 Rights and obligations of a witness
A witness must answer questions, although his answer
may tend to establish a claim against him. However, it
is the right of a witness:
(1)To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
(2)Not to be detained longer than the interests of
justice require;
(3)Not to be examined except only as to matters
pertinent to the issue;
(4)Not to give an answer which will tend to subject him
to a penalty for an offense unless otherwise provided
by law;
DISCUSS THE RIGHT OF ACCUSED
AGAINST SELF INCRIMINATION

 The right of the person against self

incrimination. But it is not self executing or
automatically operational. It must be
claimed. Otherwise it is considered waived,
as by failure to claim it at the appropriate
time. Hence, the accused must actively
invoke it. The proper time to invoke it is
when a question calling for incriminating
answer is asked. Note also that it applies to
testimonial compulsion only.
ORDER IN THE
EXAMINATION OF WITNESS
 (a)Direct examination by the
proponent; (Also known as
EXAMINATION IN CHIEF)
 (b)Cross-examination by the
opponent;
 (c)Re-direct examination by the
proponent;
 (d)Re-cross-examination by the
opponent.
DIRECT EXAMINATION

— Direct examination
is the examination-in-
chief of a witness by
the party presenting
him on the facts
relevant to the issue.
CROSS EXAMINATION
 Upon the termination of the direct
examination, the witness may be cross-
examined by the adverse party as to
many matters stated in the direct
examination, or connected therewith,
with sufficient fullness and freedom to
test his accuracy and truthfulness and
freedom from interest or bias, or the
reverse, and to elicit all important facts
bearing upon the issue.
RE DIRECT EXAMINATION
 After the cross-examination of the
witness has been concluded, he may
be re-examined by the party calling
him, to explain or supplement his
answers given during the cross-
examination. On re-direct-
examination, questions on matters not
dealt with during the cross-
examination, may be allowed by the
court in its discretion.
RE CROSS EXAMINATION
 Upon the conclusion of the re-
direct examination, the adverse
party may re-cross-examine the
witness on matters stated in his re-
direct examination, and also on
such other matters as may be
allowed by the court in its
discretion
RECALLING WITNESS
 After the examination of a
witness by both sides has been
concluded, the witness cannot
be recalled without leave of the
court. The court will grant or
withhold leave in its discretion, as
the interests of justice may
require.
LEADING QUESTION

A question which
suggests to the witness
the answer which the
examining party
desires is a LEADING
QUESTION
BOARD: A questions which directs a
witness to say something that the
examining party desires to hear is not
allowed in direct examination because
this is a:

a. Leading question
b. Misleading question
ARE LEADING QUESTIONS
ALLOWED?
 It is not allowed, except:
 (a)On cross examination;
 (b)On preliminary matters;
 (c)When there is a difficulty is getting direct
and intelligible answers from a witness who is
ignorant, or a child of tender years, or is of
feeble mind, or a deaf-mute;
 (d)Of an unwilling or hostile witness; or
 (e)Of a witness who is an adverse party or an
officer, director, or managing agent of a
public or private corporation or of a
partnership or association which is an
adverse party.
MISLEADING QUESTION
 A MISLEADING QUESTION is one which assumes as
true a fact not yet testified to by the witness, or
contrary to that which he has previously stated. It
is not allowed.
IMPEACHMENT OF
WITNESS
 PROCESS OF DISCREDITING A WITNESS
HOW TO IMPEACH A
WITNESS
 A witness may be impeached by the
party against whom he was called,
by:
 contradictory evidence,
 by evidence that his general
reputation for truth, honestly, or
integrity is bad, or
 by evidence that he has made at
other times statements inconsistent
with his present, testimony, but not by
evidence of particular wrongful acts,
except that it may be shown by the
examination of the witness, or the
record of the judgment, that he has
been convicted of an offense.
CAN YOU IMPEACH YOUR
OWN WITNESS?
NO. The party producing a witness is not allowed to
impeach his credibility. Except with respect to
witnesses referred to in paragraphs d (unwilling or
hostile witness) and e (witness who is adverse
party) of Section 10,
EXCLUSION AND
SEPARATION OF WITNESSES
On any trial or hearing, the judge may exclude
from the court any witness not at the time under
examination, so that he may not hear the
testimony of other witnesses. The judge may also
cause witnesses to be kept separate and to be
prevented from conversing with one another until
all shall have been examined.
OFFER OF EVIDENCE
 means the presentation or introduction of
evidence in court. The court shall consider no
evidence which has not been formally offered.
PUBLIC AND PRIVATE
DOCUMENTS
 For the purpose of their presentation evidence,
documents are either public or private.
 Public documents are:
 (a)The written official acts, or records of the official
acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the
Philippines, or of a foreign country;
 (b)Documents acknowledge before a notary
public except last wills and testaments; and
 (c)Public records, kept in the Philippines, of
private documents required by law to the entered
therein.
 All other writings are private.
FOUR KINDS OF
DOCUMENTS
 PRIVATE DOCUMENTS- are every deed or
instrument executed by a private person
without the intervention of a public notary
or other persons legally authorized; by
which some disposition or agreement is
proved, evidenced or set forth.
 COMMERCIAL DOCUMENT-any document
defined and regulated by the Code of
Commerce
 OFFICIAL DOCUMENT- a document which is
issued by a public official in the exercise of
the functions of his office.
 PUBLIC DOCUMENT
PROOF OF PRIVATE
DOCUMENT
 Before any private document offered as authentic
is received in evidence, its due execution and
authenticity must be proved either:
 (a) By anyone who saw the document executed
or written; library
 (b) By evidence of the genuineness of the
signature or handwriting of the maker.
ANCIENT DOCUMENT RULE
 Where a private document is more than thirty
years old, is produced from the custody in which it
would naturally be found if genuine, and is
unblemished by any alterations or circumstances
of suspicion, no other evidence of its authenticity
need be given
HOW TO PROVE GENUINESS
OF HANDWRITING?
 The handwriting of a person may be proved:
 1. by any witness who believes it to be the handwriting of
such person because he has seen the person write, or
 2. by a witness who has seen writing purporting to be his
upon which the witness has acted or been charged, and
has thus acquired knowledge of the handwriting of such
person.
Evidence respecting the handwriting may also be given
 3. by a comparison, made by the witness or the court,
with writings admitted or treated as genuine by the party
against whom the evidence is offered, or proved to be
genuine to the satisfaction of the judge.
AUTHENTICATION,
MEANING
To authenticate a private
document means to prove its
genuineness and due execution.
Due execution and genuineness
means the instrument is not
spurious, counterfeit etc.
VALUE OF ENTRIES IN PUBLIC
RECORDS
Documents consisting of entries in
public records made in the
performance of a duty by a
public officer are prima facie
evidence of the facts therein
stated
EFFECT OF NOTARIZATION
OF DOCUMENTS
Every instrument duly acknowledged or
proved and certified as provided by law,
may be presented in evidence without
further proof, the certificate of
acknowledgment being prima facie
evidence of the execution of the
instrument or document involved.
Q: What is the effect of
notarization?
A: It converts private documents
into public documents. Hence it
becomes admissible in evidence
without further proof of its
authenticity
FILIPINO AND ENGLISH
Documents written in an unofficial
language shall not be admitted as
evidence, unless accompanied with a
translation into English or Filipino. To avoid
interruption of proceedings, parties or their
attorneys are directed to have such
translation prepared before trial.
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 TO MAKE OFFER OF
EVIDENCE
 As regards the testimony of a witness, the offer
must be made at the time the witness is called
to testify.
 Documentary and object evidence shall be
offered after the presentation of a party's
testimonial evidence. Such offer shall be done
orally unless allowed by the court to be done
in writing.
WHEN TO MAKE AN
OBJECTION
 Objection to evidence offered orally must be
made immediately after the offer is made.
 Objection to a question propounded in the
course of the oral examination of a witness shall
be made as soon as the grounds therefore shall
become reasonably apparent.
 An offer of evidence in writing shall be objected
to within three (3) days after notice unless a
different period is allowed by the court.
 In any case, the grounds for the objections must
be specified.
STRIKING OUT ANSWERS
Should a witness answer the question before the
adverse party had the opportunity to voice fully
its objection to the same, and such objection is
found to be meritorious, the court shall sustain
the objection and order the answer given to be
stricken off the record.
On proper motion, the court may also order the
striking out of answers which are incompetent,
irrelevant, or otherwise improper.
TENDER OF EXCLUDED
EVIDENCE
 A procedure undertaken by a party normally
through a lawyer if the evidence is excluded
by the court wherein the offeror may have the
same attached to or made part of the record.
If the evidence excluded is oral, the offeror
may state for the record the name and other
personal circumstances of the witness and the
substance of the proposed testimony.
 Tender of excluded evidence is also known as
proffer of evidence or offer of proof
PROOF BEYOND
REASONABLE DOUBT
In a criminal case, the accused is entitled
to an acquittal, unless his guilt is shown
beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a
degree of proof, excluding possibility of
error, produces absolute certainly. Moral
certainly only is required, or that degree of
proof which produces conviction in an
unprejudiced mind.
 BOARD: Known in law as that degree of
proof which produces in the mind of
the judge, an unprejudiced person,
that moral certainty, or moral
conviction that the accused is guilt
and should be punished.

a. Proof beyond reasonable doubt

b. Proof beyond peradventure of a
doubt
c. Proof beyond iota of a doubt
d. All of the above
BOARD: What is that proof below proof beyond
reasonable doubt?

a. Preponderance of evidence
b. Substantial evidence.
 BOARD: A person who has violated the
penal law and has been found guilty
by the court.

a. Suspect
b. Respondent
c. Accused
d. Appellant
e. Convict
f. Prisoner
EXTRAJUDICIAL
CONFESSION
An extrajudicial confession
made by an accused, shall not
be sufficient ground for
conviction, unless corroborated
by evidence of corpus delicti.
SUBSTANTIAL EVIDENCE

In cases filed before administrative or

quasi-judicial bodies, a fact may be
deemed established if it is supported
by substantial evidence, or that
amount of relevant evidence which a
reasonable mind might accept as
adequate to justify a conclusion.
Power of the Court to Stop
Further Evidence
 The court may stop the introduction of further
testimony upon any particular point when the
evidence upon it is already so full that more
witnesses to the same point cannot be
reasonably expected to be additionally
persuasive. But this power should be
exercised with caution
CREDIBILITY OF WITNESS

refers to the integrity,

disposition and intention
to tell the truth in the
testimony he has given
FALSO IN UNO FALSO IN
OMNIBUS
It literally means “false in one thing-false in
everything”. It refers to that principle where on
one point, the witness has lied, his testimony upon
another points may be disregarded. This is no
longer followed in the Philippines. The modern
trend of jurisprudence is to the effect that the
testimony of a witness maybe believed in part and
disbelieved in part, depending upon the
corroborative evidence and the probabilities and
improbabilities of the case.
 RES IPSA LIQUITOR
“The thing/fact/transaction speaks for
itself.

A doctrine which means that where the

thing shown to be under the
management of the defendant, and
where an accident in the ordinary
course of event does not happen when
the business is properly conducted, the
accident itself raises the presumption of
negligence in the absence of any
ALIBI
 known as the weakest defense in a criminal case.
It is an averment that the accused was at another
place for such period of time that it was
impossible for him to have been at the place
where the act was committed at the time of its
commission
 BOARD: Alibi can be believed or acquire
evidentiary strength when:

a. Evidence of guilt is strong

b. There is no positive and proper identification of
the accused had been made by the supposed
witnesses.
CHAIN OF CUSTODY OF
EVIDENCE
A physical evidence cannot be admitted in court
without a testimonial sponsor who can vouch for
the authenticity and unaltered state of the
physical evidence. To maintain the integrity of the
evidence, a record must be kept of each and
every time the item changes possession in the
hands of those involved in the administration of
justice.
Main Source of the Law on Evidence:
Rules of Court Rules 128-133 (134)
PROOF, defined- the result or the effect of
evidence.
FACTUM PROBANDUM- the ultimate fact or
the fact sought to be established. It is the
fact to be proved.
FACTUM PROBANS- factum probans is the
evidentiary fact or the fact by which the
factum probans is to be established
 BOARD: Maps, charts and demonstrations used to
illustrate or emphasize a point are:

a. Demonstrative evidence
b. Physical evidence
 BOARD: Evidence given by one
who in regard to a particular
filed or science has acquired
knowledge not usually
acquired by others:

a. Best evidence
b. Expert evidence
BOARD: Under PD 1612, the
unexplained possession by
another of stolen goods is:

a. Proof that he is an accomplice in

theft or robbery
b. Prima facie evidence of fencing.
RELEVANT EVIDENCE – Evidence
which has some relation to what
is intended to be proved.

MATERIAL EVIDENCE – Evidence

that affects an issue in a
substantial matter.
BOARD: A rule of conduct just and
obligatory and laid by authorities for
common observance and benefit.
It is also known as the society’s instrument
for making known what acts are crime
and what sanctions may be applied
to those who commit those acts.
a. Criminal law
b. Law
c. Evidence
d. Criminal procedure
BOARD: It means giving to
everyone his just due. It is a social
norm providing guidance for the
people in their dealings with one
another.

a. Law
b. Justice.
Statements in an affidavit not
testified upon in the trial are mere
hearsay evidence and have no
value.

Hearsay evidence whether

objected or not has no probative
value (unless covered by the
exceptions).
The positive findings of paraffin test
does not conclusively show that the
accused has fired a gun. A positive
finding is only an indication of
possibility but not infallibility since
nitrates are found also in substances
other than gunpowder.
AFFIDAVIT OF
RECANTATION/RETRACTION
One where the witness
retracts his former statement
or say something contrary
to it.
 VALUE OF AFFIDAVIT OF
RECANTATION

 Affidavits of etractions are viewed by the court with

disfavor. It would be a dangerous rule to reject the
testimony y taken before the court simply because
the witness who has given it, later on changed his
mind for one reason or another. It will make a solemn
trial a mockery and place the investigation at the
mercy of unscrupulous witnesses, because affidavits
of retraction can easily be secured from ignorant and
poor witnesses, usually for monetary consideration,
retracting testimony is exceedingly unreliable. There is
always the possibility that it will be repudiated.
AFFIDAVIT OF DESISTANCE

One where the complainant

signifies his withdrawal to file or
pursue a criminal case. Usually, it
was done because of out of court
settlement (usually for some
monetary considerations) but is
tolerated by the courts.