Académique Documents
Professionnel Documents
Culture Documents
NOTE: It is relevant accord if “it has such a relation to the fact 1. Mandatory – insofar as those matters enumerated
in issue as to induce belief in its existence or non-existence.” under Sec. 1, Rule 129;
Relevancy is, therefore determinable by the rule of logic and
2. Discretionary – on matters which are of public
human experience.
knowledge, or are capable of unquestionable
demonstration, or ought to be known to judges
2. The evidence is not excluded by the rules (competent)
because of their functions (Sec. 2, Rule 129).
NOTE: Competency is determined by the prevailing
exclusionary rules of evidence. When Judicial Notice of a fact may be taken
Evidence must have such a relation to the fact in issue as to In all instances, the court may act on its own initiative
induce belief in its existence or non-existence. or on request of a party (Sec. 3, Rule 129).
XPN: Evidence on collateral matters shall be allowed when When the matter is subject to a mandatory judicial notice,
it tends in any reasonable degree to establish the no motion or hearing is necessary for the court may take
probability or improbability of fact in issue. judicial notice of a fact.
JUDICIAL NOTICE AND JUDICIAL ADMISSIONS Matters subject to mandatory judicial notice (EPOL-APOL-
WHAT NEED NOT BE PROVED MG)
Facts that need not be proved 1. Existence and territorial extent of States;
2. Political history, forms of government and symbols of
1. Those of which the courts may take judicial notice nationality;
(Rule 129); 3. Law of nations;
2. Those that are judicially admitted (Rule 129); 4. Admiralty and maritime courts of the world and their
3. Those that are conclusively presumed (Rule 131); seals;
4. Those that are disputably presumed but 5. Political constitution and history of the Philippines;
uncontradicted (Rule 131); 6. Official acts of legislative, executive and judicial
5. Immaterial allegations; and departments of the Philippines;
6. Facts admitted or not denied provided they have been 7. Laws of nature;
sufficiently alleged (Sec. 1, Rule 8). 8. Measure of time; and
7. Res ipsa loquitur 9. Geographical divisions (Sec. 1, Rule 129).
It is the cognizance of certain facts which judges may When the matter is subject to discretionary judicial notice,
properly take and act upon without proof because they are a hearing is necessary before judicial notice is taken of a
supposed to be known to them. It is based on matter.
considerations of expediency and convenience. It displaces
evidence, being equivalent to proof (Regalado, 2008). Matters which the court may take judicial notice of
Judicial Notice dispenses the presentation of evidence and NOTE: Public knowledge are those matters coming to the
fulfills the purpose for which the evidence is designed to knowledge of men generally in the course of ordinary
fulfill (Moran, 1980, citing Alzua vs. Johnson, 21 Phil. 308). experiences of life, or they may be matters which are
generally accepted by mankind as true and are capable of
ready and unquestioned demonstration.
Its function is to abbreviate litigation by admission of
matters that needs no evidence because judicial notice is a
2 ways in which admissions are made in pleadings Admissions in a pleading which had been withdrawn or
superseded by an amended pleading, although filed in the
1. Actual Admission – When a party categorically admits same case, are considered as extrajudicial admissions. The
a material allegation made by the adverse party. original must be proved by the party who relies thereon by
2. Implied Admission – When the admission is inferred formally offering it in evidence (Torres v. CA, G.R. Nos. L-
from the failure to specifically deny the material 37420-21, July 31, 1984). Pleadings that have been
allegations in the other party’s pleadings. amended disappear from the record, lose their status as
pleadings and cease to be judicial admissions, and to be
utilized as extrajudicial admission, they must, in order to
have such effect, be formally offered in evidence (Ching v.
Court of Appeals 331 SCRA 16).
The self-serving rule is not applicable to judicial admissions. A: The doctrine of processual presumption applies. The
If the declaration is made in open court, it is admissible presumption is that the wordings of the foreign law are the
because the witness may be cross-examined on that same as the local law (Northwest Orient Airlines v. CA, G.R.
matter. No. 83033, June 8, 1990; Moran, 1980). In the absence of
evidence of the law of the foreign country, Philippine laws
Effect of a guilty plea made by the accused during his should be applied under this doctrine (Laureano v. Court of
arraignment which was later on withdrawn Appeals, 324 SCRA 414).
A plea of guilty entered by the accused may be later NOTE: When foreign law refers to law of nations, said law is subject
withdrawn at any time before the judgment of conviction to mandatory judicial notice under Sec. 1 Rule 129. Under the
becomes final. Such plea is not admissible in evidence Constitution, the Philippines adopts the generally accepted
principles of International Law as part of the law of the land (Sec. 2,
against the accused and is not even considered as an
Art. II, 1987 Constitution). Being part of the law of the land, they
extrajudicial admission. are in nature of local laws (Riano, 2013).
Object Evidence Q: Ron was charged with murder for shooting Carlo. After
trial, Ron was found guilty as charged. On appeal, Ron
Object as evidence are those addressed to the senses of the argued that the trial court should have acquitted him as
court. When an object is relevant to the fact in issue, it may his guilt was not proved beyond reasonable doubt. He
be exhibited to, examined or viewed by the court (Sec. 1, argues that the paraffin test conducted on him 2 days
Rule 130). after he was arrested yielded a negative result. Hence, he
could not have shot Carlo. Is Ron correct?
1. Unique objects – Those that have readily identifiable Such record of movements and custody of seized item shall
marks (e.g. a calibre 40 gun with serial number include the identity and signature of the person who held
XXX888). temporary custody of the seized item, the date and time
2. Objects made unique – Those that are made readily when such transfer of custody were made in the course of
identifiable (e.g. a bolo knife used to hack a victim safekeeping and used in court as evidence and the final
which could be identified by a witness in court). disposition (Sec. 1, DDB Reg. No. 1, Series of 2002).
3. Non-unique objects – Those which have no identifying
marks and cannot be marked (e.g. drops of blood) Purpose of establishing a chain of custody
(Riano, 2013).
To guarantee the integrity of the physical evidence and to
DEMONSTRATIVE EVIDENCE prevent the introduction of evidence which is not authentic
but where the exhibit is positively identified the chain of
Real evidence Demonstrative Evidence custody of physical evidence is irrelevant.
Tangible object that played Tangible evidence that
some actual role in the merely illustrates a matter Necessity of establishing a chain of custody
matter that gave rise to of importance in the
the litigation litigation It is necessary when the object evidence is non-unique as it
Intends to prove that the Intends to show that the is not readily identifiable, was not made identifiable or
object is used in the demonstrative object fairly cannot be made identifiable, e.g. drops of blood or oil,
underlying event represents or illustrates a drugs in powder form, fiber, grains of sand and similar
real evidence objects (Riano, 2013).
1. Take biological samples from any person or crime DNA profiles and all results or other information obtained
scene evidence; from DNA testing shall be confidential. Except upon order
2. Impose reasonable conditions on the testing to protect of the court, a DNA profile and all results or other
integrity of the biological sample and the reliability of information obtained from DNA testing shall only be
the test results (Sec. 5, AM No. 06-11-5-SC). released to any of the following, under such terms and
conditions as may be set forth by the court:
DNA Testing without prior court order 1. Person from whom the sample was taken;
2. Lawyers of private complainants in a criminal action;
The Rules on DNA Evidence allows a testing without prior 3. Duly authorized law enforcement agencies; and
court order if done before a suit or proceeding is 4. Other persons as determined by the court (Sec.11,
commenced at the behest of any party including law A.M. No. 06-11-5-SC).
enforcement agencies. This also means that a litigation
need not exist prior to DNA testing. Thus, a court order NOTE: Whoever discloses, utilizes or publishes in any form any
shall be required only if there is a pending litigation but not information concerning a DNA profile without the proper court
before the litigation (Sec. 4, AM No. 06-11-5-SC). order shall be liable for indirect contempt of the court wherein
such DNA evidence was offered, presented or sought to be offered
and presented (Ibid.).
Order granting DNA testing immediately executory
DNA TESTING IN DETERMINING PATERNITY
An order granting the DNA testing shall be immediately
executory and shall not be appealable. Any petition for
1. DNA analysis that excludes the putative father from
certiorari initiated therefrom shall not, in any way, stay the
paternity should be conclusive proof of non-paternity.
implementation thereof, unless a higher court issues an
2. If the value of Probability of Paternity is less than
injunctive order (Sec. 5, AM No. 06-11-5-SC).
99.9%, the results of the DNA analysis should be
considered as corroborative evidence.
Admissibility of a grant of a DNA testing application
3. If the value of Probability of Paternity is 99.9% or
higher, then there is refutable presumption of
The grant of a DNA testing application shall not be
paternity.
construed as an automatic admission into evidence of any
component of the DNA evidence that may be obtained as a
This refutable presumption of paternity should be
result thereof (Sec. 5, AM No. 06-11-5-SC).
subjected to the Vallejo standards (Herrera v. Alba, G.R. No.
148220, June 15, 2005)
Factors that the courts must consider in evaluating DNA
testing results
POST-CONVICTION DNA TESTING; REMEDY
1. The evaluation of the weight of matching DNA
Availability of post-conviction DNA testing
evidence or the relevance of mismatching DNA
evidence;
Post-conviction DNA testing may be available, without need
2. The results of the DNA testing in the light of the
of prior court order, to the prosecution or any person
totality of the other evidence presented in the case;
convicted by final and executory judgment (Sec. 6, A.M. No.
and
06-11-5-SC).
3. DNA results that exclude the putative parent from
paternity shall be conclusive proof of non-paternity
Requisites for the applicability of the post-conviction DNA
(Sec. 9, AM No. 06-11-5-SC).
testing
Possible results of DNA testing
1. Existing biological sample;
2. Such sample is relevant to the case; and
1. The samples are similar, and could have originated
3. The testing would probably result in the reversal or
from the same source (Rule of Inclusion). In such a
modification of the judgment of conviction (Sec. 6,
case, the analyst proceeds to determine the statistical
A.M. No. 06-11-5-SC).
significance of the similarity.
2. The samples are different hence it must have
Remedy of the convict if the result is favorable to him
originated from different sources (Rule of Exclusion).
This conclusion is absolute and requires no further
Either the convict or the prosecution may file a petition for
analysis;
a writ of habeas corpus in the court of origin. In case the
REQUISITES FOR ADMISSIBILITY 1. When the original has been lost or destroyed, or cannot
be produced in court, without bad faith on the part of
Requisites for admissibility the offeror;
2. When the original is in the custody or under the control
1. The document should be relevant. of the party against whom the evidence is offered, and
2. The documents should be authenticated and proved in the latter fails to produce it after reasonable notice;
the manner provided in the Rules of Court (Chua v. CA, 3. When the original consists of numerous accounts or
G.R. No. 88383, February 19, 1992); Such other documents which cannot be examined in court
authentication must be done by a competent witness. without great loss of time and the fact sought to be
3. The documents should be indentified and marked; and established from them is only the general result of the
4. They should be formally offered to the court and whole;
shown to the opposing party so that the latter may 4. When the original is a public record in the custody of a
have the opportunity to object thereto (Ramcar, Inc. public officer or is recorded in a public office (Sec. 3,
vs. Hi-power Marketing, 495 SCRA 375). Rule 130).
Requisites for the applicability of the Best Evidence Rule NOTE: When carbon sheets are inserted between two or
more sheets of writing paper so that the writing of a contract
1. The subject matter must involve a document; and upon the outside sheet, including the signature of the party
to be charged thereby, produces a facsimile upon the sheets
2. The subject of the inquiry is the contents of the
beneath, such signature being thus reproduced by the same
document. stroke of pen which made the surface or exposed impression,
all of the sheets so written on are regarded as duplicate
NOTE: When the truth of the document is in issue and not the originals and either of them may be introduced in evidence as
contents thereof, the best evidence rule will not be applicable. In such without accounting for the nonproduction of the others
such case, it is the hearsay rule that will apply (Riano, 2009). (Trans-pacific Industrial Supplies v. CA, G.R. No. 109172
August 19, 1994).
Subject of inquiry
3. When an entry is repeated in the regular course of
When the best evidence rule comes into operation, it is business, one being copied from another at or near
presumed that the subject of the inquiry is the contents of the time of the transaction, including entries in
the document, thus the party offering the document must journals and ledgers, all the entries are likewise
present the original thereof and not any other secondary equally regarded as originals (Sec. 4, Rule 130).
evidence.
NOTE: Writings with identical contents made by printing,
Collateral Facts Rule mimeographing, lithography and other similar methods
executed at the same time are considered as original
A document or writing which is merely “collateral” to the document. Thus, each newspaper sold in the stand is an
original in itself (Riano, 2013).
issue involved in the case on trial need not be proved.
Where the purpose of presenting a document is not to
Q: When Anna loaned a sum of money to Blair, Anna
prove its contents, but merely to give coherence to, or to
typed a single copy of the promissory note, which they
make intelligible the testimony of a witness regarding a fact
both signed. Anna made two photocopies of the
contemporaneous to the writing, the original of the
promissory note, giving one copy to Blair and retaining the
document need not be presented.
other copy. Anna entrusted the typewritten copy to his
counsel for safekeeping. The copy with Anna's counsel
Q: At a trial for violation of the Dangerous Drugs Act, the
was destroyed when the law office was burned.
prosecution offers in evidence a photocopy of the marked
1. In an action to collect on the promissory note, which
P100.00 bills used in the “buy-bust” operation. The
is deemed to be the "original" copy for the purpose
accused objects to the introduction of the photocopy on
of the best evidence rule?
the ground that the best evidence rule prohibits the
2. Can the photocopies in the hands of the parties be
introduction of secondary evidence in lieu of the original.
considered "duplicate original copies"?
1. Is the photocopy real (object) evidence or
3. As counsel for Anna, how will you prove the loan
documentary evidence?
given by Anna to Blair? (1997 Bar Question)
2. Is the photocopy admissible in evidence? (1994 Bar
Question)
A:
1. The copy that was signed and lost is the only "original"
A:
copy for purposes of the best evidence rule [Sec. 4 (b),
1. It is real (object) evidence, because the contents of the
Rule 130].
marked bills are not in issue.
2. No, because they are merely photocopies which were
2. Yes, it is admissible in evidence, because the best
not signed (Mahilum v. CA, G.R. No. L-17970, July 10,
evidence rule does not apply to object or real
1966). They constitute secondary evidence (Sec. 5,
evidence. The best evidence rule is inapplicable since
Rule 130).
such secondary evidence is only intended to establish
the existence of a transaction and not the contents of
3. It may be proved by secondary evidence through the
the document.
photocopies of the promissory note. When the original
document is lost or destroyed, or cannot be produced
MEANING OF ORIGINAL DOCUMENT
in court, the offeror, upon proof of its execution or
existence and the cause of its unavailability without
Original document
bad faith on his part, may prove its contents by a copy,
or by a recital of its contents in some authentic
1. The original of a document is one the contents of
document, or by the testimony of witnesses in the
which are the subject of inquiry;
order stated (Sec. 5, Rule 130).
REQUISITES FOR INTRODUCTION OF SECONDARY execution of the note, if not denied under oath, would be deemed
admitted (Sec. 8, Rule 9).
EVIDENCE
Intentional destruction of original document
Secondary evidence
Intentional destruction of the originals by a party who
It refers to evidence other than the original instrument or
acted in good faith does not preclude the introduction of
documents itself. It is the class of evidence that is relevant
secondary evidence of the contents thereof (Regalado,
to the fact in issue, it being first shown that the primary
2009).
evidence of the fact is not obtainable. It performs the same
functions as that of primary evidence (EDSA Shangri-La
Proof of loss or destruction
Hotel and Resort, Inc., v. BF Corporation, GR 145873, June
27, 2008; Francisco, 1992).
It may be proved by:
NOTE: All duplicates or counterparts of such document must first
1. Any person who knew of such fact;
be accounted before one can resort to secondary evidence. It must 2. Anyone who, in the judgment of the court, had made
appear that all of them have been lost or destroyed or cannot be sufficient examination in the places where the
produced in court. The non-production of the original document, document or papers of similar character are usually
unless it falls under any of the exceptions in Sec. 3, Rule 130, gives kept by the person in whose custody the document
rise to the presumption of suppression of evidence (De Vera, et al. was and has been unable to find it; or
vs. Aguilar, et al. G.R. No. 83377, February 9, 1993). 3. Any person who has made any other investigation
which is sufficient to satisfy the court that the
When original document is unavailable document is indeed lost.
When the original document has been lost or destroyed, or NOTE: A reasonable probability of its loss is sufficient, and this may
cannot be produced in court, the offeror, upon proof of its be shown by a bona fide and diligent search, fruitlessly made, in
execution or existence and the cause of its unavailability places where it is likely to be found (Paylago v. Jarabe, 22 SCRA
without bad faith on his part, may prove its contents by a 1247).
copy, or by a recital of its contents in some authentic
document, or by the testimony of witnesses in the order All duplicates or counterparts of a lost or destroyed document
must be accounted for before using copies thereof since all
stated (Sec. 5, Rule 130).
duplicates are parts of the writing to be proved (De Vera et. al. vs.
Aguilar et. al, G.R. No. 83377; February 9, 1993).
Requisites before the contents of the original document
may be proved by secondary evidence Order of presentation of secondary evidence
The offeror must prove the following: Upon proof of its execution and loss of the original
1. Execution or existence of the original document; document, its contents may be proved by:
2. The cause of its unavailability; and 1. Copy of the original;
3. The unavailability of the original is not due to bad faith 2. Recital of the contents of the document in some
on his part. (Sec. 5, Rule 130) authentic document; or
3. By the testimony of witnesses (Sec. 5, Rule 130)
NOTE: Accordingly, the correct order of proof is as follows:
existence, execution, loss, and contents. This order may be
NOTE: The hierarchy of preferred secondary evidence must strictly
changed if necessary at the sound discretion of the court (Citibank
be followed.
N.A. Mastercard v. Teodoro, G.R. No. 150905, September 23, 2003).
A: Yes, if the party against whom the secondary evidence is A: Yes. Although the failure of Lynette to produce the
offered does not object thereto when the same is offered in original of the note is excusable since she was not given
evidence, the secondary evidence becomes primary reasonable notice, a requirement under the Rules before
evidence. But even admitted as primary evidence, its secondary evidence may be presented, the copy in
probative value must still meet the various tests by which possession of Paula is not a secondary evidence but a
its reliability is to be determined. Its admissibility should duplicate original because it was executed at the same time
not be confused with its probative value (Heirs of Teodoro as the original and with identical contents. Hence, being the
De la Cruz v. CA, G.R. No. 117384, October 21, 1998). best evidence, the rule on secondary evidence need not be
complied with.
When original document is in adverse party’s custody or
control When a document produced is not offered in evidence
If the document is in the custody or under the control of If the party who calls for the production of a document
adverse party, he must have reasonable notice to produce does not offer the same in evidence, no unfavorable
it. If after such notice and after satisfactory proof of its inference may be drawn from such failure. This is because a
existence, he fails to produce the document, secondary party who calls for the production of a document is not
evidence may be presented as in the case of its loss (Sec. 6, required to offer it (Sec. 8, Rule 130).
Rule 130).
Production of documents under Sec. 8, Rule 130 v. Rule 27
Requisites in order that secondary evidence may be (mode of discovery)
admitted when the original document is in the custody or
control of the adverse party Sec. 8, Rule 130 Rule 27
Procured by mere notice to The production of
1. The original is in the possession or under the control of the adverse party, which is document is in the nature
the opponent; a condition precedent for of a mode of discovery and
the subsequent can be sought only by
2. Demand or notice is made to him by the proponent introduction of secondary proper motion in the trial
signifying that the document is needed; evidence by the court and is permitted only
proponent. upon good cause shown.
NOTE: No particular form of notice is required, to be given to Presupposes that the Contemplates a situation
the adverse party, as long as it fairly appraises the other party document to be produced wherein the document is
as to what papers are desired. Even an oral demand in open is intended as evidence for either assumed to be
court for such production at a reasonable time thereafter will
the proponent who is favorable to the party in
suffice. Such notice must, however, be given to the adverse
party, or his attorney, even if the document is in the actual presumed to have possession thereof or that
possession of a third person (Regalado, 2008). knowledge of its contents. the party seeking its
production is not
3. Failure or refusal of opponent to produce document in sufficiently informed of the
court; and contents of the same.
NOTE: A justified refusal or failure of the adverse party to When the original consists of numerous accounts
produce the original document will not give rise to the
presumption of suppression of evidence, or create an When the production of the original writings and their
unfavorable inference against him. It only authorizes the examination in court would result in great loss of time
presentation of secondary evidence (Regalado, 2008).
considering that the evidence desired from the voluminous
accounts is only the general result of the whole [Sec. 3(c),
4. Satisfactory proof of existence of original document
Rule 130].
(Sec. 6, Rule 130).
NOTE: A witness may be allowed to offer a summary of a number
Q: Paula filed a complaint against Lynette for the recovery of documents, or summary of the contents may be admitted if
of a sum of money based on a promissory note executed documents are so voluminous and intricate as to make an
by the latter. During the hearing, Paula testified that the examination of all of them impracticable. They may also be
original note was with Lynette and the latter would not presented in the form of charts or calculations (Riano, 2013).
surrender to Paula the original note which Lynette kept in
a place about one day's trip from where she received the
notice to produce the note and in spite of such notice to
produce the same within 6 hours from receipt of such
NOTE: Parol evidence is evidence outside of the agreement of the WHEN PAROL EVIDENCE CAN BE INTRODUCED
parties while the parol evidence rule prevents the presentation of
such parol evidence.
Exceptions to Parol Evidence Rule
Rationale for the adoption of the parol evidence rule
A party may present evidence to modify, explain or add to
(1998 Bar Question)
the terms of the written agreement if he puts in issue in his
pleadings the following:
It is designed to give certainty to a transaction which has
been reduced to writing, because written evidence is much
1. An intrinsic ambiguity, mistake or imperfection in the
more certain and accurate than that which rests on fleeting
written agreement;
memory only (Francisco, 1992). Moreover, it gives stability
2. Failure of the written agreement to express the true
to written statements, removes the temptation and
intent of the parties thereto;
possibility of perjury and prevents possible fraud.
3. Validity of the written agreement; or
4. Existence of other terms agreed to by the parties or
Waiver applicable
their successors in interest after the execution of the
written agreement (Sec. 9, Rule 130).
Failure to invoke the benefits of the rule constitutes as
waiver of the rule. Inadmissible evidence may be rendered
Kinds of ambiguities
admissible by failure to object (Riano, 2009).
Intrinsic or Extrinsic or Intermediate
NOTE: However, even if the parol evidence is admitted, it does not
mean that the court would give probative value to the parol Latent Patent
evidence. Admissibility is not the equivalent of probative value or On its face, the Ambiguity is Ambiguity
credibility (Riano, 2009). writing appears apparent on the consists in the
clear and face of the use of equivocal
Condition precedent and a condition subsequent unambiguous writing and words
established by parol evidence but there are requires that susceptible of
collateral something be two or more
Condition precedent may be established by parol evidence matters which added to make interpretation
because there is no varying of the terms of the written make the the meaning
contract by extrinsic agreement for the reason that there is meaning certain
no contract in existence. There is nothing in which to apply uncertain
the excluding rule. Conditions subsequent may not be Curable by Cannot be cured Curable by
established by parol evidence since a written contract evidence aliunde by evidence evidence aliunde
already exists. aliunde because
it is only intrinsic
APPLICATION OF THE PAROL EVIDENCE RULE ambiguity not
extrinsic
Requisites for the application of the parol evidence rule ambiguity which
serves as an
1. There must be a valid contract; exception to the
2. The terms of the agreement must be reduced to parol evidence
writing; rule
Where the Where the Use of terms
NOTE: “Agreement” includes wills. document refers contract refers such as “dollars”
to a particular to an “tons” and
3. The dispute is between the parties or their successors- person or thing unidentified “ounces”
in-interest; and but there are grantee or does
4. There is dispute as to the terms of the agreement. two or more not particularly
persons having identify the
Parties should be privies to the contract the same name subject matter
or two or more thereof such
The parol evidence rule does not apply, and may not be things to which that, in either
properly invoked by either party to the litigation against the the description case the text
other, where at least one party to the suit is not a party or in the writing does not disclose
may apply who are or what Prohibits the varying of the Prohibits the introduction of
is referred to terms of a written secondary evidence in lieu
(Regalado, 2008) agreement of the original document
regardless of whether or
Mistake not it varies the contents of
the original
The mistake contemplated is one which is a mistake of fact Applies only to documents Applies to all kinds of
mutual to both parties (Bernardo, 2008, pg. 38 citing which are contractual in writings
Gurango vs. IAC, 215 SCRA 332). Parol evidence may only nature including wills
be allowed, if any of the foregoing matters is put in issue in Can be invoked only when Can be invoked by any party
the pleadings. the controversy is between to an action whether or not
the parties to the written he has participated in the
Failure of the written agreement to express true intent of agreement, their privies, or writing involved
the parties any party affected thereby
like a cestui que trust
Parol evidence may be admitted to show the true (Regalado, 2008)
consideration of the contract, or the want or illegality
thereof, or the incapacity of the parties, or the fact that the AUTHENTICATION AND PROOF OF DOCUMENTS
contract was fictitious or absolutely simulated, or that
there was fraud in inducement (Regalado, 2008). MEANING OF AUTHENTICATION
WHEN A PRIVATE WRITING REQUIRES AUTHENTICATION; 1. It may be proved by any witness who actually saw the
PROOF OF A PRIVATE WRITING person writing the instrument;
2. By any person who is familiar or has acquired
Who may prove the due execution and authenticity of knowledge of the handwriting of such person, his
private documents opinion as to the handwriting being an exception to
the opinion rule under Secs. 48 & 50 of Rule 130;
1. By anyone who saw the document executed or 3. By a comparison of the questioned handwriting from
written; or the admitted genuine specimens thereof; or
2. By evidence of the genuineness of the signature or 4. By expert witness (Secs. 20 & 22, Rule 132; Sec. 49,
handwriting of the maker. Rule 130).
Any other private document need only be identified as that NOTE: Sec. 22 of merely enumerates the methods of proving
which it is claimed to be, i.e. ancient documents. handwriting but does not give preference or priority to a particular
method (Lopez v. CA, et. al, L-31494, January 23, 1978).
NOTE: In addition to the modes of authenticating a private
document under Sec. 20, Rule 132, American Jurisprudence also PUBLIC DOCUMENTS AS EVIDENCE; PROOF OF OFFICIAL
recognizes the doctrine of self-authentication - where the facts in RECORD
writing could only have been known by the writer; and the rule of
authentication by the adverse party - where the reply of the Proof of public records
adverse party refers to and affirms the sending to him and his
receipt of the letter in question, a copy of which the proponent is
offering as evidence (Regalado, 2010).
Written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public
Q: Is the testimony of a handwriting expert indispensable officers, e.g. a written foreign law, may be evidenced by:
to the examination or the comparison of handwritings in 1. If it is within the Philippines
cases of forgery? a. An official publication thereof; or
b. By a copy attested by the officer having the legal
A: No. A finding of forgery does not depend entirely on the custody of the record, or by his deputy.
testimonies of handwriting experts, because the judge must 2. If it is kept in a foreign country
They are prima facie evidence of the facts stated therein if 1. Want of jurisdiction in the court or judicial officer;
entered by a public officer in the performance of a duty. All 2. Collusion between the parties; or
other public documents are evidence, even against a third 3. Fraud in the party offering the record, in respect to the
person, of the fact which gave rise to their execution and of proceedings (Sec. 29, Rule 132).
the date of the latter (Sec. 23, Rule 132).
Q: Lino was charged with illegal possession of firearm.
Q: Is a special power of attorney executed and During trial, the prosecution presented in evidence a
acknowledged before a notary public in a foreign country certification of the PNP Firearms and Explosives Office
authorizing a person to file a suit against certain persons attesting that the accused had no license to carry any
in the Philippines admissible in evidence? firearm. The certifying officer, however, was not
presented as a witness. Is the certification of the PNP
A: No, because a notary public in a foreign country is not Firearm and Explosives Office without the certifying
one of those who can issue the certificate mentioned in officer testifying on it admissible in evidence against Lino?
Sec. 24, Rule 132 of Rules of Court. Non-compliance with (2003 Bar Question)
the said rule will render the SPA inadmissible in evidence.
Not being duly established in evidence, the SPA cannot be A: Yes. Section 28, Rule 130 provides that “a written
used to file a suit in representation of another. The failure statement signed by an officer having the custody of an
to have the SPA authenticated is not a mere technicality official record or by his deputy that after diligent search, no
but a question of jurisdiction (Heirs of Medina v. Natividad, record or entry of a specified tenor is found to exist in the
G.R. No. 177505, November 27, 2008). records of his office, accompanied by a certificate as above
provided, is admissible as evidence that the records of his
ATTESTATION OF A COPY office contain no such record or entry.”
Whenever a copy of a document or record is attested for The records of the PNP Firearm and Explosives Office are a
the purpose of evidence, the attestation must state, in public record. Hence, notwithstanding that the certifying
substance: officer was not presented as a witness for the prosecution,
1. That the copy is a correct copy of the original, or a the certification he made is admissible in evidence against
specific part thereof, as the case may be; Lino.
2. It must be under the official seal of the attesting
officer, if there be any, or if he be the clerk of a court PROOF OF NOTARIAL DOCUMENTS
having a seal, under the seal of such court (Sec. 25,
Rule 132). Notarial documents
The document may be presented in evidence without It is sometimes called viva voce evidence which literally
further proof, the certificate of acknowledgment being means “living voice” or by word of mouth. In this kind of
prima facie evidence of the execution of the instrument or evidence, a human being (witness) is called to the stand, is
document involved (Sec. 30, Rule 132). asked questions, and answers the question asked of him
(Riano, 2013).
NOTE: The identification documents which may be presented as
“competent evidence of identity” by signatories to documents or
QUALIFICATION OF A WITNESS
instruments to be notarized include, but are not limited to:
passports, driver’s licenses, Professional Regulations Commission
identification cards, NBI clearances, police clearances, postal IDs, Qualification of a Witness
voter’s IDs, Barangay certifications, GSIS e-cards, SSS cards,
Philhealth cards, senior citizen’s cards, Overseas Workers Welfare Except as provided in the next succeeding section, all
Administration (OWWA) IDs, OFW IDs, seaman’s books, alien persons who can perceive, and perceiving, can make their
certificate of registrations/immigrant certificate of registrations, known perception to others, may be witnesses.
government office IDs, certifications from the National Council for
the Welfare of Disabled Persons (NCWDP), and DSWD NOTE: Religious or political belief, interest in the outcome of the
certifications. case, or conviction of a crime unless otherwise provided by law,
shall not be ground for disqualification.
Evidentiary weight of a notarial document
Presumption regarding the qualification of a witness
Notarial documents celebrated with all the legal requisites
under a notarial certificate is evidence of a high character, Generally, a person who takes the witness stand, is
and to overcome its recitals, it is incumbent upon the party presumed to be qualified to testify. A party who desires to
challenging it to prove his claim with clear, convincing and question the competence of a witness must do so by
more than mere preponderant evidence. making an objection as soon as the facts tending to show
incompetency are apparent (Jones on Evidence, Vol. 3, Sec.
A notarized document carries the evidentiary weight 796).
conferred upon it with respect to its due execution, and it
has in its favor the presumption of regularity which may A prospective witness must show that he has the following
only be rebutted by evidence so strong and convincing as to abilities:
exclude all controversy as to the falsity of the certificate. 1. To observe – The testimonial quality of perception;
Absent such, the presumption must be upheld. The burden 2. To remember – The testimonial quality of memory;
of proof to overcome the presumption of due execution of 3. To relate – The testimonial quality of narration; and
a notarial document lies on the one contesting the same 4. To recognize a duty to tell the truth – The testimonial
(Pan Pacific Industrial Sales Co. v. CA, G.R. No.125283, quality of sincerity.
August 9, 2005).
Time when should the witness possess the qualifications
HOW TO EXPLAIN ALTERATIONS IN A DOCUMENT
The qualifications and disqualifications of witnesses are
A party producing a document as genuine which has been determined as of the time said witnesses are produced for
altered and appears to have been altered after its examination in court or at the taking of their depositions
execution must account for the alteration. He may show (Regalado, 2008).
that the alteration:
1. Was made by another, without his concurrence; WHO MAY BE WITNESSES
2. Was made with the consent of the parties affected by
it; Who may be witnesses
3. Was otherwise properly or innocently made; or
4. That the alteration did not change the meaning or All persons who:
language of the instrument. 1. Can perceive and in perceiving;
2. Can make known their perception to others (Sec. 20,
NOTE: Failure to do at least one of the above will make the
Rule 130);
document inadmissible in evidence (Sec. 31, Rule 132).
NOTE: The judge must determine first whether the witness A: No, it only affects his credibility. Nevertheless, as long as
understands the nature of the oath, realizes the moral duty to tell the witness can convey ideas by words or signs and give
the truth and understands the prospect of being punished for a sufficiently intelligent answers to questions propounded,
falsehood. A person is not qualified to be a witness if he is
she is a competent witness even if she is feeble-minded or
incapable of understanding the duty to tell the truth. (Riano, 2009)
is mental retardate or is a schizophrenic (People v. De Jesus,
G.R. No. L-39087, Apr. 27, 1984; People v. Gerones, G.R. No.
COMPETENCY VERSUS CREDIBILITY OF A WITNESS
91116, Jan. 24, 1991; People v. Baid, G.R. No. 129667, July
31, 2000).
Competency v. Credibility of the witness (2004 Bar
Question)
NOTE: Testimony of children whose mental maturity is such as to
render them incapable of perceiving the facts respecting which
Competency of Witness Credibility of Witness they are examined and of relating them truthfully does not only
Refers to a witness who Refers to a witness whose affect his/her credibility but his/her competence.
can perceive, and in testimony is believable.
perceiving, can make Findings on the credibility of a witness
known his perception to
others. GR: Questions concerning the credibility of a witness are
Is a matter of law or a Refers to the weight and best addressed to the sound discretion of the trial court as
matter of rule trustworthiness or it is in the best position to observe his demeanor and bodily
reliability of the testimony. movements (Llanto v. Alzona, 450 SCRA 288). The findings
It also includes the absence of the trial courts carry great weight and respect and,
of any of the generally, the appellate courts will not overturn the said
disqualifications imposed findings.
upon a witness.
XPNs:
NOTE: GR: Inconsistency in the affidavit and those made in the 1. The lower court has reached conclusions that are
witness stand will not discredit him, because it is a matter of clearly unsupported by evidence,
judicial experience that an affidavit being taken ex parte, is almost 2. It has overlooked some facts or circumstances of
always incomplete and often inaccurate. weight and influence which, if considered, would
affect the result of the case (People vs. Dalag, G.R. No.
XPN: The credibility of a witness will be impaired if:
129895. April 30, 2003).
1. The omission in the affidavit refers to a very important detail
of the incident that one relating the incident as an eyewitness
would not be expected to fail to mention and DISQUALIFICATION OF A WITNESS
2. When the narration in the sworn statement substantially
contradicts the testimony in court. The point of inquiry is Disqualification of a Witness
whether the omission is important or substantial (People vs.
Calegan, 233 SCRA 537) The following are the disqualifications of a witness:
1. Disqualification by reason of mental incapacity or
Presumption of Competency immaturity (Sec. 21, Rule 130);
2. Disqualification by reason of marriage(sec. 22, Rule
GR: A person who takes the witness stand is presumed to 130);
possess the qualifications of a witness. 3. Disqualification by reason of death or insanity of
adverse party (Sec. 23, Rule 130); and
XPNs: There is prima facie evidence of incompetency in the 4. Disqualification on the ground cof privileged
following: communication (Sec. 24, Rule 130):
1. The fact that a person has been recently found of a. Marital privilege;
unsound mind by a court of competent jurisdiction; or b. Attorney-client privilege;
2. That one is an inmate of an asylum for the insane c. Doctor-patient privilege;
(Torres v. Lopez, 48 Phil. 722). d. Minister-penitent privilege; or
e. Public officer as regards communications made in
official confidence.
Exceptions to spousal immunity The act of Bob in setting fire to the house of his sister-in-
law, knowing fully well that his wife was there, is an act
1. Consent is given by the party-spouse; totally alien to the harmony and confidences of marital
2. In a civil case filed by one against the other; relation which the disqualification primarily seeks to
3. In a criminal case for a crime committed by one protect. The criminal act complained of had the effect of
against the other or the latter’s direct descendants or directly and vitally impairing the conjugal relation. It
ascendants (Sec. 22, Rule 130); or underscored the fact that the marital and domestic
4. Where the testimony was made after the dissolution relations between her and the accused-husband have
of the marriage. become so strained that that there is no more harmony,
peace or tranquility to be preserved (Alvarez v. Ramirez,
Waiver of spousal immunity G.R. No. 143439, Oct. 14, 2005).
It can be waived just like any other objection to the Q: Alex and Bianca are legally married. Alex is charged in
competency of other witnesses, through failure to court with the crime of serious physical injuries
interpose timely objection at the time the other spouse is committed against Carding, son of Bianca and step-son of
called as a witness (People vs. Francisco, 78 Phil. 694). Alex. Bianca witnessed the infliction of the injuries on
Carding by Alex. The public prosecutor called Bianca to the
Extent of prohibition witness stand and offered her testimony as an eyewitness.
Counsel for Alex objected on the ground of the marital
The prohibition extends not only to a testimony adverse to disqualification rule under the Rules of Court.
the spouse but also to a testimony in favor of the spouse. It 1. Is the objection valid?
also extends to both criminal and civil cases and not only 2. Will your answer be the same if Bianca’s testimony
consists of utterances but also the production of is offered in a civil case for recovery of personal
documents (State vs. Bramlet, 114 S.C. 389,103 S.E. 755; property filed by Carding against Alex? (2000, 2004
Riano, 2009). Bar Question)
Q: Ivy was estranged from her husband Bob for more than DISQUALIFICATION BY REASON OF DEATH OR
a year due to Bob’s suspicion that she was having an affair INSANITY OF THE ADVERSE PARTY
with Jeff, their neighbor. Ivy was temporarily living with (DEAD MAN STATUTE/SURVIVING PARTY RULE)
her sister in Pasig City. For unknown reasons, the house of
Ivy’s sister was burned, killing the latter. Ivy survived. Ivy Dead Man’s Statute
saw her husband in the vicinity during the incident. Later,
Bob was charged with arson in an Information filed with Parties or assignors of parties to a case, or persons in
the RTC, Pasig City. During the trial, the prosecutor called whose behalf a case is prosecuted, against an executor or
Ivy to the witness stand and offered her testimony to administrator or other representative of a deceased
prove that her husband committed arson. Can Ivy testify person, or against a person of unsound mind, upon a claim
Waiver of the privilege to invoke the Dead Man’s Statute Q: True or False. The surviving parties rule bars Maria
is when the defendant: from testifying for the claimant as to what the deceased
Jose had said to her, in a claim filed by Pedro against the
1. does not timely object to the admission of such estate of Jose. Explain. (2001, 2007 Bar Question)
evidence or testifies on prohibited matters (Asturias
vs. CA, L-17895, September 30, 1963); A: False. For the survivorship disqualification rule or the
2. cross-examines the plaintiff (Tongco v. Vianzon, 50 dead man’s statute to apply, one of the requisites is that
Phil 698); or the witness being offered is either a party plaintiff, or his
3. files a counter claim against the plaintiff (Goni v. CA, assignor or a person in whose behalf a case is prosecuted.
G.R. No. L-77434, September 23, 1986). Here, Maria is a mere witness. Hence, Maria does not fall
within the prohibition and is not barred from testifying.
A: No. The testimony even if confidential was not Disqualification by reason of attorney-client relationship
communicated to B during the time of marriage, but before
the marriage. An attorney cannot, without the consent of his client, be
examined as to any communication made by the client to
Q: Supposed in the above problem, the information him, or his advice given thereon in the course of, or with a
received by B was communicated to A during their view to, professional employment, nor can an attorney's
marriage, can A validly object to the testimony of B if it secretary, stenographer, or clerk be examined, without the
was offered after the dissolution of their marriage on the consent of the client and his employer, concerning any fact
ground of marital disqualification rule under Sec. 22? the knowledge of which has been acquired in such capacity
[Sec. 24 (b), Rule 130].
A: No. He can only object based on the marital
disqualification rule if the testimony was offered during NOTE: This rule shall apply to similar communications made to or
their marriage and not to testimony offered after the received by a law student, acting for the legal clinic (Sec. 3, Rule
dissolution of the marriage. The proper objection must be 138-A). Communication in furtherance of crime or fraud is not
privileged (8 Wigmore, Evidence) or for the purpose of committing
based on marital privilege rule under Sec. 24 because such
a crime or a tort or those made in furtherance of an illicit activity.
defense is applicable even after the dissolution of marriage
provided that the communication was made confidentially
Purpose of Attorney-Client Relationship
to B during their marriage.
To encourage full disclosure by client to his attorney of all
Q: A was prosecuted and convicted for bigamy for
pertinent matters as to further the administration of justice
allegedly contracting a second marriage with C.
and to protect the client from possible breach of
Thereafter, C was presented as a witness to testify against
confidence as a result of a consultation with a lawyer
A for the alleged killing of D. A objected on the ground
(Hadjula v. Mdianda A.C. No. 6711, July 3, 2007).
that the matters to be testified by C were communicated
to her during their marriage. Is he correct?
Requisites for the application Attorney-Client privilege:
A: No. The law requires that both the marital
1. Attorney-client relation;
disqualification rule under Sec. 22 and the marital privilege
2. The privilege is invoked with respect to a confidential
rule under Sec. 24 can only be invoked by spouses who are
communication or advice between them in the course
validly married to each other. In this case, the bigamous
of or with a view to professional employment; and
marriage between A and C is void.
3. The client has not given his consent to the attorney’s
testimony; or if the attorney’s secretary, stenographer
Q: James, an alien, was criminally charged of promoting
or clerk is sought to be examined, that both the client
and facilitating child prostitution and other sexual abuses
and the attorney have not given their consent
under R.A. 7610. The principal witness against him was his
(Regalado, 2008).
Filipina wife, Conching. Earlier, she had complained that
James’ hotel was being used as a center for sex tourism
Test in applying the attorney-client privilege
and child trafficking. The defense counsel for James
objected to the testimony of Conching at the trial of the
The test is whether the communication made is with the
child prostitution case and the introduction of the
view of obtaining from the lawyer his professional
affidavits she executed against her husband as a violation
assistance or advice regardless of the existence or absence
of spousal confidentiality and marital privilege rule. It
of a pending litigation.
turned out that Patring, the minor daughter of Conching
by her first husband who was a Filipino, was molested by NOTE: This rule does not require a perfected attorney – client
James earlier. Thus, Conching had filed for legal separation relationship. It is enough that the communication or advice be with
against James since last year. May the court admit the a view to professional employment [Sec. 24(b), Rule 130].
testimony and affidavits of the wife, Conching, against her
husband, James, in the criminal case involving child
prostitution? Reason (2004 Bar Question)
Physician and Patient Privilege questions under cross-examination on matters which are
supposedly privileged, the waiver also exists. There could
Physician and Patient Privilege also be waiver by operation of law (Sec. 4, Rule 28).
A person authorized to practice medicine, surgery or Cases when Physician and Patient Privilege is inapplicable:
obstetrics cannot in a civil case, without the consent of the
patient, be examined as to any advice or treatment given 1. Not given in confidence;
by him or any information which he may have acquired in 2. Irrelevant to the professional employment;
attending such patient in a professional capacity, which 3. Made for an unlawful purpose;
information was necessary to enable him to act in capacity, 4. Intended to be made public; or
and which would blacken the reputation of the patient (Sec. 5. Waived either by contract or law (Regalado, 2008).
24(c), Rule 130).
Q: Is it necessary that the professional relationship exists
Purpose of this privilege between the doctor and patient when the communication
was made?
The privilege is intended to facilitate and make safe, full
and confidential disclosure by patient to doctor of all facts, A: Yes. It is essential that at the time the communication
circumstances, and symptoms, untrammeled by was made, the professional relationship is existing, that is,
apprehension of their subsequent and enforced disclosure while the doctor was attending to the patient for curative,
and publication on the witness stand, to the end that the preventive or palliative treatment. It is not however
physician may form a correct opinion, and be enabled necessary that the relationship was created through the
safely and efficaciously to treat his patient. voluntary act of the patient. The treatment may have been
given at the behest of another, the patient being in
Requisites for the applicability of physician and patient extremis (Ibid.).
privilege
Q: In a proceeding for annulment of marriage on the
1. The action involves a civil case; ground of psychological incapacity, the husband
presented a confidential psychiatric report prepared by a
NOTE: This privilege cannot be claimed in a criminal case physician after examining his wife, but without the
presumably because the interest of the public in criminal knowledge of the physician. Can the wife invoke the
prosecution should be deemed more important than the physician patient privilege?
secrecy of the communication. (Riano, 2009)
A: No. The person against whom the privilege is claimed is
2. The relation of physician and patient existed between not one duly authorized to practice medicine, surgery, or
the person claiming the privilege or his legal obstetrics. He is simply the patient's husband who wishes
representative and the physician; to testify on a document executed by medical practitioners.
3. The advice or treatment given by him or any Neither can his testimony be considered a circumvention of
information was acquired by the physician while the prohibition because his testimony cannot have the
professionally attending to the patient; force and effect of the testimony of the physician who
4. The information was necessary for the performance of examined the patient and executed the report. The proper
his professional duty; and objection should be hearsay and not privileged
5. The disclosure of the information would tend to communication. (Krohn v. Court of Appeals, 233 SCRA 146)
blacken the reputation of the patient.
Q: Aimee sought to offer as evidence the testimony of Dr.
Information which cannot be disclosed Naval to prove that Bob is not the illegitimate son of
Yuring as the latter was sterile. Bob objected to the
1. Any advice given to the client; admissibility of the said testimony arguing that the same
2. Any treatment given to the client; is covered by the physician-patient privilege because the
3. Any information acquired in attending such patient testimony would blacken the reputation of Yuring. It was
provided that the advice, treatment or information alleged that Yuring became sterile because he contracted
was made or acquired in a professional capacity and gonorrhea. Aimee argues that Yuring is long dead and, as
was necessary to enable him to act in that capacity; such, the privilege may not be invoked.
and 1. Is the testimony of Dr. Naval covered by the
4. That the information sought to be disclosed would physician-patient privilege?
tend to blacken the reputation of the patient (Sec. 2. Does the fact that Yuring is long dead bar the
24(c), Rule 130). application of the physician-patient privilege?
Waiver of Privilege A:
1. Yes. Yuring's sterility arose when he contracted
The waiver may be made expressly or impliedly. The waiver gonorrhea, a fact which most assuredly blackens his
may be by a contract as in medical or life insurance. When reputation. In fact, given that society holds virility at a
there is disclosure by the patient of the information, there premium, sterility alone, without the attendant
is necessarily, a waiver. When the patient answers embarrassment of contracting a sexually-transmitted
A person may not be compelled to testify against his/her 3. D, as a doctor who used to treat W, is disqualified to
parents or other direct ascendants (Sec. 25, Rule 130). It is testify against W over her objection as to any advice or
therefore a privilege granted and which can be invoked treatment given by him or any information which he
only by the child or other direct descendant. may have acquired in his professional capacity [Sec. 24
(c), Rule 130].
NOTE: Under the Family Code, the general rule is that no
descendant shall be compelled, in a criminal case, to testify against Other Privileged Matters
his parents and grandparents. As an exception, a descendant may
be compelled to give his testimony in the following instances:
Other privileged matters
1. When such testimony is indispensable in a crime committed
against said descendant or
2. In a crime committed by one parent against the other 1. The guardian ad litem shall not testify in any
(Art.215, Family Code; Riano, 2009) proceeding concerning any information, statement, or
opinion received from the child in the course of
Q: A was convicted of raping his own daughter. His son, an serving as a guardian ad litem, unless the court finds it
8 year old boy testified against him. Can he object to the necessary to promote the best interests of the child
testimony on the ground of filial privilege and invoke the [Sec. 5 (e), Rule on Examination of a Child Witness];
incompetence of the child? 2. Editors, publisher, or duly accredited reporter of any
newspaper, magazine or periodical of general
A: No. The competency of his son is not affected by the circulation cannot be compelled to reveal the source
filial privilege Rule. The Rule is not strictly speaking a of any news report or any information given to him in
disqualification but refers to a privilege not to testify, which confidence, unless a court or a House or a committee
can be invoked and waived like other privileges. The son of Congress finds that such revelation is demanded for
was not compelled to testify against his father but chose to State security (R.A. 1477);
waive that filial privilege when he voluntarily testified 3. Voters may not be compelled to disclose for whom
against the accused (People v. Invencion, 398 SCRA 592). they voted;
4. Trade secrets cannot be disclosed although this is not
Q: A married to B killed the latter. One of the witnesses absolute as the court may compel disclosure where it
was C, the mother of B, who was being compelled to is indispensable for doing justice (Francisco, 1992);
testify against A. Can A object on the ground of parental 5. Bank deposits are absolutely confidential in nature
privilege? except upon written permission of the depositor, or in
cases of impeachment, or upon lawful order of a
A: No. C is not a direct ascendant of A but that of B, being competent court (R.A. 1405; Francisco, 1992);
the mother of the latter. Thus, the privilege does not 6. Conciliators and similar officials shall not testify in any
belong to A. court or body regarding any matter taken up at the
conciliation proceedings conducted by them (Art. 233,
Q: C is the child of the spouses H and W. H sued his wife W Labor Code); and
for judicial declaration of nullity of marriage under Article 7. Informers, for the protection of their identity, cannot
36 of the Family Code. In the trial, the following testified be compelled to testify by the prosecutor when their
over the objection of W: C, H and D, a doctor of medicine testimony would merely be cumulative and
who used to treat W. Rule on W's objections which are the corroborative (Herrera, 1999).
following: 8. Information in tax census returns (Air Philippines
1. H cannot testify against her because of the rule on Corporation v. Pennswell Inc., G.R. No. 172835,
marital privilege; December 13, 2007).
2. C cannot testify against her because of the doctrine
on parental privilege; and
NOTE: Something more than the bare assertion of the need to Impeachment of a witness
propound additional questions is essential before the court's
discretion may rightfully be exercised to grant or deny recall. There
It is a technique employed usually as part of cross-
must be a satisfactory showing of some concrete, substantial
ground for instance, that particularly identified material points
examination to discredit a witness’ testimony by attacking
were not covered in the cross-examination, or that particularly his credibility (Riano, 2013).
described vital documents were not presented to the witness
whose recall is prayed for, or that the cross-examination was Ways of impeaching an adverse party’s witness
conducted in so inept a manner as to result in a virtual absence
thereof. Absent such particulars, to repeat, there would be no 1. By contradictory evidence;
foundation for a trial court to authorize the recall of any witness 2. By evidence that the general reputation for truth,
(People v. Rivera, G.R. No. 98376, August 16, 1991).
honesty or integrity of the witness is bad and
3. By prior inconsistent statements (Sec. 11, Rule 132).
LEADING AND MISLEADING QUESTIONS
NOTE: The other modes of impeaching a witness are:
Leading question 1. By showing improbability or unreasonableness of testimony;
2. By showing bias, prejudice, and hostility;
It is one which suggests to the witness the answer which 3. By prior inconsistent acts or conduct;
the examining party desire. Leading question not allowed. 4. By showing intent and motive;
5. By showing social connections, occupation and manner of
When is leading question allowed living; or
6. By showing interest (Francisco, 1992).
1. On cross-examination;
2. On preliminary matters;
By contradictory By evidence that By prior him by introducing other evidence to prove a state of facts
evidence his general inconsistent contrary to what the witness testifies. Unlike an ordinary
reputation for statements witness, the calling party may impeach an adverse witness
truth, honesty, “laying the in all respects as if he had been called by the adverse party,
or integrity of predicate" except by evidence of his bad character. Under a rule
the witness is permitting the impeachment of an adverse witness,
bad although the calling party does not vouch for the witness’
Refers to the Since the weight Refer to veracity, he is nonetheless bound by his testimony if it is
prior testimony of the witness’ statements, oral not contradicted or remains unrebutted (Gaw v. Chua, G.R.
of the same testimony or documentary No. 160855, April 16, 2008).
witness or other depends on his made by the
HOW THE WITNESS IS IMPEACHED BY EVIDENCE OF
evidence credibility, he witness sought
INCONSISTENT STATEMENTS
presented by may be to be impeached
him in the same impeached by on occasions
Laying the predicate
case, but not the impairing his other than the
testimony of credibility by trial in which he
other witness showing his not is testifying It means that it is the duty of a party trying to impugn the
pleasing testimony of a witness by means of prior or subsequent
reputation but inconsistent statements, whether oral or in writing, to give
only as regards the witness a change to reconcile his conflicting
his reputation declaration.
for truth,
honesty or Elements of laying the predicate
integrity.
1. The alleged statements must be related to the witness
Impeachment of a witness by evidence of particular including the circumstances of the times and places
wrongful acts and the persons present. If the statements are in
writing they must be shown to him
GR: A witness may not be impeached by evidence of 2. He must be asked whether he made such statements
particular wrongful acts. and also to explain them if he admits making those
statements (Riano, 2009).
XPN: If it may be shown by the examination of the witness,
or the record of the judgment, that he has been convicted Procedure in impeaching a witness by evidence of prior
of an offense (Sec. 11, Rule 132). inconsistent statements
Impeachment by a party of his own witness 1. The witness must be confronted with such statements
with the circumstances of the times, places and the
GR: By calling a witness, the party certifies his credibility. persons present in which they were made;
2. The witness must be asked whether he made such
XPN: The witness is an: statements, and if so, allowed to explain them; and
1. Unwilling or adverse witness so declared by the court; 3. If the statement be in writing it must be shown to the
2. Adverse party; or witness before any question is put to him concerning
3. Officer of the adverse party who is a juridical person them (Sec. 13, Rule 132).
(Sec. 12, Rule 132).
Inapplicability of the rule
Proponent may impeach his own witness when:
It is inapplicable if the prior inconsistent statement appears
1. When the witness is the adverse party himself in a deposition of the adverse party, and not a mere
2. When the witness turned hostile. (Proponent must ask witness, that adverse party who testifies may be impeached
the court that he would treat the proponent as hostile) without laying the predicate as such prior statements are in
the nature of admissions of said adverse party (Regalado,
NOTE: In these instances, such witnesses may be impeached by the 2008).
party presenting him in all respects as if he had been called by the
adverse party, except by evidence of his bad character. NOTE: The reasons for such inaplicability are:
1. To avoid unfair surprise to the adversary;
Q: What is meant by impeachment of the adverse party as 2. To save time, as an admission by the witness may make the
a witness? extrinsic proof necessary; and
3. To give the witness, in fairness to him, a chance to explain the
A: That the witness is the adverse party does not discrepancy.
necessarily mean that the calling party will not be bound by
the former’s testimony. The fact remains that it was at his
instance that his adversary was put on the witness stand.
He is not bound only in the sense that he may contradict
Laying the Predicate Laying the Foundation or Basis Do not require proof and Regarded as evidence and
Refers only to Refers to a situation where may be contradicted only must be offered as such,
impeachment of a evidence which is otherwise by showing that it was otherwise the court will
witness through incompetent will be introduced made through palpable not consider it in deciding
prior inconsistent into evidence because it falls mistake or that no such the case.
statements under the rules of exclusion. e.g. admission was made (Sec.
under the best evidence rule, a 4, Rule 129).
party must first prove that a Judicial admissions need Requires formal offer for it
writing was duly executed and not be offered in evidence to be considered
that the original has been lost or since it is not evidence. It
destroyed. Without first laying is superior to evidence and
the foundation, secondary shall be considered by the
evidence will not be admitted by court as established.
the court. Conclusive upon the Rebuttable
admitter
EVIDENCE OF THE GOOD CHARACTER OF A WITNESS Admissible even if self- Not admissible if self-
serving serving
Admissibility of evidence on the good moral character of a Subject to cross- Not subject to cross-
witness examination examination
Evidence of the good character of a witness is not Offer of compromise as admission of liability
admissible except when such character has been
impeached (Sec. 14, Rule 132). CIVIL CASE CRIMINAL CASE
It is NOT an GR: It may be received in evidence as
NOTE: Not every good or bad moral character of the offended admission of an implied admission of his guilt.
party may be proved under this provision but only those which any liability
would establish the probability or improbability of the offense and is NOT XPNs:
charged. admissible 1. In quasi-offenses where there is no
against the criminal intent (negligence) such as
ADMISSIONS AND CONFESSIONS
offeror. reckless imprudence
Admissions v. Confessions
2. In criminal cases allowed by law to be
compromised such as:
Admission Confession
A statement of fact which A statement of fact which a. NIRC (Sec. 7c) – The CIR has the
does not involve an involves an power to compromise minor criminal
acknowledgment of guilt acknowledgment of guilt violations as may be determined by
or liability or liability the Secretary of Finance
May be made by third Can be made only by the
persons and in certain party himself and, in some b. LGC (Sec. 408) – Allowed in minor
cases, are admissible instances, are admissible offenses whose penalties do not
against a party against his co-accused exceed one year
Applies to both criminal Applies only to criminal
and civil cases cases c. RPC (Art. 266-C) – In cases of marital
May be express or implied Always express rape, where subsequent forgiveness
by the wife extinguishes the criminal
NOTE: An admission, in general sense, includes confessions, the action or penalty (Suarez and De la
former being a broader term because, accordingly, a confession is
Banda, Evidence: A Lawyer’s
also an “admission by the accused of the fact charged against him
or of some fact essential to the charge” (4 Wigmore, Sec. 1050). A
Companion, 2006 ed.)
confession is a specific type of admission which refers only to an
acknowledgement of guilt. As used, the term admission refers to NOTE: No compromise is valid in the following cases:
an acknowledgement of facts which, although may be 1. Civil status of persons;
incriminating , falls short of an admission of guilt. 2. Validity of a marriage or legal separation;
3. Any ground for legal separation;
4. Future support;
Judicial admission v. Extrajudicial admission
5. Jurisdiction of courts;
6. Future legitime;
JUDICIAL ADMISSIONS EXTRAJUDICIAL 7. Habeas corpus; and
ADMISSIONS 8. Election cases.
Those made in the course Those made out of court
of the proceeding in the or in a judicial proceeding
same case other than the one under
XPN: The act or omission of one party made out of court GR: Admissions made after a partnership has been
may be used as evidence against another when its dissolved do not fall within the exception because such are
admission is made by: made when the partnership ceased to exist.
1. A partner
2. An agent XPN: Where the admissions are made in connection with
3. A joint owner the winding up of the partnership affairs, said admissions
4. A joint debtor are still admissible as the partner is acting as an agent of his
5. A person jointly interested with the party co-partner in said winding up (Regalado, 2008).
6. A conspirator
7. A privy or successor in interest (Suarez and De la Q: The Republic of the Philippines filed a forfeiture case
Banda, 2006). against the heirs of the late former President Marcos. In
one of her manifestations before the Sandiganbayan,
Q: Francisco was charged with violating PD No. 1612 or Imelda Marcos admitted that she owned 90% of the Swiss
the Anti Fencing Decree. Among the evidence submitted bank deposits and only 10% belongs to the estate of the
A: The individual and separate admissions of each A: No, except in the following cases:
respondent bind all of them pursuant to Sec. 29, Rule 130 1. If made in the presence of the co-conspirator who
of the Rules of Court. The declaration of a party is expressly or impliedly agreed therein;
admissible against a party whenever a “privity of estate” 2. Where the facts in said admission are confirmed in the
exists between the declarant and the party. It generally individual extrajudicial confessions made by the co-
denotes a succession of rights. Without doubt, privity exists conspirator after their apprehension;
among the respondents in this case. Where several co- 3. As a circumstance to determine the credibility of the
parties exists who are jointly interested in the subject witness; or
matter of the controversy, the admission of one is 4. As circumstantial evidence to show the probability of
competent against all (Republic v. Sandiganbayan, 406 the co-conspirator’s participation in the offense.
SCRA 190). (Regalado, 2008)
1. The declaration or act be made or done during the They refer to those who have mutual or successive
existence of the conspiracy; relationship to the same rights of property or subject
2. The declaration or act must relate to the purpose and matter such as personal representatives, heirs, devisees,
object of the conspiracy; and legatees, assigns, voluntary guarantees or judgment
3. The conspiracy must be shown by evidence other than creditors or purchasers from them with notice of the facts.
the declaration or act (evidence aliunde) (Sec. 30, Rule
130). Requisites of an admission by privies
NOTE: This rule applies only to extrajudicial acts or admission and
1. One (successor in interest) derives title to property
not to testimony at trial where the party adversely affected has the
opportunity to cross-examine the witness (People vs. Baharan,
from another (predecessor in interest) through any
January 10, 2011). legal means of transfer
2. A statement, act or declaration is made by the
Q: A was convicted of robbery with homicide. Among the predecessor in interest in relation to the property and
evidence used to convict her was the extrajudicial while holding the title thereof
confession of her co-accused, an alleged co-conspirator, 3. Said statement, act or declaration is evidence against
which confession was made with the assistance of his successor in interest (Sec. 31, Rule 130; Suarez and
counsel. Can such admission be used against A? De la Banda, 2006).
A: No. In order for such admission to be admissible in Q: Del Monte Development Corporation filed a case to be
evidence, there must be independent evidence aside from adjudged owner of a piece of land against Ababa claiming
the extrajudicial confession to prove conspiracy. There that it acquired a lot from Lucero in 1964. As a defense,
being no independent evidence to prove conspiracy, A’s Ababa presented a document executed by Lucero in 1968
culpability was not sufficiently established (People v. Vda. to settle the controversy. Can the document bind Del
De Ramos, 403 SCRA 167). Monte as successor in interest of Lucero?
There is admission by silence when a party does or says The declaration of an accused acknowledging his guilt of
nothing when he hears or observes an act or declaration the offense charged, or of any offense necessarily included
made in his presence when such act or declaration is such therein, may be given in evidence against him (Sec. 33, Rule
as naturally to call for action or comment if not true, and 130).
when proper and possible for him to do so. Such may be
given in evidence against him (Sec. 32, Rule 130). Requisites for the admissibility of a confession
A:
2nd Branch of the res inter alios acta rule Hearsay evidence
GR: Evidence that one did or did not do a certain thing at It signifies all evidence which is not founded upon the
one time is not admissible to prove that he did or did not personal knowledge of the witness from whom it is elicited
do the same or similar thing at another time; (Sec. 34, Rule and which consequently does not depend for its credibility
130). and weight upon the confidence which the court may have
in him. It is information relayed from another person to the
XPNs: Evidence of similar or previous acts may be received witness before it reaches the court (Go v. CA, G.R. No.
to prove the following: 112550, February 5, 2001). It also includes all assertions
1. Specific Intent where, though derived from personal knowledge, the
2. Knowledge adverse party is not given an opportunity to cross-examine.
3. Identity
4. Plan It includes:
5. System 1. Any evidence, whether oral or documentary, is
6. Scheme hearsay if its probative value is not based on the
7. Habit personal knowledge of the witness but on the
8. Custom knowledge of some other person not on the witness
9. Usage and stand (Regalado, 2008).
10. The like (Ibid). 2. It also includes all assertions which have not been
subjected to cross-examination by the adverse party at
Purpose of the rule the trial in which they are being offered against him
(Herrera, 1999).
Evidence of similar acts or occurrences compels the
defendant to meet allegations that are not mentioned in NOTE: The testimony of a witness regarding a statement made by
the complaint, confuses him in his defense, raises a variety another person, if intended to establish the truth of the facts
of relevant issues, and diverts the attention of the court asserted in the statement, is clearly hearsay evidence, it is
otherwise if the purpose of placing the statement in the record is
from the issues immediately before it. Hence, the
merely to establish the fact that the statement was made or the
evidentiary rule guards the practical inconvenience of trying tenor of such statement.
collateral issues and protracting the trial, and prevents
surprise or other mischief prejudicial to litigants (Cruz v. CA, Hearsay Rule
G.R. No. 126713, July 27, 1998).
It states that a witness can testify only to those facts which
It prohibits the admission of the so-called “propensity he knows of based on his personal knowledge or those
evidence” and decrees that evidence that one did or did not which are derived from his own perception (Sec. 36, Rule
do a certain thing at one time is NOT admissible to prove 130).
that he did or did not do the same or a similar thing at
another time. Elements of hearsay evidence
Q: Accused was charged with 2 counts of kidnapping. 1. There must be an out-of-court statement; and
Since the 2 incidents happened almost simultaneously, the 2. The statement made out of court, is repeated and
cases were consolidated and joint trial ensued. In the first offered by the witness in court to prove the truth of
case, accused tied the hands of the 2 victims and pointed the matters asserted by the statement (Riano, 2013).
their guns at them. In the second case, however, it
appears that the 2 victims were not physically threatened NOTE: Newspaper clippings are hearsay and of no evidentiary
or tied. Can evidence in the first case be used in the value at all whether objected to or not, unless offered for a
second to prove that accused had the intent to deprive purpose other than proving the truth of the matter asserted (Feria
the victims of liberty? v. CA, 325 SCRA 525)
A: Yes. The evidence shows the intent of the accused. That Medical certificates cannot be admitted in the absence of the
testimony of the physician who examined the complaint for alleged
the victim’s hands were not tied nor guns poked at their
torture wounds.
sides when they were taken by the accused in the second
case do not conclusively preclude the deprivation of liberty. Affidavits are inadmissible unless the affiants themselves are
The circumstances surrounding the taking of the victims in placed in the witness stand to testify therefrom.
the first case, particularly the previous conduct of accused
in kidnapping them, plainly demonstrates their intent to Statements made through an interpreter
likewise deprive the victims in the other case, of their
liberty (People v. Dadles, 278 SCRA 393). GR: Statements made through an interpreter are
considered hearsay if a witness is offered to testify to the
It is not correct to say that the exceptions to the hearsay rule are Time interval
not hearsay. They are hearsay evidence but they are deemed
admissible by reason of necessity and trustworthiness. GR: The intervening time from the making of a dying
declaration up to the time of death is immaterial in its
Reason for admissibility admissibility, as long as it was made under the
consciousness of death.
They are admissible by reason of relevancy, necessity and
trustworthiness (Estrada vs. Desierto, G.R. No. 146710-15, XPN: If there is retraction made by the declarant before he
April 3, 2001). died or his declaration is ambiguous. However, the interval
of time between the declaration and the death of the
DYING DECLARATION declarant may be taken into account where the declaration
is ambiguous as to whether the declarant believed that his
Dying Declaration death was imminent when he made such declaration.
The declaration of a dying person, made under the Factors in determining whether the declarant is conscious
consciousness of an impending death, may be received in of his impending death
any case wherein his death is the subject of inquiry, as
evidence of the cause and surrounding circumstances of 1. Utterances;
such death (Sec. 37, Rule 130). 2. Actual character and seriousness of his wounds; and
3. By the declarant’s conduct and the circumstances at
These are ante mortem statements made by a person after the time he made the declaration, whether he
the mortal wound has been inflicted under the belief that expected to survive his injury (Regalado, 2008).
the death is certain, stating the fact concerning the cause of
and the circumstances surrounding the attack. Q: Sam was charged with robbery and homicide. Kitchie,
the vcictim, suffered several stab wounds. It appears that
Testimony is about what Testimony is about family NOTE: Marriage, if not proven through an act or declaration about
the declarant has said reputation or tradition pedigree may be proven through common reputation (Trinidad v.
concerning the pedigree of covering matters of CA, G.R. 118904).
the family pedigree
Difference between matters of public interest and matters
of general interest
COMMON REPUTATION
Matters of public interest involve those which are common
Common Reputation
to all citizen of the state or to the entire people while
matters of general interest involve those which are
Common reputation existing previous to the controversy,
common only to a single community or to a considerable
respecting facts of public or general interest more than
number of persons forming part of the community.
thirty years old, or respecting marriage or moral character,
may be given in evidence. Monuments and inscriptions in
PART OF RES GESTAE
public places may be received as evidence of common
reputation (Sec. 41, Rule 130).
Res Gestae
It is the definite opinion of the community in which the fact
Statements made by a person while a starting occurrence is
to be proved is known or exists. It means the general or
taking place or immediately prior or subsequent thereto
substantially undivided reputation, as distinguished from a
with respect to the circumstances thereof, may be given in
partial or qualified one, although it need not be unanimous
evidence as part of res gestae. So, also, statements
(Regalado, 2008).
accompanying an equivocal act material to the issue, and
NOTE: As a general rule, the reputation of a person should be that giving it a legal significance, may be received as part of
existing in the place of his residence; it may also be that existing in the res gestae (Sec. 42, Rule 130).
the place where he is best known (Ibid.). Character is what a man
is, and reputation is what he is supposed to be in what people say It is a Latin phrase which literally means "things done." As
he is (Lim vs. CA, 214 SCRA 273). an exception to the hearsay rule, it refers to those
exclamations and statements by either the participants,
Reasons for admissibility victims, or spectators to a crime immediately before, during
or immediately after the commission of the crime, when
1. Necessity arising from the inherent difficulty of the circumstances are such that the statements were made
obtaining any other evidence than that in the nature as spontaneous reactions or utterances inspired by the
of common reputation; and excitement of the occasion, and there was no opportunity
2. Trustworthiness of the evidence arising from: for the declarant to deliberate and fabricate a false
a. The supposition that the public is conversant with statement (Capila v. People, G.R. No. 146161, July 17,
the subject to be proved because of their general 2006).
interest therein; and
b. The fact that the falsity or error of such evidence Reason for admissibility
could be exposed or corrected by other testimony
since the public are interested in the same The reason for the rule is human experience. It has been
(Francisco, pp. 296-297, 1992 ed.). shown that under certain external circumstances of
physical or mental shock, the state of nervous excitement
Requisites for admissibility of common reputation which occurs in a spectator may produce a spontaneous
and sincere response to the actual sensations and
1. The facts must be of public or general interest and perceptions produced by the external shock.
more than 30 years old;
2. The common reputation must have been ancient, i.e. As the statements or utterances are made under the
30 years old; immediate and uncontrolled domination of the senses,
3. The reputation must have been one formed among a rather than reason and reflection, such statements or
class of persons who were in a position to have some utterances may be taken as expressing the real belief of the
sources of information and to contribute intelligently speaker as to the facts he just observed. The spontaneity of
to the formation of the opinion; and the declaration is such that the declaration itself may be
4. The common reputation must have been existing regarded as the event speaking through the declarant
previous to the controversy. rather than the declarant speaking for himself.
Matters that may be established by common reputation Requisites for the admissibility of res gestae
1. Matters of public and general interest more than 30 1. That the principal act, the res gestae, be a startling
years old; occurrence;
2. Matters respecting marriage or moral character and 2. That the statements were made before the declarant
related facts; and had time to contrive or devise; and
3. Individual moral character.
Entries in the course of business or the Shop-Book Rule GR: Business entries may not be admitted in evidence as an
exception to the hearsay rule when the declarant is alive.
Entries made at, or near the time of transactions to which
they refer, by a person deceased, or unable to testify, who XPN: They may nevertheless be availed of by said entrant
was in a position to know the facts therein stated, may be as a memorandum to refresh his memory while testifying
received as prima facie evidence, if such person made the on the transactions reflected therein.
entries in his professional capacity or in the performance of
duty and in the ordinary or regular course of business or ENTRIES IN OFFICIAL RECORDS
duty (Sec. 43, Rule 130).
Entries in Official Records
Reason for admissibility
Entries in official records made in the performance of his
What a man has actually done and committed to writing duty by a public officer of the Philippines, or by a person in
when under obligation to do the act, it being in the course the performance of a duty specially enjoined by law,
of the business he has undertaken, and he being dead, are prima facie evidence of the facts therein stated (Sec. 44,
there seems to be no danger in submitting to the Rule 130).
consideration of the court.
Official record
NOTE: Reliability is furnished by the fact that regularly kept records
typically have a high degree of accuracy. The law does not fix any The original document that is legally recognized and thus
precise moment when the entries should be made. It is sufficient if ensuring the quality of a fact when it is established. It may
the entry was made within a reasonable period of time so that it be a:
may appear to have taken place while the memory of the facts was 1. Register;
unimpaired.
2. Cash book; or
3. An official return or certificate (Regalado, 2008).
Requisites for the admissibility of entries in the course of
business
Reason for admissibility
1. The person who made the entry must be dead or
unable to testify;
1. Necessity - due to the impossibility of requiring the
2. The entries were made at or near the time of the
official’s attendance as a witness to testify to the
transactions to which they refer;
innumerable transactions occurring in the course of his
3. The entrant was in a position to know the facts stated
duty.
in the entries;
2. Trustworthiness – there is a presumption of regularity
4. The entries were made in his professional capacity or
in the performance of official duty
in the performance of a duty, whether legal,
contractual, moral or religious; and
Requisites for the admissibility of entries in official records
5. The entries were made in the ordinary or regular
course of business or duty (Regalado, 2008)
1. Entries were made by a public officer in the
NOTE: The law does not fix any precise moment when the entries
performance of his duties or by a person in the
should be made as long as the entry was made within a reasonable performance of a duty especially enjoined by law;
period of time so that it may appear to have taken place while the 2. Entrant had personal knowledge of the facts stated by
memory of the facts was unimpaired. him or such facts were acquired by him from reports
made by persons under a legal duty to submit the
Proof of regularity of the entries same; and
3. Such entries were duly entered in a regular manner in
It may be proved by the form in which they appear as the official records (Ibid.).
entries in the books/ledgers. There is no need to present
for testimony the clerk who manually made the entries. The Entries in official record v. Entries in the course of business
person who supervised such clerk is competent to testify
that: Entries in Official Record Entries in the Course of
1. The account was prepared under his supervision; and Business
2. That the entries were regularly entered in the ordinary The entrant, if a private It is sufficient that the
course of business (Regalado, 2008) individual, must have acted entrant made the entries
pursuant to a specific legal pursuant to a duty be it
NOTE: Baptismal certificates are admissible as entries in the duty specially enjoined by legal, contractual, moral or
ordinary course of business, even absent the testimony of the law. religious.
officiating priest or official recorder because it is one of its Entrant need not be dead Entrant must be dead or
transactions in the exercise of ecclesiastical duties and recorded in
or unable to testify unable to testify.
the book of the Church during the course of its business (Heirs of
Conti vs. Court of Appeals, G.R. No. 118464. December 21, 1998.) Need not be authenticated Needs authentication
Exception to the best Best Evidence Rule applies the truth of a matter stated therein if the court takes
evidence rule judicial notice, or a witness expert in the subject testifies,
(irremovability of public that the writer of the statement in the treatise, periodical
records) or pamphlet is recognized in his profession or calling as
expert in the subject (Sec. 46, Rule 130).
Q: Should entries in the police blotter be given probative
value? Reason for admissibility
A: No, as they are not conclusive evidence of the truth of The learned writers have no motive to misrepresent due to
the contents but merely of the fact that they were recorded the awareness that his work will be carefully scrutinized by
(People v. Cabrera, Jr., G.R. No. 138266, April 30, 2003). the learned members of the profession and that he shall be
subject to criticisms and be ultimately rejected as an
COMMERCIAL LISTS AND THE LIKE authority on the subject matter if his conclusions are found
to be invalid.
Commercial lists and the like
Requisites for the admissibility of learned treatises
Evidence of statements of matters of interest to persons
engaged in an occupation contained in a list, register, 1. When the court can take judicial notice of them; or
periodical, or other published compilation is admissible as 2. When an expert witness testifies that the author of
tending to prove the truth of any relevant matter so stated such is recognized as expert in that profession (Sec. 46,
if that compilation is published for use by persons engaged Rule 130).
in that occupation and is generally used and relied upon by
them therein (Sec. 45, Rule 130). Examples of learned treatises
Learned treatises
NOTE: Opinion testimony involving questions of law or the The probative force of the testimony of an expert does not lie in a
ultimate fact in issue is not admissible. mere statement of his theory or opinion, but rather in the aid that
he can render to the courts in showing the facts which serve as a
basis for his criterion and the reasons upon which the logic of his
Hearsay evidence v. Opinion evidence (2004 Bar Question)
conclusion is founded (Dizon v. Tuazon, G.R. No. 172167, July 9,
2008).
Hearsay Evidence Opinion Evidence
Consists of testimony that Expert evidence based on Expert evidence
is not based on personal the personal knowledge,
knowledge of the person skill, experience or training It is the testimony of a person (expert witness) possessing
testifying of the person testifying knowledge not usually acquired by other persons in a
and evidence of an particular subject matter.
ordinary witness on
limited matters. NOTE: It is admissible when the matter to be established requires
expertise and the witness have been qualified as an expert.
OPINION OF EXPERT WITNESS
Test in determining the need to resort to expert evidence
Opinion of expert witness
Whether the opinion called for will aid the court in
The opinion of a witness on a matter requiring special resolving an issue.
knowledge, skill, experience or training which he shown to
possess may be received in evidence (Sec. 49, Rule 130). Q: In a case where the issue involves forgery, two expert
witness were presented by the plaintiff, the NBI official
and a handwriting expert from the PNP. The NBI official
The provisions of the Rules of Court on deposition, PRESUMPTION OF COMPETENCY OF A CHILD WITNESS
conditional examination of witnesses, and evidence shall be
applied in a suppletory character (Sec. 32). Presumption of Competency of a child witness
Persons allowed at a competency examination He is a person appointed by the court to pose questions to
a child [Sec. 4(c)].
Only the following are allowed at a competency
examination: Support person
1. The judge and necessary court personnel;
2. The counsel for the parties; He is a person chosen by the child to accompany him to
3. The guardian ad litem, if any; testify at or attend a judicial proceeding or deposition to
4. One or more support persons for the child; and provide emotional support for him [Sec. 4(f)].
5. The defendant, unless the court determines that Corroboration of testimony of child witness NOT required
competence can be fully evaluated in his absence [Sec.
6(c)]. Corroboration shall not be required for the testimony of a
child. His testimony, if credible by itself, shall be sufficient
NOTE: Such competency examination shall be conducted only by to support a finding of fact, conclusion, or judgment subject
the judge but the counsel for the parties can submit questions to to the standard of proof required in criminal and non-
the judge that he may, in his discretion, ask the child [Sec. 6(d)]. criminal cases (Sec. 22).
Questions to be asked to the child during competency Q: Budoy was charged with rape of his 10 year old
examination stepdaughter, Angie, to which he pleaded not guilty. For
the prosecution, it presented as witnesses the victim and
The questions to be asked are: a Medico Legal Certificate issued by Dr. Luna, the results
1. Appropriate to the age and developmental level of the of which showed that the victim suffered hymenal
child; laceration. For the defense, he vehemently denied the
2. Not related to the issues at trial; and charges and presented an alibi. RTC, affirmed with
3. Shall focus on the ability of the child to remember, modification by the CA convicted the accused. Should the
communicate, distinguish between truth and testimony of the child be given full weight and credit?
falsehood, and appreciate the duty to testify truthfully
[Sec. 6(e)]. A: Testimonies of child victims are given full weight and
credit, for when a woman or a girl-child says that she has
Developmental level been raped; she says in effect all that is necessary to show
that rape was indeed committed. Youth and immaturity are
It refers to the specific growth phase in which most generally badges of truth and sincerity (People v. Sobusa,
individuals are expected to behave and function in relation G.R. No. 181083, January 21, 2010).
to the advancement of their physical, socio-emotional,
cognitive, and moral abilities [Sec. 4(h)]. Exclusion of public from the courtroom
Duty of the court regarding the competency of the child When a child testifies, the court may order the exclusion
from the courtroom of all persons, including members of
It has the duty of continuously assessing the competence of the press, who do not have a direct interest in the case.
the child throughout his testimony [Sec. 6(f)]. Such an order may be made to protect the right to privacy
of the child or if the court determines on the record that
Factors to be considered by the court in determining the requiring the child to testify in open court would cause
competency of a child witness psychological harm to him, hinder the ascertainment of
truth, or result in his inability to effectively communicate
The court must consider his capacity: due to embarrassment, fear, or timidity.
Q: When may the court order that the testimony of the A statement made by a child describing any act or
child be taken by live-link television? Explain. (2005 Bar attempted act of child abuse, not otherwise admissible
Question) under the hearsay rule, may be admitted in evidence in any
criminal or non-criminal proceeding subject to the following
A: The court may order that the testimony of the child be rules:
taken by live-link television if there is a substantial
likelihood that the child would suffer trauma from testifying 1. Before such hearsay statement maybe admitted, its
in the presence of the accused, his counsel or the proponent shall make known to the adverse party the
prosecutor as the case may be. The trauma must be of a intention to offer such statement and its particulars to
kind which would impair the completeness or truthfulness provide him a fair opportunity to object.
of the testimony of the child (Sec. 25). a. If the child is available, the court shall, upon
motion of the adverse party, require the child to
VIDEOTAPED DEPOSITION OF A CHILD WITNESS be present at the presentation of the hearsay
statement for cross-examination by the adverse
Video-taped deposition of a child witness party.
b. When the child is unavailable, the fact of such
If the court finds that the child will not be able to testify in circumstance must be proved by the proponent
open court at trial, it shall issue an order that the [Sec. 289(a)].
deposition of the child be taken and preserved by
videotape [Sec. 27(b)]. NOTE: When the child witness is unavailable, his hearsay
testimony shall be admitted only if corroborated by other
NOTE: The rights of the accused during trial, especially the right to admissible evidence [Sec. 28(d)].
counsel and to confront and cross-examine the child, shall not be
violated during the deposition [Sec. 27(d)]. After the original 2. In ruling on the admissibility of such hearsay
videotaping but before or during trial, any party may file any statement, the court shall consider the time, content
motion for additional videotaping on the ground of newly
and circumstances thereof, based on various factors
discovered evidence. The court may order an additional
videotaped deposition to receive the newly discovered evidence.
provided by the law, which provide sufficient indicia of
[Sec. 27(j)]. reliability [Sec. 28(b)].
Persons allowed to preside and be present in the video- SEXUAL ABUSE SHIELD RULE
taped deposition
GR: It states that the following evidence is not admissible in
The judge shall preside at the videotaped deposition of a any criminal proceeding involving alleged child sexual
child. Objections to deposition testimony or evidence, or abuse:
parts thereof, and the grounds for the objection shall be 1. Evidence offered to prove that the alleged victim
stated and shall be ruled upon at the time of the taking of engaged in other sexual behavior; and
the deposition. The other persons who may be permitted to 2. Evidence offered to prove the sexual predisposition of
be present at the proceeding are: the alleged victim [Sec. 30(a)].
1. The prosecutor;
2. The defense counsel; XPN: Evidence of specific instances of sexual behavior by
3. The guardian ad litem; the alleged victim to prove that a person other than the
4. The accused, subject to sub-section (e); accused was the source of semen, injury, or other physical
evidence shall be admissible [Sec. 30(b)].
NOTE: Sub-section (e) provides that if the order of the court
is based on the evidence that the child is unable to testify, the NOTE: Testimonies of child-victims are given full weight and credit.
physical presence of the accused, the court may direct the When a child or woman says that she was raped, she says in effect
latter to be excluded from the room in which the deposition all that is necessary to show that the rape was indeed committed
is conducted. (People of the Philippines vs. Pulanco, G.R. No. 141186; November
27, 2003).
5. Other persons whose presence is determined by the
court to be necessary to the welfare and well-being of PROTECTIVE ORDERS
the child;
6. One or both of his support persons, the facilitator and Other measures provided under the rule for the
interpreter, if any; protection of the privacy and safety of a child witness
7. The court stenographer; and
8. Persons necessary to operate the videotape 1. Confidentiality of records – Any record regarding a
equipment [Sec. 27(c)]. child shall be confidential and kept under seal. The
records may be released only to the following upon
written request and order of the court:
a. Members of the court staff for administrative use;
b. The prosecuting attorney;
OBJECTION
Purposes of objections
Testimonial Evidence Documentary and GR: When it becomes reasonably apparent in the course of
Object Evidence the examination that the questions asked are of the same
1st: When the offer was made; When the document class as those to which objection has been made (whether
2nd: When an objectionable is offered in sustained or overruled), it shall not be necessary to repeat
question is asked of the witness. evidence. the objection, it being sufficient for the adverse party to
record his continuing objection to such class of questions
NOTE: As a rule, failure to specify the grounds for the objection is (Sec. 37, Rule 132).
in effect a waiver of the objection, except where the evidence
could not have been legally admitted for any purpose whatsoever.
XPNs:
1. Where the question has not been answered, it is
Contemporaneous Objection Rule
necessary to repeat the objection when the evidence
is again offered or the question is again asked;
It requires that a specific and timely objection be made to 2. Incompetency is shown later;
the admission of evidence. Objections to the admission of 3. Where objection refers to preliminary question,
evidence must be made seasonably, at the time it is objection must be repeated when the same question is
introduced or offered, otherwise they are deemed waived, again asked during the introduction of actual evidence;
and will not be entertained for the first time on appeal
4. Objection to evidence was sustained but reoffered at a
(People vs. Banares, 145 SCRA 680). later stage of the trial;
5. Evidence is admitted on condition that its competency
Q: What is the difference between a "broadside" objec- or relevance be shown by further evidence and the
tion and a specific objection to the admission of condition is not fulfilled, the objection formerly
documentary evidence? (1994 Bar Question) interposed must be repeated or a motion to strike out
the evidence must be made; and
A: A broadside objection is a general objection such as
6. Where the court reserves the ruling on objection, the
incompetent, irrelevant and immaterial and does not
objecting party must request a ruling or repeat the
specify any ground; while a specific objection is limited to a
objection.
particular ground.
RULING
Q: What are the two kinds of objections
It must be given immediately after the objection is made,
A:
unless the court desires to take a reasonable time to inform
1. Irrelevant – The evidence being presented is not itself on the question presented; but the ruling shall always
relevant to the issue (e.g. when the prosecution offers be made during the trial and at such time as will give the
as evidence the alleged offer of an insurance company party against whom it is made an opportunity to meet the
to pay for the damages suffered by the victim in a situation presented by the ruling (Sec. 38, Rule 132).
homicide case); and
2. Incompetent – The evidence is excluded by law or rules STRIKING OUT OF AN ANSWER
(Sec. 3, Rule 138) (e.g. evidence obtained in violation
of the Constitutional prohibition against unreasonable Modes of excluding inadmissible evidence
searches and seizures).
1. Objection – when the evidence is offered.
Alternative Answers:
1. Specific objections – e.g. Parol evidence and best NOTE: Objections may be waived because the right to object
evidence rule. is merely a privilege which the party may waive (People v.
2. General objections – e.g. Continuing objections (Sec. Martin, G.R. No. 172069, Jan. 30, 2008). However, such
37). waiver only extends to the admissibility of the evidence. It
a. objection to a question propounded in the course does not involve an admission that the evidence possesses
of the oral examination of the witness; and the weight attributed to it by the offering party (Riano, 2013).
b. objection to an offer of evidence in writing
2. Motion to strike out or expunge:
NOTE: Objections to admissibility of evidence cannot be raised for a. When the witness answers prematurely before
the first time on appeal. When a party desires the court to reject there is reasonable opportunity for the adverse
the evidence offered he must so state in the form of objection. party to object, and such objection is found to be
Without objection he cannot raise the question for the first time on meritorious;
appeal (People vs. Salak, March 14, 2011). b. When the answers are incompetent, irrelevant, or
improper (Sec. 39, Rule 132);
c. When the witness becomes unavailable for cross-
examination through no fault of the cross-
examining party;
Q: May a direct testimony given and allowed without a 1. Before the court has ruled on the objection, in which
prior formal offer be expunged from the record? case its function is to persuade the court to overrule
the objection or deny the privilege invoked;
A: No. When such testimony is allowed without any 2. After the court has sustained the objection, in which
objection from the adverse party, the latter is estopped case its function is to preserve for the appeal the
from questioning the non-compliance with the evidence excluded by the privilege invoked;
requirement. 3. Where the offer of proof includes the introduction of
documents, or any of the physical evidence, the same
TENDER OF EXCLUDED EVIDENCE should be marked for identification so that they may
become part of the record (Herrera, 1996).
Tender of excluded evidence or offer of proof
When offer of proof is NOT required
When an attorney is not allowed by the court to present
testimony which he thinks is competent, material and 1. When the question to which an objection has been
necessary to prove his case, he must make an offer of sustained clearly reveals on its face the substance,
proof. This is the method properly preserving the record to purpose and relevancy of the excluded evidence;
the end that the question may be saved for purposes of 2. When the substance, purpose and relevancy of the
review (Caraig, 2004). excluded evidence were made known to the court
either in the court proceedings and such parts appear
NOTE: This rule is in preparation in the filing of an appeal. on record;
Moreover, the rule is that the offeror must preserve such excluded 3. Where evidence is inadmissible when offered and
evidence on his record and stating the purpose of such excluded, but thereafter becomes admissible, it must
preservation, i.e. knowing that it is relevant and must be admitted. be re-offered, unless the court indicates that a second
offer would be useless (Herrera, 1996).
Purposes of tender of excluded evidence
English Exchequer Rule v. Harmless Error Rule
1. To allow the court to know the nature of the
testimony or the documentary evidence and convince English Exchequer Rule Harmless Error Rule
the trial judge to permit the evidence or testimony; It provides that a trial The apellate court will
and court's error as to the disregard an error
2. To create and preserve a record for appeal, should the admission of evidence was committed by the trial
judge be not persuaded to reverse his earlier ruling presumed to have caused court in the admission of
(Riano, 2013). prejudice and therefore, evidence unless in its
almost automatically opinion, some
Offer of proof v. Offer of evidence required new trial. substantial wrong or
miscarriage of justice has
Offer of Proof/Tender of been occasioned.
Offer of Evidence
Excluded Evidence
Only resorted to if Refers to testimonial, NOTE: We follow the harmless error rule, for in dealing with
admission is refused by documentary or object evidence improperly admitted in the trial, courts examine its
the court for purposes of evidence that are damaging quality and its impact to the substantive rights of the
review on appeal presented or offered in litigant. If the impact is slight and insignificant, appellate courts
disregard the error as it will not overcome the weight of the
court by a party so that
properly admitted evidence against the prejudiced part (People v.
the court can consider his Teehankee Jr. G.R. Nos. 111206-08, October 6, 1995).
evidence when it comes to
the preparation of the
decision
NOTE: A presumption shifts the burden of going forward with the Conclusive Presumptions
evidence. It imposes on the party against whom it is directed the
burden of going forward with evidence to meet or rebut the They are those which are irrebuttable upon the
presumption (Bautista, 2004, citing Mueller and Kirkpatrick, §3.4.). presentation of the evidence and any evidence tending to
rebut the presumption is not admissible. This presumption
Presumption v. Inference is in reality a rule of substantive law (Riano, 2009).
13. Official duty has been regularly performed. 23. Presumption of Death
a. Absence of 7 years – It being unknown whether or
NOTE: All things are presumed to have been done regularly not, the absentee still lives, he shall be presumed
and with due formality until the contrary is proved (Omnia dead for all purposes, except for those of
praesumuntur rite et solemniter esse acta donec probetur in succession
contrarium).This presumption extends to persons who have b. Absence of 10 years – The absentee shall be
been appointed pursuant to a local or special statute to act in considered dead for the purpose of opening his
quasi-public or quasi-official capacities and to professionals
succession only after an absence of 10 years.; and
like lawyers and surgeons.
if he disappeared after the age of 75, absence of
GR: Presumption applies to both civil as well as only 5 years is sufficient.
criminal cases. c. The following shall be considered dead for all
purposes including the division of estate among
XPNs: the heirs:
a. Petition for writ of amparo – presumption may i. Person on board a vessel lost during a sea
not be invoked by the respondent public officer voyage, or an aircraft which is missing, who
or employee (Rule on the Writ of Amparo, A.M. has not been heard of for 4 years since the
No. 17-9-12-SC); loss of the vessel or aircraft;
ii. Member of the armed forces who has taken
part in armed hostilities, and has been
Presumptions of paternity:
1. A child born before 180 days after the subsequent marriage is conceived during the former marriage, provided it is born
within 300 days after the termination of the former marriage.
2. A child born after 180 days following the subsequent marriage is considered to have been conceived during the subsequent
marriage, even though it be born within the 300 days after the termination of the former marriage.
no presumption of
legitimacy or illigitimacy
conceived during the
subsequent marriage
conceived during the
former marriage
termination of subsequent marriage 180 days after the 300 days after termination of 1st
1st marriage subsequent marriage marriage
NOTE: There is no presumption of legitimacy or illegitimacy when a child is born after 300 days following dissolution of marriage or the separation
of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove his allegation (Sec. 4, rule 131).
LIBERAL CONSTRUCTION OF THE RULES OF EVIDENCE A: A prima facie case need not be countered by a
preponderance of evidence nor by evidence of greater
The rules of evidence must be liberally construed (Sec. 6, weight. Defendant's evidence which equalizes the weight of
Rule 1). The Rules of Procedure are mere tools intended to plaintiff's evidence or puts the case in equipoise is
facilitate rather than to frustrate the attainment of justice. sufficient. As a result, plaintiff will have to go forward with
A strict and rigid application of the rules must always be the proof. Should it happen that at the trial the weight of
avoided if it would subvert their primary objective of evidence is equally balanced or at equilibrium and
enhancing substantial justice (Alcantara vs. PCIB, G.R. No. presumptions operate against plaintiff who has burden of
151349, October 20, 2010). Procedural rules must be proof, he cannot prevail (People v. Santiago, G. R. Nos.
liberally interpreted and applied so as not to frustrate 137542-43, January 20, 2004)
substantial justice (Quiambao vs. Court of Appeals, 454
SCRA 17, March 28, 2005). However, to justify relaxation of Guidelines in the assessment of credibility of a witness
the rules, a satisfactory explanation and a subsequent
fulfillment of the requirements have always been required 1. A witness who testified in clear, positive and
(Barcenas vs Tomas, 454 SCRA 593, March 31, 2005). convincing manner and remained consistent in cross-
examination is a credible witness (People v. Comanda,
QUANTUM OF EVIDENCE (WEIGHT AND SUFFICIENCY OF G.R. No. 175880, July 6, 2007); and
EVIDENCE) (RULE 133) 2. Findings of fact and assessment of credibility of a
witness are matters best left to the trial court that had
Weight of evidence the front-line opportunity to personally evaluate the
demeanor, conduct, and behavior of the witness while
It is the probative value given by the court to particular testifying (Sps. Paragas v. Heirs of Balacano, G.R. No.
evidence admitted to prove a fact in issue. 168220, August 31, 2005).
Hierarchy of quantum of evidence Q: May the trial court’s findings as to the credibility of
witnesses be disturbed on appeal?
Sufficiency of evidence
1. Proof of the occurrence of a certain event; and A: No. It is considered merely as evidentiary or in the
2. A person’s criminal responsibility for the act (People v. nature of procedural rule. It is simply in the process of such
Corpuz, G.R. No. 148919, December 17, 2002). proof, permitting the plaintiff to present enough of the
attending circumstances to invoke the doctrine, creating an
NOTE: The identity of the accused is not a necessary element of
inference or presumption of negligence and thereby place
the corpus delicti.
on the defendant the burden of going forward with the
proof to the contrary (Ramos, et. al. v. CA, G.R. No. 124354,
Q: Is a plea of guilty in open court sufficient without proof
December 29, 1999).
of corpus delicti?
PROOF BEYOND REASONABLE DOUBT
A: Yes. A plea of guilty at the arraignment in open court,
which is a confession of guilt by the defendant, is sufficient
Proof beyond reasonable doubt
to support a conviction without necessity of proof aliunde
of corpus delicti. In contrast, an extrajudicial confession
It is that state of the case which, after the entire
made by defendant does not warrant a conviction unless
comparison and consideration of all the evidence leaves the
corroborated by independent evidence of corpus delicti
mind of the judge in that condition that he cannot say that
(Francisco, 1996).
he feels an abiding conviction to a moral certainty of the
truth of the charge (People v. Calma, G.R. No. 127126,
Q: Jose Mariposa was charged with violation of Sec. 4, Art.
September 17, 1998).
2 of the Dangerous Drugs Act of 1972. He was
apprehended thru a buy-bust operation. During trial the
Proof beyond reasonable doubt does not mean such a
prosecution failed to produce the marijuana sticks that
degree of proof as, excluding possibility of error, produces
Mariposa sold during the entrapment operation. Is there a
absolute certainty. Moral certainty only is required, or that
need to produce the marijuana sticks in order to convict
degree of proof which produces conviction in an
the accused?
unprejudiced mind (Sec. 2, Rule 133).
A: Yes. The elements necessary for a charge of illegal sale of NOTE: Moral certainty is that degree of certainty which will justify
marijuana are: (1) the identity of the buyer and the seller, the trial judge in grounding on it his verdict. It is a certainty that
the object, and consideration; and (2) the delivery of the convinces and directs the understanding and satisfies the reason
thing sold and the payment therefore. It is indispensable and judgment of those who are bound to act conscientiously upon
it.
SUBSTANTIAL EVIDENCE
Q: Must the identity of the accused be proved beyond
reasonable doubt? That amount of relevant evidence which a reasonable mind
might accept as adequate to justify a conclusion (Sec. 5,
A: Yes. When the identity of the accused is not established Rule 133).
beyond reasonable doubt, acquittal necessarily follows.
Conviction for a crime rests on the strength of the CLEAR AND CONVINCING EVIDENCE
prosecution’s evidence, never on the weakness of that of
the defense (People vs. Jalon, G.R. No. 93729, November Clear and convincing evidence
13, 1992).
It is that degree of evidence that produces in the mind of
NOTE: In every criminal prosecution, the prosecution must prove the trier of fact a firm belief or conviction as to allegations
two things:
sought to be established; It is intermediate, being more
1. The commission of the crime; and
than preponderance, but not to the extent of such certainty
2. The identification of the accused as the perpetrator of the
crime. What is needed is positive identification made with as is required beyond reasonable doubt as in criminal cases
moral certainty as to the person of the offender (People v. (Black’s Law Dictionary, 2004).
Maguing, G.R. No. 144090, June 26, 2003).
XPN: Under Art. 1387, NCC, certain alienations of property
PREPONDERANCE OF EVIDENCE are presumed fraudulent.
It is the weight, credit, and value of the aggregate evidence 1. When proving forgery (Citibank, N.A. v. Sabeniano, G.R.
on either side and is usually considered to be synonymous No. 156132, February 6, 2007);
with the term “greater weight of the evidence” or “greater 2. When proving ownership over a land in annulment or
weight of the credible evidence”. It is a phrase which, in the reconveyance of title (Manotok Realty, Inc. v. CLT Realty
last analysis, means probability of the truth, evidence which Development Corp., G.R. No. 123346, December 14,
is more convincing to the court as worthy of belief than 2007);
that which is offered in opposition thereto (Philippine 3. When invoking self-defense, the onus is on the accused-
Commercial International Bank vs. Balmaceda, 658 SCRA appellant to establish by clear and convincing evidence
33). his justification for the killing (People v. Tomolin, G.R.
No. 126650, July 28, 1999);
NOTE: However, even if the evidence adduced by the plaintiff 4. When proving the allegation of frame-up and extortion
appears to be stronger than that presented by the defendant, a by police officers in most dangerous drug cases (People
judgment cannot be entered in the plaintiff’s favor if his evidence v. Boco, G.R. No. 129676, June 23, 1999);
still does not suffice to sustain his cause of action (Ibid.). 5. When proving physical impossibility for the accused to
be at the crime scene when using alibi as a defense
Q: What are the matters that the court may consider in
(People v. Cacayan, G.R. No.180499, July 9, 2008);
determining whether or not there is preponderance of
6. When using denial as a defense like in prosecution for
evidence?
violation of the Dangerous Drugs Act (People v.
Mustapa, G.R. No. 141244, February 19, 2001);
A:
7. To overcome the presumption of due execution of
1. All the facts and circumstances of the case;
notarized instruments (Viaje v. Pamintel, G.R. No.
2. The witnesses' manner of testifying, their intelligence, 147792, January 23, 2006);
their means and opportunity of knowing the facts to 8. When proving bad faith to warrant an award of moral
which they are testifying, the nature of the facts to damages (Resolution of the SC in Cual v. Leonis
which they testify, the probability or improbability of Navigation, G.R. No. 167775, October 10, 2005);
their testimony; 9. When proving that the police officers did not properly
3. The witnesses’ interest or want of interest, and also perform their duty or that they were inspired by an
their personal credibility so far as the same may improper motive (People v. Concepcion, G.R. No.
legitimately appear upon the trial; and 178876, June 27, 2008); or
4. The number of witnesses, though the preponderance
is not necessarily with the greater number (Sec. 1, Rule When a person seeks confirmation of an imperfect or
133). incomplete title to a piece of land on the basis of
possession by himself and his predecessors-in-interest, he
NOTE: To persuade by the preponderance of evidence is not to must prove with clear and convincing evidence compliance
take the evidence quantitatively but qualitatively (Riano, 2013).
with the requirements of the applicable law (Republic v.
Imperial Credit Corp., G.R. No. 173088, June 25, 2008;
Riano, 2009).