LECTURE NOTES IN EVIDENCE observation of an exhibition, experiment or

demonstration.
(Rule 128-134)
By
♣ Documentary Evidence supplied by written
Atty. ALFREDO R. CENTENO
instruments or derived from conventional
BCF LAW CLASS ‘70
symbols, such as letter, by which ideas are
City Prosecutor, Baguio City
represented on material substances.
Deputized Ombudsman Prosecutor
Professor in Remedial Law Review, Evidence, Criminal Law,
♣ Testimonial that which is submitted to the court
Criminal Procedure & Labor Law Review
through the testimony or deposition of a witness.
College of Law, St. Louis University
College of Law, University of Baguio
♣ Relevant Evidence having any value in reason
Lecturer, Powerhaus Bar Review Center
as tending to prove any matter provable in an
Baguio City
action; Relevancy refers to the logical relation of
evidentiary fact to fact in issue.
Foreword
This is an updated, revised, compiled and codified edition
♣ Material Evidence directed to prove a fact in
based on the lectures, notes and comments delivered by
issue.
the late Professor Jose E. Cristobal, Professor Emeritus of
the Baguio Colleges Foundation, College of Law and Dean
♣ Competent One that is not excluded by law in
Honorato Y. Aquino of the Baguio Colleges Foundation,
particular case.
College of Law. Some of the materials incorporated herein
were the products gathered by this writer from
♣ Direct that which proves the fact in dispute
jurisprudence as printed in the Supreme Court Reports
without the aid of any inference or presumption
Annotated and the Supreme Court Advance Decisions and
the treatises and writings of known writers on the subject.
♣ Circumstantial the proof of the facts other than
(revised as of October 2012)
the fact in issue from which, taken either singly
or collectively, the existence of the particular fact
GENERAL CONSIDERATIONS in dispute may be inferred as a necessary or
And Admissibility of Evidence probable consequence.

1. Evidence - It is the means sanctioned by these rules ♣ Cumulative Evidence of the same kind and to
of ascertaining in a judicial proceeding, the truth the same state of facts.
respecting a matter of fact. (Sec. 1) It is the relation
between two facts, namely ♣ Corroborative Evidence of a different character
♣ Factum probandum – ultimate fact or the fact to the same point for higher probative value.
or the proposition sought to be established.
♣ Factum probans – evidentiary fact or the fact ♣ Prima facie That which standing alone,
by which the factum probandum is to be unexplained or uncontradicted is sufficient to
established. maintain a proposition

2. Actions are governed by our rules on evidence- ♣ Conclusive Class of evidence which the law
The rules on evidence are applicable in all actions and does not allow to be contradicted.
in all courts except when the law and the rules so
provide. The rules on evidence are the same both in ♣ Primary or Best That which the law regards as
criminal as well as in civil cases.(Sec.2) affording greatest certainty of the fact in
question
3. Evidence not the same as proof. Evidence is the
means of proof while proof is the effect of evidence, ♣ Secondary or Substitutionary That which is
the establishment of a fact by evidence. Proof results inferior to the primary evidence and is permitted
as the probative effect of evidence and is the by law only when the best evidence is not
conviction or persuasion of the mind resulting from a available.
consideration of the evidence. (20 AmJur 34)
♣ Positive The witness affirms that a fact did or
4. Classes of evidence did not occur.

Evidence may be classified as follows: ♣ Negative The witness states that he did not see
♣ Object (Real) that which is directly addressed or know of the occurrence of a fact.
to the senses of the court and consists of
tangible things exhibited or demonstrated in ♣ Expert evidence -testimony of one possessing
open court, in an ocular inspection, or at a place in regard to a particular subject or department of
designated by the court for its view or human activity, knowledge not usually acquired

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 by other persons. Such as fingerprints, 12. Non-admissibility of illegally seized evidence.
handwritings ballistics, DNA, etc. The answer is no. The law and the constitution
disallow the admission of such kind of evidence. This
5. Incomplete testimony of a witness not is covered by the exclusionary rules of evidence. They
admissible as evidence. are incompetent evidence in any proceeding.
An incomplete testimony of a witness not subjected to
cross examination is not admissible as evidence and 13. Rules of evidence classified
must be stricken off. It is the duty of every witness to
complete his testimony and make himself available for 1. Rules of Probative Policy. These are rules the
cross examination in accordance with fair play and purposes of which is to improve the probative value
due process. An incomplete testimony becomes of the evidence offered, they are either--
incompetent and inadmissible evidence. (Cunada vs. a) Exclusionary Rules- those that exclude
Drilon, G.R. No. 159118, June 28, 2004 certain kinds of evidence on the grounds of
policy and relevancy. Example: the rule that
6. Rule on evidence maybe waived. character evidence is not admissible in civil
Rules of evidence established merely for the cases; the rule disqualifying certain persons
protection of the parties may, by way of agreement, from being witnesses
be waived. Rules of evidence established by law on
grounds of public policy may not be waived. ( See b) Preferential Rules- those which require
Francisco on Evidence) one kind of evidence in preference to any other
in that they are more trustworthy. Example: the
7. No vested rights on the rules of evidence. rule which require that the original of a
A party cannot acquire vested rights on the rules on document is preferred over any other as proof
evidence. Thus evidence that is inadmissible at the of the contents of a document
time of the accrual of the cause of action may be
admissible at the time of the trial if the law then c) Analytical rules- those that subject certain
applicable admits such kind of evidence. kinds of evidence to rigid scrutiny, so as to
expose their possible weaknesses and
8. Substantive rights. shortcomings. Examples: the rules which require
Rules of evidence which are expressly sanctioned by that testimonial evidence be subjected to the
the Constitution cannot diminish, increase or modify opportunity for cross-examination
substantive rights. (Examples are the rights against
self-incrimination, confrontation, or cross-examination d) Prophylactic rules- those that apply
of witnesses). beforehand certain measures to prevent risk,
falsity or mistake. Examples: the rules which
9. Rules on evidence, construed require that witnesses be placed under oath;
Rules of evidence which are used in practice as the rules on the separation and exclusion of
effective aids in the search for truth and for the witnesses
effective administration of justice must be strictly
construed. However, those rules of evidence e) Quantitative Rules- the rules that require
regarding the admissibility of evidence which are of certain kinds of evidence to be produced in
doubtful relevancy, competency or materiality are to specific quantity, or that certain evidence be
be liberally construed. required to be associated with other evidence
when presented. Examples: the 2-witness rule
10. Effects of the rules on pleadings on the rules of in the crime of treason; the rule which require
evidence that an extra judicial confession be
Pleadings help in the determination of whether corroborated by evidence of corpus delicti; that
evidence that is offered is relevant or material to the the testimony of a state witness be corroborated
fact in issue. The reason for this is the fact that no in its material points.
evidence may be admitted to prove a fact that is not
incorporated in the pleading. 2. Rules of Extrinsic Policy- these are rules which
seek to exclude useful evidence for the sake of
11. Facts in issue or in dispute not the same as upholding other policies considered more
facts relevant to the issue. paramount. They may either be absolute or
Facts in issue are those disputed facts which a party conditional.
must prove by evidence in order to establish a claim
or defense. Facts that are admitted by either party, Examples: The Exclusionary Provisions of the
expressly or impliedly are not considered in issue. Constitution; the Anti Wire Tapping Law.
Facts in issue or in dispute are different from facts
relevant to the issue. Facts relevant to the issue refer 14. Scope of our rules on evidence.
to those facts which render probable the existence or The rules of evidence shall be the same in all courts
non-existence of the fact in dispute or in issue. and in all trials and hearings, except as otherwise
provided by law or these rules . (Sec. 2, Rule 128)

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 The same rules shall govern the trial in the lower that the evidence is inadmissible, then such evidence
courts and appellate courts, in civil and in criminal will be admissible. 3. The phrase is attributed to
cases. The reason is that the search for truth is Justice Felix Frankfurter of the U.S. Supreme and has
subject to the same rules. its biblical reference to Mathew 7: 17-20.

15. Exceptions to the rule on uniformity of the Let us illustrate: The accused claimed that
application of the rules. information about his bank accounts i.e. trust funds,
The exceptions to the rule may be the following: was obtained in violation of the Secrecy of Bank
Deposits Law ( R.A. 1405) and moved to have them
A. As to whether the rules on the presentation of be excluded as evidence. HELD: R.A. 1405 nowhere
evidence shall be applied -- provides that an unlawful examination of bank
1. Cases covered by the Regular Procedure- the accounts shall render the evidence there from
rules apply strictly inadmissible in evidence. If Congress has both
established a right and provided exclusive remedies
2. Cases covered by the Rules on Summary for its violation, the court would encroaching upon
Procedure- the rules are relaxed and the the prerogatives of congress if it authorizes a remedy
procedure is abbreviated. not provided for by statute. Absent a specific
reference to an exclusionary rule, it is not
B. Between civil and criminal proceedings: appropriate for the courts to read such a
1. As to the quantum of evidence for the provision into the act. (Ejercito vs. Sandiganbayan,
plaintiff to win: proof of guilt of the accused 509 SCRA 190, Nov. 30, 2006).
beyond reasonable doubt vs. preponderance of
evidence. B. The Doctrine of the Fruit of the Poisonous
Tree:
2. As to the presence of the parties: in civil 1. Evidence will be excluded if it was gained
cases the attendance of the parties is not through evidence uncovered in an illegal arrest,
required and they attend on their own volition unreasonable search or coercive interrogation, or
whereas in criminal cases, the presence of the violation of a particular exclusionary law. The
accused is required unless he waived the same. poisonous tree is the evidence seized in an illegal
arrest, search or interrogation. The fruit of this
3. As to the effect of the absence of a party: in poisonous tree is evidence discovered because of
civil cases, except during the pre-trial, the knowledge gained from the first illegal search,
proceedings may proceed even in the absence arrest, or interrogation or violation of a law.
of the parties whereas in criminal cases, trial
cannot proceed if the accused was not notified. 2. It is an offshoot of the Exclusionary Rule which
applies to primary evidence. The doctrine applies
4. As to the rule on confessions: this applies only to secondary or derivative evidence. There
only in criminal cases. must first be primary evidence which is
determined to have been illegally obtained then
5. As to the effect of an offer of compromise by secondary evidence is obtained because of the
the defendant: in criminal cases the offer is an primary evidence. Since the primary evidence is
implied admission of guilt whereas it does not inadmissible, any secondary evidence discovered
simply any liability in civil cases. or obtained because of it may not also be used.
It is based on the principle that evidence illegally
6. As to the presumption of innocence: this obtained by the state should not be used to gain
applies only in criminal cases other evidence because the original illegally
obtained evidence taints all those subsequently
16. Some doctrines or principles regarding the obtained.
admissibility of evidence even if they are
relevant and/or material to the fact in issue Let us illustrate: A suspect was forced to make a
confession where he revealed he took shabu from the
A. The Exclusionary Rule Principle - the principle room of X. Based on this knowledge the police went
which mandates that evidence obtained from an to the house of X and with the consent of X, searched
illegal arrest, unreasonable search or coercive his room and found the shabu. The confession is
investigation, or in violation of a particular law, must inadmissible because of the exclusionary rule. It is
be excluded from the trial and will not be admitted as the poisoned tree. The shabu is inadmissible because
evidence. The principle judges the admissibility of knowledge of its existence was based on the
evidence based on HOW the evidence is obtained or confession. It is the fruit.
acquired and not WHAT the evidence proves. The
principle is to be applied only if it is so expressly 17. Exceptions to the above stated principles.
provided for by the constitution or by a particular law. The evidence is still admissible despite the
Even if the manner of obtaining the evidence is in commission of an illegal arrest, search or
violation of a certain law but the law does not declare
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 interrogation, or violation of a particular exclusionary secretly overhearing, intercepting, or recording
law under the following exceptional doctrines: private communications by the devices enumerate
1. Doctrine of Inevitable Discovery - Evidence under Section 1. (Ramirez vs. C.A., September 28,
is admissible even if obtained through an unlawful 1995)
arrest, search, interrogation, or violation of an
exclusionary law, if it can be established, to a very b. To be admissible the consent of the person
high degree of probability, that normal police speaking or of all the parties to the conversation.
investigation would have inevitably led to the However consent is not necessary if the words
discovery of the evidence. which were taped or recorded were not intended
to be confidential as when they were intended to
2. Independent Source Doctrine - evidence is be heard by an audience or when uttered under
admissible if knowledge of the evidence is gained circumstances of time, place, occasion and similar
from a separate or independent source that is circumstances whereby it may reasonably be
completely unrelated to the illegal act of the law inferred that the conversation was without regard
enforcers. to the presence of third persons. From this
principle the following questions may come to
3. Attentuation Doctrine: evidence maybe fore: a). Does this apply if the recording of the
suppressed only if there is a clear causal connection words was unintentional or inadvertent, such as
between the illegal police action and the evidence. conversations captured by a moving video
Or, that the chain of causation between the illegal camera? b). Are conversations in a police
action and the tainted evidence is too attenuated entrapment included? c) Is lip-reading included?
i.e. too thin, weak, decreased or fragile. This takes d). Are conversations captured in surveillance
into consideration the following factors: cameras included? e). Does this apply to secret
a) The time period between the illegal arrest taping through spy cameras purposely made to be
and the ensuing confession or consented aired in television programs, such as “Bitag”,
search; “XXX” and “Cheaters”? f). Are the gestures,
snores, laughs, weeping, included as
communication or spoken words? g) What about
b) The presence of intervening factors or satellite discs and similar facilities? Google earth?
events;
2. By the unauthorized tapping of any wire or cable
c) The purpose and flagrancy of the official as to communications used via telephone/cable, as
misconduct opposed to verbal communications.
a) There must be a physical interruption through
18. Effects of the Anti Wire Tapping Law (RA4200) a wiretap or the deliberate installation of a device
on our rules on evidence. or arrangement in order to overhear, intercept, or
This law excludes evidence that is obtained through record the spoken words. a). hence over hearing
mechanical, electronic or other surveillance or through an extension telephone wire is not
intercepting devises. (Intercepted communications) included even if intentional because “each party to
The law declares as inadmissible if they are obtained a telephone conversation takes the risk that the
through any of the following ways: other party may have an extension telephone and
1. By using any device to secretly eavesdrop, may allow another to overhear the conversation
overhear, intercept or record any communication (Ganaan vs. IAC, 1986) b). Does the Ganaan
or spoken word: ruling apply to overhearing by telephone operators
a. The person who obtained the evidence of hotels, schools, hospitals and similar
may be a third person or a participant in the establishments?
conversation or communication.
B. Exceptions: when evidence through secret recording or
Let us illustrate: R and G had a tapping is admissible:
confrontation in the office of G. R secretly 1.When Judicial Authorization was granted upon
taped their verbal confrontation and used it a written petition filed pursuant to the provisions of R.A.
as evidence in the action for damages 4200 if the crimes involve (a) treason; (b) espionage; (c)
against G. G in turn filed a criminal case provoking war and disloyalty; (d) piracy and mutiny in the
against R for violation of R.A. 4200(Violation high seas; (e) sedition, inciting to sedition; (g) kidnapping;
of the Anti-Wire Tapping Law). R contends (h) other offenses against national security. The list is
that the taping by a participant to a exclusive and does not include offenses which are equally
conversation is not covered by the law. or more serious as those enumerated, such as drug
trafficking, Trafficking in Persons, Rape, Murder.
Ruling: The law does not make a distinction as to
whether the party sought to be penalized is a 2. When Judicial Authorization is granted upon a
party or not to the private conversation. written petition under R.A. 9372 (The Human Security Act
Moreover, the nature of the conversation is of 2007) in connection with the crimes of terrorism or
immaterial. What the law penalizes is the act of

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conspiracy to commit terrorism. If granted the authority c) Matters ought to be known to judges because of
covers written communications. their judicial functions.

WHAT NEED NOT BE PROVED 9. Judicial notice not synonymous with personal
Rule 129 knowledge of the judge.

1. Matters that do not need proof. Matters of judicial The answer is no. There is a basic distinction between
notice and judicial admissions do not need proof. the two terms. A fact may be known personally to the
(Sections 1, 2 & 4, Rule 129) judge but not proper for judicial notice, in the same
vein, a fact may be personally unknown to the judge
2. Concept of judicial notice . Judicial notice is the but may be proper for judicial notice.
cognizance of certain facts by the courts without
proof because they are facts which, by common 10. Procedure regarding judicial notice
experience are of universal knowledge among
intelligent persons within a country or community. During the trial, the court, motu proprio or on request
of a party, may announce its intention to take judicial
3. Requisites of judicial notice. The requisites before notice of any matter and allow the parties to be heard
a matter can be considered of judicial notice are: thereon. The purpose of a hearing is to afford the
a)That they are of common or general knowledge; parties reasonable opportunity to present information
b)That they must be well and authoritatively settled relevant to the propriety of taking such judicial notice
and not doubtful or uncertain; or the tenor of the matter to be notice. (Sec. 2, Rule
c) That they must be known to be within the limits 29, Zamora vs. Caballero, G.R. No. 147767,
of the court’s jurisdiction. Jan.14, 2004)

4. Effect of cognizance of matters of judicial 11. Judicial notice of a matter of fact done at any
notice. Judicial notice takes the place of proof and is stage of the proceeding. The court may take
of equal force. It replaces evidence and stands for judicial notice of a matter of fact -
the same thing. (a) During the trial;
(b) After trial and before judgment;
5. Matters of judicial notice classified - Matters of (c) Appeal.
judicial notice are classified into: (a) those matters
which are mandatory to be taken judicial notice of by In the above instances, the court may act on its own
the courts (Sec. 1, Rule 129); and (b) those that or on request of a party. (Sec. 3, Rule 129)
are considered discretionary on the part of the court
to take judicial notice of. (Sec. 2, Rule 129) 12. Judicial notice of facts during the trial but
before judgment and the taking of judicial
6. Basis of the rule on judicial noticed. The doctrine notice after judgment but on appeal not the
of judicial notice is based upon obvious reasons of same.
convenience and expediency and operates to save
trouble, expense, and time which would be lost in The answer is yes. There is a distinction between the
establishing, in the ordinary way, facts which do not two proceedings. In the former the court may
admit contradiction. announce its intention to take judicial notice of any
matter and may hear the parties thereon. (Sec. 3)
7. Facts that must be considered of judicial notice While in the latter case, the court may take judicial
- The following facts or matters are to be considered notice of any matter and allow the parties to be heard
mandatory judicial notice: thereon if such matter is decisive of a material issue
a) Existence and territorial extent of states, their in the case. In either case, the courts are not
forms of government and symbols of precluded by the rules of evidence from to take
nationality; judicial notice of matters brought to their attention.
b) Law of Nations;
c) Admiralty and maritime courts of the Philippines; 13. Pardon granted by the President not matter of
d) Matters relating to the executive, legislative and judicial notice.
judicial branches of the government;
e) Laws of nature; The answer is no. It is a private act of the President
f) Measure of time; which must be pleaded and proved by the person
g) Geographical divisions. pardoned.

8. Facts that may be given judicial notice. The 14. Newspaper accounts or customs are not
following: matters of judicial notice.
a) Matters of public knowledge; or
b) Matters of capable of unquestionable The answer is no. These matters are to be proven by
demonstrations; or the party as matters of fact.

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 admissions. Said pleadings must still be offered in
evidence and considered as extrajudicial admission.
15. Verbal or written declarations made by a party
in the course of the proceedings in the same 19. Effect of doubt on matter of judicial notice
case subject to rebuttal. The power of the courts to take judicial notice must
be exercised with caution and care, such that every
The answer is yes. A party may contradict said verbal reasonable doubt upon the subject matter to be taken
or written declarations by showing that they had been judicial notice of must be resolved in the negative.
made through palpable mistake or that the admission (Republic vs. CA, 107 SCRA 504)
was never made by such party.
20. In summary, matters that do not need proof.
16. Doctrine of processual presumption
Generally, all facts in issue and relevant facts must be
Absent any evidence or admission, the foreign law in proven by evidence except the following: (Republic
question is presumed to be the same as that in the vs. Neri, G.R. No. 139588, March 4, 2004)
Philippines. (Read also Sec. 48, Rule 39) a)Allegations contained in the complaint;
b)Facts which are admitted or which are not denied
17. Judicial admissions in the answer provided they are alleged with
Judicial admissions are those made by the parties in certainty;
their pleadings, or in the course of the judicial c) Facts which are the subject of an agreed
proceedings as well as those made in the progress of stipulation of facts between the parties;
the trial. (Sec. 4, Rule 129) d)Facts admitted by a party in the course of the
proceedings of the same case;
18. Admissions made by a party during the pre- e)Facts which are the subject of judicial notice;
trial conference. f) Facts which are legally presumed (Legal
Presumptions)
We must make a distinction in this case, whether the g)Facts peculiarly within the knowledge of the
admission is made in a pretrial of a civil action or in a opposite party.
criminal action. Admission made by a party during a
pretrial conference in a civil action is considered judicial
admission. In criminal actions, the admissions made RULES OF ADMISSIBILITY
during the pretrial conference become only a judicial RULE 130
admission after the counsel and accused affix their
signatures in the pretrial order or pretrial agreement. 1. Evidence, when admissible.
Evidence is admissible when it passes the test of
19. Effects of the following acts: relevancy and competency. Evidence is relevant when
a)Failure of a party to specifically deny under oath it is related to the fact in issue and competent when it
an actionable document; is not excluded by any rule or law. They may relate to
b)Admissions made by a party in a pleading filed in the axioms of relevancy and competency of evidence.
another action; Aside from these axioms we also have the rule on
c) Failure to answer the complaint resulting in materiality of evidence.
default of the non-answering party;
d)Admissions made by a party in a pleading that 2. Admissibility not synonymous with Credibility
has been superseded by an amendatory of evidence
pleading; The answer is no. Admissibility is based on whether
Answers: or not the evidence is relevant and competent; while
1)The failure of a party to specifically deny under oath an credibility is a matter that is addressed to the
actionable document will result to the admission of the discretion of the court.
document as evidence even if they are not introduced as
such; 3. Multiple Admissibility of evidence.
The answer is yes, so long as the evidence is relevant
2) Admissions made in a pleading filed in another action and competent for several purposes. In which case,
are not considered judicial admissions. However, they may the evidence will be admitted if it satisfies the
be considered as extra-judicial admissions. requirements of the rules regarding admissibility for
the purposes for which it is presented even if it does
3) Failure of a party to answer a pleading does not not satisfy the requirements for other purposes. This
amount to an admission of the facts alleged in the is what we call multiple admissibility of
complaint. The court must still receive evidence to prove evidence.
the allegations in the complaint. (Sec. 1, Rule 18)

4) Our rules on pleadings provide that superseded or 4. Conditional admissibility of evidence.

amended pleadings disappear from the record as judicial Yes. This is what we call conditional admissibility of
evidence. That is, evidence which appears to be
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 immaterial is admitted by the court subject to the indecent or improper objects are not admissible under
condition that its connection or relevance with other the rules on object evidence.
facts subsequently to be established. This is what we
call conditional admissibility of evidence. A. Those exhibited to the Court or observed by
it during the trial, such as:
5. Collateral matters 1. The weapons used, the articles recovered or
Those other than the facts in issue and which are seized as subjects of an offense, the effects of
offered as a basis for inference as to the existence or the crime, clothing apparels
non-existence of the facts in issue. Generally they are 2. The wound or scars in the body in physical injury
not allowed by the court, except when they tend in a cases
reasonable degree to establish the probability or 3. Inspection of the body of the accused and his
improbability of the fact in issue. personal appearance to determine his body built,
physique, height, racial characteristics, and
6. Classes of collateral matters. similarities with another, in paternity suits
Collateral matters may be classified into: (a) 4. Observations as to the demeanor of witnesses
prospectant-those preceding the fact in issue but 5. Re-enactment or demonstrations of actions
pointing forward to it, such as moral character, 6. Documents when the purpose is only to prove
motive, conspiracy, plan and design. (b) their existence or condition; nature of the
Concomitant –those matters accompanying the fact handwritings thereon; to determine the age of
in issue and pointing to it, such opportunity, and the paper used.
incompatibility or alibi. (c) retrospectant- those B. Those which consists of the results of
succeeding the fact in issue but pointing backward to inspections of things or places conducted by the
it, such fight, concealment, behavior of the accused court (ocular inspections) outside the court
upon his arrest, finger prints, articles left at the scene 1. The observations made by the parties are duly
which may lead to the identity of the accused. recorded; pictures and other representations may
be made such as sketches and measurements
2. Examples: inspection of the crime scene;
Materiality of evidence - Evidence is material when disputed boundaries; objects which cannot be
it is directed to prove a fact in issue as determined by brought to court
the rules or substantive law and pleadings. It refers to C. Those which consists of the results of
the quality of substantial importance to the particular experiments, tests or demonstrations, which may
issue raised in the pleading apart from being relevant be scientific tests/experiments, or practical
thereto. tests/demonstrations provided the conduct of
experiments/tests is subject to the discretion of
7. Curative admissibility the court.
It is that evidence, otherwise improper, is admitted to
contradict improper evidence introduced by the other 11. Scientific test or experiments acceptable to
party. the Philippine Courts.
In some cases our Supreme Court adopted the so-
8. Equiponderance or equipoise of evidence. called Forensics or Microanalysis examinations in aid
It refers to the situation where, after the trial, the of disposition of cases brought before our courts:
evidence presented by the parties is on the balance. these are applications of scientific principles to answer
In such a situation, the proposition is to be resolved questions of interest in the legal system. In this
against the party having the burden of proof. connection we have the principle Trace Evidence to
solve crimes based on the Principle of Contact: - DNA
9. Physical or object evidence a) Trace Evidence- evidence found at a crime
It is a mute but eloquent manifestation of truth and scene in small but measurable amounts such as
rates highly in the hierarchy of trustworthy evidence. hairs, fibers, soils, botanical materials, explosive
It enjoys a far superior probative weight than residue
corroborative testimonial evidence. (Aradillos vs.
CA, G.R. No. 135619, Jan. 15, 2004) It is b) Principle of Contact: every person who is
addressed to the senses of the court. It is also called physically involved in a crime leaves some minute
“autoptic preference.” It may even include trace of his/her presence in the crime scene or in
experiments and the use of devises in court. Test of the victim and often takes something away from
blood and drugs and other chemical test fall within the crime scene and/or victim
the meaning of object evidence. The experiments
may be conducted in or out of the courtroom. 12. Requirements of admissibility of object
evidence
10. Admissibility of object evidence, scope thereof The purpose is two-fold: (a) to ensure/preserve the
Object evidence to be admissible must be relevant to Identity of the Object which is to prevent the
the fact in issue and must be properly authenticated. introduction of a different object and (b) to
It must also pass the test of competency. Repulsive, ensure/preserve the Integrity of the Object which is
to ensure that there are no significant changes or
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 alterations in the condition of the object or that the Note: Both kinds maybe handwritten,
object has not been contaminated. typewritten, printed, sketched or
drawings or other modes of recording
13. Elements of authentication of object evidence. any form of communication or
Important component elements of the process of representation. Example: The Rebus,
Authentication are: Secret Codes.
a) Proof of Identity: Through the testimony of a C. Electronic Evidence pursuant to the Rules of
witness as to objects which are readily identifiable Electronic Evidence effective August 01, 2001,
by sight provided there is a basis for the which provides:
identification by the witness which may either be: 1) Rule 3 section 1: “Electronic evidence as
● The markings placed by the witness functional equivalent of paper-based
upon the object, such as his initials, his documents- Whenever a rule of evidence refers
pictures in the digital camera, or to the term writing, document, records,
● By the peculiar characteristics of the instrument, memorandum or any other form of
object i.e. by certain physical features writing, such term shall be deemed to include
which sets it apart from others of the an electronic document”.
same kind or class by which it is readily
identified. Examples: a hole caused by 2) “Electronic document” refers to
burning in a sweater; the broken hilt of information or to the presentation of
a knife information, data, figures or symbols or other
modes of written expression, described or
b) Proof of Identity and Integrity: By proving however represented, by which a sight is
that there was no break in the Chain-of-Custody in established or an obligation extinguished, or by
the event the object passed into the possession of which a fact maybe proved and affirmed,
different persons. This means proving the which is received, recorded, transmitted,
chronological sequence through which the object stored, processed, retrieved or produced
was handled only by persons who, by reason of electronically.
their function or office, can reasonably be
expected to have the right or duty to possess or 3) It includes digitally signed documents and
handle the object. This is done by calling each of any printout or output, readable by sight or
these persons to explain how and why he came other means which accurately reflects the
into the possession of the object and what he did electric data message or electronic document.
with the object. For purposes of these rules the term electronic
(i) When the object passed into the document maybe used interchangeably with
possession of a stranger, then there is “electronic data message”
doubt as to the integrity, if not identity of
the object. 4) Rule 3 section 2: An electronic document is
admissible in evidence if it complies with the
c) Proof of Integrity: By proving the Proper Rules of Admissibility prescribed by the Rules
Preservation of the object which consist of of Court and related laws and is authenticated
showing that the object was kept in a secure place in the manner prescribed by these rules.---
as to make contamination or alteration difficult, There are three requirements for admissibility:
and it has not been brought out until its relevancy, competency and proper
presentment in court. authentication.

14. Improper authentication of object evidence. D. Text messages are electronic evidence being
If there was improper authentication the object ephemeral electric communications. They may be
maybe excluded upon proper objection, or that it proven by the testimony of a person who was a
may not be given any evidentiary value. Thus in a party to the same or who has personal knowledge
criminal case, reliance thereon may be a ground for thereof such as the recipient of the messages
acquittal. (Nunez vs. Cruz Apao 455 SCRA 288)

15. Scope of documentary evidence 16. Documentary evidence

The so-called documentary evidence includes the Documentary evidence is evidence supplied by
following: written instruments, or derived from conventional
A. Writings or Paper Based Documents symbols. They may refer to letters, by which ideas
B. “Or any other material” refers to any other are represented on material substances. Documents
solid surface but not paper such as blackboard, are either public or private writings.
walls, shirts, tables, floor.
1) As in a contract painted on the wall 17. Distinction between Public Documents and
2) They include pictures, x-rays, videos or Private Writings.
movies. (a) Authenticity: A public document is admissible
in evidence without proof of its due execution or

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 genuineness; a private writing needs proof of its facts in the writing could only have been known by
due execution and authenticity before it is admitted the writer of the document himself.
in evidence in any proceeding; A private writing is deemed authenticated by the
(b) Persons bound: A public document binds third adverse party when the reply of the adverse party refers
parties or strangers to the document and may be to and affirms the sending and his receipt of the private
used in evidence for or against the said persons; writing in question.
private documents on the other hand bind only the
parties who executed them and their privies insofar 20. Authentication not required
as the due execution and date of the document is Authentication is not required when the
concerned. (Read this with Article 1311 NCC); document is considered as an ancient document; or a
public document or part of public record; or a duly
(c) Validity of certain transactions: There are notarized document; or when the authenticity of the
instances where the law requires form for their writing is admitted. A document is deemed ancient when it
validity or enforceability (see Article 1356 and is more than 30 years, containing no alterations or
1403, NCC), otherwise they may not be considered circumstances which may give rise to any suspicion and
valid or enforceable by action. that it is produce from a custody in which it would
naturally be found if genuine.
18. Authenticity and due execution of a private
writing 21. Proof of genuineness of handwriting.
The authenticity and due execution of a private The genuineness of handwriting is proved and
writing may be established by: established by the testimony of a person who saw the
a) Anyone who saw the writing executed; (e.g. person write; or by a person who is familiar with the
probate of holographic will) handwriting; or by opinion evidence by an expert witness
b) By evidence of the genuineness of the on questioned documents.
handwriting of the maker; (e.g. Negotiable
instruments law; read with opinion evidence) 22. Rule on production of the documents in
or question.
c) By a subscribing witness; (e.g. probate of The rule on authenticity includes the
Notarial or Legal Wills) production of documents and other writings for the
scrutiny of the court and of the parties. A party may be
19. Doctrine of self-authentication of a private directed to produce such documents as they are needed
writing. and relevant to the fact in issue or when they become the
The doctrine of self-authentication simply means that subject matter of the controversy.
a private writing is deemed authenticated when the

entries are considered as originals. At present (age of

23. Best Evidence Rule. computers and the so-called E-Commerce) where one
General Rule: When the subject of an inquiry could reproduce as many copies as may be desired
is the contents of a document, no evidence shall be regarding a particular transaction, all the copies are
admissible other than the original document itself. (If only originals. Although under the Electronic Evidence Rules,
the fact of execution/existence/surrounding circumstances restrictions and limitations as well as safeguards are
is involved, Rule does not apply) In short, the document imposed before such kind of document may be admitted
the content of which is in controversy must be produced in evidence. The term may also include - The one the
in court or its existence properly established and proved. contents of which are the subject of an inquiry, such as:
The rule applies to both criminal as well as civil actions. a. If in 2 or more copies executed:
In a criminal prosecution for falsification of a i. At or about the same time; AND
document, the original itself must be produced (the ii. With identical contents
document subject of the falsification and on which the ⮚Then all copies are originals
falsification or forgery has been committed). b. If entry is
i. Repeated in regular course of business, with
24. Best evidence rule applied to libel cases. ii. One being copied from another;
If what is to be proven is the authorship - iii. At or near the time of the transaction,
the manuscript delivered by the author to the editor or ⮚ Then all entries are originals
publisher is the original; but if what is to be proven is the
libelous publication – article found in any copy of the same 26. Exceptions to Best Evidence Rule
edition of the newspaper is considered the original. In the following instances, the original
of the writing need not be produced:
25. Concept “original of the writing” a. Original is lost or destroyed, or cannot be
In civil actions, the term original may vary in its produced in court without bad faith on the part of the
meaning. There are documents that are considered to fall offeror;
within the term “original”. Such that an entry repeated in b. When the original is in the custody of the party
the regular course of business, one being copied from against whom the evidence is offered, and the latter fails
another at or near the time of the transaction – the to produce it after reasonable notice;
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 c. When the original consists of numerous accounts papers; minutes and recordings by secretaries;
or other documents which cannot be examined in court memoranda by an employer to a secretary or employee;
without great loss of time and the only fact sought to be the baptismal records as to the age of a person.
established is the general result of the whole; and d.3) Recollection or testimony of a witness such
d. When the original is a public record in the as the parties, instrumental witnesses and signatories
custody of a public officer or is recorded in a public office. thereto; one who read the original; one present when the
terms were discussed or to whom the contents were
27. Explanation of the above-stated exceptions. related.
First Exception: “When the original has The testimony need not be accurate as long as the
been lost, destroyed, or cannot be produced in substance is narrated.
court without bad faith on the part of the 5. If the offeror failed to lay the proper foundation but
offeror. the opposing party did not make any objection, the
1. “Lost/destroyed”: the original is no longer in existence secondary evidence may be treated as if it were on the
2. “Cannot be produced in court”- the original exist but either same level as the original and given the same weight as
(i) it is of a nature that it is physically impossible to bring an original.
it in court as in the cases of a painting on a wall or In the case of People vs. Cayabyab (Aug. 03,
tombstone or it consists of the data stored in a computer 2005), in a rape case the prosecution presented a
(ii) would entail great inconvenience, expense or loss of photocopy of the birth certificate of the victim to prove her
time if brought to court, as in the case of a writing on a age and which was not objected to. The admissibility and
rock (iii) it is outside the Philippine territory weight were later questioned in the Supreme Court.
3. “Without bad faith on the part of the offeror”- the 1. The best evidence to prove a person’s age is
lost or unavailability was not due to the act or negligence the original birth certificate or certified copy thereof; in
of the party presenting secondary evidence, or if due to their absence, similar authentic documents maybe
the act or fault of a third person, then the offeror had no presented such as baptismal certificates and school
part therein. records. If the original or certified true copy of the birth
4. Procedural requirement: Foundation or Order of Proof is (i) certificate is not available credible testimony of the mother
existence (ii) execution (iii) loss and (iv) contents Thus: or a member of the family maybe sufficient under the
(a) Proof of the existence and the due execution of circumstances. In the event that both the birth certificate
the original through the testimonies of the persons who or authentic documents and the testimonies of the victim’s
executed the document; the instrumental witnesses; by an mother or other qualified relatives are unavailable, the
eyewitness thereof; who saw it after its execution and testimony of the victim (a minor 6 years of age) maybe
recognized the signatures therein; by the person before admitted in evidence provided it is expressly and clearly
whom it was acknowledged, or to whom its existence was admitted by the accused.
narrated 2. Having failed to raise a valid and timely
Exception: Ancient documents. objection against the presentation of this secondary
evidence the same became primary evidence and deemed
(b) Proof of the fact of loss or destruction of the admitted and the other party is bound thereby.
original through the testimonies of (b.1) anyone who
knew of the fact of the loss as in the case of an Second Exception: When the original is in
eyewitness to the loss or testimony of the last custodian the adverse party’s custody and control. The
(b.2) any who made a diligent search in the places where Foundation consists of the following:
the original was expected to be in custody and who failed 1. Proof of the Existence and Due Execution of the
to locate it (b.3) one specially tasked to locate but was Original
unable to find the original, as in the case of a detective. If 2. Proof that the original is in the (a)actual, physical
the original consists of several copies, all must be possession/custody or (b) control i.e. possession or
accounted for and proven to be lost. custody by a third person for and in behalf of the adverse
party, as that of a lawyer, agent or the bank.
(c) Proof of lack of bad faith on the part of the
offeror Maybe by the testimony of the one who delivered
the document; registry return receipt by the Post Office or
(d) Proof of the contents by secondary evidence some other commercial establishments engaged in the
according to the Order of Reliability i.e.: delivery of articles and the receipt thereof, or by one who
d.1) By a copy whether machine made or witnessed the original being in the possession of the
handmade so long as it is an exact copy. It need not be a adverse party.
certified copy
d.2) By its Recital of the Contents in some 3. Proof that reasonable notice was given to the
Authentic Document_ a document whether public or adverse party to produce the original: the notice must
private, which is shown to be genuine and not specify the document to be produced.
manufactured or spurious, and which narrates, a) If the documents are self incriminatory, notice must still be
summarizes or makes reference to the contents of the sent as the adverse party may waive the right
original document. b) The notice may be a formal notice or an-on-the-
Examples: personal diaries; letters; annotation of spot oral demand in court if the documents are in the
encumbrances at the back of the title; drafts or working actual physical possession of the adverse party.

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 1. The documents involved: (a) a strictly public
4. Proof of failure or refusal to produce. document such as the record of birth, the decision of a
A. Effects of refusal or failure to produce: court and (b) a private document which was made part of
a) The adverse party will not be permitted later to the public record, such as a document of mortgagee
produce the original in order to contradict the other involving a registered land and submitted of the Office of
party’s evidence the Register of Deeds
b) The refusing party may be deemed to have 2. Reason: The Principle of Irremovability of Public
admitted in advance the accuracy of the other party’s Records i.e. public records cannot be removed or brought
evidence out from where they are officially kept, because:-
c) The admission of secondary evidence and its (i) the records should be made accessible to the
evidentiary value is not affected by the subsequent public at all times;
presentation of the original. (ii) the great in convenience caused to the official
d). Example: In G&M Phil. Inc. vs. Cuambot it was custodian if he were called to present the records to the
held: “ the failure (of the employer) to submit the original court every now and then; and
copies of the pay slips and resignation letter raises doubts (iii) to guard against the possibility of
s to the veracity of its claim that they were signed by the loss/destruction of the documents while in transit.
employee. The failure of a party to produce the original of 3. Exception or when the original has to be
a document which is in issue has been taken against such presented. Only upon prior Order from the court as when
party, and has been considered as a mere bargaining chip, an actual inspection is necessary for the proper
a dilatory tactic so that such party would be granted the determination of the case, as in cases of falsification
opportunity to adduce controverting evidence pursuant to the Gregorio Doctrine. In the absence of a
5. Proof of the contents is by the same secondary court order, the official may be liable for infidelity in the
evidence as in the case of loss. custody of documents.
4. Secondary evidence allowed:
Third Exception: When the original consists a) A certified copy issued by the official custodian
of numerous accounts or other documents which bearing the signature and the official seal of his office.
cannot be produced in court without great loss of When presented the document must bear the
time and the fact sought to be established there documentary and science stamp and the accompanied by
from is only the general result of the whole. the official receipt of payment of the copy
1. This is based on practical convenience b) An official publication thereof
2. The Foundation includes:
a) Proof of the voluminous character of the original PAROL EVIDENCE RULE
documents
b) Proof the general result sought is capable of The basic principle on parol evidence is found in
ascertainment by calculation or by a certain process, Section 9, Rule 130, which provides: “Section 9.
procedure or system Evidence of Written Agreements. “When the terms
c) Availability of the original documents for of an agreement had been reduced into writing, it
inspection by the adverse party so that he can inquire into is considered as containing all the terms and
the correctness of the summary conditions agreed upon and there can be between
the parties and their successors in interest, no
3. How the general result is introduced: evidence of such terms other than the contents of
(a) by the testimony of an expert who examined the the written agreement.”
whole account or records; Literally parol evidence means oral or verbal
(b) by the introduction of authenticated abstracts, testimony of a witness regarding a written agreement. It
summaries or schedules is sometimes referred to as evidence aliunde or extrinsic
evidence because it is outside of the terms of the written
4. Illustrations: agreement. Strictly speaking, it is not a rule of evidence or
a) The income of a business entity for a period of procedure but of substantive law. It is a part of our law on
time maybe known through the income tax return field by contracts, the negotiable instruments law and the law on
it, or by the result of the examination of an accountant wills. It is founded upon the substantive rights of the
b) A general summary of expenses incurred maybe parties to the contract or written agreement. “Parol
embodied in a summary to which are attached the evidence” is different from the “parol evidence rule”.
necessary supporting receipts witness
28. Requisite of the parol evidence rule.
c) The state of health of an individual maybe The requirements for the Application of the Rule are:
established through the testimony of the physician 1. That there be a valid written contract or a
d) The published financial statement of SLU as written document which is contractual in nature in that it
appearing in the White and Blue involves the disposition of properties, creation or rights
and imposition of obligations, as such:
Fourth Exception: When the original is a a) Void contracts do not create any right
public record in the custody of a public official or is and produces no legal effects
recorded in a public office

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 b) The contract maybe in any written form The two rules may be distinguished from
whether in the standard form or as worded by the each other as follows:
parties themselves 1. As to what is prohibited : The Best Evidence
c) The document may be signed or not as Rule prohibits the introduction of inferior evidence when
in the case of way bills, tickets the best evidence is available whereas the Parol Evidence
d) The rule does not cover mere receipts of Rule prohibits the introduction of oral testimony to vary
money or property since these are incomplete and the terms of a written agreement.
are not considered to be the exclusive memorial of 2. As to scope: The Best Evidence Rule
the agreement and are inconclusive applies to all kinds of written documents while
e) However a “Statement of a Fact”, as the Parol Evidence Rule is limited to contracts
distinguished from statements which constitute and wills.
“Terms of the Contractual Agreement” maybe 3. As to the substance of the
varied, such as statements as to the personal evidence: The Best Evidence Rule goes to the
qualifications of the parties. form of the evidence while the Parol Evidence
2. That there is a dispute as to the terms of the Rule goes to the very substance of the evidence
agreement 4. As to who may invoke: The Best
3. That the dispute is between the parties to the Evidence Rule may be invoked by any party to a
contract or their successors or that the rule is invoked by case while the Parol Evidence Rule may be
one who is given a right or imposed an obligation by the invoked only by a party to the written agreement
contract. This is because the binding effect of a contract is and his successor in interest, or by one given
only upon the parties thereto or their successors. right or imposed an obligation by a written
agreement. (see Article 1311)
29. State the parol evidence rule. 5. As to the issue: The issue under
Parol Evidence Rule: “When the terms of the Best Evidence Rule is the contents of the
an agreement have been reduced into writing, it is written document whereas the issue in Parol
considered as containing all the terms agreed upon, and Evidence Rule is the term and condition of a
there can be, between the parties and their successors in written agreement.
interest, no evidence of such terms other than the
contents of the written agreement.” It simply means that 32. Persons bound by the parol evidence rule
the written agreement is presumed to contain all the prior From the language of the rule, only the parties to
and contemporaneous agreements (terms and conditions, the instrument or agreement and their successors-in-
proposals and counter-proposals) of the parties. Such that interest are bound. Strangers or third parties are not
no party to the agreement can present oral testimony that bound; neither can they invoke the rule. (Take note
would vary, modify or alter what is written in the of Article 1311, par. 2 on Stipulation in favor of a
agreement. (Sec. 9, Rule 130) third person)

30. Principle of Integration of Jural Acts on 33. Contemporaneous or prior agreements

written agreements; its purpose allowed to establish jural acts.
The principle simply means that the written Contemporaneous or prior agreements
agreement is the final culmination of the negotiation and which, even if they affect or relate to the
discussion of the parties as to their respective proposals contract, may still be proven by the parties by
and counter-proposals and is the final and sole repository, oral testimony, such as:
memorial and evidence of what was finally agreed upon. 1. Those which refer to separate and
Therefore, whatever is not found in the written agreement distinct subject matters and which do not vary or
is deemed to have been abandoned, disregarded, or contradict the written agreement.
waived by them. Only those contained in the written Example: The buyer of a land in a
agreement are considered the only ones finally agreed written contract may prove by oral
upon and no other. Thus oral testimony will not be testimony that the seller agreed to give
permitted to show there were other agreements or terms him the right of first refusal of the seller’s
between the parties. adjoining lot. Similarly the promise of first
The purposes of such application are: (i) to refusal by the lessor in favor of the lessee
give stability and permanence to written agreements may be proven by oral testimony.
otherwise they can be changed anytime by mere 2. Those which constitute “Conditions
testimony, then written agreements would serve no useful Precedent” if the written contract specifically
purpose (ii) to remove the temptation and possibility of stated that it shall be complete and effective
perjury which would be rampant if oral/parole evidence upon the performance of certain conditions.
were allowed as a party may resort to such testimony in Example: that the contract be first
order to either escape compliance with his obligation, or referred to a third person who must give
to create fictitious terms favorable to him. his approval thereto or that a third person
should also sign as a witness thereto.
31. Parol evidence rule and best evidence rule, 3. Those which are the moving and inducing
distinguished. cause, or that they form part of the consideration and the
contract was executed on the faith of such oral agreement

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in that : (i) the party would not have executed the It cannot be removed or explained even with the use of
contract were it not for the oral agreement and ii) they do extrinsic aids or construction or interpretation. Examples:
not vary or contradict the written agreement. (i) A promissory note or memorandum of indebtedness
a) The promise by a vendor to give a road which does not specify the amount of the obligation (ii)
right of way to the vendee over the latter’s sale of property without the property being described or
remaining property (iii) where the description is “one of several properties” or
b) An agreement to allow the son of the one of several persons is mentioned but he is not
vendor to occupy a room free of charge in the specifically identified e.g. “ I leave my cash to my favorite
apartment sold, for a certain period of time son”.
c) An agreement that the vendor shall
harvest the standing crops over the land sold c) Intermediate Ambiguity – where the ambiguity
d) An agreement that the vendor shall consists in the use of equivocal words/terms/phrases or
cause the eviction of squatters from the land sold descriptions of persons or property. Parole evidenced is
e) That the party was to pay off the admissible to ascertain which sense or meaning or
indebtedness of the other; or to give or deliver a interpretation was intended by the parties. Examples:
thing to a third person. (i). the use of the word “dollar” (ii) the use of the term
sugar (iii) where in a deed of mortgage it was uncertain
34. Statutory exemptions on the parol evidence which amount of loan was being secured
rule.
The General Concept of the statutory exceptions B. There was a Mistake or Imperfection
to the rule is: - That oral testimony is allowed even if they 1. Imperfection includes situations of inaccurate
pertain to the contents, terms or agreements of the descriptions
document, provided they were specifically alleged in the 2. Mistake- when a person did or omitted to do an
pleadings by the party concerned. In the following act by reason of an erroneous belief or interpretation of a
instances oral testimony may be allowed as exceptions to law or assessment of a fact, or due to ignorance,
the parol evidence rule, to wit: forgetfulness, unconsciousness, or misplaced confidence.
The exception requires the following requisites:
A. That there is an ambiguity a) Must be of a fact and is mutual to both the
1. Ambiguity refers to an uncertainty or doubt in the parties. Examples: (i) both were in error as to the
document or something in its provisions is not clear, or of property sold and described in the deed of sale i.e.
being susceptible to various interpretations or meanings. another property as the one involved and not that
They are either (a) latent or intrinsic (b) patent or described in the document (ii). two persons were
extrinsic and (c) intermediate ambiguity supposed to be witness but were named instead as parties
a) Latent or Intrinsic- The instrument/document (iii) the writing was incomplete when it mentioned only
itself is clear and certain on its face but the ambiguity some but not all the terms agreed upon.
arises from some extrinsic, collateral or outside factor,
thus there is an uncertainty as to how the terms are to be
enforced. It is of two kinds: (i) when the description of the C. The Failure of the Written Agreement to
person or property is clear but it turns out the description Express the True Intent and Agreement of the
fits two or more persons or things and (ii) where the Parties
description of the person or object is imperfect or 1. The deed maybe ambiguous or vague either
erroneous so as to leave doubt what person or object is through ignorance, lack of skill or negligence of the
referred to. Examples: (i) the donee is described as “My party/person who drafted the deed, or through the use of
uncle Tom” but the donor has several uncles named Tom imprecise words.
(ii) the thing sold is “my house and lot in Baguio City” but 2. Maybe cured through the remedy of reformation of
the vendor has three houses and lots in Baguio City (iii) instrument. Example: (i) The deed turned out to be a
the money shall be for the tuition fee of my son “who is sale when the intention was as a security or (ii) the deed
enrolled in SLU” but it is the daughter who is enrolled in was a sale and not an SPA
SLU while the son is enrolled in UB (iv) the subject of the
sale is the vendor’s “ two storey house in Bakakeng” but D. The Validity of the Agreement is put In
what he has in Bakakeng is a grocery store and it is his Issue
house in Aurora Hill which is of two stories. a. One or both parties assert the agreement or
Reason for the exception: the introduction of oral document is null and void or unenforceable for lack of the
testimony does not vary or contradict the document but it essential elements of a valid contract. Example: The
aids the court in ascertaining and interpreting the Validity of the written agreement;
document thereby enabling it to give effect and life to the Evidence may be admissible to show:
document. ►that a written agreement changing, modifying
or abrogating a contract was entered between the parties
b) Patent or Extrinsic (Ambiguitas patens) – the subsequent to the execution of the first contract;
uncertainty is very clear and apparent on the face of the ►that one of the parties to a contract was
document and can easily be seen by simply reading the induced to execute the same by false and fraudulent
terms/contents of the document. Aside from being clear representation;
and apparent, the ambiguity is permanent and incurable.

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 ►that the operation of a contract was based on the A person may be declared incompetent as a
occurrence of an event as a condition precedent; witness on any of the following grounds:
►to explain an incomplete description of property in an a) Physical or mental disqualification;
express trust; b) Marital Disqualification Rule;
c) Dead Man’s Statute;
E. In case of Subsequent Agreements- the d) Privilege Communications, such as:
terms and conditions being testified on were d-1 Marital Privilege;
agreed upon after the execution of the d-2 Attorney-Client Privilege;
document d-3 Physician-Patient Privilege;
1. As in the case of novation of the document, in d-4 Priest-Penitent Privilege;
whole or in part Parties are free to change or modify d-5 State Secrets;
or abandon their written agreement in which case it is
the latter which should given force and effect. e) By reason of relationship
Example: Existence of other terms agreed upon
subsequent to the execution of the written agreement. 39. Marital disqualification rule, its reason
E.g. A deed of sale with right of repurchase was This is also called the disqualification by reason
entered into between JR and RJ. Before the expiration of marriage. During the marriage neither spouse may
of the period of redemption, JR the vendee-a-retro testify for or against the other without the consent of the
orally promised to grant RJ an extension of 30 days affected spouse. (Sec. 22, Rule 130)
from the expiry date within which to redeem the The rule is based on public policy of preserving
property. May RJ present parol evidence to prove the the marital relationship, family unity, solidarity and
oral promise of JR? The answer is yes. harmony. The rule seeks to avoid the danger of admitting
perjured testimony and to prevent the witness spouse
QUALIFICATION OF WITNESSES from being liable for perjury. Finally, there is that identity
Competency of Witnesses of interest of the spouses such that to compel a spouse to
testify against the other is tantamount to compelling the
⮚ General Rule: All persons who can perceive, and witness to testify against his interest.
perceiving can make known their perception to
others may be witnesses. (Sec. 20, Rule 130) 40. Requirements for the application of the rule;
testimonies covered.
35. General concept of “competency” of a witness In order that the rule is applicable, it must be
The first rule on qualification of witnesses is the rule on shown that one spouse is a party to case, whether civil or
competency of the person to be presented as witness. criminal, singly or with other third persons; that they must
Competency of a witness means the legal fitness or ability be legally married; that the marriage must be subsisting;
of a witness to be heard on the trial of a case. (Bouvier’s and that the case is not one filed against the other; and
Law Dictionary) The term competency should not be that the other spouse has not given his consent.
confused with competency of evidence as earlier
discussed. When a person takes the witness stand to 41. Spouses testify against each other
testify, the law, on grounds of public policy, presumes that The spouses may testify against each other
he is competent to testify. Insofar as competency to under any of the following circumstances:
testify is concerned, if the evidence is equipoise, the a) In a civil case filed by one against the other.
witnesses should be permitted to testify. Examples: cases of annulment, legal separation, support,
A person may not be rejected by the court unless there is declaration of mental incompetency, separation of
proof of his incompetency. property.
b) In a criminal case for a crime committed:
36. Burden of showing the incompetence of a (i) by one against the other, such as those
person as a witness involving physical assault and violence; Violation of RA
The burden of showing that a person is not competent to 9262; economic abuse or; (ii) against the direct
testify rests on the party objecting to the qualification of a ascendant or descendant of the other.
witness.

37. Requisites for rejection of a person as a NOTE: When the reason for the law has ceased.
witness Where the marital and domestic relations are so
Before a person may be rejected as a witness, proper and strained that there is no more harmony to be
timely objection as to his competency must be raised by preserved, or peace and tranquility which may
the adverse party. The objection must be raised before be disturbed, the reasons based on such
the person has given his testimony, if such incompetency harmony and tranquility no longer apply. In
was known before the trial. If the incompetency becomes such cases, the identity of interest disappears
apparent during the trial it must be interposed as soon as and the consequent danger of perjury based on
it becomes apparent. identity of interest disappears. (The law ceases
when the reason for the law ceases)
38. Persons disqualified as witness.

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 tattoos displayed publicly, are not confidential.
Likewise, acts done in secret and hidden from the
42. Privilege communication witness are not confidential.
The following persons disqualified by reason of the rule on
privileged communications (Sec. 24, Rule 130) 44. Overheard communications between the
Generally the rule on privileged communications is used to spouses; requisites
designate any information which one derives from another a) If the receiving spouses revealed to a third
by reason of confidential relationship existing between the person, the communication ceases to be privileged;
parties. b) If the communication was heard by a third
The person deriving such information is barred from person, the rules are as follows:
divulging the information by reason of public policy such i) If the spouses were aware of the presence of the
that in the rule on evidence it is considered as third person, the communication is not confidential except
incompetent evidence. if the third person is a minor child; or stands in special
There are five (5) relationships covered by the rule on confidence to the spouses such as their agent
privileged communications. They are: ii) If the spouses are not aware, the
a) The Marital Privileged Rule which is different from communication remains confidential, but the third person
the Marital Disqualification rule; may testify to what was heard.
b) attorney-client relationship;
c) Physician and Patient relationship; The requisites in order that the rule may be
d) Priest and Penitent Relationship; and invoked by either spouse are:
e) Disqualification of public officers by reason of a) The witness is a lawfully married person, or is a
public interest. party to voidable marriage or one which enjoys the
presumption of validity;
43. Marital Privileged Disqualification Rule. b) The case is not between the witness and the
The husband or wife, during or after the latter’s spouse;
marriage, cannot be examined without the consent of the c) The subject of the testimony is a communication
other as to any communication received in confidence by made by and between the witness and the latter’s spouse;
one from the other during the marriage. The purpose is to d) The communication was made during the
encourage honesty and confidentiality betweens spouses. marriage;
The privilege can be claimed by either spouse. The e) The communication is confidential in that it
privilege matter endures even after the dissolution of the was intended to be known or heard only by
marriage. the other spouse and it was made precisely
However, acts not intended to be because of the marriage.
confidentially, such as acts within public view, or

45. Marital Disqualification rule and Marital

Privileged Disqualification Rule, distinguished.
Marital Disqualification and Marital privilege
distinguished

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 MARITAL DISQUALIFICATION MARITAL PRIVILEGE
Can be invoked only if one of the spouses is a part to the Can be claimed whether or not the spouse is a party to the
action action
Right to invoke belongs to the spouse who is a party to the Right to invoke belongs to the spouse making the
action communication
Applies only if the marriage is existing at the time the Can be claimed even after the marriage has been dissolved
testimony is offered
Constitutes a total prohibition against any testimony for or Applies only to confidential communications between spouses
against the spouse of the witness (with certain made during the marriage
exceptions)
46. A deed of sale of real estate belonging to 49. Survivorship disqualification rule or dead
the conjugal partnership was executed by the man’s statute. When applicable; when not.
husband in favor of a third person. The husband It applies to:
made it appear that his wife gave her conformity to a) Civil cases where the defendant is the executor,
the sale by falsifying the latter’s signature thereon. administrator or representative of the deceased person or
In a case of falsification filed by the buyer against person of unsound mind. But the rule will not apply to a
the husband, may the wife be disqualified to testify counter-claim against the plaintiff;
as to the falsification issue? b) The subject is a claim or demand that affects the
Wife may testify against the husband in a real or personal properties of the deceased;
criminal case for falsification, where the husband made it 1. The case must be a personal action for the
appear that the wife gave her consent to the sale of a enforcement of a debt or demand involving money
conjugal property. This is covered by the exception where judgment, or where the defendant is demanded to deliver
it is considered as a crime committed against the wife. personal property to plaintiff
2. The evidence of this claim is purely testimonial and
47. The husband was charged of homicide for the allegedly incurred prior to the death or insanity. They are
death of X. When the husband testified he declared therefore fictitious claims.
that it was in fact the wife who killed X. May the
prosecution call on the wife to rebut the testify of The rule does not apply to the following:
the husband? 1. To claims or demands which are not fictitious
If husband-accused defends himself by imputing the crime or those supported by evidence such as promissory notes,
to the wife, he is deemed to have waived all objections to contracts, or undertakings, including the testimony of
the wife’s testimony against him. The wife may therefore disinterested witnesses.
be validly called to testify on rebuttal. 2. Fraudulent transactions of the deceased or
insane person, as when the deceased was an illegal
DISQUALIFICATION BY REASON OF THE DEATH recruiter or that he absconded with money entrusted to
OR INSANITY OF THE ADVERSE PARTY. him
(Otherwise known as “Dead Man’s Statute) 3. To mere witnesses
“Parties, or assignors of parties to a case, or 4. Stockholders/members of a juridical entity
persons in whose behalf a case is prosecuted testifying in cases filed by the juridical entity
against an executor, administrator or 5. Claims favorable to the estate.
representative of a deceased person, or against a
person of unsound mind, upon a claim or demand… DISQUALIFICATION BY REASON OF
cannot testify as to any matter of fact occurring PRIVILEGED COMMUNICATIONS
before the death of the deceased person or before (SEC. 24, RULE 130)
such person became of unsound mind.”(Sec. 23,
Rule 130)This is the so-called Survivorship 50. State the sources of privileged
Disqualification Rule or Dead Man’s Statute. .. communications.
The sources of privileged communications are:
48. Survivorship Disqualification Rule. 1. Those enumerated under Section 24 of
The disqualification is merely relative. It is based Rule 130 of the Revised Rules of Court.
on what the witness is to testify on. The rule maybe 2. Those declared as privileged by specific
waived expressly or by failure to object or by introducing provision of a law (Statutory Privileged Communications).
evidence on the prohibited matter. 3. Those declared as such by Privilege
The purposes are: Communications by Jurisprudence.
(i) To put the parties on equal footing or equal
terms as to the opportunity to give testimony. ”If death 51. Distinctions between privilege and
has closed the lips of the defendant, then the law closes incompetency.
the lips of the plaintiff”; 1. A privilege is a rule of law which excuses a witness from
(ii) To guard against the giving of false testifying on a particular matter which he would otherwise
testimony. be compelled to reveal and testify on. It is a legal excuse
to prevent the witness from revealing certain data. The
witness may claim this excuse.

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 2. An incompetency is a ground for disqualification which
may be invoked by the opposing party to prevent a person 56. What is included in the term
from being presented as a witness. “communication”?
3. Thus a person maybe competent as a witness but he The term communication may include any but
may invoke a privilege and refuse to testify on a certain not limited to any of the following:
fact. a) Any data or information supplied by the client
personally or through confidential agents, either to the
52. Purpose of the rule on privileged lawyer or to the lawyer’s employees. This may have been
communications. supplied through any form of oral or written
The purpose of a privilege is to protect the communication.
confidentiality or privacy of certain relationships. They are b) All documents, objects or thing delivered to
usually based on public policy which recognizes that the the lawyer except those the existence and/or contents of
protection of certain relationship is more paramount than which are or maybe known. Titles to land, contracts,
the testimony of the witness. The privilege may be reply-communications, bank pass books, dishonored
asserted by the person for whose benefit the privilege was checks, cannot be considered as confidential.
granted personally, or through a representative, or it may c) Acts or conduct by the client, such as physical
be claimed for him by the court. demonstration of actions or events, or giving a sample of
his handwriting to show he is not the falsifier.
The RULE: “An attorney cannot, without d) The advice given by the lawyer to the client
the consent of his client, be examined as to any orally or though any mode of written communication.
communication made by the client to him, or his e) The identity of the client. As a matter of public
advice given thereon in the course of, or with a policy a lawyer may not invoke the privilege and refuse to
view to, professional employment, nor can an divulge the name or identity of the client except in the
attorney’s secretary, stenographer, or clerk be situation when the client’s name has an independent
examined, without the consent of the client and his significance such that disclosure would reveal the client’s
employer, concerning any fact the knowledge of confidences.
which has been acquired in such capacity” (Sec.
24(b) 57. As a General Rule, a lawyer may not invoke
the privilege when it refers to the identity of
53. State the reason of the rule regarding the the client; state the exceptions, if any.
attorney-client privilege. General Rule: Lawyer may not invoke the
The rule is grounded on public policy and the proper privilege and refuse to divulge the name of his client.
administration of justice. It is to encourage clients to make Exceptions:
a full disclosure of all facts relative to a problem for which i. If there is a probability that the revealing the
he sought the professional services of a lawyer, without client’s name would implicate the client to
fear or reservation that these facts will later be revealed the activity for which he sought the lawyer’s
especially if the nature of the facts are such that they advice;
might adversely affect his rights, property or reputation. ii. The disclosure would open the client to civil
This is to inspire confidence and thus it is also to liability;
enable the lawyer to give the appropriate advice or to iii. Where the identity is intended to be
undertake such action that will best serve the interest of confidential.(Regala vs. Sandiganbayan:
the client. 262 SCRA 122)

54. State the requirements in order that the 58. What is the so-called “work product doctrine”
privilege may be invoked. regarding the attorney-client privilege?
The requirements are: The doctrine simply means that the pleadings
a. There is an attorney-client relationship; prepared by the lawyer or his private files containing facts
b. There is a communication made by the client to and data obtained by him or resulting from his own
the attorney; investigation or by any investigator hired by him; and/or
c. Such communication was made in the course of, his impressions or conclusions whether reduced in writing
or with a view to, professional employment; or not, about the client or the clients cause. A lawyer may
● Extends to attorney’s secretary, not testify that his client, charged with theft of silver
stenographer or clerk; requires consent of coins, paid him with silver coins.
both employer and the client to testify as to
matters learned in their professional capacity 59. What communications are not covered by the
privilege in which case, the lawyer may divulge
55. State the exceptions to the above rule. the same?
The exceptions to the rule are as follows: The following communications are not covered
i. Actions brought by client against his attorney and the lawyer may reveal them:
ii. Communications made in presence of third a) Those intended to be made public;
persons b) Or intended to be communicated to a third
iii. Communications regarding an intended person;
crime
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 c) Intended for an unlawful purpose or for a 61. Requisites in order that the privilege can be
future crime or act; invoked by the person affected by the
d) Received from a third person not acting in testimony.
behalf or as agent of the client; In order that the privilege can be invoked the
e) Those made in the presence of third following requisites must be present, to wit:
persons; a) The witness is a priest or minister or similar
f) Those which are irrelevant; religious personality;
g) The effects of a crime as well as weapons or b) The witness received the confession of a penitent;
instruments of a crime. c) The confession must have been made to the
h) Opinions on abstract questions or priest/minister in his professional character in the course
hypothetical questions of law of the discipline of the church to which the priest/minister
NOTE: The Privilege is not confined to verbal or belongs;
written communications made by the client to the d) The confession must be confidential and penitent
lawyer, but it extends to all information in character.
communicated by the client to the attorney by
other means, such as when the attorney is called to 62. What is the general concept and purpose of
witness the preparation of a document. The the privilege?
duration of the privilege is perpetual. It continues The privilege is often referred to as the “seal of
to exist even after the termination of the attorney- the confessional”. A priest or minister or similar religious
client relationship. person cannot be compelled to testify and divulge matters
which were revealed to him by way of a confession. The
Physician-Patient Relationship purpose is in recognition of religious freedom and to
RULE: A person authorized to practice medicine, protect the practice of making confessions.
surgery or obstetrics cannot in a civil case, without
the consent of the patient, be examined as to any PUBLIC OFFICER’S PRIVILEGE
advice or treatment given by him or any RULE: A public officer cannot be examined during
information which he may have acquired in his term of office or afterwards, as to
attending such patient in a professional capacity, communications made to him in official confidence,
which information was necessary to enable him to when the court finds that the public interest would
act in that capacity, and which would blacken the suffer by the disclosure. (Sec. 24(e)
reputation of the patient. (Sec. 24(c)
63. State the nature and purpose of the privilege.
60. State the requisites before the foregoing rule The privilege is based on public policy and public
may be invoked by the patient. interest. The purpose of the privilege is to encourage
Requisites for Physician-Patient privilege are as citizens to reveal their knowledge about the commission of
follows: (CRANB) crimes; the protection of legitimate police operations
a. The action is a Civil case; against criminality and that of the safety of the informant
b. The Relation of physician-patient existed; and his family.
c. The information was Acquired by the physician
while attending to the patient in his professional 64. State the requisites for the privilege.
capacity; a) There must be a confidential official communication.
d. The information was Necessary for the b) The communication must have been made to a
performance of his professional duty; and public officer.
e. The disclosure of the information would tend to c) The disclosure would affect public interest.
Blacken the character of the patient;
● A patient’s husband is not prohibited from 65. What is included in the term “official
testifying on a report prepared by his wife’s communication”? Public Officer?
psychiatrist since he is not the treating The term includes: -
physician (although it would be hearsay) 1. All information concerning the circumstances
● A physician is not prohibited from giving of the commission of a crime such as the identity of the
expert testimony in response to a strictly criminals, their whereabouts, their accomplices, the date,
hypothetical question in a lawsuit involving time and place of commission, their modus operandi
the physical or mental condition of a patient 2. The identity of the recipient of the
he has treated professionally. communication e.g. the undercover agent or handler; as
well as the identity of the informant and official
PRIEST/MINISTER- PENITENT PRIVILEGE documents of diplomatic officials, ambassadors and
RULE: A minister or priest cannot, without the consent consuls.
of the person making the confession, be examined The public officer refers to those whose duty
as to any confession made to or any advice given involves the investigation or prosecution of public wrongs
by him in his professional character in the course or violations of laws. They pertain mostly to law
of discipline enjoined by the church to which the enforcement agents and prosecutors, as well as those in
minister or priest belongs.(Sec. 24 (d) charge of the enforcement of the law violated.

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66. Aside from the foregoing restrictions are their the fulfillment of the unique role and responsibilities of the
statutory restrictions? executive or those instances where exemption from
The answer is yes. There are laws that prohibit disclosure is necessary to the discharge of highly
the disclosure of certain acts which may be considered as important executive responsibilities. It is premised on the
privileged communications. fact that certain information must, as a matter of
Such as the following: necessity, be held confidential in pursuit of public
1. Contents of a Ballot under the Election Code interest.
2. The identity and personal circumstances of:
a) Minors who are victims of crimes under 68. State the matters that are covered by the
the Child Abuse Law Executive Privilege we also call this the
b) The records of cases involving Children Principle of Confidentiality of Executive
in Conflict with the Law under the Deliberations.
Juvenile Justice Law if: As a rule, information must be of such high
(i) The case against them has been degree as to outweigh public interest. The following are
dismissed covered:
(ii) They were acquitted or 1. State secrets regarding military, diplomatic and other
(iii) Having been convicted and having national security matters.
undergone rehabilitation, they were eventually 2. Closed Door cabinet meetings; presidential
discharged. conversations, correspondence and discussions with the
3. Trade secrets under the Intellectual cabinet and presidential advisers.
Property Law 3. Information in the investigation of crimes by law
4. Identities and whereabouts of witnesses enforcement agencies before prosecution of the accused.
under the Witness Protection Program (See the cases of Almonte vs. Vasquez (1995),
5. Identity of News Informants under R.A. 1477 Chavez vs. PCGG (1995), Chavez vs. Public Estates
(The Shield Law) Authority (2002) and Senate vs. Ermita (2006)
6. Bank Deposits under the Secrecy of Bank
Deposits law except under the following: 69. Executive Privilege; limitations
a) Upon the prior written permission of the The limitations as enunciated in the case of Senate
depositor vs. Ermita are:
b) In case of impeachment of constitutional 1. It is not absolute. The privilege is recognized only
officers in relation to certain types of information of a
c) When the deposit is the subject of the case sensitive character. A claim is valid or not
d) Upon Order of the Court depending on the ground invoked to justify it and
e) In cases involving public officers for offenses in the context in which it is made.
relation to their office or for violation of the Anti Graft and 2. A claim of privilege, being a claim of
Corrupt Practices Act exemption from an obligation to disclose information,
f) When the amount exceeds the limit set under the Anti must be clearly asserted.
Money Laundering Law 3. Only the President may personally assert it or
g) Compromise of taxes claim it through the Executive Secretary.
h) Under the Anti-Terrorism Law/Human Security Law
7. Offers and admissions during Court ADMISSIONS AND CONFESSIONS
Annexed Mediation proceedings under RA 9295.
Section 26, Rule 130. The act, declaration,
67. Concept of Executive Privilege, basis and or omission of a party as to a relevant fact maybe
purpose. given in evidence against him.
It is a power or right that the president or other
officers of the executive branch assert when they refuse 70. Admission, concept
to give congress, the courts, or private parties, Admission is the voluntary acknowledgement
information or records which have been requested or made expressly or impliedly by a party to a case or by
subpoenaed, or when they order government witnesses another by whose statement the party is bound, against
not to testify before congress. It is essentially the his interest, of the existence or truth of such fact in
exemption enjoyed by the President from disclosing dispute, material to the issue. It means that a party to a
information to congressional inquiries or the judiciary. case performed an act, made a declaration/statement
(Senate of the Philippines vs. Ermita, April 20, whether oral or written, or omitted to do something,
2006). which is contrary to his cause of action or to his defense,
It is based on the principle of separation of and which may therefore be used as evidence against
powers. It is recognized with respect to certain him.
information the confidential nature of which is crucial to
ADMISSION CO
NFESSION
71. State the distinctions: St statement of an acknowledgment of guilt or
In involves
liability acknowledg
ment of

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 guilt or
liability
M may be express or tacit M must be
express
M may be made by third persons, and in certain Can be
cases, are admissible against a party made only
by the party
himself, and
in some
cases, are
admissible
against his
co-accused

Admissions and Declarations against self-interest distinguished

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 A ADMISSIONS (SEC. 38, RULE 130) DECLARATION AGAINST INTEREST (SEC. 26)
N need not be, though will greatly enhance probative must have been made against the proprietary or
weight if made against the interest of the declarant pecuniary interest of the parties
M made by the party himself and is a primary evidence and M must have been made by a person who is either
competent though he be present in court and ready to deceased or unable to testify
testify
can be made at any time M must have been made ante litem motam
NOTE: If a justification is alleged, it is merely an admission. 77. State some statutory provisions that adopt the
⮚Right against self-incrimination applies to the re- policy of allowing compromises?
enactment of the crime by the accused The following laws embody the policy of allowing
compromises, to wit:
72. How may an admission be proved? 1. Local Government Code which established the
An admission may be proved by the testimonies of those Barangay Conciliation programs and require that certain
who heard the oral statement or to whom it was given, or cases be referred first to it for possible settlement before
who saw the act, and by presenting the written they are elevated in court;
declaration itself. 2. The Pre-Trial Conference under the Rules of
Court (Rule 18 and Rule 118) where one of the subject
73. What is a self-serving declaration? Is it matter is the possibility of the parties arriving at an
admissible in evidence? amicable settlement or where the accused is allowed to
It is declaration that is favorable to the interest plead to lesser offense;
of the declarant. It is not admissible in evidence as proof 3. The provisions of the Civil Code and Family Code
of the facts asserted. The assertion is basically hearsay in allowing for a “cooling-off” period between members of
character and not trustworthy. To allow admission in the family who are the parties involved;
evidence will promote perjury and fraud. 4. R.A. 9295 on Compulsory referral of cases for
Mediation. In Court-Annexed Mediation: this is a process
74. State the requisites of an admission by a of settling disputes with the assistance of an acceptable,
party. impartial and neutral third party called a mediator. The
The requisites for admissibility of an admission mediator helps parties identify issues and develop
whether judicial or extrajudicial are: proposals to resolve their dispute. Once the parties have
a. Involves a matter of fact, not of law arrived at a mutually acceptable arrangement, the
b. Categorical and definite agreement becomes the basis for the court’s decision on
c. Knowingly and voluntarily made, and the case.
d. Adverse to the interest of the one making the Note: In the above circumstances, an offer
admission, otherwise, the evidence becomes self- to compromise is not admissible in evidence as an
serving and inadmissible as hearsay. admission of liability or guilt if the same is not
e. It must be relevant to the fact in issue. accepted.
(Note: The evidentiary value of an admission is
two-fold, they are used either: (a) As Independent 78. State the instances when an offer to compromise
evidence to prove a fact; or (b) For purposes of may be admissible in evidence against the offeror.
impeachment. The offer to compromise is admissible in
evidence against the offeror under the following
75. What is the concept of a Compromise? circumstances:
A compromise is a contract whereby the parties, 1. When the offer contains an admission of an
by making reciprocal concessions, avoid litigation or put independent fact.
an end to one already commenced. (Article 2028 NCC). In 2. When the offer contains an admission of
civil cases an offer of compromise is not an admission of liability, such as the existence and correctness of the
any liability, and is not admissible in evidence against the amount.
one making the offer. (Sec. 27, Rule 130)
In criminal cases, except in those cases involving 79. Pedro sent a demand letter to Juan for the
quasi offenses or those allowed by law to be latter’s obligation. Juan writes back to Pedro
compromises, an offer of compromise may be received as offering to pay 30% of the obligation and the
an implied admission of guilt. (Ibid; see however Rule balance payable in three months because he will
118, Rules on Criminal Procedure re: plea bargaining) use part of his money to discharge an obligation in
favor of Maria. Thereafter Maria sues Juan for sum
76. State the reason why the law allows of money arising from an obligation. May Maria use
compromise in certain cases? in evidence the letter of Juan to Pedro to show that
It is the policy of the law to encourage the Juan is indeed indebted to her?
parties to settle their differences peacefully without need The answer is yes. This is an example of an offer
of going to the courts and in keeping with the trend to that contains an admission of an independent fact. So that
settle disputes through “alternative dispute resolutions”, if Juan denies being indebted to Maria, the latter may use
as well as to unclog the docket of the courts. the admission of Juan in his letter to Pedro. As can be

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 seen in the problem, Juan’s letter to Pedro in effect shows to their difference. A compromise is therefore allowed and
that he was indebted to Maria. maybe the basis for a dismissal of the criminal case. These
criminal cases include:
80. John and Marie entered into a contract of (i) The civil aspect of a prosecution for B.P. 22;
sale of jewelry. Thereafter John sued Marie for her (ii) The civil aspect of quasi-offenses;
failure to deliver the jewelry subject of the sale. (iii) Estafa, physical injuries, theft, crimes covered
During the pre-trial, Marie offered to deliver the by the Rules on Summary Procedure and all others which
jewelry after she has redeemed them from Don. are not expressly declared by law as not subject of
The offer was accepted by John and the case was compromise such as legal separation
dismissed. Later Marie filed a criminal case for b) Prosecutions under the NIRC
theft against Don. May Don validly use as a defense c) Genuine Offers to Marry by the accused in crimes
the admission of Marie in the civil case that was against chastity
dismissed? 2. Quasi-offenses which do not involve any criminal
The answer is yes. It must be noted that in the intent
pre-trial conference, Marie in effect admitted that the 3. Under the “Good Samaritan law” an offer to pay
possession of Don over the jewelry was legal. The fact for the medical and hospital bills and similar expenses
that Marie declared during the pre-trial that she was going occasioned by an injury. This is to encourage people to
to redeem the jewelry from Don proves that the latter did help those who need immediate medical attention and
not commit the crime against Marie. because of the possibility that the offer to help arose from
humanitarian concerns and not from guilty conscience.
81. Tony wrote a letter to Marsha asking for 4. Those made pursuant to tribal customs and traditions
the return of his money and damages for the 5. Those which were not authorized by the party or
latter’s failure to deliver the goods subject matter made in his behalf but without his consent and/or
of their agreement. Marsha promised to deliver the knowledge.
goods in a month’s time provided Tony will forego 6. Those where the party was induced by fraud or
the damages. Additionally Marsha claims that the force or intimidation
reason for the failure to make delivery was due to 7. Those which did not arise from a guilty conscience
some unforeseen events. Marsha did not comply
with her promise. Tony sues Marsha. May Tony use 84. State the rule on “res inter alios acta”.
the offer of Marsha? The rights of a party cannot be prejudiced by an
The answer is yes. It must be noted in the problem act, declaration or omission of another. (Sec. 28, Rule
that Marsha has, in effect admitted her liability to Tony by 130)
reason of her offer to make delivery and by asking for
more time to comply with her obligation. 85. State the exceptions to the rule on res
inter alios acta.
82. Liza had been renting the house of Zardo The rule on res inter alios acta is applicable when
for the past seven years. Later she received a letter the third party is a partner, an agent, co-conspirator, privy
from the latter demanding her to vacate the or joint owner or debtor or other person jointly interest
premises and to pay her unpaid rentals amounting with the party. (Sections 29-31, Rule 130)
to P200, 000. Liza wrote Zardo asking for two
months time to pay the rentals in arrears as her ADMISSION BY A CO-PARTNER OR AGENT
money from Saudi Arabia has not arrived. Lisa did SECTION 29. Admission by co-partner or
not comply in spite of the lapse of the period agent. — The act or declaration of a partner or
granted her. Zardo sued her for unlawful detainer agent of the party within the scope of his authority
and recovery of the unpaid rentals. May Zardo use and during the existence of the partnership or
Lisa’s letter in evidence to prove that the latter has agency, may be given in evidence against such
violated the lease agreement? party after the partnership or agency is shown by
The answer is yes. The letter of Lisa to Zardo evidence other than such act or declaration. The
contains an admission of her liability in favor of the latter. same rule applies to the act or declaration of a
In fact, she admitted the correctness of the amount of her joint owner, joint debtor, or other person jointly
obligation to Zardo. interested with the party. (26a)

83. State the instances where an offer of 86. Reason for the rule.
compromise in criminal actions is not considered as The admissions of a partner are received against
an implied admission of guilt. another partner on the ground that they are identified in
An offer of compromise is not an implied admission of guilt in interest and that each is an agent of the other. The
the following cases, wit: existence of the partnership must be however shown by
1. Where the law allows a compromise: evidence other than the admission of the partner and that
a) Those cases covered by the Court-Annexed such act or declaration is shown to have been made within
Mediation under R.A. 9295, where certain criminal cases the scope of the partnership.
are required to undergo the process of compulsory
mediation wherein the parties are encouraged to find 87. After the dissolution of the partnership, P,
mutually satisfactory terms and conditions to put an end one of the partners, was designated to do the

[22]
 winding up of the affairs of the partnership. May the crime committed. (People vs. Tizon, et al. G.R. No.
the act, declaration or omission of P be binding on 133228-31, 2002 Jul 30, 1st Division)
the other partners?
We have to qualify our answer. The act, Admission by Privies
declaration or omission of P may bind the other partners if Rule: SECTION 31. Admission by privies. —
his acts were done in relation to the winding up of the Where one derives title to property from another,
partnership affairs. Otherwise, the answer is no. (31 CJS the act, declaration, or omission of the latter, while
886) holding the title, in relation to the property, is
evidence against the former. (28)
88. Pedro was charged before the RTC of
Baguio for Rape. On one occasion, his lawyer filed 92. Privies, defined.
a manifestation stating that Pedro was remorseful Privies denotes not only the idea of succession in
and intoxicated when he committed the rape and right of heirship or testamentary legacy but also
he will present evidence of intoxication, lack of succession by virtue of acts inter vivos, it includes any act
intent in support of a plea of guilty. Are the whereby the successor is substituted in the place of the
manifestations conclusive upon Pedro? predecessor in interest.
The answer is no. The authority of an attorney
to bind the client as to any admissibility of fact is limited 93. Classify privies.
to matter of judicial procedure but not to admissions Privies may be classified as follows:
which operate as a waiver, surrender or destruction of the a) privies in estate, such as the relation between
client’s cause. (People vs. Hermones, March 6, 2002) donor and donee; lessor and lessee;
b) privies in representation, such as executors or
Admission by a Conspirator administrators of estate of a deceased;
Rule: SECTION 30. Admission by c) privies in blood, such as heirs to an ancestor;
conspirator. — The act or declaration of a d) privies in respect to contract;
conspirator relating to the conspiracy and during e) Privies in respect to contract and estate
its existence, may be given in evidence against the altogether.
co-conspirator after the conspiracy is shown by Note: That the reason and basis of the
evidence other than such act of declaration. (27) rule on privity is the property subject matter of the
cause and not the relation.
89. State the requisites before the admission
of a conspirator may be admitted in evidence 94. H married W2 two years after the death of
against his co-conspirators. his first wife. Several thereafter, H also died.W2
Before the act, declaration or omission of a filed a petition seeking several parcels of lands to
conspirator can be admitted in evidence, the following place under her name as sole owner. A, B, C and D,
requisites must be present: the children of H by his first wife opposed the
1. Conspiracy is properly established by petition on the ground that they have a valid
independent evidence; interest on the lands being the heirs of H. At the
2. The admission is made during the course of the trial, A, B, C and D presented evidence to the effect
conspiracy; and that the lands were acquired by purchased by H
3. The admission relates to some matter involved in the and W2, hence they are entitled to a share in the
conspiracy itself. lands. W2 presented evidence about a written
declaration of H during his lifetime that the said
90. What declarations, acts or omissions fall lands were the exclusive property of W2, the latter
within the purview of the rule? having inherited the same from her parents and
This rule applies only to extrajudicial acts or that the title to the lands were merely place in his
declarations. It does not apply to testimony given in on name as representative of W2. Is such declaration
the witness stand where the defendant has the binding against A, B, C and D?
opportunity to cross-examine the declarant. The answer is yes. This is a classic application of
the rule on admission of a privy. It is evidence that the
91. A, B, C, and D are charged for rape before declaration of H is a declaration against his interest
the RTC of Baguio City. The information contains because it was a declaration that the lands did not belong
allegations that all the accused conspired in the to the conjugal partnership not to him individually.
commission of the offense. At the arraignment, A
and B pleaded guilty. May the plea of guilty of the Admission by Silence
said accused be used in evidence against C and D? Rule-Sec. 32. Admission by Silence. — An
Generally, a confession (such as plea of guilty) is act or declaration made in the presence and
admissible against the confessant alone and is considered within the hearing or observation of a party who
as hearsay against his co-accused and a violation of the does or says nothing when the act or declaration
res inter alios acta rule. An exception is when the is such as naturally to call for action or comment
confession is to be used as a circumstantial evidence to if not true, and when proper and possible for him
show the probability of participation of said co-accused in to do so, may be given in evidence against him.
(23a)

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 writing evidence. It is generally inadmissible in evidence.
95. State the factors to be considered in order The rule is designed to preserve the right of parties to
that the rule may be made to apply. cross-examine the original witness or person claiming to
If a statement is made in the present of a have knowledge of the transaction or occurrence.
person, in regard to facts affecting his rights, and he
makes no reply, his silence may be construed as a tacit 99. What is a self-serving declaration?
admission of the acts stated depending on: It is a declaration that is favorable to the interest
a) whether he hears and understands the of the declarant and not ordinarily admissible in evidence
statement; under the hearsay rule. Entries in diaries fall within the
b) whether the truth of the facts embraced in such term unless the entries or declarations are against the
utterance is within his own knowledge; interest of the entrant.
c) whether the circumstance are such as to afford
him an opportunity to act and speak freely; and 100. X is charged of theft before the MTC of
d) whether the statement is made under Baguio. At the trial, the complainant testified that
circumstances and by such persons as naturally on the day the article stolen was recovered; the
to call for a reply. husband of the accused told him that it was the
wife of stole the article. Does the testimony fall
96. Does the rule apply to written under the hearsay rule?
communications? The answer is yes. Such testimony as to the
The answer is yes. Where two parties have husband telling the complainant is hearsay. Moreover, the
carried on correspondence in reference to a particular same evidence is also not admissible because of the
subject and one of the parties has written a letter to the marital disqualification rule.
other making statements concerning subjects, of which
the latter has knowledge, and which he would naturally 101. Dying declaration, its concept and nature.
deny if not true and he has failed to answer such letter, SECTION37. Dying declaration. The declaration of a
his omission is evidence tending to show that the dying person, made under the consciousness of an
statements in the letter sent to him are true. However, the impending death, may be received in any case
failure to reply to statement made in a letter which is not wherein his death is the subject of inquiry, as
part of a mutual correspondence is not considered implied evidence of the cause and surrounding
admission by the addressee of the truth of the statements circumstances of such death. (31 a)
made. It is that declaration made by a person as to the
97. After the prosecution rested its case in a material facts concerning the cause and circumstances
rape case, the defense presented evidence to surrounding his death and which is uttered under a fixed
negate the existence of the crime of rape by belief that death is impending and is certain to follow
declaring that the act was consensual because the without opportunity for retraction and in the absence of
accused and the victim were long time sweethearts hopes of recovery.
and that they had indulged in sexual intercourses.
The complainant did not submit any rebuttal 102. State the conditions for the admissibility of
evidence to controvert the testimony of the a dying declaration.
accused. May the failure on the complainant be The conditions for Dying Declarations to be admissible
considered as admission by silence? are:
The answer is yes. If private complainant in a a) Declaration must concern cause and surrounding
rape case fails to rebut testimonies of defense witnesses circumstances of declarant’s death;
that she and accused were sweethearts and that they had b) Declaration was made under consciousness of
previous sexual encounters, she is deemed to have impending death;
impliedly admitted the truth of the facts asserted by said c) Declaration was freely and voluntarily made;
witnesses. d) Declarant’s testimony, if alive, would have been
competent (e.g.: dying declaration would not be
TESTIMONIAL KNOWLEDGE admissible if it consisted of hearsay or of the declarant’s
SECTION 36.Testimony generally confined opinion)
to personal knowledge; hearsay excluded. -- A
witness can testify only to those facts which he 103. X was found suffering from gunshot wound
knows of his personal knowledge; that is, which on the chest. Before he was brought into the
are derived from his own perception, except as operating room, X told his wife that he was shot by
otherwise provided in these rules. (30 a) Y because of a dispute over a parcel of land. The
doctor stopped X from further talking as it would
HEARSAY RULE and Its Exceptions aggravate his situation X died on the operating
table. Are the statements of X considered ante
98. Hearsay Evidence, it nature and concept. mortem statements?
It that kind of evidence which derives its value, The answer is yes. The statement of the victim to
not solely from the credit to be given to the witness upon his wife in the presence of the doctor is considered ante
the stand, but in part from the veracity and competency of mortem statement as an exception to the hearsay rule.
some other persons. It includes not only oral but also

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 They were made by X under the consciousness of an The wife of the declarant may testify as to the same,
impending death. either for the prosecution or as a witness for the defense,
and this does not violate the marital privilege as dying
104. What is the so-called doctrine of declaration is not considered a confidential communication
completeness test regarding dying declarations? between the spouses. Statements referring to the
The application of the doctrine of completeness is antecedents of the fatal encounter or opinion,
here peculiar. The statement as offered must not be impressions, or conclusions of the declarant are not
merely a part of the whole as it was expressed by the admissible.
declarant; it must be complete as far it goes. But it is
immaterial how much of the whole affair of the death is 120-c. How do we impeach a dying declaration?
related, provided the statement includes all that the To impeach a dying declaration admitted
declarant wished or intended to include in it. Thus, if an against him the defendant is entitled to show by experts
interruption (by death or by an intruder) cuts short a the injuries sustained by the declarant were calculated to
statement which thus remains clearly less than that which derange his mental faculties.
the dying person wished to make, the fragmentary
statement is not receivable, because the intended whole is 120-d. Circumstances to be considered in giving weight
not there, and the whole might be of a very different to a dying declaration.
effect from that of the fragment; yet if the dying person The circumstances that should be taken into
finishes the statement he wishes to make, it is no consideration in determining the weight to be given to
objection that he has told only a portion of what he might dying declarations are:
have been able to tell. (People vs. Naag, G.R. No. G.R. 1. Trustworthiness of the reporters;
No. 123860, 2000 Jan 20, 2nd Division) 2. The capacity of the declarant at the time to accurately
remember the past;
3. His disposition to tell what he remembers; and
105. Pioquinto is known in the community 4. Such circumstances as may be attendant such as the
where he resides as “Paqui”. One night Pedro went fact that the declarations were the result of questions
home to his grandmother’s house. Upon entering propounded by an attorney, the presence only of friends
the house he saw his grandmother covered with and prosecuting officers, the lack of belief of the declarant
blood. Holding his grandmother Pedro asked her: in a future life, rewards and punishment, the fact that the
“Apo, apo, ano’ng nangyari?”(Apo, Apo, what statements in the dying declarations are contrary to facts
happened)Her answer was “Si Paqui”, then she satisfactorily proven by other evidence, and the fact that
died. Can the declaration be considered as ante the declaration might have been influenced by the passion
mortem declaration? of anger and vengeance, or jealousy. [People vs.
The answer is no. Even if it is not disputed that Igting, 284 SCRA 344]
"Paqui" is the nickname of appellant Pioquinto, the words
"Si Paqui" do not constitute by themselves a sensible
sentence. Those two words could have been intended to Declaration against Interest:
designate either (a) the subject of a sentence or (b) the SECTION 38. Declaration against interest.
object of a verb. If they had been intended to designate — The declaration made by a person deceased, or
the subject, we must note that no predicate was uttered 'unable to testify, against the interest of the
by the deceased. If they were designated to designate the declarant, if the fact asserted in the declaration
subject of a verb, we must note once more that no verb was at the time it was made so far contrary to
was used by the deceased. In sum, the declaration does declarant's own interest, that a reasonable man in
not comply with the completeness test of ante mortem his position would not have made the declaration
statement as a dying declaration. (People vs. Naag, unless he believed it to be true, may be received in
G.R. No. G.R. No. 123860, 2000 Jan 20, 2nd evidence against himself or his successors in
Division) interest and against third persons. (32 a)

120-a. Form of a Dying Declaration and scope thereof 106. State the theory behind the admissibility of
A dying declaration may be oral or written or made by a person’s own declaration against his pecuniary
signs which could be interpreted and testified to by a interest.
witness thereto. Dying Declarations favorable to the The theory under which declarations against
accused is admissible. interest are received in evidence notwithstanding they
Dying declaration may also be regarded as part of the res are hearsay is that the necessity of the occasion renders
gestae as they were made soon after the startling the reception of such evidence advisable and, further
occurrence without the opportunity for fabrication or that the reliability of such declaration asserts facts which
concoction. Statements which consist of mere hearsay or are against his own pecuniary or moral interest. (Parel
opinion & conclusions of the declarant are not admissible vs. Prudencio G.R. NO. 146556, 2006 Apr 19,)
as a dying declaration
107. Scope of the effect of the admissibility of
120-b. May a wife testify as to a declaration made by such kind of declaration.
the husband under such circumstance? The declaration may be received in evidence not only against
the declarant but also his successors in interest & against
3rd persons. However, the interest must have been
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existing at the time the declaration was made and that 1. Act or declaration of a person related to him, by
they should not be in violation of his constitutional rights. birth or marriage OR
(Note: the term “unable to testify” does not mean mere 2. By the reputation or tradition existing in the
absence from the jurisdiction of the court) This exception family in respect to the pedigree of such person.
contemplates a situation where the declarant is dead, (Note: The act or declaration will not be received
mentally incompetent or physically incapacitated. when better evidence is available; or The act or
declaration must have been done before the
SECTION 39.Act or declaration about pedigree. — controversy arose)
The act or declaration of a person deceased, or
unable to testify, in respect to the pedigree of 109. Requisites for admissibility of the evidence
another person related to him by birth or marriage, regarding pedigree:
may be received in evidence where it occurred 1) Declarant dead or unable to testify
before the controversy, and the relationship 2) Declarant is related to the person whose
between the two persons is shown by evidence pedigree is in question
other than such act or declaration. The word 3) Made ante litem motam
"pedigree" includes relationship, family genealogy, 4) Relationship between declarant and person
birth, marriage, death, the dates when and the whose pedigree is in question showed by
places where these facts occurred, and the names evidence other than the declaration EXCEPT if
of the relatives. It embraces also facts of family claiming from the declarant, where the
history intimately connected with pedigree. (33 a) declaration itself is sufficient
110. Requisites of family reputation or tradition
SECTION 40.Family reputation or tradition regarding pedigree
regarding pedigree. — The reputation or tradition 1) Reputation or tradition exists in family of person
existing in a family previous to the controversy, in whose pedigree is in question;
respect to the pedigree of any one of its members, 2) Reputation or tradition existed previous to the
may be received in evidence if the witness controversy;
testifying thereon be also a member of the family, 3) Witness testifying thereon is a surviving member
either by consanguinity or affinity. Entries in family of that family, by either affinity or consanguinity
bibles or other family books or charts, engravings (Note: Reputation as used in the
on rings, family portraits and the like, may be rule must be that existing in the family &
received as evidence of pedigree. (34 a) not in the community. A person’s statement
as to the date of his birth and age, as he
108. Pedigree, How proved: learned of these from his parents or
A person’s pedigree is proven: relatives, is an ante litem motam
declaration of family reputation.)
126. Distinctions between Sections 38 and 40:

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 Section 38 Section 40

--Act or declaration about PEDIGREE; --Family reputation or tradition regarding pedigree;

--Witness need not be a member of the family; --Witness is a member of the family;

--Testimony is about what declarant, dead or unable to --Testimony is about family reputation or tradition covering
testify, has said concerning the pedigree of the matters of pedigree.
declarant’s family.
SECTION 41.Common reputation. — Common part of the res gestae. So, also, statements
reputation existing previous to the controversy, accompanying an equivocal act material to the
respecting facts of public or general interest more issue, and giving it a legal significance, may be
than thirty years old, or respecting marriage or received as part of the res gestae.
moral character, may be given in evidence.
Monuments and inscriptions in public places may 131. Res Gestae, meaning and scope of:
be received as evidence of common reputation. Res gestae is a Latin phrase which literally
(35) means “things done.”
As an exception to the hearsay rule, it refers to those
127. Matters that may be established by common exclamations and statements by either the participants,
reputation. victims, or spectators to a crime immediately before,
The following may be established by common reputation: during or immediately after the commission of the crime,
1. Matters of public interest more than 30 yrs. old; when the circumstances are such that the statements
2. Matters of general interest more than 30 years old; were made as spontaneous reactions or utterances
◙ respecting marriage or moral character and inspired by the excitement of the occasion, and there was
related facts no opportunity for the declarant to deliberate and
◙ Individual moral character fabricate a false statement (Capila vs. People, G.R. No.
146161, 2006 Jul 17)
128. Requisites of Common Reputation.
1) Facts to which the reputation refers are of public or 132. Reason for the rule for its admissibility
general interest The reason for the rule is human experience. It
2) Reputation is ancient (or more than 30 years old) has been shown that under certain external circumstances
(Note: HOWEVER, if the reputation concerns of physical or mental shock, the state of nervous
marriage or moral character, the requisite that the excitement which occurs in a spectator may produce a
reputation must be ancient does NOT apply) spontaneous and sincere response to the actual
3) Reputation must have been formed among a class of sensations and perceptions produced by the external
persons who were in a position to have some sources of shock.
information and to contribute intelligently to the As the statements or utterances are made under the
formation of the opinion immediate and uncontrolled domination of the senses,
4) Reputation must exist ante litem motam rather than reason and reflection, such statements or
utterances may be taken as expressing the real belief of
129. Common reputation, defined: the speaker as to the facts he just observed. The
It is the definite opinion of the community in which the spontaneity of the declaration is such that the declaration
fact to be prove is known or exists. It means the general itself may be regarded as the event speaking through the
or substantially undivided reputation, as distinguished declarant rather than the declarant speaking for himself.
from a partial or qualified one, although it need not be (Capila vs. People, G.R. No. 146161, 2006 Jul 17)
unanimous. As a general rule, the reputation of person
should be that existing in the place of his residence; it 133. Reasons for admission:
may also be that existing in the place where he is best For the admission of the res gestae in evidence, the following
known. requisites must be met:
(1) that the principal act or the res gestae be a
130. Evidence of Negative Good Repute, meaning of startling occurrence;
Where the foundation proof shows that the witness was in (2) the statement is spontaneous or was made
such position that he would have heard reports derogatory before the declarant had time to contrive or devise, and
to one’s character, the reputation testimony may be the statement is made during the occurrence or
predicated on the absence of reports of bad reputation or immediately or subsequent thereto; and
on the fact that the witness had heard nothing against the (3) the statement made must concern the
person. occurrence in question and its immediately attending
circumstances. (Capila vs. People, G.R. No. 146161,
SECTION 42. Part of the res gestae. — 2006 Jul 17)
Statements made by a person while a startling
occurrence is taking place or immediately prior or 134. Types of Res Gestae:
subsequent thereto with respect to the The two types of Res gestae are:
circumstances thereof, may be given in evidence as
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 1. Statements made by a person while a startling 2) Place where statement was made
occurrence is taking place or immediately prior or 3) Condition of the declarant when he made the
subsequent thereto with respect to the circumstances statement
thereof (SPONTANEOUS STATEMENTS) 4) Presence or absence of intervening occurrences
2. Statements accompanying an equivocal act between the occurrence and the statement
material to the issue, and giving it a legal significance 5) Nature and circumstances of the statement
(VERBAL ACTS). itself

135. Requisites of Admissibility of SPONTANEOUS 137. Requisites for admissibility of VERBAL ACTS:
STATEMENTS: 1. The act or occurrence characterized must be equivocal
1. There must be a startling occurrence; 2. Verbal acts must characterize or explain the equivocal
2. The statement must relate to the circumstances of act
the starling occurrence 3. Equivocal act must be relevant(independently material) to
3. The statement must be spontaneous the issue
136. Factors to be considered to determine 4. Verbal acts must be contemporaneous
spontaniety of statement: with(accompany) the equivocal act
1) Time that elapsed between occurrence and the
making of the statement

138. Distinctions between: 141. Requisites of:

VERBAL ACTS SPONTANEOUS STATEMENTS
e is the equivocal act the res gestae is the startling occurrence
must be contemporaneous with or muststatements be may be made prior, while or immediately
y the equivocal act after the startling occurrence

139. Distinctions between :Res gestae and Dying

Declarations distinguished:
RES GESTAE DYING DECLARATIONS
ment of the killer himself after or during the Can be made only by the victim
or that of a third person (e.g., victim,
der)
ment may precede, accompany or be made Made only after the homicidal attack has been
he homicidal act was committed committed
ed by the spontaneity of the statement Trustworthiness is based upon its being given under
awareness of impending death

SECTION 43.Entries in the course of

business. — Entries made at, or near the time of
the 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. (37 a)
SECTION 44.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. (38)

140. Distinction between:

ENTRIES IN THE COURSE OF BUSINESS AND ENTRIES IN OFFICIAL
RECORDS
ENTRIES IN THE COURSE OF BUSINESS ENTRIES IN OFFICIAL RECORDS
hat entrant made the entries pursuant to a entrant is a public officer in performance of duty, or
ither legal, contractual, moral or religious, or if a private individual, must have acted pursuant to a
regular course of business or duty specific legal duty (specially enjoined by law)
n who made such entries must be dead or there is no such requirement for admissibility, precisely
to testify because the officer is excused

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 ENTRIES IN THE COURSE OF BUSINESS ENTRIES IN OFFICIAL RECORDS
a. 1. Entrant is deceased or unable to testify a. Entry was made by public officer of the
b. Entries made at or near the time of the Philippines or by a person especially
transaction to which they relate enjoined by law to make such entry
c. Entries made by entrant in his professional b. Entry was made in the performance of
capacity or in the performance of a duty entrant’s duty
d. Entries were made in the ordinary or c. Entrant must have been in a position to
regular course of business know the facts therein stated
e. Entrant must have been in a position to ● Baptismal certificates or parochial
know the facts therein stated records are not public or official
(see the case of Heirs of Conti vs. CA - records and are not proof of
baptismal certificates are admissible as relationship or filiation of the child
entries in the ordinary course of business, baptized.
even absent the testimony of the officiating
priest or official recorder

SECTION 45. Commercial lists ● The testimony of a witness at a former case or

and the like. — Evidence of statements of proceeding may always be presented in a
matters of interest, to persons engaged in subsequent case or proceeding for the purpose
an occupation contained in a list, register, of impeaching his credibility.
periodical, or other published compilation ● It is not essential that there should be a
is admissible as tending to prove the truth physical identity of the parties.
of any relevant matter so stated if that a substantial identity is sufficient
compilation is published for use by persons
engaged in that occupation and is 143. Are testimonies given before a legislative
generally used and relied upon by them hearing or a committee of the legislature
therein. (39) admissible under this rule?
SECTION 46. Learned treatises. — A Testimony given before a legislative
published treatise, periodical or pamphlet on a committee is not admissible. The rules on evidence are
subject of history, law, science or art is admissible not binding and applicable on the said committees.
as tending to prove the truth of a matter stated In addition to the exceptions to the hearsay rule,
therein if the court takes judicial notice, or a the SC by virtue of Adm. Matter No. 004-07-SC that took
witness expert in the subject testifies. that the effect on Dec. 15, 2000 known as the
writer of the statement in the treatise, periodical
or pamphlet is recognized in his profession or Rule on Examination of Child Witness, the
calling as expert in the subject. (40 a) following are the highlights:
SECTION 47. Testimony or deposition at ● A statement made by a child describing any act
a former proceeding. — The testimony or or attempted act of child abuse NOT otherwise
deposition of a witness deceased or unable to admissible under the hearsay rule, may be
testify, given in a former case or proceeding, admitted in evidence in any criminal or non-
judicial or administrative, involving the same criminal proceeding subject to the following
parties and subject matter, may be given in rules:
evidence against the adverse party who had the a. Before such statement may be admitted, its
opportunity to cross-examine him. (41 a) proponent shall make known to the adverse
party the intention to offer such statement
142. Requisites of Testimony or Deposition in former and its particulars to allow him an
proceeding opportunity to object.
a. Witness whose testimony is offered is dead or a. If the child is available
unable to testify The court shall require the child to be present at
b. Party against whom the evidence is offered, or the presentation of the hearsay statement for
his privy, was a party to the former case or cross-examination by the adverse party.
proceeding, judicial or administrative b. If the child is unavailable
c. Testimony or deposition relates to the same The fact of such circumstance must be proved by
subject matter the proponent.
d. Adverse party had opportunity to cross-examine b. In ruling on the admissibility of such hearsay
● Testimony given during preliminary investigation statement, the court shall consider the time,
where the defense had the opportunity to cross- content and circumstances thereof which provide
examine the unavailable witness is admissible in sufficient indicia of reliability. It shall consider
the criminal case. Actual cross examination of the the following factors:
witness at the former proceeding is not a i. Whether there is a motive to lie
prerequisite to admissibility. It is enough that ii. The general character of the declarant
there was opportunity to cross examine. child
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 iii. Whether more than one person heard profession or calling to which the subject matter
the statement of the inquiry relates.
iv. Whether the statement was ►He must further show that he
spontaneous possesses special knowledge to the question on
v. The timing of the statement and the which he proposes to express an opinion.
relationship between the declarant child
and witness. 2) REQUISITES – opinion of expert witness.
vi. Cross-examination could not show the 1.The subject matter under examination requires the
lack of knowledge of the declarant child. aid of knowledge or experience of experts on
vii. The possibility of faulty recollection of such field.
the declarant child; 2. The expert witness must be qualified
viii. The circumstances surrounding the 3. The subject matter is put in issue.
statement are such that there is no
reason to suppose the declarant child 145. Is the testimony of an expert witness conclusive
misrepresented the involvement of the upon the courts?
accused. The testimony of expert witnesses, although
c. The child witness shall be considered unavailable in meriting attention, is not conclusive upon the
the following situations: courts, BUT is to be weighed and its probative
a) Is deceased, suffers from physical value determined in connection with other proofs
infirmity, lack of memory, mental illness or will be adduced. The opinion is merely advisory in
exposed to severe psychological injury; character.
b) Is absent from the hearing and the
proponent of his statement has been unable to 146. May the opinion of an ordinary witness be
procure his attendance by process or other admissible in evidence?
reasonable means. The opinion of an ordinary witness may be
d. When the child witness is unavailable, his hearsay admissible in evidence under the following
testimony shall be admitted only if corroborated by circumstances:
other admissible evidence. a. Identity of person about whom he has
adequate knowledge
OPINION RULE b. Handwriting, if with sufficient familiarity
(Section 48. Rule 130) c. Mental sanity, if sufficiently acquainted
d. Impressions on emotion, behavior,
144. General on Opinion Evidence. condition or appearance which he has
A witness can testify only as to facts & it is left to the observed
courts to draw inference & conclusions & to form opinions e. Ordinary matters common to all men of
from the facts to which the witness testified. Opinion common perception
testimony involving questions of law or the ultimate fact in
issue is not admissible. As a rule the opinion of a witness
is not admissible. This rule admits the following CHARACTER EVIDENCE
exceptions, to wit:
EXCEPTIONS: 147. General rule on the admissibility of
1. On a matter requiring SPECIAL knowledge, skill, character evidence.
experience or training which he is shown to possess – Sec. 51, Rule 130 expressly provides that
EXPERT WITNESS (Sec. 49); evidence of character is generally not admissible in
2. The identity of a person about whom he has evidence. Character evidence is confined to the general
adequate knowledge (Sec. 50[a]); reputation the person sustains in his community in which
3. A handwriting with which he has sufficient he is known and also in his place of work
familiarity (Sec. 50 [b]);
4. The mental sanity of a person with whom he is
sufficiently acquainted (Sec. 50 [c]); 148. State the exceptions to the general rule.
5. The witness’ impressions of the emotion, a) In CRIMINAL CASES:
behavior, condition or appearance of a person (Sec. ● Accused may prove his good moral
50 [d]);. character which is pertinent to the moral
trait involved in the offense charge.
OPINION OF A WITNESS ● The prosecution may not prove bad moral
character of the accused unless in
1) EXPERT – special knowledge, skill experience or rebuttal when the latter opens the issue
training by introducing evidence of his Good
a. The matter to be testified to is one that requires moral character.
expertise ● As to the offended party, his good or bad
b. The witness has been qualified as an expert moral character may be proved as long
►It is not enough that a witness who is as it tends to establish the probability or
being presented as an expert belongs to the improbability of the offense charged.

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 (Note: Character is never an issue in a criminal criminal cases, the prosecution has the burden of
case UNLESS the accused elects to make it one. proof.
Only after he has introduced evidence of his 🡪 Does not shift; remains on party upon whom it is
good character may the prosecution rebut but imposed
such claims by introducing evidence of his bad Determined by pleadings filed by party
character. When character evidence is
introduced into a criminal case it must be 151. Effect of the Legal presumptions on the
limited to the traits and characteristics burden of proof.
involved in the type of offense charged.) Effect of a legal presumption on Burden of Proof:
The effect is to create the necessity of presenting
b) In CIVIL CASES: evidence to meet the prima facie case created by the
►The moral character of either party presumption; and if no proof to the contrary is
thereto cannot be proved unless it is pertinent to the offered, the presumption will prevail. The legal
issue of character involved in the case. presumption does not shift the burden of proof.
The burden of proof remains where it is, but by the
c) AS TO WITNESSES: presumption, the one who has the burden is relieved,
Both criminal and civil - the bad moral character of a for the timebeing, from producing evidence in suuport
witness may always be proved by either party (Sec. of his averment, because the presumption stands in
11, Rule 132) but not evidence of his good moral place of evidence.
character, unless it has been impeached. (Sec. 14)
152. Degree of proof required in the
prosecution of actions.
149. In sum, the following rules are to be The degree of proof that satisfies the burden of proof
applied in proving character: depends upon the nature of the action, in—
1. Personal Opinion as to the moral character of A. CIVIL CASES
the accused- EXCLUDED > Preponderance of evidence
2. Reputation in the community-ADMISSIBLE
3. Specific conduct of the party exhibiting B. CRIMINAL CASES
character- EXCLUDED To sustain conviction-Evidence of guilt beyond reasonable
doubt
RULE 131 Preliminary investigation-Engender a well founded belief of
BURDEN OF PROOF AND PRESUMPTIONS the fact of the commission of a crime.
150. Burden of proof, concept of: Issuance of warrant of arrest- Probable cause, i.e. that there
BURDEN OF PROOF or RISK OF NON-PERSUASION is the is reasonable ground to believe that the accused has
duty of a party to present evidence on the facts in issue committed an offense.
necessary to establish his claim or defense by the amount
of evidence required by law. It is the obligation imposed 153. The principle on equiponderance of evidence:
upon a party who alleges the existence of facts necessary The rule simply means that the party having the
for the prosecution of his action or defense to establish burden of proof must rely on the strength of its own
the same by the requisite presentation of evidence. evidence and not on the weakness of the evidence of the
🡪 In civil cases, it is on the party who would be other party. When there is equiponderance of evidence or
defeated if no evidence is given on either side; in when after the parties have presented their evidence the
same stands on the balance, judgment must be rendered
against the party having the burden of proof.
asserts an affirmative allegation. Burden of
154. Distinctions between: evidence shifts to one party when the other has
BURDEN OF PROOF BURDEN OF EVIDENCE produced sufficient evidence to be entitled as a
t matter
Shifts from party to party depending upon of lawofto a ruling in his favor. It is
the exigencies
the case in the course of the trial; determined by:
ermined by the pleadings filed by the party Generally determined by the developments🡪Determined
of the trial, or by
by developments at trial or by
the provisions of substantive law or provisions
proceduralofruleslaw (presumptions, judicial notice,
admissions;
which may relieve the party from presenting evidence on
the facts alleged. 🡪 In criminal cases, a negative fact must be
proven if it is an essential element of the crime.
Note: BURDEN OF EVIDENCE—in both civil and criminal
cases, the burden of evidence lies on the party who
155. Presumptions may either be: (2) presumption juris or law.(those which the law
Kinds of Presumptions: requires to be drawn from the existence of established
(1) presumption huminis or what we call facts in the absence of contrary evidence. Presumption
presumption of fact;(they are those on the experience of juris or law is divided into conclusive and disputable
mankind has shown to be valid and founded on general presumptions.
knowledge and information
156. Concept of presumptions of fact.
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This refers to presumptions or those matters that attaches (ii) reliance in good faith upon the conduct
probative value to specific facts or directs that an of the other party and
inference be drawn as to the existence of a fact, not (iii) the action or inaction resulted to his
actually known or established. damage or injury

157. Purpose of: 2. Estoppel Against a Tenant: the tenant is not

The purpose of this kind of presumption is to aid permitted to deny title of his landlord at the time of the
the parties in the presentation of their respective cause. It commencement of the relation of landlord and tenant
may take the place of evidence relating to certain matters. between them.
It may stand as evidence of fact it remains not rebutted. Note: Estoppel in General: a principle which
It rests on ascertained facts and not on assumptions, bars a person from denying or asserting anything to the
probabilities or inferences. contrary of that which has been established as the truth
arising from his own acts or representations. It may be:
158. Evidentiary value of presumptions, (1). Estoppel in Pais or equity
1. Presumptions cannot substitute for evidence. (2).By deed i.e. document and
They are to be indulged in only when there is no evidence (3). By Record or Judgment i.e. those found and
as to the fact in issue or there is great difficulty in established as true by a court of competent jurisdiction
obtaining direct evidence of the fact in issue
2. Once there is evidence of the fact in issue, the Presentation of Evidence
presumption ceases Rule 132
3. The role and importance of presumptions is to
relieve a party of the difficulty of complying with the 161. Principle of Use Immunity and Transactional
burden of proof. Immunity (Witnesses)
1. Use immunity
159. Rule in case of conflicting presumptions: ● Prohibits use of the witness' compelled
In case of Conflicting Presumptions or whenever testimony and its fruits in any manner in
several presumptions arise from the same set of facts, the connection with the criminal prosecution
rule is: (1) that which has the weightier reason prevails of the witness;
otherwise all will be considered as equal and therefore all ● Where the statute grants only use
will be disregarded;(2) Constitutional prevails over immunity, merely testifying and/or
statutory presumptions. producing evidence does not render the
When there is a presumption of law, the onus witness immune from prosecution
probandi (burden of proof) generally imposed upon the despite his invocation of the right
State, is now shifted to the party against whom the against self-incrimination;
inference is made to adduce satisfactory evidence to 2. Transactional immunity
rebut the presumption and hence, to demolish the prima ● Grants immunity to the witness from prosecution
facie case. Such prima facie evidence, if unexplained or for an offense to which his compelled testimony
uncontroverted, can counter balance the presumption of related;
innocence to warrant a conviction ( Wa-acon vs. PP)
162. Rights and duties of a witnesses:
160. The conclusive presumptions: ⮚ To be protected from irrelevant,
The following are instances of conclusive improper, or insulting questions, and
presumptions . from harsh or insulting demeanor;
1. Estoppel in Pais: whenever a party has, ⮚ Not to be detained longer than the
by his own declaration, act or omission, intentionally and interests of justice require;
deliberately led another to believe a particular thing to be ⮚ Not to be examined except only as to
true, and to act upon such belief, he cannot in any matters pertinent to the issue;
litigation arising out of such declaration, act or omission, ⮚ Not to give an answer which will tend to
be permitted to falsify it. subject him to a penalty for an offense
unless otherwise provided by law;
Requisites of this kind of estoppel are: ⮚ Not to give an answer which will tend to
a). As to the party estopped: degrade his reputation, unless it be to
(i). a conduct amounting to false the very fact at issue or to a fact from
representation or concealment of material facts which the fact in issue would be
(ii). an intention that the conduct be acted presumed. But a witness must answer
upon or that it will influence the other party and to the fact of his previous final
(iii) knowledge of the true facts conviction for an offense.

b). As to the party claiming estoppel: 163. How examination of a witness done.
(i) an absolute lack of knowledge or of the The examination of witnesses presented
means of knowledge as to the true facts, not lack in a trial or hearing shall be done in open
of diligence court and under oath or affirmation. Unless
the witness is incapacitated to speak, or the

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 question calls for a different mode of answer,
the answers of the witness shall be given (2) Impeaching own witness
orally. It is usually given orally, in open court. General Rule: Party not allowed to
Therefore, generally the testimonies of impeach own witness
witness cannot be presented in affidavit. One Exceptions:
instance when the testimonies of witnesses a. Unwilling or adverse witness so declared by
may be given in affidavits is under the rule on the court
summary procedure. b. Witness who is also an adverse party
c. Witnesses required by law (e.g., subscribing
164. Purpose of the rule requiring testimony witnesses to a will)
in open court. May be impeached in all respects as if
The purpose is to enable the court to judge the called by other party, EXCEPT by evidence of
credibility of the witness by the witness’ manner of bad moral character
testifying their intelligence and their appearance. Thus,
the testimony cannot be considered as self-serving 169. Laying the predicate for impeachment.
because the adverse party is given the opportunity to Laying the predicate in impeachment of
cross-examine and be heard. witnesses:
Before a witness can be impeached by
evidence that he has made inconsistent
165. Leading questions, when allowed: statements at other times with his present
● On cross statement, the testimony must be related to him
● On preliminary matters with the circumstances of the times and place
● Difficulty in getting direct and and persons present and he must be asked
intelligible answers whether he made such statements and must be
● Unwilling or hostile witness allowed to explain such inconsistency.
● Adverse party or an officer, director Laying the foundation if the inconsistent
or a corporation or partnership statement was in writing:
which is an adverse party; The witness sought to be impeached
must be shown and allowed to examine the
166. Effect of non-objection to a misleading document subject of the examination for
question. impeachment. Thereafter he is asked if he made
A misleading question, though not such statement.
objected to, will not be evidence of the fact Exception:
assumed by the improper question; a) dying declarations are admissible by
reason of necessity;
167. Effect when a party offers the testimony b) declaration as to attesting witnesses
of a witness. regarding the declaration of the
One who voluntarily offers a witness’ deceased;
testimony is bound by such ( i.e. cannot impeach
or contradict), except: 170. Effect of death of a witness before cross-
⮚ Hostile witness examination.
⮚ Adverse party or rep. of Effect when a witness dies before cross-
adverse party examination:
⮚ Not voluntarily offered but When a witness who is partly cross-
required by law (e.g., examined dies, his direct examination cannot
subscribing witnesses to a be expunged from the record.
will)

168. Impeaching a witness. 171. Requisites of:

(1)Impeaching witness of adverse party Revival of present memory:
a. Contradictory evidence from testimony Memorandum has been written by him or under
in same case his direction; and
b. Evidence of prior inconsistent statement Written immediately thereafter; or;
c. Evidence of bad character/general At any other time when the fact was fresh in his
reputation for truth, honesty, integrity memory and he knew that the same was correctly
d. Evidence of bias, interest, prejudice or recorded;
incompetence;
e. Evidence showing impossibility or Revival of Past Recollection
improbability of his testimony; Witness retains no recollection of the particular
f. Evidence showing that the testimony is facts;
opposed to physical and natural facts But he is able to swear that the record or writing
and laws. correctly stated the transaction when made.
172. Distinctions between:

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 Revival of present memory and Revival of past involved
recollection Entitled to greater weight Entitled to lesser weight
ECOLLECTION REVIVED PAST RECOLLECTION RECORDED
he witness remembers the facts regarding his Applies where the witness does not recall the facts
of the court, indicating that the documents were part
OFFER AND OBJECTION of the prosecution’s evidence. Two requisites must
Offer of Oral evidence: concur (People vs. Napta)
It is defined as a proposal made to the court by counsel, a. The document must have been duly
at the trial of a cause to put in as evidence the testimony identified by testimony duly recorded.
of witnesses on matters relevant to the issue under b. The document must have been incorporated
inquiry. It is usually done before the witness start giving to the records of the case.
his testimony.
Note:
Offer of documentary or object evidence: The evidence to be offered may either be oral,
A party offering a document, instrument or object as documentary or object evidence.
evidence during the course of the trial, must specify the Oral evidence may be offered by the proponent
purpose for which the document or instrument is offered; before the witness starts with the direct testimony. The
he must describe and identify the document or instrument purpose of his testimony is made also before the direct
and he must offer it as an exhibit. A document, instrument testimony.
or object for identification is not considered evidence Documentary evidence as well as object evidence
unless formally offered; and the opposing party has been may be offered during the course of the proceeding. The
given the opportunity to object or to cross-examine any proponent must specify the purpose for which the
witness called to prove or identify it. document or object is offered. By way of aside, the
description and identity of such document or object must
Evidence that has not been formally offered in the trial also be done and offered as an exhibit.
court cannot be considered by the appellate court.
173. Evidence formally introduced by party
Court cannot consider evidence not formally cannot be unilaterally withdrawn.
offered. A party who has introduced evidence is not entitled
The court shall consider no evidence which has as matter of right to withdraw it in finding that it does not
not been formally offered. The purpose for which the answer his purpose; BUT he may withdraw an offer of an
evidence is offered must be specified. exhibit any time before the court has passed on its
Exception: If there was repeated reference thereto in admissibility.
the course of the trial by adverse party’s counsel and
examination of a witness become rea
174. Time to: Offer of evidence in writing Shall be ob
OFFER TIME TO OBJECT offer unles
Offered orally Made immediately after the offer is made court.
Question propounded in the course of the oral Shall be made as soon as the grounds thereof shall
176. Motion to strike out improper.
175. Motion to strike out answer, when a. A party cannot insist that competent and relevant
proper. evidence be stricken out for reasons going to his
a) When the witness answered the question before weight, sufficiency or credibility
the counsel has a chance to object b. One cannot move to strike it out because it proves
b) Where a question which is not objectionable may unfavorable to him
be followed by an objectionable unresponsive
answer 177. Remedy when admissible evidence is
c) Where a witness has volunteered statements in improperly excluded by the court.
such a way that the party has not been able to If court improperly excludes otherwise admissible
object thereto evidence, remedy is to tender the excluded evidence, also
d) Where a witness testifies without a question known as offer of proof:
being addressed to him 1. Documentary – by attaching the document
e) Where a witness testifies beyond the ruling of the or making it part of the record;
court prescribing the limits within which he may 2. Testimonial – by stating the personal
answer circumstances of witness and the substance
f) When a witness dies or becomes incapacitated to of proposed testimony
testify and the other party has not been given Note: If the evidence that is rejected by the
the opportunity to cross-examine the witness. court is documentary or object, the proponent
Note: There must be an objection first before a may, under the rules, still put on record that
motion to strike. If the party slept on his the same be attached thereto as part of the
right to object, he cannot later on avail a record of the case. (The reason being that the
motion to strike to exclude the evidence. same may still be considered in the appeal of
review of the case by the appellate court)
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 Renewal of Offer of excluded evidence: supporting other witness' opinions, could not
Where evidence is inadmissible when offered and excuse failure to objection other witnesses.
excluded but thereafter becomes admissible, it must b) When the question has not been answered.
be re-offered, unless the court indicates that a second When? When they are once objected to and
offer is not needed. Failure to make a re-offer of the not answered are later repeated and answered
evidence would be deemed a waiver on the party of without objection, the objection is waived.
the party. The re-offer must be done before the c) Where incompetency of evidence is shown
presentation of evidence is closed. later.
d) Where evidence is apparently competent
OBJECTIONS TO EVIDENCE e) when it is admitted over objection but it’s
incompetency is made apparent by testimony
Objections to evidence may either be general or which follows, the objection must be repeated,
specific. A general objection is done without specifying the followed by a motion to strike out, or it is
specific portion of the testimony or evidence is waived.
objectionable. Specific objection is done by stating why or f) Where objection to evidence was sustained
how the evidence is considered irrelevant or incompetent. but reoffered at a later stage of trial.
g) Where evidence admitted on condition and the
Grounds for objection. condition is not fulfilled. E.g. the condition that
a. question is irrelevant its competency or relevancy will be shown by
b. question is vague further evidence and the condition is not
c. question has already been answered fulfilled, the objection must be repeated.
d. multiple question h) Where the court reserves the ruling on the
e. witness is incompetent objection.
f. witness is not qualified
g. question has no basis (Note: Objection to evidence may be waived expressly or
h. question requires an answer which is privileged impliedly. The failure of a party to make a timely objection
i. question is leading at the proper time is deemed an implied waiver. The
j. question calls for hearsay evidence subsequent use of evidence similar to evidence already
k. witness is asked to testify on what is already objected to is deemed a waiver; the same rule applies to a
alleged in the pleadings prior use of similar inadmissible evidence.
1. Question is self-incriminatory
m. when the proper foundation has not been laid Weight and sufficiency of Evidence
n. when opposed is impeaching his own witness
o. question calls for opinion of the witness 178. Factors considered in the determination of
p. immaterial evidence preponderance of evidence.
1. Facts and circumstances of the case - court
Note: An objection to evidence must not be
studies all angles
raised for the first time on appeal
2. Intelligence of the witness - not IQ but the
Even if the questions were asked by the
ability of the witness to answer into straightforward
judge, the party has a right to object to evidence
manner. Did he correctly see the incident in question?
which he considers not admissible. The trial judge
Can he convince the Court that he is narrating the truth
may object to a question propounded to a witness
on what he saw, observed and heard?
on cross-examination since he may on his own
3. Manner in which the witness testifies - in
motion deal with offered evidence, however, this is
order to determine whether or not the witness is telling
not ordinarily to be commended.
the truth, the behavior of a person when testifying, to
determine whether he is lying or telling the truth-
The rule on continuing objection.
( perspiring, fidgeting. Tense
A continuing objection may be interposed by the 4. Nature of the facts on to which the witness
counsel for the adverse party if the other party keeps on testifies
asking incompetent questions or when the answers 5. Personal Credibility of the Witness - refers
elicited are hearsay, etc. The counsel for the adverse to the reputation of a witness
party shall manifest before the court that he is interposing 6. Means and opportunity of knowing what
a continuing objection. It therefore means that even if the the witness is testifying on - manner of observation;
adverse party's lawyer does not say "objection', the i.e., if he was only a few feet from the crime scene
questions of the other counsel are deemed objected to. 7. Probability or Improbability of their
testimony - through human experience, the court can
This rule admits of some EXCEPTIONS TO THE RULE determine whether or not the witness is exaggerating his
testimony. The testimony must not only come from a
a) subsequent evidence is not of the same kind. credible witness. But the testimony must be credible in
Thus, in an action to probate a will itself. Is the story in accordance with human experience?
destroyed by the testatrix allegedly of unsound 8. Number of witnesses. It is the substance of
mind, based on facts dissimilar from those the testimony of a witness that should be considered not
their number or quantity. EXCEPT in cases of:
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 a. conflicting testimonies -
here number of witnesses is to be considered
b. in case of treason - two
witnesses must testify to the same overt act in open
court
9. Interest or Want of Interest of Witness in
the case - refers to the witness' bias, prejudice or motive
because the person for whom he is testifying is his friend,
etc.

• Relationship per se does not affect the credibility

of a witness. Proof of existence of bias and prejudice must
be present.

179. Principle of “falsest in onu est falsus in

omnibus”
False in one, false in all. Hence, when part of the
testimony of a witness is untrue, all or the whole of his
testimony shall not be believed.

180. Role of circumstantial evidence.

Sufficient to Warrant Conviction if:
a. there is more than one circumstance
b. the facts from which the inferences are derived are
proved
c. a combination of all circumstances is such as to
produce a conviction beyond reasonable doubt.
EXCEPT: In Homicide Cases:
1. Accused was seen running away from the
scene of the crime with a bolo.
2. Two days before the killing, accused was heard
to take revenge against the victim
3. After the killing, the accused went into
hiding.
4. CIRCUMSTANTIAL EVIDENCE IS
APPLICABLE WHEN THERE IS NO DIRECT EVIDENCE
TO THE COMMISSION OF THE CRIME.

181. When proof of motive necessary.

It is necessary when there is insufficiency of evidence
regarding the identity of the accused. But when the
identification of the accused is positively established,
motive becomes immaterial.

182. Steps to be taken in perpetuation of

testimony.
1. File a Petition in court, stating the witness’ inability to testify
2. Court will set a date to take the witness testimony.

END OF THE LECTURE

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