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EVIDENCE

Syllabus
General principles
Concept of evidence
Scope of the Rules of Evidence
a) Covered courts; quasi-judicial bodies
b) Procedural
c) Prospective
Evidence in civil cases, criminal cases
Proof versus evidence
Factum probans versus factum probandum
Additional evidence
Corroborative evidence
Cumulative evidence
Admissibility of evidence
Requisites for admissibility of evidence
Relevance of evidence and collateral matters
Collateral matters
Multiple admissibility
Conditional admissibility
Curative admissibility
Direct and circumstantial evidence
Positive and negative evidence
Competent and credible evidence
Falsus in uno, falsus in omnibus
Alibi
Delay in filing complaint
Flight
Burden of Proof and Burden of Evidence
Burden of proof
Burden of evidence
Equipoise rule
Presumptions
Concept of presumptions
Distinguished from inference
Effect of presumptions
Estoppel
Conclusive presumptions
Disputable presumptions
Presumption of death
Weight and Sufficiency of Evidence

Proof beyond reasonable doubt


Preponderance of evidence
Substantial evidence
Evidence required in writ of amparo
Clear and convincing evidence
Weight of electronic evidence
Judicial notice
What need not be proved?
Matters of judicial notice
a) Mandatory
b) Discretionary
Judicial notice of foreign laws, law of nations and municipal
ordinance
Judicial admissions
Effect of judicial admissions
Implied admissions
Admissions during pre-trial
Admissions in amended pleaadings
How judicial admissions may be contradicted
Object evidence
Nature of object evidence
Requisites for admissibility
Categories of object evidence
Demonstrative evidence
View of an object or scene
Chain of custody, in relation to Section 21 of the Comprehensive
Dangerous Drugs Act of 2002
Rule on DNA Evidence (A.M. No. 06-11-5-SC)
a) Meaning of DNA
b) Applicable for DNA testing order
c) Post-conviction DNA testing; remedy
d) Assessment of probative value of DNA evidence and
admissibility
e) Rules on evaluation of reliability of the DNA testing
methodology
Documentary evidence
Meaning of documentary evidence
Requisites for admissibility
Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
Scope; coverage; meaning of electronic evidence;
electronic data message.

Probative value of electronic documents or evidentiary


weight; method of proof.
Authentication of electronic documents and electronic
Signatures.
Electronic documents vis-a-vis the hearsay rule
Audio, photographic, video and ephemeral evidence
Best Evidence Rule
Meaning of the rule
When applicable
Meaning of original
Requisites for introduction of secondary evidence
Parol Evidence Rule
Application of the parol evidence rule
When parol evidence can be introduced
Distinctions between the best evidence rule and parol
evidence rule
Authentication and proof of documents
Meaning of authentication
Public and private documents
When a private writing requires authentication; proof of a
en evidence of authenticity of a private writing is not
required (ancient documents)
How to prove genuineness of a handwriting
Public documents as evidence; proof of official record
Attestation of a copy
Public record of a public document
Proof of lack of record
How a judicial record is impeached
Proof of notarial documents
How to explain alterations in a document
Documentary evidence in an unofficial language
Qualifications of a witness
Competency versus credibility of a witness
Disqualifications of witnesses
By reason of mental capacity or immaturity
By reason of marriage
By reason of death or insanity of adverse party
By reason of privileged communications
Examination of a witness
Rights and obligations of a witness

Order in the examination of an individual witness


Direct examination
Cross examination
Re-direct examination
Re-cross examination
Recalling the witness
Leading and misleading questions
Rule on Examination of a Child Witness (A.M. No. 004-07-SC)
Applicability of the rule
Meaning of child witness
Competency of a child witness
Examination of a child witness
Live-link TV testimony of a child witness
Videotaped deposition of a child witness
Hearsay exception in child abuse cases
Sexual abuse shield rule
Protective orders
Methods of impeachment of adverse partys witness
How the witness is impeached by evidence of inconsistent
statements (laying the predicate)
Evidence of the good character of a witness
Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
Admission by a party
Admissions and confessions
Res inter alios acta rule
Admission by others
Admission by a third party
Admission by a co-partner or agent
Admission by a conspirator
Admission by privies
Admission by silence
Confessions
Similar acts as evidence
Judicial Affidavit Rule
Scope of rule
Application to criminal cases
Contents of Judicial Affidavit
Sworn attestation of lawyer
Filing and service of judicial affidavit
Failure to submit and remedy
Offer of testimony

Objections to testimony
Appearance of witness
Effect of failure to appear
Hearsay Rule
Meaning of hearsay
Reason for exclusion of hearsay evidence
Exceptions to the hearsay rule
Dying declaration
Declaration against interest
Act or declaration about pedigree
Family reputation or tradition regarding pedigree
Common reputation
Part of the res gestae
Entries in the course of business
Entries in official records
Commercial lists and the like
Learned treaties
Testimony or deposition at a former trial
Opinion evidence
Opinion of expert witness
Opinion of ordinary witness
Character evidence
Criminal cases
Civil cases
Examination of child witness
Applicability of rule
Examination how made
Exception to hearsay rule
Character evidence
Confidentiality of record
Protective orders
Offer and objection
Offer of evidence
When to make an offer
Objection
Repetition of an objection
Ruling
Striking out of an answer
Tender of excluded evidence