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Preliminary Considerations
Evidence
Rule 128 General Provisions
2.
Section 1 EVIDENCE DEFINED

Evidence is the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth
respecting a matter of fact
Section 2 - SCOPE
The rules of evidence shall be the same in all courts and
in all trials and hearings, except as otherwise provided
by law or these rules.
Evidence - mode and manner of proving competent facts

in judicial proceedings
Proof - result or effect of evidence
When the requisite quantum of evidence of a

particular fact has been duly admitted and given
weight
Factum probandum ultimate fact or fact sought to be
established
proposition
Factum probans evidentiary fact or the fact by which
the factum probandum is to be established
Materials which establishes the proposition

Law on evidence procedural law
Shall not diminish, increase or modify substantive

rights (Sec 5 (5), Art VIII, Consti)
New rules may be held applicable to cases pending

at the time of the change in rules as parties have no
vested right in the rules of evidence
Except in criminal cases when the new rule

would permit reception of lesser quantum of
evidence to convict -> unconstitutional, ex
post facto
Principally found in ROC
Special laws: RA 4200, Code of Commerce Art

448, Civil Code, RPC Art 217
Bill of Rights Sec 2 and 3
See notes under Sec 33, Rule 130
Right against self-incrimination cannot be

invoked in situations covered by immunity
statutes
RA 1379 immunity to witnesses in

proceedings for forfeiture of unlawfully
acquired property
PD 749 immunity in bribery and graft

cases
Specifically applicable only in judicial proceedings
Quasi-judicial: suppletory character whenever

practicable and convenient, except when the
governing law specifically adopts ROC
Classification of evidence based on ROC:
1.
Object that which is directly addressed to the
senses of the court and consists of tangible things
exhibited or demonstrated in open court, in an
ocular inspection or at a place designated by the
court for its view or observation of an exhibition,
experiment or demonstration
Autoptic proference presenting in open court

the evidentiary articles for the observation or
inspection of the tribunal
2.
Documentary evidence evidence supplied by
written instruments or derived from conventional
symbols, such as letters, by which ideas are
represented on material substances
3.
Testimonial submitted to the court through the
testimony or deposition of a witness
Other classifications
1.
Relevant, Material, and Competent Evidence
a.
Relevant evidence having any value in
reason as tending to prove any matter
provable in an action
Test of relevancy logical relation of the

evidentiary fact to the fact in issue,
whether it tends to prove the probability
or improbability of the fact in issue
b.
Material evidence directed to prove a fact in
issue as determined by the rules of substantive
law and pleadings
azereth
page 1
3.
4.
5.
6.
Materiality of evidence is determined by

WON the fact it tends to prove is in issue
c.
Competent one that is not excluded by the
Rules, law or Consti
Direct and Circumstantial Evidence
a.
Direct that which proves the fact in dispute
without the aid of any inference or
presumption
b.
Circumstantial proof of the fact or facts from
which, taken either singly or collectively, the
existence of a particular fact in dispute may be
inferred
as
a
necessary
or
probable
consequence
Cumulative and Corroborative Evidence
a.
Cumulative evidence of the same kind and to
the same state of facts
b.
Corroborative additional evidence of a
different character to the same point
Prima facie and Conclusive Evidence
a.
Prima facie that which, standing alone,
unexplained or uncontradicted, is sufficient to
maintain the proposition affirmed
b.
Conclusive that class of evidence which the
law does not allow to be contradicted
Primary and Secondary Evidence
a.
Primary or best evidence, that which the law
regards as affording the greatest certainty of
the fact in question
b.
Secondary
evidence
substitutionary
evidence, that which is inferior to the primary
evidence and is permitted by law only when
the best evidence is not available
Positive and Negative Evidence
a.
Positive when a witness affirms that a fact
did or did not occur
Entitled to greater weight since witness

represents of his personal knowledge
b.
Negative witness states that he did not see
or know of the occurrence of a fact
Total disclaimer of personal knowledge
Section 3 ADMISSIBILITY OF EVIDENCE

Evidence is admissible when it is relevant to the issue
and is not excluded by the law or these rules
Section 4 RELEVANCY; COLLATERAL MATTERS
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 the probability of the facts in issue
Two requisites for admissibility:

1.
Relevance determinable by rules of logic and
human experience
None but facts having rational probative value

are admissible (Wigmore)
2.
Competence
determined
by
prevailing
exclusionary rules of evidence
All facts having rational probative value are

admissible unless some specific rule forbids
their admission
Therefore, admissibility is an affair of logic and law

Admissibility determined at the time it is offered to the
court
Object evidence offered when presented for the

courts view or evaluation
Testimonial offered by the calling of the witness to

the stand
Documentary formally offered by the proponent

immediately before he rests his case
Objection to the admissibility made at the time such
evidence is offered or as soon as the objection to the
admissibility shall have become apparent
Otherwise, waived
Conditional admissibility where the evidence at the
time it is offered appears to be immaterial or irrelevant
unless it is connected with the other facts to be
subsequently proved, such evidence may be received on
condition that the other facts will be proved thereafter,
otherwise the evidence will be stricken out
Qualification: no bad faith on the part of the

proponent
Evidence
Necessary to avoid unfair surprises to the

other party
Multiple admissibility where evidence is relevant and
competent for two or more purposes, such evidence
should be admitted for any and all the purposes for
which it is offered provided it satisfies all the
requirements of law for its admissibility
Curative admissibility treats upon the right of a party
to introduce incompetent evidence in his behalf where
the court has admitted the same kind of evidence of the
adverse party
Theories:
1.
American rule admission of such incompetent
evidence, without objection by the opponent
does not justify such opponent in rebutting it
by similar incompetent evidence
2.
English rule if a party has presented
inadmissible evidence. The adverse party may
resort to similar incompetent evidence
3.
Massachusetts rule adverse party may be
permitted to introduce similar incompetent
evidence in order to avoid a plain and unfair
prejudice caused by the admission of the other
partys
To determine application:
1.
WON incompetent evidence was reasonably
objected to, and
2.
WON, regardless of the objection vel non, the
admission will cause a plain and unfair
prejudice to the party against whom it is
admitted
Conversely, where admissible evidence has

been improperly excluded, the other party
should not be permitted to introduce similar
evidence (Martin)
Former rule: illegally obtained evidence still admissible
unless specifically forbidden
Abandoned in Stonehill vs. Diokno -> documentary

evidence, illegally obtained, is inadmissible on a
timely motion or action to suppress
Collateral matters matters other than the facts in issue
and which are offered as a basis for inference as to the
existence or non-existence of the facts in issue
Irrelevant collateral matters inadmissible
Circumstantial evidence evidence of relevant

collateral facts
Weight to evidence, once admitted, depends on judicial
evaluation (Rule 133 and jurisprudence)
azereth
page 2
What Need Not Be Proved

Evidence
What Need Not Be Proved

Rule 129 What Need Not Be Proved
Section 1 JUDICIAL NOTICE, WHEN MANDATORY
A court shall take judicial notice, without the
introduction of evidence, of the existence and territorial
extent of states, their political history, forms of
government and symbols of nationality, the law of
nations, the admiralty and maritime courts of the world
and their seals, the political constitution and history of
the Philippines, the official acts of legislative, executive
and judicial departments of the Philippines, the laws of
nature, the measure of time, and the geographical
divisions.
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 may be made in

1.
Pleadings filed by the parties
2.
The course of the trial, either by verbal or written
manifestations or stipulations
3.
Other stages of the judicial proceeding
Must be made in the same case in which it is offered
If made in another case or in another court must

be proved as in any other fact, but entitled greater
weight
Admissible unless:
1.
Made only for purposes of the first case
2.
Withdrawn with the permission of the
court
3.
Court deems it proper to relieve the party
Admissions in a pleading which have been withdrawn or
supersede by an amended pleading
Considered as extrajudicial admissions
However, the rule seems now to include superseded

pleadings as judicial admissions
Section 2 JUDICIAL NOTICE, WHEN DISCRETIONARY

A court may take judicial notice of matters which are of
public knowledge, or are capable to unquestionable
demonstration, or ought to be known to judges because
of their judicial functions.
Section 3 JUDICIAL NOTICE, WHEN HEARING

NECESSARY
During the trial, the court, on its own initiative, 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, on its own initiative 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.
Lim vs. Jabalde (1989)

Facts subject of a stipulation or agreement entered into
by the parties at the pre-trial of a case constitute judicial
admission by them which, under this section, do not require
proof and cannot be contradicted unless previously shown to
have been made through palpable mistake.
Judicial notice cognizance of certain facts which judges

may properly take and act on without proof because they
already know them
Based on considerations of expediency and

convenience
May be taken by court on its own motion or when it

is requested by either parties
Court will allow the parties to be heard on the

matter in question
Must be exercised with caution and every

reasonable doubt on the subject must be resolved in
the negative
Courts are required to take judicial notice of laws
Different with ordinances:
MTC required to take judicial notice of

ordinances of the municipality or city wherein
they sit
RTC must take judicial notice only:

1.
When required to do so by statute
2.
In a case of appeal before them wherein
the inferior court took judicial notice of an
ordinance involved in said case
Or when capable of unquestionable

demonstration (also applies with
administrative regulations)
Courts are required to take judicial notice of the
decisions of appellate courts but not of the decisions of
coordinate courts
Not even the decision or the facts involved in

another case tried by the same court itself
Unless the parties introduce the same in

evidence or doing so is convenient
Foreign laws question of fact
May not be taken judicial notice and have to be

proved
Except: said laws are within the actual

knowledge of the court
To prove written foreign law: follow requirements in

Sec 24-25, Rule 132
May be subject of judicial admission
Processual presumption - no proof nor admission,

foreign law presumed to be the same as that in the
Philippines
To prove unwritten foreign law Sec 46, Rule 130
Section 4 JUDICIAL ADMISSIONS
azereth
page 3
PCIB vs. Escolin (1974)

When the parties in a case agree on what the foreign
law provides, these are admissions of fact which the other
parties and the court are made to rely and act upon; hence
they are in estoppel to subsequently take a contrary position
Admissibility of Evidence
Evidence
a.
Rule 130 Rules of Admissibility
b.
A. OBJECT (REAL) EVIDENCE

SECTION 1 - OBJECT AS EVIDENCE
Objects as evidence are those addressed to the senses
of the court. When an object is relevant to the fact in
issue, it may be exhibited to, examined or viewed by
the court.
Where object is relevant to a fact in issue, court may

acquire knowledge by:
1.
Actually viewing the object becomes object
evidence
2.
Receiving testimonial evidence thereon
The fact that an ocular inspection has been held does not
preclude a party from introducing other evidence on the
same issue
Ocular inspection lies within the discretion of the

court
Invalid if conducted by a judge without notice

or presence of the parties
Court may refuse introduction of object evidence and rely
on testimonial evidence alone if:
1.
Exhibition of such object is contrary to public policy,
morals or decency
But if view is necessary in the interest of

justice, may still be exhibited but the court
may exclude the public from such view
Viewing may not be refused if the indecent or

immoral object constitute the very basis for
the criminal or civil action
2.
To require its being viewed in court or in an ocular
inspection would result in delays, inconvenience,
and expenses out of proportion to the evidentiary
value of such object
3.
Such object evidence would be confusing or
misleading
4.
Testimonial or documentary evidence already
presented clearly portrays the object in question as
to render a view unnecessary
Object evidence includes any article or object which
may be known or perceived by the use of any of the
senses sight (visual), hearing (auditory), touch
(tactile), taste (gustatory), or smell (olfactory)
Includes:
1.
Examination of the anatomy of a person or of
any substance taken therefrom
2.
Conduct
of
tests,
demonstrations,
or
experiments
3.
Examination of representative portrayals of the
object in question
Observations of the court may be amplified by
interpretations
afforded
by
testimonial
evidence,
especially be experts
Documents are considered object evidence if the purpose
is to:
1.
Prove their existence or condition or the nature
of the handwritings thereon
2.
Determine the age of the paper used or the
blemishes or alterations thereon
Otherwise, considered documentary evidence
B. DOCUMENTARY EVIDENCE
Section 2 DOCUMENTARY EVIDENCE
Documents as evidence consists of writings or any
material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered
as proof of their contents
c.
d.
Section 4 ORIGINAL OF DOCUMENT

a.
The original of a document is one the contents of
which are the subject of inquiry.
b.
When a document is in two or more copies
executed at or about the same time, with identical
contents, all such copies are equally regarded as
originals.
c.
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.
azereth
page 4
Document deed, instrument or other duly authorized

paper by which something is proved, evidenced, or set
forth
Best Evidence Rule rule of exclusion
Secondary
evidence
cannot
inceptively
be
introduced as the original writing itself must be
produced in court
Non-production of the original document, unless

justified under Sec 3, gives rise to the presumption
of suppression of evidence
Applies only when the content of such document is

the subject of inquiry
In criminal cases where the issue is not only with

respect to the contents of the document but also as
to whether such document actually existed with the
participation therein as imputed to the accused, the
original itself must be presented.
Libel published in a newspaper: copy of said

newspaper
Falsification of a document: original of the

document
Does not apply if transactions have been recorded

in writing but the contents of such writing are not
the subject of inquiry
Affidavits and depositions strictly speaking,

BER does not apply, but will not be admitted if
affiants or deponents are available as
witnesses
Mahilum vs. CA (1966)

A signed carbon copy or duplicate of a document
executed at the same time as the originals is known as a
duplicate original and may be introduced in evidence without
accounting for the non-production of the original.
People vs. Tan (105 Phil 1242)
With respect to documents prepared in several copies
through the use of carbon sheets, SC has held that each
carbon copy is considered an original provided that the writing
of a contract upon the outside sheet, including the signature
of the party sought to be charged thereby, produces a
facsimile upon the sheets beneath, such signature being thus
reproduced by the same stroke of the pen which made the
surface or exposed impression
1. BEST EVIDENCE RULE

Section 3 ORIGINAL DOCUMENT MUST BE PRODUCED;
EXCEPTIONS
When the subject of inquiry is the contents of a
document, no evidence shall be admissible other than
the original document itself, except in the following
cases:
When the original has been lost or destroyed, or

cannot be produced in court, without bad faith on
the part of the offeror;
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;
When the original consists of numerous accounts
or other documents which cannot be examined in
court without great loss of time and the fact sought
to be established from them is only the general
result of the whole; and
When the original is public record in the custody of
a public officer or is recorded in a public office
However, even if said signature on each copy was written

through separate acts, all of carbon copies are regarded
as originals if each copy was intended as a repository of
the same legal act of the party thereto
Imperfect carbon copies merely secondary evidence
Telegrams and cables depends on the issue to be
proved
Original dispatch issue is the contents of the

telegram as received by the addressee
Message delivered for transition issue as to the

telegram sent by the sender
Evidence
Both issue is the inaccuracy of the transmission
Provincial Fiscal of Pampanga vs. Reyes (55 Phil 905)

On the issue as to the contents of the articles sent by
the accused for publication, the manuscript was the best
evidence; but on the issue as to what was actually published,
a copy of the newspaper publication was the best evidence.
2. SECONDARY EVIDENCE
Section
5
WHEN
ORIGINAL
DOCUMENT
IS
UNAVAILABLE
When the original document has been lost or destroyed,
or cannot be produced in court, the offeror, upon proof
of its execution or existence and the cause of its
unavailability without bad faith on his part, may prove
its contents by a copy, or by a recital of its contents in
some authentic document, or by the testimony of
witnesses in the order stated.
Requisites: proof by satisfactory evidence of

1.
Due execution of the original
Proved through the testimony of either:

a.
Person/s who executed it;
b.
Person before whom its execution was
acknowledged; or
c.
Any person who was present and saw it
executed and delivered or who thereafter
saw it and recognized the signatures, or
one to whom the parties thereto had
previously
confessed
the
execution
thereof
2.
Loss, destruction or unavailability of all such
originals, not due to bad faith
Intentional destruction of the originals by a

party who, however, had acted in good faith
does not preclude his introduction of secondary
evidence of the contents thereof
May be proved by any person who:

a.
Knew of fact of loss or destruction
b.
Had made a sufficient examination of the
places where the document or papers of
similar character are usually kept by the
person in whose custody the document
was and has been unable to find it
c.
Has made any other investigation which is
sufficient to satisfy the court that the
document is indeed lost
3.
Reasonable diligence and good faith in the search or
attempt to produce the original
All duplicates or counterparts must be accounted for

before using copies thereof
De Vera vs. Aguilar (1993)

Since all the duplicates or multiplicates are parts of the
writing to be proved, no excuse for non-production of the
document can be regarded as established until it appears that
all of its parts are unavailable
PNB vs. Olila (98 Phil 1002)
When the original is outside the jurisdiction of the court,
as when it is in a foreign country, secondary evidence is
admissible
Secondary evidence may consist of:

1.
Copy of said document
2.
Recital of its contents in an authentic document
3.
Recollection of witnesses
In this particular order
Except when specifically required by law
E.g. lost notarial will testimony of at

least 2 credible witnesses
Reconstitution governed by Act 3110 + jurisprudence
Section 6 WHEN ORIGINAL DOCUMENT IS IN

ADVERSE PARTYS CUSTODY OR CONTROL
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 the document,
secondary evidence may be presented as in the case of
its loss
azereth
page 5
Section 8 PARTY WHO CALLS FOR DOCUMENT NOT

BOUND TO OFFER IT
A party who calls for the production of a document and
inspects the same is not obliged to offer it as evidence
Evidence
No particular form of notice is required
As long as it fairly appraises the other party as to

what papers are desired
Even oral demand in court is allowed
Made on a reasonable time

Notice must be given to the adverse party or his counsel
even if papers is in the hands of a third person
Phil. Ready-Mix Concrete Co. vs. Villacorta, et al (98

Phil 993)
Where receipt of the original of a letter is acknowledged
on a carbon copy thereof, there is no need for a notice to the
other party to produce the original of the letter
Remember: the duplicate copy, if complete is itself an

original copy
Only issue: receipt of the original

Justified refusal of the adverse party to produce the
document presumption of suppression of evidence
Only authorizes the introduction of secondary

evidence
Where such document is produced admissibility
Requisites for admissibility must be present

Production of evidence under Rule 130 Production of
evidence under Rule 27
Warner, Barnes & Co., Ltd. vs. Buenaflor (36 OG 3290)

Where the nature of the action is in itself a notice, as
where it is for the recovery or annulment of documents
wrongfully obtained or withheld by the other party, no notice
to produce said documents is required
Third exception to BER justified not only by the fact

that the records are voluminous but also because the
fatum probandum is just the general result of the whole
For exception to apply

1.
The voluminous character of the records must
be established
2.
Such records must be made available to the
adverse party so that their correctness may be
tested on cross-examination
Originals have to be produced if:
Detailed contents of the records are challenged

for being hearsay1
Issues are raised as to the authenticity or
correctness of the detailed entries
Section 7 EVIDENCE ADMISSIBLE WHEN ORIGINAL

DOCUMENT IS A PUBLIC RECORD
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
Complements the 4th exception to BER
See Rule 132 Sections 24 and 27
3. PAROL EVIDENCE RULE

Section 9 EVIDENCE OF WRITTEN AGREEMENTS
When the 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 written agreement if he
puts in issue in his pleading:
a.
An intrinsic ambiguity, mistake or imperfection in
the written agreement;
b.
The 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.
The existence of other terms agreed to by the
parties or their successors in interest after the
execution of the written agreement.
The term "agreement" includes wills.
US vs. Razon (37 Phil 856)
azereth
page 6
De Guzman vs. Calma (100 Phil 1008)

Parol evidence is based upon the consideration that
when the parties have reduced their agreement on a particular
matter into writing, all their previous and contemporaneous
agreements on the matter are merged therein
Evidence
Parol evidence evidence aliunde (oral or written)
Intended or tends to vary or contradict a complete

and enforceable agreement embodied in a
document
Best Evidence
Presupposes that the original

document is available in
court
Situation wherein the original

writing is not available and/or
there is a dispute as to
whether
said
writing
is
original
Prohibits the varying of the

terms of a written agreement
Prohibits the introduction of

substitutionary evidence in
lieu of the original document
Applies only documents that

are contractual in nature
Applies to all kinds of writings
Can be invoked only when

the controversy is between
the parties to the written
agreement, their privies or
any party directly affected
thereby (cestui que trust)
Can be invoked by any party

to the action
Latent ambiguity when the writing on its face appears

clear and unambiguous but there are collateral matters
or circumstances which make the meaning uncertain
As long as they have been put into issue, parol evidence

did not bar evidence of a collateral agreement in
instances where:
Collateral agreement is not inconsistent with the

terms of the contract
Collateral agreement has not been integrated in and

is independent of the written contract (suppletory to
the original document)
Collateral agreement is subsequent to the written

contract
Collateral agreement constitutes a condition

precedent which determines whether the written
contract may become effective
Does not apply to a condition subsequent not

stated in the agreement
Parol evidence does not apply where at least one party to
the suit is not a party or privy of a party to the written
agreement in question
Parol Evidence
Or where the writing admits of two constructions

both of which are in harmony with the language
used6
To be admissible, mistake or imperfection of the

document or its failure to express the true intent and
agreement of the parties, or the validity of the document
must be put in issue by the pleadings
Plaintiff failed to allege in his complaint cannot

introduce parol evidence
But if defendant invoked such fact in his

answer, parol evidence may be introduced2
However, even if not raised on the pleadings but
parol evidence is not objected to, objection deemed
waived
Mistake or imperfection must be proved by clear
and convincing evidence3
Mistake refers to mistake of fact which is mutual to the

parties4
Or where the innocent party was imposed upon by

unfair dealing of the other
CC Art. 1363
When one party was mistaken and the other knew
or believed that the instrument did not state their
real agreement, but concealed that fact from the
former, the instrument may be reformed.
2
3
4
5
Failure to express true intent
Purpose: enable the court to ascertain the true

intent of the parties5 or the true nature of their
agreement
PNR vs. CFI of Albay (1978)

Tolentino vs. Gonzales Sy Chiam (50 Phil 558)
BPI vs. Fidelity & Surety Co. (51 Phil 57)
Tolentino vs. Gonzales Sy Chiam (50 Phil 558)
azereth
page 7
Ignacio vs. Rementeria (99 Phil 1054)
Evidence
Palanca vs. Fred Wilson & Co. (87 Phil 506)
The phrase capacity of 6,000 liters used in connection
with a distilling apparatus was held to be a latent
ambiguity which had to be clarified by parol evidence to
determine whether it meant receiving, treating, or the
producing capacity of the machine
Patent ambiguity extrinsic; such ambiguity which 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 is not admissible
Court would not be construing a contract, but

creating a contract for the parties
Intermediate ambiguity the words of the writing,
though seemingly clear and with a settled meaning, is
actually equivocal and admits of two interpretations7
Example: dollars may refer to currency of US or

HK or Australia
Ton can be long ton, short ton, displacement
ton, freight ton or timber ton
Parol evidence is admissible to clarify the ambiguity

Remember: falsa demonstration non nocet cum de
corpore constat
False description does not vitiate a document if the

subject is sufficiently identified
No express trust concerning an immovable or any
interest therein may be proved by parol evidence
Section 10 - INTERPRETATION OF A WRITING

ACCORDING TO ITS LEGAL MEANING
The language of a writing is to be interpreted according
to the legal meaning it bears in the place of its
execution, unless the parties intended otherwise.
Section 11 - INSTRUMENT CONSTRUED SO AS TO GIVE
EFFECT TO ALL PROVISIONS
In the construction of an instrument, where there are
several provisions or particulars, such a construction is,
if possible, to be adopted as will give effect to all.
Section 12 - INTERPRETATION ACCORDING TO
INTENTION; GENERAL AND PARTICULAR PROVISIONS
In the construction of an instrument, the intention of
the parties is to be pursued; and when a general and a
particular provision are inconsistent, the latter is
paramount to the former. So a particular intent will
control a general one that is inconsistent with it.
Section 13 - INTERPRETATION ACCORDING TO
CIRCUMSTANCES
For the proper construction of an instrument, the
circumstances under which it was made, including the
situation of the subject thereof and of the parties to it,
may be shown, so that the judge may be placed in the
position of those whose language he is to interpret.
Section 14 - PECULIAR SIGNIFICATION OF TERMS
The terms of a writing are presumed to have been used
in their primary and general acceptation, but evidence
is admissible to show that they have a local, technical,
or otherwise peculiar signification, and were so used
and understood in the particular instance, in which case
the agreement must be construed accordingly.
Section 15 - WRITTEN WORDS CONTROL PRINTED
When an instrument consists partly of written words
and partly of a printed form, and the two are
inconsistent, the former controls the latter.
Section 16 - EXPERTS AND INTERPRETERS TO BE USED
IN EXPLAINING CERTAIN WRITINGS
When the characters in which an instrument is written
are difficult to be deciphered, or the language is not
understood by the court, the evidence of persons skilled
in deciphering the characters, or who understand the
language, is admissible to declare the characters or the
meaning of the language.
Section 17 - OF TWO CONSTRUCTIONS, WHICH

PREFERRED
When the terms of an agreement have been intended in
a different sense by the different parties to it, that
sense is to prevail against either party in which he
supposed the other understood it, and when different
constructions of a provision are otherwise equally
proper, that is to be taken which is the most favorable
to the party in whose favor the provision was made.
Section 18 - CONSTRUCTION IN FAVOR OF NATURAL
RIGHT
When an instrument is equally susceptible of two
interpretations, one in favor of natural right and the
other against it, the former is to be adopted.
Section 19 - INTERPRETATION ACCORDING TO USAGE
An instrument may be construed according to usage, in
order to determine its true character.
C. TESTIMONIAL EVIDENCE
1. QUALIFICATION
Referred to in American jurisprudence
azereth
page 8
OF
WITNESSES
Section 20 - WITNESSES; THEIR QUALIFICATIONS

Except as provided in the next succeeding section, all
persons who can perceive, and perceiving, can make
their known perception to others, may be witnesses.
Religious or political belief, interest in the outcome of
the case, or conviction of a crime unless otherwise
provided
by
law,
shall
not
be
ground
for
disqualification.
Section 21 - DISQUALIFICATION BY REASON OF
MENTAL INCAPACITY OR IMMATURITY
The following persons cannot be witnesses:
a.
Those whose mental condition, at the time of
their production for examination, is such that
they are incapable of intelligently making
known their perception to others;
b.
Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
relating them truthfully.
Qualifications/disqualifications of witnesses - determined

as of the time the witnesses are produced for
examination in court or at the taking of their depositions
Children of tender years take into account their

competence at the time of the occurrence to be
testified
Interest in the subject matter does not disqualify
Affects only his credibility, not his competency
Except: Dead Mans Statute

Defendant declared in default not disqualified from
testifying fro his non-defaulting co-defendant
Conviction of a crime not ground for disqualification
But must answer to the fact of a previous final

conviction as it may affect credibility
Except: conviction of falsification of a document,

perjury or false testimony disqualified from being
witnesses to a will, therefore cannot testify on
probate
Unsound mind any mental aberration whether
organic or functional or induced by drugs or hypnosis
At the time of the testimony
If at the time of the fact to be testifies affects only

his credibility
People vs. De Jesus (1984)

As long as the witness can convey ideas by words or
signs and give sufficiently intelligent answers to questions
propounded, she is a competent witness even if she is feebleminded
Rules on interpretation
For contracts: CC Articles 1370 to 1379
For wills: CC Articles 788 to 794
Or a mental retardate, or is a schizophrenic

Requirements for deaf-mutes:
1.
Can understand and appreciate the sanctity of an
oath
Evidence
2.
3.
Can comprehend facts they are going to testify to

Can communicate their ideas through a qualified
interpreter
Considerations for a child witness:
1.
Capacity at the time the fact to be testified occurred
such that he could receive correct impressions
thereof
2.
Capacity to comprehend the obligation of an oath
3.
Capacity to relate those facts truly at the time he is
offered a witness
Section 22 DISQUALIFICATION BY REASON OF

MARRIAGE
During their marriage, neither the husband nor the wife
may testify for or against the other without the consent
of the affected spouse, except in a civil case by one
against the other, or in criminal case for a crime
committed by one against the other or the latters
direct descendants and ascendants
Called rule on marital disqualification or spousal

immunity
Requisites:
1.
Marriage is valid and existing as of the time of the
offer of testimony
2.
The other spouse is a party to the action
May be waived as in the case of other witnesses
generally
Lezama vs. Rodriguez (1968)

Where the wife is a co-defendant in a suit charging her
and her husband with collusive fraud, she cannot be called as
an adverse party witness under (Sec 10, Rule 132) as this will
violate the marital disqualification rule.
Section 23 DISQUALIFICATION BY REASON OF DEATH
OR INSANITY OF ADVERSE PARTY
Parties or assignors of parties 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 such deceased
person or a 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
Dead man statute

Dead Man Statute
Marital Disqualification
Rule
Partial disqualification
Disqualified only to testify

as
matter
of
facts
occurring before the death
of deceased person or
before deceased person
became of unsound mind
Complete disqualification
Applies only to civil case or

special proceeding over the
estate of deceased / insane
person
Applies to civil or criminal

case
Requisites:
1.
Witness offered for examination is a party plaintiff,
or the assignor of said party, or a person in whose
behalf a case is prosecuted
Plaintiff must be the real party in interest
Not applicable to mere witnesses
Assignor one who transferred his interests in

a case
Assignee not disqualified
Does not apply where a counterclaim has been

interposed by the defendant as the plaintiff
would thereby be testifying in his defense
Also if deceased contracted through an agent

2.
Case is against the executor or administrator or
representative of the deceased or insane person
azereth
page 9
Necessary that defendant is being sued in his

representative capacity and not in individual
capacity
If property involved has already been

adjudicated to the heirs, still protected
considered as representatives of the deceased
Applies whether the deceased died before or

after the suit was filed as long as he was dead
at the time the testimony is to be presented
3.
Case is upon a claim or demand against the estate
of such deceased / insane person
Does not apply where it is the administrator

who brought the action to recover property for
the estate
4.
Testimony to be given is on a matter of fact
occurring before the death of such deceased person
or before such person became of unsound mind
Negative testimony testimony that the fact

did not occur during the lifetime of the
deceased not covered
Testimony of the present possession by the

witness of a written instrument signed by the
deceased is also not covered
Maam: misleading because the document

contains acts of the deceased before he
died
Does not apply to land registration cases or cadastral
cases
Purpose: discourage perjury and protect the estate from
fictitious claim
Prohibition does not apply despite meeting all
requirements if:
1.
Testimony is offered to prove a claim less than what
is established under a written document
2.
Testimony is intended to prove a fraudulent
transaction of the deceased, provided such fraud is
first established by evidence aliunde
Disqualification waived:
1.
Defendant does not timely object to the admission
of such evidence
2.
Defendant testifies on the prohibited matters
3.
Defendant cross-examines thereon
Section 24 DISQUALIFICATION BY REASON OF

PRIVILEGED COMMUNICATION
The following persons cannot testify as to matters
learned in confidence in the following cases:
a.
The husband or the wife, during or after the
marriage, cannot be examined without the consent
of the other as to any communication received in
confidence by one from the other during the
marriage, except in a civil case by one against the
other or in a criminal case for a crime committed
by one against the other or the latters direct
descendants or ascendants;
b.
An attorney cannot, without the consent of his
client, be examined as to any communication made
by the client to him, or his advice given thereon in
the course of, or with a view to professional
employment, nor can the attorneys secretary,
stenographer or clerk be examined without the
consent of the client and his employer, concerning
any fact the knowledge of which has been acquired
in such capacity;
c.
A person authorized to practice medicine, surgery
or obstetrics cannot in a civil case, without the
consent of the patient, be examined as to any
advice or treatment given by him or any
information which he may have acquired in
attending such patient in a professional capacity,
which information was necessary to enable him to
act in that capacity, and which would blacken the
reputation of the patient;
d.
A minister or priest cannot, without the consent of
the person making the confession, be examined as
to any confession made to or any advice given by
him in his professional character in the course of
discipline enjoined by the church to which the
minister or priest belongs;
e.
A public officer cannot be examined during his
term of office or afterwards, as to any
communications made to him in official confidence,
Evidence
when the court finds that the public interest would
suffer by the disclosure.
Objections can only be made by the persons protected

and may be waived by the same persons expressly or
impliedly
Marital Privilege
Requisites for marital privilege:

1.
There was a valid marital relations
2.
Privilege was invoked with respect to a
confidential
communication
between
the
spouses during the said marriage
3.
Spouse against whom the testimony is given
did not give his/her consent
Privilege cannot be claimed to confidential matters given

before the marriage
Privilege cannot be invoked if the communication was not

intended to be confidential
If third person heard the communication, such person is

not covered by the prohibition
But if person is the agent of one spouse, covered by

the prohibition
Marital Privilege
Marital Disqualification
Can be claimed WON the

spouse is a party to the
action
Can be invoked only if the

spouse is a party to the
action
Can be claimed even after

the
marriage
has
been
dissolved
Can
only
apply
if
the
marriage is existing at the
time the testimony is offered
Applies only to confidential

communications between the
spouses
Constitutes a total prohibition

against any testimony for or
against the spouse of the
witness
Attorney Client Privilege
Requisites:
1.
There is an attorney-client relation
2.
Privilege is invoked with respect to a confidential
communication between them in the course of
professional employment
3.
Client has not given his consent to the disclosure of
the communication
Attorney must have been consulted in his professional

capacity even if pro bono
Preliminary communications made for the purpose of

creating attorney-client relationship are within the
privilege
Communications include verbal statements, papers,

document or even actions
Does not apply to communication:

1.
Intended to be made public
2.
Intended to be communicated to others
3.
Intended for an unlawful purpose
4.
Received from third persons not acting as agent of
the client
5.
Made in the presence of third persons who are
strangers to the attorney-client relationship
Period to be considered is that date when the

communication was made
In determining whether past or future crime
Communication having to do with a future crime is

not covered by the privilege
If attorney is a co-conspirator to the crime, privilege not

applicable
Physician Patient Privilege
Requisites:
1.
Physician is authorized to practice medicine, surgery
or obstetrics
2.
Information was acquired or the advice or treatment
was given by him in his professional capacity for the
purpose of treating or curing the patient
3.
Information, advice or treatment, if revealed, would
blacken the reputation of the patient
4.
Privilege is invoked in a civil case, whether the
patient is a party thereto or not
Not necessary that the relationship was created by the

voluntary act of the patient may have been acquired by
another
E.g. patient in extremis
Privilege extends to all forms of communication, advice

or treatment
azereth
page 10
Evidence
Includes information acquired by the physician

through his observations and examinations of the
patient
Does not apply where:
1.
Communication not given in confidence
2.
Communication is irrelevant to the professional
employment
3.
Communication was made for an unlawful purpose
4.
Information was intended to be made public
5.
There was a waiver of the privilege either by
provisions of contract or law
Rule 28 PHYSICAL AND MENTAL EXAMINATION OF
PERSONS
Section 4 WAIVER OF PRIVILEGE
By requesting and obtaining a report of the
examination so ordered or by taking the deposition
of the examiner, the party examined waives any
privilege he may have in that action or any other
involving the same controversy, regarding the
testimony of every other person who has examined
or may thereafter examine him in respect of the
same mental or physical examination
Minister/Priest Penitent Privilege
Requires that communication was made pursuant to a

religious duty enjoined in the course of discipline of the
sect or denomination
Must be confidential in character
E.g. under the seal of the confessional

Privileged Communications as to Public Officials
Requisites:
1.
It was made to the public officer in official
confidence
2.
Public interest would suffer by the disclosure of the
communication
Others
RA 53, as amended by RA 1477
Publisher, editor or duly accredited reporter of any

newspaper, magazine or periodical of general
circulation cannot be compelled to revel the
source of any news report which was related to him
in confidence
Unless the court or a House or committee of

Congress finds that such revelation is demanded by
the security of the State
Article 233 of Labor Code
All information and statements made at conciliation

proceedings shall be treated as privileged
communications and shall not be used as evidence
in the NLRC, and the conciliators and similar officials
shall not testify in any court or body regarding the
matter taken up at the conciliation proceedings
conducted by them
Alternative Dispute Resolution Act (RA 9285)
Sec 9 (a) Information obtained through mediation

shall be privileged and confidential
2. TESTIMONIAL PRIVILEGE
Section 25 - PARENTAL AND FILIAL PRIVILEGE
No person may be compelled to testify against his
parents, other direct ascendants, children or other
direct descendants.
Disqualification by reason of relationship

Filial privilege - not correctly a rule of disqualification, as
the descendant was not incompetent to testify against
his ascendants, but was actually a privilege not to testify
Art. 215, FC
No descendant shall be compelled, in a criminal
case,
to
testify
against
his
parents
and
grandparents, except when such testimony is
indispensable in a crime against the descendant or
by one parent against the other.
Both parental and filial privileges are granted to any

person
azereth
page 11
Can be invoked in any case against any of his

parents, direct descendants, children or direct
ascendants
Evidence
3. ADMISSIONS
AND
CONFESSIONS
Section 26 - ADMISSION OF A PARTY

The act, declaration or omission of a party as to a
relevant fact may be given in evidence against him.
Admission any statement of fact made by a party

against his interest or unfavorable to the conclusion for
which he contends or is inconsistent with the facts
alleged by him
Admissions
Confessions
Statement of fact which does

not
involve
an
acknowledgement of guilt or
liability
Involves
an
acknowledgement of guilt or
liability
May be express or tacit
Must be express
May be made by third

persons and, in certain cases,
are admissible against a
party
Can be made only by the

party himself and, in certain
cases, are admissible against
his co-accused
To be admissible, an admission must:

1.
Involve matters of fact, not of law
2.
Be categorical and definite
3.
Be knowingly and voluntarily made
4.
Be adverse to the admitters interest
Otherwise
would
be
self-serving
and
inadmissible
Judicial admission one made in connection with a
judicial proceeding in which it is offered
Extrajudicial admission any other admission
People vs. Aling (1980)

Facts: Norija Mohamad was stabbed in the chest and
diaphragm and she died two days later in the hospital. Girlie
Aling and Norijas daughter Daria brought Norija to the
hospital. They learned from the police that Norija was stabbed
by her husband Airol Aling. Aling was investigated by the
police and he declared in Chavacano dialect that he killed his
wife because he was informed in prison by his relatives that
his wife was fooling around with other men. Aling was charged
with parricide and during arraignment, he pleaded guilty
although he had no lawyer. A counsel de oficio was appointed
for him. When he was again arraigned, he pleaded guilty with
the assistance of counsel. Aling was placed on the witness
stand and examined by his counsel and after being informed
that the penalty for parricide is death or life imprisonment,
Aling still admitted killing his wife.
Issue: WON the marriage of Aling and Norija was proven
Held: Yes
Ratio: The testimony of Aling that he was married to Norija is
an admission against his penal interest. It was a confirmation
of the maxim simper praesumitur matrimonio and the
presumption that a man and a woman deporting themselves
to be husband and wife have entered into a lawful contract of
marriage.
Admissions
Declarations Against
Interest
Need not be made against

the proprietary or pecuniary
interest of the parties
But if so made, it will greatly
enhance its probative weight
Must have been made against

the proprietary or pecuniary
interest of the parties
Made by the party himself,

and, is a primary evidence
and competent though he be
present in court and ready to
testify
Must have been made by the

person
who
is
either
deceased or unable to testify
Can be made anytime
Made ante litem motam
Self-serving declaration one which has been made

extrajudicially by a party to favor his interests
Not admissible in evidence
azereth
page 12
Does not include his testimony as a witness in court

Cannot be considered self-serving if it was not made
in anticipation of a future litigation
People vs. Bocasas (1985)

Flight from justice is an admission by conduct and
circumstantial evidence of consciousness of guilt
The act of repairing a machine, bridge or other facility

after an injury has been sustained therein is not an
implied admission of negligence by conduct
Merely a measure of extreme caution
Section 27 - OFFER OF COMPROMISE NOT ADMISSIBLE

In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible in
evidence against the offeror.
In criminal cases, except those involving quasi-offenses
(criminal negligence) or those allowed by law to be
compromised, an offer of compromised by the accused
may be received in evidence as an implied admission of
guilt.
A plea of guilty later withdrawn, or an unaccepted offer
of a plea of guilty to lesser offense, is not admissible in
evidence against the accused who made the plea or
offer.
An offer to pay or the payment of medical, hospital or
other expenses occasioned by an injury is not
admissible in evidence as proof of civil or criminal
liability for the injury.
Offer of compromise (civil case) not a tacit admission

of liability and cannot be proved over the objection of the
offeror
Offer of compromise (criminal case) implied admission
of guilt
But accused is permitted to prove that offer was not

made under consciousness of guilt but merely to
avoid risks of criminal action against him
Offer of compromise (violation of internal revenue law)
not admissible in evidence
People vs. Amiscua (1971)

In a rape case, an offer to compromise for a monetary
consideration, and not to marry the victim, is an implied
admission of guilt
People vs. Manzano (1982)
In a rape case, the attempt of the parents of the
accused to settle the case with the complainant was
considered an implied admission of guilt.
People vs. Valdez (1987)
An offer of marriage by the accused during the
investigation of the rape case is also an admission of guilt
Criminal cases involving criminal negligence or quasioffenses are allowed to be compromised, hence an offer
of settlement is not an admission of guilt
Offer to pay or the actual payment of medical bills by
reason of victims injuries not admissible to prove civil
or criminal liability
Section 28 - ADMISSION BY THIRD PARTY

The rights of a party cannot be prejudiced by an act,
declaration, or omission of another, except as
hereinafter provided.
First branch of res inter alios acta alteri nocere non debet
Exceptions: third person is a partner, agent, or has joint
interest with the party, or is a co-conspirator or a privy
of the party
People vs. Valero (1982)

Facts: Michael and Annabel, children of Ceferino Velasco, died
of poisoning after eating bread containing endrin, a
commercial insecticide. Their sister Imelda would have also
died if not for the timely medical assistance given to her. At
about the same time, 3 puppies of Velasco under the balcony
where the children ate the bread also died of poisoning.
Earlier that morning, Velasco was seen throwing poisoned rats
in the river near his house.
Evidence
The evidence of the prosecution shows that the poisoned
bread was given to the children by Alfonso Valero alias Pipe,
deaf-mute brother of accused Lucila Valero, and that it was
Lucila who gave Alfonso the bread to be delivered to the
children. Lucila denies the allegation. The evidence of the
defense tends to show that the children might have eaten one
of the sliced poisoned bread used by their father in poisoning
the rats.
3/9 witnesses for the prosecution:
1.
Rodolfo Quilang testified that he saw Lucila deliver
something wrapped in a piece of paper to Alfonso and
instructed him by sign language to deliver the same to
the Velasco children. He never saw what was inside the
piece of paper. His testimony as to WON he saw the
parcel delivered to the children was a series of
contradictions. He is what the defense counsel calls and
eleventh-hour witness
2.
Federico Jaime and Ceferino Velasco did not see Lucila
deliver to Alfonso the alleged parcel, as well as the
alleged instruction. Both claimed that they learned the
information from Pipe after interviewing him by means of
sign language. Testimony of Jaime was confusing. There
is nothing in the testimony of Velasco indicating that
Alfonso pointed to Lucila as the source of the poisoned
bread.
Issue: WON the testimonies of Jaime and Velasco may be
admitted
Held: No
Ratio: The evidence is pure hearsay. It violates the principle
of res inter alios acta. Alfonso, who was the source of the
information, was never presented as a witness either for the
defense or the prosecution. Testimony of Velasco cannot be
considered as part of res gestae because when the
information was allegedly obtained by Velasco from Alfonso,
nobody was poisoned yet. With regard to the testimony of
Jaime, there is no showing that the revelation was made by
Alfonso under the influence of a startling occurrence.
The failure of the defense counsel to object to the
presentation of incompetent evidence does not give such
evidence probative value. The lack of objection may make any
incompetent evidence admissible. But admissibility of
evidence should not be equated with weight of evidence.
Hearsay evidence whether objected to or not has no probative
value
Section 29 - ADMISSION BY CO-PARTNER OR AGENT
The act or declaration of a partner or agent of the party
within the scope of his authority and during the
existence of the partnership or agency, may be given in
evidence against such party after the partnership or
agency is shown by evidence other than such act or
declaration. The same rule applies to the act or
declaration of a joint owner, joint debtor, or other
person jointly interested with the party.
Requisites:
1.
That the partnership, agency or joint interest is
established by evidence other than the act or
declaration
2.
That the act/declaration must have been within the
scope of the partnership, etc.
3.
Such act/declaration must have been made during
the existence of the partnership, etc.
Admissions made in connection with the winding up
still admissible
Admission by counsel admissible against client (agentprincipal)
Limitation:
1.
admission should not amount to a compromise
2.
admission should not amount to a confession
of judgment
Jaucian vs. Querol

The phrase joint debtor does not refer to a mere
community of interest but should be understood according to
its meaning in the common law system from which the
provision was taken, that is, in solidum, and not
mancomunada
Section 30 - ADMISSION BY CONSPIRATOR

The act or declaration of a conspirator relating to the
conspiracy and during its existence, may be given in
evidence
against
the
co-conspirator
after
the
conspiracy is shown by evidence other than such act of
declaration.
People vs. Serrano
This rule applies only to extrajudicial acts or statements
and not to testimony given on the witness stand at the trial
where the party adversely affected thereby has the
opportunity to cross-examine the declarant.
An admission by a conspirator is admissible against his
co-conspirator if:
1.
Such conspiracy is shown by evidence aliunde
2.
Admission was made during the existence of the
conspiracy
3.
Admission relates to the conspiracy itself
These are not required in admissions during the trial as the
co-accused can examine the declarant.
azereth
page 13
Judicial admissions - admissions after the conspiracy has

ended
Existence of conspiracy may be inferred from
1.
Acts of the accused
2.
Confessions of the accused
3.
By prima facie proof thereof
People vs. Alegre (1976)

Where there is no independent evidence of the alleged
conspiracy, the extrajudicial confession of an accused cannot
be used against his co-accused as the res inter alios rule
applies to both extrajudicial confessions and admissions
Extrajudicial admission made by a conspirator after the

conspiracy has ended and even before trial not
admissible against co-conspirator
Except:
1.
If made in the presence of the coconspirator who expressly or impliedly
(tacit admission, Rule 130.32) agreed
therein
2.
Where the facts stated in the said
admissions are confirmed in the individual
extrajudicial confessions made by the coconspirators after their apprehension
3.
as a circumstance to determine the
credibility of a witness
4.
as circumstantial evidence to show the
probability
of
the
co-conspirators
participation in the offense
People vs. Ola (1987)

In order that the extrajudicial statements of a coaccused may be taken into consideration in judging the
testimony of a witness, it is necessary that the statements are
made by several accused, the same are in all material
respects identical, and there could have been no collusion
among said co-accused in making such statements.
Section 31 - ADMISSION BY PRIVIES
Where one derives title to property from another, the
act, declaration, or omission of the latter, while holding
the title, in relation to the property, is evidence against
the former.
1st exception to Section 28

Word omission in Section 28 doesn't appear here
Because if it was, can become vague (same as with

Section 30)
It only appears in Section 31: admission by privies
What predecessors didn't do is binding on you

= this is the rationale in including the word
omission in Section 31
GR: admission of some1 else shouldn't be taken against
you
But Section 29 is an exception: admission of another can
be taken against you fair?
Requisites:
1.
There must be a relation of privity between the
party and the declarant
Evidence
2.
The admission was made by the declarant, as

predecessor in interest, while holding title to the
property
3.
The admission is in relation to said property
Privity in estate may have arisen by succession, by acts
mortis causa or by acts inter vivos
Section 32 - ADMISSION BY SILENCE

An act or declaration made in the presence and within
the hearing or observation of a party who does or says
nothing when the act or declaration is such as naturally
to call for action or comment if not true, and when
proper and possible for him to do so, may be given in
evidence against him.
1.
2.
3.
4.
Requisites to be admissible against a party:

1.
He must have heard or observed the act or
declaration of the other person
2.
He must have had the opportunity to deny it
3.
He must understood the statement
4.
He must have an interest to object, such that he
would naturally have done so, if the statement was
not true
5.
The facts were within his knowledge
6.
The fact admitted or the inference to be drawn from
his silence is material to the issue
Applies where a person is surprised or even if he is
already in the custody of the police
Voluntary participation in the reenactment of the

crime conducted by police is considered tacit
admission of complicity
But to be given weight, the validity and

efficacy of the confession must first be shown
Section 12, Article III, 1987 Constitution
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.
No torture, force, violence, threat, intimidation, or
any other means which vitiate free will shall be
used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention
are prohibited
Any confession or admission obtained in violation
of this or Section 17 hereof shall be inadmissible in
evidence against him.
The law shall provide for penal and civil sanctions
for violations of this section as well as
compensation to and rehabilitation of victims of
torture or similar practices and their families.
Section 17, Article III, 1987 Constitution
No person shall be compelled to be a witness
against himself
Rule does not apply:
if the statements adverse to the party were made

in the course of an official investigation
Or where the party had a justifiable reason to

remain silent (e.g. acting on advice of counsel)
Keep in mind that a person under investigation for the
commission of a crime has the right to remain silent and
to be informed of that right
Rule applies to adverse statements in writing if the party
was carrying on a mutual correspondence with the
declarant
If no such mutual correspondence, rule is relaxed
Theory: a prompt response can generally not

be expected if the party still has to resort to a
written reply, as opposed to a statement orally
made
Section 33 CONFESSION
The declaration of an accused acknowledging his guilt
of the offense charged, or of any offense necessarily
included therein, may be given in evidence against him.
azereth
page 14
Confession categorical acknowledgement of guilt made

by an accused in a criminal case, without any
exculpatory statement or explanation
If there is an allegation of a justification for the act,

merely an admission
Confession of judgment made in a civil case where the
party expressly admits his liability
Confession can be made orally or in writing
Evidence
Ii in writhing need not be under oath

Judicial confession one made before a court in which
the case is pending and in the course of legal
proceedings therein
By itself, can sustain a conviction

Extrajudicial confession one made in any other place or
occasion and cannot sustain a conviction unless
corroborated by evidence of the corpus delicti
Rule
133,
Section
3
EXTRAJUDICIAL
CONFESSION, NOT SUFFICIENT GROUND FOR
CONVICTION
An extrajudicial confession made by an accused,
shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti.
Requisites for admissibility

1.
Confession must involve an express and categorical
acknowledgement of guilt
2.
Facts admitted must be constitutive of an offense
3.
Confession must have been given voluntarily
4.
Confession must have been intelligently made, the
accused realizing the importance of his act
5.
No violation of Sec 12, Art III of the Constitution
People vs. Garcia (101 Phil 615)

Confessions are presumed to be voluntary and the onus
is on the defense to prove that it was involuntary for having
been obtained by violence, intimidation, threat or promise of
reward or leniency.
Indicia of voluntariness of confession

1.
contains details which the police could not have
supplied or invented
2.
contains details which could have been known only
to the accused
3.
contains statements which are exculpatory in nature
4.
contains corrections made by the accused in his
handwriting or with his initials
5.
accused sufficiently educated and aware of his the
consequences of his acts
6.
made in the presence of an impartial witness with
the accused acting normally on that occasion
7.
lack of motive on the part of the investigators to
extract a confession
8.
accused questioned the voluntariness of his
confession only on trial
9.
contents were affirmed by the accused in his
voluntary participation in the reenactment of the
crime
10. facts in confession were confirmed by other
subsequent facts
11. after confession, accused subjected to physical
examination and there were no signs of
maltreatment or accused never complained thereof
not applicable when accused failed to complain

because of a reasonable apprehension of
further maltreatment as he was still in the
custody of his torturers
Justifications for inadmissibility of involuntary confessions
1.
unreliable
2.
humanitarian considerations
3.
legal considerations of their violative of the
Constitution
But there were cases stating that involuntary admissions
are admissible if they contain the truth
No longer applies because of the ruling in Stonehill

vs. Diokno
Section 20, Article IV, 1973 Constitution
No person shall be compelled to be a witness
against himself. Any person under investigation for
the commission of an offense shall have the right
to remain silent and to counsel, and to be informed
of such right. No force, violence, threat,
intimidation, or any other means which vitiates the
free will shall be used against him. Any confession
in violation of this section shall be inadmissible in
evidence
If confession obtained before effectivity of 1973

Constitution (17 Jan 1973), admissible even without
informing the accused of his right to remain silent
azereth
page 15
Evidence
Draculan vs. Donato (1978)
Where, before the statement containing the extrajudicial
confession of guilt was taken, the accused was asked whether
he was familiar with the provisions of Sec 20, Art IV, 1973
Constitution and he answered in the affirmative, and the
statement which he signed states that he had been apprised
of his constitutional rights with the warning that anything he
would say might be used against him in court, such
extrajudicial confession is admissible
People vs. Tampus (1980)
Where the verbal extrajudicial confession was made
without counsel, but it was spontaneously made by the
accused immediately after the assault, the same is admissible,
not under the confession rule, but as part of the res gestae
People vs. Felipe (1981)
Where the accused was merely told of his constitutional
rights and asked if he understood what he was told, but he
was never asked whether he wanted to exercise or avail
himself of such rights, his extrajudicial confession is
inadmissible
People vs. Broqueza (1988)
Where the extrajudicial confession of the accused while
under custodial investigation was merely prefaced by the
investigator with a statement of his constitutional rights, to
which he answered that he was going to tell the truth, the
same is inadmissible as his answer does not constitute a
waiver of his right to counsel and he was not assisted by one
when he signed the confession. His short answer does not
show that he knew the legal significance of what were asked
of him
Morales, Jr. vs. Enrile (1983)
The waiver of the right to counsel during custodial
investigation must be made with the assistance of counsel
Requirement is now embodied in the 1987 Constitution
People vs. Jara (1986)

Where a confession was illegally obtained from two of
the accused and, consequently, are not admissible as against
them, with much more reason should the same be
inadmissible against a third accused who had no participation
therein
Promise of immunity or leniency vitiates a confession if

given by the offended party or by the fiscal
Not if given by a person whom the accused could

not have reasonably expected to be able to comply
with such promise (e.g. investigator who is not a
prosecuting officer) or could not bind the offended
party which was a corporation
US vs. Mercado (6 Phil 332)

Where the accused voluntarily made a second
extrajudicial confession after he has been maltreated in order
to extort the first confession, such second confession is
admissible only if it can be proved that he was already
relieved of the fear generated by the previous maltreatment
3)
People vs. Domantay (1999)

Facts: The body of six year old Jennifer Domantay, bearing
several stab wounds, was found sprawled amidst a bamboo
grove. The investigation by the police pointed to Bernardino
Domantay, cousin of the victims grandfather, as the lone
suspect in the crime. Police officers (Montemayor, De la Cruz
and De Guzman) picked up Domantay at the public market
and took him to the police station. Upon questioning by SPO1
Espinoza, Domantay confessed to the killing of Jennifer. He
also said that he had given the bayonet he used in the killing
to Casingal spouses, his aunt and uncle. The next day, SPO1
Espinoza and another policeman took Domantay to the
Casingal spouses where they recovered the bayonet.
The prosecution presented 7 witnesses:
1.
Edward Domantay testified that in the morning of the
incident, he was drinking with Caballero, Macasaeb and
Domantay. There, Domantay rolled up his shirt and said
that he will massacre somebody in their place. Edward
saw that tucked in the left side of Domantays waistline
was a bayonet without a cover handle. Edward has seen
that bayonet being carried by Domantay many times.
2.
Jiezl Domantay (10 years old) testified that at about
2pm, she saw Domantay and Jennifer walking towards
the bamboo grove where the body of Jennifer was later
found. Domantay was about 2 meters ahead of Jennifer.
3.
4.
5.
Entire confession must be admitted in evidence
But court may, in appreciating it, reject such

portions as are incredible
Camasura vs. Provost Marshal (78 Phil 131)

Where the extrajudicial confession was obtained by
maltreatment, the judgment based solely thereon is null and
void and the accused may obtain his release on a writ of
habeas corpus
The extrajudicial confession of an accused is binding only

upon him and is not admissible against his co-accused
Except if:
1) Co-accused impliedly adopted said confession
by not questioning its truthfulness
2) Interlocking confessions accused persons
voluntarily
and
independently
executed
identical confessions without conclusion,
which confessions are corroborated by

other evidence and not contradicted by
the co-accused who was present
azereth
page 16
Accused admitted the facts stated in the

confession after being apprised of such
confession
4) Charged as co-conspirators and confession is
used only as corroborating evidence
5) Confession is used as circumstantial evidence
to show the probability of participation by the
co-conspirator
6) Confessant testified fro his co-defendant
7) Co-conspirators extrajudicial confession is
corroborated by other evidence of record
Confession of the accused admissible not only with
respect to the offense charged but also any offense
necessarily included therein
1987 Constitution illegal confessions and admissions
are inadmissible against confessant or admitter
But admissible against the person who violated the

constitutional provision against obtaining illegal
confessions or admissions
6.
Lorenzo Domantay corroborated Jennifers testimony.

He said that he saw Domantay standing at the spot in
the bamboo grove where Jennifers body was later found.
Domantay appears restless and worried as he kept
looking around. Lorenzo was in a hurry and did not try to
find out why Domantay was restless.
Joselito Mejia a tricycle driver. He said that when he
was about to take his lunch, Domantay approached him
and implored him to take him (Domantay) to Malasiqui at
once. Mejia said he will first take his lunch. Domantay
pleaded with him and said that they will not be long so
Mejia agreed. Domantay alighted near the Mormon
church outside Malasiqui, instead of the town proper
SPO1 Antonio Espinoza testified that he investigated
the case. Before questioning Domantay, he appraised the
latter of his constitutional right to remain silent and to
have a competent and independent counsel, in English,
which was later translated into Pangasinense. Domantay
agreed to answer the questions even in the absence of
counsel and admitted to the killing of Jennifer. Domantay
also disclosed the location of the bayonet he used.
(Cross-examination) Espinoza admitted that Domantay
was not assisted by counsel during the course of the
questioning. Neither was Domantays statement reduced
into writing. This testimony was admitted over the
objection of the defense.
Celso Manuel radio reporter of DWPR. He interviewed
Domantay who was then detained in the municipal jail.
He introduced himself as a media reporter to Domantay.
He said that Domantay was willing to state what
happened. When he asked Domantay if he committed the
crime, Domantay said yes. Domantay also said that he
killed Jennifer in his revenge for a boundary dispute and
that he is willing to accept his punishment. (Cross)
Manuel explained that the interview was conducted in the
jail, 2-3 meters away from the police station. An uncle of
Jennifer was with him. The nearest policeman was 2-3
Evidence
meters away. There was no lawyer present and it was
the first time that he was called to testify regarding an
interview he conducted. This testimony was admitted
over the objection of the defense
7.
Dr. Ronald Bandonill conducted an autopsy of the
victim.
Defense presented Domantay as its lone witness. Domantay
denied the allegations against him. He denied Edwards claim.
He admitted that he passed the bamboo grove but said that
he did not know that Jennifer was following him. He admitted
hiring Mejia to get to Malasiqui to meet his brother, who did
not come. He denied confessing to SPO1 Espinoza and he
denied having a grudge against Jennifers parents because of
a boundary dispute. He admitted being interviewed by Manuel
but denied ever admitting anything to the reporter.
Domantay was convicted by the trial court
Issue: WON the extrajudicial confessions made by Domantay
to SPO1 Espinoza and Manuel are admissible
Held: No and Yes, respectively
Ratio: Art III, Sec 12 of the 1987 Constitution applies to
custodial investigation, when the investigation is no longer a
general inquiry into an unsolved crime but starts to focus on a
particular person as a suspect. RA 7438 extended the
constitutional guarantee to situations in which an individual
has not been formally arrested but has merely been invited
for questioning.
Requirements for admissibility of extrajudicial confessions:
1.
It must be voluntary
2.
It must be made with the assistance of a competent and
independent counsel
3.
It must be express
4.
It must be in writing
When Domantay was brought to the police station he was
already under custodial investigation and the rights
guaranteed by the Constitution apply to him. Even though he
waived the assistance of counsel, the waiver was not put into
writing nor made in the presence of counsel. Therefore the
waiver is invalid and the confession is inadmissible. The
bayonet is also inadmissible in evidence as it was a fruit of a
poisonous tree.
Domantays confession to Manuel is admissible. The Bill of
Rights does not concern itself with the relation between
private individuals. The prohibitions therein are primarily
addressed to the State and its agents.
Domantay claims that the atmosphere during the interview
was tense and intimidating. The Court does not agree. There
is no indication that the presence of the police officers exerted
any undue pressure or influence on Domantay and coerced
him into giving his confession. There is also no evidence that
Manuel was a police beat reporter and it has not been shown
that his purpose in conducting the interview was to elicit
incriminating information from Domantay.
Domantays extrajudicial confession is corroborated by
evidence of corpus delicti, as required by Rule 133, Sec 3.
People vs. Mantung (1999)
Facts: Maribel Mayola and Renjie Balderas were found dead
inside the vault room of the Maywood branch of Cebuana
Lhuiller where they were employed. The jewelries kept inside
the safe were all gone and the cash drawer had been emptied
of its contents. In the counter, a holster was placed on top of
a letter addressed to Mary Ann Gordoncillo, district manager
of Cebuana Lhuiller. The letter was written by Guiamad
Mantung, the security guard assigned to the branch. Mantung
wrote in Filipino that he killed Mayola and Balderas because
they gave him pork which his Moslem religion prohibited him
from eating. He also admitted taking the cash and jewelry
inside the vault, claiming that he needed the money. He wrote
another letter addressed to his wife, which was found in the
office logbook. Mantung was later arrested in Sultan Kudarat,
Cotabato and several pieces of jewelry believed to be part of
the loot were recovered from him. After his arrest, he was
immediate brought to Paramour where he was presented to
the media at a press conference called by Mayor Joey
Marquez. When Mayor Marquez then asked him if he is the
one who killed the two employees, Mantung answered yes and
said that he killed the victims because they induced him to eat
pork. The news about Mantons admission to the killings
appeared in the Inquirer and Manila Bulletin the following day.
Clippings of these reports were presented as evidence by the
prosecution during the trial.
The defense presented the lone testimony of Mantung to
substantiate his claims of innocence. He claimed that on the
azereth
page 17
day of the incident, he was locking one of the doors of the

shop when 3 men approached him from behind and one of
them held him at gunpoint. Mayola and Balderas saw what
was happening and shouted for help. Mantung was taken to
the comfort room when he heard 2 gunshots and the shouts of
Mayola and Balderas stopped. The men took him out, pushed
him inside a red car and blindfolded him. Afterwards, he felt
the car stop and he was left alone by his captors. He then
seized the opportunity to escape. He saw that they stopped in
the pier so he mingled with the people and boarded a ship to
Cebu and from there went to Cotabato. He denied that pieces
of jewelry were recovered from him. He refuted the reports
saying he admitted to the killing of the victims in the press
conference. According to him, he did not tell anyone what
happened because he was confused and he did not know what
to do.
Issue1: WON Mantungs admission during the press
conference is admissible
Held1: Yes
Ratio1: The clippings of the news articles reporting Mantungs
confession is hearsay because their writers were not
presented to affirm the veracity of the reports. However,
Ricardo Diago, an employee of Cebuana Lhuiller present
during the press conference, was presented as rebuttal
witness to prove that Mantung indeed claimed responsibility
for the killings.
The constitutional procedures on custodial investigation do not
apply to a spontaneous statement, not elicited through
questioning by the authorities, but given in an ordinary
manner whereby accused orally admitted having committed a
crime. The rights under Sec 12 are guaranteed to preclude the
slightest use of coercion by the State as would lead the
accused to admit something false, not to prevent him from
freely and voluntarily telling the truth (People vs. Andan).
There is nothing to show that Mantungs admission was
coerced or made under duress.
Ladiana vs. People (2002)
Facts: Josue Ladiana, a police officer, was accused of killing
Francisco San Juan, a Barangay Captain. The case was filed in
the Sandiganbayan and Ladiana was found guilty of homicide.
The prosecution presented 5 witnesses:
1.
Caridad San Juan wife of the victim. She testified that

San Juan was the Barangay Captain of Brgy. Salac,
Lumban, Laguna. She said that she was in her house
when an unidentified woman came and told her that her
husband was killed by Ladiana. She also presented the
death certificate of her husband. (Cross) She admitted
that she did not witness the killing of her husband.
2.
PO2 Leopoldo Cacalda Jr. He recounted that somebody
whose name he could not recall reported to him about an
existing trouble in the scene of the incident. He
responded by going to the scene, accompanied by
another person. There, he saw the dead body of San
Juan. He gathered from the people milling around the
body that it was Ladiana who killed San Juan. He
immediately left to look for Ladiana. He later learned that
Ladiana surrendered to the police. (Cross) He testified
that he did not witness the incident. He also said that it
was the people around the incident who told him that
Ladiana already left. He also saw a stab wound on
Ladianas right bicep but he did not ask him how he got
it.
3.
Dr. Rogelio Javan performed the necropsy
4.
SPO2 Percival Gabinete his testimony was dispensed
with upon the admission of the defense that he was part
of the group that responded to the incident
5.
Mario Cortez retired Assistant Prosecutor of Laguna.
Prior to the conduct of examination-in-chief of Cortez,
defense counsel admitted to the authorship, authenticity,
and voluntariness of the execution of the counteraffidavit of Ladiana. In the counter-affidavit, Ladiana
admitted shooting Francisco but he allegedly did so in
self-defense as Francisco was then attacking Ladiana and
had in fact already inflicted a stab wound on the arm of
Ladiana. Cortez emphasized that he was not the one who
conducted the PI. He also said that he would not be able
to recognize the face of the affiant in the counteraffidavit but maintained that there was a person who
appeared and identified himself as Josue Ladiana before
him.
Defense filed a Demurrer to Evidence
Evidence
Issue: WON the counter-affidavit executed by Ladiana during
the preliminary investigation is admissible although no counsel
was present when he executed it
Held: Yes
Ratio: The constitutional guarantee applies only during
custodial investigations. Custodial investigation is the
questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise deprived of
freedom of action in any significant way.
The Court held that the right to counsel does not extend to
PIs. A PI is an inquiry or a proceeding to determine whether
there is sufficient ground to engender a well-founded belief
that a crime has been committed, and that the respondent is
probably guilty thereof and should be held for trial. A person
undergoing PI before a public prosecutor cannot be considered
as being under custodial investigation.
However, the accused possesses rights that must be
safeguarded:
1.
Right to refuse to be made witness
2.
Right not to have any prejudice whatsoever imputed to
him by such refusal
3.
Right to testify on his own behalf, subject to crossexamination by the prosecution
4.
While testifying, the right to refuse to answer a specific
question that tends to incriminate him for some crime
other than that for which he is being prosecuted
Ladianas counter-affidavit is not an extrajudicial confession, it
is only an admission. In confession, there is an
acknowledgement of guilt. In an admission, there is merely a
statement of fact not directly involving an acknowledgement
of guilt or of criminal intent to commit the offense with which
one is charged. In the counter-affidavit, Ladiana admits
shooting San Juan but denies having done it with criminal
intent since he claimed that it was done in self-defense.
There is no doubt as to the voluntariness of the counteraffidavit. The admissions of Ladiana made through his counsel
during the trial are very clear.
In general, admissions may be rebutted by confessing their
untruth or by showing that they were made by mistake.
Ladiana never offered any rationalization why he made the
admission.
4. PREVIOUS CONDUCT AS EVIDENCE
Section 34 SIMILAR ACTS AS EVIDENCE
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; but it
may be received to prove a specific intent or
knowledge, identity, plan, system, scheme, habit,
custom or usage, and the like.
Second branch of res inter alios acta
Applies to both criminal and civil cases
Strictly enforced in all cases applicable

Exceptions to the rule: evidence of similar acts may
prove
1.
Specific intent or knowledge
2.
Identity
3.
Plan, system or scheme
4.
Specific habit
5.
Established customs, usages and the like
Evidence of another crime is admissible in a prosecution
for robbery where it has the tendency to identify the
accused or show his presence at the scene of the crime
But not where the evidence is to prove that he

committed another crime wholly independent of that
for which he is on trial
Previous acts of negligence is admissible to show
knowledge or intent
Section 35 UNACCEPTED OFFER

An offer in writing to pay a particular sum of money or
to deliver a written instrument or specific personal
property is, if rejected without valid cause, equivalent
to the actual production and tender of the money,
instrument or property
Merely evidentiary complement to the rule on payment

Such tender of payment must be followed by
consignation of the amount in court in order to produce
the effects of valid payment
azereth
page 18
5. TESTIMONIAL KNOWLEDGE
Section 36 TESTIMONY GENERALLY CONFINED TO
PERSONAL KNOWLEDGE; HEARSAY EXCLUDED
A witness can testify only to those facts which he
knows of his personal knowledge; that is, which are
derived from his own perception, except as otherwise
provided in these rules.
Hearsay evidence any evidence, whether oral or

documentary, whose probative value is based not on
personal knowledge of the witness but on the knowledge
of some other person not on the witness stand
Excluded because the party against whom it is

presented is deprived of the right to cross-examine
the persons to whom the statements or writings are
attributed
If a party does not object admissible
Savory Luncheonette vs. Lakas ng Manggagawang

Pilipino (1975)
The repeated failure of the party to cross-examine the
witness is an implied waiver of such right and the testimony of
the said witness who died thereafter should not be excluded
from the record
People vs. Cusi, Jr. (1965)
Facts: Arcadio Puesca, Walter Apa, Jose Gustilo, Filomeno
Macalinao, Ricardo Dario and Magno Montano were charged
with robbery in band with homicide.
During trial, while Sgt. Bano was testifying as prosecution
witness regarding the extrajudicial confession made to him by
Puesca, he said that Puesca admitted his participation in the
offense and revealed the name of other persons who
conspired with him. Counsel for Macalinao, Gustilo and Dario
objected to the naming of the co-conspirators. Trial judge
resolved the objection directing the witness to name the coconspirators other than the 3 objectors.
Issue: WON the witness should be allowed to name all the
conspirators as stated to him by Puesca
Held: Yes
Ratio: While the testimony of a witness regarding a statement
made by another person, if intended to establish the truth of
the facts asserted in the statement, is clearly hearsay
evidence, it is otherwise if the purpose of placing the
statement in the record is merely to establish the fact that the
statement was made or the tenor of such statement.
For the limited purpose of establishing the fact that Puesca
mentioned the names of his co-conspirators, the evidence
should be admitted but with the understanding that the
testimony shall not be taken as competent evidence to show
that the persons named really and actually conspired with
Puesca.
But even if hearsay evidence not objected to is

admissible, it has no probative value and as opposed to
direct primary evidence, the latter always prevails
Section 28, Rule on Examination of a Child Witness
HEARSAY EXCEPTION IN CHILD ABUSE CASES
A statement made by a child describing any act or
attempted act of child abuse not otherwise
admissible under the hearsay rule, may be
admitted in evidence in any criminal or noncriminal proceeding subject to the following rules:
a.
Before such hearsay statement may be
admitted, its proponent shall make known to
the adverse party the intention to offer such
statement and its particulars to provide him a
fair opportunity to object. If the child is
available, the court shall, upon the motion of
the adverse party, require the child to be
present at the presentation of the hearsay
statement for cross-examination by the
adverse party. When the child is unavailable,
the fact of such circumstance must be proved
by the proponent
b.
In ruling on the admissibility of such
hearsay statement, the court shall consider
the time content and circumstances thereof
which provide sufficient indicia of reliability. It
shall consider the following factors:
1. Whether there is motive to lie;
Evidence
2. The general character of the declarant
child;
3. Whether more than one person heard
the statement;
4. Whether
the
statement
was
spontaneous;
5. The timing of the statement and the
relationship between the declarant child
and witness;
6. Cross-examination could not show the
lack of knowledge of the declarant child;
7. The possibility of faulty recollection of
declarant child is remote; and
8. The circumstances surrounding the
statement are such that there is no reason
to
suppose
the
declarant
child
misinterpreted the involvement of the
accused.
c.The child witness shall be considered
unavailable under the following situations:
1. Is deceased, suffers from physical
infirmity, lack of memory, mental illness,
or will be exposed to severe psychological
injury; or
2. Is absent from the hearing and the
proponent of his statement has been
unable to procure his attendance by
process or other reasonable means.
d.
When the child witness is unavailable,
his hearsay testimony shall be admitted only if
corroborated by other admissible evidence.
Not covered by hearsay rule - where the statements or

writings attributed to a person who is not on the witness
stand are being offered not to prove the truth of the facts
stated therein but to prove that those statements were
made or writings executed
Witness who testifies is competent these are

matters derived from his own perception
Doctrine of independently relevant statements
independent of whether the facts stated are true or not,
they are relevant because they are the facts in issue or
are circumstantial evidence of the facts in issue
People vs. Arguel (1980)

Newspaper clippings or facts published in the
newspapers are hearsay and have no evidentiary value unless
substantiated by persons with personal knowledge of said
facts
6. EXCEPTIONS TO THE HEARSAY RULE
Dying Declaration
Section 37 DYING DECLARATION
The declaration of a dying person, made under the
consciousness of an impending death, may be received
in any case wherein his death is the subject of inquiry,
as
evidence
of
the
cause
and
surrounding
circumstances of such death.
Dying declaration antemortem statement or statement

in articulo mortis
Requisites:
1.
That death is imminent and the declarant is
conscious of that fact
Considerations for the consciousness of

imminent death:
a.
Words or statements of the declarant
b.
His conduct at the time the declaration
was made
c.
Serious nature of his wounds as to
engender a belief on his part that he
would not survive
2.
That the declaration refers to the cause and the
surrounding circumstances of such death
3.
That the declaration relates to facts which the victim
is competent to testify to
4.
That the declaration is offered in a case wherein the
declarants death is the subject of the inquiry
Intervening time from the making of the declaration up
to the actual death is immaterial as long as the
declaration was made under the consciousness of
azereth
page 19
impending death and as long as no retraction was made

by the declarant before his death
Evidence
People vs. Sabio (1981)
It is the belief in the impending death at the time the
statement was made, and not the rapid succession of death,
that renders the dying declaration admissible.
Interval of time may be taken into account where the

declaration was ambiguous as to whether the declarant
believed that his death was imminent when he made the
declaration
People vs. Antonio (1970)

Where the declarant stated that he would not die if
treated, such statement indicates an awareness of death and
the nature of his wound and his death an hour later qualifies
such statement into a dying declaration, or at least, as part of
res gestae.
People vs. Gueron (1983)
Where, shortly after he was wounded, the victim was
asked as to whether he believed he would die and to which he
replied, I cannot ascertain, and he died the following day,
his statement is admissible both as part of res gestae and as a
dying declaration.
People vs. Laquinon (1985)
Where the victim, when asked as to whether he thought
he would die, replied, I dont know, his declaration was not
made under the consciousness of his imminent death and
does not qualify as an antemortem statement, although the
same may be admitted as part of the res gestae since it was
made immediately after the incident
The credibility and weight of the admitted dying

declaration should be determined under the same rules
used in other testimonial evidence
A dying declaration is admissible only to insofar as it
refers to facts regarding the cause and surrounding
circumstances of the declarants death
A dying declaration is admissible in any case as long as
the requisite concur
A dying declaration may be oral or written or made by
signs which could be testified to by a witness thereto
People vs. Odencio (1979)

If the antemortem statement was made orally, the
witness who heard it may testify thereto, without necessarily
reproducing the exact words as long as he can give the
substance thereof, and if the deceased had an unsigned dying
declaration, the same may be used as a memorandum by the
witness who took it down
May be attacked on the absence of any of the requisites

and may be impeached in the same manner as the
testimony of any other witness on the stand
American jurisprudence: dying declarations are on

the same footing as testimony of a witness on a
stand and whatever would disqualify the witness
would also make such declaration incompetent
evidence
People vs. Molas (1993)

Facts: Bernardo Resonable went home after working in his
farm. There he found his son Abelardo (8) bleeding at the
doorway of their house. Bernardo carried Abelardo inside the
house. Abelardo informed his father that Josue Molas was the
person who not only inflicted his injuries but also stabbed his
sister Dulcesima and mother Soledad. Molas and Dulcesima
were sweethearts and engaged to be married. While Bernardo
looked for the bodies of his wife and daughter, Abelardo was
brought to the hospital by his brother Nicholas. Abelardo died
the next day.
Issue: WON the statement of Abelardo is admissible
Held: Yes
Ratio: Abelardos statement was given to his father while he
lay at deaths door, bleeding from stab wounds, as a result of
which he died the next day. It was indubitably a dying
declaration.
To be admissible, a dying declaration must:
1.
Concern the cause and surrounding circumstances of the
declarants death
2.
That the time it was made, the declarant was under a
consciousness of impending death
3.
That he was a competent witness
azereth
page 20
4.
That his declaration was offered in evidence in a criminal

case for homicide, murder or parricide in which the
declarant is the victim
All these circumstances were present when Abelardo made his
declaration
People vs. Molo (1979)
Facts: Not long after the couple Venacio Gapisa and Simeona
Rapa-Gapisa had retired for the night, Simeona heard and
indistinct sound of murmur and gnashing teeth. Venacio was
asleep by then. Although seized by fear, Simeona managed to
peep through the dilapidated buri wall and saw Dominador
Molo attired only in short pants, alone. She tried to awaken
Venacio but he did not respond. Molo had already climbed up
the stairs and barged into the house. When he found Venacio
asleep near the door, he immediately grabbed the latters left
wrist and started hacking the old man. Venacio woke up and
tried to fight back but he was unable to retaliate because Molo
started hacking him again. Simeona rushed out of the house
and called for help. Her son Alejandro and Roman Mangaring
ran towards the house and there they found Venacio bleeding
profusely. When Alejandro took his father in his arms, Venacio
told him that he was boloed by Boslo, the name by which Molo
was known in their locality. Roman also asked Venacio who
his assailant was and the latter answered Boslo. Venacio was
rushed to the hospital where he died a few minutes after
arrival.
Issue: WON the statements made by Venacio to Alejandro and
Roman are admissible
Held: Yes
Ratio: The statements of Venacio identifying Molo as his
assailant to Alejandro and Roman are dying declarations.
Considering the nature of the wounds, 8 in all, Venacio must
have the seriousness of his condition and that it can therefore
be inferred that he made the incrimination under the
consciousness of an impending death.
Declaration Against Interest
Section 38 DECLARATION AGAINST INTEREST
The declaration made by a person deceased, or unable
to testify, against the interest of the declarant, if the
fact asserted in the declaration was at the time it was
made was so contrary to declarants own interest, that
a reasonable man in his position would not have made
the declaration unless he believed it to be true, may be
received in evidence against himself or his successors
in interest and against third persons.
Made by a person who is neither a party nor in privity

with a party to the suit
Admissible only when the declarant is unavailable as

a witness
Requisites:
1.
Declarant is dead or unable to testify
2.
It relates to the facts against the declarant
3.
At the time he made the declaration, he is aware
that the same was contrary to the aforesaid interest
4.
Declarant had no motive to falsify and believed such
declaration to be true
Act or Declaration About Pedigree

Section 39 ACT OR DECLARATION ABOUT PEDIGREE
The act or declaration of a person deceased, or unable
to testify in respect to the 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 two persons is shown by
evidence other than such act or declaration. The word
pedigree includes relationship, family genealogy,
birth, marriage, death, the dates when and the places
where these facts occurred, and the names of the
relatives. It embraces also facts of family history
intimately connected with pedigree.
Requisites:
1.
The actor or declarant is dead and unable to testify
2.
The act or declaration is made by the person related
to the subject by birth or marriage
3.
The relationship between the declarant or the actor
and the subject is shown by evidence other than
such act or declaration
Evidence
4.
The act or declaration was made prior to the

controversy
Do not require any specific degree of relationship
But may affects the weight of such act or

declaration
Family Reputation or Tradition Regarding Pedigree

Section 40 FAMILY REPUTATION OR TRADITION
REGARDING PEDIGREE
The reputation or tradition existing in a family previous
to the controversy, in respect to the pedigree of any
one of its members, may be received in evidence if the
witness testifying thereon be also a member of the
family, either by consanguinity or affinity. Entries in
family bibles or other family books or charts,
engravings on rings, family portraits and the like, may
be received as evidence of pedigree
Res Gestae
Section 42 PART OF THE RES GESTAE
Statements made by a person while a startling
occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances
thereof, may be given in evidence as part of the res
gestae. So also statements accompanying an equivocal
act material to the issue, and giving it a legal
significance, may be received as part of the res gestae
Requisites:
1.
Witness testifying thereto must be a member, by
consanguinity or affinity, of the same family as the
subject
2.
Such tradition or reputation must have existed in
that family ante litem motam
Persons statement of date of birth and age declaration
of family tradition
Prevails over mere opinion of the trial judge
But cannot generally prevail over secondary

statement of the father
Common Reputation
Section 41 COMMON REPUTATION
Common
reputation
existing
previous
to
the
controversy, respecting facts of public or general
interest more than 30 years old, respecting marriage or
moral character, may be given in evidence. Monuments
and inscriptions in public places may be received as
evidence of common reputation
Common reputation general reputation; definite

opinion of the community in which the fact to be proved
is known or exists
General or substantially undivided reputation and

need not be unanimous
Admissible to prove:
Facts of public or general interest more than

30 years old
Public interest national interest
General interest affecting inhabitants of

a particular region or community
Must be more than 30 years old
Established only by persons who

have had knowledge of that fact for
such
length
of
time,
or
by
monuments or documents existing
for that length of time
Marriage
Moral character
Not required to be more than 30 years old
Must be ante litem motam
Established by:
1.
Testimonial evidence of competent witness
2.
Monuments and inscription in public places
3.
Documents
containing
statements
of
reputation
Reputation opinion of him by others
Character inherent qualities of a person
Under this section, character may be established

through common reputation
As a rule, reputation of a person should be that existing
in the place of his residence
But, it may also be that existing in the place where

he is best known
US vs. Choa Chiok

The character of a place as an opium joint may be
proved by its common reputation in the community
azereth
page 21
Res gestae (things done) refers to:

1.
Spontaneous statements in connection with a
startling occurrence relating to that fact and in
effect forming part thereof
2.
Statements accompanying an equivocal act (verbal
act) on the theory that they are the verbal parts of
the act to be explained
Requirements:
1.
The principal act (res gestae) is a startling
occurrence
2.
The statements forming a part thereof were made
before the declarant had the opportunity to
contrive
3.
Statements refer to the occurrence in question and
its attending circumstances
Only such statements as appear to have been

involuntarily wrung from the witness by the impact
of the occurrence are admissible
Interval of time between the startling occurrence and the
statement depends upon the circumstances
But statement must have been made while the

declarant was under the immediate influence of the
startling occurrence
If declarant rendered unconscious after the

startling occurrence, his statement relative to
thereto upon regaining consciousness still
forms part of re gestae regardless of the time
that intervened between
People vs. Berame (1976)

If the statement was made under the influence of a
startling event and the declarant did not have time to concoct
or contrive a story, even if made 9 hours after the killing, the
statement is admissible as part of res gestae
Statements or outcries as part of res gestae had been

admitted to establish the identity of assailant, prove the
complicity of another person to the crime, establish
admission of liability on part of the accused
Requirements for verbal acts to be admissible:
1.
Res gestae be characterized as equivocal
2.
Such act must be material to the issue
3.
Statements must accompany the equivocal act
4.
Statements give a legal significance to the
equivocal act
Verbal act used to denote that such statements

are the verbal parts of the equivocal act of which
such statements are explanatory
Borromeo vs. CA (1976)

Notes taken regarding a transaction by a person who is
not a party thereto and who has not been requested to take
down such notes are not part of the res gestae
Res Gestae (re a homicidal
act)
Dying Declaration
Statement may also be made

by the killer himself or by a
third person
Declaration can only be made

by the victim
Statement
may
precede,
accompany, or be made after
the
homicidal
act
was
committed
Declaration made only after

the homicidal attack was
committed
Has its justification in the

spontaneity of the statement
Trustworthiness
is
based
upon its being given under
the awareness of impending
death
Evidence
Statement may not be a dying declaration because it was

not made under the consciousness of an impending
death, but may be admissible as part of res gestae if
made immediately after the incident
Where the elements of both are present, may be
admitted as both
2.
The entrant had personal knowledge of the facts

stated by him or such facts were acquired by him
from reports made by persons under a legal duty to
submit the same
3.
Such entries were duly entered in a regular manner
in the official records
Motor vehicle accident report made at about the time of
the accident by a police officer in the performance of his
duties
Admissible if based upon information given by the

drivers who figured in the accident
Prima facie evidence of facts therein stated

Sheriffs return exception to hearsay
Sheriff need not testify in court

Entrant must have been competent
Entries in the Course of Business

Section 43 ENTRIES IN THE 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 a duty and in the ordinary or
regular course of business or duty.
Requisites:
1.
The person who made the entry must be dead or
unable to testify
2.
The entries were made at or near the time of the
transaction to which they refer
3.
The entrant was in a position to know the facts
stated in the entries
4.
The entries were made in his professional capacity
or in the performance of a duty, whether legal,
contractual, moral or religious
5.
The entries were made in the ordinary or regular
course of business or duty
Cang Yui vs. Gardner (34 Phil 376)

If the entrant is available as a witness, the said entries
will not be admitted as an exception to the hearsay rule, but
they may nevertheless be availed of by said entrant as a
memorandum to refresh his memory while testifying on the
transactions reflected therein
Remigio vs. Ortiga (33 Phil 614)

While a priest who officiates at a baptism acts pursuant
to a legal duty in recording the facts of such baptism in a
register, such entries in the register are not admissible to
prove the date of birth of the child or its relation to particular
persons as the entrant priest is not competent to testify with
respect to the truth of these latter facts
Church registries no longer public writings pursuant to

GO No. 58 and Act No. 190
But still admissible as evidence of the facts stated

therein
But necessary to be authenticated as private

writings
A copy of the certificate transmitted to the public

officer as required by law becomes a public
document
Admissible without prior authentication

Entries in official records may be proved and evidenced
in the manner provided by Rule 132 Sections 24 and 25
Commercial Lists
Rule 132, Section 16 WHEN WITNESS MAY REFER
TO MEMORANDUM
A witness may be allowed to refresh his memory
respecting a fact, by anything written or recorded
by himself or under his direction at the time when
the fact occurred, or immediately thereafter, or 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, crossexamine the witness 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.
Yek Tong Fire & Marine Insurance Co., Inc. vs.
Gutierrez, et al (CA, 59 OG 8122)
In the presentation and admission as evidence of entries
made in the regular course of business, there is no overriding
necessity to bring into court all the clerks or employees who
individually made the entries in a long account. It is sufficient
that the person who supervises the work of the clerks or other
employees making the entries testify that the account was
prepared under his supervision and that the entries were
regularly entered in the ordinary course of business
Section 45 - COMMERCIAL LISTS AND THE LIKE

Evidence of statements of matters of interest to
persons engaged in an occupation contained in a list,
register, periodical, or other published compilation is
admissible as tending to prove the truth of any relevant
matter so stated if that compilation is published for use
by persons engaged in that occupation and is generally
used and relied upon by them therein.
Examples: Carlisle or Wigglesworth Tables and accepted

actuarial and annuity tables
Learned Treatises
Section 46 - LEARNED TREATISES
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.
Requisites:
1.
The court takes judicial notice thereof
2.
The same is testified to by a witness expert in the
subject
CA took judicial notice of the Ballantyne Scale of Values8
Legal treatises also included
Entries in Official Records
Section 44 ENTRIES IN OFFICIAL RECORDS

Entries in official records made in the performance of
his duty by a public officer of the Philippines, or by a
person in the performance of a duty specially enjoined
by law, are prima facie evidence of the facts therein
stated
Testimony or Deposition at a Former Proceeding
Merely prima facie evidence of the facts therein stated

Requisites:
1.
Entries were made by a public officer in the
performance of his duties or by a person in the
performance of a duty specially enjoined by law
Section 47 - TESTIMONY OR DEPOSITION AT A FORMER

PROCEEDING
The testimony or deposition of a witness deceased or
unable to testify, given in a former case or proceeding,
judicial or administrative, involving the same parties
and subject matter, may be given in evidence against
the adverse party who had the opportunity to crossexamine him.
azereth
page 22
Requisites:
Estrada vs. Noble (CA, 49 OG 139)
Evidence
1.
2.
Witness is dead or unable to testify

His testimony or deposition was given in a former
case or proceeding, judicial or administrative,
between the same parties or those representing the
same interests
3.
The former case involved the same subject as that
in the present case, although on different causes of
action
4.
The issues testified to by the witness in the former
trial is the same issue involved in the present case
5.
The adverse party had an opportunity to crossexamine the witness in the former case
Subsequent failure or refusal to appear at the second
trial, or hostility since testifying at the first trial
inability to testify
Inability should proceed from a grave cause almost

amounting to death
Section 50 - OPINION OF ORDINARY WITNESSES

The opinion of a witness for which proper basis is given,
may be received in evidence regarding
a.
The identity of a person about whom he has
adequate knowledge;
b.
A handwriting with which he has sufficient
familiarity; and
c.
The mental sanity of a person with whom he is
sufficiently acquainted.
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a person.
Aldecoa vs. Jugo (61 Phil 374)9

Testimony given by a witness in a civil case is not
admissible in a subsequent criminal case, even if said witness
had died in the interim, because the former testimony
referred to in sec 15 of GO No. 5810 as being admissible in the
trial of the criminal case refers to testimony given in the
preliminary investigation or prior trial of said criminal case and
not to testimony taken in a prior civil case, the actions being
essentially different
Guevara vs. Almario (56 Phil 476)
The testimony of the witness in a prior criminal action
for libel as to the reputation of the offended party would be
admissible in the civil case arising from the same criminal
offense if said witness was no longer available
5.
Admissibility of prior judgment governed by different

rules
Almeida Chantangco vs. Abaroa (40 Phil 1056)

A judgment in a criminal proceeding or in an
administrative proceeding cannot be read in evidence in a civil
action against a person not a party thereto to establish any
fact therein determined. The matter is res inter alios and
cannot be invoked as res judicata
On ordinary matters known to all men of common

perception as the value of ordinary household
articles14
Expert witness one who belongs to the profession or
calling to which the subject matter of the inquiry relates
and who possesses special knowledge on questions on
which he proposes to express an opinion
No definite standard of determining degree of

knowledge or skill
Factors:
1.
Training and education
2.
Particular, first-hand familiarity with the facts
of the case
3.
Such judgment may only be admitted in evidence in a

civil case by way of inducement, or to show a collateral
fact relevant to the issue in the civil action11
Judgment can only prove that a certain defendant

has been convicted of a crime and sentenced to the
penalty therein imposed12
Miranda vs. Malate Garage & Taxicab, Inc.

(99 Phil 670)
A judgment of conviction, in the absence of collusion
between the accused and the offended party, is binding and
conclusive upon the person subsidiarily liable not only with
regard to his subsidiary liability but also with regard to the
amount thereof
General rule: Section 48

Exceptions: Sections 49 and 50
Opinion of a witness is admissible in the following
circumstances:
1.
On a matter requiring special knowledge, skill,
experience or training which he possesses, that is,
when he is an expert thereon
2.
Regarding the identity or the handwriting of a
person, when he has knowledge of the person or
handwriting, whether he is an ordinary or expert
witness
3.
On the mental sanity of a person, if the witness is
sufficiently acquainted with the former or if the
latter is an expert witness
4.
On the emotion, behavior, condition or appearance
of a person which he has observed
Said judgment is admissible in evidence in the civil action

brought to enforce said subsidiary liability13
7. OPINION RULE
Section 48 - GENERAL RULE
The opinion of witness is not admissible, except as
indicated in the following sections.
Section 49 - OPINION OF EXPERT WITNESS
The opinion of a witness on a matter requiring special
knowledge, skill, experience or training which he shown
to posses, may be received in evidence.
Presentation of authorities or standards upon

which his opinion is based15
Expert evidence is admissible only when:
1.
The matter to be testified to is one that
requires expertise
2.
The witness has been qualified as a witness
Hypothetical questions may be asked of an expert
Courts are not bound by the experts findings16
Generally not regarded as conclusive, but purely
advisory in character17
Wells vs. Leek (151 Pa. 431, 439, 25 Atl. 101)

In weighing the testimony of an expert witness, courts
must necessarily consider all the circumstances of the case,
among them his qualifications, experience and degree of
learning, the basis and logic of his conclusion, and the other
evidence of record. The value of expert testimony depends
largely on the extent of the experience or studies of the
witness, because the greater his experience or knowledge, the
greater is the value of his opinion resting upon the same
US vs. Kosel (24 Phil 594)
With respect to a handwriting expert, the value of his
opinion depends not upon his mere statement whether the
handwriting is genuine or false, but upon the assistance he
may afford in pointing out the distinguishing marks,
characteristics and discrepancies in and between genuine and
false specimens of writing which would ordinarily escape
notice or detection by an untrained observer
Whether or not courts are bound by the testimony of an

expert depends greatly upon the nature of the subject of
inquiry
Also in People vs. Villaluz (1983)

Later 1964 ROC Rule 115 Sec 1(f)
11
Ed A. Keller & Co. (Ltd.) vs. Ellerman & Bucknall Steamship Co.
(Ltd.) (38 Phil 514); City of Manila vs. Manila Electric Co. (52 Phil
586)
12
Arambulo vs. Manila Electric Co. (55 Phil 75)
13
Pajarito vs. Seneris (1978)
10
azereth
page 23
14
15
16
17
Galian vs. State Assurance Co. Ltd. (29 Phil 413)

People vs. Abriol (2001)
People vs. Florendo (68 Phil 619)
People vs. Deauna (2002)
Evidence
If the same is one that falls within the general

knowledge of judges, courts are not bound by the
conclusions of even a real expert along such line18
Only where the subject of inquiry is of such a

technical nature that a layman can possibly have no
knowledge thereof that the courts must depend and
rely upon expert evidence19
Conflicting expert evidence have neutralizing effect
Generates doubt
Cesar vs. Sandiganbayan (1985)20

Where the supposed experts testimony would
constitute the sole ground for conviction and there is equally
expert testimony to the contrary, the constitutional
presumption of innocence must prevail
Expert evidence on handwriting is at best, weak and

unsatisfactory
Proof of handwriting by comparison is in most cases

unsafe, even when several documents are used as
bases for comparison
Contrary ruling: see Lopez vs. CA (1978)
Opinions of handwriting experts are not necessarily

binding upon the courts
Authenticity of a questioned signature cannot be
determined solely upon its general characteristics,
similarities or dissimilarities with the genuine signature
Dissimilarities are not decisive on the question of a

signatures authenticity
Common knowledge that that the writing of a person
changes as time passes
Cirujano vs. PNB (CA, 59 OG 8404)

Less weight should be given to inferences from
comparison, than to direct and credible testimony of witnesses
as to the matters within their personal observation
Diphenaline or Paraffin Test proved to be extremely

unreliable in use
People vs. Mendoza (1989)

The Paraffin test is not conclusive as to the presence of
gunpowder because fertilizers, cosmetics, cigarettes, urine,
and other nitrogenous compounds with nitrites and nitrates
will give a positive reaction
People vs. Castillon III (2001)
A finding that the paraffin test yielded negative results
is not conclusive evidence that the accused had not fired a
gun. It is possible for a person to have fired a gun and yet be
negative for the presence of nitrates, as when he wore gloves
or washed his hands afterwards
Results of blood grouping tests on the filiation of a child,

competently conducted by qualified persons, are
admissible and conclusive on the non-paternity of a
person over a child
Admissibility of DNA evidence has been upheld by the SC
In assessing the probative value, necessary to

consider, inter alia, how the samples were collected,
how they were handled, the possibility of
contamination of the samples, the procedure
followed
in
analyzing
the
samples,
the
determination of whether or not the proper
standards and procedures were followed in
conducting the tests and the qualification of the
analyst who conducted those tests
Bryan vs. Eastern & Australian S.S. Co., Ltd.

(28 Phil 310)
The testimony of a witness skilled in the unwritten law
of a foreign country is not necessarily binding on our courts
8. CHARACTER EVIDENCE
Section 51 - CHARACTER EVIDENCE NOT GENERALLY
ADMISSIBLE; EXCEPTIONS:
a.
In Criminal Cases:
1. The accused may prove his good moral
character which is pertinent to the moral trait
involved in the offense charged.
2. Unless in rebuttal, the prosecution may not
prove his bad moral character which is
pertinent to the moral trait involved in the
offense charged. The good or bad moral
character of the offended party may be proved
if it tends to establish in any reasonable
degree the probability or improbability of the
offense charged.
b.
In Civil Cases:
18
Paras vs. Narciso (35 Phil 244); Dolar vs. Diansin (55 Phil 479)
Raymundo vs. Legaspi (47 OG 807), cited in NARIC vs. First
National Security & Assurance Co., Inc. (CA, 64 OG 10607)
19
azereth
page 24
20
Siasat vs. IAC (1985)
Evidence
c.
Evidence of the moral character of a party in civil

case is admissible only when pertinent to the issue
of character involved in the case.
In the case provided for in Rule 132, Sec 14.
Summary of the rules on character evidence:
With respect to the nature of the case
Criminal cases
Prosecution at the outset may not prove the

bad moral character of the accused which is
pertinent to the moral trait involved in the
offense charged
Intended to avoid unfair prejudice to the

accused
If accused in his defense attempts to

prove
his
good
moral
character,
prosecution can introduce evidence of bad
moral character in rebuttal
Good or bad moral character of the offended

party may be proved by either party as long as
such evidence is relevant
Civil cases
Moral character of either party cannot be

proved unless pertinent to the issue of
character involved
With respect to the person
Accused: character evidence must be pertinent to

the moral trait involved in the offense charged
Offended party: sufficient that character evidence is

relevant
Witness: bad moral character may always be proved

by either party (Rule 132 Sec 11)
Not evidence of his good moral character

unless it has been impeached (Rule 132 Sec
14)
azereth
page 25
Burden of Proof and What Need Not Be Proved

Evidence
Burden of Proof and What Need

Not Be Proved
the facts are more immediately within the

knowledge of the accused, the onus probandi
rests on him. It is not incumbent upon the
prosecution to adduce positive evidence to
support a negative averment the truth of which
is fairly indicated by established circumstances
and which, if untrue, could readily be
disproved by documents or other evidence
within the knowledge or control of the accused.
Rule 131 Burden of Proof and Presumptions

1. BURDEN OF PROOF
Section 1 BURDEN OF PROOF
Burden of proof is the 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 proof onus probandi; obligation imposed

upon a party who alleges the existence of facts necessary
for the prosecution of his action or defense to establish
the same by the requisite quantum of evidence
Civil cases preponderance of evidence
People vs. Macalaba (2003)

Thus where the charge is made that the accused carried
on a business without a license, the fact that he has a license
is a matter which is peculiarly within his knowledge and he
must establish that fact or suffer conviction.
2. WHAT NEED NOT BE PROVED
A. FACTS WHICH ARE PRESUMED
Rule 183, Section 1
Criminal cases
For issuance of warrant of arrest after PI

evidence of probable cause
Reasonable ground to believe that the

accused committed the offense
To warrant the filing of an information prima

facie evidence
To sustain a conviction evidence beyond

reasonable doubt
Charge of misconduct against judges clear and
convincing evidence
Removal beyond reasonable doubt

Agrarian cases substantial evidence
Only such relevant evidence as a reasonable

mind might accept, as sufficient to support a
conclusion
Also applies to cases filed before administrative

or quasi-judicial bodies
Burden of Proof
Burden of Evidence
Civil cases - on the party who

would be defeated if no
evidence were given on
either side
Criminal cases always on
the prosecution
Both civil and criminal cases

lies with party who asserts
an affirmative allegation
Does not shift as it remains

throughout the trial with the
party upon whom it is
imposed
Shifts from party to party

depending
upon
the
exigencies of the case in the
course of the trial
Generally determined by the

pleading filed by the party
Generally determined by the

developments at the trial or
by provisions of law
Negative allegations do not have to be proved
Except where such are essential parts of the COA or

defense in a civil case or essential ingredients of the
offense
E.g. breach of contract: prove the fact that the

defendant did not comply with the obligation
Illegal possession of firearms: absence of a
license
However, in civil cases, even if negative

allegation is an essential part of the COA or
defense, such does not have to be proven if it
is only for the purpose of denying the
existence of a document which would properly
be in the custody of the adverse party
The general rule is if the criminal charge is

predicated on a negative allegation or that a
negative averment is an essential element of
the crime, the prosecution has the burden of
proving the charge. Where the negative of an
issue does not permit of direct proof, or where
azereth
page 26
Presumption inference of an existence or non-existence

of a fact which courts are permitted to draw from the
proof of other facts
Compared to judicial notice and judicial admission
Presumption: proponent still has to introduce

evidence of the basis of the presumption,
evidence of the existence or non-existence of
facts from which the court can draw the
inference of the fact in issue
Judicial notice and judicial admission: as a

rule, proponent does not have to introduce
evidence
Presumptions of Law
Presumptions of Fact
Praesumptiones juris
Praesumptiones hominis
Certain inference must be

made whenever the facts
appear which furnish the
basis for the inference
Discretion is vested in
tribunal as to drawing
inference
Reduced to fixed rules and

form a part of the system
of jurisprudence
Derived wholly and directly

from the circumstances of the
particular case by means of the
common
experience
of
mankind
the
the
Types:
1.
Conclusive (juris et de
jure)
2.
Disputable
(juris
tantum or prima facie)
1) Conclusive Presumptions
Section 2 CONCLUSIVE PRESUMPTIONS
The following instances are conclusive presumptions:
a.
Whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately led
another to believe a particular thing true, and to
act upon such belief, he cannot, in any litigation
arising out of such declaration, act, or omission, be
permitted to falsify it;
b.
The tenant is not permitted to deny the title of his
landlord at the time of the commencement of the
relation of landlord and tenant between them.
Based upon doctrine of estoppel in pais
2) Disputable Presumptions
Section 3 DISPUTABLE PRESUMPTION
The
following
presumptions
are
satisfactory
if
uncontradicted, but may be contradicted and overcome
by other evidence:
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;

Evidence
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
w.
That evidence willfully suppressed would be

adverse if produced;
That the money paid by one to another was due to
the latter;
That the thing delivered by one to another
belonged to the latter;
That an obligation delivered up to the debtor has
been paid;
That prior rents or installments had been paid
when a receipt for the latter ones is produced;
That a person 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;
That a person in possession of an order on himself
for the payment of money, or the delivery
anything, has paid the money or delivered the
thing accordingly;
That a person acting in a public office was regularly
appointed or elected to it;
That official duty has been regularly performed;
That a court, or judge acting as such, whether in
the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction;
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 a dispute submitted for arbitration were laid
before the arbitrators and passed upon by them;
That private transactions have been fair and
regular;
That the ordinary course of business have been
followed;
That there was sufficient consideration for a
contract;
That a negotiable instrument was given or indorsed
for a sufficient consideration;
That an indorsement of a negotiable instrument
was made before the instrument was overdue and
at the place where it was dated;
That a writing is duly dated;
That a letter duly directed and mailed was received
in the regular course of the mail;
That after an absence of 7 years, it being unknown
whether or not the absentee still lives, he shall be
considered dead for all purposes except those of
succession.
The absentee shall not be considered dead for the
purpose of opening his succession till after an
absence of 10 years. If he disappeared after the
age of 75, an absence of 5 years shall be sufficient
in order that his succession may be opened.
The following shall be presumed dead for all
purposes, including the division of the estate
among the heirs:
1) A person on board a vessel lost during a
sea voyage, or an aircraft which is missing,
who has not been heard of for 4 years since
the lost 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 the purpose of contracting a
subsequent marriage. However, in any case,
before marrying again, the spouse present
must institute a summary proceeding as
provided in the Family Code and in the rules
for declaration of presumptive death of the
absentee, without prejudice to the effect of
the reappearance of the absent spouse.
azereth
page 27
x.
y.
z.
aa.
bb.
cc.
dd.
ee.
ff.
gg.
hh.
ii.
jj.
kk.
That acquiescence resulted from a belief that the

thing acquiesced in was conformable to the law or
fact;
That things have happened according to the
ordinary course of nature and the ordinary habits
of life;
That persons acting as co-partners have entered
into a contract of partnership;
That a man and woman deporting themselves as
husband and wife have entered into a lawful
contract of marriage;
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;
That in cases of cohabitation by a man and a
woman who are not capacitated to marry each
other 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;
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.
That a thing once proved to exist continues as long
as is usual with the things of that nature;
That the law has been obeyed;
That a printed or published book, purporting to be
printed or published by public authority, was so
printed or published;
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;
That a trustee or other person whose duty it was to
convey the 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;
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, the older is
deemed to have survived;
2) If both were above the age of 60, the younger
is deemed to have survived;
3) If one is under 15 and the other is above 60,
the former is deemed to have survived;
4) If both be over 15 and under 60, and the sex is
different, the male is deemed to have
survived; if the sex is 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 survived
That if there is 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.

Evidence
Par (a)
Legislature may provide for prima facie evidence of

guilt provided there be a rational connection
between the facts proved and the ultimate fact
presumed
RPC, Article 217
Requisites for par. (e)

1.
The evidence is material
2.
Party had the opportunity to produce the same
3.
Said evidence is available only to said party
Presumption does not apply if evidence is

equally available to both parties, or is merely
corroborative/cumulative or unnecessary
People vs. Realon (1980)

Presumption does not arise from the failure of the
prosecution to present the NBI agents and the results of the
fingerprint and paraffin tests in view of the overwhelming
evidence on the positive identification of the accused.
Furthermore, the defense could have availed of said evidence
which was equally available to it
People vs. Navaja (1993)
The adverse presumption of suppression of evidence
does not arise when:
1.
The suppression is not willful,
2.
The evidence withheld is merely corroborative or
cumulative,
3.
The evidence is at the disposal of both parties,
4.
The suppression is an exercise of a privilege
Par. (i) is connected with the Civil Code principles

Civil Code, Article 1176
The receipt of the principal by the creditor, without
reservation with respect to the interest, shall give
rise to the presumption that said interest has been
paid.
The receipt of a later installment of a debt without
reservation as to prior installments, shall likewise
raise the presumption that such installments have
been paid.
Par (j) similar rationale:
People vs. Sendaydiego (1978)

If a person had in his possession a falsified document
and he made use of it, taken advantage of it and profited
thereby, the presumption is that he is the material author of
the falsification.
Par (v) it must be proved that the letter was properly

addressed with postage pre-paid and that it was actually
mailed
If not returned to sender, it is presumed that it was

received by the addressee
Barrameda vs. Castillo (1977)

Under Rule 13, Sec 10, service by pleadings by mail is
complete upon the expiration of 10 days after mailing, unless
the court otherwise provides, while service by registered mail
is complete upon actual receipt by the addressee, but if he
fails to claim his mail from the post office within 5 days from
the date of first notice, the service is complete at the
expiration of such time. There must, however, be conclusive
proof that a first notice was sent to the addressee as the
presumption that official duty has been regularly performed
does not apply to this situation
Ferraren vs. Santos (1982)
If, however, the postmaster certifies that first notice
was sent, the presumption that official duty has been regularly
performed arises and overrides the contrary claim of the
addressee.
Par (w) taken from Civil Code
Sub par 1&2 the absentee is presumed to have

died at the end of the period (5/7/10 years)
Sub par 3 (qualified absence) absentee is

presumed to have died at the time he was exposed
to the danger or peril
At the start of the 4 year period
Number (4) does not actually provide for a

presumption corollary procedural rule
Victory Shipping Lines vs. WCC (106 Phil 1165)

Where the fate of the vessel is known, and not where
the vessel was merely lost or missing, the disputable
azereth
page 28

Evidence
presumption of death does not arise and the fact of death,
must, instead, be established by preponderance of evidence
Par (dd) taken from Art 259 of the Civil Code, in line
with Art 168 of the Family Code
Par (jj) requisites:
1.
Deaths occurred in a calamity
2.
There are no particular circumstances from which it
can be inferred that one died ahead of the other
azereth
page 29
Presentation of Evidence
Evidence
b.
2.
Rule 132 Presentation of Evidence

A. EXAMINATION OF WITNESSES
Section 1 EXAMINATION TO BE DONE IN OPEN COURT
The examination of witnesses presented in a trial or
hearing shall be done in open court, and under oath or
affirmation. Unless the witness is incapacitated to
speak, or the question calls for a different mode of
answer, the answers of a witness shall be given orally
Section 2 PROCEEDINGS TO BE RECORDED
The entire proceedings of a trial or hearing, including
the questions to be propounded to a witness and his
answer thereto, the statements made by the judge or
any of the parties, counsel, or witnesses with reference
to the case, shall be recorded by means of shorthand or
stenotype or by other means of recording found
suitable by the court.
A transcript of the record of the proceedings made by
the official stenographer, stenotypist or recorder and
certified as correct by him shall be deemed prima facie
a correct statement of such proceedings.
To be admissible, testimony of a witness may be given in

open court
May be supplanted by:

1.
Civil cases depositions (Rules 23 24)
2.
Criminal cases depositions or conditional
examinations (Rule 119 Sections 12-15 and
Rule 123 Sec 1)
Mere presentation of affidavits of witnesses subject

to cross-examination is not allowed by the rules
But, under BP 129, summary procedures may be

authorized by SC in special cases
May provide that affidavits and counteraffidavits may be admitted in lieu of oral
testimony
Testimony of witness should be elicited by questions of
counsel
But Court itself may propound questions or may

suggest questions to counsel
People vs. Manalo (1987)

The court should be given reasonable leeway to
ascertain the truth, and the extent to which such examination
may be conducted rests in its discretion and will not be
controlled in the absence of abuse of discretion to the
prejudice of either party
Section 3 - RIGHTS AND OBLIGATIONS OF A WITNESS
A witness must answer questions, although his answer
may tend to establish a claim against him. However, it
is the right of a witness:
1. To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
2. 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; or
5. Not to give an answer which will tend to degrade
his reputation, unless it to be 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. (3a,
19a)
Witness cannot refuse to answer questions material to

the inquiry even if it may tend to establish a claim
against him
But may refuse if:
1.
Under the right against self-degradation unless:
a.
Such question is directed to the very fact in
issue
azereth
page 30
Refers to his previous final conviction or

offense
Under the right against self-incrimination
Criminal cases Rule 115 Section 1(e):

accused may refuse to take the stand
altogether
Accused: may be with reference to the

offense involved in the same case wherein
he is charged or to an offense for which
he may be charged and tried in another
case
Witness: offense involved is one for which

he may be tried in another case
Right should be seasonably invoked and

may be waived
Other cases/proceedings a party may be

compelled to take the stand but he may object
to incriminating questions
Beltran vs. Samson (53 Phil 570)
Where in a prosecution for falsification, the
accused took the stand and testified denying his
authorship of the alleged falsified signature, on
cross-examination he can be compelled to give a
sample of his handwriting and it was not a denial of
his right against self-incrimination
Bermudez vs. Castillo (64 Phil 483)
Where, in a disbarment case, the complainant on
cross-examination denied authorship of certain
handwritten letters, she could not be compelled to
give samples of her handwriting as it would amount
to a denial of her right against self-incrimination in
a possible charge for perjury
Conflict can be reconciled:
Beltran: it was the accused himself who

opened
the
issue
on
his
direct
examination
He could have refused to testify

altogether
Therefore, he waived his right
Bermudez: complainant could not refuse

to testify without an unfavorable inference
being drawn against her
Also, issue was raised during crossexamination, hence she did not
waive the right
Unless otherwise provided by law refers to
immunity statutes wherein the witness is
granted immunity from criminal prosecution
Section 4 - ORDER IN THE EXAMINATION OF AN

INDIVIDUAL WITNESS
The order in which the individual witness may be
examined is as follows;
a.
Direct examination by the proponent;
b.
Cross-examination by the opponent;
c.
Re-direct examination by the proponent;
d.
Re-cross-examination by the opponent.
Section 5 - DIRECT EXAMINATION
Direct examination is the examination-in-chief of a
witness by the party presenting him on the facts
relevant to the issue.
Section 6 - CROSS-EXAMINATION; ITS PURPOSE AND
EXTENT
Upon the termination of the direct examination, the
witness may be cross-examined by the adverse party as
to many matters stated in the 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.
Section 7 - RE-DIRECT EXAMINATION; ITS PURPOSE
AND EXTENT
After the cross-examination of the witness has been
concluded, he may be re-examined by the party calling
him, to explain or supplement his answers given during
the
cross-examination.
On
re-direct-examination,
questions on matters not dealt with during the cross-
Evidence
examination, may be allowed by the court in its
discretion.
Section 8 - RE-CROSS-EXAMINATION
Upon the conclusion of the re-direct examination, the
adverse party may re-cross-examine the witness on
matters stated in his re-direct examination, and also on
such other matters as may be allowed by the court in
its discretion.
A witness may be cross examined by the adverse party

not only as to matters stated in the direct examination
but also as to matters connected therewith, and this
should be allowed to do with sufficient fullness and
freedom to test the witness accuracy, truthfulness and
freedom from interest or bias, and also to elicit from him
any important fact bearing upon the issue
American rule cross-examination must be

confined to the matters inquired about in the direct
examination
English rule witness may be cross-examined not

only upon matters relevant to the issue
This jurisdiction more on English rule

Unwilling/hostile/adverse
party
witness
cross
examination shall only be on the subject of his
examination-in-chief
Same as accused testifying on his own behalf

Question which assumes facts not on the record:
If on cross examination objectionable for bring

misleading
If on direct examination objectionable for lack of

basis
Bachrach Motor Co., Inc. vs. CIR (1978)

When cross examination is not and cannot be done or
completed due to causes attributable to the party who offered
the witness, the uncompleted testimony is thereby rendered
incomplete and should be stricken from the record
People vs. Seneris (1980)
Where in a criminal case the prosecution witness was
extensively cross examined on the essential elements of the
crime and what remained for further cross-examination was
the matter of the prize or reward which was treated therein as
merely an aggravating circumstance, his failure to appear for
further cross-examination thereon will not warrant the striking
out of his direct examination, especially since further crossexamination could not be conducted due to the subsequent
death of the said witness, a circumstance not attributable to
the prosecution
Section 9 - RECALLING 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.
Recall based on discretion of the court
But recall is a matter of right if the examination of

the witness has not been concluded or the recall has
been expressly reserved by a party with the
approval of the court
Section 10 - LEADING AND MISLEADING QUESTIONS

A question which suggests to the witness the answer
which the examining party desires is a leading
question. It is not allowed, except:
a.
On cross examination;
b.
On preliminary matters;
c.
When there is a difficulty is getting direct and
intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble
mind, or a deaf-mute;
d.
Of an unwilling or hostile witness; or
e.
Of a witness who is an adverse party or an officer,
director, or managing agent of a public or private
corporation or of a partnership or association
which is an adverse party.
A misleading question is one which assumes as true a
fact not yet testified to by the witness, or contrary to
that which he has previously stated. It is not allowed.
Section 11 - IMPEACHMENT OF ADVERSE PARTY'S
WITNESS
azereth
page 31
Evidence
A witness may be impeached by the party against
whom he was called, by contradictory evidence, by
evidence that his general reputation for truth, honestly,
or integrity is bad, or 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.
2.
Section 12 - PARTY MAY NOT IMPEACH HIS OWN

WITNESS
Except with respect to witnesses referred to in
paragraphs (d) and (e) of Section 10, the party
producing a witness is not allowed to impeach his
credibility.
A witness may be considered as unwilling or hostile
only if so declared by the court upon adequate showing
of his adverse interest, unjustified reluctance to testify,
or his having misled the party into calling him to the
witness 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 crossexamined by the adverse party, but such crossexamination must only be on the subject matter of his
examination-in-chief.
Section 13 - HOW WITNESS IMPEACHED BY EVIDENCE
OF INCONSISTENT STATEMENTS
Before a witness can be impeached by evidence that he
has made at other times statements 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 he 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 is put to him
concerning them.
Leading question one which suggests to the witness the

answer desired
May cause the witness, by reacting to an inference

in his mind, to testify in accordance with the
suggestion by the question
Answer may be rather an echo of the question

than a genuine recollection
Testimony on direct examination elicited through

leading questions has little probative value
People vs. Dela Cruz (2002)

Leading questions may be permitted in the examination
of a witness who is immature; aged and infirm; an bad
physical condition; uneducated; ignorant of, or unaccustomed
to, court proceedings; inexperienced; unsophisticated; feebleminded; confused and agitated; terrified, timid or
embarrassed while on stand; lacking in comprehension of
questions or slow to understand; deaf and dumb; or unable to
speak or understand the English language or only imperfectly
familiar therewith
Misleading question one which assumes facts not in

evidence or without sufficient basis or which assumes
testimony or proof which has not been given
Fernandez vs. Tantoco (49 Phil 380)

A party who voluntarily offers the testimony of a witness
in the case is, as a rule, bound by the testimony of the said
witness. The exceptions to the rule are:
1.
In case of a hostile witness
2.
Where the witness is the adverse party or the
representative of a judicial person which is the adverse
party
3.
When the witness is not voluntarily offered but is
required by law to be presented by the proponent, as in
the case of a subscribing witness to a will
Party can impeach adverse partys witness by:

1.
Contradictory evidence other testimony of the
same witness, or other evidence presented by him
azereth
page 32
in the same case, but not the testimony of another

witness
Evidence of prior inconsistent statements
statements, oral or documentary, made by the
witness sought to be impeached on occasions other
than the trial in which he is testifying
Laying the predicate

a.
By confronting him with such statements,
with the circumstances under which they
were made
b.
By asking him whether he made such
statement
c.
By giving him a chance to explain the
inconsistency
Impeachment
is
incomplete
if
witness is not given the chance to
explain the discrepancy
But defect is waived if no objection

on that ground is raised when the
document involved is offered for
admission
No need to lay the predicate if the prior

inconsistent statement appears in a deposition
of the adverse party and not a mere witness
Statements are in the nature of an

admission
Juan Ysmael & Co., Inc. vs. Hashim
(50 Phil 132)
Where previous statements of a witness are
offered as evidence of an admission, and not merely
to impeach him, the rule on laying the predicate
does not apply
3.
4.
Evidence of bad character

Evidence
of
bias,
interest,
prejudice
or
incompetence
Party can impeach his own witness only by:
1.
Evidence contradictory to his testimony
2.
Evidence of prior inconsistent statements
In case of hostile/adverse party/involuntary

witnesses can also be impeached by other modes
of impeachment
Section 14 - EVIDENCE OF GOOD CHARACTER OF

WITNESS
Evidence of the good character of a witness is not
admissible until such character has been impeached.
Section 15 - EXCLUSION AND SEPARATION OF
WITNESSES
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.
Power of exclusions apply only to witnesses and not to

parties in the civil case
Parties have a right to be present at the trial
Either by themselves or by their counsels
Since they have such right, they cannot be divested

thereof by an exclusion order
Paez vs. Berenguer (8 Phil 457)

A party to an action has a right to be present in court
while his case is being tried, and the rule authorizing the
exclusion of witnesses during trial cannot be understood to
extend to him
If witness violates the order of exclusion, court may bar

him from testifying or give little weight to his testimony
Aside from his liability for contempt
People vs. Lua Chu (56 Phil 44)

It is within the power of the trial judge to refuse to
order the exclusion of the principal witness of the government
during the hearing of a criminal case and it may not, on that
count alone, be considered as an abuse of his discretion
Section 16 MEMORANDUM
WHEN
WITNESS
MAY
REFER
TO
Evidence
A witness may be allowed to refresh his memory
respecting a fact, by anything written or recorded by
himself or under his direction at the time when the fact
occurred, or immediately thereafter, or at any other
time when the fact was fresh in his memory and 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 witness upon it, and may
read it in evidence. So, also, a witness may testify from
such 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.
American jurisprudence:
First sentence revival of present memory
Applies if witness remembers the facts

regarding his entries and is entitled to greater
weight
Second sentence revival of past recollection
Applies where the witness does not recall the

facts involved and is entitled to lesser weight
Applies only when it is shown beforehand that there is a
need to refresh the memory of the witness
Memorandum used to refresh the memory of the witness
does not constitute evidence and may not be admitted as
such
Reason: the witness has just the memorandum to

testify on the basis of refreshed memory
Memorandum not admissible as corroborative

evidence
Borromeo vs. CA (1976)

Where the witness has testified independently of or
after his memory has been refreshed by a memorandum of
the events in dispute, such memorandum is not admissible as
corroborative evidence, since the witness may not be
corroborated by any written statement prepared wholly by
him. He cannot be more credible just because he supports his
open-court declaration with written statements of the same
facts even if he did prepare them during the occasion in
dispute, unless the proper predicate of his failing memory is
priorly laid down
Section 17 - WHEN PART OF TRANSACTION, WRITING
OR RECORD GIVEN IN EVIDENCE, THE REMAINDER, THE
REMAINDER 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.
Similar rule in depositions

Rule 32, Section 4 OATH OF COMMISSIONER
Before entering upon his duties the commissioner
shall be sworn to a faithful and honest
performance thereof
Section 18 - RIGHT TO RESPECT WRITING SHOWN TO

WITNESS
Whenever a writing is shown to a witness, it may be
inspected by the adverse party.
B. AUTHENTICATION AND PROOF OF DOCUMENTS
Section 19 - CLASSES OF DOCUMENTS
For the purpose of their presentation 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 the entered therein.
All other writings are private.
azereth
page 33
Classification in RPC is different

Public documents
Antillon vs. Barcelon (37 Phil 148)
Public documents generally include notarial documents
and are admissible in evidence without the necessity of
preliminary proof as to authenticity and due execution
Evidence
Except if law requires proof
E.g. notarial wills law still requires witnesses

for its probate
Kinds:
1.
Official documents
Requisites for admissibility of copy of

foreign official document:
a.
Must be attested by the officer
having legal custody of the records
or his deputy
b.
Must be accompanied by a Philippine
diplomatic or consular representative
to the foreign country certifying that
such attesting officer has the
custody of the document
Requirement is not merely a

technicality but is intended to
justify the giving of full faith
and credit to the genuineness
of a document in a foreign
country
2.
Those acknowledged before persons authorized
to administer oaths further governed by
Section 30
3.
Private documents required by law to entered
in public records subject to provisions of
Section 27
While public records of private writings

are also public documents, the public
writing is not the writing itself but the
public record thereof
Republic vs. Worldwide Insurance &
Surety Co. (CA, 62 OG 8857)
If a private writing itself is inserted officially
into a public record, its record, its recordation,
or its incorporation into the public record
becomes a public document, but that does not
make the private writing itself a public
document so as to make the private writing it
admissible without authentication
Private documents
documents
commercial
and
private
Section 20 - 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.
Section 21 - WHEN EVIDENCE OF AUTHENTICITY OF
PRIVATE DOCUMENT NOT NECESSARY
Where a private document is more than thirty years old,
is produced from the 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.
Section 22 - HOW GENUINENESS OF HANDWRITING
PROVED
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.
Rules of authenticity
In addition, American jurisprudence also gives:
Doctrine of self-authentication - where the facts in

the writing could only have been known by the
writer
azereth
page 34
Rule of authentication by adverse party where the

reply of the adverse party refers to and affirms the
sending to him and his receipt thereof of the letter
in question, a copy of which the proponent is
offering as evidence
Authentication of document not required if:
1.
The writing is an ancient document (Sec 21)
2.
The writing is a public document or record (Sec 19)
3.
It is a notarial document acknowledged, proved or
certified in accordance with Sec 30
4.
The authenticity and due execution of the
document has been expressly or impliedly admitted
by a failure to deny the same under oath
Actionable documents (Rule 8, Section 8)

Authenticity and due execution of a private document is
proved by, inter alia, evidence of genuineness of the
handwriting of the maker
Handwriting is proved by:

1.
Witness who actually saw the person writing
the instrument (Sec 20a)
2.
Witness familiar with such handwriting (Sec
22) and who can give his opinion thereon, such
opinion being exception to opinion rule (Rule
130, Sec 50b)
3.
Comparison by the court of the questioned
handwriting and admitted genuine specimens
thereof (Sec 22)
4.
Expert evidence (Rule 130 Sec 49)
Lopez vs. CA (1978)

Rule 132 Section 22 merely enumerates the methods of
proving handwriting but does not give preference or priority to
a particular method
Section 24 - PROOF OF OFFICIAL RECORD
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 the
custody. If the office in which the record is kept is in
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.
Section 25 - WHAT ATTESTATION OF COPY MUST STATE
Whenever a copy of a document or record is attested
for the purpose of 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.
Section 26 - 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 the
just determination of a pending case.
Public record cannot be removed from the office in

which it is kept without a court order such as subpoena
duces tecum
Even court cannot order its removal except when

essential to the just determination of the pending
case
Refers only to a public record an official copy of

which could be made available to the interested
party and is admissible in evidence
Wildvalley Shipping Co., Ltd. vs. CA (2000)

Absent the attestation of the officer having the legal
custody of the records and the certificate to that effect by a
Philippine foreign service officer, a mere copy of the foreign
document is not admissible as evidence to prove the foreign
law
Evidence
Section 27 - 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.
Not sufficient to prove paternity21 or voluntary

recognition of a child22
Section 28 - 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.
Section 29 HOW JUDICIAL RECORD IMPEACHED
Any judicial record may be impeached by evidence of:
a.
Want of jurisdiction in the court or judicial officer,
b.
Collusion between the parties, or
c.
Fraud in the party offering the record, in respect to
the proceedings.
Rule 39 Sec 1
Section 30 - PROOF OF NOTARIAL DOCUMENTS

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

1.
Original copy
2.
Official publication thereof
3.
Certified true copy thereof
Requirements in Secs 24 and 25
Unless specifically exempted (FC, Art 12)

Mahilum vs. CA (1966)
It is presumed that the requisite stamps
have been affixed to the original copy of a
document where only the carbon copies
thereof are available
Lopez vs. CA (1987)
Where the special power of attorney is
executed and acknowledged before a notary
public or other competent officer in a foreign
country, it cannot be admitted in evidence in
Philippine courts unless it is certified as such in
accordance with Rule 132 Sec 24 by a
secretary of the embassy or legation, consulgeneral, consul, vice-consul, consular agent or
by any officer in the foreign service in the
Philippines stationed in the foreign country in
which the record is kept of said public
document and authenticated by the seal of his
office
Even public documents do not have uniform probative

value
Probative value depends on the kind of document

that is presented in evidence
Baptismal certificates
Held as analogous to the records of birth in CC Art

265, before the establishment of civil registry in
1917
Considered presumptive evidence of facts

stated therein
Issued by priests during Spanish regime

considered as public documents
Issued after the Spanish regime private document

and cannot even be prima facie evidence of the fact
that gave rise to its execution (the fact of the
baptism and the date thereon)
Hearsay and inadmissible
Unless the priest who performed the

baptismal rights and made the certificate
is produced
21
Arde vs. Anocoche (1978)

Berciles vs. GSIS (1984)
222
azereth
page 35
Evidence
Macadangdang vs. CA (1980)
A baptismal certificate is proof only of the baptism
administered by the priest who baptized the child but not
the veracity of the declarations and statements in the
certificates concerning the relationship of the person
baptized
Above doctrines modified by the SC in determining

the minority of the victim in statutory rape or where
that fact is an element of qualified rape
People vs. Llandelar (2001)23

While recognizing the primacy of a birth certificate as
proof of the victims age, the SC held that, in the
absence of such evidence, the victims minority may be
proved by other documentary evidence such as her
baptismal certificate or other authentic records
Death certificate
Sison vs. Sun Life Assurance Co. of Canada

(CA, 47 OG 1954)
A death certificate is not proof of the cause of death, its
probative value being confined only to the fact of death, and
the statement therein
Garcia Fule vs. Malvar (1976)
A death certificate is admissible to prove the residence
of the deceased at the time of his death
Section 31 - ALTERATION 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
innocent 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 in evidence.
Section 32 SEAL
There shall be no difference between sealed and
unsealed
private
documents
insofar
as
their
admissibility as evidence is concerned.
Section 33 - DOCUMENTARY EVIDENCE IN AN
UNOFFICIAL LANGUAGE
Documents 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.
Section 3, Article XIV, 1935 Constitution English and

Spanish A official languages
Section 3(3), Article XV, 1973 Constitution English and
Pilipino
PD 155 Spanish language shall continue to be

recognized as an official language while important
documents in government files are in the Spanish
language and not translated into Pilipino or English
Section 7, Article XIV, 1987 Constitution - the official
languages are Filipino and, until otherwise provided by
law, English, with the regional languages as auxiliary
official languages in the region
C. OFFER AND OBJECTION

Section 34 - OFFER OF EVIDENCE
The court shall consider no evidence which has not
been formally offered. The purpose for which the
evidence is offered must be specified.
Section 35 - 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 party's testimonial evidence. Such
23
Also in People vs. Jalosjos (2001) and People vs. Fruna (2002)
azereth
page 36
offer shall be done orally unless allowed by the court to

be done in writing.
Evidence
Section 36 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 therefor shall become reasonably apparent.
An offer of evidence in writing shall be objected to
within three (3) days after notice of the offer unless a
different period is allowed by the court.
In any case, the grounds for the objections must be
specified.
Section 37 - WHEN REPETITION OF OBJECTION
UNNECESSARY
When it becomes reasonably apparent in the course of
the examination of a witness that the question 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.
Oliveros vs. Oliveros (106 Phil 369)24

The trial courts should permit all exhibits presented by
the parties, although not admitted, to be attached to the
records so that, in case of appeal, the appellate court may be
able to examine the same and determine the propriety of their
rejection
Baez vs. CA (1974)
Where documentary evidence was rejected by the trial
court and the offeror did not move that the same be attached
to the record, the same cannot be considered by the appellate
court
De Castro vs. CA (75 Phil 824)
Documents forming no part of the of proofs before the
appellate court cannot be considered in disposing of the case.
Otherwise, it would infringe on the constitutional right of

the adverse party to due process of law25
The practice of excluding evidence on doubtful objections
should be avoided
Section 38 RULING
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.
The reason for sustaining or overruling an objection
need not be stated. However, if the objection is based
on two or more grounds, a ruling sustaining the
objection on one or some of them must specify the
ground or grounds relied upon.
Prats & Co. vs. Phoenix Insurance Co. (52 Phil 807)
In a case of any intricacy it is impossible for a judge of
first instance, in the early stages of the development of the
proof, to know with any certainty whether testimony is
relevant or not; and where there is no indication of bad faith
on the part of the attorney offering the evidence, the court
may, as a rule, safely accept the testimony upon the
statement of the attorney that the proof offered will be
connected later
Section 39 - STRIKING 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.
On proper motion, the court may also order the striking
out of answers which are incompetent, irrelevant, or
otherwise improper.
Sheraton-Palace hotel vs. Quijano (CA, 64 OG 9118)

A document or writing which is admitted not as
independent evidence but merely as part of the testimony of a
witness does not constitute proof of the facts related therein
Section 40 - 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.
Parties who offer objections to questions on whatever

ground are entitled to a ruling at the time the objection
is made
Unless they present a question with regard to which

the court desires to inform itself before making a
ruling
Lopez vs. Valdez (32 Phil 644)

If no ruling is made during the course of the trial,
counsel would have no means of knowing whether or not he
would be compelled to meet any evidence at all, hence it
would prejudice the substantial rights of his client
People vs. Singh (45 Phil 645)
The failure of the court to make such ruling should be
brought to its attention, failing which the case cannot be
reopened for a new trial on that ground
People vs. Diano (CA, 66 OG 6405)

Evidence submitted for one purpose may not be
considered for any other purpose
Vda de Flores vs. WCC (1977)26

Documents which may have been marked as exhibits
during the hearing but which were not formally offered in
evidence cannot be considered as evidence nor can they be
given evidentiary value
People vs. Mate (1981)
(Criminal case for kidnapping with murder) Even if there
was no formal offer of the exhibits but the same have been
duly identified by testimony duly recorded and the exhibits
have been incorporated in the records of the case, said
exhibits are admissible against the accused
People vs. Jose (1976)27
Considering the gravity of the offenses and in the
interest of justice, the SC allowed the presentation and
admitted the birth certificates of the accused to prove the
mitigating circumstance of minority although said birth
certificates were not presented or offered in the trial courts
People vs. Tavera (47 Phil 645)

The reservation of a ruling made by the court on an
objection to the admissibility of evidence, without
subsequently excluding the same, amounts to a denial of said
objection
People vs. Abalos (CA, 58 OG 5446)
The courts should consider the evidence only for the
purpose for which it was offered
azereth
page 37
Identification of documentary evidence its formal offer
Identification made in the course of the trial
Evidence identified and marked as exhibits

may be withdrawn before formal offer
Formal offer when proponent rests his case
Where objection may be made
Section 37 party may just enter a general and

continuing objection to the same class of evidence the
ruling of the court shall be applicable to all such evidence
of the same class
Ed. A. Keller & Co. (Ltd.) vs. Ellerman & Bucknall
Steamship Co., (Ltd.) (38 Phil 514)
24
Also Lamagan vs. Dela Cruz (1971)

Tinsay vs. Yusay (47 Phil 639)
Also Republic vs. CA and People vs. CA (1982), cf. People vs.
Pecardal and Soliman vs. Sandiganbayan (1986)
27
Also Co vs. Ca (1980)
25
26
Evidence
The court itself may motu proprio treat the objection as
a continuing one
People vs. Bande

An erroneous rejection or admission of evidence by the
trial court is not a ground for a new trial or reversal of the
decision if there are other independent evidence to sustain the
decision, or if the rejected evidence, if it had been admitted,
would not have changed the decision
Otherwise, a new trial is warranted by reason of the

erroneous ruling which goes into the merits of the case
and would have affected the decision28
Tinsay vs. Yusay (47 Phil 639)

If the trial court erroneously ruled out the evidence and
discovered such error before the judgment had become final
or before an appeal therefrom had been perfected, it may reopen the case
28
azereth
page 38
Rulings of trial court on procedural questions and on

admissibility of evidence during the course of the trial are
interlocutory in nature and may not be the subject of
separate appeals or review on certiorari
US vs. Villanueva (18 Phil 639)
Index
Evidence
Weight
and
Evidence
Sufficiency
of
Rule 133 Weight and Sufficiency of Evidence

Section 1 - PREPONDERANCE OF EVIDENCE, HOW
DETERMINED
In civil cases, the party having burden of proof must
establish his case by a preponderance of evidence. In
determining where the preponderance or superior
weight of evidence on the issues involved lies, the court
may consider all the facts and circumstances of the
case, the witnesses' manner of testifying, their
intelligence, their means and opportunity of knowing
the facts to which there are testifying, the nature of the
facts to which they testify, the probability or
improbability of their testimony, their interest or want
of interest, and also their personal credibility so far as
the same may legitimately appear upon the trial. The
court may also consider the number of witnesses,
though the preponderance is not necessarily with the
greater number.
Section 2 - PROOF BEYOND REASONABLE DOUBT
In a criminal case, the accused is entitled to an
acquittal, unless his guilt is shown beyond reasonable
doubt. Proof beyond reasonable doubt does not mean
such a degree of proof, excluding possibility of error,
produces absolute certainly. Moral certainly only is
required, or that degree of proof which produces
conviction in an unprejudiced mind.
Sections 1&2 give the rule on the requisite quantum of

evidence in civil and criminal cases
Last 2 sentences of Sec1: factors which the court

may take into consideration in determining the
weight to be given in testimonial evidence
Evidence must be from a credible source and must be
credible in itself
It shall be natural, reasonable, and probable as to

make it easy to believe
To be believed, it should be in accord with common

knowledge and experience of mankind
General rule: findings of judge who tried the case and
heard the witnesses are not to be disturbed on appeal,
unless there are substantial facts and circumstances
which have been overlooked and which, if properly
considered, might affect the result of the case
Issue: credibility of the witness - trial court is in the

better position to decide the question, having heard
and observed the demeanor of the witness
Unless it has plainly overlooked certain facts of

substance and value which, if considered,
might affect the outcome of the case
Does not apply if one judge heard the

witnesses and another judge penned the
decision
People vs. Magallanes (1968)

The matter of assigning values to declarations at the
witness stand is best and most competently performed by a
trial judge, who, unlike appellate magistrates, can weigh such
testimony in light of the defendants behavior, demeanor,
conduct and attitude at the trial, and the conclusions of the
trial courts command great weight and respect
People vs. Enriquez (CA, 44 OG 3853)
The trial court should not discredit a witness by the
supposed expression of lack of sincerity in his face. Facial
expressions are not necessarily indicative of ones feelings.
The trial court should have made it appear in the record and
allowed the witness the opportunity to explain why he was
showing such an expression on his face
Caluna vs. Vicente (1951)
As a general rule, the number of witnesses should not in
and by itself determine the weight of evidence, but in case of
conflicting testimonies of witnesses, the numerical factor may
be given certain weight
azereth
page 39
People vs. Quilino (CA, 50 OG 68)

The failure of a party to present merely corroborative or
cumulative evidence does not give rise to any adverse or
unfavorable presumption
Index
Evidence
People vs. Rivera (CA, 58 OG 68)
By credibility of a witness is meant his integrity,
disposition and intention to tell the truth in the testimony he
has given as distinguished from the credibility of his testimony
Arroyo vs. El Beaterio del Santissimo Rosario de Molo
(1968)
To hold that a particular person is competent to testify
upon a given matter does not mean that his testimony
thereon must be believed by the court or must be deemed by
it to be of sufficient probative value to establish the point
which it was intended to prove. Competency of a witness is
one thing, and it is another to be credible witness. Courts
allow a person to testify as a witness upon a given matter
because he is competent but may thereafter decide whether
to believe or not to believe his testimony
US vs. Macuti (26 Phil 170)

It is a well-settled doctrine that the demeanor, the
emphasis, gestures and inflection of the voice of a witness,
while testifying, are potent aids in the proper evaluation of his
credibility
Mondragon vs. CA (1974)
When a witness makes two sworn statements and these
two statements incur in the gravest contradictions, the court
cannot accept either statement as proof. The witness by his
own act of giving false testimony impeaches his own
testimony and the court should exclude it from all
consideration
People vs. Reyes (CA, 50 OG 665)
It has been said that perhaps the most subtle and
prolific of all fallacies of testimony arises out of unconscious
partisanship. Upon the happening of an accident, the
occasional passengers on board of a streetcar are very apt to
side with the employees in charge of the car (citing Wellman,
The Art of Cross-Examination)
People vs. Juarez (CA, 57 OG 2518)
The fact that a person has reached the twilight of his
life is not always a guaranty that he would tell the truth. It is
also quite common that advanced age makes a person
mentally dull and completely hazy about things which have
happened to him and, at times, it weakens the resistance to
outside influence
People vs. Abonales (106 Phil 190)

The non-production of a corroborative witness without
any explanation given why he was not so produced, weakens
the testimony of the witness who named the corroborating
witness in his testimony
Bias that which excites the disposition to see and

report matters as they are wished for rather than as they
are
People vs. Watin (CA, 67 OG 5899)

When the witnesses on both sides are equally interested
or otherwise biased, especially if there is no numerical
preponderance on either side, bias ceases to be a
consideration in determining where the weight of evidence
rests. Credit should be given to the one whose demeanor and
manner of testifying convinces the court of his veracity
Testimony of interested witness not necessarily biased

or self-serving
But may affect their credibility
People vs. Aquino (1974)

While the testimony of a co-conspirator or an
accomplice is admissible, such testimony comes from a
polluted source and must be scrutinized with great caution as
it is subject to grave suspicion
Testimony of a single witness may support a conviction

if trustworthy and reliable
And clear and convincing

Testimony of offended party not essential to convict
accused if there are already other evidence to prove the
guilt of the accused
Prosecution not obliged to present each and every

person who witnesses the occurrence but only a
azereth
page 40
Rape cases: corroborative statements not required
But testimony should be exercised with greatest

care
Garcia vs. Garcia (63 Phil 419)

The testimony of persons accidentally present at the
time of the execution of the will, but who have nothing to do
with the transaction, is not as weighty as that of the
subscribing witness
US vs. Laban (21 Phil 297)

The record of a PI constitutes no part of the final
proceedings in a cause, unless it is presented in evidence, and
the facts adduced therein are evidence only for the purpose of
testing the credibility of the witnesses
sufficient number to prove the commission of the

crime
Inconsistencies on mere details do not impair the
credibility of the witness
Actually indicate veracity rather than prevarication
Perfect dovetailing of witnesses testimonies can

generate suspicion prefabricated story
Falsus in uno, falsus in omnibus deals only with eight
of evidence and is not a positive rule of law and the rule
is not an inflexible one of universal application
Modern trend testimony of a witness may be

believed in part and disbelieved in part
Depending upon the corroborative evidence

and the probabilities and improbabilities of the
case
Does not apply where:

1.
The challenged testimony is sufficiently
corroborated on many grounds
2.
The falsity consists of mistakes on points
that are not material
3.
Such mistakes do not arise from the
apparent desire to pervert the truth but
from innocent lapses and the desire of the
witness to exculpate himself but not
completely
Affirmative testimony stronger than negative testimony
Greater weight must be given to the positive

testimony of the witness than to the denial of the
defendant
Conflict in the testimony of 2 witnesses may be due to
difference in observation or memory
Does not necessarily imply falsehood

Delay of the witness in revealing to the authorities what
he knows of the crime does not render his testimony
false
Attributed to natural reticence and abhorrence to

get involved in a criminal case
Or inherent fear of reprisal
Or intense grief
Relationship of witness to the victim does not impair
his clear and positive testimony nor give it lesser credit
Unless there is a showing of improper motive
Tunala vs. Diola (CA, 62 OG 4946)

Where a party resorts to falsehood to advance his suit,
it is presumed that he knows perfectly well that his cause is
groundless, and this presumption affects the whole mass of
evidence presented by such party
Affidavits generally subordinated in importance to open

court declarations
Often executed when the affiant is at a high pitch of

excitement
Not complete reproductions of what the declarant

have in mind because they are generally prepared
by the administering officer and the affiant simply
signs after the same have been read to him
Discrepancies between the affidavit and the open

court statement
Do not discredit the witness because ex parte

affidavits are generally incomplete for want of
suggestion and inquiries
Does not apply where the self-contradiction or

inconsistencies are on very material and
substantial matters
Index
Evidence
Only prima facie evidence of weak probative force

and should be received with caution
Conspiracy need not establish that all parties agreed to
every detail
Enough that it may be reasonably deduced that

they had a common plan to commit the felony
But must be proven beyond reasonable doubt
Need not be established by direct evidence
May be proved by a number of indefinite acts,

conditions and circumstances
Qualifying and aggravating circumstances must be
proved in an evident and incontestable manner
As conclusively as the crime itself

Self-defense one who sets up must rely on the strength
of his own evidence and not on the weakness of the
prosecution
Quantum: clear and convincing evidence

Alibi one of the weakest defenses
May be considered only when established by

positive, clear and satisfactory evidence
Must be physically impossible for the accused to be

at the scene of the crime at the time of the
commission
Strong defense when there is no positive and proper

identification of the accused as the author of the
offense
When set up, the court should not at once have a

mental prejudice against him
Section 3 - EXTRAJUDICIAL CONFESSION, NOT

SUFFICIENT GROUND FOR CONVICTION
An extrajudicial confession made by an accused, shall
not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti.
People vs. Aquiedo (108 Phil 186)

Where one accused withdraws his appeal after realizing
the futility of his defense, and the other escapes from
confinement thereby causing the dismissal of his appeal, said
acts are unmistakable signs of guilt
Flight evidence of guilt and a guilty conscience
The wicked flee even when no man pursueth,

whereas the righteous are as brave as a lion
Non-flight not an indication of innocence

Payment of taxes
Continuous payment evidence of great weight in

favor of ownership, especially if accompanied by
OCEAN possession
But not conclusive evidence of ownership
Non-payment indicative of the fact that claimant

does not believe himself to be the owner of the
property
Motive of the accused in a criminal case immaterial
But necessary in the following instances:

1.
Where identity of the assailant is in question
2.
To determine the voluntariness of the criminal
act or the sanity of the accused
3.
To determine from which side the unlawful
aggression commenced (self-defense)
4.
To determine the specific nature of the crime
committed (murder or homicide)
5.
To determine whether the shooting was
intentional or accidental
6.
Where the accused contended that he acted in
the defense of a stranger
7.
Where the evidence is circumstantial and
inconclusive
8.
Where malice is an element of the offense
Mere proof of motive, no matter how strong, cannot

sustain a conviction if there is no other evidence
establishing the guilt of the accused
Evidence is weak, without any motive reasonable

doubt
Totality of circumstance test used for the
admissibility and reliability of out-of-court identification
of suspects
Factors:
1.
Witness opportunity to view the criminal at the
time of the crime
2.
Witness degree of attention at the time
3.
Accuracy of any prior description given by the
witness
4.
Level of certainty demonstrated by the witness
at the identification
5.
Length of time between the crime and the
identification
6.
Suggestiveness of the identification procedure
azereth
page 41
Res ipsa loquitur the fact of the occurrence of an

injury, taken with the surrounding circumstances, may
permit an inference or raise a presumption of negligence
or make out a plaintiffs prima facie case and present a
question of fact for the defendant to meet with an
explanation
Doctrine is merely evidentiary or procedural in

nature
Does not dispense with the requirement of

proof of negligence
Corpus delicti actual commission by someone of the

particular crime charged
Common fact made up of 2 things:

Existence of a certain act or result forming the basis
of the criminal charge
Existence of a criminal agency as the cause of the
act or result
Identity of the accused not a necessary element
Literally means body of the crime
Proved when the evidence on record shows that the

crime prosecuted had been committed
Theft: corpus delicti
1.
Property was lost by the owner
2.
It was lost by felonious taking
Crime may be established without recovery of the

property
Illegal possession of firearms
1.
Existence of the firearm
2.
It has actually been held with animus possidendi by
the accused without the corresponding license
Murder: corpus delicti is the fact of death
Where there is doubt as to the identity of the

cadaver, in the absence of any other evidence,
there is no corpus delicti
A mere voluntary extrajudicial confession uncorroborated
by independent proof of corpus delicti is not sufficient to
sustain a judgment of conviction
Evidence may be circumstantial but it must

substantiate the confession
But corpus delicti is not synonymous with the whole

charge
Need not require that all the elements of the

crime be established independently
Were it required that, independent of the

confession, evidence be adduced sufficient in
itself to convict, the utility of a confession as a
species of proof would be illusory
People vs. Sasota (91 Phil 111)

When the complex crime of robbery with homicide is
charged and the extrajudicial confession of the accused of the
entire charge is corroborated by corpus delicti of homicide
alone, the entire confession is admissible although there is no
independent evidence of the robbery
Section 4 - CIRCUMSTANTIAL EVIDENCE, WHEN
SUFFICIENT
Circumstantial evidence is sufficient for conviction if:
a.
There is more than one circumstances;
b.
The facts from which the inferences are derived are
proven; and
c.
The combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt.
People vs. Tan-Choco; People vs. Jara (1986)
In order to convict a person accused of a crime on the
strength of circumstantial evidence alone, it is incumbent
upon the prosecution to present such circumstantial evidence
which will and must necessarily lead to the conclusion that the
accused is guilty of the crime charged beyond reasonable
doubt, excluding all and each and every reasonable hypothesis
consistent with his innocence
Circumstantial evidence is sufficient for conviction in

capital offenses
Index
Evidence
Except when law specifies the quantum of evidence,

such as in treason
Falsification, bigamy and libel - circumstantial

evidence not sufficient to sustain a conviction
Documents involved must be presented
Bigamy: direct evidence of first marriage is

necessary
Reputation
or
cohabitation
merely
corroborative
Same as in adultery, parricide or other

cases where issue of marriage is primarily
involved
Prior and coetaneous, as well as subsequent, acts of the
accused are circumstantial evidence of guilt
While motive of the accused is generally immaterial not
being an element of the crime, such motive becomes
important when the evidence of the crime is purely
circumstantial
People vs. Turtoga (2002)

The fact that the accused was in dire need of money
and the victim scolded him for soliciting a loan from her,
robbery as the motive explains the killing
Section 5 - SUBSTANTIAL EVIDENCE
In cases filed before administrative or quasi-judicial
bodies, a fact may be deemed established if it is
supported by substantial evidence, or that amount of
relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion.
Biak-na-Bato Mining Co. vs. Tanco (1991)
Substantial evidence does not necessarily mean
preponderant proof as required in ordinary civil cases, but
such kind of relevant evidence as a reasonable mind might
accept as adequate to support a conclusion
Or evidence commonly accepted by reasonably prudent

men in the conduct of their affairs
Section 6 - POWER OF THE COURT TO STOP FURTHER

EVIDENCE
The court may stop the introduction of further
testimony upon any particular point when the evidence
upon it is already so full that more witnesses to the
same point cannot be reasonably expected to be
additionally persuasive. But this power should be
exercised with caution.
Guinea vs. Vda. De Ramonal (1975)
The court has the power to stop the introduction of
testimony which will merely be cumulative
Section 7 - EVIDENCE ON MOTION
When a motion is based on facts not appearing of
record the court may hear the matter on affidavits or
depositions presented by the respective parties, but the
court may direct that the matter be heard wholly or
partly on oral testimony or depositions.
Sapida vs. De Villanueva (1972)
While the court may hear and rule upon motions solely
on the basis of affidavits or counter-affidavits, if the affidavits
contradict each other on matters of fact, the court can have
no basis to make its findings of fact and the prudent course is
to subject the affiants to cross-examination so that the court
can decide whom to believe
azereth
page 42

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Preliminary Considerations

Rule 128 General Provisions

Section 1 EVIDENCE DEFINED

Evidence - mode and manner of proving competent facts

When the requisite quantum of evidence of a

Materials which establishes the proposition

Shall not diminish, increase or modify substantive

New rules may be held applicable to cases pending

Except in criminal cases when the new rule

Principally found in ROC

Special laws: RA 4200, Code of Commerce Art

Bill of Rights Sec 2 and 3

See notes under Sec 33, Rule 130

Right against self-incrimination cannot be

RA 1379 immunity to witnesses in

PD 749 immunity in bribery and graft

Specifically applicable only in judicial proceedings

Quasi-judicial: suppletory character whenever

Autoptic proference presenting in open court

Test of relevancy logical relation of the

Materiality of evidence is determined by

Entitled to greater weight since witness

Total disclaimer of personal knowledge

Section 3 ADMISSIBILITY OF EVIDENCE

Two requisites for admissibility:

None but facts having rational probative value

All facts having rational probative value are

Therefore, admissibility is an affair of logic and law

Object evidence offered when presented for the

Testimonial offered by the calling of the witness to

Documentary formally offered by the proponent

Qualification: no bad faith on the part of the

Necessary to avoid unfair surprises to the

Conversely, where admissible evidence has

Abandoned in Stonehill vs. Diokno -> documentary

Irrelevant collateral matters inadmissible

Circumstantial evidence evidence of relevant

What Need Not Be Proved

What Need Not Be Proved

An admission, verbal or written, made by a party in the

Judicial admissions may be made in

If made in another case or in another court must

Considered as extrajudicial admissions

However, the rule seems now to include superseded

Section 2 JUDICIAL NOTICE, WHEN DISCRETIONARY

Section 3 JUDICIAL NOTICE, WHEN HEARING

Lim vs. Jabalde (1989)

Judicial notice cognizance of certain facts which judges

Based on considerations of expediency and

May be taken by court on its own motion or when it

Court will allow the parties to be heard on the

Must be exercised with caution and every

Different with ordinances:

MTC required to take judicial notice of

RTC must take judicial notice only:

Or when capable of unquestionable

Not even the decision or the facts involved in

Unless the parties introduce the same in

May not be taken judicial notice and have to be

Except: said laws are within the actual

To prove written foreign law: follow requirements in

May be subject of judicial admission