RULES OF EVIDENCE

RULE 128 General Provisions Factum probandum – the proposition to be established;

necessarily conceived as hypothetical

Section 1. Evidence defined. — Evidence is the Factum probans – the material evidencing the proposition;
means, sanctioned by these rules, of conceived of for practical purposes as existent, and is offered
ascertaining in a judicial proceeding the truth as such for the consideration of the tribunal
respecting a matter of fact.
Kinds and degrees of evidence:
Purpose of the law on evidence:
1. Direct evidence – that which proves the fact in dispute
1. Prescribes the manner of presenting evidence: as by without the aid of any inference or presumption
requiring that it shall be given in open court by one 2. Circumstantial evidence – the proof of facts from
who personally knows the thing to be true, appearing which, taken collectively, the existence of the
in person, subject to cross-examination; or by particular fact in dispute may be inferred as a
allowing it to be given by deposition, taken in such necessary or probable consequence
and such a way; and the like; 3. Primary evidence or best evidence – that which
2. Fixes the qualifications and the privileges of witness, affords the greatest certainty of the fact in question
and the mode of examining them; (example: the original contract)
3. Determines as among probative matters things which 4. Secondary evidence – that which is necessarily
are logically and in their nature evidential, what inferior to primary evidence and shows on its face that
classes of things shall not be received. better evidence exists (example: copy of the original
contract)
5. Positive evidence – when a witness affirms that a fact
Evidence distinguished for proof:
did or did not occur
6. Negative evidence – when the witness states that he
1. Proof is not evidence itself. There is proof only did not see or know the occurrence of fact
because of evidence. It is merely the probative effect 7. Corroborative evidence – additional evidence of a
of evidence and is the conviction or persuasion of the different kind and character, tending to prove the
mind resulting from a consideration of evidence. same point
2. Proof refers to the degree or kind of evidence which 8. Cumulative evidence – evidence of the same kind and
will produce full conviction, or establish the character as that already given, and tends to prove
proposition to the satisfaction of the tribunal. More the same proposition
accurately, proof is the effect or result of evidence 9. Prima facie evidence – that which suffices for the
while evidence is the medium of proof. proof of a particular fact, until contradicted and
overcome by other evidence
Evidence distinguished from testimony: 10. Conclusive evidence – that which is incontrovertible;
evidence that when received, the law does not allow
1. Testimony is that kind of evidence which, in trial is to be contradicted
presented by witnesses verbally. “Evidence” is the 11. Relevant evidence – that which has a tendency in
generic term and “testimony” that of the species. reason to establish the probability or improbability of a
fact in issue; materiality has been used
Fact – any event or act or condition of things, assumed (for the interchangeably with relevancy
moment) as happening or existing 12. Competent evidence – evidence not excluded by law
in a particular case
13. Irrelevant evidence – signifies that the offered piece of
Fact-in-issue – a fact as to the correctness of which the
evidence has no probative value
tribunal, under the law of the case, must be persuaded
14. Incompetent evidence – signifies that an offered
witness is not qualified, under the rules of testimonial
Fact-in-evidence – any fact considered by the tribunal as data
evidence
to persuade them to reach a reasoned belief upon a
15. Inadmissible evidence – signifies that the offered
probandum
evidence is excluded by some rule of evidence, no
matter what the rule
Inference – the process of thought by which the tribunal 16. Immaterial evidence – signifies that the offered
reasons from fact to probandum evidential fact is directed to prove some probandum
which is not properly in issue
Arguments – the remarks of counsel analyzing and pointing out 17. Rebuttal evidence – that which is given to explain,
or repudiating the desired inference, for the assistance of the repel, counteract or disprove facts given in evidence
tribunal by the adverse party
 18. Real evidence – that which is addressed to the sense  Administrative agencies are not bound by the technical
of the tribunal, as where objects are presented for the rules of evidence. It can accept documents which cannot
inspection of the court be admitted in a judicial proceeding where the Rules of
19. Expert evidence – the testimony of one possessing in Court are strictly observed. It can choose to give weight or
regard to a particular subject or department of human disregard such evidence, depending on its
activity, knowledge not usually acquired by other trustworthiness. (Sugar Regulatory Administration v.
persons Tormon, G.R. No. 195640)

What the rules of evidence determine:  In the field of administrative law, while strict rules of
evidence are not applicable to quasi-judicial proceedings,
1. The relevancy of facts, or what sort of facts may be nevertheless, in adducing evidence constitutive of
proved in order to establish the existence of the right, substantial evidence, the basic rule that a mere allegation
or liability defined by substantive law; is not evidence cannot be disregarded. (Marcelo v.
2. The proof of facts, that is what sort of proof is to be Bungubung, 552 SCRA 589)
given of those facts;
3. The production of proof of relevant facts, that is who  The rules on evidence do not apply to election cases, land
is to give it and how it is to be given, and the effect of registration, naturalization, and insolvency proceedings,
improper admission or rejection of evidence. and other cases not herein provided for, except by
analogy or in a suppletory character and whenever
 The Rules on Electronic Evidence does not apply to practicable and convenient. (Section 4, Rule 1)
criminal actions. They apply only to civil actions, quasi-
judicial proceedings, and administrative proceedings. (Ang  The rule on formal offer of evidence (Sec. 34, Rule 132) is
v. CA, G.R. No. 182835) not applicable to a case involving a petition for
naturalization unless applied by analogy or in a suppletory
 The rules on evidence must be liberally construed so as character and whenever practicable and convenient. Thus,
not to frustrate substantial justice. the Court of Appeals may validly consider the documents
not earlier formally offered in the trial court, and raised for
 There is no law which requires that the testimony of a the first time on appeal. (Ong Chia v. Republic, 328 SCRA
single witness has to be corroborated, except where 749) (NOTE: Sec. 34, Rule 132 provides that courts, as a
expressly mandated in determining the value and rule, are not authorized to consider evidence which has
credibility of evidence. (People v. Pabalan, 262 SCRA not been formally offered.)
574, 685)
 The NLRC may consider evidence, such as documents
and affidavits, submitted by the parties for the first time on
Section 2. Scope. — The rules of evidence shall appeal. Technical rules of evidence are not binding in
be the same in all courts and in all trials and labor cases. (Sasan, Sr. v. NLRC, 569 SCRA 670)
hearings, except as otherwise provided by law
or these rules. (Principle of uniformity)  The parol evidence rule, like other rules of evidence,
should not be strictly applied in labor cases. Hence, a
Labor Arbiter is not precluded from accepting and
 Any evidence inadmissible according to the laws in force
evaluating evidence other than, and even contrary to, what
at the time the action accrued, but admissible according to
is stated in the CBA. (Cirtek Employees Labor Union –
laws in force at the time of the trial, is receivable.
FFW v. Cirtek Electronic, 650 SCRA 656)
(Aldeguer v. Hoskyn, 2 Phil. 500) But this is subject to the
constitutional limitation on the enactment of ex post facto
 In the Philippine judicial system, there is a mandatory
laws.
judicial notice of the official acts of the legislature and
these acts cover statutes. Evidence is not required on
 An ex post facto law includes that which alters the rules on
matters of judicial notice and on matters judicially
evidence and receives less or different testimony that that
admitted.
required at the time of the commission of the offense in
order to convict the accused. (Mekin v. Wolfe, 2 Phil. 74)
 Evidence is required only when the court has to resolve a
question of fact. Where no factual issue exists in a case,
 A contract of insurance requiring the testimony of
there is no need to present evidence because where the
eyewitness as the only evidence admissible concerning
case presents a question of law, such question is resolved
the death of the insured person is valid.
by the mere application of the relevant statutes or rules of
this jurisdiction to which no evidence is required.
 The rules on evidence may be waived. When an otherwise
objectionable evidence is not objected, the evidence
Evidence in civil cases distinguished from evidence in criminal
becomes admissible because of waiver.
cases:
 If the rule of evidence waived by the parties has been
established by law on grounds of public policy, the waiver 1. In civil cases, the party having the burden of proof
is void. (Obispo v. Obispo, 50 O.G. 614) must prove his claim by a preponderance of evidence;
while in criminal cases, the guilt of the accused has to
 The rules on evidence, being components of the Rules of be proven beyond reasonable doubt.
Court, apply only to judicial proceedings. 2. In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible in
 evidence against the offeror. In criminal cases, except  In connection with evidence which may appear to be of
those involving quasi-offenses or those allowed by doubtful relevancy or incompetency or admissibility, it is
law to be compromised, an offer of compromise by the safest policy to be liberal, not rejecting them on
the accused may be received in evidence as an doubtful or technical grounds, but admitting them unless
implied admission of guilt. plainly irrelevant, immaterial or incompetent, for the
3. In civil cases, the concept of presumption of reason that their rejection places them beyond the
innocence does not apply and generally there is no consideration of the court, if they are thereafter found
presumption for or against a party except in certain relevant or competent; on the other hand, their admission,
cases provided for by law. In criminal cases, the if they turn out later to be irrelevant or incompetent, can
accused enjoys the constitutional presumption of easily be remedied by completely discarding them or
innocence. ignoring them. (Banaria v. Banaria)

Section 3. Admissibility of evidence. —  It is considered unlawful to (a) secretly overhear, (b)

intercept, or (c) record private communication or spoken
Evidence is admissible when it: word when doing so is without the authority of all the
parties to such private communication. If only one party
1. is relevant to the issue; and authorizes the recording and the other does not, there is a
2. is not excluded by the law or these rules. violation of the law. (R.A. No. 4200, Anti-Wiretapping Law)

The two axioms of admissibility: Section 4. Relevancy; collateral matters. —

Evidence must have such a relation to the fact
1. None but facts having rational probative value are in issue as to induce belief in its existence or
admissible;
non-existence. Evidence on collateral matters
2. All facts having rational probative value are
admissible, unless some specific rule forbids. shall not be allowed, except when it tends in
any reasonable degree to establish the
 To admit evidence and not to believe it are not probability or improbability of the fact in issue.
incompatible with each other. (Calamba Steel Center v.
CIR, 457 SCRA 482)  There is no precise and universal test of relevancy
provided by law. However, the determination of whether
 The admissibility of evidence should not be equated with particular evidence is relevant rests largely at the
the weight of the evidence. The admissibility of the discretion of the court, which must be exercised according
evidence depends on its relevance and competence while to the teachings of logic and everyday experience. (People
the weight of evidence pertains to its tendency to convince v. Galleno, 291 SCRA 761)
and persuade. A particular item of evidence may be
admissible but its evidentiary weight depends on judicial  A matter is collateral when it is on a “parallel or diverging
evaluation with the guidelines provided by the rules of line,” merely “additional” or “auxiliary.” (Black’s Law
evidence. (Tating v. Marcella, 519 SCRA 79) Dictionary) Example: Motive or reputation

Conditional admissibility – when the relevance of a piece of  Evidence on the credibility of witness, or the lack of it, is
evidence is not apparent at the time it is offered, but the always relevant. (Illustration: Evidence of a person’s bad
relevance of which will readily be seen when connected to general reputation for truth, honesty, or integrity is
other pieces of evidence not yet offered objectionable if offered to prove that he committed the
crime charged, but it may be admissible to impeach the
Curative admissibility – allows a party to introduce otherwise credibility of witness under the authority of Sec. 11, Rule
inadmissible evidence to answer the opposing party’s previous 132.)
introduction of inadmissible evidence if it would remove any
unfair prejudice caused by the admission of the earlier Competent evidence – one that is not excluded by law or rules
inadmissible evidence in a particular case

 In our jurisdiction, the principle of curative admissibility  Warrantless search is justified only if it was incidental to a
should not be made to apply where the evidence was lawful arrest.
admitted without objection because the failure to object
constitutes waiver of the inadmissibility of the evidence. In
our jurisdiction, inadmissible evidence not objected to
becomes admissible.

 It is submitted that it is only where the objection was

incorrectly overruled that the court should allow the other
party to introduce evidence to contradict the evidence
improperly admitted in order to cure the prejudice caused
to the other party against whom the offered evidence was
erroneously admitted. Common reason suggests that RULE 129 What Need Not Be Proved
where there is a waiver, there is no defect to cure.
Section 1. Judicial notice, when mandatory. — any matter and allow the parties to be heard
A court shall take judicial notice, without the thereon.
introduction of evidence, of:
After the trial, and before judgment or on
1. the existence and territorial extent of appeal, the proper court, on its own initiative or
states, their political history, forms of on request of a party, may take judicial notice of
government and symbols of nationality, any matter and allow the parties to be heard
2. the law of nations, thereon if such matter is decisive of a material
3. the admiralty and maritime courts of the issue in the case. (n)
world and their seals,
4. the political constitution and history of  The mere personal knowledge of the judge is not the
judicial knowledge of the court, and he is not authorized to
the Philippines,
make his individual knowledge of a fact, not generally or
5. the official acts of legislative, executive professionally known, as the basis of his action. (State
and judicial departments of the Prosecutors v. Muro, 236 SCRA 505) BAR
Philippines,
6. the laws of nature,  It is well-settled in our jurisdiction that our courts cannot
take judicial notice of foreign laws. Like any other facts,
7. the measure of time, and
they must be alleged and proved. (Garcia v. Garcia-Recio,
8. the geographical divisions. (1a) 366 SCRA 437) BAR

 A document, or any article for that matter, is not evidence  In the absence of proof, the foreign law will be presumed
when it is simply marked for identification; it must be to be the same as the laws of the jurisdiction hearing the
formally offered, and the opposing counsel given an case. (Doctrine of processual presumption)
opportunity to object to it or to cross-examine the witness
called upon to prove or identify it. (Candido v. CA, 253 Instances when a court can take judicial notice of a foreign law:
SCRA 78)
1. When there is a statute directing the court to take
Section 2. Judicial notice, when discretionary. judicial notice of a certain foreign law;
— A court may take judicial notice of matters 2. Where the foreign law is within the actual knowledge
of the court, such as when the law generally well-
which:
known, had been ruled upon in previous cases before
it and none of the parties claim otherwise;
1. are of public knowledge, or – those facts that 3. Where the foreign is part of a published treatise,
are so commonly known in the community as to make periodical or pamphlet and the writer is recognized in
it unprofitable to require proof, and so certainly known his profession or calling as expert in the subject. BAR
to as make it indisputable among reasonable men
2. are capable to unquestionable  Municipal Trial Courts (MTC) should take judicial notice of
demonstration, or municipal ordinances in force in the municipality in which
they sit. (U.S. v. Blanco, 37 Phil. 126)
3. ought to be known to judges because of
their judicial functions. (BAR)  A Regional Trial Court (RTC) should take judicial notice of
municipal ordinances in force in the municipalities within
Requisites for discretionary judicial notice: their jurisdiction but only when so required by law. For
example, the charter of the City of Manila requires all
1. The matter must be one of common knowledge; courts sitting therein to take judicial notice of all
2. The matter must be settled beyond reasonable doubt ordinances passed by the city council. (City of Manila v.
(if there is any uncertainty about the matter, then Garcia, 19 SCRA 413)
evidence must be adduced); and
3. The knowledge must exist within the jurisdiction of the  The RTC must take judicial notice also of municipal
court. ordinances in cases on appeal to it from the inferior court
in which the latter took judicial notice of. (U.S. v.
 A court cannot take judicial notice of any fact which, in Hernandez, 31 Phil. 342)
part, is dependent on the existence or non-existence of a
fact of which the court has no constructive knowledge.  The Court of Appeals may take judicial notice of municipal
(Expertravel and Tours v. CA, 459 SCRA 147) ordinances because nothing in the Rules prohibits it from
taking cognizance of an ordinance which is capable of
unquestionable demonstration. (Gallego v. People, 8
Section 3. Judicial notice, when hearing
SCRA 813)
necessary. — During the trial, the court, on its
own initiative, or on request of a party, may  GENERAL RULE: While courts may take judicial notice of
announce its intention to take judicial notice of its own acts and records in the same case, as a rule,
courts are not authorized to take judicial notice of the
contents of the records of other cases, even when such
 cases have been tried or are pending in the same court,
and notwithstanding the fact that both cases may have  When a pleading is amended, the amended pleading
been heard or are actually pending before the same judge. supersedes the pleading that it amended and the
(Tabuena v. CA, 196 SCRA 650) admissions in the superseded pleading may be received in
evidence against the pleader. (Sec. 8, Rule 10) BAR
 EXCEPTIONS:
 The admissions in the superseded pleading are to be
o When in the absence of any objection, and with considered as extrajudicial admissions which must be
the knowledge of the opposing party, the proven. (Torres v. CA, 131 SCRA 24)
contents of said other case are clearly referred to
by title and number in a pending action and  Admissions made in pleadings that have been dismissed
adopted or read into the record of the latter; or are merely extrajudicial admissions. (Servicewide
o When the original record of the other case or any Specialists v. CA, 257 SCRA 643)
part of it is actually withdrawn from the archives
at the court’s discretion upon the request, or with  Admissions by a counsel are generally conclusive upon a
consent, of the parties, and admitted as part of client. (De Garcia v. CA, 37 SCRA 129)
the record of the pending case.
 Despite the presence of judicial admissions, the trial court
 Courts cannot take judicial notice of proprietary acts of is still given leeway to consider other evidences presented
GOCCs. (Asian Terminals v. Malayan Insurance, 647 because said admissions may not necessarily prevail over
SCRA 111) documentary evidence. (Asean Pacific Planners v. City of
Urdaneta, 566 SCRA 219)
 A court cannot take judicial notice of an administrative
regulation or of a statute that is not yet effective. (State
Prosecutors v. Muro, supra)

Section 4. Judicial admissions. — An

admission, verbal or written, made by the party
in the course of the proceedings in the same
case, does not require proof. The admission
may be contradicted only by showing that it
was made through palpable mistake or that no
such admission was made. (BAR)

Where judicial admission are made:

1. In the pleadings;
2. During the trial, either by verbal or written
manifestations or stipulations;
3. In other stages of the judicial proceeding.

 An admission made in a document drafted for purposes of

filing a pleading but never filed is not a judicial admission.
If signed by the party, it is deemed an extrajudicial
admission. If signed by the attorney, it is not even an
admission by the party. (Jackson v. Schine Lexington
Corp.) BAR

 A stipulation of facts entered into by the prosecution and

defense counsel during trial in open court is automatically
reduced in writing and contained in the official transcript of
proceedings had in court. the conformity of the accused in
the form of his signature affixed thereto is unnecessary in
view of the facts that an attorney who is employed to
manage a party’s conduct of lawsuit has prima facie
authority to make relevant admissions by pleading, by oral
or written stipulation which, unless allowed to be
withdrawn are conclusive. (People v. Hernandez, 206
SCRA 25)

 Admissions obtained through depositions, written

interrogatories or requests for admission are also
considered judicial admissions. (Programme Inc. v.
Province of Bataan, 492 SCRA 529) RULE 130 Rules of Admissibility
 A. OBJECT (REAL) EVIDENCE Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment:

Section 1. Object as evidence. — Objects as

The PDEA shall take charge and have custody of all
evidence are those addressed to the senses of dangerous drugs, plant sources of dangerous drugs, controlled
the court. When an object is relevant to the fact precursors and essential chemicals, as well as
in issue, it may be exhibited to, examined or instruments/paraphernalia and/or laboratory equipment so
viewed by the court. (1a) confiscated, seized and/or surrendered, for proper disposition
in the following manner:

 Where the physical evidence runs counter to the

(1) The apprehending team having initial custody and
testimonial evidence, the physical evidence should prevail.
control of the drugs shall, immediately after seizure
(BPI v. Reyes, 544 SCRA 206)
and confiscation, physically inventory and photograph
the same in the presence of the accused or the
View – going out of the courtroom to observe places and
person/s from whom such items were confiscated
objects
and/or seized, or his/her representative or counsel, a
representative from the media and the Department of
Basic requisites for the admissibility of an object or real Justice (DOJ), and any elected public official who
evidence: shall be required to sign the copies of the inventory
and be given a copy thereof;
1. The evidence must be relevant;
2. The evidence must be authenticated; (it can be (2) Within twenty-four (24) hours upon
determined here whether the evidence is competent confiscation/seizure of dangerous drugs, plant
or not) sources of dangerous drugs, controlled precursors
3. The authentication must be made by a competent and essential chemicals, as well as
witness; and instruments/paraphernalia and/or laboratory
4. The object must be formally offered in evidence. equipment, the same shall be submitted to the PDEA
Forensic Laboratory for a qualitative and quantitative
 The right against self-incrimination finds no application in a examination;
case where object or real evidence is offered as evidence
because no testimonial compulsion was involved. (People
(3) A certification of the forensic laboratory
v. Malimit, 264 SCRA 167) BAR
examination results, which shall be done under oath
by the forensic laboratory examiner, shall be issued
Categories of object evidence: within twenty-four (24) hours after the receipt of the
subject item/s: Provided, That when the volume of the
1. Object that are readily identifiable (unique objects); dangerous drugs, plant sources of dangerous drugs,
2. Objects that are made readily identifiable (objects and controlled precursors and essential chemicals
made unique); does not allow the completion of testing within the
3. Objects with no identifying marks and cannot be time frame, a partial laboratory examination report
marked (non-unique objects). shall be provisionally issued stating therein the
quantities of dangerous drugs still to be examined by
 The prosecution is not required to elicit testimony from the forensic laboratory: Provided, however, That a
every custodian or every person who had an opportunity final certification shall be issued on the completed
to come in contact with the evidence sought to be forensic laboratory examination on the same within
admitted. As long as one of the “chains” testifies and his the next twenty-four (24) hours;
testimony negates the possibility of tampering and that the
integrity of the evidence is preserved, his testimony alone (4) After the filing of the criminal case, the Court shall,
is adequate to prove chain of custody. within seventy-two (72) hours, conduct an ocular
inspection of the confiscated, seized and/or
Chain of custody rule – a method of authenticating evidence surrendered dangerous drugs, plant sources of
which requires that the admission of an exhibit be preceded by dangerous drugs, and controlled precursors and
evidence sufficient to support a finding that the matter in essential chemicals, including the
question is what the proponent claims it to be instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-
Chain of custody (as used in Comprehensive Dangerous four (24) hours thereafter proceed with the destruction
Drugs Act, R.A. No. 9165) – the duly recorded authorized or burning of the same, in the presence of the
movements and custody of seized drugs or controlled accused or the person/s from whom such items were
chemicals or plant sources of dangerous drugs or laboratory confiscated and/or seized, or his/her representative or
equipment of each stage, from the time of seizure/confiscation counsel, a representative from the media and the
to receipt in the forensic laboratory to safekeeping to DOJ, civil society groups and any elected public
presentation in court of destruction official. The Board shall draw up the guidelines on the
manner of proper disposition and destruction of such
Custody and Disposition of Confiscated, Seized, and/or item/s which shall be borne by the offender: Provided,
Surrendered Dangerous Drugs, Plant Sources of Dangerous That those item/s of lawful commerce, as determined
by the Board, shall be donated, used or recycled for
 legitimate purposes: Provided, further, That a Court and other pertinent provisions of law on evidence shall
representative sample, duly weighed and recorded is apply.
retained;
Sec. 3. Definition of Terms. – For purposes of this Rule, the
(5) The Board shall then issue a sworn certification as following terms shall be defined as follows:
to the fact of destruction or burning of the subject
item/s which, together with the representative a. “Biological sample” means any organic material
sample/s in the custody of the PDEA, shall be originating from a person’s body, even if found in
submitted to the court having jurisdiction over the inanimate objects, that is susceptible to DNA testing.
case. In all instances, the representative sample/s This includes blood, saliva and other body fluids,
shall be kept to a minimum quantity as determined by tissues, hairs and bones;
the Board; b. “DNA” means deoxyribonucleic acid, which is the
chain of molecules found in every nucleated cell of
(6) The alleged offender or his/her representative or the body. The totality of an individual’s DNA is unique
counsel shall be allowed to personally observe all of for the individual, except identical twins;
the above proceedings and his/her presence shall not c. “DNA evidence” constitutes the totality of the DNA
constitute an admission of guilt. In case the said profiles, results and other genetic information directly
offender or accused refuses or fails to appoint a generated from DNA testing of biological samples;
representative after due notice in writing to the d. “DNA profile” means genetic information derived from
accused or his/her counsel within seventy-two (72) DNA testing of a biological sample obtained from a
hours before the actual burning or destruction of the person, which biological sample is clearly identifiable
evidence in question, the Secretary of Justice shall as originating from that person;
appoint a member of the public attorney's office to e. “DNA testing” means verified and credible scientific
represent the former methods which include the extraction of DNA from
biological samples, the generation of DNA profiles
 Non-compliance with Sec. 21 of R.A. 9165 shall not render and the comparison of the information obtained from
void and invalid seizures of and custody over objects the DNA testing of biological samples for the purpose
provided that (1) the non-compliance must be because of of determining, with reasonable certainty, whether or
justifiable grounds, and (2) the apprehending officer/team not the DNA obtained from two or more distinct
must have properly preserved the integrity and evidentiary biological samples originates from the same person
value of the seized items. (direct identification) or if the biological samples
originate from related persons (kinship analysis); and
 A mere statement that the integrity and evidentiary value f. “Probability of Parentage” means the numerical
of the evidence is not enough. It must be accompanied by estimate for the likelihood of parentage of a putative
proof. (People v. Dela Cruz, 570 SCRA 273) parent compared with the probability of a random
match of two unrelated individuals in a given
Elements necessary for a prosecution for sale of dangerous population.
drugs under R.A. No. 9165:
Sec. 4. Application for DNA Testing Order. – The
1. The identity of the buyer and the seller, the object, appropriate court may, at any time, either motu proprio or on
and the consideration; and application of any person who has a legal interest in the matter
2. The delivery of the thing sold and the payment. in litigation, order a DNA testing. Such order shall issue after
due hearing and notice to the parties upon a showing of the
following:
Guidelines to be used by courts in assessing the probative
value of DNA evidence:
a. A biological sample exists that is relevant to the case;
b. The biological sample: (i) was not previously
1. How the samples were collected;
subjected to the type of DNA testing now requested;
2. How they were handled;
or (ii) was previously subjected to DNA testing, but
3. The possibility of contamination of the samples;
the results may require confirmation for good reasons;
4. The procedure followed in analyzing the samples;
c. The DNA testing uses a scientifically valid technique;
5. Whether the proper standards and procedure were
d. The DNA testing has the scientific potential to
followed in conducting the tests; and
produce new information that is relevant to the proper
6. The qualification of the analyst who conducted the
resolution of the case; and
test. BAR
e. The existence of other factors, if any, which the court
may consider as potentially affecting the accuracy of
RULE ON DNA EVIDENCE integrity of the DNA testing.

SECTION 1. Scope. – This Rule shall apply whenever DNA This Rule shall not preclude a DNA testing, without need of a
evidence, as defined in Section 3 hereof, is offered, used, or prior court order, at the behest of any party, including law
proposed to be offered or used as evidence in all criminal and enforcement agencies, before a suit or proceeding is
civil actions as well as special proceedings. commenced.

Sec. 2. Application of other Rules on Evidence. – In all

matters not specifically covered by this Rule, the Rules of
Sec. 5. DNA Testing Order. – If the court finds that the a. The falsifiability of the principles or methods used,
requirements in Section 4 hereof have been complied with, the that is, whether the theory or technique can be and
court shall – has been tested;
b. The subjection to peer review and publication of the
a. Order, where appropriate, that biological samples be principles or methods;
taken from any person or crime scene evidence; c. The general acceptance of the principles or methods
b. Impose reasonable conditions on DNA testing by the relevant scientific community;
designed to protect the integrity of the biological d. The existence and maintenance of standards and
sample, the testing process and the reliability of the controls to ensure the correctness of data generated;
test results, including the condition that the DNA test e. The existence of an appropriate reference population
results shall be simultaneously disclosed to parties database; and
involved in the case; and f. The general degree of confidence attributed to
c. If the biological sample taken is of such an amount mathematical calculations used in comparing DNA
that prevents the conduct of confirmatory testing by profiles and the significance and limitation of
the other or the adverse party and where additional statistical calculations used in comparing DNA
biological samples of the same kind can no longer be profiles.
obtained, issue an order requiring all parties to the
case or proceedings to witness the DNA testing to be Sec. 9. of DNA Testing Results. – In evaluating the results of
conducted. DNA testing, the court shall consider the following:

An order granting the DNA testing shall be immediately a. The evaluation of the weight of matching DNA
executory and shall not be appealable. Any petition for evidence or the relevance of mismatching DNA
certiorari initiated therefrom shall not, in any way, stay the evidence;
implementation thereof, unless a higher court issues an b. The results of the DNA testing in the light of the
injunctive order. The grant of DNA testing application shall not totality of the other evidence presented in the case;
be construed as an automatic admission into evidence of any and that
component of the DNA evidence that may be obtained as a c. DNA results that exclude the putative parent from
result thereof. paternity shall be conclusive proof of non-paternity. If
the value of the Probability of Paternity is less than
Sec. 6. Post-conviction DNA Testing. – Post-conviction DNA 99.9%, the results of the DNA testing shall be
testing may be available, without need of prior court order, to considered as corroborative evidence. If the value of
the prosecution or any person convicted by final and executory the Probability of Paternity is 99.9% or higher there
judgment provided that (a) a biological sample exists, (b) such shall be a disputable presumption of paternity.
sample is relevant to the case, and (c) the testing would
probably result in the reversal or modification of the judgment Sec. 10. Post-conviction DNA Testing – Remedy if the
of conviction. Results Are Favorable to the Convict. – The convict or the
prosecution may file a petition for a writ of habeas corpus in
Sec. 7. Assessment of probative value of DNA evidence. – the court of origin if the results of the post-conviction DNA
In assessing the probative value of the DNA evidence testing are favorable to the convict. In the case the court, after
presented, the court shall consider the following: due hearing finds the petition to be meritorious, if shall reverse
or modify the judgment of conviction and order the release of
a. The chair of custody, including how the biological the convict, unless continued detention is justified for a lawful
samples were collected, how they were handled, and cause.
the possibility of contamination of the samples;
b. The DNA testing methodology, including the A similar petition may be filed either in the Court of Appeals or
procedure followed in analyzing the samples, the the Supreme Court, or with any member of said courts, which
advantages and disadvantages of the procedure, and may conduct a hearing thereon or remand the petition to the
compliance with the scientifically valid standards in court of origin and issue the appropriate orders.
conducting the tests;
c. The forensic DNA laboratory, including accreditation Sec. 11. Confidentiality. – DNA profiles and all results or
by any reputable standards-setting institution and the other information obtained from DNA testing shall be
qualification of the analyst who conducted the tests. If confidential. Except upon order of the court, a DNA profile and
the laboratory is not accredited, the relevant all results or other information obtained from DNA testing shall
experience of the laboratory in forensic casework and only be released to any of the following, under such terms and
credibility shall be properly established; and conditions as may be set forth by the court:
d. The reliability of the testing result, as hereinafter
provided. a. Person from whom the sample was taken;
b. Person from whom the sample was taken;
The provisions of the Rules of Court concerning the c. Lawyers of private complainants in a criminal action;
appreciation of evidence shall apply suppletorily. d. Duly authorized law enforcement agencies; and
e. Other persons as determined by the court.
Sec. 8. Reliability of DNA Testing Methodology. – In
evaluating whether the DNA testing methodology is reliable, Whoever discloses, utilizes or publishes in any form any
the court shall consider the following: information concerning a DNA profile without the proper court
order shall be liable for indirect contempt of the court wherein
such DNA evidence was offered, presented or sought to be B. DOCUMENTARY EVIDENCE
offered and presented.

Section 2. Documentary evidence. —

Where the person from whom the biological sample was taken
files a written verified request to the court that allowed the DNA Documents as evidence consist of writing or
testing for the disclosure of the DNA profile of the person and any material containing letters, words,
all results or other information obtained from the DNA testing, numbers, figures, symbols or other modes of
he same may be disclosed to the persons named in the written written expression offered as proof of their
verified request.
contents. (n)
Sec. 12. Preservation of DNA Evidence. The trial court shall
preserve the DNA evidence in its totality, including all biological  A private document may be offered and admitted in
samples, DNA profiles and results or other genetic information evidence both as documentary evidence and as object
obtained from DNA testing. For this purpose, the court may evidence depending on the purpose for which the
order the appropriate government agency to preserve the DNA document is offered. If offered to prove its existence,
evidence as follows: condition or for any purpose other than the contents of a
document, the same is considered as an object evidence.
When the private document is offered as proof of its
a. In criminal cases:
contents, the same is considered as documentary
evidence. (Principle of multiple admissibility)
i. for not less than the period of time
that any person is under trial for an
Requisites for the admissibility of the documentary evidence:
offense; or
ii. in case the accused is serving
sentence, until such time as the 1. The document must be relevant;
accused has served his sentence; 2. The evidence must be authenticated;
3. The document must be authenticated by a competent
witness; and
a. In all other cases, until such time as the decision in
4. The document must be formally offered in evidence.
the case where the DNA evidence was introduced
has become final and executory.
1. Best Evidence Rule
The court may allow the physical destruction of a biological
sample before the expiration of the periods set forth above,  The basic premise justifying the rule is the need to present
provided that: to the court the exact words of a writing where a slight
variation of words may mean a great difference in rights.
a. A court order to that effect has been secured; or An ancillary justification for the rule is the prevention and
b. The person from whom the DNA sample was detection if fraud. The rule is also justified by the need to
obtained has consented in writing to the disposal of avoid unintentional or intentional mistaken transmissions
the DNA evidence. of the contents of a document through the introduction of
selected potions of a writing to which the adverse party
has no full access.
Sec. 13. Applicability to Pending Cases. Except as provided
in Section 6 and 10 hereof, this Rule shall apply to cases
 The underlying purpose of the best evidence rule is the
pending at the time of its effectivity.
prevention of fraud or mistake in the proof of the contents
of a writing.
---- 0 ----
 The best evidence rule applies only in documentary
 A paraffin test is merely corroborative evidence, neither evidence.
proving nor disproving that a person did indeed fire a gun.
The positive or negative results of the test can be
Section 3. Original document must be
influenced by certain factors, such as the wearing of
gloves by the subject, perspiration of the hands, wind produced; exceptions. —
direction, wind velocity, humidity, climate conditions, the
length of the barrel of the firearm, or the open or closed GENERAL RULE: When the subject of inquiry is
trigger guard of the firearm. (People v. Buduhan, 561 the contents of a document, no evidence shall
SCRA 337)
be admissible other than the original document
 Courts uniformly reject the results of polygraph tests when itself.
offered in evidence for the purpose of establishing the guilt
or innocence of one accused of a crime because it has not  There is no reason to apply the “best evidence” rule when
yet attained scientific acceptance as a reliable and the issue does not involve the contents of a writing.
accurate means of ascertaining truth or deception. (U.S. v.
Tedder)  The best evidence rule applies only where the content of
the document is the subject of the inquiry. (Arceo v.
People, 495 SCRA 204)
EXCEPTIONS: contents in some authentic document, or by the
testimony of witnesses in the order stated. (4a)
(a) When the original has been lost or
destroyed, or cannot be produced in Requisites for the introduction of secondary evidence in case
court, without bad faith on the part of the of loss, destruction or unavailability of the original:

offeror;
1. The offeror must prove the execution and existence of
the original document;
(b) When the original is in the custody or 2. The offeror must show the cause of its unavailability;
under the control of the party against and
whom the evidence is offered, and the 3. The offeror must show that the unavailability was not
due to his bad faith.
latter fails to produce it after reasonable
notice;  The hierarchy of preferred secondary evidence must be
strictly followed. (Applies also to Sec. 6)
(c) When the original consists of
numerous accounts or other documents Section 6. When original document is in
which cannot be examined in court adverse party's custody or control. — If the
without great loss of time and the fact document is in the custody or under the control
sought to be established from them is of adverse party, he must have reasonable
only the general result of the whole; and notice to produce it. If after such notice and
after satisfactory proof of its existence, he fails
(d) When the original is a public record to produce the document, secondary evidence
in the custody of a public officer or is may be presented as in the case of its loss. (5a)
recorded in a public office.
Requisites for the introduction of secondary evidence when the
 The best evidence rule may be waived if not raised in the original is in the custody or control of the adverse party:
trial. (Zenith Radio Corp. v. Matsushita Electric Industrial
Co., [ED Pa] 505 F Supp 1190) 1. Satisfactory proof of the existence of the original;
2. Reasonable notice to produce it was given to the
Section 4. Original of document. — adverse party;
3. The adverse party failed to produce the original
document despite reasonable notice.
(a) The original of the document is one
the contents of which are the subject of Section 7. Evidence admissible when original
inquiry. document is a public record. — When the
original of document is in the custody of public
(b) When a document is in two or more officer or is recorded in a public office, its
copies executed at or about the same contents may be proved by a certified copy
time, with identical contents, all such issued by the public officer in custody thereof.
copies are equally regarded as originals.
BAR Section 8. Party who calls for document not
bound to offer it. — A party who calls for the
(c) When an entry is repeated in the production of a document and inspects the
regular course of business, one being same is not obliged to offer it as evidence. (6a)
copied from another at or near the time
of the transaction, all the entries are 3. Parol Evidence Rule
likewise equally regarded as originals.
 In general, the parol evidence rule is designed to give
2. Secondary Evidence certainty to written transactions, preserve the reliability
and protect the sanctity of written agreements.
Section 5. When original document is
 Under the parol evidence rule, no evidence of the terms of
unavailable. — When the original document has a writing are admissible other than the contents of the
been lost or destroyed, or cannot be produced written agreement.
in court, the offeror, upon proof of its execution
or existence and the cause of its unavailability
without bad faith on his part, may prove its
contents by a copy, or by a recital of its
Section 9. Evidence of written agreements. — itself for the purpose of varying the terms of the
writing.
3. The best evidence rule can be invoked by any litigant
GENERAL RULE: When the terms of an to an action whether or not said litigant is a party to
agreement have been reduced to writing, it is the document involved. The parol evidence rule can
considered as containing all the terms agreed be invoked only by the parties to the document and
upon and there can be, between the parties and their successors-in-interest.
4. The best evidence rule applies to all forms of writing.
their successors in interest, no evidence of
The parol evidence rule applies to written agreements
such terms other than the contents of the and wills.
written agreement.
 The parol evidence rule can be waived by failure to invoke
Requirements for the application of the rule: the benefits of the rule. This waiver may be made by
failure to object to the introduction of evidence aliunde.
1. There must be a written agreement; and Inadmissible evidence may be rendered admissible by
2. The writing must embody an agreement. failure to object. (Santiago v. CA, 278 SCRA 98)

EXCEPTIONS: However, a party may present 4. Interpretation Of Documents

evidence to modify, explain or add to the terms
of written agreement if he puts in issue in his Section 10. Interpretation of a writing according
pleading: to its legal meaning. — The language of a
writing is to be interpreted according to the
(a) An intrinsic ambiguity, mistake or legal meaning it bears in the place of its
imperfection in the written agreement; execution, unless the parties intended
otherwise. (8)
(b) The failure of the written agreement
to express the true intent and agreement Section 11. Instrument construed so as to give
of the parties thereto; effect to all provisions. — In the construction of
an instrument, where there are several
(c) The validity of the written agreement; provisions or particulars, such a construction
or is, if possible, to be adopted as will give effect
to all. (9)
(d) The existence of other terms agreed
to by the parties or their successors in Section 12. Interpretation according to
interest after the execution of the written intention; general and particular provisions. —
agreement. In the construction of an instrument, the
intention of the parties is to be pursued; and
The term "agreement" includes wills. (7a) when a general and a particular provision are
inconsistent, the latter is paramount to the
 The term “parol” evidence means something oral or verbal former. So a particular intent will control a
but with reference to contracts it means extraneous general one that is inconsistent with it. (10)
evidence or evidence aliunde.

 A total stranger to the writing is not bound by its terms and

Section 13. Interpretation according to
is allowed to introduce extrinsic or parol evidence against circumstances. — For the proper construction
the efficacy of the writing. (Lechugas v. CA, 22 Phil. 310) of an instrument, the circumstances under
which it was made, including the situation of
Distinctions between the best evidence rule and the parol the subject thereof and of the parties to it, may
evidence rule:
be shown, so that the judge may be placed in
1. The best evidence rule establishes a preference for
the position of those who language he is to
the original document over a secondary evidence interpret. (11)
thereof. The parol evidence rule is not concerned with
the primacy of evidence but presupposes that the Section 14. Peculiar signification of terms. —
original is available.
The terms of a writing are presumed to have
2. The best evidence rule precludes the admission of
secondary evidence if the original document is been used in their primary and general
available. The parol evidence rule precludes the acceptation, but evidence is admissible to show
admission of other evidence to prove the term of a that they have a local, technical, or otherwise
document other than the contents of the document peculiar signification, and were so used and
understood in the particular instance, in which C. TESTIMONIAL EVIDENCE
case the agreement must be construed
accordingly. (12) Testimonial or oral evidence – evidence elicited from the
mouth of a witness as distinguished from real and
documentary evidence
Section 15. Written words control printed. —
When an instrument consists partly of written
Witness – the person who gives the testimony
words and partly of a printed form, and the two
are inconsistent, the former controls the latter. Competence of a witness – refers to the witness’ personal
qualification to testify, as distinguished from competence of
Section 16. Experts and interpreters to be used evidence which means the inclusion or exclusion by the law or
rules of such evidence
in explaining certain writings. — When the
characters in which an instrument is written are
 As a general rule, a person who takes the stand as
difficult to be deciphered, or the language is not witness is presumed to be qualified to testify. A party who
understood by the court, the evidence of desires to question the competence of a witness must do
persons skilled in deciphering the characters, so by making an objection as soon as the facts tending to
or who understand the language, is admissible show incompetence are apparent. (Jones on Evidence)

to declare the characters or the meaning of the

language. (14) 1. Qualification of Witnesses

Section 17. Of Two constructions, which Section 20. Witnesses; their qualifications. —
preferred. — When the terms of an agreement Except as provided in the next succeeding
have been intended in a different sense by the section, all persons who can perceive, and
different parties to it, that sense is to prevail perceiving, can make known their perception to
against either party in which he supposed the others, may be witnesses.
other understood it, and when different
Additional qualifications:
constructions of a provision are otherwise
equally proper, that is to be taken which is the 1. He must take either an oath or an affirmation (Sec. 1,
most favorable to the party in whose favor the Rule 132);
provision was made. (15) 2. He must not possess any of the disqualifications
imposed by law or the rules.
Section 18. Construction in favor of natural
Factors involved in the ability of the witness to make known his
right. — When an instrument is equally
perception to others:
susceptible of two interpretations, one in favor
of natural right and the other against it, the 1. Ability to remember what has been perceived;
former is to be adopted. (16) 2. Ability to communicate the remembered perception.

Section 19. Interpretation according to usage. When deaf-mutes are competent:

— An instrument may be construed according
1. When they can understand and appreciate the
to usage, in order to determine its true
sanctity of an oath;
character. (17) 2. Comprehend facts they are going to testify to; and’
3. Communicate their ideas through a qualified
interpreter.

Religious or political belief, interest in the

outcome of the case, or conviction of a crime
unless otherwise provided by law, shall not be
ground for disqualification. (18a)

 The relationship of a witness does not ipso facto render

him a biased witness in criminal cases where the quantum
of evidence is proof beyond reasonable doubt. There is no
reason why the same principle should not apply to a civil
case where the quantum of evidence is only
preponderance of evidence. (Northwest Airlines v. Chiong,
543 SCRA 308)
 Those who have been convicted of falsification of a result, without need of further evidence, in the conviction
document, perjury or false testimony are disqualified from of the accused. This would militate against the rule that in
being witnesses to a will. (Art. 821[2], Civil Code) BAR every criminal prosecution, including rape cases, the
accused shall be presume innocent until the contrary is
Distinctions between competency of a witness and credibility of proved. (People v. Sandagon, 233 SCRA 108)
a witness;
 In determining the value and credibility of evidence,
1. Competency of the witness is a matter of law or rule, witnesses are to be weighed, not numbered. The
while credibility of a witness has nothing to do with the testimony of only one witness, if credible and positive, is
law or rules; sufficient to convict. (Bastian v. CA, 552 SCRA 43) BAR
2. Competency of a witness refers to the basic
qualifications of a witness as his capacity to perceive Falsus in uno, falsus in omnibus – false in one thing, false in
and communicate his perception to others, while everything; if the testimony of a witness on a material issue is
credibility of a witness refers to the believability of a wilfully false and given with an intention to deceive, the jury
witness and has nothing to do with the law or the may disregard all the witness’ testimony
rules.
 The maxim “falsus in uno, falsus in omnibus” is not
 Drug abuse will not render a person incompetent to testify. mandatory but merely sanctions disregard of the testimony
Drug abuse becomes relevant only if the witness was of a witness if the circumstances so warrant. To
under the influence of drugs at the time he is testifying or completely disregard all the testimony of a witness on this
the time the events in question were observed. (U.S. v. ground, his testimony must have been false as to a
Novo Sampol) material point, and the witness must have conscious and
deliberate intention to falsify a material point. (People v.
 Question concerning the credibility of a witness are best Pacapac, 248 SCRA 77)
addressed to the sound discretion of the trial court as it is  Delayed reporting by witnesses of what they know about a
in the best position to observe his demeanor and bodily crime does not render their testimonies false or incredible,
movement. (Llanto v. Alzona, 450 SCRA 288) for the delay may be explained by the natural reticence of
most people and their abhorrence to get involved in a
 Appellate courts do not disturb the findings of the trial criminal case. (People v. Manalad, 387 SCRA 263)
courts with regards to the credibility of a witness. The
reason for this is that trial courts have the unique Section 21. Disqualification by reason of mental
opportunity to observe the witness first hand and note their incapacity or immaturity. — The following
demeanor, conduct and attitude under grilling
examination. (People v. Cabatlan, 666 SCRA 174) This is
persons cannot be witnesses:
especially true when the trial court’s findings have been
affirmed by the appellate court. (a) Those whose mental condition, at the
time of their production for examination,
 The only time when a reviewing court is not bound by the
is such that they are incapable of
trial court’s assessment of credibility arises upon a
showing of a fact or circumstance of weight and influence intelligently making known their
that was overlooked and, if considered, could affect the perception to others;
outcome of the case. (People v. Valdez, 663 SCRA 272)
 This establishes the rule that the mental incapacity of a
 In a prosecution for rape, the accused may be convicted witness at the time of his perception of the events subject
solely on the basis of the testimony of the victim that is of the testimony does not affect his competency as long as
credible, convincing, and consistent with human nature he is competent at the time he is produce for examination
and the normal course of things. (People v. Viojela, G.R. to make know his perception to others.
No. 177140)
(b) Children whose mental maturity is
 Testimonies of child victims are given full weight and
credit, for youth and immaturity are badges of truth. such as to render them incapable of
perceiving the facts respecting which
 Full weight and credit is given to the testimony of a child- they are examined and of relating them
complainant, for no woman, much less one of tender age, truthfully.
would broadcast a violation of her person, allow an
examination of her flesh and endure a public trial of her
Child witness – any person who, at the time giving testimony,
remaining dignity, unless she is solely impelled by the
is below the age of eighteen (18) years
desire for redress.

 It is not enough to say that a girl would not expose herself  Every child is presumed qualified to be a witness. (Sec.6,
to the humiliation of a rape complaint unless the charge is A.M. 004-07-SC)
true. That is putting things too simply. For the prosecution
to succeed, it is also necessary to find that the Person allowed to attend the competency examination of a
complainant’s story is by itself believable independently of child:
the presumption. Otherwise, if all that mattered was that
presumption, every accusation of rape would inevitably 1. The judge and necessary court personnel;
 2. The counsel for the parties;
 An estranged spouse may testify against the other spouse
3. The guardian ad litem; because the reason behind the marital disqualification rule
is already non-existent.
4. One or more support persons for the child; and
 Where the marital and domestic relations between
spouses have become so strained that there is no more
5. The defendant, unless the court determines that
harmony, peace or tranquillity to be preserved, there is no
competence can be fully evaluated in his absence.
longer any reason to apply the marital disqualification rule.
(People v. Castaneda, 271 SCRA 504; Alvarez v.
When the trial court may order that the testimony of a child be Ramirez, 473 SCRA 72)
taken by live-link television:

Section 23. Disqualification by reason of death

 If there is a substantial likelihood that the child would
suffer trauma from testifying in the presence of the or insanity of adverse party. — Parties or
accused, his counsel or the prosecutor as the case may assignor of parties to a case, or persons in
be; the trauma must be of a kind which would impair the whose behalf a case is prosecuted, against an
completeness or truthfulness of the testimony of the child. executor or administrator or other
representative of a deceased person, or against
Section 22. Disqualification by reason of a person of unsound mind, upon a claim or
marriage. — demand against the estate of such deceased
person or against such person of unsound
GENERAL RULE: During their marriage, neither
mind, cannot testify as to any matter of fact
the husband nor the wife may testify for or
occurring before the death of such deceased
against the other without the consent of the
person or before such person became of
affected spouse.
unsound mind. Dead man’s statute (The rule applies only
to a civil case or a special proceeding over the estate of a
Exceptions: In a civil case by one against the deceased or insane person.)
other, or in a criminal case for a crime
committed by one against the other or the Elements:
latter's direct descendants or ascendants. (The
benefit of this rule may be waived and it may be done so 1. The defendant in the case is the executor or the
impliedly or expressly.) administrator or a representative of the deceased or
the person of unsound mind;
2. The suit is upon a claim by the plaintiff against the
Reasons for this rule:
estate of said deceased or person of unsound mind;
3. The witness is the plaintiff, or an assignor of that
1. There is identity of interests between husband and
party, or a person in whose behalf the case is
wife;
prosecuted; and
2. If one were to testify for or against the other, there is a
4. The subject of the testimony is as to any matter of fact
consequent danger of perjury;
occurring before the death of such deceased person
3. The policy of the law is to guard the security and
or before such person became of unsound mind.
confides of private life, even at the risk of an
occasional failure of justice, and to prevent domestic
 The rule contemplates a suit against the estate, its
disunion and unhappiness; and
administrator or executor and not a suit filed by the
4. Where there is want of domestic tranquillity, there is
administrator or executor of the estate. A defendant, who
danger of punishing one spouse through the hostile
opposes the suit filed by the administrator to recover
testimony of the other.
alleged shares of stock belonging to the deceased, is not
barred from testifying as to his transaction with the
 The prohibition extends not only to a testimony adverse to
deceased with respect to the shares. (Razon v. IAC, 207
the spouse but also to a testimony in favor of the spouse.
SCRA 234)
 When a counterclaim is set up by the administrator of the
 The prohibition can no longer be invoked after the
estate, the case is removed from the operation of the
marriage is dissolved.
“dead man’s statute.” The plaintiff may testify to
occurrences before the death of the deceased to defeat
 The testimony covered by the marital disqualification rule
the counterclaim which is not brought against the
not only consists of utterances but also the production of
representative of the estate but by the said representative.
documents. (State v. Bramlet)
(Sunga-Chan v. Chua, 363 SCRA 249)

 A spouse may testify in a trial where the other spouse is a

 The dead man’s statute does not operate to close the
co-accused but the testimony of witness spouse in
mouth of a witness as to any matter of fact coming to his
reference to the accused spouse must be disregarded if
knowledge in any other way than through personal
the latter timey objected thereto under the marital
dealings with the deceased person, or communication
disqualification rule. (People v. Quidato, 297 SCRA 1)
 made by the deceased to the witness. (Bordalba v. CA, any communication made by the client to
374 SCRA 555) him, or his advice given thereon in the
The protection under the dead man’s statute may be waived
course of, or with a view to, professional
by: employment, nor can an attorney's
secretary, stenographer, or clerk be
1. Failing to object to the testimony; examined, without the consent of the
2. Cross-examining the witness on the prohibited
client and his employer, concerning any
testimony; or
3. Offering evidence to rebut the prohibited testimony. fact the knowledge of which has been
acquired in such capacity; (This privilege
belong to the client; it is personal to him.)
Section 24. Disqualification by reason of
privileged communication. — The following
Requisites:
persons cannot testify as to matters learned in
confidence in the following cases: 1. There must be a communication made by the client to
the attorney, or an advice given by the attorney to his
(a) The husband or the wife, during or client;
after the marriage, cannot be examined 2. The communication or advice must be given in
confidence; and
without the consent of the other as to
3. The communication or advice must be given either in
any communication received in the course of the professional employment or with a
confidence by one from the other during view to professional employment.
the marriage except in a civil case by
one against the other, or in a criminal  Where a person consults an attorney, not as lawyer, but
merely as a friend, or a participant in a business
case for a crime committed by one
transaction, the consultation would not be one made in the
against the other or the latter's direct course of a professional employment or with a view to
descendants or ascendants; professional employment as required by Sec. 24(b), and if
so proven to be so, would not be within the ambit of the
Elements: privilege. (U.S. v. Tedder)

1. There must be a valid marriage between the husband Forms of the communication:
and wife;
2. There is a communication received in confidence by 1. Oral;
one from the other; and 2. Written;
3. The confidential communication was received during 3. Physical demonstration;
the marriage. 4. Transmitted by facsimile, cellular telephone, or other
electronic means.
Distinctions between marital disqualification rule (MDR) and
marital privileged communication rule (MPCR):  The privilege does not extend to communications where
the client’s purpose is the furtherance of a future intended
1. MDR includes facts, occurrences or information even crime or fraud, or for the purpose of committing a crime of
prior to the marriage, while MPDR applies only to a tort, or those made in furtherance of illicit activity.
confidential information received during the marriage; (Wigmore)
2. MDR can no longer be invoked once the marriage is
dissolved, while MPCR may be invoked even after the  Under the so-called “last link doctrine,” non-privileged
dissolution of marriage; information, such as the identity of the client, is protected if
3. MDR requires that the spouse against whom the the revelation of such information would necessarily reveal
testimony is offered is a party to the action, while privileged information.
MPCR applies whether the spouses are parties or
not;  When the client and attorney become embroiled in a
4. In MDR, the prohibition is a testimony for or against controversy between themselves, the privilege is removed
the other, while in MPCR, what is prohibited is the from the attorney’s lips. (Sokol v.Mortimer)
examination of a spouse as to matters received in
confidence by one from the other during the marriage.  In relation to the attorney, the privilege is owned by the
client. It is he who can invoke the privilege.
 The prerogative to object to a confidential communication
between the spouses is vested upon the spouse  The duty of a lawyer to preserve his client’s secrets and
themselves, particularly the communicating spouse, not a confidence outlasts the termination of the attorney-client
third person. relationship, and continues even after the client’s death.
(Mercado v. Vitriolo, 459 SCRA 1)

(b) An attorney cannot, without the  Matters disclosed by a prospective client to a lawyer are
consent of his client, be examined as to protected by the rule on privileged communication even if
 the prospective client does not thereafter retain the lawyer  Where the penitent discussed business arrangements with
or the latter declines the employment. (Mercado v. Vitriolo, the priest, the privilege does not apply. (U.S. v. Gordon)
supra)
(e) A public officer cannot be examined
 The communication must be given by the client because
of the professional relation in order for it to be privileged.
during his term of office or afterwards,
as to communications made to him in
Confidential communication – refers to information transmitted official confidence, when the court finds
by voluntary act of disclosure between attorney and client in that the public interest would suffer by
confidence and by means which, so far as the client is aware,
the disclosure.
discloses the information to no third person other than one
reasonably necessary for the transmission of the information or
the accomplishment of the purpose for which it was given Executive privilege – the power of the government to withhold
information from the public, the courts, and the Congress

 If the client seeks an accounting service or business or

personal assistance, and not legal advice, the privilege Some privileged matters:
does not attach to a communication disclosed for such
purpose. (Mercado v. Vitriolo, supra) 1. Military;
2. Diplomatic;
3. Other national security matters;
(c) A person authorized to practice
4. Information on investigations of crimes by law
medicine, surgery or obstetrics cannot in enforcement agencies before the prosecution;
a civil case, without the consent of the 5. Presidential conversations, correspondence, and
patient, be examined as to any advice or discussions in closed-door cabinet meetings.
treatment given by him or any
 Executive privilege can be invoked only in relation to
information which he may have acquired specific categories of information and not to categories of
in attending such patient in a persons. (Senate v. Ermita, 488 SCRA 1)
professional capacity, which information
was necessary to enable him to act in  When Congress exercises its powers of inquiry, the
department heads are not exempt by the mere fact that
capacity, and which would blacken the
they are department heads. Accordingly, only one
reputation of the patient; May be waived by executive official may be exempted from the power of
the patient inquiry of Congress – the President upon whom executive
power is vested and is beyond the reach of Congress
 The privilege cannot be claimed in a criminal case except through the power of impeachment.
presumably because the interest of the public in criminal
prosecution should be deemed more important that the
2. Testimonial Privilege
secrecy of information.

 RATIONALE: To encourage the patient to freely disclose Section 25. Parental and filial privilege. — No
all the matters which may aid in the diagnosis in the person may be compelled to testify against his
treatment of a disease of an injury. parents, other direct ascendants, children or
 The rule does not require that the relationship between the
other direct descendants. (20a) So pwede ra mag
physician and the patient be a result of a contractual
testify, di lang pwede pugson kung dili.
relationship.

 The physician may be said to be acting in a professional  The privilege belongs to the person compelled to testify.
capacity when he attends to the patient for either curative
or preventive treatment. Hence it is submitted that results  Under the parental privilege rule, a parent cannot be
of autopsies may not be deemed covered by the privilege compelled to testify against his child or other direct
because autopsies are not intended for treatment. ascendant.

 The privilege survives the death of the patient. (Bassil v.  Under the filial privilege rule, a child may not be compelled
Ford) to testify against his parents or other direct ascendants.

 No descendant may be compelled, in a criminal case, to

(d) A minister or priest cannot, without
testify against his parents and grandparents, except when
the consent of the person making the such testimony is indispensable in a crime, against the
confession, be examined as to any descendant or by one parent against the other. (Art. 215,
confession made to or any advice given Family Code)
by him in his professional character in
Other privileged communications:
the course of discipline enjoined by the
church to which the minister or priest 1. Editors may not be compelled to disclose the source
belongs; of published news;
 2. Voters may not be compelled to disclose for whom party’s reaction as an admission of something stated
they voted; or implied by the other person
3. Trade secrets;
4. Information contained in tax census returns; When adoptive admission occurs:
5. Bank deposits;
6. Information and statements made at conciliation 1. When a party expressly agrees to or concurs in an
proceedings. oral statement made by another;
2. When a party hears a statement and later on
3. Admissions and Confessions essentially repeats it;
3. When a party utters an acceptance or builds upon the
Section 26. Admission of a party. — The act, assertion of another;
4. When a party replies by way of rebuttal to some
declaration or omission of a party as to a specific points raised by another but ignores further
relevant fact may be given in evidence against points which he or she has heard the other make; or
him. (22) Definition of admission 5. When a party reads and subsequently signs a written
statement made by another.
Admission – a voluntary acknowledgement made by a party of
the existence of the truth of certain facts which are inconsistent Section 27. Offer of compromise not
with his claims in an action admissible. — In civil cases, an offer of
compromise is not an admission of any liability,
 Declarations of a party favorable to himself are not
and is not admissible in evidence against the
admissible as proof of the facts asserted. Such
declarations are self-serving. (Cole v. Ralph, 252 U.S. offeror.
286)
In criminal cases, except those involving quasi-
ADMISSION CONFESSION offenses (criminal negligence) or those allowed
There is mere a statement of There is an acknowledgement
fact not directly involving an of guilt
by law to be compromised, an offer of
acknowledgement of guilt or compromise by the accused may be received in
the criminal intent to commit evidence as an implied admission of guilt.
the offense with which one is
charged
A broader term which A specific type of admission A plea of guilty later withdrawn, or an
includes confession unaccepted offer of a plea of guilty to lesser
May be implied like admission Cannot be implied
by silence offense, is not admissible in evidence against
May be a declaration, act, or Only a declaration the accused who made the plea or offer.
omission

Admission distinguished from declarations against interest:

An offer to pay or the payment of medical,
hospital or other expenses occasioned by an
1. To be admitted as declaration against interest, the injury is not admissible in evidence as proof of
declarant must be dead or unable to testify; an civil or criminal liability for the injury. (24a)
admission is admissible in evidence even if the
person making such is alive and is in court;
Section 28. Admission by third party. — The
2. A declaration against interest is generally made
before the controversy arises; an admission is made rights of a party cannot be prejudiced by an act,
at any time, even during the trial; declaration, or omission of another, except as
3. A declaration against interest is generally made hereinafter provided. Res inter alios acta rule
against one’s pecuniary or moral interest; an
admission is admissible as long as it is inconsistent  This rule only has reference to extrajudicial declarations.
with his present claim of defense and need not be Hence, statements made in open court by a witness
against one’s pecuniary or moral interest; implicating persons, aside from his own judicial
4. A declaration against interest is admissible even admissions, are admissible as declarations from one who
against third persons; an admission is admissible only has personal knowledge of the facts testified to.
against the party making it; and
5. A declaration against interest is an exception to the
hearsay rule; an admission is not, and is admissible Section 29. Admission by co-partner or
not as an exception to any rule. agent. — The act or declaration of a partner or
agent of the party within the scope of his
Classification of admissions and confessions: authority and during the existence of the
partnership or agency, may be given in
1. Express or implied;
evidence against such party after the
2. Judicial or extrajudicial;
3. Adoptive – a party’s reaction to a statement or action partnership or agency is shown by evidence
by another person when it is reasonable to treat the other than such act or declaration. The same
rule applies to the act or declaration of a joint if not true, and when proper and possible for
owner, joint debtor, or other person jointly him to do so, may be given in evidence against
interested with the party. (26a) him.

Requisites for admissibility: For silence to be deemed an admission, it is necessary that:

1. That the act or declaration is made by a partner or 1. He heard and understood the statement;
agent of the party; 2. He was at liberty to make a denial;
2. That the act or declaration is made within the scope of 3. The statement was about a matter affecting his rights
his authority; or in which he was interested and which naturally
3. That the act or declaration is made during the calls for a response;
existence of the partnership or agency; 4. The facts were within his knowledge; and
4. That the existence of the partnership or agency is 5. The fact admitted from his silence is material to the
proven by evidence other the act or declaration of the issue. (People v. Paragsa, 84 SCRA 105)
partner or agent.
Section 33. Confession. — The declaration of an
Section 30. Admission by conspirator. — The accused acknowledging his guilt of the offense
act or declaration of a conspirator relating to charged, or of any offense necessarily included
the conspiracy and during its existence, may be therein, may be given in evidence against him.
given in evidence against the co-conspirator
after the conspiracy is shown by evidence other  When after an event, measure are taken which, if taken
than such act of declaration. previously, would have made the event less likely to occur,
evidence of the subsequent measures is not admissible to
prove negligence or culpable conduct in connection with
Requisites for admissibility:
the event. This rule does not require the exclusion of
evidence of subsequent measures when offered for
1. The declaration or act was made by a conspirator;
another purpose, such as proving ownership, control or
2. The declaration or act was made or done during the
feasibility of precautionary measures, if controverted, or
existence of the conspiracy;
impeachment. (FRE 407) Subsequent measure doctrine
3. The declaration or act must relate to the conspiracy;
and
4. The conspiracy must be shown by evidence other 4. Previous Conduct as Evidence
than such declaration or act.
Section 34. Similar acts as evidence. —
 The declarations referred to in Sec. 30 are merely Evidence that one did or did not do a certain
extrajudicial statements or declarations. When he testifies thing at one time is not admissible to prove that
as a witness, his statements become judicial and are
admissible not only against him but also against his co-
he did or did not do the same or similar thing at
accused. another time; but it may be received to prove a
specific intent or knowledge; identity, plan,
Section 31. Admission by privies. — Where one system, scheme, habit, custom or usage, and
derives title to property from another, the act, the like. (48a) Res inter alios acta rule
declaration, or omission of the latter, while
holding the title, in relation to the property, is  This rule only has reference to extrajudicial declarations.
evidence against the former.
Section 35. Unaccepted offer. — An offer in
Requisites for admissibility: writing to pay a particular sum of money or to
deliver a written instrument or specific personal
1. There must be an act, declaration or omission by a property is, if rejected without valid cause,
predecessor-in-interest; equivalent to the actual production and tender
2. The act, declaration, or omission of the predecessor
of the money, instrument, or property.
must have occurred while he was holding the title to
the property; and
3. The act, declaration or omission must be in relation to 5. Testimonial Knowledge; Hearsay Rule
the property.
Section 36. Testimony generally confined to
Section 32. Admission by silence. — An act or personal knowledge; hearsay excluded. — A
declaration made in the presence and within the witness can testify only to those facts which he
hearing or observation of a party who does or knows of his personal knowledge; that is, which
says nothing when the act or declaration is are derived from his own perception, except as
such as naturally to call for action or comment
otherwise provided in these rules. (30a) The Two classes of independently relevant statements:
Hearsay rule
1. Statements which are the very facts in issue;
2. Statements which are circumstantial evidence of the
 The rule against hearsay testimony rests mainly on the
fact in issue.
ground that there was no opportunity to cross-examine the
3. Statements of a person showing his state of mind,
declarant. (Patula v. People, 669 SCRA 135)
that is, his mental condition, knowledge, belief,
intention, ill-will and other emotions;
 Evidence is called hearsay when its probative force
4. Statements of a person which shows his physical
depends, in whole or in part, on the competency and condition, as illness and the like;
credibility of some persons other than the witness by 5. Statements of a person from which an inference may
whom it is sought to produce it. (Estrada v. Desierto, 356 be made as to the state of mind of another, that is
SCRA 108) knowledge, belief, motive, good or bad faith, etc of the
latter;
 Hearsay is not limited to oral testimony or statements. The 6. Statements which may identify the date, place, and
rule that excludes hearsay evidence applies to both written person in question; and
and oral statement. (D.M. Consuji, Inc. v. CA, 357 SCRA 7. Statements showing the lack of credibility of a
249) witness.

 Although hearsay evidence presupposes lack of personal

knowledge of the truth of the fact asserted by a witness, 6. Exceptions To The Hearsay Rule (They are
the purpose for which the evidence is offered is a vital hearsay but admissible) Hearsay jud sila...
element of hearsay evidence. It is the purpose for which
would determine whether the same is hearsay or not. Section 37. Dying declaration. — The
declaration of a dying person, made under the
 The ban on hearsay does not include statements which
consciousness of an impending death, may be
are relevant independently of whether they are true or not,
like statements of a person to show, among others, his received in any case wherein his death is the
state of mind, mental condition, knowledge, belief, subject of inquiry, as evidence of the cause and
intention, ill-will and other emotions. (Estrada v. Desierto, surrounding circumstances of such death.
supra) (BAR)
Specific elements of hearsay evidence:
 Dying declarations are admissible in favor of the
defendant as well as against him. (U.S. v. Antipolo, 37
1. Out-of-court statement not made by the declarant in
Phil. 726)
the hearing or tiral;
2. It is offered in evidence by the witness in court to
 The declarant’s belief in the imminence of his death can
prove the truth of the matters asserted by the
statement. (The second element is the important be shown by the declarant’s own statements or from
one.) circumstantial evidence, such as the nature of his wounds,
statements made in his presence, or by the opinion of his
Example: In a slander case, if a prosecution witness testifies physician. (People v. Salafranca, 666 SCRA 501)
that he heard the accused say that the complainant was a
thief, this testimony is admissible not to prove that the Requisites for the admissibility of a dying declaration:
complainant was really a thief, but merely to show that the
accused uttered those word. 1. The declaration is one made by a dying person;
2. The declaration is made by said dying person under
HEARSAY EVIDENCE OPINION EVIDENCE the consciousness of his impending death;
One that is not based on Based on the personal 3. The declaration refers to the cause and
one’s personal perception but knowledge or personal circumstances surrounding the death of the declarant
based on the knowledge of conclusions of the witness and not of anyone else;
others to prove the truth of based on his skill, training or
4. The declaration is offered in a case where the
the matter asserted in an out- experience
of-court declaration declarant’s death is the subject of inquiry;
5. The declarant is competent as a witness had he
 Newspaper articles amount to hearsay evidence twice survived;
removed and are therefore not only inadmissible but 6. The declarant should have died. (BAR)
without any probative value at all whether objected to or
not, unless offered for a purpose other than proving the  As a general rule, when a person is at the point of death,
truth of the matter asserted. (Feria v. CA, 325 SCRA 525) every motive of falsehood is silenced, and the mind is
induced by the most powerful consideration to speak the
Independently relevant statements – those statements which truth, and therefore, the statements under such
are relevant independently of whether they are true or not circumstances deserve great weight. (People v.
Bacunawa, 356 SCRA 482)

 No person who knows of his impending death would make

a careless or false accusation. A dying declaration is
 entitled to the highest respect. (People v. Lamasan, 403 2. The statement is about the reputation or tradition of
SCRA 243) the family is respect to the pedigree of any member of
the family; and
Section 38. Declaration against interest. — The 3. The reputation or tradition is one existing previous to
the controversy.
declaration made by a person deceased, or
unable to testify, against the interest of the
Section 41. Common reputation. — Common
declarant, if the fact is asserted in the
reputation existing previous to the controversy,
declaration was at the time it was made so far
respecting facts of public or general interest
contrary to declarant's own interest, that a
more than thirty years old, or respecting
reasonable man in his position would not have
marriage or moral character, may be given in
made the declaration unless he believed it to be
evidence. Monuments and inscriptions in public
true, may be received in evidence against
places may be received as evidence of common
himself or his successors in interest and
reputation. (35)
against third persons. (32a)
Section 42. Part of res gestae. — Statements
Section 39. Act or declaration about pedigree.
made by a person while a starting occurrence is
— The act or declaration of a person deceased,
taking place or immediately prior or subsequent
or unable to testify, in respect to the pedigree of
thereto with respect to the circumstances
another person related to him by birth or
thereof, may be given in evidence as part of res
marriage, may be received in evidence where it
gestae. (Spontaneous statements) So, also,
occurred before the controversy, and the
statements accompanying an equivocal act
relationship between the two persons is shown
material to the issue, and giving it a legal
by evidence other than such act or declaration.
significance, may be received as part of the res
gestae. (Verbal acts) (BAR)
The word "pedigree" includes relationship,
family genealogy, birth, marriage, death, the  The test of admissibility of evidence as a part of the res
dates when and the places where these fast gestae is whether the act, declaration, exclamation is so
occurred, and the names of the relatives. It intimately interwoven or connected with the principal fact
embraces also facts of family history intimately or event that it characterizes as to be regarded as a part of
the transaction itself, and also whether it clearly negatives
connected with pedigree. (33a)
any premeditation or purpose to manufacture testimony.
(People v. Villarico, Sr., 647 SCRA 43)
Requisites for the admissibility of act or declaration about
pedigree:  It has been held that in spontaneous exclamations or
statements, the res gestae is the startling occurrence,
1. The declarant is dead, or unable to testify; whereas in verbal acts, the res gestae are the statements
2. The declarant is related by birth or marriage to the accompanying the equivocal act. (Talidano v. Falcom, 558
person whose pedigree is in issue; SCRA 279)
3. The declaration was made before the controversy;
4. The relationship between the two persons is shown Requisites for the admissibility of spontaneous statements:
by evidence other than such act or declaration.
1. There is a startling event or occurrence taking place;
Section 40. Family reputation or tradition 2. A statement was made while the event is taking place
or immediately prior to or subsequent thereto;
regarding pedigree. — The reputation or
3. The statement was made before the declarant had
tradition existing in a family previous to the time to contrive or devise falsehood; and
controversy, in respect to the pedigree of any 4. The statement relates to the circumstances of the
one of its members, may be received in startling event or occurrence, or that the statements
evidence if the witness testifying thereon be must concern the occurrence in question and its
immediate attending circumstances.
also a member of the family, either by
consanguinity or affinity. Entries in family  If there is not showing in the records that the victim was
bibles or other family books or charts, under a consciousness of an impending death at the time
engravings on rings, family portraits and the of his declaration that the accused was the one who shot
him, the same is not admissible as a dying declaration, but
like, may be received as evidence of pedigree.
because it was made shortly after a startling occurrence
and under the influence thereof, it is nonetheless
Requisites: admissible as part of the res gestae. (People v. Espina,
361 SCRA 701)
1. A statement by a member of the family either by
consanguinity or affinity; Requisites for the admissibility of verbal acts:
 compilation is published for use by persons
1. The principal act to be characterized must be engaged in that occupation and is generally
equivocal;
2. The equivocal act must be material to the issue;
used and relied upon by them therein. (39)
3. The statement must accompany the equivocal act;
and Section 46. Learned treatises. — A published
4. The statement gives a legal significance to the treatise, periodical or pamphlet on a subject of
equivocal act.
history, law, science, or art is admissible as
tending to prove the truth of a matter stated
Section 43. Entries in the course of business. —
therein if the court takes judicial notice, or a
Entries made at, or near the time of
witness expert in the subject testifies, that the
transactions to which they refer, by a person
writer of the statement in the treatise, periodical
deceased, or unable to testify, who was in a
or pamphlet is recognized in his profession or
position to know the facts therein stated, may
calling as expert in the subject. (40a)
be received as prima facie evidence, if such
person made the entries in his professional
Section 47. Testimony or deposition at a former
capacity or in the performance of duty and in
proceeding. — The testimony or deposition of a
the ordinary or regular course of business or
witness deceased or unable to testify, given in a
duty. (37a)
former case or proceeding, judicial or
administrative, involving the same parties and
Requisites for the admissibility of entries in the course of
business: subject matter, may be given in evidence
against the adverse party who had the
1. The person who made the entry must be dead or opportunity to cross-examine him. (41a)
unable to testify;
2. The entries were made at or near the time of the 7. Opinion Rule
transactions to which they refer;
3. The entrant was in a position to know the facts stated
in the entries; Section 48. GENERAL RULE. — The opinion of
4. The entries were made in his professional capacity or witness is not admissible, except as indicated
in the performance of a duty, whether legal, in the following sections. (BAR)
contractual, moral, or religious; and
5. The entries were made in the ordinary or regular
course of business.
Section 49. Opinion of expert witness. — The
opinion of a witness on a matter requiring
Section 44. Entries in official records. — Entries special knowledge, skill, experience or training
in official records made in the performance of which he shown to posses, may be received in
his duty by a public officer of the Philippines, or evidence. (BAR)
by a person in the performance of a duty
 Expert opinions are not ordinarily conclusive. When faced
specially enjoined by law, are prima facie
with conflicting expert opinions, courts give weight and
evidence of the facts therein stated. (38) credence to that which is more complete, thorough and
scientific. (Bacalso v. Padigos, 552 SCRA 185)
Requisites for the admissibility of entries in official records:
 The resort to handwriting experts, although helpful in the
1. The entry was made by a public officer or by another examination of forged documents because of the technical
person specially enjoined by law to do so; procedure involved in analyzing them, is not mandatory or
2. It was made by the public officer, or by such other indispensable to the examination or comparison of
person in the performance of a duty specially enjoined handwriting, and a finding of forgery does not entirely
by law; and depend upon the testimony of these experts. (Libres v.
3. The public officer or other person had sufficient Delos Santos, 554 SCRA 642)
knowledge of the facts by him or her stated, which
must have been acquired by the public officer or other Section 50. Opinion of ordinary witnesses. —
person personally or through official information.
The opinion of a witness for which proper basis
is given, may be received in evidence regarding
Section 45. Commercial lists and the like. —
—
Evidence of statements of matters of interest to
persons engaged in an occupation contained in (a) the identity of a person about whom
a list, register, periodical, or other published he has adequate knowledge;
compilation is admissible as tending to prove
the truth of any relevant matter so stated if that
 (b) A handwriting with which he has A.M. No. 12-8-8-SC
sufficient familiarity; and JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in

(c) The mental sanity of a person with cities, given the huge volume of cases filed each year and the
whom he is sufficiently acquainted. slow and cumbersome adversarial syste1n that the judiciary
has in place;
The witness may also testify on his impressions
of the emotion, behavior, condition or Whereas, about 40% of criminal cases are dismissed annually
owing to the fact that complainants simply give up con1ing to
appearance of a person. (BAR)
court after repeated postponements;

8. Character Evidence Whereas, few foreign businessmen make long-term

investments in the Philippines because its courts are unable to
Section 51. Character evidence not generally provide ample and speedy protection to their investments,
admissible; exceptions: — keeping its people poor;

Whereas, in order to reduce the time needed for completing

(a) In Criminal Cases:
the testimonies of witnesses in cases under litigation, on
February 21, 2012 the Supreme Court approved for piloting by
(1) The accused may prove his trial courts in Quezon City the compulsory use of judicial
good moral character which is affidavits in place of the direct testimonies of witnesses;
pertinent to the moral trait
Whereas, it is reported that such piloting has quickly resulted in
involved in the offense charged.
reducing by about two-thirds the time used for presenting the
testimonies of witnesses, thus speeding up the hearing and
(2) Unless in rebuttal, the adjudication of cases;
prosecution may not prove his
bad moral character which is Whereas, the Supreme Court Committee on the Revision of
pertinent to the moral trait the Rules of Court, headed by Senior Associate Justice
Antonio T. Carpio, and the Sub-Committee on the Revision of
involved in the offense charged.
the Rules on Civil Procedure, headed by Associate Justice
Roberto A. Abad, have recommended for adoption a Judicial
(3) The good or bad moral Affidavit Rule that will replicate nationwide the success of the
character of the offended party Quezon City experience in the use of judicial affidavits; and
may be proved if it tends to
establish in any reasonable Whereas, the Supreme Court En Banc finds merit in the
recommendation;
degree the probability or
improbability of the offense NOW, THEREFORE, the Supreme Court En Banc hereby
charged. issues and promulgates the following:

(b) In Civil Cases: Section 1. Scope. - (a) This Rule shall apply to all actions,
proceedings, and incidents requiring the reception of evidence
before:
Evidence of the moral character of a
party in civil case is admissible only
(1) The Metropolitan Trial Courts, the
when pertinent to the issue of character Municipal Trial Courts in Cities, the Municipal
involved in the case. Trial Courts, the Municipal Circuit Trial
Courts, and the Shari' a Circuit Courts but
(c) In the case provided for in Rule 132, shall not apply to small claims cases under
A.M. 08-8-7-SC;
Section 14. (46a, 47a)
(2) The Regional Trial Courts and the Shari'a
Section 14. Evidence of good character of
District Courts;
witness. — Evidence of the good character of a witness is not
admissible until such character has been impeached.
(3) The Sandiganbayan, the Court of Tax
Appeals, the Court of Appeals, and the
Shari'a Appellate Courts;

(4) The investigating officers and bodies

authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the
Philippine (IBP); and
 (5) The special courts and quasi-judicial (d) Questions asked of the witness and his
bodies, whose rules of procedure are subject corresponding answers, consecutively numbered,
to disapproval of the Supreme Court, insofar that:
as their existing rules of procedure
contravene the provisions of this Rule. (1) Show the circumstances under which the
witness acquired the facts upon which he
(b) For the purpose of brevity, the above courts, testifies;
quasi-judicial bodies, or investigating officers shall be
uniformly referred to here as the "court." (2) Elicit from him those facts which are
relevant to the issues that the case presents;
Section 2. Submission of Judicial Affidavits and Exhibits in lieu and
of direct testimonies. - (a) The parties shall file with the court
and serve on the adverse party, personally or by licensed (3) Identify the attached documentary and
courier service, not later than five days before pre-trial or object evidence and establish their
preliminary conference or the scheduled hearing with respect authenticity in accordance with the Rules of
to motions and incidents, the following: Court;

(1) The judicial affidavits of their witnesses, (e) The signature of the witness over his printed
which shall take the place of such witnesses' name; and
direct testimonies; and
(f) A jurat with the signature of the notary public who
(2) The parties' docun1entary or object administers the oath or an officer who is authorized by
evidence, if any, which shall be attached to law to administer the same.
the judicial affidavits and marked as Exhibits
A, B, C, and so on in the case of the Section 4. Sworn attestation of the lawyer. - (a) The judicial
complainant or the plaintiff, and as Exhibits affidavit shall contain a sworn attestation at the end, executed
1, 2, 3, and so on in the case of the by the lawyer who conducted or supervised the examination of
respondent or the defendant. the witness, to the effect that:

(b) Should a party or a witness desire to keep the (1) He faithfully recorded or caused to be
original document or object evidence in his recorded the questions he asked and the
possession, he may, after the same has been corresponding answers that the witness
identified, marked as exhibit, and authenticated, gave; and
warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful
(2) Neither he nor any other person then
copy or reproduction of that original. In addition, the
present or assisting him coached the witness
party or witness shall bring the original document or
regarding the latter's answers.
object evidence for comparison during the preliminary
conference with the attached copy, reproduction, or
pictures, failing which the latter shall not be admitted. (b) A false attestation shall subject the lawyer
mentioned to disciplinary action, including disbarment.
This is without prejudice to the introduction of secondary
evidence in place of the original when allowed by existing Section 5. Subpoena. - If the government employee or official,
rules. or the requested witness, who is neither the witness of the
adverse party nor a hostile witness, unjustifiably declines to
execute a judicial affidavit or refuses without just cause to
Section 3. Contents of judicial Affidavit. - A judicial affidavit
make the relevant books, documents, or other things under his
shall be prepared in the language known to the witness and, if
control available for copying, authentication, and eventual
not in English or Filipino, accompanied by a translation in
production in court, the requesting party may avail himself of
English or Filipino, and shall contain the following:
the issuance of a subpoena ad testificandum or duces
tecum under Rule 21 of the Rules of Court. The rules
(a) The name, age, residence or business address, governing the issuance of a subpoena to the witness in this
and occupation of the witness; case shall be the same as when taking his deposition except
that the taking of a judicial affidavit shal1 be understood to
(b) The name and address of the lawyer who be ex parte.
conducts or supervises the examination of the witness
and the place where the examination is being held; Section 6. Offer of and objections to testimony in judicial
affidavit. - The party presenting the judicial affidavit of his
(c) A statement that the witness is answering the witness in place of direct testimony shall state the purpose of
questions asked of him, fully conscious that he does such testimony at the start of the presentation of the witness.
so under oath, and that he may face criminal liability The adverse party may move to disqualify the witness or to
for false testimony or perjury; strike out his affidavit or any of the answers found in it on
ground of inadmissibility. The court shall promptly rule on the
motion and, if granted, shall cause the marking of any
excluded answer by placing it in brackets under the initials of
an authorized court personnel, without prejudice to a tender of testimonies of the accused and his witnesses when
excluded evidence under Section 40 of Rule 132 of the Rules they appear before the court to testify.
of Court.
Section 10. Effect of non-compliance with the judicial Affidavit
Section 7. Examination of the witness on his judicial affidavit. - Rule. - (a) A party who fails to submit the required judicial
The adverse party shall have the right to cross-examine the affidavits and exhibits on time shall be deemed to have waived
witness on his judicial affidavit and on the exhibits attached to their submission. The court may, however, allow only once the
the same. The party who presents the witness may also late submission of the same provided, the delay is for a valid
examine him as on re-direct. In every case, the court shall take reason, would not unduly prejudice the opposing party, and the
active part in examining the witness to determine his credibility defaulting party pays a fine of not less than P 1,000.00 nor
as well as the truth of his testimony and to elicit the answers more than P5,000.00 at the discretion of the court.
that it needs for resolving the issues.
(b) The court shall not consider the affidavit of any
Section 8. Oral offer of and objections to exhibits. - (a) Upon witness who fails to appear at the scheduled hearing
the termination of the testimony of his last witness, a party of the case as required. Counsel who fails to appear
shall immediately make an oral offer of evidence of his without valid cause despite notice shall be deemed to
documentary or object exhibits, piece by piece, in their have waived his client's right to confront by cross-
chronological order, stating the purpose or purposes for which examination the witnesses there present.
he offers the particular exhibit.
(c) The court shall not admit as evidence judicial
(b) After each piece of exhibit is offered, the adverse affidavits that do not conform to the content
party shall state the legal ground for his objection, if requirements of Section 3 and the attestation
any, to its admission, and the court shall immediately requirement of Section 4 above. The court may,
make its ruling respecting that exhibit. however, allow only once the subsequent submission
of the compliant replacement affidavits before the
(c) Since the documentary or object exhibits form part hearing or trial provided the delay is for a valid reason
of the judicial affidavits that describe and authenticate and would not unduly prejudice the opposing party
them, it is sufficient that such exhibits are simply cited and provided further, that public or private counsel
by their markings during the offers, the objections, responsible for their preparation and submission pays
and the rulings, dispensing with the description of a fine of not less than P1,000.00 nor more
each exhibit. than P 5,000.00, at the discretion of the court.

Section 9. Application of rule to criminal actions. - (a) This rule  The waiver would mean that a party who failed to submit
shall apply to all criminal actions: the judicial affidavit of a particular witness would have no
direct testimony for that witness and the documentary
(1) Where the maximum of the imposable evidence or object evidence integrated with such affidavit
penalty does not exceed six years; could not be identified, marked as an exhibit, and
authenticated. In effect, the exhibit could not be offered in
evidence.
(2) Where the accused agrees to the use of
judicial affidavits, irrespective of the penalty
 If the waiver extends to the required affidavits of all the
involved; or
witnesses of a party because all the judicial affidavits were
not file and served, then said party is deemed to have not
(3) With respect to the civil aspect of the presented his evidence-in-chief for his case.
actions, whatever the penalties involved are.
Section 11. Repeal or modification of inconsistent rules. - The
(b) The prosecution shall submit the judicial affidavits provisions of the Rules of Court and the rules of procedure
of its witnesses not later than five days before the pre- governing investigating officers and bodies authorized by the
trial, serving copies if the same upon the accused. Supreme Court to receive evidence are repealed or modified
The complainant or public prosecutor shall attach to insofar as these are inconsistent with the provisions of this
the affidavits such documentary or object evidence as Rule.1âwphi1
he may have, marking them as Exhibits A, B, C, and
so on. No further judicial affidavit, documentary, or
The rules of procedure governing quasi-judicial bodies
object evidence shall be admitted at the trial.
inconsistent herewith are hereby disapproved.

(c) If the accused desires to be heard on his defense

Section 12. Effectivity. - This rule shall take effect on January
after receipt of the judicial affidavits of the
1, 2013 following its publication in two newspapers of general
prosecution, he shall have the option to submit his
circulation not later than September 15, 2012. It shall also
judicial affidavit as well as those of his witnesses to
apply to existing cases.
the court within ten days from receipt of such
affidavits and serve a copy of each on the public and
private prosecutor, including his documentary and
object evidence previously marked as Exhibits 1, 2, 3,
and so on. These affidavits shall serve as direct
RULE ON EXAMINATION OF A CHILD WITNESS (A.M. 004- It also means the least detrimental available
07-SC) alternative for safeguarding the growth and
development of the child.
Section 1. Applicability of the Rule. - Unless otherwise
provided, this Rule shall govern the examination of child (h) "Developmental level" refers to the specific growth
witnesses who are victims of crime, accused of a crime, and phase in which most individuals are expected to
witnesses to crime. It shall apply in all criminal proceedings behave and function in relation to the advancement of
and non-criminal proceedings involving child witnesses. their physical, socio-emotional, cognitive, and moral
abilities.
Section 2. Objectives. - The objectives of this Rule are to
create and maintain an environment that will allow children to (i) "In-depth investigative interview" or "disclosure
give reliable and complete evidence, minimize trauma to interview" is an inquiry or proceeding conducted by
children, encourage children to testify in legal proceedings, and duly trained members of a multidisciplinary team or
facilitate the ascertainment of truth. representatives of law enforcement or child protective
services for the purpose of determining whether child
Section 3. Construction of the Rule. - This Rule shall be abuse has been committed.
liberally construed to uphold the best interests of the child and
to promote maximum accommodation of child witnesses Section 5. Guardian ad litem. -
without prejudice to the constitutional rights of the accused.
(a) The court may appoint a guardian ad litem for a
Section 4. Definitions. - child who is a victim of, accused of, or a witness to a
crime to promote the best interests of the child. In
(a) A "child witness" is any person who at the time of making the appointment, the court shall consider the
giving testimony is below the age of eighteen (18) background of the guardian ad litem and his familiarity
years. In child abuse cases, a child includes one over with the judicial process, social service programs, and
eighteen (18) years but is found by the court as child development, giving preference to the parents of
unable to fully take care of himself or protect himself the child, if qualified. The guardian ad litem may be a
from abuse, neglect, cruelty, exploitation, or member of the Philippine Bar. A person who is a
discrimination because of a physical or mental witness in any proceeding involving the child cannot
disability or condition. be appointed as a guardian ad litem.

(b) "Child abuse" means physical, psychological, or (b) The guardian ad litem:
sexual abuse, and criminal neglect as defined in
Republic Act No. 7610 and other related laws. (1) Shall attend all interviews, depositions,
hearings, and trial proceedings in which a
(c) "Facilitator" means a person appointed by the child participates;
court to pose questions to a child.
(2) Shall make recommendations to the court
(d) "Record regarding a child" or "record" means any concerning the welfare of the child;
photograph, videotape, audiotape, film, handwriting,
typewriting, printing, electronic recording, computer (3) Shall have access to all reports,
data or printout, or other memorialization, including evaluations, and records necessary to
any court document, pleading, or any copy or effectively advocate for the child, except
reproduction of any of the foregoing, that contains the privileged communications;
name, description, address, school, or any other
personal identifying information about a child or his (4) Shall marshal and coordinate the delivery
family and that is produced or maintained by a public of resources and special services to the
agency, private agency, or individual. child;

(e) A "guardian ad litem" is a person appointed by the (5) Shall explain, in language
court where the case is pending for a child who is a understandable to the child, all legal
victim of, accused of, or a witness to a crime to proceedings, including police investigations,
protect the best interests of the said child. in which the child is involved;

(f) A "support person" is a person chosen by the child (6) Shall assist the child and his family in
to accompany him to testify at or attend a judicial coping with the emotional effects of crime
proceeding or deposition to provide emotional support and subsequent criminal or non-criminal
for him. proceedings in which the child is involved;

(g) "Best interests of the child" means the totality of (7) May remain with the child while the child
the circumstances and conditions as are most waits to testify;
congenial to the survival, protection, and feelings of
security of the child and most encouraging to his (8) May interview witnesses; and
physical, psychological, and emotional development.
 (9) May request additional examinations by judge. Counsel for the parties, however, can submit
medical or mental health professionals if questions to the judge that he may, in his discretion,
there is a compelling need therefor. ask the child.

(c) The guardian ad litem shall be notified of all (e) Developmentally appropriate questions. - The
proceedings but shall not participate in the trial. questions asked at the competency examination shall
However, he may file motions pursuant to sections 9, be appropriate to the age and developmental level of
10, 25, 26, 27 and 31(c). If the guardian ad litem is a the child; shall not be related to the issues at trial; and
lawyer, he may object during trial that questions shall focus on the ability of the child to remember,
asked of the child are not appropriate to his communicate, distinguish between truth and
developmental level. falsehood, and appreciate the duty to testify truthfully.

(d) The guardian ad litem may communicate concerns (f) Continuing duty to assess competence. - The court
regarding the child to the court through an officer of has the duty of continuously assessing the
the court designated for that purpose. competence of the child throughout his testimony.

(e) The guardian ad litem shall not testify in any Section 7. Oath or affirmation. - Before testifying, a child
proceeding concerning any information, statement, or shall take an oath or affirmation to tell the truth.
opinion received from the child in the course of
serving as a guardian ad litem, unless the court finds Section 8. Examination of a child witness. - The
it necessary to promote the best interests of the child. examination of a child witness presented in a hearing or any
proceeding shall be done in open court. Unless the witness is
(f) The guardian ad litem shall be presumed to have incapacitated to speak, or the question calls for a different
acted in good faith in compliance with his duties mode of answer, the answers of the witness shall be given
described in sub-section (b). orally.

Section 6. Competency. - Every child is presumed qualified to The party who presents a child witness or the guardian ad
be a witness. However, the court shall conduct a competency litem of such child witness may, however, move the court to
examination of a child, motu proprio or on motion of a party, allow him to testify in the manner provided in this Rule.
when it finds that substantial doubt exists regarding the ability
of the child to perceive, remember, communicate, distinguish Section 9. Interpreter for child. -
truth from falsehood, or appreciate the duty to tell the truth in
court. (a) When a child does not understand the English or
Filipino language or is unable to communicate in said
(a) Proof of necessity. - A party seeking a languages due to his developmental level, fear,
competency examination must present proof of shyness, disability, or other similar reason, an
necessity of competency examination. The age of the interpreter whom the child can understand and who
child by itself is not a sufficient basis for a understands the child may be appointed by the court,
competency examination. motu proprio or upon motion, to interpret for the child.

(b) Burden of proof. - To rebut the presumption of (b) If a witness or member of the family of the child is
competence enjoyed by a child, the burden of proof the only person who can serve as an interpreter for
lies on the party challenging his competence. the child, he shall not be disqualified and may serve
as the interpreter of the child. The interpreter,
(c) Persons allowed at competency examination. Only however, who is also a witness, shall testify ahead of
the following are allowed to attend a competency the child.
examination:
(c) An interpreter shall take an oath or affirmation to
(1) The judge and necessary court make a true and accurate interpretation.
personnel;
Section 10. Facilitator to pose questions to child. -
(2) The counsel for the parties;
(a) The court may, motu proprio or upon motion,
(3) The guardian ad litem; appoint a facilitator if it determines that the child is
unable to understand or respond to questions asked.
(4) One or more support persons for the The facilitator may be a child psychologist,
child; and psychiatrist, social worker, guidance counselor,
teacher, religious leader, parent, or relative.
(5) The defendant, unless the court
determines that competence can be fully (b) If the court appoints a facilitator, the respective
evaluated in his absence. counsels for the parties shall pose questions to the
child only through the facilitator. The questions shall
(d) Conduct of examination. - Examination of a child either be in the words used by counsel or, if the child
as to his competence shall be conducted only by the is not likely to understand the same, in words that are
 comprehensible to the child and which convey the or leaving the witness stand. The judge need not wear his
meaning intended by counsel. judicial robe.

(c) The facilitator shall take an oath or affirmation to Nothing in this section or any other provision of law, except
pose questions to the child according to the meaning official in-court identification provisions, shall be construed to
intended by counsel. require a child to look at the accused.

Section 11. Support persons. - Accommodations for the child under this section need not be
supported by a finding of trauma to the child.
(a) A child testifying at a judicial proceeding or making
a deposition shall have the right to be accompanied Section 14. Testimony during appropriate hours. - The
by one or two persons of his own choosing to provide court may order that the testimony of the child should be taken
him emotional support. during a time of day when the child is well-rested.

(1) Both support persons shall remain within Section 15. Recess during testimony. -
the view of the child during his testimony.
The child may be allowed reasonable periods of relief while
(2) One of the support persons may undergoing direct, cross, re-direct, and re-cross examinations
accompany the child to the witness stand, as often as necessary depending on his developmental level.
provided the support person does not
completely obscure the child from the view of Section 16. Testimonial aids. - The court shall permit a child
the opposing party, judge, or hearing officer. to use dolls, anatomically-correct dolls, puppets, drawings,
mannequins, or any other appropriate demonstrative device to
(3) The court may allow the support person assist him in his testimony.
to hold the hand of the child or take other
appropriate steps to provide emotional Section 17. Emotional security item. - While testifying, a
support to the child in the course of the child shall be allowed to have an item of his own choosing
proceedings. such as a blanket, toy, or doll.

(4) The court shall instruct the support Section 18. Approaching the witness. - The court may
persons not to prompt, sway, or influence the prohibit a counsel from approaching a child if it appears that
child during his testimony. the child is fearful of or intimidated by the counsel.

(b) If the support person chosen by the child is also a Section 19. Mode of questioning. - The court shall exercise
witness, the court may disapprove the choice if it is control over the questioning of children so as to (1) facilitate
sufficiently established that the attendance of the the ascertainment of the truth, (2) ensure that questions are
support person during the testimony of the child would stated in a form appropriate to the developmental level of the
pose a substantial risk of influencing or affecting the child, (3) protect children from harassment or undue
content of the testimony of the child. embarrassment, and (4) avoid waste of time.

(c) If the support person who is also a witness is The court may allow the child witness to testify in a narrative
allowed by the court, his testimony shall be presented form.
ahead of the testimony of the child.
Section 20. Leading questions. - The court may allow
Section 12. Waiting area for child witnesses. - The courts leading questions in all stages of examination of a child if the
are encouraged to provide a waiting area for children that is same will further the interests of justice.
separate from waiting areas used by other persons. The
waiting area for children should be furnished so as to make a Section 21. Objections to questions. - Objections to
child comfortable. questions should be couched in a manner so as not to mislead,
confuse, frighten, or intimidate the child.
Section 13. Courtroom environment. - To create a more
comfortable environment for the child, the court may, in its Section 22. Corroboration. - Corroboration shall not be
discretion, direct and supervise the location, movement and required of a testimony of a child. His testimony, if credible by
deportment of all persons in the courtroom including the itself, shall be sufficient to support a finding of fact, conclusion,
parties, their counsel, child, witnesses, support persons, or judgment subject to the standard of proof required in
guardian ad litem, facilitator, and court personnel. The child criminal and non-criminal cases.
may be allowed to testify from a place other than the witness
chair. The witness chair or other place from which the child
Section 23. Excluding the public. - When a child testifies, the
testifies may be turned to facilitate his testimony but the
court may order the exclusion from the courtroom of all
opposing party and his counsel must have a frontal or profile
persons, including members of the press, who do not have a
view of the child during the testimony of the child. The witness
direct interest in the case. Such an order may be made to
chair or other place from which the child testifies may also be
protect the right to privacy of the child or if the court determines
rearranged to allow the child to see the opposing party and his
on the record that requiring the child to testify in open court
counsel, if he chooses to look at them, without turning his body
would cause psychological harm to him, hinder the
ascertainment of truth, or result in his inability to effectively (2) His physical and mental health, including
communicate due to embarrassment, fear, or timidity. In any mental or physical disability;
making its order, the court shall consider the developmental
level of the child, the nature of the crime, the nature of his (3) Any physical, emotional, or psychological
testimony regarding the crime, his relationship to the accused injury experienced by him;
and to persons attending the trial, his desires, and the interests
of his parents or legal guardian. The court may, motu proprio, (4) The nature of the alleged abuse;
exclude the public from the courtroom if the evidence to be
produced during trial is of such character as to be offensive to
(5) Any threats against the child;
decency or public morals. The court may also, on motion of the
accused, exclude the public from trial, except court personnel
and the counsel of the parties. (6) His relationship with the accused or
adverse party;
Section 24. Persons prohibited from entering and leaving
courtroom. - The court may order that persons attending the (7) His reaction to any prior encounters with
trial shall not enter or leave the courtroom during the testimony the accused in court or elsewhere;
of the child.
(8) His reaction prior to trial when the topic of
Section 25. Live-link television testimony in criminal cases testifying was discussed with him by parents
where the child is a victim or a witness. - or professionals;

(a) The prosecutor, counsel or the guardian ad litem (9) Specific symptoms of stress exhibited by
may apply for an order that the testimony of the child the child in the days prior to testifying;
be taken in a room outside the courtroom and be
televised to the courtroom by live-link television. (10) Testimony of expert or lay witnesses;

Before the guardian ad litem applies for an order (11) The custodial situation of the child and
under this section, he shall consult the prosecutor or the attitude of the members of his family
counsel and shall defer to the judgment of the regarding the events about which he will
prosecutor or counsel regarding the necessity of testify; and
applying for an order. In case the guardian ad ltiem is
convinced that the decision of the prosecutor or (12) Other relevant factors, such as court
counsel not to apply will cause the child serious atmosphere and formalities of court
emotional trauma, he himself may apply for the order. procedure.

The person seeking such an order shall apply at least (f) The court may order that the testimony of the child
five (5) days before the trial date, unless the court be taken by live-link television if there is a substantial
finds on the record that the need for such an order likelihood that the child would suffer trauma from
was not reasonably foreseeable. testifying in the presence of the accused, his counsel
or the prosecutor as the case may be. The trauma
(b) The court may motu proprio hear and determine, must be of a kind which would impair the
with notice to the parties, the need for taking the completeness or truthfulness of the testimony of the
testimony of the child through live-link television. child. BAR

(c) The judge may question the child in chambers, or (g) If the court orders the taking of testimony by live-
in some comfortable place other than the courtroom, link television:
in the presence of the support person, guardian ad
litem, prosecutor, and counsel for the parties. The (1) The child shall testify in a room separate
questions of the judge shall not be related to the from the courtroom in the presence of the
issues at trial but to the feelings of the child about guardian ad litem; one or both of his support
testifying in the courtroom. persons; the facilitator and interpreter, if any;
a court officer appointed by the court;
(d) The judge may exclude any person, including the persons necessary to operate the closed-
accused, whose presence or conduct causes fear to circuit television equipment; and other
the child. persons whose presence are determined by
the court to be necessary to the welfare and
(e) The court shall issue an order granting or denying well-being of the child;
the use of live-link television and stating the reasons
therefor. It shall consider the following factors: (2) The judge, prosecutor, accused, and
counsel for the parties shall be in the
(1) The age and level of development of the courtroom. The testimony of the child shall
child; be transmitted by live-link television into the
courtroom for viewing and hearing by the
judge, prosecutor, counsel for the parties,
 accused, victim, and the public unless (1) The prosecutor;
excluded.
(2) The defense counsel;
(3) If it is necessary for the child to identify
the accused at trial, the court may allow the (3) The guardian ad litem;
child to enter the courtroom for the limited
purpose of identifying the accused, or the (4) The accused, subject to sub-section (e);
court may allow the child to identify the
accused by observing the image of the latter
(5) Other persons whose presence is
on a television monitor.
determined by the court to be necessary to
the welfare and well-being of the child;
(4) The court may set other conditions and
limitations on the taking of the testimony that
(6) One or both of his support persons, the
it finds just and appropriate, taking into
facilitator and interpreter, if any;
consideration the best interests of the child.

(7) The court stenographer; and

(h) The testimony of the child shall be preserved on
videotape, digital disc, or other similar devices which
shall be made part of the court record and shall be (8) Persons necessary to operate the
subject to a protective order as provided in section videotape equipment.
31(b).
(d) The rights of the accused during trial, especially
Section 26. Screens, one-way mirrors, and other devices the right to counsel and to confront and cross-
to shield child from accused. - examine the child, shall not be violated during the
deposition.
(a) The prosecutor or the guardian ad litem may apply
for an order that the chair of the child or that a screen (e) If the order of the court is based on evidence that
or other device be placed in the courtroom in such a the child is unable to testify in the physical presence
manner that the child cannot see the accused while of the accused, the court may direct the latter to be
testifying. Before the guardian ad litem applies for an excluded from the room in which the deposition is
order under this section, he shall consult with the conducted. In case of exclusion of the accused, the
prosecutor or counsel subject to the second and third court shall order that the testimony of the child be
paragraphs of section 25(a) of this Rule. The court taken by live-link television in accordance with section
shall issue an order stating the reasons and 25 of this Rule. If the accused is excluded from the
describing the approved courtroom arrangement. deposition, it is not necessary that the child be able to
view an image of the accused.
(b) If the court grants an application to shield the child
from the accused while testifying in the courtroom, the (f) The videotaped deposition shall be preserved and
courtroom shall be arranged to enable the accused to stenographically recorded. The videotape and the
view the child. stenographic notes shall be transmitted to the clerk of
the court where the case is pending for safekeeping
and shall be made a part of the record.
Section 27. Videotaped deposition. -

(g) The court may set other conditions on the taking of

(a) The prosecutor, counsel, or guardian ad litem may
the deposition that it finds just and appropriate, taking
apply for an order that a deposition be taken of the
into consideration the best interests of the child, the
testimony of the child and that it be recorded and
constitutional rights of the accused, and other relevant
preserved on videotape. Before the guardian ad litem
factors.
applies for an order under this section, he shall
consult with the prosecutor or counsel subject to the
second and third paragraphs of section 25(a). (h) The videotaped deposition and stenographic notes
shall be subject to a protective order as provided in
section 31(b).
(b) If the court finds that the child will not be able to
testify in open court at trial, it shall issue an order that
the deposition of the child be taken and preserved by (i) If, at the time of trial, the court finds that the child is
videotape. unable to testify for a reason stated in section 25(f) of
this Rule, or is unavailable for any reason described
in section 4(c), Rule 23 of the 1997 Rules of Civil
(c) The judge shall preside at the videotaped
Procedure, the court may admit into evidence the
deposition of a child. Objections to deposition
videotaped deposition of the child in lieu of his
testimony or evidence, or parts thereof, and the
testimony at the trial. The court shall issue an order
grounds for the objection shall be stated and shall be
stating the reasons therefor.
ruled upon at the time of the taking of the deposition.
The other persons who may be permitted to be
present at the proceeding are: (j) After the original videotaping but before or during
trial, any party may file any motion for additional
videotaping on the ground of newly discovered
 evidence. The court may order an additional (d) When the child witness is unavailable, his hearsay
videotaped deposition to receive the newly discovered testimony shall be admitted only if corroborated by
evidence. other admissible evidence.

Section 28. Hearsay exception in child abuse cases. - A Section 29. Admissibility of videotaped and audiotaped in-
statement made by a child describing any act or attempted act depth investigative or disclosure interviews in child abuse
of child abuse, not otherwise admissible under the hearsay cases. - The court may admit videotape and audiotape in-
rule, may be admitted in evidence in any criminal or non- depth investigative or disclosure interviews as evidence, under
criminal proceeding subject to the following rules: the following conditions:

(a) Before such hearsay statement may be admitted, (a) The child witness is unable to testify in court on
its proponent shall make known to the adverse party grounds and under conditions established under
the intention to offer such statement and its section 28 (c).
particulars to provide him a fair opportunity to object.
If the child is available, the court shall, upon motion of (b) The interview of the child was conducted by duly
the adverse party, require the child to be present at trained members of a multidisciplinary team or
the presentation of the hearsay statement for cross- representatives of law enforcement or child protective
examination by the adverse party. When the child is services in situations where child abuse is suspected
unavailable, the fact of such circumstance must be so as to determine whether child abuse occurred.
proved by the proponent.
(c) The party offering the videotape or audiotape must
(b) In ruling on the admissibility of such hearsay prove that:
statement, the court shall consider the time, content
and circumstances thereof which provide sufficient (1) the videotape or audiotape discloses the
indicia of reliability. It shall consider the following identity of all individuals present and at all
factors: times includes their images and voices;

(1) Whether there is a motive to lie; (2) the statement was not made in response
to questioning calculated to lead the child to
(2) The general character of the declarant make a particular statement or is clearly
child; shown to be the statement of the child and
not the product of improper suggestion;
(3) Whether more than one person heard the
statement; (3) the videotape and audiotape machine or
device was capable of recording testimony;
(4) Whether the statement was spontaneous;
(4) the person operating the device was
(5) The timing of the statement and the competent to operate it;
relationship between the declarant child and
witness; (5) the videotape or audiotape is authentic
and correct; and
(6) Cross-examination could not show the
lack of knowledge of the declarant child; (6) it has been duly preserved.

(7) The possibility of faulty recollection of the The individual conducting the interview of the child shall be
declarant child is remote; and available at trial for examination by any party. Before the
videotape or audiotape is offered in evidence, all parties shall
(8) The circumstances surrounding the be afforded an opportunity to view or listen to it and shall be
statement are such that there is no reason to furnished a copy of a written transcript of the proceedings.
suppose the declarant child misrepresented
the involvement of the accused. The fact that an investigative interview is not videotaped or
audiotaped as required by this section shall not by itself
(c) The child witness shall be considered unavailable constitute a basis to exclude from evidence out-of-court
under the following situations: statements or testimony of the child. It may, however, be
considered in determining the reliability of the statements of
(1) Is deceased, suffers from physical the child describing abuse.
infirmity, lack of memory, mental illness, or
will be exposed to severe psychological Section 30. Sexual abuse shield rule. -
injury; or
(a) Inadmissible evidence. - The following evidence is
(2) Is absent from the hearing and the not admissible in any criminal proceeding involving
proponent of his statement has been unable alleged child sexual abuse:
to procure his attendance by process or
other reasonable means.
 (1) Evidence offered to prove that the (2) No tape, or any portion thereof, shall be
alleged victim engaged in other sexual divulged by any person mentioned in sub-
behavior; and section (a) to any other person, except as
necessary for the trial.
(2) Evidence offered to prove the sexual
predisposition of the alleged victim. (3) No person shall be granted access to the
tape, its transcription or any part thereof
(b) Exception. - Evidence of specific instances of unless he signs a written affirmation that he
sexual behavior by the alleged victim to prove that a has received and read a copy of the
person other than the accused was the source of protective order; that he submits to the
semen, injury, or other physical evidence shall be jurisdiction of the court with respect to the
admissible. protective order; and that in case of violation
thereof, he will be subject to the contempt
A party intending to offer such evidence must: power of the court.

(1) File a written motion at least fifteen (15) days (4) Each of the tape cassettes and
before trial, specifically describing the evidence and transcripts thereof made available to the
stating the purpose for which it is offered, unless the parties, their counsel, and respective agents
court, for good cause, requires a different time for shall bear the following cautionary notice:
filing or permits filing during trial; and
"This object or document and the contents
(2) Serve the motion on all parties and the guardian thereof are subject to a protective order
ad litem at least three (3) days before the hearing of issued by the court in (case title) , (case
the motion. number) . They shall not be examined,
inspected, read, viewed, or copied by any
person, or disclosed to any person, except
Before admitting such evidence, the court must conduct a
as provided in the protective order. No
hearing in chambers and afford the child, his guardian ad litem,
additional copies of the tape or any of its
the parties, and their counsel a right to attend and be heard.
portion shall be made, given, sold, or shown
The motion and the record of the hearing must be sealed and
to any person without prior court order. Any
remain under seal and protected by a protective order set forth
person violating such protective order is
in section 31(b). The child shall not be required to testify at the
subject to the contempt power of the court
hearing in chambers except with his consent.
and other penalties prescribed by law."

Section 31. Protection of privacy and safety. -

(5) No tape shall be given, loaned, sold, or
shown to any person except as ordered by
(a) Confidentiality of records. - Any record regarding a the court.
child shall be confidential and kept under seal. Except
upon written request and order of the court, a record
(6) Within thirty (30) days from receipt, all
shall only be released to the following:
copies of the tape and any transcripts
thereof shall be returned to the clerk of court
(1) Members of the court staff for for safekeeping unless the period is
administrative use; extended by the court on motion of a party.

(2) The prosecuting attorney; (7) This protective order shall remain in full
force and effect until further order of the
(3) Defense counsel; court.

(4) The guardian ad litem; (c) Additional protective orders. - The court may, motu
proprio or on motion of any party, the child, his
(5) Agents of investigating law enforcement parents, legal guardian, or the guardian ad litem,
agencies; and issue additional orders to protect the privacy of the
child.
(6) Other persons as determined by the
court. (d) Publication of identity contemptuous. - Whoever
publishes or causes to be published in any format the
(b) Protective order. - Any videotape or audiotape of a name, address, telephone number, school, or other
child that is part of the court record shall be under a identifying information of a child who is or is alleged to
protective order that provides as follows: be a victim or accused of a crime or a witness thereof,
or an immediate family of the child shall be liable to
the contempt power of the court.
(1) Tapes may be viewed only by parties,
their counsel, their expert witness, and the
guardian ad litem. (e) Physical safety of child; exclusion of evidence. - A
child has a right at any court proceeding not to testify
regarding personal identifying information, including
 his name, address, telephone number, school, and
other information that could endanger his physical
safety or his family. The court may, however, require
the child to testify regarding personal identifying
information in the interest of justice.

(f) Destruction of videotapes and audiotapes. - Any

videotape or audiotape of a child produced under the
provisions of this Rule or otherwise made part of the
court record shall be destroyed after five (5) years
have elapsed from the date of entry of judgment.

(g) Records of youthful offender. - Where a youthful

offender has been charged before any city or
provincial prosecutor or before any municipal judge
and the charges have been ordered dropped, all the
records of the case shall be considered as privileged
and may not be disclosed directly or indirectly to
anyone for any purpose whatsoever.

Where a youthful offender has been charged and the court

acquits him, or dismisses the case or commits him to an
institution and subsequently releases him pursuant to Chapter
3 of P. D. No. 603, all the records of his case shall also be
considered as privileged and may not be disclosed directly or
indirectly to anyone except to determine if a defendant may
have his sentence suspended under Article 192 of P. D. No.
603 or if he may be granted probation under the provisions of
P. D. No. 968 or to enforce his civil liability, if said liability has
been imposed in the criminal action. The youthful offender
concerned shall not be held under any provision of law to be
guilty of perjury or of concealment or misrepresentation by
reason of his failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made to him for any
purpose.

"Records" within the meaning of this sub-section shall include

those which may be in the files of the National Bureau of
Investigation and with any police department or government
agency which may have been involved in the case. (Art. 200,
P. D. No. 603)

Section 32. Applicability of ordinary rules. - The provisions

of the Rules of Court on deposition, conditional examination of
witnesses, and evidence shall be applied in a suppletory
character.
 Rule 131 Burden of Proof and  The employer has the burden of proving that the rate of
pay given to his employees is in accordance with the
Presumptions minimum fixed by the law and that he had paid thirteenth
month pay, service incentive leave pay and other
Section 1. Burden of proof. — Burden of proof monetary claims. (Saberola v. Suarez, 558 SCRA 135)
is the duty of a party to present evidence on the
 In labor cases, if doubt exists between the evidence
facts in issue necessary to establish his claim presented by the employer and employee, the scales of
or defense by the amount of evidence required justice must be tilted in favour of the latter. (Mayon Hotel &
by law. Restaurant v. Adana, 458 SCRA 609)

 The burden of proof lies with “the party who alleges the  In disbarment cases, the burden of proof is on the
existence of a fact or thing necessary in the prosecution or complainant, and for the court to exercise its disciplinary
defense of an action.” powers, the case against the respondent must be
established by clear, convincing and satisfactory proof.
 A mere allegation is not evidence, and he who alleges has (Nariega v. Sison, 125 SCRA 293)
the burden of proving his allegation with the requisite
Rules on burden of proof on accident insurance:
quantum of evidence. (Clado-Reyes v. Limpe, 557 SCRA
400) 1. The insured’s beneficiary has the burden of proof in
demonstrating that the cause of death is due to the
 In civil cases, a party who alleges a fact has the burden of covered peril.
proving it. 2. The burden shifts to the insurer to show any excepted
peril that may have been stipulated by the parties
 Common carriers are presumed to have been at fault, or once that fact is established.
to have acted negligently in case of death or injuries to
passengers. (Art. 1756, Civil Code) Thus, common  In administrative proceedings, the burden of proof that the
carriers have the burden of proof to show that they respondent committed the acts complained of rests on the
observed the extraordinary diligence required by law. The complainant. The complainant must be able to show this
plaintiff has to show, however, the existence of a contract by substantial evidence, or such relevant evidence which
and the breach of the contract of carriage. (Calalas v. CA, a reasonable mind might accept as adequate to support a
332 SCRA 356) conclusion, otherwise, the complaint must be dismissed.
(Adajar v. Develos, 475 SCRA 361)
Rules on burden of proof on debts:

1. The burden of proof that a debt was contracted lies  The burden of proof is fixed by the pleadings. The claim of
with the creditor-plaintiff. the plaintiff, which he must prove, is spelled out in his
2. However, the burden shifts to the debtor if he admits complaint. The defendant’s defenses, which he must
the debt but defends by alleging that it has already likewise prove, are to be found in his answer to the
been paid, waived or otherwise extinguished. “Even complaint. The burdens of proof of both parties do not shift
where the plaintiff must allege non-payment, the during the course of the trial.
general rule is that the burden rests on the debtor to
Burden of evidence – the duty of a party to go forward with the
prove payment, rather than on the creditor to prove
evidence to overthrow the prima facie evidence against him.
non-payment.”
This may shift from one side to the other as the exigencies of
3. Where the debtor introduces some evidence of
the trial require, and shifts with alternating frequency. BAR:
payment, the burden of going forward with the
Distinguish Burden of Proof from Burden of Evidence. Ans:
evidence – as distinct from the general burden of
Just their definitions.
proof – shifts to the creditor, who is then under a duty
of producing some evidence to show non-payment.
Section 2. Conclusive presumptions. — The
 The party, whether plaintiff or defendant, who asserts the following are instances of conclusive
affirmative of an issue, has the onus to prove his assertion presumptions:
in order to obtain a favorable judgement.

 In an eminent domain case, the local government that (a) Whenever a party has, by his own
seeks to expropriate private property has the burden of declaration, act, or omission,
proving that the elements for the valid exercise of the right intentionally and deliberately led to
of eminent domain have been complied with. (JIL Christian another to believe a particular thing true,
Foundation v. City of Pasig, 466 SCRA 235)
and to act upon such belief, he cannot,
 In termination cases, the burden of proof rests upon the in any litigation arising out of such
employer to show that the dismissal is for a valid and just declaration, act or omission, be
cause. Failure to do so would necessarily mean that the permitted to falsify it; Estoppel in pais
dismissal was not justified, and, therefore, illegal. (LBC
Domestic Franchise Co. v. Florido, 530 SCRA 607)
(b) The tenant is not permitted to deny
the title of his landlord at the time of
 commencement of the relation of 3. Knowledge, actual or constructive, of the real facts.
landlord and tenant between them. BAR
Essential elements of estoppel in pais in relation to the party
invoking the estoppel in his favor:
Presumption – an assumption of fact resulting from a rule of
law which requires such fact to be assumed from another fact 1. Lack of knowledge and of the means of knowledge of
or group of facts found or otherwise established; an inference the truth as to the facts in question;
of the existence or non-existence of a fact which courts are 2. Reliance, in good faith, upon the conduct or
permitted to draw from proof of other facts (mandatory; has a statements of the party to be estopped;
definite legal effect) 3. Action or inaction based thereon of such character as
to change the position or status of the party claiming
Inference – a factual conclusion that can rationally be draw the estoppel, to his injury, detriment or prejudice.
from other facts (not mandatory; no legal effect)
 The estoppel in Section 2(b) of Rule 131 applies even
Kinds of presumptions:
though the lessor had no title at the time the relation of
lessor and lessee was created, and may be asserted not
1. Presumption of law – an assumption which the law
only by the original lessor, but also by those who succeed
requires to be made from a set of facts
to his title. (Golden Horizon v. Sy Chuan, 365 SCRA 593)
2. Presumption of fact – an assumption made from facts
This is so because the relation of lessor and lessee does
without any direction or positive requirement of a law
not depend on the former’s title but on the agreement
between the parties, followed by the possession of the
 Evidence is not required when a law or rule presumes the
premises by the lessee under such agreement. As long as
truth of fact.
the latter remains in undisturbed possession, it is
immaterial whether the lessor has a valid title – or any title
Examples of presumptions: at all – at the time the relationship was entered into.

1. Constitutional presumption of innocence – thus, the

Section 3. Disputable presumptions. — The
accused need not present evidence to prove that he
is innocent; the burden of proof is upon the following presumptions are satisfactory if
prosecution uncontradicted, but may be contradicted and
2. In case of death of or injuries to passengers, common overcome by other evidence:
carriers are presumed to have been at fault or to have
acted negligently. (Art. 1756, Civil Code)
(a) That a person is innocent of crime or
Conclusive presumption – a presumption which becomes
wrong;
irrebuttable upon the presentation of the evidence and any
evidence tending to rebut the presumption is not admissible;  It is not enough to say that a girl would not expose herself
inferences which the law makes so peremptory that it will not to the humiliation of a rape complaint unless the charge is
allow them to be overturned by any contrary proof however true. That is putting things too simply. For the prosecution
strong (BAR) to succeed, it is also necessary to find that the
complainant’s story is by itself believable independently of
Disputable presumption – a presumption which may be the presumption. (People v. Sandagon, 233 SCRA 108)
contradicted or overcome by other evidence; it is satisfactory if
uncontradicted (b) That an unlawful act was done with an
 The conclusive presumptions under Sec. 2 are based on unlawful intent;
the doctrine of estoppels. Under this doctrine, the person
making the representation cannot claim benefit from the (c) That a person intends the ordinary
wrong he himself committed. (Phil. Pryce Assurance Corp. consequences of his voluntary act;
v. CA, 230 SCRA 164)

Estoppel – an equitable principle rooted upon natural justice  Intent is a state of mind, and is hidden from the judicial
which prevents persons from going back on their own acts and eye. Courts are left to evaluate the overt acts, and on their
representations, to the prejudice of others who have relied on basis, to form a conclusion as to the actor’s intentions.
them The legal presumption drawn from human experience and
generally applied by the courts is that men intend the
Essential elements of estoppel in pais in relation to the party natural consequences of their voluntary acts and that
sought to be stopped: unlawful acts are done with unlawful intent. (Buenaventura
v. CA, 303 SCRA 335)
1. Conduct amounting to false representation or
concealment of material facts; or at least calculated to
(d) That a person takes ordinary care of his
convey the impression that the facts are otherwise
than, and inconsistent with, those which the party
concerns;
subsequently attempts to assert;
2. Intent, or at least, expectation, that this conduct shall (e) That evidence willfully suppressed would
be acted upon by, or at least influence, the other be adverse if produced;
party; and
The above presumption does not apply if: (n) That a court, or judge acting as such,
whether in the Philippines or elsewhere, was
1. The evidence is at the disposal of both parties;
acting in the lawful exercise of jurisdiction;
2. The suppression was not wilful;
3. It is merely corroborative or cumulative; and
4. The suppression is an exercise of a privilege such as (o) That all the matters within an issue
it is covered by the privileged communication between raised in a case were laid before the court
physician and patient. and passed upon by it; and in like manner
that all matters within an issue raised in a
(f) That money paid by one to another was dispute submitted for arbitration were laid
due to the latter; before the arbitrators and passed upon by
them;
(g) That a thing delivered by one to another
belonged to the latter; (p) That private transactions have been fair
and regular;
(h) That an obligation delivered up to the
debtor has been paid;  If mistake or fraud is alleged, and one of the parties is
unable to read, or if the contract is in a language not
(i) That prior rents or o-partners had been understandable to him, the person enforcing the contract
must show that the terms thereof have been fully
paid when a receipt for the later one is
explained to the former. (Cayabyab v. IAC, 232 SCRA 1)
produced;
The law presumes that there is fraud of creditors when:
(j) That a person found in possession of a
thing taken in the doing of a recent wrongful 1. There is alienation of property by gratuitous title by
act is the taker and the doer of the whole the debtor who has not reserved sufficient property to
act; otherwise, that things which a person pay his debts contracted before such alienation; or
2. There is alienation of property by onerous title made
possess, or exercises acts of ownership by a debtor against whom some judgement has been
over, are owned by him; rendered in any instance or some writ of attachment
has been issued.
(k) That a person in possession of an order
on himself for the payment of the money, or (q) That the ordinary course of business has
the delivery of anything, has paid the money been followed;
or delivered the thing accordingly;
(r) That there was a sufficient consideration
(l) That a person acting in a public office for a contract;
was regularly appointed or elected to it;
(s) That a negotiable instrument was given
(m) That official duty has been regularly or indorsed for a sufficient consideration;
performed;
(t) That an endorsement of negotiable
 Respondent public official or employee cannot invoke the instrument was made before the instrument
presumption that official duty has been regularly was overdue and at the place where the
performed to evade responsibility or liability in a petition
for a writ of amparo. (Sec. 17 of Rule on the Writ of
instrument is dated;
Amparo)
(u) That a writing is truly dated;
 The presumption of innocence of the accused prevails
over the presumption that law enforcement agents were in (v) That a letter duly directed and mailed
the regular performance of their duty.
was received in the regular course of the
 The presumption of regularity obtains only where nothing mail;
in the records is suggestive of the fact that the law
enforcers involved deviated from the standard conduct of The facts to be proved in order to raise this presumption:
official duty as provided for in law. Otherwise, where
official conduct in question is irregular on its face, an 1. That the letter was properly addressed with postage
adverse presumption arises as a matter of course. prepaid; and
2. That it was mailed.
 (w) That after an absence of seven (7) years, has been obtained by their joint efforts,
it being unknown whether or not the work or industry.
absentee still lives, he is considered dead
for all purposes, except for those of (cc) That in cases of cohabitation by a man
succession. and a woman who are not capacitated to
marry each other and who have acquire
The absentee shall not be considered dead for the purpose of properly through their actual joint
opening his succession till after an absence of ten (10) years. If contribution of money, property or industry,
he disappeared after the age of seventy-five (75) years, an
absence of five (5) years shall be sufficient in order that his
such contributions and their corresponding
succession may be opened. shares including joint deposits of money
and evidences of credit are equal.
The following shall be considered dead for all purposes
including the division of the estate among the heirs: (dd) That if the marriage is terminated and
the mother contracted another marriage
(1) A person on board a vessel lost during a sea voyage,
within three hundred days after such
or an aircraft with is missing, who has not been heard of
for four years since the loss of the vessel or aircraft; termination of the former marriage, these
rules shall govern in the absence of proof to
(2) A member of the armed forces who has taken part in the contrary:
armed hostilities, and has been missing for four years;
(1) A child born before one hundred eighty
(3) A person who has been in danger of death under other
days after the solemnization of the
circumstances and whose existence has not been known
for four years; subsequent marriage is considered to have
been conceived during such marriage, even
(4) If a married person has been absent for four though it be born within the three hundred
consecutive years, the spouse present may contract a days after the termination of the former
subsequent marriage if he or she has well-founded belief marriage.
that the absent spouse is already death. In case of
disappearance, where there is a danger of death the
circumstances hereinabove provided, an absence of only (2) A child born after one hundred eighty
two years shall be sufficient for the purpose of contracting days following the celebration of the
a subsequent marriage. However, in any case, before subsequent marriage is considered to have
marrying again, the spouse present must institute a
been conceived during such marriage, even
summary proceedings as provided in the Family Code and
in the rules for declaration of presumptive death of the
though it be born within the three hundred
absentee, without prejudice to the effect of reappearance days after the termination of the former
of the absent spouse. BAR marriage.

(x) That acquiescence resulted from a belief (ee) That a thing once proved to exist
that the thing acquiesced in was continues as long as is usual with things of
conformable to the law or fact; the nature;

(y) That things have happened according to (ff) That the law has been obeyed;
the ordinary course of nature and ordinary
nature habits of life; (gg) That a printed or published book,
purporting to be printed or published by
(z) That persons acting as o-partners have public authority, was so printed or
entered into a contract of copartneship; published;

(aa) That a man and woman deporting (hh) That a printed or published book,
themselves as husband and wife have purporting contain reports of cases
entered into a lawful contract of marriage; adjudged in tribunals of the country where
the book is published, contains correct
(bb) That property acquired by a man and a reports of such cases;
woman who are capacitated to marry each
other and who live exclusively with each (ii) That a trustee or other person whose
other as husband and wife without the duty it was to convey real property to a
benefit of marriage or under void marriage, particular person has actually conveyed it to
 him when such presumption is necessary to present state of scientific knowledge, the obligation to
perfect the title of such person or his present such impossible evidence must be deemed void
and considered as not being imposed.
successor in interest;
Requisites for the presumption of an equitable mortgage to
(jj) That except for purposes of succession, apply:
when two persons perish in the same
1. That the parties entered into a contract denominated
calamity, such as wreck, battle, or as a sale; and
conflagration, and it is not shown who died 2. That their intention was to secure an existing debt by
first, and there are no particular way of mortgage.
circumstances from which it can be inferred,
 If there is no relation of debtor-creditor, but by the terms of
the survivorship is determined from the the contract, one is merely given an option to buy real
probabilities resulting from the strength and property for a fixed amount and a fixed price, there is no
the age of the sexes, according to the equitable mortgage; the optionee is not bound to buy and
following rules: pay said real property. (JMA House v. Santa Monica
Corp., 500 SCRA 526)

1. If both were under the age of fifteen years,  If a person had in his possession a falsified document and
the older is deemed to have survived; he made use of it, taking advantage of it and profiting
thereby, the clear presumption is that he is the material
2. If both were above the age sixty, the author of the falsification. (Maliwat v. CA, 256 SCRA 718)
younger is deemed to have survived;
Section 4. No presumption of legitimacy or
3. If one is under fifteen and the other above illegitimacy. — There is no presumption of
sixty, the former is deemed to have legitimacy of a child born after three hundred
survived; days following the dissolution of the marriage
or the separation of the spouses. Whoever
4. If both be over fifteen and under sixty, alleges the legitimacy or illegitimacy of such
and the sex be different, the male is deemed child must prove his allegation.
to have survived, if the sex be the same, the
older;

5. If one be under fifteen or over sixty, and

the other between those ages, the latter is
deemed to have survived.

(kk) That if there is a doubt, as between two

or more persons who are called to succeed
each other, as to which of them died first,
whoever alleges the death of one prior to
the other, shall prove the same; in the
absence of proof, they shall be considered
to have died at the same time.

 A document acknowledged before a notary public enjoys

the presumption of regularity. To overcome this
presumption, there must be evidence presented that is
clear and convincing. Absent such evidence, the
presumption must be upheld.

 Every statute has in its favor the presumption of

constitutionality.

 There is no presumption of compensability of an ailment.

(GSIS v. Nonoy, 516 SCRA 330)

 Where the requirement of proving by sufficient evidence

that the risk of contracting the ailment is increased by the
working conditions is impossible to comply with, given the
Rule 132 Presentation of Evidence
 A. EXAMINATION OF WITNESSES documents, records or writings necessary for the
prosecution of the offense or offenses for which he has
been admitted on the ground of the right against self-
Section 1. Examination to be done in open incrimination. (Sec. 14, R.A. No. 6981)
court. — The examination of witnesses
presented in a trial or hearing shall be done in (5) Not to give an answer which will tend
open court, and under oath or affirmation. to degrade his reputation, unless it to be
Unless the witness is incapacitated to speak, or the very fact at issue or to a fact from
the question calls for a different mode of which the fact in issue would be
answer, the answers of the witness shall be presumed. But a witness must answer to
given orally. (BAR) the fact of his previous final conviction
for an offense. (3a, 19a)
Section 2. Proceedings to be recorded. — The
entire proceedings of a trial or hearing,  The court may order that the testimony of the child be
including the questions propounded to a taken by live-link television if there is a substantial
witness and his answers thereto, the likelihood that the child would suffer trauma from testifying
in the presence of the accused, his counsel or the
statements made by the judge or any of the prosecutor as the case may be. The trauma should be of a
parties, counsel, or witnesses with reference to kind which would impair the completeness or truthfulness
the case, shall be recorded by means of of the testimony of the child.
shorthand or stenotype or by other means of
recording found suitable by the court. Section 4. Order in the examination of an
individual witness. — The order in which the
A transcript of the record of the proceedings individual witness may be examined is as
made by the official stenographer, stenotypist follows; (Kinds of examinations)
or recorder and certified as correct by him shall
be deemed prima facie a correct statement of (a) Direct examination by the proponent;
such proceedings. (2a)
(b) Cross-examination by the opponent;
Section 3. Rights and obligations of a witness.
— A witness must answer questions, although (c) Re-direct examination by the
his answer may tend to establish a claim proponent;
against him. However, it is the right of a
witness: (d) Re-cross-examination by the
opponent.
(1) To be protected from irrelevant,
improper, or insulting questions, and Section 5. Direct examination. — Direct
from harsh or insulting demeanor; examination is the examination-in-chief of a
witness by the party presenting him on the
(2) Not to be detained longer than the facts relevant to the issue. (5a)
interests of justice require;
Section 6. Cross-examination; its purpose and
(3) Not to be examined except only as to extent. — Upon the termination of the direct
matters pertinent to the issue; examination, the witness may be cross-
examined by the adverse party as to many
(4) Not to give an answer which will tend matters stated in the direct examination, or
to subject him to a penalty for an offense connected therewith, with sufficient fullness
unless otherwise provided by law; or and freedom to test his accuracy and
truthfulness and freedom from interest or bias,
 The right against self-incrimination applies only to or the reverse, and to elicit all important facts
testimonial evidence. Purely mechanical acts which bearing upon the issue.
neither requires discretion nor reasoning do not involve
testimonial compulsion. (Tijing v, CA, 354 SCRA 17) BAR

 A witness admitted into the witness protection program

Two basic purposes of cross-examination:
cannot refuse to testify or give evidence or produce books,
 1. To bring about facts favourable to the counsel’s client tender years, or is of feeble mind, or a
not established by the direct examination; deaf-mute;
2. To enable counsel to impeach or to impair the
credibility of the witness.
(d) Of an unwilling or hostile witness; or
 If the witness dies before his cross-examination is over,
his testimony on the direct may be stricken out only with (e) Of a witness who is an adverse party
respect to the testimony not covered by the cross- or an officer, director, or managing agent
examination.
of a public or private corporation or of a
 If the witness was not cross-examined because of causes partnership or association which is an
attributable to the cross-examining party and the witness adverse party.
had always made himself available for cross-examination,
the direct testimony of the witness shall remain in the A misleading question is one which assumes as
record and cannot be ordered stricken off because the
true a fact not yet testified to by the witness, or
cross-examiner is deemed to have waived the right to
cross-examine the witness. (De la Paz v. IAC, 154 SCRA contrary to that which he has previously stated.
65) It is not allowed.

 Put here Section 1(d), Rule 115 and Section 12, Rule 132 Examples of leading question in a direct examination: a) While
the plaintiff and the defendant were engaged in a conversation
Section 7. Re-direct examination; its purpose on the date and time you mentioned, did you see the
defendant deliver P50,000 to the plaintiff?
and extent. — After the cross-examination of
the witness has been concluded, he may be re-
b) While you were in the park with your children, the police
examined by the party calling him, to explain or officers arrive to arrest you, is that true?
supplement his answers given during the
cross-examination. On re-direct-examination, Example of misleading question:
questions on matters not dealt with during the
cross-examination, may be allowed by the court You testified that you and the accused were in a car bound for
Baguio City. How fast were you driving? (Where in fact there
in its discretion.
was no previous testimony from the witness that he was driving
the car.)
Section 8. Re-cross-examination. — Upon the
conclusion of the re-direct examination, the Section 11. Impeachment of adverse party's
adverse party may re-cross-examine the witness. — A witness may be impeached by the
witness on matters stated in his re-direct party against whom he was called,
examination, and also on such other matters as
may be allowed by the court in its discretion. 1. by contradictory evidence,
2. by evidence that his general reputation
Section 9. Recalling witness. — After the for truth, honestly, or integrity is bad, or
examination of a witness by both sides has 3. by evidence that he has made at other
been concluded, the witness cannot be recalled times statements inconsistent with his
without leave of the court. The court will grant present testimony,
or withhold leave in its discretion, as the
interests of justice may require. but not by evidence of particular wrongful acts,
except that it may be shown by the examination
Section 10. Leading and misleading of the witness, or the record of the judgment,
questions. — A question which suggests to the that he has been convicted of an offense.
witness the answer which the examining party
desires is a leading question. It is not allowed, Impeachment – basically a technique employed usually as part
except: of the cross-examination to discredit a witness by attacking his
credibility
(a) On cross examination;
Distinctions between character and reputation:

(b) On preliminary matters; Character is made up of the things an individual

actually is and does, whereas reputation is what people think
(c) When there is a difficulty is getting an individual is and what they say about him. A witness cannot
direct and intelligible answers from a be impeached by evidence of bad character, only of bad
reputation.
witness who is ignorant, or a child of
Section 12. Party may not impeach his own judge may also cause witnesses to be kept
witness. — Except with respect to witnesses separate and to be prevented from conversing
referred to in paragraphs (d) and (e) of Section with one another until all shall have been
10, the party producing a witness is not allowed examined.
to impeach his credibility.
Section 16. When witness may refer to
A witness may be considered as unwilling or memorandum. — A witness may be allowed to
hostile only if so declared by the court upon refresh his memory respecting a fact, by
adequate showing of his adverse interest, anything written or recorded by himself or
unjustified reluctance to testify, or his having under his direction at the time when the fact
misled the party into calling him to the witness occurred, or immediately thereafter, or at any
stand. other time when the fact was fresh in his
memory and knew that the same was correctly
The unwilling or hostile witness so declared, or written or recorded; but in such case the writing
the witness who is an adverse party, may be or record must be produced and may be
impeached by the party presenting him in all inspected by the adverse party, who may, if he
respects as if he had been called by the adverse chooses, cross examine the witness upon it,
party, except by evidence of his bad character. and may read it in evidence. So, also, a witness
He may also be impeached and cross-examined may testify from such writing or record, though
by the adverse party, but such cross- he retain no recollection of the particular facts,
examination must only be on the subject matter if he is able to swear that the writing or record
of his examination-in-chief. correctly stated the transaction when made; but
such evidence must be received with caution.
Section 13. How witness impeached by (10a)
evidence of inconsistent statements. — Before
a witness can be impeached by evidence that Section 17. When part of transaction, writing or
he has made at other times statements record given in evidence, the remainder, the
inconsistent with his present testimony, remainder admissible. — When part of an act,
declaration, conversation, writing or record is
1. the statements must be related to him, given in evidence by one party, the whole of the
with the circumstances of the times and same subject may be inquired into by the other,
places and the persons present, and and when a detached act, declaration,
2. he must be asked whether he made such conversation, writing or record is given in
statements, and if so, allowed to explain evidence, any other act, declaration,
them. Laying the predicate conversation, writing or record necessary to its
understanding may also be given in evidence.
If the statements be in writing they must be (11a)
shown to the witness before any question is put
to him concerning them. Section 18. Right to respect writing shown to
witness. — Whenever a writing is shown to a
Section 14. Evidence of good character of witness, it may be inspected by the adverse
witness. — Evidence of the good character of a party.
witness is not admissible until such character
has been impeached.

 This rule does not apply if the witness is the accused. The
accused in a criminal case may prove his good moral
character relevant to the offense charged even before his
character is attacked. See Sec. 51(a)(1), Rule 130.

Section 15. Exclusion and separation of

witnesses. — On any trial or hearing, the judge B. AUTHENTICATION AND PROOF OF
may exclude from the court any witness not at DOCUMENTS
the time under examination, so that he may not
hear the testimony of other witnesses. The
Authentication – the preliminary step in showing the circumstances of suspicion, no other evidence
admissibility of an evidence BAR of its authenticity need be given. (BAR) Ancient
document
Section 19. Classes of Documents. — For the
purpose of their presentation in evidence, Section 22. How genuineness of handwriting
documents are either public or private. proved. — The handwriting of a person may be
proved by any witness who believes it to be the
Public documents are: handwriting of such person because he has
seen the person write, or has seen writing
(a) The written official acts, or records of purporting to be his upon which the witness
the official acts of the sovereign has acted or been charged, and has thus
authority, official bodies and tribunals, acquired knowledge of the handwriting of such
and public officers, whether of the person. Evidence respecting the handwriting
Philippines, or of a foreign country; may also be given by a comparison, made by
the witness or the court, with writings admitted
(b) Documents acknowledge before a or treated as genuine by the party against
notary public (or other officers authorized to whom the evidence is offered, or proved to be
administer oaths) except last wills and genuine to the satisfaction of the judge. (23a)
testaments; and
Section 23. Public documents as
(c) Public records, kept in the evidence. — Documents consisting of entries in
Philippines, of private documents public records made in the performance of a
required by law to the entered therein. duty by a public officer are prima facie evidence
of the facts therein stated. All other public
All other writings are private. (20a) documents are evidence, even against a third
person, of the fact which gave rise to their
 In the case of a public record of a private document
required by law to be entered in a public record, the public
execution and of the date of the latter. (24a)
document does not refer to the private document itself but
the public record of that private document. (BAR) Section 24. Proof of official record. — The
record of public documents referred to in
 A public document does not require the authentication
paragraph (a) of Section 19, when admissible
imposed upon a private document.
for any purpose, may be evidenced
Section 20. Proof of private
1. by an official publication thereof or
document. — Before any private document
2. by a copy attested by the officer having
offered as authentic is received in evidence, its
the legal custody of the record, or by his
due execution and authenticity must be proved
deputy, and
either:
3. accompanied, if the record is not kept in
the Philippines, with a certificate that
(a) By anyone who saw the document
such officer has the custody.
executed or written; or

If the office in which the record is kept is in

(b) By evidence of the genuineness of
foreign country, the certificate may be made by
the signature or handwriting of the
a secretary of the embassy or legation, consul
maker.
general, consul, vice consul, or consular agent
or by any officer in the foreign service of the
Any other private document need only be
Philippines stationed in the foreign country in
identified as that which it is claimed to be. (21a)
which the record is kept, and authenticated by
Section 21. When evidence of authenticity of the seal of his office. (25a)
private document not necessary. — Where a
 A notary public in a foreign country is not one of those who
private document is more than thirty years old, can issue the certificate mention in Sec. 24 of Rule 132 of
is produced from the custody in which it would the Rules of Court.
naturally be found if genuine, and is
unblemished by any alterations or
Section 25. What attestation of copy must acknowledgment being prima facie evidence of
state. — Whenever a copy of a document or the execution of the instrument or document
record is attested for the purpose of evidence, involved. (31a) Does not apply to last wills and
the attestation must state, in substance, that testaments. Every will must be probated.
the copy is a correct copy of the original, or a
specific part thereof, as the case may be. The Section 31. Alteration in document, how to
attestation must be under the official seal of the explain. — The party producing a document as
attesting officer, if there be any, or if he be the genuine which has been altered and appears to
clerk of a court having a seal, under the seal of have been altered after its execution, in a part
such court. (26a) material to the question in dispute, must
account for the alteration. He may show that the
Section 26. Irremovability of public alteration was made by another, without his
record. — Any public record, an official copy of concurrence, or was made with the consent of
which is admissible in evidence, must not be the parties affected by it, or was otherwise
removed from the office in which it is kept, properly or innocent made, or that the alteration
except upon order of a court where the did not change the meaning or language of the
inspection of the record is essential to the just instrument. If he fails to do that, the document
determination of a pending case. (27a) shall not be admissible in evidence. (32a)

Section 27. Public record of a private Section 32. Seal. — There shall be no difference
document. — An authorized public record of a between sealed and unsealed private
private document may be proved: documents insofar as their admissibility as
evidence is concerned. (33a)
1. by the original record, or
2. by a copy thereof, attested by the legal Section 33. Documentary evidence in an
custodian of the record, with an unofficial language. — Documents written in an
appropriate certificate that such officer unofficial language shall not be admitted as
has the custody. (28a) evidence, unless accompanied with a
translation into English or Filipino. To avoid
Section 28. Proof of lack of record. — A written interruption of proceedings, parties or their
statement signed by an officer having the attorneys are directed to have such translation
custody of an official record or by his deputy prepared before trial. (34a)
that after diligent search no record or entry of a
 Church registries of births, marriages, and deaths made
specified tenor is found to exist in the records
subsequent to the promulgation of General Orders No. 68,
of his office, accompanied by a certificate as promulgated on December 18, 1889, and the passage of
above provided, is admissible as evidence that Act No. 190, enacted on August 7, 1901, are no longer
the records of his office contain no such record public writings, nor are they kept by duly authorized public
or entry. (29) officials. They are private writings and their authenticity
must therefore be proved, as are all other private writings
in accordance with the Rules of Evidence. (Llemos v.
Section 29. How judicial record Llemos, 513 SCRA 128) BAR
impeached. — Any judicial record may be
impeached by evidence of:

a) want of jurisdiction in the court or

judicial officer,
b) collusion between the parties, or
c) fraud in the party offering the record, in
respect to the proceedings. (30a)

Section 30. Proof of notarial

documents. — Every instrument duly
acknowledged or proved and certified as
provided by law, may be presented in evidence
without further proof, the certificate of
C. OFFER AND OBJECTION
Section 34. Offer of evidence. — The court shall An offer of evidence in writing shall be objected
consider no evidence which has not been to within three (3) days after notice of the
formally offered. The nature or substance of the unless a different period is allowed by the
evidence, and the purpose for which the court.
evidence is offered must be specified. (35)
In any case, the grounds for the objections
 To allow parties to attach any document to their pleadings must be specified. (36a)
and then expect the court to consider it evidence, even
without formal offer and admission, may draw unwarranted
 A party is not deemed to have waived objection to
consequences. Opposing parties will be deprived of their
admissibility of documents by his failure to object to the
chance to examine the document and to object to its
same when they were marked, identified and then
admissibility. On the other hand, the appellate court will
introduced during the trial, because objection to
have difficulty reviewing documents not previously
documentary evidence must be made at the time it is
scrutinized by the court below. (Ong v. CA, 301 SCRA
formally offered and not earlier. (Macasiray v. People, 291
387)
SCRA 154)

When formal offer of evidence is not required (BAR):  The mere fact that a document is marked as an exhibit
does not mean that it has thereby already been offered as
1. In a summary proceeding, because it is a proceeding part of the evidence of a party. (People v. Gecomo, 254
where there is no full-blown trial; SCRA 82)
2. Documents judicially admitted or taken judicial notice
of;  Where the accused fails to object to the admissibility of
3. Documents, affidavits and depositions used in certain items during their formal offer, he is deemed to
rendering a summary judgement; have waived his right against their admissibility. (People v.
4. Documents or affidavits used in deciding quasi- Diaz, 271 SCRA 504)
judicial or administrative cases;
5. Lost objects previously marked, identified, described Purposes of objections:
in the record, and testified to by witnesses who had
been subjects of cross-examination in respect to said 1. To keep out inadmissible evidence that would cause
objects. harm to a client’s cause;
2. To protect the record;
 When evidence was not formally offered, the failure to 3. To protect a witness from being embarrassed on the
object to the omission and the cross-examination of the stand or from being harassed by the adverse counsel;
witness by the adverse party, taken together, constitute a 4. To expose the adversary’s unfair tactics like his
waiver of the defect. (People v. Libnao, 395 SCRA 407) consistently asking obvious leading questions;
5. To give the trial court an opportunity to correct its own
 The court shall consider the evidence solely for the errors and, at the same time, warn the court that a
purpose for which it is offered, not for any other purpose. ruling adverse to the objector may supply a reason to
(Spouses Ragudo v. Fabella Estate Tenants, 466 SCRA invoke a higher court’s appellate jurisdiction; and
136) 6. To avoid a waiver of the inadmissibility of an
otherwise inadmissible evidence.
Section 35. When to make offer. — As regards
Two kinds of objections:
the testimony of a witness, the offer must be
made at the time the witness is called to testify. 1. Formal – one directed against the alleged defect in
the formulation of the question
Documentary and object evidence shall be a. Ambiguous questions
offered after the presentation of a party's b. Leading and misleading questions
c. Repetitious questions;
testimonial evidence. Such offer shall be done d. Multiple questions
orally unless allowed by the court to be done in e. Argumentative questions
writing. (n) 2. Substantive – one made and directed against the very
nature of the evidence, i.e., it is inadmissible either
because it is irrelevant or incompetent or both
Section 36. Objection. — Objection to evidence
a. Parol
offered orally must be made immediately after b. Not the best evidence
the offer is made. c. Hearsay
d. Privileged communication
Objection to a question propounded in the e. Not authenticated
f. Opinion
course of the oral examination of a witness
g. Res inter alios acta
shall be made as soon as the grounds therefor
shall become reasonably apparent.  The objection should be made timely. It must be made at
the earliest opportunity.
 The objection to evidence cannot be made for the first On proper motion, the court may also order the
time on appeal, both because the party who has failed to striking out of answers which are incompetent,
timely object becomes estopped from raising the objection
afterwards; and because to assail the judgement of the
irrelevant, or otherwise improper. (n)
lower court upon a cause as to which the lower court had
no opportunity to pass upon and rule is contrary to basic When a motion to strike an answer may be availed of:
fairness and procedural orderliness. (LBP v. Nable, 675
SCRA 233) 1. When the answer is premature;
2. When the answer of the witness is irrelevant;
 Failure to object to an evidence is a waiver of the 3. When the answer is unresponsive;
objection. The right to object is merely a privilege which 4. When the witness becomes unavailable for cross-
the party may waive. For instance, even assuming ex examination through no fault of the cross-examining
gratia argument that certain documents are inadmissible party; or
for being hearsay, the same may be admitted to on 5. When the testimony was allowed conditionally and the
account of failure to object thereto. (Manliclic v. Calaunan, condition for its admissibility was not fulfilled.
512 SCRA 642)
Section 40. Tender of excluded evidence. — If
 The waiver of the objection is only a waiver to the documents or things offered in evidence are
objections to the evidence’s admissibility, that is, to its
relevance and competence.
excluded by the court, the offeror may have the
same attached to or made part of the record.
Section 37. When repetition of objection
unnecessary. — When it becomes reasonably If the evidence excluded is oral, the offeror may
apparent in the course of the examination of a state for the record the name and other
witness that the question being propounded are personal circumstances of the witness and the
of the same class as those to which objection substance of the proposed testimony. Offer of
has been made, whether such objection was proof
sustained or overruled, it shall not be
 The Rules of Court does not prohibit a party from
necessary to repeat the objection, it being requesting the court to allow it to present additional
sufficient for the adverse party to record his evidence even after it has rested its case. (Republic v.
continuing objection to such class of Sandiganbayan, 662 SCRA 152)
questions. (37a)

Section 38. Ruling. — The ruling of the court

must be given immediately after the objection is
made, unless the court desires to take a
reasonable time to inform itself on the question
presented; but the ruling shall always be made
during the trial and at such time as will give the
party against whom it is made an opportunity to
meet the situation presented by the ruling.

The reason for sustaining or overruling an

objection need not be stated. However, if the
objection is based on two or more grounds, a
ruling sustaining the objection on one or some
of them must specify the ground or grounds
relied upon. (38a)

Section 39. Striking out answer. — Should a

witness answer the question before the adverse
party had the opportunity to voice fully its
objection to the same, and such objection is
found to be meritorious, the court shall sustain
the objection and order the answer given to be
stricken off the record.
Rule 133 Weight and Sufficiency of
Evidence
 A denial is a negative evidence. It is considered by the 3. their means and opportunity of knowing
Court to be a very weak form of defense and can never the facts to which there are testifying,
overcome an affirmative or positive testimony particularly
when the latter comes from the mouth of a credible
4. the nature of the facts to which they
witness. (People v. Medoza, 450 SCRA 328) testify,
5. the probability or improbability of their
 A denial must be buttressed by strong evidence of non- testimony,
culpability; otherwise, such denial is a purely self-serving
6. their interest or want of interest, and also
and is with no evidentiary value.
7. their personal credibility so far as the
 A community tax receipt is not credible and reliable in same may legitimately appear upon the
proving the identity of a person who wishes to have his trial.
document notarized. (Baylon v. Almo, 555 SCRA 248) 8. The court may also consider the number
 It is settled doctrine that the defense of alibi is inherently
of witnesses, though the preponderance
weak and must be rejected when the identity of the is not necessarily with the greater
accused is satisfactorily and categorically established by number.
the eyewitnesses to the offense, especially when such
eyewitnesses have no ill-motive to testify falsely. (People Preponderance of evidence – means that the evidence
v. Viojela, G.R. No. 177140) adduced by one side is, as a whole, superior to or has greater
weight than that of the other; evidence which is more
 For an alibi to prevail, the defense must establish by convincing to the court as worthy of belief that that which is
positive, clear and satisfactory proof that it was physically offered in opposition thereto
impossible for the accused to have been at the scene of
the crime at the time of its commission, and not merely
 To persuade by the preponderance of evidence is not to
that the accused was somewhere else. (People v. Vargas,
take the evidence quantitatively but qualitatively.
413 SCRA 269) BAR
(McDonald v. Union Pacific, 109 Utah 493)

 For the defense of frame-up by police officers to prosper,

Equipoise rule or equiponderance doctrine – in case of a
the defense must adduce clear and convincing evidence
situation where evidence of the parties is evenly balanced, or
to overcome the presumption that government officials
there is doubt on which side the evidence preponderates (or
have performed their duties in a regular and proper
weighs more heavily), the decision should be against the party
manner. Thus, in the absence of proof of motive to falsely
with the burden of proof (BAR)
impute such a serious crime against the accused, the
presumption of regularity in the performance of official
 In a criminal case, the equipoise rule provides that where
duty shall prevail. (People v. Almodiel, G.R. No. 200951)
the evidence is evenly balanced, the constitutional
presumption of innocence tilts the scales in favour of the
 There is no law or principle holding that non-flight per se is
accused. (People v. Erquiza, 571 SCRA 634)
proof, let alone conclusive proof, of innocence. Much like
the defense of alibi, the defense of non-flight cannot
 In labor cases, if doubt exists between the evidence
prevail against the weight of positive identification of the
presented by the employer and employee, scales of
appellants. (People v. Dacibar, 325 SCRA 725)
justice must be tilted in favor of the latter. (Mayon Hotel &
Restaurant v. Adana, 458 SCRA 609)
 Flight per se is not synonymous with guilt and must not
always be attributed to one’s consciousness of guilt. Flight
alone is not a reliable indicator of guilt without other Section 2. Proof beyond reasonable doubt. — In
circumstances because flight alone is inherently a criminal case, the accused is entitled to an
ambiguous. (Valdez v. People, 538 SCRA 611) Flight, acquittal, unless his guilt is shown beyond
however, is indicative of guilt.
reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof as,
Section 1. Preponderance of evidence, how
excluding possibility of error, produces
determined. — In civil cases, the party having
absolute certainty. Moral certainty only is
burden of proof must establish his case by a
required, or that degree of proof which
preponderance of evidence.
produces conviction in an unprejudiced mind.

In determining where the preponderance or  When a prima facie case is established by the prosecution
superior weight of evidence on the issues in a criminal case, the burden of proof does not shift to the
involved lies, the court may consider: defense. It remains throughout the trial with the party upon
whom it is imposed – the prosecution. It is the burden of
evidence which shifts from party to party depending upon
1. all the facts and circumstances of the
the exigencies of the case in the course of trial. This
case, burden of going forward with the evidence is met by
2. the witnesses' manner of testifying, their evidence which balances that introduced by the
intelligence,
 prosecution. Then the burden shifts back. (People v. Extrajudicial confession distinguished from judicial
Santiago, 420 SCRA 248) confessions:

 Well-entrenched in jurisprudence is the rule that the  An extrajudicial confession may be given in evidence
conviction of the accused must rest, not on the weakness against the confessant but not against his co-accused as
of the defense, but on the strength of the prosecution. The they are deprived of the opportunity to cross-examine him.
burden is on the prosecution to prove guilt beyond A judicial confession is admissible against the declarant’s
reasonable doubt, not on the accused to prove his co-accused since the latter are afforded opportunity to
innocence. (Basilio v. People, 570 SCRA 533) cross-examine the former.

Section 3. Extrajudicial confession, not Requisites for the admissibility of an extrajudicial confession in
sufficient ground for conviction. — An custodial investigation (R.A. No. 7438):
extrajudicial confession made by an accused,
1. It must be voluntary;
shall not be sufficient ground for conviction,
2. It shall be in writing and signed by the person
unless corroborated by evidence of corpus arrested, detained or under custodial
delicti. investigation;
3. It must be signed in the presence of his counsel or in
Corpus delicti – the body of a crime or the offense; the actual the latter’s absence, upon a valid waiver;
commission of the crime and someone criminally responsible 4. In the event of a valid waiver, it must be signed in the
therefor presence of any of the parents, elder brothers and
sisters, his spouse, the municipal mayor, the
Elements of corpus delicti: municipal judge, district school supervisor, or priest or
minister of the gospel chosen by him. BAR (Pero para
maka convict, kailangan ug evidence of corpus
1. Proof of the occurrence of a certain event; and
delicti.)
2. Some person’s criminal responsibility for the act.

 The above rights refer to an extrajudicial confession of a

For an accused be convicted of illegal possession of drugs, person arrested, detained or is under custodial
it is necessary that the following elements be established: investigation because a confession made by the accused
before he is placed under custodial investigation need not
1. The accused is in possession of an item or object comply with the above.
which is identified to be a prohibited drug;
2. Such possession is not authorized by law;  Custodial investigation has been described as one which
3. The accused freely and consciously possessed the involves any questioning initiated by law enforcement
said drug. officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any
Elements of corpus delicti in theft: significant way. It is only after the investigation ceases to
be a general inquiry into an unsolved crime and begins to
1. That the property was lost by the owner; and focus on a particular suspect, the suspect is taken into
2. That it was lost by felonious taking. custody, and the police carries out a process of
interrogatories that lend itself to eliciting incriminating
 The corpus delicti in the crime of illegal possession of statements, that the rule begins to operate. (Aquino v.
firearms is the accused’s lack of license or permit to Paiste, 555 SCRA 255)
possess or carry the firearm, as possession itself is not
prohibited by law. (Sayco v. People, 547 SCRA 368)  Custodial investigation includes the practice of issuing an
invitation to a person who is investigated in connection
 It is a rule now established that the elements of death in with an offense he is suspected to have committed,
the corpus delicti may be established by circumstantial without prejudice to the liability of the inviting officer for
evidence. To establish the corpus delicti by circumstantial any violation of law. (Sec. 2[f], R.A. No. 7438)
evidence, facts are admissible to show the impossibility of
rescue, as at sea, the existence and extent of wounds,  Any waiver by a person arrested or detained under the
and deceased’s condition of health; and that the wound provisions of Article 125 of the Revised Penal Code, or
was sufficient to cause death and that the party was under custodial investigation, shall be in writing and
reported dead. Death is sufficiently shown by the signed by such person in the presence of his counsel;
testimony of a witness that he saw the flash and heard the otherwise the waiver shall be null and void and of no
report, and that the deceased fell to the ground, declaring effect. (Sec. 2[e], R.A. No. 7438)
that he was shot and that the accused shot him. (People v.
Sasota, 91 Phil. 111) Section 4. Circumstantial evidence, when
sufficient. — Circumstantial evidence is
 In a case of murder or homicide, it is not necessary to
sufficient for conviction if:
recover the body of the victim or show where it can be
found. It is enough that the death and the criminal agency
causing death is proven. (People v. Sasota, supra) (a) There is more than one circumstances;
(b) The facts from which the inferences are 1. Preponderance of evidence applies to civil cases,
derived are proven; and while substantial evidence applies to cases filed
before administrative or quasi-judicial bodies;

(c) The combination of all the circumstances is 2. Preponderance of evidence requires that the
such as to produce a conviction beyond evidence be more convincing and more credible than
reasonable doubt. the one offered by the adverse party, while substantial
evidence requires that in order to establish a fact, the
 A conviction based on circumstantial evidence must evidence should constitute that amount of relevant
exclude each and every hypothesis consistent with evidence which a reasonable mind might accept as
innocence. Hence, if the totality of the circumstance adequate to support a conclusion.
eliminates beyond reasonable doubt the possibility of
innocence, conviction is proper. (Mallari v. People, 446  In a petition for a writ of amparo, the parties shall establish
SCRA 74) their clams by substantial evidence. (Sec. 17, The Rule on
the Writ of Amparo)
 The circumstances proven must constitute an unbroken
chain which leads to one fair and reasonable conclusion  An absolution from a criminal charge is not a bar to an
that points to the accused to the exclusion of all others as administrative prosecution, or vice versa. The findings and
the guilty person. (People v. Bernal, 388 SCRA 211) conclusions in one should not necessarily be binding on
the other. (Paredes v. CA, 528 SCRA 577)
 Direct evidence is not indispensable to prove a crime
charged. It may be proved by circumstantial evidence. Clear and convincing evidence – evidence which produces in
(People v. Darilay, 421 SCRA 45) the mind of the trier of fact a firm belief or conviction as to
allegations sought to be established; this evidence is
Basic guidelines in the appreciation of circumstantial evidence: intermediate, being more than preponderance, but not to the
extent of such certainty as is required beyond reasonable
doubt as in criminal cases BAR
1. It should be acted upon with caution;
2. All the essential facts must be consistent with the
hypothesis of guilt; Some cases where clear and convincing evidence is applied:
3. The facts must exclude every other theory but that of
guilt; and 1. To overturn the prima facie presumption of regularity
4. The facts must establish such a certainty of guilt of of a notarized instrument, clear and convincing
the accused as to convince the judge beyond evidence is required;
reasonable doubt that the accused is the one who
committed the offense. 2. Bad faith has to be established by the claimant with
clear and convincing evidence;
 Where the evidence admits two interpretations, one of
which is consistent with guilt and the other with innocence, 3. There should be clear and convincing evidence to
the accused must be acquitted. (People v. Corpuz, 412 prove the charge of bias and partiality against a
SCRA 479) judge;

Section 5. Substantial evidence. — In cases 4. Fraud is never presumed but must be proved by clear
filed before administrative or quasi-judicial and convincing evidence, mere preponderance of
bodies, a fact may be deemed established if it is evidence not even being adequate;

supported by substantial evidence, or that

5. The established legal principle in actions for
amount of relevant evidence which a annulment or reconveyance of title is that a party
reasonable mind might accept as adequate to seeking it should establish not merely by a
justify a conclusion. preponderance of evidence, but by clear and
convincing evidence that the land sought to be
 Administrative proceedings against judges are highly reconveyed is his;
penal in character and are to be governed by the rules
applicable to criminal cases. The quantum of proof 6. It well-settled doctrine that when an accused invoked
required to support administrative charges against judges self-defense, the onus is on him to establish by clear
(or judicial employees) should, thus, be more than and convincing evidence his justification for the killing;
substantial and requires proof beyond reasonable doubt.
(Duduaco v. Laquindanum, 466 SCRA 428) 7. For the defense of frame-up by police officers to
 However, where the charge against a judge is only prosper, the defense must adduce clear and
“unbecoming conduct and/or harassment,” substantial convincing evidence to overcome the presumption
evidence is sufficient. (Gutierrez v. Belen, 555 SCRA 424) that government officials have performed their duties
in a regular and proper manner;
Distinctions between preponderance of evidence and
substantial evidence: 8. For an alibi (or denial) to prevail, the defense must
establish by clear and convincing evidence that it was
 physically impossible for the accused to have been at Court and pertinent provisions of statutes containing rules on
the scene of the crime at the time of its commission, evidence shall apply.
and not merely that the accused was somewhere
else; Rule 2
DEFINITION OF TERMS AND CONSTRUCTION
9. To overturn the presumption of regularity in the
performance of official duties, clear and convincing Section 1. Definition of terms. – For purposes of these Rules,
evidence that the police officers did not properly the following terms are defined, as follows:
perform their duty or that they were inspired by an
improper motive; (a) "Asymmetric or public cryptosystem" means a
system capable of generating a secure key pair,
10. It is doctrinally settled that a person who seeks consisting of a private key for creating a digital
confirmation of an imperfect or incomplete title to a signature, and a public key for verifying the digital
piece of land on the basis of possession by himself signature.
and his predecessor-in-interest shoulders the burden
of proving by clear and convincing evidence, (b) "Business records" include records of any
compliance with the requirements of the applicable business, institution, association, profession,
law. occupation, and calling of every kind, whether or not
conducted for profit, or for legitimate or illegitimate
Proof beyond reasonable doubt  Clear and purposes.

convincing evidence  Preponderance of evidence 

Substantial evidence
(c) "Certificate" means an electronic document issued
to support a digital signature which purports to
confirm the identity or other significant characteristics
Section 6. Power of the court to stop further of the person who holds a particular key pair.
evidence. — The court may stop the
introduction of further testimony upon any (d) "Computer" refers to any single or interconnected
particular point when the evidence upon it is device or apparatus, which, by electronic, electro-
already so full that more witnesses to the same mechanical or magnetic impulse, or by other means
with the same function, can receive, record, transmit,
point cannot be reasonably expected to be
store, process, correlate, analyze, project, retrieve
additionally persuasive. But this power should and/or produce information, data, text, graphics,
be exercised with caution. (6) figures, voice, video, symbols or other modes of
expression or perform any one or more of these
Section 7. Evidence on motion. — When a functions.

motion is based on facts not appearing of

(e) "Digital signature" refers to an electronic signature
record the court may hear the matter on consisting of a transformation of an electronic
affidavits or depositions presented by the document or an electronic data message using an
respective parties, but the court may direct that asymmetric or public cryptosystem such that a person
the matter be heard wholly or partly on oral having the initial untransformed electronic document
and the signer's public key can accurately determine:
testimony or depositions.
i. whether the transformation was created
using the private key that corresponds to the
signer's public key; and
RULES OF ELECTRONIC EVIDENCE A.M. No.
01-7-01-SC ii. whether the initial electronic document had
been altered after the transformation was
Rule 1 made.
COVERAGE
(f) "Digitally signed" refers to an electronic document
Section 1. Scope. – Unless otherwise provided herein, these or electronic data message bearing a digital signature
Rules shall apply whenever an electronic document or verified by the public key listed in a certificate.
electronic data message, as defined in Rule 2 hereof, is
offered or used in evidence. (g) "Electronic data message" refers to information
generated, sent, received or stored by electronic,
Section 2. Cases covered. – These Rules shall apply to the optical or similar means.
criminal and civil actions and proceedings, as well as quasi-
judicial and administrative cases. (h) "Electronic document" refers to information or the
representation of information, data, figures, symbols
Section 3. Application of other rules on evidence. – In all or other modes of written expression, described or
matters not specifically covered by these Rules, the Rules of however represented, by which a right is established
or an obligation extinguished, or by which a fact may
 be proved and affirmed, which is received, recorded, Section 1. Electronic documents as functional equivalent of
transmitted, stored, processed, retrieved or produced paper-based documents. – Whenever a rule of evidence refers
electronically. It includes digitally signed documents to the term writing, document, record, instrument,
and any print-out or output, readable by sight or other memorandum or any other form of writing, such term shall be
means, which accurately reflects the electronic data deemed to include an electronic document as defined in these
message or electronic document. For purposes of Rules.
these Rules, the term "electronic document" may be
used interchangeably with "electronic data message". Section 2. Admissibility. – An electronic document is
admissible in evidence if it complies with the rules on
(i) "Electronic key" refers to a secret code which admissibility prescribed by the Rules of Court and related laws
secures and defends sensitive information that and is authenticated in the manner prescribed by these Rules.
crosses over public channels into a form decipherable
only with a matching electronic key. Section 3. Privileged communication. – The confidential
character of a privileged communication is not lost solely on
(j) "Electronic signature" refers to any distinctive mark, the ground that it is in the form of an electronic document.
characteristic and/or sound in electronic form,
representing the identity of a person and attached to Rule 4
or logically associated with the electronic data BEST EVIDENCE RULE
message or electronic document or any methodology
or procedure employed or adopted by a person and Section 1. Original of an electronic document. – An electronic
executed or adopted by such person with the intention document shall be regarded as the equivalent of an original
of authenticating, signing or approving an electronic document under the Best Evidence Rule if it is a printout or
data message or electronic document. For purposes output readable by sight or other means, shown to reflect the
of these Rules, an electronic signature includes digital data accurately.
signatures.

Section 2. Copies as equivalent of the originals. – When a

(k) "Ephemeral electronic communication" refers to document is in two or more copies executed at or about the
telephone conversations, text messages, chatroom same time with identical contents, or is a counterpart produced
sessions, streaming audio, streaming video, and other by the same impression as the original, or from the same
electronic forms of communication the evidence of matrix, or by mechanical or electronic re-recording, or by
which is not recorded or retained. chemical reproduction, or by other equivalent techniques which
accurately reproduces the original, such copies or duplicates
(l) "Information and communication system" refers to shall be regarded as the equivalent of the original.
a system for generating, sending, receiving, storing or
otherwise processing electronic data messages or Notwithstanding the foregoing, copies or duplicates shall not
electronic documents and includes the computer be admissible to the same extent as the original if:
system or other similar devices by or in which data
are recorded or stored and any procedure related to
(a) a genuine question is raised as to the authenticity
the recording or storage of electronic data messages
of the original; or
or electronic documents.

(b) in the circumstances it would be unjust or

(m) "Key pair" in an asymmetric cryptosystem refers
inequitable to admit the copy in lieu of the original.
to the private key and its mathematically related
public key such that the latter can verify the digital
signature that the former creates. Rule 5
AUTHENTICATION OF ELECTRONIC DOCUMENTS
(n) "Private key" refers to the key of a key pair used to
create a digital signature. Section 1. Burden of proving authenticity. – The person
seeking to introduce an electronic document in any legal
proceeding has the burden of proving its authenticity in the
(o) "Public key" refers to the key of a key pair used to
manner provided in this Rule.
verify a digital signature.

Section 2. Manner of authentication. – Before any private

Section 2. Construction. – These Rules shall be liberally
electronic document offered as authentic is received in
construed to assist the parties in obtaining a just, expeditious,
evidence, its authenticity must be proved by any of the
and inexpensive determination of cases.
following means:

The interpretation of these Rules shall also take into

(a) by evidence that it had been digitally signed by the
consideration the international origin of Republic Act No. 8792,
person purported to have signed the same;
otherwise known as the Electronic Commerce Act.

(b) by evidence that other appropriate security

Rule 3
procedures or devices as may be authorized by the
ELECTRONIC DOCUMENTS
Supreme Court or by law for authentication of
electronic documents were applied to the document;
or
 (c) by other evidence showing its integrity and (e) A certificate had been issued by the certification
reliability to the satisfaction of the judge. authority indicated therein.

Section 3. Proof of electronically notarized document. – A Rule 7

document electronically notarized in accordance with the rules EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS
promulgated by the Supreme Court shall be considered as a
public document and proved as a notarial document under the Section 1. Factors for assessing evidentiary weight. – In
Rules of Court. assessing the evidentiary weight of an electronic document,
the following factors may be considered:
Rule 6
ELECTRONIC SIGNATURES (a) The reliability of the manner or method in which it
was generated, stored or communicated, including
Section 1. Electronic signature. – An electronic signature or a but not limited to input and output procedures,
digital signature authenticated in the manner prescribed controls, tests and checks for accuracy and reliability
hereunder is admissible in evidence as the functional of the electronic data message or document, in the
equivalent of the signature of a person on a written document. light of all the circumstances as well as any relevant
agreement;
Section 2. Authentication of electronic signatures. – An
electronic signature may be authenticated in any of the (b) The reliability of the manner in which its originator
following manner: was identified;

(a) By evidence that a method or process was utilized (c) The integrity of the information and communication
to establish a digital signature and verify the same; system in which it is recorded or stored, including but
not limited to the hardware and computer programs or
(b) By any other means provided by law; or software used as well as programming errors;

(c) By any other means satisfactory to the judge as (d) The familiarity of the witness or the person who
establishing the genuineness of the electronic made the entry with the communication and
signature. information system;

Section 3. Disputable presumptions relating to electronic (e) The nature and quality of the information which
signatures. – Upon the authentication of an electronic went into the communication and information system
signature, it shall be presumed that: upon which the electronic data message or electronic
document was based; or
(a) The electronic signature is that of the person to
whom it correlates; (f) Other factors which the court may consider as
affecting the accuracy or integrity of the electronic
(b) The electronic signature was affixed by that document or electronic data message.
person with the intention of authenticating or
approving the electronic document to which it is Section 2. Integrity of an information and communication
related or to indicate such person's consent to the system. – In any dispute involving the integrity of the
transaction embodied therein; and information and communication system in which an electronic
document or electronic data message is recorded or stored,
(c) The methods or processes utilized to affix or verify the court may consider, among others, the following factors:
the electronic signature operated without error or
fault. (a) Whether the information and communication
system or other similar device was operated in a
Section 4. Disputable presumptions relating to digital manner that did not affect the integrity of the
signatures. – Upon the authentication of a digital signature, it electronic document, and there are no other
shall be presumed, in addition to those mentioned in the reasonable grounds to doubt the integrity of the
immediately preceding section, that: information and communication system;

(a) The information contained in a certificate is (b) Whether the electronic document was recorded or
correct; stored by a party to the proceedings with interest
adverse to that of the party using it; or

(b) The digital signature was created during the

operational period of a certificate; (c) Whether the electronic document was recorded or
stored in the usual and ordinary course of business by
a person who is not a party to the proceedings and
(c) No cause exists to render a certificate invalid or
who did not act under the control of the party using it.
revocable;

Rule 8
(d) The message associated with a digital signature
BUSINESS RECORDS AS EXCEPTION TO THE HEARSAY
has not been altered from the time it was signed; and,
RULE
Section 1. Inapplicability of the hearsay rule. – A Section 1. Audio, video and similar evidence. – Audio,
memorandum, report, record or data compilation of acts, photographic and video evidence of events, acts or
events, conditions, opinions, or diagnoses, made by electronic, transactions shall be admissible provided it shall be shown,
optical or other similar means at or near the time of or from presented or displayed to the court and shall be identified,
transmission or supply of information by a person with explained or authenticated by the person who made the
knowledge thereof, and kept in the regular course or conduct recording or by some other person competent to testify on the
of a business activity, and such was the regular practice to accuracy thereof.
make the memorandum, report, record, or data compilation by
electronic, optical or similar means, all of which are shown by Section 2. Ephemeral electronic communications. –
the testimony of the custodian or other qualified witnesses, is Ephemeral electronic communications shall be proven by the
excepted from the rule on hearsay evidence. testimony of a person who was a party to the same or has
personal knowledge thereof. In the absence or unavailability of
Section 2. Overcoming the presumption. – The presumption such witnesses, other competent evidence may be admitted.
provided for in Section 1 of this Rule may be overcome by
evidence of the untrustworthiness of the source of information A recording of the telephone conversation or ephemeral
or the method or circumstances of the preparation, electronic communication shall be covered by the immediately
transmission or storage thereof. preceding section.

Rule 9 If the foregoing communications are recorded or embodied in

METHOD OF PROOF an electronic document, then the provisions of Rule 5 shall
apply.
Section 1. Affidavit evidence. – All matters relating to the
admissibility and evidentiary weight of an electronic document  The terms “electronic data message” and “electronic
may be established by an affidavit stating facts of direct document,” as defined under the Electronic Commerce Act
personal knowledge of the affiant or based on authentic of 200, do not include a facsimile (fax) transmission and
records. The affidavit must affirmatively show the competence cannot be considered as electronic evidence. (MCC
of the affiant to testify on the matters contained therein. Industrial Sales Corp. v. Ssanyong Corp., 536 SCRA 408)
BAR
Section 2. Cross-examination of deponent. – The affiant shall
be made to affirm the contents of the affidavit in open court
and may be cross-examined as a matter of right by the
adverse party.

Rule 10
EXAMINATION OF WITNESSES

Section 1. Electronic testimony. – After summarily hearing the

parties pursuant to Rule 9 of these Rules, the court may
authorize the presentation of testimonial evidence by electronic
means. Before so authorizing, the court shall determine the
necessity for such presentation and prescribe terms and
conditions as may be necessary under the circumstances,
including the protection of the rights of the parties and
witnesses concerned.

Section 2. Transcript of electronic testimony. – When

examination of a witness is done electronically, the entire
proceedings, including the questions and answers, shall be
transcribed by a stenographer, stenotypist or other recorder
authorized for the purpose, who shall certify as correct the
transcript done by him. The transcript should reflect the fact
that the proceedings, either in whole or in part, had been
electronically recorded.

Section 3. Storage of electronic evidence. – The electronic

evidence and recording thereof as well as the stenographic
notes shall form part of the record of the case. Such transcript
and recording shall be deemed prima facie evidence of such
proceedings.

Rule 11
AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL
EVIDENCE