CLJ 5 - EVIDENCE

By: Prof. John Bryle F. Ferraro

REVISED RULES ON
EVIDENCE

2019 Amendment to the 1989 Revised Rules on

Evidence

A.M. No. 19-08-15-SC

May 01, 2020

 EVIDENCE

The means sanctioned by the law

(Rules of Court) of ascertaining in a
judicial proceedings the truth
respecting a matter of fact.
 COLLATERAL MATTERS

• Facts other than the facts in issue.

GR: Not allowed or inadmissible
Exception: when it tends to establish
the probability or improbability of the
facts in issue.
 SCOPE OF THE RULES ON
EVIDENCE

The rules of evidence shall be

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

Evidence is admissible when:

• it is RELEVANT to the issue and
• is NOT EXCLUDED BY THE LAW OR THE RULES OF
COURT
 BOARD: Evidence is admissible
when it is relevant to the issue and
not excluded by the law or the rules
of court. This statement refers to:

a. Admissibility of evidence
b. Relevancy of evidence
c. Competency of evidence
 BOARD: Which says that evidence
obtained through force, torture or
threat during investigations are not
admissible?

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

the cognizance of certain facts

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

a. Judicial admission
b. Judicial notice
 MANDATORY JUDICIAL NOTICE
A court shall take judicial notice, without the introduction of evidence,
of:
• the existence and territorial extent of states,
• their political history,
• forms of government and symbols of nationality,
• the law of nations,
• the admiralty and maritime courts of the world and their seals,
• the political constitution and history of the Philippines,
• the official acts of legislative, executive and judicial departments
of the National Government of the Philippines, the laws of
nature,
• the measure of time, and
• the geographical divisions.
 DISCRETIONARY JUDICIAL
NOTICE

A court may take judicial notice of matters

which are:
• of public knowledge, or
• are capable to unquestionable demonstration, or
• ought to be known to judges because of their
judicial functions
 Mandatory Judicial Notice
vs.
Discretionary Judicial Notice
JUDICIAL ADMISSIONS DEFINED

These are admissions, oral or

written, made by a party in the
course of the proceedings in the
same case, which do not require
proof.
 BOARD: The admission of a party
during trial?

a. Judicial admission
b. Judicial notice
 OBJECT EVIDENCE DEFINED

Object evidence (real evidence/autoptic

evidence) is tangible thing submitted to
the court for inspection, exhibition or
demonstration.
 DOCUMENTARY EVIDENCE
DEFINED

Documents as evidence consist of writings,

recordings, photographs, or any material
containing letters, words, sounds, numbers,
figures, symbols or other modes of written
expression offered as proof of their contents.
Photographs include still pictures, drawings,
stored images, x-ray films, motion pictures
or videos.
 BOARD: A form of evidence
represented by symbols such as letters,
numbers, and by which ideas are
represented on material substances.

a. Documentary evidence
b. Real evidence
 BEST EVIDENCE RULE DEFINED
(Original Document Rule)

General Rule: When the subject of

inquiry is the contents of a document,
writing, recording, photograph or
other record, no evidence is admissible
other than the original document
itself.
 BEST EVIDENCE RULE DEFINED
(Original Document Rule)

Exception:
1. When the original has been lost or destroyed, or cannot be
produced in court, without bad faith on the part of the offeror;
2. When the original is in the custody or under the control of the
party against whom the evidence is offered, and the latter fails to
produce it after reasonable notice, or the original cannot be
obtained by local judicial processes or procedures;
 BEST EVIDENCE RULE DEFINED
(Original Document Rule)

Exception:
3. When the original consists of numerous accounts or other
documents which cannot be examined in court without great loss
of time and the fact sought to be established from them is only
the general result of the whole; and
4. When the original is a public record in the custody of a public
officer or is recorded in a public office; and
5. When the original is not closely-related to a controlling issue.
 BOARD: What rule is observed when,
as a general rule, there can be no
evidence of a writing, the contents of
which is the subject of inquiry, other
than the original?

a. Original Document rule

b. Parol evidence rule
 NOTE

In a prosecution for libel published

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

In a case of falsification of
document, the document
alleged to have falsified
is the best evidence.
 Other Samples

• To prove the fact of death, the best evidence is

the death certificate.
• To prove marriage, the marriage contract.
• To prove ones age, birth certificate.
• To prove ownership of a piece of land, land title
• To prove ownership of a motor vehicle, certificate
of registration in ones name.
 WHAT IS AN ORIGINAL
DOCUMENT?

An original of a document is:

1) the document itself; or
2) any counterpart intended to
have the same effect by a person
executing or issuing it.
 WHAT IS A DUPLICATE?

A duplicate is a counterpart produced by

the same impression as the original or
from the same matrix, or by means of
photography, including enlargements and
miniatures, or by mechanical or electronic
re-recording or by chemical reproduction,
or by other equivalent techniques which
accurately reproduce the original.
 DOCUMENT DEFINED

Document is a deed, instrument

or other duly authorized paper
by which something is proved,
evidenced or set forth.
DEFINE PAROL EVIDENCE RULE

When the terms of an agreement have

been reduced to writing, it is considered as
containing all the terms agreed upon and
there can be, between the parties and their
successors in interest, no evidence of such
terms other than the contents of the
written agreement.
 BOARD: This rule forbids the addition, or
contradiction of a written instrument by testimony
showing that other or different terms were orally
agreed upon by the parties other than what is
written in a written instrument.

a. Original Document Rule

b. Parol Evidence Rule.
 Testimony Confined to Personal
Knowledge

A witness can testify only to those

facts which he or she knows of his
or her personal knowledge; that is,
which are derived from his or her
own perception.
 WHAT ARE THE EXCEPTIONS TO THE
PAROL EVIDENCE RULE?
A party may present evidence to modify, explain or add to the
terms of written agreement if he puts in issue in a verified
pleading:

1. Failure of the written agreement to express the true intent

and agreement of the parties thereto;
2. Intrinsic ambiguity, mistake or imperfection in the written
agreement;
3. Validity of the written agreement; or
4. Existence of other terms agreed to by the parties or their
successors in interest after the execution of the written
agreement.
 WITNESS DEFINED

a person who makes a

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

A person may be a witness if he or she:

1. Can perceive;
2. Can make known his perceptions to others
3. Must take either an oath or an affirmation; and
4. Must not possess any of the disqualifications
imposed by law or the rules.
COMPETENCY OF A WITNESS

Is the legal fitness or

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

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

a. 1
b. 2
c. At least 3
d. None of the above
 THINGS THAT DO NOT
DISQUALIFY A WITNESS

i) Religious or political belief

ii) interest in the outcome of the case,
or
iii) conviction of a crime
BOARD: A child may be considered
competent witness if he has:

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

a. They know or understand the nature of an oath.

b. They have sufficient knowledge to receive just
impression of facts which they are testifying
c. They are able to relate these facts truthfully to
the court
d. All of the above
DISQUALIFICATION BY REASON
OF MARRIGE

Also known as the “Marital

Disqualification Rule”
“Spousal Disqualification Rule”
 DISQUALIFICATION BY REASON
OF MARRIAGE

During their marriage, neither the husband nor the

wife may testify for or against the other without the
consent of the affected spouse, except:
• in a civil case by one against the other, or
• in a criminal case for a crime committed by one
against the other or the latter's direct
descendants or ascendants.
 REQUISITES OF DQ BY REASON
OF MARRIAGE

1. The spouses involved must be

legally married; and
2. Either of the spouse is a party to the
case.
DISQUALIFICATION BY REASON
OF PRIVILEGED
COMMUNICATION
The disqualification by reason of privileged
communication applies to both civil and
criminal cases except doctor-patient privilege,
which is applicable only in civil cases. Unless
waived, the disqualification under Sec. 24, Rule
130 remains even after the various relationships
therein have ceased to exist.
The following persons cannot testify as to
matters learned in confidence:

1.
The husband or the wife, during or after the
marriage, cannot be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage except in a civil case by one
against the other, or in a criminal case for a crime
committed by one against the other or the
latter's direct descendants or ascendants;
(Marital Communication Rule/Spousal
Immunity Rule/Husband and Wife Privilege)
 Attorney-Client Privilege

2
An attorney or person reasonably believed by the client to be licensed
to engage in the practice of law cannot, without the consent of his
client, be examined as to any communication made by the client to
him, or his advice given thereon in the course of, or with a view to,
professional employment, nor can an attorney's secretary,
stenographer, or clerk, or other persons assisting the attorney be
examined, without the consent of the client and his or her employer,
concerning any fact the knowledge of which has been acquired in
such capacity.
 Attorney-Client Privilege,
exemption

1) Furtherance of crime or fraud. If the

services or advice of the lawyer were sought
or obtained to enable or aid anyone to
commit or plan to commit what the client
knew or reasonably should have known to be
a crime or fraud;
 Attorney-Client Privilege,
exemption
2) Claimants through same deceased client. As to a communication relevant to an
issue between parties who claim through the same deceased client, regardless of
whether the claims are by testate or intestate or by inter vivos transaction;
3) Breach of duty by lawyer or client. As to a communication relevant to an issue of
breach of duty by the lawyer to his or her client, or by the client to his or her
lawyer;
4) Document attested by the lawyer. As to a commuication relevant to an issue
concerning an attested document to which the lawyer is an attesting witness; or
5) Joint clients. As to a communication relevant to a matter of common interest
between two or more clients if the communication was made by any of them to a
lawyer retained or consulted in common, when offered in an action between any
of the clients, unless they have expressly agreed otherwise.
 Physician and Patient Privilege

• A physician, psychotherapist or person reasonably believed by

the patient to be authorized to practice medicine or
psychotherapy cannot in a civil case, without the consent of
the patient, be examined as to any confidential
communication made for the purposeof diagnosis or
treatment of the patient’s physical, mental or emotional
condition, including alcohol or drug addiction, between the
patient and his or her physician or psychotherapist. This
privilege also applies to persons, including members of the
patient’s family, who have participated in the diagnosis or
treatment of the patient under the direction of the physician or
psychotherapist.
 Who is a psychotherapist?

a)A person licensed to practice medicine

engaged in the diagnosis or treatment of
a mental or emotional condition, or
b)A person licensed as a psychologist by
the government while similarly engaged.
 Priest and Penitent Privilege

A minister, priest reasonably believed to be so

cannot, without the consent of the affected
person, be examined as to any
communication or confession made to or any
advice given by him or her, in his or her
professional character in the course of
discipline enjoined by the church to which the
minister or priest belongs.
 Public Officers Privilege

A public officer cannot be examined

during his term of office or afterwards,
as to communications made to him in
official confidence, when the court
finds that the public interest would
suffer by the disclosure.
 WHAT IS PRIVILEGED
COMMUNICATION?

communications received in
confidence by a person from
another by reason of trust or
intimate relationship may not be
revealed to the court.
 BOARD: These are matters learned in
confidence and as a result of which they
cannot be revealed to another
especially to the courts.

a. Open secret
b. Privileged Communications
WHAT IS PARENTAL AND FILIAL
PRIVILEGE?

No person may be compelled to testify

against his parents, other direct
ascendants, children or other direct
descendants except when such testimony
is indispensable in a crime against that
person or by one parent against the other.
PARENTAL PRIVILEGE - parents
cannot be compelled to testify
against his descendants;

FILIAL PRIVILEGE - witness cannot

be compelled to testify against his
parents or other direct ascendants
 Privilege relating to trade secrets

A person cannot be compelled to testify about trade secret,

unless the non-disclosure will conceal fraud or otherwise
work injustice. When disclosure is directed, the court shall
take such protective measure as the interest of the owner of
the trade secret and of the parties and the furtherance of
justice may require.
 ADMISSIONS, DEFINED
Any statement of a fact by a party against
his interest or unfavorable to the
conclusion for which he contends or is
inconsistent with the facts alleged by him.
It is a statement of fact which does not
involve an acknowledgment of guilt or
liability.
 CONFESSIONS, DEFINED

The declaration of an accused expressly

acknowledging his guilt of the offense charged.

A categorical acknowledgment of guilt made by

the accused in a criminal case without any
exculpatory statement or explanation.
 NOTES

• Admissions are the acknowledgement by a party

as to the existence of a particular fact, made
judicially or extrajudicially, against his interest or
in his favor.
• Confession is the direct acknowledgment by a
person as to the fact of his guilt in the
commission of a crime.
 2 KINDS OF CONFESSIONS

1. Judicial Confession – made in the court

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

The act, declaration or

omission of a party as to a
relevant fact may be given in
evidence against him.
 WHAT ARE THE TYPES OF
ADMISSSIONS?

• Admission by a party
• Admission by co partner or agent
• Admission by co conspirator
• Admission by privies
• Admission by silence
 COMPROMISE, DEFINED

A contract whereby parties by making

reciprocal concessions, avoid a litigation or
put an end to one already commenced.

An agreement made between two or more

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

a. Compromise
b. Admission
 WHAT IS THE EFFECT OF
COMPROMISE IN CIVIL CASES?

GR: It is NOT an admission of any

liability and is NOT admissible
against the offeror. Neither is
evidence of conduct nor statements
made in compromise negotiations
admissible.
 WHAT IS THE EFFECT OF
COMPROMISE IN CIVIL CASES?

XPN: Evidence otherwise discoverable

or offered for another purpose, such
as proving bias or prejudice of a
witness, negativing a contention of
undue delay, or proving an effort to
obstruct a Criminal investigation or
prosecution.
 WHAT IS THE EFFECT OF
COMPROMISE IN CRIMINAL CASES?

In criminal cases, except those involving

quasi-offenses (criminal negligence) or
those allowed by law to be compromised,
an offer of compromised by the accused
may be received in evidence as an implied
admission of guilt.
 OFFER TO MARRY IN RAPE
CASES

An offer to marry the rape

victim made by the accused is
an admission of guilt.
 Note

A plea of guilty later withdrawn, or an unaccepted

offer of a plea of guilty to lesser offense, is not
admissible in evidence against the accused who
made the plea or offer. Neither is any statement
made in the course of plea bargaining with the
prosecution, which does not result in a plea of
guilty or which results in a plea of guilty later
withdrawn, admissible.
 Note

An offer to pay or the payment of

medical, hospital or other expenses
occasioned by an injury is not
admissible in evidence as proof of
civil or criminal liability for the injury.
WHAT IS THE EFFECT OF ADMISSIONS BY A
3RD PARTY UPON THE RIGHTS OF
ANOTHER?

The rights of a party cannot be

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

“Things done between strangers

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

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

The act or declaration of a partner or agent of the

party within the scope of his authority and during
the existence of the partnership or agency, may
be given in evidence against such party after the
partnership or agency is shown by evidence other
than such act or declaration. The same rule
applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested
with the party.
State the rule on ADMISSION BY
CO CONSPIRATOR.

The act or declaration of a conspirator

relating to the conspiracy and during its
existence, may be given in evidence
against the co-conspirator after the
conspiracy is shown by evidence other
than such act of declaration.
State the rule on ADMISSIONS BY
PRIVIES.

Where one derives title to property

from another, the act, declaration, or
omission of the latter, while holding
the title, in relation to the property, is
evidence against the former.
State the rule on ADMISSION BY SILENCE.

An act or declaration made in the presence and within the

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

ADOPTIVE ADMISION
 What is CONFESSION?

The declaration of an accused

acknowledging his guilt of the
offense charged, or of any offense
necessarily included therein, may
be given in evidence against him
 What is EXTRAJUDICIAL
CONFESSION?

one made outside the court and

cannot sustain a conviction
unless corroborated by
evidence of corpus delicti.
 What is CORPUS DELICTI?

It may refer to:

• The body of the crime or;
• The actual commission of the crime
charged; or
• The fact that a crime has been actually
committed.
 REQUISITES OF VALID
CONFESSIONS

• Confession must be express and categorical;

• Confession must be intelligent;
• Confession must be voluntarily given;
• There must be no violation of article III Sec. 12 of the
Constitution.
 What are INTERLOCKING
CONFESSIONS?

is a confession in a criminal case so corroborative of

each other as to impose faith that they must have a
basis in fact. Where extrajudicial confession have
been made by several persons charged with
conspiracy and there could have been no collusion
with reference to several confessions, the fact that
the statements are in all material respects identical is
confirmatory of the testimony of the accomplice.
 State the rule on
PREVIOUS/SIMILAR CONDUCT
AS EVIDENCE.
Evidence that one did or did not do a certain
thing at one time is not admissible to prove that
he did or did not do the same or similar thing at
another time; but it may be received to prove a
specific intent or knowledge; identity, plan,
system, scheme, habit, custom or usage, and the
like.
(Res inter alios act alteri noceri non debet)
 HEARSAY

• Hearsay is a statement other than one made by the

declarant while testifying at a trial or hearing, offered to
prove the truth of the facs asserted therein. A statement
is (1) an oral or written assertion or (2) a non-verbal
conduct of a person, if it is intended by him or her as an
assertion. Hearsay evidence is inadmissible except
provided in these Rules.
 REASON WHY HEARSAY
EXCLUDED AS EVIDENCE

It is excluded because the party against whom it is

presented is deprived of the right and opportunity to
cross examine the persons to whom the statement is
attributed.
 OTHER SAMPLES OF HEARSAY
EVIDENCE

• Affidavits where the affiants were not presented in court

for cross examinations.
• Medical certificates where the doctor who executed the
same were not presented in the court for cross
examinations.
ENUMERATE THE EXCEPTIONS TO
THE HEARSAY RULE

• Dying Declaration;
• Declaration Against Interest;
• Act or declaration About Pedigree;
• Family reputation or Tradition Regarding Pedigree[1];
• Common Reputation;
• Parts of the Res Gestae;
• Entries in the Course of Business;
• Entries in Official Record;
• Commercial Lists and the Like;
• Learned treatises.
 State the rule on DYING
DECLARATIONS

The declaration of a dying person, made under the

consciousness of an impending death, may be received
in any case wherein his death is the subject of inquiry,
as evidence of the cause and surrounding
circumstances of such death.
 BOARD: A stabbed B. B was left lying on the
floor. PO1 X arrived and interviewed B. B told
PO1 X that A stabbed him. Assuming that B
did not die, what has become of B’s
statement?

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

a. B’s death is indispensable so that

there is dying declaration
b. B’s statement was not made in the
presence of counsel
WHAT IS THE NATURE OF A DYING
DECLARATION?

• It is essentially hearsay, because one person is testifying

on what another person stated. This is because the
declarant can no longer be presented in court to identify
or confirm his statement and to be confronted with said
statement by the accused and be crossed examined
thereon.
 2 REASONS WHY DYING
DECLARATIONS ARE ADMISSIBLE

• NECESSITY- because the declarant death makes it

impossible for him to take the witness stand and
• TRUSTWORTHINESS- for when a person is at the point
of death, every motive for falsehood is silenced and the
mind is induced by the most powerful consideration to
speak the truth.
 MISCONCEPTION IN DYING
DECLARATION

Q: Will the court automatically convict a person who is

named by the victim in his dying declaration?
A: No. If the place where the crime occurred was dark
or completely dark or his back was turned when he
was hit by an unknown assailant, it may not be
possible for the victim to identify his assailant and
hence his dying declaration naming a particular
person to be his killer may not be believed (because it
may cause injustice).
Statement of decedent or person of
unsound mind
• In an action against an executor or administrator or other
representative of a deceased person, or against a person of unsound
mind, upon a claim or demand against the estate of such deceased
person or against such person of unsound mind, where a party or
assignor of a party or a person in whose behalf a case is prosecuted
testifies on a matter of fact occurring before the death of the
deceased or before the person became of unsound mind, any
statement of the deceased or the person of unsound mind at a time
when the matter had been recently perceived by him or her and
while his or her recollection was clear. Such statement, however, is
inadmissible if made under circumstances indicating its lack of
trustworthiness.
 DECLARATION AGAINST
INTEREST

Declaration against interest. — The declaration made by a person

deceased, or unable to testify, against the interest of the declarant, if
the fact is asserted in the declaration was at the time it was made so
far contrary to the declarant's own interest, that a reasonable person
in his or her position would not have made the declaration unless he
or she believed it to be true, may be received in evidence against
himself or herself or him or her successors in interest and against
third persons. A statement tending to expose the declarant to
criminal liability and offered to exculpate the accused is not
admissible unless corroborating circumstances clearly indicate the
trustworthiness of the statement.
DECLARATION ABOUT PEDIGREE

The act or declaration of a person deceased, or unable to testify,

in respect to the pedigree of another person related to him or
her by birth, adoption or marriage, or, in the absence thereof,
with whose family, he or she was so intimately associated as to
be likely to have accurate information concerning his or her
pedigree, may be received in evidence where it occurred
before the controversy, and the relationship between the two
persons is shown by evidence other than such act or
declaration. The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when and the
places where these fast occurred, and the names of the
relatives. It embraces also facts of family history intimately
connected with pedigree.
 FAMILY REPUTATION OR
TRADITION ABOUT PEDIGREE

The reputation or tradition existing in a family

previous to the controversy (ante litem motam), in
respect to the pedigree of any one of its members,
may be received in evidence if the witness
testifying thereon be also a member of the family,
either by consanguinity or affinity or adoption..
Entries in family bibles or other family books or
charts, engravings on rings, family portraits and
the like, may be received as evidence of pedigree.
BOARD: It refers to family history or descent transmitted from
one generation unto another whether oral or written and
which may be an exception to the hearsay rule.

a. Whiskas
b. Pedigree
c. Laying Mass
d. Concentrate
 COMMON REPUTATION

Common reputation existing previous to the controversy, as

to boundaries or customs affecting lands in the
community and reputation as to events of general history
imporatant to the community, or respecting facts of
public or general interest more than thirty years old, or
respecting marriage or moral character, may be given in
evidence. Monuments and inscriptions in public places
may be received as evidence of common reputation.
 Part of RES GESTAE

Statements made by a person while a starting

occurrence is taking place or immediately prior or
subsequent thereto, under the stress of excitement
caused by the occurrence with respect to the
circumstances thereof, may be given in evidence as
part of res gestae. So, also, statements
accompanying an equivocal act material to the issue,
and giving it a legal significance, may be received as
part of the res gestae.
 Records of regularly conducted
business acitivity

• A memorandum, report, record or data compilation of acts,

events, conditions, opinions, or diagnoses, made by writing,
typing, electronic, optical or other similar means or near the
time of or from transmission or supply of information by a
person with knowledge thereof, and kept in the regular course
or conduct of business activity, and such was the regular
practice to make the memorandum, report, record, or data
compilation by electronic, optical or similar means, all of which
are shown by the testimony of the custodian or other qualified
witnesses, is excepted from the rule on hearsay evidence.
 ENTRIES IN THE COURSE OF
BUSINESS

Entries made at, or near the time of transactions to

which they refer, by a person deceased, or unable to
testify, who was in a position to know the facts therein
stated, may be received as prima facie evidence, if such
person made the entries in his professional capacity or
in the performance of duty and in the ordinary or
regular course of business or duty.
 ENTRIES IN OFFICIAL RECORDS

Entries in official records made in the performance of his

duty by a public officer of the Philippines, or by a
person in the performance of a duty specially enjoined
by law, are prima facie evidence of the facts therein
stated
 COMMERCIAL LISTS

• Evidence of statements of matters of interest to

persons engaged in an occupation contained in a list,
register, periodical, or other published compilation is
admissible as tending to prove the truth of any
relevant matter so stated if that compilation is
published for use by persons engaged in that
occupation and is generally used and relied upon by
them therein.
 LEARNED TREATISES

A published treatise, periodical or pamphlet on a

subject of history, law, science, or art is admissible
as tending to prove the truth of a matter stated
therein if the court takes judicial notice, or a
witness expert in the subject testifies, that the
writer of the statement in the treatise, periodical
or pamphlet is recognized in his profession or
calling as expert in the subject
BOARD: It refers to the conclusion of expert witnesses.

a. Opinion
b. testimony
 FACTORS TO BECOME EXPERT
WITNESS

A. Training and education;

B. First hand familiarity with the facts of the case;
C. Presentation of authorities or standards from which his
opinions are based.
 STATE THE RULE ON ORDINARY
OPINION

General rule. — The opinion of witness is not admissible,

except as indicated in the following sections.
 State the rule on opinion of expert
witness.

The opinion of a witness on a matter requiring special

knowledge, skill, experience or training which he
shown to posses, may be received in evidence.
 WHEN IS OPINION OF ORDINARY
WITNESS ADMISSIBLE?

The opinion of a witness for which proper basis is given, may

be received in evidence regarding —

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

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

a. When he had at least 72 units in BS Criminology

b. When he is a former QD expert
c. When he is testifying about the handwriting of a
person whom he has sufficient familiarity
 STATE THE RULE ON ADMISSIBILITY OF
CHARACTER OF WITNESS

Character evidence not generally admissible

• Character evidence not generally admissible; exceptions: — Evidence of a
person’s character or a trait of character is not admissible for the purpose of
proving action in conformity therewith on a particular occasion, except:
• In Criminal Cases:
• (1)The character of the offended party may be proved if it tends to establish in
any reasonable degree the probability or improbability of the offense charged.
• (2)The accused may prove his or her good moral character which is pertinent to
the moral trait involved in the offense charged. However, the prosecution may
not prove his or her bad moral character unless on rebutal.
• In Civil Cases:
• Evidence of the moral character of a party in civil case is admissible only when
pertinent to the issue of character involved in the case.
• In Criminal and Civil Cases
• Evidence of the good characer of a witness is not admissible until
such character has been impeached.
• In all cases in which evidence of character or a trait of character of a
peron is admissible, proof may be made by testimony as to
reputation or by testimony in the form of an opinion. On cross-
examination, inquiry is allowable into relevant specific instances of
that person’s conduct.
• In cases in which character or a trait of character of a person is an
essential element of a charge, claim or defense, proof may also be
made of specific instances of that person’s conduct.
• Burden of proof and burden of evidence. — Burden of
proof is the duty of a party to present evidence on the
facts in issue necessary to establish his claim or defense
by the amount of evidence required by law. Burden of
proof never shifts.
• Burden of evidence is the duty of a party to present
evidence sufficient to establish or rebut a fact in issue to
establish a prima facie case. Burden of evidence may shift
from one party to the other in the course of the
proceedings, depending on the exigencies of the case.
 BOARD: Burden of proof:

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

it means that the testimony adduced by one side is

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

such relevant evidence as a

reasonable mind might
accept as adequate to
support a conclusion.
 CONCLUSIVE PRESUMPTION
DEFINED

It is an inference which the law makes

so peremptory that it will not allow
such inference to be overturned by any
contrary proof however strong.
Conclusive presumption is also known
as presumption juris et de jure.
GIVE INSTANCES OF CONCLUSIVE
PRESUMPTION
a) Whenever a party has, by his own declaration, act, or omission,
intentionally and deliberately led another to believe a particular
thing true, and to act upon such belief, he cannot, in any litigation
arising out of such declaration, act or omission, be permitted to
falsify it:
This is known as: ESTOPPEL IN PAIS
b) The tenant is not permitted to deny the title of his landlord at
the time of commencement of the relation of landlord and
tenant between them.
This is known as: ESTOPPEL BY DEED
 BOARD: This is a bar which precludes or
prohibits a person from denying or asserting
anything contrary to what he said or what he
represented to be the state of facts

a. Estoppel
b. In Pari delicto
 DISPUTABLE PRESUMTION
DEFINED

• It is a presumption which stands as true unless rebutted

by contrary evidence. This is also known as presumption
juris tantum.
 EXAMPLES OF DISPUTABLE
PRESUMPTIONS
a) That a person is innocent of crime or wrong;
b) That an unlawful act was done with an unlawful intent;
c) That a person intends the ordinary consequences of his voluntary act;
d) That a person takes ordinary care of his concerns;
e) That evidence willfully suppressed would be adverse if produced;
f) That money paid by one to another was due to the latter;
g) That a thing delivered by one to another belonged to the latter;
h) That an obligation delivered up to the debtor has been paid;
i) That prior rents or installments had been paid when a receipt for the
later one is produced;
j) That a person found in possession of a
thing taken in the doing of a recent
wrongful act is the taker and the doer of
the whole act; otherwise, that things
which a person possess, or exercises acts
of ownership over, are owned by him;
• That after an absence of seven years, (7) it being
unknown whether or not the absentee still lives,
he is considered dead for all purposes, except for
those of succession.
• The absentee shall not be considered dead for the
purpose of opening his succession till after an
absence of ten years (10). If he disappeared after
the age of seventy-five years, an absence of five
years (5) shall be sufficient in order that his
succession may be opened.
The following shall be considered dead for all
purposes including the division of the estate
among the heirs:
1) A person on board a vessel lost during a sea
voyage, or an aircraft with is missing, who has
not been heard of for four years since the loss of
the vessel or aircraft;
2) A member of the armed forces who has taken
part in armed hostilities, and has been missing
for four years;
3) A person who has been in danger of death under
other circumstances and whose existence has
not been known for four years;
4) If a married person has been absent for four
consecutive years, the spouse present may
contract a subsequent marriage if he or she has
well-founded belief that the absent spouse is
already death. In case of disappearance, where
there is a danger of death the circumstances
hereinabove provided, an absence of only two
years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in
any case, before marrying again, the spouse
present must institute summary proceedings as
provided in the Family Code and in the rules for
declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of
the absent spouse. aw library
That if the marriage is terminated and the mother
contracted another marriage within three hundred days
after such termination of the former marriage, these rules
shall govern in the absence of proof to the contrary:

1) A child born before one hundred eighty days after the

solemnization of the subsequent marriage is considered
to have been conceived during the former marriage,
provided it be be born within three hundred days after
the termination of the former marriage.

2) A child born after one hundred eighty days following the

celebration of the subsequent marriage is considered to
have been conceived during such marriage, even though
it be born within the three hundred days after the
termination of the former marriage.
• Presumption of Law- is known as presumption
presumtiones juris. They are the conclusive (juris et de
jure) and disputable presumptions (presumption juris
tantum).
• Presumption of fact is known as presumtiones hominis
 Q: Mention some common and well recognized
presumptions by jurisprudence.

A: They are:
1. A man and a woman living together are married.
2. That every person is of sound mind as sanity is
presumed and not insanity.
3. Good faith is always presumed and not bad faith.
4. That a person is potent because impotency being
an abnormality is not presumed.
 DOCTRINE OF STALE DEMANDS

• It is the failure or neglect for an unreasonable and

unexplained length of time to do that which, by
exercising due diligence, could or should have been done
earlier, thus giving rise to a presumption that the party
entitled to assert it has abandoned or declined to assert
it. The doctrine of stale demands is also known as
LACHES.
 CLEAR AND CONVINCING
EVIDENCE

• is evidence more than preponderance of evidence but

less than proof beyond reasonable doubt. It is the
quantum of proof required to prove insanity, paternity or
filiation, self defense among others.
 EXAMINATION OF WITNESS

• The examination of witnesses presented in a trial or

hearing shall be done in open court, and under oath or
affirmation. Unless the witness is incapacitated to
speak, or the questions call for a different mode of
answer, the answers of the witness shall be given
orally.
 OATH, DEFINED

• A form of attestation by which a person signifies that he

is bound in conscience and that in case he does not tell
the truth divine retribution would follow against him.
• It is an outward pledge, given by the person taking it that
his attestation or promise is made under an immediate
sense of responsibility to God.
 AFFIRMATION, DEFINED

• A declaration instead of an oath that a person will tell the

truth.
 PROCEEDINGS TO BE RECORDED

• The entire proceedings of a trial or hearing, including the

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

The right of the person against self incrimination. But it

is not self executing or automatically operational. It
must be claimed. Otherwise it is considered waived, as
by failure to claim it at the appropriate time. Hence,
the accused must actively invoke it. The proper time to
invoke it is when a question calling for incriminating
answer is asked. Note also that it applies to testimonial
compulsion only.
ORDER IN THE EXAMINATION OF
WITNESS

a.Direct examination by the proponent;

(Also known as EXAMINATION IN CHIEF)
b.Cross-examination by the opponent;
c. Re-direct examination by the
proponent;
d.Re-cross-examination by the opponent.
 DIRECT EXAMINATION

Direct examination is the

examination-in-chief of a witness
by the party presenting him on the
facts relevant to the issue.
 CROSS EXAMINATION

Upon the termination of the direct examination,

the witness may be cross-examined by the adverse
party as to many matters stated in the direct
examination, or connected therewith, with
sufficient fullness and freedom to test his accuracy
and truthfulness and freedom from interest or bias,
or the reverse, and to elicit all important facts
bearing upon the issue.
 RE DIRECT EXAMINATION

After the cross-examination of the witness has

been concluded, he may be re-examined by the
party calling him, to explain or supplement his
answers given during the cross-examination. On re-
direct-examination, questions on matters not dealt
with during the cross-examination, may be allowed
by the court in its discretion.
 RE CROSS EXAMINATION

Upon the conclusion of the re-direct

examination, the adverse party may re-
cross-examine the witness on matters
stated in his re-direct examination, and
also on such other matters as may be
allowed by the court in its discretion
 RECALLING WITNESS

After the examination of a witness by

both sides has been concluded, the
witness cannot be recalled without
leave of the court. The court will grant
or withhold leave in its discretion, as
the interests of justice may require.
 LEADING QUESTION

• A question which suggests to the witness the answer

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

a. Leading question
b. Misleading question
 ARE LEADING QUESTIONS
ALLOWED?
It is not allowed, except:
a) On cross examination;
b) On preliminary matters;
c) When there is a difficulty is getting direct and intelligible
answers from a witness who is ignorant, or a child of tender
years, or is of feeble mind, or a deaf-mute;
d) Of an unwilling or hostile witness; or
e) Of a witness who is an adverse party or an officer, director, or
managing agent of a public or private corporation or of a
partnership or association which is an adverse party.
 MISLEADING QUESTION

A MISLEADING QUESTION is one

which assumes as true a fact not yet
testified to by the witness, or contrary
to that which he has previously stated.
It is not allowed.
IMPEACHMENT OF WITNESS

PROCESS OF
DISCREDITING A
WITNESS
 HOW TO IMPEACH A WITNESS

A witness may be impeached by the party against whom he

was called, by:
i) contradictory evidence,
ii) by evidence that his general reputation for truth,
honestly, or integrity is bad, or
iii) by evidence that he has made at other times
statements inconsistent with his present, testimony,
but not by evidence of particular wrongful acts, except
that it may be shown by the examination of the
witness, or the record of the judgment, that he has
been convicted of an offense.
CAN YOU IMPEACH YOUR OWN
WITNESS?

NO. The party producing a witness is

not allowed to impeach his credibility.
Except with respect to witnesses
referred to in paragraphs d (unwilling
or hostile witness) and e (witness who
is adverse party) of Section 10,
 UNWILLING OR HOSTILE
WITNESS

A witness may be considered as unwilling

or hostile only if so declared by the court
upon adequate showing of his adverse
interest, unjustified reluctance to testify, or
his having misled the party into calling him
to the witness stand.
EXCLUSION AND SEPARATION OF
WITNESSES

On any trial or hearing, the judge may exclude

from the court any witness not at the time
under examination, so that he may not hear
the testimony of other witnesses. The judge
may also cause witnesses to be kept separate
and to be prevented from conversing with one
another until all shall have been examined.
 Present Recollection Revived

A witness may be allowed to refresh his

memory respecting a fact, by anything
written or recorded by himself or under his
direction at the time when the fact occurred,
or immediately thereafter, or at any other
time when the fact was fresh in his memory
and knew that the same was correctly written
or recorded
 Past Recollection Recorded.

A witness may testify from such writing or

record, though he retains no recollection
of the particular facts, if he is able to
swear that the writing or record correctly
stated the transaction when made; but
such evidence must be received with
caution
 OFFER OF EVIDENCE

means the presentation or

introduction of evidence in
court. The court shall consider
no evidence which has not been
formally offered.
 PUBLIC AND PRIVATE
DOCUMENTS
For the purpose of their presentation evidence, documents are either public or private.

Public documents are:

a) The written official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or of a
foreign country;
b) Documents acknowledge before a notary public except last wills and testaments;
and
c) Public records, kept in the Philippines, of private documents required by law to the
entered therein.

All other writings are private.

 FOUR KINDS OF DOCUMENTS

• PRIVATE DOCUMENTS- are every deed or instrument

executed by a private person without the intervention of a
public notary or other persons legally authorized; by which
some disposition or agreement is proved, evidenced or set
forth.
• COMMERCIAL DOCUMENT-any document defined and
regulated by the Code of Commerce
• OFFICIAL DOCUMENT- a document which is issued by a
public official in the exercise of the functions of his office.
• PUBLIC DOCUMENT
 PROOF OF PRIVATE DOCUMENT

Before any private document offered as authentic

is received in evidence, its due execution and
authenticity must be proved either:
a) By anyone who saw the document executed or
written; library
b) By evidence of the genuineness of the signature
or handwriting of the maker.
 ANCIENT DOCUMENT RULE

Where a private document is more than

thirty years old, is produced from the
custody in which it would naturally be found
if genuine, and is unblemished by any
alterations or circumstances of suspicion, no
other evidence of its authenticity need be
given
 HOW TO PROVE GENUINESS OF
HANDWRITING?
The handwriting of a person may be proved:
1. by any witness who believes it to be the handwriting of such
person because he has seen the person write, or
2. by a witness who has seen writing purporting to be his upon
which the witness has acted or been charged, and has thus
acquired knowledge of the handwriting of such person.
Evidence respecting the handwriting may also be given
3. by a comparison, made by the witness or the court, with
writings admitted or treated as genuine by the party against
whom the evidence is offered, or proved to be genuine to the
satisfaction of the judge.
AUTHENTICATION, MEANING

To authenticate a private
document means to prove its
genuineness and due execution.
Due execution and genuineness
means the instrument is not
spurious, counterfeit etc.
 VALUE OF ENTRIES IN PUBLIC
RECORDS

Documents consisting of entries in

public records made in the
performance of a duty by a public
officer are prima facie evidence
of the facts therein stated
EFFECT OF NOTARIZATION OF
DOCUMENTS

Every instrument duly acknowledged or

proved and certified as provided by law,
may be presented in evidence without
further proof, the certificate of
acknowledgment being prima facie
evidence of the execution of the
instrument or document involved.
Q: What is the effect of notarization?
A: It converts private documents into
public documents. Hence it becomes
admissible in evidence without further
proof of its authenticity
 FILIPINO AND ENGLISH

Documents written in an unofficial

language shall not be admitted as
evidence, unless accompanied with a
translation into English or Filipino. To avoid
interruption of proceedings, parties or their
attorneys are directed to have such
translation prepared before trial.
 OFFER OF EVIDENCE

The court shall consider no

evidence which has not been
formally offered. The purpose
for which the evidence is offered
must be specified.
 WHEN TO MAKE OFFER OF
EVIDENCE

• As regards the testimony of a witness, the offer must be

made at the time the witness is called to testify.
• Documentary and object evidence shall be offered after
the presentation of a party's testimonial evidence. Such
offer shall be done orally unless allowed by the court to
be done in writing.
 WHEN TO MAKE AN OBJECTION

• Objection to evidence offered orally must be made

immediately after the offer is made.
• Objection to a question propounded in the course of
the oral examination of a witness shall be made as
soon as the grounds therefore shall become
reasonably apparent.
• An offer of evidence in writing shall be objected to
within three (3) days after notice unless a different
period is allowed by the court.
• In any case, the grounds for the objections must be
specified.
 STRIKING OUT ANSWERS

• Should a witness answer the question before the

adverse party had the opportunity to voice fully its
objection to the same, and such objection is found to
be meritorious, the court shall sustain the objection
and order the answer given to be stricken off the
record.
• On proper motion, the court may also order the
striking out of answers which are incompetent,
irrelevant, or otherwise improper.
TENDER OF EXCLUDED EVIDENCE

• A procedure undertaken by a party normally through

a lawyer if the evidence is excluded by the court
wherein the offeror may have the same attached to
or made part of the record. If the evidence excluded
is oral, the offeror may state for the record the name
and other personal circumstances of the witness and
the substance of the proposed testimony.
• Tender of excluded evidence is also known as proffer
of evidence or offer of proof
 PROOF BEYOND REASONABLE
DOUBT

• In a criminal case, the accused is entitled to an

acquittal, unless his guilt is shown beyond
reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof,
excluding possibility of error, produces
absolute certainly. Moral certainly only is
required, or that degree of proof which
produces conviction in an unprejudiced mind.
 BOARD: Known in law as that degree of proof which
produces in the mind of the judge, an unprejudiced person,
that moral certainty, or moral conviction that the accused is
guilt and should be punished.

a. Proof beyond reasonable doubt

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

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

a. Suspect
b. Respondent
c. Accused
d. Appellant
e. Convict
f. Prisoner
 EXTRAJUDICIAL CONFESSION

An extrajudicial confession
made by an accused, shall not
be sufficient ground for
conviction, unless corroborated
by evidence of corpus delicti.
 SUBSTANTIAL EVIDENCE

In cases filed before administrative or quasi-

judicial bodies, a fact may be deemed
established if it is supported by substantial
evidence, or that amount of relevant
evidence which a reasonable mind might
accept as adequate to justify a conclusion.
 Power of the Court to Stop
Further Evidence

The court may stop the introduction of

further testimony upon any particular point
when the evidence upon it is already so full
that more witnesses to the same point
cannot be reasonably expected to be
additionally persuasive. But this power
should be exercised with caution
 CREDIBILITY OF WITNESS

refers to the integrity,

disposition and intention to tell
the truth in the testimony he has
given
 FALSO IN UNO FALSO IN
OMNIBUS

It literally means “false in one thing-false in

everything”. It refers to that principle where on one
point, the witness has lied, his testimony upon another
points may be disregarded. This is no longer followed in
the Philippines. The modern trend of jurisprudence is to
the effect that the testimony of a witness maybe
believed in part and disbelieved in part, depending
upon the corroborative evidence and the probabilities
and improbabilities of the case.
 RES IPSA LIQUITOR

“The thing/fact/transaction speaks for itself.”

A doctrine which means that where the thing shown

to be under the management of the defendant, and
where an accident in the ordinary course of event
does not happen when the business is properly
conducted, the accident itself raises the presumption
of negligence in the absence of any explanation.
 ALIBI

known as the weakest defense in a criminal

case. It is an averment that the accused was
at another place for such period of time
that it was impossible for him to have been
at the place where the act was committed
at the time of its commission
 BOARD: Alibi can be believed or
acquire evidentiary strength when:

a. Evidence of guilt is strong

b. There is no positive and proper identification of the
accused had been made by the supposed witnesses.
CHAIN OF CUSTODY OF EVIDENCE

A physical evidence cannot be admitted in

court without a testimonial sponsor who can
vouch for the authenticity and unaltered state
of the physical evidence. To maintain the
integrity of the evidence, a record must be
kept of each and every time the item changes
possession in the hands of those involved in
the administration of justice.
 EVIDENCE DEFINED

• Evidence is the means, sanctioned by these rules, of

ascertaining in a judicial proceeding the truth
respecting a matter of fact.
• Main Source of the Law on Evidence:
• Rules of Court Rules 128-133 (134)
• PROOF, defined- the result or the effect of
evidence.
• FACTUM PROBANDUM - the ultimate fact or
the fact sought to be established. It is the fact to
be proved.
• FACTUM PROBANS- factum probans is the
evidentiary fact or the fact by which the factum
probans is to be established
 CLASSIFICATION OF EVIDENCE
1. Object or real or autoptic evidence or physical evidence or tangible evidence-
that which is directly addressed to the senses of the court and consists of
tangible things exhibited in court. Chain of Custody- the presenter of an object
evidence may be required to prove its chain of custody, that is the people who took
charge thereof from its recovery to presentation in court so that it may pass the
process of authentication. If the object evidence is easy to identify, mere testimony
of witness is sufficient.
2. Testimonial evidence- that which is submitted to the court through the
testimony or deposition of a witness. It is that which directly comes out of the
witness’s mouth, oral or written, such as depositions and affidavits.
3. Relevant evidence- evidence having any value in reason as tending to prove any
matter provable in an action.
4. Material evidence- evidence directed to prove a fact in issue as determined by
the rules of substantive law and pleading.
5. Competent evidence- evidence that is not excluded by the rules, statute or the
Constitution.
6. Direct evidence- that which proves the fact in
dispute without the aid of any inference or
presumption.
7. Circumstantial evidence- the proof of fact or facts
from which, taken either singly or collectively, the
existence of the particular fact in dispute may be
inferred as a necessary or provable consequence.
8. Cumulative evidence- evidence of the same kind and
to the same state of facts.
9. Corroborative evidence- additional evidence of a
different character to the same point.
10. Expert evidence- the testimony of one possessing
in regard to a particular subject or department of
human activity, knowledge not usually acquired by
other persons.
11. Prima Facie Evidence- that which standing
alone, unexplained or uncontradicted, is sufficient
to maintain the proposition affirmed.
12. Primary evidence- that which the law regards
as affording the greatest certainty of the fact in
question
13. Secondary evidence or Substitutionary
Evidence- that which is inferior to the primary
evidence and is permitted only when the best
evidence is not available.
14. Positive evidence- when a witness affirms that
a fact did or did not occur.
15. Negative evidence- when a witness states he
did not see or know of the occurrence of a fact.
16. Documentary evidence- it consists of writings
or any material containing letters, words, numbers,
figures, symbols or other modes of written
expressions offered as proof of their contents.
17. Electronic evidence- document or information
received, recorded, transmitted, stored, processed
or produced electronically.
18. Forgotten evidence- evidence which was not
presented in court because of oversight or
forgetfulness of a party or counsel.
19. Exculpatory evidence- that evidence which will
excuse a person from an alleged fault or crime.
20. Evidence Aliunde or Extraneous evidence-
evidence from outside or another source.
21. Inculpatory evidence- are evidence
which has the tendency to implicate or
incriminate a person.
22. Self serving evidence- one made by the
party to favor his own interest. It is one
made by a party out of court.
23. Opinion evidence – evidence given by
an ordinary person regarding of what he
thinks.
24. Rebuttal evidence- evidence that will
contradict the other party’s evidence
 BOARD: Maps, charts and
demonstrations used to illustrate or
emphasize a point are:

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

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

a. Proof that he is an accomplice in

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

MATERIAL EVIDENCE – Evidence that

affects an issue in a substantial matter.
 BOARD: A rule of conduct just and obligatory and laid by
authorities for common observance and benefit.

It is also known as the society’s instrument for

making known what acts are crime and what sanctions
may be applied to those who commit those acts.

a. Criminal law
b. Law
c. Evidence
d. Criminal procedure
BOARD: It means giving to everyone his just
due. It is a social norm providing guidance
for the people in their dealings with one
another.

a. Law
b. Justice.
 Note

Statements in an affidavit not testified upon in

the trial are mere hearsay evidence and have
no value.

Hearsay evidence whether objected or not

has no probative value (unless covered by the
exceptions).
 Note

The positive findings of paraffin test does

not conclusively show that the accused has
fired a gun. A positive finding is only an
indication of possibility but not infallibility
since nitrates are found also in substances
other than gunpowder.
 AFFIDAVIT OF
RECANTATION/RETRACTION

One where the witness

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

One where the complainant signifies his

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