Evid - HV

Notes based on judge Wagan’s discussions - DRAFT Code: H & V; AMENDMENTS
EVIDENCE Example
The eye witness in the commission of a crime of murder. Why
would that testimony be a direct evidence? Because that
witness itself can tell the court of who stabbed; what was
Prior to 1997, before the amendment of the Rules of Court,
used to stab, and the victims. It directly proves a corpus
the rules on evidence are from Rule 128-134 but now it is only delicti.
Rule 128-133, what happened to Rule 134? Rule 134 before
was labeled as perpetration of testimony. That was A corpus delicti in a murder, is the act of the unlawful killing.
transposed from Rule 134 to Rule 24 (Modes of Discovery) or
Deposition before action. It is no longer included under the In special laws like RA 9165, the corpus delicti is the
rules on evidence, because the committee deliberated that possession itself of the dangerous drugs, selling of the
this should be instead be one of the modes of discovery. dangerous drugs. These are facts that have to be presented
in court. How to prove this fact? Through presentation of
evidence.
Evidence is different from other procedural laws since this is
now the court in action. You will have to learn what evidence
to be presented, what may be admissible, what are those RELEVANT vs MATERIAL EVIDENCE
inadmissible, the procedure, the exclusionary rules, what are There is a common misconception between the two, they
excluded, what can be objected to, as well as presumptions are actually different.
and the degree of proof required. This study is important
Material evidence is always relevant, so you cannot say that
since this is not only to guide you for the bar exams but also
it’s material unless it’s relevant. Material [evidence] is that
to guide you when you are in court.
which is necessary to prove a fact.
Evidence is important because parties present evidence to

prove a fact. Illustration
For example, in a [case for sum of money] sum of money,
Presentation of evidence is necessary for those factual issues. promissory note is direct and material evidence.Direct in a
As you all know, the judge does not know what actually sense that it can prove the fact of indebtedness, the fact of
happened between the parties, that is the subject of inquiry existence of obligation, and it is necessary because it is an
or the subject of the case. essential fact. However, if during the pre-trial in a collection
for sum of money case, the defendant already admitted the
Evidence is to prove a fact, might concern as to the fact that he executed a promissory note. That promissory
existence of a fact or non-existence of a fact note becomes immaterial during trial. Meaning, it is relevant
because it proves the fact of obligation, but it is no longer
In a case for collection of sum of money, the plaintiff has the necessary for the plaintiff to present during trial because that
burden of presenting evidence to prove his claim. What will fact of execution has already been admitted. In that sense,
he present? To prove the fact there is indebtedness. Of the promissory note is obviously a relevant piece of
course, any document to show the defendant obtain a loan. evidence, but the presentation of it becomes immaterial,
More often than not, it’s a promissory note. because the fact of execution has already been admitted.
Take note, for the piece of evidence to be considered as
In criminal cases, the important thing is corpus delicti - the material, it is always relevant, but the reverse is not true. There
commission of the crime itself. cannot be a material evidence unless it is direct.
In murder, what will be presented? The acts of stabbing.

What would be the evidentiary facts? The knife used; the NEGATIVE vs POSITIVE
place where it was made, which is a circumstantial Proving a fact and not proving of non-existence of a fact.
evidence.
CUMULATIVE vs CORROBORATIVE
For legal issues and questions of laws, we learn in Civil Cumulative evidence is the same kind of evidence tending
Procedure, no need to present evidence as the court will to prove the same fact.
only have to apply the rules or the law applicable to a
certain case. Example
Two witnesses, two testimonial evidence to prove the same
fact of execution.
DIRECT vs CIRCUMSTANTIAL EVIDENCE
So the most common classification of evidence is - direct and
Corroborative evidence are different kind of evidence as to
circumstantial evidence.
its nature, tending to prove the same fact.
Under Rule 133, it defines what is a circumstantial evidence.
Example
The promissory note to prove the existence of the obligation
Circumstantial evidence, these are pieces of evidence
and for example the plaintiff’s testimony telling the court that
which in combination of two or more [pieces of evidence], is
the defendant obtained a loan as evidenced by the
also sufficient to convict the accused. These are inferences
promissory note. The promissory note is a documentary
that derived from established fact.
evidence, the contents of which is the subject of the inquiry,
and the testimonial evidence given by the plaintiff, they are
What about direct evidence? Simply, it’s evidence that
different kinds of testimony, but they are for the purpose of
directly proves the fact in issue, without need of inferences.
proving of the same fact.
Hedd x Vinces
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IN A JUDICIAL PROCEEDING
RULE 128 - GENERAL PROVISIONS Generally this will not apply to quasi-judicial and
administrative proceedings, because as defined it applies
EVIDENCE only to judicial proceeding but it may be applied suppletorily
or supplementary. It is admissible because it is an entry as
Evidence under Rule 128, Sec. 1 is the means, sanctioned by
one of ordinary course of business or one of the exemptions
these rules, of ascertaining in a judicial proceeding the truth
to the hearsay rule. Take not of the general rule and
respecting a matter of fact.
exemptions and exceptions to the exemptions.
It’s the procedure itself that reminds what evidence is.

THE TRUTH RESPECTING A MATTER OF FACT
The issues to be resolved may be issues of facts and/or issues
Note: Only evidence is defined among all the Remedial Law
of law. It also include the evidence itself. You won’t be able
subject. You cannot find the same definition in civil
to know how to present a documentary evidence unless you
procedure but the special civil action is defined, summary
know it is documentary. Later on, you will learn that not all
procedure is defined.
documents are offered as documentary evidence. It does
not mean that all a material that has wrings or expressions
FOUR REQUISITES OF EVIDENCE are considered as evidence. A demand letter, marriage
a. Evidence as a means of ascertainment/ascertaining the contract, or medical certificate may not be offered or used
truth as documentary evidence instead the offeror may want
b. Sanctioned by the Rules them only as object evidence. You will learn that later when
c. In a judicial proceeding we go to rule 130.
d. The truth respecting a matter of fact
ADMISSIBILITY vs WEIGHT OF EVIDENCE
MEANS OF ASCERTAINMENT Admissibility is an issue of whether or not, that evidence be
From Rules 128 to 133, provide the procedure of what are the admitted by the court, for to consider it in resolving the fact
evidence that can be presented, and as classified under in issue. It’s only an issue on whether to admit it for the court
Rule 130. As to its nature there are three kinds of evidence — to consider. The probative weight on the other hand is when
object, documentary (which includes electronic data after the evidence has been admitted, that’s when the court
message and electronic document), and testimonial will have to weigh. That’s when the court will have to look
evidence. into whether it has probative value to prove the fact sought
to be established.
You will not be able to know the procedure or how it will be
presented if you fail to know or categorize an evidence as AXIOMS OF ADMISSIBILITY
object, documentary or testimonial. Object and a. Relevancy - when it has some relation to the fact in issue
documentary evidence will be distinguished only in you will as to induce a belief of existence or non-existence of a
know the purpose for which it is presented or offered. fact
b. Competency - evidence is not excluded by the law,
Constitution, the Rules (even without the amendment, it
actually presupposed that law included Constitution)
Example
You are a prosecutor for a rape case. In general what will be Before evidence is admitted for the court to consider it, it
your essential evidence to prove the fact of rape? The must be relevant (meaning it has relation to the fact in issue
corpus delicti in rape is the act of sexual intercourse against as to engender a belief of its existence or not). It must not
the will of the victim. What will you present? The victim. How only be relevant, it must also be competent. Competency
will you present the victim? If we are to rely only on the refers to the fact that, that piece of evidence is not included
definition, the rule only provides the manner of presenting the by law, and as amended, not excluded by the Constitution
certificate which is a documentary evidence, the manner of or these Rules, or some other Rules that may have been
promulgated, which is applicable to a particular case.
presenting the garment of the accused as object evidence
of the crime. If you rely on sec. 1 it is only how you present the
PRIMARY SOURCES
victim, the certificate, the brief stained with blood of the a. Rules of Court
accused. Will that only be it? What about the testimony, the b. Constitution
contents of the certificate which found that there are c. Special Laws
biological objects found? The contents of the certificate, the
testimony of the victim, are those also included in Sec. 1 of Other sources:
rule 128, although it says only means? As defined under sec 1 a. Special rules provided by or promulgated by the SC, in
it limits only on the means, it does not take away the most addition to rules on evidence.
important which is the evidence in itself. b. Jurisprudence
c. What are these special rules that govern the presentation
of evidence (ex. Presentation of DNA evidence, rule on
SANCTIONED BY THE RULES
electronic evidence, rule on examination of child witness,
The means must be in accordance with the rules of court, the
Judicial affidavit rule, Rule on cybercrime warrants)
constitution, the applicable laws, applicable special rule or
jurisprudence.
Hedd x Vinces
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d. Like preservation of evidence in Anti-Drug cases the Rules There’s no need to present evidence. Most common of
on DNA evidence also provide for chain of custody. which, is our laws — laws that are enacted by Congress, and
Correlate the rules in the special laws. became into law. There’s no need for the party to present RA
e. When we get to Rule 132 on proof and presentation of 1175 (Cybercrime Law). There’s no need for the party to
evidence you’ll have to read the Judicial Affidavit rule in present provisions of the Civil Code. The judge is expected to
tandem with presentation of testimonial evidence. know.
f. The revised guidelines on continuous trial would be
properly discussed in criminal procedure. But there are Geographical locations by the way do not include
provisions we need to correlate when we get to Rule 132. boundaries. Boundaries are subject to presentation of facts.
Do not be overwhelmed with those that I mentioned You know that in Administrative Law, when a municipality
because you should not study them in isolation because would like to be converted to a city, there are requisites that
you need to know them, you should have an overview the proponent has to present — the location, the area, the
over its application. It should be correlation of all these. number of population, metes and bounds of that area of
municipality. It’s common in court to hear boundary disputes
COLLATERAL MATTERS of the parties, even the boundary of a public plaza, market
Evidence in collateral matters are generally inadmissible. place, between two municipalities.
However, it is allowed, when it tends in any reasonable
degree to establish the probability and improbability of a Geographical locations that need no presentation of
fact in issue. They are inadmissible because it is irrelevant. evidence — that Luzon is made up of Luzon, Visayas,
Mindanao, that we have 12 regions.
RULE 129 - WHAT NEED NOT Note: Between geographical locations and the law, it is the
BE PROVED law that defines the territorial jurisdiction of the court. Instead
of relying of geographical locations, might as well rely on the
provisions of the law, which BP 129, as amended.
Rule 129 covers those subject of judicial notice and judicial
admission. DISCRETIONARY JUDICIAL NOTICE
a. Matters which are public knowledge
Are there other instances where a fact may no longer be b. Matters which are capable of unquestionable
proven? yes. Most of these, are when those facts have demonstration
already been admitted (that falls under judicial admission); c. Those which are ought to be known by the judge, in the
and those conclusive presumptions. exercise of his function
CLASSIFICATION OF JUDICIAL NOTICE MATTERS OF PUBLIC KNOWLEDGE

a. Mandatory judicial notice (Rule 129, Sec 1) It must pass the test of notoriety. That it is notoriously known
b. Those subject to the discretion of the court that such fact happened or exist. It is notoriously know in the
c. Those that require hearing - it is when the party requests community.
the court to take judicial notice, or when the court itself
may motu proprio would take judicial notice of the fact Example
a. Luneta is in Manila
JUDICIAL NOTICE vs JUDICIAL KNOWLEDGE b. Baguio is the summer capital of the Philippines
The knowledge of the judge does not matter. The judge may c. Ninoy Aquino was shot in NAIA
have a personal knowledge of that fact, but if the party
d. PICC is within the jurisdiction of Pasay
objects and says that it’s a matter that can’t be subject of
e. MOA is in Pasay
judicial notice, because it needs to be proven by presenting
evidence, then the court must hear, on whether or not the
court may take judicial notice. These are of public knowledge, you don’t have to prove
that.
MANDATORY JUDICIAL NOTICE

If the party says, “Your honor, may we request for the court to
They are enumerated under Section 1:
take judicial notice that it is of public knowledge that
A court shall take judicial notice, without the introduction of
between the hours 4-6pm along the corner of EDSA and Taft
evidence, of the existence and territorial extent of states,
Ave., there is always heavy traffic, it would not fall on matters
their political history, forms of government and symbols of
which are public knowledge, that the court may take judicial
nationality, the law of nations, the admiralty and maritime
notice of. It (the traffic) varies. The proponent will have to
courts of the world and their seals, the political constitution
present evidence to prove that such fact exists.
and history of the Philippines, the official acts of legislative,
executive and judicial departments of the Philippines, the
laws of nature, the measure of time, and the geographical MATTERS WHICH ARE CAPABLE OF UNQUESTIONABLE
divisions. DEMONSTRATION
These are matters established by studying Science. In one
case, the Supreme Court says that it is a matter which is
These are matters that have already been established.
Hedd x Vinces
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capable of unquestionable demonstration that a woman

may give birth of twins
RULE 130 - RULE OF ADMISSIBILITY
MATTERS WHICH OUGHT TO BE KNOWN BY JUDGES BY REASON

OF THEIR DUTIES A. OBJECT OR REAL EVIDENCE
In a civil case, it is a matter that ought to be known by the
judge, that such judge issued a TRO in a certain case; or a If it is an object evidence, for as long as it is relevant, it will be
case has already been dismissed; or that summons have presented to the court in manner that the court may
already served by publication; or that there’s consolidation examine or view it. It may also be exhibited. It may also
of that case where the lower docket number is in the other include those instance when the court conduct ocular
branch; or it is ought to be known by the judges that there inspection. Objects need to be testified what it claims to be,
have been circulars or those announcements from OCA. unless such evidence is admitted during the pre-trial or in a
They are different from administrative matters issued by the pleading.
SC.
Illustration Example
The administrative matter of what the court should observe in The knife used in the commission of the crime of murder. It
ECQ, GCQ, MECQ will fall under mandatory judicial notice. must be testified that the knife is the knife used in the
They are official acts of the judiciary. Remember that the commission of the crime.
Rules promulgated by the SC are laws in themselves, and
were promulgated through the power under the Constitution.
B. DOCUMENTARY EVIDENCE
However, when a court administrator issues circulars. Those
are matters which are ought to be known by judges,
because as a judge, it is presumed that he received them. It
is also presumed that the OCA had regularly performed their As amended, documentary evidence now includes
duties in circulating these administrative matters. recordings, photographs, or any material containing words,
letter, figures, symbols, or their equivalent (means, equivalent
to letters, words, sounds, numbers, or any modes of written
Territorial jurisdiction of the courts is under mandatory judicial
expression)
notice, because there is law.
Section 2 added a new sentence, “Photographs include still

JUDICIAL NOTICE, HEARING REQUIRED picture, drawing, stored images. X-ray films, motion pictures
As amended, Section 3 provides that even during pre-trial or videos.”
and trial, the court may motu proprio or upon motion. It
would refer to any matter.
Recall that, a photograph does not necessarily mean an
object evidence. It can either be object or documentary
JUDICIAL ADMISSIONS evidence.
In judicial notice, there is mandatory, there is subject to

discretion, and there is that require a hearing. Judicial Photographs can be considered as documentary evidence
admission are from the parties. Judicial admissions can be when two requisites are shown:
through their admissions in the pleading. Remember, a. That the content of which are the subject of inquiry, and
allegations in the complaint/answer may contain admissions. b. that photograph contains a mode of expression or their
In a case for collection of sum of money, the defendant may equivalent.
opt to admit that he executed a promissory note, but raised
the affirmative defense that the obligation has already been
paid. There’s also judicial admission when the parties admit Illustration
during the pre-trial. There’s also judicial admission in motions. If it was a photograph of two vehicle which were the subject
of a vehicular collision, it would depend on the offer of the
TWO GROUNDS TO REPEL OR QUESTION THE ADMISSION proponent if it would be object or documentary. If the offer
There are two grounds that he may invoke to repel or of the proponent show that to prove their positions after the
question the admission: impact, it is offered as object evidence.
a. Mistake - it was made through a palpable mistake

b. No admission at all (imputed admission) You need to classify whether a photograph is an object or
documentary evidence. If the photograph is offered as
object evidence, it need not to comply with the original
document rule. If the photograph is offered as a document
evidence, it need to comply with the original document rule.
To comply with the original document rule, he must show the

original of the photograph. If the photograph is offered as
Hedd x Vinces
Page 4 of 39
both object and document evidence, he will still have to of photography.

comply with the original document rule.
If the reproduction was made by superimposition, or that the
- ORIGINAL DOCUMENT RULE - reproduction was made in such a way that there was
altercations, but was also made in the reproduction which is
different from the original, it’s up for the opponent now to
ORIGINAL DOCUMENT RULE raise the issues under letter c — that it’s not the authentic
If the document is offered to prove its contents of the original that was executed by the parties.
document, the offeror must present the original. If it only
prove that it exists, the offeror need not to comply. EXCEPTIONS TO THE PRESENTATION OF THE ORIGINAL
(SECONDARY EVIDENCE, WHEN ALLOWED)
SECONDARY DOCUMENT, EXCLUDED In the event the proponent of the documentary evidence
The secondary evidence, which is not the original, is does not have the original documents, he may present
excluded. secondary evidence instead. However, he must comply with
what we call, the predicates. The predicates of presenting
ORIGINAL DOCUMENT the secondary evidence. These are the exceptions
Section 4 has been substantially amended by the Supreme a. When the original was lost, destroyed or cannot be
Court, as to what is considered as original document. produced without bad faith on the part of the offeror
b. When the original is in the possession of the adverse
Under the old rule: against whom it is to be presented, and he fails to
produce it and show it within reasonable time.
a. The original of the document is one the contents of which
Notwithstanding the judicial process, the original cannot
are the subject of inquiry.
be produced. The original cannot be obtained by local
b. When a document is in two or more copies executed at
judicial processes or procedure
or about the same time, with identical contents, all such
c. When the original consists of numerous accounts or other
copies are equally regarded as originals.
documents which cannot be examined in court without
c. When an entry is repeated in the regular course of
great loss of time and the fact sought to be established
business, one being copied from another at or near the
from them is only the general result of the whole; and
time of the transaction, all the entries are likewise equally
d. When the original is a public record in the custody of a
regarded as originals.
public officer or is recorded in a public office.
e. When the original is not closely related to a controlling
Under the new rule, the following are original document: issue
a. An "original" of a document is the document itself. The
one that executed by the parties.
Illustration (document is unavailable)
b. A "duplicate" is a counterpart produced by the same
Lost - when his bag was snatched by a snatcher, and
impression as the original.
together with it were the documents or letters as the case
c. A duplicate is admissible to the same extent as an
may be
original unless (1) a genuine question is raised as to the
Destroyed - destroyed by fire, by flood, by typhoon, or was
authenticity of the original (there is a parameter by which
eaten by termites
to question letter a or b, as the case may be), or (2) in the
circumstances, it is unjust or inequitable to admit the Cannot be produced - he can no longer find it, despite
duplicate in lieu of the original. efforts to locate it
Illustration (Counterpart) Illustration (cannot be obtained by judicial processes)

Any counterpart. For example, when they execute a Before the court allows secondary evidence, the proponent
summary of the sales and the same entries are also encoded would say, “Your honor, we cannot show the original
or repeated in another format to revalidate the previous because my client does not have the original. It’s in the
contents. So the other format containing the same, possession of the defendant. The defendant does not want
considered as a counterpart, may also be considered as to part it with it, even with our request.”
original.
It would not allow the proponent to present and offer the the
If you take a photo of your class card, does the saved photo secondary evidence, or the testimony of the witness of a
on your photo gallery, an original? Under the old rule, it’s just copy in the absence of the copy. There is still a way by which
a mere reproduction. In MCC v. Ssangyong, a photocopy of to compel the other party to produce — by issuance of
a facsimile transmission is not the original of an electronic subpoena duces tecum. He may also result to Rule 27
document, because it’s just a reproduction, ad there’s a (Production of documents).
paper-based document. Under the new rule, it’s also an
original of the document, if the duplicate or the counterpart If despite those, the original cannot still be produced, he may
produced the same impression as the original, or by means now be allowed to present secondary evidence.
Hedd x Vinces
Page 5 of 39
lapsed, they can get the original from the clerk of court that
Note: If the document is in the custody or under the control
gives the notarial commission to the notary public.
of adverse party, he must have reasonable notice to
produce it
These are sources from which they can get deeds of
conveyances. Before the offeror has allowed, or before the
NUMEROUS ACCOUNT
court admits a secondary of that deed of conveyance, the
In letter c (numerous account), the original document exists,
offeror or the proponent must account for the non-
it just that we don’t need to offer them to court, because
availability.
what to be established is the result.
Unlike letter a (document unavailable) and letter b

(document in the possession of the adverse party, letter c SECONDARY EVIDENCE
(numerous account), the original document is in the
possession of the proponent, but it is too numerous. It is LETTER A After the proponent has lay down the
voluminous, that it would require waste of time for the court (UNAVAILABLE) predicates of presenting the secondary
to look at it and examine it, when what to be sought or evidence, because the original was lost,
established is only a general result. destroyed, or cannot be produced, the
secondary evidence would be:
a. A copy of that original document
Illustration (original is a public record) b. The entries of the document by
a. Possession of firearms - FEO (Firearms and Explosive Office) recital of its contents in some
As to who is licensed to possess, the original document is in authentic document
the FEO, in the possession of the person having custody. c. In the absence of the first two, he
Generally, such document need not be presented in court, may present a testimony of a witness
by reason of irremovability of public records. These records who has personal knowledge of the
must be safeguarded, as required by law. contents of that document (Section
b. POEA 5, Rule 130)
Records on who has license to recruit workers abroad and to
deploy workers abroad LETTER B When original is in the possession of the
(POSSESSION adverse party, the aforementioned
c. LTO
OF ADVERSE secondary evidence may also be
Record that the car was registered PARTY) presented. (Section 6, Rule 130)
d. HLURB
Record of licenses of the subdivision developers LETTER C It could be a summary of account, a
e. LTFRB (VOLUMINOUS report, or a table or graph, as the case
Records for certificate of conveyance ACCOUNT) may be. (Section 7, Summaries - new
provision)
NOT CLOSELY RELATED LETTER D A certified true copy or a certification,

(PUBLIC may be presented. (Section 8, Rule 130)
Meaning it is not closely related to the fact in issue. So, he
RECORD)
can now present a copy or secondary evidence.
REQUISITES BEFORE PRESENTING SECONDARY EVIDENCE - PAROL EVIDENCE RULE -

However before a person may present secondary evidence,
he must establish to the court:
PAROL EVIDENCE
a. That such original document exists or was executed.
Parol evidence is different from parol evidence rule. It is
b. He must account of all the original, if the original is in two
evidence aliunde.
or more copies. (if the there is only one copy of the
It could be another document or a testimony of a witness. It
original, there’s no need to account)
can refer to any other document other than the contents of
In addition to that, when original is in the possession of the
the written agreement.
adverse party, he must also prove:
c. That the adverse party has the possession (when the
PAROL EVIDENCE RULE
original document is in the possession of the adverse
It’s the rule under the Rule on Evidence that says, when the
party)
terms of an agreement have been reduced to writing, it is
d. That the adverse party despite receipt of the request to
considered as containing all the terms agreed upon and
produce, did not produce it
there can be, between the parties and their successors in
interest, no evidence of such terms other than the contents
of the written agreement.
Illustration (2nd requisite)
In a deed of sale, the vendor has a copy, the vendee has a
copy, the Bir has the copy, the notarial lawyer also has the Parol evidence rule excludes presentations of evidence other
original. If the 2-year period under the notarial law has than the written agreement
Hedd x Vinces
Page 6 of 39
Rationale
There is an instance that it is the plaintiff who put the issue in
This follows the principle of mutuality of contracts. Terms and
his complaint — reformation of contract.
stipulations mutually agreed upon by the parties bind them.
They cannot be allowed to change, to modify, or add
stipulations, once they have agreed and executed a written Under the Civil Code, when the terms of the agreement do
agreement. not express the true intention of the parties, the remedy of
the parties of the contract is to file an action for reformation
of the contract to assail that the specific provision does not
Unilateral document
express the true intention.
This will not apply to unilateral documents.
WILLS
Illustration (unilateral document)
Section 10 specifically provides that the term “agreement“
A simple promissory documents that says, “I promise to pay”
includes wills. Of course, wills are unilateral disposition. It is
is a unilateral promise. So this is not an agreement.
because we have the provision under the Civil Code that we
have to respect the will of the testator. No person, no
However, there are promissory notes that contain terms and claimant, or no oppositor would be allowed to present
conditions that are signed by both parties. Although it is a evidence modifying, adding, explaining, or altering the
promissory note, since it contains terms and they will present disposition of the testator. Exceptions will also be applicable.
that to prove that they agreed upon that, they must comply Provided that the defense is raised in an opposition or
with parole evidence rule. pleading, as the case may be.
PRESUMPTIONS RELATED TO PAROL EVIDENCE RULE ORIGINAL PAROL EVIDENCE

Section 3, Rule 131, “That the private transactions have been DOCUMENT RULE RULE
fair and regular.” It is usually used against the party opposing
the written agreement. As to what can Original document The contents of the
be offered written agreement.
Meaning, the
EXCEPTIONS written the
Parol evidence rule only applies to the parties of the agreement, which
agreement. However, a party to an agreement, which is the is also the original
subject of the case, may present evidence (evidence
aliunde) to modify, to amend, to change or explain the terms As to what is Secondary Parol evidence
excluded evidence
of the agreement if he puts in issue (in his verified pleadings),
[any of] these four instances: When to Contents of the The subject of
a. An intrinsic ambiguity, mistake or imperfection in the comply document are the inquiry are the
written agreement; subject of the terms of the
b. The failure of the written agreement to express the true inquiry agreement
intent and agreement of the parties thereto;
c. The validity of the written agreement; or
d. The existence of other terms agreed to by the parties or - INTERPRETATION OF DOCUMENTS -
their successors in interest after the execution of the
written agreement. (Section 10, Rule 130) Section 11. Interpretation of a writing according to its legal
meaning. — The language of a writing is to be interpreted
according to the legal meaning it bears in the place of its
Illustration execution, unless the parties intended otherwise.
The rule is the proponent of a case can only be allowed to
present evidence aliunde if he put the issue in his pleadings. Section 12. Instrument construed so as to give effect to all
And example would be in his answer in specific performance provisions. — In the construction of an instrument, where
in a contract of service. there are several provisions or particulars, such a construction
is, if possible, to be adopted as will give effect to all.
The defendant in his answers raised a defense that the
contract is unenforceable or that the contract does not Section 13. Interpretation according to intention; general
express the true intention [of the parties]. and particular provisions. — In the construction of an
instrument, the intention of the parties is to be pursued; and
The defendant can present evidence aliunde now. It is when a general and a particular provision are inconsistent,
because logically, how can the defendant prove that the the latter is paramount to the former. So a particular intent
written agreement does not express the true intentions if they will control a general one that is inconsistent with it.
will not be allowed to present evidence other than the
written agreement. He must comply with the condition Section 14. Interpretation according to circumstances. — For
precedent — to put it in his pleadings the proper construction of an instrument, the circumstances
Hedd x Vinces
Page 7 of 39
under which it was made, including the situation of the

subject thereof and of the parties to it, may be shown, so COMPETENT WITNESS
that the judge may be placed in the position of those who When you say that he is competent to testify, you’re saying
language he is to interpret. he is a qualified witness. When you say competent to testify,
you’re saying he is capable to perceive, was perceiving, and
Section 15. Peculiar signification of terms. — The terms of a can make known his perception to other.
writing are presumed to have been used in their primary and
general acceptation, but evidence is admissible to show that RULE 130, SECTION 21 PAR. 2
they have a local, technical, or otherwise peculiar Religious or political belief, interest in the outcome of the
signification, and were so used and understood in the case, or conviction of a crime unless otherwise provided by
particular instance, in which case the agreement must be law, shall not be ground for disqualification.
construed accordingly.
They are not disqualification, however in prior conviction,

Section 16. Written words control printed. — When an there is certain exceptions
instrument consists partly of written words and partly of a
printed form, and the two are inconsistent, the former
controls the latter. Illustration (prior conviction as a disqualification)
a. Instrumental witness in a notarial will. They are not
Section 17. Experts and interpreters to be used in explaining qualified to become an instrumental witnesses if they
certain writings. — When the characters in which an have been convicted of false testimony in civil case,
instrument is written are difficult to be deciphered, or the falsification, perjury, or crimes involving moral turpitude. It
language is not understood by the court, the evidence of is because if that will be probated, he might be asked to
persons skilled in deciphering the characters, or who testify, to prove the execution of the will.
understand the language, is admissible to declare the b. Discharge of the accused as a state witness - the 5th
characters or the meaning of the language. requisite for discharge of a state witness is when he is
convicted by final judgment of a crime involving
Section 18. Of Two constructions, which preferred. — When turpitude (estafa, perjury, false testimony in civil case or
the terms of an agreement have been intended in a falsification)
different sense by the different parties to it, that sense is to
prevail against either party in which he supposed the other
understood it, and when different constructions of a provision — DISQUALIFICATIONS —
are otherwise equally proper, that is to be taken which is the
most favorable to the party in whose favor the provision was
made.
Before there are four disqualifications, now, they are only two
disqualifications. Only the disqualification by reason of
Section 19. Construction in favor of natural right. — When an marriage and disqualification by privilege communication.
instrument is equally susceptible of two interpretations, one in
favor of natural right and the other against it, the former is to
The two others were deleted:
be adopted.
a. Disqualification by reason of insanity or immaturity
b. Disqualification by reason of the death or insanity of the
Section 20. Interpretation according to usage. — An
adverse party, which is now transposed to Section 39
instrument may be construed according to usage, in order to
(exception to the hearsay rule)
determine its true character.
Another thing, as amended, Section 36, was transposed now

C. TESTIMONIAL EVIDENCE as Section 22. That testimony is confined only to personal
knowledge. Immediately after qualification.
A child is also presumed as a qualified witness. A child is If your relate it to qualification, a person is qualified as long as
presumed competent to testify. It is the duty of the court he is able to perceive, is perceiving, and can make known
his perception to others. We need perception because his
Even a blind can testify; even a deaf-mute can testify testimony must be based on personal knowledge and
through sign language. personal knowledge is that which is derived from his own
perception. Since, we are after for proving a fact. He cannot
tell the court of the existence and not existence of a fact, if
QUALIFIED WITNESS he was not there.
All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses.
KASAMBAHAY LAW
You can notice that the disqualification by reason of insanity Your house helpers, your angels in the house, they cannot be
and immaturity were removed. Maybe, because under our
examined, with regard to matters which they have learned
present Rules, a child is presumed to be a qualified witness.
when they were working in the household. That is a
Hedd x Vinces
Page 8 of 39
disqualification by reason of a law.

communication is in the hands of a third person, it remains to
be privileged. Whoever in the possession [of such document],
DISQUALIFICATION BY REASON OF MARRIAGE
cannot be asked to tell the court; cannot be testify on that
During their marriage, the husband or the wife cannot testify
matter in court. They can take the witness’ stand, but they
against the other without the consent of the affected
cannot answer on those even if they are third persons.
spouse.
Provided that the original parties to the communication, took
reasonable precaution to protect its confidentiality. The
Rationale opponent can insist that the parties did not take reasonable
To maintain the sanctity of their marriage. precaution to protect its confidentiality. After that, he may
now be allowed to testify on that.
Exceptions
a. When the affected spouse consents
Privilege communication includes the secret act (example
b. In a civil case, filed by one against the other
sniffing drugs). For as long as it seeks to convey something, It
(annulment case, support, habeas corpus wcm)
is communication. It’s not limited to oral or verbal
c. In a criminal case, filed by one against the other or
communication.
against the latter’s direct descendants or ascendants
(violation of VAWC, parricide, or any crime committed by
one against the other) RELATIVE DISQUALIFICATION
d. Opponent or the affected spouse failed to object - Take note that for privilege communication, it is only a
Consent is obviously different from failure to object. During relative disqualification, in the sense that, any of these
the marriage, if the other spouse objects, and does not persons who are supposed to be disqualified, can actually
give consent, then the spouse absolutely cannot testify. take the witness’ stand. However, they are not allowed to
answer a question that calls for a privilege communication. It
is a privilege communication if it is learned with confidence.
Absolute disqualification
During the existence of the marriage, it’s an absolute
PRIVILEGE COMMUNICATION DURING MARRIAGE
disqualification.
It is relative in the sense that, the spouse cannot be asked or
examined on matters learned in confidence. He can testify,
Ramirez v. Alvarez (exception) but he cannot be asked on matters learned in confidence.
Because of the so strange relationship between the husband
and the wife, the Supreme Court took and exception that Learned in confidence during the marriage
the husband cannot invoke marital disqualification. It is The Supreme Court in one case held that it is presumed that
understandable to rule in that manner, because the husband all communication learned during the marriage is
tried to kill the sister of his wife, knowing that the wife was confidential. The communication there is not limited to
inside the house. verbal.
Illustration (not learned in confidence)

DISQUALIFICATION
If the opponent would say, “Your Honor, it was not in learned
BY REASON OF PRIVILEGE COMMUNICATION in confidence, because the husband spoke of it during a
party in their house,” the husband who uttered it did not
have reasonable expectation that it should be confidential
The Supreme Court has added a lot, but the relations
or privilege.
involved are still the same:
a. Between husband and wife
b. Attorney-client relationship ATTORNEY-CLIENT RELATIONSHIP
c. Minister/Priest and the confessant This now includes person a person pretending to be a lawyer.
d. The doctor, including the psychotherapist now, and the He is also bound by this disqualification.
patient; as well as
e. The public officer It includes the advice of the lawyer. Aside from the clerk,
secretary, stenographer, it also includes persons assisting the
There are exceptions now, to attorney-client relationship. attorney (example: liaison officer). It includes the
communication of a lawyer and the client in a car.
Last Paragraph
The communication shall remain privileged, even in the Exceptions to Attorney-client relations
hands of a third person who may have obtained the a. Furtherance of crime or fraud.
information, provided that the original parties to the If the services or advice of the lawyer were sought or
communication took reasonable precaution to protect its obtained to enable or aid anyone to commit or plan to
confidentiality. commit what the client knew or reasonably should have
Meaning, the privilege communication remains to be known to be a crime or fraud;
considered as privilege even if it is acquired or learned by
third person, or a document pertaining to that privilege b. Claimants through same deceased client.
Hedd x Vinces
Page 9 of 39
As to a communication relevant to an issue between parties

who claim through the same deceased client, regardless of — TESTIMONIAL PRIVILEGE —
whether the claims are by testate or intestate or by inter vivos
transaction; PARENTAL AND FILIAL PRIVILEGE
This is not a disqualification. It’s just a mere privilege. Privilege
c. Breach of duty by lawyer or client. not to be compelled to testify against his or her parents,
As to a communication relevant to an issue of breach of duty other direct ascendants, children or other direct
by the lawyer to his or her client, or by the client to his or her descendants. After receiving the subpoena, he can actually
lawyer; go to court and testify, if he does not want to invoke the
privilege.
d. Document attested by the lawyer.
As to a communication relevant to an issue concerning an Who may invoke the privilege
attested document to which the lawyer is an attesting The person being compelled to testify. The lawyer may clarify
witness; or if the witness has been apprised that he has the privilege.
A person may be examined but limited only on matters
concerning the attested documents (as to what kind of
document is notarized, who executed, who assisted, and PARENTAL AND FILIAL PRIVILEGE, EXCEPTION
who appeared). But as to negotiation and agreement on When such testimony is indispensable in a crime against that
how they have come up with, the document who heard it person or by one parent against the other.
cannot be examined on that.
The testimony is indispensable if that testimony is a direct
e. Joint clients. evidence. He is an essential to the commission of the crime.
As to a communication relevant to a matter of common He is indispensable, meaning, there are no other people who
interest between two or more clients if the communication can testify as to such facts.
was made by any of them to a lawyer retained or consulted
in common, when offered in an action between any of the
clients, unless they have expressly agreed
PRIVILEGE RELATING TO TRADE SECRETS
A person cannot be compelled to testify about any trade
secret, unless the non-disclosure will conceal fraud or
PHYSICIAN AND PATIENT otherwise work injustice. When disclosure is directed, the
It added a psychotherapist or a person reasonably believed court shall take such protective measure as the interest of the
by the patient to be practicing medicine or psychotherapist. owner of the trade secret and of the parties and the
It also applies to those who assisted them during the furtherance of justice may require.
treatment and diagnosis.
It is but fitting that this will be added because we have this
Take note that the doctor and the psychotherapist will only RPC (Revelation of Trade Secret, Revelation of Industrial
be disqualified in civil cases. This will not apply in criminal Secrets, when he learns the secrets of his manager or a
cases (This was asked in the Bar exams) principal and he discloses it). If he does not invoke the
privilege, he can testify.
Psychotherapist
A license to practice medicine engaged in diagnosis and If he received the subpoena and he wants to invoke the
treatment of mental or emotional condition. privilege, he must still go to the court. Receipt of the
subpoena, which includes the duty to go to the court, is
different from invoking the privilege not to be compelled to
MINISTER AND CONFESSANT testify.
Also includes those who misrepresent themselves as ministers
and priests. They cannot be examined in any communication
or confession made by the confessant or the affected
person. Provided that the communication or advice was
made during the course of the discipline, of which the priest
or minister belongs.
PUBLIC OFFICERS
Public officer during or after his tenure of his public office.
Public officers, who while in the performance of their duties
came across confidential information concerning public
interest, during or after they have severed they relation to
that office, they are still covered by the disqualification,
when the court finds that public interest would suffer by the
disclosure.
Hedd x Vinces
Page 10 of 39
— ADMISSIONS AND CONFESSIONS — The stipulations during the negotiation of (JDR, arbitration
and mediation), are strictly confidential. Either one of the
parties cannot be examined on those matters. Neither can
ADMISSION CONFESSION
one of the parties, use those statements, against the other.
An act declaration or Confession is an Exception

omission of a party as to a acknowledgment of guilt.
Except evidence otherwise discoverable or offered for
relevant fact, may be
given as evidence against It only applies to a criminal another purpose, such as proving bias or prejudice of a
him. case. It cannot apply in civil witness, negativing a contention of undue delay, or proving
cases, because in civil an effort to obstruct a criminal investigation or prosecution.
cases, there’s only
admissions of civil liability. Example
It would be (in JDR), it is not included in the ambit of
confidentiality, the existence of a promissory note or any
Admission
matter that have already been alleged in the complaint or
We are responsible for what we say, and what we do, and
alleged in the answer. Obviously, they are part of the
what we omit to do, because that is our own act. We must
records.
be responsible. In fact, under Rule 131, a person is liable for
the consequences of his voluntary act. Whatever we say, do,
or omit to do, may be used as evidence against us. Provided In criminal cases
that it is relevant to the fact in issue. In criminal cases, the general rule is that, offer of compromise
is an implied admission of guilt. When the accused chose to
settle the criminal aspect, that is deemed an admission of
KINDS OF ADMISSION guilt.
JUDICIAL It is that which is defined under Section 4 of Exceptions

Rule 129. A judicial admission is an a. If that offer was made in a criminal case involving quasi-
admission, verbal or written, made by a offenses (violation of Article 365 of the Revised Penal
party to a case, in the course of a
Code), that would not be an implied admission of guilt.
proceeding.
They are culpable felonies, so the law allows the accused
to compromise.
It does not require proof. It is an evidence
on itself. b. When the law allows a commission of a crime as subject
of compromise (example: under the NIRC, the CIR is
EXTRADICIAL A extrajudicial admission is an admission, allowed to compromise; Under the Tariff and Customs
verbal or written, made by a party to a Code, the Commissioner of Customs is also allowed to
case, not in the course of a proceeding. compromise)
c. Plea of guilty later withdrawn, because it is mistakenly
It requires presentation of such extrajudicial
made or an offered to plead guilty to a lesser offense
admissions.
which was not accepted by the private complainant.
In all cases, the offer to pay the hospital expenses for

Illustration (extrajudicial admission)
treatment of cases which arose from injury, would not be
When a complaint which is superseded by the amended admissible as evidence against the offeror in a criminal or
complaint, the original complaint will no longer be civil case.
considered by the court. However, the adverse party may
present admissions in the original complaint which is
considered as extrajudicial admission.
KINDS OF CONFESSION
It may also be admission made before the filing of the case.

It could be admissions made during the pendency of the JUDICIAL a. It can be done during the
case, but not in the course of the proceeding of that CONFESSION arraignment. It binds the accused.
particular case.
b. There can also be judicial confession if
he later on withdraws his plea of not
guilty, and then pleads guilty
OFFER OF COMPROMISE IN A CIVIL CASE
c. When later on decides to avail plea
The offer of compromise in a civil case, is not deemed to be
bargaining
an admission of liability.
Amendment: Neither is evidence of conduct nor statements

made in compromise negotiations admissible.
Hedd x Vinces
Page 11 of 39
Illustration (admission by a co-conspirator)

KINDS OF CONFESSION
A, B, and C was charged of murder. It was alleged in the
information that they acted in conspiracy, mutually helping
EXTRAJUDICIAL This is where our Constitution and our
one another in killing the victim. The prosecution moved to
CONFESSION existing law come in. This may be done in
discharge B as a state witness. The court grant it after the
custodial investigation, under Section 12,
prosecution presented on the requisites of discharging him as
Article 3 (1987 Constitution). The
extrajudicial confession is not admissible, an accused and presenting him as a witness for the state. A
if he is not apprised of he is constitutional and C cannot object the presentation of B as a witness.
rights (Miranda rights)
INDEPENDENT RELEVANT STATEMENT
Evidence as to the making of the statement is not secondary
EXTRAJUDICIAL ADMISSION OF GUILT IN ADMINISTRATIVE
but primary, for the statement itself may constitute a fact in
PROCEEDINGS
issue or is circumstantially relevant as to the existence of such
This can be considered as extrajudicial confession, but it will
a fact.
not be inadmissible in court, if they did that in custodial
investigation. If he is not admitted in custody, his rights
PREVIOUS CONDUCT (PROPENSITY OR TENDENCY RULE)
(miranda rights), will not apply. So if he admits the action, in
an administrative investigation, in a private investigation (Second branch of res inter alios acta)
where he is not under custody, it will be admissible against Evidence that one did or did not do a certain thing at one
the declarant. time is not admissible to prove that he did or did not do the
same or similar thing at another time.
Custodial investigation In other words, his previous conduct would not be admissible,
because it is unfair. The issue is not his previous conduct, but
That is when police officers and agents of the Government
his present conduct.
put him in custody for questioning, even an invitation.
Exception
— RES INTER ALIOS ACTA RULE — Previous conduct may be received to prove a specific intent
or knowledge; identity, plan, system, scheme, habit, custom
It literally means “by the things done.” or usage, and the like.
ADMISSION BY A THIRD PARTY — TESTIMONIAL KNOWLEDGE —

(First branch of the res inter alios acta rule)
Admission by a party is admissible as evidence against him.
Admission by a third party is not admissible against the party. It now defined under the Rule, Hearsay is a statement other
The rights of a party cannot be prejudiced by the act or than one made by the declarant while testifying at a trial or
declaration or omission of another. hearing, offered to prove the truth of the facts asserted
therein.
Except in these instances:
a. Admission by an agent - the agent acts on behalf of the It is a statement made by one other than the declarant. The
principal. So whatever the agent does, binds the declarant is the person who has personal knowledge of the
principal. act, statement, or omission.
b. Admission by a co-partner - there is a common interest
between partners. Same is true with joint debtors. A statement is not hearsay if the declarant testifies at the trial
c. Admission by a co-conspirator - it must be proven by or hearing and is subject to cross- examination concerning
evidence other than the admission the statement, and the statement is:
d. Admission by privies - because they are holding the same a. inconsistent with the declarant's testimony, and was given
interest under oath subject to the penalty of perjury at a trial
e. Admission by silence - when such declaration will naturally hearing, or other proceeding, or in a deposition;
calls for someone to react or comment if it is not true, and b. consistent with the declarant's testimony and is offered to
he did not react, it is considered as admission by silence. rebut an express or implied charge against the declarant
Provided he heard it and was made in his presence, and of recent fabrication or improper influence or motive; or
that it is proper for him to say something. c. one of identification of a person made after perceiving
him or her.
Before an admission of a partner or agent be admissible
against the partner:
a. There must be evidence that the partnership or agency HEARSAY RULE
exists. It can be proved by a contract (verbal or written); It is a rule which allows the witness to testify on things or
b. That he makes statements concerning matter within the matters which he has personal knowledge or fact derived
ambit of partnership or agency, within or during the from his own perception.
existence of the partnership or agency.
APPLICATION
Hedd x Vinces
Page 12 of 39
Hearsay rule applies to testimonial evidence.

Problem 1
In a case of grave oral defamation, X when they were
REASON FOR THIS RULE
arguing blurted “magnanakaw ka, kabit ka,” in the presence
We are after for the truth. If those what he said in court is not
of all customers, it was against Y. Witness was C, to testify on
what his senses have perceived, then those might not be
what he heard that day, the opposing counsel objected on
true, and if those are not true the court might be misled in
the ground that it is hearsay.
resolving the fact in issue. The rules require the truth of what
the witness said, of what he had observed and if he is
actually the one who perceived it then he can tell the court Rule on the objection.
of what he have perceived. The objection should be overruled. The witness will testify on
what he heard because he has personal knowledge. The
fact to be testified are the words uttered. C will testify on
Other reason
what he have perceived, because a credible witness must
So that the witness can answer during examination. This is to
be able to perceive, perceiving, and relay what he have
avoid fabricated, concocted, or contrived testimonies. This is
perceived. Independently relevant statement, means
to avoid the witness from making up stories.
statement independent of falsity or veracity of the
utterances that were made, the fact that it was made or
PURPOSE OF PERSONAL KNOWLEDGE uttered is relevant to the fact in issue. In the case the fact in
a. Proof that a fact exist or it did not exist; issue are the defamatory remarks. This will only apply if the
b. We are after for the truth then it will prevent fabricated, utterances heard were the facts in issue, and if the question is
concocted or contrived facts; and if a person really did utter it, and the witness does not testify
c. If the person presented does not have personal on the truth or falsity of the statement.
knowledge of the other party will be deprived of cross
examining the real witness.
EXCEPTIONS TO THE HEARSAY RULE
Excludes: Hearsay evidence. a. Dying declaration
b. Declaration against interest
HEARSAY EVIDENCE (VERBAL AND WRITTEN) c. Act or declaration about pedigree
Testimonial evidence not based on personal knowledge. It is d. Family reputation or tradition regarding pedigree
not limited to verbal or written or oral testimony, but also e. Common Reputation
applies to written hearsay. f. Part of Res Gestae
g. Entries in the course of business
h. Entries in official records
Examples (Written Hearsay)
i. Commercial lists and the like
Judicial affidavit that the affiant was not presented. Affiant
j. Learned treatises
must be presented so that the affiant may affirm and confirm
k. Testimony or deposition at a former proceeding
the affidavit and also to contents thereof. The questions in
l. Statement of the decedent or of an unsound mind (Dead
affidavit are the questions in direct. When the plaintiff or
man statue)
defendant presents an affidavit without confirming it, it’s
hearsay and failure to object will allow such affidavit to be m. Residual exceptions
admitted, but it will not be considered or given weight
because it is hearsay. If it is hearsay it is not believable. As a DYING DECLARATION, HIGHEST CONSIDERATION
rule hearsay is excluded but if it is not objected it will be Of the 11 exceptions, dying declaration is given the highest
admitted but it will not be given weight or considered. consideration. It is because a person at the point of death
will not tell a lie.
Another example of written hearsay is when there is no
witness presented to affirm or confirm the receipt presented All exceptions are strictly hearsay
in court. All of them are strictly hearsay, because the person who
made the declaration or observed the event that
happened, the actual witness are not there. Had the actual
VERBAL HEARSAY person or witness is there then they should be presented.
Verbal hearsay is a testimony based on what the witness
have been heard by the witness. Strictly hearsay but admissible
They are strictly hearsay but are admissible, because they are
What about what the witness testified on what he heard provided by the rules expressly. Because of necessity and
outside of the house can it be admitted or is it not hearsay? trustworthiness. This will only be relied to if there is no actual
No. It is not hearsay since he was there at the time of the witness of the event or transaction. This is not the first remedy.
incident.
Hedd x Vinces
Page 13 of 39
Problem 2 what the boss uttered?

The Doctor when he was about to go out was shot from the Yes, the testimony of the bodyguard will be based on res
outside through his glass window, he was under his table and gestae.
saw who shot him, and with his blood he wrote “I was shot
by Pe_____” then he expired.
Problem 4
Can you consider that a dying declaration?
X was shot, was thrown to the ground and then the police
No. It is not complete and susceptible to different
officers that were there immediately approached X and then
interpretations.
asked him who shot him. The victim on the ground pointed to
the person in the blue shirt and then died.
REQUISITES FOR DYING DECLARATION

Can that be a dying declaration for the case of murder?
a. The declaration is made by a dying person under
a consciousness of an impending death; Yes it is a dying declaration because it is not limited to
testimonies, it may also be acts so long as it relates to the
b. The declaration refers to the cause and
fact of death of the declarant.
surrounding circumstances of such death;
c. The statement is complete in itself;
Must the declarant die?
d. The declarant died; and
YES. Because if he survived you can still present the victim in
e. The declaration is offered in a case wherein the
court.
declarant’s death is the subject of the inquiry.
What if he is in the hospital not dead?

WHEN A DECLARATION CONSIDERED COMPLETE
Yes. By making a deposition.
Under the jurisprudence the declarant must be able to give
full expression of what he has to say or express. In the given
problem it cannot be considered as dying declaration since
MULTIPLE ADMISSIBILITY
it was not fully expressed.
A testimony will be admissible for several purposes. It is not
mutually exclusive.
Problem 3
They heard 3 gunshots and saw his boss go out from the
Illustration
resort holding his bleeding abdomen. Bodyguard asked what
If the declaration was offered as a dying declaration, but it
happened and the boss said he was shot by compadre, and
was not admitted, the proponent may offer it as part of res
then asked him to brought to the hospital. The boss entrusted
gestae. He can also offer it as a declaration against interest,
his wife and children to the bodyguard. The bodyguard
if the requisites are present.
rushed the boss to the hospital but was Dead on Arrival. In a
case for murder against the compadre, the bodyguard was
asked to testify because no one else saw the incident. The
What are the other terms for dying declaration?
prosecution called the bodyguard. The bodyguard told what
Ante-mortem statements; articulo mortis statements;
his boss said to him, the defense objected because it was
declaration in extremis.
hearsay.
DYING DECLARATION IS ADMISSIBLE IN TESTATE PROCEEDINGS

Will the objection will be sustained or overruled?
Dying declaration is admissible in testate proceedings, For as
Overruled, because although the boss asked to be brought
long as the subject of inquiry is a fact in issue, which is his
to the hospital, and he still has not abandoned the hope of
death.
living. If there are utterances from the declarant although
died thereafter but signed that he still has hope to live it will
not be considered as dying declaration, because the 2nd
DEAD MAN STATUTE OR SURVIVORSHIP RULE
requisite will be wanting.
This was previously a disqualification. It is now an exception to
the hearsay rule.
Change of facts: The boss told the bodyguard that to latter
he entrusts his family and that he has a will kept in a vault in
There is an action against the executor, administrator or a
their house. On their way to the hospital the boss died.
representative of the decedent or of a person who became
of an unsound mind, who is a party to a case. These actions
Will the testimony of the bodyguard be admissible as dying
relate to the estate of the decedent or of the person of
declaration?
unsound mind. Any statement made by them may be
No, the testimony of the bodyguard will not be admitted received in evidence, if:
because it was not about the surrounding circumstances of
a. The statement was made upon the personal knowledge
his death.
of the deceased or person of an unsound mind
b. At the time, they personally perceived it as true and clear
What if the victim survived, can the bodyguard still testify on
Hedd x Vinces
Page 14 of 39
That statement may be received in person if it was not the relationship between the two persons is shown by
testified personally by them. Any person who heard such evidence other than such act or declaration. The word
declaration, may now be asked to testify In court. "pedigree" includes relationship, family genealogy, birth,
marriage, death, the dates when and the places where
Such statement, however, is inadmissible if made under these facts occurred, and the names of the relatives. It
circumstances indicating its lack of trustworthiness. embraces also facts of family history intimately connected
with pedigree.
It now includes adoption as pedigree. If you are a
DECLARATION AGAINST INTEREST WHY ADMISSIBLE proponent, you will resort to this in the absence of direct
The declaration made by a person deceased, or unable to evidence.
testify, against the interests of the declarant, if the fact
asserted in the declaration was at the time it was made so Pedigree includes relationship, genealogy, family
far contrary to the declarant's own interest, that a relationship, birth, marriage, death, and the date and places
reasonable man in his position would not have made the of these circumstances.
declaration unless he believed it to be true, may be received
in evidence against himself or his successors in interest and
against third persons.
FAMILY REPUTATION
The reputation or tradition existing in a family previous to the
May it also apply to acts? Yes.
controversy, in respect to the pedigree of any one of its
members, may be received in evidence if the witness
How about written declarations? Yes.
testifying thereon be also a member of the family, either by
consanguinity, affinity, or adoption. Entries in family bibles or
To whom must be against (declaration against interest)? other family books or charts, engraving on rings, family
Against the declarant himself, his estate, or successors in portraits and the like, may be received as evidence of
interest, or any other person. pedigree.
When can it be considered as against the declarant’s A member of that family. There must be an evidence first to
interest, what is the test? show that he’s a member of that family.
If it is against the interest of the declarant, when the
declarant made it in the belief that it was true. It is admissible
because of necessity and trustworthiness.
COMMON REPUTATION
Common reputation existing previous to the controversy, as
REQUISITES OF DECLARATION AGAINST INTEREST:
to boundaries of or customs affecting lands in the community
a. The declarant is dead or unable to testify;
and reputation as to events of general history important to
b. That it relates to a fact against the interest of the the community, or respecting marriage or moral character,
declarant; may be given in evidence. Monuments and inscriptions in
c. That at the time he made said declaration the declarant public places may be received as evidence of common
was aware that it was contrary to his aforesaid interest; reputation.
and
d. That the declarant had no motive to falsify and he It is a reputation that is usually long ago. It can be testified by
believed such declaration to be true. a member of the community or constituent of the community
who has known that common reputation.
GROUNDS TO OPPOSE THE ADMISSIBILITY OF DECLARATION
AGAINST INTEREST It should exist prior to the controversy.
a. The declarant actually did not believe them to be true.
It’s up for the opponent now to point that in court
Test to consider: Test of notoriety
b. A statement tending to expose the declarant to criminal
liability and offered to exculpate the accused is not
admissible unless corroborating circumstances clearly PART OF RES GESTAE
indicate the trustworthiness of the statement. Statements made by a person while a startling occurrence is
taking place or immediately prior or subsequent thereto,
under the stress of excitement caused by the occurrence
ACT OR DECLARATION ABOUT PEDIGREE
with respect to the circumstances thereof, may be given in
The act or declaration of a person deceased or unable to evidence as part of the res gestae. So, also, statements
testify, in respect to the pedigree of another person related accompanying an equivocal act material to the issue, and
to him or her by birth, adoption, or marriage or, in the giving it a legal significance, may be received as part of the
absence thereof, with whose family he or she was so res gestae.
intimately associated as to be likely to have accurate
information concerning his or her pedigree, may be received
RES GESTAE
in evidence where it occurred before the controversy, and
Res Gestae is the startling occurrence. In case of a person
Hedd x Vinces
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survived and the dying declaration is no longer available, a

declaration as part of res gestae will be admissible. other qualified witnesses, is excepted from the rule on
hearsay evidence.
The previous title of the section is “Entries in the course of
Example (Relate to Problem 3) business.” It is specified now what could be this in particular. It
In the case where the bodyguard testified on the utterances can be testified by the person who has custody of the
of the boss, the utterance of the boss will be considered as documents, or other qualified persons or witnesses.
testimony part of res gestae, it is a startling occurrence, the
statement of the bodyguard will also be considered as a
declaration as part of res gestae.
ENTRIES IN OFFICIAL RECORDS
Entries in official records made in the performance of his duty
REQUISITES OF DECLARATION PART OF RES GESTAE: by a public officer of the Philippines, or by a person in the
a. The principal act, the res gestae, is a startling performance of a duty specially enjoined by law, are prima
occurrence; facie evidence of the facts therein stated.
b. The statements were made before the declarant had
time to contrive or devise; and What will be presented instead is the certification or a
c. The statement concerned the occurrence in question certified true copy. The contents of the certification or
and its immediately attending circumstances. certified true copy are prima facie evidence, of the facts
stated therein. In fact, the SC issued an Administrative Order
TWO KINDS OF DECLARATIONS PART OF RES GESTAE: to not to require the presence of the police officers in the
FEO.
a. Equivocal acts/verbal act; and
b. Spontaneous statements
COMMERCIAL LISTS AND THE LIKE
Evidence of statements of matters of interest to persons
Why declaration part of res gestae admissible
engaged in an occupation contained in a list, register,
Declaration part of res gestae is admissible even if they only
periodical, or other published compilation is admissible as
relay what the declarant has uttered is because of the
tending to prove the truth of any relevant matter so stated if
necessity and truthfulness. The declarant is merely parroting
that compilation is published for use by persons engaged in
what has happened provided it was made right after the
that occupation and is generally used and relied upon by
startling occurrence.
them therein.
SPONTANEOUS ACT
It must be natural, spontaneous, it must be uttered or Illustration
declared immediately prior to, while the startling occurrence There is a journal or a data is based upon by appraisers. That
is taking place, and immediately after. No time to reflect published journal, can be presented instead of asking those
who made and encoded those. They are reliable and
VERBAL ACT trustworthy.
These are acts accompanying an equivocal act. That act is
subject to different interpretations, but there is a declaration
accompanying that equivocal act. That statement is LEARNED TREATIES
deemed to be a part of res gestae. It’s on part of the A published treatise, periodical or pamphlet on a subject of
opponent to point it out. history, law, science, or art is admissible as tending to prove
the truth of a matter stated therein if the court takes judicial
Requisites of verbal act: notice, or a witness expert in the subject testifies, that the
writer of the statement in the treatise, periodical or pamphlet
a. The principal act be characterized must be equivocal;
is recognized in his profession or calling as expert in the
b. The equivocal act must be material to the issue;
subject.
c. The statement must accompany the equivocal act; and
d. The statements give a legal significance to the equivocal
act. TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING
The testimony or deposition of a witness deceased or out of
the Philippines or who cannot, with due diligence, be found
RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY
therein, or is unavailable or otherwise unable to testify, given
A memorandum, report, record or data compilation of acts, in a former case or proceeding, judicial or administrative,
events, conditions, opinions, or diagnoses, made by writing, involving the same parties and subject matter, may be given
typing, electronic, optical or other similar means at or near in evidence against the adverse party who had the
the time of or from transmission or supply of information by a opportunity to cross-examine him or her.
person with knowledge thereof, and kept in the regular
course or conduct of a business activity, and such was the
The deposition that was allowed by the court via petition can
regular practice to make the memorandum, report, record,
be presented. If the deponent can still go to court, he must
or data compilation by electronic, optical or similar means,
be subpoenaed to go to court. If he is unable to testify
all of which are shown by the testimony of the custodian or
because he is already deceased, or out of the country, and
Hedd x Vinces
Page 16 of 39
he can no longer appear in the court, with due diligence, has sufficient or adequate knowledge
then his deposition or testimony at a previous testimony may - Handwriting of a person with whom he has sufficient
be presented instead. Provided that the party against whom familiarity
it is to be presented has cross-examined it before. - Mental sanity of a person with whom he or she is sufficiently
acquainted. Mental insanity cannot be testified by an
ordinary witness, but by expert witness only.
- He may testify as to his impression of a person, object,
RESIDUAL EXCEPTION
emotion, behavior, condition or appearance, because
A statement not specifically covered by any of the foregoing
that would be based on personal knowledge.
exceptions, having equivalent circumstantial guarantees of
trustworthiness, is admissible if the court determines that
a. the statement is offered as evidence of a material fact;
b. the statement is more probative on the point for which it is
— CHARACTER EVIDENCE —
offered than any other evidence which the proponent
can procure through reasonable efforts; and
c. the general purposes of these rules and the interests of Character evidence is inadmissible, because it is not the fact
justice will be best served by admission of the statement in issue, unless the moral trait that is in issue.
into evidence.
EXCEPTIONS
However, a statement may not be admitted under this Criminal cases
exception unless the proponent makes known to the adverse a. The character of the offended party may be proved if it
party, sufficiently in advance of the hearing, or by the pre- tends to established in any reasonable degree, the
trial stage in the case of a trial of the main case, to provide probability or the improbability of the offense charged.
the adverse party with a fair opportunity to prepare to meet Correlate this with the rape shield rule and the child
it, the proponent's intention to offer the statement and the abuse shield rule.
particulars of it, including the name and address of the
declarant. Here, what can be admitted is the character. In the rape
shield rule, it’s a previous conduct which is inadmissible.
It is actually, analogous to Article 13, RPC (mitigating Conduct is different from the character or the trait.
circumstances), last par., “Any other circumstances which Sometimes, there is a hairline distinction. For as long as it is a
are similar or analogous to those enumerated above would previous conduct tending to prove his propensity, that would
also be considered as mitigating. be inadmissible under the rape shield rule and the child
abuse rule.
— OPINION RULE — b. The accused may prove his or her good moral character,
pertinent to the moral trait involved in the offense
charged. However, the prosecution may not prove his or
Opinion, as a general rule is inadmissible, because it is not
her bad moral character unless on rebuttal.
based on personal knowledge. Ut was derived from his
perception. It is just a mere opinion. It is just a conclusion
Civil cases
Evidence of character of a person, whether bad or good, is
EXCEPTIONS only admissible if it is pertinent to the fact in issue
a. Opinion of an expert witness
If the opinion is shown to possess the special knowledge , skill, Criminal and Civil Cases
training, experience, or education. Meaning, you lay the Evidence of the good character of a witness is not admissible
basis of his qualification as an expert witness. until such character has been impeached. This particular
provision was transposed from Section 14, Rule 132.
Examples
- A psychologist in an action for declaration of nullity of In all cases in which evidence of character or a trait of
marriage, on the ground of psychological incapacity. It’s character of a person is admissible, proof may be made by
about expert opinion that the husband or wife is testimony as to reputation or by testimony in the form of an
psychologically incapacitated. opinion. On cross-examination, inquiry is allowable into
- Opinion of a medico legal as to the extent of the wound; relevant specific instances of conduct.
as to what weapon may have been used, in the absence
of direct evidence
In cases in which character or a trait of character of a person
- The handwriting expert as to forgery of a signature, but a
is an essential element of a charge, claim or defense, proof
signature can actually be testified by an ordinary witness may also be made of specific instances of that person's
who has familiarity with the questioned handwriting conduct.
b. Opinion of an ordinary witness

- He can testify on the identity of the witness with whom he
Hedd x Vinces
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MIDTERM EXAM (kind of verbatim, except problem I) the proper objection.

Note: You cannot raise parol evidence rule against
I. Jack is driving a car; had a traffic violation (beating the red testimonial evidence, because in this case, it is testimonial
light). Arresting officer saw firearms. The prosecution offered evidence on execution.
SPO1 Jill Tan for the following purposes: 1st offer – to identify
and affirm his sworn written statement of Jack’s arrest for B. Objection on the ground of best evidence rule
beating the red light and the consequence seizure of the Overruled. The purpose of the offer is to testify on the
firearms; 2nd offer – to confirm and affirm the Firearms execution. It is not on the contents of the documents. Best
Explosive Office certification that Jack has no license to carry evidence rule can only be invoked when the evidence
the subject firearms; 3rd offer – to prove the testimony of Jack presented is only secondary and the subject of inquiry is the
to identify the accused as the person arrested and charged; contents.
4th offer – to testify to the owner of the car driven by Jack; 5th
offer – to testify to the law, RA 9591.
In the same case, Otis offered: 1st- his wife’s testimony to
deny the stipulations in the agreement he allegedly
A. 1st offer – defense objected on the ground of hearsay executed with Maeve; 2nd offer – [wife] to disprove Otis
Overruled. SPO1 Tan has personal knowledge insofar as the received funds from Maeve; 3rd– Maeve made an admission
fact of arrest as well as the consequence seizure of the that the funds were given as payment of her loan; 4th - wife
firearms. He was the arresting officer himself. heard from Maeve’s best friend that the funds were intended
as payment for a loan.
B. 2nd offer – the defense objected on the ground of hearsay
Sustained. SPO1 Tan has no personal knowledge as to the C. Prosecution objected invoking parol evidence rule
entries, so he cannot confirm and affirm the certification. It is Sustained. The wife’s testimony would vary the terms of the
because it is the person who is in custody of such certification agreement. It is evidence aliunde.
from Firearms and Explosives Office, is the one who should
present such certification. SPO1 Tan only knows the facts as D. Prosecution invoked disqualification by reason of marriage
to the time that Jack beat the red light; he arrested and
Overruled. Prosecution cannot invoke disqualification by
confiscated the subject firearms. Why did he confiscate?
reason of marriage. Only the affected spouse can invoke
That was an incident to a warrantless lawful arrest.
disqualification by reason marriage.
PLEASE NOTE THAT, ACCORDING TO JUDGE, CERTIFICATION

E. Prosecution invoke the first branch of res inter alios acta
WILL SUFFICE TO ATTEST IF THE ACCUSED HAS LICENSE.
Overruled. The wife can testify on the admission made by
However, the issue in this case is whether SPO1 Tan can affirm
Maeve herself. Sec 26, the act, declaration or omission of a
and confirm the confirmation.
person may be used as evidence against such person.
C. 3rd offer – forgot the ground of the objection

F. Objection: hearsay
He does not admit that he committed the crime. He just
Sustained. The wife has no personal knowledge. She just
admits that he is the one charged with the felony.
heard it from the best friend.
D. 4th offer – objection on the ground that it is irrelevant

III. In action in reivindicatoria filed by Pop against Pip to
Sustained. The fact as to the ownership of the car is
recover ownership, Pop offered his father’s testimony that
irrelevant. It is not relevant to the fact in issue; to the fact as
Pip’s father from whom Pip acquired the property made an
to whether Jack has a license to carry firearms.
admission that he does not own the property.
E. 5th offer – objection on the ground that it is unnecessary

A. Pip objected invoking res inter alios acta
Sustained. The law is subject to mandatory judicial notice.
Overruled. One of the exceptions in the res inter alios acta
You need not to present evidence on that.
rule is the confession made by a privy. Pip’s father is a privy.
II. In a case for estafa through misappropriation of funds

B. Objection on the ground that the testimony of Pop’s father
against Otis. The prosecution offered private complainant
is hearsay.
Maeve to testify on the execution of the agreement where
Overruled. The testimony of Pop’s father is based on his
Otis has the duty to administer the funds. Defense objected
personal knowledge that he heard an admission made by a
invoking the parol evidence rule and the best evidence rule.
privy.
Rule on the first ground.
C. Objection based on filial privilege

A. Objection on the ground of parol evidence rule
Overruled. Pip cannot invoke filial privilege, because the
Overruled. Parol evidence rule can only be invoked if it is
father himself testified. Remember, filial is a privilege not to be
evidence aliunde. If it is evidence that would tend to vary –
compelled.
to change, to modify the terms of the agreement; but the
purpose of the testimony is for Maeve to testify as to the
execution of the agreement. So, the parol evidence is not IV. In a criminal case against Pio, filed with the RTC Pasay.
Hedd x Vinces
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DEFINITION
The prosecution offered the testimony of Pia, the best friend of
Burden of proof is the duty of a party to present evidence on
private complainant, to testify that Pio also recruited her but
the facts in issue necessary to establish his or her claim or
her deployment was intercepted at NAIA T3 due to lack of
defense by the amount of evidence required by law. Burden
proper working permits. Defense wants to object but is
of proof never shifts.
confused of the specific ground of the objection.
A. What should be the specific ground for his objection? CONCEPT

Objection invoking the second branch of res inter alios acta, Burden of evidence is the duty of a party to present
the propensity rule. Testimony of previous conduct or evidence sufficient to establish or rebut a fact in issue to
testimony of prior acts is inadmissible. establish a prima facie case. Burden of evidence may shift
from one party to the other in the course of the proceedings,
B. Defense objected, as it is not proper for judicial notice depending on the exigencies of the case.
Overruled. It is subject to discretionary judicial notice of the
court. The prosecution offered the NBI agent’s testimony on
It is a duty or obligation of a party to present evidence on the
Pio’s admission on his alleged illegal recruitment activities.
existence of the fact in issue to establish his claim or defense
by the amount of evidence required by law.
C. Defense objected that testimony is inadmissible
Qualify. Sustained if Pio made the extrajudicial admission
It is a duty in the first place? In a criminal case, who has the
without the assistance of counsel of his own choice.
burden? So the prosecutor has the duty to discharge the
burden. You do not want burden, is it not? You want to be
V. While watching a TV show in their living room, Erika heard free from that burden. It’s the same in cases, the party who
a gunshot and saw her husband Eric fell on the ground. Erika has the duty must be able to discharge that burden in order
rushed to Eric who told her that the driver shot him; she should to present evidence, the rule does not only provide, under
take care of their child; and she should bring him to the Section 1 of Rule 131 that it is a duty. There are two important
hospital. Eric went into a coma, but survived. In a frustrated aspects there. What are those? Aside from it being a duty to
murder case against the driver, the prosecution offered: 1st– present evidence. What is the other essential consideration
Erika to relay Eric’s declarations; 2nd– police investigator to that can be found under Section 1 of Rule 131?
testify the facts and circumstances surrounding the
commission of the crime.
It is not only a duty to present evidence but the evidence
presented must be by that degree required by law. The
A. Is Erika’s admission admissible? evidence presented must be what law requires.
if used as a dying declaration, no. If declaration is used as
part of res gestae, yes.
In a civil case for specific performance, who has the burden
B. Is the police’s testimony admissible? of proof? Defendant does not comply with his obligation to
No. The police has no personal knowledge as to the facts finish the landscaping services stipulated, notwithstanding
and circumstances surrounding the commission of the crime. payment of the consideration of his services as agreed in the
Usually, police officers only have personal knowledge as to contract of service. In that case of specific performance, who
the scene of the crime after commission of the crime. has the burden of proof? In what pleading, in what assertion,
the plaintiff has the burden?
C. Differentiate irrelevant evidence and immaterial evidence. Insofar as to his complaint, the plaintiff has the burden.
Meaning that the plaintiff has the duty, the obligation to
Irrelevant evidence has no logical relation as to the fact in
present evidence on the material facts he alleged in the
issue. Immaterial evidence is not necessary to prove/disprove
complaint that constitutes his cause for specific
a fact in issue, as evidence may already have been
performance.
admitted (Jo Enriquez, full points)
is it only the plaintiff who has the duty to present evidence on

the material facts that constitute his cause in specific
RULE 131 - BURDEN OF PROOF, performance in a civil case? In what sense will the defendant
BURDEN OF EVIDENCE, has the duty?
if he has raised affirmative defense/s, the defendant has the
AND PRESUMPTIONS duty to present evidence on the material facts constituting
his defense.
This rule has two parts:

In criminal offense, who has the burden of proof? Is it only the
a. Burden of proof
prosecution who has the burden of proof in a criminal case?
b. Presumptions (Rebuttable and Conclusive)
Do you agree that generally, the prosecution has the burden
of proof, but the defendant may have to present evidence?
BURDEN OF PROOF It is only the prosecution who has the burden of proof. It is
because the accused enjoys the constitutional presumption
Hedd x Vinces
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presumption is, under Section 3, Rule 131, presumption of party seeks to establish a fact, a right, or a status. By that
innocence. Accused need not to present evidence. It is the alone, there is also a party who has the duty to present
prosecution’s duty to overcome such presumption, because evidence on his claim. He wants to establish a fact; he wants
once the case is filed, the accused enjoys the presumption of to establish a right; he wants to establish a status. So the
innocence. burden also lies to that person. In a settlement of estate,
which can be initiated by either a petition for probate if it’s
What is the amount of proof that the prosecution must present testate or a petition for the appointment of administrator if
in order to overcome the presumption of innocence? it’s intestate, the petitioner there, in each of those, has the
Proof beyond reasonable doubt. burden of proof in presenting evidence, but the degree of
proof is different. What happens if they failed to perform their
duty? Then they failed to discharge their burden. So what will
So what happens in a situation where accused invokes
be the consequence? The case will be dismissed.
mitigating/exempting/justifying circumstances? Is there an
effect on that insofar as to burden of proof on the part of the
prosecution? EFFECT OF FAILURE TO PROSECUTE
Prosecution. A final order equivalent to adjudication on the merits.
So the burden of proof still lies and remains on the By the amount of evidence required by law, what are the
prosecution, but who will present evidence if that happens? different degrees required by law? How many are they?
The defense. There are four: proof beyond reasonable doubt; clear and
convincing evidence; preponderance of evidence;
substantial evidence.
Does that mean that the burden of proof is shifted to the
accused? No.
SUBSTANTIAL EVIDENCE
(will also be discussed on Rule 133. Extensively.)
What is shifted to the accused?
The burden of evidence.
If you arrange them in the hierarchy from the highest degree
of proof to the lowest degree of proof, how will you arrange
How do you distinguish burden of proof from burden of
them?
evidence? As to the act?
Highest to lowest - proof beyond reasonable doubt; clear
Burden of proof refers to the duty to present evidence
and convincing evidence; preponderance of evidence;
necessary to establish his claim and defense by the amount
substantial evidence.
of evidence required by law. Whereas, burden of evidence is
simply the act of merely presenting.
In which cases proof beyond reasonable doubt is required?
Criminal cases.
Does that mean therefore that when the party has the burden
of proof, does he also have the burden of evidence?
Yes. Since the burden of proof is considered as the duty or In which cases or instances is clear and convincing evidence
obligation to present evidence on the party’s claim or on the required?
prosecution’s duty to prove the accused’s guilt beyond To overcome prima facie evidence; to overcome disputable
reasonable doubt. In doing so, of course the party has the presumptions; to establish an affirmative defense, justifying or
burden of presenting evidence. So, in earlier case that we exempting circumstance that is presented in a criminal case.
discussed, in the civil case for specific performance, when I
said that the plaintiff has the burden of proof in presenting PRIMA FACIE EVIDENCE
evidence on the material allegations in his complaint, in Prima facie evidence is that evidence which alone, standing
doing so, he also has the burden of presenting evidence. alone, is sufficient to prove a claim; to prove the existence or
These go together. But in a criminal case it’s different, non-existence of a fact.
because of the constitutional presumption of innocence in
favor of the accused, the burden of proof always, and never In which cases preponderance of evidence is required?
leaves the prosecution, because as we said even at the
Civil cases.
commencement of the filing of the complaint, the accused
is presumed innocent.
PREPONDERANCE OF EVIDENCE
Preponderance of evidence is that evidence which has
What do you think is the immediate consequence if the
greater weight than the other.
plaintiff fails to produce evidence on his claim?
The case will be dismissed and the court will say that he is not
In which cases substantial evidence is required?
entitled to the relief sought.
(will also be discussed on Rule 133. Extensively.)
What about in special proceeding? In summary hearing? Will

this burden of proof also apply? In a settlement proceeding, What is the latin term for burden of proof?
who do you think has the duty to present evidence on his Onus probandi
claim?
What is a special proceeding? It is a remedy by which a
Hedd x Vinces
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presumptions of fact, what makes them presumption of law is

FACTUM PROBANDUM FACTUM PROBANS
because it is expressly provided by law, which is different
from presumption of fact, but may a judge also derive a
Ultimate facts Intermediate evidentiary facts
presumption of fact? Yes. What is the beauty of presumption
of law is that we can always rely on them because the law
The fact or the proposition to be The fact by which the factum expressly provides it. Example: What is the fact that can be
established probandum is to be established
derived when a bus, a common carrier, fails to bring safely its
Hypothetical Existent passengers to their destination? What is presumed?
Negligence. That is omission. Omission of what? Extraordinary
diligence of a good father of a family. Where can we find it?
The Civil Code.
In which onus probandi relates, factum probandum or factum
probans?
DISTINGUISH PRESUMPTIONS OF FACT FROM JUDICIAL
ADMISSION.
PRESUMPTIONS
EFFECT OF PRESUMPTION (EITHER IN LAW OR IN FACT) TO THE
BURDEN OF PROOF.
Presumptions are inferences we derive from established facts.
It will ease the burden. It will help them in discharging the
If you see your friend whose car was wet when it entered San
burden when they have these presumptions in their favor.
Beda Alabang campus, is there a fact that your car
sometimes presumes? What could that be? He might have
passed by to a place where it rained. If your classmate did — KINDS OF PRESUMPTIONS —
not report to class today, can you infer some presumptions?
How do you consider these presumptions? Classify these CONCLUSIVE PRESUMPTION
presumptions.
Presumptions which always hold as true and cannot be
overcome by evidence to the contrary.
Is there a difference between presumptions and
assumptions? Are they interchangeable?
Why can’t they be contradicted?
They are different. No.
Because the law expressly provides that it cannot be
contradicted.
What is a presumption as distinguished from assumption?
Presumptions are inferences from established facts while
Examples of conclusive presumption
assumptions are not based on facts.
a. Whenever a party has, by his own declaration, act, or
omission, intentionally and deliberately led to another to
PRESUMPTIONS OF LAW believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such
Give a legal presumption. What law provides it? In BP 22, declaration, act or omission, be permitted to falsify it:
what is presumed if the drawer fails to pay after receipt (Estoppel in pais)
notice of dishonor and notice to pay in 5 days? b. The tenant is not permitted to deny the title of his
He is presumed to know that his account has no funds or that landlord at the time of commencement of the relation of
he has insufficient funds. In Criminal Law, knowledge as to landlord and tenant between them. (Estoppel against
insufficiency of funds in a BP 22 case is a state of mind, that tenant)
you can hardly prove, that’s why the law creates a legal
presumption. The presumption that BP 22 creates is only juris Are there any conclusive presumptions other than those
tantum. What is juris tantum? It’s disputable presumption as enumerated in Section 2?
distinguished from a conclusive presumption, which is de jure.
Yes. Those which are provided for in other laws.
Presumption can either be a legal presumption or a
presumption of fact. As to whether there’s a need to present
How will you distinguish conclusive from disputable
evidence: conclusive or disputable presumption. There is a
presumptions?
difference between presumption juris tantum from prima
facie evidence, because prima facie evidence is more of a Conclusive – it is satisfactory in itself.
duty or burden of proof, once the prosecution was able to
prove it that alone is enough to convict the accused, but What is the degree of proof to overcome disputable
that still is disputable. While in de jure, the law does not allow presumption?
them to be contradicted. Clear and convincing evidence.
Which is broader in scope? Presumptions of fact or EXAMPLES OF DISPUTABLE PRESUMPTIONS UNDER SECTION 3
presumptions of law? OF RULE 131.
Presumption of fact. (a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
Do you agree that presumptions of law, strictly speaking, are (c) That a person intends the ordinary consequences of his
presumptions of fact? Presumptions of law are actually voluntary act;
Hedd x Vinces
Page 21 of 39
(d) That a person takes ordinary care of his concerns; known for four years:
(e) That evidence willfully suppressed would be adverse if - If a married person has been absent for four
produced; consecutive years, the spouse present may contract a
(f) That money paid by one to another was due to the subsequent marriage if he or she has well-founded
latter; belief that the absent spouse is already death. In case
(g) That a thing delivered by one to another belonged to of disappearance, where there is a danger of death
the latter; the circumstances hereinabove provided, an absence
(h) That an obligation delivered up to the debtor has been of only two years shall be sufficient for the purpose of
paid; contracting a subsequent marriage. However, in any
case, before marrying again, the spouse present must
(i) That prior rents or installments had been paid when a
institute a summary proceedings as provided in the
receipt for the later one is produced;
Family Code and in the rules for declaration of
(j) That a person found in possession of a thing taken in the
presumptive death of the absentee, without prejudice
doing of a recent wrongful act is the taker and the doer
to the effect of reappearance of the absent spouse.
of the whole act; otherwise, that things which a person
(x) That acquiescence resulted from a belief that the thing
possess, or exercises acts of ownership over, are owned
acquiesced in was conformable to the law or fact;
by him;
(y) That things have happened according to the ordinary
(k) That a person in possession of an order on himself for the
course of nature and ordinary nature habits of life;
payment of the money, or the delivery of anything, has
paid the money or delivered the thing accordingly; (z) That persons acting as co-partners have entered into a
contract of co-partnership;
(l) That a person acting in a public office was regularly
appointed or elected to it; (aa) That a man and woman deporting themselves as
husband and wife have entered into a lawful contract
(m) That official duty has been regularly performed;
of marriage;
(n) That a court, or judge acting as such, whether in the
(bb) That property acquired by a man and a woman who
Philippines or elsewhere, was acting in the lawful
are capacitated to marry each other and who live
exercise of jurisdiction;
exclusively with each other as husband and wife without
(o) That all the matters within an issue raised in a case were
the benefit of marriage or under void marriage, has
laid before the court and passed upon by it; and in like
been obtained by their joint efforts, work or industry.
manner that all matters within an issue raised in a
(cc) That in cases of cohabitation by a man and a woman
dispute submitted for arbitration were laid before the
who are not capacitated to marry each other and who
arbitrators and passed upon by them;
have acquire properly through their actual joint
(p) That private transactions have been fair and regular;
contribution of money, property or industry, such
(q) That the ordinary course of business has been followed;
contributions and their corresponding shares including
(r) That there was a sufficient consideration for a contract; joint deposits of money and evidences of credit are
(s) That a negotiable instrument was given or indorsed for a equal.
sufficient consideration; (dd) That if the marriage is terminated and the mother
(t) That an endorsement of negotiable instrument was contracted another marriage within three hundred days
made before the instrument was overdue and at the after such termination of the former marriage, these
place where the instrument is dated; rules shall govern in the absence of proof to the
(u) That a writing is truly dated; contrary:
(v) That a letter duly directed and mailed was received in - A child born before one hundred eighty days after the
the regular course of the mail; solemnization of the subsequent marriage is considered
(w) That after an absence of seven years, it being unknown to have been conceived during such marriage, even
whether or not the absentee still lives, he is considered though it be born within the three hundred days after
dead for all purposes, except for those of succession. the termination of the former marriage.
- A child born after one hundred eighty days following
The absentee shall not be considered dead for the the celebration of the subsequent marriage is
purpose of opening his succession till after an absence considered to have been conceived during such
of ten years. If he disappeared after the age of marriage, even though it be born within the three
seventy-five years, an absence of five years shall be hundred days after the termination of the former
sufficient in order that his succession may be opened. marriage.
(ee) That a thing once proved to exist continues as long as is
The following shall be considered dead for all usual with things of the nature;
purposes including the division of the estate among (ff) That the law has been obeyed;
the heirs: (gg) That a printed or published book, purporting to be
- A person on board a vessel lost during a sea voyage, or printed or published by public authority, was so printed
an aircraft with is missing, who has not been heard of or published;
for four years since the loss of the vessel or aircraft; (hh) That a printed or published book, purporting contain
- A member of the armed forces who has taken part in reports of cases adjudged in tribunals of the country
armed hostilities, and has been missing for four years; where the book is published, contains correct reports of
- A person who has been in danger of death under other such cases;
circumstances and whose existence has not been (ii) That a trustee or other person whose duty it was to
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convey real property to a particular person has actually adverse if produced. Obviously? Why is he suppressing it? For
conveyed it to him when such presumption is necessary his interest. Disputable presumptions have reasons. They are
to perfect the title of such person or his successor in all based on logic. He would not suppress it unless it is against
interest; him. Now, the question is, does this disputable presumption
(jj) That except for purposes of succession, when two be raised by the parties or argued by the parties, before the
persons perish in the same calamity, such as wreck, court can rely on them? No.
battle, or conflagration, and it is not shown who died
first, and there are no particular circumstances from What is the 6th disputable presumption?
which it can be inferred, the survivorship is determined That money paid by one to another was due to the latter
from the probabilities resulting from the strength and the
age of the sexes, according to the following rules:
Is there any rule on evidence that is relevant to this
- If both were under the age of fifteen years, the older is
disputable presumption?
deemed to have survived;
2nd part of res gestae: If there is an unequivocal act, and
- If both were above the age sixty, the younger is
there is no statement as to that
deemed to have survived;
- If one is under fifteen and the other above sixty, the
Take note: Relate this to the provisions on payment under the
former is deemed to have survived;
Civil Code.
- If both be over fifteen and under sixty, and the sex be
different, the male is deemed to have survived, if the
What can you notice in these disputable presumptions?
sex be the same, the older;
- If one be under fifteen or over sixty, and the other Mostly you can find it in the Civil Code, some in the
Negotiable Instruments Law.
between those ages, the latter is deemed to have
survived.
Under the best evidence rule, the second exception is when
(kk) That if there is a doubt, as between two or more persons
the document is in the possession or under the custody of the
who are called to succeed each other, as to which of
person against who it is to be offered, and he failed to
them died first, whoever alleges the death of one prior
produce such within reasonable notice, the offeror may now
to the other, shall prove the same; in the absence of
offer the secondary evidence. In addition to that, the offeror
proof, they shall be considered to have died at the
may also rely on the presumption that such document that
same time.
was suppressed is against the defendant.
Is there an exception in Sec 3(b) that an unlawful act was

What is the presumption insofar as to judges?
done with an unlawful intent? Does this apply to all criminal
cases? No. (n) That a court, or judge acting as such, whether in the
Philippines or elsewhere, was acting in the lawful exercise of
jurisdiction
When will it not apply?
Offenses under special laws that which not require criminal
(Illustration, par. n)
intent.
Defendant filed a petition to dismiss on the ground that the
court did not acquire jurisdiction over his person, as there was
Do you recall a particular article in Criminal Law where this
improper resort to substituted service of summons. During the
presumption?: Sec 3c: That a party intends the ordinary
hearing, the plaintiff relied in the presumption of regularity in
consequences of his voluntary act arises?
the performance of duty of a public employee, and the
Article 4.
plaintiff argues that the sheriff being a government
employee, a public officer, is considered to have been
In one case, the accused appealed to the Supreme Court regularly performed his duty, therefore it is considered that
and he’s saying, he’s not guilty of falsification and estafa, he had been regularly performed his duty. Can we rely on
because the document that is signed was a contract of that presumption?
adhesion. He admitted having signed the document, but he No. Because in the very first place, he did not perform his
is saying, “I don’t know the contents thereof. I just signed duty. Because there was no reasonable within reasonable
them.” What did the Supreme Court say? No. It is presumed. time to serve summons to the defendant. (See: Manotoc v.
It is a natural presumption that a person would not affix his CA)
signature unless he informs himself of the contents thereof. –
Lee v. People, 2002
Another, in implementation of search warrants, the public
officers cannot take refuge in this presumption, if in the first
“Even as a judge, there are times where there is a difficulty to they did not comply with what is required in Rule 126. They
decide a case, we can rely on these presumptions that cannot just invoke this presumption (of regularity), if in the first
would attribute liability to that person. This really helps. This place there is irregularity.
presumption helps. You’ll become a lawyer someday; you
can rely on this to prove a cause, to prove a defense, or to
Another, Section 21 of RA 9165, with respect to the chain of
prove a criminal liability of the accused. “
custody, so that section provides a mandated procedure on
how to preserve the integrity and the evidentiary value of the
Sec 3(e): That evidence willfully suppressed would be drugs. They cannot also take refuge on this presumption (of
Hedd x Vinces
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regularity), if they did not follow the procedure under Section was registered.
21 of RA 9165.
Is it possible that he reappears and he did not anymore
What is the equivalent presumption for those exercising execute an affidavit of reappearance?
private functions? Yes. What happens to the second marriage? It remains valid.
Private transactions are presumed to have been fair and But he can no longer to whatever because he is now
regular, and that there is another presumption that the considered as non-existent; he is now considered dead. It’s
ordinary course of business have been followed. his choice. It’s actually the choice of the absentee spouse.
Are there common facts that have to be established before What is the presumption insofar as to filiation? What are the
the rules on presumption of death may apply? What are the rules?
facts that need to be established before you can invoke any (dd) That if the marriage is terminated and the mother
this presumption? contracted another marriage within three hundred days
Yes. The fact that he was absent for xxx years; his after such termination of the former marriage, these rules
whereabouts is unknown; and there’s an effort to know his shall govern in the absence of proof to the contrary:
whereabouts. Once these three have been established, any (1) A child born before one hundred eighty days after
of the interested parties for the declaration of his absence or the solemnization of the subsequent marriage is
death, may now invoke the presumption. considered to have been conceived during such
marriage, even though it be born within the three
Would this be automatic, that for example, the person is hundred days after the termination of the former
absent for 7 years and there’s no news about him, and marriage.
despite diligent efforts to find him, he cannot be found, (2) A child born after one hundred eighty days following
neither his cause of disappearance is known, is it automatic the celebration of the subsequent marriage is
that he be declared presumptively dead or an absentee? considered to have been conceived during such
No. marriage, even though it be born within the three
hundred days after the termination of the former
Special proceedings under Rule 107, under that presumption, marriage.
if the purpose of declaration of that presumptive death, how
many years is required? Before these rules may apply, what are the conditions?
7 years; opening succession – 10 years That there was a previous marriage; that such previous
marriage was terminated; and within 300 days from the
Why are the successors needed to wait for 10 years if it is for termination of the marriage, the mother contracted a
the purposes of opening succession? Wouldn’t it be unfair? second marriage. Unless these conditions exist, you cannot
When you say opening the succession, it means any apply the rules.
interested party may now commence either testate or
intestate proceeding. What is essential, the 180-day period or the 300-day period
To protect the property rights of the absentee. Before they for the determination of the presumption?
can commence settlement proceedings, they must wait for 180-day period. Why? Because they call it gestation period.
10 years to give the absentee the chance to reappear. In cases of settlements proceedings to determine who are
the heir, in cases for support, or when is an issue as to the
If the absentee is already 75 years, how many years do you pedigree.
need to wait?
5 years, even if it’s for the purposes of opening succession. Who is presumed to survive?
They must allege the circumstantial facts in the petition for (jj) That except for purposes of succession, when two persons
declaration of presumptive death. perish in the same calamity, such as wreck, battle, or
conflagration, and it is not shown who died first, and there
Let’s say that after 6 years of absence and present spouse are no particular circumstances from which it can be
exerted efforts to locate the absentee spouse. She filed a inferred, the survivorship is determined from the probabilities
petition for declaration for presumptive death, and the court resulting from the strength and the age of the sexes,
granted it. What is the effect if the absentee spouse according to the following rules:
reappears? 1. If both were under the age of fifteen years, the older is
The reappearing spouse must execute an affidavit of deemed to have survived;
reappearance and it must be registered to the local registry 2. 2If both were above the age sixty, the younger is deemed
where the second marriage was registered. What is the to have survived;
effect of the execution of affidavit of reappearance? It will 3. If one is under fifteen and the other above sixty, the
render the second marriage void, but it will not affect the former is deemed to have survived;
acts prior to the registration of the affidavit of reappearance. 4. If both be over fifteen and under sixty, and the sex be
That means that the children born during the second different, the male is deemed to have survived, if the sex
marriage will be deemed as legitimate, but the marriage will be the same, the older;
become void from the moment that the reappearance was 5. If one be under fifteen or over sixty, and the other
registered to the local registry where the second marriage between those ages, the latter is deemed to have
Hedd x Vinces
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survived.
A. EXAMINATION OF WITNESSES
In what possible cases or issues, a party may invoke any of
these presumptions? How do you present a witness in court?
in succession, in issue on who succeed whom, this could be (a) It must be done in open court;
relied upon to determine the issue. (b) It must be under oath or affirmation; and
(c) Testimony must be given orally.
Is there a presumption as to legitimacy or illegitimacy?
None. Even if the child is born within 300 days from the What is the rule as far as presentation of testimonial
termination of the previous marriage. The issue of legitimacy evidence?
must be proved in court. It must be before a judge under whom the case is filed
Must a witness be under oath or affirmation?

PRESUMPTION IN CIVIL ACTIONS AND PROCEEDINGS
To assure guarantee that he will tell the truth.
In all civil actions and proceedings not otherwise provided for
by the law or these Rules, a presumption imposes on the Oath Affirmation
party against whom it is directed the burden of going
An outward pledge to tell the Substitute for an oath for those
forward with evidence to rebut or meet the presumption.
truth (for those who believe in a who do not believe in supreme
God) beings
If presumptions are inconsistent, the presumption that is
founded upon weightier considerations of policy shall apply.
If considerations of policy are of equal weight, neither EXCEPTION TO GIVING A TESTIMONY ORALLY
presumption applies. When the question calls for a different mode of answer; and
when the person is incapacitated to answer.
Illustration
Under the Civil Code, when the passenger sustained injuries Why does it have to be spelled out in the transcript of
and was not brought safely to his destination, the common stenographic notes when the judge has actually heard what
carrier is presumed to be negligent. The person who has the was said and what was demonstrated by the witness?
burden of presenting facts for the presumption of negligence For purposes of appeal when the appellate court can have
to arise is the party who’d be relying on the presumption of a picture of what actually happened to the trial court.
negligence. He has to present evidence that indeed the
victim was a passenger of the common carrier. Ince What is the nature of stenographic notes?
established, there arise a prima facie case. The adverse party The presumption is that they are prima facie correct
has the duty to rebut the presumption. s t a t e m e n t s o f s u c h p r o c e e d i n g s . Yo u k n o w t h e
stenographers.
PRESUMPTION AGAINST AN ACCUSED Can the counsel correct what is written in the record? Yes.
If a presumed fact that establishes guilt, is an element of the
offense charged, or negates a defense, the existence of the OBLIGATIONS OF A WITNESS
basic fact must be proved beyond reasonable doubt and a. To answer the question; and
the presumed fact follows from the basic fact beyond b. To answer a question concerning a prior conviction.
reasonable doubt.
RIGHTS OF A WITNESS
Examples a. To be protected from irrelevant, improper, or insulting
a. The prosecution must present evidence beyond questions, and from harsh or insulting demeanor;
reasonable doubt that the accused was positively found b. Not to be detained longer than the interests of justice
in possession of the thing unlawfully taken, for that require;
disputable presumption to arise. c. Not to be examined except only as to matters pertinent
b. Use of falsified document - it is incumbent upon the to the issue;
prosecutor to present evidence beyond reasonable d. Not to give an answer which will tend to subject him to a
doubt that the accused was the person found in penalty for an offense unless otherwise provided by law;
possession of the falsified document, and used it for his or
benefit
e. Not to give an answer which will tend to degrade his
reputation, unless it to be the very fact at issue or to a fact
from which the fact in issue would be presumed. But a
RULE 132 - PRESENTATION OF witness must answer to the fact of his previous final
conviction for an offense.
EVIDENCE
ORDER OF EXAMINATION
a. Direct examination by the proponent;
Hedd x Vinces
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b. Cross-examination by the opponent; stabbed. “Did you send a demand letter?”. Leading or not?
c. Re-direct examination by the proponent; Leading because it suggests the fact that a demand letter
d. Re-cross-examination by the opponent was sent. How will you convert that to a question that is not
leading?... In cases of Estafa, BP 22 or collection for sum of
money, you must formulate your question and start from the
PURPOSE OF DIRECT EXAMINATION
beginning. Is it absolute that leading questions are not
To establish facts, defence or cause of action.
allowed? Section 10. Leading and misleading questions. — A
question which suggests to the witness the answer which the
In cross, can there possibly be improper, irrelevant, or examining party desires is a leading question. It is not
insulting questions? allowed, except:
Yes, because here you want to discredit the testimony of the a. On cross-examination;
witness. Making the witness say inconsistent statements and
b. On preliminary matters;
pointing it out.
c. When there is a difficulty is getting direct and intelligible
answers from a witness who is ignorant, or a child of
ONE DAY WITNESS RULE tender years, or is of feeble mind, or a deaf-mute;
The examination of a witness must be completed at the time d. Of an unwilling or hostile witness; or
he is presented. That direct, cross and re-cross have been
e. Of a witness who is an adverse party or an officer,
finished and that he’ll no longer be allowed to testify after
director, or managing agent of a public or private
unless allowed by court.
corporation or of a partnership or association which is an
adverse party.
On degrading reputation of the witness, the general rule is
that you can’t ask questions which would degrade a witness’
Why is a leading question allowed on cross? An opponent on
reputation.
cross do you think the opponent will suggest an answer?
On cross, the opponent is given sufficient fullness and
Exception: When the matter in issue is his reputation. (i.e freedom to test the credibility of the witness, if no leading
declaration of nullity of marriage, grave defamation, question is allowed it will be very difficult to prove the
libel cases) credibility of the witness. The testimonial evidence is the
direct. On cross the opponent can ask any questions except
PURPOSE OF DIRECT EXAMINATION BY THE PROPONENT irrelevant, insulting, questions.
To elicit facts from the witness.
MISLEADING QUESTION
PURPOSE OF CROSS-EXAMINATION Question which assumes as true a fact not yet testified to by
To discredit the witness, his testimony; clarify matters; and the witness, or contrary to that which he previously stated, or
elicit admissions. To test the credibility of the witness; his certain answers to have been given to prior questions, when
freedom from bias; look out for inconsistencies. such answers have not been given are misleading.
Is it possible that there is no cross? When should you not do Is it allowed in direct or cross?
cross? No, he should not asked on that question since he did not
Yes; when the testimony is on collateral matters only. If it’s testify on that fact and he could not be asked on that
vital to your defense then go cross, but if it won’t then don’t question which is different from what he has given. Another
because more often than not it’ll only help the proponent. instance when a leading question is allowed is on preliminary
matters.
Under the existing rules, must the proponent always ask
direct questions from the witness? Can the proponent ask a leading question on redirect? No.
No, because there’s now the Judicial Affidavit Rule (JAR).
Proponent must prepare a witness’ JA beforehand so that In recross?
there need not be any direct examination. It constitutes as Yes. It is the same as cross.
his direct testimony. The only cases when it isn’t needed are:
(a) summary procedure; (b) Rule 70, ROC.
These leading questions on preliminary matters when is this
allowed? Only in direct.
— LEADING AND MISLEADING QUESTIONS —
What do you mean by preliminary matters?
LEADING QUESTION Age, status, address, etc.
A question which suggests to the witness the answer which
the examining party desires. HOSTILE WITNESS
One that is declared by the court wherein his interest is
Is a leading question allowed? adverse to the party calling him or not cooperative. A witness
No, as a rule, facts must come from the witness and the for the defendant, is he a hostile or adverse witness? Adverse
proponent must not suggest those facts. The first question witness since he is adverse to the plaintiff.
although it started with the word what it states the victim was
Hedd x Vinces
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— IMPEACHMENT OF A WITNESS — reason to refuse from testifying?

Yes. Right against self-incrimination; filial and parental
privileges; marital privilege; privilege communication.
IMPEACHMENT BY EVIDENCE OF CONVICTION OF A CRIME
For the purpose of impeaching a witness, evidence that he
May the plaintiff call the defendant as his witness? May the
or she has been convicted by final judgment of a crime shall
defendant, on the other hand, call the plaintiff as his witness?
be admitted if (a) the crime was punishable by a penalty in
Yes. Because if you are the party, you may call whomever to
excess of one year; or (b) the crime involved moral turpitude,
the witness stand, but these persons of course have grounds
regardless of the penalty.
to be invoked. But more often than not they have to obey
the subpoena if there’s a subpoena. So the defendant
However, evidence of a conviction is not admissible if the calling the plaintiff, what do you think would be the reaction
conviction has been the subject of an amnesty or annulment of the plaintiff?
of the conviction.
Now, let’s say that you’re the counsel for the plaintiff and the
EXCLUSION AND SEPARATION OF WITNESSES defendant’s counsel manifest, “Your honor we are ready to
The court, motu proprio or upon motion, shall order witnesses present the first witness for the defendant. We call your honor
excluded so that they cannot hear the testimony of other to the witness stand the plaintiff himself,” and you are the
witnesses. This rule does not authorize exclusion of (a) a party counsel for the plaintiff and the plaintiff went to you, “Bakit
who is a natural person, (b) a duly designated representative po? Why me?” What could be your remedy in this situation
of a juridical entity which is a party to the case, (c) a person because the defendant’s counsel is asking your client to be
whose presence is essential to the presentation of the party's the first witness for the defendant?
cause, or (d) a person authorized by a statute to be present.
Now, the rules does not provide but these happen, because
The court may also cause witnesses to be kept separate and even under the rules it recognizes that a party may call the
to be prevented from conversing with one another, directly adverse party as his/her witness.
or through intermediaries, until all shall have been examined.
If you are the plaintiff’s counsel in the situation then you have
Is it the only instance where we can consider a witness to rescue your client. You have to object. So you say, “Your
hostile, when he refuses to testify? honor, we object to that. My client has already testified
during the presentation of his evidence and he has been
The rules provide for 3 instances: when is adequately shown
extensively cross-examined by the defendant. What else
that the witness has an adverse interest; or it is shown that the
does he want from my client your honor?”
witness unjustifiable refused and justifiably reluctant to testify;
or when he has misled the proponent to put him in the
witness stand, and yet his interest is against the proponent. So, let the court decide now. If I would be the judge there,
Obviously, we call them unwilling and uncooperative. We what would be my question? “Defendant, for what purpose
consider them as hostile witnesses. will you be presenting the plaintiff? What’s the need? What’s
the necessity on presenting him as part of the evidence to
the defendant?” So if that’s the case, we will not allow,
Why is it that although the proponent is presenting a witness
because sometimes they call the adverse party to harrass or
in direct examination, he is allowed to ask a leading
to insult. But as I’ve said, under the rules, it can also be done
questions? Would that be automatic for the witness to be
if there is a sufficient ground and basis for the adverse party
considered as a hostile witness?
to be called to the witness stand.
No. The Court must declare, upon motion, that the witness as
a hostile one.
What could be the sufficient basis? Let’s say that it could be
that we allow this when, “Your honor, we have extensively
Assuming you are presenting Mr. Comota, but from your
cross-examined the plaintiff, but we asked him to produce
questions with Mr. Comota. His answers appear to be adverse
this document as to the acknowledgment receipt on the
to your client. You cannot get what you want from the
partial payment, but he has not produced it yet. So we will
witness. What is your remedy? How will you do it? Let’s say
produce him in such fact.” If that would be the reason, I will
I’m the judge.
allow. So it will depend upon the reason.
Upon oral motion.
How do you distinguish a hostile and unwilling witness from

What will be your motion? How will you say it?
an adverse party called as a witness?
It appearing your honor that the witness has an adverse
interest against my client or is reluctant to testify or is
Is it possible that the essential witness maybe an eyewitness,
uncooperative, “your honor. May we move that she be
be declared as an unwilling or hostile witness? Let’s say, the
declared a hostile witness?”
prosecution manifests, in a case for arson, “Your honor, we
are calling our first witness, Mr Juan Dela Cruz, for the
After the motion has been granted, the counsel may now ask following purposes: to testify your honor as to the alleged act
leading questions. of arson as alleged in the information as he was present in
the alleged incident and such other matter as may be
Now, is there nevertheless an instance where there is a valid relevant thereto. Subject to cross your honor.” So the witness
Hedd x Vinces
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moved to the witness stand. Remember this is the first witness contradict his testimony. Obviously you want her to testify to
for the prosecution. prove your cause, and yet you point out her inconsistencies.
The prosecution knows that he is an eyewitness, that’s the Who may therefore are allowed to impeach a witness?
reason he was called first. We call him an essential witness. The adverse party.
An essential witness actually is a witness who has personal
knowledge as to the facts and circumstances of the cause Is it absolute that a party calling a witness cannot impeach
and defense in civil actions. An essential witness in a criminal his own witness?
case is a witness who has the personal knowledge of all the
He may be allowed if his witness is declared by the court as
facts constituting the crime charged.
hostile or unwilling witness.
So the prosecutor asked, “Where were you on such a date?”

How will you impeach the testimony of the adverse party’s
“I was asleep,” “Where were you asleep? Where is your
witness?
house? What happened at around 11 o’clock in the
There are three modes of impeaching a witness: a. By
evening?” “I do not know because I was asleep.” It’s up to
contradictory evidence; b. By testing his credibility, testing his
you now to frame the next succeeding questions. “Again, Mr.
general reputation on telling the truth; By prior inconsistent
Dela Cruz, what happened, if any, on such day and time?” “I
statement.
do not know.” “Do you recall having executed a sworn
statement for this case?” “Yes, sir.” “Show me the document
marked as Exhibit A. Do you recognize this document?”
PROBLEM:
“Yes.” “There appears the signature below. Whose signature
Reckless imprudence resulting to homicide/physical injuries.
is that?” “Akin po.” “Please tell the court when this document
The prosecutor present a second witness, the police
is executed? Do you confirm and affirm that the statement
investigator that arrived at the scene after the impact. He
here is made voluntarily and they are correct to the best of
testified that he arrived after the impact; he testified what he
your knowledge?” “Yes.” “You stated here that you heard a
saw the relative position of the cars after the impact; he
noise, and that you were awake. Do you confirm that?” “Yes,
testified that he investigated the drivers of vehicles A & B; he
sir.” “So, what was that noise that you’ve heard?”
also testified that he asked 3 bystanders on the scene.
You will now be going to that incident. At first he appears to

So the cross-examiner [said],” You identified the police report
be not willing to testify, and do not take it against the witness
that you prepared after the impact, is it not officer?” “Yes,
because witnesses sometimes have been, without your
sir.” “Do you still xxx the contents and the sketch that you
knowledge, convinced for any consideration not to tell the
draw on the police report? “Yes, sir.” “Is it not that you stated
truth. So, there are certain ways of refreshing the memory of
in the police report that the incident happened at around
the witness and at the same time, leading him towards the
2:25 in the afternoon?” “Yes, sir.” “But you testified on direct
truth, without asking leading questions.
examination, officer, that it happened 3:45 in the afternoon.
Is it not?” “Yes, sir.”
Is it possible that when you present a witness on direct, at first
he appears cooperative, but in the middle of your direct
So what happened? He was able to show the police report
examination, he then appears reluctant and uncooperative,
which is the evidence presented by the prosecution differs as
evasive to answer the questions? When that happens, what is
to the time from his direct testimony when he was presented
your remedy if you are the proponent?
by the prosecutor. It shows that his direct testimony is
The remedy is to move for the court to declare him an
contradictory with his police report.
unwilling or hostile witness because it is not automatic or
motu proprio for the court to declare him as such.
As a rule can you impeach the testimony of a witness? PROBLEM:

No. In other words, as a general rule, a party cannot In a collection for some of money, he is the plaintiff in the
impeach his own witness. case, the defendant’s counsel asked, “You testified on the
direct examination that there were no payments made. Is it
not plaintiff?” “So no payment at all?” “Even a single
When exactly does that rule apply? Direct or cross-
centavo?” “Yes, sir.” “He did not pay? *shows answer* Is this
examination?
your answer?” “Yes.” “Read paragraph 6 of the answer. Is it
Obviously, when will you present your witness? Of course,
not that you stated there that the defendant made partial
that is on direct examination. When you present a witness, he
payment to the amount of P150,000.00?” “Yes.” So there was
is your witness. The core of the testimonial evidence is his
contradictory statement.By thata lone you were able to
testimony on direct examination, because that’s when a
impeach the testimony of the witness. That is an example of
party calls his witness. So why is that as a rule, a party calling
impeaching a witness by contradictory evidence.
a witness, cannot impeach that witness? Let’s put this in
proper perspective. Let’s say you are the lawyer for plaintiff,
and plaintiff tells you and his vital and essential witness is Ms
So, what evidence were used in the given problems?
Meneses. So you call Ms Meneses as plaintiff’s first witness.
In the criminal case the police report is contradictory to his
Why is it that you cannot impeach Ms Meneses? Because it is
direct testimony. [In the civil case], the admissions in the
unfair. You are calling her as your witness and yet you will
Hedd x Vinces
Page 28 of 39
answer is contradictory to what he testified on direct prosecutor first.

examination. Remember that this is being done by the
opponent, not the proponent. Is there a situation where the public will be excluded?
Rape, RA 7610, RA 9262, Annulment. The court on its may
The second mode is by testing his general reputation on exclude the public
honesty and integrity. This is where you go to his credibility.
How? There are several ways on testing his credibility. What The proponent presented a document to the witness, for the
could be one? witness to identify and confirm only the last paragraph of that
Still focus to the facts. Take note, you cannot confine the document. May the adverse make use of the same
witness on previous particular facts. It is prohibited because documents to prove the other paragraphs?
not relevant and most especially, the propensity rule. Yes. When the other party make use of that document, that
does not prevent the adverse party to make use also or
The third mode is to prior inconsistent statement. How will you present that document of whatever contents therein.
do it?
During cross, if the sworn statement or judicial affidavit is 1. The plaintiff asked for the issuance of subpoena
different from his testimony in the witness stand. duces tecum for the defendant to produce the
acknowledgement receipt. The original of which is
What are the two ways by which you can refresh the memory under the custody of the defendant. The clerk of
of the witness? court issued the subpoena. Is the plaintiff who is
Present recollection revived (testimony) and past the requesting party of the subpoena for which
recollection recorded (document) defendant complied by producing the
acknowledgement receipt. Is the plaintiff duty-
bound to make use of that as his evidence.
PRESENT RECOLLECTION REVIVED PAST RECOLLECTION RECORDED
(Answer: No. The plaintiff has still the prerogative
after the presentation of testimonial evidence.)
Memory is obscure but there is There is no recollection
still memory whatsoever
The main evidence is the The main evidence is the

B. AUTHENTICATION AND
testimony of a witness memorandum PROOF OF DOCUMENTS
The witness simply testifies that Witness must swear that the
he knows that the writing correctly states the
memorandum is correctly written transaction. What are the classifications of documents?
by him or under his direction; no Private and public documents
need to swear Public documents are:
(a) The written official acts, or records of the official acts of
Example of present recollection revived the sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or of a
Prosecutor presents SPO4 Tan as the poseur buyer, and the
foreign country;
prosecutor asked, “Who were the closed-in security who
were with you during the buy-bust operation?” He started (b) Documents acknowledge before a notary public
dropping names and then suddenly stopped. So the except last wills and testaments; and
prosecutor rescued him, asking, “How many security officers (c) Documents that are considered public documents
were with you during the buy-bust operation?” Then he said, under treaties and conventions which are in force
“They were 5.” But he only gave 2. So, who are the other 3? between the Philippines and the country of source;
He cannot recall. “Do you recall having executed a sworn (d) Public records, kept in the Philippines, of private
statement? If we show to you the sworn statement, will you documents required by law to the entered therein.
be able to recognize it?” “Yes, sir.” “Your honor, may we be
allowed for the witness go over his sworn statement in order All other writings are private.
to refresh his memory.”
PUBLIC WRITING PRIVATE WRITING

There were 3 officers who were to testify in a case for
violation of Section 5 (RA 9165), selling, and you are the
AS TO Admissible in Must be proved
counsel for the defense. Do you have a remedy in a situation
AUTHENTICITY evidence without relative to its due
that the 3 officers named in the pre-trial ordered to testify. further proof of its execution and
One of your objection would be, “You honor we object to genuineness and genuineness, before
the witness. He was not named in the pre-trial order.” You due execution it may be received
know these 3 witnesses because they were named in the in evidence
pre-trial order and this is the initial trial. All the 3 were present,
and you know that the prosecutor will only call one of them.
Is there a remedy to protect your client’s cause?

Move for exclusion and separation. Take note, ask the
Hedd x Vinces
Page 29 of 39
PUBLIC WRITING PRIVATE WRITING which the Philippines is also a party, or considered a public
document under such treaty or convention pursuant to
AS TO PERSONS Evidence even Binds only the parties paragraph (c) of Section 19 hereof, the certificate or its
BOUND against third who executed it or
equivalent shall be in the form prescribed by such treaty or
persons, of the same their privies, insofar
fact which gave rise as due execution convention subject to reciprocity granted to public
to its due execution and date of the documents originating from the Philippines.
and to the date of document are
the latter concerned
For documents originating from a foreign country which is not
AS TO VALIDITY Certain transactions
must be in a public a contracting party to a treaty or convention referred to in
OF CERTAIN
document, the next preceding sentence, the certificate may be made
TRANSACTIONS
otherwise they will by a secretary of the embassy or legation, consul general,
not be given any
consul, vice- consul, or consular agent or by any officer in the
validity
foreign service of the Philippines stationed in the foreign
country in which the record is kept, and authenticated by
NEED TO CLASSIFY PRIVATE AND PUBLIC DOCUMENTS the seal of his or her office.
There is a need to classify private from public documents,
because of the need to authenticate of private documents. A document that is accompanied by a certificate or its
equivalent may be presented in evidence without further
Not all private documents need to be authenticated, only proof, the certificate or its equivalent being prima facie
those offered as authentic. evidence of the due execution and genuineness of the
document involved. The certificate shall not be required
when a treaty or convention between a foreign country and
PUBLIC DOCUMENTS ARE SELF-AUTHENTICATING
the Philippines has abolished the requirement, or has
There is no need for public documents to be authenticated
exempted the document itself from this formality.
because public documents are self-authenticating. They are
self-authenticating because these public documents, more
so to the first class, they are enjoined by law. So, they are Can a document be authentic and not valid?
presumed to be valid, and they are presumed to be
Yes. Document can be authentic and not valid, when it is
performed in a regular performance of duty.
against public morals, public customs or against the law
ELEMENTS OF AUTHENTICITY
Under the first kind of public documents, how will they be
a. Due execution and proven?
b. Genuineness of the signature Sec. 24 . Proof of official record. — The record of public
documents referred to in paragraph (a) of Section 19, when
admissible for any purpose, may be evidenced by an official
PROOF OF PRIVATE DOCUMENT
publication thereof or by a copy attested by the officer
Before any private document offered as authentic is having the legal custody of the record, or by his deputy, and
received in evidence, its due execution and authenticity accompanied, if the record is not kept in the Philippines, with
must be proved by any of the following means: a certificate that such officer has the custody. If the office in
a. By anyone who saw the document executed or written; which the record is kept is in foreign country, the certificate
b. By evidence of the genuineness of the signature or may be made by a secretary of the embassy or legation,
handwriting of the maker; or consul general, consul, vice consul, or consular agent or by
c. By other evidence showing its due execution and any officer in the foreign service of the Philippines stationed
authenticity. in the foreign country in which the record is kept, and
authenticated by the seal of his office.)
Any other private document need only be identified as that
which it is claimed to be. There is decree of divorce in Japan. Do you consider that as
a public document under the first class?
Yes. Even the written official acts of a foreign country is
included
PROOF OF OFFICIAL RECORD
The record of public documents referred to in paragraph (a)
of Section 19, when admissible for any purpose, may be Is there any instance that there’s no need to prove official
evidenced by an official publication thereof or by a copy records?
attested by the officer having the legal custody of the When the adverse party admits
record, or by his or her deputy, and accompanied, if the
record is not kept in the Philippines, with a certificate that A petition of recognition of the Japanese decree of divorce.
such officer has the custody. The petitioner has the burden to prove that foreign decree of
divorce. If you are the counsel, how will you prove it?
Presenting the official publication or a copy as attested to by
If the office in which the record is kept is in a foreign country, the custodian in the Japanese court
which is a contracting party to a treaty or convention to
Hedd x Vinces
Page 30 of 39
The defendant in his defense presented an

Would it be simply presenting the decree of divorce as acknowledgement receipt that was issued by the plaintiff in
attested to by the Japanese legal custodian? What is the his favor in so far as alleged partial payment. The defendant
additional requirement? testified on that acknowledgement receipt, question, if you
It must be accompanied by a certificate of a secretary of are a counsel for the defendant is there a need to
the embassy or legation, consul general, consul, vice consul, authenticate the acknowledgement receipt?
or consular agent or by any officer in the foreign service of Yes. It needs to be authenticated, because you still have to
the Philippines stationed in the foreign country in which the rely on the contents of the receipt)
record is kept
The plaintiff presented his evidence, he also showed and
What’s the evidentiary weight of a public record after it has presented the demand letter. When the plaintiff alleges to the
been attested? complaint that despite the note having become due
This attestation is prima facie evidence to the contents. defendant did not pay notwithstanding demand the
defendant still fails to pay that was alleged to the complaint.
The Defendant says, “Yes, there was a demand, I admit to the
Under the rule, what must attestation contain?
demand, but I already paid.” That’s why he presented the
That the copy as attested is the correct copy. Attestation is
acknowledgement receipt, so when the plaintiff, testified, he
the same with certification.
showed exhibit C the demand letter. Is there a need to
authenticate the demand letter?
How will you prove a document acknowledged before a
in this case it appeared that it was not offered as authentic. It
notary public?
was only offered for the purpose that “THIS IS THE DEMAND
Every instrument duly acknowledged or proved and certified LETTER”. That is to prove the fact that it exists, not as to the
as provided by law, may be presented in evidence without fact that it was duly executed. Because that has already
further proof, the certificate of acknowledgment being prima been admitted in the answer.
facie evidence of the execution of the instrument or
document involved.
How will you prove the genuineness of a handwriting?
The handwriting of a person may be proved by any witness
In what documents can you find acknowledgement instead
who believes it to be the handwriting of such person
of jurat?
because he has seen the person write, or has seen writing
Contracts. On the other hand, jurat can be found on purporting to be his upon which the witness has acted or
affidavit. been charged, and has thus acquired knowledge of the
handwriting of such person. Evidence respecting the
Why is it that a notarial will is acknowledged before a notary handwriting may also be given by a comparison, made by
public, but is an express exception under Sec 19(b)? the witness or the court, with writings admitted or treated as
Although it is acknowledged, there is still a need to prove genuine by the party against whom the evidence is offered,
execution and genuineness, because the Civil Code requires or proved to be genuine to the satisfaction of the judge.
that it must be probated.
Who will compare the handwriting? The judge.
How will you prove public records?
An authorized public record of a private document may be Is there a need to lay the basis that a person is familiar with
proved by the original record, or by a copy thereof, attested another’s signature? Yes.
by the legal custodian of the record, with an appropriate
certificate that such officer has the custody. Is there a need to present expert to prove genuineness of a
handwriting? No.
Example: Records on Civil Registry
There are private documents which when submitted, it When do you need to present a handwriting expert from the
became public document (Application to take board exams NBI?
to PRC. Once it was stamped by the PRC, it becomes a The signatures are too similar that the naked eye can’t tell
public document) the difference.
Let’s say the POEA executed a certification that accused is Are there instances when although the documents are
not licensed to recruit workers abroad. It is a certification that offered as authentic, there’s no need for authentication?
is an official act of the POEA and that does not require
Yes. Ancient documents.
authentication. But does that mean that the entries therein
Where a private document is more than thirty years old, is
are true, since that is a public record you rely on sec 23 that it
produced from the custody in which it would naturally be
is prima facie, you may not overcome that it is true, because
found if genuine, and is unblemished by any alterations or
it is what has been recorded, so you see the difference on
circumstances of suspicion, no other evidence of its
those issues. So your justification is not (valid), just because
authenticity need be given.
the contents are prima facie because that belongs to
another issue. The issue being asked is as to execution.
What will happen if the document has blemishes/alterations,
will it still be considered ancient?
Hedd x Vinces
Page 31 of 39
Yes. Provided that he accounts for the alteration. evidence.
How to account for alterations? Plaintiff during pre-trial marks Exhibits A-J, but after all the
a. He may show that the alteration was made by another, presentation of his witnesses. Plaintiff offered only Exhibits A.
without his concurrence; or Is that possible?
b. was made with the consent of the parties affected by it: Yes. It is the prerogative of the plaintiff of what to present/
or how many present/who to present. The court/adverse party
c. was otherwise properly or innocent made: or shall not interfere
d. that the alteration did not change the meaning or
language of the instrument. Evidence if not formally offered is not admissible. Is there an
exception? Yes.
If he fails to do that, the document shall not be admissible in
evidence. In the case of People v. Napat-a, the prosecutor forgot to
offer the marijuana. Ilang grams marijuana dried leaves, the
What are the other instances when a private document does prosecutor failed to offer. If you follow the general rule the
not need to be authenticated? evidence would not have been considered, and therefore
the accused will be acquitted, for failure of the prosecution
a. When the genuineness and authenticity of an actionable
to present the corpus delicti. But it was in that case that the
document have not been specifically denied under oath
SC said, nevertheless even if it was not offered when they
by the adverse party;
consider it only in advertence, it appears form the record that
b. When the genuineness and the authenticity of the
the marijuana were marked and duly identified and marked
document have been admitted
in court, and forms part of the record then it can still be
considered. The SC sustained the conviction.
— IMPEACHMENT —
In the case of Libnaw, the Supreme Court applied the
How is a judicial record impeached? exception because:
By evidence of: a. the officer testified during trial;
a. Want of jurisdiction in the court or judicial officer; b. testified on this and they were marked during pre-trial;
and
b. Collusion between the parties; or
c. formed part of the record.
c. Fraud in the party offering in respect to the proceedings.
When can an offer may be raised?

To assure that certification came from the official custodian,
the certification must be under the seal - the seal of the When there is an offer
government agency.
Before the pre-trial, the plaintiff submitted 3 judicial affidavits:
There was a collision between Philtranco and Silver Star bus, affidavits, A, B, and C. During the trial, the plaintiff only
in Samar. As a result, Silverstar went on to the house of the presented affiant’s A and B. Under he presented Affiant’s A
Plaintiff. The house was extensively damaged. So Plaintiff filed and B, he formally offered the judicial affidavits as direct
a case, and filed it in Pasay. Where Philtranco has its principal testimonies of A, B and C. Will you admit, exhibit C?
place of business. However, the sworn statements written by No. It’s hearsay. Affiant C was not presented
the witnesses was in dialect, in waray. The court can only
accept evidence that are in the official language which is However, if there’s no objection in the above-mentioned
either in Filipino or English. So what is your remedy? case, will you admit it?
The counsel should make translation. All will be admitted, but only Exhibits A and B will be
considered. Exhibit C remains to be hearsay even if there is
no objection
— OFFER AND OBJECTION —
What’s the second rule insofar as offer?
What’s the rule on offer?
The purpose for which the evidence is offered must be
The court shall consider no evidence which has not been specified
formally offered. The purpose for which the evidence is
offered must be specified.
In testimonial evidence, when is the time that you will specify
the purposes for which the witness is to specify?
All evidence must be offered orally.
At the time the witness is called to testify
The offer of the testimony of a witness in evidence must be

What is the reason why the proponent has to state the
made at the time the witness is called to testify.
purposes for which the witness will testify?
It is about the what, because we are after the facts
The offer of documentary and object evidence shall be
made after the presentation of a party's testimonial
Note: Trial technique. If you are the counsel, always ask for
Hedd x Vinces
Page 32 of 39
general offer, “and such other prayer relevant thereto.” — PROFFER OF EVIDENCE —
Can the adverse party already object after the time of
Proffer of evidence is tender of excluded evidence. You
specifying the purposes of offer?
have to distinguish between testimonial evidence and
Yes. He can immediately object. It may be based on the
documentary evidence.
judicial affidavit. You may also get the information from your
clien.
Tender of evidence in testimonial evidence: we will be
tendering this (question) his answer would be. Then you put
When will be the 2nd opportunity to object?
on record what was the answer. The question is do you need
The 2nd opportunity to object in a testimonial evidence is to rule on the motion? No. it is not a motion or objection. It is
immediately after the question is compounded. Let him finish just for purposes of appeal.
asking the question.
Tender of evidence in documentary evidence. As we said

What about if it is an object or documentary piece of there will be formal offer. Example your honor we will be
evidence, when is the time to offer and when is the time to offering exhibit A, B for these purposes.. Comment.. Object
object? your honor to Exhibit A for these following reasons.. Then the
Documentary and object evidence shall be offered after the court will rule. Proponent would say we move for the
presentation of a party's testimonial evidence. Such offer reconsideration of the ff exhibits., state reason. In case the
shall be done orally unless allowed by the court to be done in court denies. What is your remedy? Proceed to proffer of
writing. evidence or tender of evidence.
What is the corresponding rule insofar as objections?

Objection to offer of evidence must be made orally RULE 133 - WEIGHT AND SUFFICIENCY
immediately after the offer is made. OF EVIDENCE
Objection to the testimony of a witness for lack of a formal
offer must be made as soon as the witness begins to testify. Do the parties have participation insofar as to determining
Objection to a question propounded in the course of the oral the weight and sufficiency of evidence?
examination of a witness must be made as soon as the None. The weight and sufficiency is to be appreciated/
grounds therefor become reasonably apparent. determined by the court.
The grounds for the objections must be specified. Is there a difference between the admissibility, and weight
and sufficiency of the evidence? Yes.
Do you need to state the ground for objection?
Yes. The opponent state specific ground for objection.
ADMISSIBILITY WEIGHT AND
SUFFICIENCY
Must the court explain why it overruled or sustained? No.
AS TO THE The court has to The court will have to
NATURE determine whether to determine the probative
What if there are two or more objections? admit the pieces of value or the probative
The court needs to explain now. evidence or not weight of the evidence
presented.
How you object on a series of question based on the same AS TO THE For the court to admit it For consider its probative
ground? PURPOSE weight
Move for a continuing objection on a particular fact.

AS TO THE Whether the court may whether it should be
ISSUES admit it given probative weight if
Wait at least after 2 questions based being objectionable on it is considered as
the same ground. sufficient to prove the
plaintiff’s cause
When do you strike an answer? What is the remedy?

Move for striking out an answer. Should a witness answer the
question before the adverse party had the opportunity to Why in the first place, do the party, as much as possible,
voice fully its objection to the same, and such objection is present only those relevant and competent evidence?
found to be meritorious, the court shall sustain the objection What’s the purpose?
and order the answer given to be stricken off the record. For the court to admit such evidence.
On proper motion, the court may also order the striking out of Which comes first, ruling as to the admissibility or
answers which are incompetent, irrelevant, or otherwise appreciating the weight and sufficiency?
improper. Ruling on the issue of admissibility.
Hedd x Vinces
Page 33 of 39
Recall Sec 34 of Rule 132, the court shall not consider this is competent. We cannot say it is sufficient in the first
evidence which has not been formally offered. So that place if it is excluded by law. Of course class, the admissibility
means we do not give weight, we will not give probative there has been ruled by the court. The next procedure is for
value of that piece of evidence if in the first place it was not the defendant to present evidence, but the defendant opt
formally offered. You notice the change in the verb, for not present evidence, because he is saying he is entitled to
admissibility we rule on admissibility. Insofar as to weight and the relief.
sufficiency, the court appreciates.
What’s the 4th degree of proof? What do you mean by that?
In determining the weight and sufficiency, there are different Substantial evidence.
degrees proof that the court will consider. You learned that it
is the court that will appreciate the weight and sufficiency of In which cases does this degree of proof is required?
evidence that had already been admitted, but in Quasi-judicial and administrative proceedings
appreciating this evidence, we are guided by these degrees
of proof, and it would depend on the case that was filed
In labor cases what is the degree of proof?
before the court. What again are these degrees of proof?
Substantial evidence.
Proof beyond reasonable doubt; clear and convincing
evidence; preponderance of evidence; and substantial
evidence. What about the cases in HLURB?
Substantial evidence. It’s a quasi-judicial body.
Proof beyond reasonable doubt is required in what case?
In criminal cases. Correlate these degrees of proof with Section 1, Rule 131,
what does it say? It defined burden of proof. It is the duty of
the party to establish his claim or defense by the amount of
What do you mean by moral certainty? Does that require
proof required by law.
absolute certainty that there is no room for error?
Degree of proof which produces conviction in an
unprejudiced mind. The prosecution rested its case, and when we say it rested its
cases, it presupposes that the prosecution formally offered
their documentary or object evidence or both. “We have
It does not discount the possibility of error. It does not require
nothing to offer.” The defense counsel hears that and
absolute certainty, instead only moral certainty.
manifested, “In that case your honor, we move for demurrer
to evidence. Your honor based on the evidence presented,
Again, in what instance do we require clear and convincing the prosecution has not presented evidence beyond
evidence? reasonable doubt.” To grant or deny a demurrer of evidence,
To overcome a prima facie case or a disputable what degree of proof must the court take into consideration?
presumption; when the accused raises an affirmative Proof beyond reasonable doubt. In criminal cases, the
defense; to establish an affirmative defense in a civil case. burden of proving the guilt of the accused beyond
reasonable doubt always lies on the prosecution. The only
What do you mean by preponderance of evidence? In what thing when you do not need proof beyond reasonable
cases is this required? In civil cases. doubt is determination of a petition for bail which is subject
to summary hearing, because what we determine there is
Case for declaration of nullity of a deed of sale. Plaintiff whether the evidence of guilt is strong.
presented 3 witnesses. His testimony; the testimony of his best
friend to prove the nullity of the deed and sale; and the What is the rule insofar as extrajudicial confession?
testimony of his lawyer. Thereafter, the counsel offered Rule 133, Sec 3 - An extrajudicial confession made by an
documentary pieces of evidence which were admitted by accused, shall not be sufficient ground for conviction, unless
the court after the objections of the defense. Immediately, corroborated by evidence of corpus delicti
the defendant filed demurrer to evidence. If you are the
judge, will you use preponderance of evidence to decide in
What do we mean by corpus delicti?
the demurrer of evidence?
It is the body of the crime. It is the crime itself. It is the
No. Only the plaintiff presented their case, there is no
punishable act or omission
evidence yet that has been presented by defendant.
What is the corpus delicti in the violation of RA 9165? In the

Since we do not apply that degree of proof, what therefore is
sale of prohibited drugs?
the quantum of proof that the court will have to determine in
The selling of the drugs
order to resolve the of issue whether or not the plaintiff is
entitled for the relief?
What is the corpus delicti in Section 11 of RA 9165?
Sufficient proof. Whether the plaintiff presented a sufficient
proof to establish cause so as to entitle him to the relief The possession of the drugs
sought.
What is the corpus delicti in violation of BP 22?
Take note that when we determine the sufficiency of The issuance of the check
evidence, of course, we have to take into consideration if
Hedd x Vinces
Page 34 of 39
What is the corpus delicti in the case of murder? witness - the testimony of the bodyguard who testified that a
The killing of the victim with intent to kill week before the alleged killing, he heard his boss told him,
“Ipapapatay ko talaga si victim, ang laki talaga ng utang
What is the corpus in the case of rape through sexual assault? niya sa akin.” The other part he testified is that the night
before the lifeless victim was found along Macapagal Ave,
Act of sexual intercourse without the consent
he saw his boss, driving a Honda Civic car, wherein the
victim was seated beside him as passenger of the Honda
The body of the victim in the crime will actually help solve the
Civic; 2nd witness - the security guard who testified that in the
case, but it is not actually the corpus delicti.
early morning of this day, he found the victim along the road
in Macapagal Ave and he reported that incident to a
What do we mean by circumstantial evidence? passerby; 3rd witness - the auto shop owner who testified, on
That evidence which proves a fact or series from which the the same day in the afternoon, the Honda Civic car was
facts in issue may be established by inference. Such brought by the accused himself to his shop stained with
evidence is founded on experience and observed facts and blood. If you were the judge, will you convict the accused?
coincidences establishing a connection between the known No. The 3rd requisite is not present: the combination of all the
and proven facts and the facts sought to be proved. circumstances is such as to produce a conviction beyond
Inferences cannot be based on other inferences. reasonable doubt. How do you establish a case of murder?
The fact of killing and the attendance of any of the
qualifying circumstances. Let’s say it’s treachery. Was it
DIRECT EVIDENCE CIRCUMSTANTIAL EVIDENCE
shown? There is the fact that a person’s dead. It was
established because of the death, it’s easy to establish you
Established the existence of a Does not prove the existence of
just present the death certificate, but as to how he was killed,
fact in issue without the aid of a fact in issue directly, but
any inference or presumption merely provides for logical is there evidence to show? Is the combination of these 3
inferences that such fact really testimonies enough to convict the accused? No, because
exists there was no testimony of how the victim was killed, the
manner by which he was killed which is essential as to
The witnesses testify directly of Each proof is given of facts and
their own knowledge as to the circumstances from which the proving the qualifying circumstances)
main facts to be proved court may infer other connected
facts which reasonably follow,
Will circumstantial evidence be applicable to civil cases?
according to the common
experience of mankind. No. There is no conviction in civil cases, what we determine in
civil cases is liability
What are the requisites for circumstantial evidence to be Does the court has the prerogative to say to the prosecutor
sufficient to convict an accused in a criminal case? “Enough! You have presented enough witnesses?” Is it proper
Section 4 of Rule 133 states that circumstantial evidence is for the court to say, “Enough?”
sufficient for conviction if: No. It is not proper for the court to say “Enough.” It seems like
a. There is more than one circumstance; the Court has already prejudged. Although Section 6, Rule
b. The facts from which the inferences are derived are 133 says that the court may stop the presentation of
proven; and evidence, we [the courts] do it with caution
c. The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt.) What do we mean by evidence on motion?
When a motion is based on facts not appearing of the
In a case for murder, for example, do you always need to record may hear the matter on affidavits or depositions
present circumstantial evidence? presented by the respective parties, but the court may direct
Only when there is no direct evidence, because if there is an that the matter be heard wholly or partly on oral testimony or
eyewitness who saw the commission of the crime, you do not depositions. It could be a motion to quash, motion to dismiss,
need to present circumstantial evidence. motion for new trial)
So what is DNA evidence, direct or circumstantial? WEIGHT TO BE GIVEN OPINION OF EXPERT WITNESS, HOW
Circumstantial evidence DETERMINED
In any case where the opinion of an expert witness is
What’s the reason why sometimes, prosecutor or parties to a received in evidence, the court has a wide latitude of
civil case resort to DNA evidence? What’s the purpose? discretion in determining the weight to be given to such
To identify a person, because DNA can identify a person. So, opinion, and for that purpose may consider the following:
even there is doubt, or even there is no direct evidence to a. Whether the opinion is based upon sufficient facts or
identify who did it, or to identify who the father is, then the data;
resort could be DNA evidence. However, there can be other b. Whether it is the product of reliable principles and
evidence methods;
c. Whether the witness has applied
In a murder case, it was alleged that the victim was just the principles and methods reliably to the facts of the
found alone, lifeless. So the prosecution presented: 1st case; and
d. Such other factors as the court may deem helpful to
Hedd x Vinces
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make such determination. child, what are these? (Di ako sure sa sagot, di rin sinagot ni
Judge ng specific huhu)
RULE ON EXAMINATION OF Who is a child interpreter?

CHILD WITNESSES An interpreter whom the child can understand and who
understands the child may be appointed by the court, motu
proprio or upon motion, to interpret for child when:
CHILD a. A child does not understand the English or Filipino
A child is a person below 18 years of age or those above but language;
are unable to fully take care of themselves from abuse, b. Is unable to communicate in said languages due to his
neglect, cruelty, exploitation, or discrimination because of a developmental level, fear, shyness, disability; or
physical or mental disability or condition
c. Other similar reasons
WHEN TO APPLY
Are we actually have to appoint a child interpreter when we
This will apply only if you present a child as a witness. have a court interpreter?
Although there are certain instances that even in sexual
Yes. We have court interpreters but there are children who
abuse or rape, and a child is the victim, even if you do not
will be understood only by those persons close to them.
present the child, if you want to apply hearsay evidence
under this rule, this will apply. The sexual abuse shield rule will
Is it possible that a judge may appoint the nanny of the child
also apply in those instances where the victim is a child
as a court interpreter? Yes.
CHILD IS COMPETENT TO TESTIFY

When may hearsay evidence be allowed under the rule [on
As a general rule, a child is competent to testify.
examination of child witness]?
SECTION 28. Hearsay Exception in Child Abuse Cases . - A
Presumption of competency
statement made by a child describing any act or attempted
Under the rule, all persons who can perceive, and act of child abuse, not otherwise admissible under the
perceiving, can make known their perception to others, may hearsay rule, may be admitted in evidence in any criminal or
be witnesses non- criminal proceeding subject to the following rules:
a. Before such hearsay statement may be admitted, its
WHEN A CHILD IS DISQUALIFIED TO TESTIFY proponent shall make known to the adverse party the
Sec 21 (c), Rule 130, Children whose mental maturity is such intention to offer such statement and its particulars to
as to render them incapable of perceiving respecting which provide him a fair opportunity to object. If the child is
they are examined and of relating them truthfully, or also available, the court shall, upon motion of the adverse
called disqualification by reason of mental incapacity or party, require the child to be present at the presentation
immaturity. Again, this is an absolute disqualification. of the hearsay statement for cross-examination by the
adverse party. When the child is unavailable, the fact of
Under these rules [on examination of child witness], the court such circumstance must be proved by the proponent.
has the duty to assess the competency of the child. The court b. In ruling on the admissibility of such hearsay statement,
even have to have a holding area for children. The court the court shall consider the time, content and
have to segregate the child. What is its purposes? circumstances thereof which provide sufficient indicia of
This is in order to get a more reliable and complete testimony reliability. It shall consider the following factors:
from the child; to encourage the child to testify; and to - Whether there is a motive to lie;
minimize fraud - The general character of the declarant child;
- Whether more than one person heard the statement;
In case there is ambiguity, how do we construe the rules? - Whether the statement was spontaneous;
In favor of the child, to protect and promote the best interest - The timing of the statement and the relationship
of the child between the declarant child and witness;
- Cross-examination could not show the lack of
When the child has testified, although the other party has not knowledge of the declarant child;
object, because there are those who object to the - The possibility of faulty recollection of the declarant
competence of the child, we conduct competency child is remote; and
examination hearing. What happens during such hearing? - The circumstances surrounding the statement are such
Examination of a child as to his competence shall be that there is no reason to suppose the declarant child
conducted only be the judge. Counsel for the parties, misrepresented the involvement of the accused.
however, can submit questions to the judge that he may, in c. The child witness shall be considered unavailable under
his discretion, ask the child the following situations:
- Is deceased, suffers from physical infirmity, lack of
Even when there is no objection and the child is called to memory, mental illness, or will be exposed to severe
testify, the judges continually assess. psychological injury; or
- Is absent from the hearing and the proponent of his
There are specific rules to promote the best interest of the
Hedd x Vinces
Page 36 of 39
statement has been unable to procure his attendance What about an email sent by A to B saying, “Hi how are
by process or other reasonable means. you?” and a print out of a receipt of purchase of a vehicle?
d. When the child witness is unavailable, his hearsay Which is an electronic data message and electronic
testimony shall be admitted only if corroborated by other document?
admissible evidence (emphasis on this.). The 1st the electronic data message the second is an
electronic document.
SEXUAL ABUSE RULE
Actually the same with res inter alios acta, under Sec 34 of Why is the receipt an electronic document?
Rule 130, otherwise known as the second branch of res inter It represents the data generated.
alios acta or the propensity rule
Can an email be an electronic document?
Evidence of the child’s previous sexual behavior is also YES! If it establish a right, extinguish an obligation or prove a
inadmissible. fact. The receipt is an electronic document because it is a
proof of purchase.
RAPE SHIELD RULE
You [can] find this under the law on anti-rape. Republic Act Why do we need to distinguish?
8353. Evidence of the rape victim’s other sexual conduct or Under the rules of evidence in order for an electronic
behavior is also inadmissible. You correlate it also with Sec 34, document to be admissible in court the authentication of
Rule 130 such document must be made.
ONE-DAY WITNESS RULE Why do we need evidence to know the difference of

We also have to comply strictly with the one-day witness rule. electronic data message and electronic document?
This is to determine the purpose of its offer or specific ground
for objection in order to determine if it is admissible or not.
RULE ON ELECTRONIC EVIDENCE
Are there specific rules on electronic evidence that apply
only to ELECTRONIC DOCUMENT (ED) and not to ELECTRONIC
Problem 1 DATA MESSAGE (EDM)? YES.
Written agreements of “Bombay”/ Lender; Notebook of
Bombay. One of the borrowers took a photo of the Can you give an example that would apply only to ED and
notebook, the records of installments she made. She printed not EDM?
the photo to show to the Bombay her payment. Parol Evidence. Why? What is the subject of inquiry when
Parol Evidence applies? The terms of the agreement. Is there
Is that print out stored photo, is it an electronic document? terms of agreement in EDM? No. It does not establish a right,
NO, although the information was shown, however the extinguish an obligation, or prove a fact.
process of creating such information is not within the
meaning of electronic document, it is not generated Why are we applying Rules of Court if there is a specific rule
electronically. The source of the information is from a for electronic evidence?
notebook that was the source of that information. Is there an FUNCTIONAL EQUIVALENT of PAPER DOCUMENTS.
original? The information in the notebook of the Bombay. The
original under the best evidence rule is the notebook.
What does the functional equivalent rule means?
Whenever a rule of evidence refers to the term of writing,
ELECTRONIC DATA MESSAGE document, record, instrument, memorandum or any other
form of writing, such term shall be deemed to include an
Refers to an information generated, sent, received or stored
electronic document as defined in these Rules. Under the
by electronic or similar means.
said principle when the word document is used the
electronic document is deemed included.
ELECTRONIC DOCUMENT
Refers to information or the representation of information,
Why did the SC promulgate this Rule on Electronic Evidence?
data, figures, symbols or other modes of written expression,
Because congress enacted RA 8792 the E-Commerce Act.
described or however represented, by which aright is
This is actually upon the condition of the World Bank before
established or an obligation extinguished, or by which a fact
the Philippines can obtain a loan. We also have the Data
may be proved and affirmed, which is received, recorded,
Privacy Act, Cybercrime Act, Automated Election System.
transmitted, stored processed, retrieved or produced
electronically. It includes digitally signed documents and any
print-out or output, readable by sight or other means, which Will this apply to proceedings in the Comelec? YES.
accurately reflects the electronic data message or
electronic document. For purposes of these Rules, the term In elections, Vote Counting Machines (VCM), if there is an
“electronic document” may be used interchangeably with issue as to who were voted which is an original, ballot or
electronic data message. voter’s receipt?
For purposes of showing who is voted by the voter, it will be
Hedd x Vinces
Page 37 of 39
the Ballot because it is the original. But the receipt is not the The digitally made resolution was made and emailed to a
original if the issue is who were voter for by the voter, it is a branch manager, is it an ED?
reproduction of the original. But the receipt is an electronic Yes, because it was generated electronically, it satisfies the
document, however, as far as the best evidence rule is best evidence rule, is it an original, because it was
concerned it cannot be considered as the original since processed, generated electronically, it was in the devise. It
there is a paper based document. was not printed. Online shopping, online order via email, the
purchase order is it an ED? What will be the original? It is an
What about election returns are they electronic documents? ED, the original will be the print out of the purchase order.
They stored the data therein electronically and transmitted
the date electronically. What are considered as originals under the rules on
electronic evidence?
Can election returns be used for presenting evidence to show SECTION 1. Original of an electronic document. – An
the number of votes garnered by a candidate in a particular electronic document shall be regarded as the equivalent of
precinct, is it an original? an original document under the Best Evidence Rule if it is a
YES. The information stored in the election returns are original printout or output readable by sight or other means, shown
EDs because they are generated electronically. The voter’s to reflect the data accurately.
receipt that will be issued it is an electronic document, SEC. 2. Copies as equivalent of the originals. – When a
because it is generated electronically but as to the purpose document is in two or more copies executed at or about the
of who were voted it is not the origin because there is a same time with identical contents, or is a counterpart
paper-based document which is the ballot. produced by the same impression as the original, or from the
same matrix, or by mechanical or electronic re-recording, or
But if the issue is what was the precinct number, date and by chemical reproduction, or by other equivalent techniques
time, what is the original? which is accurately reproduces the original, such copies or
duplicates shall be regarded as the equivalent of the
The voter’s receipt, because it is the only document that
original. Notwithstanding the foregoing, copies or duplicates
contains date and time.
shall not be admissible to the same extent as the original if:
a. a genuine question is raised as to the authenticity of the
But what if he purpose of presenting the voter’s receipt is only
original; or
to prove that there was a receipt printed from the VCM, will
b. in the circumstances it would be unjust or inequitable to
you have to consider that it is the original?
admit a copy in lieu of the original. Remember Rule 130
NO, because the purpose is only to prove that it exist not the
on documents.
contains thereof.
Online shopping, purchased order sent electronically,

PSA authenticated certificates, is that an electronic
confirmation, payment made electronically and
document?
confirmation. Will each be considered as originals as to the
PSA authenticated certificates are NOT THE ORIGINAL,
fact of purchase and fact of what have been purchased and
because they are only AUTHENTICATED, they are only
how much?
certified, there are original copies, the office merely attest as
These are entries of transaction and each are originals
to its original copy. The original are not given to you
because they contain the same entries and they were
(Irremovability of public documents), however these
repeated in the course of business.
photocopies are considered exemption under the rules of
court because they are made by public officers.
Is there a need to authenticate ED?
RULE 5 AUTHENTICATION OF ELECTRONIC DOCUMENTS
NOTE: Case of NPC vs Judge Cordilla. The photocopies are
SECTION 1. Burden of proving authenticity. – The person
not admissible because there is a paper based original
seeking to introduce an electronic document in any legal
document. Although the petitioner is contended that
proceeding has the burden of proving its authenticity in the
photocopies are electronic documents the Court did not
manner provided in this Rule.
accept it under the best evidence rule, photocopies are not
electronic documents.
SEC. 2. Manner of authentication. – Before any private
electronic document offered as authentic is received in
Note: MCC vs Samyong. There was an importation of goods
evidence, its authenticity must be proved by any of the
and transacted only through emails. Proofs sent in court were
following means:
photocopies of facsimile transactions. It was inadmissible
because they are not original electronic documents, the a. by evidence that it had been digitally signed by the
original were paper based letter of credits that were sent person purported to have signed the same;
through facsimile. Photocopies should not be presented in b. by evidence that other appropriate security procedures
court because there were paper based originals. In or devices as may be authorized by the Supreme Court or
corporations, the emailed board resolution, can it be by law for authentication of electronic documents were
considered as an ED and is it an original? The board applied to the document; or
resolution is an ED but it is not the original because there is a c. by other evidence showing its integrity and reliability to
paper based original. the satisfaction of the judge. SEC. 3. Proof of
electronically notarized document. - A document
Hedd x Vinces
Page 38 of 39
electronically notarized in accordance with the rules No.

promulgated by the Supreme Court shall be considered
as a public document and proved as a notarial Screenshots, are they electronic evidence?
document under the Rules of Court. Yes.
What are considered as public electronic documents? Can it be considered as ED or EDM?

Refer to Rule 132 Sec. 19.. provided each were processed, YES.
stored, transmitted electronically. By virtue of Functional
Equivalent Rule. Must Public ED be authenticated? No need
If it was taken as expression or mode of information. How do
provided they are among those enumerated under Rule 132
you show screenshots?
Sec. 19.
Just show to the court.
Must all private ED be authenticated?

How about print outs of a screenshot of a photo of a class
NO, only those that are introduced as to proof of the
card, is that an original?
contents, just like the paper based documents.
No, since there is a paper based original.
Note: Aznar vs Citibank

Does the Hearsay rule apply on Electronic evidence?
Yes. Functional Equivalent rule.
How may a private ED be authenticated under the Rules on
Electronic Evidence?
Highest proof would be the identification of the Electronic DNA EVIDENCE
Signature.
(check Yya’s notes for DNA cases)
How else?
What is DNA?
Similar to those authentication of private documents under
DNA means deoxyribonucleic acid, which is the chain of
the Rules of court. The functional equivalent rules apply.
molecules found in every nucleated cell of the body. The
totality of an individual’s DNA is unique for the individual,
Under electronic evidence provides for digital or electronic except for identical twins.
signature. The certification by the POEA, a print out, is it a
public ED?
What is its importance?
No, although the date was encoded electronically and it
It can identify since every person has a unique DNA profile.
was a template printed out it is not an ED because it was
DNA can be taken from biological samples.
signed through a paper based document, it is instead an
original paper-based document. Unless it was signed using
an electronic signature. What are biological samples?
“Biological sample” means any organic material originating
from a person’s body, even if found in inanimate objects,
Note: Nunez vs Cruz-Apao;
that is susceptible to DNA testing. This includes blood, saliva
Magtulis vs Salud In case of CCTV the operator would be
and other body fluids, tissues, hair and bones.
presented.
Note: DNA evidence is only circumstantial evidence.

What are the requisites for ED to be admissible?
It must comply with the rules on admissibility RELEVANT and
COMPETENCE.
Electronic evidence may not only refer to ED or EDM, but also

fingerprints of electronic evidence or HASH VALUE. HASH
VALUE (Hash values can be thought of as fingerprints for files.
The contents of a file are processed through a cryptographic
algorithm, and a unique numerical value – the hash value - is
produced that identifies the contents of the file. If the
contents are modified in any way, the value of the hash will
also change significantly.). IP address is like a house address,
you don’t know who or how many are the applicants.
For Cybercrime it must be proved that the accused was the

one using at the time of creation of the ED or EDM or any
electronic evidence.
Will privilege communication of the Electronic Evidence will

be affected by the fact that it was generated electronically?
Hedd x Vinces
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Notes based on judge Wagan’s discussions - DRAFT Code: H & V; AMENDMENTS

Evidence is important because parties present evidence to

In murder, what will be presented? The acts of stabbing.

It’s the procedure itself that reminds what evidence is.

CLASSIFICATION OF JUDICIAL NOTICE MATTERS OF PUBLIC KNOWLEDGE

MANDATORY JUDICIAL NOTICE

capable of unquestionable demonstration that a woman

MATTERS WHICH OUGHT TO BE KNOWN BY JUDGES BY REASON

Section 2 added a new sentence, “Photographs include still

In judicial notice, there is mandatory, there is subject to

a. Mistake - it was made through a palpable mistake

To comply with the original document rule, he must show the

both object and document evidence, he will still have to of photography.

If the reproduction was made by superimposition, or that the

Illustration (Counterpart) Illustration (cannot be obtained by judicial processes)

Unlike letter a (document unavailable) and letter b

NOT CLOSELY RELATED LETTER D A certified true copy or a certification,

REQUISITES BEFORE PRESENTING SECONDARY EVIDENCE - PAROL EVIDENCE RULE -

PRESUMPTIONS RELATED TO PAROL EVIDENCE RULE ORIGINAL PAROL EVIDENCE

under which it was made, including the situation of the

They are not disqualification, however in prior conviction,

Another thing, as amended, Section 36, was transposed now

disqualification by reason of a law.

Illustration (not learned in confidence)

As to a communication relevant to an issue between parties

An act declaration or Confession is an Exception

JUDICIAL It is that which is defined under Section 4 of Exceptions

In all cases, the offer to pay the hospital expenses for

It may also be admission made before the filing of the case.

Amendment: Neither is evidence of conduct nor statements

Illustration (admission by a co-conspirator)

ADMISSION BY A THIRD PARTY — TESTIMONIAL KNOWLEDGE —

Hearsay rule applies to testimonial evidence.

Problem 2 what the boss uttered?

REQUISITES FOR DYING DECLARATION

What if he is in the hospital not dead?

DYING DECLARATION IS ADMISSIBLE IN TESTATE PROCEEDINGS

survived and the dying declaration is no longer available, a

b. Opinion of an ordinary witness

MIDTERM EXAM (kind of verbatim, except problem I) the proper objection.

PLEASE NOTE THAT, ACCORDING TO JUDGE, CERTIFICATION

C. 3rd offer – forgot the ground of the objection

D. 4th offer – objection on the ground that it is irrelevant

E. 5th offer – objection on the ground that it is unnecessary

II. In a case for estafa through misappropriation of funds

C. Objection based on filial privilege

A. What should be the specific ground for his objection? CONCEPT

is it only the plaintiff who has the duty to present evidence on

This rule has two parts:

What about in special proceeding? In summary hearing? Will

presumptions of fact, what makes them presumption of law is

Is there an exception in Sec 3(b) that an unlawful act was

Must a witness be under oath or affirmation?

— IMPEACHMENT OF A WITNESS — reason to refuse from testifying?

How do you distinguish a hostile and unwilling witness from

So the prosecutor asked, “Where were you on such a date?”

You will now be going to that incident. At first he appears to

As a rule can you impeach the testimony of a witness? PROBLEM:

answer is contradictory to what he testified on direct prosecutor first.

The main evidence is the The main evidence is the