Chapter V answer to the fact of his or her previous final

conviction for an offense

Testimonial Evidence
Qualifications of a Witness
Lesson 13: Witnesses
Legal Basis
Rights and Obligations of Witnesses
Revised Rules on Evidence, Rule 130, Section 21.
Legal Basis Witnesses; their qualifications
Revised Rules on Evidence, Rule 132, Section 3. - All persons who can perceive, and perceiving, can
Rights and obligations of a witness make known their perception to others, may be
witnesses.
- A witness must answer questions, although his or her
Religious or political belief, interest in the outcome of
answer may tend to establish a claim against him or her.
the case, or conviction of a crime, unless otherwise
However, it is the right of a witness:
provided by the law, shall not be a ground for
(1) To be protected from irrelevant, improper, or disqualification.
insulting questions, and from harsh or insulting
demeanor; Rule on the Examination of Child Witnesses,
Section 4(a)
(2) Not to be detained longer than the interest of
justice required; - A “child’s witness” is any person who at the time of
giving testimony is below the age of eighteen (18)
(3) Not to be examined except only as to matter years. In child abuse cases, a child includes one over
pertinent to the issue; eighteen (18) years old but is found by the court as
(4) Not to give an answer which will tend to unable to fully take care of himself or protect himself
subject him or her to a penalty for an offense from abuse, neglect, cruelty, exploitation or
unless otherwise provided by law; or discrimination because of a physical or mental
disability or condition.
(5) Not to give an answer which will tend to
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,
degrade his or her reputation, unless it be to the 2021
very fact at issue or to a fact from which the fact
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
in issue would be presumed. But a witness must
PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS from the other during the marriage except in a civil case
STRICTLY PROHIBITED
by one against the other, or in a criminal case for a
crime committed by one against the other or the latter’s
direct descendants or ascendants.
Disqualifications of Witnesses
b. An attorney or person reasonably believed by the
Legal Basis client to be licensed to engage in the practice of law
cannot, without the consent of the client, be examined
Revised Rules on Evidence, Rule 130, Section 22. as to any communication made by the client to him or
Testimony confined to personal knowledge her, or his or her advice given thereon in the course of,
- A witness can testify only to those facts which he or or with a view to, professional employment, nor can an
she knows of his or her personal knowledge that is, attorney’s secretary, stenographer, or clerk, or other
which are derived from his or her own perception. persons assisting the attorney be examined without the
consent of the client and his or her employer,
Revised Rules on Evidence, Rule 130, Section 23. concerning any fact the knowledge of which has been
Disqualification by reason of marriage acquired in such capacity, except in the following cases:

- During their marriage, the husband or the wife cannot i. Furtherance of crime or fraud. If the services
testify against the other without the consent of the or advice of the lawyer were sought or obtained
affected spouse, except in a civil case by one against the to enable or aid anyone to commit or plan to
other, or in a criminal case for a crime committed by commit what the client knew or reasonably
one against the other of the latter’s direct descendants should have known to be a crime or fraud;
or ascendants, ii. Claimants through same deceased client. As
Revised Rules on Evidence, Rule 130, Section 24. to a communication relevant to a issue between
parties who claim through the same deceased
Disqualifications by reason of privileged
client, regardless of whether the claims are by
communications testate or intestate or by an inter vivos
- The following persons cannot testify as to matter transaction;
learned in confidence in the following cases:
a. The husband or the wife, during or after the marriage, Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,
cannot be examined without the consent of the other as 2021
to any communication received in confidence by one
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC the patient’s family, who have participated in the
PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
diagnosis or treatment of the patient under the direction
INTELLECTUAL CREATION WITHOUT MY CONSENT IS of the physician or psychotherapist.
STRICTLY PROHIBITED
A “psychotherapist” is”
a. A person licensed to practice medicine engaged
in the diagnosis or treatment of a mental or
iii. Breach of duty by lawyer or client. As to a emotional condition, or;
communication relevant to an issue of breach of b. A person licensed as a psychologist by the
duty by the lawyer to his or her client, or by the government while similarly engaged
client to his or her lawyer;

d. A minister, priest a person reasonably believed to be

iv. Document attested by the lawyer. As to a or so cannot, without the consent of the affected
communication relevant to an issue concerning person, be examined as to any communication or
an attested document to which the lawyer is an confession made to or any advice given by him or
attesting witness; or her professional character, in the course of
discipline enjoined by the church to which the
v. Joint clients. As to communication, relevant minister or priest belongs.
to a matter of common interest between two or e. A public officer cannot be examined during or after
more clients if the communication was made by his or her tenure as to communications made to him
any of them to a lawyer retained or consulted in or her in official confidence, when the court finds
common, when offered in an action between any that the public interest would suffer by the
of the clients, unless they have expressly agreed disclosure.
otherwise. The communication shall remain privileged,
c. A physician, psychotherapist or person reasonably even in the hands of the third person who may
believed by the patient to be authorized to practice have obtained the information, provided that the
medicine or psychotherapy cannot in a civil case, original parties to the communication took
without the consent of the patient, be examined as to reasonable precaution to protect its
any confidential communication made for the purpose confidentiality.
of diagnosis or treatment of the patient’s physical,
mental or emotional condition, including members of
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, witness, a person must himself or herself directly
2021
observe the event and thus gain firsthand or personal
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC knowledge of it. If the person has no personal
PURPOSES AND SHALL BE DEEMED TO BE USED knowledge of the fact that he or she is going to testify
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS about, then he or she is disqualified for lack of firsthand
STRICTLY PROHIBITED or personal knowledge.

Revised Rules on Evidence, Rule 130, Section 25. Disqualifications by Reason of Marriage
Parental and filial privilege Spouses, in general cannot testify against each
- No person shall be compelled to testify against his or other while they are married. This is called
her parents, other direct ascendants, children or other “spousal immunity”. The Supreme Court laid
direct descendants, except when such testimony is down the reasons why we have the rule or
indispensable in a crime against that person or by one marital privilege, as follows: first, the identity of
parent against the other. interest; second, the consequent danger of
perjury; third, the policy of the law which deems
Revised Rules on Evidence, Rule 130, Section 26. it necessary to guard the security and
Privilege relating to trade secrets confidences of private life even at the risk of an
occasional failure of justice, and which rejects
- A person cannot be compelled to testify about any such evidence because its admission would lead
secret, unless the non-disclosure will conceal fraud or to domestic disunion and unhappiness and
otherwise work injustice. When disclosure is directed, fourth, because where a want of domestic
the court shall take such protective measure as the tranquility exists, there is no danger of
interest of the owner of the trade secret and of the punishing one spouse through the hostile
furtherance of justice may require. testimony of the other.
Disqualifications for Lack of Personal Knowledge
or Perception to Testify
A witness can testify only to those facts which he or she
knows of his or her personal knowledge or one that is
derived from his or her own perception. This is known
as the “Firsthand Knowledge Rule.” To qualify as a
 This Rule incorporates Article 215 of the Family Code,
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,
which states that “no descendants shall be compelled, in
2021 a criminal case, to testify against his parents and
grandparents, except when such testimony is
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED indispensable in a crime against the descendant or by
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID one another against the other.” It is not strictly a rule on
INTELLECTUAL CREATION WITHOUT MY CONSENT IS disqualification because of a descendant is not
STRICTLY PROHIBITED
incompetent or disqualified to testify against as
ascendant. The rule refers to a privilege not to testify,
which can be invoked or waived like other privileges.
Disqualifications by Reason of Privileged
Communications Trade Secrets Privilege
Certain communications made in confidence enjoy This is a newly incorporated privilege under the 2019
privilege and can therefore not be compelled from Rules on Evidence, Supreme Court decisions have
witnesses. These communications are considered recognized that trade secrets and banking transactions
privileged to protect the relationship and to promote are among the recognized restrictions to the right of the
trust between the persons in the relationship. It must be people to information as embodied in the Constitution.
emphasized that to be fully afforded the privilege, the Aside form the national security matters and
communications must be made in confidence to the intelligence information, trade or industrial secrets
other person in the relationship. It cannot be extended (pursuant to the Intellectual Property Code and the
to a third person who is not related to the declarant in other related laws) as well as banking transactions
any of the following manners: (pursuant to the Secrecy of Bank Deposits Acts) are
also exempted from compulsory disclosure. Particularly
a. Communication between husband and wife as to trade secrets, these are considered privileged
b. Communication between attorney and client information because they give the owner an opportunity
c. Communication between physician or psychotherapist to obtain an advantage over competitions who are not
and patient aware of the information.
d. Communication between priest and penitent
e. Communication to public officers affecting public
interest

Parental and Filial Privilege

 - For the purpose of impeaching a witness, evidence
that he or she has been convicted by final judgement of
a crime shall be admitted if (a) the crime was
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, punishable by a penalty in excess of one year; (b) crime
2021
involved moral turpitude; regardless of the penalty;
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED However, evidence of a conviction is not admissible if
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID the conviction has been subject of an amnesty or
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED
annulment of the conviction.

Impeachment of Witness Revised Rules on Evidence, Rule 132, Section 13.

Party may not impeach his or her own witness
Legal Basis
- Except with respect to witnesses referred to in
Revised Rules on Evidence, Rule 132, Section 11. paragraphs (d) and (e) od Section 10 of this Rule, the party
Impeachment of the adverse party’s witness presenting the witness is not allowed to impeach his or her
credibility.
- A witness may be impeached by the party against
whom he or she was called, by contradictory evidence, A witness may be considered as unwilling or hostile
by evidence that his or her general reputation for truth, only if so declared by the court upon adequate showing of his
honesty or integrity is bad, or by evidence that he or she or her adverse interest, unjustified reluctance to testify, or his
has made at other times statements inconsistent with his or her having misled the party into calling him or her to the
or her present testimony, but not by evidence of witness stand.
particular wrongful acts, except that it may be shown by
The unwilling or hostile witness so declared, or the
the examination of the witness, or record of the
witness who is an adverse party, may be impeached by the
judgement, that he or she has been convicted of an
party presenting him or her in all aspects as if he or she had
offense.
been called by the adverse party, except by evidence of his or
Revised Rules on Evidence, Rule 132, Section 12. her bad character. He or she may also be impeached and cross-
Impeachment by evidence of conviction of crime examined by the adverse party, but such cross-examination
must only be on the subject matter of his or her examination-in- Evidence of the good character of a witness is not
chief. admissible until such character has been impeached

Lesson 14: Admissions by Third Parties

Res Inter Alios Acta Rule
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,
2021 Legal Basis
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED
Revised Rules on Evidence, Rule 130, Section 29.
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID Admission by the third party
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED - The rights of a party cannot be prejudiced by an act,
declaration or omission of another, except as hereinafter
provided.
Revised Rules on Evidence, Rule 132, Section 14.
The general rule is that an act, declaration or omission
Impeachment of the adverse party’s witness of another person cannot negatively affect the rights of
- Before a witness can be impeached by evidence that an individual. This is captured by the Latin maxim, res
he or she has made at other times statements inter alios acta alteri nocere non debet, which literally
inconsistent with his or her present testimony, the means “Things done between strangers ought not to
statements must be related to him or her, with the injure those who are not parties to them”. The reason
circumstances of the times and places and the persons for the rule is justice.
present, and he or she must be asked whether he or she
Indeed, it would be unjust if an individual who had
made such statements, and if so, allowed to explain
nothing to do with the act, declaration, or omission of
them. If the statements be in writing, they must be
another person will be made liable for what he or she
shown to the witness before any question is put to him
did not do. The Supreme Court describes the reason for
or her concerning them.
the rules are follows:
Revised Rules on Evidence, Rule 130, Section 54. On a principle of good faith and mutual
Character evidence not generally admissible, convenience, a man’s own acts are binding
exceptions upon himself, and are evidence against him. So
are his conduct and declarations. Yet it would
- In Criminal and Civil Cases; not only be rightly inconvenient, but also
 manifestly unjust, that a man should be bound Revised Rules on Evidence, Rule 130, Section 31.
by the acts or mere unauthorized strangers; and Admission by conspirator
if a party ought not to be bound by the acts of
strangers, neither ought their acts or conduct be - The act or declaration of a conspirator in furtherance
used as evidence against him. of the conspiracy and during its existence, may be given
in evidence against the co-conspirator after the
conspiracy is shown by the evidence other than such act
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, or declaration.
2021

REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC

Revised Rules on Evidence, Rule 130, Section 32.
PURPOSES AND SHALL BE DEEMED TO BE USED Admission by privies
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS - Where one derives title to property from another, the
STRICTLY PROHIBITED
latter’s act, declaration, or omission, in relation to the
property, is evidence against the former if done while
the latter was holding the title.

Revised Rules on Evidence, Rule 130, Section 33.

Exceptions to Res Inter Alios Acta
Admission by silence
Legal Basis
- An act or declaration made in the presence and within
Revised Rules on Evidence, Rule 130, Section 30. the hearing or observation of a party who does or says
Admission by co-partner or agent nothing when the act or declaration is such as naturally
to call for action or comment if not true, and when
- The act or declaration of a partner or agent authorized proper and possible for him or her to do so, may be
by the party to make a statement concerning the subject, given in evidence against him or her.
or within the scope of his or her authority and during
the existence of the partnership or agency, may be Lesson 15: Hearsay Evidence
given in evidence against such party after the
partnership or agency is shown by evidence other than Hearsay Rule
such act or declaration. The same rule applies to the act Legal Basis
or declaration of a joint owner, join debtor, or other
person jointly interested with the party.
Revised Rules on Evidence, Rule 130, Section 37. Legal Basis
Hearsay
Revised Rules on Evidence, Rule 130, Section 38.
- Hearsay is a statement other than one made by the Dying declaration
declarant while testifying at a trial or hearing, offered to prove
the truth of the facts asserted therein. A statement is (1) an oral - The declaration of a dying person, made under the
or written assertion (2) a non-verbal conduct of a person, if it is consciousness of an impending death is the subject of
intended by him or her as an assertion. Hearsay evidence is inquiry, as evidence of the cause and surrounding
inadmissible except as otherwise provided in these Rules. circumstances of such death.

Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, Revised Rules on Evidence, Rule 130, Section 39.
2021
Statement of decedent or person of unsound mind
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED - In an action against an executor or administrator or
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID other representative of a deceased person, or against a
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED person of unsound mind, upon a claim or demand
against the estate of such deceased person or against in
Revised Rules on Evidence, Rule 130, Section 37. such person of unsound mind, where a party or assignor
Hearsay or a party or a person in whose behalf a case is
prosecuted testifies on a matter of fact occurring before
- A statement is not hearsay if the declarant testifies at the death of the deceased person or before the person
the trial or hearing and is subject to cross-examination became of unsound mind, any statement of the deceased
concerning the statement, and the statement is (a) or the person of the unsound mind, may be received in
inconsistent with the declarant’s testimony, and was evidence if the statement was made upon the personal
given under oath subject to the penalty of perjury at a knowledge od the deceased or the person of unsound
trial, hearing or other proceeding or in a deposition, (b) mind at a time when the matter had been recently
consistent with the declarant’s testimony and is offered perceived by him or her and while her recollection was
to rebut an express or implied charge against the clear. Such statements, is inadmissible if made under
declarant or recent fabrication or improper influence or circumstances indicating its lack of trustworthiness.
motive or (c) one of identification of a person made
after perceiving him or her. Revised Rules on Evidence, Rule 130, Section 40.
Declaration against interest
Exception to the Hearsay Rule
 - The declaration made a person deceased or unable to controversy, and the relationship between the two
testify against the interest of the declarant, if the fact persons is shown by evidence other than such act or
asserted in the declaration was at the same time made declaration. The word “pedigree” includes relationship,
so far contrary to the declarant’s own interest that a family genealogy, birth, marriage, death, the date when
reasonable person in his or her position would not have and the places where these facts occurred and the names
made the declaration unless he or she believed it to be of the relatives. It embraces also facts of family history
true, may be received in evidence against himself or intimately connected with pedigree.
herself or his or her successors in interest and against
Revised Rules on Evidence, Rule 130, Section 42.
third persons.
Family reputation or tradition regarding pedigree
- The reputation of tradition existing in a family
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,
2021 previous to the controversy, in respect to the pedigree
of any one of its members, may be received in evidence
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED
if the witness testifying thereon be also a member of the
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID family, either by consanguinity, affinity or adoption.
INTELLECTUAL CREATION WITHOUT MY CONSENT IS Entries in family bibles or other family books or charts,
STRICTLY PROHIBITED
engraving in rings, family portraits and the like, may be
A statement tending to expose the declarant to criminal received as evidence of pedigree.
liability and offered to exculpate the accused is not
Revised Rules on Evidence, Rule 130, Section 43.
admissible unless corroborating circumstances clearly
indicate the trustworthiness of the statement. Common reputation

Revised Rules on Evidence, Rule 130, Section 41. - Common reputation existing previous to the
controversy, as to boundaries of a customs affecting
Act or declaration about pedigree
lands in the community and reputation as to events of
- The act or declaration of a person deceased or unable general history important to the community or
to testify, in respect to the pedigree of another person respecting marriage or moral character, may be given in
related to him or her by birth, adoption, or marriage or evidence. Monuments and inscriptions in public places
in the absence thereof, with whose family he or she was may be received as evidence of common reputation.
intimately associated as to be likely to have accurate
Revised Rules on Evidence, Rule 130, Section 44.
information concerning his or her pedigree, may be
received in evidence where it occurred before the Part of the res gestae
 - Statements made by a person while startling custodian or other qualified witnesses, is excepted form
occurrence is taking place or immediately prior or the rule on hearsay evidence.
subsequent therein, under the stress of excitement
Revised Rules on Evidence, Rule 130, Section 46.
caused by the occurrence with respect to the
circumstances thereof, may be given in evidence as part Entries in official records
of the res gestae. So, also, statements accompanying an - Entries in official records made in the performance of
equivocal act material to the issue, and giving it a legal his or her duty by a public officer of the Philippines, or
significance, may be received as part of the res gestae. by a person in the performance of a duty specially
enjoined by law, are prima facie evidence of the facts
therein stated.
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,
2021
Revised Rules on Evidence, Rule 130, Section 47.
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC Commercial lists and the like
PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
- Evidence of statements of matters of interest to
STRICTLY PROHIBITED persons engaged in an occupation contained in a list,
register, periodical, or other published compilation is
admissible as tending to prove the truth of any relevant
Revised Rules on Evidence, Rule 130, Section 45. matter so stated if that compilation is published for use
by persons engaged in that occupation and is generally
Records of regularly conducted business activity
used and relied upon by them therein.
- A memorandum, report, record or data compilation of
Revised Rules on Evidence, Rule 130, Section 48.
acts, events, conditions, opinions, or diagnoses, made
by writing, typing, electronic, optical or other similar Learned treaties
events means at or near the time of or from - A published treatise, periodical or pamphlet on a
transmission or supply of information by a person with subject of history, law, science, or art is admissible as
knowledge thereof, and kept in the regular course or tending to prove the truth of a matter stated therein if
conduct of a business activity, and such was the regular the court takes judicial notice, or a witness expert in the
practice to make the memorandum, report, record or subject testifies, that the writer of the statement in the
data compilation by electronic, optical or similar means, treaties, periodical or pamphlet is recognized in his or
all of which are shown by the testimony of the her profession or calling as expert in the subject.
Revised Rules on Evidence, Rule 130, Section 49. rules and the interests of justice will be best served by
Testimony or deposition at a former proceeding admission of the statement into evidence. However, a
statement may not be admitted under this exception
- The testimony or deposition of a witness deceased or unless the proponent makes known to the adverse party,
out of the Philippines or who cannot, with due sufficiently in advance of the hearing, or by the pre-trial
diligence, be found therein, or is unavailable or stage in the case of a trial of the main case, to provide
otherwise unable to testify, given in a former case or the adverse party with a fair opportunity to prepare to
proceeding, judicial or administrative, involving the meet it, the proponent’s intention to offer the statement
same parties and subject matter, may be given in and the particulars of it, including the name and address
evidence against the adverse party who had the of the declarant.
opportunity of cross-examine him or her.
Lesson 16: Opinions of Witnesses
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,
Opinions of Witnesses
2021
Legal Basis
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED Revised Rules on Evidence, Rule 130, Section 51.
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS General rule
STRICTLY PROHIBITED
- The opinion of the witness is not admissible except as
indicated in the following sections.
Revised Rules on Evidence, Rule 130, Section 50. Revised Rules on Evidence, Rule 130, Section 52.
Residual exception Opinion od expert witness
- A statement not specifically covered by any of the - The opinion of a witness on a matter requiring special
foregoing exceptions, having equivalent circumstantial knowledge, skill, experience, training or education,
guarantees of trustworthiness, is admissible if the court which he or she is shown to possess, may be received in
determine that (a) the statement is offered as evidence evidence.
of a material fact; (b) the statement is more probative
on the point for which it is offered than any other The requisites for the admissibility of expert opinion as
evidence which the proponent can procure through follows:
reasonable efforts; and (c) the general purposes of these
 1. The expert witness has special knowledge, skill, (c) The mental sanity of a person with whom he or she
experience or training, or education. is sufficiently acquainted;
2. The expert witness’ qualifications enable them to speak
witness may also testify his or her impression of the
with authority on the subject
emotion, behavior, condition or appearance of a person.
3. The expert witness is familiar with the standard
required of a professional under similar circumstances

Opinion of Ordinary Witness and Character Revised Rules on Evidence, Rule 130, Section 54.
Evidence Character evidence not generally admissible
exceptions
Legal Basis
- Evidence of a person’s character or a trait of character
Revised Rules on Evidence, Rule 130, Section 53. is not admissible for the purpose of providing action in
Opinion of ordinary witnesses conformity therewith on a particular occasion except:

- The opinion of a witness for which proper basis given,

may be received in evidence regarding: (a) In Criminal Case:
1. The character of the offended party may be
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, proved if it tends to establish in any reasonable
2021 degree the probability of the offense charged
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC 2. The accused may prove his or her good moral
PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID character, pertinent to the moral trait involved in
INTELLECTUAL CREATION WITHOUT MY CONSENT IS the offense charged. However, the prosecution
STRICTLY PROHIBITED may not prove his or her bad moral character
unless on rebuttal.

(a) The identity of a person about whom he or she (b) In Civil Cases:
adequate knowledge; Evidence of the moral character of a party in a
(b) A handwriting with which he or she has sufficient civil case is admissible only when pertinent to
familiarity; and the issue of character involved in the case.
 In all cases in which evidence of character or a
trait of character of a person is admissible, proof
may be made by testimony as to reputation or by
testimony in the form of an opinion. On cross-
examination, inquiry is allowed into relevant
specific instances of conduct.
In cases in which character or a trait of character
of a person is an essential element of a charge,
claim or defense, proof may also be made of
specific instances of that person’s conduct.

Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence,

2021

REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC

PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
INTELLECTUAL CREATION WITHOUT MY CONSENT IS
STRICTLY PROHIBITED