Evidence Course Outline
Evidence Course Outline
Evidence Course Outline
I. Preliminary Consideration
a) Concept of Evidence
b) Purposes
c) Distinction between Proof and Evidence
d) Factum Probans and Factum Probandum
e) Liberal construction of the Rules on Evidence
f) Waiver of the rules on evidence
II. Admissibility ( Rule 128)
a) Requisites of Admissibility
b) Test for Determining the Relevancy of Evidence
c) Admissible Evidence Distinguished from Credible Evidence
People v. Lauga, G.R. No. 186228, March 15, 2010
III. A. Judicial Notice (Rule 129)
1. Function of Judicial Notice; When Mandatory; When Discretionary.
2. Stages when judicial notice may be taken.
Corinthian Gardens v. Spouses Tanjangco, G.R. No. No. 160795, June 27,2008.
Social Justice Society v. Atienza, G.R. No. 156052, February 13, 2008
“G” Holdings, Inc. v. National Mines and Allied Workers, G.R. No.160236, October 16, 2009
Spouses Latip v. Chua, G.R. No. 177809, October 16, 2009
B. Judicial Admission (Rule 129)
1. Implied Admission of Allegations of Usury; of actionable documents;
2. Implied Admission in the Modes of Discovery;
3. Admission in Pleadings and Motions; in Amended Pleadings.
4. Alios Acta Rule
5. Effects of Admissions
6. Classification of Admissions and Confessions
7. Extrajudicial Confessions/Confession
People v. Muit, G.R. No. 181043, October 8, 2008
People v. Satorre, G.R. No. 133858, August 12, 2003
8. Admission by Silence
9. Admission by conspirator
Tamargo v. Awigan, G.R.No. 177727, January 19, 2010
10. Res Inter Alios Acta Rule; Exceptions
11. Plea of Guilty later withdrawn; Unaccepted Plea of Guilty;
Cuenco v. Talisay Tourist Sports Complex, G.R. No. 174154
Toshiba Information v. Commissioner of Internal Revenue, G.R.No.157594, March 9, 2010
12. Positive Identification
People v. Villacorta, G.R. No. 172468, October 15, 2008
13. Documented Alibi
Lejano v. People, 2010
14. Offer of Compromise
People V. Erguiza, G.R. No. 171348, November 26, 2008
15. Similar Conduct
Bank of Commerce v. Manalo, G.R. No. 158149, February 9, 2006
IV. A. Object Evidence
1. Meaning; Objective;
2. Requisites for Admissibility
B. Documentary Evidence
1. Meaning;
2. Requisites of Admissibility
V. Best Evidence Rule/Secondary Evidence (Rule 130)
1. Concept;
2. Reason for the Best Evidence Rule
3. Excuses of not presenting original
4. Meaning of Originals under Rules on Electronic Evidence
Edsa Shangrila v. BF Corporation, G.R. 145842, June 27, 2008
Chua Gaw v. Chua G.R. No. 160855, April 16, 2008
Sansan v. NLRC, G.R. No. 160855, April 16, 2008
DECS v. del Rosario, G.R. No. 146596, January 26, 2005
VI. Parole Evidence Rule
1. Application of Parol Evidence Rule
2. How to introduce parol evidence
3. Waiver of Parol Evidence Rule
ACI Phil.Inc. v. Coquia, G.R. No. 174466, July 14, 2008
Seaoil Petroleum Corporation v. Autocorp.Group, G.R. No. 164326,
October 17, 2008
Marquez v. Espejo, G.R. No. 168387, August 25, 2010
VII. Authentication and Proof of Documents (Rule 132)
a) Concept of Authentication
b) How to prove lack of reord
c) Ancient Documents
d) How to explain alterations in a document
e) Authentication under the Rules on Electronic Evidence
f) Impeachment of Judicial Record
VIII. Testimonial Evidence (Rule 130)
A. Qualification of Witnesses
1. Nature of Testimonial or Oral evidence
2. Presumption in favor of Competence of a witness
3. Other factors that do not affect the competency
B. Disqualification of Witnesses
1. Disqualification by Reason of Immaturity
People v. Golimlim, G.R.No. 145225, April 2, 2004
2. Disqualification by Reason of Death
Sanson v. Court of Appeals, G.R. No. 127745, April 22, 2003
3. Survivorship Disqualification Rule or Dead Man's Statute
4. Marital Disqualification Rule
5. Child Witness Examination Rule
People v. Canete, G.R. No. 491920, March 28, 2003
C. Privilege
1. Government Privilege
Neri v. Senate Committee on Accountability, G.R. No. 180643,
March 25,2008
2. Judicial Privilege
Per Curiam Decision of the Supreme Court in connection with the Letter of the House
Prosecution Panel to Subpoena Justices of the Supreme Court, February 14, 2012
3. Privilege Communications (Rule 130, Section 24)
Mercado v. Vitriolo, AC 5110, May 26, 2005
4. Parental and Filial Privilege (Rule 130, Section 25)
People v. Invencion, G.R. No. 131636, March 5, 2003
D. Examination of Witnesses (Rule 132)
1. Open Court Examination
2. Oath or Affirmation
3. Rights and Obligations of a witness
4. Kinds of Examinations
5. Death or Absence of a witness
E. Impeachment of a Witness (Rule 132)
F. Character Evidence (Rule 130)
1. Inadmissibility of Character Evidence
People v. Lee, G.R. No. 139070, May 29, 2002
G. Opinion Evidence
1. Admissibility of Opinion Evidence
Domingo v. Domingo, G.R. No. 150897, April 11, 2005
2. When Opinion Evidence Admissible; Expert Testimony
3. Opinion of Ordinary Witness; When Admissible.