EVIDENCE (REMEDIAL LAW REVIEW 2) Exception: (ASPC)

Atty. Ferdinand Tan - By analogy, or in a suppletory

character, whenever practicable and
1. What is evidence? convenient.
- It is the means, sanctioned by the Rules,
of ascertaining in a judicial proceeding, Exception to the Exception:
the truth respecting a matter of fact. Rule 1, Section 2 of the Rules on Electronic
Evidence provides that the said rules shall apply to:
2. Factum Probandum v. Factum Probans a. Civil actions and proceedings
b. Quasi-judicial proceedings
Factum Probandum Factum Probans c. Administrative proceedings
Fact or proposition Fact or material
sought to be established. evidencing the fact or
proposition sought to be 6. Is the Rules of Evidence applicable in labor
established cases?
It is the ultimate facts. It is the intermediate - No. Because under Article 221 of the
facts. Labor Code, technical rules of evidence
It is hypothetical. It is existent. are not binding in labor cases.

3. Evidence v. Proof 7. Sources of the Rules of Evidence

- Proof is the probative effect of evidence, a. Rules of Court (Rule 128-134)
and is the conviction or persuasion of the b. Jurisprudence
mind of the person hearing the case c. Supreme Court Circulars
resulting from a consideration of d. The Efficient Use of Paper Rule (AM No. 11-9-
evidence. 4-SC)
e. Judicial Affidavit Rule (AM No. 12-8-8-SC)
4. Nature of Evidence f. Comprehensive Dangerous Drugs Act of 2002
a. It is UNIFORM because under Rule 128, (RA 9165) regarding the rule on Chain of
Section 2, “the rules of evidence shall be the Custody under Section 21, and its
same in all courts, and in all trials and implementing rules
hearings, except as otherwise provided by the g. Anti-Wiretapping Law (RA 4200)
law or by the Rules. h. Rule on Child Witness Examination
b. It gives no vested right because the rules of i. Rules on Electronic Evidence
evidence are subject to change by the j. Rules on DNA Evidence
Supreme Court pursuant to the rule making k. E-Commerce Law
powers, but subject to the prohibition on the l. RA 6981 – Providing for the Witness
enactment of an ex post facto law. Protection Program
m. 1987 Constitution
5. Rules on the Application of the Rules of n. Articles 1370-1378 of the Civil Code
Evidence o. Revised Penal Code Provisions
General Rule: it is only applicable in a judicial - Falsification of public documents
proceeding. Rule 1, Section 4 provides that “the - Forgery
Rules of Court shall not be applicable in the - Manufacturing, importing, and possession
following cases: (CLINE-0) of instruments intended for commission
a. Cadastral of falsification.
b. Land registration - Other falsities
c. Insolvency
d. Naturalization 8. Constitutional Provisions (Note:
e. Election Exclusionary Rules nalang ang kelangan
f. Other cases dito sa part na eto. Wag mo na subukan
irecite ang due process at equal
 protection. Hahaha! Pwede na din ang rule
making power)
Article III, Section 1
- No person shall be deprived of life, liberty, or
property without due process of the law nor
shall any person be denied the equal
protection of the laws
Article III, Section 2
- The right of the people to be secure in their
persons, houses, papers, and effects
- Against unreasonable searches and seizures
of whatever nature
- And for any purpose shall be inviolable,
- And no search warrant or warrant of arrest
shall issue
- Except upon probable cause to be determined
personally by the judge
- After examination under oath or affirmation
or the complainant
- And the witnesses he may produce,
- And particularly describing the place to be
searched
- And the persons or things to be seized.
Article III, Section 3
(1) The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise as
prescribed by law.
(2) Any evidence obtained in violation of this or
the preceding section shall be inadmissible
for any purpose in any proceeding.
Section 12.
1. Any person under investigation for the
commission of an offense shall have the right
to be informed of his right to remain silent
and to have competent and independent
counsel preferably of his own choice. If the
person cannot afford the services of counsel,
he must be provided with one. These rights
cannot be waived except in writing and in the
presence of counsel.
2. No torture, force, violence, threat,
intimidation, or any other means which
vitiate the free will shall be used against him.
Secret detention places, solitary,
incommunicado, or other similar forms of
detention are prohibited.
3. Any confession or admission obtained in
violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
4. The law shall provide for penal and civil
sanctions for violations of this Section as well
as compensation to the rehabilitation of
victims of torture or similar practices, and
their families.
Section 14.
1. No person shall be held to answer for a
criminal offense without due process of law.
2. In all criminal prosecutions, the accused shall
be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard
by himself and counsel, to be informed of the
nature and cause of the accusation against
him, to have a speedy, impartial, and public
trial, to meet the witnesses face to face, and to
have compulsory process to secure the
attendance of witnesses and the production
of evidence in his behalf. However, after
arraignment, trial may proceed
notwithstanding the absence of the accused:
Provided, that he has been duly notified and
his failure to appear is unjustifiable.
Section 16. All persons shall have the right to a
speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
Section 17. No person shall be compelled to be a
witness against himself.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to
determine whether or not there has been a grave even if it involves to establish a
abuse of discretion amounting to lack or excess of only a civil claim against
jurisdiction on the part of any branch or liability. himself. But he
instrumentality of the Government. cannot be
compelled to
answer questions
which will
Section 5. The Supreme Court shall have the subject him to a
following powers: penal liability.

(5) Promulgate rules concerning the

protection and enforcement of
constitutional rights, pleading,
practice, and procedure in all courts,
the admission to the practice of law,
the integrated bar, and legal
assistance to the under-privileged.
Such rules shall provide a simplified
and inexpensive procedure for the
speedy disposition of cases, shall be
uniform for all courts of the same
grade, and shall not diminish,
increase, or modify substantive rights.
Rules of procedure of special courts
and quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court.
e. Administrative Cases – The right to refuse to
take the stand does not generally apply to
parties in administrative cases or
proceedings. The parties thereto can only
refuse to answer if incriminating
questions are propounded. This Court
applied the exception – a party who is not
an accused in a criminal case is allowed
not to take the witness stand – in
administrative cases/proceedings that
partook of the nature of a criminal
proceeding or analogous to a criminal
proceeding. (Rosete v. Lim, GR No. 136051,
6/8/2006)
f. Senate Inquiries – applicable only when the
incriminating question is asked.

9. Rules on Right against Self-Incrimination 10. How to Construe the Rules of Evidence

a. Under Rule 132, Section 3 (4), a witness has Rule 1, Section 6 provides that “it shall be
the right not to give an answer which will LIBERALLY CONSTRUED in order to promote their
tend to subject him to a penalty for an offense objective of securing a just, speedy, and inexpensive
unless otherwise provided by law. disposition of every action and proceeding.”
b. The rule cannot be applied when the witness
is given a privilege under an immunity 11. May the rules of evidence be waived?
statute. (ex. Section 17 of the Ombudsman Act How?
gives the Ombudsman the right to give any - Yes. It may be waived by:
person immunity when the testimony of any a. Not objecting to an evidence otherwise
person is necessary to prosecute a public objectionable.
officer) b. Stipulation of the parties.
c. It applies only to natural persons.
d. Right of the Accused v. Right of a Witness Kinds of Evidence:
1. Object Evidence/Real Evidence/Evidence
Right of the Accused Right of a Witness of Autoptic Preference (Rule 130, Section
- The accused - The witness may 1)
cannot be be compelled to - An evidence which is addressed to the
compelled to answer senses of the court.
testify against questions, - When an object is relevant to the fact in
himself for although his issue, it may be exhibited to, examined or
whatever reason, answer may tend viewed by the court.

2. Documentary Evidence
- It consists of writings, or any material
containing letters, words, numbers, figures,
symbols, or other modes of written
expression OFFERED AS PROOF OF THEIR
CONTENTS.
3. Testimonial Evidence/Viva-Voce Evidence
- A narration or deposition by a person who
has observed or has personal knowledge of
that to which he is testifying.
4. Best Evidence
- When the subject of an inquiry is the contents
of the document, no evidence shall be
admissible other than the original document
itself.
- An evidence which affords the greatest
certainty of the fact in question.
5. Secondary/Substitutionary Evidence
- An evidence which is only admissible AFTER
LAYING THE BASIS THAT THE BEST
EVIDENCE CANNOT BE PRODUCED IN
COURT.
6. Parol Evidence
- An evidence, when put to issue in the
pleading, which modifies, explains, or adds to
the terms of the written agreement.
7. Admissible Evidence
- An evidence which is relevant to the issue and
not excluded by the law or by the Rules. (Rule
128, Section 3)
8. Relevant Evidence
- An evidence which has a relation to the fact in
issue as to induce belief in its existence or
non-existence.
9. Competent Evidence
- An evidence which is not excluded by the law
or by the Rules.
10. Prima Facie Evidence
- An evidence which, standing alone,
uncontradicted or unrebutted, is sufficient to
maintain the proposition affirmed.
11. Conclusive Evidence
- An evidence which the law does not allow to
be contradicted.
12. Corroborative Evidence
- Additional evidence of a DIFFERENT KIND
AND CHARACTER FROM THAT ALREADY
GIVEN tending to prove the same point.
13. Cumulative Evidence
- Additional evidence of SAME KIND AND
CHARACTER AS THAT ALREADY GIVEN
tending to prove the same point.
14. Positive Evidence
- An evidence that affirms that a fact did or did
not happen.
15. Negative Evidence
- An evidence that denies the fact did happen
or denies of knowing a fact that happened.
16. DNA Evidence
- The totality of the DNA profile result, and
other genetic information directly generated
from the DNA Testing of the biological
samples. (DNA= Deoxyribonucleic Acid)
17. Electronic Evidence/Electronic Document
- An information or the representation of
information, data, figures, symbols, or other
modes of written expression, described or
however represented, by which a right is
established or an obligation extinguished, or
by which a fact may be proved and affirmed,
which is received, recorded, transmitted,
stored processed, retrieved, or produced
electronically.
18. Evidence-in-chief
- Evidence primarily relied upon by the party
in asserting his claim or defense.
19. Rebuttal Evidence
- An evidence which explains, repels,
counteracts, or disproves facts given by the
adverse party.
20. Evidence on motion (Rule 133, Section 7)
- When a motion is based on facts not
appearing of record, the court may hear the
 matter on affidavits or depositions presented
by the respective parties, but the court may
direct that the matter be heard wholly or
partly on oral testimony or depositions.
21. Surrebuttal Evidence
- An evidence which explains, repels,
counteracts, or disproves facts given by the
claiming party in his rebuttal.
22. Hearsay Evidence Rule
- A witness can testify only to those facts which
he knows of his personal knowledge; that is,
which is derived from his own perception.
23. Credible Evidence
- An evidence which is not only admissible, but
also believable and relied upon by the trier of
the case.
24. Direct Evidence
- An evidence which can prove the fact in issue
without inference or presumption.
25. Circumstantial Evidence
- An evidence which proves a fact in issue
through an inference which the fact finder
draws from the evidence established.
26. Demonstrative Evidence
- An evidence that merely illustrates a matter
of importance in the litigation.
27. Material Evidence
- An evidence directed to prove a fact in issue.
28. Proof Beyond Reasonable Doubt
- A kind of evidence proving a moral certainty,
which is a degree of proof which produces
conviction in an unprejudiced mind.
29. Clear and Convincing Evidence
- An evidence which produces in the mind of a
trier of fact A FIRM BELIEF OR CONVICTION
as to the allegations sought to be
established.
30. Preponderance of Evidence
- Superior weight of evidence on the issue.
31. Substantial Evidence
- The amount of relevant evidence which a
reasonable mind might accept as adequate to
justify a conclusion.
RULE ON COLLATERAL MATTERS:
General Rule: It is not allowed.
Exception: When it tends to establish any reasonable
degree the probability or improbability of the fact in
issue.
Rules on Admissibility
1. An evidence is admissible when it is:
a. Relevant, and
b. Competent (Not excluded by the law or
Rules)
2. Kinds of Admissibility
A. Multiple Admissibility – an evidence is
admitted for two or more persons.
Examples of Multiple Admissibility:
Declaration of a Dying Person
a. Dying Declaration
b. Parts of the Res Gestae
c. Declaration Against Interest
DNA Evidence
a. As an object evidence – to determine as to
whether there was indeed a DNA Test
conducted and there is a corresponding DNA
Result
b. As documentary evidence – to determine the
contents of the DNA Result as part of the
inquiry.
Affidavit/Document
a. As object evidence to determine the
following:
- What material the paper is made of?
- Comparison of the handwriting
- Existence of the affidavit/document
- To see whether alterations are made
- Condition of the affidavit/document
b. As documentary evidence to determine the
contents of which it is the subject of an
inquiry.
B. Conditional Admissibility
 - Where evidence appears to be immaterial
unless it is connected with the other facts to
be subsequently proved, such may be
received on the condition that the facts be
afterwards proved.
C. Curative Admissibility
- Where improper evidence is admitted over
the objection of the opposing party, the said
party must be allowed by the court to
contradict it with similar improper evidence.
Example: hearsay v. hearsay
3. When is an Electronic Document
Admissible?
a. When it complies with the rules on
admissibility prescribed in the Rules of
Court, and
b. Authenticated in the manner prescribed
by the Rules on Electronic Evidence
4. Rules on Summary Procedure
a. In Civil Cases
- The Rules on Testimonial Evidence are not
applicable because there is no trial and no
testimonies are taken on the witness stand,
however, the rest of the Rules are applicable.
b. In Criminal Cases
- Rule on testimonial evidence is applicable.
JUDICIAL NOTICE
1. Definition
- The cognizance of certain facts which judges
may properly take and act upon without
proof.
2. Matters need not be proved:
a. Immaterial allegations
b. Failure to specifically deny material averment
in the complaint, other than those as to the
amount of unliquidated damages. (Rule 8,
Section 11)
c. Allegations of usury in a complaint to recover
usurious interest, not specifically denied
UNDER OATH.
d. Failure to specifically deny under oath the
genuineness and due execution of the written
instrument.
e. Presumptions under Rule 131
f. Facts subject to Judicial Notice
g. Agreed and admitted facts (Rule 129, Section
4)
3. Mandatory Judicial Notice, when required:
a. Existence and territorial extent of the state,
b. Political history
c. Forms of government and symbols of
nationality
d. Laws of the nations
e. The admiralty and maritime courts of the
world including their seals
f. Political constitution and history of the
Philippines
g. Official acts of the legislative, executive and
the judiciary departments of the Philippines.
h. Laws of nature
i. Measure of time
j. Geographical divisions.
Note: The list of mandatory judicial notice is not
exclusive.
a. Post office practices
b. Banking practices
c. Municipal ordinances
d. Financial condition of the government
e. General increase in rentals of real estate
f. Persons have killed or committed serious
offenses for no reason at all.
g. Filipino’s inbred modesty and shyness
h. A grocery buyer does not spend so much time
in a grocery store to buy goods.
4. Discretionary Judicial Notice (Rule 129,
Section 2)
a. Matters of public knowledge
b. Capable of unquestionable demonstration
c. Ought to be known to judges because of
their judicial functions.
5. Judicial Notice, When Hearing Required
a. During trial
- The court may announce its intention to take
judicial notice of any matter and allow the
parties to be heard thereon.
b. After trial, and Before Judgment
- If such matter is decisive of a material
issue in the case, the court may announce its
intention to take judicial notice of any matter
and allow the parties to be heard thereon.
 6. Doctrine of Processual Presumption
- Foreign laws must be alleged and proved. In
the absence of proof, the foreign law will be
presumed to be the same as the laws of the
jurisdiction hearing the case.
7. Rule on Foreign Laws; Judicial Notice
a. Apply the Doctrine of Processual
Presumption
b. Where the foreign law is within the actual
knowledge of the court such as when the law
is generally well known, had been ruled upon
in previous cases before it and none of the
parties claim otherwise.
c. Rule 130, Section 46. A published treatise,
periodical or pamphlet on a subject of history,
law, science, or art is admissible as tending to
prove the truth of a matter stated therein if
the court takes judicial notice.
8. Rule on Municipal Ordinances
- It is mandatory judicial notice if the case is
still in the MTC where the ordinance is
applicable
- It is mandatory in judicial notice in the RTC if:
a. Required by the law or ordinance
b. When the ordinance is the subject of an
appeal
c. Substantial justice
Judicial Notice of Records of Another Case
Previously Tried
General Rule: Courts are not authorized to take
judicial notice of the contents of the records of other
cases, even when such cases have been tried or are
pending in the same court and pending before the
same judge.
Exceptions:
1. When, at the initiative of the judge or of the
parties, and without objection of any party, the
records of the previous action are read and
adopted into the present action, or attached to
the records of the present action by court order;
2. When the present action is closely interrelated to
another case pending between the same parties;
3. Where the interest of the public in ascertaining
the truth are of paramount importance;
4. In cases seeking to determine what is reasonable
exercise of discretion or whether or not the
previous ruling is applicable in a case under
consideration;
5. Where there is finality of a judgment in another
case that was previously pending determination
and therefore, res judicata.
ADMISSION
Definition:
- It is an act, declaration, or omission of a party
as to a relevant fact.
Kinds of Admission:
1. Judicial Admission
- An admission, verbal or written, made by a
party in the course of the proceedings in the
same case.
2. Extra-Judicial Admission
- An admission made by a party not in the
same case.
Other Kinds of Admission
1. Express Admission
- A positive statement or act
2. Implied Admission
- An admission which may be inferred from
the declarations or acts of a person.
3. Adoptive Admission
- An admission occurring when a person
manifests his assent to the statements of
another person.
How to Contradict a Judicial Admission
a. By showing that it was made through
palpable mistake, or
b. No such admission was made.
Distinctions between Judicial Admission and
Judicial Confession
a. As to the manner of making:
Judicial Admission – act, declaration, or
omission.
Judicial Confession- declaration
b. As to the fact admitted:
Judicial Admission – admit as to any relevant
fact.
 Judicial Confession – admit by acknowledging - An evidence which illustrates a matter of
his guilt in the offense charged or of any offense importance in a litigation.
necessarily included therein. - It is not the actual thing but illustrates the
real thing.
c. As to Scope
Judicial Admission – broader in scope. Requisites for Admissibility of an Object
Judicial Confession – a kind of admission. Evidence: (RACO)
a. It must be relevant
d. Express or Implied b. It must be authenticated
Judicial Admission – Yes. It may be express or c. Authentication made by a competent
implied. witness.
Judicial Confession - it must be express. There d. The object must be formally offered in
is no instance of an implied confession. evidence.

e. As to the Nature of the Proceeding

Judicial Admission – applicable in all cases, Limitations against the Use of Real Evidence:
whether civil or criminal. 1. Irrelevant evidence
Judicial Confession – applicable only in criminal. 2. Illegally obtained evidence
3. Indecency and impropriety
Admission v. Declaration Against Interest 4. Undue prejudice
5. Offensiveness to sensibilities
Admission Declaration Against 6. Inconvenience and unnecessary expenses.
Interest
Made by a person while Made by a dead person How to authenticate an electronic evidence:
he is alive or a person unable to a. By evidence that it had been digitally signed
testify by the person purported to have signed the
May be made at any time, Made before the same.
even during the trial. controversy arises b. By evidence that other appropriate security
Admissible as long as it is Made against one’s procedures or devices as may be authorized
inconsistent with his pecuniary or moral by the Supreme Court or by law for
present claim, and need interest authentication of electronic documents were
not be against one’s applied to the document, or
pecuniary or moral c. By other evidence showing its integrity and
interest. reliability to the satisfaction of the judge.
it is not an exception Exception to the hearsay
rule. Documentary Evidence
- Documents as evidence consist of writings or
any material containing letters, words,
figures, numbers, symbols, or other modes of
Rule 130: Rules on Admissibility written expressions offered as proof of their
contents.
Object Evidence/Real Evidence/Evidence of
Autoptic Preference A. Best Evidence Rule
1. Under the Rules of Court:
- Objects as evidence are those addressed to
the senses of the court. When the subject of an inquiry is the contents of the
- When an object is relevant to the fact in issue, document, no evidence shall be admissible other than
it may be exhibited to, examined, or the original document itself, except in the following
viewed by the court. cases:

Demonstrative Evidence
 a. When the original is lost, destroyed, or cannot
be produced in court, without bad faith, on
the part of the offeror.
b. 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.
c. 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.
d. When the original is a public record in the
custody of a public officer or is recorded in a
public office.
2. Under Electronic Evidence
An electronic evidence shall be regarded as the
equivalent of the original document under the Best
Evidence Rule if it is a printout or output readable
by sight or other means, shown to reflect the data
accurately.
Principle of Laying the Basis
1. Requisites to Present Secondary Evidence
in the 1st Exception of the Best Evidence
Rule:
a. Proof of existence of original.
b. Proof of execution of original
c. Cause of unavailability or loss of original
d. Proof of contents through secondary
evidence.
2. How to prove a lost or destroyed
document:
a. Any person who new the fact of the loss.
b. Any person who has made sufficient
examination in the places where the
document or paper of similar character
are usually kept by the person in whose
custody the document lost was.
c. Any person who has made investigation
which is sufficient to satisfy the court that
the instrument was indeed lost.
3. How to prove a lost or destroyed will:
(Rule 76, Section 6)
- No will shall be proved as a lost or destroyed
will unless:
a. The execution and validity of the same
shall be established.
b. The will is proved to have been in
existence at the time of the death of the
testator, or
c. Is shown to have been fraudulently or
accidentally destroyed in the lifetime of
the testator without his knowledge,
d. Unless its provisions are clearly and
distinctly proved by at least two credible
witnesses.
4. How to prove execution of the document:
a. Any person who executed the document.
b. Any person to whom the parties to the
instrument had previously confessed that
they executed such.
c. Any person before whom its execution was
acknowledged.
d. Any person who was present and saw it
executed and delivered.
e. Any person who after its execution and
delivery, saw the instrument and recognized
the signatures.
5. Requirements if the document is in the
Possession of the Adverse Party:
a. Proof of existence of original
b. Proof of execution of original
c. Proof that said document is under the
custody of the adverse party.
d. Proponent of secondary evidence has given
the adverse party reasonable notice to
produce the original
e. Adverse party failed to produce it despite
reasonable notice.
Note: Claiming party can give notice by doing the
following:
a. Motion for Production of the Original
Document
b. Make notice in open court when the adverse
party is present
c. Subpoena duces tecum
6. Second Exception to the Best Evidence
Rule v. Rule 27 of the Rules of Court
2 exception
nd Rule 27
Exception to the Best Mode of Discovery
Evidence Rule a. If it is a printout or output readable by sight
Procured by mere notice Made by way of a Motion or other means, shown to reflect the data
to the adverse party, for Production or accurately.
which is a condition Inspection and show b. When a document is in two or more copies
precedent for subsequent good cause before executed at or about the same time with
introduction of permitted by the court. identical contents
secondary evidence. c. A counterpart produced by the same
Document to be Document is either impression as the original, or
produced is intended as assumed to be favorable d. From the same matrix, or
evidence for the to the party in possession e. By mechanical or electronic re-recording, or
proponent who is thereof, or that the party f. By chemical reproduction, or
presumed to have seeking production is not g. By other equivalent techniques which is
knowledge of its sufficiently informed of actually reproduces of the original.
contents. the contents of the same.
C. Parol Evidence Rule/Extraneous
7. Original in the custody of a public officer Evidence/Evidence Aliunde
or is recorded in a public office
a. Certified copy issued by the public officer in When the terms of an agreement have been reduced
custody thereof. to writing, it is considered as containing all the terms
agreed upon, and there can be, between the parties
What is the principle of “Irremovability of a and their successors in interest, no evidence of such
Public Record”? (Rule 132, Section 26) terms other than the contents of the written
Any public record, an official copy of which is document.
admissible in evidence, must not be removed
from the office in which it is kept, except However, a party may present evidence to modify,
upon order of a court where the inspection of explain, or add to the terms of a written agreement,
the record is essential to the just when he puts to issue in the pleading:
determination of a pending case. a. An intrinsic ambiguity, mistake, or
8. A party is not obliged to offer the imperfection in the written agreement.
document ordered to be produced as b. Failure of the written agreement to express
evidence the true intent and agreement of the parties
thereto.
B. Original of a Document c. Validity of the written agreement
I. Under Section 4, Rule 130 of the Rules of d. Existence of other terms agreed to by the
Court parties or their successors in interest after
a. The contents of which is the subject of an the execution of the written agreement.
inquiry.
b. Document is in tow or more copies executed The term “agreement” includes wills.
at or at about the same time, with identical
contents, all copies are equally regarded as 1. Best Evidence Rule (Section 3) v. Parol
originals. Evidence Rule (Section 9)
c. When an entry is repeated in the regular
course of business, one being copied from Best Evidence Parol Evidence
another at or near the time of the transaction, Original is not available Original is available in
all the entries are equally regarded as in court or there is a court
originals. dispute as to whether
said writing is the
II. Under Electronic Evidence Rule original
(Memorize!!!) Prohibits the production Prohibits the varying of
of secondary evidence in the terms of the written
lieu or the original agreement
document
it applies to all kinds of It applies only to a
writing written agreement,
which includes wills.
Can be invoked by any Can only be invoked by
party whether he is or is the parties or their
not a party to the written successors in interest, to
agreement. the written agreement.
2. Lord Bacon’s Rule on Ambiguities
a. Latent/ Intrinsic
- Non-apparent on the face of the document
but which lies in the person or thing that is
the subject of the document.
b. Patent/Extrinsic
- Apparent on the face of the written
agreement itself and requires something to be
added to ascertain the meaning of the words
used.
c. Intermediate
- Ambiguity consists in the use of equivocal
words designating the person or subject
matter.
3. Falsus In Uno, Falsus in Omnibus
- False in one, false in all.
- If the testimony of a witness on a material
issue is willfully false and given with an
intention to deceive, the court may disregard
all of his testimony.
- It is not an absolute rule of law and is rarely
applied in modern jurisprudence.
- There must be willful falsification of the
truth on one or more material points.
4. Falsa Demonstratio Non Nocet cum De
Corpore Constat
- An erroneous description does not spoil the
act.
- False description does not injure or vitiate a
document, provided that the thing or person
intended has once been sufficiently described.
D. Rules on Interpretation
SEC. 10. Interpretation of a writing according to its
legal meaning.—The language of a writing is to be
interpreted according to the legal meaning it bears in
the place of its execution, unless the parties intended
otherwise.(8)
SEC. 11. Instrument construed so as to give effect to all
provisions.—In the construction of an instrument
where there are several provisions or particulars,
such a construction is, if possible, to be adopted as
will give effect to all.(9)
SEC. 12. Interpretation according to intention; general
and particular provisions.—In the construction of an
instrument, the intention of the parties is to be
pursued; and when a general and a particular
provision are inconsistent, the latter is paramount to
the former. So a particular intent will control a
general one that is inconsistent with it.(10)
SEC. 13. Interpretation according to circumstances.—
For the proper construction of an instrument, the
circumstances under which it was made, including
the situation of the subject thereof and of the parties
to it, may be shown, so that the judge may be placed
in the position of those whose language he is to
interpret.(11)
SEC. 14. Peculiar signification of terms.—The terms of
a writing are presumed to have been used in their
primary and general acceptation, but evidence is
admissible to show that they have a local, technical,
or otherwise peculiar signification, and were so used
and understood, in the particular instance, in which
case the agreement must be construed
accordingly.(12)
SEC. 15. Written words control printed.—When an
instrument consists partly of written words and
partly of a printed form, and the two are inconsistent,
the former controls the latter.(13)
SEC. 16. Experts and interpreters to be used in
explaining certain writings.—When the characters in
which an instrument is written are difficult to be
deciphered, or the language is not understood by the
court, the evidence of persons skilled in deciphering
the characters, or who understand the language, is
admissible to declare the characters or the meaning
of the language.(14)
SEC. 17. Of two constructions, which preferred.—
When the terms of an agreement have been intended
in a different sense by the different parties to it, that
sense is to prevail against either party in which he
supposed the other understood it, and when different
constructions of a provision are otherwise equally
proper, that is to be taken which is the most
favorable to the party in whose favor the provision is
made.(15)
SEC. 18. Construction in favor of natural right.—When
an instrument is equally susceptible of two
interpretations, one in favor of natural right and the
other against it, the former is to be adopted.(16)
SEC. 19. Interpretation according to usage.—An
instrument may be construed according to usage, in
order to determine its true character
EFFICIENT USE OF PAPER RULE (AM 11-9-4-SC)
I. Applicability
- It applies to all courts and quasi-judicial
bodies under the administrative supervision
of the Supreme Court.
II. Format and Style
a. Single space
b. 1 ½ space between paragraphs
c. Easily readable font style of the party’s choice
d. 14-size font
e. Long bond paper
f. Left margin – 1.5 inches; upper margin – 1.2;
right hand margin and lower margin – 1.0.
III. Number of Copies To Be Filed (plus soft
copies of the same and their annexes,
the latter in PDR format, either by
email to the Court’s Email Address or
CD):
1. Supreme Court
a. En banc – 1 original, 14 copies
b. Division – 1 original, 4 copies
2. CA, CTA Division – 1 original, two copies
with their annexes.
3. CTA en banc – 1 original, 8 copies with
annexes.
4. Other courts – 1 original with annexes.
Testimonial Evidence/Viva-Voce Evidence
- A narration or deposition by a person who
has observed or has personal knowledge of
that to which he is testifying.
I. Qualifications of a Witness
Rule 130, Section 20
Except as provided in the next succeeding
section, all persons who can perceive, and in
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, unless
otherwise provided by law, shall not be a ground for
disqualification.
A. Disqualification by reason of Mental
Incapacity
a. Those whose mental condition, at the time of
their production for examination, is such
that they are incapable of intelligently
making known their perception to others.
b. Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
relating them truthfully.
Rule on Examination of A Child Witness
1. Child Witness
a. Any person who at the time of giving
testimony is below 18.
b. In child abuse cases, a child includes over
eighteen but is found by the court as
- unable to fully take care of himself
- unable to protect himself from ABUSE,
NEGLECT, CRUELTY, EXPLOITATION, OR
DISCRIMINATION BECAUSE OF A PHYSICAL
OR MENTAL DISABILITY.
2. Competency
- Every child is presumed qualified to be a
witness. However, the court shall conduct a
competency examination of a child, motu
propio or on motion of a party, when there is
substantial doubt existing regarding the
ability of the child to perceive, remember,
communicate, distinguish truth from
falsehood, or appreciate the duty to tell
the truth in court.
3. Sexual Abuse Shield Rule
General Rule: in any criminal proceeding involving
alleged child abuse, the following are inadmissible as
evidence:
a. Evidence offered to prove the alleged victim
engaged in other sexual behavior.
b. Evidence to prove sexual predisposition of
the alleged victim.
Exception:
 Evidence of specific instance of sexual
behavior of the alleged victim to prove that a
person other than the accused was
a. The source of semen
b. Injury or
c. Other physical evidence.
B. Disqualification By Reason of
Marriage/Spousal Immunity/Marital
Disqualification Rule (Section 24)
- During their marriage
- Neither the husband nor the wife
- May testify for or against the other
- Without the consent of the affected spouse
- Except in a civil case by one against the other
- Or in a criminal case for a crime committed
by one against the other or the latter’s direct
ascendants or descendants.
Purpose: To obviate perjury and to prevent domestic
disunity.
Nature of the Prohibition
It is an absolute prohibition against the spouse's
testifying to any fact affecting the husband or the wife
however the knowledge of these facts may have been
acquired.
Marrying the Witness
An accused can effectively “SEAL THE LIPS” of a
witness by marrying the witness. As long as a valid
marriage is in existence at the time of the trial, the
witness-spouse cannot be compelled to testify even
where the crime charged is against the witness’
person, and even though the marriage was entered
into for the express purpose of suppressing the
testimony.
C. Survivorship Disqualification Rule/Dead
Man’s Statute
- Parties, or assignor of parties
- Or persons in whose behalf,
- A case is prosecuted against
- An executor
- Administrator or other representative
- Of a deceased persons or against a person
- Of an unsound mind
- Upon a claim or demand against the estate of
such deceased person
- Or against such person of an unsound mind
- Cannot testify as to any matter of fact,
- Occurring before the death of such deceased
person
- Or before such person became of unsound
mind.
Purpose of the Rule:
It is designed to close the lips of the party plaintiff
when death or incompetence has permanently closed
the lips of the party defendant in order to remove
from the claiming party the temptation to give false
testimony and the possibility of fictitious claims
against the deceased or incompetent.
When Deadman’s Statute cannot be invoked
1. Testimony of mere witnesses who are neither
party plaintiffs, nor their assignors, nor persons
in whose behalf a case is prosecuted, nor to a
nominal party, nor to officers and stockholders of
a plaintiff corporation;
2. If the plaintiff is the executor or administrator or
other representative of a deceased person, or the
person of unsound mind;
3. In an action against a partnership;
4. If the person or persons mentioned under the
rule file a counterclaim;
5. When the testimony refers to fraudulent
transactions committed by the persons
mentioned in the rule, provided that fraud has
been clearly established by other evidence;
6. When there is waiver;
7. When the testimony of a plaintiff refers to the
NON-OCCURRENCE OF A FACT, because in that
case, the plaintiff does not testify on the
occurrence of a fact but on its non-occurrence;
8. In cadastral cases since there is neither plaintiff
nor defendant, nor in land registration cases
instituted by the decedent’s representatives, as
the oppositors are considered defendants and
may, therefore, testify against petitioner;
9. Testimony on the possession by witness of a
written instrument made by the deceased, as
such fact exists even after the decedent’s demise;
10. Where the deceased contracted with the plaintiff
through an agent and said agent is alive and can
testify, but the testimony of the plaintiff should be
limited to acts performed by the agent.
Disqualification by Reason of A Privileged
Communication:
Privileged Communication
- It is a kind of communication as to matters
learned in confidence by reason of marriage,
nature of work (attorney-client, doctor-
patient, minister-penitent), or by reason of a
public office, whether elected or appointed.
Privileged Communication as to the Following:
1. Marital Privileged Communication Rule:
- The husband or the wife, during or after the
marriage, cannot be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage except in a civil case 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;
Exceptions to Marital Privileged Communication
Rule:
a. Dying Declaration
b. Declaration Against Interest
c. Part of the Res Gestae
d. Overheard by a Third Person
There is a presumption of confidentiality on
all communication between husband and
wife: Communications overheard by third
persons without knowledge of spouses are still
confidential but the third party is not disqualified
to testify.
- Where there is collusion and voluntary
disclosure to third party, the latter becomes
an agent and cannot testify.(Beda Memory
Aid)
2. Attorney – Client Relationship/Staff of
Attorney
- An attorney cannot, without the consent of his
client, be examined as to any communication
made by the client to him, or his advice given
thereon in the course of, or with a view to,
professional employment, nor can an attorney's
secretary, stenographer, or clerk be examined,
without the consent of the client and his
employer, concerning any fact the knowledge of
which has been acquired in such capacity;
Purpose: To encourage full disclosure by client to
his attorney of all pertinent matters so as to further
the administration of justice.
Note: The privilege is not limited to the
communication. It extends also to affidavits,
documents, pieces of evidence to be presented,
witnesses, strategies in prosecuting or defending a
case.
Test: Whether the communications are made to an
attorney with a view of obtaining from him
professional assistance or advice regardless of
whether there is pending or merely impending
litigation or any litigation.
- Preliminary communications made for the
purpose of creating the attorney-client
relationship are within the privilege.
However, if the communications were not
made for the purpose of creating that
relationship, they will not be covered by the
privilege even if thereafter the lawyer
becomes counsel of the party in a case
involving said statements.
CASES where disqualification based on the
attorney-client privilege do NOT apply
1. Intended to be made public;
2. Intended to be communicated to others;
3. Received from third persons not acting in
behalf of or as agents of the client;
4. Intended for an unlawful purpose;
5. Made in the presence of third parties who are
strangers to the attorney-client relationship.
 It is not within the profession of a lawyer to
advise a client as to how he may commit a
crime as a lawyer is not a gun for hire. Thus,
the attorney-client privilege does not attach,
there being no professional employment in
the strict sense (Genato vs. Silapan, Adm. Case
No. 4078, Jul. 14, 2003).
- The rule applies even to a counsel de officio.
Attorney-Client Privilege as Applied to Identity of
Client:
 General Rule: A lawyer may not invoke the
privilege and refuse to divulge the name or
identity of his client.
Exceptions:
1. Where a strong possibility exists that
revealing the client’s name would implicate
the client in the very activity for which he
sought the lawyer’s advice;
2. Where disclosure would open the client to
civil liability; and
3. Where the prosecutors have no case against
the client unless by revealing the client’s
name, the said name would furnish the only
link that would form the chain of testimony
necessary to convict an individual for a crime
(Regala vs. Sandiganbayan, G.R. 105938,
September 20, 1996).
3. Doctor – Patient Rule
- A person authorized to practice medicine,
surgery or obstetrics cannot in a civil case,
without the consent of the patient, be examined
as to any advice or treatment given by him or any
information which he may have acquired in
attending such patient in a professional capacity,
which information was necessary to enable him
to act in that capacity, and which would blacken
the reputation of the patient;
4. Minister-Penitent Rule
- A minister or priest cannot, without the consent
of the person making the confession, be examined
as to any confession made to or any advice given
by him in his professional character in the course
of discipline enjoined by the church to which the
minister or priest belongs;
Priest/Minister – a person authorized by his church
of which he is a member to hear confession and to
make an absolution.
5. State Secrets
- A public officer cannot be examined during
his term of office or afterwards, as to
communications made to him in official
confidence, when the court finds that the
public interest would suffer by the disclosure.
Section 25. Parental and Filial Privilege Rule
a. Filial Privilege Rule
- No person may be compelled to testify
against his parents, or his direct ascendants.
b. Parental Privilege Rule
- No person may be compelled to testify
against his child or direct descendants.
Exceptions to Section 25:
1. If done voluntarily.
2. Under Article 215 of the Family Code, “no
descendant shall be compelled, in a criminal
case, to testify against his parents and
grandparents, except WHEN SUCH
TESTIMONY IS INDISPENSABLE IN A
CRIME:
a. Committed against said descendant, or
b. By one parent against the other.
ADMISSIONS AND CONFESSIONS
a. As to the manner of making:
Judicial Admission – act, declaration, or
omission.
Judicial Confession- declaration
b. As to the fact admitted:
Judicial Admission – admit as to any relevant
fact.
Judicial Confession – admit by acknowledging
his guilt in the offense charged or of any offense
necessarily included therein.
c. As to Scope
Judicial Admission – broader in scope.
Judicial Confession – a kind of admission.
d. Express or Implied
Judicial Admission – Yes. It may be express or
implied.
Judicial Confession - it must be express. There
is no instance of an implied confession.
e. As to the Nature of the Proceeding
Judicial Admission – applicable in all cases,
whether civil or criminal.
Judicial Confession – applicable only in criminal.
-
ADMISSION - It is an act, declaration, or omission of
a party as to a relevant fact.
Kinds of Admission:
1. Judicial Admission
- An admission, verbal or written, made by a
party in the course of the proceedings in the
same case.
2. Extra-Judicial Admission
- An admission made by a party not in the
same case.
Other Kinds of Admission
1. Express Admission
- A positive statement or act
4. Implied Admission
- An admission which may be inferred from
the declarations or acts of a person.
5. Adoptive Admission
- An admission occurring when a person
manifests his assent to the statements of
another person.
When is a declaration considered as self-serving:
a. Declaration was made extra-judicially by the
party.
b. such declaration was made to favor his
interest.
Why is a Self-Serving Declaration considered
Inadmissible:
a. inherently untrustworthy
b. it will open the door to fraud and falsification.
Exceptions to the general rule that Self-Serving
Declaration is inadmissible:
a. When the adverse party failed to object.
b. When the declaration was offered by the
opponent.
c. When they form part of the res gestae
d. They are in the form of complaint and
exclamations of pain and suffering.
e. When they are part of a confession offered by
the prosecution.
Rule on Compromise: (Rule 130, Section 27)
1. In civil cases, an offer of compromise is
not an admission of any liability, and is
not admissible in evidence against the
offeror.
2. 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.
A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to a
lesser offence, is not admissible in
evidence against the accused who made
the plea.
Good Samaritan Rule (Rule 130, Section 27)
- An offer to pay or the payment of medical,
hospital, or other expenses
- Occasioned by an injury
- Is not admissible in evidence as proof of civil
or criminal liability for the injury.
RES INTER ALIOS ACTA RULE (Things done
between strangers ought not to injure those who
are not parties to it.)
2 Branches of Res Inter Alios Acta Rule:
A. 1st Branch: Under Rule 130, Section 29
- The rights of a party cannot be prejudiced by
an act, declaration, or omission of another,
except as hereinafter provided.
Exceptions to the First Branch:
I. Admission by co-partner or agent
- The act or declaration of a partner or agent of
the party within the scope of his authority
and during the existence of the
partnership or agency, may be given in
evidence against such party after the
partnership or agency is shown by
evidence other than such act or
declaration.
- The same rule applies to the act or
declaration of a joint owner, joint debtor, or
other person jointly interested with the party.
II. Admission by conspirator
- The act or declaration of a conspirator
relating to the conspiracy and during its
 existence may be given in evidence against
the co-conspirator after the conspiracy is
shown by evidence other than such act or
declaration.
III. Admission by Privies
- Where one derives title to property from
another, the act, declaration or omission of
the latter, while holding the title, in relation
to the property, is evidence against the
former.
IV. Admission by Silence
- An act or declaration made in the presence
and within the hearing or observation of a
party
- Who does or says nothing when the act or
declaration is such as naturally to call for
action or comment if not true
- And when proper and possible for him to do
so
- May be given in evidence against him.
B. 2nd Branch: Propensity Rule (Rule 130,
Section 34)
- 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 a similar
thing at another time, but may be received to
prove a:
a. Specific intent or knowledge
b. Identity
c. Plan
d. System
e. Scheme
f. Habit
g. Custom
h. Usage, and
i. The like.
Confession
- It is the declaration of the accused
acknowledging his guilt of the offense
charged
- Or any offense necessarily included therein.
I. Kinds of Confession:
A. Judicial Confession
- A confession made by the accused before a
court in which the case is pending and in the
course of legal proceedings therein, and by
itself, can sustain a conviction.
B. Extra-Judicial Confession
- A confession made in any other place or
occasion and cannot sustain a conviction
unless:
a. Its voluntariness is proven, and
b. It is corroborated by evidence of the
CORPUS DELICTI (Body of the Crime).
C. Doctrine of Interlocking Confession
- A confession wherein the accused persons
voluntarily and independently executed
identical confession without collusion and
corroborated by other pieces of evidence.
II. Rule on Extra-judicial Confession of co-
accused against the other accused.
General Rule: Admissible only against the
confessor because as against the other co-
accused, it is hearsay and it is against the first
branch of the Res Inter Alios Acta Rule.
Exceptions:
A. Interlocking confession
B. Accused admitted the facts stated by the
confessant after being apprised of such
confession.
C. The confession was used only as a
corroborating evidence.
D. Used as a circumstantial evidence to show the
probability of participation of other accused.
Independent Relevant Statements
- An out of court declaration which while
having certain characteristics of hearsay
evidence, is not actually hearsay but is
original evidence.
Rule on Unaccepted Offer:
- An offer in writing to pay a particular sum of
money or to deliver a written instrument or
specific personal property is, if rejected
without valid cause, equivalent to the actual
 production and tender of the money,
instrument or property.
HEARSAY RULE
General 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, except
as otherwise provided in these rules.
Exceptions to the Hearsay Rule: (They are also
hearsay but are considered as exceptions;
therefore, it is admissible)
I. Under the Rules of Court (Rule 130,
Sections 37-47) (DDA-FCP-COC-LT)
A. Dying Declaration
B. Declaration against Interest
C. Act or Declaration about Pedigree
D. Family Reputation or tradition Regarding
Pedigree
E. Common Reputation
F. Part of the Res Gestae
G. Entries in the Course of Business
H. Entries in Official Records
I. Commercial Lists and the Like
J. Learned Treatises
K. Testimony or Deposition at a Former
Proceeding
II. Other Exceptions
Other Exceptions:
1. Section 28 of the Rules on Examination of a Child
Witness
A statement made by a child describing any act or
attempted act of child abuse, not otherwise
admissible under the hearsay rule, may be
admitted in evidence in any criminal or non-
criminal proceeding subject to the following
rules:
a. Before such hearsay statement maybe
admitted, its proponent shall make known to
the adverse party the intention to offer such
statement and its particulars to provide him a
fair opportunity to object.
If the CHILD IS AVAILABLE, the court shall,
upon motion of the adverse party, require the
child to be present at the presentation of the
hearsay statement for cross-examination by
the adverse party.
When the CHILD IS UNAVAILABLE, the fact of
such circumstance must be proved by the
proponent.
b. In ruling on the admissibility of such hearsay
statement, the court shall consider the time,
content and circumstances thereof, based on
various factors provided by the law, which
provide sufficient indicia of reliability.
Note: When the child witness is unavailable, his
hearsay testimony shall be admitted only if
corroborated by other admissible evidence.
2. Rule 8 of the Rules on Electronic Evidence:
Business Records as Exception to the Hearsay
Rule
A memorandum, report, record or data compilation
of acts, events, conditions, opinions or diagnoses,
made by electronic, optical, or other similar means at
or near the time of or from transmission or supply of
information by a person with knowledge thereof, and
kept in the regular course or conduct of business
activity, and such was the regular practice to make
the memorandum, report, record or data compilation
by electronic, optical, or similar means, all of which
are shown by the testimony of the custodian or other
qualified witnesses, is excepted from the rule on
hearsay evidence.
This presumption may be overcome by evidence of
the untrustworthiness of the:
1. Source of information; or
2. The method or circumstances of the preparation,
transmission or storage thereof.
Reason for the Exceptions: They are admissible by
reason of NECESSITY and TRUSTWORTHINESS.
SECTION 37. DYING DECLARATION
- The declaration of a dying person
- Made under the consciousness of an
impending death
- May be received IN ANY CASE WHEREIN HIS
DEATH IS THE SUBJECT OF AN INQUIRY
- As evidence of the cause and surrounding
circumstances of such death.
 Exception to the Covered by the
Requisites: hearsay rule and hearsay rule.
1. That death is imminent and the declarant is admissible.
conscious of that fact; Secondary evidence Primary evidence
2. That the declaration refers to the cause and the and admissible only and admissible
surrounding circumstances of such death; if the declarant is even if the
3. That the declaration relates to the facts which the already dead or declarant is
victim is competent to testify to; unavailable to testify. available as a
4. That the declaration is offered in a case wherein witness.
the declarant’s death is subject of the inquiry (the Must have been May be made at
victim necessarily must have died); made ante litem any time,
5. That the statement is complete in itself (People vs. motam, i.e., before the before/during
De Joya, G.R. No. 75028, November 8, 1991); controversy. the trial.
6. The declarant should have died (if the declarant The fact asserted in Need not be
survives, his declaration may be admissible as part the declaration must considered by the
of the res gestae). have been at the time declarant as
it was made so far opposed to his
Notes: (San Beda Memory Aid) contrary to the interest at the
Truth sits on the lips of the dying man. At the point of declarant’s own time when made,
death, every motive for falsehood is silenced. The interest. it is enough if it is
mind is induced by the most powerful consideration inconsistent with
to speak the truth. his present claim
and defenses.
There must be a settled, hopeless expectation that It is not necessary It is competent
death is at hand. It is sufficient that he believed that the declarant be only when the
himself in imminent danger of death at the time of a party to the action; declarant or
such declaration. it is admissible to an someone
action where his identified in
To be complete in itself does not mean that the declaration is interest is a party
declaration must recite everything that constituted relevant. to the action.
the res gestae of the subject of his statement, but that May be admitted Used only against
his statement of any given fact should be a full against himself or the party
expression of all that he intended to say as conveying successor in interest admitting.
his meaning in respect of such fact. and against third
person.
Different Forms of Dying Declaration (How was
such declaration made by a dying person?_
a. Oral Requisites:
b. Written 1. That the declarant is dead or unable to testify;
c. Using signs/pointing at the person 2. That it relates to a fact against the interests of the
declarant;
Doctrine of Multiple Admissibility May Apply: 3. That at the time he made said declaration the
- They may be regarded as part of the res declarant was aware that the same was contrary
gestae as they were made soon after the to his aforesaid interest; and
startling occurrence without the opportunity 4. That the declarant had no motive to falsify and he
for fabrication or concoction. believed such declaration to be true.

SECTION 38. DECLARATIONS AGAINST INTEREST  Persons do not make statements that are
disadvantageous to themselves without
Declaration Against Admissions substantial reason to believe that the statements
Interest are true. Self-interest induces men to be cautious
 in saying anything against themselves. In other  The reputation between the declarant and the
words, we can safely trust a man when he speaks person subject of the inquiry must be legitimate,
against his interest. unless the issue is the legitimacy itself.

INTEREST COVERED: Proprietary, penal, pecuniary

and penal. SECTION 40. FAMILY REPUTATION OR
TRADITION REGARDING PEDIGREE
The declarant must realize at the very time of making
the declaration that his declaration is against his  The word PEDIGREE includes relationship, family
interest, that a reasonable man in his position would genealogy, birth, marriage, death, the dates when
not have made the declaration unless he believed it to and the places where these facts occurred, and
be true. the names of the relatives. It embraces also facts
of family history intimately connected with
 It is essential that at the time of the statement, pedigree.
the declarant’s interest affected thereby should
be actual/real/apparent NOT merely contingent, Section 39 Section 40
future or conditional, otherwise, the declaration Act or declaration Family reputation
would not in reality be against interest. about PEDIGREE. or tradition
regarding
 If the declarant is still alive and available as a pedigree.
witness, his declaration would be admissible only Witness need not be Witness is a
as an admission against himself or privies or if he a member of the member of the
testifies, his statement against interest which he family. family.
now denies would be admissible against him as a Relation of the The witness is
prior inconsistent statement in some instances. declarant and the himself the one to
person subject of whom the fact
SECTION 39. ACT OR DECLARATION ABOUT the inquiry must be relates, it is not
PEDIGREE established by necessary for him
independent to establish by
Requisites: evidence independent
 The actor or declarant is dead or unable to testify; evidence his
 The act or declaration is made by a person relationship to the
related to the subject by birth or marriage; family (Francisco,
 The relationship between the declarant or the p.292).
actor and the subject is shown by evidence other Testimony is about Testimony is
than such act or declaration; what declarant, who about family
 The act or declaration was made ante litem is dead or unable to reputation or
motam or prior to the controversy. testify, has said tradition covering
concerning the matters of
Family Reputation or tradition in respect to one’s pedigree of the pedigree.
pedigree may be established: declarant’s family.
1. Through testimony in open court of a witness
who must be a member of the family either by SECTION 41. COMMON REPUTATION
consanguinity or affinity;
2. Through entries in : The following may be established by common
a. Family bible; reputation:
b. Family books or charts; 1. Matters of public interest more than 30 yrs. old;
c. Engravings on rings; 2. Matters of general interest more than 30 years
d. Family portraits and the like. old;
3. Matters respecting marriage or moral character
and related facts;
4. Individual moral character;

Justification in the Trustworthiness

Common Reputation is the definite opinion of the spontaneity of the based upon its
community in which the fact to be proved is known statement. being given in
or exists. It means the general or substantially
awareness of
undivided reputation, as distinguished from a partial
or qualified one, although it need not be unanimous. impending death.

 As a general rule, the reputation of a person

Two Types of Res Gestae
should be that existing in the place of his
1. SPONTANEOUS STATEMENTS- Statements made
residence, it may also be that existing in the place
by a person while a startling occurrence is taking
where he is best known.
place or immediately prior or subsequent thereto
with respect to the circumstances thereof;
CHARACTER means that which a person really is,
while REPUTATION is that which he is reputed to be
The statement is made instinctively: The facts
(Francisco, p.301).
speaking thru the party not the party talking
about the facts.
Evidence of Negative Good Repute
Where the foundation proof shows that the witness
2. VERBAL ACTS - Statements accompanying an
was in such position that he would have heard
equivocal act material to the issue, and giving it a
reports derogatory to one’s character, the reputation
legal significance.
testimony may be predicated on the absence of
reports of bad reputation or on the fact that the
Thus, in bribery, the declaration made by the
witness had heard nothing against the person.
third person accompanying the delivery of money
is admissible.
SECTION 42. PART OF RES GESTAE
Spontaneous
Verbal Acts
Statements
Res Gestae literally means things done; it includes
the circumstances, facts, and declarations incidental The res gestae is The res gestae is
to the main fact or transaction necessary to illustrate the equivocal act. the startling
its character and also includes acts, words or occurrence.
declarations which are closely connected therewith Verbal act must Statements may be
as to constitute part of the transaction. be made prior, or
contemporaneous immediately after
Res Gestae In Dying with or must the startling
Connection With accompany the occurrence.
Declarations
A Homicidal Act equivocal act.
May be made by Can be made only
Requisites of Admissibility of Spontaneous
the killer himself by the victim. Statements
after or during the 1. There must be a startling occurrence;
killing OR that of a 2. The statement must relate to the circumstances
3rd person. of the startling occurrence; and
3. The statement must be spontaneous.
May precede, Made only after
accompany or be the homicidal The interval of time between the startling occurrence
made after the attack has been and the statement depends upon the circumstances;
but such statement must have been made while the
homicidal attack committed.
declarant was under the immediate influence of the
was committed. startling occurrence. However, if the declarant was
rendered unconscious after the startling occurrence,
his statements relative thereto upon regaining
consciousness are still part of the res gestae
regardless of the time that intervened in between.
Reasons for Admissibility of Spontaneous
Statement
1. Necessity – natural and spontaneous utterances
are more convincing than the testimony of the
same person on the stand.
2. Trustworthiness – the statement is made
instinctively: The facts speaking thru the party not
the party talking about the facts.
 It is essential that they should have been caused
by something startling enough to produce
nervous excitement. The declarant must be a
witness to the event to which the utterance
relates. He must have personally observed the
fact.
What the law distrusts is not the “after speech” but
“afterthought.”
Requisites of Admissibility of Verbal Acts
1. The act or occurrence characterized must be
equivocal;
2. Verbal acts must characterize or explain the
equivocal act;
3. Equivocal act must be relevant to the issue; and
4. Verbal acts must be contemporaneous with the
equivocal act.
SECTION 43. ENTRIES IN THE COURSE OF
BUSINESS
Otherwise known as the SHOP-BOOK RULE.
Requisites:
1. That the entrant made the entry in his
professional capacity or in the performance of a
duty;
2. That the entry was made in the ordinary course
of business or duty;
3. The entries must have been made at or near the
time of the transaction to which they relate;
4. The entrant must have been in a position to know
the facts stated in the entries;
5. The entrant must be deceased or unable to
testify.
 The law does not fix any precise moment when
the entries should be made. It is sufficient if the
entry was made within a reasonable period of
time so that it may appear to have taken place
while the memory of the facts was unimpaired.
How regularity of the entries proved: It may be
proved by the form in which they appear in the
corresponding book.
There is no overriding necessity to bring into courts
all the clerk or employees who individually made the
entries in a long account. It is sufficient that the
person who supervises them testify that:
1. The account was prepared under his supervision;
and
2. The entries were regularly entered in the
ordinary course of business (Regalado, p.751).
SECTION 44. ENTRIES IN OFFICIAL RECORDS
Requisites:
1. That it was made by a public officer or by another
person specially enjoined by law to do so; and
2. That it was made by a public officer in the
performance of his duty, or by another person in
the performance of a duty specially enjoined by
law; and
3. The public officer or the other person had
sufficient knowledge of the facts by him stated,
which must have been acquired by him
personally or through official information.
Reasons for its admission
1. Necessity - practical impossibility of requiring the
official’s attendance as a witness to testify to the
innumerable transactions occurring in the course
of his duty.
2. Trustworthiness – there is a presumption of
regularity in the performance of official duty.
Probative value: only prima facie evidence of the
fact stated therein.
 It is not essential for the officer making the
official statement to have a personal knowledge
of the facts stated by him, it being sufficient that
the official information was acquired by officers
who prepared the reports from persons who not
only have personal knowledge of the facts stated
 but must have the duty to give such statements
for the record.
 It is well settled that entries in the police blotter
should not be given due significance or probative
value as they are not conclusive evidence of the
truth of their contents but merely of the fact that
they were recorded. Hence, they do not
constitute conclusive proof (People vs. Cabrera. Jr.
G.R. No. 138266, April 30, 2003).
other published compilation and tremendous
inconvenience it would cause to the court if it
would issue summons to these numerous
individuals.
2. Trustworthiness – they have no motive to deceive
and they further realize that unless the list,
register, periodical or other published
compilation are prepared with care and accuracy,
their work will have no commercial or probative
value.

Entries In The Entries In Official SECTION 46. LEARNED TREATISES

Course of Business Records
The person who There is no such In order that a published treatise, periodical or
made the entries requirement. pamphlet on a subject of law, history, science or art
must be dead or may be admissible, it is necessary either:
unable to testify. 1. That the court can take judicial notice of it; or
Needs Need not be 2. A witness, expert in the subject, testifies that the
authentication authenticated writer of the statement in the treatise, periodical,
Best evidence rule Exception to best or pamphlet is recognized in his profession or
applies evidence rule calling as expert in the subject.
(irremovability of
public records)  Learned writers have no motive to misrepresent.
The entries are The entrant is a He is aware that his work will be carefully
made pursuant to a public officer, or if scrutinized by the learned members of his
duty, either legal, a private profession and that he shall be subject to
contractual, moral individual, must criticisms and ultimately rejected as an authority
or religious. have acted on the subject matter if his conclusions are found
pursuant to a to be invalid.
specific legal duty.
SECTION 47. TESTIMONY OR DEPOSITION AT A
FORMER PROCEEDING
COMMERCIAL LISTS AND THE LIKE
Requisites:
Requisites: 1. The testimony or depositions of a witness
1. Statements of matters of interest to persons deceased or unable to testify;
engaged in an occupation; 2. The testimony was given in a former case or
2. The statements must be contained in a list, proceeding, judicial or administrative;
register, periodical or other published 3. Involving the same parties;
compilation; 4. Relating to the same subject matter;
3. That compilation is published for use by persons 5. The adverse party having had an opportunity to
engaged in that occupation; and cross-examine him.
4. Is generally relied upon by them.
Note: In criminal cases, either party may utilize as
E.g. mortality tables and accepted actuarial and part of its evidence the testimony of a witness who is
annuity tables. deceased, out of or cannot with due diligence be
found in the Philippines, unavailable, or otherwise
Reasons for its admission unable to testify, given in another case or proceeding,
1. Necessity – because of the usual inaccessibility of judicial or administrative, involving the same parties
the persons responsible for the compilation of and subject matter, the adverse party having the
matters contained in a list, register, periodical or
opportunity to cross-examine him (Rule 115,
Sec.1(f)).
Opinion Rule (Rule 130, Section 48-50)
General Rule:
- The opinion of a witness is not admissible.
Exceptions:
I. Made by an Expert Witness
- The opinion of a witness on a matter
requiring SPECIAL KNOWLEDGE, SKILL,
TRAINING OR EXPERIENCE which he is
shown to possess, may be received in
evidence.
II. Made by an Ordinary Witness
a. Identity of a person about whom he
has adequate knowledge.
b. A handwriting with which he has
sufficient familiarity
c. 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.
Character Evidence (Rule 130, Section 51)
General Rule: Not admissible.
Exceptions:
A. In a Criminal Case
1. The accused may prove his good
moral character which is
pertinent to the moral trait
involved in the offense charged.
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.
3. The good or bag moral character
of the offended party may be
proved if it tends to establish in
any reasonable degree the
probability or improbability of the
offense charged.
B. In a Civil Case
Evidence of the moral character of a party in a
civil case is admissible only when pertinent to
the issue of character involved in the case.
C. In the case provided for in Rule 132,
Section 14
- Evidence of the good character of a witness
is not admissible until such character has
been impeached.
JUDICIAL AFFIDAVIT RULE (JAR) (AM No. 12-8-8-
SC)
1. Definition
- It is an affidavit executed by a witness for a
party in a case, in the form of a question and
answer, which is submitted to the court in
lieu of the direct examination of the said
witness.
2. Scope (Section 1)
General Rule:
It shall apply to all actions, proceedings, and
incidents requiring the reception of evidence.
Note: The JAR was modified for a period of 1
year in criminal cases where public
prosecutors can temporarily use the sworn
statements that the complainant and their
witnesses submit during the initiation of the
criminal action. Upon presenting the witness,
the attending public prosecutor shall require
the witness to affirm what the sworn
statement contains and may only ask the
witness additional direct examination
questions that have not been amply covered
by the sworn statement.
Exceptions:
I. It shall apply to all criminal actions:
a. Where the maximum of the imposable
penalty does not exceed 6 years.
b. Where the accused agrees to the use of the
judicial affidavits, irrespective of the
penalty involved; or
c. With respect to the civil aspect of the
actions, whatever the penalties involved
are.
II. It shall not apply to small claims cases.
Courts and Offices within the Scope of the JAR:
(Section 1)
a. MTC, MCTC, MunTC, MunCTC, Sharia Circuit
Courts, except in cases of small claims.
b. RTC and Sharia District Courts
c. Sandiganbayan
d. Court of Tax Appeals
e. Court of Appeals
f. Sharia Appellate Courts
g. The investigating officers and bodies
authorized by the SC to receive evidence,
including the IBP
h. Special courts and quasi-judicial bodies,
whose rule of procedure are subject to
disapproval of the SC, insofar as their existing
rules of procedure contravene the provisions
of this Rule.
When to File and Serve:
- Not later than 5 days before pre-trial or
preliminary conference, or the scheduled
hearing with respect to motions and
incidents.
How to Serve the Judicial Affidavit on the Adverse
Party:
1. Personal service; or
2. Licensed courier service.
Contents of Judicial Affidavit:
a. Name, age, residence or business address,
and occupation of the witness.
b. Name and address of the lawyer who
conducted the examination of the witness and
the place where the examination is being
held.
c. A statement that the witness is answering the
questions asked of him, fully conscious that
he does so under oath, and that he may face
criminal liability for false testimony or
perjury.
d. Questions asked of the witness and his
corresponding answers, consecutively
numbered, that:
1. Show the circumstances under which the
witness acquired the facts upon which he
testifies;
2. Elicit from him those facts which are
relevant to the issues that the case
presents; and
3. Identify the attached documentary and
object evidence and establish their
authenticity in accordance with the Rules
of Court.
e. The signature of the witness over his printed
name
f. A jurat with the signature of the notary public
who administers the oath or any other person
authorized to administer the oath.
Sworn Attestation of the Lawyer:
a. The judicial affidavit shall contain a sworn
attestation at the end, executed by the lawyer
who conducted or supervised the
examination of the witness, to the effect that:
1. He faithfully recorded or caused to be
recorded the questions he asked and the
corresponding answers that the witness
gave; and
2. Neither he nor any other person then
present or assisting him coached the
witness regarding the latter’s answers.
b. A false attestation shall subject the lawyer to
disciplinary action, including disbarment.
Procedure in the Trial Using the Judicial Affidavit:
1. The party presenting the judicial affidavit
shall state the purpose of such testimony at
the start of the presentation of the witness.
2. The adverse party may move to disqualify the
witness or to strike out the affidavit or its
portions on ground of inadmissibility.
3. The court shall rule on the motion, and if
granted, shall exclude any answer or the
whole judicial affidavit, without prejudice to a
tender of excluded evidence under the Rules
of Court.
4. The adverse party shall have a right to cross
examine the witness on his judicial affidavit.
5. The party who presented the witness may
examine on re-direct.
6. Upon the termination of the last witness, a
party shall make an oral offer of evidence of
his documentary or object exhibits, in their
chronological order, stating the purpose for
which he offers such exhibit.
 7. After each piece of exhibit is offered, the
adverse party may object and the court shall
immediately make its ruling regarding that
exhibit.

Effects of Non-Compliance with the JAR:

a) A party who fails to submit the required judicial

affidavits and exhibits on time shall be deemed to
have waived their submission. The court may,
however, allow only once the late submission of the
same provided, the delay is for a valid reason, would
not unduly prejudice the opposing party, and the
defaulting party pays a fine of not less
than P 1,000.00 nor more than P5,000.00 at the
discretion of the court.

(b) The court shall not consider the affidavit of any

witness who fails to appear at the scheduled hearing
of the case as required. Counsel who fails to appear
without valid cause despite notice shall be deemed to
have waived his client's right to confront by cross-
examination the witnesses there present.

(c) The court shall not admit as evidence judicial

affidavits that do not conform to the content
requirements of Section 3 and the attestation
requirement of Section 4 above. The court may,
however, allow only once the subsequent submission
of the compliant replacement affidavits before the
hearing or trial provided the delay is for a valid
reason and would not unduly prejudice the opposing
party and provided further, that public or private
counsel responsible for their preparation and
submission pays a fine of not less than P1,000.00 nor
more than P 5,000.00, at the discretion of the court.