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Evidence Finals Reviewer
Evidence Finals Reviewer
FINALS REVIEWER
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
EVIDENCE
FINALS REVIEWER
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
EVIDENCE
FINALS REVIEWER
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
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.
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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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
EVIDENCE
FINALS REVIEWER
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
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
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
EVIDENCE
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)
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
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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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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
EVIDENCE
FINALS REVIEWER
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.
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
EVIDENCE
FINALS REVIEWER
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;
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EVIDENCE
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• 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:
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
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
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
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.
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© Murallos 2019-2020
Lecture of Justice H.L. Aquino
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”.
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Lecture of Justice H.L. Aquino
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
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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.
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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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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.
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.
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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.
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.
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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.
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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.
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
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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
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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
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® 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.
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