Highlights in EVIDENCE Word Version

8/3/2019 Highlights in EVIDENCE Word Version

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Highlights in EVIDENCE

RULE 128

GENERAL PROVISIONS

DEFINITION:

1. Evidence the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth

respecting a matter of fact. (Sec. 1, Rule 128)

Evidence the means of proving

Proof the effect of evidence

Quantum of Evidence

a. Proof beyond reasonable doubt - required in criminal cases; does not mean such degree of proof as

excluding possibility of error, and/or producing absolute certainty. Moral certainty is only required, or that

degree of proof which produces conviction in an unprejudiced mind.

b. Preponderance of evidence required in civil cases; evidence which is of greater weight, or more

convincing, than that which is offered in opposition thereto. (Sec. 2, Rule 133)

c. Substantial evidence - sufficient in administrative proceedings; that amount of relevant evidence which a

reasonable mind might accept as adequate to justify a conclusion. (Sec. 5, Rule 133)

ADMISSIBILITY OF EVIDENCE

Section 3. ADMISSIBILITY OF EVIDENCE

Requisites of Admissibility:

The evidence must be:

a. Relevant - has a logical connection with the fact in issue;

b. Competent - not excluded by the Rules on Evidence, the law and the constitution

Two Axioms of Admissibility

a. Axiom of Relevancy - None but facts having rational probative value are admissible;

b. Axiom of Competency - All facts having rational probative value are admissible, unless some specific

rule forbids. (1 Wigmore)

Collateral Matters

CLASSIFICATION OF COLLATERAL MATTERS:

1) Prospectant Collateral matters - are those preceding of the fact in issue but pointing forward to it.

Example: moral character, motive, conspiracy.

2) Concomitant Collateral matters - are those accompanying the fact in issue and pointing to it.

Example: alibi, or opportunity and incompatibility;

3) Retrospectant Collateral matters - are those succeeding the fact in issue but pointing backward to it.

Example: flight and concealment, behavior of the accused upon being arrested, fingerprints or

footprints, articles left at the scene of the crime which may identify the culprit. (1 Wigmore)

Collateral Matters

Collateral matters are not allowed.

Exception: Admissible when they tend in any reasonable degree to establish the probability or

improbability of the fact in issue.


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Knowledge, motive, or intent may often be ascertained from evidence of transactions, apparently collateral,

and such evidence, if shown to be relevant, is admissible for such and similar purpose. Such evidence is

admissible in both civil and criminal cases.

The rule is that when a persons conduct is in issue the fact that the person engaged in conduct of the

same sort on a different occasion may be shown as tending to shed some light on some quality of the

conduct in question such as intent, knowledge, good or bad faith, malice or other state of mind or bodily

feeling. (1 Jones)

RULE 129

WHAT NEED NOT BE PROVED

The following facts need NOT be proved:

a. Those which the court may take judicial notice of; (rule 129)

b. Those which are judicially admitted; (Rule 129)

c. Those which are conclusively presumed; (Rule 131)

d. Those which are disputably presumed but uncontradicted. (Rule 131)

Judicial Notice

Facts Subject to MANDATORY Judicial Notice

a. Territorial extent of states;

b. Political history of states;

c. Forms of government of states;

d. Symbols of nationality;

e. Law of nations;

f. Admiralty courts and their seals;

g. Political constitution and history of the Philippines;

h. Matters relating to our legislative department;

i. Matters relating to our executive department;

j. Matters relating to the courts of justice;

k. Laws of nature;

l. Measure of time; and

m. Geographical divisions

Judicial Notice

Facts Subject to DISCRETIONARY Judicial Notice

1) Matters of public knowledge;

2) Matters capable of unquestionable demonstration; and

3) Matters ought to be known to judges because of their judicial functions.

RULE 130

RULES OF ADMISSIBILITY

OBJECT (REAL) EVIDENCE

Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact

in issue, it may be exhibited to, examined or viewed by the court.

Classification of Object Evidence

a. That which consists in the exhibition or production of the object inside or outside the courtroom,


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b. That which consists in the inspection of the object outside the courtroom (ocular inspection), and

c. That which consists in the making of an experiment

Requisites for Admissibility:

a. The object must be relevant to the fact in issue; and

b. The object must be authenticated before it is admitted.

DOCUMENTARY EVIDENCE

Documents as evidence consist of writing or any material containing letters, words, numbers, figures,

symbols or other modes of written expression offered as proof of their contents.

BEST EVIDENCE RULE

When the subject of inquiry is the contents of a document, no evidence shall be admissible other than theoriginal document itself.

Exceptions:

1) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the

part of the offeror;

2) When the original is in the custody or under the control of the party against whom the evidence is

offered, and the latter fails to produce it after reasonable notice;

3) When the original consists of numerous accounts or other documents which cannot be examined in

court without great loss of time and the fact sought to be established from them is only the general result of

the whole; and

4) When the original is a public record in the custody of a public officer or is recorded in a public office.

What are Considered Original Documents?

a. The original of a document is one the contents of which are the subject of inquiry.

b. When a document is in two or more copies executed at or about the same time, with identical contents,all such copies are equally regarded as originals.

c. When an entry is repeated in the regular course of business, one being copied from another at or near

the time of the transaction, all the entries are likewise equally regarded as originals.

d. An electronic document, if it is a printout or output readable by sight or other means shown to reflect the

data accurately. (Rules on Electronic Evidence, A.M. No. 01-7-01-SC)

SECONDARY EVIDENCE

Secondary evidence is admissible when the original documents were actually lost or destroyed. But prior

to the introduction of such secondary document, the proponent must establish the former existence of the

document.

Requisites to Admit Secondary Evidence

a. The execution or existence of the original,

b. The loss and destruction of the original or its non-production in court, and

c. The unavailability of the original is not due to bad faith on the part of the offeror

PAROL EVIDENCE RULE


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Exceptions to Parole Evidence Rule: A party may present evidence to modify, explain or add to the terms

of written agreement if he puts in issue in his pleading:

a. An intrinsic ambiguity, mistake or imperfection in the written agreement;

Note: It must be intrinsic ambiguity, i.e., when the writing admits two or more meanings or when it

is understood in more than one way. Extrinsic ambiguity on the other hand, is one where the

document on its face is so unintelligible and the words used so defective that it totally fails to

express a meaning, in such case parol evidence is forbidden.

b. The failure of the written agreement to express the true intent and agreement of the parties thereto;

c. The validity of the written agreement;

Example: where the consent of one of the parties was procured by mistake, fraud, intimidation,

violence, or undue influence.

d. The existence of other terms agreed to by the parties or their successors in interest after the execution

of the written agreement.

The term "agreement" includes wills.

Qualification of Witnesses

All persons who can perceive, and perceiving, can make known their perception to others may be

witnesses. Religious or political belief, interest in the outcome of the case, or conviction of a crime shall be

a ground for disqualification unless otherwise provided by law.

Exception: When a person is disqualified:

a. By reason of his mental condition or mental maturity;

b. Be reason of public policy;

c. By reason of confidential communication; or

d. When disqualified by law or these Rules.

When deaf mutes are competent witnesses:

a. where they can understand and appreciate the sanctity of an oath;

b. can comprehend facts they are going to testify on; and

c. can communicate their ideas through a qualified interpreter.

While an accused may voluntarily take the witness stand to testify on his behalf in a criminal case filed

against him and be cross-examined thereby, he cannot be compelled to be a witness for the prosecution.

Basis: The Constitution provides that no person shall be compelled to be a witness against himself. The

constitutional proscription is based on two grounds:

1) Public policy It would place the witness against the strongest temptation to commit perjury.

2) Humanity It would be to extort a confession of truth by force and degree of which the law abhors.

Exceptions: He can be compelled to do certain mechanical or physical acts as the right extends onlyagainst the use of physical or moral compulsion to extort communications from the accused.

The Rule on Examination of a Child Witness; Presumption of Competency:

Under the new Child Witness Rule, every child is presumed qualified to be a witness. Only when

substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish

truth from falsehood or appreciate the duty to tell the truth in court will the court, motu proprio or on motion

of a party, conduct a competency examination of a child. The court may appoint a guardian ad litem to

promote the childs best interest.

Disqualification by reason of marriage.

Sec. 22: Disqualification by reason of marriage.


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Marital Disqualification Rule

Neither husband nor wife may testify for or against the other without the consent of the other spouse

during the marriage.

Requisites:

a. Spouses are legally married, and

b. Either spouse must be a party to the case.

Exceptions:

a. In a civil case by one against the other, or

b. In a criminal case for a crime committed by one against the other.

The right to invoke this disqualification belongs to the spouse-party, therefore, he or she alone can

claim or waive it.

Dead Mans Statute or Survivor Disqualification Rule

Sec. 23: Disqualification by reason of death or insanity of adverse party.

Definition:

Dead Mans Statute or Survivor Disqualification Rule provides that if one party to the alleged transaction

is precluded from testifying by death, insanity or other mental disabilities, the surviving party is not entitled

to undue advantage of giving his own uncontradicted and unexplained account of the transaction.

Purpose: To guard against the temptation to give false testimony on the part of the surviving

party, and put the parties to the suit upon the terms of equality in regard to opportunity to produce

evidence.

Disqualification By Reason of Privileged Communication

Marital Privilege Rule

1) Requisites:

(a) That the spouses must have been legally married;

(b) That the privilege is claimed, with regard to communication, oral or written, made during the marriage;

(c) That said communication was made confidentially; and

(d) That the action or proceedings where the privilege is claimed is not by one spouse against the other.

2) Exemptions:

(a) In a civil case instituted by one against the other, and

(b) In a criminal case for a crime committed by one against the other.

Duration: The privilege endures even after the termination of the marital relation be it by the death

of either spouse or by absolute divorce.

Marital Privilege Rule

Rule When Communication Heard By Third Persons:

a) Communication overheard by third person without knowledge of the spouses is still confidential but third

party is not disqualified.

b) Communication made in the presence of third person with their knowledge, is not confidential. But

where it is uttered in the presence of mere children who are not interested, the communication is

confidential.

Attorney-Client Privilege Rule

Requisites:

a) There must be a relation of attorney and client,


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b) Communication by client to attorney, or advice given thereon by the latter to the former; and

c) Communication or advice must have been made to the attorney in the course of or with a view to

professional employment.

Professional communications are not privileged when such communications are for an unlawful purpose,

having for their purpose the commission of a crime.

The privilege belongs to the client and only he can invoke it. It extends to the attorneys secretary,stenographer, or clerk concerning any fact acquired in such capacity; or any other agent of transmitting the

communication, originating from the clients agent and made to the attorney or from the attorneys agent to

the attorney.

Physician-Patient Privilege Rule

Requisites:

a) The action in which the advice or treatment given or any information is to be used is a civil case;

b) The relation of physician and patient existed between the person claiming the privilege or his legal

representative and the physician;

c) The advice or treatment given by him or any information was acquired by the physician while

professionally attending the patient;

d) The information was necessary for the performance of his professional duty; and

The disclosure of the information would tend to blacken the reputation of the patient.

Persons Disqualified in the Rule

a) Any person authorized to practice medicine, surgery, or obstetrics

b) Dentists

c) Pharmacists

d) Nurses

Waiver of Privilege under Rule 28: A party, in an action where the court ordered for the examination of his

mental or physical condition, by requesting and obtaining a report of the said examination or by taking the

deposition of the examiner, waives any privilege he may have in that action or any other involving the

same controversy, regarding the testimony of every other person who has examined or may thereafter

examine him in respect of the same mental or physical examination.

Priest-Penitent Privilege Rule

Requisites:

a) The minister or priest must be so according to the sect or denomination to which he belongs;

b) the communication is made to him in his professional capacity or character; and

c) it is made in the course of discipline enjoined by the rules or practices of his sect or denomination.

The confession herein must be made to acquire divine absolution or sacramental in character.

Matters not Allowed to Testify on:

a) The confession given to him

b) Advice he gave to the person who confessed, provided that the confession was made to the priest or

minister in his professional capacity and that the confession was given in accordance with the rights of the

church or organization to which the priest or minister belong.

Privileged Communication to Public Officer

Requisites:

a) The communication must have been made to a public officer;

b) The communication was made in official confidence; and


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c) Public interest would suffer by the disclosure of the communication.

Exceptions:

a) When useful to vindicate the innocence of an accused person, or

b) To lessen the risk of false testimony, or

c) When essential to the proper disposition of the case, or

d) When the benefit to be gained is greater than any injury which could inure.

Compromise

Sec. 27: Offer of compromise not admissible.

Reason:

Lack of relevancy of the offer, that is, it may be construed as a desire for peace rather than an admission

of weakness of position or increase of relevancy; and policy considerations to promote the settling ofdisputes, which would be discouraged.

Definition:

1. Compromise an agreement made between two or more parties as a settlement of matters in dispute.

2. Privies denotes the idea of succession not only by right of heirship and testamentary legacy, but also

that of succession by singular title, derived from acts inter vivos, as by assignment, subrogation or

purchase in fact any act whereby the successor is substituted in the place of the predecessor in interest.

(Alpuerto vs. Perez, 38 Phil. 785)

Cases Where Compromise Not Valid:

a. Civil status of persons;

b. Validity of a marriage or a legal separation;

c. Any ground for legal separation;

d. Future support;

e. Jurisdiction of the courts;

f. Future legitime;

g. Habeas corpus; and

h. Election

Compromise in Criminal Cases:

In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to

be compromised, an offer of compromise by the accused may be received in evidence as an implied

admission of guilt.

Criminal Cases Where Compromise Allowed:

a. Violation of the NIRC (Tax Code);

b. Quasi-offenses under Art. 365, RPC.

The Res Inter Alios Acta Rule

The rights of a party cannot be prejudiced by an act, declaration, or omission of another.

It is based from the maxim res inter alios acta alteri nocere non debet (things done between strangers

ought not to injure those who are not parties to it)


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It is well-settled that a party is not bound by any agreement of which he has no knowledge and to which he

has not given his consent and that his rights cannot be prejudiced by the declaration, act or omission of

another, except by virtue of a particular relation between them.

Exceptions to the Res Inter Alios Acta Rule; Admissions made:

a. By a co-partner or agent; (Sec. 29)

b. By a conspirator; (Sec. 30)

c. By privies; (Sec. 31)

d. By Silence. (Sec. 32)

Sections 29, 30 and 31 are collectively classified as vicarious admissions.

Admission by co-conspirator

Requisites of Admission by co-conspirator:

a. The conspiracy be first proved be evidence other than the admission itself.

b. The admission relates to the common object.

c. It has been made while the Declarant was engaged in carrying out the conspiracy.

Note: This rule applies only to extrajudicial acts or declaration of a conspirator, but not to testimony to the

facts given on the stand at the trial where the defendant has the opportunity to cross-examine the

declarant. (People vs. Vizcarra, 115 SCRA 747)

Confession

Requisites of Confession to be Admissible

a. Must be express and categorical,

b. Given voluntarily and intelligently where the accused realizes the legal significance of his act,

c. With assistance of competent and independent counsel,

d. In writing and in the language known to and understood by the confessant, and

e. Signed, or if the confessant does not know how to read and write, thumb marked by him.

A confession obtained from a person who has not been informed of his right to silence and counsel is

inadmissible.

PREVIOUS CONDUCT AS EVIDENCE

Sec. 34: Similar acts as evidence.

Rule:

Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did

not do the same or similar thing at another time. It is well-settled that evidence is not admissible which

shows, or tends to show, that the accused in a criminal case has committed a crime wholly independentfrom the offense for which he is on trial. A man may be a notorious criminal, and may have committed

many crimes and still be innocent of the crime charged on trial. (People vs. Galo, 143 SCRA 193)

Exception: Previous acts may be received in evidence to prove a specific intent or knowledge, identity,

plan, system, scheme, habit, custom or usage, and the like.

THE HEARSAY RULE

Testimonial Knowledge

Definitions:

1. Hearsay Rule: A witness can testify only to those facts which he knows of his personal knowledge; that

is, which are derived from his own perception.


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2. Hearsay oral testimony or documentary evidence as to somebodys words or actions outside of court

where they are offered to prove the truth of the very natters they assert; includes all assertions which have

not been subject to opportunity for cross-examination by the adversary at the trial in which they are being

offered against him.

EXCEPTIONS TO THE HEARSAY RULE :

a. Dying declaration; (Sec. 37)

b. Declaration against interest; (Sec. 38)

c. Act or declaration about pedigree; (Sec. 39)

d. Family reputation or tradition regarding pedigree; (Sec. 40)

e. Common reputation; (Sec. 41)

f. Part of the res gestae; (Sec. 42)

g. Entries in the course of business; (Sec. 43)

h. Entries in official records; (Sec. 44)

i. Commercial lists and the like; (Sec. 45)

j. Learned treatises; (Sec. 46)

k. Business records made by electronic, optical or other similar means. (Sec. 8, Rules on Electronic

Evidence)

Dying Declaration

Requisites for an Admissible of Dying Declaration:

a. The statement concerns the crime and surrounding circumstance of the declarants death;

b. At the time it was made, the Declarant was under the consciousness of an impending death;

c. The declarant would have been competent as a witness had he survived; and

d. The declaration was offered in a criminal case for homicide, murder, or parricide, in which the declarant

was the victim.

Declaration Against Interest

Requisites:

1) the declarant is dead or unable to testify,

2) It relates to a fact against the interest of the declarant,

3) At the time he made the declaration, the declarant was aware that the same was contrary to his

aforesaid interest, and

4) The declarant had no motive to falsify and believed such declaration to be true.

The Interest Must be Actual or Real: It is essential that at the time of the statement, the declarants interestaffected thereby should be actual, real or apparent, not merely contingent, future or conditional; otherwise,

the declaration would not in reality be against interest. Similarly, declarations of a former owner of the

property affected are not admissible.

Admissible Against Third Persons: If all the requisites for admission of a declaration against interest are

present, the admission is admissible not only against the declarant but against third persons even against

the State.

Declaration About Pedigree

Pedigree The history of family descent which is transmitted from one generation to another by both oraland written declarations and by traditions.

Requisites:


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1) That declarant is dead or unable to testify;

2) That pedigree is in issue;

3) That declarant be related to the person whose pedigree is the subject of inquiry;

4) That such relationship be shown by evidence other than the declaration; and

5) That the declaration was made ante litem motam or before any controversy has arisen thereon

Family Reputation or Tradition Regarding Pedigree

Requisites:

1) There is controversy in respect to the pedigree of any members of the family;

2) The reputation or tradition of the pedigree of the person concerned existed previous to the controversy;

and

3) The witness testifying to the reputation or tradition regarding the pedigree of the person concerned must

be a member of the family of said person either by consanguinity or affinity.

Entries in family bibles or other family books or charts, engraving on rings, family portraits and the like,

may be received as evidence of pedigree.

Note: The reputation is the one known in the family circles and not in the community, except the reputation

with respect to marriage, which may proceed from persons who are not members of the family. (In Re

Florencio Mallari, 59 SCRA 45)

Res gestae

Part of the Res Gestae literally means transactions or things done; refers to those exclamations and

statements made by either the participants, victims, or spectators to a crime immediately before, during or

immediately after the commission of the crime, when the circumstances are such that the statements were

made as a spontaneous reaction or utterance inspired by the excitement of the occasion and there was no

opportunity for the declarant to deliberate and to fabricate a false statement.

Entries in the Course of Business

Requisites:

1) Entries must have been made at or near the time of the transaction, to which they refer;

2) Entrant must have been in a position to know the facts stated in the entries;

3) Entries must have been made by entrant in his professional capacity or in the performance of his duty;

4) Entries were made in the ordinary or regular course of business or duties; and

5) Entrant must be deceased or unable to testify.

Entries in Official Records

Entries in Official Records

Requisites:

1) That the entry was made by a public officer or by another person specially enjoined by law to do so;

2) That it was made by the public officer in the performance of his duties, or by such other person in the

performance of a duty specially enjoined by law; and

3) That the public officer or other person had sufficient knowledge of the facts by him stated, which must

have been acquired by him personally or through official information.

Commercial Lists and the like


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Commercial Lists and the like

Requisites:

1) Statements of matters of interest to persons engaged in an occupation;

2) Statements must be contained in a list, register, periodical or other published compilation;

3) Compilation is published for use by persons engaged in that occupation;

4) Is generally relied upon by them therein.

A report in a newspaper account is not a commercial list. At most, it is an analysis or opinion which carries

no persuasive weight.

Learned Treatises

Learned Treatises

Basis: The Alabama Rule standard medical treatises and works are admissible in so far as they are

relevant to the issues in the particular case.

Requisite:

a. That the court take judicial notice that the writer of the statement in the treatise, periodical or pamphlet is

recognized in his profession or calling as expert in the subject, or

b. A witness, expert in the subject, testifies that the writer of the statement in the treatise, periodical or

pamphlet is recognized in his profession or calling as expert in the subject.

OPINION RULE

Opinion an inference or conclusion drawn by a witness from facts, some of which are known to him and

others assumed, or drawn from facts, which although lending probability to the inference do not evolve it

by a process of absolutely necessary reasoning

General Rule: The opinion of witness is not admissible.

Exceptions:

1) Opinion of expert witness; (Sec. 49)

2) Opinion of ordinary witness. (Sec. 50)

Statement of fact as distinguished from an expression of opinion The former is susceptible of exact

knowledge while the latter is not.

Matters on Which an Ordinary Witness May Testify

1. The identity of a person about whom he has adequate knowledge;

2. A handwriting with which he has sufficient familiarity; and

3. The mental sanity of a person with whom he is sufficiently acquainted.

The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a

person.

However, it must be limited to those opinions or inferences which are rationally based on the perception of

the witness and helpful to a clear understanding of his testimony or the determination of the fact in issue.

CHARACTER EVIDENCE

General Rule: The character of a person is not admissible in evidence.

Exceptions:

Criminal Cases

1) The accused may prove his good moral character which is pertinent to the moral trait involved in the

offense charged.


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Thus, one charged with theft might offer evidence of honesty, while someone accused of murder

might show that he is peaceful, but not vice versa.

2) Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the

moral trait involved in the offense charged.

Unless and until the accused gives evidence of his good moral character, the prosecution may not

introduce evidence of or otherwise seek to establish his bad character.

3) The good or bad moral character of the offended party may be proved if it tends to establish in any

reasonable degree the probability or improbability of the offense charged.

On a charge of rape, the character of the woman is not ordinarily directly in issue, but evidence of

previous unchastity may be circumstantially relevant and admissible on the question of her

consent, where absence of consent is an essential element of the crime.

Civil Cases

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

character involved in the case.

2) Evidence of good character or reputation is not relevant in the first instance in a civil action or where the

reputation of the party has not been attacked by evidence of bad character.

As to Witnesses in Civil and Criminal Cases; Rule: Evidence of the good character of a witness is

not admissible until such character has been impeached.

A witness may be impeached by the party against whom he was called, by evidence that his

general reputation for truth, honesty, or integrity is bad, but not by evidence of particular wrongful

acts, except that it may be shown by the examination of the witness, that he has been convicted of

an offense. Until such moral character has been impeached, the evidence of the good character of

a witness is not admissible.

RULE 131

BURDEN OF PROOF AND PRESUMPTIONS

Definitions:

Proof the establishment of a requisite degree of belief in the mind of the trier of fact as to the facts in

issue; the cumulation of evidence that persuades the trier of facts.

Burden of Proof/ Risk of Non- Persuasion:

the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by

the amount of evidence required by law.

UPON WHOM BURDEN OF PROOF RESTS:

Criminal Cases:

The burden of proof is with the prosecution by reason of the presumption of innocence.

Civil Cases:

1) the plaintiff has the burden of proof to show the truth of his allegations if the defendant raises a negative

defense

2) the defendant has the burden of proof if he raises an affirmative defense on the complaint of the plaintiff.

DEGREE OF PROOF THAT SATISFIES THE BURDEN OF PROOF

CRIMINAL CASES

1) To sustain conviction - Evidence of guilt beyond reasonable doubt.

2) Preliminary Investigation - Engender a well founded belief of the fact of the commission of a crime.

3) Issuance of warrant of arrest - Probable cause. i.e., that there is a reasonable ground to believe that theaccused has committed an offense.

CIVIL CASES: Preponderance of evidence


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HIERARCHY OF EVIDENCE

a. proof beyond reasonable doubt

b. clear and convincing evidence

c. preponderance of evidence

d. substantial evidence

Burden of Evidence- logical necessity on a party during a particular time of the trial to create a prima facie

case in his favor or to destroy that created against him by presenting evidence.

In both civil and criminal cases, the burden of evidence lies on the party who asserts an affirmative

allegation.

PRESUMPTIONS

Classes of Presumption Juris

1) Conclusive Presumption (jure et de jure) one which cannot be overcome by evidence to the contrary.

2) Disputable Presumption (juris tantum) one which is satisfactory if uncontradicted, but may be

contradicted and overcome by other evidence.

Classes of Conclusive Presumption

a. Estoppel in Pais: Whenever a party has, by his own declaration, act, or omission, intentionally and

deliberately led another to believe a particular thing is true, and to act upon such belief, he cannot, in any

litigation arising out of such declaration, act or omission, be permitted to falsify it.

b. Estoppel Against Tenant: The tenant is not permitted to deny the title of his landlord at the time of the

commencement of the relation of landlord and tenant between them.

What a tenant is estopped from denying is the title of his landlord at the time of the

commencement of the landlord-tenant relation. If the title is one that is alleged to have been

acquired subsequent to the commencement of that relation, the presumption will not apply. The

tenant may show that the landlords title has expired or been conveyed to another or himself.

RULE 132

PRESENTATION OF EVIDENCE EXAMINATION OF WITNESSES

Section 1. Examination to be Done in Open Court

HOW ORAL EVIDENCE GIVEN: The usual way of presenting oral testimony is to call the witness to thestand and ask him questions. The testimony of witnesses is elicited by interrogation or the propounding of

questions.

Purpose: to enable the court to judge the credibility of the witness by:

1) the witness way of testifying,

2) their intelligence and

3) their appearance

PRESENTATION OF EVIDENCE EXAMINATION OF WITNESSES

Questions propounded to a witness must:

a. BE relevant;

b. NOT be indefinite or uncertain;

c. NOT be argumentative;

d. NOT call for conclusion of law;

e. NOT call for opinion or hearsay evidence;

f. NOT call for illegal answer;

g. NOT call for self-incriminating testimony;


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h. NOT be leading;

i. NOT be misleading;

j. NOT tend to degrade reputation of witness;

k. NOT be repetitious;

l. NOT call for a narration.

Order in the examination of an individual witness

Secction 4. Order in the examination of an individual witness.

Order:

1. direct examination;

2. cross-examination;

3. redirect examination;

4. re-cross examination.

DIRECT EXAMINATION the examination-in-chief of a witness.

GENERAL RULE: Testimony in narrative form is NOT allowed.

Exceptions:

Witness is her own counsel. (Thresher vs. Bank, 68 Conn. 201, 36 Atl. 38)

When allowed by the trial court. (People vs. Davis, 6 Cal. App. 229, 91 Pac. 810)

CROSS-EXAMINATION

CROSS-EXAMINATION an examination to rebut matters stated in the direct examination and any

inference or deductions which may be drawn therefrom.

PURPOSES:

1) to discredit the witness;

2) to discredit the testimony of the witness;

3) to clarify certain matters;

4) to elicit admissions from a witness.

Scope or Limits of Cross-Examination:

1) English Rule a witness is called to testify to a particular fact, he becomes a witness for all purposes

and may be fully cross-examined upon all matters material to the issue, the examination not being

confined to the matters inquired about in the direct examination.

2) American Rule restricts cross-examination to facts and circumstances which are connected with the

matters that have been stated in the direct examination of the witness.

Note: Both rules are followed in the Philippines.

REDIRECT EXAMINATION

REDIRECT EXAMINATION a reexamination of the witness by the party calling him after he has been

cross-examined to explain or supplement his answers given during cross-examination.

Questions on matters not dealt with during the cross-examination may be allowed by the court in its

discretion.

Purpose: To complete the answer of a witness or of adding a new matter which has been omitted, or of

correcting a possible misinterpretation of testimony. (People vs. de Guzman, GRN 117217, Dec. 2, 1996)

RECALLING WITNESS


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Section 9. RECALLING WITNESS

GENERAL RULE: A witness cannot be recalled after the examination by both parties has been concluded.

Exception: When allowed by the court in the interest of justice.

LEADING QUESTION

LEADING QUESTION one which suggests to the witness the answer which the examining party desires.

General Rule: Leading question is not allowed.

Exceptions:

a) On cross-examination;

b) On preliminary matters;

c) When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child

of tender years, or is of feeble mind, or a deaf-mute;

d) Of an unwilling or hostile witness; or

e) Of a witness who is an adverse party or an officer, director, or managing agent of a public or private

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

MISLEADING QUESTION

MISLEADING QUESTION one which assumes as true a fact not yet testified to by the witness, or

contrary to that which he has previously stated.

General Rule: A misleading question is not allowed.

Exceptions:

a) when waived;

b) asking hypothetical questions to an expert witness.

IMPEACHING WITNESS

PROCEDURE FOR IMPEACHING WITNESS BY EVIDENCE OF PRIOR INCONSISTENT STATEMENTS

(LAYING THE PREDICATE)

a. The statement must be related to him with the circumstances of the times and places and persons

present;

b. If the statement be in writing they must be shown to the witness before any question is put to him

concerning them; and

c. he must be asked whether he made such statements, and if so, allowed to EXPLAIN them.

IMPEACHMENT OF WITNESSES: To impeach a witness means to discredit the witness testimony.

Impeaching a witness is a fundamental right on cross-examination.

Methods of Impeaching a Witness

By the Adverse Party

a) By contradictory evidence

b) By general reputation for truth, honesty or integrity is bad

c) By previous inconsistent statements

Note: However, a witness cannot be impeached by evidence of particular wrongful acts unless there is a

showing of previous conviction by final judgment. Existence of pending information may not be shown to

impeach him. (People vs. Nanas, GRN 137299, Aug. 21, 2001)

By a Party to His Own Witness:


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a) General Rule: A party cannot impeach the credibility of his own witness.

b) Exception: When the witness he produced or called is an adverse witness, or one declared by the court

as unwilling or a hostile witness.

c) Exception to the Exception: The adverse witness, or unwilling or hostile witness cannot be impeached

by evidence of his bad character.

Unwilling or Hostile Witness one declared by the court as such upon adequate showing:

1) of his adverse interest;

2) unjustified reluctance to testify; or

3) his having misled the party into calling him to the witness stand.

WITNESS MAY REFER TO MEMORANDUM

This rule permits a witness to refresh his memory respecting a fact by anything written or recorded by

himself or under his direction. This provision applies only when it is shown beforehand that there is need to

refresh the memory of the witness.

Requisites:

1) The entries were written or recorded by the witness himself;

2) He made such entries at the time the events occurred, or immediately thereafter, or at any other time

when the facts were still fresh in his memory; and

3) The writer must assure the court that when the entries were made, those entries reflected the truth.

AUTHENTICATION AND PROOF OF DOCUMENTS

AUTHENTICATION AND PROOF OF DOCUMENTS:

Classification of Documents

a. Public Documents

1) The written official acts, or records of the official acts of the sovereign authority, official bodies and

tribunals, and public officers, whether of the Philippines, or of a foreign country;

2) Documents acknowledged before a notary public except last wills and testaments; and

3) Public records, kept in the Philippines, of private documents required by law to be entered therein.

4) A document electronically notarized in accordance with the rules promulgated by the Supreme Court.

(Rules on Electronic Evidence, A.M. No. 01-7-01-SC)

b. All other writings are private.

Note: In criminal law, documents are classified into public, official, commercial and private documents. But

when these types of documents are offered in evidence, they fall into either public or private documents.

PROOF OF AUTHENTICITY

PRIVATE DOCUMENT

The due execution and authenticity must be proved by:

a) By anyone who saw the document executed or written; or

b) By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it s claimed to be.

Private Documents that Need not be Authenticated to be Admissible

a) Ancient Document;

Requisites:

(1) It is more than thirty (30) years old at the time it is introduced in evidence;


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(2) It is produced from a custody where it ought to be had it been genuine; and

(3) It does not bear any sign of alteration or circumstances of suspicion.

HANDWRITING: The genuineness of handwriting may be proved:

a. By any witness who believes it to be the handwriting of such person because:

1) he has seen the person write; or

2) he has seen writing purporting to be his upon which the witness has acted or been charged.

b. By a comparison, made by the witness or the court with writings admitted or treated as genuine by the

party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge.

Handwriting experts are not mandatory.

PUBLIC DOCUMENTS: The admission of a public record or an entry thereof, must be evidenced:

a. Domestic Record (a record kept in the Philippines)

1) By an official publication; or

2) By a copy thereof:

a) attested by the officer having the custody of the record, or his deputy;

b) with a certificate that such officer has the custody

b. Foreign Record (a record kept in a foreign country)

1) By an official publication; or

2) By a copy thereof:

a) attested by the officer having the legal custody of the record, or his deputy; and

b) accompanied by a certificate by a secretary of the embassy or legation, consul general, consul,

vice-consul, or consular agent or by any officer in the foreign service of the Philippines stationed in

the foreign country in which the record is kept, and authenticated by the seal of his office.

PUBLIC RECORD OF A PRIVATE DOCUMENT: It may be proved by:

a. The original record; or

b. A copy thereof:

1) attested by the legal custodian of the record; and

2) accompanied by an appropriate certificate that such officer has the custody.

OFFER AND OBJECTION

Need of Formal Offer:

General Rule: No evidence shall be admitted which has not been formally offered. Neither can affidavits be

considered on the assertion alone of the defense that the same had been appended to the criminal

complaints or on the ground that their existence had been admitted by the prosecution.

Formal offer of evidence is essential because the decision of a judge must rest solely and strictly upon the

evidence presented during the trial, and no finding of fact can be sustained without a solid footing on

evidence. (Ala-Martin vs. Hon. Sultan, GRN 117512, Oct. 2, 2001)

Exception: Evidence not formally offered to be admitted is allowed provided the following requirements are

present:

1) The same must have been duly identified by testimony duly recorded; and

2) The same must have been incorporated to the records of the case.

Evidence offered in rebuttal is not automatically excluded just because it would have been more properly

admitted in the case in chief. Whether evidence could have been more properly admitted in the case in

chief is not a test of admissibility of evidence in rebuttal. (People vs. Mazo, GRN 136869, Pct. 17, 2001)


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TIME TO OFFER EVIDENCE:

a. Testimonial Evidence the formal offer must be made at the time the witness is called to testify.

b. Documentary and Object Evidence the formal offer is not when the said evidence is exhibited in court,

but after the presentation of a partys testimonial evidence. Such offer shall be done orally, unless allowed

by the court to be done in writing.

Note: The defendant cannot offer his evidence before the plaintiff has rested.

TIME TO OBJECT TO EVIDENCE

a. Testimonial Evidence objection must be made immediately after the offer is made.

Questions propounded in the course of the testimony shall be made as soon as the ground therefore

becomes reasonably apparent.

Should a witness answer the question before the adverse party had the opportunity to object, and such

objection is meritorious, the court shall sustain the objection and order the answer given to be stricken off

the record. (Sec. 39, Rule 132)

b. Object Evidence the objection to the exhibit must be made at the time of the presentation of the

exhibit, when the purpose of introducing the same is made. It is premature to object to an exhibit at the

time it is identified.

c. Documentary Evidence the objection must when it is offered in evidence.

An offer of evidence in writing shall be objected to within three (3) days after notice of the offer unless a

different period is allowed by the court.

OFFER AND OBJECTION

TENDER OF EXCLUDED EVIDENCE: If the trial court rejects an evidence offered by a party, the partys

recourse is to make a formal offer of proof, stating on the record what the witness could have testified to

were his testimony not excluded, as well as attaching to the record any rejected exhibits.

How to Make Offer of Proof

1) Oral Evidence it shall be formally offered to be made part of the record and offeror may state for the

record the name and other personal circumstances of the witness and the substance of his testimony.

2) Documentary and Object Evidence it shall be formally offered to be made part of the record and

attached them to the record.

RULE 133

WEIGHT AND SUFFICIENCY OF EVIDENCE

Admissibility not Synonymous with Credibility:

The mere fact that evidence is admissible does not necessarily mean that it is also credible. The testimony

of a witness may be admissible if relevant but it is not for this reason alone believable.

Prima Facie Evidence:

Evidence which, standing alone unexplained or uncontroverted, is sufficient to maintain the proposition

affirmed. It is such as, in judgment of law, is sufficient to establish the fact, and if not rebutted, remains

sufficient for that purpose.

QUANTUM OF PROOF:

Civil Cases

Preponderance of Evidence evidence which is of greater weight, or more convincing, than that which is

offered in opposition to it; that testimony adduced by one side which is more credible and conclusive than

that of the other.

Criminal Cases

1) Proof Beyond Reasonable Doubt evidence that produces in an unprejudiced mind that moral certainty

(not absolute certainty) so necessary to bring about conviction.

2) Moral Certainty a certainty that convinces and satisfies the reason and conscience of those who are to

act upon it.


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The Equipoise Rule

Where the evidence of the parties in a criminal case is evenly balanced, the constitutional presumption of

innocence should tit the scales in favor of the accused. (People vs. Benemerito, GRN 120389, Nov. 21,

1996)

If the inculpatory facts and circumstances are capable of two or more explanations one of which is

consistent with the innocence of the accused and the other consistent with his guilt, then the evidence

does not fulfill the test of moral certainty and is not sufficient to support a conviction. (People vs. Agustin,GRN 114681, July 16, 1995)

Circumstantial Evidence

In order that circumstantial evidence may constitute proof beyond reasonable doubt, the following

elements must concur:

a) There is more than one circumstance;

b) The facts from which the inference are derived are proven; and

c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.

Reasonable Doubt

does not mean that which of possibility may arise, but it is that doubt engendered by an investigation of the

whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt.

Administrative Cases

Substantial Evidence that amount of relevant evidence which a reasonable mind might accept as

adequate to justify a conclusion.

EXTRAJUDICIAL CONFESSION

a. Rule: An extrajudicial confession made by an accused shall not be sufficient ground for conviction.

Exception: When it is corroborated by evidence of corpus delicti.

b. Corpus Delicti the actual commission of the crime charged; the body of the crime or the fact of specific

loss or injury, not the body of person murdered or object stolen.

This rule means that there should be some evidence tending to show the commission of the crime apart

from the confession, such as a death certificate to prove the fact of death.

oOo