EVIDENCE

CHAPTER I – PRELIMINARY CONSIDERATIONS 5. Law/rule presumes the truth of a fact (Legal

Presumptions)
A. Basic Principles - E.g. In the case of common
carriers, negligence thereof is
Definition of evidence presumed in case of death/injuries
Evidence is the means, sanctioned by the Rules to passengers or when goods on
of Court, of ascertaining in a judicial proceeding the board a common carrier are
truth respecting a matter of fact. (Sec. 1, Rule 128) lost/destroyed/deteriorated;
Constitutional presumption of
Reason why necessary to present evidence innocence
Presumption that the court is not aware of the
veracity of the facts involved in a case. Application of Rules on Electronic Evidence
These rules apply only to civil actions, quasi-
Actual truth vis-à-vis judicial truth judicial proceedings and administrative proceedings.
The limitations of human judicial systems cannot They do not apply to criminal actions.
always guarantee knowledge of the actual/real truth.
Judicial truth is that which is ascertained by means of Evidence in civil cases distinguished from
evidence. evidence in criminal cases

Rules on evidence not applicable in the Civil Cases Criminal Cases

following proceedings: Preponderance of Proof beyond reasonable
1. Election; evidence doubt
2. Land registration; Offer of compromise not Offer of compromise an
3. Cadastral; an admission of any implied admission of
4. Naturalization; liability. guilty (except those
5. Insolvency; involving quasi-
6. Others offenses/criminal
Nevertheless, the rules may be applied by negligence)
analogy or in a suppletory character and whenever Generally no Constitutional
practicable and convenient. (Sec. 4, Rule 1) presumption for or presumption of innocence
against a party except in
Administrative bodies not bound by the certain cases (eg.
technical rules of evidence common carriers)
Hence, it has been held that administrative Dying declaration not Dying declaration
agencies such as the NLRC are allowed to accept applicable applicable
evidence for the first time on appeal (Sasan, Sr. v.
NLRC). Proof vs. Evidence
Documents that are not authenticated and even Proof is the probative effect of evidence and is
mere photocopies are admissible in administrative the conviction or persuasion of the mind resulting
proceedings. from a consideration of the evidence, while evidence
Despite this, still, the basic rule that a mere is the medium of proof. In other words, proof is the
allegation is not evidence cannot be disregarded result of evidence.
(Marcelo v. Bungubung).
Factum probandum vs. Factum probans
Evidence not always required Factum probamdum is the fact to be proved,
Evidence is the means of proving a fact. Hence, if while factum probans is the probative or evidentiary
there is no factual issue, there is no need to present fact tending to prove the fact in issue.
evidence. In civil cases, the factum probandum refers to
the elements of the cause of action; in criminal cases,
Instances where evidence not needed it refers to the elements of the crime.
1. Only question of law involved; Example:
2. Judicial notice; In a civil case for damages based on quasi-
3. Pleading do not tender an issue of fact; delict, the factum probandum would be the elements
4. Parties agree to dispense with presenting of quasi-delict—(a) damage, (b) fault or negligence of
evidence; defendant, and (c) causal connection. And the factum

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probans would be the totality of the evidence to Court may disallow evidence even if relevant
prove those aforesaid elements. and competent when its admission will*:
1. Cause undue prejudice;
Elements of illegal sale of 2. Only confuse the issue;
prohibited/dangerous drugs: 3. Cause undue delay; or
1. Identity of the buyer and seller, the object, 4. Amount to needless presentation of
and the consideration; and cumulative evidence
2. The delivery of the thing sold and the
payment therefor. Relevant evidence
Neither law nor jurisprudence requires the To be relevant, the evidence must have such a
presentation of any money/marked money used in a relation to the fact in issue as to induce belief in its
buy-bust operation (People v. Almodiel). existence or non-existence.
Relevance requires that the immediate fact must
Elements of illegal possession of dangerous have connection to the ultimate issue.
drugs: The test to determine relevancy of evidence is
1. The accused is in possession of an item or one of logic, common sense and experience. It is a
object which is identified to be a prohibited matter of relationship between the evidence and the
drug; fact in issue. Its determination is a matter of
2. Such possession is not authorized by law; inference and not of law.
and
3. The accused freely and consciously Collateral matters
possessed the said drug A matter is collateral if there is no direct
connection between the evidence and the matter in
Corpus delicti dispute.
Corpus delicti refers to the fact of the A common example of a collateral matter is the
commission of the crime charged15 or to the body or motive of a person in committing a crime.
substance of the crime. In its legal sense, it does not  Motive, if coupled with other
refer to the ransom money in the crime of kidnapping circumstantial evidence, may prove a
for ransom or to the body of the person murdered.18 crime.
Hence, to prove the corpus delicti, it is sufficient for
the prosecution to be able show that (1) a certain fact When collateral matters are allowed
has been proven — say, a person has died or a GR: Evidence on a collateral matter is not allowed.
building has been burned; and (2) a particular person XPN: If it tends in any reasonable degree to establish
is criminally responsible for the act. the probability or improbability of the fact in issue
(Sec. 4, Rule 128) or if it corroborates or supplements
Rules on evidence liberally construed facts previously established by direct evidence.
Rules of procedure are mere tools intended to Examples:
facilitate rather than frustrate the attainment of 1. Evidence of good moral character admissible
justice, hence, they must be liberally construed. which is pertinent to the moral trait involved
in the offense charged (also applies in civil
Rules on evidence waivable cases);
GR: Rules on evidence may be waived, such as 2. Evidence of the good character of a witness
when an otherwise objectionable evidence is not is admissible if his character has been
objected to. previously impeached.
XPN: Public policy considerations, such as with
respect to a privileged communication involving state Collateral matters that may be relevant to the
secrets communicated to a public officer. fact in issue*
1. Antecedent Circumstances, or those in
B. Admissibility of Evidence existing even prior to the commission of the
crime. They include such matters as habit,
Twin requisites for admissibility of evidence custom, bad moral character when self-
1. Must be relevant; and defense is invoked; or plan design,
2. Must be competent conspiracy, or premeditation, agreement to a
To be admissible, the evidence must be BOTH price, promise or reward;
relevant and competent. Relevance means that the 2. Concomitant circumstances or those
evidence must have a logical connection with the fact which accompany the commission of the
in issue, and competence means that the evidence crime such as opportunity to do the act or
must not be excluded by the rules. incompatibility; and

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 - Evidence of opportunity is A witness is competent if he is eligible to take the
important in the following cases: stand and testify.
i. No direct evidence that the
accused committed the General objections on the ground of
crime; incompetency not allowed; general objections
ii. Opportunity may not be disfavored
exclusive to him if other You cannot just object to the reception of
circumstances are present. evidence on the general ground of incompetency. You
- Evidence of incompatible must point out specific law/rules excluding it.
concomitant circumstance is useful
when it is shown that the accused Admissibility vs. Weight/Probative Value
could not have committed the Admissibility refers to the question of whether
crime. An example is when two or not the evidence is to be considered at all, while
persons were accused of conspiracy probative value refers to the question of whether or
to commit murder. There was no not the evidence proves an issue. Probative value of
proof of conspiracy, hence, the one evidence pertains to its tendency to convince and
shot the gun would be the one persuade.
convicted. Evidence may be admissible but totally unworthy
3. Subsequent circumstances or those of belief, hence, have little probative value.
which occur after the commission of the
crime, such as flight, escape, concealment, Multiple admissibility
offer of compromise 1. When a proferred evidence is admissible for
- Examples of subsequent collateral two or more purposes.
facts that show probable guilt: - Example 1: A private document
i. Flight; may be offered and admitted in
ii. Concealment; evidence both as documentary
iii. Nervousness; (contents) and object (existence,
iv. Despair; condition or any purpose other than
v. Fingerprints/footprints; contents).
vi. Articles left by the - Example 2: A declaration of a dying
accused; person may be admissible as a
vii. Resemblance; dying declaration (Sec. 37, Rule
viii. Bloodstains; 130)1 or part of the res gestae
ix. Offer of compromise; and (Sec. 42, Rule 130)2.
x. Possession of stolen 2. When evidence is inadmissible for one
articles/counterfeit notes purpose but admissible for another or vice
versa.
Evidence on the credibility of a witness always 3. Evidence admissible against one party but
relevant not against another.
Because it has the inherent tendency to prove or
disprove the truthfulness of his assertion and Conditional admissibility
consequently, the probative value of the proferred Proponent of evidence may ask the court that the
evidence. evidence be conditionally admitted in the meantime,
subject to the condition that he is going to establish
Test of credibility its relevancy and competency at a later time.
For evidence to be believed, it must not only If the proponent does not make do of his
proceed from the mouth of a credible witness, but promise, the court may, upon motion of the adverse
must be credible in itself such as if it conforms to party, strike out from the record the evidence that
common knowledge or experience. was previously conditionally admitted.

Competent evidence Doctrine of curative admissibility

Competent evidence is one that is not excluded This allows a party to introduce otherwise
by law or rules in a particular case. inadmissible evidence to answer the opposing party’s
If the test of relevance is logic and common previous introduction of inadmissible evidence if it
sense, the test of competence is the law or rules.

Competent witness is different from competent

1
Statement made while declarant was conscious of an impending
evidence death.
2
Statement made while a startling occurrence is taking place or
immediately prior or subsequent thereto.

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would remove any unfair prejudice caused by the Cumulative evidence refers to evidence of the
admission of the earlier inadmissible evidence. same kind and character as that already given and
that tends to prove the same proposition.
Incompetent evidence erroneously received by An example is when two or more testify on
the court without objection from the other exactly the same matters, in which case the second
party and succeeding testimonies are cumulative evidence.
According to Dean Riano, the principle of curative  According to Justice Abad, in practice, this is also
admissibility does not apply where the evidence was regarded as corroborative evidence.
admitted without objection, because the failure to Corroborative evidence is one that is
object constitutes a waiver of the inadmissibility of supplementary to that already given tending to
the evidence. In other words, application of curative strengthen or confirm it. It is additional evidence of a
admissibility presupposes that there was an objection different character to the same point.
to the inadmissible evidence but was overruled.
 But according to Justice Abad, curative GR: Corroborative evidence not necessary.
admissibility should still apply for the benefit of XPNs: Reasons to suspect that the witness falsified
those who lack wit. the truth or his observations are not accurate.

Direct and circumstantial evidence Rule on Examination of a Child Witness

Direct evidence proves a fact without the need Child’s testimony no need for corroboration if
to make an inference from another fact, while credible by itself.
circumstantial or indirect evidence is that
evidence which indirectly proves a fact in issue Positive and negative evidence
through an inference which the fact finder draws from Evidence is positive when a witness affirms in
the evidence established the stand that a certain state of facts does not exist
Example: or that a certain event happened. It is negative
Pedro stole food from 7-11. when a witness states that an event did not occur or
- Direct evidence: Another customer that the state of facts alleged to exist does not
testifies that he clearly saw Pedro actually exist.
stealing food. Example:
- Circumstantial evidence: Someone saw  Testimony A: ―I saw Mommy kissing Santa
Pedro running for his life after leaving 7- Clause in the living room.‖
11. - POSITIVE
 Testimony B: ―I was in the living room, and
Circumstantial evidence not weaker than direct Mommy DID NOT kiss Santa Clause.‖
evidence - Still POSITIVE
No greater degree of certainty is required when  Testimony C: ―I did not notice if Mommy
the evidence is circumstantial than when it is direct. kissed Santa Clause.‖
In both types of evidence, what is required is proof - NEGATIVE
beyond reasonable doubts.
 Still, direct evidence is preferred when Positive evidence > Negative evidence
available. As a rule, greater probative value is given to
positive evidence, because a witness who testifies to
Conviction by circumstantial evidence, a negative may have forgotten what actually
requisites: occurred, while it is impossible to remember what
1. There is more than one circumstance; never existed.
2. The facts from which the inferences are
derived are proven; and Denial and alibi are inherently weak defenses
3. The combination of all the circumstances is Like the defense of alibi, denial crumbles in the
such as to produce a conviction beyond light of positive declarations. Denial cannot prevail
reasonable doubts over the positive identification of the accused by the
witnesses who had no ill-motive to testify falsely.
Reason why conviction by circumstantial Alibi is self-serving in nature and can easily be
evidence allowed fabricated.
It is a fact that crimes are usually committed in To be given probative value, denial must be
secret, hence it is difficulty if not impossible to corroborated or substantiated by clear and convincing
procure direct evidence in many cases. evidence.
 According to Justice Abad, it is not accurate to
Cumulative evidence and corroborative always dismiss denial as a cheap defense,
evidence because that is the primary defense of the

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 innocent. The problem is when there is denial in Trial court’s factual findings accorded great
the face of a positive identification. respect and even conclusive effect
Trial courts have the unique opportunity to
Competency of a witness distinguished from observe the witnesses first hand and note their
his credibility demeanor, conduct and attitude under grilling
A witness’ competency refers to his eligibility to examination.
testify, while his credibility refers to his testimony’s The exception is upon a showing of a fact or
worthiness of belief. circumstance of weight and influence that was
overlooked and, if considered, could affect the
Admissible evidence vs. credible evidence outcome of the case.
See notes under subtopic ―Test of Credibility.‖
Tender of Excluded Evidence*
Inadmissible evidence under the Anti- Evidence formally offered by a party may be
Wiretapping Law (RA 4200) admitted or excluded by the court. If a party offered
1. Any communication or spoken word; documentary or object evidence is excluded, he may
2. The existence, contents, substance, purport, move or request that it be attached to form part of
or meaning of the communication or spoken the record of the case. If the excluded evidence is
word or any part thereof; or oral, he may state for the record the name and other
3. Any information contained, obtained or personal circumstances of the witness and the
secured by any person in violation of the substance of the proposed testimony. These
Anti-Wiretapping Law procedures are known as offer of proof or tender of
excluded evidence and are made for purposes of
Exceptions appeal. If an adverse judgment is eventually rendered
RA 4200 does not cover heated altercations or against the offeror, he may in his appeal assign as
conversations made in the presence of other persons. error the rejection of the excluded evidence. The
Also, RA 4200 not violated if done by a peace appellate court will better understand and appreciate
officer authorized by a written court order in cases the assignment of error if the evidence involved is
involving: included in the record of the case.
1. Treason;
2. Espionage; Doubt whether evidence is admissible or not*
3. Provoking war and disloyalty in case of war; Where there is such doubt, the judge should opt
4. Piracy; to admit the evidence, because that evidence may
5. Mutiny in the high seas; nevertheless be excluded by the appellate court. But
6. Rebellion; evidence excluded in the trial court cannot be
7. Conspiracy and proposal to commit rebellion; retrieved anymore by the appellate court.
8. Inciting to rebellion;
9. Sedition; When must objection to evidence be made?*
10. Conspiracy to commit sedition; At the time it is offered OR as soon as the
11. Inciting to sedition; ground/s for objection becomes manifest.
12. Kidnapping;
13. Violations of CA 616 punishing espionage; C. Miscellaneous Doctrines
and
14. Other offenses against national security. Youth and immaturity as badges of truth
Under the Human Security Act of 2007 (RA No sane girl would concoct a story of defloration,
9372), police/law enforcement official allowed to allow an examination of her private parts and subject
intercept and record communications between the herself to public trial or ridicule if she has not, in
following: (a) members of a judicially declared and truth, been a victim of rape, and thus impelled to
outlawed terrorist organization, association, or group seek justice for the wrong done to her.
of persons; or (b) any person charged with or However, it is not enough to say that a girl would
suspected of the crime of terrorism or conspiracy to not expose herself to the humiliation of a rape
commit terrorism. But such cannot be done without a complaint unless the charge is true. Her story must
written order by the CA which shall be granted upon a itself be credible.
written application by a police/law enforcement
official who must be authorized by the Anti-Terrorism Accused may be convicted on sole testimony of
Council to file such application. The authorization is a rape victim
valid for a period fixed by the CA not exceeding 30 The sole testimony of a rape victim, if credible,
days. natural, convincing and consistent with human nature
and the normal course of things, is sufficient to
convict.

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 2. Inherent fear of reprisal, especially if the
Minor inconsistencies in the narration of facts accused is a man of power and influence in
May also be considered badges of truth, as it the community.
may mean that the witnesses were not coached and These are a matter of judicial notice.
well-rehearsed. Only when the delay is unreasonable or
unexplained may it work to discredit the complainant.
Falsus in uno, falsus in omnibus (false in one But what is considered unreasonable depends on the
thing, false in everything) facts of the case. In Ingal v. People, the Court
If the testimony of a witness on a material issue considered seven years as still reasonable. In People
is willfully false and given with an intention to v. Satioquia, it was held that ―Filipinas, especially
deceive, all of his testimony may be disregarded. those in the rural areas, are by nature shy and coy,
This doctrine is not a positive rule of law and is and rape stigmatizes the victim, not the perpetrator.‖
not strictly applied in the Philippines. What should be remembered is that delay, when
in good faith, will not work to discredit a complainant.
Alibi; denial  Justice Abad starts from the general rule that
Denial and alibi are self-serving negative delay will discredit a witness. The exception is
evidence and cannot prevail over the spontaneous, when the delay is justifiable.
positive, and credible testimonies of the prosecution
witnesses who pointed to and identified the accused- Flight or non-flight of the accused
appellant as the malefactor. Flight is indicative of guilt, but non-flight is not
For the defense of alibi to prosper, the indicative of innocence. ―The wicked flees even when
requirements of time and place must be strictly met. no man pursues, but the righteous stands fast as bold
Not only must the person invoking alibi be at a as a lion.‖
different place during the commission of the crime,
his presence at the crime scene must also be CHAPTER II – BURDEN OF PROOF, QUANTUM
physically impossible. OF EVIDENCE AND PRESUMPTIONS
In People v. Larranaga, the defense of alibi was
not sustained where the alleged crime was committed A. Burden of Proof and Burden of Evidence
in Cebu City and the accused was in Quezon City. The
Court said it takes only one hour by plane to travel Burden of Poof
from Manila to Cebu. Burden of proof is the duty of a party to present
evidence on the facts in issue necessary to establish
Alibi not always weak his claim or defense by the amount of evidence
To be exonerating, the defense of alibi must be required by law (Sec. 1, Rule 131).
so airtight that it would admit of no exception.
Physical impossibility of the accused being in the Test for determining where burden of proof lies
crime scene must be shown. The test is to ask which party to an action or suit
Alibi also assumes significance where the will fail if he offers no evidence competent to show
evidence for the prosecution is also intrinsically weak. the facts averred as the basis for the relief he seeks
to obtain.
Frame-up Burden of proof lies with the party who asserts
For the defense of frame-up (by police officers) his/her right. In a counterclaim, the burden of proving
to prosper, the defense must adduce clear and the existence of the claim lies with the defendant. In
convincing evidence to overcome the presumption other words, the party, whether plaintiff or
that government officials have performed their duties defendant, who asserts the affirmative of an issue,
in a regular and proper manner. has the onus to prove his assertion in order to obtain
In one case, the Court considered the defense of a favorable judgment.
frame-up insincere where the accused did not even In most civil actions, the burden of proof is with
bother filing charges against the policeman. the plaintiff to establish his claim. If the defendant
The defense of frame-up is looked upon with puts up an affirmative defense or a counterclaim,
disfavor, because it can easily be fabricated and too then he also has the burden of proving the same.
convenient for the accused. Thus, it is inaccurate to state that the burden of proof
rests solely on the shoulders of the plaintiff.
Delay and initial reluctance in reporting a crime
Delay and initial reluctance does not render their Illustrative cases
testimony false, for the following reasons: Quasi-delict Plaintiff has the burden of proving
1. Most people abhor involvement in a criminal proximate cause.
case; Culpa Plaintiff has the burden of proving the
contractual following:

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 1. Existence/execution of The burden of going forward with the evidence
contract; may shift from one side to the other as the exigencies
2. Obligations of defendant of the trial require, and shifts with alternating
based on such contract; and frequency.
3. Defendant’s breach
Action for Plaintiff has burden of proving: Burden of proof vis-à-vis burden of evidence
sum of 1. Existence of debt; and To illustrate, in a civil action for quasi-delict, the
money 2. Non-payment of the same plaintiff has the burden of proving the elements of
despite a proper demand quasi-delict. This burden stays with the plaintiff
upon the defendant on or throughout the entire case. Once he has presented
after the due date of the evidence to his favor sufficient to convince the court
obligation. of the justness of his claim, the defendant has the
Intervention One who wants to intervene in an burden to come forward with his own evidence to
action has the burden of proving his counteract whatever positive impression which the
legal interest. evidence of the other party may have been created in
Suits Passenger-plaintiff has no burden of the mind of the court. What was shifted is the burden
against a proving the defendant’s negligence, of evidence.
common because the same is presumed.
carrier Hence, he can win the case without Equipose rule or equiponderance doctrine
proving negligence. He only needs to Where evidence of the parties is evenly balanced,
prove existence of the contract of or there is doubt on which side the evidence
carriage and breach thereof. preponderates, the decision should be against the
Defense of If the defendants put up the defense party with the burden of proof.
payment of that a debt has already been paid, he In a criminal case, where the evidence is evenly
debt has the burden of proving such claim. balanced, the constitutional presumption of innocence
Eminent The local government that seeks to tilts the scales in favor of the accused.
domain expropriate private property has the An accused should not be convicted by reason of
burden of proving that the elements the weakness of his alibi. The prosecution must prove
for the valid exercise of this right have its case beyond reasonable doubt and must not rely
been complied with. on the weakness of the evidence of the defense.
Termination Burden of proof rests upon the
cases employer to show that the dismissal is B. Presumptions
for a valid and just cause.
Disbarment Complainant has the burden of proof. Presumption
cases A presumption is an inference of the existence or
Accident Beneficiary has the burden of proof in non-existence of a fact which courts are permitted to
insurance demonstrating that the cause of death draw from proof of other facts.
is due to the covered peril. It is not evidence but affect the burden of
Assailing The one contesting the notarized offering evidence.
notarized document has the burden of proof to
documents overcome the presumption of its due Inference
execution. An inference is a factual conclusion that can
rationally be drawn from other facts.
Burden of proof fixed by the pleadings
The claim of the plaintiff, which he must prove, is Kinds of presumptions
spelled out in his complaint. The defendant’s 1. Presumption of Law
defenses, which he must likewise prove, are to be - An assumption which the law requires to be
found in his answer to the complaint. made from a set of facts.
- The assumption has legal basis.
Burden of proof does not shift - Types:
The burdens of proof of both parties do not shift a. Conclusive – Presumption
during the course of the trial. They remain with both becomes irrebuttable upon the
parties throughout the litigation. presentation of the evidence and
any evidence tending to rebut the
Burden of Evidence presumption is not admissible.
Burden of evidence is the duty of a party to go b. Disputable – May be contradicted
forward with the evidence to overthrow the prima or overcome by other evidence.
facie evidence against him. 2. Presumption of Fact

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 - Assumption is made from the facts without (e) That evidence willfully suppressed would be
any direction or positive requirement of law. adverse if produced3;
- Generally does not give rise to any legal (f) That money paid by one to another was due to
effect. the latter;
(g) That a thing delivered by one to another
Conclusive presumptions (Sec. 2, Rule 131) belonged to the latter;
1. Whenever a party has, by his own (h) That an obligation delivered up to the debtor has
declaration, act, or omission, intentionally been paid;
and deliberately led to another to believe a (i) That prior rents or installments had been paid
particular thing true, and to act upon such when a receipt for the later one is produced;
belief, he cannot, in any litigation arising out (j) That a person found in possession of a thing
of such declaration, act or omission, be taken in the doing of a recent wrongful act is the
permitted to falsify it; and taker and the doer of the whole act; otherwise, that
2. The tenant is not permitted to deny the title things which a person possess, or exercises acts of
of his landlord at the time of commencement ownership over, are owned by him;
of the relation of landlord and tenant (k) That a person in possession of an order on
between them. himself for the payment of the money, or the delivery
of anything, has paid the money or delivered the
Estoppel thing accordingly;
The conclusive presumptions above are based on (l) That a person acting in a public office was
the doctrine of estoppel, under which the person regularly appointed or elected to it;
making the representation cannot claim benefit from (m) That official duty has been regularly performed4;
the wrong he himself committed. (n) That a court, or judge acting as such, whether in
the Philippines or elsewhere, was acting in the lawful
Elements of estoppel exercise of jurisdiction;
1. In relation to the party to be estopped: (o) That all the matters within an issue raised in a
a. Conduct amounting to false representation case were laid before the court and passed upon by
or concealment of material facts; or at least it; and in like manner that all matters within an issue
calculated to convey the impression that the raised in a dispute submitted for arbitration were laid
facts are otherwise than, and inconsistent before the arbitrators and passed upon by them;
with, those which the party subsequently (p) That private transactions have been fair and
attempts to assert; regular;
b. Intent or at least expectation that this (q) That the ordinary course of business has been
conduct shall be acted upon by or at least followed;
influence the other party; and (r) That there was a sufficient consideration for a
c. Knowledge, actual or constructive, of the contract;
real facts. (s) That a negotiable instrument was given or
2. In relation to the party claiming estoppel: indorsed for a sufficient consideration;
a. Lack of knowledge and the means of (t) That an endorsement of negotiable instrument
knowledge of the truth as to the facts in was made before the instrument was overdue and at
question; the place where the instrument is dated;
b. Reliance in good faith upon the conduct or (u) That a writing is truly dated;
statements of the party to be estopped; and (v) That a letter duly directed and mailed was
c. Action or inaction based thereon of such received in the regular course of the mail;
character as to change the position or status (w) That after an absence of seven years, it being
of the party claiming the estoppel, to his unknown whether or not the absentee still lives, he is
injury, detriment or prejudice. considered dead for all purposes, except for those of
succession.
Disputable presumptions under Sec. 3, Rule
131 3
(a) That a person is innocent of crime or wrong; Does not apply if (a) the evidence is at the disposal of both
parties; (b) the suppression was not willful; (c) it is merely
(b) That an unlawful act was done with an unlawful
corroborative or cumulative; and (d) the suppression is an
intent; exercise of a privilege such as it is covered by the privileged
(c) That a person intends the ordinary consequences communication between physician and patient.
of his voluntary act; 4
Does not apply in a petition for a writ of amparo. Also, the
(d) That a person takes ordinary care of his presumption of innocence of the accused prevails over this
concerns; presumption. It has been held that this presumption obtains only
where nothing in the records is suggestive of the fact that law
enforcers deviated from the standard conduct of official duty as
provided for in the law.

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The absentee shall not be considered dead for the including joint deposits of money and evidences of
purpose of opening his succession till after an credit are equal.
absence of ten years. If he disappeared after the age (dd) That if the marriage is terminated and the
of seventy-five years, an absence of five years shall mother contracted another marriage within three
be sufficient in order that his succession may be hundred days after such termination of the former
opened. marriage, these rules shall govern in the absence of
The following shall be considered dead for all proof to the contrary:
purposes including the division of the estate among (1) A child born before one hundred eighty
the heirs: days after the solemnization of the
(1) A person on board a vessel lost during a subsequent marriage is considered to have
sea voyage, or an aircraft with is missing, been conceived during such marriage, even
who has not been heard of for four years though it be born within the three hundred
since the loss of the vessel or aircraft; days after the termination of the former
(2) A member of the armed forces who has marriage.
taken part in armed hostilities, and has been (2) A child born after one hundred eighty
missing for four years; days following the celebration of the
(3) A person who has been in danger of subsequent marriage is considered to have
death under other circumstances and whose been conceived during such marriage, even
existence has not been known for four though it be born within the three hundred
years; days after the termination of the former
(4) If a married person has been absent for marriage.
four consecutive years, the spouse present (ee) That a thing once proved to exist continues as
may contract a subsequent marriage if he or long as is usual with things of the nature;
she has well-founded belief that the absent (ff) That the law has been obeyed;
spouse is already death. In case of (gg) That a printed or published book, purporting to
disappearance, where there is a danger of be printed or published by public authority, was so
death the circumstances hereinabove printed or published;
provided, an absence of only two years shall (hh) That a printed or published book, purporting
be sufficient for the purpose of contracting a contain reports of cases adjudged in tribunals of the
subsequent marriage. However, in any case, country where the book is published, contains correct
before marrying again, the spouse present reports of such cases;
must institute a summary proceedings as (ii) That a trustee or other person whose duty it was
provided in the Family Code and in the rules to convey real property to a particular person has
for declaration of presumptive death of the actually conveyed it to him when such presumption is
absentee, without prejudice to the effect of necessary to perfect the title of such person or his
reappearance of the absent spouse. successor in interest;
(x) That acquiescence resulted from a belief that the (jj) That except for purposes of succession, when
thing acquiesced in was conformable to the law or two persons perish in the same calamity, such as
fact; wreck, battle, or conflagration, and it is not shown
(y) That things have happened according to the who died first, and there are no particular
ordinary course of nature and ordinary nature habits circumstances from which it can be inferred, the
of life; survivorship is determined from the probabilities
(z) That persons acting as copartners have entered resulting from the strength and the age of the sexes,
into a contract of co-partnership; according to the following rules:
(aa) That a man and woman deporting themselves 1. If both were under the age of fifteen
as husband and wife have entered into a lawful years, the older is deemed to have
contract of marriage; survived;
(bb) That property acquired by a man and a woman 2. If both were above the age sixty, the
who are capacitated to marry each other and who live younger is deemed to have survived;
exclusively with each other as husband and wife 3. If one is under fifteen and the other
without the benefit of marriage or under void above sixty, the former is deemed to have
marriage, has been obtained by their joint efforts, survived;
work or industry. 4. If both be over fifteen and under sixty,
(cc) That in cases of cohabitation by a man and a and the sex be different, the male is
woman who are not capacitated to marry each other deemed to have survived, if the sex be the
and who have acquire properly through their actual same, the older;
joint contribution of money, property or industry, 5. If one be under fifteen or over sixty, and
such contributions and their corresponding shares the other between those ages, the latter is
deemed to have survived.

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(kk) That if there is a doubt, as between two or more Presumptions of death
persons who are called to succeed each other, as to 1. 7-year absence;
which of them died first, whoever alleges the death of - General presumption of death
one prior to the other, shall prove the same; in the except opening of succession
absence of proof, they shall be considered to have 2. 10-year absence;
died at the same time. - For purposes of succession
3. 5-year absence;
Other disputable presumptions - 75 years of age
1. Notarized document prima facie evidence of 4. 4-year absence
the facts therein stated. - Vessel, armed forces, other
2. Torrens title generally conclusive evidence circumstances
of ownership of land. - Sufficient for purposes of
3. Statutes presumed to be constitutional. To remarriage, may be reduced further
overcome this presumption, grounds for to 2 where there is danger of death
nullity must be beyond reasonable doubt. (vessel, armed forces, etc.)
4. Presumption of validity of marriage. Hence,
absence of logbook where marriage licenses C. Quantum of Evidence (Weight and
are recorded not conclusive proof of non- Sufficiency of Evidence)
issuance of marriage license.
5. Presumption of legitimacy. A child who is Different quantum of evidence
conceived or born during the marriage of his
parents is legitimate (Art. 164, Family Proof beyond This does not mean such a
Code). To overcome presumption, it must reasonable degree of proof as, excluding
be shown beyond reasonable doubt that doubt possibility of error, produces
there was no access that could have absolute certainty. Moral certainty
enabled the husband to father the child. only is required or that degree of
6. Tender-Age Presumption. ―No child under proof which produces conviction
seven years of age shall be separated from in an unprejudiced mind.
the mother, unless the court finds
compelling reasons to order otherwise.‖ Applicable in criminal cases.
(Art. 213, Family Code)
7. Contracts by virtue of which the debtor A finding of guilt must rest on the
alienates property by gratuitous title are evidence of the prosecution, not
presumed to have been entered into in on the weakness or even absence
fraud of creditors, when the donor did not of evidence for the defense.
reserve sufficient property to pay all debts
contracted before the donation. (Art. 1387, Preponderance Evidence adduced by one side is,
Civil Code) of evidence as a whole, superior to or has
8. A person is presumed to be of sound mind greater weight than that of the
at any particular time and the condition is other.
presumed to continue to exist.
9. Competence and freedom from undue Applicable in civil cases.
influence presumed.
Substantial That amount of relevant evidence
10. Equitable mortgage (Art. 1602, Civil Code) evidence a reasonable mind might accept
11. Contract is presumed to be what it purports
as adequate to justify a
to be. conclusion.
12. Whoever possesses or uses a spurious
document is presumed to be its forger. Applicable in administrative cases,
13. Foreign judgment is presumptive evidence
petition for writ of amparo.
of a right as between parties or if judgment
is upon a specific thing, conclusive upon the
However, it has been held that
title to the thing. May be repelled by (a) administrative proceedings
want of jurisdiction; (b) want of notice to
against judges are highly penal in
the party; (c) collusion; (d) fraud; or € clear character, hence quantum of
mistake of law or fact.
evidence should be proof beyond
14. Probate of will prima facie evidence of the
reasonable doubt.
death of the testator.
Clear and That which produces in the mind
15. Common carriers presumed to be negligent.
convincing of the trier of fact a firm belief or
evidence conviction as to allegations sought

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 to be established. CHAPTER III – JUDICIAL NOTICE AND
JUDICIAL ADMISSIONS
Somewhere in between
preponderance of evidence and A. Judicial Notice
proof beyond reasonable doubt.
Function of judicial notice
No clear-cut rule on what cases it To abbreviate litigation by the admission of
applies, but it was applied in the matters that need no evidence, because judicial
following instances: notice is a substitute for formal proof of a matter by
1. Overcoming the evidence.
presumption of regularity It is based on the maxim, ―what is known need
of notarized instruments; not be proved.‖
2. Allegation of fraud;
3. Allegation of forgery; When judicial notice is mandatory, no
4. Actions for annulment or motion/hearing necessary (EPLAPOL-MG):
reconveyance of title; 1. Existence and territorial extent of states;
5. Invocation of the 2. Political history, forms of government and
justifying circumstances symbols of nationality of states;
of self-defense; 3. Law of nations;
6. Allegation of frame-up 4. Admiralty and maritime courts of the world
and extortion; and their seals;
7. Alibi; 5. Political constitution and history of the
8. Denial; Philippines;
9. To warrant an award of 6. Official acts of the legislative, executive and
moral damages, the judicial departments of the Philippines;
claimant must prove bad 7. Laws of nature;
faith by clear and 8. Measure of time; and
convincing evidence; 9. Geographical divisions.
10. Overcoming presumption
of regularity in the Document attached to pleading
performance of regular A document attached to a pleading is not
duties; and something that the court may take judicial notice of.
11. Confirmation of an (Candito v. CA)
imperfect or incomplete  According to Justice Abad, a court may
title. take judicial notice of an affidavit
attached to the record of a case but
Certain factors to be considered in assessing only as to its existence and not as to the
evidentiary weight of electronic evidence: truth of the contents.
1. The reliability of the manner in which it was
generated, stored or communicated; When judicial notice is mandatory, can the
2. The reliability of the manner in which its judge refuse to take judicial notice on the
originator was identified; ground that he is not knowledgeable on the
3. The integrity of the information and matter?*
communication system; No. It is mandated by the rules, hence, no
4. The familiarity of the witness or the person discretion is involved. The judge must research.
who made the entry with the communication
and information system; When judicial notice is discretionary
5. The nature and quality of the information A court may take judicial notice of matters which
which went into the communication and are of:
information system; and 1. Public knowledge;
6. Other factors which the court may consider 2. Capable of unquestionable demonstration; or
(Sec. 1, Rule 7, Rules on Electronic 3. Ought to be known to judges, because of
Evidence). their judicial functions. (Sec. 2, Rule 129)
All matters relating to the admissibility and
evidentiary weight of an electronic document may be Requisites:
established by an affidavit stating facts of direct 1. The matter must be of common knowledge;
personal knowledge of the affiant or based on 2. The matter must be settled beyond
authentic records. reasonable doubt; and

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 3. The knowledge must exist within the archives at the court’s discretion upon the
jurisdiction of the court. request, or with the consent, of the parties,
“Capable of unquestionable demonstration”* and admitted as part of the record of the
This means it has scientific or professional basis. pending case.

Stage when judicial notice may be taken Other doctrines on judicial notice
During or after a trial and even on appeal. The 1. Courts cannot take judicial notice of
court, on its own initiative, or on request of a party, contracts entered into by GOCCs in pursuit
may announce its intention to take judicial notice of of their proprietary function;
any matter and allow the parties to be heard thereon. 2. Courts may take judicial notice of banking
practices;
Judicial notice of foreign laws; doctrine of 3. Judicial notice could be taken that the
processual presumption government is financially strapped;
GR: Our courts cannot take judicial notice of foreign 4. The courts can take judicial notice of the
laws. In the absence of proof, the foreign law will be general increase in rentals of real estate but
presumed to be the same as the laws of the not the reasonable amount of rent;
jurisdiction hearing the case under the doctrine of 5. A court cannot take judicial notice of an
processual presumption. administrative regulation or of a statute that
XPNS: is not yet effective;
1. Foreign law is generally well known; 6. Judicial notice that there are municipalities
2. It had been ruled upon in previous cases with no lawyers, hence MTC judges allowed
before it and none of the parties claim to act as notaries public;
otherwise; and 7. Court cannot take judicial notice of the age
3. Where the foreign law is part of a published of a rape victim;
treatise, periodical or pamphlet and the 8. Courts may take judicial notice that business
writer is recognized in his profession or transaction s may be made by individuals
calling as expert in the subject. through teleconferencing;
9. Judicial notice that rape is not a respecter of
Judicial notice of the law of nations time and place;
The Philippines adopts the generally accepted 10. Judicial notice of Filipina’s inbred modesty
principles of international law as part of the law of the and shyness and her antipathy in publicly
land (Sec. 2, Art. II, Constitution). airing acts which blemish her honor and
virtue;
Judicial notice of municipal ordinances 11. Judicial notice that our court’s dockets are
MTCs should take judicial notice of municipal clogged;
ordinances in force in the municipality in which they 12. Judicial notice that testimonies during trial
sit. RTCs should also take judicial notice of municipal are much more eact and elaborate than
ordinances in force in the municipalities within their those stated in sworn statements;
jurisdiction but only when so required by law, such as 13. Judicial notice that persons may kill for no
in the case of the charter of the City of Manila. reason at all;
14. Courts cannot take judicial notice of the new
Judicial notice of a court’s own acts and address of a lawyer who has moved, or
records ascertain on its own whether or not the
GR: A court will take judicial notice of its own acts counsel of record has been changed and
and records only in the same case. It cannot take who the new counsel could possibly be;
judicial notice of the contents of the records of other 15. A court may take judicial notice that a
cases, even when such cases have been tried or are person is an elected public official within its
pending in the same court, and notwithstanding the locality;
fact that both cases may been heard or are actually
pending before the same judge. B. Judicial Admissions
XPNs:
1. When in the absence of any objection, and What is a judicial admission?
with the knowledge of the opposing party, A judicial admission is an admission, verbal or
the contents of said other case are clearly written, made by a party in the course of the
referred to by title and number in a pending proceedings in the same case, which does not require
action and adopted or read into the record of proof. The admission may be contradicted only by
the latter; or showing that it was made through palpable mistake
2. When the original record of the other case or or that no such admission was made (Sec. 4, Rule
any part of it is actually withdrawn from the 129).

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 No evidence is needed to prove a judicial admission of each of the matters of which an
admission. But despite the presence of judicial admission is requested.
admissions in a party’s pleading, the trial court is still
given leeway to consider other evidence presented. Admissions in amended pleadings
When a pleading is amended, the amended
Elements: pleading supersedes the pleading that it amends.
1. The admission must be made by a party to Admissions in a superseded pleading are to be
the case; and considered as extrajudicial admissions which must be
2. The admission must be made in the course proven.
of the proceedings in the same case.
 If not made in the same case, it is Admissions in dismissed pleadings
considered an extrajudicial Also extrajudicial.
admission.
Hypothetical admissions in a motion to dismiss
Where may a party make judicial admissions? A motion to dismiss hypothetically admits the
1. The pleadings/motions; truth of the allegations of the complaint. But only
2. During the trial, either by verbal or written material allegations, not conclusions in a complaint,
manifestations or stipulations; or are deemed admitted.
3. In other stages of the judicial proceedings
(such as pre-trial, discovery, etc.). Admissions by counsel
GR: Admissions by a counsel are generally conclusive
Admission in drafted documents but not filed upon a client.
This is only deemed an extrajudicial admission. XPN: Where client is deprived of due process by
reason of the counsel’s gross negligence.
Specific denial  Also, counsel’s incidental or casual remarks are
Material averments in the complaint, other than usually not binding on the client.
those as to the amount of unliquidated damages,
shall be deemed admitted when not specifically Accused’s testimony not judicial admissions*
denied. (Sec. 11, Rule 8) When an accused testifies in his defense during
trial, his declarations are not judicial admissions,
Implied admissions of actionable documents because such testimony can be used against him.
Genuineness and due execution deemed
admitted unless the adverse party, under oath, Effects of judicial admissions:
specifically denies them and sets forth what he claims 1. They do not require proof; and
to be the facts (Sec. 8, Rule 8). 2. They cannot be contradicted, because they
are conclusive upon the party making it.
Admissions in the pre-trial of criminal cases
To be admissible, pre-trial agreement must be How judicial admissions may be contradicted:
reduced in writing and signed by the accused and 1. By showing that the admission was made
counsel. through palpable mistake; or
The above rule does not apply to stipulation of - A mistake is palpable if it is clear to
facts during the trial itself, because it is automatically the mind or plain to see.
reduced in writing and contained in the official 2. By showing that no such admission was
transcript of proceedings had in court. made.
- When a statement is taken out of
Modes of discovery context.
Admissions obtained through depositions, written
interrogatories or requests for admissions are also CHAPTER IV – OBJECT AND DOCUMENTARY
considered judicial admissions. EVIDENCE
Note that any admission pursuant to the request
for admission is for the purpose of the pending action A. Object Evidence
only (Sec. 3, Rule 26).
Also note that Sec. 2, Rule 26 requires the other Nature of object or real evidence
party to file and serve a sworn statement either Object evidence are those addressed to the
denying specifically the matter of which an admission senses of the court. When an object is relevant to the
is requested or setting forth in detail the reasons why fact in issue, it may be exhibited to, examined or
he cannot truthfully either admit or deny those viewed by the court. (Sec. 1, Rule 130)
matters. Failure to do so will result in an implied Object or real evidence is exactly what its name
suggests. It is the real thing itself.

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 It consists of tangible things like a gun, a broken sought to be excluded is not an incriminating
glass, a piece of bloody clothing or the defective statement but an object evidence.
ladder that caused the fall of the plaintiff. Relate this with the principle that the right
against self-incrimination covers testimonial acts but
Coverage of object evidence not purely mechanical acts such as finger/foot prints,
Not visual alone. It covers the entire range of body excretions, pregnancy tests, etc. However, it
human senses: hearing, taste, smell and touch. was held that writing is not a purely mechanical act,
because it requires the application of intelligence and
Object evidence ranks high in hierarchy of attention.
trustworthy evidence
Where the physical evidence runs counter to the Demonstrative evidence
testimonial evidence, the physical evidence should Not the actual thing but merely represents or
prevail. The reason is an inanimate object cannot demonstrates the real thing.
speak lies. Examples are maps, diagrams, photographs and
models. Although not strictly object evidence,
Requisites for admissibility of object evidence demonstrative evidence have been incorporated
Same as any other evidence: Must be relevant under the general term ―object‖ evidence.
and competent. To be competent, the object must be The admissibility of demonstrative evidence
authenticated. So the basic requisites for admissibility largely depends on laying the proper foundation.
of an object evidence are:
1. The evidence must be relevant; Requisites for photograph to be admissible
2. The evidence must be authenticated by a 1. It shall be presented, displayed and shown
competent witness; and to the court; and
3. The object must be formally offered in 2. It shall be identified, explained or
evidence. authenticated by either:
a. The person who made the
Authentication, witness still required recording; or
For the object not to be excluded by the Rules, b. Some other person competent to
the same must pass the test of authentication by testify on the accuracy thereof
having a witness show that the object is the very (Sec. 1, Rule 11, Electronic Rules of
thing that is either the subject matter of the lawsuit Evidence).
or the very one involved to prove an issue in the The above requirements also apply to motion
case. pictures and recordings.
For instance, in a murder case, the prosecution Take note that the authentication may be done
cannot just throw gun purporting to be the murder by a person other than the one who took the
weapon on the judge’s table. The judge would say, photograph or made the recording as long as he can
―WTH is that?‖ Someone must identify the object to testify as to its accuracy.
be the actual thing involved in the litigation. Generally, the same requisites apply to other
Every evidence, whether it be a document or an demonstrative evidence. The most important thing to
object, needs a witness. In other words, testimonial remember is that they must be authenticated by
evidence provides the foundation for all type of persons who are qualified to testify as to their
evidence. accuracy. For example, x-ray pictures must be
The witness must have actual and personal authenticated by the x-ray technician or a physician.
knowledge of the exhibit he is presenting for
admission. (Sec. 36, Rule 130). Requisites for tape recording to be admissible*
1. It must be authenticated;
“Laying the foundation” 2. Tape has been preserved;
This is the phrase which refers to the act of 3. The speakers agreed to be recorded; and
showing that the object sought to be admitted is in 4. The speaker have been correctly identified
fact the real thing and not a mere substitute or
representation of the real thing. Conditions for allowance of scientific
experiment*
Right against self-incrimination cannot be 1. If relevant to the fact in issue;
invoked against object evidence 2. Conditions in the courtroom are substantially
The right against self-incrimination is a similar to those that attended the original
prohibition of the use of physical or moral compulsion event; and
to extort communication from a person that would 3. Experiment will not cause undue
incriminate him. It does not apply where the evidence delay/confusion.

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View of an object or scene physically inventory and photograph the
When it is impractical or physically impossible to same in the presence of the (1)
bring an object to the court, the court may take a accused/person from whom such items were
―view‖ of the object by means of an ocular inspection. confiscated/seized or his/her representative
Since a view disrupts the usual trial process and is or counsel, (2) a representative from the
time-consuming, the trial judge is granted discretion media and the DOJ, and (3) any elected
to grant or refuse a request for a view. public official who shall sign the copies of
But it is not proper for a judge to go alone to the the inventory and be given a copy thereof;
crime scene and take a view without the previous 2. Within 24 hours upon confiscation/seizure,
knowledge of the parties. the drugs shall be submitted to the PDA
Forensic Lab for a qualitative and
Categories of object evidence quantitative examination;
1. Unique objects; 3. Within 24 hours after the receipt of drugs,
- Objects that have readily identifiable marks. the forensic lab examiner shall issue a
- Example: Where the serial number of the certification of the forensic lab exam results
gun for murder used is known. which shall be done under oath;
2. Objects made unique; and 4. After the filing of the criminal case, the Court
- Objects that are made readily identifiable. shall, within seventy-two (72) hours, conduct
- Example: Where the murder weapon is a an ocular inspection of the confiscated,
common kitchen knife, identifying marks seized and/or surrendered dangerous drugs,
may be placed on it. plant sources of dangerous drugs, and
3. Non-unique objects controlled precursors and essential
- Objects with no identifying marks and chemicals, including the
cannot be marked. instruments/paraphernalia and/or laboratory
- Example: Drugs in powder form, drops of equipment, and through the PDEA shall
blood, fiber, etc. within twenty-four (24) hours thereafter
- For non-unique objects, the proponent must proceed with the destruction or burning of
establish a chain of custody. the same, in the presence of the accused or
the person/s from whom such items were
Chain of custody confiscated and/or seized, or his/her
Refers to the chronological documentation or representative or counsel, a representative
paper trail, showing the seizure, custody, control, from the media and the DOJ, civil society
transfer, analysis, and disposition of physical or groups and any elected public official;
electronic evidence (Wikipedia). 5. The Board shall then issue a sworn
The purpose of establishing a chain of custody is certification as to the fact of destruction or
to guaranty the integrity of the physical evidence and burning of the subject item/s which,
prevent the introduction of evidence which is not together with the representative sample/s in
authentic. the custody of the PDEA, shall be submitted
Unless a specific provision of law or rule provides to the court having jurisdiction over the
otherwise, the investigator need not testify that the case. In all instances, the representative
process of sealing the evidence and the submission to sample/s shall be kept to a minimum
the chemist were done in the presence of the accused quantity as determined by the Board;
or his representative, because of the presumption
that official duty has been regularly performed. Effect of non-compliance with Sec. 21 of RA
9165
Chain of custody in drug cases Seizure of and custody over the drugs shall not
Board Regulation No. 1, series of 2002 defines be rendered void, PROVIDED THAT:
chain of custody as the duly recorded authorized 1. Non-compliance was because of justifiable
movements and custody of seized drugs or controlled grounds; and
chemicals or plant sources of dangerous drugs or 2. The integrity and evidentiary value of the
laboratory equipment of each stage, from the time of seized items are properly preserved by the
seizure/confiscation to receipt in the forensic apprehending officer/team.
laboratory to safekeeping to presentation in court for - This is of utmost importance. It can
destruction. be said that the purpose of Sec. 21
performs the function of ensuring
Procedure (Sec. 21, RA 9165) that the integrity and evidentiary
1. The apprehending team having initial value of the seized items are
custody/control of the drugs shall, preserved. So if that function is
immediately after seizure and confiscation, achieved, albeit not strictly in

Page 15 of 21
 accordance with Sec. 21, the requested; or (ii) was previously subjected
seizure would not be invalidated, as to DNA testing, but the results may require
long as non-compliance was confirmation for good reasons;
because of justifiable grounds. 3. The DNA testing uses a scientifically valid
Although the preservation of the integrity and technique;
evidentiary value of the seized items is very 4. The DNA testing has the scientific potential
important, still, explanation for non-compliance to produce new information that is relevant
cannot be dispensed with. A mere statement that the to the proper resolution of the case; and
integrity and evidentiary value of the evidence has 5. The existence of other factors, if any, which
been preserved is NOT ENOUGH (People v. Dela the court may consider as potentially
Cruz). affecting the accuracy of integrity of the DNA
testing.
DNA evidence; Rule on DNA Evidence (AM 06- Note: Court may motu proprio order a DNA
11-5-SC) testing.
Court order granting DNA testing is not
Definition of terms: appealable. It may be assailed by a petition for
1. DNA certiorari but the order’s implementation will not be
- DNA refers to deoxyribonucleic acid which is stayed without an injunction
the chain of molecules found in every Also, the grant of an application for DNA testing
nucleated cell. It is a molecule that encodes does not mean automatic admission into evidence of
the genetic information in all living the test results. The determination of the probative
organisms. value of the DNA evidence rests upon sound judicial
- It is a scientific fact that the totality of an assessment taking into consideration the following
individual’s DNA is unique for the individual, matters:
except identical twins. 1. The chain of custody, including how the
2. DNA profile biological samples were collected, how they
- Genetic information derived from DNA were handled, and the possibility of
testing of biological samples obtained from a contamination of the samples;
person where such biological sample is 2. The DNA testing methodology, including the
clearly identifiable as originating from that procedure followed in analyzing the samples,
person. the advantages and disadvantages of the
3. DNA evidence procedure, and compliance with the
- The totality of the DNA profiles, results and scientifically valid standards in conducting
other genetic information directly generated the tests;
from the DNA testing of biological samples. 3. The forensic DNA laboratory, including
accreditation by any reputable standards-
Guidelines in assessing probative value of DNA setting institution and the qualification of the
evidence (People v. Vallejo): analyst who conducted the tests. If the
1. How the samples were collected; laboratory is not accredited, the relevant
2. How they were handles; experience of the laboratory in forensic
3. Possibility of contamination of the samples; casework and credibility shall be properly
4. The procedure followed in analyzing the established; and
samples; 4. The reliability of the testing result, as
5. Whether the proper standards and hereinafter provided.
procedure were followed in conducting the
tests; and Court order not always required
6. The qualification of the analyst who Court order not required in the following case:
conducted the test. 1. Before a suit or proceeding is commenced;
or
How may an order for a DNA testing be 2. Post-conviction DNA testing
obtained? - Suppose a person was already
A person who has a legal interest in the litigation convicted, and later on the results
may file an application for DNA testing order before of the post DNA testing are
the appropriate court at any time. For the order to be favorable, he may file a petition for
issued, there must be a showing that: a writ of habeas corpus in the court
1. A biological sample exists that is relevant to of origin. After hearing and if the
the case; court deems the petition
2. The biological sample: (i) was not previously meritorious, it shall reverse or
subjected to the type of DNA testing now modify the judgment of conviction

Page 16 of 21
 and order the release of the documents and any print-out or output, readable by
convict, unless his detention is sight or other means, which accurately reflects the
justified for a lawful cause. electronic data message or electronic document. For
purposes of these Rules, the term ―electronic
DNA profiles are confidential, may only be document‖ may be used interchangeably with
released, upon court order, to any of the ―electronic data message.‖ (Sec. 1 (h), Rule 2, Rules
following: on Electronic Evidence)
1. Person from whom the sample was taken; An electronic document is one that may be used
2. Lawyers representing parties in the case or for any of the following purposes: (a) To establish a
action where the DNA evidence is offered right; (b) To extinguish an obligation; or (c) To prove
and presented or sought to be offered and or affirm a fact.
presented;
3. Lawyers of private complainants in a criminal E-documents as functional equivalents of
action; paper-based documents
4. Duly authorized law enforcement agencies; Whenever a rule of evidence refers to the term
and writing, document, record, instrument, memorandum
5. Other persons as determined by the court. or any other form of writing, such term shall be
deemed to include an electronic document as defined
Paraffin tests in these Rules (Sec. 1, Rule 3, Rules on E-Evidence).
Establish the presence or absence of nitrates or Rules of Court has suppletory application to the
nitrites on the hand. Generally considered Rules on Evidence.
inconclusive, because such test alone cannot
determine whether the source of the nitrates or Manner of authentication (when offering as
nitrites was the discharge of a firearm. authentic)
1. By evidence that it had been digitally signed
Polygraph tests (Lie detector tests) by the person purported to have signed the
Rejected when offered in evidence for the same;
purpose of establishing the guilt or innocence of one 2. By evidence that other appropriate security
accused of a crime, because it has not yet attained procedures or devices as may be authorized
scientific acceptance as a reliable and accurate means by the Supreme Court or by law for
of ascertaining truth or deception. authentication of electronic documents were
applied to the document; or
B. Documentary Evidence 3. By other evidence showing its integrity and
reliability to the satisfaction of the judge.
Meaning of documentary evidence (Sec. 2, Rule 5, Rules on E-Evidence)
Documents, as evidence, consist of writings or These requirements apply only when the
any material containing letters, words, numbers, document is a PRIVATE electronic document and the
figures, symbols or other modes of written same is offered as an AUTHENTIC document. Any
expressions offered as proof of their contents (Sec. 2, other private document need only be identified as
Rule 130) that which it is claimed to be.
If a document is electronically notarized, it is
Must be offered as proof of contents considered as a public document and shall be proved
Being writings or materials containing modes of as a notarial document under the Rules of Court.
written expressions do not ipso facto make such
documentary evidence. For such writings or materials Evidentiary concepts involved in the
to be deemed documentary evidence, the same must presentation of documentary evidence
be offered as proof of their contents and not some 1. Authentication;
other purpose. Otherwise, they may be regarded as 2. Relevancy;
object evidence. 3. Best Evidence Rule;
4. Parol Evidence Rule; and
Electronic document 5. Hearsay Rule
―Electronic document‖ refers to information or
the representation of information, data, figures, Requisites for admissibility of documentary
symbols or other modes of written expression, evidence
described or however represented, by which a right is 1. Relevant;
established or an obligation extinguished, or by which 2. Authenticated by a competent witness; and
a fact may be proved and affirmed, which is received, 3. Offered in evidence.
recorded, transmitted, stored, processed, retrieved or
produced electronically. It includes digitally signed C. Best Evidence Rule

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 b. The document is under the custody
Meaning of “best evidence” or control of the adverse party;
When the subject of inquiry is the CONTENTS OF c. The proponent of secondary
A DOCUMENT, no evidence shall be admissible other evidence has given the adverse
than the ORIGINAL DOCUMENT itself (Sec. 3, Rule party reasonable notice to produce
130). the original document; and
d. That the adverse party failed to
Not really “the best” produce the document despite the
The term ―best‖ has nothing to do with the reasonable notice
degree of its probative value in relation to other types 3. When the original consists of numerous
of evidentiary rules. It just requires the production of accounts or other documents which cannot be
the original of a writing. examined in court without great loss of time and the
fact sought to be established from them is only the
Rationale general result of the whole; and
Prevention of fraud, to avoid possible erroneous - Requisites for laying the basis:
interpretations or distortions of a writing. a. If the original consists of numerous
accounts or other documents;
May be waived b. They cannot be examined in court
Like many evidentiary rules, the best evidence without great loss of time; and
rule may be waived if not seasonably raised in trial. c. The fact sought to be established
from them is only the general result
When applicable/not applicable of the whole
The rule will come into play only when the 4. When the original is a public record in the
subject of inquiry is the contents of a document. It is custody of a public officer or is recorded in a public
not applicable when the issue does not involve office
content or when the document is merely collaterally - Public records are generally not to be
in issue (eg. Existence, condition, execution or removed from the places where they are
delivery). recorded and kept. Hence, the secondary
evidence of a CERTIFIED TRUE COPY OF
Excuses for not presenting original document THE ORIGINAL will suffice.
1. When the original has been lost or destroyed, or
cannot be produced in court, without bad faith on the Party who calls for document not bound to
part of the offeror; offer it
- Requisites for laying the basis: A party who calls for the production of a
a. The offeror must prove the document is not required to offer it (Sec. 8, Rule
execution and existence of the 130).
original document;
 Due execution & Order of presentation of secondary evidence
authenticity must be 1. A copy of the original;
proved either (a) by 2. A recital of the contents of the document in
anyone who saw the some authentic document; or
document 3. By the testimony of witnesses (Sec. 5, Rule
executed/written, or (b) by 130)
evidence of the
genuineness of the Meaning of “original”
signature/handwriting of A. The original of a document is one the contents of
the maker. which are the subject of inquiry;
b. The offeror must show the cause of B. When a document is in two or more copies
its unavailability; and executed at or about the same time, with
c. The offeror must show that the identical contents, all such copies are equally
unavailability was not due to his regarded as originals;
bad faith. - Example is when carbon sheets are used to
2. When the original is in the custody or under the make several copies, EXCEPT in case only
control of the party against whom the evidence one is signed while the others are not (in
is offered, and the latter fails to produce it after such case, only the signed document is the
reasonable notice; original).
- Requisites for laying the basis: C. When an entry is repeated in the regular
a. The original exists; course of business, one being copied from another
at or near the time of the transactions, all the entries

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are likewise equally regarded as originals (Sec. 4, Although not strictly a contractual agreement,
Rule 130). the rule also applies to wills.5
- Example is when a data clerk makes an A receipt, by itself, is not considered an
entry of transaction which is repeated agreement in writing.
several times for the files of each  Parties to an agreement may present parol
department of the company. evidence to establish a suspensive condition.

For electronic documents Purpose of the rule

D. An electronic document shall be regarded as the To preserve the reliability and protect the
equivalent of an original document under the Best sanctity of written agreements.
Evidence Rule if it is a printout or output readable
by sight or other means, shown to reflect the When and how to introduce parol evidence
data accurately (Sec. 1, Rule 4, Rules on E- A party may present evidence to modify, explain
Evidence). or add to the terms of the written agreement if he
E. When a document is in two or more copies PUTS IN ISSUE in his pleading:
executed at or about the same time with 1. An intrinsic ambiguity, mistake or
identical contents, or is a counterpart produced by the imperfection in the written agreement;
same impression as the original, or from the same 2. The failure of the written agreement to
matrix, or by mechanical or electronic re-recording, or express the true intent and agreement of
by chemical reproduction, or by other equivalent the parties thereto;
techniques which accurately reproduces the original, 3. The validity of the written agreement; or
such copies or duplicates shall be regarded as the 4. The existence of other terms agreed to by
equivalent of the original (Sec. 2, Rule 4, Rules on E- the parties or their successors in interest
Evidence). after the execution of the written
- Exceptions: agreement.
a. A genuine question is raised as to
the authenticity of the original; or “Putting in issue”
b. In the circumstances it would be Unless duly pleaded, a party will be barred from
unjust or inequitable to admit a offering extrinsic evidence over the objection of the
copy in lieu of the original. adverse party.

Is a printout of a facsimile (fax) transmission Intrinsic/latent ambiguity in the writing

an electronic data message or electronic One which is not apparent on the face of the
document? document but which lies in the person or thing that is
No. The receiving end of the fax machine the subject of the document or deed. In other words,
reproduces the original document. It is, at best, an the document is clear on its face but matters
exact copy preserving all the marks of an original. extraneous to the agreement creat the ambiguity.
(Garvida v. Sales, Jr.)
Mistake/imperfection, failure to express true
D. Parol Evidence Rule intent and agreement
Despite the meeting of the minds, the true
Contracts and the parol evidence rule agreement of the parties is not reflected in the
When the terms of an agreement have been instrument.
reduced to writing, it is considered as containing all This is usually done in an action for reformation
the terms agreed upon and there can be, between of an instrument. But such action is not proper in the
the parties and their successors in interest, no following cases: simple donations, wills, or when the
evidence of such terms other than the contents of the agreement is void.
written agreement (Sec.9, Rule 130).
Validity
Application Presenting parol evidence is proper when the
The rule applies only to contract which the assailing the validity of the contract itself.
parties have decided to set forth in writing. It does
not apply to oral agreements. Whether the written Prior, contemporaneous and subsequent
agreement is a private or public document is agreements
immaterial. Parol evidence is inadmissible if the purpose is to
Only the parties and successors-in-interest are prove the existence of prior or contemporaneous
bound by the parol evidence rule.
5
An express trust concerning an immovable or any interest therein
may not be proved by parol evidence.

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agreements. But if the purpose is to prove the Authentication of a private document
existence of subsequent agreements, then parol Before any private document offered as authentic
evidence may be admitted. For example, two persons is received in evidence, its due execution and
executed a deed of sale, and the following day, they authenticity must be proved either:
had a verbal agreement to modify some of the terms a. By anyone who saw the document executed
of contract. In such case, parol evidence may be or written; or
admitted. b. By evidence of the genuineness of the
signature or handwriting of the marker
Requisites for parol evidence to be admitted in Any other private document need only be
case of mistake of fact* identified as that which it is claimed to be. In such
1. Mistake must be one of fact; case, there is no need to prove to prove genuineness
2. Common to both parties; and due execution, as when the only purpose is for
3. Was alleged in the pleadings; and the offeror to show that a certain piece of document
4. There is clear and convincing evidence of the exists. Example is when a witness says: ―I found this
mistake. document in the drawer of my table.‖

E. Authentication and Proof of Documents When authentication of private documents is

not required:
Meaning of authentication 1. When the document is an ancient one;
Authentication is the preliminary step in showing - A private document is considered
the admissibility of an evidence, whether object or ancient when:
documentary. It involves the presentation of proof a. It is more than 30 years
that a document or object evidence is what it is old;
claimed to be. b. It is produced from a
custody in which it would
Why the need to authenticate? naturally be found if
Presumption that objects and documents genuine; and
presented in evidence are, as a rule, counterfeit. c. It is unblemished by any
alterations or
Concept of a document circumstances of
A document is a deed, instrument or other duly suspicion.
authorized paper by which something is proved, 2. When the genuineness and authenticity of
evidenced or set forth. an actionable document have not been
But note that not every document is to be specifically denied under oath by the
received as documentary evidence. adverse party under Sec. 8, Rule 8;
3. When the genuineness and authenticity of
Public and private documents the document have been admitted under
Sec. 4, Rule 129; and
Public documents 4. When the document is not being offered
1. The written official acts, or records of the as authentic.
official acts of the sovereign authority,
official bodies and tribunals, and public How to prove genuineness of handwriting
officers, whether of the Philippines, or of a It may be proven by any witness who believes it
foreign country; to be the handwriting of a person, because:
2. Documents acknowledged before a notary 1. He has seen the person write;
public except last wills and testaments; and 2. He has seen writing purporting to be his
3. Public records, kept in the Philippines, of upon which the witness has acted or been
private documents required by law to be charged, and has thus acquired knowledge
entered (Sec. 19, Rule 132). of the handwriting of such person; or
3. By a comparison made by the witness or the
Private documents court, with writings admitted or treated as
All documents not classified as public documents genuine by the party against whom the
are considered private. document is offered, or proved to be the
genuine to the satisfaction of the judge.
Importance of knowing whether a document is
public or not Public documents as evidence
A public document is admissible without proof of A. When a public officer, in the performance of
its due execution and genuineness. his duty, makes an entry in the public
record, the document of such entry is

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 deemed prima facie evidence of the FACTS 2. That despite the diligent search, no record of
STATED THEREIN. entry of a specified tenor is found to exist in
B. All other public documents are evidence, the records of his office.
even against a third person, of the fact The written statement must be accompanied by a
which give rise to their EXECUTION AND OF certificate that such officer has the custody of official
THE DATE OF THE LATTER. records (Sec. 28, Rule 132).

Proof of [existence] of official record Last wills and testaments

a. An official publication thereof; or Wills, even if notarized, do not enjoy the benefits
b. (1) If the record is kept in the Philippines, by of a public document, because its due execution and
a copy of the document attested by the genuineness must be proved in a probate proceeding,
officer having legal custody of the record or under the Civil Code.
by the attestation of his deputy; (2) If the
record is not kept in the Philippines, the Explanations for alterations, otherwise
attestation must be accompanied by a inadmissible
certificate that such officer has the custody; 1. That the alteration was made by another
and (3) If the office in which the record is without his concurrence;
kept is in a foreign country, the certificate 2. That the alteration was made with the
may be made by a secretary of the embassy consent of the parties affected by it;
or legation, consul-general, consul, vice- 3. That the alteration was otherwise properly or
consul, or consular agent or by any officer in innocently made; or
the foreign service of the Philippines 4. That the alteration did not in any way
stationed in the foreign country in which the change the meaning or language of the
record is kept, and authenticated by the seal instrument (Sec. 31, Rule 132)
of his office. (Sec. 24, Rule 132)
- Attestation must state that the copy Grounds for impeachment of judicial record
is a correct copy of the original or a 1. Lack of jurisdiction in the court or judicial
specific part thereof, as the case officer;
may be, and must be under an 2. Collusion between the parties; or
official seal. 3. Fraud in the party offering the record in
Foreign judgments and divorce decrees are respect to the proceedings.
included here.
Contracts that need to be embodied in a public
Irremovability of public records instrument for validity
Any public record, an official copy of which is 1. Donation of an immovable;
admissible in evidence, must not be removed from 2. Donation of a movable with a value
the office in which it is kept, except upon order of a exceeding P5,000; and
court where the inspection of the record is essential 3. A partnership where immovable property or
to the just determination of a pending case (Sec. 26, real rights are contributed.
Rule 132)
Proof of documents in an unofficial language
SPA executed abroad To be admissible, must be accompanied by a
A notary public in a foreign country is not one of translation into English or Filipino (Sec. 33, Rule 132).
those who can issue the certificate mentioned in Sec.
24 of Rule 132. Church registries
It is well-settled that Church registries of births,
Proving public record of a private document marriages, and deaths made subsequent to the
1. By the original record; or promulgation of General Orders No. 68 (Dec. 18,
2. By a copy thereof, attested by the legal 1889) and the passage of Act No. 190 (Aug. 7, 1901)
custodian of the record, with an appropriate are no longer public writings, nor are they kept by
certificate that such officer has the custody duly authorized public officials. They are private
(Sec. 27, Rule 132) writings and their authenticity must therefore be
proved as are all other private writings in accordance
Proof of lack of record with the rules of evidence.
Officer supposedly having custody of an official
record or his deputy to sign a written statement
containing the following:
1. There has been a diligent search of the
record; and

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