Evidence Finals Reviewer

EVIDENCE
FINALS REVIEWER
Disclaimer: This is just suppletory to your other study Evidence Testimony

materials since this is basically just the lecture of Justice It is a comprehensive It is a kind of evidence
Aquino and the notes of the person who compiled this. J term that includes presented in a trial by
testimony. witnesses verbally.
GENERAL PRINCIPLES
Evidence Argument
Q: What is Evidence? It is the means by which The invocation of counsel
A: Evidence is the means, sanctioned by the Rules, of the tribunal is sought to of ordinary rules of logic
ascertaining in a judicial proceeding the truth respecting a be persuaded as to some and rhetoric in the
matter of fact. fact-in-issue. It merely combination of assumed
Q: Why do we need to ascertain the truth respecting to a presents the elemental facts to enable the
matter of fact? facts for the tribunal’s tribunal to draw the
appreciation. desired inference.
A: Because there is a presumption that the court is not
aware of the veracity of the facts involved in a case, thus,
Different definitions of the
it is incumbent upon the parties to prove a fact in issue
classification of Evidence
through presentation of admissible evidence. (Justice HLA’s definition)
Q: What must be proven by evidence? * - galing sa memaid kasi walang sinabi si Justice
A: All facts in issue and other relevant facts.

The means, sanctioned by the
Q: Exceptions?
Rules, of ascertaining in a judicial
A: Judicial notice, facts which are already admitted or are Evidence
proceeding the truth respecting a
not denied, facts that are legally presumed, those subject matter of fact.
of an agreed statement of facts between the parties or in Electronic Any evidence generated using
the course of the proceedings, facts within the knowledge Evidence electronic devises.
of the opposite party, and allegations contained in the
Evidence which is generally
complaint or answer immaterial to the issues.
Original admissible when the subject of
Q: What is the scope of Evidence? Evidence judicial inquiry is the contents of a
A: Same in all courts and in all trials and hearings. written instrument.
Q: Exceptions? Parol Evidence which generally varies
Evidence the terms of a written agreement.
A: NICOLE (Naturalization, Insolvency, Cadastral, Other
cases, Land Registration, and Election cases) Evidence which proves the fact in
Direct
dispute without the aid of any
Q: How may an Evidence be admissible in Courts? Evidence*
inference or presumption.
A: It must be both relevant and competent. Evidence which establishes a fact
Circumstantial
Q: What does “relevant evidence” mean? by making an inference from
Evidence
A: Evidence that has a relation to the fact in issue as to previously proven facts.
induce belief in its existence or non-existence. Prima facie An evidence enough to prove a fact
Q: What does “competent evidence” mean? Evidence in issue if not controverted.
Conclusive Evidence which cannot be refuted
A: Evidence that is not exclude by the Rules on Evidence,
Evidence or controverted.
the law, and the Constitution.
Evidence which is different from an
Corrobative
evidence already addressed that
Other distinctions between Evidence
which proves the same fact.
evidence and other concepts
Evidence which is similar to one
Cumulative
already adduced proving the same
Evidence Proof Evidence
fact.
The medium or means by
The effect or result of Object Evidence which is addressed to the
which a fact is proved or
evidence. Evidence senses of the court.
disproved.
Evidence in the form of a
Demonstrative representation of an object.
Evidence Tangible evidence which illustrate a
matter of importance to the case
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
EVIDENCE
FINALS REVIEWER
but are not the very objects department of human activity,

involved in the case. knowledge not usually acquired by
A document that consists of another person.
writings, drawings, photographs, The amount of relevant evidence
etc., or any material containing Substantial which a reasonable mind might
Documentary number, letters, etc. Evidence* accept as adequate to justify a
Evidence conclusion.
So, it is okay if the document is not
written on a paper, any material is Q: Are there vested rights in the Rules of Evidence?
okay.
A: There are no vested rights as the admissibility or
Evidence on collateral matters shall inadmissibility of evidence is determined in accordance
not be allowed, except when it with the law in force at the time it is presented.
tends in any reasonable degree to
Q: Exceptions?
establish the probability or
Collateral improbability of the fact in issue. A: Yes, in criminal cases. Lesser quantum of evidence
Evidence may be permitted.
Sabi nga ni Justice, ang collateral Q: May the Rules of Evidence be waived?
evidence raw parang “daplis”. Hindi A: Yes, it may be waived either during trial or in a contract.
raw yung nakasakit, pero
Q: Exception?
nadaanan.
A: If the rule waived by the parties has been established
Admissible Evidence that is relevant and
by law on grounds of public policy, the waiver is void.
Evidence competent.
Evidence which is not sanctioned Q: Can deposits be examined, inquired, or looked into by
by the rules. any person, government official, bureau, or office?
A: No. All deposits with banking institutions in the
Relevant
(Same sila ng incompetent, kasi Philippines are considered as of an absolutely confidential
Evidence
nga diba if relevant doesn’t nature.
necessarily mean competent, and Q: Exception?
vice versa)
A: Yes. Upon written permission of the depositor, or in
Evidence which is disallowed cases of impeachment, or upon order of a competent court
Incompetent admission by a law or a rule, or one in cases of bribery or dereliction of duty of public officials,
Evidence which is not sanctioned by the or in cases where the money deposited or invested is the
rules. subject matter of the litigation.
Evidence which tends to prove or
Material disprove a fact in issue as
Doctrine of the Fruit of the Poisonous Tree – Once the
Evidence* determined by the rules of
primary source is shown to have been unlawfully obtained,
substantive law and pleadings.
any secondary evidence derived from it is also
Evidence that is admissible,
Credible inadmissible. This is because the originally obtained
believable, and used by the court in
Evidence* evidence taints all evidence subsequently obtained.
deciding a case.
An evidence of a party that Exception to the Doctrine of the FOTPT – When the
Rebuttal
controverts the evidence-in- chief secondary evidence to which an objection is also made
Evidence
of the other party. would have been inevitably discovered by law
Sur-rebuttal enforcement authorities by sources or procedures
A reply to a rebuttal evidence.
Evidence* independent of the illegal search or seizure.
Positive An evidence which affirms an
Evidence equivocal rule.
A kind of defense which states that
Negative a person did not see nor hear an
Evidence occurrence which is claimed to
have transpired.
Expert The testimony of one possessing,
Evidence* in regard to a particular subject or
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EVIDENCE
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KINDS OF EVIDENCE REQUIRED presumed innocent and it is up to the prosecution to

FOR PROVING ANY CASE prove otherwise;
• If the evidence is insufficient, a demurrer to evidence
Substantial Evidence – Evidence that satisfies the mind must be filed because there is no need for a trial
for the existence or non-existence of a fact or issue. It cause the evidence is not sufficient enough to prove
induces a belief that the fact and issue existed or not. guilt;
Substantial Evidence does not necessarily mean • Whenever there is reasonable doubt = acquit. Doubt
preponderant proof as required in ordinary civil cases, but trumps moral certainty. Therefore, it is the
such kind of relevant evidence as a reasonable mind might prosecution that should present evidence;
accept as adequate to support a conclusion or evidence • The main goal of this standard is to inject a doubt.
commonly accepted by reasonably prudent men in the That is the job of the defense counsel: to create a
conduct of their affairs. possibility that the crime was not done, possibility and
probability. Kasi “pwede naman na di nangyari”; and
• This is the requirement in administrative and quasi- • This is the highest form of evidence because it
judicial cases; requires moral certainty, or “innocence” or “guilt”.
• This is the lowest kind of evidence; and
• Once this kind of Evidence is approved, it is KINDS OF EVIDENCE THAT
automatically accepted and conclusive in other DO NOT CONSTITUTE A STANDARD
courts.
Proof of probable cause – This is the standard of
Preponderance of Evidence – A standard by which evidence required in preliminary investigations. This
evidence of all sides are weight. The heavier the evidence, justifies the filing in criminal cases. Remember,
the more it is preponderant. Thus, it wins the case. preliminary investigation is required. There must be
evidence which causes a “probable cause”.
It is Evidence which is more convincing to the court as
worthier of belief than that which is offered in opposition. It is important to note that there must be a:
(1) Well-founded belief that a crime has been committed;
Equiponderance of Evidence (Equipoise Rule) – A (2) That the respondent is probably guilty.
situation where the evidence of the parties are evenly
balanced or there is doubt on which side the evidence • There will be a judicial inquiry – Within 10 days of
preponderates. The decision should be against the party filing the information.
with the burden of proof. • If the court finds probable cause – The court will issue
a warrant of arrest insofar as the judge is concerned.
• This is the standard of evidence in Civil Cases; • If the court does not find probable cause – The court
• This is the balancing of evidence; and will return it for re-evaluation or dismissal of the case.
• This can only be applied when both parties have • In the issuance of a search warrant, there is probable
given or submitted evidence. This is for the purpose cause
that the Judge may be able to weigh both pieces of
evidence and subsequently come up with a decision. Clear and convincing evidence – This is between
preponderance of evidence and proof beyond reasonable
Proof beyond reasonable doubt – This is a rule on moral doubt. This is adduced to overcome a prima facie case or
certainty. Here, absolute certainty is not needed. What is a disputable presumption.
important is that the Judge can arrive at a conclusion.
• When is it required? It is required in criminal cases
This is Evidence which is the logical and inevitable result when the defense proves its theory for defense.
of the evidence on record, exclusive of any other • It may also be used in civil cases when it is needed
consideration, of the moral certainty of the guilt of the to support or justify a motion for a writ of preliminary
accused or that degree of proof which produces conviction prohibitory injunction.
in an unprejudiced mind.
What are the two kinds of executions?
• This is the standard of evidence in criminal cases; (1) Execution after judgment; and
• The prosecution must present evidence and has the (2) Execution pending appeal.
burden of proof. Why? Because the accused is
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EVIDENCE
FINALS REVIEWER
As a general rule, only final orders and decisions can be (3) It must be known to be within the limits of the
subject of execution. However, execution pending appeal jurisdiction of the court.
is an exception. If and only if there is a good reason, which
is known through a case to case basis. THUS, NEEDING Test of Notoriety – JN is limited to facts evidenced by
CLEAR AND CONVINCING EVIDENCE. public records and of general notoriety.
HIERARCHY OF EVIDENTIARY RULES JN is not the Judge’s personal knowledge. The Judge is
not authorized to make his individual knowledge of a fact,
Proof beyond reasonable doubt – Proof of such a not generally or professionally known.
convincing character that you would be willing to rely and
act upon it without hesitation. Required in Criminal JUDICIAL ADMISSIONS
Proceedings.
An admission, oral or written, made by the party in the
Clear and convincing evidence – Evidence presented course of the proceedings in the same case, does not
by a party during the trial must be highly and substantially require proof. The admission may be contradicted only by
more probable to be true than not, and the trier of fact must showing that it was made through palpable mistake or that
have a firm belief or conviction in its factuality. Required in the imputed admission was not, in fact, made.
habeas corpus proceedings.
Note that this is the highest form of evidentiary admission.
Proof of probable cause Although, unless, it is an injustice to the adverse party.
Preponderance of evidence – Evidence as a whole Requisites of JA

adduced by one side is superior to that of the other. What’s (1) The same must be made by a party to the case;
important is the weight or what is more convincing. (2) The admission must be made in the course of the
Required in civil cases. proceedings in the same case; and
(3) There is no particular form for an admission. It may
Substantial evidence – Such evidence as a reasonable either be written or verbal.
mind may accept as adequate to support a conclusion.
Required in administrative proceedings. Q: What are those that do not need to be proven?
A: Admissions made in the course of the proceedings,
RULE 129 – WHAT NEED NOT BE PROVED
admissions in amended pleadings, dismissed pleadings,
pleadings that are not filed, admissions made by the
JUDICIAL NOTICE counsel, implied admissions of actionable documents,
when there is failure to specifically deny, or a negative
There are issues of fact which do not need evidence, and pregnant.
one of them is Judicial Notice. Judicial Notice is a rule that Q: Is it final that the admissions made by the counsel do
allows the court to take cognizance or evaluation of a not need to be proven?
matter of fact without the need of evidence.
A: No. In cases of reckless or gross negligence of counsel,
especially when it deprives the client of due process or
Purpose of JN: To save time, labor, and expense in
outright deprivation.
securing and introducing evidence on matters which are
not ordinarily capable of dispute. Q: Is a crime bound by the wrongful admission? Suppose
a lawyer made an adverse admission, is this the counsel’s
3 Kinds of Judicial Notices fault?
• Mandatory Judicial Notice A: General rule is, the lawyer can bind the client. However,
• Discretionary Judicial Notice if there is denial of due process, or the lawyer is the one
• De Parte Judicial Notice culpable, the client is not bound.
Material Requisites of JN
(1) The matter must be one of common and general
knowledge;
(2) It must be well and authoritatively settled and not
doubtful or uncertain; and
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EVIDENCE
FINALS REVIEWER
MANDATORY JUDICIAL NOTICE ® Example. Scientific findings

(3) Court knows as a consequence of his judicial
Mandatory Judicial Notice is when the Court is required to functions
accept as fact certain matters herein enumerated, and ® This is basically the Judge knowing his/her job
without the introduction of evidence: description
® Sinu-sino employees and staff niya
(1) Existence of the territorial extent of states ® Ilan ang employees and staff niya
® Example. If there’s an issue of fact on the ® Why? Because siyempre sabi nga ni Justice
territory of the Philippines, the Supreme Court baka mag-fire ka ng di mo naman employee edi
should take into consideration and assume that nakakahiya kasi iaangat pa to sa Supreme
the West Philippine Sea is part of our territory. Court
(2) The political history of the Philippines
® The judge is presumed and mandatorily DE PARTE JUDICIAL NOTICE
required to know the history of the Philippines.
(3) Forms of government of different States In De Parte Judicial Notice, there is a need for notice and
(4) Symbols of nationality; hearing, unlike in Discretionary and Mandatory Judicial
(5) The law of nations; Notice. De Parte Judicial Notice can also be initiated motu
(6) The admiralty and maritime courts of the world proprio, or by a motion of a party.
and their seals;
(7) The political constitution and history of the During the pre-trial and the trial, the court, motu proprio or
Philippines upon motion, shall hear the parties thereon if such matter
(8) Laws of nature; is decisive of a material issue in the case.
(9) Official acts of the:
® Executive – Executive Orders Example. If a witness is duling and claims that he can see
® Legislative – Statutes the accused clearly, pwede mag pa-de parte judicial notice
® Judiciary – Decisions to make sure tama or magkaroon ng expert evidence.
(10) Measure of time
® 60 mins = 1 hour So, what are the things taken cognizance of? Ordinary
® 24 hours = 1 day experience of man.
® 10,000 sqm = 1 hectare
® 1,000 g = 1 kilo JUDICIAL NOTICE ON SPECIFIC CASES
(11) Geographical divisions
® This is needed especially for boundary disputes Ordinances passed by the Sanggunian of
resolved by the courts MTC
the Municipality where it is situated
Ordinances of the different Sanggunians of
DISCRETIONARY JUDICIAL NOTICE RTC
towns covered by the district
Judicial notice of matters taken judicial
Discretionary Judicial Notice happens during the trial. CA notice of those in appealed cases of the
Here, the court may announce that it is taking judicial note court a quo
of some facts, and the court will take the comments of both
parties. Note that the Court of Appeals can also take cognizance
of judicial notice in the exercise of its appellate jurisdiction.
DJN is when a court may take judicial notice of matters
which are of public knowledge, or are capable of General Rule: Foreign laws do not prove themselves. The
unquestionable demonstration, or ought to be known to Philippine Courts can take judicial notice of all statutes.
judges because of their judicial functions. However, when a foreign law is involved, the court cannot
take judicial notice. Thus, evidence is needed to be
What are these facts? presented.
(1) Facts of common knowledge – Usually, of notoriety
® Example. Everyone knows how traffic it is in Example. A Japanese national died while he was living in
EDSA Manila. After, his uncle claimed for inheritance, saying that
(2) Demonstration – If it can be demoed in court, it he’s a compulsory heir. Of course, in the Philippines
becomes unquestionable uncles are not compulsory heirs. However, he is a
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EVIDENCE
FINALS REVIEWER
Japanese national. So, to prove this, the uncle should Complaint – Allegation of fact with evidence. Dapat
present to the court evidence that in Japanese Law, attached yung complaint and evidence together. All of the
uncles are compulsory heirs. evidence and judicial affidavits are attached. So, when the
pleadings are in, the court will check if they are genuine
Exceptions: issues. Kapag wala, judgment or summary judgment or
(1) The foreign statute is accepted by the dismissal of the complaint na right away.
government;
(2) Common law; Rule 16 – Motion to Dismiss is now eliminated in the
(3) When the foreign law is part of a published amended Rules of Civil Procedure. So, now, there are no
treatise, periodical, or pamphlet; longer grounds to dismiss. They are now turned into
(4) If there is no contrary evidence – When a foreign affirmative defenses.
law is the subject of an evidence, and there is no
objection from either party. Here, the court can Remember, the court can now motu proprio dismiss the
presume that the foreign law is the same as case.
Philippine law; and
(5) The foreign law is universally known – When the Extra-judicial admission – When a party makes a
foreign law is so well-known, and no contrary statement of fact orally or in writing that can be proven by
evidence is adduced. Here, the court can take judicial evidence, it is admissible against the declarant.
notice of the foreign law without evidence needed.
This rule applies also to foreign customs. Judicial admission – Remember that this is the highest
evidentiary admission. Unless of course it is an injustice to
Doctrine of Processual Presumption – It is where a the adverse party.
foreign law is not pleaded or, even if pleaded, is not
proved, the presumption is that such foreign law is the RULE 130 – RULES ON ADMISSIBILITY
same as ours.
For evidence to be admissible, it must be?
RECORDS OF COURTS (1) Relevant – It has a logical connection with the
question of fact.
A court can take judicial notice of the record of the case (2) Competent – It is not excluded by the law or the
which is being tried by him in that case. Rules of Court.
® What transpired during the pre-trial
® Decision of the lower court All pieces of evidence secured in violation of the law is
inadmissible.
However, of course, there are records which are not
allowed to be taken. Examples:
® Records of other cases pending ® Wiretapping;
® Illegal search and seizure.
Example. X was declared liable for estafa, and now X has
a civil case for non-payment. The prosec, then, would like Note: The amendment removed the Best Evidence Rule
to take the estafa records. This cannot be. The prosec can and changed it to Original Document Rule.
only get the records of his current case, the non-payment
case. Admissibility =/= credibility
NEW RULES If an evidence is admissible, it does not mean it is credible.

Always remember that the evidence must emanate from a
Allegation to the complaint – This new rule requires that credible mouth with a credible narrative. It must always be
you must state the reason why you’re denying an both the (1) witness; and (2) story, not only one.
allegation. If you have no explanation, your denial is void.
(Please correlate this to civil procedure; see old Justice
Aquino notes. If you need it and you don’t have it yet, you
can always ask me hehe)
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FINALS REVIEWER
KINDS OF EVIDENCE WHICH ARE ADMISSIBLE So, it is okay if the document is not written on a paper, any
material is okay. Once you present a document to prove a
fact or issue, it becomes a documentary evidence.
(1) Object evidence;
(2) Demonstrative evidence;
(Discussions on Original Document Rule, Duplicate of the
(3) Documentary evidence; and
(4) Collateral evidence. Original, and Parol Evidence Rule later)
Multiple Admissibility of Evidence – A piece of

Object evidence – An object evidence is an evidence
evidence may be valid not only to one, but two cases.
which is tangible and can be submitted in court for
Examples
purposes of documentation and/or examination.
® Dying declaration (exception to the hearsay rule) –
Must be made with full consciousness of impending
It must be tangible or able to be demonstrated in court as
death. Such may be used in wills and knowing who
its relevance is needed in court.
killed the deceased
® Res Gestae – It used to refer to a declaration that is
Examples of object evidence
made at an event that proves the event happened
® The knife that was used in the homicide
because the words were uttered upon witnessing the
® The gun that was used in the murder
event.
® The book that has all the plans of the conspirators
® W/N the plaintiff is in possession of the property for
Collateral evidence – Evidence on collateral matters
30 years, and even attested that he planted trees.
shall not be allowed, except when it tends in any
The court can input if the trees in such land is indeed
reasonable degree to establish the probability or
30 years old
improbability of the fact in issue.
® Blood stains or the semen stuck on the brief or
panties of a rapist or rape victim, respectively
Sabi nga ni Justice, ang collateral evidence raw parang
“daplis”. Hindi raw yung nakasakit, pero nadaanan.
If you file for an action for recognition, and there is an
opposition ask for a DNA testing since that is 99.9%
Examples
correct.
® Pedro dies. Here, the witness told the court that he
wasn’t present during the killing, but the accused told
Q: Can you compel the court for one to submit for DNA him that “something bad will happen to Pedro
testing? tonight”. It is logical, thus collateral. However, if it is
A: No. Unless, there is already a prima facie evidence corroborated, then it will be admissible
(exhibit A: cause the court can prove even without a DNA ® Walang marriage certificate, edi invitation ng kasal
test, especially kung yung mukha nung bata kamukhang
kamukha ng ama) Q: Can baptismal certificates be proof of parentage?
A: Yes. Since it is a public document, it is admissible.
Demonstrative evidence – Evidence in the form of a
Q: What do you understand by the term “admissibility”?
representation of an object. Tangible evidence which
illustrate a matter of importance to the case but are not the A: Admissibility is the ability of evidence to be accepted in
very objects involved in the case. They merely illustrate or court
represent or emphasize, visualize or make more vivid Q: To be admissible, evidence must be?
what a party desires to emphasize. A: Relevant and competent
Q: What is the difference between relevance and
Example of demonstrative evidence
competence?
® Walang kamay yung witness tapos sabi niya grinab
A: Relevance is the logical connection of the evidence,
daw niya yung knife L
while competence means it should not be excluded by law
or the Rules of Court
Documentary evidence – A document that consists of
writings, drawings, photographs, etc., or any material Q: Example of an incompetent evidence?
containing number, letters, etc. A: Those in violation of the constitution
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FINALS REVIEWER
Q: So, do you mean all documents searched are A: When the document is the document itself or any
incompetent? When does it become incompetent and counterpart intended to have the same effect.
competent?
A: Competent, when the requisites of evidence are When the contents of the document is needed by courts,
complete; incompetent, when it is not original lang ang pwede.
Q: Give me an example of an unlawful search?
Q: Are there exceptions to the Original Document Rule?
A: When the search is without a warrant
A: Yes.
Q: Qualify
(1) When the original is lost or destroyed, or cannot be
A: When the search is without a warrant and is not produced in court, without bad faith on the part of the
incidental to a lawful arrest offeror;
Q: Example of a relevant evidence (2) When the original is in the custody or under the
A: Murder, the deceased was stabbed, the knife the control of the party against whom the evidence is
accused for the stabbing is the relevant evidence offered, and the latter fails to produce it after
Q: So, is it relevant? What should be the predicate reasonable notice, or the original cannot be obtained
evidence? by local judicial processes or procedures;
(3) When the original consists of numerous accounts or
A: Testimonies, facts and circumstances. It must be the
other documents which cannot be examined in court
same knife showed and used in the killing.
without great loss of time and the fact sought to be
Q: What are the types of evidence that are required for established from them is only the general result of the
purposes of admissibility? whole;
A: Object evidence, addressed to the senses of the court; (4) When the original is a public record in the custody of
Documentary evidence, writing, photographs, etc.; and a public officer or is recorded in a public office; and
Testimonial Evidence, perceive, perceiving, made known (5) When the original is not closely related to a controlling
to the perception. issue.
Q: Judicial inquiry? Meaning?
Object – Anything that the court can inspect or examine
A: A formal legal investigation conducted into a matter of
public concern by a judge, appointed by the government.
Q: Example of documentary evidence not in writing?
Q: What kind of document is needed for it to be an original
A: CCTv, photographs evidence?
Q: What are the several types of documents? For A: Any document
purposes of admissibility?
A: Original document, secondary evidence, and duplicate A plane ticket is a document, so a plane ticket can be an
evidence original evidence
Q: Are all documents considered documentary evidence?
When does a document become documentary evidence? Q: Promissory note? Subject sa inquiry ang contents?
A: Once it is used to prove a question of fact. What does that mean?
A: It means that the issue will be “how much is the total
Only questions of fact can be proved by evidence. obligation?” It is stated there when to pay or how to pay.
Here the original document or evidence is the promissory
Q: What is an electronic evidence? note because all the contents needed to prove or to
answer the issue is there.
A: Any probative information stored or transmitted in
digital form that a party to a court case may use at trial.
In law, terms are important. So, you must complete the
Q: What makes it electronic?
rule. There are conditions, exceptions, general rules. This
A: The fact that it is generated electronically and then is important to know, especially in exceptions. You must
offered to prove a fact in issue know the pre-requisite on why it is an exception.
Q: What is the Original Document Rule?
A: No evidence is admissible other than the original
document itself.
Q: Example? When is it considered an original document?
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Q: Example for the second exception? Q: What does a duplicate, or what does duplicate mean?
A: When the contract of sale is in the hands of the adverse A: It is a counterpart produced by the same impression as
party and it cannot be obtained. the original, or from the same matrix, or by means of
Q: Why is it an exception? Why can’t it be introduced or photography, including enlargements and miniatures, or
produced in court? by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which
A: Because secondary evidence na ang pwede mo ibigay
accurately reproduce the original.
kasi walang just cause yung pag deny or pag hindi
pagbigay ng original evidence kasi nga yung may hawak Q: What is the predicate condition for it to be a duplicate?
yung adverse party. A: It must use the “equivalent techniques”
Q: Example for the third exception?
A: Company tax ITRs. The court may order just the Duplicate evidence Secondary evidence
relevant ITRs, or the summary computation. This is the same as the
original. It is produced or
Q: If the original consists of documents enumerating This is only the substitute
reproduced with the
accounts; that is not really an exception. How or when when the original
equivalent techniques
does it become an exception? document is unavailable.
which accurately copies
A: (1) The fact is sought by the court; (2) There is great
the original.
loss of time; and (3) Only the general result is needed, thus
the summary is enough (most important).
Q: Example of duplicate evidence?
A: Example, when the original MOA is lost, but there is a
When does Rule 130, Sec. 3(c) become an exception?
soft copy and the person reprints it
(1) When the fact of the evidence is sought by the court;
(2) When there is great loss of time if such documents Q: Example of secondary?
will be examined; and A: If there is no baptismal certificate, the invitation for the
(3) When only the general result is needed by the court; baptismal party (as long as the important contents, which
thus, the summary is enough. are needed, are present)
Q: If a policeman gives you a copy of a page in a police
Q: When is a document a public document? blotter, what is that?
A: When it is issued by the government A: Public document. But it must be signed by the public
Q: How? Example? officer in charge.
A: When an OCT is registered in the Register of Deeds
ORIGINAL DOCUMENT RULE
There is another kind of document, the official document. PAROL EVIDENCE RULE
AND OTHER EVIDENTIARY RULES
Public document Official document
A document originating Q: Parol evidence rule?
from a public institution A: The parol evidence rule forbids any addition to, or
issued in the exercise of contradiction of, the terms of a written agreement by
Any document issued by his functions. There is testimony or other evidence purporting to show that
a public officer in relation special significance and different terms were agreed upon by the parties, varying
to his public office national interest. the purport of the written contract.
Q: What is the subject of parol evidence rule?
This is immediately
A: The terms of the agreement
admissible in Courts.
Examples: Medical Examples: Act of
certificates issued by a Congress, Judgments of Original Document Parol Evidence Rule
public hospital, or BIR Courts Rule (ODR) (PER)
In both: There is no need for authentication. All that is The subject of Judicial
needed is justification. The subject of Judicial Inquiry must be:
Inquiry is ANY kind of agreement, contract, or
document a will (specified in law).
This is an exclusive list.
PAGE 9 OF 33
EVIDENCE
FINALS REVIEWER
Q: What kind of evidence is not allowed in PER? Exceptions to PER

A: Extraneous evidence (or evidence aliunde). This is an (1) Plaintiff pleads in a verified complaint
evidence which is detached from and not connected with; ® The existence of the original; and
or a collateral evidence. ® The destruction of the original
Q: Can PER be given orally?

(2) When you allege to present evidence aliunde
A: Yes. What is important is that it should never be an ® Evidence of the existence of a contract
evidence aliunde ® Evidence of destruction
When the terms of agreement is put in a contract no other (3) When the original is with the other party
evidence can be put in that agreement. ® Existence of the original
® The unjustified failure to comply by the other party
In PER (Parole Evidence Rule), there is only an
agreement. Unlike in ODR (Original Document Rule), any (4) Validity of the contract is challenged
kind of document as long as it is the original (generally) it ® You can prove this by PER
is fine. PER is evidence aliunde or “outside” the contract.
(5) Agreements entered into which novates, adds, or
Examples of PER retracts
® In a contract of sale of a car, what is needed are the ® Existence of the contract
subject, consideration, parties, etc. If the issue is ® Contract must be void
“W/N the amount given is enough consideration”, ® The reason why it is void
PER comes into play, since it is an outside document,
and since it is an agreement, you will have to show it (6) Agreements failed to show its true intention
to prove that the consideration is enough or not. ® Issued by the usurers
® Kunwari a will is being probated and the heir claims ® An example would be – What is prepared is a deed
that may land pa siya na wala sa will. of sale, and not mortgage. However, even if the title
says deed of sale but the whole document means a
Justice said that you cannot present evidence that does mortgage. Then, there you need PER.
not appear in the document. If it is not in the document,
hindi mo pwede dagdagan or ibahin ang nakasulat sa (7) When there are other agreements entered into by
document. the parties after such
® Novation is an example of something that can be
Q: Are there exceptions to PER? submitted without further proof
A: Yes.
§ An intrinsic ambiguity, mistake or imperfection in the Interpretation of documents
written agreement; General Rule: When a term is clear and unambiguous,
§ The failure of the written agreement to express the there is no need for interpretation.
true intent and agreement of the parties thereto; Exception: When ambiguity or when it is capable of two
§ The validity of the written agreement; or or more meanings, interpretation is needed.
§ The existence of other terms agreed to by the parties
or their successors in interest after the execution of When is interpretation needed?
the written agreement. ® When the terms are ambiguous, or there is ambiguity;
Q: Ano yung predicate requisite muna? ® When there are conflicting provisions;
A: You must plead it in your answer that there is an issue ® When the terms are susceptible of two or more
that you will add in the document. explanations; or
® When there are conflicting provisions
Example of pleading
® There is a contract of land, Barangay Etc. Tapos X General rules of interpretation
will buy it. However, may same Barangay na ganun • The title of the document doesn’t control or indicate
ang name. So, ano yung subject nung sale? Hindi the contract. It is the body of the contract which
naman pwede dalawa yun. So, to be allowed, you controls the entire document;
plead that there is ambiguity. O so, state mo, • All the provisions should be harmonized in the sense
Barangay Etc-Makati. that all provisions be given effect—if possible;
PAGE 10 OF 33
EVIDENCE
FINALS REVIEWER
• In case of doubt, the contract should be interpreted o Voluminous and cannot be examined in court
as one with the least transmission of rights; and without great loss of time; and
• When the terms in the contract can be interpreted in o The fact sought to be established is only the
two or more ways, that which supports natural rights general result of the whole, the contents of such
shall be followed. evidence may be presented in the form of a
chart, summary, or calculation.
Printed vs. Written — The printed one shall prevail.
General vs. Specific — The specific one shall prevail. The original shall be available for examination or copying,
or both, by the adverse party at a reasonable time and
place. The court may order that they be produced in court.
Original Document Rule – It is when the subject of
inquiry is the contents of a document, writing, recording,
Hearing Trial
photograph, or other record, no evidence is admissible
other than the original document itself. More generic;
Presentation of evidence Always involves
Exceptions: (as per the amended Rules) or presentation of presentation of evidence
(1) When the original is lost or destroyed, or cannot be argument
produced in court, without bad faith on the part of the Not confined to trial but
offeror; embraces the several
(2) When the original is in the custody or under the stages of litigation,
control of the party against whom the evidence is including the pre-trial
offered, and the latter fails to produce it after It is the reception of stage. A hearing
reasonable notice, or the original cannot be obtained evidence and other doesn’t necessarily
by local judicial processes or procedures; processes. It embraces mean presentation of
(3) When the original consists of numerous accounts or the period for the evidence. It doesn’t
other documents which cannot be examined in court introduction of evidence necessarily imply the
without great loss of time and the fact sought to be by both parties presentation of oral or
established from them is only the general result of the documentary evidence in
whole; open court but that the
(4) When the original is a public record in the custody of parties are afforded an
a public officer or is recorded in a public office; and opportunity to be heard.
(5) When the original is not closely related to a controlling
issue. TESTIMONIAL EVIDENCE
Duplicate of the Original (new) Important note: All these privileges or exemptions do not
It is a counterpart produced by the same impression as the apply in criminal cases. Only in civil cases.
original, or from the same matrix, or by means of
photography, including enlargements and miniatures, or Testimonial Evidence – Evidence elicited from the mouth
by mechanical or electronic re-recording, or by chemical of a witness as distinguished from real and documentary
reproduction, or by other equivalent techniques which evidence. This has the least weight, if incredible.
accurately reproduce the original.
Witness – A person who testifies in a case or gives
Exceptions: evidence before a judicial tribunal.
(1) When there is a question regarding W/N such
document is genuine. Siyempre the duplicate will not Qualification of Witnesses
be admitted; and (1) Can perceive – To observe;
(2) If it appears to be unjust to admit the duplicate. (2) Perceive – To remember; and
(3) Can make known their perception to others – To
Secondary Evidence relate.
(1) When the original document is unavailable;
(2) When original document is in adverse party’s custody (Sa memaid meron pa na “to recognize a duty to tell the
or control; truth, or sincerity.”)
(3) When the contents of documents, records,
photographs, or numerous accounts are:
PAGE 11 OF 33
EVIDENCE
FINALS REVIEWER
Factors which do not disqualify a witness Q: Can a court compel a person to testify?
(1) Religious belief A: It depends. If he is a party and ayaw, di pwede mag
(2) Political belief testify due to the Miranda doctrine (right to remain silent).
(3) Interest in the crime (outcome of the case) However, if ordinary party, he may be compelled under a
(4) Conviction of a crime subpoena (which is only good within 100km). So, when a
court is in Muntinlupa and subpoena is issued to someone
When the person is so connected to the crime or the from Bicol, that witness can deny. But if hindi siya
outcome of the crime it is okay. Usually naman that is the pumayag and within 1000km naman siya, edi ma-arrest
kind of witness that the other party would not want to siya (bench warrant).
testify. So, kahit ganun, pwede parin. Pero minimal effect
lang yung testimony niya. So, what’s important is the
Bench warrant – The court can compel any person to
weight of evidence parin.
testify. And if ayaw, the court can give a bench warrant to
arrest him to testify.
A testimony can be?
® Verbal (remember that verbal is different from oral)
Persons who cannot be issued a subpoena
® Sign language
(1) President
(2) Congressmen
Q: So, can a deaf-mute testify? (3) Senators
A: Yes. What is important is that they can perceive and (4) Judges
communicate it the way they can (5) Justices
Q: So can children testify? Special children? (6) Diplomats
A: Yes. Especially if they can perceive and communicate
it the way they can Exceptions to Testimonial Evidence
(Disqualifications):
Voir Dire Rule – An examination for confidence, or (1) Disqualification by reason of marriage;
competence examination. Or, it is a preliminary (2) Disqualification by reason of death or insanity of
examination conducted by the trial judge where the adverse party
witness is duly sworn to answer as to his competency. (3) Disqualification by reason of privileged
communication;
Example? W/N the child is capable of knowing the o Communication between Spouses (Spousal
difference between right and wrong, oath, has the capacity Immunity);
to convey o Communication between Attorney and client;
o Communication between Physician and patient;
Test of Competency – W/N the witness is capable of o Communication between Priest and penitent; and
understanding the duty to tell the truth. o Public officers and public interest.
(4) Those not domiciled in the Philippines;
Competency of a witness =/= credibility of a witness (5) Those convicted of falsification of documents, perjury
or false testimony from being a witness to a will;
(6) State witness; or
Unsound mind (insanity) – This must occur AT THE
(7) A lawyer on formal matters or on substantial matters.
TIME. Thus, the person has the capacity to testify if he is
on a lucid interval.
Marital disqualification by reason of marriage
privilege
Presumption of Competency
® It must be done in confidence; and
General Rule: When a witness takes the witness stand,
the law, on ground of public policy, presumes that he is ® Such privilege extends even beyond marriage
competent.
Exceptions: Exceptions:
(1) Judicially declared of unsound mind; or (1) When the testimony was made outside of marriage;
(2) An inmate of an asylum for the insane. (2) In a civil case by one spouse against the other;
(3) In a criminal case for a crime committed by one
spouse against the other or the latter’s direct
descendants or ascendants;
(4) Where the spouse gives his or her consent; and
PAGE 12 OF 33
EVIDENCE
FINALS REVIEWER
(5) Where the spouse fails to raise the disqualification Spousal immunity (or spousal privilege)
seasonably ® Information given in or during the marriage
® If there is a case involving the spouse, the other
Dead Man’s Statute (Survivorship Disqualification Rule) spouse is disqualified to testify against the party
® Here, the deceased is presupposed to leave an spouse. Any information cannot be disclosed may it
estate be documentary, object, or testimonial
® The claimant against the estate is the plaintiff
® The defendant is the executor, representative, or heir A marriage is a contract. Therefore, there are mutual
® No evidence can be presented that could vary. No obligations. What is your obligation to your spouse? Your
claim can be entertained unless there is proof that it primary obligation is to love and be faithful until death and
was independently made even beyond. So, if you’re unfaithful, you are breaching
® If there is claim = It is chargeable to the estate; the contract.
Reason? = A dead man can no longer refuse a claim
Requirements of spousal immunity
The rules pertain to property (real or personal) and other (1) The spouse for or against whom the testimony is
matters of fact. There can be no fact or information that offered is a party to the case;
was secured before the death that could vary the interest ® Unless there is consent, allowing one spouse to
in the estate. testify against the other
(2) The spouses are legally married (valid until annulled);
Q: Can you file a writ of mandamus for your wife to have ® This means that neither marriage must not be
sex with you? estranged, nor that they are just cohabiting with each
A: No. The writ of mandamus does not apply to married other
couples as it is a writ specified for a legal act to be ® The reason for this is to preserve the sanctity of
mandatorily acted upon. marriage
® If there is no objection, however, it could be admitted
Q: Can you file a writ of mandamus against your parents
to make you study or have you enrolled if they don’t want
you to? Q: Can a wife testify against the husband, if the husband
raped their child?
A: Yes. Because that is a right. Thus, it is legally
demandable. A: Yes. Under the law, it is part of the exceptions where in
a criminal case for a crime committed by one spouse
against the other or the latter’s direct ascendants or
Requisites of Dead Man’s Statute
descendants.
(1) The witness is a party or assignor of a party to a case
or persons in whose behalf a case is prosecuted; Q: Paano if may third party na nakarinig? Can that third
(2) The action is against an executor or administrator or party testify? Eh spousal privilege yung pinaguusapan
other representative of a deceased person or a tapos narinig niya lang?
person of unsound mind; A: Yes, pwede because that third party isn’t part or isn’t
(3) The subject-matter of the action is a claim or demand covered by the spousal privilege.
against the estate of such deceased person or
against person of unsound mind; and (3) Testimony is offered during the existence of the
(4) The subject-matter of the testimony refers to any marriage; and
matter of fact which occurred before the death of such (4) The case is not one of the exceptions provided in this
deceased person or before such person became of rule.
unsound mind.
Attorney-client privilege communication
Privileged communication found in the Rules of Court ® In connection to the engagement or negotiation, any
(1) Communication between Spouses; information and/or piece of advice is considered
(2) Communication between Attorney and client; privileged matters. Thus, these cannot be divulged.
(3) Communication between Physician and patient;
(4) Communication between Priest and penitent; and
(5) Public officers and public interest.
PAGE 13 OF 33
EVIDENCE
FINALS REVIEWER
Q: Can you reprint an affidavit of a case if the accused is Q: When the question has nothing to do with the ailment,
running for mayor and he is a rapist? would that still be categorized as “privileged”?
A: Yes, of course. The Supreme Court allowed it as long A: It is covered as long as it has the tendency to destroy
as there is consent from the family of the alleged rapist the reputation of the patient. It is stated in the requisites,
and the accused himself. “would blacken the reputation of the patient”.
Requisites of Attorney-client privilege Priest-penitent privilege communication

(1) There is an attorney-client relationship or a kind of Requisites of Priest-penitent privilege
consultancy relationship with a prospective client; (1) The confession must have been made to the priest in
(2) The privilege is invoked with respect to a confidential his professional character in the course of discipline
communication between them made in the course of enjoined by the church to which he belongs in; and
or with a view to professional employment; and (2) The communications made were confidential and
(3) The client has not given consent to the attorney’s penitential in character.
testimony thereon; or if the attorney’s secretary,
stenographer or clerk is sought to be examined, that These are revelations made during confession because in
both the client and the attorney have not given their Catholicism there is this thing called “seal of confession”.
consent thereto. Once such “seal” is disclosed without permission, there
would be sin.
Exceptions (from the Code of Professional
Responsibility): Privileged communication to public officers
(1) When authorized by the client after acquainting him Requisites of privileged communication to public
of the consequences of the disclosure; officers
(2) When required by law; (1) The holder of the privilege is the Government, acting
(3) When necessary to collect his fees or to defend through a public officer;
himself, his employees, or associates, or by judicial (2) The communication was given to the public officer in
action. confidence;
(3) The communication was given during the term of
Physician-patient privilege communication office of the public officer or afterwards; and
® When a patient consults a doctor, or any advice given (4) The public interest would suffer by the disclosure of
to the patient. This is privileged and aims to protect the communication.
the privacy of the parties, most especially the patient.
If you’re a public officer, you learn a lot of matters which
Requisites of Physician-patient privilege are by their nature confidential; thus, you cannot disclose
(1) The privilege is claimed in a civil case; it. That is obvious.
(2) The person against whom the privilege is claimed is
one duly authorized to practice medicine, surgery, or Public Interest – Something in which the public the
obstetrics; community at large, has some pecuniary interest by which
(3) Such person acquired the information while he was their legal rights or liabilities are affected.
attending to the patient in his professional capacity;
(4) The information was necessary to enable him to act Exceptions (wherein disclosure may be compelled):
in that capacity; and (1) Useful evidence to vindicate the innocence of an
(5) The information was confidential and, if disclosed, accused person;
would blacken the reputation of the patient. (2) To lessen risk of false testimony;
(3) Essential to the proper disposition of the case; or
Note: This privilege is waivable and applies only to civil (4) The benefit to be gained by a correct disposition of
cases. The court can require the disclosure. However, the litigation was greater than any injury which could
hospitals cannot be compelled to release records of its inure to the relation by a disclosure of information.
patients.
Privilege in bank deposits, what are covered?
(1) Deposits in banks or banking institutions in the
Philippines;
(2) Investments of bonds issued to the Government or
political subdivisions;
PAGE 14 OF 33
EVIDENCE
FINALS REVIEWER
(3) It is prohibited to examine bank records of any official, (7) Foreign affairs (conduct)
bureau, or office. (8) Tax returns (except when it is needed in cases)
(9) SALNs (except when it is needed in cases)
Exceptions (from R.A. No. 1405): (10) The person you voted for
(1) When it is authorized in writing by the depositor; (11) Hospital records.
(2) Impeachment in cases of bribery or dereliction of
public funds; Q: What is Attorney-Client privilege?
(3) Litigation; Q: Disqualiications of testimonial privilege?
(4) Anti-graft cases; or
Q: Disqualifications of a witness?
(5) In cases where the money deposited or invested is
the subject matter of the litigation. Q: A parishioner engages priest in a conversation. Is that
privileged communication? For it to be privileged, what
CJ Corona case CJ Sereno case should be the requisites?
Dollar deposits in Q: What does privilege mean?
Failed to produce SALN
PSBank that is worth
na 7 years na worth.
$85k. Privileged communication – A communication which
4 SALNs lang ang pinasa cannot be disclosed without the consent of the other party
niya sa requirements, so
He did not put it in his
kulang siya. But this is Q: What is the effect of confidentiality? What is protected?
SALN.
daw just an internal rule A: This privilege covers not only lawyers, but also a person
of the JBC. whom the client believed to be a lawyer, a proxy lawyer, a
Nonetheless, nominated proxy of a lawyer, or someone they disclosed any
si girl as Chief Justice. negotiation to.
The President of PSBAnk
refused and used the
So, sabi ni Justice
dollar secrecy law as his Q: Who else is covered by the attorney-client privilege?
Aquino: “isn’t that
basis for his refusal. Q: Explain the spousal privilege communication?
estoppel already cause
However, na-contempt of
despite the shortage in Q: What are the requisites?
court siya.
the submission she was Q: Example of a spousal privilege communication?
already shortlisted?” Q: Example of something that is not privileged?
Q: What is “not privileged”?
Other privileged matters:
(1) The guardian ad litem shall not testify in any Q: When does an information become relevant?
proceeding concerning any information, statement, or Q: Are there exceptions to this rule?
opinion received from the child in the course of Q: Is this exception limited to the spouses? Are there
serving as a guardian ad litem, unless the court finds exceptions?
it necessary to promote the best interests of the child;
Q: What are the exceptions?
(2) The publisher, editor, or duly accredited reporter of
any newspaper, magazine, or periodical of general
TESTIMONIAL PRIVILEGE
circulation cannot be compelled to reveal the source
of any news report or information which was related
in confidence to him, unless the court or the House Different privileges
finds that such revelation is demanded by the security (1) Parental and filial privilege; and
of the State; (2) Privilege relating to trade secrets.
(3) Voters may not be compelled to disclose for whom
they voted; Parental-and-filial privilege
(4) Trade secrets; and Parental – The witness cannot be compelled to testify
(5) Bank deposits against his child or other direct descendants;
o Your bank will not disclose without your consent, Filial – The witness cannot be compelled to testify against
however there are exceptions (please check the his parents or direct ascendants.
previous reviewer)
o Anti-Money Laundering Council (AMLC) can
investigate suspected ill-gotten wealth
(6) Security matters
PAGE 15 OF 33
EVIDENCE
FINALS REVIEWER
Reason? In accordance to our culture; closeness of family Kinds of Admissions

ties. Siyempre if that is not controlled, maraming perjury (1) Admission by third party (will be discussed later under
na yan. Res Inter Alios Acta);
(2) Admission by co-partner or agent;
Trade secrets (new) – A person cannot be compelled to (3) Admission by conspirator;
testify about any trade secret. (4) Admission by privies; and
(5) Admission by Silence.
Exception: If the non-disclosure will conceal fraud or
otherwise work injustice. Admission by a co-partner or agent – The act or
declaration of a partner or agent authorized by the party to
ADMISSIONS AND CONFESSIONS make a statement concerning the subject, or within the
scope of his or her authority, and during the existence of
Admission – An extrajudicial, voluntary statement or the partnership or agency, may be given in evidence
acknowledgement of the existence of the truth of certain against such party after the partnership or agency is
facts which are inconsistent with his claims in an action. shown by evidence other than such act or declaration.
Confession – The declaration of an accused Requisites of ABCA

acknowledging his or her guilt. (1) The act or declaration of a partner or agent of the
party must be within the scope of his authority;
Admission Confession (2) Made during the existence of the partnership or
Acknowledgement of the agency; and
fact and issues, but does This pertains to the (3) After the partnership or agency is shown by evidence
not involve admission of any kind of other than such act or declaration.
acknowledgement of guilt.
guilt. Admission by conspirator – The act or declaration of a
conspirator in furtherance of the conspiracy and during its
A said he stabbed B.
existence may be given in evidence against the co-
conspirator after the conspiracy is shown by evidence
This does not necessarily
other than such act of declaration.
mean A is guilty as he A said, “oo sinaksak ko si
just acknowledged the B hanggang mapatay ko
Requisites of ABC
fact that he stabbed B. siya!”
(1) The conspiracy must be first proved by evidence;
Pwede naman as self-
(2) Admission relates to a common object; and
defense. Made only by the party
(3) Made while declarant engaged in carrying out the
himself, and lagi siyang
conspiracy.
Pwede third person mag- express.
make ng admission, and
Admission by privies – Where one derives title to
pwede rin siyang
property from another, the latter’s act, declaration,
expressed or implied.
omission, in relation to the property, is evidence against
the former if done while the latter was holding the title.
Admission and Confession can be?
(1) Extrajudicial – Not made in court
Requisites of ABP
o Express – Made in a definite, certain, and
(1) There must be an act, declaration, or omission by a
unequivocal language; or
predecessor-in-interest;
o Implied – Those which may be inferred from
(2) It must have occurred while he was holding a title; and
the act, conduct, declaration, silence, or
(3) The admission relates to the property.
omission of a party.
(2) Judicial – Made in court; in the cause of the
Admission by Silence – An act or declaration made in
proceedings
the presence and within the hearing of or observation of a
o Formal – Made in writing; or
party who does or says nothing when the act or declaration
o Informal – Made orally.
is such as to naturally 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.
PAGE 16 OF 33
EVIDENCE
FINALS REVIEWER
Requisites of ABS COMPROMISE

(1) He heard or observed the act or declaration of
(2) He was at liberty to make a denial; Compromise – A contract whereby the parties, by making
(3) He must have understood the statement; reciprocal concessions, avoid a litigation or put an end to
(4) The facts were within his knowledge; one already commenced.
(5) He must have an interest to object, such that he
would naturally have done so, if the statement was Offer to compromise
not true; and Civil Law cases –
(6) The fact admitted or the inference to be drawn from General Rule: Not an evidence against the offender
his silence is material to the issue. ® It is the policy of the law to favor the settlement of
disputes, to foster compromises, and to promote
Plea of guilty? = Arraignment, judicial peace;
Declaration before the police during a police investigation? ® The plaintiff offers to compromise (sa Barangay level
= Extrajudicial palang). In court, once it is filed, can you compel the
Lupon Barangay to disclose? Yes, but wala naman
Judicial Admission Extrajudicial Admission probative value yun.
Either admissible or o Quasi-offenses – Can be compromised
Weightiest probative inadmissible. It must be o Criminal offenses – Compromise is a sign of guilt.
value; almost conclusive assisted by a lawyer. If It is an evidence of guilt and is admissible in court
not, inadmissible.
Exception: When such offer is clearly not only to buy
When is an admission admissible? peace but amounts to an admission of liability the offered
(1) Involve matters of fact, and not of law; compromise being directed only to the amount paid,
(2) Be categorical and definite;
(3) Be knowingly and voluntarily made; and Vehicular accidents? Brings to the hospital and pays the
(4) Be adverse to the admitter’s interest, otherwise it bill? = Not admissible in evidence in both the Civil and
would be self-serving and therefore inadmissible. Criminal aspect edi TORTS.
Self-serving statements Criminal Law cases –

General Rule: Unsworn statements made by the General Rule: An offer of compromise by the accused
declarant out of court, and which are favorable to his may be received in evidence as an implied admission of
interests. These are: untrustworthy declarations, and open guilt.
to fraud and fabrication.
® When a person in a criminal case pleads guilty that is
Exceptions: allowed, also if for a lesser offense. Any kind of
(1) When they form part of Res Gestae; change of plea is NOT an admission of guilt.
(2) Testimonial Rehabilitation; ® A recantation of a person (I killed, tapos biglang I did
(3) Offered by the opponent; not kill) is admissible. But, the weight of the evidence
(4) Offered without objection; is very important.
(5) In the form of a complaint and exclamations of pain ® If an accused is willing to be a state witness, an
and suffering; and affidavit must be prepared stating that his co-accused
(6) Part of a confession offered by the prosecution. did the crime and he’s not the most guilty among
them.
Note: An admission is an evidence against a declarant.
Judicial admission is different. In your answer, you write Exceptions:
“the defendant admits”. This is almost conclusive. Rules (1) Plea of guilty later withdrawn;
on evidence is very strict. (2) Tax cases;
(3) An offer to pay or the payment of medical, hospital, or
If you’re in doubt if you’ll admit? ADMIT. other expenses occasioned by an injury;
(4) Quasi-offenses or criminal negligence;
(5) An unaccepted offer of plea of guilty to a later offense;
(6) Covered by Katarungang Pambarangay; and
(7) B.P. 22.
PAGE 17 OF 33
EVIDENCE
FINALS REVIEWER
No compromise is allowed in the following So, for an example, if estafador siya noon di ibig sabihin
(1) Civil status of persons; estafador parin siya ngayon. That is not admissible as
(2) Validity of marriage or legal separation; evidence.
(3) Any ground of legal separation;
(4) Future support; Exceptions: (see discussion above)
(5) Jurisdiction of courts; (1) Admissions by a co-partner or agent;
(6) Future legitime; and (2) Admission by privies;
(7) Habeas Corpus and Election cases. (3) Interlocking confession;
(4) Admission by a conspirator
CONFESSION o Conspiracy – 2 or more persons plan to commit a
crime, which is then subsequently done;
Confession – This pertains to the admission of any kind o The act of one is the act of all.
of guilt. o ABC allegedly killed Juan dela Cruz. A executed
a confession that they killed Juan dela Cruz. Is
Kinds of Confession that admissible kay B and C? No. Only against A
(1) Judicial Confession – One made by the accused under the rule. However, such will be different if
before a court in which the case is pending and in the A admits it all of a sudden in court because
course of legal proceedings. suddenly A is open to cross-examination; and
(2) Extrajudicial Confession – Declaration of an (5) Admission by silence.
accused acknowledging his guilt of the offense
charged or of any offense necessarily included Propensity Rule
therein. General Rule: Evidence that one did or did not do a
certain thing at one time is not admissible to prove that he
RES INTER ALIOS ACTA did or did not do the same or similar thing at another time.
Evidence is not admissible when it shows that the accused

Rule 130, Section 35.
Rule 130, Section 29. has committed a crime independent from the offense for
Similar acts as
Admission by a third which he is on trial.
evidence
party
(Propensity Rule)
Exceptions:
Evidence that one did or
Specific Intent Knowledge
did not do a certain thing
Identity Plan
at one time is not
System Scheme
admissible to prove that
The rights of a party Custom Habit
he or she did not did not
cannot be prejudiced by Usage The like
do the same or similar
an act, declaration, or
thing at another time; but
omission of another, Unaccepted Offer – An offer in writing to pay a particular
it may be received to
except as hereinafter sum of money or to deliver a written instrument or specific
prove a specific intent or
provided. personal party.
knowledge, identity, plan,
system, scheme, habit,
custom, or usage, and HEARSAY
the like.
Hearsay – A statement other than one made by the
Res inter alios acta – The act or omission does not affect declarant while testifying at a trial or hearing, offered to
the other person. prove the truth of the facts asserted therein.
(1) Oral or written; or
“Hampas sa kalabaw, latay sa baka” (2) Non-verbal conduct of a person
hindi pwede ibang tao ang sasalo.
General Rule: Inadmissible.
Previous deeds or acts Not an evidence to prove he
Because the person who testified cannot be examined.
Previous penalties will do the same thing
Thus, it cannot be proved if it is credible or not.
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EVIDENCE
FINALS REVIEWER
Exceptions: received in (5) Such

Definition Requisites evidence if it is statement is
(1) Made by a done upon the made when the
dying person personal deceased was
under the knowledge of still alive and
consciousness such. the person of
of death; unsound mind
(2) The was not yet
declaration declared as
refers to the such—or his or
cause and her recollection
surrounding is clear; and
The circumstances (6) The statement
declaration of a of such death; is trustworthy.
dying person (3) It was made by (1) It relates to a
made under a declarant fact against the
Dying
the competent to interests of the
Declaration
consciousness testify as declarant;
of an witness, had (2) At the time he
impending that person made said
death. been called to declaration, the
testify; It is a declarant was
(4) The statement declaration aware that it
is complete in made by a was contrary to
itself; deceased his aforesaid
Declaration
(5) The declarant person or interest (the
against
died; and someone declaration
Interest
(6) The declarant’s unable to must be made
death is the testify against out of court;
subject of the the interest of extrajudicial
inquiry. a declarant. statement);
In an action (1) There is an and
against an estate in (3) The declarant
executor or question; had no motive
administrator (2) The estate is to falsify, and
or other owned by the he believed
representative deceased or such
of a deceased person of declaration.
person or unsound mind; (1) The declarant
against a (3) Such estate is already dead
Statement
person of has an or is unable to
of decedent
unsound mind, assignor who testify;
or person
upon a claim or testifies; Includes (2) The declarant
of unsound
demand (4) The deceased Act or relationship, must be a
mind
against the or person of Declaration family relative of the
estate of such. unsound mind about genealogy, person whose
has made a Pedigree birth, marriage, pedigree is in
Any statement statement death, etc. question;
of the based on (3) The pedigree
deceased or personal of a person
person of knowledge must be at
unsound mind regarding the issue;
may be estate;
PAGE 19 OF 33
EVIDENCE
FINALS REVIEWER
(4) The important to

relationship the community.
between the
declarant and Pwede maisama
the person ang:
whose (1) Monuments;
pedigree is in and
question must (2) Inscriptions in
be shown by public places.
evidence other (Please check the separate table
than such act Res Gestae cause dalawa ito eh, ang sikip na ng
or declaration; table haha okk)
and A
(5) The memorandum, Bago to, okk. BUT,
declaration report, record, Justice HLA
must be made or data mentioned that this
before the compilation of is an exception to
controversy acts, events, the hearsay rule
has occurred. conditions, cause impractical
(1) There is a opinions, or papuntahin lagi
controversy in diagnoses, yung mga may
respect to the made by hawak ng records
pedigree of writing, typing, and documents sa
Records of
any of the electronic, court to reiterate
Regularly
The reputation members of a optical, or what is written
conducted
or tradition family; other similar there. Since official
business
Family existing in a (2) The reputation means by a documents naman
activity
reputation family previous or tradition of person with daw siya, or
or tradition to the the pedigree knowledge records, it means it
regarding controversy existed thereof, and stands as the
pedigree may be previous to the kept in the witness itself, In
received in controversy; regular course other words, yung
evidence. and or conduct of a document na
(3) The witness business mismo or record
testifying is a activity, and yung witness—keri
member of the such was the na niya iexplain self
family of the regular niya ganern.
said person. practice.
Wala siyang (1) It was made by
requisites pero a public officer
examples kung san or by another
siya pwede person
The definite Made in the
magamit: specially
opinion of the performance of
(1) Boundaries of enjoined by
community in a public
Common or customs Entries in law to do so;
which the fact officer’s duty,
reputation affecting lands official (2) It was made in
to be proved is or by a person
in the records the
known or specially
community; performance of
exists. enjoined by
and their duty; and
law.
(2) Reputation as (3) They have
to events of sufficient
general history knowledge of
the facts tated
PAGE 20 OF 33
EVIDENCE
FINALS REVIEWER
by him, which found therein, judicial or

he must have or is administrative,
acquired unavailable or between the
personally or otherwise same parties
through official unable to or those
information. testify. representing
(1) Statements of the same
matters of interests;
interest to (3) The former
persons case involved
engaged in an the same
occupation; subject as that
(2) The in the present
Evidence of
statements case, although
statements of
must be on different
matters of
contained in a causes of
interest to
list, register, action;
persons
Commercial periodical, or (4) The issue
engaged in an
lists and other published testified to by
occupation
the like compilation; the witness is
contained in a
(3) That the same issue
list, register,
compilation is in the present;
periodical, or
published for and
other published
use by persons (5) The adverse
compilation.
engaged in party had an
that opportunity to
occupation; cross-examine
and the witness in
(4) It is generally the former
relied upon case.
them. Bago rin to, pero ito
(1) The court sabi sa codal
takes judicial provision.
notice of it; and
A published (2) A witness, “Having equivalent
treatise, expert in the circumstantial
periodical, or subject, guarantees of
Learned
pamphlet on a testifies that trustworthiness is
treatises
subject of the writer of admissible” if the
A statement
history, law, such is court determines
not specifically
science, or art. recognized in that:
Residual covered by any
his profession
Exception of the
or an “expert” (1) The statement
foregoing
in the subject. is offered as
exceptions.
The testimony (1) The witness is evidence of a
or deposition of deceased or material fact;
Testimony a witness unable to (2) The statement
or deceased or testify; is more
deposition out of the (2) His testimony probative on
at a former Philippines or or deposition the point for
proceeding who cannot, was given in a which it is
with due former case or offered than
diligence, be proceeding, any other
PAGE 21 OF 33
EVIDENCE
FINALS REVIEWER
evidence which Additional notes of Justice HLA:

the proponent (1) Independently inadmissible evidence – This is
can procure also an exception ha!!!!! But this is just not included
through in the table J
reasonable ® When a person is presented not to prove the truth but
efforts; and to prove that on the occasion, which is relevant to the
(3) The general case, he was there when the person quoted
purposes of something.
these rules and o Example. Witness testified that he had a
the interests of conversation with J. J said that A killed B.
justice will be ® But if that conversation is to prove a conversation it is
best served by independent of the inadmissible evidence. It is
admission of offered not to prove the truth but to prove that he was
the statement there and he heard something because presence is
into evidence. relevant and is a proof that he was a relevant matter.
o Example. Witness testified that he hear A telling
Parang catch-all C that he killed B. And later that day the news
provision siya. broke out that B was stabbed by an old friend. The
witness was there.
Res Gestae
Spontaneous (2) Dying declaration
Verbal Acts
Statements ® When a person is dying and he makes a statement
Statements made by a with full awareness that he is going to die, magsasabi
person while a startling yan ng cause of death, yon it may be testified. Cause
Statements
occurrence is taking even if di alam ng witness paano nasaksak, alam niya
accompanying an naman kung sino. That is important because the dead
place or immediately
equivocal act material to man could no longer testify for himself.
prior or subsequent
the issue, and giving it
thereto, under the stress ® A dying man will never tell a lie.
legal significance.
of excitement caused by ® If a supposedly dying person did not die cause of
the occurrence. medical intervention, pwede siya maging admissible
Code word(s): parin as res gestae (another type of exception)
(1) Startling occurrence; ® There must be consciousness of death. Hindi
Code word:
and consciousness of death yung magsasabi ng “bahala
Equivocal act
(2) Stress of na ang Diyos!”
excitement. ® If hindi pa mamatay, pwede pa yan magsinungaling.
Requisites:
(1) The principal acts (3) Res gestae
are: the starling Requisites: ® When in an occasion of a startling event a person
occurrence and the (1) The principal act to heard somebody shouting, pertaining to who did such
stress of excitement; be characterized disturbance.
(2) The statements must be equivocal; o Example. A shouted “bakit mo naman sinunog
were made before (2) The equivocal act yung bahay, B!”
the declarant had must be material to ® That quotation is admissible since there is no time to
time to contrive or the issue; invent stories.
devise; and (3) The statement must ® If there is a certain time in between, di na admissible
(3) The statements accompany the yon kasi pwede na mag-invent ng stories.
concern the equivocal act; and
occurrence in (4) The statements give (4) Declaration against interest
question and its a legal significance ® A person makes an extrajudicial statement that he is
immediately to the equivocal act. only leasing a property and then a case is brought to
attending court. Then in court he will say that sa kanya yung
circumstances. lupa. Kapag may nakarinig ng sinabi niyang
PAGE 22 OF 33
EVIDENCE
FINALS REVIEWER
extrajudicial statement na lessee lang siya, that’s Reputation Reality

admissible against the interest of the declarant. What you really are, or
® Kung hindi totoo bakit mo sasabihin? How people know you how you perceive yourself
® If in favor sa’yo that is a self-serving statement, that’s to be
not admissible. Example. “Hindi naman
Example. “Sinungaling
ako nagsinungaling, sinabi
naman yan si X eh.”
(5) Common reputation ko lang naman side ko.”
® Members of the same family (magtetestify and yung
party) Q: What does entries in the course of business mean?
® Sabi ni Justice ang common reputation daw hindi yun
Q: What are entries?
“rumor” or “chismis”. Kasi raw ang rumor walang
Q: What are the predicate facts that should be
basis, pero ang reputation daw nakikita ng maraming
established?
tao or your action towards a community.
Q: What is hearsay? Example, in Government offices, lahat yan may books. Sa

books na yun lahat yun may entry. Ibig sabihin dun
Q: Example of hearsay?
nilalagay lahat ng information. Admissible ito as evidence
Q: What is the reason for hearsay? because hindi naman pwede mag-testify yung mismong
Q: What are the exceptions to hearsay? book diba? So someone else will reiterate what is written
Q: What is ante mortem? Or dying declaration? in the book. It’s a routinary matter. Thus, there is a very
strong opinion—or something close to fact—na sure na
Q: What are the requisites of dying declaration?
trustworthy. The business man or the Government officer
will not put anything untruthful there in their records.
Q: Why is dying declaration an exception?
A: The reason is, a dying man does not or will no longer Q: What are entries of official records?
lie; or doesn’t have any chance to manufacture a story
cause He would soon see his Creator.
There is no document that can be an evidence without
authentication and verification. Kasi dun malalaman kung
Q: What is declaration against interest? genuine ba talaga yung document. However, para lang to
sa mga private documents.
Q: Why is it admissible?
A: It is admissible because it is contrary to the interest, his Q: What is res gestae?
interest kasi siya ang owner. Q: What are the two kinds of res gestae?
Q: Explain spontaneous statements?
Q: Why is it an exception? Q: Requisites of spontaneous statements?
Q: Pedigree—explain?
Q: If the declarant did not die, is there no exception? There’s a new term in the amendment. Hindi nalang siya
Q: What are the requisites? “startling occurrence”. Ngayon meron nang tinatawag na
“stress of excitement”.
Q: Example of pedigree?
Q: Do you need to die before this rule would be Q: What does stress of excitement mean?
applicable?
Remember that sa res gestae merong tatlong involved na

Q:When a member states in the witness stand that X is tao: (1) the actor; (2) the one who said the statement; and
adopted by his brother, that is admissible kasi member na (3) the witness.
ng family nila ang nagsabi. Why?
A: A member of the family should know who their relatives Example sinunog ni Captain Barbel yung simbahan.
are. Tapos sumigaw si Darna ng, “walangya ka Barbel bakit
Q: Why is reputation important? mo naman sinunog yung simbahan! Si Valentina lang
pinapasunog ko bakit nasama yung simbahan?” Tapos
A: Reputation is important because it sticks with you. It is
narinig ni Cardo Dalisay yun. Admissible yung sasabihin
what people will know you for or remember you as.
PAGE 23 OF 33
EVIDENCE
FINALS REVIEWER
ni Cardo na si Captain Barbel yung nag sunog ng CHARACTER EVIDENCE

simbahan.
Character Reputation
Even though these are not stated in the codal provision, The aggregate of the
remember that: Depends on attributes
moral qualities which
• Books which others believe one
belong to and distinguish
• Publication to possess.
an individual person.
• Newspapers
• Periodicals General Rule: Evidence of a person’s character or a trait
Are all admissible as evidence and are exceptions to the of character is not admissible for the purpose of proving
hearsay rule. action in conformity therewith on a particular occasion.
Why? Because the authority of the person who made such (Basically codal to, pero para mas madali Makita awuw)
or written such is recognized. Remember that it is The character of the offended party
important for the evidence to be trustworthy. may be proved if it tends to establish
in any reasonable degree the
OPINION probability or improbability of the
offense charged.
Criminal
Opinion – An inference or conclusion drawn from facts The accused may prove his or her
Cases
observed. good moral character, pertinent to
the moral trait involved in the offense
General Rule: The opinion of a witness is not admissible. charged. However, the prosecution
Exceptions: may not prove his or her bad moral
(1) Expert Opinion – Opinion of an expert on the branch character.
of science, literature, and art; acquired expertise on Evidence of the moral character of
the knowledge. the party in a civil case is admissible
(2) Ordinary Opinion Civil Cases
only when pertinent to the issue of
o Handwriting which he has sufficient familiarity; character involved in the case.
o Identity about whom he has adequate knowledge; Evidence of the good character of a
o Mental sanity of a person he is sufficiently witness is not admissible until such
acquainted; character has been impeached.
o The witness’ impressions of the emotion, In all cases which evidence of
behavior, appearance, or condition of a person. character or a trait of character of a
person is admissible, proof may be
Are authors of law books experts? According to Justice made by testimony as to reputation
hindi raw kasi yung iba raw mali mali pa nga grammar. or by testimony in the form of an
Papaniwalaan mo ba raw yun? L L L Criminal and opinion.
Civil Cases On cross-examination, inquiry is
Note: Expert evidence are given probative value but allowable into relevant specific
they’re not binding upon the court. Although, yes, they are instances of conduct.
given weight. But, why? In cases in which character or a trait
® Sometimes unreliable of character of a person is an
® The judge ultimately decides between or among the essential element of a charge, claim,
expert witnesses or defense, proof may also be made
of specific instances of that person’s
When don’t you need an expert? conduct.
For example, the witness is the child of the father and the
issue in the case at bar is the father’s penmanship. The If there is an evidence by prosecution which shows good
child is expected to know his father’s penmanship, and moral conduct, those kinds of evidence may be used in
does not need to be a handwriting expert to know such is rebuttal. Here, know that every person is presumed
his father’s. righteous. You don’t have to prove that you are good if you
are not bad.
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EVIDENCE
FINALS REVIEWER
Q: When will the witness be subject to character Prima Facie Case Prima Facie Evidence
evidence? This is the evidence or
A: If the moral character of the accused is the subject of kind of evidence that
the case. sufficiently proves a fact
This is used if only one
or part in the matter in
evidence is present. Also,
dispute.
There is a doctrine in criminal law which states that one the entire cause of action
witness is enough if that witness is the offended party. There is now a burden of
here is sufficiently proven
evidence on the part of
by the plaintiff.
Also, remember that if the story is outlandish, then it is not the defendant, which the
credible. Barbero baga. defendant needs to
negate or trump.
RULE 131 – BURDEN OF PROOF

Preponderance of Evidence – This is the evidence both
AND BURDEN OF EVIDENCE
sides give, and then the weightier one is the one that is
accepted by the court and/or the judge.
Burden of Proof Burden of Evidence
Duty of a party to come
PRESUMPTIONS
forward to promote the It depends upon the
proponent to prove the development of the case.
Presumption – An inference as to the existence of a fact
cause of action.
not actually known, arising from its usual connection with
another which is known, or a conjecture based on past
Example. There are individual styles on how we write, and
experience as to what course of human affairs ordinarily
from those differences, we can conclude or determine
take.
falsification.
Presumption Inference
Stage when burden of proof may be determined
Assuming a fact, but
Primarily on the pleadings. Although One which the rules allow
there is no legal value.
Civil Cases it may be changed during the pre- a party to assume on the
There is no law to prove
trial and during the proceedings. basis of established facts.
such.
During the pre-trial conference
when the accused raises his
2 Kinds of Presumptions
Criminal defenses or during arraignment
(1) Exclusive Presumption (or Presumption Juris et
Cases when the accused raises justifying
de Jure) – This is also called as Conclusive
circumstances. However, the issues
Presumption. This presumption cannot be rebutted or
may not be changed anymore.
disputed, and not permitted to be overcome by any
proof to the contrary.
Upon whom burden of proof rests
(2) Disputable Presumption (or Presumption Juris
Generally, on the plaintiff. The
Tanctum) – One which the law permits to be
plaintiff is always compelled to allege
overcome or contradicted by proofs to the contrary;
affirmative assertions.
otherwise, the same remains satisfactory.
Civil Cases The defendant has the burden of
proof if he raises an affirmative
2 Kinds of Conclusive Presumption
defense on the complaint of the
(1) Estoppel in Pais
plaintiff.
(2) Estoppel by Deed
The burden of proof is with the
prosecution by reason of the
presumption of innocence.
Criminal
Cases
See: page 3 of the reviewer, mej
nagexplain si Justice don sa lecture
niya.
PAGE 25 OF 33
EVIDENCE
FINALS REVIEWER
Estoppel in Pais Q: What is disputable presumption? Example?

Whenever a party has, by his own Q: What does presumption of innocence mean?
declaration, act, or omission Example?
intentionally and deliberately led
Q: When there is a decision, committing murder. What
Description another to believe a particular thing to
happens to the disputable presumption?
be true and to act upon such belief, he
cannot in any litigation be permitted to Q: What happens or when is the presumption of innocence
falsify it. no longer presumed?
(1) Conduct amounting to false Q: What is this presumption that officials regularly done or
representation or concealment; has done their acts?
Requisites
(2) Intent or at least expectation that Q: Why? Why is this presumed? Or why is this a
as to the
the conduct shall be acted upon; disputable presumption?
party to be
and Q: Extrajudicial killing—is that to the advantage of the
estopped
(3) Knowledge, actual or accused or the prosecution. Why?
constructive, of the real facts.
(1) Lack of knowledge of truth as to
Regularly performed
Requisites the facts in question;
• “I am not guilty cause I did my job”
as to the (2) Reliance on good faith upon the
• Accused with the rules and regulations to justify the
party conduct or statements of the
act
claiming party to be estopped; and
• So, sa policemen pwede nila sabihin na naglaban
estoppel (3) Action or inaction based thereon
cause it is their duty to do so
to his prejudice.
• Corruption => they did it in performance of their duty
daw, so the prosecution must destroy this
Estoppel by Deed presumption and rebut it
It is where the tenant is not permitted
to deny the title of his or her landlord Q: When is a person presumed dead for the purpose of
Description at the time of the commencement of re-marriage?
the relation of landlord and tenant
Q: Can the spouse already re-marry?
between them.
Q: What happens if the husband re-appears?
(1) Estoppel may attach even
though the landlord does not Q: Effect of re-appearance? Can he demand the life to
Points to have title at the commencement come back to him?
remember of the relations; and
(2) Estoppel may inure in favor of the Effect of a re-appearance of the spouse? Can he demand
successor. priority right?
• First marriage deems vacated, and the first marriage
Disputable presumption – A species of evidence that shall resume. The children sa 2nd husband,
may be accepted and acted on where there is no longer legitimized na.
evidence to uphold the contention for which it stands, or
one which may be overcome by other evidence. Q: Another presumption of death?
Q: After 4 years, can the estate be subject to probate?
The most important disputable presumption is?
Q: It is possible that the person presumed dead be alive?
Presumption of Innocence because until an accused or
What happens to the distributed property?
an alleged wrongdoer is convicted of final judgment, he is
presumed to be innocent. It is only the prosecution which
needs to overcome such. Goal ng prosecution mag-inject Q: Can insurance be claimed by the heirs?
ng doubt. If the prosecution fails to prove the guilt, the A: In insurance, the rule is different. The insurer needs to
burden of evidence belongs to the defendant. Here, the see evidence that such person is physically dead. This is
accused should submit evidence of moral certainty of specified in the contract of insurance.
doubt because with that an accused may be acquitted.
Hindi necessary na “actual” certainty that is why enough
na yung “moral”.
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EVIDENCE
FINALS REVIEWER
Q: Explain the presumption that the one who holds the Q: Can it be given in any other way that is not orally?
thing delivered to another belongs to another. A: Yes. If the question calls for a different mode of answer,
Q: How do you kill a presumption regarding death? the witness is incapacitated to speak, the testimony may
Q: When is theft subject of presumption? be given in affidavits, or depositions.
Q: Is recording necessary?
Take note that all these disputable presumptions may be A: Yes. The entire proceedings of a trial or hearing,
rebutted. It can be disputed. including the questions and answers, statements made,
shall be recorded.
Q: If you are a debtor and you execute a promissory note, Q: How?
what can the creditor do? What you do you do to the A: Shorthand, stenotype, or by other means of recording.
promissory note? What if it was returned to you? What is
Q: Is a transcript made by the official stenographer,
the presumption?
stenotypist, or recorder deemed prima facie a correct
A: A creditor will not release a promissory note until it is
statement?
paid. So, there will be a presumption that the debtor has
A: Yes, as the law provides for it.
paid already.
Q: Example, you bought a car but you paid for it in excess
Rights and obligations of a witness
can you reclaim the excess payment?
(1) To be protected from irrelevant, improper, or insulting
A: No. You can no longer ask for your money because questions, and from harsh or insulting demeanor;
kasalanan mo yun. The law does not protect you from your (2) To not be detained longer than the interests of justice
own ignorance. require;
Q: What should characterize the absence to make the (3) To not be examined except only as to matters
presumption operative? pertinent to the issue;
A: Absent, whereabouts are unknown, or the person who (4) To not give an answer which will tend to subject him
must know doesn’t know. or her to a penalty for an offense, unless otherwise
provided by law; or
(5) To not give an answer which will tend to degrade his
Q: Where can his estate go when he is already presumed
or her reputation, unless it be to the very fact at issue
dead?
or to a fact from which the fact in issue would be
Q: Are there times when a lesser period of time in the
presumed.
opening justified?
Q: How about the police? What rule is applicable? Is it the The witness must answer to the fact of his or her previous
same as the AFP? final conviction for an offense.
Q: What is the rule for re-marriage?
Q: What happens if a witness is presented to testify? Right against self-incrimination of a Witness
General Rule: A witness should not be compelled to give
Q: Difference between oath and affirmation?
an answer which will tend to subject him to a penalty or
Q: What is the other term for direct examination?
offense.
Q: What is direct examination? Exception: If it’s provided by law.
RULE 132 – PRESENTATION OF EVIDENCE LEADING AND MISLEADING QUESTIONS
Disclaimer for Rule 132: Nagstart yung discussion ni Leading Question Misleading Question
Justice sa Zoom sa offer of evidence. So, skip skip niyo Once which assumes as
nalang dun if you want. TY. a true fact not yet
A question which testified to by the
Examination of Witnesses suggests to the witness witness, or contrary to
(1) Done in open court; the answer which the that which he has
(2) Orally; and examining party desires. previously stated. It is not
(3) Under oath or affirmation. allowed in ANY type of
examination.
PAGE 27 OF 33
EVIDENCE
FINALS REVIEWER
General Rule: It is not allowed. Laying of a Predicate

Exceptions: Impeachment of a witness through prior inconsistent
(1) Cross-examination; statements.
(2) Preliminary matters;
(3) When there is difficulty in getting direct and intelligible Witness is impeached by prior inconsistent
answers from a witness who is: statements by laying the predicate
o Ignorant; (1) By confronting him with such statements, with time,
o A child of tender years; place, and circumstances under which they were
o Is of feeble mind; or made;
o A deaf-mute. (2) If the witness admits the making of such contradictory
(4) An unwilling or hostile witness; or statements, the accused has the benefit of the
(5) A witness who is an adverse party or an officer, admission, while the witness has the opportunity to
director, or managing agent of a public or private explain the discrepancy, if he can; and
corporation, or of a partnership or association which (3) If the witness denies, the accused has the right to
is an adverse party. prove that the witness did not make such a statement.
Reason for allowing leading questions AUTHENTICATION AND PROOF OF DOCUMENTS

The witness is not the cross-examining party’s witness. He
is expected to be adverse or hostile to the cross-examiner. Authentication - A formal affirmation by a public official
He is not expected cooperate. who has custody of a public record that a copy thereof is
a faithful and correct copy or reproduction of the original.
Q: What are the ways of impeaching?
A: The written official acts, or records of
§ By contradictory evidence; the official acts of the sovereign
§ By evidence that the general reputation for truth, authority, official bodies and
honesty, or integrity of the witness is bad; or tribunals, and public officers, whether
§ By prior inconsistent statements. of the PH or of a foreign country.
Q: Are these the only modes? Documents acknowledged before a
A: No. There are other modes which Section 11 did not notary public, except last wills and
add in its provision: Public testaments.
§ By involving him during cross-examination in Documents Documents that are considered
contradiction; public documents under treaties and
§ By showing the impossibility or improbability of his convention which are in force
testimony; between the Philippines and the
§ By proving action or conduct of the witness country of source.
inconsistent with his testimony; or Public records, kept in the
§ By showing bias, interest, or hostile feeling against Philippines, or private documents
the adverse party. required by law to be entered therein.
Q: Is credibility affected if the witness has a prior

As to authenticity of documents
conviction?
Public Documents Private Documents
A: Yes. It does not matter if the crime is serious of a light
A private writing must be
or minor offense. A public document is
proved relative to its due
Q: Can a party impeach his own witness? admissible in evidence,
execution and
without further proof of its
A: Generally, no. A party is not allowed. genuineness, before it
genuineness and due
Q: Are there exceptions? may be received in
execution.
A: Yes. evidence.
§ Witness is required by law;
§ Witness is an adverse party; or Self-authenticating documents
§ Witness is an unwilling or hostile witness. (1) Official records under seal;
(2) Notarized documents; and
(3) Certified copies of public records.
PAGE 28 OF 33
EVIDENCE
FINALS REVIEWER
When authentication is excused in private documents - - - - - - - - - - - ECQ PERIOD - - - - - - - - - - -

(1) Ancient document within the context of the Rules;
(2) When the genuineness and authenticity of an OFFER AND OBJECTION
actionable document have not been specifically
denied under oath by the adverse party; Q: What is the vital part of offer of evidence?
(3) When the genuineness and authenticity of the
A: It is vital because no evidence can be considered
document have been admitted; or
unless it is offered, not even when it is marked.
(4) When the document is not being offered as genuine.
Q: Exceptions?
Requisites for Ancient Document Rule A: When the evidence is properly identified by testimony
(1) The private document is more than 30 years old; duly recorded, and if it is already incorporated in the
(2) It is produced from the custody in which it would records of the case.
naturally be found if genuine; and Q: What amounts to an offer of evidence?
(3) It is unblemished by any alterations or circumstances
A: The Q&A amounts to an offer of evidence.
of suspicion.
Q: How should evidence be offered?
Ancient document rule applies only if there are no other A: All evidence must be offered orally.
witnesses to determine authenticity. Q: When should the offer of the testimony be made?
A: The offer of the testimony of a witness must be made
Irremovability of Public Record at the time the witness is called to testify.
General Rule: Any public record, an official copy of which
Q: When should the offer of documentary and object
is admissible in evidence, must not be removed from the
evidence be made?
office in which it is kept.
Exception: Upon order of the court where the inspection A: The offer of documentary and object evidence be made
of the record is essential to the just determination of a after the presentation of a party’s testimonial evidence.
pending case. Q: When should objection to offer of evidence be made?
And how?
How is judicial record impeached? A: It should be made orally immediately after the offer is
(1) By evidence of want of jurisdiction in the court or made.
judicial officer;
Q: When should objection for lack of formal offer be
(2) By evidence of collusion between the parties; or made?
(3) By evidence of fraud in the party offering the record,
A: It should be made as soon as the witness begins to
in respect to the proceedings.
testify.
Alterations in a document Q: How about to a question propounded in the course of

The party producing a document as genuine which has the examination?
been altered and appears to have been altered after its A: It should be made as soon as the grounds have
execution, in a part material to the question in dispute, become reasonably apparent.
must account for the alteration. He must show that: Q: When is formal offer of evidence not required?
(1) Was made by another, without his concurrence; A: It is not required in the following:
(2) Was made with the consent of the parties affected; § Lost objects previously marked, identified, described
(3) Was otherwise properly or innocently made; or in the record, and testified to by witnesses who had
(4) Did not change the meaning or language of the been subjects of cross-examination;
instrument. § Summary Proceedings;
§ Documents, affidavits, and depositions used in
It is presumed that a party producing it or with his privity rendering summary judgments;
caused the alteration. The burden is upon him to show that § Documents judicially admitted or taken judicial notice;
the same was not made by him or his privies. § Documents whose contents are admitted by the
parties;
Q: When is it a material alteration? § Documents or affidavits used in deciding quasi-
A: When it alters the terms or language of the instrument, judicial or administrative cases; and
or changes the rights, interests, or obligations of the § Naturalization, Insolvency, Cadastral, Other cases,
parties. Land registration, and Election cases (NICOLE).
PAGE 29 OF 33
EVIDENCE
FINALS REVIEWER
Identification Formal Offer Q: When is the ruling given?

Done in the course of the A: Generally, immediately after the objection is made.
Done when the party has
trial and is accompanied
presented his testimonial Q: Can the court not give it right away?
by the marking of the
evidence. A: Yes. If the court desires to take reasonable time to
evidence as an exhibit.
inform itself on the question presented.
Kinds of evidence Q: Is the reason for sustaining or overruling an objection
(1) Testimonial Evidence – necessarily needed to be stated?
o This is offered at the beginning A: No.
o This is when the witnesses are called to the stand Q: But may it?
(2) Documentary Evidence –
A: Only if the objection is based on two or more grounds.
o This is offered only after the termination
o The purpose is to give the nature and substance
Modes of excluding inadmissible evidence
(3) Object Evidence
(1) Objection; or
(2) Motion to strike out or expunge.
Judicial Affidavit –
o Premature answers;
® This contains the direct examination
o Unresponsive answers;
® This also contains the evidence to prove the cause of
o Answers that are incompetent, irrelevant,
action
immaterial, or improper;
® The lawyer is the one tasked to summarize this.
o Incomplete testimonies;
o Unfulfilled condition in conditionally admitted
Evidence must prove one segment of the cause of action:
testimonies; and
(1) Notoriety;
o The ground for objection was not apparent when
(2) Privilege communication;
the question was asked.
(3) Unsound mind; or
(4) If testimony is violative.
There must be an objection before motion to strike.
Objection No objection
An evidence illegally seized cannot be available in court.
To stop a testimony To continue a testimony
In addition, the rule requires the court to either deny or
admit the evidence.
Kinds of Objection
(1) General Objection – Does not go beyond declaring
Q: What is the rationale of excluded evidence?
the evidence as immaterial, incompetent, irrelevant,
or inadmissible. It does not specify the grounds for A: To notify the appellate court, and to be a deposition to
objection. determine if there is correct ruling or none.
(2) Specific Objection – States why or how the
evidence is irrelevant or incompetent. General Rule: If the cross-examination cannot be taken,
o Leading and misleading question; direct testimony is cancelled.
o Violation on rules of PER; and Exception: When there is waiver of the objection.
o Etc.
Q: What is needed to be done if a question is ambiguous?
Important: State WHY the evidence is immaterial or A: Ask something that is not definite, or a compound
incompetent. This is important so that the court can make question.
a proper ruling.
Q: What is a compound question?
A: Several questions in one sentence.
Q: What would happen if the court grants a continuous
question?
A: There will be no objection.
PAGE 30 OF 33
EVIDENCE
FINALS REVIEWER
RULE 133 – WEIGHT & SUFFICIENCY OF EVIDENCE Circumstances are pieces of evidence of a crime.
Although do not prove anything, once it is put together, it
Evaluation of evidence – It is the task of assigning when could INTERLOCK WITH EACH OTHER creating a
the evidence is admitted. conclusion.
HIERARCHY OF EVIDENTIARY RULES Q: Is a confession enough to convict?

A: No. In addition to confession, there must be CORPUS
Disclaimer: Yung lecture niya sa part ng hierarchy of DELICTI.
evidentiary rules sinama ko na dun sa Rule 128, so ayon.
Nilagay ko nalang ulit dito ito pero balikan niyo nalang Example
yung discussion sa first few pages. J ® In insurance, A disappears tapos the body cannot be
recovered. This is not sufficient to support the claim
Proof beyond reasonable doubt – Proof of such a of heirs. Paano if alam naman pala kung nasan si A,
convincing character that you would be willing to rely and sinabi lang nila para makuha yung pera.
act upon it without hesitation. Required in Criminal
Proceedings. Corpus Delicti – The fact of the commission of the crime.
Clear and convincing evidence – Evidence presented Corpus Delicti + Confession = Guilty
by a party during the trial must be highly and substantially
more probable to be true than not, and the trier of fact must Not enough
Plea of Guilty
have a firm belief or conviction in its factuality. Required in Not bailable
habeas corpus proceedings. Enough
Confession
Bailable
Proof of probable cause
- - - - - - - - - - - REVIEW - - - - - - - - - - -
Preponderance of evidence – Evidence as a whole
adduced by one side is superior to that of the other. What’s Evidence – Means sanctioned by the rules used in judicial
important is the weight or what is more convincing. proceedings in proving or ascertaining the truth.
Required in civil cases.
® Means – A tool
Substantial evidence – Such evidence as a reasonable ® Sanctioned by the Rules – The Rules of Court
mind may accept as adequate to support a conclusion. specifically provides for Evidence
Required in administrative proceedings. ® In judicial proceedings – In judicial Courts
EVIDENCE TO PROVE GUILT However, evidence is not applicable in NICOLE

(Naturalization, Insolvency, Cadastral, Other cases, Land
§ Direct Evidence – There should always be a registration, and Election cases).
witness.
§ Circumstantial Evidence – It is sufficient for There is a need for evidence only when there is a question
conviction if: of fact.
o There is more than 1 circumstance;
o The facts from which the inferences are derived How about question of law? No need na ng evidence
are proven; and cause trial is not necessary.
o The combination of all the circumstances is
such as to produce a conviction beyond When are circumstances of evidence not required?
reasonable doubt. (1) Judicial Notice;
(2) Presumption of Law; and
Example (3) Judicial Admission.
® 1st circumstance: A saw C entering the house of B
while holding a gun. Later, A heard a gunshot from Kinds of Issues
inside B’s house. (1) Question of Law – Trial is not necessary, hearing
® 2nd circumstance: B is the kabit of C’s wife. lang.
® 3rd circumstance: C told D, “papatayin ko si B!” (2) Question of Fact – Needs evidence.
PAGE 31 OF 33
EVIDENCE
FINALS REVIEWER
Trial Hearing (3) Testimonial Evidence – Statements on a witness

Presentation of Evidence Evidence OR arguments stand.
is required. are sufficient.
Q: W/N Judicial Affidavit a documentary evidence or a
If there is no issue of fact, you can ask the court to render testimonial evidence?
judgment. A: Depends on how it is needed as evidence.
What are the different kinds of evidence? Kinds of Evidence (Stages of Proceedings)
(1) Relevant and competent evidence (1) Evidence-in-chief – Direct testimony
o Hindi pwedeng relevant lang or competent lang, (2) Rebuttal – Opposite of Evidence-in-chief
dapat parehas: relevant and competent. (3) Sur-rebuttal – Contradicts the rebuttal
o No warrant of arrest + kinuha yung bolo = (4) Prima facie evidence –
Relevant, yes. Competent, no. The evidence o Sufficient to prove fact in issue
was secured illegally.
o Letter of a man to a woman, “my dear wife”. Is
Prima facie evidence Prima facie case
that evidence that they are husband and wife?
It is necessary to
Relevant, yes. Competent, no. No need
establish an issue in fact
(2) Direct or circumstantial evidence
o Direct – There is a witness
Most important rules in Evidence
o Circumstantial – Interlocking events
(1) Original Document Rule – When the subject of the
(3) Corrobative or cumulative evidence
inquiry is the original.
o Corrobative – Different pieces of evidence, but
o There no other admissible document but the
they basically prove the same thing
original
o Cumulative – Same kind of evidence.
o A duplicate document may be admissible. It is
o More witness, better evidence? NOPE. Quality
the copy of the original which was generated at
is important in evidence, not quantity.
the same time or with the same impression as
(4) Positive and negative evidence
the original document
o Positive – “I did not see the accused”
o Waivable if the copy is not properly objected to
o Negative – “The accused was not there”
o Persons not parties cannot use the ODR. To be
(5) Ordinary and expert evidence
able to invoke such rule, the person must be a
o Ordinary – Layman
party
o Expert – Knowledgeable, an authority in a
(2) Parol Evidence Rule – When the terms of the written
specific field
agreement/contract are being questioned
o Sometimes okay na ang ordinary, minsan di na
o No admissible evidence except for the
necessary ang expert. Kasi example, lasing. Di
document itself
naman na need ng expert to say na lasing yung
o “Evidence aliunde”
tao.
o The rationale of PER is based upon the fact of
(6) Electronic evidence – Any evidence generated
the sanctity of a written agreement
using electronic devises.
o Waivable
o Admissible ang text message.
(3) Hearsay Rule – Based upon the fundamental rule
that witnesses may testify only based on their
General types of Evidence
personal knowledge
(1) Real/Object Evidence – Addressed to the senses of
o Own perception hindi “sabi sabi”
the court.
o If the declarant makes a statement outside the
o When the court has to use its senses
court, hearsay. If in court, di na siya hearsay
o Demonstration is a very important thing as it
surrounds knowledge in the commission of the
Exceptions of PER – MUST BE RAISED IN THE
crime
PLEADING
o “Pakita mo nga paano sinaksak?”
® Kapag clear, and walang ambiguity, okay lang
(2) Documentary Evidence – Anything written, a figure,
® When there is a latent or intrinsic ambiguity
symbol, etc.
o Present testimonial evidence
o Tombstone – “When did the accused die?”
o PER may be admitted
o Document – Writing on a surface, becomes a
documentary evidence
PAGE 32 OF 33
EVIDENCE
FINALS REVIEWER
® When the agreement does not reflect the intention of Major kinds of Evidence
the party (1) Real/Object Evidence
o Prove the true intention by PER (2) Documentary Evidence
o Or if walang PER, pwedeng action for (3) Testimonial Evidence
reformation
Q: W/N a book is an object evidence or a documentary
Important exceptions to the Hearsay Rule evidence?
(1) Dying Declaration – A: It depends on the purpose. If it is the contents of the
o Very serious condition book, documentary evidence. If it the book as a book,
o Conscious of death object evidence.
o Declaration cause of impending death
o Later on dies
Secondary Evidence
o Why is this allowed? Because a person who is
® Copy of the original (1st)
about to die will not lie
® Recitation of the contents (2nd) Hierarchy
o A person is testifying on behalf of the dead
® Testimony of the witness (3rd)
o The declarant MUST BELIEVE NA
MAMAMATAY NA SIYA. Not 3 days after the
Original Documents
incident nabuhay pa. YUNG MAMAMATAY NA
® Public Documents – Form party of official records
o The declaration is yung cause ng impending
under the custody of a public office or a public officer
death
o Cannot be moved out from the office
(2) Res Gestae –
o Certified copy = original
o Startling event (nakakasindak)
o Notarized document
o Stress of excitement
o Significance? No need to authenticate
o No time to invent stories
because it’s self-authenticating.
o Why allowed? Because the declarant is under
® Private Documents – Submitted in compliance with
high stress, or surprise, thus he cannot lie. May
Law.
spontaneous statement from a truthful mouth
(3) Common reputation –
o If there is no marriage certificate, it can be
proven by secondary testimony and common
reputation
o Si A and B nakatira sa isang bahay, may 10
anak, parehas last name, etc.
Res Inter Alios Acta –

® Kung si Pedro ang nagsabi, si Pedro lang
® You cannot make anyone account for someone else’s
actions/words
® EXCEPT CONSPIRACY
o If the conspirator makes a statement
outside the court – BAWAL YON
o Magiging exception lang ang conspiracy if
the admission is done in court (judicial
admission)
® “Hampas sa kalabaw, latay sa baka”
® If you say something, you are responsible for it.
PAGE 33 OF 33

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EVIDENCE

Disclaimer: This is just suppletory to your other study Evidence Testimony

A: All facts in issue and other relevant facts.

but are not the very objects department of human activity,

KINDS OF EVIDENCE REQUIRED presumed innocent and it is up to the prosecution to

Preponderance of evidence – Evidence as a whole Requisites of JA

MANDATORY JUDICIAL NOTICE ® Example. Scientific findings

NEW RULES If an evidence is admissible, it does not mean it is credible.

Multiple Admissibility of Evidence – A piece of

Q: What kind of evidence is not allowed in PER? Exceptions to PER

Q: Can PER be given orally?

Requisites of Attorney-client privilege Priest-penitent privilege communication

Reason? In accordance to our culture; closeness of family Kinds of Admissions

Confession – The declaration of an accused Requisites of ABCA

Requisites of ABS COMPROMISE

Self-serving statements Criminal Law cases –

Evidence is not admissible when it shows that the accused

Exceptions: received in (5) Such

(4) The important to

by him, which found therein, judicial or

evidence which Additional notes of Justice HLA:

extrajudicial statement na lessee lang siya, that’s Reputation Reality

Q: What is hearsay? Example, in Government offices, lahat yan may books. Sa

Remember that sa res gestae merong tatlong involved na

ni Cardo na si Captain Barbel yung nag sunog ng CHARACTER EVIDENCE

RULE 131 – BURDEN OF PROOF

Estoppel in Pais Q: What is disputable presumption? Example?

RULE 132 – PRESENTATION OF EVIDENCE LEADING AND MISLEADING QUESTIONS

General Rule: It is not allowed. Laying of a Predicate

Reason for allowing leading questions AUTHENTICATION AND PROOF OF DOCUMENTS

Q: Is credibility affected if the witness has a prior

When authentication is excused in private documents - - - - - - - - - - - ECQ PERIOD - - - - - - - - - - -

Alterations in a document Q: How about to a question propounded in the course of

Identification Formal Offer Q: When is the ruling given?

HIERARCHY OF EVIDENTIARY RULES Q: Is a confession enough to convict?

EVIDENCE TO PROVE GUILT However, evidence is not applicable in NICOLE

Trial Hearing (3) Testimonial Evidence – Statements on a witness

Res Inter Alios Acta –

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