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Legal Edge Bar Review: Lecture On Evidence For 2017 Bar Examination
Legal Edge Bar Review: Lecture On Evidence For 2017 Bar Examination
LECTURE ON EVIDENCE
for
Issue of Fact
Instances where evidence is no
longer required:
When the pleadings in the a civil case fail to tender an issue.
judgment on the pleading will ensue in accordance with Rule 34.
Relevancy
Competency
Relevancy
• It is the relationship of evidence to the fact in
issue. If the evidence will tend to prove the fact in
issue, then the evidence is relevant. If there is no
connection at all, then the evidence is not relevant.
Res gestae
Declaration
against interest
Kinds of Admissibility
Rules of Admissibility
Object Evidence
Rule
The right against
self-incrimination
cannot be invoked
against object
evidence
Demonstrative Evidence
a recital of its
contents in
some authentic
document, or by
How to introduce secondary evidence when the
original is in the custody of the adverse party?
Public Document
Private Document
Public Document
• Public documents are:
• (a) The written official acts, or records of the
official acts of the sovereign authority, official
bodies and tribunals, and public officers, whether
of the Philippines, or of a foreign country;
• (b) Documents acknowledged before a notary
public except last wills and testaments; and
• (c) Public records, kept in the Philippines, of
private documents required by law to be entered
therein.
Private Document
A parent cannot be
compelled to testify
against his child or
direct descendants
Filial privilege
Admission of a party. —
The act, declaration or
omission of a party as to
a relevant fact may be
given in evidence against
him.
Confession
It may •
•
Specific intent
Knowledge,
be •
•
Identity
Plan
received •
•
System
Scheme
to • Habit
prove: •
•
Custom
Usage, and the like.
Hearsay Rule
U.S. vs.
Clemente,
22 Phil. 277
People vs.
Martinez, 42
Phil. 85
Exception to Hearsay
• SECTION 42. Part of the res
gestae. — Statements made by a person
while a startling occurrence is taking place or
immediately prior or subsequent thereto
with respect to the circumstances thereof,
may be given in evidence as part of the res
gestae. So, also, statements accompanying an
equivocal act material to the issue, and giving
it a legal significance, may be received as part
of the res gestae.
Kinds of Res Gestae
Spontaneous
statements
Verbal acts
Elements of Res Gestae
(Spontaneous statement)
• There is a startling occurrence.
The exception is
commonly encountered
in breach of contract
suits and suits for
collection of sum of
money
Requisites
That the person who made the entry must be dead or unable to
testify
The entrant was in a position to know the facts state in the entries
• RULE:
• SECTION 34. Offer of evidence.
— The court shall consider no evidence
which has not been formally offered.
The purpose for which the evidence is
offered must be specified.
Please take note:
“Marking of
document is not an
offer”
When formal offer of evidence
is not required
• In summary proceedings
• Documents judicially admitted or taken judicial notice of
• Documents, affidavits and depositions used in a summary
judgment
• Documents or affidavits and depositions used in deciding
quasi-judicial or administrative (Bantolino vs. Coca-Cola,
403 SCRA 699)
• Lost objects, previously marked, identified, described in the
record and testified to by the witnesses who hade been
subjects of cross-examination in respect to said objects
(Tabuena vs. CA, 196 SCRA 650)
When is the testimony of the
witness offered?