April 1 2024

Evidence in moral standing = character

Res inter alios acta

• “Things done between strangers ought not to injure those who are not parties to
them.”
• General Rule: The res inter alios acta rule ordains that the rights of a party cannot be
prejudiced by an act, declaration, or omission of another.
• 5 exceptions:
o 1. Admission by a Co-partner (Rule 130, sec. 30, as amended);
o 2. Admission by an Agent (Rule 130, sec. 30, as amended);
o 3. Admission by a Joint owner, joint debtor, or other person jointly interested
with the party (Rule 130, sec. 30, as amended);
o 4. Admission by a Co-conspirator (Rule 130, Sec. 31, as amended); and
o 5. Admission by Privies (Rule 130, Sec. 32, as amended).

Note: These exceptions are collectively classified as “vicarious admissions”.

Parol Evidence
When the terms of the agreement have been reduced to writing, it is considered as
containing all the terms agreed upon and there can be, between the parties and their
successors in interest, no evidence of such terms other than the contents of the written
agreement (Rule 130, Sec. 10, as amended).

Applicability of Parol Evidence

1. There must be a Valid contract;
2. The terms of the agreement must be reduced into Writing;
3. Evidence aliunde Vary the terms of the written contract;
4. The dispute is between the Parties to the written instrument; and
5. Grounds for the applicability must be put in issue in the Verified pleading.

Exceptions
There are 4.

1. An Intrinsic ambiguity, mistake or imperfection in the written agreement;

2. Failure of the written agreement to express the true intent and agreement of the
parties;
3. Validity of the written agreement
4. The Existence of other terms agreed to by the parties or their successors in interest
after the execution of the written agreement.
Admission Against Interest Vs Declaration Against Interest

Marital Communication vs Marital Disqualification

Marital disqualification (Rule 130. Sec. 22)

Disqualification By Reason of Marriage (Marital Disqualification Rule)

During their marriage, the husband or the wife cannot testify against the other without the
consent of the affected spouse, except in a civil case by one against the other, or in a criminal
case for a crime committed by one against the other or the latter's direct descendants or
ascendants (Rule 130, Sec. 23, as amended).

Note: The spouse-witness can now testify in favor of the spouse-litigant even without the
latter’s consent.
General Rule: During their marriage, the husband or the wife cannot testify against the other
without the consent of the affected spouse.

Exceptions:
1. In a civil case by one against the other;
2. In a criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants;
3. Where the testimony was made outside the marriage;
4. Where the spouse-litigant gives consents to the testimony.

Rationale:
1. There is identity of interests between husband and wife;
2. If one were to testify for or against the other, there is consequent danger of perjury;
3. The policy of the law is to guard the security and confidences of private life, even at the
risk of an occasional failure of justice, and to prevent domestic disunion and unhappiness;
and
4. Where there is want of domestic tranquility there is danger of punishing one spouse
through the hostile testimony of the other (Alvarez vs. Ramirez, G.R. No. 143439, October 14,
2005).
Can marital communication be invoked even after marriage has been dissolved?
Yes.

Good Samaritan Rule

An offer to pay or the payment of medical, hospital or other expenses occasioned by
an injury is not admissible in evidence as proof of civil or criminal liability for the injury
(Rule 130, Sec. 28, as amended).

Rationale
The reason for this Rule is to promote and encourage humanitarian acts or charitable
responses rather than discourage or penalize them. Otherwise, someone who may
 just want to help might hold back for fear that doing so will be taken as a sign of guilt
(Regalado).

Unaccepted Offer
An offer in writing to pay a particular sum of money or to deliver a written instrument
or specific personal property, if rejected without valid cause, is equivalent to the
actual production and tender of the money, instrument, or property (Rule 130, Sec.
26).

Check bookmarked questions in Tan Book (these are topics discussed by Justice in
class)

Hearsay Evidence Rule

a witness can testify only to those facts which he knows of his personal knowledge; that is,
which are derived from his own perception (Rule 130, Sec. 22, as amended).

Hearsay Exceptions
There are 15.

What is a witness?
A person called in a judicial or similar proceeding to give testimony under oath.

Positive vs Negative Evidence

Positive Evidence - when the witness affirms in the stand that a certain state of facts does
not exist or that a certain event happened.

Negative evidence – when the witness states that an event did not occur or that the state of
facts alleged to exist does not actually exist (Riano, 2013).

Greater probative value is given to evidence that is positive in nature than that which is
accorded to evidence that is negative in character (Republic vs Bautista, G.R. No. 169801,
September 11, 2007).

NOTE: When a witness declares of his personal knowledge that a fact did not take place that
is actually positive testimony since it is an affirmation of the truth
of a negative fact (Regalado, 2008).

Hierarchy of Evidence
1. Proof beyond reasonable doubt
2. Clear and Convincing evidence
3. Preponderance of evidence
4. Substantial evidence
Order of Trial
https://batasnatin.com/law-library/remedial-law/criminal-procedure/634-order-of-
trial.html#:~:text=%E2%80%93%20The%20trial%20shall%20proceed%20in,provisional%2
0remedy%20in%20the%20case

Who presents in a pre-trial?

Prosecution
The most important witness presents first.

The Most Important Witness Rule

Determine the most important witnesses to be heard and limit the number of witnesses
(Most Important Witness Rule). The facts to be proven by each witness and the approximate
number of hours per witness shall be fixed;

https://republicact.com/widget/provision/25692

Reverse Trial
• Usually in most cases, the prosecution first presents its evidence to establish the
guilt of the accused, and the defense follows thereafter.
• But this is reversed when the accused admits the killing but claims self-defense.
• A reverse trial happens.
• Not proof beyond reasonable doubt but clear and convincing evidence

Admissibility of Evidence
Requisites:
1. The evidence is relevant to the issue.
NOTE: It is relevant if “it has such a relation to the fact in issue as to induce
belief in its existence or non-existence” (Sec. 4, Rule 128).

2. The evidence is not excluded by the rules (competent).

NOTE: Competency is determined by the prevailing exclusionary rules of
evidence.

Relevancy is an affair of logic, human experience and common sense while

competency is determined by law.

Illegally obtained evidence cannot be admitted for the reason that they are
the “fruit of the poisonous tree”. Examples of illegally obtained evidence are
evidence obtained without a valid search warrant (this is however subject to
exceptions) (See Section 3 (2), Article III of the 1987 Constitution) (Bar 2010)

Presentation of Evidence

Order of presentation of secondary evidence

Upon proof of its execution and loss of the original document, its contents may be proved
by:
1. Copy of the original;
2. Recital of the contents of the document in some authentic document; or
3. By the testimony of witnesses (Sec. 5, Rule 130).
NOTE: The hierarchy of preferred secondary evidence must strictly be followed (Riano,
2013).

Purposes of presentation of electronic document

Electronic document may be presented for the following purposes:
1. To establish a right;
2. To establish an obligation;
3. To prove or affirm a fact.
Rule 128, Section 3. Admissibility of evidence. — Evidence is admissible when it is
relevant to the issue and is not excluded by the law of these rules.

meaning of underlined: if it is not marked in the pre-trial

What are the exceptions of evidence not marked in pre-trial

• in impeachment cases

Rule on allowance of evidence marked during pre-trial (A.M. NO. 03-1-09-SC)

The documents or exhibits to be presented, stating the purpose thereof. (No evidence shall
be allowed to be presented and offered during the trial in support of a party's evidence-in-
chief other than those that had been earlier identified and pre-marked during the pre-trial,
except if allowed by the court for good cause shown);
https://sites.google.com/view/e-codal/remedial/criminal-procedure/special-rules/a-m-no-
03-1-09-sc-guidelines-in-the-conduct-of-pre-trial

MUST GET 85 IN THE FINAL EXAMS

Justice will repeat the MCQ.

April 3 2024

Rule 128 Section 4. Admissibility of evidence.

• evidence must be relevant or else it cannot be admitted in court

General Rule:
Evidence on collateral matters shall not be allowed

Exception:
Collateral evidence shall be allowed when it tends in any reasonable degree to establish
the probability or improbability of the fact in issue

Example of Collateral Matters:

• Birth Certificate

Case: Grace Poe's Citizenship

https://lawphil.net/judjuris/juri2016/mar2016/gr_221697_2016.html

• She also has typical Filipino features: height, flat nasal bridge, straight black hair,
almond shaped eyes and an oval face.
• For her part, petitioner presented census statistics for Iloilo Province for 1960 and
1970, also from the PSA. In 1960, there were 962,532 Filipinos and 4,734 foreigners
in the province; 99.62% of the population were Filipinos.

Exclusionary Provisions (even if evidence are relevant and credible, they cannot be
accepted in court)
1. Anti Wire Tapping
• you need to ask court order to be able to wire tap (Sec. 3 of the Anti-Wire Tapping
Law); but if conversation is made in public, there is no need for a court order.

2. Secrecy of Bank Accounts; exception is the AMLA; exception to the AMLA is if it

happened before the effectivity of the AMLA

3. RA 6426 (Foreign Currency Deposit Act of the Philippines)

Constitutional Exclusionary Rules

1. Unreasonable searches and seizures (Sec. 2, Art. III, Constitution);

2. Right against self-incrimination (Sec. 17, Art. III, Constitution)

• Purely mechanical acts are not included in the prohibition as the accused does not
thereby speak his guilt, hence the assistance and guiding hand of counsel is not
required.
 • blood test is admissible in drug cases because it is a mechanical act

• in one case, blood test/drug test is a violation to the right to privacy of the accused
(Dela Cruz vs. People, G.R. No. 200748, July 23, 2014) page 57 in Tan pdf

• Mandatory drug testing of a person arrested for alleged extortion violates a person’s
right to privacy guaranteed under constitutional right against unreasonable
searches and seizures, and the right against self-incrimination.

• The constitutional right against self-incrimination proscribes the use of physical or

moral compulsion to extort communications from the accused and not the
inclusion of his body in evidence when it may be material.

3. Right to remain silent

JUDICIAL NOTICE
Basis: This rule is based on consideration of expediency and convenience.

Mandatory Judicial Notice

1. Existence and territorial extent of states;
2. Their political history, forms of government and symbols of nationality;
3. The law of nations;
4. The admiralty and maritime courts of the world and their seals;
5. The political constitution and history of the Philippines;
6. The official acts of the legislative, executive and judicial departments of the National
Government of the Philippines; (does not include ordinances)
7. Laws of nature;
8. Measure of time; and
9. Geographical divisions(Sec. 1, Rule 129)

How many are there??/ 10?? 6?? 9??

Discretionary Judicial Notice

• facts are verifiable
• a hearing is necessary before judicial notice is taken of a matter.

Why is a hearing required? (Will ask on exam)

Discussion: The hearing is only for the purpose of determining the propriety of taking
judicial notice (if proper for the court to take judicial notice) of a certain matter and not for
the purpose of proving the issues in the case.
Googled Answer: A hearing means that a party should be given a chance to adduce his
evidence to support his side of the case and that the evidence should be taken into
account in the adjudication of the controversy.

When Hearing is Necessary

During the Pre-Trial and the Trial
The court, motu proprio or upon motion, shall hear the parties on the propriety of taking
judicial notice of any matter.

Before Judgment or during Appeal

General Rule: The court CANNOT take judicial notice of any matter.

Exception: the court, motu proprio or upon motion, may take judicial notice of any matter
and shall hear the parties thereon if such matter is decisive of a material issue in the case.

Read Codal!!! https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

Adoptive Admission
1st form: ?? (Will ask on exam)

2nd form: Rule 130 Sec 33 Admission by silence. — An act or declaration made in the
presence and within the hearing or observation of a party who does or says nothing when
the act or declaration is such as naturally to call for action or comment if not true, and
when proper and possible for him to do so, may be given in evidence against him.

What is Adoptive Admission?

It is a party’s reaction to a statement or action by another person when it is reasonable to
treat the party’s reaction as an admission of something stated or implied by the other
person. A third person’s statement becomes the admission of the party embracing or
espousing it.

Adoptive admission may occur when a party:

1. Expressly agrees to or concurs in an oral statement made by another;

2. Hears a statement and later on essentially repeats it;

3. Utters an acceptance or builds upon the assertion of another;

4. Replies by way of rebuttal to some specific points raised by another but ignores further
points which he or she has heard the other make; or

5. Reads and signs a written statement made by another (Republic v. Kendrick

Development Corp., G.R. No. 149576, August 8, 2006).
Is silence considered adoptive admission?
Yes.

Negative Pregnant
• a form of denial which at the same time involves an affirmative admission favorable
to the opposing party

• A defense is considered a negative pregnant when it contains a denial pregnant with

an admission of the substantial facts alleged in the pleading. Where a fact is alleged
with qualifying or modifying language and the words of the allegation as so qualified
or modified are literally denied, it has been held that the qualifying circumstances
alone are denied while the fact itself is admitted

Give example on negative pregnant:

You have 500 million inthe bank. "Huy kadako ba kaayo ana"
"Walay nakapasar" - Taka duha ra gani akong hagbong

How many are the kinds of Judicial Admissions? (will ask on exam)
1. Extra judicial Admission
2. Judicial Admission
3. Admission during Arraignment and pre-trial assisted and signed by a counsel in order to
be binding
4. Admission during trial (need not be signed)

In GN, 5.
1. Express
2. Implied
3. Judicial
4. Extrajudicial
5. Adoptive

Admission during Arraignment (2 kinds)

1.
2.

Chatgpt: Plea of Guilty and Plea of Not Guilty

An open court admission made by an accused during arraignment, which may result in
conviction of a capital offense, is inadmissible evidence if the trial court did not conduct a
searching inquiry into the voluntariness and full comprehension of the consequences.
If charged with capital offense > guilty > a review is required to inform the acussed of the
consequences > do not sentence immediately > automatic review to the SC > prosecution
needs to present evidence to a certain degree and culpability

Judicial Admission in relation to Plea of Guilty to a Capital Offense: page 223 Tan
If it is a capital offense, Sec. 3, Rule 116
“Sec. 3. Plea of guilty to capital offense; reception of evidence. — When the accused
pleads guilty to a capital offense, the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the consequences of his plea and shall
require the prosecution to prove his guilt and the precise degree of culpability. The
accused may present evidence in his behalf.”
April 15, 2024

Case: Villafor page 73 in Tan

• Woman got pregnant was charged with adultery
• yes, she can be charged with adultery
• purely a mechanical act

Case: Woman with drugs in airport, shipping cocaine to US; placed cocaine inside the
condom, ate the condom, and will vomit it after; condom bursted inside the body, woman
died

Q: If caught in a pot session, will there be mandatory durg testing?

Rule: Required to submit examination whether positive or not; valid

Case: Jaime dela Cruz vs People

Page 74 in Tan
• Moreover, to impose mandatory drug testing on the accused for all persons arrested
regardless of the crime or offense for which the arrest was made is a blatant_attempt
to harness a medical test as a tool for criminal prosecution. We cannot condone drug
testing of all arrested persons regardless of the crime or offense for which the arrest
is being made.
• compulsory rehabilitation

Q: Is paraffin testing of a person under investigation violative of his right against self-
incrimination?
A: No. The right against self-incrimination extends only to testimonial compulsion.

What is preliminary investigation? (Rules of Court)

RULE 112
Preliminary Investigation
Section 1. Preliminary investigation defined; when required. — Preliminary investigation is
an inquiry or proceeding to determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.

If nag admit during preliminary investigation, can it be used against the acussed?
Yes, because admission during preliminary investigation because the acussed is not under
custodial investigation (police, etc)

Can the court take judicial notice before __________???

Estenzo vs Roa, case 1 same judge same court
Estenzo vs Roa, case 2, same judge same court
COURT CANNOT TAKE JDUICIAL NOTICE except when asked
Judicial Notice vs Judicial Knowledge
Judicial Knowledge - affidavits are incomplete

Judge’s Personal Knowledge - knowdlege known only to the judge; knowledge known to him
as a person

Doctrine of Processual Presumption

The Doctrine of Processual Presumption is the. presumption that the law of a foreign country
on a particular matter is the same as our law

What are pleadings?

Pleadings are certain formal documents filed with the court that state the parties' basic
positions.

What are the other kinds of judicial admissions? (Page 211 in Tan)
• pleadings

• during the trial, either by verbal or written manifestations or stipulations

• in other stages of the judicial proceeding

• It is an established principle that judicial admissions cannot be contradicted by the

admitter who is the party himself and binds the person who makes the same, and
absent any showing that this was made thru palpable mistake, no amount of
rationalization can offset it.

Best evidence is admission; no need to present proof

Even if it is admitted, it cannot be considered in court: page 209 in Tan

As provided for in Section 4 of Rule 129 of the Rules of Court, the general rule that a judicial.
admission is conclusive upon the party making it and does not require proof admits of two
exceptions:

1. when it is shown that the admission was made through palpable mistake,
2. when it is shown that no such admission was in fact made

RULE: Admission of Counsel binds his client.

EXCEPTIONS:
• binds only if there is special power
• admission of counsel to interjudgment

RULES on Actionable Document (page 215 in Tan)

 • must be copied, attached, and verified
• mandated to specifically deny under oath the actionable document

Example:
- promissory note

From Tiu: On actionable document under Implied Judicial Admission

When the genuineness and authenticity of an actionable document have not been
specifically denied under oath by the adverse party under Sec. 8 of Rule 8 of the Rules of
Court

• This is when an action or defense is founded upon a written instrument, copied in or

attached to the corresponding pleading, the genuineness and due execution of the
instrument

• If he fails to specifically deny them under oath and sets forth what he claims to be
the facts, it amounts to a judicial admission because it is made in the course of the
procedings

• But note the requirement of an oath does not apply when the adverse party does not
appear to be a party to the instrument or when compliance with an order for an
inspection of the original instrument is refused.

What is Object Evidence?

Rule 130 Section 1
Section 1. Object as evidence. - Objects as evidence are those addressed to the senses of
the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or
viewed by the court. (1)
- prove its existence

Case: Martin???

Case: Son of Secretary of Justice drug possession charge

Corpus delicti
Corpus delicti refers to a particular crime and signifies that the specific offense had been
actually committed by someone.

What is Documentary Evidence?

• Section 2. Documentary evidence. - Documents as evidence consist of writings,
recordings, photographs or any material containing letters, words, sounds, numbers,
figures, symbols, or their equivalent, or other modes of written expression offered as
 proof of their contents. Photographs include still pictures, drawings, stored images,
x-ray films, motion pictures or videos. (2a)
• prove contents

Case: Tandoy
• photocopy of seized drug money
• yes, admissible as an obect evidence

Best Evidence Rule

The “Best Evidence Rule” is often described as a misnomer because it is worded as if it
applies to all kinds of evidence when it is only applicable to documentary evidence.
• requires the original

General Rule: When the subject of inquiry is the contents of a document, writing, recording,
photograph or other record, no evidence is admissible other than the original document
itself.

Under the Original Document Rule which requires that the highest available degree of proof
must be produced, no evidence which is merely substitutionary in its nature shall be
received so long as the original evidence can be had. In other words, the contents of a
document must be proved by producing the document itself.

Exceptions:
1. When the original has been Lost or destroyed, or cannot be produced in court, without
bad faith on the part of the offeror;

For secondary evidence to be admissible, there must be satisfactory proof of:

a. Existence or due execution of the original;
b. Loss and destruction of the original or the reason for its non-production in
court, without bad faith on the part of the offeror (Rule 130, Sec. 5); and
c. Reasonable diligence and good faith on the part of the offeror in the search
for or attempt to produce the originals (Citibank vs. Teodoro, G.R. No. 150905,
September 23, 2003).

The offeror may prove the contents on the original document: (CRT)
i. By a Copy of the original;
ii. By a Recital of its contents in some authentic document; or
iii. By the Testimony of a witnesses (Rule 130, Sec. 5).

Note: The order stated must be followed.

2. When the original is in the Custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice, or the original
cannot be obtained by local judicial processes or procedures;
 If the document is in the custody or under the control of adverse party, the offeror
must prove the following: (PERF)
a. Existence of the original;
b. Possession of the original by the adverse party;
c. Reasonable notice to produce to the adverse party; and
d. Failure of the adverse party to produce the original despite such notice (Rule
130, Sec. 6).

Note: The non-production by the accused of the original document unless justified
under the exceptions in Section [3], Rule 130 of the Rules of Court, gives rise to the
presumption of suppression of evidence adverse to him (Vallarta vs. CA, G.R. No. L-
36543, July 27, 1988).

3. When the original consists of numerous Accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them
is only the general result of the whole;

Note: When the contents of documents, records, photographs, or numerous

accounts are voluminous and cannot be examined in court without great loss of time,
and the fact sought to be established is only the general result of the whole, the
contents of such evidence may be presented in the form of a chart, summary, or
calculation.

The originals shall be available for examination or copying, or both, by the adverse
party at a reasonable time and place.

The court may order that they be produced in court (Rule 130, Sec. 7). (n)
a. When the contents of documents, records, photographs, or numerous
accounts are voluminous;
b. Such account or documents cannot be examined in court without great loss
of time; and
c. The fact sought to be established is only the general result of the whole.

4. When the original is a Public record in the custody of a public officer or is recorded in a
public office; and
Note: When the original of a document is in the custody of a public officer or is
recorded in a public office, its contents may be proved by a certified copy issued by
the public officer in custody thereof (Rule 130, Sec. 8, as amended).

5. When the original is Not closely-related to a controlling issue (Rule 130, Sec. 3).(n)

ELectronic Evidence Rule

• a sound is a signature
 • The Rules on Electronic Evidence shall apply to all civil actions and proceedings, as
well as quasi-judicial and administrative cases (Rule 1, Sec. 2).
• ADMISSIBILITY: Whenever a rule of evidence refers to the term of writing, document,
record, instrument, memorandum or any other form of writing, such term shall be
deemed to include an electronic document as defined in these Rules (Rule 3, Sec. 1).

Q: State the rule on the admissibility of electronic evidence.

A: An electronic document is admissible in evidence if it complies with the rules on
admissibility prescribed by the Rules of Court and related laws and is authenticated
in the manner prescribed by the Rules on Electronic Evidence (Rule 3, Sec. 2).

Meaning Of Electronic Document; Electronic Data Massage

Electronic document refers to information or the representation of information, data,
figures, symbols or other modes of written expression, described or however represented,
by which a right is established or an obligation extinguished, or by which a fact may be proved
and affirmed, which is received, recorded, 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 accurately reflects the electronic data message or
electronic document [Rule 2, Sec. 1(h)].

Electronic Data Message refers to information generated, sent, received or stored by

electronic, optical or similar means [Rule 2, Sec. 1(g)].

What is libel?
Article 353 of the Code defines libel as a public and malicious imputation of a crime, or of a
vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of the dead.
• produce the original evidence (not photocopy) e.g. news paper
• author (who produced the original)

RULE 130 Section 7

Section 7. Summaries. - When the contents of documents, records, photographs, or
numerous accounts are voluminous and cannot be examined in court without great loss of
time, and the fact sought to be established is only the general result of the whole, the
contents of such evidence may be presented in the form of a chart, summary, or calculation.

The originals shall be available for examination or copying, or both, by the adverse party at a
reasonable time and place. The court may order that they be produced in court. (n)

Parol Evidence Rule vs Statute of Fraud

Parole Evidence (page 481 in Purple Notes)
 • Parol Evidence is any evidence aliunde, whether oral or written, which is intended or
tends to vary or contradict a complete and enforceable agreement embodied in a
document
• It is based upon the consideration that when the parties have reduced their
agreement on a part matter into writing, all their previous and contemporaneous
agreements on the matter are merged therein

Statute of Fraud (page 483 in Purple Notes)

If the agreements are NOT in writing and subscribed under Art. 1403, NCC, it is
unenforceable and evidence thereof is inadmissible, unless there is:
a. Failure to object to the presentation of oral evidence; or
b. Acceptance of benefit under the agreement

Disqualified Witnesses in Last Will and testament

• person has been convicted of 'crime of moral turpitude (It involves an act of
baseness, vileness, or depravity in the private duties which a man owes his
fellowmen, or to society in general, contrary to the accepted and customary rule of
right and duty between man and woman, or conduct contrary to justice, honesty,
modesty, or good morals.)

Art. 821. The following are disqualified from being witnesses to a will:
(1) Any person not domiciled in the Philippines,
(2) Those who have been convicted of falsification of a document, perjury or false
testimony.

Case: Napulis?? What?

Ahhh, Napoles huhu

CRIMES INVOLVING MORAL TURPITUDE

Moral turpitude: It involves an act of baseness, vileness, or depravity in the private duties
which a man owes his fellowmen, or to society in general, contrary to the accepted and
customary rule of right and duty between man and woman, or conduct contrary to justice,
honesty, modesty, or good morals.
• everything done contrary to justice, good morals, social duties
• bigamy
• abduction with consent
• smuggling

https://www.projectjurisprudence.com/2020/01/what-crimes-involve-moral-
turpitude.html
APRIL 17 2024

CONTINUATION OF MORAL TURPITUDE

Indiscrimate firing of gun?
• yes, this is moral turpirtude

Case: Atty Dizon vs taxi driver

Frustrated homicide
• Dizon shot taxi driver, hitting neck
• taxi driver was paralyzed, did not die
• yes, moral turpitude

Assignment:
1. WHO ARE EXEMPTED TO APPEAR IN COURT
There are 6
- viatory rights

2. How would you distinguish

No person can be compelled to be a witness against himself
vs
I have the right to be silent

Hearsay rule exceptions:

There are 13 but NOW 15; testimony of child abuse cases, Inaplicabilty of the hearsay
evidence rule under the electronic document rule (page 463 Tan)

PRIVILEGED COMMUNICATION
Marital Communication vs Marital Disqualification

There are 3 distinctions. Find the two.

1. DISQUALIFICATION: good only for marriage
COMMUNICATION: until death, even after termination of marriage

2. DISQUALIFICATION: Constitutes a total prohibition against any testimony for or

against the spouse of the witness
COMMUNICATION: Applies only to confidential communications between the
spouses.

3. DISQUALIFICATION: The prohibition is a testimony for or against the other.

COMMUNICATION: The prohibition is the examination of a spouse as to matters
related in confidence to the other spouse.
Case: Alvarez vs Ramirez page 373 Tan
Doctrine of Strained Relations
Under the doctrine of strained relations, the payment of separation pay is considered
an acceptable alternative to reinstatement when the latter option is no longer
desirable or viable. On one hand, such payment liberates the employee from what
could be a highly oppressive work environment.

Case: husband leased, husband died, wife proved existence of contract

Arroyo vs Aros
Can the wife testify?
Q: What are the exceptions on the disqualification by reason of privileged
communication between husband and wife? Page 377 Tan

A: The exceptions to the application of the disqualification by reason of privileged

communication between husband and wife are as follows, to wit:
a) A civil case by one against the other spouse;
b) A criminal case or crime committed by one against the other spouse or the
latter's direct ascendants or descendants;
c) In case of communication made prior to the marriage;
d) Communication not confidential in character;
e) When the communication was overheard by a third person;
f) In case of dying declaration of one spouse to another.

Case: People vs Francis/Francisco?

• murder; testify against wife
• cannot also stop wife to testify against husband

Attorney-Client
• now includes MA (murag atty) those who failed the bar
• can the driver of atty testify? No according to PE HHAHAHA
• if overheard, can the witness testify? (Exception: when there was precaution)

Exceptions: 5
The rule on privilege communication will also not apply in the following cases:
a. Furtheramce of Crime or fraud;
b. Claimants through same Deceased client;
c. Breach of duty by lawyer or client;
d. Document Attested by lawyer; and
e. Joint clients

Doctor-Patient
• not only disease, but includes drug addiction, alcoholism (page 374 in Tan)
• chaperone of patient cannot testify
• This privilege also applies to persons, including members of the patient's family, who
have participated in the diagnosis or treatment of the patient under the direction of
the physician or psychotherapist.

Priest–Penitent Privilege
A minister, priest or person reasonably believed to be so cannot, without the consent of the
affected person, be examined as to any communication or confession made to or any advice
given by him or her, in his or her professional character, in the course of discipline enjoined
by the church to which the minister or priest belongs.
Public Officer
Tenure vs Term of Office
Distinguish (look at Corpo book)
The term means the time during which the officer may claim to hold office as of right, and
fixes the interval after which the several incumbents shall succeed one another.

The tenure represents the term during which the incumbent actually holds the office. The
term of office is not affected by the hold-over.

Rule 130 Section 24

A public officer cannot be examined during or after his or her tenure as to communications
made to him or her in official confidence, when the court finds that the public interest would
suffer by the disclosure. The communication shall remain privileged, even in the hands of a
third person who may have obtained the information, provided that the original parties to the
communication took reasonable precaution to protect its confidentiality.

Parental and Filial Privilege

Section 25. Parental and filial privilege. - No person shall be compelled to testify against his
or her parents, other direct ascendants, children or other direct descendants, except when
such testimony is indispensable in a crime against that person or by one parent against the
other.

NOTE: (maka testify pero dili pwede pugson: no person may be compelled)

A stepmother can be compelled to testify against stepdaughter considering that they have
no common ancestry. The privilege applies only to “direct” ascendants and descendants
(Lee v. CA, G.R. No. 177861, July 13, 2010).

Subpoena ad testificandum
a court summons to appear and give oral testimony for use at a hearing or trial.

Section 27. Admission of a party. — The act, declaration or omission of a party as to a

relevant fact may be given in evidence against him or her. - reletad to Rule 129 Section 4

Offer of Compromise
Section 28. Offer of compromise not admissible. - In civil cases, an offer of compromise is
not an admission of any liability, and is not admissible in evidence against the offeror.
Neither is evidence of conduct nor statements made in compromise negotiations
admissible, except evidence otherwise discoverable or offered for another purpose, such as
proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an
effort to obstruct a criminal investigation or prosecution.
In criminal cases, except those involving quasi-offenses (criminal negligence) or those
allowed by law to be compromised, an offer of compromise by the accused may be received
in evidence as an implied admission of guilt.

A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense
is not admissible in evidence against the accused who made the plea or offer. Neither is any
statement made in the course of plea bargaining with the prosecution, which does not result
in a plea of guilty or which results in a plea of guilty later withdrawn, admissible.

An offer to pay, or the payment of medical, hospital or other expenses occasioned by an

injury, is not admissible in evidence as proof of civil or criminal liability for the injury.

In civil cases:
General rule:
An offer of compromise is not an admission of any liability, and is not admissible in evidence
against the offeror. Neither is evidence of conduct nor statements made in compromise
negotiations admissible.

Exception:
Evidence otherwise discoverable or offered for another purpose, such as (a) proving bias or
prejudice of a witness; (b) negativing a contention of undue delay, or (c) proving an effort to
obstruct a criminal investigation or prosecution.

In criminal cases:
General rule:
An offer of compromise by the accused may be received in evidence as an implied admission
of guilt.

Exception:
a. Those involving quasi-offenses (criminal negligence);
b. Those allowed by law to be compromised;
c. A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser
offense, is not admissible in evidence against the accused who made the plea or
offer;
d. Any statement made in the course of plea bargaining with the prosecution, which
does not result in a plea of guilty or which results in a plea of guilty later withdrawn, is
not admissible in evidence against the accused who made the plea or offer (Rule 130,
Sec. 28, as amended)

BP 22 (Bouncing Checks Law)

Page 421 in Tan
Section 22 - not an admission of guilt
Modes of extinguishing a crime
• marriage in cases of rape

Under Article 89 of the RPC, criminal liability is extinguished by:

1. The death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage by the offended woman as provided in Article 344 of the RPC

Marrying the Witness

An accused can effectively “seal the lips” of a witness by marrying the witness. As long as
marriage is in existence at the time of the trial, the witness-spouse cannot be compelled to
testify even though the marriage was entered into for the express purpose of suppressing the
testimony.

What are the exceptions????

Remember PE: Mother nga nag ask na e marry ang daughter; dili mu apply kay ang mama
ang nag ask, dapat ang victim

RES INTER ALIOS ACTA (page 426 in Tan)

- “Things done between strangers ought not to injure those who are not parties to them.”

How many exceptions? 5

1. Admission by a Co-partner (Rule 130, sec. 30, as amended);
2. Admission by an Agent (Rule 130, sec. 30, as amended);
3. Admission by a Joint owner, joint debtor, or other person jointly interested with the
party (Rule 130, sec. 30, as amended);
4. Admission by a Co-conspirator (Rule 130, Sec. 31, as amended); and
5. Admission by Privies (Rule 130, Sec. 32, as amended).
Note: These exceptions are collectively classified as “vicarious admissions”.

Section 30. Admission by co-partner or agent. - The act or declaration of a partner or agent
authorized by the party to make a statement concerning the subject, or within the scope of
his or her authority, and during the existence of the partnership or agency, may be given in
evidence against such party after the partnership or agency is shown by evidence other than
such act or declaration. The same rule applies to the act or declaration of a joint owner, joint
debtor, or other person jointly interested with the party.

Case: Francisco Villanueva

• selling of board certificate
 • channel 14
• https://lawphil.net/judjuris/juri2009/jun2009/gr_180197_2009.html
• Therefore a failure to answer such adverse assertions in the absence of further
circumstances making an answer requisite or natural has no effect as an admission
• Moreover, the rule on admission by silence applies to adverse statements in writing if
the party was carrying on a mutual correspondence with the declarant.
• if there was no such mutual correspondence, the rule is relaxed on the theory that
while the party would have immediately reacted by a denial if the statements were
orally made in his presence, such prompt response can generally not be expected if
the party still has to resort to a written reply.

Section 34. Confession. - The declaration of an accused acknowledging his or her guilt of
the offense charged, or of any offense necessarily included therein, may be given in evidence
against him or her.

Case: People vs Goring ???

Case: People vs Cayaga ??
Case: Andrew Tan (doctor) (interview by radio station of the accused can be used as an
admission);

Distinguish dying declaration vs res gestae

1. A dying declaration can be made only by the victim, while a statement as part of the res
gestae may be that of the killer himself after or during the killing (People vs Reyes, 82 Phil
563) or that of a third person.

2. Dying declarations are made only after the homicidal attack has been committed; but in
res gestae, the statement may precede, accompany or be made after the homicidal act was
committed.

3. The trustworthiness of a dying declaration is based upon its being given under an
awareness of impending death, while the rule of res gestae has its justification in the
spontaneity of the statement.

Consequently, while the statements of the victim may not qualify as a dying declaration
because it was not made under the consciousness of impending death, it may still be
admissible as part of the res gestae if it was made immediately after the incident. However,
were the elements of both are present, the statement may be admitted both as a dying
declaration and as part of the res gestae.

Case: People vs Bombisa ??

Admisison to media ?
• part of the res gestae
Admission to brgy captain, etc ?
• SC said: entails Miranda Rights

Confession vs Admission
Admission is an act, declaration or omission of a party as to a relevant fact (Rule 130, Sec.
27).

Confession is a categorical acknowledgement of guilt made by an accused of the offense

charged or any offense necessarily included therein (Rule 130, Sec. 34).

Doctrine of Interlocking Confession

if the accused persons voluntarily and independently executed identical confession without
collusion

Bank teller
• admissible ???

Admisison by conduct
• flight from the crime scene
• guilty will always shy away from the crime scene

Problem about declaration against interest and admission by a party (will include on
exam)

• page 509 in Purple Notes

Can a video be used as admission?

• Case: Luswan and Lozada???
 • no, cannot be admitted if not authenticated

Case: Benhur Nepomoceno vs Lopez

• https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/53750
• whether the handwritten note is sufficient to establish filiation as an illegitimate
child? No
• https://www.scribd.com/doc/286050741/Nepomuceno-vs-Lopez-Case-Digest

HEARSAY
Rule 130 Sec 37
Section 37. Hearsay. -Hearsay is a statement other than one made by the declarant while
testifying at a trial or hearing, offered to prove the truth of the facts asserted therein. A
statement is (1) an oral or written assertion or (2) a non-verbal conduct of a person, if it is
intended by him or her as an assertion. Hearsay evidence is inadmissible except as
otherwise provided in these Rules.

A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to
cross-examination concerning the statement, and the statement is (a) inconsistent with the
declarant's testimony, and was given under oath subject to the penalty of perjury at a trial,
hearing, or other proceeding, or in a deposition; (b) consistent with the declarant's testimony
and is offered to rebut an express or implied charge against the declarant of recent
fabrication or improper influence or motive; or (c) one of identification of a person made after
perceiving him or her. (n)

What is Independent relevant statement?

It is a statement which is relevant to the fact in issue independently of whether they are true
or not. (page 46 in Tan), page 460 in Tan also

Rationale of Dying Declaration

Necessity and Trustworthiness

Rationale
When a person is at the point of death, every motive for falsehood is silenced and the mind
is induced by the most powerful consideration to speak the truth.

Exception
Any statement of the deceased or the person of unsound mind may now be received in
evidence, provided that:
1. The statement was made upon the personal knowledge of the deceased or the
person of unsound mind; and
2. It was made at a time when the matter had been recently perceived by him or her,
and while his or her recollection was clear (Rule 130, Sec. 39, as amended).
According to Justice Lloren: Dying man is already in delirium

Case: Pioquinto de Joya

• houseboy of 80 year old woman
• houseboy was involved in drugs
• https://lawphil.net/judjuris/juri1991/nov1991/gr_75028_1991.html

When can admission agaisnt interest cannot be invoked/not available?

Admissions against interest are those made by a party to a litigation or by one in privity with
or identified in a legal interest with such party, and are admissible whether or not the
declarant is available as a witness.

RULE 130 Section 35

Section 35. Unaccepted offer. — An offer in writing to pay a particular sum of money or to
deliver a written instrument or specific personal property is, if rejected without valid cause,
equivalent to the actual production and tender of the money, instrument, or property.
April 22, 2024

Who may not appear in court?

In the Philippines, while the general rule is that parties and witnesses must appear in court
when required, there are specific exemptions to mandatory appearance in court hearings.
These exemptions often depend on the circumstances of the case, the nature of the hearing,
and the individuals involved. Here are some notable exemptions:

1. *Government Officials*: High-ranking government officials, particularly those who hold

positions of national importance, may be exempted from appearing in court due to the duties
and responsibilities of their office. This is generally to avoid disruption of public service.

2. *Health Reasons*: Individuals who are unable to attend due to medical reasons can be
exempted from mandatory court appearances. This usually requires a medical certificate or
doctor's testimony confirming the individual's inability to attend.

3. *Distance and Travel Concerns*: For witnesses or parties living far from the court,
especially those overseas, courts may allow exemptions from appearance or may permit
testimony via deposition or through electronic means such as video conferencing.

VIATORY RIGHT OF WITNESS: If the witness resides more than 100 km from the place where
he is to travel by the ordinary course of travel, or if he is a detention prisoner and no
permission is obtained from the court in which his case is pending, then he cannot be
compelled to attend the trial. The right is available only in CIVIL cases.

4. *Use of Affidavits*: In certain civil cases, testimony may sometimes be given through
affidavits, and the presence of the affiant may not be required unless the court or the
opposing party requests cross-examination.

5. *Minors*: Depending on the nature of the case and the role of the minor, courts may
exempt minors from appearing or provide special accommodations to minimize their
exposure to the court environment.

6. *Sensitive Cases*: In cases involving sensitive issues, such as sexual assault or domestic
violence, courts might allow victims to testify under conditions that limit exposure to the
accused or the public, or even allow for remote or recorded testimony.

7. *Executive Privilege*: Though rare and often controversial, executive privilege may be
invoked by the executive branch to justify the non-appearance of certain officials, arguing
that their duties and responsibilities to the state are imperative.

It's important for individuals who believe they might be exempt from appearing in court to
consult with legal counsel to understand their rights and obligations. Additionally, they
would generally need to file the appropriate motions and provide adequate justification to
the court to be granted an exemption from appearing

RIGHT TO REMAIN SILENT VS SELF-INCRIMINATION

Section 17 Bill of Rights The right "no person shall be compelled to be a witness against
himself," often known as the right against self-incrimination, is a legal protection that
prevents individuals from being forced to testify or produce evidence that would incriminate
themselves. This right is explicitly provided for in the Fifth Amendment to the U.S.
Constitution and is applicable in any legal setting, including criminal trials, civil cases, and
other legal proceedings.

No force, violence, threat, intimidation, or any other means which vitiates the free will shall
be used against him. Any confession obtained in violation of this section shall be
inadmissible in evidence.

Sec 12 Artilce 3 Bill of Rigjts The "right to remain silent" is a related but distinct right, most
commonly referenced in the context of police interrogations. It is part of the Miranda rights
in the United States, which law enforcement officers must read to suspects during arrest or
detention. The right to remain silent allows individuals to refrain from answering questions
or providing statements that could be used against them in a criminal case. This right is a
direct application of the broader right against self-incrimination, ensuring that individuals
understand and can exercise their Fifth Amendment rights from the moment of arrest.

While both rights serve to protect individuals from self-incrimination, the key distinction lies
in their application: the right against self-incrimination applies broadly across all legal
proceedings, while the right to remain silent specifically pertains to interactions with law
enforcement, particularly during investigative and pre-trial stages.

Note: Self Incrimination only applied to criminal cases

WHY IS HEARSAY NOT ADMISSIBLE

• no probative value
• witness cannot be charged with perjury
• you cannot cross examine the witness (violation of constitutional right of acussed)

Hearsay vs Independent Relevant Statement

• page 461 Tan
• Evidence is hearsay when its probative force depends in whole or in part on the
competency and credibility of some persons other than the witness by whom it is
sought to produce.
• As a matter of fact, evidence as to the making of the statement is not secondary but
primary, for the statement itself may constitute a fact in issue or is circumstantially
 relevant as to the existence of such a fact. This is known as the doctrine of
independently relevant statements.

“Dead Man’s Statute” or also known as the “Survivorship Rule”.

• 4 distinctions
• Dead Man's Statute Rule
o "If one party to the alleged transaction is precluded from testifying by death,
insanity, or other mental disabilities, the other party is not entitled to the
undue advantage of giving his own uncontradicted and unexplained account
of the transaction." Thus, the alleged admission of the deceased xxx cannot be
used as evidence against [him] as the latter would be unable to contradict or
disprove the same

o If in doubt as to who died first between 2 or more persons called to succeed

each other.

o Burden of Proof: Whoever alleges the death of one prior to the other shall prove
the same;
o Absent such proof: Presumption is they all died at the same time. There shall
be no transmission of successional rights.

o What are the conditions that may warrant the application of the survivorship
rule?
It applies when the following conditions are present:
1. The parties are heirs to one another
2. There is no proof as to who died first
3. There is doubt as to who died first

• What is the presumption under the survivorship rule?

Presumption of simultaneity of deaths. When two or more persons who
are called to succeed each other, die, they shall be presumed to have
died at the same time.

Requisites:
1. The witness is a Party or assignor of a party to case or persons in whose behalf a
case in prosecuted;

2. The action is Against an executor or administrator or other representative of a

deceased person or a person of unsound mind;

3. The subject-matter of the action is a Claim or demand against the estate of such
deceased person or against person of unsound mind;
 4. His testimony refers to any matter of fact of which occurred Before the death of
such deceased person or before such person became of unsound mind (Sunga-Chan
vs. Chua, G.R. No. 143340, August 15, 2001); and

5. The statement of the deceased or the person of unsound mind was made upon the
personal knowledge of the deceased or the person of unsound mind at a time when
the matter had been recently perceived by him or her and while his or her recollection
was clear

Declaration Against Interest page 509 Purple Notes

Requisites: (DAC-No)
1. The declarant is Dead or unable to testify;
2. The declaration relates to a fact Against the interest of the declarant;
3. At the time he made said declaration the declarant was aware that the same was
Contrary to his aforesaid interest; and
4. The declarant had No motive to falsify and believed such declaration to be true
(People vs. Bernal, G.R. No. 113685, June 19, 1997).

Distinguish Declaration Against Interest vs Admission by Party pgae 509

Question: Can a dying declaration absolve someone

yes, but there must be corroborating evidence/circumstances

General Rule: A statement tending to expose the declarant to criminal liability and offered to
exculpate the accused is not admissible.

Exception: When corroborating circumstances clearly indicate the trustworthiness of the

statement (Rule 130, Sec. 40). (n)
RULE 130 Section 35 Rule 130 Sec. 35
Similar acts as evidence.— Evidence that one did or did not do a certain thing at one time is
not admissible to prove that he or she did or did not do the same or similar thing at another
time; but it may be received to prove a specific intent or knowledge; identity, plan, system,
scheme, habit, custom or usage, and the like.”

RULE 130 Section 36. Unaccepted offer. – An off er in writing to pay a particular sum of
money or to deliver a written instrument or specifi c personal property is, if rejected without
valid cause, equivalent to the actual production and tender of the money, instrument, or
property. (35)
Page 453 in Tan

The requirements for a valid tender of payment are as follows, to wit: (Page 454 in Tan)
1) The offer of payment must be made in writing; and
2] The offer of payment must be followed by the consignation of the amount in court.

Art. 1256 of the New Civil Code.

Art. 1256. If the creditor to whom tender of payment has been made refuses without just
cause to accept it, the debtor shall be released from responsibility by the consignation of
the thing or sum due.

Act or Declaration About Pedigree

page 477 in Tan
1. The actor or declarant is dead or unable to testify;
2. The act or declaration is made by a person related to the subject by birth, adoption,
or marriage or, in absence thereof, with whose family the declarant was so intimately
associated as to be likely to have accurate information concerning his/her pedigree;
3. The relationship between the declarant/actor and the subject is shown by evidence
other than such act/declaration; and
4. The act/declaration was made ante litem motam or prior to the controversy
5. ????

From Ate Sheena:

(a) Declarant is dead or unable to testify;
(b) Necessity that pedigree be in issue;
(c) Declarant must be a relative of the person whose pedigree is in ques
(d) Declaration must be made before the controversy occurred; and
(e) The relationship between the declarant and the person whose pedigree
must be shown by evidence other than such act or declaration.

PROOF OF PROVING FILIATION

There are 4. What???
Filiation may be proven by relevant incriminating verbal and written acts by the putative
father; voluntary recognition by a parent shall be made in the record of birth, a will, a
statement before a court of record, or in any authentic writing; a notarial agreement to
support a child whose filiation is admitted by the putative father was considered acceptable
evidence; letters to the mother vowing to be a good father to the child; pictures of the
putative father cuddling the child on various occasions; and certificate of live birth.
(page 478 Tan)

Baptismat Cert??
• not considered as proof

COMMON REPUTATION
PAGE 483 in Tan
Common reputation is the general or undivided reputation.
Common reputation as used in the law of evidence is equivalent to universal reputation

Q: What is the rule on common reputation?

A: Common reputation existing previous to the controversy, as to boundaries of or customs
affecting lands in the community and reputation as to events of general history important to
the community, or respecting marriage or moral character, may be given in evidence.
Monuments and inscriptions in public places may be received as evidence of common
reputation.

Q: How to prove common reputation?

A: Common reputation may be proved by the following:
1) By testimonial evidence of a competent witness;
2) Monuments and inscriptions in public places;
3) By documents containing statements of reputation.

Q: What are the requisites for common reputation to be applied as an exception to

hearsay evidence rule?
A: Common reputation as an exception to hearsay evidence rule must be concurred by the
following requisites:
1) That the matter to which the reputation referred to is of public or general interest
more than 30 years old;
2) That the reputation is one formed in the community interested;
3) That it existed before any controversy has arisen in the matter sought to be proved
thereby; and
4) That common reputation is with respect to the as to boundaries of or customs
affecting lands in the community and reputation as to events of general history
important to the community, or respecting marriage or moral character.
Q: What is to be proven by common reputation?
A: Common reputation may prove matters on the following:
1) Marriage;
2) Moral character.

RES GESTAE
• availabble to acussed, witness and victim
• page 484 in Tan

Q: What is the rule on res gestae?

A: The rule is that, statements made by a person while a starting occurrence is taking place
or immediately prior or subsequent thereto under the stress caused by the occurrence with
respect to the circumstances thereof, may be given in evidence as part of res gestae. So,
also, statements accompanying an equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.

Rule 130 Section 46 (page 499)

“Sec. 46. Entries in official records. — Entries in official records made in the performance of
his or her duty by a public officer of the Philippines, or by a person in the performance of a
duty specially enjoined by law, are prima facie evidence of the facts therein stated.”

COMMERCIAL LIST AND THE LIKE

page 504 in Tan

“Sec. 47. Commercial list and the like. — Evidence of statements of matter of interest in an
occupation contained in a list, register, periodical, or other published compilation is
admissible as tending to prove the truth of any relevant matter so stated if that compilation
is published for use by a person engaged in that occupation and is generally used and relied
upon by them.”

“Sec. 48. Learned treatises. — A published treatise, periodical or pamphlet on a subject of

history, law, science, or art is admissible as tending to prove the truth of a matter stated
therein if the court takes judicial notice, or a witness expert in the subject testifies, that the
writer of the statement in the treatise, periodical or pamphlet is recognized in his or her
profession or calling as expert in the subject.”
What are the requisites in order that treatises are admissible as evidence? page 506
A: Learned treatises shall be admissible as evidence as an exception to the hearsay evidence
rule provided the following requisites are present:

1) That the court can take judicial notice of it;

2) That a witness expert in the subject of history, law, science and math, testifies that
the writer of the statements of the treatise, periodicals, or pamphlet is recognized in
his profession or calling as expert in the subject.

“Sec. 49. 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
therein, or is unavailable or otherwise unable to testify, given in a former case or proceeding,
judicial or administrative, involving the same parties and subject matter, may be given in
evidence against the adverse party who had the opportunity to cross-examine him or her.”

T or F
In Testimony or deposition, applicable in a judiicial proceeding only? - F
Applicable in Judicial and Admin Proceeding only - F

APPICABLE IN JUDICIAL AND QUASI JUDICIAL only, not applicable in legislative and
administrative.

Sec. 50. Residual exception. (PAGE 512 IN TAN)

What is residual exception?
Q: What are the other statements which are admissible as an exception to hearsay
evidence as residual exception?
A: A statement not specifically covered by any of the foregoing 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 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 justice will be best served
by admission of the statement into evidence.

Q: What are the requirements for the admissibility of the statements?

A: A statement may not be admitted under this exception unless the proponent makes
known to the adverse party, sufficiently in advance of the hearing, or by the pre-trial stage in
the case of a trial of the main case, to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent’s intention to offer the statement and the particulars of it,
including the name and address of the declarant.
April 24, 2024

Section 52. Opinion of expert witness. – The opinion of a witness on a matter requiring
special knowledge, skill, experience, training or education, which he or she is shown to
possess, may be received in evidence. (49a)
page 521 in Tan

Note: expert witness needed in forgery cases

Section 53. Opinion of ordinary witnesses. – The opinion of a witness, for which proper
basis is given, may be received in evidence regarding –
(a) [T]he identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is suffi ciently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior, condition or
appearance of a person. (50a)

Sex vs Gender

Section 54. Character evidence not generally admissible; exceptions. –

– Evidence of a person’s character or a trait of character is not admissible for the purpose of
proving action in conformity therewith on a particular occasion, except:
(a) In Criminal Cases:
(1) The character of the off ended party may be proved if it tends to establish in any
reasonable degree the probability or improbability of the off ense charged.
(2) 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
her bad moral character unless on rebuttal.

(b) In Civil Cases:

Evidence of the moral character of a party in a civil case is admissible only when
pertinent to the issue of character involved in the case.

(c) In Criminal and Civil Cases:

Evidence of the good character of a witness is not admissible until such character has been
impeached.

In all cases in which evidence of character or a trait of character of a person is admissible,

proof may be made by testimony as xto reputation or by testimony in the form of an opinion.
On cross-examination, inquiry is allowable into relevant specifi c instances of conduct.

In cases in which character or a trait of character of a person is an essential element of a

charge, claim or defense, proof may also be made of specific instances of that person’s
conduct.
 • character evidence is not admissible in crimes/ previous crimes committed

Case: Magdalena
Thus, on a charge of rape — character for chastity, on a charge of assault — character for
peaceableness or violence, and on a charge of embezzlement — character for honesty. In
one rape case, where it was established that the alleged victim was morally loose and
apparently uncaring about her chastity, the Court found th conviction of the accused
doubtful (CSC v. Belagan) Tiu page 98

Case: Robert Dela Cerna GR 182941

GR No 11168-61
Wala na prove ug tarong na minor ang child who committted rape against a minor

EVIDENCE POINTERS
Problems: 80 points
MCQ/True or False: Same last midterms
Bonus: Res Inter Alios Acta

Doctrine of Inscrutable Fault

Read: Electronic Evidence