EVIDENCE PRIMER

BASIC CONCEPTS

Evidence - It is the means, sanctioned by the Rules of Court, of ascertaining in

a judicial proceeding the truth respecting a matter of fact.

2 Kinds of Facts:

1. Ultimate fact (factum probandum)- principal, determinate and constitutive

facts upon the existence of which the plaintiff’s cause of action rests.
 does not refer to the details of probative matter or particulars of evidence
by which these material elements are to be established
 proposition to be established, necessarily hypothetical

2. Evidentiary facts (factum probans) – facts which are necessary for the
determination of the ultimate facts
 Premises upon which conclusions of ultimate facts are based.
 Brought forward as a reality to convince the tribunal that the factum
probandum is also real

Factum probandum Factum probans

"ultimate facts" "intermediate facts"
Proposition to be established Material evidencing the
proposition
Hypothetical Existent

Corroborative evidence - It is additional evidence of a different kind and

character tending to prove the same point.

Cumulative evidence - It is additional evidence of the same kind and character

tending to prove the same proposition.

Irrelevant evidence - offered piece of evidence has no probative value

Inadmissible evidence - offered evidence is excluded by some rule of evidence

Incompetent evidence - offered evidence is not qualified under the rules of

testimonial evidence

Immaterial evidence – the offered evidential fact is directed to prove some

probandum which is not proper in issue. The rule of substantive law and of
pleading are what determines immateriality

Conditional Admissibility – evidence is admissible only in dependence upon

other facts. It is received on the express assurance of counsel, when objection
is manifested, that other facts will be duly presented at a suitable opportunity
before the case is closed.
Multiple Admissibility - When a fact is offered for one purpose, and is admissible
in so far as it satisfies all rules applicable to it when offered for that purpose, its
failure to satisfy some other rule which would be applicable to it offered for
another purpose does not exclude it.

Curative Admissibility - A party has the right to introduce incompetent evidence

in his behalf where the court has admitted the same kind of evidence adduced
by the adverse party. This is to prevent manifest injustice.

Collateral Matters – matters other than the facts in issue and which are offered
as a basis merely for inference as to the existence or non-existence of the facts
in issue.

2 axioms of admissibility
1. Only those facts which have rational probative value are admissibile
2. All facts having rational probative value are admissibile unless prohibited by
some specific rule.

INSTANCES WHEN PROOF CAN BE DISPENSED WITH

Instances when proofs can be dispensed with:

1. Res ipsa loquitur
2. Presumptions
3. Judicial notice
4. Judicial admissions

Kinds of presumptions:
1. Conclusive - which the law does not allow to be controverted
2. Disputable - which are satisfactory if uncontradicted, but which may be
contradicted and overcome by other evidence

Judicial Notice – cognizance of certain facts by the court w/o proof because they
are facts, which, by common experience, are of universal knowledge among
intelligent persons w/in a country or community

Requisites of Judicial notice

1. matter of common knowledge
2. well & authoritatively settled and not doubted or uncertain
3. known to be w/in the limits of jurisdiction of the court

Matters that are judicially noticed (mandatory)

1. existence & territorial extent of states
2. forms of gov’t and symbols of nationality
3. law of nations
4. admiralty & maritime courts of the world & their seals
5. political constitution & history of the Philippines
6. laws of nature
7. measure of time
8. geographical divisions and political history of the world
9. facts which are of public knowledge
10. facts which are capable of unquestionable demonstration
11. facts which ought to be known to judges because of their judicial
functions

Discretionary Judicial Notice

1. matters of pubic knowledge
2. capable of unquestionable demonstration
3. ought to be known to judges because of their judicial functions

Occidental Land Transportation v CA

FACTS : A Ford Fiera and a Carina passenger bus collided. The driver of the
Ford died and 2 passengers were injured. The owner of the bus sued the owner
of the Ford. CFI found the driver of the bus negligent. Nine years later, in a
separate civil case, the CFI ordered the bus owner to pay damages based on
facts of the earlier case “as adopted by reference.”
HELD : As a general rule, courts are not authorized to take judicial notice, in
adjudication of cases pending before them, of the contents of the records of
other cases.
Exception > in the absence of objection, with the knowledge of the opposing
party, or at the request or with the consent of the parties, records of previous
case may be admitted as part of the present case.

State Prosecutors v Muro

Facts: Judge dismissed 11 cases against Mrs. Marcos for violation of CB Circular
960 or the CB Foreign Exchange Restrictions. The dismissal was based solely on
newspaper reports concerning the announcement of the president of the
Philippines of the lifting of all foreign exchange restrictions as embodied in the
circular. Judge said that the announcement had the effect of repealing CB 960.
HELD: Matters of judicial notice have 3 requisites: matter of common
knowledge; it must be authoritatively settled; and known to be w/in the limits
of jurisdiction of the court. Judicial notice is not equivalent to judicial
knowledge. The mere personal knowledge of the judge is not the judicial
knowledge of the court, and he is not authorized to make his individual
knowledge of a fact, not generally or professionally known, the basis of his
action. Judicial notice cannot be taken of a statute before it becomes effective.
A law not yet in force and hence still inexistent, cannot be of common
knowledge capable of unquestionable demonstration.

Judicial Admission – admission, verbal or written, made by a party in the

course of the proceedings in the same case; does not require proof.

Atillo v CA
FACTS : Petitioner filed a collection case against L Petitioner claims that L made
a judicial admission of his personal liability in the answer.
HELD : Petitioner took the admissions out of context. The general rule is that
judicial admissions are conclusive upon the party making it and does not
require proof. Exception to the rule is when there is palpable mistake or when
no such admission was in fact made. “Such” means that the statement is not in
the sense in which the admission is made to appear.

RULES OF ADMISSIBILITY

Object Evidence

Object (Real) Evidence – that which is addressed directly to the sense of the
court without the intervention of a witness, as by actual sight, hearing, taste,
smell or touch. A.K.A autoptic proference.

Documentary Evidence

Documentary Evidence – documents as evidence consist of writings or any

material containing letters, words, numbers, figures, symbols or other modes of
written expressions offered as proof of their contents

Original of a document
1. the contents of which are the subject of the inquiry
2. when a document is in two or more copies executed at or about the same
time with identical contents
3. when an entry is repeated in the regular course of the business

Exceptions to the rule that only original documents may be admissible:

1. when the original has been lost or destroyed
2. when the original is in the custody or control of the party against whom it is
offered, and the latter fails to produce it
3. when the original is a public record in the custody of a public officer or is
recorded in a public office
4. when the original consists of numerous accounts or cannot be examined by
the court without great loss of time

Best Evidence Rule

 only original of the document is admissible.
 Merely assures presentation of the original document and bars non-original
documents, etc.. BUT not evidence aliunde or parol evidence
 Refers only to the factum probandum but not to the interpretation of the
document.
 Original must be presented first before evidence aliunde may be presented

 Secondary Evidence- that which shows that better or primary evidence

exists as to the proof of the fact in question.
 It is that class of evidence which is relevant to the fact in issue, it being
first shown that the primary evidence of the fact is not obtainable
When Secondary Evidence is Admissible
1. original has been lost or destroyed
2. prove the existence or execution of the original
3. prove the cause of the unavailability of the original, is not due to the bad
faith of the offeror.

3 Kinds of Secondary Evidence that may be presented:

1. copy of the writing
2. recital of its contents in some authentic document
3. recollection of witnesses in the order stated

 Authentic document – merely means that the document should be genuine.

It need not be a public document

Parol Evidence Rule

 Forbids any addition to or contradiction of the terms of a written instrument
by testimony purporting to show that, at or before the signing, of the
document, other or different terms were orally agreed upon by the parties

Exceptions to the Parol Evidence Rule

(must be alleged in the pleadings) [F-I-V-E]
1. Failure of the written agreement to express the true intent & agreement of
the parties
2. Intrinsic ambiguity
3. Validity of the written agreement
4. Existence of other terms agreed to by the parties

To justify the reformation of a written instrument upon the ground of mistake,

the concurrence of three things is necessary:
1. mistake should be one of fact
2. mistake should be mutual or common to both parties to the instrument
3. mistake should be alleged and proved by clear and convincing evidence

2 kinds of ambiguities
1. patent (extrinsic) where the instrument on its face is unintelligible
2. latent (intrinsic) where the words of the instrument are clear but their
application to the circumstances is doubtful

 the rule permits parol evidence to explain an intrinsic ambiguity

Rules governing admissibility of parol evidence to explain ambiguity

1. where the instrument itself seems clear and certain on its face, and the
ambiguity arises from some extrinsic or collateral matter, the ambiguity may
be helped by parol evidence (latent ambiguity)
2. where the ambiguity consists in the use of equivocal words designing the
person or subject-matter, parol evidence of collateral or extrinsic matter
may be introduced for the purpose of aiding the court in arriving at the
meaning of the language used (intermediate ambiguity)
3. where the ambiguity is such that a perusal of the instrument shows plainly
that something more must be added before the reader can determine what
of several things is meant, the rule is inflexible that parol evidence cannot
be admitted to supply the deficiency (patent ambiguity)

Difference between best evidence rule and parol evidence rule

Best Evidence Parol Evidence

Documents All kinds Agreements, contracts, wills

What is Secondary evidence; Any oral, written evidence to

excluded copies prove contents; prior/
contempora-neous with the
contract
What is Only originals
included
Exceptions Lost or destroyed; Ambiguity;
in the possession of the Does not express the true
adverse party; or intent of the parties;
in the possession of a Validity is in question;
public officer Subsequent changes
Procedure Existence Exception must be put in issue
Execution in the complaint or answer ( as
Loss an affirmative defense)
Contents
*objection should be
made ASAP
Purpose To compel litigants to To preserve agreements
present only the
originals. Draft the contract carefully

For the parties to always Go into the interpretation of

keep the originals the contents of the contract
Issue Contents of the writing No issue as to the contents of
the writing
Secondary evidence is The purpose of the offer of
offered to prove the parol evidence is to change,
contents of a writing vary, modify, qualify or
which is not allowed contradict the terms of a
unless the case falls complete written agreement
under any of the which is not allowed unless the
exceptions case falls under any of the
exceptions

Mactan Cebu Int’l Airport Authority v CA (263 SCRA 736)

Facts : In 1949, the officers of the National Airport Corporation informed the
owners of various lots surrounding Lahug Airport that the government will
purchase their lands or expropriate it. They assured the owners that the
properties will be returned when it is no longer being used by the airport. O
hesitantly sold her lot and she was reassured that it will be returned. V, before
signing the deed of sale, asked for a rider or certification that the land will be
returned to him. The rider was issued. Later, O’s grandchildren wanted to
repurchase their grandmother’s property. Their request on the ground that the
deed of sale to O did not contain any condition relating to the right to
repurchase (no rider like that of V.)
Held : The Os can repurchase. The right to repurchase can be sufficiently
established by parol evidence. Where a parol contemporaneous agreement
was the moving cause of the written contract, and it appears that the written
contract was executed on the faith of the parol contract or representation, such
evidence is admissible. Proof is admissible if any collateral parol agreement
that is not consistent with the terms of the written contract although it may
relate to the same subject matter. The rule excluding parol evidence to vary or
contradict a writing does not extend so far as to preclude the admission of
existing evidence to show prior or contemporaneous collateral parol
agreements between the parties, but such evidence may be received
regardless of WON the written agreement contains any reference to such
collateral agreement and WON the action is at law or equity. Besides the
petitioner made no objection when the respondent introduced evidence to
show the right to repurchase.

Classes of Documents

(1) Public, consisting of:

(a) The written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether of the
Philippines, or of a foreign country;

Note: These documents are evidenced by either:

(1) official publication thereof; or

(2) a copy attested by the officer having the legal custody of the record,
or by his deputy. The attestation must state, in substance, that the
copy is a correct copy of the original copy, or a specific part thereof,
and must be under the official seal of the attesting officer or his court.

If the record is not kept in the Philippines, in addition to the foregoing

requirements, there must be a certificate that such officer has the
custody.

(b) Documents acknowledged before a notary public, except last wills and
testaments; and
 Note: Notarial documents may be presented in evidence without further
proof. The certificate of acknowledgement is prima facie evidence of the
execution of the instrument or document involved.

(c) Public records, kept in the Philippines, of private documents required by

law to be entered therein.

Note: These documents may be proved by:

(a) the original record, or

(b) a copy thereof attested by the legal custodian of the record, with an
appropriate certificate that such officer has the custody.

(2) Private, consisting of all other writings.

Note: Before any private document offered as authentic is received in

evidence, its due execution and authenticity must be proved either by:

(1) Anyone who saw the document executed or written; or

(2) Evidence of the genuineness of the signature or handwriting of the

maker.

Any other private document need only be identified as that which it is

claimed to be.

A judicial record may be impeached by evidence of:

(1) Want of jurisdiction in the court or judicial officer;
(2) Collusion between the parties; or
(3) Fraud in the party offering the record, in respect to the proceedings

Documents that do not need to be authenticated:

(1) Public documents;
(2) Notarial documents;
(3) Ancient documents

Ancient Document Rule - Where a private document is:

(1) more than 30 years old,
(2) is produced from a custody in which it would naturally be found if genuine,
and
(3) is unblemished by any alterations or circumstances of suspicion
no other evidence of its authenticity need be given. (Rule 132, Sec. 21)
In what Instances must alterations in documents be accounted for by the
producing party?

(1) The document being produced as genuine has been altered;

(2) The alteration appears to have been done after the execution of the
document;
(3) The alteration appears to have been in a part material to the question in
dispute.

What explanations are satisfactory so as to make the altered document

admissible in evidence?

The producing party must show that the alteration was:

(1) made by another;

(2) made without his (the producing party’s) concurrence;
(3) made with the consent of the parties affected by it;
(4) otherwise properly or innocently made; or
(5) such that it did not change the meaning or language of the instrument.

Interpretation of Documents
 Construction is the process or the art of determining the sense, real
meaning, or proper explanation of obscure or ambiguous terms or provisions
in a statute, written instrument or oral agreement, or the application of such
subject to the case in question
 Interpretation is the art or process of discovering and expounding the
meaning of a statute, will, contract or other written document

Rules in the interpretation of documents

(1)legal meaning the writing bears in the place of its execution;
(2)all provisions must be given effect;
(3)intention of the parties must be pursued;
(4)a particular intent will control a general intent inconsistent with it;
(5)circumstances of execution may be shown;
(6)terms are presumed to have been used in their primary and general
acceptation; but evidence is admissible to show an otherwise peculiar
signification;
(7)written words control printed;
(8)experts & interpreters can be used to explain characters difficult to be
deciphered or language not understood by the court;
(9)when terms were intended in different senses, that sense is to prevail
against either party in which he supposed the other understood it;
(10) when different constructions are otherwise equally proper, the one most
favorable to the party in whose favor the provision was made will be taken;
(11) construction in favor of natural right;
(12) instrument may be construed according to usage

Testimonial Evidence
GENERAL RULE: The following are not grounds for disqualification:

(1) Religious belief;

(2) Political belief;
(3) Interest in the outcome of the case; and
(4) Conviction of a crime

Exception: When provided for by law.

Grounds for disqualification enumerated in the Rules on Evidence:

Disqualification by reason of:
(1) Mental incapacity
(2) Immaturity
(3) Marriage
(4) Death or insanity of adverse party
(5) Privileged communication

Distinguish between the marital disqualification rule and the privileged marital
communication rule.

Marital Disqualification Privileged Marital

Disqualification

Extent of Total. All testimony, Only confidential

prohibition whether adverse or not, communication.
regardless of source.

Should either YES. Not necessarily.

spouse be a
party?

Marriage YES. Not necessarily.

subsisting at
time of
testimony?

Who can invoke The affected spouse The other spouse

Operability of the Ceases upon death of Continues even after

rule either spouse, or the termination of the
termination of the marriage.
marriage.

Privileged Communications

1. Marital Confidential communication

Requisites:
a. spouses are legally married
b. privilege is claims with regard to a communication, oral or written, made
during the marriage
c. said communication was made confidentially
d. action or proceeding where the privilege is claimed is not by one against the
other

3. Attorney-Client Privileged Communication

Requisites:
a. legal advice of any kind is sought
b. from a professional legal adviser in his capacity as such
c. the communications relating to that purpose
d. made in confidence
e. by the client
f. are at his instance permanently protected
g. from disclosure by himself or by the legal adviser
h. except that the protection may be waived

4. Physicians and clients

Requisites:
a. civil case
b. person against whom the privilege is claimed is one duly authorized to
practice medicine, surgery or obstetrics
c. such information was acquired while he was attending to the patient in his
professional capacity
d. the information was necessary to enable him to act in that capacity, and if
disclosed, shall blacken the reputation of the patient

5. Priest and penitent

Requisites:
a. clergyman or priest and a penitent
b. confession of a penitential character
c. made to the priest in his professional character
d. confession is sanctioned by the church to which the priest or religious officer
belongs

6. Public officers
Requisites:
a. confidential communication
b. made to or obtained by a public officer
c. obtained in the exercise of his public function
d. disclosure of the communication would be detrimental to the public interest

Parental and Filial privilege - No person may be compelled to testify against his
parents, other direct ascendants, children, or other direct descendants.
Notes:
 This provision does not apply to spouses.
 This provision means that you may testify if you want, but you may not be
compelled to testify.
 This provision is subject to the qualification in Sec. 215 of the Family Code,
i.e. a descendant may be compelled to testify against parents and
grandparents IF the testimony is indispensable in a crime against the
descendant or by one parent against the other.

Admissions and Confessions

Admission - It is an act, declaration or omission as to a relevant fact. It may be

given by a party (in which case Rule 130, Sec. 26 will be applicable) or by a
third-party.

Gen. Rule: Confessions of a defendant made to witnesses are admissible

against him, but are inadmissible against his co-defendant
Exception:
a. confessions on the stand
b. confessions not objected to
c. adopted confession
d. identical confession
e. corroborated confession
f. confession by conspirator (after conspiracy has been shown & proven)

Self-serving declaration - a declaration wherein:

(1) the testimony is favorable to the declarant;
(2) it is made extrajudicially; and
(3) it is made in anticipation of litigation.

Self-serving declarations are not admissible.

Requisites for the admissibility of an admission:

(1) must involve matters of fact and not of
law;
(2) must be categorical and definite;
(3) must be knowingly and voluntarily
made;
(4) must be adverse to the admitter’s
interest

Confession - It is the declaration of an accused acknowledging his guilt of the

offense charged, or of any offense necessarily included therein.

Differentiate an admission from a confession.

Admission Confession

Definition Statement of fact which Declaration

does not involve an acknowledging one’s
 acknowledge-ment of guilt guilt of the offense
or liability charged

Form May be express or tacit Must be express

Made by Party or 3rd person Party himself

Cases in which Both criminal and civil Usually criminal cases

applicable cases

Differentiate an admission and confession in criminal cases.

Admission Confession

Definition Statement by the accused, Acknowledgment in

direct or implied, of facts express terms by a
pertinent to the issue and party in a criminal
tending, in connection with case of his guilt of the
proof of other facts, to crime charged
prove his guilt

Sufficiency to Insufficient. Tends only to Sufficient

authorize a establish the ultimate fact
conviction of guilt.

Differentiate the effects of judicial and extrajudicial confessions.

A judicial confession is sufficient in itself to sustain a conviction, even in capital

offenses. On the other hand, an extrajudicial confession is insufficient in itself
to sustain a conviction. It must be corroborated by evidence of the corpus
delicti

Requisites for the admissibility of extrajudicial confessions?

(1) Must involve an express and categorical acknowledgment of guilt (US v.

Corales);
(2) The facts admitted must be constitutive of a criminal offense (US v. Flores);
(3) Must have been given voluntarily (People v. Nishishima);
(4) Must have been made intelligently (Bilaan v. Cusi)
(5) Must have been made with the assistance of competent and independent
counsel (Art III, Sec. 12, 1987 Constitution)

Rules governing extrajudicial confessions:

General Rule: :The extrajudicial confession of an accused is binding only upon
himself and is not admissible against his co-accused.

Exceptions:

(1) Interlocking confessions, i.e. extrajudicial confessions independently made

without collusion which are identical with each other in their material
respects and confirmatory of the other (People v. Encipido);

(2) If the co-accused impliedly acquiesced in or adopted said confession by not

questioning its truthfulness (People v. Orenciada);

(3) Where the accused admitted the facts stated by the confessant after being
apprised of such confession (People v. Narciso);

(4) If the accused are charged as co-conspirators of the crime which was
confessed by one of the accused and said confession is used only as
corroborative evidence (People v. Linde);

(5) Where the confession is used as circumstantial evidence to show the

probability of participation by the co-conspirator (People v. Condemena);

(6) Where the confessant testified for his co-defendant (People v. Villanueva);

(7) Where the co-conspirator’s extrajudicial confession is corroborated by other

evidence of record (People v. Paz)

Rules on offer of compromise

Civil cases: Not admission of liability; not

admissible in evidence against offeror
Criminal cases: Admissible against
accused as implied admission of guilt
Exceptions:
(1) Quasi-offenses (criminal negligence)
(2) Those offenses allowed by law to be compromised (e.g., Sec. 204,
NIRC of 1977)

The following are not admissions of liability or guilt and are therefore not
admissible in evidence:

(1) Plea of guilty later withdrawn;

(2) Unaccepted offer of plea of guilty to a lesser offense;
(3) Offer to pay or payment of medical, hospital or other expenses
occasioned by an injury
res inter alios acta rule - the rights of a party cannot be prejudiced by an act,
declaration or omission of another (i.e. a non-party), except in the following
instances:

1. by partner, agent or other person jointly interested with the party

Requisites:
a. the partnership, agency or joint interest is proven by evidence other than
the act or declaration sought to be admitted
b. the admission is within the scope of the partnership, agency or joint interest
c. admission was made while the agency, p’ship or joint interest was in
existence

2. by conspirator
Requisites:
a. conspiracy is first proved by evidence other than the admission itself
b. admission relates to the common object
c. that it has been made while the declarant was engaged in carrying out the
conspiracy

3. by privies
Requisites:
1. Relation of privity between party and declarant;
2. Admission was made by the declarant as predecessor-in-interest, while
holding title to the property;
3. The admission was in relation to said property.

Requisites for admission by silence:

(1) Hearing and understanding of the statement by the party;
(2) Opportunity and necessity of denying the statements;
(3) Statement must refer to a matter affecting his right;
(4) Facts were within the knowledge of the party;
(5) Facts admitted or the inference to be drawn from his silence would be
material to the issue (Regalado)

Distinguish :
Self-serving declaration Declaration against interest
Not admissible since introduction Admissible notwithstanding its
would open door to frauds and hearsay character
perjuries

Admission Declaration against interest

Not necessarily against the interest Always a declaration against self-
of person who made the admission interest
May be used although person Refers to declaration made by a
making the admission is still alive deceased person
May be used only against the Admissible against 3rd persons
admitter & those identified with
him in legal interest

Hearsay Evidence rule - A witness can testify only to those facts which he
knows of his personal knowledge.

Independently relevant statement - It is a statement whose probative value is

independent of its truth or falsity. The mere fact of its utterance is relevant,

2 kinds of independently relevant statements:

(1) Statements which are the very facts in issue;
(2) Statements which are circumstantial evidence of the facts in issue
(Francisco)

Reasons for Excluding Hearsay

1. irresponsibility of the original declarant
2. depreciation of truth in the process of repetition
3. opportunities for fraud would open
4. tendency of such evidence to protect legal inquiries, and encourage the
substitution of weaker for stronger proofs.

Exceptions to Hearsay Rule

1. Dying declaration
Requisites:
a. death is imminent
b. declarant is conscious of his impending death
c. declaration refers to material facts which concern the identity of the
deceased or the accused, the cause & circumstances of the killing
d. declarant would be competent to testify had he survived
e. any case wherein the subject is his death

2. Declaration against interest

Requisites:
a. declarant would not be available to testify (dead, mentally incapacitated
incompetent etc..)
b. declaration must concern a fact cognizable by declarant
c. circumstances must render it improbable that a motive to falsify existed

3. Act or declaration against pedigree

Requisites:
a. declarant is dead or unable to testify
b. pedigree must be in issue
c. declarant must be a relative of the person whose pedigree is in question
d. declaration must be made before the controversy occurred – ante-litem
motam
4. family reputation or tradition regarding pedigree
Requisites:
a. tradition or reputation is one existing in the family
b. reputation or tradition was formed ante-litem motam
c. witness testifying to the reputation or tradition is a member of the family

5. Common reputation
Requisites:
a. that the matter to which the reputation refers to is of public or general
interest and more than 30 years old
b. that the reputation is one formed in the community interested
c. it existed ante litem motam

6. Part of the res gestae

a. spontaneous exclamations
Requisites:
1) the principal fact, the res gestae, must be a startling occurrence
2) statements must have been made before the declarant had time to contrive
or devise
3) statements must concern the occurrence in question and its immediately
attending circumstances

b. Contemporaneous statements or verbal acts

Requisites:
1) conduct characterized by the words must be independently material to the
issue
2) conduct must be equivocal
3) words must aid in giving legal significance to the conduct
4) words must accompany the conduct

Spontaneous exclamations Contemporaneous or verbal

act
Res gestae is the startling Res gestae is the equivocal act
occurrence
Exclamation may be prior to, Verbal act must be
simultaneous with or subsequent contemporaneous with or must
to the startling occurrence accompany the equivocal act

7. entries in the course of business

Requisites:
a. entrant made the entries in his professional capacity or in the performance
of a duty
b. entrant is dead, outside of the Phils. or unable to testify
c. entries were made in the ordinary course of business or duty
d. entries were made at or near the time of the transaction to which it relates
e. entrant was in a position to know the facts stated in the entry
f. there must be more than one entry

8. Entries in official records

Requisites:
a. entry was made by a public officer or by another person specially enjoined
by law to do so
b. made in the performance of his duties or by another person in the
performance of a duty specially enjoined by law
c. the public officer or the other person had sufficient knowledge of the facts
by him stated, acquired by him either personally or thru official channels
connected with the exercise of his public functions

9. Commercial lists and the like

10. Learned treatises

11. Testimony or deposition at a former proceeding

Requisites:
a. testimony was rendered in a former case
b. identity of parties
c. identity of subject matter
d. adverse party had opportunity to cross-examine the witness
e. witness is dead, outside of the Phils., pr unable to testify in the subsequent
trial

The Opinion Rule

The opinion of a witness is not admissible, except in the following cases:

(1) On a matter requiring special knowledge, skill, experience or training which

he possesses, that is, when he is an expert thereon;

(2) Regarding the identity or the handwriting of a person, when he has

knowledge of the person or handwriting, whether he is an ordinary or
expert witness;

(3) On the mental sanity of a person, if the witness is sufficiently acquainted

with the former or if the latter is an expert witness;

(4) On the emotion, behavior, condition or appearance of a person which he

has observed; and

(5) On ordinary matters known to all men of common perception, such as the
value of ordinary household articles (Galian v. State Assurance Co., Ltd.)

Rules on Character Evidence

GENERAL RULE: Not admissible.

Exceptions:

(a) In criminal cases:

 (1) Accused may prove his good moral character which is pertinent to the
moral trait involved in the offense charged.

(2) Prosecution may only prove accused’s bad moral character pertinent to
the moral trait involved in the offense charged during rebuttal.

(3) The good or bad moral character of the offended party may be proved
if it tends to establish in any reasonable degree the probability or
improbability of the offense charged.

(b) In civil cases

Evidence of the moral character of a party is admissible only when

pertinent to the issue of character involved in the case.

(c) Evidence of a witness’ good moral

character is admissible only once such character has been impeached.

Burden of Proof and Presumptions

 matters which need not be proved by a party to an action are:

1. allegations contained in the complaint or answer immaterial to the issues
2. facts which are admitted or which are not denied in the answer, provided
they have been sufficiently alleged
3. those which are the subject of an agreed statement of facts between
parties, as well as those admitted by the party in the course of the
proceedings in the same case
4. those subject to judicial notice
5. facts which are legally presumed
6. facts peculiarly w/in the knowledge of the opposite party

What are the rules on impeachment of witnesses?

GENERAL RULE: The party producing a witness is not allowed to impeach his
credibility.

Exceptions:

(1) Unwilling or hostile witness;

A witness may be considered as unwilling or hostile only if so declared

by the court upon adequate showing of:

(a) his adverse interest,

(b) unjustified reluctance to testify; or
 (c) his having misled the party into calling him to the witness
stand. (Rule 132, Sec. 12)

(2) Witness who is an adverse party;

(3) Officer, director, or managing agent of a public or private corporation

or of a partnership or association which is an adverse party.

In these instances, such witnesses may be impeached by the party

presenting him in all respects as if he had been called by the adverse party,
except by evidence of his bad character.

How may an adverse party’s witness be impeached?

(1) By contradictory evidence;

(2) By evidence that his general reputation for truth, honesty, or integrity is
bad;

(3) By evidence that he has made at other times statements inconsistent with
his present testimony (a.k.a. “prior inconsistent statements”)

Laying the predicate -

(a) Confronting the witness with the prior inconsistent statements with the
circumstances under which they were made;

(b) Asking him whether he made such statements; and

(c) Giving him a chance to explain the inconsistency. (Rule 132, Sec. 13)

A witness may not be impeached by evidence of particular wrongful acts.

Except that it may be shown by the
examination of the witness, or the record of the judgment, that he has
been convicted of an offense.

Leading question - It is a question which suggests to the witness the answer

which the examining party desires. It is not allowed, except:

1. On cross-examination;
2. On preliminary matters;
3. When there is difficulty is getting direct and intelligible answers from a
witness who is ignorant, or a child of tender years, or is of feeble-mind, or a
deaf-mute
4. Of an unwilling or hostile witness; or
5. Of a witness who is an adverse party or an officer, director, or managing
agent of a public or private corporation or of a partnership or association which
is an adverse party

Misleading question - A misleading question is one which assumes as true a

fact not yet testified to by the witness, or contrary to that which he has
previously stated. It is not allowed.

What are the rights of a witness?

(1) To be protected from irrelevant, improper, or insulting questions, and from

harsh or insulting demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;
(4) Not to give an answer which will tend to subject him to a penalty for an
offense unless otherwise provided by law; or

(5) Not to give an answer which will tend to degrade his reputation, unless it be
to the very fact at issue or to a fact from which the fact in issue would be
presumed. But a witness must answer to the fact of his previous final
conviction for an offense.

Exceptions to the rule against repetition of objections

1. where the question has not been answered, it is necessary to repeat the
objection when the evidence is again offered or the question again asked
2. evidence of the same kind as that previously admitted over objection
3. incompetency is shown later
4. objection refers to preliminary question it must be repeated when the same
question is again asked during the introduction of actual evidence
5. objection to evidence was sustained but reoffered at a later stage of the trial
6. evidence is admitted on condition that its competency or relevance be
shown by further evidence and the condition is not fulfilled, the objection
formerly interposed must be repeated or a motion to strike out the evidence
must be made
7. where the court reserves the ruling on objection, the objecting party must
request a ruling or repeat the objection

Distinction between presumption of innocence and reasonable doubt

Presumption of Innocence Reasonable Doubt
Conclusion drawn by law in favor of Condition of mind produced by
citizens proof resulting from evidence in
the case
Evidence introduced by law to be Result of insufficient proof
considered by the court

OFFER AND OBJECTION

Offer of evidence. - The court shall consider no evidence which has not been
formally offered. The purpose for which the evidence is offered must be
specified.

When to make offer:

Testimony of a witness - at the time the witness is called to testify.
Documentary and object evidence - after the presentation of a party's
testimonial evidence. Such offer shall be done orally unless allowed by the
court to be done in writing.

Objections:
- Objection to evidence offered orally must be made immediately after the offer
is made.
- Objection to a question propounded in the course of the oral examination of a
witness shall be made as soon as the grounds therefor shall become reasonably
apparent.
- An offer of evidence in writing shall be objected to within three (3) days after
notice of the offer unless a different period is allowed by the court.
- The grounds for the objections must be specified.

When repetition of objection unnecessary. - When it becomes reasonably

apparent in the course of the examination that the questions asked are of the
same class as those to which objection has been made (whether sustained or
overruled), it shall not be necessary to repeat the objection, it being sufficient
for the adverse party to record his continuing objection to such class of
questions.

Ruling:

The ruling of the court must be given immediately after the objection is made,
unless the court desires to take a reasonable time to inform itself on the
question presented; but the ruling shall always be made during the trial and at
such time as will give the party against whom it is made an opportunity to
meet the situation presented by the ruling.

The reason for sustaining or overruling an objection need not be stated. If the
objection is based on two or more grounds, a ruling sustaining the objection on
one or some of them must specify the ground or grounds relied upon.

Striking out answer. - Should a witness answer the question before the adverse
party had the opportunity to voice fully its objection to the same, and such
objection is found to be meritorious, the court shall sustain the objection and
order the answer given to be stricken off the record.

On motion, the court may also order the striking out of answers which are
incompetent, irrelevant, or otherwise improper.

Tender of excluded evidence:

- If documents or things offered are excluded by the court, the offeror may
have the same attached to or made part of the record.
- If the evidence excluded is oral, the offeror may state for the record the name
and other personal circumstances of the witness and the substance of the
proposed testimony.

Weight and Sufficiency of Evidence

Preponderance of evidence - In determining where the preponderance or

superior weight of evidence on the issues involved lies, the court may consider
all the facts and circumstances of the case, the witnesses' manner of testifying,
their intelligence, their means and opportunity of knowing the facts to which
they are testifying, the nature of the facts to which they testify, the probability
or improbability of their testimony, their interest or want of interest, and also
their personal credibility so far as the same may legitimately appear upon the
trial. The court may also consider the number of witnesses, though the
preponderance is not necessarily with the greater number.

Proof beyond reasonable doubt - does not mean such a degree of proof as,
excluding possibility of error, produces absolute certainty. Moral certainty only
is required, or that degree of proof which produces conviction in an
unprejudiced mind.

An extrajudicial confession made by an accused, shall not be sufficient ground

for conviction - unless corroborated by evidence of corpus delicti.

Circumstantial evidence is sufficient for conviction if:

(a) There is more than one circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances' is such as to produce a
conviction beyond reasonable doubt.

Substantial evidence - that amount of relevant evidence which a reasonable

mind might accept as adequate to justify a conclusion.

Power of the court to stop further evidence. - The court may stop the
introduction of further testimony upon any particular point when the evidence
upon it is already so full that more witnesses to the same point cannot be
reasonably expected to be additionally persuasive. But this power should be
exercised with caution.

Evidence on motion. - When a motion is based on facts not appearing of record

the court may hear the matter on affidavits or depositions presented by the
respective parties, but the court may direct that the matter be heard wholly or
partly on oral testimony or depositions.