Up Law Evidence

REMEDIAL LAW REVIEWER
TABLE of CONTENTS
EVIDENCE
Table of Contents
Chapter I. General Provisions ....... 346 A. DefinitionError! Bookmark not defined. B. ScopeError! Bookmark not defined. C. ClassificationError! Bookmark not defined. D. Admissibility vs. Relevancy Error! Bookmark not defined. E. CompetenceError! Bookmark not defined. Chapter II. Which of the facts do not need proof? .................................... 346 A. Judicial NoticeError! Bookmark not defined. B. Judicial Admissions ........... Error! Bookmark not defined. Chapter III. Who must prove these facts that need to be proven? ....... 350 A. Burden of ProofError! Bookmark not defined. B. PresumptionsError! Bookmark not defined. Chapter IV. What degree of proof is needed? .......................................... 353 A. Weight and Sufficiency of EvidenceError! Bookmark not defined. B. Quantum of Evidence ............ 357 Chapter V. What available evidence is needed to prove these facts? ........ 358 A. TestimonialError! Bookmark not defined. B. DocumentaryError! Bookmark not defined. C. ObjectError! Bookmark not defined. D. Circumstantial Evidence .... Error! Bookmark not defined. E. Extrajudicial Admissions ........ 368
F. Electronic Evidence ........... Error! Bookmark not defined. Chapter VI. How do I present and offer the evidence at trial? ............. 370 A. Order of Proof ........................ 370 B. Form of Questions ................. 372 C. Offer of Evidence ................... 372 D. Objections.............................. 372 E. Tender of Excluded Evidence (R132, s40) ................................... 373 F. Electronic Examination of Witness (R10, s1, REE) ................ 374 G. Examination of a Child Witness 374 Chapter VII. A.M. No. 06-11-5-SC (2007): Rule on DNA Evidence ...... 377
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Chapter I: GENERAL PRINCIPLES
Prof Theodore O Te
Faculty Editor
EVIDENCE
EVIDENCE TEAM
CHAPTER I: GENERAL PRINCIPLES

A. B. C. D. E. F. CONCEPT OF EVIDENCE SCOPE OF THE RULES OF EVIDENCE EVIDENCE IN CIVIL CASES AS DISTINGUISHED FROM EVIDENCE IN CRIMINAL CASES PROOF AND EVIDENCE FACTUM PROBANDUM AND FACTUM PROBANS CLASSIFICATION OF EVIDENCE 1. Object, Documentary, and Testimonial 2. Direct and Circumstantial Evidence 3. Positive and Negative Evidence ADMISSIBILITY OF EVIDENCE 1. Requisites of Admissibility a. Relevancy b. Competence 2. Doctrines of Admissibility a. Multiple Admissibility b. Conditional Admissibility c. Curative Admissibility BURDEN OF PROOF AND BURDEN OF EVIDENCE PRESUMPTIONS 1. Conclusive Presumptions 2. Disputable Presumptions LIBERAL CONSTRUCTION OF THE RULES OF EVIDENCE QUANTUM OF EVIDENCE 1. PROOF BEYOND REASONABLE DOUBT 2. PREPONDERANCE OF EVIDENCE 3. SUBSTANTIAL EVIDENCE 4. CLEAR AND CONVINCING EVIDENCE
Kristie Joy B. Montes

Lead Writer Felman Gem L. Magcalas Giselle Angelica C. Muoz Michelle P. Mocorrro Sabitsana Writers
REMEDIAL LAW
Jo Blanca P.B. Labay
Subject Editor
G.
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EVIDENCE
ACADEMICS COMMITTEE
Kristine Bongcaron Michelle Dy Patrich Jerome Leccio
Editors-in-Chief
PRINTING & DISTRIBUTION

Kae Guerrero
H. I.
DESIGN & LAYOUT

Pat Hernandez Malds Menzon Rania Joya
J. K.
LECTURES COMMITTEE
Micha Arias Cams Maranan Anj Sandalo
Heads Katz Manzano Mary Rose Beley Sam Nuez Krizel Malabanan Arianne Cerezo Marcrese Banaag Volunteers
A. CONCEPT OF EVIDENCE
The means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact [Rule 128, sec. 1]
BAR CANDIDATES WELFARE

Da Salamat
B. SCOPE OF THE RULES OF EVIDENCE

General Rule: Principle of uniformity rules of evidence shall be the same in all courts and in all trials and hearings. [Rule 128, sec. 2] Exceptions: If otherwise provided by: Law (e.g., 1987 Constitution, statutes); Rules of Court. [Rule 128, sec. 2]
LOGISTICS
Cha Mendoza
SECRETARIAT COMMITTEE
Jill Hernandez
Head Loraine Mendoza Faye Celso Mary Mendoza Joie Bajo Members
C. EVIDENCE IN CIVIL DISTINGUISHED FROM CRIMINAL CASES

In Civil Cases Preponderance of evidence [Rule 133, sec. 1] Offer of compromise NOT
CASES EVIDENCE
AS IN
In Criminal Cases Proof beyond reasonable doubt [Rule 133, sec. 2] Offer of compromise by
an admission of any liability [Rule 130, sec. 27]
D. PROOF AND EVIDENCE

Proof NOT the evidence itself, but the probative effect of evidence Evidence The medium or means by which a fact is proved or disproved
3. Positive and Negative Evidence Positive Evidence Negative Evidence Witness affirms Witness states that a fact did or he/she did not see did not occur or know of the occurrence of a fact (e.g., denial)
G. ADMISSIBILITY OF EVIDENCE
1. Requisites of Admissibility Evidence is admissible when it is (a) relevant to the issue AND (b) not excluded by law or the ROC. [Rule 128, Sec. 3] a. Relevancy Evidence must have such a relation to the fact in issue as to induce belief in its existence or nonexistence. [Rule 128, Sec. 4] Collateral matters matters other than the fact in issue which are offered as a basis for inference as to the existence or non-existence of the facts in issue General Rule: Evidence on collateral matters is NOT allowed. [Rule 128, Sec. 4] Exception: When it tends in any reasonable degree to establish the im/probability of fact in issue. [Rule 128, Sec. 4] NOTE: What is prohibited by the Rules is not evidence of all collateral matters, but evidence of irrelevant collateral facts. b. Competence Evidence not excluded by (i) law or (ii) the ROC. Exclusionary rules of evidence by law are either constitutional or statutory. Constitutional Statutory
E. FACTUM PROBANDUM PROBANS

Factum Probandum The proposition to be established The fact in issue and to which the evidence is directed
AND
FACTUM
Factum Probans Facts or material evidencing the proposition The evidentiary fact tending to prove the fact in issue
F. CLASSIFICATION OF EVIDENCE
1. Object, Documentary, and Testimonial Object Documentary Testimonial Addressed Consist of Testimony to the writings or or senses of any material deposition the court. containing of a [Rule 130, letters, witness Sec. 1] words, numbers, figures, symbols or other modes of written expressions offered as proof of their
EVIDENCE
Presumption of innocence does NOT apply
the accused may be received in evidence as an implied admission of guilt (except for quasi-offenses or those allowed by law to be compromised) [Rule 130, sec. 27] Presumption of innocence a constitutional guarantee on the accused [Art. III, sec. 14]
contents [Rule 130, sec. 2] 2. Direct and Circumstantial Evidence Direct Evidence Circumstantial Proves the fact in Indirectly proves a dispute without the fact in issue an aid of any through drawn inference or inference presumption from the evidence established
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Unreasonable searches and seizures; privacy of communication and correspondence. [Art. III, secs. 2-3]
Miranda Rights: right to counsel, prohibition of torture, force, violence, threat, intimidation or other means which vitiate the free will; prohibition of secret detention places, solitary, incommunicado. [Art. III, sec. 12]
No person shall be compelled to be a witness against himself. [Art. III, sec. 17] Under the ROC, Rule 130 is the applicable rule in determining the admissibility of evidence. As distinguished from credibility of evidence Competence Credibility Eligibility of Worthiness of evidence to be belief; received as believability such
Lack of documentary stamp tax to documents required to have one makes such document inadmissible as evidence in court until the requisite stamp/s shall have been affixed thereto and cancelled. [Sec. 201, NIRC] Any communication obtained by a person, not being authorized by all the parties to any private communication, by tapping any wire/cable or using any other device/arrangem ent to secretly overhear/intercep t/record such information by using any device, shall not be admissible in evidence in any judicial/quasijudicial/legislative / administrative hearing or investigation. [Secs. 1 and 4, R.A. 4200 (WireTapping Act)] Rules on Electronic Evidence [Rule 9, sec. 1]
2. Doctrines of Admissibility a. Multiple Admissibility Where the evidence is relevant and competent for two or more purposes, such evidence shall be admitted for any or all the purposes for which it is offered, provided it satisfies all the requisites of law for its admissibility therefor. b. Conditional Admissibility Where the evidence at the time of its offer appears to be immaterial or irrelevant unless it is connected with the other facts to be subsequently proved, such evidence may be received, provided that the other facts will be proved thereafter; otherwise, the evidence already given shall be stricken out. c. Curative Admissibility Where the court has admitted incompetent evidence adduced by the adverse party, a party has a right to introduce the same kind of evidence in his/her behalf.
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H. BURDEN OF PROOF AND BURDEN OF EVIDENCE

Burden of Proof Duty of a party to present evidence on the facts in issue necessary to establish his/her claim or defense by the amount of evidence required by law [Rule 131, Sec. 1] Does not shift throughout the trial Burden of Evidence Duty of a party to go forward with the evidence to overthrow any prima facie presumption against him/her [Bautista v Sarmiento (1985)] Shifts from party to party depending upon the exigencies of the case in the course of the trial Generally determined by the developments at the trial, or by the provisions of substantive or procedural law
Generally determined by the pleadings filed by the party
I. PRESUMPTIONS
Conclusive Presumption becomes irrebuttable upon presentation of the evidence
Disputable Satisfactory if uncontradicted, but may be contradicted and overcome by other evidence [Rule 131, sec. 3]
The witnesses interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial; Number of witnesses (although preponderance is not necessarily equated with the number of witnesses). [Rule 133, sec. 1] 3. Substantial Evidence Degree of evidence required in cases filed before administrative or quasijudicial bodies [Rule 133, sec. 5] The amount of relevant evidence which a reasonable mind might accept as adequate to support a conclusion [Rule 133, sec. 5] 4. Clear and Convincing Evidence Standard of proof required in granting or denying bail in extradition cases [Government of Hongkong Special Administrative Region v Olalia, Jr. (2007)] Intermediate in character lower than proof beyond reasonable doubt, but higher than preponderance of evidence
J. LIBERAL CONSTRUCTION OF THE RULES OF EVIDENCE

Like all other provisions under the ROC, rules of evidence must be liberally construed. [Rule 1, sec. 6] Rules on Electronic Evidence shall likewise be construed liberally. [Rule 2, sec. 2, Rules on Electronic Evidence]
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K. QUANTUM OF EVIDENCE
1. Proof beyond Reasonable Doubt Applicable quantum of evidence in criminal cases [Rule 133, sec. 2] Only moral certainty is required that degree of proof which produces conviction in an unprejudiced mind. [Rule 133, sec. 2] The burden is on the prosecution to prove guilt beyond reasonable doubt, NOT on the accused to prove his/her innocence. [Boac v People (2008)] The prosecution ... must not rely on the weakness of the evidence of the defense. [Ubales v People (2008); People v Hu (2008)] 2. Preponderance of Evidence Applicable quantum of evidence in civil cases [Rule 133, sec. 1] Means that the evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other. [Habagat Grill v. DMC-Urban Property Developer, Inc.(2005); Bank of the Philippine Islands v Reyes (2008)] In determining preponderance of evidence, 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 they testify, the nature of the facts to which they testify, the im/probability of their testimony;
Chapter II: WHAT NEED NOT BE PROVED
CHAPTER II: WHAT NEED NOT BE PROVED

A. FACTS OF JUDICIAL NOTICE 1. When Mandatory 2. When Discretionary 3. Other Facts Courts may Take Judicial Notice of a. Foreign Laws b. Law of Nations c. Municipal Ordinances B. JUDICIAL ADMISSIONS 1. Requisites 2. Effects 3. How Contradicted C. CONCLUSIVE PRESUMPTIONS 1. Instances of Conclusive Presumptions 2. As Distinguished from Disputable Presumptions
With Respect to Records of Other Cases
General Rule: Courts CANNOT take judicial notice of the contents or records of other cases even if both cases may have been tried or are pending before the same judge. [Prieto v. Arroyo (1965)] Exceptions: - When there is no objection, with the knowledge of the opposing party, the contents of said other case are clearly referred to and adopted or read into the record of the latter; or - When the original or part of the records of the case is actually withdrawn from the archives at the courts discretion upon the request, or with the consent, of the parties, and admitted as part of the record of the pending case [Tabuena v. CA (1991)]
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A. FACTS OF JUDICIAL NOTICE

1. When Mandatory (without need of introduction of evidence) 1. Existence and territorial extent of states; 2. Their political history, forms of government, and symbols of nationality; 3. Law of nations; 4. Admiralty and maritime courts of the world and their seals; 5. Political constitution and history of the Philippines; 6. Official acts of the legislative, executive and judicial departments of the Philippines; 7. Laws of nature; 8. Measure of time; and 9. Geographical divisions. [Rule 129, Sec. 1] 2. When Discretionary a. Matters of public knowledge; b. Matters capable of unquestionable demonstration; and c. Matters ought to be known to judges because of their judicial functions. [Rule 129, sec. 2] Judicial notice is NOT judicial knowledge. With Respect to Courts Own Acts and Records A court MAY take judicial notice of its own acts and records in the same case. [Republic v Court of Appeals (1997)]
3. Others Facts Courts may Take Judicial Notice of a. Foreign Laws General Rule: Courts cannot take judicial notice of foreign laws. [YaoKee v. Sy-Gonzales (1988)] Exceptions: The court may take judicial notice of the foreign law: Under the Doctrine of Processual Presumption In the absence of proof, the foreign law will be presumed to be the same as the laws of the jurisdiction hearing the case. [Northwest Orient Airlines v Court of Appeals (1995)] Where the foreign law is within the actual knowledge of the court such as when the law is generally well-known, had been ruled upon in previous cases before it and none of the parties claim otherwise [PCIB v Escolin (1974)] When the foreign law is part of a published treatise, periodical or pamphlet and the writer is recognized in his/her profession or calling as expert in the subject [Rule 130, sec. 46]
b. No such admission was made. b. Law of Nations The Philippines adopts the generally accepted principles of international law as part of the law of the land. [Art. II, sec. 2, 1987 Constitution] Being part of the law of the land, they are therefore in the nature of local laws, and hence, subject to mandatory judicial notice under sec. 1 of Rule 129. c. Municipal Ordinances General Rule: Courts are NOT mandated to take judicial notice of municipal ordinances. [City of Manila v. Garcia (1967)] Exception: If the charter of the concerned city provides for such judicial notice [City of Manila v. Garcia (1967)]
C. CONCLUSIVE PRESUMPTIONS
1. Instances of Conclusive Presumptions [Rule 131, Sec. 2] a. Whenever a party has, by his own declaration/act/omission, intentionally and deliberately led another to believe a particular thing is true and to act upon such belief, he cannot, in any litigation arising out of such declaration/act/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. 2. As Distinguished from Disputable Presumptions [Rule 131, Sec. 3] a. Person is innocent of a crime or wrong; b. Unlawful act is done with an unlawful intent; c. Person intends the ordinary consequences of his voluntary act; d. Person takes ordinary care of his concerns; e. Evidence willfully suppressed would be adverse if produced; f. Money paid by one to another was due to the latter; g. Thing delivered by one to another belonged to the latter; h. Obligation delivered up to the debtor has been paid; i. Prior rents or installments had been paid when a receipt for the later ones is produced; j. A person found in possession of a thing taken in the doing of a recent wrongful act is the taker and doer of the whole act; otherwise, that things which a person possesses or exercises acts of ownership over, are owned by him; k. Person in possession of an order on himself for the payment of the money or the delivery of anything has paid the money or delivered the thing accordingly; l. Person acting in public office was regularly appointed or elected to it; m. Official duty has been regularly performed; n. A court or judge acting as such, whether in the Philippines or
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B. JUDICIAL ADMISSIONS
1. Requisites To be a judicial admission, the same: a. must be made by a party to the case; b. must be made in the course of the proceedings in the same case; and c. may be verbal or written. [Rule 129, sec. 4] 2. Effects a. It does NOT require proof. [Rule 129, sec. 4] b. It is conclusive upon the party making it, and hence, CANNOT be contradicted. [Rule 129, sec. 4] An original complaint, after being amended, loses its character as a judicial admission, which would have required no proof. It becomes merely an extra-judicial admission requiring a formal offer to be admissible. [Torres v CA (1984)] A party who judicially admits a fact cannot later challenge that fact as judicial admissions are a waiver of proof; production of evidence is dispensed with. [Alfelor v Halasan (2006] 3. How Contradicted As an exception to the general rule, judicial admissions may be contradicted only by showing that: a. It was made through palpable mistake;
elsewhere, was acting in the lawful exercise of jurisdiction; o. All the matters within an issue raised in a case were laid before the court and passed upon by it; all matters within an issue raised in a dispute submitted for arbitration were laid before arbitrators and passed upon by them; p. Private transactions have been fair and regular; q. Ordinary course of business has been followed; r. There was a sufficient consideration for a contract; s. Negotiable instrument was given or indorsed for a sufficient consideration; t. An indorsement of negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated; u. A writing is truly dated; v. Letter duly directed and mailed was received in the regular course of the mail; w. Presumptions concerning absence: x. Acquiescence resulted from a belief that the thing acquiesced in was conformable to the law/fact; y. Things have happened according to the ordinary course of nature and ordinary nature habits of life; z. Persons acting as copartners have entered into a contract of copartnership; aa. A man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage; bb. 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; cc. 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; dd. Presumptions governing children of
ee.
ff. gg.
hh.
ii.
jj.
women who contracted another marriage within 300 days after termination of her former marriage (in the absence of proof to the contrary): When Child Presumption was Born Before 180 Considered to have days after the been conceived solemnization during the former of the marriage, provided subsequent it be born within marriage 300 days after the termination of the former marriage After 180 Considered to have days been conceived following the during the celebration of subsequent the marriage, even subsequent though it be born marriage within the 300 days after the termination of the former marriage. A thing once proved to exist continues as long as is usual with things of the nature; The law has been obeyed; A printed/published book, purporting to be printed/published by public authority, was so printed/published; A printed/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; A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest; Presumptions regarding survivorship: (Applicable for all purposes except succession) When 2 persons perish in the same calamity, 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 the age of the sexes: Person Situation presumed to have survived Both < 15 y/o The older
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Both > 60 y/o The younger One < 15 y/o, the other > 60 The one <15 y/o Both > 15 and < 60 y/o, of The male different sexes Both > 15 and <60 y/o, of the The older same sex One < 15 or > The one between 60 y/o, and the those ages other between those ages kk. As between 2 or more persons called to succeed each other: If there is a doubt 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.
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Chapter III: OBJECT (REAL) EVIDENCE
CHAPTER EVIDENCE
III:
OBJECT
(REAL)
A. NATURE OF OBJECT EVIDENCE B. REQUISITES FOR ADMISSIBILITY C. KINDS OF OBJECT EVIDENCE 1. The Thing Itself a. Unique Objects b. Objects Made Unique c. Non-Unique Objects 2. Demonstrative Evidence 3. View of an Object or Scene D. CHAIN OF CUSTODY 1. Concept 2. In Relation to Narcotic Substances E. RULES ON DNA EVIDENCE 1. Meaning of DNA 2. Application for DNA Testing Order 3. Post-Conviction DNA-Testing; Remedy 4. Assessment of Probative Value of DNA Evidence and Admissibility 5. Rules on Evaluation of Reliability of the DNA Testing Methodology
lawsuit or the very one involved to prove an issue in the case. b. Authentication be Made by Competent Witness To authenticate the object, the witness must have the capacity to identify the object as the very thing involved in the litigation. A witness can testify to those facts which he/she knows of his/her personal knowledge; that is, which are derived from his/her own perception. [Rule 130, sec. 36] 3. Formally Offered The court shall consider NO evidence which has not been formally offered. [Rule 132, sec. 34]
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C. KINDS OF OBJECT EVIDENCE

1. The Thing Itself a. Unique Objects Objects that have readily identifiable marks E.g., a caliber 45 pistol by virtue of its serial number b. Objects Made Unique Objects with no unique characteristic but are made readily identifiable E.g., a typical kitchen knife with identifying marks placed on it by the witness c. Non-Unique Objects Objects with no identifying marks and cannot be marked E.g., narcotic substances NOTE: The foregoing are what the commentator Riano refers to as Categories of Object Evidence. 2. Demonstrative Evidence Not the actual thing, rather it represents or demonstrates the real thing E.g., diagrams, models, maps 3. View of an Object or Scene When an object is relevant to the fact in issue, it may be ... viewed by the court. [Rule 130, Sec. 1]
A. NATURE OF OBJECT EVIDENCE

Those addressed to the senses of the court [Rule 130, sec. 1] The right against self-incrimination CANNOT be invoked against object evidence.
B. REQUISITES FOR ADMISSIBILITY 1. Relevant General Rule: When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. [Rule 130, Sec. 1] Exceptions: Court may refuse exhibition of object evidence and rely on testimonial evidence alone if: Exhibition is contrary to public policy, morals or decency; It would result in delays, inconvenience, unnecessary expenses, out of proportion to the evidentiary value of such object; [People v. Tavera] Evidence would be confusing or misleading. [People v. Saavedra] 2. Competent a. Evidence be Authenticated To authenticate the object is to show that the object is the very thing that is either the subject matter of the
D. CHAIN OF CUSTODY
1. Meaning
A method of authenticating evidence which requires that the admission of an exhibit be preceded by evidence sufficient to support a finding that the matter in question is what the proponent claims it to be [Lopez v People (2008), as cited in People v Dela Cruz (2008) and People v Agulay (2008)] 2. In Relation to Drug Cases a. The apprehending team having initial custody and control of the drugs shall: i. physically inventory, and ii. photograph the same, iii. in the presence of - accused or the person/s from whom the drugs were seized, or his/her representative or counsel - representative from the media and the Department of Justice - any elected public official iv. who shall be required to sign the copies of the inventory and be given a copy thereof. [Art. II, sec. 21, R.A. 9165 or the Comprehensive Dangerous Drugs Act of 2002] b. Non-compliance with sec. 21 of R.A. 9165, particularly the making of the inventory and their photographing of the drugs confiscated will not render the drugs inadmissible in evidence. The issue if there is non-compliance with the law is not admissibility, but of weight evidentiary merit or probative value. [People v Del Monte (2008)]
The biological sample: (i) was not previously subjected to the type of DNA testing now requested; or (ii) was previously subjected to DNA testing, but the results may require confirmation for good reasons; The DNA testing uses a scientifically valid technique; The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case; and The existence of other factors, if any, which the court may consider as potentially affecting the accuracy of integrity of the DNA testing. [Sec. 4] b. Without prior court order This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any party. [Sec. 4] 3. Post-Conviction DNA-Testing; Remedy a. How Obtained Without need of prior court order Available to the prosecution or any person convicted by final and executory judgment Requisites: - A biological sample exists - Such sample is relevant to the case - The testing would probably result in the reversal or modification of the judgment of conviction. [Sec. 6] b. Remedy if Results Favorable to the Convict Convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin, CA or SC or any member of said courts. [Sec. 10] General Rule: If the court, after due hearing, finds the petition meritorious, it shall reverse or modify the judgment of conviction and order the release of the convict. [Sec. 10] Exception: If continued detention is justified for a lawful cause. [Sec. 10] 4. Factors to be Considered by the Court in the Assessment of the Probative Value of DNA Evidence a. Chain of custody How the biological samples were collected How they were handled
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E. RULES ON DNA EVIDENCE [A.M. NO. 0611-5-SC]

1. Meaning of DNA Evidence The totality of the DNA profiles, results and other genetic information directly generated from DNA testing of biological samples. [Sec. 3c] 2. Application for DNA Testing Order a. With prior court order The appropriate court may, at any time, either (i) motu proprio or (ii) on application of any person who has a legal interest in the matter in litigation, order a DNA testing. Such order shall issue after due hearing and notice to the parties upon a showing of the following: A biological sample exists that is relevant to the case;
Possibility of contamination b. DNA testing methodology Procedure followed in analyzing the samples Advantages and disadvantages of the procedure Compliance with scientifically valid standards in conducting the tests c. Forensic DNA laboratory Accreditation by any reputable standards-setting institution Qualification of the analyst who conducted the tests If not accredited, relevant experience of the laboratory in forensic work and its credibility d. Reliability of the testing result [Sec. 7] 5. Factors that Determine the Reliability of the DNA Testing Methodology a. Falsifiability of the principles or methods used b. Subject to peer review and publication of the principles or methods c. General acceptance of the principles or methods by the scientific community d. Existence and maintenance of standards and controls to ensure the correctness of data generated e. Existence of an appropriate reference population database f. General degree of confidence attributed to mathematical calculations used in comparing DNA profiles g. Significance and limitation of statistical calculations used in comparing DNA profiles
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Chapter IV: DOCUMENTARY EVIDENCE
CHAPTER EVIDENCE
IV:
DOCUMENTARY
b. Authenticated by Competent Witness
3. Formally Offered in Evidence C. BEST EVIDENCE RULE

1. Meaning When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself. [Rule 130, sec. 3] 2. When Applicable (General Rule) Only when the subject of inquiry is the contents of a document [Rule 130, sec. 3] The BER does not apply when the issue is only as to WON such document was actually executed or in the circumstances relevant to its execution. [People v Tandoy (1990)] 3. Meaning of Original Document a. One the contents of which are the subject of inquiry b. All such copies of a executed at or about the same time, and with identical contents NOTE: Carbon copies are deemed duplicate originals. [People v Tan (1959)] c. All such entries made and repeated in the regular course of business, at/near the time of the transaction [Rule 130, sec. 4] 4. Requisites for Introduction of Secondary Evidence (Exceptions to BER) [Rule 130, sec. 3] a. When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the offerors part b. When the original is in the custody or under the control of the party against whom it is offered, and the latter fails to produce it after reasonable notice c. When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time, and the fact sought to be established from them is only the general result of the whole d. When the original is a public record in the custody of a public officer or is recorded in a public office
A. MEANING OF DOCUMENTARY EVIDENCE B. REQUISITES FOR ADMISSIBILITY C. BEST EVIDENCE RULE (BER) 1. Meaning of the Rule 2. When Applicable 3. Meaning of Original Document 4. Requisites for Introduction of Secondary Evidence (Exceptions to BER) D. PAROL EVIDENCE RULE (PER) 1. Meaning of Parol Evidence 2. Application of the PER 3. When Parol Evidence can be Introduced 4. Distinctions between PER and BER E. AUTHENTICATION AND PROOF OF DOCUMENTS 1. Meaning of Authentication 2. Private Documents a. Offered as Authentic i. General Rule: Authentication necessary ii. Exception: Ancient Documents b. That which It is Claimed to be 3. Public Documents a. Kinds of Public Documents b. Proof of Public Documents c. Proof of Lack of Record d. Impeachment of Judicial Record 4. Alterations in a Document 5. Documents in an Unofficial Language F. RULES ON ELECTRONIC EVIDENCE 1. Electronic Evidence and Electronic Data Message 2. Probative Value or Evidentiary Weight of Electronic Documents; Method of Proof 3. Authentication of Electronic Documents and Electronic Signatures 4. Electronic Documents vis--vis the Hearsay Rule 5. Audio, Photographic, Video and Ephemeral Evidence
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A. MEANING OF DOCUMENTARY EVIDENCE Consist of writings or any material

containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents [Rule 130, sec. 2] To be deemed documentary evidence, such writings or materials must be offered as proof of their contents . If offered for some other purpose, they constitute OBJECT EVIDENCE.
B. REQUISITES FOR ADMISSIBILITY

1. Relevant 2. Competent a. Document be Authenticated
D. PAROL EVIDENCE RULE

1. Meaning of Parol Evidence Any evidence aliunde, whether oral or written, which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. 2. Application (General Rule) When the terms of an agreement (including wills) 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. [Rule 130, sec. 9] It does not apply when 3rd parties are involved. [Lechugas v. CA (1986)] 3. When Parol Evidence can be Introduced When a party presents parol evidence to modify, explain or add to the terms of a written agreement Ground/s for presenting parol evidence is put in issue in the pleading Grounds for presenting parol evidence: An intrinsic ambiguity, mistake or imperfection in the written agreement Failure of the written agreement to express the true intent and agreement of the parties thereto Validity of the written agreement Existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement. 4. Distinctions between PER and BER Parol Evidence Rule Presupposes that the original document is available in court Best Evidence Rule Contemplates the situation wherein the original writing is not available and/or there is a dispute as to whether said writing is the original Prohibits the introduction of substitutionary evidence in lieu of
Applies only to documents contractual in nature (Exception: wills) Can be invoked only when the controversy is between the parties to the written agreement, their privies or any party directly affected thereby
the original document regardless of WON it varies the contents of the original Applies to all kinds of documents
Can be invoked by any party to an action regardless of WON such party participated in the writing involved
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EVIDENCE
E. AUTHENTICATION DOCUMENTS
AND
PROOF
OF
1. Meaning of Authentication Private and Public Documents Private Public Documents Documents When offered as Admissible authentic, due without further execution and proof of its due authenticity must execution and be proved authenticity
2. Private Documents a. Offered as Authentic i. General Rule: Authentication necessary How to Prove Due Execution and Authenticity [Rule 132, sec. 20] By anyone who saw the document executed or written; OR By evidence of the genuineness of the signature or handwriting of the maker How to Prove Genuineness of Handwriting By any witness who believes it to be the handwriting of such person because: - he has seen the person write;
Prohibits the varying of the terms of a written agreement
he 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 [Rule 132, sec. 22] A comparison by the witness or the court of the questioned handwriting, and admitted genuine specimens thereof or proved to be genuine to the satisfaction of the judge [Rule 132, sec. 22] Expert evidence [Rule 130, sec. 49] ii. Exception: Ancient Documents authentication NOT necessary provided that private document be: More than 30 years old; Produced from the custody in which it would naturally be found if genuine; and Unblemished by any alterations or circumstances of suspicion. [Rule 132, sec. 21] b. That which it is claimed to be Authentication not necessary [Rule 132, sec. 20] 3. Public Documents a. Kinds of Public Documents i. 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 ii. Notarial documents (except last wills and testaments) iii. Public records, kept in the Philippines, of private documents required by law to be entered therein b. Proof of Public Documents i. Case 1: Records of Official Acts [Rule 132, sec. 24] By an official publication thereof; or By a copy of the document: Attested by the officer having the legal custody of the record, or by his deputy - that the copy is a correct
copy of the original or a specific part thereof, as the case may 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. If the record is not kept in the Philippines, with a certificate that such officer has the custody. If the record is in a foreign country, the certificate may be made by a secretary of the embassy/legation, consul-general, consul, viceconsul, consular agent or 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. ii. Case 2: Notarial Documents (except last wills and testaments) [Rule 132, sec. 30] 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. Such notarized documents are evidence, even against 3rd persons, of the facts which gave rise to their execution and of the date of execution. [Rule 132, sec. 23] iii. Case 3: Public Records of Private Documents 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. [Rule 132, sec. 27] that the copy is a correct copy of the original or a specific part thereof, as the case may 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. [Rule 132, sec. 25]
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EVIDENCE
c. 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 that such officer has the custody, is admissible to prove that the records of his office contain no such record or entry. [Rule 132, sec. 28] d. What to Establish to Impeach Judicial Record Want of jurisdiction in the court or judicial officer; Collusion between the parties; Fraud in the party offering the record, in respect to the proceedings. [Rule 132, sec. 29] 4. Alterations in a Document [Rule 132, sec. 31] 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. Failure to do so would result in the inadmissibility of evidence. Such party may show that the alteration was made: By another; Without his concurrence; With the consent of the parties affected by it; Properly or innocently made; Without changing the meaning or language of the instrument. 5. Documents in an Unofficial Language These documents are not admissible unless accompanied by a translation into English or Filipino. Parties or their attorneys are directed to have the translation prepared before trial. [Rule 132, sec. 33]
information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. For purposes of these Rules, the term electronic document may be used interchangeably with electronic data message. Electronic data message - information generated, sent, received or stored by electronic, optical or similar means. 2. Probative Value or Evidentiary Weight of Electronic Documents; Method of Proof EVIDENTIARY WEIGHT OF ELECTRONIC EVIDENCE (R7, SS1-2) In assessing the evidentiary weight of an electronic document, the following factors may be considered: a. The reliability of the manner or method in which it was generated, stored or communicated, including but not limited to input and output procedures, controls, tests and checks for accuracy and reliability of the electronic data message or document, in the light of all the circumstances as well as any relevant agreement; b. The reliability of the manner in which its originator was identified; c. The integrity of the information and communication system in which it is recorded or stored, including but not limited to the hardware and computer programs or software used as well as programming errors; d. The familiarity of the witness or the person who made the entry with the communication and information system; e. The nature and quality of the information which went into the communication and information system upon which the electronic data message or electronic document was based; or
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EVIDENCE
F. RULES ON ELECTRONIC EVIDENCE 1. Electronic Evidence and Electronic Data Message Electronic document
f.
Other factors which the court may consider as affecting the accuracy or integrity of the electronic document or electronic data message. In any dispute involving the integrity of the information and communication system in which an electronic document or electronic data message is recorded or stored, the court may consider, among others, the following factors: a. Whether the information and communication system or other similar device was operated in a manner that did not affect the integrity of the electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system; b. Whether the electronic document was recorded or stored by a party to the proceedings with interest adverse to that of the party using it; or c. Whether the electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using it. Text messages have been classified as ephemeral electronic communication under Section 1(k), Rule 2 of the Rules on Electronic Evidence, and shall be proven by the testimony of a person who was a party to the same or has personal knowledge thereof. [Vidallon-Magtolis v. Salud (2005)]
c.
by other evidence showing its integrity and reliability to the satisfaction of the judge.
A document electronically notarized in accordance with the rules promulgated by the Supreme Court shall be considered as a public document and proved as a notarial document under the Rules of Court. 4. Electronic Documents vis--vis the Hearsay Rule THE HEARSAY RULE AND THE BUSINESS RECORDS EXCEPTION (R9, SS1-2) All matters relating to the admissibility and evidentiary weight of an electronic document may be established by an affidavit stating facts of direct personal knowledge of the affiant or based on authentic records. The affidavit must affirmatively show the competence of the affiant to testify on the matters contained therein. The affiant shall be made to affirm the contents of the affidavit in open court and may be cross-examined as a matter of right by the adverse party. 5. Audio a) Audio recording b) Photograph Video recording c) Ephemeral evidence telephone conversations, text messages, chatroom sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained.
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EVIDENCE
3. Authentication of Electronic Documents and Electronic Signatures a) Authentication (R5, ss1-3; R11, ss1-2, REE) The person seeking to introduce an electronic document in any legal proceeding has the burden of proving its authenticity in the manner provided in this Rule. Before any private electronic document offered as authentic is received in evidence, its authenticity must be proved by any of the following means: a. by evidence that it had been digitally signed by the person purported to have signed the same; b. by evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for authentication of electronic documents were applied to the document; or
Chapter V: TESTIMONIAL EVIDENCE iv. Habit v. Custom, Usage and the Like 5. Hearsay Rule a. Meaning of Hearsay b. Reasons for Exclusion of Hearsay Evidence c. Exceptions to the Hearsay Rule i. Dying Declaration ii. Declaration against Interest iii. Act or Declaration about Pedigree iv. Family Reputation or Tradition Regarding Pedigree v. Common Reputation vi. Part of Res Gestae vii. Entries in the Course of Business viii. Entries in Official Records ix. Commercial Lists and the Like x. Learned Treatises xi. Testimony or Deposition at a former Trial 6. Opinion Rule a. Opinion of Expert Witness b. Opinion of Ordinary Witness 7. Character Evidence a. In Criminal Cases b. In Civil Cases
CHAPTER V: TESTIMONIAL EVIDENCE

A. WITH RESPECT TO THE WITNESS 1. Competency and Credibility 2. Qualifications of a Witness 3. Disqualifications of a Witness a. By reason of mental capacity or immaturity b. By reason of marriage c. By reason of death or insanity of adverse party d. By reason of privileged communication i. Between husband and wife ii. Between attorney and client iii. Between physician and patient iv. Between priest and penitent v. Public officers e. By reason of parental or filial privilege 4. Examination of a Witness a. Rights and Obligations of a Witness b. Order of Examination c. Leading and Misleading Questions d. Methods of Impeachment of Adverse Partys Witness i. By contradictory evidence ii. By evidence of bad reputation iii. By evidence of prior inconsistent statements (laying the predicate) 5. Rules on Examination of a Child Witness a. Applicability of the Rule b. Meaning of child witness c. Competency of a Child Witness d. Examination of a Child Witness e. Live-link TV Testimony of a Child Witness f. Videotaped Deposition of a Child Witness g. Hearsay Exception in Child Abuse Cases h. Sexual Abuse Shield Rule i. Protective Orders B. WITH RESPECT TO THE TESTIMONY 1. Res Inter Alios Acta (RIAA) Rule a. First Branch b. Second Branch 2. Admissions a. Of a Party i. By Act, Declaration or Omission ii. By Silence b. By a Third-Party i. General Rule: INADMISSIBLE st under 1 Branch of RIAA Rule ii. Exceptions: Admissions by a copartner, agent, co-conspirator, privies 3. Confessions 4. Similar Acts nd a. General Rule: INADMISSIBLE under 2 Branch of RIAA Rule b. Exceptions: When similar acts may prove i. Specific Intent or Knowledge; ii. Identity iii. Plan, System or Scheme
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EVIDENCE
A. WITH RESPECT TO THE WITNESS

1. Competency and Credibility 2. Qualifications of a Witness All persons who can perceive, and, perceiving, can make their known perception to others, may be witnesses. Religious/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. [Rule 130, sec. 20] 3. Disqualifications of a Witness a. By reason of mental capacity or immaturity [Rule 130, sec. 21] A mental retardate is not for this reason alone disqualified from being a witness. [People v. Salomon (1993)] Every child is presumed qualified to be a witness. However, the court shall conduct a competency examination of a child, motu proprio or on motion of a party, when it finds that substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court. [Sec. 6, AM
Chapter V: TESTIMONIAL EVIDENCE
00-4-07-SC (Child Witness Rule)]
Requisites of competency of a child as witness: [People vs. Mendoza (1996)] 1) Capacity of observation; 2) Capacity of recollection; 3) Capacity of communication.
b. By reason of marriage [Rule 130, sec. 22] General Rule: During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse. Exceptions: In a civil case by one against the other In a criminal case for a crime committed by one against the other or the latter's direct descendants/ascendants. Purpose: Privilege to prevent testimony by other spouse based on an aversion to use judicial compulsion in a litigation to place spouses in an opposing posture that may weaken or destroy their marriage. [People v. Francisco] This privilege is also given to a spouse to prevent the other from testifying in his favor. [People v. Franciso] c. By reason of death or insanity of adverse party [Rule 130, Sec. 23]
fact k. occurring before the death of such deceased person or before such person became of unsound mind. Exception: The survivor may testify against the estate of the deceased where the latter was guilty of fraud which fraud was established by evidence other than the testimony of the survivor. [Ong Chua v. Carr] He may also testify where he was the one sued by the decedents estate since the action then is not against the estate. [Tongco v. Vianzon] He may likewise testify where the estate had filed a counterclaim against him or where the estate cross-examined him as to matters occurring during the lifetime of the deceased. [Goi v. CA] Purpose: To guard against the temptation to give false testimony on the part of the surviving party and to put the parties to the suit upon terms of equality in regard to opportunity to produce evidence.
d. By reason of privileged communication
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EVIDENCE
Dead Mans Statute or Survivorship Rule General rule: f. Parties or assignors of parties to a case, or persons g. in whose behalf a case is prosecuted, h. against an executor/administrator or other representative of a deceased person, or against a person of unsound mind, i. upon a claim/demand against the estate of such deceased person or against such person of unsound mind, j. cannot testify as to any matter of
1) Marital privilege; [Rule 130, Sec. 24(a)] Purpose: Privilege for confidential communications justified on the ground that it promotes marital harmony. General rule: 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 Exception: a) In a civil case by one against
Marital disqualification [Rule 130, Sec. 22] Broader since it prevents all adverse testimony between spouses and not merely disclosure of confidential communications and may even cover matters occurring prior to the marriage One spouse should be a party to the case
Marital privilege [Rule 130, Sec. 24] Limited to those made during the course of the marriage
Where neither spouse is a party, this is the disqualifying rule
2) Attorney-client privilege; [Rule 130, Sec. 24(b)] General rule: The attorney-client privilege may not be invoked to refuse to divulge the identity of the client. Exception: [Regala v. Sandiganbayan (1996)] a) When a strong probability exists that revealing the name would implicate that person in the very same activity for which he sought the lawyers advice; b) When disclosure would open the client to liability; c) When the name would furnish the only link that would form the chain of testimony necessary to convict. 3) Physician-patient privilege; [Rule 130, Sec. 24(c)] Covers any advice or treatment given by a physician or any information which he may have acquired in attending to such patient in a professional capacity,
5) Public officer privilege; [Rule 130, Sec. 24(e)] A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure.
e. By reason of parental or filial privilege
[Rule 130, Sec. 25] A person cannot be compelled to testify against his parents, other direct ascendants, children or other direct descendants.
4. Examination of a Witness a. Rights and Obligations of a Witness b. Order of Examination c. Leading and Misleading Questions d. Manner of Impeachment of Adverse Partys Witness 5. Rules on Examination Witness of a Child
B. WITH RESPECT TO THE TESTIMONY

1. Res Inter Alios Acta (RIAA) Rule 2. Admissions
EVIDENCE
the other; b) In a criminal case for a crime committed by one against the other or the latter's direct descendants/ascendants. A widow of a victim allegedly murdered may testify as to her husbands dying declaration as to how he died the since the same was not intended to be confidential. [US v. Antipolo]
which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient. This does not apply when the doctor is presented as an expert witness and only hypothetical problems were presented to him. [Lim v. CA (1992)] 4) Priest-penitent privilege; [Rule 130, Sec. 24(d)] Covers any confession made to or any advice given by a priest or minister in his professional character in the course of discipline enjoined by the church to which he belongs. 360
a. Of a Party i. Admission omission ii. by Act, declaration,
must be shown by evidence other than the act or declaration. b) Requisites: a) The act/declaration must relate to the conspiracy; b) It must have been made during the existence of the conspiracy; c) The conspiracy must be shown by evidence other than such act/declaration. The existence of the conspiracy may be inferred from the acts of the accused. [People v. Belen (1963)] Where there is no independent evidence of the alleged conspiracy, the extra-judicial confession of an accused cannot be used against his co-accused as the res inter alios rule applies both to extra-judicial confessions and admissions. [People v. Alegre (1976)] This rule in Rule 130, Sec. 30 applies only to extra-judicial statements, not to testimony given on the stand. [People v. Serrano (1959)] c) Where one derives title to property from another, the act/declaration/omission of the latter, while holding the title, in relation to the property, is evidence against the former. Requisites: [People v. Du] a) There exists a relation of privity between the party and the declarant; Privity in estate may have arisen by succession, acts mortis causa or acts inter vivos. [Alpuerto v. Perez
AN
Admission by Silence [Rule 130, sec. 32] ACT/DECLARATION MADE IN THE
PRESENCE AND WITHIN THE HEARING/OBSERVATION OF A PARTY WHO DOES/SAYS NOTHING WHEN THE ACT/DECLARATION IS SUCH AS NATURALLY TO CALL FOR ACTION/COMMENT IF NOT TRUE, AND WHEN PROPER AND POSSIBLE FOR HIM TO DO SO, MAY BE GIVEN IN EVIDENCE AGAINST HIM.
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EVIDENCE
The rule does not apply if the statements adverse to the party were made in the course of an official investigation. [US v. De la Cruz]
b. By a Third-Party i. General Rule The rights of a party prejudiced by act/declaration/omission (1st branch of the res acta rule) ii. Exceptions Partners/Agents [Rule 130, sec. 29] Dssad Co-conspirators Admission [Rule 130, sec. 30] Admission by Privies [Rule 130, sec. 31]
cannot be an of another. inter alios
Admission
a) Requisites: a) The act/declaration must be within the scope of the authority of the partner/agent. b) The act/declaration must have been made during the existence of the partnership/agency. c) The partnership or agency
Pastor] b) Admission was made by declarant as predecessor-ininterest while holding title to property; c) Admission is in relation to the property.
3. Confessions
EXTRAJUDICIAL CONFESSIONS [Rule 133, Sec. 3] General rule: An extra-judicial confession made by an accused, is not a sufficient ground for conviction. Exception: When corroborated by evidence of the actual commission of a particular crime (corpus delicti).
4. Similar Acts
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EVIDENCE
CONFESSIONS [Rule 130, Sec. 33; Rule 115 (e); Art. 3, Sec. 17, Consti] A categorical acknowledgment of guilt made by an accused in a criminal case without any exculpatory statement or explanation. If the accused admits having committed the act in question but alleges a justification therefore, the same is merely an admission. [US v. Tolosa] The operative act in determining whether the right against selfincrimination has been violated is when the police investigation is: no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect who has been taken into custody by the police to carry out a process of interrogation that lends itself to eliciting incriminatory statements and not the signing by the suspect of his supposed extrajudicial confession. [People v. Compil (1995)] Any confession, including a reenactment without admonition of the right to silence and to counsel, and without counsel chosen by the accused is inadmissible in evidence. [People v. Yip Wai Ming (1996)]
5. Hearsay a. Meaning b. Reasons c. Exceptions
WHAT EVIDENCE IS HEARSAY AND UPON WHAT PROPOSITION, IF IT IS HEARSAY, CAN IT BE BROUGHT WITHIN ANY EXCEPTION? (R130, SS36-47) (Asked 2x)
HEARSAY RULE - A witness may not testify as what he merely learned from others either because he was told or read or heard the same. Such testimony is considered hearsay and may not be received as proof of the truth of what he has learned. Hearsay is not limited to oral testimony or statements; the general rule that excludes hearsay as evidence applies to written, as well as oral statements [Consunji vs. CA (2001)] Rationale: The theory of the hearsay rule is that the many possible deficiencies, suppressions, sources of error and untrustworthiness, which lie underneath the bare untested assertion of a witness, may be best brought to light and exposed by the test of cross-examination. The hearsay rule, therefore, excludes evidence that cannot be tested by cross-examination. [Consunji vs. CA (2001)] General rule: A witness can testify only as to those facts which he knows of his personal knowledge. PERSONAL KNOWLEDGE those derived from his own perception. Witnesses can testify only with regard to facts of which they have personal knowledge. It is otherwise if the purpose is merely to establish the fact that the statement was made, or the tenor of such statement. [People v. Cusi (1965)]
Doctrine of Independently Relevant Statements 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 only to prove that such were actually made. It is not covered by the hearsay rule. [People v. Cusi] (1965) Independent of WON the facts stated are true, they are relevant since they are the facts in issue or are circumstantial evidence of the facts in issue. Exceptions: (Asked 7x) l. Dying Declaration [Rule 130, Sec. 37] Antemortem statement or statement in articulo mortis. Requisites: [People v. Macandog (2001)] 1) Declaration was made under the consciousness of an impending death; 2) Declaration refers to cause and surrounding circumstances of such death; 3) Declaration refers to facts the person is competent to testify to; 4) Declaration is offered in any case wherein his
b. Declaration against interest [Rule 130, Sec. 38] Made by a person deceased, or unable to testify, against the interest of the declarant. INABILITY TO TESTIFY The person is dead, mentally incapacitated or physically incompetent. Mere absence from the jurisdiction does not make him ipso facto unavailable. [Fuentes vs. CA (1996)] Subject of declaration/act: The fact asserted was at the time it was made so far contrary to declarant's own interest that a reasonable man in his position would not have made the declaration unless he believed it to be true. The declaration should be against himself or his successors in
EVIDENCE
The testimony of a witness on the confession made to him by the accused is not hearsay. He is testifying to a fact which he knows of his personal knowledge (was testifying to the fact that the accused told him that he stabbed the victim) and not to the truth of the statement of the accused. [People v. Gaddi (1989)] 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. [People v. Aguel (1980)]
death is the subject of inquiry. However, the law does not require the declarant to state explicitly a perception of the inevitability of death.http://www.supremecourt.g ov.ph/jurisprudence/2004/feb200 4/146865.htm - _ftn36 The foreboding may be gleaned from surrounding circumstances, such as the nature of the declarants injury and conduct that would justify a conclusion that there was consciousness of impending death. [People v. Latayada (2004)] The intervening time from the making of the declaration up to the actual death of the declarant is immaterial as long as the declaration was made under the consciousness of an impending death. [US v. Mallari]
363
interest and against 3rd persons. c. Act or declaration about pedigree [Rule 130, Sec. 39] Relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, and the names of the relatives. It also embraces facts of family history intimately connected with pedigree. Requisites for admissibility: [Mendoza v. CA (1991)] 1) The declarant is dead or unable to testify. 2) The pedigree must be in issue. 3) The declarant must be a relative of the person whose pedigree is in issue. 4) The declaration must be made before the controversy arose. 5) The relationship between the declarant and the person whose pedigree is in question must be shown by evidence other than such declaration. d. Family reputation or tradition regarding pedigree [Rule 130, Sec. 40] The exception refers to reputations/traditions existing in a family previous to the controversy, in respect to the pedigree of any one of its members. It may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity. Documentary evidence allowed under the exception: Entries in family bibles or other family books, charts, engravings on rings, family portraits and the like. This enumeration, by ejusdem
generis, is limited to objects which are commonly known as "family possessions," or those articles which represent, in effect, a family's joint statement of its belief as to the pedigree of a person. These have been described as objects "openly exhibited and well known to the family," or those "which, if preserved in a family, may be regarded as giving a family tradition." [Jison v. CA (98)] A persons statement as to his date of birth and age, as he learned of these from his parents or relatives, is an ante litem motam declaration of a family tradition. [Gravador v. Mamigo (1967)] Such statement (as to his age) prevails over the mere opinion of the trial judge. [US v. Agadas (36 PHIL 246)] However, such statement (as to age) cannot generally prevail over the secondary statement of his father. [US v. Evangelista] e. Common reputation [Rule 130, Sec. 41]
Admissible exception: evidences under this
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EVIDENCE
1) Common reputation existing previous to the controversy, respecting facts of public or general interest more than 30 years old, or respecting marriage or moral character; COMMON REPUTATION The general or substantially undivided reputation although it need not be unanimous. It is the definite opinion of the community in which the fact to be proved is known
or exists. CHARACTER The inherent qualities of a person. REPUTATION The opinion of a person by others. 2) Monuments and inscriptions in public places as evidence of common reputation. f. Part of res gestae [Rule 130, Sec. 42] Statements admissible as part of the res gestae: 1) Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto, with respect to the circumstances thereof. 2) Statements accompanying an equivocal act material to the issue, and giving it a legal significance. A dying declaration can be made only by the victim after the attack while a statement as part of the res gestae may be that of the killer himself after or during the killing. [People v. Reyes] 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. [Borromeo v. CA (1976)] g. Entries in the course of business [Rule 130, Sec. 43; Rule 8, Rules on Electronic Evidence (REE)] The entry must have been made at or near the time of transactions to which they refer. The entry should have been made by a person deceased, or unable to testify, who was in a position to know the facts therein stated.
Such entry is treated as prima facie evidence, if the person who made the entries did so in his professional capacity or in the performance of duty and in the ordinary or regular course of business/duty. If the entrant is available as a witness, the 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. [Cang Yui v. Gardner] h. Entries in official records The entries must be made at or near the time of transactions to which they refer, and by a person deceased, or unable to testify, who was in a position to know the facts therein stated. The entrant must have personal knowledge of the facts stated by him or such facts acquired by him from reports made by persons under a legal duty to submit the same. [Salmon, Dexter & Co. v. Wijangco] Such record is prima facie evidence, if the person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty The report submitted by a police officer in the performance of his duties on the basis of his own personal observation of the facts reported, may properly be constituted as an exception. [Caltex v. Africa (1966)] Entries in a police blotter are not conclusive proof of the truth of such entries. [People vs. Cabuang (1993)]
365
EVIDENCE
Baptismal certificates or parochial records of baptism are not official records. [Fortus v. Novero (1968)] i. Commercial list and the like Requisites: a) Such statements are contained in a list b) The compilation is published for use by persons engaged in that occupation c) It is generally used and relied upon by them j. Learned treatises Requisites: 1) on a subject of history/law/science/art 2) court takes judicial notice of it or 3) a witness expert in the subject testifies that the writer of the statement in the treatise/periodical/pamphlet is recognized in his profession/calling as expert in the subject. k. Testimony or deposition at a former proceeding The prior testimony must have been made by a witness deceased or unable to testify, in a former case/proceeding (judicial or administrative) involving the same parties and subject matter. UNABLE TO TESTIFY An inability proceeding from a grave cause almost amounting to death as when the witness is old and has lost the power of speech. [Tan v. CA (1967)] The prior testimony may be given in evidence against the adverse party who had the opportunity to cross-examine the witness. Child Rule as a Special Exception
[Sec. 28, AM 00-4-07-SC] 1) Hearsay testimony of a child describing any act or attempted act of sexual abuse may now be admitted in any criminal proceeding subject to certain prerequisites and the adverse partys right to cross-examine. 2) The admissibility of such hearsay statements shall be determined by the court in light of specified subjective and objective considerations which provide sufficient indicia or reliability of the child witness.
366
EVIDENCE
6. Opinion
WHAT TESTIMONY INVOLVES OPINIONS AND HOW CAN OBJECTIONS THERETO BE MET? (OPINION RULE)
General rule: The opinion of a witness is not admissible. [Rule 130, Sec. 48] Exception: a) Expert witness: On a matter requiring special knowledge/skill/experience/ training which he shown to possess. [Rule 130, Sec. 49] There is no precise requirement as to the mode in which skill/experience shall have been acquired. Knowledge acquired by doing is no less valuable than that acquired by study. [Dilag Co. v. Merced (1949)] b) Ordinary witness: If proper basis is given, and regarding: [Rule 130, Sec. 50] Identity of a person about whom he has adequate knowledge; Handwriting with which he has sufficient familiarity;
Mental sanity of a person with whom he is sufficiently acquainted; Impressions of the emotion/behavior/condition/ap pearance of a person.
and tends to show is presence at the scene of the crime or in the vicinity of the crime at the time charged, or when it is evidence of a circumstance connected with the crime. [People vs. Irang (1937)]
7. Character
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EVIDENCE
WHEN IS CHARACTER EVIDENCE ADMISSIBLE? (CHARACTER [Rule 130, Sec. 51; Rule 132, Sec. 14]) General rule: Character evidence is not admissible. Exception: 1) In criminal cases: a) Accused May prove his good moral character which is pertinent to the moral trait involved in the offense charged. b) Prosecution May not prove the bad moral character of the accused, except in rebuttal. c) Offended Party His/her good or bad moral character may be proved if it tends to establish in any reasonable degree the im/probability of the offense charged. 2) In civil cases: Moral character is admissible only when pertinent to the issue of character involved in the case. [Rule 130, Sec. 51] Evidence of the witness good character is not admissible until such character has been impeached. [Rule 130, Sec. 14] While evidence of another crime is, as a rule, not admissible, it is admissible when it is otherwise relevant, as when it tends to identify defendant as the perpetrator 6. 7. RECALLING A WITNESS TO THE STAND (RECALLING WITNESSES [RULE 132, SEC. 9]) After both sides have concluded the examination of a witness, he cannot be recalled without leave of court. Examples of grounds for recalling a witness: [People v. Rivera (1991)] Particularly identified material points were not covered in the cross-examination; Particularly described vital documents were not presented to the witness; The cross-examination was conducted in so inept a manner as to result in a virtual absence thereof. 8. ADVERSE PARTY AS WITNESS (IMPEACHMENT OF ADVERSE PARTYS WITNESS [RULE 132, SEC. 11]) How done: 1) By contradictory evidence; 2) By evidence that his general reputation for truth, honesty or integrity is bad; 3) By evidence that he has made at other times statements
inconsistent testimony.
with
his
present
fact may be given in evidence against him. [Rule 130, Sec. 26] Admission
Merely a statement of fact Maybe express or tacit Flight from justice is an admission by conduct and circumstantial evidence of consciousness of guilt. [US v. Sarikala]
IMPEACHMENT OF OWN WITNESS [Rule 132, Sec. 12] General rule: The party producing a witness is not allowed to impeach the latters credibility. Exception: 1) Unwilling or hostile witness. Impeachment may be made by the party presenting the hostile or unwilling witness in all respects as if he had been called by the adverse party, except by evidence of bad character. He may also be impeached and cross-examined by the adverse party, but such crossexamination must only be on the subject matter of his examination-in-chief. 2) Witness is an adverse party or an officer/director or managing agent of a public/private corporation or of a partnership/association which is an adverse party.
Confession
Involves acknowledgement guilt/liability Must be express an of
Maybe made by 3rd parties, and in certain cases, admissible against a party
The silence of an accused under custody or his failure to deny statements by another implicating him in a crime cannot be considered as a tacit confession of his participation in the commission of the crime. [People v. Alegre (1979)] Can be made only by the party himself and are admissible against his coaccused in some instances Self-serving testimony Made in favor of the interest of the person making the statement Made in anticipation of future litigation Not admissible in evidence
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EVIDENCE
Admission Made against the interest of the person who admitted
Admissible in evidence Admissible not only against the party who made it or his successors-in-interest, but also against 3rd persons. [Viacrucis v. CA (1986)]
A. Extrajudicial Admissions
1. SELF-SERVING DECLARATIONS Requisites 1) The statement was made extrajudicially; 2) The statement is in favor of the declarants interest; 3) The statement was made in anticipation of future litigation
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. Types: 1) Verbal or written; 2) Express or tacit; 3) JUDICIAL One made in connection with a judicial proceeding in which it is offered; EXTRAJUDICIAL Any admission other than judicial (e.g. Rule 130, Sec 26 and 32). General rule: Any act/declaration/ omission of a party as to a relevant
4. RES INTER ALIOS ACTA [Rule 130, Sec. 28] Only the admissions of a partylitigant are admissible as substantive evidence. Those of non-party
witnesses may be admitted for impeachment purposes only. Extra-judicial statements of an accused implicating a co-accused may not be utilized against the latter. Exception: [People v. Raquel (1996)] a) The co-accused impliedly acquiesced in or adopted the confession by not questioning its truthfulness; b) The accused persons voluntarily and independently executed identical confessions without collusion and without contradiction by the others present; c) The accused admitted the facts after being apprised of the confession; d) If they are charged as coconspirators of the crime which was confessed by 1 of the accused and the confession is used only as a corroborating evidence; e) The confession is used as circumstantial evidence to show the probability of participation by the co-conspirator; f) The confessant testified for his co-defendant; g) The co-conspirators extra-judicial confession is corroborated by other evidence on record. 5. EXCEPTIONS ALIOS ACTA TO RES INTER
B.
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EVIDENCE
Chapter VI: OFFER OF AND OBJECTION ON EVIDENCE
CHAPTER VI: OFFER OBJECTION ON EVIDENCE

A.
OF
AND
3. EXCEPTIONS IN GENERAL a) Testimony of witness in civil cases may be given by depositions. [Rule 23 and 24] b) Depositions or conditional examinations are allowed in criminal cases. [Rule 119 and 123] Mere presentation of the affidavits of prosecution witnesses subject to crossexamination is not allowed by the ROC. [People v. Estenzo (1976)] c) Affidavits are allowed in cases covered by Rule on Summary Procedure Although affidavits of witnesses are allowed/admissible under the Rule on Summary Procedure, these may not have any probative value. [Heirs of Sabanpan v. Comorposa, (2003)] 4. RECORD OF PROCEEDINGS [Rule 132, Sec. 2] The entire proceedings of a trial/hearing should be recorded, including: The questions propounded to a witness and his answer thereto; Statements made by the judge or any of the parties/counsels/witnesses with reference to the case. 5. TRANSCRIPT TSN shall be made by the official stenographer/ stenotypist/recorder. He shall certify it as correct, and it shall be deemed prima facie a correct statement of the proceedings. That a judge did not hear a case does not necessarily render him less competent in assessing the credibility of witnesses. He can rely on the TSN of their testimony and calibrate them in accordance with
OFFER OF EVIDENCE 1. Concept 2. When to Make an Offer B. OBJECTION 1. Concept 2. Repetition 3. Motion to Strike 4. Ruling on Objections 5. Tender of Excluded Evidence
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EVIDENCE
a. Order of Proof
1. MANNER OF EXAMINATION [Rule 132, Sec. 1] In open court; Under oath/affirmation. 2. MODE OF ANSWERING General rule: Oral answers. Exception: 1. Witness is incapacitated to speak; 2. Question calls for a different mode of answer. The testimony of the witness should be elicited by questions of counsel. But the court may itself propound questions either on the direct or cross examination of the witness. [People v. Moreno (1988)]
their conformity to common experience, knowledge and observation of ordinary men. Such reliance does not violate substantive and procedural due process of law. [People v. Cadley (2004)] 6. RIGHTS AND OBLIGATIONS [Rule 132, Sec. 3] Obligation of a witness: To answer questions, although his answer may tend to establish a claim against him. Rights of a witness: a) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; b) Not to be detained longer than the interests of justice require; c) Not to be examined except only as to matters pertinent to the issue; d) Not to give an answer which will tend to subject him to a penalty for an offense, unless otherwise provided by law; Unless provided by law refers to immunity statutes such as those which the witness is granted immunity from criminal prosecution for offenses admitted (e.g. Sec. 8, RA 1379). e) 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. 7. ORDER OF EXAMINATION [Rule 132, Sec. 4]
DIRECT EXAMINATION [Rule 132, Sec. 5]
CROSS EXAMINATION
RE-DIRECT EXAMINATION [Rule 132, Sec. 7] When conducted: After the cross-examination of the witness has been concluded. Why conducted: To explain or supplement his answers given during the cross-examination. On re-direct-examination, the court in its discretion may allow questions on matters not dealt with during the cross-examination.
371
EVIDENCE
RE-CROSS EXAMINATION [Rule 132, Sec. 8] When conducted: Upon the conclusion of the redirect examination. Matters covered: The adverse party may re-crossexamine the witness on matters stated in his redirect examination, and also on such other matters as may be allowed by the court in its discretion.
Examination-in-chief of a witness by the party presenting him, on the facts relevant to the issue.
b. Form of Questions
1. OFFER OF EVIDENCE [Rule 132, Sec. 34] Purpose: For evidence to be considered by the court. In making the offer, the purpose for which the evidence is offered must be specified, because such evidence may be admissible for several purposes under the doctrine of multiple admissibility. The rule may be relaxed, provided the evidence must have duly identified by testimony duly recorded and they must have been incorporated in the records of the case. [Vda. De Orate v. CA (1995)]
1. LEADING AND MISLEADING QUESTIONS [Rule 132, Sec. 10] MISLEADING QUESTIONS Questions that assume as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. They are not allowed. LEADING QUESTIONS Questions that suggest to the witness the answer which the examining party desires. General rule: Leading questions are not allowed. Exception: 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) On an unwilling or hostile witness; A witness may be considered hostile only when declared by the court, upon adequate showing of his: [Rule 132, Sec. 12] o Adverse interest; o Unjustified reluctance to testify; o His having misled the party into calling him to the witness stand. e) On a witness who is an adverse party or an officer/director or managing agent of a public/private corporation or of a partnership/association which is an adverse party.
c. Offer of Evidence
372
EVIDENCE
2. WHEN TO MAKE OFFER [Rule 132, Sec. 35]

Kind of evidence Testimonial When to offer At the time the witness is called to testify Documentary and After the presentation of a Object partys testimonial evidence Offer shall be done orally unless allowed by the court to be done in writing.
Absence of an offer is a defect which is waived when a party fails to object when the ground became reasonably apparent, as when the witness is called to testify without any prior offer. [Catuira v. CA (1994)] The defect caused by the absence of formal offer of exhibits can be cured by the identification of the exhibits by testimony duly recorded and the incorporation of the said exhibits in the records of the case. [People v. Mate (1981)]
d. Objections
What to object to Testimonial evidence When to object Immediately after offer is
REMEDIAL LAW REVIEWER made As soon as the grounds become reasonably apparent Within 3 days after notice of the offer, unless a different period is allowed by the court The grounds for objection must be specified in any case.
Question propounded in the course of oral examination Offer done in writing
on an objection to the admissibility of evidence, without subsequently excluding the same, amounts to a denial of an objection. [People v. Tavera] 3. MOTION TO STRIKE [Rule 132, Sec. 39] The court may sustain an objection and order the answer given to be stricken off the record should a witness answer the question before the adverse party had the opportunity to voice fully its objection and such objection is found to be meritorious. The court may also, upon motion, order the striking out of answers, which are incompetent, irrelevant or otherwise improper.
e. Tender of Excluded Evidence (R132, s40)
Kind of evidence Documentary How to tender the evidence Offeror may have the same attached or made part of the record Offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony
When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled. It shall be sufficient for the adverse party to record his continuing objection to such class of questions. A court may, motu proprio, treat the objection as a continuing one. [Keller v. Ellerman & Bucknall Steamship] 2. RULING ON THE OBJECTION [Rule 132, Sec. 38] It should 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/s relied upon. Reservation of a ruling by the court
Testimonial
Documents marked as exhibits during the hearing but which were not formally offered in evidence cannot be considered as evidence nor shall they have evidentiary value. [Vda. De Flores v. WCC (1977)]
Identification of documentary evidence Done in the course of the trial and is accompanied by the marking of the evidence That a document has been identified does not mean that it will be offered Formal offer of exhibit Done only when the party rests his/her case
[Interpacific Transit v. Aviles (1990)]
EVIDENCE
1. WHEN REPETITION OF OBJECTION IS UNNECESSARY [Rule 132, Sec. 37]
373
f.
Electronic Examination of Witness (R10, s1, REE)
After summarily hearing the parties pursuant to Rule 9 of these Rules, the court may authorize the presentation of testimonial evidence by electronic means. Before so authorizing, the court shall determine the necessity for such presentation and prescribe terms and conditions as may be necessary under the circumstance, including the protection of the rights of the parties and witnesses concerned.
g. Examination of a Child Witness
presumption of competence enjoyed by a child, the burden of proof lies on the party challenging his competence. [Sec. 6(b)] When the court finds that substantial doubt exists regarding the ability of the child to perceive/remember/ communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court, a competency exam shall be conducted. The age of the child by itself is not a sufficient basis for a competency examination. [Sec. 6(a)] The court has the duty of continuously assessing the competence of the child throughout his testimony. [Sec. 6(f)] 3. EXCLUSION OF THE PUBLIC DURING THE CHILDS EXAMINATION To protect the right to the childs privacy; If the court determines on the record that requiring the child to testify in open court would cause psychological harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment/fear/timidity.
4. ALTERNATIVE TESTIMONY MODES OF GIVING
374
EVIDENCE
1. SCOPE AND APPLICABILITY It shall govern the examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It shall apply in all criminal proceedings and noncriminal proceedings involving child witnesses. [Sec. 1] The ROC provisions on deposition, conditional examination of witnesses and evidence shall be applied suppletorily. [Sec. 32]
2. CHILD WITNESS
a) Any person who at the time of giving testimony is < 18 years; b) In child abuse cases, a child includes one over 18 years but is found by the court as unable to fully take care of himself or protect himself from abuse/neglect/cruelty/exploitation/ discrimination because of a physical/mental disability or condition. Every child is presumed qualified to be a witness. To rebut the
a) Live-link television testimony, in criminal cases where the child is a victim or a witness. [Sec. 25] The court may order that the testimony of the child be taken by live-link television if there is a substantial likelihood that the child would suffer trauma from testifying in the presence of the accused, his counsel or the
prosecutor. The trauma must be of a kind which would impair the completeness/truthfulness of the childs testimony. If it is necessary for the child to identify the accused at trial, the court may allow the child to enter the courtroom for the limited purpose of identifying the accused, or the court may allow the child to identify the accused by observing the image of the latter on a television monitor. b) Screens, one-way mirrors and other devices to shield child from accused. [Sec. 26] c) Videotaped deposition. [Sec. 27] If the court finds that the child will not be able to testify in open court at trial, it shall issue an order that the deposition of the child be taken and preserved by videotape. The rights of the accused during trial, especially the right to counsel and to confront and cross-examine the child, shall not be violated during the deposition.
5. WHEN TO TESTIMONY TAKE THE CHILDS
d)
e)
f)
g)
h)
i)
The court may order that the testimony of the child should be taken during a time of day when the child is well-rested. [Sec. 14]
6. PROVISIONS FOR EASE OF CHILD IN TESTIFYING
j)
a) Interpreter for child. [Sec. 9] b) Facilitator to pose questions to child. [Sec. 10] c) Support persons. [Sec. 11] A child testifying at a judicial proceeding or making a deposition shall have the right to be accompanied by 1 or 2 persons of
his own choosing to provide him emotional support. Waiting area for child witnesses that is separate from waiting areas used by other persons. [Sec. 12] Courtroom environment is made a more comfortable environment for the child. [Sec. 13] Recess during testimony: The child may be allowed reasonable periods of relief while undergoing direct, cross, re-direct, and re-cross examinations as often as necessary depending on his developmental level. [Sec. 15] Testimonial aids: use of dolls, anatomically-correct dolls, puppets, drawings, mannequins, or any other appropriate demonstrative device to assist him in his testimony. [Sec. 16] Emotional security item: While testifying, a child shall be allowed to have an item of his own choosing such as a blanket/toy/doll. [Sec. 17] Conduct in questioning the witness: The court shall exercise control over the questioning of children so as to: [Sec. 19] Facilitate the ascertainment of the truth; Ensure that questions are stated in a form appropriate to the childs developmental level; Protect children from harassment or undue embarrassment; Avoid waste of time. The court may allow the child witness to testify in a narrative form. Weight given to testimony of child witness: His testimony, if credible by itself, shall be sufficient to support a finding of fact/conclusion/judgment subject to the standard of proof required in criminal and non-criminal cases. [Sec. 22]
375
EVIDENCE
7. HEARSAY EXCEPTION IN CHILD ABUSE CASES [Sec. 28]
Before the 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 require the child to be present at the presentation of the hearsay statement for crossexamination by the adverse party. If the child is unavailable, the fact of unavailability must be proved by the proponent and his hearsay testimony shall be admitted only if corroborated by other admissible evidence.
8. SEXUAL ABUSE SHIELD RULE [Sec. 30]
General rule: The following evidence are inadmissible in any criminal proceeding involving alleged child sexual abuse: 1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; 2) Evidence offered to prove the sexual predisposition of the alleged victim. Exception: Evidence of specific instances of sexual behavior by the alleged victim to prove that a person other than the accused was the source of semen, injury or other physical evidence shall be admissible.
9. OTHER PROTECTIVE MEASURES
The court may issue additional orders to protect the childs privacy. Publication (or causing it) in any format any identifying information of a child who is or is alleged to be a victim/accused of a crime or a witness thereof, or an immediate family of the child, shall be liable for contempt of court. A child has a right at any court proceeding not to testify regarding personal identifying information that could endanger his physical safety or his family. However, the court may require the child to testify regarding personal identifying information in the interest of justice. The records of a youthful offender shall be considered as privileged and may not be disclosed in/directly to anyone for any purpose whatsoever. Exception: If he has been charged and the court acquits him, or dismisses the case or commits him to an institution and subsequently releases him pursuant to Chap. 3, PD 603: 1) To determine if he may have his sentence suspended (under Art. 192, PD 603); 2) To determine if he may be granted probation (under PD 968); 3) To enforce his civil liability, if said liability has been imposed in the criminal action.
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EVIDENCE
Video/audio tapes that are part of the court record may be viewed only by parties, their counsel, their expert witness and the guardian ad litem. But they cannot divulge the tape (or any portion thereof) to any other person, except as necessary for the trial.
Chapter VII: RULE on DNA EVIDENCE
Chapter VII: A.M. No. 06-11-5-SC (2007): Rule on DNA Evidence
377
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REMEDIAL LAW REVIEWER

REMEDIAL LAW REVIEWER

Chapter I: GENERAL PRINCIPLES

CHAPTER I: GENERAL PRINCIPLES

Kristie Joy B. Montes

PRINTING & DISTRIBUTION

DESIGN & LAYOUT

BAR CANDIDATES WELFARE

B. SCOPE OF THE RULES OF EVIDENCE

C. EVIDENCE IN CIVIL DISTINGUISHED FROM CRIMINAL CASES

REMEDIAL LAW REVIEWER

Chapter I: GENERAL PRINCIPLES

an admission of any liability [Rule 130, sec. 27]

D. PROOF AND EVIDENCE

E. FACTUM PROBANDUM PROBANS

Presumption of innocence does NOT apply

REMEDIAL LAW REVIEWER

Chapter I: GENERAL PRINCIPLES

H. BURDEN OF PROOF AND BURDEN OF EVIDENCE

Generally determined by the pleadings filed by the party

REMEDIAL LAW REVIEWER

Chapter I: GENERAL PRINCIPLES

Conclusive Presumption becomes irrebuttable upon presentation of the evidence

J. LIBERAL CONSTRUCTION OF THE RULES OF EVIDENCE

REMEDIAL LAW REVIEWER

Chapter II: WHAT NEED NOT BE PROVED

CHAPTER II: WHAT NEED NOT BE PROVED

With Respect to Records of Other Cases

A. FACTS OF JUDICIAL NOTICE

REMEDIAL LAW REVIEWER

Chapter II: WHAT NEED NOT BE PROVED

REMEDIAL LAW REVIEWER

Chapter II: WHAT NEED NOT BE PROVED

REMEDIAL LAW REVIEWER

Chapter II: WHAT NEED NOT BE PROVED

REMEDIAL LAW REVIEWER

Chapter III: OBJECT (REAL) EVIDENCE

C. KINDS OF OBJECT EVIDENCE

A. NATURE OF OBJECT EVIDENCE

REMEDIAL LAW REVIEWER

Chapter III: OBJECT (REAL) EVIDENCE

E. RULES ON DNA EVIDENCE [A.M. NO. 0611-5-SC]

REMEDIAL LAW REVIEWER

Chapter III: OBJECT (REAL) EVIDENCE

REMEDIAL LAW REVIEWER

Chapter IV: DOCUMENTARY EVIDENCE

b. Authenticated by Competent Witness

3. Formally Offered in Evidence C. BEST EVIDENCE RULE

A. MEANING OF DOCUMENTARY EVIDENCE Consist of writings or any material

B. REQUISITES FOR ADMISSIBILITY

REMEDIAL LAW REVIEWER

Chapter IV: DOCUMENTARY EVIDENCE

D. PAROL EVIDENCE RULE

Prohibits the varying of the terms of a written agreement

REMEDIAL LAW REVIEWER

Chapter IV: DOCUMENTARY EVIDENCE

REMEDIAL LAW REVIEWER

Chapter IV: DOCUMENTARY EVIDENCE

REMEDIAL LAW REVIEWER

Chapter IV: DOCUMENTARY EVIDENCE

REMEDIAL LAW REVIEWER

CHAPTER V: TESTIMONIAL EVIDENCE