When original document in Custody or Control of Adverse Party

Requisite for Admissibility of Secondary Evidence:

1 There must be PROOF that the original document exists,
2 The adverse party must have been given REASONABLE NOTICE to produce the original, and
3 The adverse party FAILS to produce the document

When the Original Document is a Public Record

1 Legal Effect:
A certified copy is admissible to prove the contents of the document.
2 Requisites for Admissibility of Certified Copy:
1 The original is either:
1 in the custody of a public officer, or
2 recorded in a public office.
2 The certified copy is issued by the public officer in custody thereof.

Outline of the Parol Evidence Rule

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Requisites for the Parties to Modify, Explain or ADD to the

Terms of the Agreement through Parol Evidence:
1 The party must prove that any of the above exceptions exists; and
2 The party must raise the issue in his pleading.
Qualifications of Witnesses
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Summary
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1 MARITAL DISQUALIFICATION Rule [Sec. 22]

2 SURVIVOR's DISQUALIFICATION Rule or
DEAD MAN'S Statue [Sec. 23]
3 MARITAL COMMUNICATION Rule [Sec. 24 (a)]
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Total or Absolute Disqualifications
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Marital Disqualification Rule

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 right to invoke the dead man's statue. [Santos v. Santos]

Distinctions

Marital Disqualification Rule Sec. 22 Marital Communication Rule Sec. 24

Requires that one of the spouses be a party to a
case
Applies to any fact
Claimable only during the marriage
1 Does not require that one of the spouses be a
party to a case
2 Refers only to confidential communications
during the marriage
3 Claimable during or after the marriage has been
dissolved

Attorney-Client Privilege

First Part As to: Second Part

An attorney Who is not Allowed An attorney’s secretary, stenographer
to Testify: or clerk
His client Whose consent is The client and his employer [the
required to testify: attorney]
As to any: What matters As to any fact, the knowledge of which
1 Communication made by the cannot be testified has been acquired by him in his
client to the attorney, or on: capacity as secretary, stenographer or
2 Advice given by the attorney to clerk
the client,
In the course of, or with the view to,
professional employment
Yes, by failure to object to the Whether or not this Yes, by failure to object to the
testimony privilege may be testimony
waived:

Physician-Patient Privilege: Requisites for Privilege to Apply

1 The privilege is claimed in a civil case;

The person against whom the privilege is claimed is one duly authorized to practice medicine, surgery or
2 obstetrics;
3 Such person acquired the information while he was attending to the patient in his professional capacity;
4 The information was necessary to enable him to act in that capacity; and
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Priest-Penitent Privilege

1 Who cannot testify:

Any PRIEST or MINISTER
2 He cannot be examined WITHOUT the CONSENT of the person making the confession as to any:
1 Confession made to him, or
2 Advice given by him
In his professional character in the course of the discipline enjoined by the church to which the
minister or priest belongs.
3 Waiver:
This privilege CANNOT be waived

Privilege of State Secrets

1 Who cannot testify:

Any PUBLIC OFFICER
2 When he cannot testify:
During his term of office or afterwards
3 He cannot be examined:
1 As to communications made to him in OFFICIAL CONFIDENCE,
2 When the court finds that the PUNBLIC INTEREST would suffer by the disclosure.
4 Waiver:
5 Requisites for the rule to apply:
1 There must by CONFIDENTIAL, OFFICIAL communication,
2 The communication must have bee MADE by a PUBLIC OFFICER, and,
3 The disclosure of the communication would AFFECT PUBLIC INTEREST.

Parental and Filial Privilege

1 General Rule – No person may be COMPELLED to testify against his:

1 Parents or other direct ascendants,
2 Children or other direct descendants
2 Exception
If the person himself volunteers to testify, he is not prohibited from doing so
3 2 Kinds of Privilege under Sec. 25:
1 PARENTAL privilege – the witness cannot be compelled to testify against his child or other direct
 descendant
2 FILIAL privilege – the witness cannot be compelled to testify against his parent or other direct
ascendant

Definition of Admission

1 An ACT, DECLARATION or OMISSION OF A PARTY,

2 As to a RELEVANT FACT, and
3 Which may be given in evidence AGAINST him

1 Civil Cases – An offer of compromise:

1 is NOT an admission of any liability; and
2 is NOT admissible in evidence against the offeror.
2 Criminal Cases:
1 General Rule – An offer of compromise made by the accused MAY be RECEIVED in evidence as an
IMPLIED ADMISSION of his guilt.
2 Exceptions – When an offer of compromise is NOT an implied admission of guilt:
1 In quasi-offenses (negligence) where there is no criminal intent [such as reckless
imprudence];
2 In criminal cases allowed by law to be compromised such as:
1 National Internal Revenue Code [Sec. 7(c)] – The Commissioner or Internal Revenue has
the power to compromise minor criminal violation as may be determined by the Secretary
of Finance.
2 Local Government Code [Sec. 408] – Allowed in minor offenses whose penalties do not
exceed one year.
3 Revised Penal Code [Art. 266-C or the Anti Rape Law of 1997] – In cases of marital rape,
where subsequent forgiveness by the wife extinguishes the criminal action or penalty.

Other Rules on Admissibility

Offer or Plea Admissibility

1 Plea of guilty but later withdrawn by the
accused:
2 Offer by the accused to plead guilty to a lesser
offense but unaccepted by prosecution:
3 Offer to pay or payment of medical, hospital or
other expenses occasioned by injury:
Not admissible in evidence against the accused
who made the plea
Not admissible in evidence against the accused
who made the offer
Not admissible in evidence as proof of civil or
criminal liability for the injury

Sec. 27-31- Res Inter Alios Acta Rule (Res Inter Alios Acta Nocere Non Debet)

1 General Rule – The act, declaration or omission [MADE OUT OF COURT] of a party as to a relevant
fact:
1 May be given in evidence against him [Sec. 27], BUT
2 It may NOT be given in evidence against another person [Sec. 28].
2 Exceptions – The act or omission of one party [MADE OUT OF COURT] may be used as evidence
 against another, when it is an admission made by a/n:
1 PARTNER [Sec. 29]
2 AGENT [Sec. 29]
3 JOINT OWNER [Sec. 29]
4 JOINT DEBTOR [Sec. 29]
5 A person JOINTLY INTERESTED with the party [Sec. 29]
6 CONSPIRATOR [Sec. 30]
7 PRIVY or Successor-in-Interest [Sec. 31]

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Requisites:

1 For an Admission by a Partner to Bind his Co-partners:

1 The EXISTENCE of the partnership must be proven by INDEPENDENT evidence other than such
act or declaration [such as the Articles of Partnership];
2 The statement refers to a matter within the SCOPE of the partner’s authority; and
3 The admission is made DURING the existence of the partnership.
2 For an Admission by an Agents to Bind his Principal:
1 The EXISTENCE of the agency must be proven by INDEPENDENT evidence other than such act or
declaration [such as SPA];
2 The statement refers to a matter within the SCOPE of his authority as an agent; and
3 The admission is made DURING the existence of the agency.

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Requisites for an Admission by a Conspirator to Bind his Co-conspirators

1 The conspiracy is shown by evidence other than such act or declaration; (independent evidence)
2 That the statement, act or declaration relates to the purpose or object of the conspiracy;
3 The statement, act or declaration must be made during the existence of the conspiracy NOT before
or after.

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Admission by Privies; Elements:

1 One [successor-in-interest] derives titles to property from another [predecessor-in-interest] through

any legal means of transfer;
2 A statement, act or declaration is made by the predecessor-in-interest:
1 in relation to the property, and
2 while holding the title thereof;
3 Said statement, act or declaration is evidence against his successor-in-interest.
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Admission by Silence [Adoptive Omission]; Elements

1 An act or declaration made in the presence and within the hearing distance of a party;
2 It is made in the presence and within hearing distance of a party;
3 The act or declaration is such as naturally to call for action or comment from said party, if not
true;
4 Said party does or says nothing even though proper and possible for him to do so;
5 The act or declaration may be given in evidence against said party.