Remedial Law Review class lecture by Atty Ferdinand Tan

RULES ON EVIDENCE

Notes by: Paul Lemuel E Chavez

EVIDENCE NOTESEvidence

R128 S1

Evidence is the means sanctioned by the rules of ascertaining in a judicial proceeding the truth respecting a matter of fact.NOTE: Rules on evidence applies only to JUDICIAL PROCEEDINGSFactum probans

Factum ProbandumFactum ProbandumFactum Probans

Ultimate fact sought to be established; refers to propositionMaterial evidencing the proposition; evidentiary fact by which the factum probandum is established

Ultimate factsIntermediate facts

Proposition to be establishedMaterial evidencing the proposition

hypotheticalExistent

ProofEvidence

End result; probative effect of evidenceMeans, sanctioned by the Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact

Probative effect of evidence and is the conviction or persuasion of the mind resulting from the consideration of the evidence

The end product; effect of evidence

There is proof only because of evidenceMedium or the means by which a fact is proved or disproved

Rules of evidence does not apply to:1. CLINE (Rule 1) + quasi judicial and quasi administrative bodies

2. Cases covered by Revised Rules on Summary Procedure (except in ejectment cases)

3. Summ Pro Criminal cases where witnesses submit affidavits and counter affidavits, subject only to cross examination, re direct, re cross, recall

Exception to CLINE + administrative, quasi judicial bodies

By analogy, in a suppletory character, and whenever practicable and convenient (Rule 1)

Exception to exception:Electronic Evidence Rule

Applies to all proceedings, judicial or quasi judicial, administrative, etc

In what instances can Factual Issues be resolved without the need for evidence?

1. Judgment on the pleadings (Rule 34)

2. Pre Trial Conference

3. Admissions as far as pleadings are concerned

4. Judicial admissions during proceedings

Sources of Evidence:1. Rules 128-134 of the Rules of Court

2. 1987 Constitution

3. SC Resolutions

4. AM 00-04-07-SC, Examination of Child Witness Rule

5. SC decisions

6. Rules on Electronic Evidence

7. Rules on DNA Evidence

8. RA4200 (Anti Wiretapping Act)

9. New Civil Code

10. Revised Penal Code

Constitutional Basis of Rules on Evidence

A3 S2

The right of the people to be secure in their persons, houses, papers, effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination of the oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons to be seized

(any evidence obtained in violation of this Rule shall be inadmissible/incompetent evidence)

A3 S3

1. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

NOTE: R128 S3, which states that evidence is admissible when it is relevant to the issue and IS NOT EXCLUDED BY THE LAW OR THESE RULES

What law(s)?1. 1987 Constitution

2. RA4200 (anti wiretapping act) .. when it is relevant to the issue and Refers to RELEVANCY OF EVIDENCE

IS NOT EXCLUDED BY THE LAW OR THESE RULES Refers to COMPETENCY OF EVIDENCE

A3 S12 (Right to custodial investigation, Extrajudicial Confession, relate to R130 S33)

1. Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited

3. Any confession or admission obtained in violation of this or S17 hereof shall be inadmissible in evidence against him

4. The law shall provide for penal and civil sanctions for violations of this section as well as compensation and rehabilitation for victims of torture or similar practice and their families

A3 S14

1. No person shall be held to answer for a criminal offense without due process of law

2. In all criminal prosecutions, accused shall be presumed innocent until contrary is proved (basis of R133 S2).

He shall also enjoy the right to:

a. Be heard by himself and counsel

b. To be informed of the nature and cause of accusation against him

c. To have a speedy, impartial, public trial

d. To meet the witnesses face to face

e. To have compulsory process to secure attendance of witnesses and production of evidence in his behalf

However, after arraignment, trial may proceed notwithstanding the absence of accused provided that he has been duly notified and failure to appear is unjustifiable.

A3 S17 (relate to R132 S3 (4), R128 S2, R133 S3- relevant evidence )

No person shall be compelled to be a witness against himself

NOTE however that the right (of accused and any witness) against self incrimination is only applicable to TESTIMONIAL EVIDENCEKinds of Evidence:1. OBJECT EVIDENCE

Evidence addressed to the senses of the court, through the judge (R130 S1)

Court is the office, judge is the person who can perceive using the 5 senses

2. DOCUMENTARY EVIDENCE

Evidence consisting of writings or any material containing letters, words, figures, numbers, symbols, other modes of written expressions offered as proof of their contents (130 S2)3. TESTIMONIAL EVIDENCE

Evidence made during the trial when the witness is presented in the witness stand

4. RELEVANT EVIDENCE

Evidence related to the fact in issue; having value in reason as tending to prove any matter provable in an action

5. MATERIAL EVIDENCE

Evidence directed to prove a fact in issue as determined by the rules of sunbstantive law and pleadings

6. COMPETENT EVIDENCE

Evidence not excluded by law or these Rules

7. CUMULATIVE EVIDENCE

Additional evidence of the same kind and character bearing on the same point

Same claims tending to prove single proposition

8. CORROBORATIVE EVIDENCE

Additional evidence of a different kind and character from that already given, tending to prove the same point

9. POSITIVE EVIDENCE

Evidence showing that an event transpired; affirmation of a witness that a fact did or did not occur

10. NEGATIVE EVIDENCE

Evidence not showing that event transpired; when witness states that he did not see or know of the occurrence of a fact, and with total disclaimer of personal knowledge

11. PREPONDERANCE OF EVIDENCE

Evidence which is of greater weight or more convincing than that which is offered in opposition to it

In civil cases

12. SUBSTANTIAL EVIDENCE

Amount of evidence which a reasonable mind might accept as adequate to justify a conclusion13. PROOF BEYOND REASONABLE DOUBT

Moral certainty of commission of crime, producing conviction in an unprejudiced mind

What kind of evidence is an AFFIDAVIT?

It depends.

If what is subject is its existence or non existence, then it is object evidence. If what is subject is the contents of an affidavit, then it is documentary evidence. But if the contents of the affidavit are testified to, then it is testimonial evidence.

Admissibility Competency

The evidence must be relevant and not excluded by law or the Rules (competent)The evidence must not be excluded by law or these Rules

Human Security Act Applies same rule on admissibility except in cases of terrorists, unlawful organizations, upon lawful order of the court

When to object to admissibility of evidence?

It depends

Testimonial Evidence

When witness presented on witness stand

Documentary Evidence

Formal offer

Object Evidence

Examined by court, formal offer made

Kinds of Admissibility:

1. CONDITIONAL

Evidence presented is irrelevant to the fact in issue on the condition that the proponent will establish its relevancy2. MULTIPLE When evidence is relevant and competent for 2 or more purposes, then admissible if it satisfies all requirements prescribed by law for its admissibility for the purpose it is presented, even if it does not satisfy other requisites for admissibility for other purposes

3. CURATIVE

Where improper evidence was admitted over the objection of opposing party, he should be permitted to contradict it with another improper evidence, or else, it would result in disparity of rulings to his prejudiceDistinguish: Relevancy from Competency (1992 Bar)

RelevancyCompetency

Evidence must have such a relation to the fact in issue as to induce belief in its existence or non existenceEvidence is not excluded by law or these Rules

Evidence on collateral MattersR128 S4

Evidence must have such a relation to the fact in issue as to induce belief in its existence or non existence

Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish probability or improbability of the fact in issue.

Rule 129

WHAT NEED NOT BE PROVED

Aka, no need for evidence

JUDICIAL NOTICE

What is known to the court need not be proven (note: 1980, 2004 Bar)

What are matters which are of mandatory judicial notice?

R129 S1

1. Existence and territorial extent of states

2. Their political history

3. Forms of government and symbols of nationality

4. Law of nations

5. Admiralty and maritime courts of the world and their seals

6. Political constitution and history of the Phils

7. Official acts of legislative, executive, judicial depts. Of Phils

8. Laws of nature

9. Measure of time

10. Geographical divisions

Differentiate Legislative Function from Adjudicative Function:

Discretionary Judicial Notice

129 2

Matters which are of:

1. Public knowledge

2. Are capable of unquestionable demonstration

3. Ought to be known to judges because of their judicial functionsLaws of Municipal or City Ordinances

RTC or MTC must know

Or else, ignorantia legis non excusat against them

How about municipal ordinances?

General Rule: MTC must know

Exception: RTC must know only in case of

appeal of MTC decision regarding the ordinance when the law otherwise provides

129 S3

During trial, court, motu proprio or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.

After the trial and before judgment or on appeal, the proper court, motu proprio or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case.

NOTE:

Doctrine of processual presumption

foreign laws must be alleged and proved

in the absence of proof, the foreign law will be presumed to be the same as the laws of the jurisdiction hearing the case (Riano, Evidence, 2006, p.49)

Note: relate to R39 S48, and to R77 (re probate proceedings)

How do you prove the foreign laws?

Copy of the law

Duly authenticated

Alleged and proved applying the Rules on Evidence

Divorce, prove by:

Allowed there under their laws

Decree of divorce

Duly authenticated

May be proved any time even during on appeal

129 S4

An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.

Judicial Admissions are conclusive with respect to the admitter, hence, need not be proven, provided,

1. Made in the same case

2. If made in another proceeding, then it becomes extrajudicial admission

Judicial AdmissionJudicial Confession

Made in the same case, except:

1. Palpable mistake

2. No admission made

3. In the interest of justiceMade not in the same case

Admission vs Confession (Dean, p. 57)

AdmissionConfession

Act, declaration, omission of a party as to any relevant fact

Declaration of accused acknowledging his guilt in the offense charged or of any offense necessarily included therein (presupposes criminal action)

Voluntary acknowledgement made by a party of the existence of the truth of certain facts which are inconsistent with his claims in an actionStatement by accused that he engaged in conduct which constitutes a crime

Acknowledgement of facts which, though incriminating, falls short of admission of guiltSpecific type of admission, referring only to acknowledgment of guilt

Includes confessions (confession is admission by accused of fact charged against him or of some fact essential to the charge)

May be implied (admission by silence)Cannot be implied (direct and positive acknowledgement of guilt)

Rule 130

Rules of admissibility

Object Evidence (130 1)

Evidence addressed to the senses of the court. When object is relevant to the fact in issue, it may be exhibited to, examined, viewed by the court.

Documentary Evidence (130 2)

Consists of writings or any material containing letters, words, numbers, figures, symbols, other modes of written expressions offered as proof of their contents.

Note the difference:

IF

Existence or non existence (papel, ink, alterations)

Object evidence Know contents (writings, letters, words, numbers, figures, symbols) Documentary evidence

Example:

MARKED MONEY

Laman ng pera- documentary evidence

Existence ng pera- object evidence

TAPE RECORDINGS

Existence of tape- object evidence

Laman ng tape- documentary evidence

COCA COLALetterings- documentary evidence

Bote- object evidence

Limitations to presentation of object evidence (when object evidence need not be presented, or when presentation of such would be rejected by the court):1. When repulsive to public morals and decency2. When it would cause delay, inconvenience to parties

3. Misleading

4. Other evidence testimonial or depositions available

Exceptions to the limitations:

1. Object evidence is the subject of the prosecution2. Interest of justice

Best Evidence Rule

130 (3) in relation to S4 of 130

S3- when subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itselfS4- the original of a document is one the contents of which are the subject of inquiry

NOTE: applies only in documentary evidence

Documentary evidence- subject of inquiry or else, Best Evidence Rule does not apply

Marked money was xeroxed, the Xerox was marked as evidence. You objected, basis on the ground of best evidence rule.

GAGO! Object evidence yon!

Magiging documentary evidence lang yon, and Best Evidence Rule applies lang pag yung laman ng marked money ang subject

Exceptions to the Best Evidence Rule (relate to provisions on Secondary Evidence, S5-7):

a. When the original has been lost or destroyed or cannot be produced in court, WITHOUT BAD FAITH on the part of the offeror

BAD FAITH = suppression of evidence

Relate to S5 R130

When the original document has been lost or destroyed or cannot be produced in court, the offeror, upon proof of its execution and existence and the cause of unavailability without bad faith on his part, may prove its contents

1. by a copy, or 2. by a recital of its contents in some authentic document or

3. by testimony of witnesses in the order stated

Relate also to Rule 76 S6

No will shall be proved as a lost or destroyed will unless

1. the execution and validity of the same be established, and 2. the will is proved to have been in existence at the time of the death of testator, or 3. is shown to have been fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge nor unless its provisions are clearly and distinctly stated by at least 2 credible witnesses When a lost will is proved, the provisions thereof 1. must be distinctly stated and certified by the judge under the seal of the court, and

2. the certificate must be filed and recorded as other wills are filed and recorded

Hence, proven by:

1. photocopy, with the following requirements:

2. establish loss and destruction by asking questions as to the existence of the original

3. circumstances of the loss, persons present in the execution, contents of the original will

b. when the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice

Relate to S6

If the document is in the custody or under the control of the adverse party, he must have reasonable notice to produce it. If after such notice and after satisfactory proof of its existence, he fails to produce it, secondary evidence may be presented as in the case of its loss

Rule 130 S3b / S6Rule 27

Original in the possession of adverse partyProduction and inspection of documents or things

Exception to Best Evidence RuleMode of Discovery

Advice by way of noticeBy way of motion

There is prior knowledge of existence of an originalThere is no prior knowledge- kaya nga mode of discovery eh

c. when the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the result of the whole

d. when the original is a public record in the custody of a public officer or is recorded in a public office

Relate to: R130 S7

When the original of a document is in the custody of a public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof.

What is the Principle of Irremovability of Public Record

certified true copy of a public document is already allowed, however, if there is issue as to forgery, then the original should be presented and produced

NOTE: The crime is falsification of public document, NOT falsification of certified true copy

130 S4

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

b. When a document is in 2 or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originalsc. When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals

Carbon- original- original pa rin

Rule 46- petition before appellate court (the above example applies)

As to letter c

Copy to another

130 S8

A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.

Parol Evidence

130 S9

When terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.

HOWEVER, a party may present evidence to modify, explain, or add to the terms of the written agreement if he puts in issue in his pleading:

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

b. Failure of the written agreement to express the true intent and agreement of the parties thereto

c. The validity of the written agreement or

d. Existence of the other terms agreed to by the parties or their successors in interest after the execution of the written agreement

The term agreement includes willsParol Evidence RuleBest Evidence Rule

Applies to documentary evidence including willsApplies to documentary evidence

Prohibits varying of terms of agreement, subject to exceptionsProhibits presentation of secondary evidence

Invoked by only the parties themselvesInvoked by any party

Reason for parol evidence: agreements in writing serve as repository of all agreements made by the parties, hence, cannot be modified or added to

Exceptions:

a. Intrinsic ambiguity, mistake, imperfection in the written agreement

b. Failure of written agreement to express true intent and agreement of the parties thereto

c. Validity of written agreement

d. Existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreementRelate letter b to R63 S1 P2- ..action for reformation of an instrument may be brought to court by way of procedure for declaratory reliefRequisites for application of parol evidence rule:

1. Refers to term of the contract or will

2. Pertains to valid contract (ok lang voidable, basta ba hindi void)

3. Existence of contractual relations between the parties

4. Objections to be made in case of presentation of modified agreement

See: 1359-1368, NCCWhat is the LORD BACONS RULE (Lord Bacon, 1841, Europe)

It enumerates/refers to the kinds of ambiguities:

1. Intrinsic/Latent ambiguity When writing on its face appears clear and unambiguous but there are collateral matters or circumstances which make the meaning uncertain

Not on its face, but there are ambiguities

2. Extrinsic/Patent ambiguity

Ambiguity is apparent on the face of the writing itself and requires something to be added in order to ascertain the meaning of the words used Parol evidence cannot be used to ratify or supplement a void contract

3. Intermediate Ambiguity

Where the ambiguity consists in the use of equivocal words designating the person or subject matter, parol evidence of collateral or extrinsic matter may be introduced for the purpose of aiding the court in arriving at the meaning of the language used

Results from the use of words susceptible of 2 interpretations

Falsa demonstration non nocet cum de corpore constat

An erroneous description does not spoil the act

2 descriptions, 1 false and 1 true, the false will be treated as surplus while the true will be admitted as evidence

Interpretation of Documents R130 S10-17 in relation to 1370-1378, NCC

TESTIMONIAL EVIDENCE

130 S20

Except as provided in the next succeeding section, all persons who:

1. Can perceive

2. And perceiving

3. And make known their perception to others

may be witnesses

NOTE: under the Child Witness Rule, minors are presumed as competent, unless otherwise proven

Disprove competency by way of motion to contest

If granted, profound question

Pero, pag yung bata sumasagot, at naiintindihan naman ang sagot, e competent yon

Competency of WitnessCompetency of Evidence

All persons who can perceive, and perceiving, and make known their perception to others are competent to be witnessesEvidence not otherwise excluded by law or these Rules are competent evidence

Competency of WitnessCredibility of Witness

Question is whether the witness can perceive, perceiving, and can make known their perception to othersQuestion is whether or not the testimony of the witness / the witness is believable

Who are disqualified to be witnesses?S21

1. Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their intention to others

2. Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully

S22- by reason of marriage

3. During the marriage, neither the husband nor the wife may testify for or against the other without the consent of affected, spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latters direct ascendants or descendants

S22- Disqual by reason of marriageS24A- disqual by reason of marital privilege

One of spouses is party to the action, hence, cannot testify for or against the other without the consent of affected spouse, except, civil case by one vs another, or criminal case by one against other, or latters direct ascendants or descendantsOne of the spouses is or is not a party to the action

Can be invoked only if one of the spouses is a party to the actionCan be claimed whether or not the other spouse is a party to the action

Applies only if testimony is offered DURING THE MARRIAGECan be claimed DURING OR AFTER THE MARRIAGE (pwede even if marriage already dissolved)

Constitutes total prohibition for or against the spouse of the witnessApplies only to confidential relations between the spouses

Objection would be raised on the ground of marriage, married witness would not be allowed to take the stand due to disqualification

Even if the testimony is for or against the objecting spouse, the spouse witness cannot testifyMarried person is on the stand but the objection of privilege is raised when confidential material communication is inquired thereto

Note: Spousal Immunity is waivable. Hence, for failure to object, waived

S23- Dead Mans Statute (correlate with probate of a will, testate or intestate)4. Parties or assignors to a case or persons in whose behalf a case is prosecuted against an executor or administrator or other representative of a deceased person or against a person of unsound mind upon a claim or demand against the estate of a deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind

REQUISITES (Rule 130 S23):

Witness is a

party or

assignor of a party

to a case of persons in whose behalf a case is prosecuted

action is against

executor or

administrator or

other representative of deceased person or

person of unsound mind

subject matter of the action is

claim or

demand against

estate of deceased person or

against person of unsound mind

testimony refers to

any matter of fact which occurred before the death of such deceased person or before such person of unsound mind

Rationale: declarant cannot be cross examined, lips are sealed forever by death

Purpose: designed to close lips of party plaintiff when death permanently closed lips of party defendant in order to remove from surviving party the temptation to give false testimony and possibility of fictitious claims against deceased

NOTE: Waivable

If testified to, with right to cross examine

If not, then waived

Disqualifications by reason of PRIVILEGED COMMUNICATION

Important: pag one of the parties, di pwede mag testify as to privileged communication, PERO pag tsismoso lang, pwede mag testify dahil exception sa privileged communication

1. Husband-Wife

24a

Husband or wife, during or after the marriage, cannot be examined without consent of the other as to any communication received in confidence by one from another during the marriage, except:

In a civil case by one against the other

In a criminal case committed by one against the other or the latters direct descendants or ascendants

If marriage is void, hindi apply disqualification

If voidable, apply disqualification (during or after)Exceptions: Dying declaration

Communications made prior to valid marriage

If Can be made public

When overheard by third party

Scope:

Testimony on confidential matters

Spouse not to give comment, privileged communication

2. Attorney-Client relationsAttorney- passed the bar, took the oath, signed the roll

24b

Atty cannot without consent of client, be examined as to any communication made by client to him or his advice given thereon in the course of or with a view to professional employment

Nor can attys secretary, stenographer, or clerk be examined without consent of client and employer, concerning any fact the knowledge of which has been acquired in such capacity

Atty

Concerning any matter relating to pleadings, documents, verbal statements

Secretary, Stenographer, Clerk (Office Clerk, NOT Janitor)

Concerning any matter relating to pleadings, documents, verbal statements, any fact, the knowledge of which has been acquired in such capacity

3. Physician-Patient (relate to Physical and Mental Examination of persons)

24c

Person authorized to practice medicine, surgery or obstetrics cannot, in a civil case, without consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired, in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity and would blacken reputation of the patient.

NOTE: applies only to CIVIL CASES

Why not to criminal? Autopsy reports

Covers:

1. Advice or treatment given by doctor

2. Any information he acquired from patient

3. Information necessary to enable him to act in that capacity and would blacken reputation of patient

MEDICINE!

Includes: surgery, obstetrics

Not: dentist

Includes: ob gyne, midwife, derma

Not: Foreign doctor

Kasi, yung authorized to practice medicine, dito sa Phils

EXCEPT in the following cases:

Consent of patient was given

Case filed against doctor

Failure to object

For unlawful purpose

4. Priest-penitent

24d

Minister or priest cannot without consent of person making the confession, be examined as to any confession made or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs.

Purpose: protect sanctity of confession

Minister is not the same as pastor

Why? Pari lang talaga! Kasi, AUTHORIZED TO RECEIVE CONFESSION AND TO GRANT ABSOLUTION!!!

Father, i confess.. ni rape ko kapatid mo. It turned out, narinig ng pinsan ni father ang confession.

Father- cannot divulge the info to the police (covered by privileged communication

Pinsan ni Father- can; tsismoso lang siya eh, hindi siya sakop ng priest-penitent privileged communication

5. State Secrets

24e

Public officer cannot be examined during his term of office or afterwards as to communications made by him in official capacity when the court finds that public interest would suffer by the disclosure.

Filial Privilege

S25- no person can be compelled to testify against his parents, other direct descendants, children, other direct ascendants

Admission

Act, declaration, omission of a party as to a relevant fact

Confession

Declaration of accused acknowledging his guilt in the offense charged or of any offense necessarily included therein (presupposes criminal action)Admission vs Confession (simpler version)AdmissionConfession

Express or impliedExpress/tacit

Is not necessarily tantamount to automatic liabilityAcknowledgment of guilt, hence, liability attaches

Made by any partyMade by accused

Admissions may be judicial or extrajudicial

By co conspirator or by co partners- extrajudicial

Declaration against InterestAdmission

Made by person deceased or unable to testify against interest of declarantNot necessarily made by person party or not

S27- Offer of compromise

CIVIL CASES

Not an admission of any liability and is not admissible in evidence against offeror

CRIMINAL CASES

By accused, may be received in evidence as implied admission of guilt

Wrong statement: settle amicably the criminal case

Correct statement: off the record, settle the civil aspect of the case

Exceptions to general rule with respect to offer of compromise with respect to criminal cases:

Criminal negligence

BP22

Rape- through marriage of rapist and victim

Plea of guilty later withdrawn or unacceptable offer of plea of guilty to a lesser offense is not admissible in evidence against accused who made the plea or offer

Good Samaritan Rule- offer to pay or payment of medical, hospital, other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury

Other admissions:

Discharge of witness

Amendment on the pleadings

RES INTER ALIOS ACTA (1986, 1988 Bar) The right of a party cannot be prejudiced by an act or omission of anotherRefers to Judicial or extrajudicial admissions, such as that of co conspirator, co partner, which requires evidence ex aliunde other than conspiracy, partnership

EXCEPT: admission by silence

Admission by co partner or agent (S29)

Requisites:

1. Within scope of authority

2. During existence of partnership or agency

3. Partnership or agency is shown by evidence other than such act or declaration

Admission by conspirator (S30)

Requisites:

1. Act or declaration by conspirator

2. Relating to conspiracy and during its existence

3. Conspiracy is shown by evidence other than such act or declaration

Admission by privies (S31)

Requisites:

1. Privity of contract- one derives title to property from another

2. Admission of predecessor (latter) while holding the title

3. In relation to the titleAdmission by silence (S32)Requisites:1. Act or declaration made in the presence and within hearing and observation of a party

2. Party who saw or heard the act or declaration does or says nothing

3. Act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so

EXCEPTION: pipi

Not an admission, e hindi nga maka-salita eh

With respect to confession, consider the following:

RA7438 (With respect to Custodial Investigation/EJ Confession)

Judicial confessions during the trial

Constitutional provisions

2 Kinds of Confessions:

1. Judicial Confession

Confession made by accused before a court in which the case is pending and in the course of legal proceedings therein and, by itself, can sustain a conviction

2. Extrajudicial Confession

Confession made in any other place or occasion and cannot sustain a conviction unless its voluntariness is proven and unless corroborated by evidence of corpus delicti

133 (3)- EJ confession made by accused shall not be sufficient ground for conviction unless corroborated by evidence of corpus delicti

Corpus delicti- body of the crime; pag wala to, then walang crime

Examples:

Rape- semen, contusion

CDDA- drugs

Murder- murder weapon, fact of death

Can there be murder without a body?

No, except circumstantial evidence:

Sufficient for conviction if:

There is more than one circumstance

Facts from which the inferences are derived are proven

Combination of all circumstances is such as to produce a conviction beyond reasonable doubt

Interlocking Confession

2 or more accused executes separate confessions, and the same interlocks on material points, hence, admissible in evidenceWeight:

1. Judicial confession- conclusive

2. Extrajudicial confession- disputable

Similar Acts as Evidence (S34)

General Rule:

evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time

Exception:

admissible to prove:

specific intent

knowledge

identity

plan

system

scheme

habit

custom

usage

the like

Instance: Carnapping in QC and Pasay- similar acts may be admitted as evidence to prove pattern of behaviour/modus operandi

Unaccepted Offer (S35)- relate to 1256, NCC for purpose of consignation

S35- Offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if rejected without valid cause, equivalent to actual production and tender of money, instrument, property

Lessee is ejected, refused to accept payment, filed for consignation

Tender of payment- condition precedent

HEARSAY RULE

S36

A witness can testify only to those facts which he knows of his personal knowledge, that is, which are derived from his own perception, except as otherwise provided by law or these Rules

GENERAL RULE: Hearsay Evidence is NOT COMPETENT EVIDENCE (excluded by law or these Rules)

EXCEPTION: (11)

1. dying declaration

2. declaration against interest

3. act or declaration about pedigree

4. family reputation or tradition regarding pedigree

5. common reputation

6. part of res gestae

7. entries in the course of business

8. entries in official records

9. commercial lists in the like

10. learned treatises

11. testimony or deposition at a former proceeding

S37- Dying Declaration

(exception to privileged communication between husband and wife)

Requisites:

1. declaration made under consciousness of impending death

2. subject of inquiry is death

3. declaration is complete

4. qualified to be a witness

(in absence of 1, may be treated as res gestae)

Declaration against interest (S38)

Declaration against InterestAdmission

Made by person deceased or unable to testify against interest of declarantNot necessarily made by person party or not

S39- Pedigree (hindi pagkain ng aso)Act or declaration of person deceased or unable to testify

in respect to pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy and the relationship between the 2 persons is shown by evidence other than such act or omission.

Pedigree relationship

family genealogy

birth

marriage

death

dates when and places where the facts occurred

family history

hence, not necessary na present yung ninuno

Family Reputation or tradition regarding pedigree (S40)

Reputation or tradition existing in a family previous to the controversy in respect to the pedigree of one of its members may be received in evidence if:

1. witness testifying thereon be also a member of family either by consanguinity or affinity

Ff may be received as evidence of pedigree:

entries in family bibles,

entries in family books or charts

engravings on rings

family portraits

etc

S39S40

Act or declaration about pedigreeFamily reputation or tradition regarding pedigree

Witness need not be a family memberWitness is a member of the family

Relation of declarant and person subject of inquiry must be established by independent evidenceWitness is himself the one to whom the fact relates, and not necessary for him to establish by independent evidence his relationship to the family

Testimony is about what declarant, who is dead or unable to testify, has said concerning pedigree of declarants familyTestimony is about family reputation or tradition covering matters of pedigree

Important: known to the community regarding pedigree, genealogy, family historyCommon Reputation (S40)

it is the definite opinion of the community in which the fact to be proved is known or exists

What may be established by common reputation?

1. Matters of public interest more than 30 years old

2. Matters of general interest more than 30 years old

3. Matters respecting marriage or moral character and related facts

4. Individual moral character

Res Gestae (S42)

Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto with respect to circumstances thereon may be given in evidence as part of res gestae.

Statements accompanying an equivocal act material to the issue, and giving it legal significance, may be treated as part of res gestae

2 kinds of res gestae:

1. Statement on startling occurrence plus utterance

Parang, dying declaration, pero hindi namatay

Hence, admissions of such nature may be multiple admissions (either dying declaration or res gestae)

2. Verbal act

Spontaneously made, tending to commit

HOY! Or, HOLDAP!!

S43- entries in regular course of business

Entries made at, or near the time of the transactions to which they refer, by a person deceased, or unable to testify, who was in a position to know the facts therein stated, may be received as prima facie evidence, if such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty

Aka OFFICIAL RECORDSLearned Treatises (S46)

A published treatise, periodical, or pamphlet on a subject of history, law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the treatise, periodical, or pamphlet is recognized in his profession or calling as expert in the subject

E, how about math?

Kasali, kasi, considered as science

+ publication

The writer need not be presented to the witness stand, the court can adopt the theories

Testimonies/Depositions at Former Proceedings (S47)Testimony or deposition of a witness deceased or unable to testify given in a former case or proceeding, judicial or administrative, involving same parties and subject matter may be given in evidence against adverse party who has had the opportunity to cross examine them.

(relate to R23-25)

Testimonies are proven by affidavits or TRANSCRIPT OF RECORD (TSN)

All the above exceptions to the hearsay rule were given, what is / are the reasons for such exceptions?

Trustworthiness and necessity

How do you attack a dying declaration?

Rule 131- disputable/rebuttable presumption

Opinion Rule

General rule: opinion is not allowed

Exception:

S49- opinion of expert witness

On a matter requiring special knowledge, skill, experience, training which he is shown to possess in a certain field (DISPUTABLE EVIDENCE)

S50- opinion of ordinary witness

Regarding:

1. Identity of a person about whom he has adequate knowledge

2. Handwriting with which he has sufficient familiarity

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

4. On impressions of emotion, behaviour, condition, appearance of a person

Forgery- even the judge can compare; no need for expert witness

Expert witness- as counsel for accused, NEVER ADMIT the qualification of expert witness (as to source)As prosecution, ask questions to establish qualification of expert witness

Character Evidence

General Rule: Not admissible

Exception:

Criminal Cases

Accused may prove good moral character which is pertinent to moral trait involved in the offense charged

Prosecution cannot prove accused is of bad moral character, except if impeached

Unless in rebuttal, prosecution may not prove accuseds bad moral character which is pertinent to moral trait involved in the offense charged

Good or bad moral character of offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged.Civil Cases

Allowed, when pertinent to the issue of character involved in a caseBURDEN OF PROOF

131 (1)

Duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law

Burden of ProofBurden of Evidence

Never shifts during trial, given by law

Affirmative defense- on the one alleging such affirmative defense

Negative defense- on the claiming partyShifts during trial

Criminal case- *prosecution--defense

Civil Case- *plaintiffdefendant

Administrative case- both

Kinds of Presumptions:1. Conclusive presumptions

Estoppel in pais (131 S2a)

Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing is true, and to act upon belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it.

Estoppel by tenant (131 S2b)

Tenant is not permitted to deny the title of his landlord at the time of commencement of relation of landlord-tenant between them

2. Disputable/Rebuttable Presumptions

NOTE: MAHABA TO!!!

a. That a person is innocent of crime or wrong

b. That an unlawful act was done with unlawful intent

c. That a person intends the ordinary consequences of his voluntary act

d. That a person takes ordinary care of his concerns

e. That evidence if willfully suppressed would be adverse if produced

f. That money paid by one to another is due to the latter

g. That a thing delivered by one to another belonged to the latter

h. That an obligation delivered up to the debtor has been paid

i. That prior rents or installments had been paid when a receipt for later ones is produced

j. That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that things which a person possesses, or exercises acts of ownership over, are owned by him

k. That a person in possession of an order on himself for the payment of money, or the delivery of anything, has paid the money or delivered the thing accordingly

l. That a person acting in a public office was regularly appointed or elected to it

m. That official duty has been regularly performed

n. That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of jurisdiction

o. That all the matters within an issue raised in a case were laid before the court and passed upon by it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid before the arbitrators and passed upon by them

p. That private transactions has been fair and regular

q. That the ordinary course of business has been followed

r. That there was a sufficient consideration for a contract

s. That a negotiable instrument was given or indorsed for a sufficient consideration

t. That an indorsement of a negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated

u. That a writing is truly dated

v. That a letter duly directed and mailed was received in the regular course of the mail

w. That after an absence of 7 years, it being unknown whether or not an absentee still lives, he is considered dead for all purposes, except for those of succession

The absentee shall not be considered dead for the purpose of opening his succession until after an absence of 10 years. If he disappeared after the age of 75 years, an absence of 5 years shall be sufficient in order that his succession may be opened.

The following shall be considered dead for all purposes including the division of the estate among the heirs:

1. a person on board a vessel lost during sea voyage, or an aircraft which is missing, who has not been heard of for 4 years since the loss of the vessel or aircraft

2. a member of the Armed Forces who has taken part in armed hostilities, and has been missing for 4 years

3. a person who has been in danger of death under other circumstances and whose existence has not been known for 4 years

4. if a married person has been absent for 4 consecutive years, the spouse present may contract a subsequent marriage if he or she has a well founded belief that the absent spouse is already dead. In case of disappearance, where there is danger of death under the circumstances hereinabove provided, an absence of only 2 years shall be sufficient for contracting a subsequent marriage. However, in any case, before marrying again, the spouse present must institute a summary proceeding as provided for in the Family Code and in the rules for a declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse

x. that acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact

y. that things have happened according to the ordinary course of nature and the ordinary habits of life

z. that persons acting as co-partners have entered into a contract of co-partnership

aa. that a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage

ab. that property acquired by a man and a woman who are capacitated to marry each other and who live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, has been obtained by their joint efforts, work, or industry

ac. that in cases of cohabitation by a man and a woman who are not capacitated and who have acquired property through their actual joint contribution of money, property, or industry, such contributions and their corresponding shares including joint deposits of money and evidences of credit are equal

ad. that if the marriage is terminated and the mother contracted another marriage within 300 days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:

1. a child born before 180 days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within 300 days after the termination of the former marriage

2. a child born after 180 days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within 300 days after the termination of the former marriage

ae. That a thing once proved to exist continues as long as is usual with things of that nature

af. that the law has been obeyed

ag. that a printed or published book, purporting to be printed or published by public authority, was so printed or published

ah. that a printed or published book, purporting to contain reports of cases adjudged in tribunals of the country where the book is published, contains correct reports of such cases

ai. that a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest

aj. that except for purposes of succession, when 2 persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and age of the sexes, according to the following rules:

1. if both were under the age of 15 years, the older is deemed to have survived2. if both are above the age of 60, the younger is deemed to have survived

3. if one is under 15 and the other above 60, the former is deemed to have survived

4. if both be over 15 and under 60, and the sex be different, the male is deemed to have survived; if the sex be the same, the older

5. if one be under 15 or over 60, and the other between those ages, the latter is deemed to have survivedak. if there is a doubt, as between 2 or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other shall prove the same. In the absence of proof, they shall be considered to have died at the same time.

Rule 132- Presentation of evidence

S1-S2

1. in open court, recordeda. TSN,

b. Taped

EXCEPT:

involving minors (Juveniles in Conflict with the Law)

to be conducted in another room/chambers

if repulsive evidence would be presented

in chambers

2. Under oath or affirmation

Note best evidence: TSN (for purposes of using testimony of further proceedings, under R130)

3. General rule: answers to be given orally

Exceptions:

When witness is incapacitated to speak

Question calls for a different mode of answer

S3- Rights and obligations of a witness

Obligation: to answer questions, although his answer may tend to establish a claim against him

Rights:

1. To be protected from irrelevant, improper, insulting questions, from harsh or insulting demeanor2. Not to be detained longer than the interests of justice require

3. Not to be examined except only as to matters pertinent to the issue

4. Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law (RIGHT AGAINST SELF INCRIMINATIONapplies only to testimonial evidence)

5. Not to give an answer which will tend to degrade his reputation unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense.

Mr Witness, pogi ka ba? Hindi ba panget ka?!- violation of #1

S4-8

Direct examination

Examination in chief of a witness by the party presenting him on the facts relevant to the case

Cross examination

Examination by adverse party upon termination of direct examination as to:

Matters stated in direct examination or connected therewith

With sufficient fullness and freedom to test his accuracy and

Truthfulness and freedom from interest or bias, or the reverse and

To elicit all important facts bearing upon the issue

Re Direct Examination

Re examination by proponent after the cross examination to allow the witness to explain or supplement answers given during the cross examination, and on the courts discretion, allow questions on matters not dealt with during the cross examinationRe Cross Examination

Examination by Adverse party after the re direct examination on matters stated in the re direct examination and also on such other matters as may be allowed by court in its discretionS9- recalling of witness

After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests of justice may require

S10- Leading/Misleading

Leading Question

Question which suggests to the witness the answer which the examining party desires

General rule, not allowed, except:

a. On cross examination

b. On preliminary matters

c. When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind, or of a deaf mute

d. Of an unwilling or hostile witness or

e. Of a witness who is an adverse party or an officer, director, managing agent of a public or private corporation or of a partnership or association which is an adverse party

Misleading question

Question which assumes as true a fact not yet testified to by the witness or contrary to what is previously stated

Not allowed

S11- Impeachment of adverse partys witness

A witness may be impeached by the party against whom he is called,

1. by contradictory evidence, 2. by evidence that his general reputation for truth, honesty, or integrity is bad, or 3. by evidence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense

Deposition

TSN

Perjured Witness

S12- Party may not impeach own witness

Except with respect to witnesses referred to in par d and e of S10 (unwilling/hostile and adverse party or officer of a corporation which is adverse party), the party producing a witness is not allowed to impeach his credibilityA witness may be considered as unwilling or hostile only if unwilling and so declared by the court upon adequate showing of his

1. adverse interest

2. unjustified reluctance to testify

3. or his having misled a party into the wintess stand

The unwilling or hostile witness so declared or the witness who is an adverse party may be impeached by the party presenting him in all respects as if he had been called by the adverse party except by evidence of his bad character. He may also be impeached and cross examined by the adverse party, but such cross examination must only be on the subject matter of his examination in chief.

General rule, except hostile, adverse, petitioners witnessmanifest before the court

S13- How witness impeached by evidence of inconsistent witness

Before a witness can be impeached by evidence that he has made at other times inconsistent with his present testimony, the statements must be related to him with the circumstances of the times and places and the persons present and must be asked whether he made such statements and if so, allowed to explain them. If the statements be in writing they must be shown to the witness before any question put to him concerning them.TSN, affidavit- ipakita

May statement? Ginawa mo? Naalala mo ba?

1st statement- medyo pogi daw

2nd statement- pogi daw

ANO BA?

Hence, credibility at issue, with propensity to tell a lie

Laying the predicate- lay the basis/predicate

impeaching a witness by prior inconsistent statements

How?

1. By confronting him with such statements, with circumstances under which they were made

2. By asking him whether he made such statements

3. By giving him a change to explain the inconsistency

S14- Evidence of good character of a witness

Evidence of good character of a witness is not admissible until such character has been impeached

Evidence of good character of witness

General rule: not admissible

Exception: except when such character has been impeached

Accused- admissible, for as long as pertaining to the offense

Civil case- admissible only when pertinent to the issue of character involved in a case

S15- Exclusion and separation of a witness

On any trial or hearing, the judge may exclude from the court any witness not at the time under examination, so that he may not hear the testimony of other witnesses. The judge may also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall have been examined.

To avoid confusion

N/A to accused- Constitutional guarantee; to be present at all stage of a witness

When there are 2 or more witnesses, can do so to avoid confusion

S16- When witness may refer to memorandum

A witness may be allowed to refresh his memory

1. respecting a fact, a. by anything written or recorded by himself or under his direction at i. the time when the fact occurred, or ii. immediately thereafter, or iii. at any other time when the fact was fresh in his memory and he knew that the same was correctly written or recorded; but in such case the writing or record must be produced and may be inspected by the adverse party, who may, if he chooses, cross examine the witnesses upon it, and may read it in evidence So, also, a witness may testify from such a writing or record, though he retain no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution

1. Present memory

2. Writing

Refresh memory

Show to him, show contents

S17- When part of transaction, writing, or recorder is given in evidence, the remainder is admissible

When part of an act, declaration, conversation, writing, or record is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, writing, or record is given in evidence, any other act, declaration, conversation, writing, or record necessary to its understanding may also be given in evidence

S18- Right to inspect writing shown to witnessWhenever a writing is shown to a witness, it may be inspected by the adverse party

Writing- you are adverse party, inspect it!

S19- classes of documents

For the purpose of their presentation in evidence, documents are either public or private.

Public documents are:

a. the written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country

b. documents acknowledge before a notary public except last wills and testaments, and

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

All other writings are private

S20- Proof of private document

Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either:

a. by anyone who saw the document executed or written, or

b. by evidence of the genuineness of the signature or handwriting of the maker

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

S21- When evidence of authenticity of private document is not necessary

When a private document is more than 30 years old, is produced from a custody in which it would naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given

How to prove foreign laws: allege

prove, authenticate, attest

S22- How genuiness of handwriting is proved

22

The handwriting of a person may be proved by any witness who believes it to be the handwriting of such person because he has seen the person write, or has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge

23

Documents consisting of entries in public records made in the performance of a duty of a public officer are prima facie evidence of the facts therein stated. All other public documents are evidence, even against a third person, of the fact which gave rise to their execution and of the date of the latter.

24

The record of public documents referred to in paragraph a of section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has custody. If the office in which the record is kept in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.

25

Whenever a copy of a document or record is attested for the purpose of the evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court.

S26- Irremovability of public record

Any public record, an official copy of which is admissible in evidence, must not be removed from the office in which it is kept except upon order of a court where the inspection of the record is essential to just determination of a pending case(Relate to S3(4) 130)

When original is a public record in the custody of the public officer or is recorded in a public officeexception to best evidence rule

S27- Public record of a private document

An authorized public record of a private document may be proved by the original record, or by a copy thereof attested by the legal custodian of the record, with an appropriate certificate that such officer has the custody.

S28- Proof of lack of record

A written statement signed by an officer having the custody of an official record or by his deputy that after diligent search, no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry

S29- Impeaching Judicial Records

Any judicial record may be impeached by evidence of:

a. want of jurisdiction in the court or judicial officer

b. collusion between the parties

c. fraud in the party offering the record, in respect to the proceedings

S30- proof of notarial documents

Every instrument duly acknowledged and certified as provided by law, may be presented in evidence without further proof, the certificate of acknowledgement being prima facie evidence of the execution of the instrument or document involved.

(relate to 2004 Notarial Rules, because concerns notarial documents)

S31- alterations in document, how to explain

The party producing a document as genuine which has been altered and appears to have been altered after its execution, in a part material to the question in dispute, must account for the alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or was otherwise properly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he fails to do that, the document shall not be admissible as evidence.

S32- seal

There shall be no difference between sealed and unsealed private documents insofar as their admissibility as evidence is concerned.

Seal- coming from abroad, then dapat ang document has seal and authenticationS33- Documentary evidence in an unofficial languageDocuments written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial.

Document written in Korean, Thai, Chinese- dapat with official English translationtranslator coming from respective embassies, kasi baka mamaya minumura na kayoand dapat prosecution must come up with translator, not the accused

Interpreter- not provided by witness for accused or by the accusedtalo ka dun

Offer and objection

S34- offer of evidence

The court shall consider not evidence which has not been formally offered. The purpose for which the evidence must be offered must be specified.

Offer of evidenceOffer of testimony

After termination of presentation of evidenceAfter testimony was made

Offer of evidenceFormal offer of proof

After termination of presentation of evidenceOffer proof in relation to the fact in issue

Evidence not formally offered- has no probative value

S35- when to make offer

As regards the testimony of a witness, the offer must be made at the time the witness is called to testify.

Documentary and object evidence shall be offered after the presentation of a partys testimonial evidence.

Such offer shall be done orally unless allowed by the court to be done in writing.

Documentary- after identification, during trial

Testimonial- at the time the witness is being presented

S36- Objection

Objection to evidence offered orally must be made immediately after the offer is made.

Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefore shall become reasonably apparent

An offer of evidence in writing shall be objected to within 3 days after the notice of the offer unless a different period is allowed by the court.

In any case, the grounds for objections must be specified.

Kinds of objections:

As to form:

1. oral

2. written

2 grounds:

1. specified objections

a. parol evidence

b. best evidence

2. general objections

a. immaterial

b. irrelevant

c. no basis

d. incompetent

Overruled- hindi pwede

Sustained- question allowed

Deferred- ruling deferred for further time

Continuing objections- line of questions are objectionable, register as far the class of questions are given- para hindi lagi object ng object

1994 Bar

Broadside objectionsSpecific Objections

General objectionsWith specific grounds for objection

S37- Continuing Objections

When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his continuing objection to such class of questions.

S38- ruling on objections

The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.

S39- not responsive, strike out answer

Should a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, and such objection is found to be meritorious, the court shall sustain the objection and order the answer given to be stricken off the record.

S40- Tender of excluded evidence

If documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record.

If the evidence excluded is oral, the offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony. Rule:

Testimonial Evidence- give the name, personal circumstances of witness, nature of testimony

Documentary Evidence- give descriptions of the documents, have them attached or made part of the record; hence, would form part of record of the case, and for purposes of review, can be considered by appellate court

Purpose of objections as to admissibility

AdmissibilityProbative Value

Question is whether the court will admit it or notFact in issue is in question

Rule 133

Weight and Sufficiency of evidence

PREPONDERANCE OF EVIDENCE

Evidence which is of greater weight or more convincing than that which is offered in opposition to it

In civil cases

Considerations the court may consider:

1. All facts and circumstances of the case

2. Witnesses manner of testifying

3. Their intelligence

4. Their means and opportunity of knowing the facts to which they are testifying

5. Nature of the facts to which they are testifying

6. Nature of facts to which they testify

7. Probability or improbability of their testimony

8. Their interest or want of interest

9. Personal credibility so far as the same may legitimately appear upon the recordSUBSTANTIAL EVIDENCE

Amount of evidence which a reasonable mind might accept as adequate to justify a conclusion

In administrative cases or before quasi judicial bodies

PROOF BEYOND REASONABLE DOUBT

Moral certainty of commission of crime, degree of proof producing conviction in an unprejudiced mind

Criminal cases

S3- Extrajudicial confession, not sufficient ground for conviction, except

An extrajudicial confession made by the accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti (body of the crimesee previous discussions).

S4- Circumstantial evidence

Sufficient for conviction if:

1. There is more than one circumstance

2. The facts from which the inferences are derived are proven

3. Combination of all circumstances is such as to produce conviction beyond reasonable doubtDNA Evidence

Admissible (see People vs Vallejo)

Polygraph

Not admissible

Emotions are controlled

Falsus in uno falsus in omnibus (unsure about correct translation)

False in one, false in all

R126 S13

Search incidental to lawful arrest

Admissible whatever would be taken from the search IF the arrest, in the first place, is lawful

If not, then not admissible

Sexual Shield Abuse Rule

Questions on sexual predisposition of a minor witness is inadmissible in evidence EXCEPT:

If tending to prove source of semen

If question refers to injuries sustained by said minor witness

Rule 134

Perpetuation of Testimony

(relate to R23 and 24)

DEPOSITIONS!

1