Académique Documents
Professionnel Documents
Culture Documents
SEC 2. Scope: rules of evidence is the same in all Rules on evidence may be waived; EG when objectionable
courts and all trials and hearings. EXC: otherwise evidence is not objected to, it becomes admissible because of
waiver.
provided by law or the Rules.
Rules of Court, Rule 1, Sec 4. These Rules shall not apply to SEC 3. Admissibility: evidence is admissible when:
election cases, land registration, cadastral, naturalization and
1. relevant to the issue
insolvency proceedings, and other cases not herein provided
for. EXC: by analogy or in a suppletory character AND when 2. not excluded by law or the Rules
practicable and convenient.
Rule 132, Sec 34: The court shall not consider evidence which
had not been formally offered.
SEC 5. When the original is lost or destroyed, or SEC 7. When the original of a document is in the
cannot be produced in court, after the offeror custody of a public officer or recorded in public
proved (1) its execution and existence and (2) office, its contents may be proved by a certified
cause of the unavailability (3) without bad faith on copy issued by the officer in custody thereof.
his part, may prove its contents by the following,
in such order:
able to observe
able to recollect
SEC 16. When the characters are difficult to able to communicate
decipher or the language is not understood by the
In addition, he must also:
court, evidence of persons skilled in deciphering
the characters or those who understand the take an oath or affirmation
language is admissible. not possess any disqualification imposed by law or
the rules
SEC 20. All persons who can perceive, and Requisites, disqualification by mental incapacity:
perceiving, can make known their perception to
person is incapable of intelligently making known his
others, may be witnesses.
perception to others
Religious or political belief, interest in the incapability exists at the time of his production for
examination
outcome of the case, or conviction of a crime
unless otherwise provided by law, shall NOT be a Requisites, disqualification by immaturity:
ground for disqualification. mental maturity of witness renders him incapable of
perceiving the facts respecting which he is examined
he is incapable of relating his perception truthfully
SEC 23. Disqualification by reason of death or
insanity of the other party: parties or assignor of
SEC 22. Disqualification by marriage: DURING
parties to a case, or persons in whose behalf the
THEIR MARRIAGE, neither the husband nor the
case is prosecuted, against the executor or
wife may testify for or against the other without
administrator or other representative of a
consent of the affected spouse. EXC:
deceased person or a person of unsound mind,
civil case by one against the other upon a claim or demand against the estate of the
criminal case for a crime committed by one deceased or person of unsound mind, cannot
against the other, or the latter’s direct testify as to any matter of fact occurring before
descendants or ascendants the death or before the person became of
unsound mind.
Reasons:
Dead Man’s statute, requisites:
identity of interests
to not foster perjury suit is a claim by plaintiff against the estate of the
guard the security and confidences of private life and deceased or person of unsound mind
prevent domestic disunion and happiness defendant is the executor or administrator or
prevent danger of punishment representative of the deceased or person of UM
Application presupposes valid marriage. witness is the plaintiff, or his assignor, or a person in
whose behalf the case is prosecuted
Does not distinguish when the facts came to the knowledge subject matter of testimony is any matter of fact
of the testifying spouse; what matters is that the testimony is occurring before the death of the deceased or before
given during the marriage. the person became of unsound mind
The wife can testify against other co-accused with her Purpose: to close the lips of the plaintiff when death has
husband. closed the lips of the defendant, in order to remove
temptation to do falsehood against the deceased.
In the case of Alvarez v Ramirez, estranged spouse may testify
against or for his or her spouse, even when the marital bonds When a counterclaim is set up by the administrator or
had not been severed. executor, the case is removed from the operation of Dead
Man’s statute.
failure to object
cross-examination on the prohibited testimony
offering evidence to rebut the testimony
SEC 24. Disqualification by reason of privileged valid marriage
communication: communication received in confidence
communication was received during the marriage
1. husband or wife, DURING OR AFTER the Confidential information from a third person is not covered.
marriage, as to any communication
received in confidence by one from the Marital disqualification Marital privileged
communication
other DURING THE MARRIAGE does not refer to such confidential
EXC: consent of the other; civil case confidential communications received
by one against the other; criminal communications during marriage
can refer to information limited to information
case for a crime committed by one
known prior to the acquired during the
against the other, or the latter’s marriage marriage
direct descendants or ascendants can no longer be invoked spouse may object even
2. attorney, as to any communication made upon dissolution of after dissolution of
marriage marriage
by the client to him, or his advice thereon
requires that the affected this does not apply
IN THE COURSE OF OR WITH A VIEW TO spouse is a party to the
professional employment. EXC: consent of action
the client.
attorney’s secretary, stenographer
or clerk, concerning any fact the
Attorney-client privilege, requisites:
knowledge of which had been
acquired in such capacity. EXC: communication made by the client to attorney, or
consent of the client and the advice given by attorney to the client
communication or advice given in confidence
employer communication or advice given in the course of
3. person authorized to practice medicine, professional employment, or with a view thereto
surgery or obstetrics, IN A CIVIL CASE, as to
EXC:
any advice or treatment given by him or
any information he acquired in attending client’s purpose is the furtherance of future intended
such patient in a professional capacity, crime or fraud
for the purpose of committing a crime
which information was necessary to enable made in furtherance of an illicit activity
him to act in such capacity, and which
But disclosures after commission of a crime remains
would blacken the reputation of the
privileged.
patient. EXC: consent of the patient.
4. minister or priest, as to any confession
made to or advice given by him in his Physician-patient privilege, requisites:
professional character in the course of
person against whom the privilege is claimed is a
discipline enjoined by the church to which
person duly authorized to practice medicine, surgery
he belongs. EXC: consent of the person or obstetrics
making the confession. information refers to:
5. public officer, DURING HIS TERM OR o advice or treatment given to the client
AFTERWARDS, as to communications made o made or acquired in a professional capacity
information was necessary to enable the physician to
to him in official confidence, when public act in that capacity
interest would suffer by the disclosure. information sought to be disclosed will blacken the
reputation of the patient
EXC:
SEC 34. Evidence that one did or did not do a thing SEC 36. GR: Witness can testify only as to facts
one time is NOT evidence that one did or did not which he knows of his personal knowledge
do a similar thing at another time. (derived from his own perception).
EXC: may be proof of specific intent or knowledge:
identity, plan, system, scheme, habit, custom or
C-6. EXCEPTIONS TO THE HEARSAY RULE
usage.
SEC 48. GR: witness opinion is NOT admissible. SEC 51. GR: Character evidence NOT admissible.
EXC:
EXC: criminal case
o accused may prove his good moral
SEC 49. Opinion of expert witness:
character pertinent in the moral
matter requiring special knowledge, skill, trait involved in the offense charged
experience or training o prosecution may prove accused’s
in which he is shown to possess bad moral character pertinent to
the crime charged ONLY IN
REBUTTAL
SEC 50. Opinion of ordinary witness: o good or bad moral character of
OFFENDED PARTY may be proved if
identity of person about whom he has it tends to prove in any reasonable
adequate knowledge; degree the probability or improba-
handwriting in which he has sufficient
bility of the offense charged
familiarity;
civil case:
mental sanity of a person with whom he is o ONLY IF pertinent to the issue of
sufficiently acquainted
character involved in the case
witness’ impression of the emotion,
RULE 132, SEC 14
behavior, condition or appearance of a
person
RULE 131. BURDEN OF PROOF AND person in possession of an order on
PRESUMPTIONS himself to pay or deliver anything had
already paid or delivered
person acting in public office was regularly
appointed or elected thereto
SEC 1. Burden of proof:
official duty had been regularly performed
duty of a party to present evidence on the court, in PH or abroad, was acting in the
facts in issue lawful exercise of its jurisdiction
necessary to establish his claim or defense all matters raised in a case were laid before
by the amount of evidence required by law a court and passed upon by it; same with
arbitrators
private transactions are fair and regular
SEC 2. Conclusive presumptions: ordinary course of business had been
followed
estoppel there is sufficient consideration for a
o a party, by act, omission or contract
declaration endorsement of a negotiable instrument
o intentionally and deliberately led was made before it was overdue and at the
another to believe a particular thing place where the instrument is dated
true and to act upon such belief writing is truly dated
tenant not permitted to deny title of his letter duly directed and mailed was
landlord at the time of the commencement received in the regular course of the mail
of the relation of landlord and tenant after absence of 7 years, a person is
presumed dead for all purposes except
succession
SEC 3. Disputable presumptions: acquiescence made in the belief that the
thing acquiesced was conformable to law
person is innocent of a crime or wrong
or fact
unlawful act is done with unlawful intent
things happened according to the ordinary
intention to cause ordinary consequences
course of nature
of voluntary act
persons acting as co-partners entered into
person takes ordinary care of his concerns
evidence willfully suppressed will be a contract of co-partnership
man and woman deporting themselves as
adverse if produced
husband and wife entered into a contract
money paid by one to another is due to the
of marriage
latter
thing delivered by one to the other belongs property acquired by man and woman
to the latter capacitated to marry each other but
obligation delivered up to the debtor had without benefit of marriage or under void
been paid marriage was obtained through joint effort
prior rents or installments had been paid
when receipt for a later one is produced
person found in possession of a thing taken SEC 4. No presumption of legitimacy of a child
recently through an unlawful act is the born after 300 days from dissolution of marriage
taker and doer of the whole act or separation of spouses; he who alleges
things a person possesses or exercises acts legitimacy or illegitimacy shall prove the same.
of ownership over, are owned by him
RULE 132: PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
SEC 1. Examination of witnesses:
want of jurisdiction
collusion
fraud by party offering the record
judicial notice
judicial admission
presumption
Object
is it relevant and competent?
is it authenticated?
is it the thing itself?
was it offered?
was the chain of custody proved?
Documentary
is it offered to prove the truth of its
contents?
best evidence
EXC to best evidence
parole evidence
is it authenticated?
public or private?
Testimonial
is the witness qualified?
is the witness impeachable?
is the testimony hearsay?
EXC to hearsay
4. Was it offered?