EVIDENCE

SYLLABUS

Law700M Section G04

Professor Jinkee De Ocampo Bantug
2ndTerm SY 2015-2016
Tuesdays 5:00pm-9:30 pm (4 units)
j-bantug@onu.edu
The main objective of the course is to give you at least a working knowledge of the Rules of
Evidence and special laws on Evidence. But to have a working knowledge, we have to
understand the policies, underlying reasons, and issues behind those rules. We will strive to study
these rules in such fashion that you could get a feel of how these rules play out in actual
litigations.
Required Textbook
The required textbook is Evidence (The Bar Lectures Series) by William B. Riano (2009) and of
course the Rules of Court.
Every class takes its own pace, so it is difficult to tell in advance how many sessions we will
spend on each topic. But I have structured below a working schedule to guide us on the topics we
would be taking for each session but of course, this would have to be modified as we go along.
Grading and Class Participation
20% .. Class participation
30%........................................Mid-Term Exam
50%.........................................Final Exam
Please take note that the quality of your class participation could bump your final grade up or
down a notch.
Class Attendance
I am not strict with attendance but since class recitation is graded, you will obviously get no
grade when you are not in class. We would still follow the university rule on absences and
tardiness for a four-hour course. But I am willing to be flexible in allowing a few excused

absences or late arrivals or early departures from class only for a good cause and provided that it
was brought to my attention by email before the class starts.
***I will be assigning additional cases before each class.
Rule 128 - Section 1
Basic Principles

Purpose of Evidence

Principal Classification of Evidence (Object/Real Evidences, Documentary, and

Testimonial Evidence)

Interpretation of the Rules of Evidence

Absence of a vested right in the Rules of Evidence

Rule 128 - Section 2
Scope of Evidence

Evidence in civil cases v. Evidence in criminal cases v. Evidence in administrative

cases
Positive defense v. negative defense
Factum probans v. factum probandum
Direct evidence v. circumstantial evidence
Cumulative evidence v. corroborative evidence
Positive evidence v. negative evidence

Rule 128 - Sections 3 & 4

Admissibility of Evidence and its Relevancy

Two elements of admissibility

Inadmissible evidence under the Anti-Wiretapping Law (RA No. 4200)
Inadmissible evidence on arrests, searches, and seizures cases
Test for determining the relevancy of evidence
What is competent evidence?
Admissible evidence v. credible evidence
Admissibility and weight of evidence

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Cases:
1) Jeselva v. People, GR No. 187725, 19 January 2011
2) Cometa v. Court of Appeals, GR No. 124062, 29 December 1999
3) Hernandez v. Court of Appeals, GR No. 104874, 14 December 1993
4) Dizon v. CTA, GR No. 140944, 30 April 2008
5) Garcillano v. House of Rep., et. al., GR No. 170338, 23 December 2008
6) Lejano v. People, GR No. 176389, 14 December 2010
7) Land Bank of the Phil. v. Wycoco, GR No. 140160, 13 January 2004
8) People v. Lauga, GR No. 186228, 15 March 2010
9) PLDT v. CIR, GR No. 157264, 31 January 2008
10) Silkair Singapore v. CIR, GR No. 184398, 25 February 2010

Rule 129 Sections 1-4

Judicial Notice

Mandatory Judicial Notice

Discretionary Judicial Notice

Judicial Admissions

Judicial Admission (pre-trial and trial stages)

Consequences

Admissions v. confessions
Cases:
1)
2)
3)
4)
5)
6)
7)
8)
9)

People v. Hermanes, GR No. 139416, 12 March 2002

Arthur Lim & Ersando v. Hon. Exec. Secretary et. al., GR No. 151445, 11 April 2002
Asian Terminals Inc. v. Malayan Insurance Co., GR No. 171406, 4 April 2011
B.E. San Diego, Inc. v. CA, GR No. 159230, 18 October 2010
Expert Travel & Tours Inc. v. CA, GR No. 152392, 26 May 2005
Land Bank v. Wycoco, GR No. 140160, 13 January 2004
Land Bank v. Sps. Banal, GR No. 143276, 20 July 2004
Metropolitan Bank and Trust Co. v. Sps. Miranda, GR No. 187917, 19 January 2011
New Sun Valley Homeowners Assoc. Inc. v. Sangguniang Baranggay et. al., GR No.
156686, 27 July 2011
10) PCGG v. Sandiganbayan, GR No. 157592, 17 October 2008
11) People v. Alviz, GR Nos. 144551-55, 29 June 2004
12) Silkair Singapore v. CIR, GR No. 184398, 25 February 2010
13) Solidbank Corp. v. Mindanao Terro Alloy Corp. et. al., GR No. 153535, 28 July 2005
14) Sps. Latip v. Chua, GR No. 177809, 16 October 2009
15) Cuenco v. Talisay Tourist Sports Complex Inc. GR No. 174154, 17 October 2008
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16) Fajardo v. People, GR No. 190889, 10 January 2011

17) People v. Hermanes, GR No. 139416, 12 March 2002
18) Malayan Insurance Inc. v. Philippine First Insurance Co, Inc. GR No. 184300, 11 July
2012
19) People v. Alviz, GR Nos. 144551-55, 29 June 2004
20) People v. Olimba, GR No. 185008, 22 September 2010
21) G Holdings Inc. v. NAMAWU et. al., GR No. 160236, 16 October 2009
22) Corpuz v. Solicitor General, GR No. 186571, 11 August 2010
23) Atillo III v. Lhullier et. al., GR No. 119053, 23 January 1997

Rule 130 Section 1

Object/Real Evidence

Requisites for Admissibility of Object Evidence

Object evidence and the right against self-incrimination
Categories of Object Evidence
Demonstrative Evidence
Ephemeral Electronic Communication
Courts viewing or ocular inspection/Venue for Object Evidence
Rules on DNA Evidence

Rule 130 Section 2

Documentary Evidence

Theory of indivisibility of the document

Rules on Electronic Evidence

Rule 130- Sections 3-8

Best Evidence Rule

Application
Exceptions (Secondary Evidence)

Rule 130 Section 9

Parol Evidence Rule
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Application
Best evidence rule v. parol evidence rule
Where parol evidence is not applicable
Exceptions to parol evidence rule
Waiver of parol evidence

Rule 130 Sections 10-19

Cases:
1) Aznar v. Citibank N.A. GR No. 164273, 28 March 2007
2) Cabugao v. People, GR No. 158033, 30 July 2004
3) Citibank NA Mastercard v. Teodoro, GR No. 150905, 23 September 2003
4) Cruz v. CA, et. al., GR No. 79962, 10 December 1990
5) Cuevas v. Munoz, GR No. 140520, 18 December 2000
6) Dick Go v. CA, GR No. 112550, 5 February 2001
7) Edsa Shangrila Hotel et. al., BF Corporation, GR No. 145842, 27 June 2008
8) Flora, et. al., v. Roberto, et. al., GR No. 156879, 20 January 2004
9) Garcia Vda. De Chua v. CA, et. al., GR No. 116835, 5 March 1998
10) Heirs of Sabanpan, et. al., v. Comorposa, GR No. 152807, 12 August 2003
11) Magdayao v. People, GR No. 152881, 17 August 2004
12) Metro Manila Transit Corp. v. CA, GR No. 104408, 21 June 1993
13) NPC v. Codilla, Jr., GR No. 170491, 4 April 2007
14) People v. Magno, GR No. 126049, 25 September 1998
15) Pagsuyuin v. IAC, GR No. 72121, 6 February 1991
16) Paradise Sauna, et. al., v. Alejandro Ng, GR No. L-66394, 5 February 1990
17) Pilipinas Bank v. CA, GR No. 141060, 29 September 2000
18) Prosperity Credit Resources Inc. v. CA, GR No. 114170, 15 January 1999
19) Sps. Villanueva v. CA, GR No. 84464, 21 June 1991
20) People v. Tandoy, GR No. 80505, 4 December 1990
21) Tijing v. CA, GR No. 125901, 8 March 2001
Note: I will be announce shortly the cases for the following provisions:
Rule 130 Section 20
Testimonial or Oral Evidence

Nature
Qualifications of a witness
Competency v. credibility of a witness

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Rule 130 Section 21

Disqualification by reason of immaturity

Rule on Examination of a Child Witness (A.M. No. 004-07-SC, December 15,

2000)

Rule 130 Section 22

Disqualification by reason of marriage (Spousal Immunity)

Application
Exceptions
Testimony where spouse is accused with others
Testimony by the estranged spouse

Rule 130 Section 23

Disqualification by reason of death or insanity of adverse party (Dead Mans Statute)

Application

Rule 130 Section 24

Disqualification by reason of privileged communication

Marital disqualification rule v. marital privileged communication rule

Attorney-Client Privilege and its waiver
Physician-patient privilege and its waiver
Priest/minister-penitent privilege
Public Officers
Privilege communications under the Rules on Electronic Evidence

Rule 130 Section 25

Parental and filial privilege

See Article 215 of the Family Code of the Philippines

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Rule 130 Sections 26-35

Admissions and Confessions (Read Peralta, Jr., pp. 225-268)
Rule 130 Section 36
Hearsay Evidence

Rationale for excluding hearsay evidence

Application
Requisites
Doctrine of Indendently Relevant Statements

Rule 130 Sections 37-47

Exceptions to the Hearsay Rule (See Peralta, Jr., pp. 280-315)

Dying Declaration
- Elements
- Rationale
- Impeachment

Declaration against interest

- Elements
- Rationale

Act or declaration about pedigree

Family reputation or tradition regarding pedigree
Common reputation
Parts of the res gestae
- Application
- Rationale
- Elements

Business entries
Public/Official Records
Commercial lists
Learned treatises
Reported testimony rule

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Rule 130 Sections 48-50

Opinion Rule

Admissibility of opinion evidence

Expert evidence

Rule 130 Section 51

Character Evidence
Rule 131 Section 1

Nature
Test for determining where burden of proof lies
Where burden of proof is fixed
Onus Probandi and quantum of evidence (See Peralta, Jr., pp. 343-355)
- The plaintiff
- The defendant
- The prosecution

Burden of proof v. burden of evidence

Equipoise rule or equiponderance doctrine

Rule 131 Section 2

Conclusive presumption

Kinds of presumptions
Estoppels
Landlord-tenant relation

Rule 131 Section 3

Rule 132 Sections 1-40
See Riano, pp. 308-335

Importance of offer of evidence ( See Peralta, Jr., pp. 484-510)

- How an offer of evidence is made
- General and specific objections
- Formal and substantive objections
- Belated objections/waiver
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Tenor of objection

Rule 133

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