SAN BEDA COLLEGE

ALABANG
SCHOOL OF LAW

EVIDENCE
Atty. Francesca Lourdes M. Sega

Rule 128 General Provisions

Quantum of Evidence
Tan, Jr. v. Hosana, G.R. No. 190846, February 3, 2016
Tolentino v. Mendoza, A.C. No. 5151, October 19, 2004
Rio v. Employees Compensation Commission, G.R. No. 132558, May 9,
2000
People v. Caranguian, G.R. No. 124514, July 6, 2000

Sec. 3. Admissibility of evidence

People v. Del Monte y Gapay, G.R. No. 179940, April 23, 2008
BSB Group, Inc. v. Go, G.R. No. 168644, February 16, 2010
People v. Galleno, G.R. No. 123546, July 2, 1998
De Jesus v. Sanchez-Malit, A.C. No. 6470, July 8, 2014
People v. Samontaez, G.R. No. 134530, December 4, 2000
Navarro v. Court of Appeals, G.R. No. 121087, August 26, 1999

Rule 129 What Need Not Be Proved

Spouses Latip v. Chua, G.R. No. 177809, October 16, 2009

Sec. 1. Mandatory Judicial Notice

Siena Realty Corp. v. Gal-lang, G.R. No. 145169, May 13, 2004
B.E. San Diego, Inc. v. Court of Appeals, G.R. No. 159230, October 18,
2010
Atienza v. Board of Medicine, G.R. No. 177407, February 9, 2011
People v. Documento, G.R. No. 188706 (Resolution), March 17, 2010
Department of Environment and Natural Resources v. DENR Region 12
Employees, G.R. No. 149724, August 19, 2003
||Peltan Development, Inc. v. Court of Appeals, G.R. No. 117029, March

19, 1997
People v. Sevilleno y Villanueva, G.R. No. 129058, March 29, 1999

Sec. 2. Discretionary Judicial Notice

Candelaria v. People, G.R. No. 209386, December 8, 2014
Habagat Grill v. DMC-Urban Property Developer Inc., G.R. No. 155110,
March 31, 2005

Sec. 3. Judicial Notice, When Hearing Necessary

People v. Tundag, G.R. Nos. 135695-96, October 12, 2000
People v. Liban, G.R. Nos. 136247 & 138330, November 22, 2000

Sec. 4. Judicial Admissions

Alfelor v. Halasan, G.R. No. 165987, March 31, 2006
People v. Castillo y Lumayro, G.R. Nos. 131592-93, February 15, 2000
Tan v. People, G.R. No. 218902, October 17, 2016
Eastern Shipping Lines, Inc. v. BPI/MS Insurance Corp., G.R. No.
182864, January 12, 2015
Constantino v. Heirs of Constantino, Jr., G.R. No. 181508, October 2,
2013
Atillo III v. Court of Appeals, G.R. No. 119053 (Resolution), January 23,
1997

Rule 130 Rules of Admissibility

A. Object (Real Evidence)

Sec. 1. Object as Evidence
People v. Rullepa y Guinto, G.R. No. 131516, March 5, 2003
Bank of the Philippine Islands v. Reyes, G.R. No. 157177, February 11,
2008
Ricalde v. People, G.R. No. 211002, January 21, 2015

B. Documentary Evidence
Sec. 2. Documentary Evidence
1. Best Evidence Rule
Sec. 3. Original Document Must be Produced
Consolidated Bank and Trust Corp. v. Del Monte Motor Works Inc., G.R.
No. 143338, July 29, 2005
Atienza v. Board of Medicine, G.R. No. 177407, February 9, 2011
Bayani Magdayao v. People, G.R. No. 152881, August 17, 2004
Estrada v. Desierto, G.R. Nos. 146710-15, 146738 (Resolution), April 3,
2001
Manila Mining Corporation v. Tan, G.R. No. 171702, February 12, 2009
People v. Casingal, G.R. No. 132214, August 1, 2000
Josef v. People, G.R. No. 146424, November 18, 2005
Lorenzana v. Lelina, G.R. No. 187850, August 17, 2016
People v. Mantis, G.R. Nos. 150613-14, [June 29, 2004
People v. Cayabyab, G.R. No. 167147, August 3, 2005

Heirs of Prodon v. Heirs of Alvarez, G.R. No. 170604, September 2,

2013
Marquez v. Espejo, G.R. No. 168387, August 25, 2010
Nissan North Edsa v. United Philippine Scout Veterans Detective and
Protective Agency, G.R. No. 179470, April 20, 2010
Arceo, Jr. v. People, G.R. No. 142641, July 17, 2006
Rule on Electronic Evidence, A.M. No. 01-7-01-SC, August 1,
2001 and Expansion of the Coverage of the Rules on Electronic
Evidence, September 24, 2002
Republic Act No. 8792, Electronic Commerce Act
Implementing Rules and Regulations of the E-Commerce Act,
July 13, 2000
Garcillano v. House of Representatives Committees on Public
Information, G.R. No. 170338, 179275, December 23, 2008
People v. Enojas y Hingpit, G.R. No. 204894, March 10, 2014
Maliksi v. Commission on Elections, G.R. No. 203302, March 12, 2013
Bartolome v. Maranan, A.M. No. P-11-2979, November 18, 2014
MCC Industial Sales Corp. v. Ssangyong Corp., G.R. No. 170633,
October 17, 2007
Garvida v. Sales, Jr., G.R. No. 124893, April 18, 1997
National Power Corporation v. Codilla, Jr., G.R. No. 170491, April 3,
2007

Sec. 4. Original of Document

Bank of the Philippine Islands v. SMP, Inc., G.R. No. 175466
(Resolution), December 23, 2009
Capital Shoes Factory, Ltd. v. Traveler Kids, Inc., G.R. No. 200065,
September 24, 2014

2. Secondary Evidence
Sec. 5. When Original document is unavailable
Dantis v. Maghinang, Jr., G.R. No. 191696, April 10, 2013
Country Bankers Insurance Corp. v. Lagman, G.R. No. 165487, July 13,
2011
Republic v. Spouses Mateo, G.R. No. 148025, August 13, 2004
Citibank v. Teodoro, G.R. No. 150905, September 23, 2003

Sec. 6. When original document is in adverse partys custody

or control
Bayani Magdayao v. People, G.R. No. 152881, August 17, 2004

Sec. 7. Evidence Admissible when the original document is a

public record
Republic v. Development Resources Corp., G.R. No. 180218, December
18, 2009
Bunagan-Bansig v. Celera, A.C. No. 5581, January 14, 2014
Saad Agro-Industries, Inc. v. Republic, G.R. No. 152570, September 27,
2006
Cabugao y Sison v. People, G.R. No. 158033, July 30, 2004

Sec. 8. Party who calls for document not bound to offer it

Rule 27, Rules of Court

3. Parol Evidence Rule

Sec. 9. Evidence of written agreements
Pilipinas Bank v. Court of Appeals, G.R. No. 141060, September 29,
2000
Eagleridge Development Corp. v. Cameron Granville 3 Asset
Management, Inc., G.R. No. 204700 (Resolution), November 24, 2014
Manila Electric Co. v. Heirs of Spouses Deloy, G.R. No. 192893, June 5,
2013
Spouses Paras v. Kimwa Construction and Development Corp., G.R. No.
171601, April 8, 2015
Marquez v. Espejo, G.R. No. 168387, August 25, 2010
Spouses Amoncio v. Benedicto, G.R. No. 171707, July 28, 2008
Spouses Trinidad v. Imson, G.R. No. 197728, September 16, 2015
Leighton Contractors Philippines, Inc. v. CNP Industries, Inc., G.R. No.
160972, March 9, 2010
Rosario Textile Mills Corp. v. Home Bankers Savings and Trust Co., G.R.
No. 137232, June 29, 2005

4. Interpretation of Documents
Art. 788-794, Civil Code
Art. 1370-1379, Civil Code

Sec. 10. Interpretation of a writing according to its legal

meaning

Sec. 11. Instrument construed so as to give effect to all

provisions
Home Development Mutual Fund v. Court of Appeals, G.R. No. 118972,
April 3, 1998
BPI-Family Savings Bank, Inc. v. Spouses Domingo, G.R. No. 158676,
November 27, 2006
Development Bank of the Phils. v. Court of Appeals, G.R. No. 137557,
October 30, 2000
De Mesa v. Court of Appeals, G.R. Nos. 106467-68, October 19, 1999
Multinational Village Homeowners Association Inc. v. Ara Security &
Surveillance Agency, G.R. No. 154852, October 21, 2004

Sec. 12. Interpretation according to intention; general and

particular provisions
Caedo v. Kampilan Security and Detective Agency, Inc., G.R. No.
179326, July 31, 2013

Sec. 13. Interpretation according to circumstance

Sec. 14. Peculiar signification of terms
Moreno, Jr. v. Private Management Office, G.R. No. 159373, November
16, 2006
Jimenez v. Reyes, G.R. No. 8227, March 9, 1914
Security Bank Corp. v. Court of Appeals, G.R. No. 141733, February 8,
2007
Enriquez v. A. S. Watson & Co. Ltd., G.R. No. 7180, March 30, 1912

Sec. 15. Written words control printed

Jarque v. Smith, Bell & Co., Ltd., G.R. No. 32986, November 11, 1930]
De los Santos v. Vibar, G.R. No. 150931, July 16, 2008

Sec. 16. Experts and interpreters to be used in explaining

certain writings

Sec. 17. Of two constructions, which preferred

Horrigan v. Troika Commercial Inc., G.R. No. 148411, November 29,
2005
Asturias Sugar Central, Inc. v. Pure Cane Molasses Co., G.R. No.
36026A, November 16, 1932
Enriquez v. A. S. Watson & Co. Ltd., G.R. No. 7180, March 30, 1912

Sec. 18. Construction in favor of natural right

Sec. 19. Interpretation according to usage

C. Testimonial Evidence

1. Qualification of Witnesses

Sec. 20. Witnesses; their qualifications

Armed Forces of the Philippines Retirement and Separation Benefits
System v. Republic, G.R. No. 188956, March 20, 2013
People v. Umali y Amado, G.R. No. 84450, February 4, 1991
People v. Dominguez, G.R. No. 100199, January 18, 1993
People v. De Leon, G.R. No. 115367, September 28, 1995
People v. Aleman y Longhas, G.R. No. 181539, July 24, 2013
People v. Bustos, G.R. No. 27200, January 20, 1928
People v. Tuangco, G.R. No. 130331, November 22, 2000
People v. Gerones, G.R. No. 91116, January 24, 1991
People v. Hamto y Coderas, G.R. No. 128137, August 2, 2001
People v. Deauna, G.R. Nos. 143200-01, August 1, 2002

People v. Acbangin, G.R. No. 117216, August 9, 2000

People v. Mendoza, G.R. No. 113791, February 22, 1996
People v. Galas, G.R. No. 114007, September 24, 1996
Rule on Examination of a Child Witness, A.M. No. 004-07-SC,
December 15, 2000
People v. Esugon y Avila, G.R. No. 195244, June 22, 2015
People v. Ibaez y Albante, G.R. No. 197813, September 25, 2013
People v. Rama, G.R. No. 136304, January 25, 2001

Sec. 21. Disqualification by reason of mental incapacity or

immaturity
People v. Obogne, G.R. No. 199740 (Resolution), March 24, 2014
Dulla v. Court of Appeals, G.R. No. 123164, February 18, 2000
People v. Golimlim, G.R. No. 145225, April 2, 2004
People v. Maceda, G.R. No. 138805, February 28, 2001
People v. Lagarto y Petilla, G.R. Nos. 118828 & 119371, February 29,
2000

Sec. 22. Disqualification by reason of marriage

Alvarez v. Ramirez, G.R. No. 143439, October 14, 2005
People v. Quidato, Jr., G.R. No. 117401, October 1, 1998
People v. Pasensoy, G.R. No. 140634, September 12, 2002

Sec. 23. Disqualification by reason of death or insanity of

adverse party
Tan v. Court of Appeals, G.R. No. 125861, September 9, 1998
Sanson v. Court of Appeals, G.R. No. 127745, April 22, 2003
Garcia v. Vda. de Caparas, G.R. No. 180843, April 17, 2013
Intestate Estate of Tongco v. Vianzon, G.R. No. 27498, September 20,
1927
Babao v. Perez, G.R. No. L-8334, December 28, 1957
Hko Ah Pao v. Ting, G.R. No. 153476, September 27, 2006
Santos v. Santos, G.R. No. 133895, October 2, 2001
Sunga-Chan v. Chua, G.R. No. 143340, August 15, 2001
Bordalba v. Court of Appeals, G.R. No. 112443, January 25, 2002
Londres v. Court of Appeals, G.R. No. 136427, December 17, 2002
Cequena v. Bolante, G.R. No. 137944, April 6, 2000
Goi v. Court of Appeals, G.R. No. L-27434, September 23, 1986
Asturias v. Court of Appeals, G.R. No. L-17895, September 30, 1963
Fitzsimmons v. Atlantic, Gulf & Pacific Co. of Manila, G.R. No. L-2016,
August 23, 1949
Icard v. Masigan, G.R. No. 47442, April 8, 1941

Sec. 24. Disqualification by reason of privileged communication

Eagleridge Development Corp. v. Cameron Granville 3 Asset
Management, Inc., G.R. No. 204700 (Resolution), November 24, 2014
Air Philippines Corp. v. Pennswell, Inc., G.R. No. 172835, December 13,
2007
a. husband and wife
Zulueta v. Court of Appeals, G.R. No. 107383, February 20, 1996
Lacurom v. Jacoba, A.C. No. 5921, March 10, 2006
United States v. Antipolo, G.R. No. L-13109, March 6, 1918
People v. Carlos, G.R. No. 22948, March 17, 1925

b. attorney and client

Hilado v. David, G.R. No. L-961, September 21, 1949
Regala v. Sandiganbayan, G.R. No. 105938, 108113, September 20,
1996
Saura, Jr. v. Agdeppa, A.C. No. 4426, 4429 (Resolution), February 17,
2000
Sanvicente v. People, G.R. No. 132081, November 26, 2002

c. person authorized to practice medicine and patient

Gonzales v. Court of Appeals, G.R. No. 117740, October 30, 1998
Lim v. Court of Appeals, G.R. No. 91114, September 25, 1992
Chan v. Chan, G.R. No. 179786, July 24, 2013
Krohn v. Court of Appeals, G.R. No. 108854, June 14, 1994

d. minister or priest and person making the confession

e. public officer

f. others
Rule on Examination of a Child Witness, A.M. No. 004-07-SC, December
15, 2000
Neri v. Senate Committee on Accountability of Public Officers and
Investigations, G.R. No. 180643, March 25, 2008
RA 1405, An Act Prohibiting Disclosure Of Or Inquiry Into, Deposits With
Any Banking Institution And Providing Penalty Therefor
Philippine National Bank v. Gancayco, G.R. No. L-18343, September 30,
1965
Banco Filipino Savings and Mortgage Bank v. Purisima, G.R. No. 56429,
May 28, 1988
People v. Estrada, G.R. Nos. 164368-69, April 2, 2009
RA 10365, An Act Further Strengthening The Anti-Money Laundering
Law, Amending For The Purpose Republic Act No. 9160, Otherwise
Known As The Anti-Money Laundering Act Of 2001, As Amended
Pentagon Steel Corp. v. Court of Appeals, G.R. No. 174141, June 26,
2009

Sec. 25. Parental and filial privilege

Art. 215, Family Code
Lee v. Court of Appeals, G.R. No. 177861, July 13, 2010
People v. Invencion y Soriano, G.R. No. 131636, March 5, 2003

3. Admissions and Confessions

Sec. 26. Admissions of a Party

Sanvicente v. People, G.R. No. 132081, November 26, 2002
People v. Lorenzo y Corsino, G.R. No. 110107, January 26, 1995
Estrada v. Desierto, G.R. Nos. 146710-15, 146738 (Resolution), April 3,
2001
Sanvicente v. People, G.R. No. 132081, November 26, 2002
People v. Caritativo, G.R. Nos. 145452-53, June 10, 2003
Estrella v. Court of Appeals, G.R. No. L-44902, April 20, 1989
Cuison v. Court of Appeals, G.R. No. 88539, October 26, 1993
People v. Licayan y Sucano, G.R. No. 144422, February 28, 2002
People v. Zuela y Morandarte, G.R. No. 112177, January 28, 2000

People v. Omictin y Singco, G.R. No. 188130, July 26, 2010

Heirs of Clemea y Zurbano v. Heirs of Bien, G.R. No. 155508,
September 11, 2006

Sec. 27. Offer of compromise not admissible

People v. Magdadaro y Gerona, G.R. Nos. 89370-72, May 15, 1991

Civil Cases
Smith Bell and Co. (Philippines), Inc. v. Court of Appeals, G.R. No.
56294, May 20, 1991
Trans-Pacific Industrial Supplies, Inc. v. Court of Appeals, G.R. No.
109172, August 19, 1994
Tan v. Rodil Enterprises, G.R. No. 168071, December 18, 2006
Servicewide Specialists, Inc. v. Court of Appeals, G.R. No. 117728, June
26, 1996
El Varadero de Manila v. Insular Lumber Co., G.R. No. L-21911,
September 15, 1924
Philippine Airlines, Inc. v. PAL Employees Savings & Loan Association,
Inc., G.R. No. 201073, February 10, 2016

Criminal Cases
People v. De Joya y Cruz, G.R. No. 75028, November 8, 1991
People v. Mejia y Villafania, G.R. Nos. 118940-41 & 119407, July 7,
1997
San Miguel Corp. v. Kalalo, G.R. No. 185522, June 13, 2012
People v. Manuel, G.R. No. 92503, July 8, 1991
People v. Mangat y Palomata, G.R. No. 131618, July 6, 1999
Bricenio v. People, G.R. No. 157804, June 20, 2006
People v. De Guzman y Sico, G.R. No. 117217, December 2, 1996
People v. Abadies y Claveria, G.R. Nos. 139346-50, July 11, 2002
People v. Prades, G.R. No. 127569, July 30, 1998
People v. Erguiza, G.R. No. 171348, November 26, 2008
People v. Bayani, G.R. No. 120894, October 3, 1996

Sec. 28. Admission by third-party/ Res inter alios acta, Part

One
People v. Raquel, G.R. No. 119005, December 2, 1996
Tamargo v. Awingan, G.R. No. 177727, January 19, 2010
FGU Insurance Corp. v. G.P. Sarmiento Trucking Corp., G.R. No. 141910,
August 6, 2002
Reyes v. Ombudsman, G.R. Nos. 212593-94, 213163-78, 213540-41,
213542-43, 215880-94 & 213475-76, March 15, 2016
Salapuddin v. Court of Appeals, G.R. No. 184681 (Resolution), February
25, 2013
Santiago v. Court of Appeals, G.R. No. 128517, September 10, 1998

Sec. 29. Admission by co-partner or agent

Estrada v. Desierto, G.R. Nos. 146710-15, 146738 (Resolution), April 3,
2001
Learning Child, Inc. v. Ayala Alabang Village Association, G.R. No.
134269, 134440, 144518, July 7, 2010
Narra Nickel Mining & Development Corp. v. Redmont Consolidated
Mines Corp., G.R. No. 195580, April 21, 2014

Sec. 30. Admission by conspirator

People v. Bokingo, G.R. No. 187536, August 10, 2011
People v. Palijon, G.R. No. 123545, October 18, 2000
People v. Cachuela, G.R. No. 191752, June 10, 2013
People v. Constancio y Bacungay, G.R. No. 206226, April 4, 2016
People v. Comiling, G.R. No. 140405, March 4, 2004
People v. Baydo y Arcamo, G.R. No. 113799, June 17, 1997
People v. Baharan, G.R. No. 188314, January 10, 2011

Sec. 31. Admission by privies

Republic v. Sandiganbayan, G.R. No. 152154, July 15, 2003

Sec. 32. Admission by silence

People v. Roa, G.R. Nos. 138195-96, July 10, 2003
People v. Magdadaro y Gerona, G.R. Nos. 89370-72, May 15, 1991
People v. Paragsa, G.R. No. L-44060, July 20, 1978
Solas v. Power Telephone Supply Phils., Inc., G.R. No. 162332, August
28, 2008
People v. Ranario, G.R. No. 25083, August 17, 1926

Sec. 33. Confession

People v. De los Santos, G.R. No. L-35598, May 29, 1987
People v. Satorre, G.R. No. 133858, August 12, 2003
People v. Cavite, G.R. No. 86784, November 8, 1991
United States v. Corrales, G.R. No. 9230, November 10, 1914
People v. Artellero, G.R. No. 129211, October 2, 2000
People v. Urro, G.R. No. L-28405, April 27, 1972
People v. Bascugin y Agquiz, G.R. No. 184704, June 30, 2009
People v. Muit, G.R. No. 181043, October 8, 2008

Ra 7438, An Act Defining Certain Rights Of Person Arrested, Detained

Or Under Custodial Investigation As Well As The Duties Of The
Arresting, Detaining And Investigating Officers, And Providing Penalties
For Violations Thereof
People v. Omilig y Mancia, G.R. No. 206296, August 12, 2015
People v. Deniega y Macoy, G.R. No. 103499, December 29, 1995
People v. Felixminia y Camacho, G.R. No. 125333, March 20, 2002
People v. Jimenez, G.R. No. 82604, December 10, 1991
People v. Chi Chan Liu, G.R. No. 189272, January 21, 2015
Aquino v. Paiste, G.R. No. 147782, June 25, 2008
Mesina v. People, G.R. No. 162489, June 17, 2015
People v. Guting y Tomas, G.R. No. 205412, September 9, 2015
People v. Sison, G.R. No. 70906, May 30, 1986
Manuel v. N.C. Construction Supply, G.R. No. 127553, November 28,
1997
People v. Marra y Zarate, G.R. No. 108494, September 20, 1994
People v. Suarez, G.R. No. 111193, January 28, 1997
People v. Buluran y Ramirez, G.R. No. 113940, February 15, 2000
People v. Guillermo y Garcia, G.R. No. 147786, January 20, 2004
People v. Galgarin, G.R. No. 133026, February 20, 2001
Gutang v. People, G.R. No. 135406, July 11, 2000
People v. Paynor, G.R. No. 116222, September 9, 1996
People v. Gamboa, G.R. No. 91374, February 25, 1991
People v. Carreon, G.R. No. L-2154, April 26, 1950
People v. Omilig y Mancia, G.R. No. 206296 , August 12, 2015
Ladiana v. People, G.R. No. 144293, December 4, 2002

4. Previous Conduct as Evidence

Sec. 34. Similar acts as evidence/ Res inter alios acta, Part 2
Cruz v. Court of Appeals, G.R. No. 126713, July 27, 1998
Tanzo v. Drilon, G.R. No. 106671, March 30, 2000
People v. Acosta, G.R. No. 126351, February 18, 2000
People v. Magpayo, G.R. Nos. 92961-64, September 1, 1993
People v. Dadles, G.R. Nos. 118620-21, September 1, 1997
Tanzo v. Drilon, G.R. No. 106671, March 30, 2000
People v. Magtuloy y Montaray, G.R. No. 105671, June 30, 1993
Malig v. Sandiganbayan, G.R. No. 71712, April 15, 1988
People v. Saguban, G.R. No. 96287, April 25, 1994

RA 8505, Rape Victim Assistance and Protection Act of 1998

RA 10364, Expanded Anti-Trafficking in Persons Act of 2012
Child Witness, A.M. No. 004-07-SC, December 15, 2000

Sec. 35. Unaccepted offer

Mclaughlin v. Court of Appeals, G.R. No. L-57552, [October 10, 1986