Treason- is committed by a Filipino citizen or a resident alien who levies war against the Government of

the Philippines or adheres to its enemies giving them aid and comfort. No person can be convicted of
treason unless based upon the testimony of two witnesses to the same overt act or on the confession of
the accused in open court. This is a wartime crime, and cannot be committed in times of peace. This is
one of the heinous crimes specified in R.A. No. 7659.
Conspiracy and Proposal to Commit Treason- They are punishable even if they are mere preparatory
acts for treason since in this crime, the very existence of the State in jeopardy.
Misprision of Treason- is committed by a Filipino citizen who, having knowledge any conspiracy against
the Philippine Government conceals or does not disclose or make known the same as soon as possible to
the Governor or Fiscal of the Province or Mayor or Fiscal of the city in which he resides. This is actually a
crime of omission.
Espionage- is committed by any person who, without authority therefor, enters a warship, for, naval or
military establishment or reservation to obtain any information, plans, photographs or data of a
confidential nature relative to the defense of the Philippines, or being in possession by reason of the
public office he holds of articles, data or information, discloses their contents to a representative of a
foreign nation.
Inciting to War or Giving Motives for Reprisals- is committed by any person who by unlawful or
unauthorized acts, provokes or gives occasion for a war involving or liable to involve the Philippines, or
exposes Filipino citizens to reprisals on their persons or property. Thus, a public officer or a private
individual who burns a Singaporean flag in public to protest against the execution of a Filipino maid
convicted of a crime in Singapore commits this offense.
Violation of Neutrality- any person who, on the occasion of a war in which the Philippines is not
involved, violates any regulation issued by competent authority for the purpose of enforcing neutrality is
guilty of this crime. The regulation must be issued by a competent authority like the President of the
Philippines or the Chief of Staff of the Armed Forces of the Philippines, during a war between different
countries in which the Philippines is not taking sides.
Correspondence with Hostile Country- any person, who in times of war in which the Philippines is
involved, makes correspondence with an enemy country or territory occupied by enemy troops when such
correspondence is prohibited by the Government or carries ciphers or conventional signs or contains
notice or information which might be useful to the enemy, shall be held liable for this offense. This is also
wartime crime.
Flight to Enemys Country- an offense committed in times of war by any person owing allegiance to the
Philippine Government, either a Filipino or resident alien, who attempts to flee or go to an enemy country
when prohibited by competent authority. Mere attempt is punishable.
Piracy- is committed by any person who, not being a member of the complement nor a passenger, shall,
on the high seas, attack or seize a vessel, its equipment or personal belongings of its complement or
passengers. While under the Revised Penal Code the scene of the attack is in the high seas, under R.A.
No. 7659, even if the attack is in Philippine waters, there is still piracy.
Parricide- any person who shall kill his father, mother or child whether legitimate or illegitimate, or any of
his other ascendants or other descendants or his spouse shall be guilty of Parricide.
Infanticide- is the killing of a child less than three (3) days old.
Abortion- Intentional when the offender shall intentionally cause the abortion and Unintentional when the
offender caused an abortion unintentionally but by violence.
Murder- killing of another which is not Parricide, Infanticide and provided that the following circumstances
are attendant:
A. With treachery, taking advantage of superior strength, with the aid of armed man, or employing
means to weaken the defense or means to insure or afford impunity;
B. In consideration of a price, reward, or promise;

C. By means of inundation, fire, poison, explosion, shipwreck, standing of a vessel, derailment of or

assault upon a street car or locomotion, fall of an airship, by means of motor vehicles, or with the
use of any other means involving great waste and ruin;
D. On occasion of any of the calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;
E. With evident premeditation;
F. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim or outraging or
scoffing at his person or corpse.
Murder is one of the instances when man descends to a level lower than that of the beast, for it is
non-instinctive killing, a deliberate destruction of a member of the same species for reasons other than
survival.
Death Under Exceptional Circumstances- Any legally married person who, having surprised his spouse
in the act of sexual intercourse with another, shall kill any or both of them in the act or immediately
thereafter or shall inflict upon them any serious physical injury shall be penalized by destiero.
Homicide- It is the killing of a person when not any of the circumstances mentioned in the Article 248
(Murder) is attendant (even if the present but not alleged in the information), the killer is not the relative
mentioned in Art. 246 (Parricide), and the victim is not less than three (3) days old. In other words, to
classify killing as Homicide, it must not be murder, Parricide, infanticide or Abortion. It would seem that the
processes would be one of elimination. The killing however must not be justified under any of the
justifying circumstances provided for in Article 11, RPC.
Death in a Tumultuous Affray- When several persons not comprising groups organized for the purpose
of assaulting each other reciprocally, quarrel and assault each other in a confused and tumultuous
manner, and somebody died in the course of the affray and it cannot be ascertained who killed the
deceased, those who inflicted serious physical injuries shall be the ones liable, and the penalty is prision
mayor.
Giving Assistance to Suicide- Any person who assists another to commit suicide to the extent of doing
the killing himself shall suffer the penalty of reclusion temporal. This penalty is the same penalty for those
guilty of Homicide under Article 249. Thus, one who, upon a plea of his friend to pull the trigger of the gun
in which he himself poked on his temple as he could no longer bear the pain due to a brain cancer,
squeezed the said trigger causing the death of his long-suffering friend, is liable under this article.
Duel- The penalty of reclusion temporal shall be imposed upon any person who shall kill his adversary in
a duel. A duel involves or an agreement to fight under determined conditions and with the participation
and intention of seconds, who fix such conditions.
Delivering Prisoners from Jail- This is committed by any person who shall remove from any jail or penal
establishment; any person confined therein or shall help the escape of such person. If he uses violence,
intimidation or bribery, the penalty is arresto mayor in its maximum period to prision correccional in its
minimum period. If other means are used, the penalty is arresto mayor.
Infidelity in the Custody of Prisoners- This is the offense committed by the public officer who has in his
custody or charge, a prisoner, whether detention prisoner or one by final judgment.
Evasion of Service of Sentence- This crime deals the offenses committed by the prisoner himself. There
are three (3) classes of this crime:
A. Evasion of Service
B. Evasion of Service of Sentence on the Occasion of Disorders
C. Violation of Conditional Pardon
In all these three (3) crimes, the prisoner involved is only a prisoner by final judgment. A detention
prisoner even if he escapes from confinement has no criminal liability. Thus, escaping from his prison cell
when his is still on appeal does not make said prisoner liable for Evasion of Service of Sentence.
Quasi-Recidivism- Any person who shall commit a felony after having been convicted by final judgment
before beginning to serve sentence or while serving the same, shall be punished by the maximum period
of the penalty prescribed by law for the new felony.

Robbery- It is committed by any person who, with intent to gain, shall take any personal property
belonging to another, by means of violence against or intimidation of any person, or by using force upon
anything.
Robbery with Homicide- the penalty to be imposed is reclusion perpetua to death when by reason or on
occasion of the robbery, the crime of Homicide shall have been committed, or when the Robbery shall
have been accompanied by Rape or Intentional Mutilation or Arson.
Robbery with Rape- Actually, the law uses the phrase shall have been accompanied by.
Theft- Theft is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without the latters
consent.
Qualified Theft- The crime shall be punished by penalties two (2) degrees higher if committed by a
domestic servant, or with grave abuse of confidence, or if the property stolen is a motor vehicle, mail
matter or large cattle, or consists of coconut from the premises of a plantation, or fish taken from the
fishpond, or when taken on the occasion of fire, earthquake, typhoon, volcanic eruption or any other
calamity, vehicular accident or civil disturbance.
Theft of Motor Vehicle- When the subject is motor vehicle, the theft becomes qualified. Under R.A. No.
6539, Anti-carnapping Act of 1972, the term motor vehicle includes, within its protection, any vehicle
which uses the streets, with or without the required license, or any vehicle which is motorized using the
streets, such as a motorized tricycle.
R.A. No. 6539 defines carnapping as the taking, with intent to gain, of a motor vehicle belonging
to another without the latters consent, or by means of violence against or intimidation of persons, or
using force upon things.
Brigandage- When more than three (3) armed persons form a band of robbers for the purpose of
committing robbery in the highway, or kidnapping for the purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of force and violence, they shall be deemed highway robbers
or brigands.
Arson- After considering all the articles involving arson, it would seem that the appropriate definition of
this crime is that it is a malicious destruction of real property by means of fire. If the property burned is
personal property except train, airplane, vessel, watercraft or conveyance for transportation of persons or
property, in motion, it would seem that the crime is malicious mischief.
The burning of any other building outside of the circumstances mentioned in Destructive Arson is
classified as Other Cases of Arson. Where the accused was charged with violation of P.D. No. 1613
without specifying the particular provision breached and with the information failing to allege whether or
not the burnt house is inhabited, and not having established that it was situated in a populated or
congested area, he should be deemed to have been charged only with plain Arson under Sec. 1 of P.D.
No. 1613.
If the property burned shall be the exclusive property of the offender, he shall be punished by
arresto mayor in its maximum period to prision correccional minimum, if arson shall have been committed
for the purpose of defrauding or causing damage to another, or prejudice shall have been actually
caused. In the absence of such purpose or of any damage, it would seem that no crime was committed.
Malicious Mischief- Any person who shall deliberately cause the property of other any damage not
falling within the terms of the next preceding chapter (Arson) shall be guilty of Malicious Mischief.
Adultery- Adultery is committed by any married woman who shall have sexual intercourse with a man not
her husband and by the man who has carnal knowledge of her knowing her to be married, even if the
marriage be subsequently declared void. The penalty is prision correccional in its medium and maximum
period but if the guilty wife was abandoned without justification by the offended husband, the penalty shall
be lowered by one degree.
Concubinage- Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse under scandalous circumstances with a woman not his wife, or shall cohabit with her in any

other place shall be guilty of Concubinage. He shall be punished by prision correccional in its minimum
and medium periods while his concubine shall suffer the penalty of destierro.
Sexual Intercourse Under Scandalous Circumstances- To quote former Chief Justice Ramon Aquino
in his book, x x x for the existence of the crime of concubinage by having sexual intercourse under
scandalous circumstances, the latter must be imprudent and wanton as to offend modesty and sense of
morality and decency. The unlawful union of a married man with a woman not his wife, when the two love
within a town and in the same house as lawful husband and wife, go together through the streets of the
town, frequent places where large crowds gather and commit acts in plain sight of the community without
caution and with effrontery, is a procedure that gives rise to criticism and general protest among the
neighbors. By its bad example, it offends the conscience and feeling of every person.
Thus, where the accused and his mistress lived in the same room of a house, comported
themselves as husband and wife publicly and privately, giving the impression to everybody that they were
married, and performed acts in sight of the community which gave rise to criticism and general protest
among the neighbors, they committed Concubinage.
Acts of Lasciviousness- Any person who shall commit any act of lasciviousness upon other persons of
either sex, under any of the circumstances mentioned in Art. 335 shall be punishable by prision
correccional.
The feeling of lasciviousness is an emotional process that differs in intensity among different
persons in different situations, discernible only by overt acts so that no inflexible rule can be laid down as
an accurate measure. When the accused not only kissed and embraces the complainant but also fondled
her breast with the particular design to independently derive vicarious pleasure therefrom, the element of
lew design exists. To be guilty of this crime however, the acts of lasciviousness must be committed under
any of the circumstances that had there been sexual intercourse, the crime would have been Rape.
Where circumstances however are such, indicating a clear intention to lie with the offended party, the
crime committed is Attempted Rape. Thus, when the accused lifted the dress of the offended party, and
placed himself on top of her but the woman awoke and screamed for help and despite that, the accused
persisted in his purpose, tearing the drawers, kissing and fondling her breasts, the crime is not only Acts
of Lasciviousness but that of Attempted Rape. If, on the other hand, lewd design cannot be proven as
where the accused merely kissed and embraced the complainant either out of passion or other motive,
touching her breast as a mere incident, the act would be categorized as Unjust Vexation.
Seduction- Qualified and Simple- Sexual intercourse with a virgin over twelve (12) and under eighteen
(18) years of age by any person in authority, priest, house servant, domestic, guardian, teacher, or any
person who, in any capacity, is entrusted with the education or custody of the woman, otherwise the crime
is Rape. Here too, the girl is over twelve (12) but below eighteen (18) otherwise the crime again would be
Rape.
Corruption of Minors- Any person who shall promote or facilitate the prostitution or corruption of persons
underage to satisfy the lust of another is guilty of corruption of minors and shall be punished by prision
mayor.
White Slave Trade- This is the crime committed by any person who, in any manner, or under any pretext,
engages in the businesses or shall profit by prostitution or enlists the service of women for the purpose of
prostitution. It consists of any of the three acts:
1. Engaging in the business of prostitution
2. Profiting by prostitution; and
3. Enlisting the services of women for the purpose of prostitution
Abduction- Forcible and Consented- The abduction of any woman against her will and with lewd
designs is Forcible Abduction to be punished by reclusion temporal while the abduction of a virgin over
twelve (12) and under eighteen (18) years of age, carried out with consent and with lewd design is
Consent Abduction. If the female abducted be under twelve (12) years of age, the crime is Forcible
Abduction even if it was with her consent.
Direct Bribery- Any public officer, who shall agree to perform an act constituting a crime, in connection
with the performance of his official duties, in consideration of any offer, promise, gift or present received
by such officer, personally or through the meditation of another, shall suffer the penalty of prision mayor in

its medium and maximum period and a fine of not less than three times the value of the gift, in addition to
the penalty corresponding to the crime agreed upon, if the same shall have been committed.
Qualified Bribery- If any public officer is entrusted with law enforcement and he refrains from arresting or
prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in
consideration of any offer, promise gift, or present, he shall suffer the penalty for the offense which was
not prosecuted.
Kidnapping and Serious Illegal Detention- Any private individual who shall kidnap or detain another, or
in any manner deprive him of his liberty shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted for more than three (3) days;
2. If it shall have been committed simulating public authority;
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained or
if threats to kill him shall have been made;
4. If the person kidnapped or detained shall be a minor except when the accused is any of the
parents, female or a public officer.
Arbitrary Detention- Any public officer or employee who, without legal grounds, detains a person shall
be guilty of Arbitrary Detention and shall be penalized as follows: if the detention has not exceeded three
(3) days- arresto mayor maximum to prision correccional minimum, more than three (3) days but not more
than fifteen (15) days- prision correccional in its medium and maximum periods, more than fiftee (15)
days but not more than six (6) months- prision mayor, and if the detention shall have exceeded six (6)
months, the penalty is that of reclusion temporal.
Delay in the Delivery of Detained Persons- In this crime, unlike on Arbitrary Detention, the arrest was
legal in the beginning but became illegal because the arresting officer fails to deliver the person detained
or arrested to the proper judicial authorities within twelve (12) hours if arrested for light felonies, within
eighteen (18) hours if arrested for less grave felonies and within thirty-six (36) hours for grave felonies.
Arbitrary Detention however, this crime of Delay in the Delivery of Detained Persons does not apply if the
public officer is armed with a warrant of arrest, or any court order from courts of justice.
Unlawful Arrest- The penalty of arresto mayor and a fine not exceeding five hundred (P500.00) pesos
shall be imposed upon any person who, in any case other than those authorized by law, or without
reasonable ground therefore, shall arrest or detain another for the purpose of delivering him to the proper
authorities.
Forcible Abduction- If taking away, kidnapping or abduction of a woman against the latters will be
carried with lewd design, the crime is Forcible Abduction. If the victim is below twelve (12), it is still
Forcible Abduction even if it was her consent. The offended party is a woman, and taking away was
against her will and carried with lustful or lewd design. Absent the lewd design, the crime could be
Kidnapping and Serious Illegal Detention.
Rebellion or Insurrection- The crime of Rebellion or Insurrection is committed by rising publicly and
taking arms against the Government for the purpose of removing from the allegiance to said Government
or its laws, the territory of the Philippines or any part thereof, or any body of land, naval or other armed
forces, or of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives.
The crime of coup detat is a swift attack accompanied by violence, intimidation, threat, strategy
of stealth, directed against duly constituted authorities of the Republic of the Philippines, or any military
camp or installation, communications networks, public utilities or other facilities needed for the exercise
and continued possession of power, singly or simultaneously carried out anywhere in the Philippines by
any person or persons, belonging to the military or police or holding any public office or employment, with
or without civilian support or participation, for the purpose of seizing or diminishing state power.
Sedition- The crime of sedition is committed by persons who rise publicly and tumultuously in order to
attain by force, intimidation or by other means outside of legal methods, any of the following:
1. To prevent the promulgation or execution of any law or the holding of any law or the holding of
any popular election;

2. To prevent the National Government or any provincial or municipal government, or any public,
officer thereof from freely exercising its or his functions, or prevent the execution of any
administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public officer or employee;
4. To commit for any political or social end, any act of hate or revenge against private persons or
any social class; and
5. To despoil, for any political or social end, any person, municipality or province, or the National
Government, of all its property or any part thereof.
Direct Assaults- Any person or persons who, without a public uprising, shall employ force or intimidation
for the attainment of any of the purposes enumerated in defining crimes of rebellion and sedition, or shall
attack, employ force, or seriously, intimidate or resist any person in authority or any of his agents, while
engaged in the performance shall be guilty of Direct Assault.
Indirect Assaults- The penalty of prision correccional minimum and minimum periods and a fine not
exceeding five hundred (P500.00) pesos shall be imposed upon any person coming to the aid of the
authorities or their agents on occasion of Direct Assault.
Here, the crime of Direct Assault is being committed against a person in authority or his agent,
and somebody came to the aid of the latter, but he himself was attacked. In other words, for the crime of
Indirect Assault to exist, there must be a person in authority or an agent being a victim of Direct Assault,
and somebody came to his rescue, and the offender assaulted that somebody.
Libel- A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any
act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of a
natural or juridical person, or to blacken the memory of one who is dead.
Slander- Art.358 does not define the meaning of Slander. It means Oral Defamation. Where the
defamation is not committed by means of writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition or any similar means, it is Slander. Defamation
through television is Libel but those uttered in a gathering a microphone would be considered Slander.
The penalty for Grave Slander is arresto mayor maximum prision correccional minimum while for Simple
Slander, it is arresto menor or a fine not exceeding two hundred (P200.00) pesos. The punishment for
Libel is higher.
Slander by Deed- the penalty of arresto mayor maximum to prision correccional minimum or a fine from
two hundred (P200.00) to one thousand (P1,000) pesos shall be imposed upon any person who shall
perform any act which shall cast dishonor, discredit of contempt upon another person. If said act is not of
a serious nature, the penalty is arresto menor or a fine not exceeding two hundred (P200.00) pesos.
Trespass to Dwelling- a crime against security under Article 280. This crime is committed by a private
person who shall enter the dwelling of another against the latters will. If the offense is committed by
means of violence or intimidation, the penalty is higher and the crime is classified as Qualified Trespass to
Dwelling and not merely Simple Trespass to Dwelling. If committed by a public officer the crime could be
Violation of Domicile or Grave Coercion.
Grave Threats- also a crime against security. Under Article 282 of the Revised Penal Code, any person
who shall threaten another with the infliction upon the person, honor, or property of the latter or of his
family of any wrong amounting to a crime.
Grave Coercion also a crime against security. Article 286 provides: The penalty of arresto mayor and
a fine not exceeding five hundred (P500.00) shall be imposed upon any person who, without authority of
law, shall, be means of violence, prevent another from doing something not prohibited by law, or compel
to him to do something against his will, whether it be right or wrong.
If the coercion be committed for the purpose of compelling another to perform any religious act or
to prevent him so doing, the penalty next higher in degree shall be imposed. Under Republic Act. No.
7890, the mode of committing this crime is not limited to violence. Thus, if the act was perpetrated by
means of threats or intimidation, Grave Coercion is committed.

A search warrant is an order in writing issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court.
An application for search warrant shall be filed with the following:
(a) Any court within whose territorial jurisdiction a crime was committed.
(b) For compelling reasons stated in the application, any court within the judicial region where the
crime was committed if the place of the commission of the crime is known, or any court within
the judicial region where the warrant shall be enforced.
A search warrant shall not issue except upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witness he may produce, and particularly describing the place to be searched and
the things to be seized which may be anywhere in the Philippines.
The judge must, before issuing the warrant, personally examine in the form of searching
questions and answers, in writing and under oath, the complainant and the witnesses he may produce on
facts personally known to them and attach to the record their sworn statements, together with the
affidavits submitted.
The requisites for a valid search warrant are: (1) It must be issued upon probable cause; (2) Such
probable cause must be determined by issuing judge personally; (3) The issuing judge must have
personally examined, in the form of searching questions and answer, the applicant and his and taken
down their written depositions; (4) The search warrant must particularly describe or identify the property to
be seized as the circumstances will ordinarily allow; (5) It must particularly describe the place to be
searched; (6) It shall issue for only one specific offense; and (7) It must not have been issued more than
10 days prior to the search made pursuant thereto.
Probable cause is defined as such facts and circumstances which could lead reasonably discreet
and prudent man to believe that an offense has been committed and that the objects sought in connection
with the offense are in the place sought.
A person lawfully arrested may be searched for dangerous weapons or anything which may have
been used or constitute proof in the commission of an offense without a search warrant.
A search may validly be conducted without a search warrant (1) with the consent of the person
searched; and (2) when the search is incidental to lawful arrest.
The instances when a search may be validly conducted without a search warrant are as follows:
(1) When the owner of the premises waives his right against such incursion; (2) When the search is
incidental to a lawful arrest; (3) When it is made on vessels and aircraft, such as for violation of custom
laws; (4) When it is made on automobiles or motor vehicles generally for the purpose of preventing
violations of smuggling or immigration laws; (5) When it involves prohibited articles in plain view; or (6) In
case of inspection of buildings and other premises for the enforcement of fire, sanitary, and building
regulations.
In order for a warrantless seizure of evidence in plain view to be valid, the following requisites
must concur: (1) a prior valid intrusion based on the valid warrantless arrest in which the police are legally
present in the pursuit of their official duties; (2) the evidence was inadvertently discovered by the police
who had the right to be where they were; (3) the evidence must be immediately apparent; and (4) the
plain view justified mere seizure of evidence without further search.
A Terry search is a stop-and-search without a warrant. It is justified when conducted by police
officers on the bases of prior confidential information which were reasonably corroborated by other
attendant matters.
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
Proof is the effect or result of evidence; it is the perfection of evidence, whereas evidence is the
medium of proof; it is the means by which proof is established. Proof is the end result, whereas evidence
is the means to the end.

Factum probandum is the proposition sought to be established, whereas factum probans is

material by which the proposition is established.
Cumulative evidence is evidence of the same kind and to the same facts, while corroborative
evidence is additional evidence of a different character to the same point.
Evidence is admissible when it is relevant to the issue and is not excluded by the law or these
rules.
Relevant evidence is evidence having any value in reason as tending to prove any matter
provable in an action. Thus, evidence is relevant if it tends to shed light to the facts or circumstances in
issue.
Objects as evidence are those addressed to the senses of the court. When an object is relevant
to the fact in issue, it may be exhibited to, examined or viewed by the court.
Documents as 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.
When the subject of inquiry is the contents of a document, no evidence shall be admissible other
than the original document itself, except in the following cases:
(a) When the original has been lost or destroyed, or cannot be produced in court, without bad
faith on the part of the offeror;
(b) When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice;
(c) When the original consists of numerous consists of numerous accounts or other documents
which cannot be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a public
office.
The Best Evidence Rule, applied to documentary evidence cannot be inceptively introduced as
the original writing itself must be produced in court, except in the four instances mentioned in Sec. 3 of
Rule 130 of the Rules of Court.
Parol evidence is 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.
The parol evidence rule presupposes that the original document is available in court, while the
best evidence rule contemplates the situation wherein the original writing is not available and/or there is a
dispute as to whether and writing is the original.
During their marriage, neither the husband nor the wife may testify for or against the other without
the consent of the affected spouse, except in a civil case for a crime committed by one against the other,
or in a criminal case for a crime committed by one against the other or the latters direct descendants or
ascendants.
The following persons cannot testify as to matters learned in confidence in the following cases:
(a) The husband or the wife, during or after the marriage, cannot be examined without the
consent of the other as to any communication received in confidence by one from the other during the
marriage except in a civil case by one against the other, or in a criminal case for a crime committed by
one against the other or the latter's direct descendants or ascendants;
(b) An attorney cannot, without the consent of his client, be examined as to any communication
made by the client to him, or his advice given thereon in the course of, or with a view to, professional
employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of
the client and his employer, concerning any fact the knowledge of which has been acquired in such
capacity;
(c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without
the consent of the patient, be examined as to any advice or treatment given by him or any information
which he may have acquired in attending such patient in a professional capacity, which information was
necessary to enable him to act in capacity, and which would blacken the reputation of the patient;

(d) A minister or priest cannot, without the consent of the person making the confession, be
examined as to any confession made to or any advice given by him in his professional character in the
course of discipline enjoined by the church to which the minister or priest belongs;
(e) A public officer cannot be examined during his term of office or afterwards, as to
communications made to him in official confidence, when the court finds that the public interest would
suffer by the disclosure.
Marital disqualification may be invoked only if one of the spouses is a party to the action, while
marital privilege can be claimed whether or not the spouse is a party to the action.
Marital disqualification constitutes a total prohibition against any testimony for or against the
spouse of the witness, while marital privilege applies only to confidential communications between the
spouses.
Marital disqualification ceases upon the termination of the marriage, whereas marital privilege
continues even after the marriage is terminated.
An admission is 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.
An admission is a statement of fact which does not involve an acknowledgement of guilt or
liability as in the case of a confession.
The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except
as otherwise provided under the Rules.
The exceptions to the rule of res inter alios acta alteri noncore non debet are those instances
where the third person is partner, agent, joint, owner, join debtor, or has a join interest with the party, or is
a co-conspirator, or a privy of the party.
A confession is a categorical acknowledgment of guilt made by an accused in a criminal case,
without any exculpatory statement or explanation. Thus, if the accused admits having committed the act
in question but alleges a justification therefor, the same is merely an admission.
A witness can testify only to those facts which he knows of his personal knowledge; that is, which
are derived from his own perception, except as otherwise provided in these rules.
Any evidence, whether oral or documentary, is hearsay if its probative value is not based on
personal knowledge of the witness but on the knowledge of some other person not on the witness stand.
Hearsay evidence is excluded because the party against whom it is presents is deprived of his
right and opportunity to cross-examine the person to whom the statements or writings are attributed.
Consequently, if a party does not object to the hearsay evidence, the same is admissible, as a party can
waive his right to cross examine; otherwise, said statements.
The exceptions to the hearsay evidence rule are; (1) Dying declaration (Sec.37, Rule 130); (2)
Declaration against interest (Sec.38, Rule 130); (3) Act or declaration about pedigree (Sec.39, Rule 130);
(4) Family reputation or tradition regarding pedigree (Sec.40, Rule 130); (5) Common reputation (Sec.41,
Rule 130); (6) Part of res gestae (Sec.42, Rule 130); (7) Entries in the course of businesses (Sec. 43,
Rule 130); (8) Entries in official record (Sec.44, Rule 130); (9) Commercial lists and the like (Sec.45, Rule
130); (10) Learned treatises (Sec.46, Rule 130); (11) Testimony or deposition at a former proceeding
(Sec.47, Rule 130)
A dying declaration, also known as an ante mortem statement or a statement in articulo mortis, is
admissible under the following circumstances: (1) That death is imminent and the declarant is conscious
of that fact; (2) That the declaration refers to the cause and surrounding circumstances of such death; (3)
That the declaration relates to facts which the victim is competent to testify; (4) That the declaration is
offered in a case wherein the declarants death is the subject of the inquiry; (5) That the declaration is
complete in itself; and (6) That the declarant thereafter dies.

Statements made by a person while a starting occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res
gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.
Requisites of res gestae are (1) the principal act, the res gestae, is a startling occurrence; (2) the
statements were made before the declarant had time to contrive or devise; and (3) the statements must
concern the occurrence in question and its immediately attending circumstances.
The opinion of a witness for which proper basis is given may be received in evidence regarding:
(a) The identity of a person about whom he has adequate knowledge;
(b) A handwriting with which he has sufficient familiarity; and
(c) The mental sanity of a person with whom he is sufficiently acquainted.
Expert evidence is admissible only if (1) the matter to be testified to is one that requires expertise,
and (2) the witness has been qualified as an expert to elicit his opinion. Courts, however, are not
necessarily bound by the experts findings.
Burden of proof is the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law.
In civil cases, the burden proof is on the party who would be defeated if no evidence where given
on either side; in criminal cases, the burden of proof is generally on the plaintiff, with respect to his
complaint; on the defendant, with respect to his counterclaim; and on the cross-claimant, with respect to
his cross-claim.
A witness must answer questions, although his answer may tend to establish a claim against him.
However, it is the right of a witness:
(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;
(4) Not to give an answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law; or
(5) Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at
issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact
of his previous final conviction for an offense.
Before any private document offered as authentic is received in evidence, its due execution and
authenticity must be proved either:
(a)
By anyone who saw the document executed or written; or
(b)
By evidence of the genuineness of the signature or handwriting of the maker.
Any other private document need only be identified as that which it is claimed to be.
Where a private document is more than thirty years old, is produced from the custody in which it
would naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion,
no other evidence of its authenticity need be given.
If documents or things offered in evidence are excluded by the court, the offeror may have the
same attached to or made part of the record. If the evidence excluded is oral, the offeror may state for the
record the name and other personal circumstances of the witness and the substance of the proposed
testimony.
By preponderance of evidence is meant simply evidence which is of greater weight, or more
convincing, than that which is offered in opposition thereto.
When the scale stands upon an equipoise and there is nothing in the evidence which shall incline
it to one side or the other, the court will find for the defendant. Under said principle, the plaintiff must rely
on the strength of his evidence and not on the weakness of defendants claim. Even if the evidence of the

plaintiff may be stronger than that of the defendant, there is no preponderance of evidence on his side if
such evidence is insufficient in itself to establish his cause of action.
Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of
error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces
conviction in an unprejudiced mind.
NOTE: In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond
reasonable doubt.
Reasonable doubt is not a mere guess that the appellant may or may not be guilty, it is such a
doubt that a reasonable man may entertain after a fair review and consideration of the evidence.
An extrajudicial confession made by an accused, shall not be sufficient ground for conviction,
unless corroborated by evidence of corpus delicti.
Corpus delicti literally means the body or substance of the crime, but, applied to a particular
offense, it means the actual commission by someone of the particular crime charged.
Circumstantial evidence is defined as that which indirectly proves a fact in issue.
Circumstantial evidence is sufficient for conviction if:
(a)
There is more than one circumstance;
(b)
The facts from which the inferences are derived are proven; and
(c)
The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.
Substantial evidence is such relevant evidence which a reasonable mind might accept as
adequate to support a conclusion.