III. PROOF AND QUANTUM OF PROOF
The official acts of the legislature, executive and
A. When is proof necessary?
As a rule, a party must Prove His Own Allegation. Allegations in pleadings
do not prove themselves. No party wins by having the most allegations, or
that the allegation of causes of actions or defenses are crafted in the strongest
and most persuasive language.
All allegations remain but as allegations or propositions. Hence every party
to a case, who desires that a favorable judgment be rendered in his favor,
must present evidence to support his claim, cause of action or defense be it
in the form of object evidence, documents, or testimonies of witnesses.
Proof not necessary if there are:
A.1. Matters of Judicial notice
1. What is judicial notice?
It refers to the act of the court in taking cognizance of matters
as true or as existing without need of the introduction of
evidence, or the authority of the court to accept certain matters
as facts even if no evidence of their existence has been
presented.
2. When is judicial notice mandatory?
I. As to Foreign States: their existence and territorial extent;
forms of government (monarchial, presidential,
parliamentary, royalty), symbols of nationality (flag,
national costume, anthem).
II. The Law of Nations: the body of principles, usages,
customs and unwritten precepts observed by, and which
governs, the relations between and among states.
III. The Admiralty and Maritime Jurisdiction of the World
and their Seals
IV. The Philippine as a state
a. Its constitution and political history: the political set
up of the government
b.
judicial departments
V. The Laws of Nature
VI. Measures of Time: into seconds, minutes, days, weeks
months and years
VII. Geographical Division of the World such as the number
and location of the continents, and the major oceans, the
division into hemispheres; longitudes and latitudes
3. When is judicial notice discretionary?
It is when the law authorizes a court to take judicial notice of
certain matters in its discretion. The matters fall into three
groups:
a. Those which are of public knowledge b.
b. Those which are capable of unquestionable
demonstration and
c. Matters ought to be known to judges because of their
judicial functions.
4. What are the rules anent judicial notice of court proceedings
and judgments?
In adjudicating a case on trial, generally, courts are not
authorized to take judicial notice of the contents of the records
of other cases, even when such cases have been tried or are
pending in the same court, and notwithstanding that both cases
may have been tried or are actually pending before the same
judge. This rule though admits of exceptions:
a. As a matter of convenience to all the parties, a court
may properly treat all or any part of the original record
of a case filed in its archives as read into the record of
a case pending before it, when, with the knowledge of,
and absent an objection from, the adverse party,
reference is made to it for that purpose, by name and
number or in some other manner by which it is
sufficiently designated;
 b. or when the original record of the former case or any
part of it, is actually withdrawn from the archives at
the court's direction, at the request or with the consent
of the parties, and admitted as a part of the record of
the case then pending.
c. Courts must also take judicial notice of the records of
another case or cases, where sufficient basis exists in
the records of the case before it, warranting the
dismissal of the latter case.
5. May municipal ordinances be taken judicial notice of?
Courts of the state take judicial notice of public laws of the
state. Ordinances when legally enacted operate throughout the
limits of the city in like manner as public laws operate within
the state limits. The city or municipal courts bear the same
relation to ordinances of the city as the state courts do to the
public laws of the state. Hence, on principle, the municipal
courts may for like reason take judicial notice of all city
ordinances of a general nature, or those having a general
obligatory force throughout the city.
6. May judicial notice be taken of a foreign judgment?
No. Judgments obtained abroad may be recognized and
enforced in the Philippines. It is required, however, that an
action be instituted here specifically for such purpose.
The Philippine Supreme Court has ruled that ‘recognition and
enforcement of a foreign judgment or final order requires only
proof of fact of the said judgment or final order’ and that once
proven, the said foreign judgment enjoys a disputable
presumption of validity
(BPI Securities Corporation v Guevara, 752 SCRA at 371
(2015)).
A.2. Presumptions juris et de jure
1. What is a presumption?
A presumption is a rule of law, statutory or judicial, by
which finding of a basic fact gives rise to existence of
presumed fact, until presumption is rebutted.
A legal device which operates in the absence of other proof
to require that certain inferences be drawn from the available
evidence.
2. What are the kinds of presumptions?
Praesumption Legis: these are presumptions which the law
directs to be made by the court
a. Juris tantum- or prima facie, rebuttable or disputable
presumption or those which may be overcome or
disproved
b. Juris et de Jure: conclusive or those which the law
does not allow to be contradicted
c. Statutory and Constitutional
Praesumption Hominis (Fact) these are presumptions which
may be made as a result of the mental processes of inductive
or deductive reasoning from a fact
3. What is the effect of a presumption?
A presumption has the effect of shifting the burden of proof to
the party who would be disadvantaged by a finding of the
presumed fact. The presumption controls decision on the
presumed fact unless there is counterproof that the presumed
fact is not so.
In criminal cases, however, presumptions should be taken
with caution especially in light of serious concerns that they
might water down the requirement of proof beyond reasonable
doubt. As special considerations must be given to the right of
the accused to be presumed innocent, there should be limits on
the use of presumptions against an accused.
Reference: Modesto Mabunga vs. People of the Phils
P a g e 2 | 47
 G.R. No. 142039 May 27, 2004
4. What is the difference between a presumption and a
conclusion?
Presumption is a rule of law which creates conclusions.
Conclusions are the result of presumptions.
5. What is the difference between a presumption and an
inference?
A presumption differs from an inference, which is a
conclusion that a judge or jury may draw from the proof of
certain facts if such facts would lead a reasonable person of
average intelligence to reach the same conclusion.
6. What are presumptions juris et de jure?
a. Estoppel in Pais: whenever a party has, by his own
declaration, act or omission, intentionally and
deliberately led another to believe a particular thing to
be true, and to act upon such belief, he cannot in any
litigation arising out of such declaration, act or
omission, be permitted to falsify it.
b. Estoppel Against a Tenant: the tenant is not permitted
to deny title of his landlord at the time of the
commencement of the relation of landlord and tenant
between them.
c. Allowance of probate of a will is a conclusive
presumption of its due execution.
d. DNA results that exclude the putative parent from
paternity shall be conclusive presumption of non-
paternity.
e. Sec. 48. Rule 39. Effect of foreign judgments or final
orders. - In case of a judgment or final order upon a
specific thing, the judgment or final order is
conclusive upon the title of the thing.
f. A child below the age of criminal responsibility cannot
be held legally responsible for his or her actions, and
so cannot be convicted of committing a criminal
offence.
g. All information given by the taxpayer for amnesty
shall be conclusively presumed as true, correct and
final, and the tax amnesty application shall be deemed
complete upon payment of the tax amnesty.
h. A child born within one hundred eighty days following
the celebration of the marriage is conclusively
presumed to be legitimate in any of these cases: (1) If
the husband, before the marriage, knew of the
pregnancy of the wife; (2) If he consented, being
present, to the putting of his surname on the record of
birth of the child; (3) If he expressly or tacitly
recognized the child as his own.
i. Article 1431 of the Civil Code. Through estoppel an
admission or representation is rendered conclusive
upon the person making it, and cannot be denied or
disproved as against the person relying thereon.
j. Where the instrument is in the hands of a holder in due
course, a valid delivery thereof by all parties prior to
him so as to make them liable to him is conclusively
presumed. (Section 16, NIL)
7. What is the quantum of proof required to rebut a presumption?
When there is a presumption of law, the onus probandi
(burden of proof) generally imposed upon the State, is now
shifted to the party against whom the inference is made to
adduce satisfactory evidence to rebut the presumption and
hence, to demolish the prima facie case.
A.3. Admissions
1. What is an admission?
Admission is a voluntary acknowledgement made expressly or
impliedly by a party to a case or by another by whose
statement the party is bound, against his interest, of the
existence or truth of such fact in dispute, material to the issue.
P a g e 3 | 47

2. How may an admission be made?
(i) Express or (ii) Implied
3. Is an implied admission admissible in evidence?
Yes, implied admissions may be admissible in evidence. For
example, an Offer maybe received in evidence as an implied
admission of guilt. Another, the failure to resist, rebut, deny or
object to untrue statements about one’s life, family, rights,
property or interests is an implied admission of the truth of the
statement.
4. What is a judicial admission?
A judicial admission is a formal statement made either by a
party or his or her attorney, in the course of judicial
proceeding which removes an admitted fact from the field of
controversy. It is a voluntary concession of fact by a party or
a party’s attorney during such judicial proceedings including
admissions in pleadings made by a party. It may occur at any
point during the litigation process. An admission in open
court is a judicial admission. A judicial admission binds the
client even if made by his counsel.
5. Give 5 examples of judicial admissions?
a. Verbal or written admissions made by a party in the
course of the proceedings
b. An admission in open court is a judicial admission.
c. An admission in open court made by his counsel.
d. Judicial Admissions made during pre-trial
e. Admissions in the pleadings
6. What is the rule for the admissibility of an admission made
during the pre-trial?
All agreements or admissions made or entered during the pre-
trial conference shall be reduced in writing and signed by the
accused and counsel, otherwise, they cannot be used against
the accused.
7. May an admission made by counsel in open court be taken
against his client?
A judicial admission binds the client even if made by his
counsel.
8. What is the effect of an admission made by a party in:
a. His judicial affidavit which is already part of the
record of the case if he did not testify?
It may be used against him since judicial affidavit is
considered his direct testimony. It shall be conclusive
against him unless the court allows the pleader to
withdraw, explain or modify if it appears to have been
made with palpable mistake or that no admission was
made.
b. His pleading if the same was thereafter amended?
Such admission did not cease to be a judicial
admission simply because respondents subsequently
deleted the same in their amended complaint. The
original complaint, although replaced by an amended
complaint, does not cease to be a part of the judicial
record, not having been expunged therefrom.
c. His pleading which he later withdrew?
Admissions in a pleading which had been withdrawn
or suspended by an amended pleading are considered
as extrajudicial admissions.
d. His sworn statement after a motion to discharge him as
a state witness is denied?
His sworn statement and other testimony given in his
application shall not be treated as admission against
him except for impeachment purposes
P a g e 4 | 47

e. His sworn statement as a state witness after he refused
to testify?
His sworn statement and other testimony given in his
application shall not be treated as admission against
him, the court may however compel to testify or he
may be cited for contempt
9. When may an offer of compromise be considered an
admission?
An offer of compromise by the accused in criminal cases may
be received in evidence as an implied admission of guilt.
An offer of compromise in Estafa under paragraph 2 may be
considered as an admission of guilt as it cannot be
compromised.
10. When may an offer of compromise be considered an
admission?
Admission by silence is an admission characterized when a
party does or says nothing when he hears or observes an act or
declaration made in his presence when such act or declaration
is such as naturally to call for action or comment if not true,
and when proper and possible for him to do so. Such may be
given in evidence against him. (Sec. 32, Rule 130)
11. What is an adoptive admission?
It is a party’s reaction to a statement or action by another
person when it is reasonable to treat the party’s reaction as an
admission of something stated or implied by the other person.
12. How is an adoptive admission made?
Adoptive admission is made when a third person’s statement
becomes the admission of the party embracing or espousing it.
Adoptive admission may occur when a party:
a. Expressly agrees to or concurs in an oral statement
made by another;
b. Hears a statement and later on essentially repeats it;
c. Utters an acceptance or builds upon the assertion of
another;
d. Replies by way of rebuttal to some specific points
raised by another but ignores further points which he
or she has heard the other make; or
e. Reads and signs a written statement made by another.
(Republic v. Kendrick Development Corp., G.R. No.
149576, Aug. 8, 2006)
13. How is an adoptive admission different from an admission by
silence?
In adoptive admission a positive act is done, while in
admission by silence, you do nothing at all.
14. When may person be prejudiced by the admission of another?
When it is an exception to the first branch of res inter alios
acta rule.
VICARIOUS ADMISSIONS
CONCEPT: These are admissions by one who, by virtue of a
legal relationship with another, maybe considered as acting
for and in behalf of the latter. These are acts, omissions or
declarations by a person who is not a party to a pending case,
but are however admissible as evidence against one of the
parties. Their admissibility as evidence is based on the
identity of interest between the stranger and the party
concerned.
a. Admission by a co-partner, an agent, joint owner, joint
debtor or one jointly interested. (Rule 29)
b. Admission by a Co-conspirator. “ The act or
declaration of a conspirator relating to the conspiracy,
and during its existence, maybe given in evidence
against the conspirators after the conspiracy is shown
P a g e 5 | 47
 by evidence other than such act or declaration” a. It must be made out of court or in a judicial
(Section 30). proceeding other than the one in consideration.
c. Admission by Privies “ When one derives property b. They must be formal offer as such to be
from another, the act declaration, or omission of the considered by the court
latter, while holding title, in relation to the property is c. It must not be self serving
evidence against the former” ( Section 31).
20. May an admission in a counter-affidavit submitted during a
15. How may a judicial admission be contradicted? preliminary investigation be admitted in evidence?
Admission made by the parties in the pleadings, or in the An admission made in a counter-affidavit submitted during
course of the trial or other proceedings do not require proof preliminary investigation may be admitted in evidence.
and cannot be contradicted unless previously shown to have
been made through palpable mistake (Yu v. Magpayo, 44 21. Give the differences between an admission and a confession.
SCRA 163).
a. Thus an admission may be contradicted by showing Admission Confession
that it was made through palpable mistake or that no A statement of fact whichA statement of fact which
such admission was made. does not involve an involves an
b. That no such admission was made (Sec. 4); or acknowledgment of guilt acknowledgment of guilt
c. To prevent manifest injustice (e.g. pre-trial in civil or liability or liability
cases, Sec. 7, Rule 18). May be made by third Can be made only by the
persons and in certain party himself and, in
16. Who may contradict a judicial admission? cases, are admissible some instances, are
Judicial admissions may be controverted by the party making against a party admissible against his co-
such admission and are conclusive as to him. accused
Applies to both criminal Applies only to criminal
17. May the admission of one accused on the witness stand be and civil cases cases
taken against his co-accused? May be express or tacit Must be express
Yes, when it validly falls under the exceptions of res inter
alios acta rule. A.4. Confessions
1. What is a confession?
18. What is an extrajudicial admission? A confession is the revelation of acts or omissions considered
Extrajudicial admissions are statements made, adopted or as sins or violations of religious laws/ belief or teachings, and
authorized by a party-opponent beyond the parameters of which may at the same time be considered as violation of laws
formal legal proceedings. of the state, which may subject the confessant to criminal or
civil liability or both.
19. What are the requisites for the admission of an extrajudicial
admission?

P a g e 6 | 47
 2. What are the requisites for the admission of an extrajudicial
confession?
For an extrajudicial confession to be valid the following
requisites must concur:
a. It shall be in writing and signed by the person arrested,
detained or under custodial investigation;
b. It must be signed in the presence of his counsel or in
the latter’s absence, upon a valid waiver and;
c. In the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the
municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him (Sec. 2(d), RA
7438).
A.5. Unrebutted presumptions juris tantum
1. What are presumptions juris tantum?
Disputable presumptions are those which are satisfactory if
uncontradicted, but may be contradicted and overcome by
other evidence (Sec. 3, Rule 131).
a. That a person is innocent of crime or wrong;
b. That an unlawful act was done with an unlawful intent;
c. That a person intends the ordinary consequences of his
voluntary act;
d. That a person takes ordinary care of his concerns;
e. That evidence willfully suppressed would be adverse if
produced;
f. That money paid by one to another was due to the
latter;
g. That a thing delivered by one to another belonged to
the latter;
h. That an obligation delivered up to the debtor has been
paid;
i. That prior rents or installments had been paid when a
receipt for the later ones is produced;
j. That a person found in possession of a thing taken in
the doing of a recent wrongful act is the taker and the
doer of the whole act; otherwise, that things which a
person possesses, or exercises acts of ownership over,
are owned by him;
k. That a 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. That a person acting in a public office was regularly
appointed or elected to it;
m. That official duty has been regularly performed;
n. That a court, or judge acting as such, whether in the
Philippines or elsewhere, was acting in the lawful
exercise of jurisdiction;
o. That all the matters within an issue raised in a case
were laid before the court and passed upon by it; and
in like manner that all matters within an issue raised in
a dispute submitted for arbitration were laid before the
arbitrators and passed upon by them;
p. That private transactions have been fair and regular;
q. That the ordinary course of business has been
followed;
r. That there was a sufficient consideration for a contract;
s. That a negotiable instrument was given or indorsed for
a sufficient consideration;
t. That an indorsement of a negotiable instrument was
made before the instrument was overdue and at the
place where the instrument is dated;
2. What is “burden of proof”? Is it the same as “burden of
evidence”?
It is the duty of a party to present evidence to establish his
claim or defense by the amount of evidence required by law
(Sec. 1, Rule 131). It is also called onus probandi. It is not the
same as burden of evidence. Burden of evidence means the
necessity of going forward with the evidence to meet the
prima facie case created against him.
3. Who has the “burden of proof” in a case?
P a g e 7 | 47
 He who alleges the affirmative of the issue has the burden of
proof, and the same never parts.
4. What is “quantum of proof”?
A. Define:
a. Proof beyond reasonable doubt
Proof which is required for conviction of an
accused in criminal case, means that which is
the logical and inevitable result of the evidence
on record, exclusive of any other consideration,
of the moral certainty of the guilt of the
accused or that degree of proof which produces
conviction in an unprejudiced mind. Proof
beyond reasonable doubt does not mean such
degree of proof as, excluding possibility of
error, produces absolute certainty. Moral
certainty only is required.
b. Preponderance of evidence
Is the degree of evidence required in civil
cases, means that which is of greater weight or
more convincing than that which is offered in
opposition to it. It is considered as synonymous
with the terms ―greater weight of evidence‖ or
―greater weight of credible evidence.‖ It
means probably the truth. It is evidence which
is more convincing to the court as worthy of
belief than that which is offered in opposition
thereto (Republic vs. CA, 204 SCRA 160
[1991]).
c. Substantial evidence
Substantial evidence is that which is required
to reach a conclusion in administrative
proceedings or to establish a fact before
administrative e and quasi-judicial bodies.
Substantial evidence means such relevant
evidence as a reasonable mind might accept as
adequate to support a conclusion, and its
absence is not shown by stressing that there is
contrary evidence on record, direct or
circumstantial (Velasquez vs. Nery, 211 SCRA
28 [1992]). It means more than a scintilla but
may be somewhat less than preponderance,
even if other reasonable minds might
conceivably opine otherwise (Manalo vs.
Roldan-Confessor, supra).
d. Clear and convincing evidence
Clear and convincing evidence refers to that
measure or degree of proof which will produce
in the mind of the trier of facts a firm belief or
conviction as to the allegations sought to be
established; it is more than preponderance but
not to the extent of such moral certainty as is
required beyond reasonable doubt as in
criminal cases (Black‘s Law Dictionary, 5th
Ed., 1979).
B. Give two instances when the quantum of proof
required is clear and convincing evidence.
a. Accused claims justifying/exempting
circumstances. As when invoking self-defense,
the onus is on the accused-appellant to
establish by clear and convincing evidence his
justification for the killing (People v. Tomolin,
G.R. No. 126650, July 28, 1999);
b. Granting or denial of bail in extradition
proceedings (Government of Hong Kong
Special Administrative Region v. Olalia, Jr.,
G.R. No. 153675, April 19, 2005)
P a g e 8 | 47
 c. When proving ownership over a land in
annulment or reconveyance of title (Manotok
Realty, Inc. v. CLT Realty Development
d. When proving forgery (Citibank, N.A. v.
Sabeniano, G.R. No. 156132, Feb. 6, 2007);
C. What is the quantum of proof in administrative cases
against lawyers?
In administrative cases against lawyers, the quantum
of proof required is preponderance of evidence.
D. What is the quantum of proof in preliminary
investigations?
During preliminary investigation the quantum of proof
is well founded belief of the fact of commission of a
crime.
In order to arrive at probable cause, the elements of the
crime charged should be present. In Reyes v.
Ombudsman (Reyes), this Court unanimously held that
in determining the elements of the crime charged for
purposes of arriving at a finding of probable cause,
"only facts sufficient to support a prima facie case a
against the [accused] are required, not absolute
certainty."
Reference: Sen. Jinggoy Ejercito Estrada vs. Office of
the Ombudsman (G.R. Nos. 212140 -41 January 21,
2015)
E. When may a civil action be decided not on the basis of
preponderance of evidence?
a. In action for damages - when proving bad faith
to warrant an award of moral damages
b. In annulment or reconveyance of title when
proving ownership over a land (Manotok
Realty, Inc. v. CLT Realty Development Corp.,
G.R. No. 123346, December 14, 2007);
F. What is a prima facie case?
A prima facie case is that amount of evidence which
would be sufficient to counter-balance the general
presumption of innocence, and warrant a conviction, if
not encountered and controlled by evidence tending to
contradict it, and render it improbable, or to prove
other facts inconsistent with it, and the establishment
of a prima facie case does not take away the
presumption of innocence which may in the opinion of
the jury be such as to rebut and control it.
Reference: Prima facie case: Fe J. Bautista vs. Hon.
Malcolm Sarmiento (G.R. No. L-45137
dated September 23, 1985)
G. What is equipoise of evidence?
Equipoise of evidence is a state where the evidence of
the prosecution and the defense are so evenly balance.
Where there is such evenly balance evidence, the
appreciation of such evidence calls for tilting of the
scales in favor of the accused.
IV. EVIDENCE AND ITS ADMISSIBILITY
A. What are the kinds of evidence according to:
1. Form
a. Object- those evidence addressed to the senses of the court
b. Documentary- paper- based documents. Documents as
evidence consist of writings or any material containing letters,
words, numbers, figures, symbols, or other modes of
writtenexpressions, offered as proof of their contents
c. Testimonial- narration made under oath by a witness
2. Relevancy
a. Direct Evidence proves a fact without the need to make an
inference from another fact (Riano, 2016).
P a g e 9 | 47
 b. Circumstantial Evidence or indirect evidence proves a fact in
issue indirectly through an inference which the fact finder
draws from the evidence established. (People v. Matito, G.R.
No. 144405, February 24, 2004)
3. Probative value
a. Relevant - evidence having any tendency to make the
existence of any fact that is of consequence to the
determination of the action more probable or less probable
than it would be without the evidence.
b. Material - Evidence is material if it is offered to prove or
disprove a specific fact in issue.
c. Immaterial - Immaterial evidences have nothing substantial to
do with the case or any issue in the case.
B. What is an electronic evidence?
Electronic Evidence or Electronic document refers to information, data,
figures, symbols or other words of written expressions, 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 produce
electronically. It includes digitally signed documents and any printout or
output, readable by sight or other means, which accurately reflects the
electronic data message or electronic document.
It does not only refer to the information itself, It also refers to the
representation of that information. Whether it be the information itself or
its representation, for the document to be deemed electronic, it is
important that it be received , recorded, transmitted, stored, processed,
retrieved or produce electronically.
C. What kinds of evidence according to form is an electronic evidence?
Electronic evidence is a form of documentary evidence.
Documents as evidenced consists of writings or any material containing
letters, words, numbers, figures, symbol or other modes of written
expressions offered as proof of their contents. Since an electronic
document is the functional equivalent of a paper-based document,
whenever a rule of evidence makes reference to the terms of a writing,
document, record, instrument, memorandum or any other form of writing,
such terms are deemed to include electronic documents.
D. What are the two maxims of admissibility of evidence?
1. None but facts having rational probative value are admissible.
It assumes no particular doctrine as to the kind of ratiocination
implied-whether practical or scientific, coarse and ready or refined
and systematic. It prescribes merely that whatever is presented as
evidence shall be presented on the hypothesis that it is calculated,
according to the prevailing standards of reasoning, to effect rational
persuasion.
2. All facts having rational probative value are admissible.
The axioms expresses the truth that legal proof, though it has peculiar
rules of its own, does not intend to vary without cause from what is
generally accepted in the rational processes of life; and that of such
variations some vindication may, in theory, always be demanded.
E. What are the kinds admissibility?
1. Multiple admissibility
If a fact is offered for one purpose and is admissible insofar as it
satisfies all rules applicable to it when offered for that purpose , its
failure to satisfy some other rule which would be applicable to it
offered for another purpose does not exclude it.
2. Conditional admissibility
When two or more evidentiary facts are so connected under the issue
that the relevancy of one depends upon another not yet evidenced,
and the party is unable to introduce them both at the same moment,
the offering party may be require by the court, as a condition
precedent, to state the supposed connecting facts and to produce them
P a g e 10 | 47
 later. If the promised is not fulfilled, such fact already received will
be stricken off the record at the initiative of the other party.
3. Curative admissibility
Where an inadmissible fact has been offered by one party and
received by one without objection, and the opponent afterwards, for
the purpose of counteracting it, offers a fact similarly inadmissible,
such fact is admissible if it serves to remove an unfair effect upon the
court which might otherwise ensue from the original fact.
F. When is evidence considered relevant?
Evidence is relevant when it has such a relation to the fact in issue as to
induce belief as to its existence or non-existence or its probability or
improbability.
It deals with the rational relationship between the evidence and the fact to
be proved. In other words, the evidence adduced should be directed to the
matters in dispute and any evidence which has neither direct nor indirect
relationship to such matters must be set aside as relevant.
G. What is the test of relevancy of evidence?
The test of relevancy of evidence is when the evidence offered has a
relation to the fact in issue as to induce belief as to its existence or non-
existence or its probability or improbability.
H. When is evidence considered competent?
Evidence is competent if it is not excluded by law or by the rules. If the
law or a particular rule excludes the evidence, it is incompetent.
Competence is primarily, therefore, a matter of law or rule.
I. What are rules of exclusions in general?
The rules of exclusion in general are The Exclusionary Rule Principle
and The Doctrine of the Fruit of the Poisonous Tree.
J. What is the exclusionary rule?
The principle mandates that evidence obtained from an illegal arrest,
unreasonable search or coercive investigation, or in violation of a
particular law, must be excluded from the trial and will not be admitted as
evidence.
K. Give 5 rules of exclusions provided in substantive laws.
1. Violation of the Secrecy of Bank Deposits Law (R.A. 1405)
2. Violation of the Anti-Wire Tapping Law (R.A. 4200)
3. Information in violation of R.A. 1477. Editors, publishers, or duly
accredited reporters of any newspapers, magazine or periodical of
general circulation cannot be compelled to reveal the source of
any news, report or any information given to them in confidence.
4. Conciliators, mediators, and similar officials shall not testify in
any court or body regarding any matter taken up at the
conciliation proceedings conducted by them under Article 233,
Labor Code.
5. Violation of Trade Secrets under R.A. No. 8293 known as
Intellectual Property Code of the Philippines.
L. Give 5 rules of exclusions found in procedural laws aside from the Rules
of Court.
1. Violation of the right to counsel under Article 125(2) of the
Revised Penal Code.
2. Violation of the Miranda rights as expressly stated in Article 3,
Section 12(3) of the Constitution.
3. Unreasonable search and warrant under Article 3, Section 2
except in cases enumerated under Rule 113, Section 5.
4. Evidence obtained in violation of the privacy communication and
correspondence in the Constitution.
5. Evidence obtained in violation of the right against self-
incrimination.
M. Enumerate (only) the rules of exclusion found in the Rules of Court.
1. The rule excluding secondary evidence when the primary or best
evidence is available.
2. The rule excluding hearsay evidence.
P a g e 11 | 47
 3. The rule excluding privilege communications. 2. Evidence submitted for one purpose may not be considered for
3.1. Filial privileged communication any other purpose (People v. Diano, [CA], 66 O.G. 6405); and
3.2. Marital Privilege Rule 3. For the adverse party to interpose the proper objection.
3.3. Spousal Immunity Marital Privilege Rule
3.4. Attorney-Client Privilege E. Why must the purpose of the presentation of the evidence be included in
3.5. Doctor-patient Privilege the offer?
3.6. Priest and Penitent Privilege Purposes of offer of evidence:
3.7. Statement of public officers during his term or 1. To notify the party of possible objection, and for the offeror to
afterwards make necessary correction at the trial level to meet the objection;
3.8. Executive privilege 2. To allow the trial judge to rule properly;
3. To lay basis for appeal so that the appellate court can decide
V. PRESENTATION OF EVIDENCE intelligently (Regalado, 2008).
A. What are the requisites so that a piece of evidence will be considered by
the courts? F. May an evidence be considered by the court for purposes not indicated in
For evidence to be considered by the courts, it must be Relevant, the offer? (di sa pang-iinsulto pero para magkaintindihan tayo : a
Competent and formally offered. document is offered to prove points 1 and 2. May it be considered by the
Court to prove point 3?)
B. What is Offer of Evidence?
A formal offer of evidence conveys to the judge the purpose/s for which As a rule no. However, it may be considered upon the discretion of the
an evidence is being presented and allows the court to pass judgment on court.
its admissibility should the adverse party object to the evidence after
examining it. G. What is an objection?
An objection is a formal protest raised in court during a trial to disallow a
C. When may a court consider evidence which was not formally offered? witness's testimony or other evidence in violation of the rules of evidence
In the interest of substantial justice, the Supreme Court has, on occasion, or other procedural law.
allowed the admission of evidence not formally offered, provided that
two essential conditions must concur: H. When should an objection be made in the case of:
a. The evidence must have been duly identified by testimony duly 1. Testimonial evidence (2 instances dapat )
recorded; and a. When the offer was made;
b. It must have been incorporated in the records of the case. b. When an objectionable question is asked of the witness.

D. What are the reasons why evidence must be offered? 2. Documentary evidence
Reasons for stating purposes of offer of evidence: When the document is offered in evidence.
1. For the court to determine whether that piece of evidence should
be admitted or not; 3. Object evidence
When the document is offered in evidence.

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 a.
I. What is the effect if an objection is not timely made? b.
Objections to the admission of evidence must be made seasonably, at the c.
time it is introduced or offered, otherwise they are deemed waived, and
d.
will not be entertained for the first time on appeal. (People v. Bañares,
G.R. No. 68298, November 25, 1986)
e.
J. What is the reason why an objection must be made to questions f.
pertaining to documents which are inadmissible even before the g.
documents are offered?
h.
An objection must be made to questions pertaining to documents which
are inadmissible even before the documents are offered because failure to
do so would give the other party the opportunity to amend his complaint. i.
Also, because when a party failed to interpose a timely objection to
evidence at the time they were offered in evidence, such objection shall j.
be considered as waived. This is true even if by its nature the evidence is
inadmissible and would have surely been rejected if it had been
challenged at the proper time. k. Objection to the question for being improper in re-
direct examination; and
K. What are the kinds of objection according to:
Objection to the question for being leading;
Objection to the question for being misleading;
Objection to the question for being vague;
Objection to the question for it has already been
answered(repetitious);
Objection to the question for being argumentative;
Objection to the question for being irrelevant;
Objection to the question for the proper foundation has
not been laid;
Objection to the question for the witness is
incompetent;
Objection to the question for it calls for a conclusion
of law;
Objection to the question for it calls for a conclusion
of fact;

1. Scope M. What is a leading question?

a. General Objection – “Broad Objection” it does not go beyond
declaring the evidence as immaterial, incompetent, irrelevant or
inadmissible. It does not specify grounds for objection.
b. Specific Objection – States why or how the evidence is irrelevant or
incompetent.
2. Nature
a. Irrelevant – evidence being presented is irrelevant.
b. Incompetent – evidence presented is excluded by law.
L. Give 10 examples of formal objections.
It is one which suggests to the witness the answer which the examining
party desires. A leading question is not allowed (Sec. 10, Rule 132).
A leading question is one that tries to put words in the witness' mouth or
looks for the person to echo back what the questioner asked.
N. Why are leading questions not allowed?
Leading questions can serve as a form of persuasion. They are rhetorical
in the sense that the implied answers can be an attempt to shape or
determine a response.
O. Are all questions answerable with a “yes” or “no” leading?

P a g e 13 | 47
 No. When the question does not in any way suggest or influence the
answer to be given, as when it in relation to preliminary matters, it is not
leading.
P. When are leading questions allowed?
A leading question is allowed on the following circumstances:
1. On cross-examination;
2. On preliminary matters;
3. When there is difficulty in 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;
4. Of an unwilling witness or hostile witness;
NOTE: A witness may be considered as unwilling or hostile only
if so declared by the court upon adequate showing of his adverse
interest, unjustified reluctance to testify or his having misled the
party into calling him to the witness stand. (Sec. 12, Rule 132)
5. Of a witness who is an adverse party or an officer, director, or
managing agent of a public or private corporation or of a
partnership or association which is an adverse party (Sec. 10,
Rule 132); or
6. In all stages of examination of a child if the same will further the
interests of justice (Sec. 20, Rule on Examination of a Child
Witness, A.M. No.004-07-SC)
Q. What is a misleading question?
It is one which assumes as true a fact not yet testified to by the witness,
or contrary to that which he has previously stated. It is not allowed (Sec.
10, Rule 132) in any type of examination (Riano, 2016).
R. What is extrapolation?
Extrapolation is an estimation of a value based on extending a known
sequence of values or facts beyond the area that is certainly known.
An extrapolation is kind of like an educated guess or a hypothesis.
S. Why is a compound question not allowed?
This may result in inaccuracies in the attitudes being measured for the
question, as the respondent can answer only one of the two questions, and
cannot indicate which one is being answered.
A compound question can be objected to by opposing counsel since it is
confusing to the witness, who is entitled to answer each question
separately.
T. Why should you object to a question that calls for a narration?
You should object if the question calls for a narration because the
question asks the witness to relate a story rather than state specific facts.
This objection is not always proper even when a question invites a
narrative response, as narrative testimony may be required or preferred
due to the circumstances of the case.
U. What is the difference between “laying the foundation” and “laying the
predicate”?
Laying the foundation refers to a situation where evidence which is
otherwise incompetent will be introduced into the evidence because it
falls under the rules of exclusion.
Laying the predicate refers only to impeachment of a witness through
prior inconsistent statements.
V. When is a continuing objection proper?
A continuing objection is an objection an attorney makes to a series of
questions about a related point. A continuing objection may be made, in
the discretion of the court, to preserve an issue for appeal without
distracting the factfinder (judge) with an objection to every question. A
continuing objection is made where the objection itself is overruled, but
the trial judge permits a silent continuing objection to that point so that
there are fewer interruptions.
P a g e 14 | 47
W. Give 10 examples of substantive objections.
a. Objection to the question for it calls for hearsay evidence;
b. Objection to the question for lack of basis, or it assumes a fact not
established;
c. Objection to the question for it invades the field of confidential
communication;
d. Objection to the question for being inadmissible under the parol
evidence rule;
e. Objection to the question for it calls for parol evidence of an
alleged agreement under the statutes of fraud;
f. Objection to the question for it tends to elicit evidence which is
not the best evidence;
g. Objection to the question for it calls for the opinion of the
witness;
h. Objection to the question for it attempts to elicit from the witness
self-serving evidence;
i. Objection to the question for the document offered is self-serving;
j. Objection to the question for it lacks proper foundation.
X. What is Offer of Proof?
It is an explanation made by an attorney to a judge during trial to show
why a question which has been objected to as immaterial or irrelevant
will lead to evidence of value to proving the case of the lawyer's client.
Y. What is the purpose of Offer of Proof?
Offer of proof must be made for three basic reasons. First, the trial court
should be shown that the testimony would be admissible and proper.
Second, the offer of proof is necessary in order that prejudice may be
shown in the exclusion of the testimony, in line with the general rule of
law that no issue is appealable unless the appellant's case has been
weakened by the exclusion below. Third, the offer allows the opponent to
learn the nature of the testimony and to reconsider the objection. These
purposes must be kept in mind throughout this consideration of the merits
and requirements of the rules applicable to offers of proof.
The offer provides the opposition a preview of the questions (and helps
prevent surprise), but is essential to overcome the objections.
Z. What is authentication?
It is the process of proving the due execution and genuineness of a
document.
AA. Who is a sponsor in evidence?
The sponsor of evidence is the person offering it.
VI. OBJECT EVIDENCE
A. What is an object evidence?
Object evidence, also known as real evidence, demonstrative evidence,
autoptic preference and physical evidence, is that evidence which is
addressed to the senses of the court (Sec. 1). It is not limited to the view
of an object. It extends to the visual, auditory, tactile, gustatory, and
olfactory. It is considered as the evidence of the highest order.
B. What is a demonstrative evidence?
Demonstrative evidence is not the actual thing but it is referred to as
“demonstrative” because it represents or demonstrates the real thing. It is
that tangible evidence that merely illustrates a matter of importance in the
litigation.
C. Differentiate object evidence from demonstrative evidence.
Object evidence is that tangible object that played some actual role in the
matter that gave rise to the litigation. It intends to prove that the object is
used in the underlying event.
Demonstrative evidence is that tangible evidence that merely illustrates a
matter of importance in the litigation. It intends to show that the
demonstrative object fairly represents or illustrates what is alleged to be
illustrated.
D. What are the types of demonstrative evidence?
a. Photograph
b. Sound recordings
c. Drawings
P a g e 15 | 47
 d. Diagrams or maps
e. Simulation
E. Give five examples of demonstrative evidence.
a. Photographs
b. Motion pictures and recordings
c. Diagrams, models and maps
d. X-ray pictures
e. Scientific tests, demonstrations and experiments
F. Why is object evidence also called real evidence?
Object evidence is also called real evidence because it is the “real” thing
itself. It consists of tangible things like a gun, a broken glass, a piece of
bloody clothing or the defective ladder that caused the fall of the plaintiff.
G. Why is it also known as autoptic evidence?
Object evidence is also known as autoptic evidence because it is a mute
but eloquent manifestation of truth, and it ranks high in our hierarchy of
trustworthy evidence – where the physical evidence should prevail.
H. What is autoptic preference?
It is the physical evidence that can be seen and inspected. Such evidences
have probative value but do not play a direct role to prove or clarify the
subject matter in question. Such evidences are ordinarily given to clarify
a testimony.
I. What are the requisites so that an object evidence may be admitted in
evidence?
The requisites so that an object evidence may be admitted in evidence are
the following:
a. It must be relevant to the fact in issue.
b. It must be authenticated before it is admitted.
c. It must not be hearsay.
d. It must not be privilege.
e. It must meet any additional requirement set by law.
J. How must authentication be done for:
a. Real evidence in general - use circumstantial evidence
To authenticate the object, it must be shown that the object is the very
thing that is either the subject matter of the law suit or the very one
involved to prove an issue in the case.
- There must be someone who should identify the object to be the
actual thing involved in the litigation. This someone is a witness. An
object evidence, being inanimate, cannot speak for itself. It cannot
present itself to the court as an exhibit.
b. Photograph - by the person who made the recording or by some other
person competent to testify on the accuracy thereof.
- Photographs, when presented in evidence, must be identified by the
photographer as to its production and testified as to the circumstances
under which they were produced. The value of this kind of evidence
lies in its being a correct representation or reproduction of the
original, and its admissibility is determined by its accuracy in
portraying the scene at the time of the crime.
-The photographer, however, is not the only witness who can identify
the pictures he has taken. The correctness of the photograph as a
faithful representation of the object portrayed can be proved prima
facie, either by the testimony of the person who made it or by other
competent witnesses who can testify to its exactness and accuracy,
after which the court can admit it subject to impeachment as to its
accuracy. Here, the photographs are admissible as evidence in as
much as the correctness thereof was testified to by the companions of
the victim (Sison v. People, G.R. Nos. 108280-83, November 16,
1995).
c. Video footage taken by a person- by the person who made the
recording or by some other person competent to testify on the
accuracy thereof
- Video footage may also be authenticated the same way as a
photograph that when presented in evidence, must be identified by the
videographer as to its production and testified as to the circumstances
P a g e 16 | 47
 under which they were produced. The value of this kind of evidence
lies in its being a correct representation or reproduction of the
original, and its admissibility is determined by its accuracy in
portraying the scene at the time of the crime.
The videographer, however, is not the only witness who can identify
the pictures he has taken. The correctness of the photograph as a
faithful representation of the object portrayed can be proved prima
facie, either by the testimony of the person who made it or by other
competent witnesses who can testify to its exactness and accuracy,
after which the court can admit it subject to impeachment as to its
accuracy.
d. CCTV footage - by the person who made the recording or by some
other person competent to testify on the accuracy thereof
-A showing that the recording device was capable of taking testimony
-A showing that the operator of the device was competent
-Establishment of authenticity and correctness of recording
- A showing that changes, additions or deletions have not been made
-A showing of the manner of the preservation of the recording
-Identification of the Speakers
- A showing that the testimony elicited was voluntarily made without
any kind of inducement.
e. Messages sent through text messaging/ email/messenger - by
evidence that it had been digitally signed by the person purported to
have signed the same.
- by evidence that other appropriate security procedures or devices
as may be authorized by Supreme Court or law for authentication
of electronic documents were applied to the document
- by other evidence showing its integrity and reliability to the
satisfaction of the judge
K. What are the categories of object evidence?
The categories of object evidence are:
1. Unique objects – those that have readily identifiable marks.
2. Objects made unique – those that are made readily identifiable.
3. Non-unique objects – those which have no identifying marks and
cannot be marked.
L. What is the doctrine of Chain of Custody?
The doctrine of Chain of Custody requires that from the moment the
evidence is collected, every transfer of evidence from person to person be
documented and that it be provable that nobody else could have accessed
that evidence. It ensures that the integrity and evidentiary value of the
seized items are preserved, so much so that unnecessary doubts as to the
identity of the evidence are removed.
M. When may a documentary evidence be presented as an object evidence?
Documentary evidence can be presented as an object evidence when it is
meant to prove its existence which is addressed to the senses of the court,
and not on the contents of the documents.
N. Give five limitations to the presentation of object evidence.
a. When contrary to public morals or decency;
b. If it would result in delays, inconvenience;
c. Would result to unnecessary expense;
d. Would be confusing or misleading;
e. Testimonial or documentary evidence already presented clearly
portrays the object.
O. What is the Fruit of the Poisonous Tree doctrine?
The doctrine speaks of that illegally seized documents, papers, and things
are inadmissible in evidence. The exclusion of such evidence is the only
practical means of enforcing the constitutional injunction against
unreasonable searches and seizures.
P. For what evidentiary purpose may blood grouping tests be
conclusive?
They can provide unequivocal evidence that a male is not the father of a
particular child
P a g e 17 | 47
Q. What is DNA evidence? ( Ref: Antonio Lejano vs. People of the
Philippines G.R. No. 176389 December 14, 2010; People of the
Philippines vs. Edgar Allan Corpuz G.R. No. 208013 July 3, 2017)
1. What is DNA?
DNA (deoxyribonucleic acid) is the chain of molecules found in
every nucleated cell of the body. It is the fundamental building
block of a person’s entire genetic make-up which is found in all
human cells and is the same in every cell of the same person.
2. Give 5 instances when DNA evidence may be used.
a. Paternity cases
b. Custody cases
c. Proof-of-death cases
d. Double homicide / murder
e. Rape cases
3. What are the factors to be considered in determining the probative
value of DNA evidence?
The factors to be considered in determining the probative value of
DNA evidence are:
a. The chain of custody, including how the biological
samples were collected, how they were handled, and the
possibility of contamination of the samples;
b. The DNA testing methodology, including the procedure
followed in analyzing the samples, the advantages and
disadvantages of the procedure , and compliance with the
scientifically-valid standards in conducting the tests;
c. The forensic DNA laboratory, including its accreditation
and the qualification of the analyst who conducted the test;
if the laboratory is not accredited, the court shall consider
the relevant experience of the laboratory in forensic
casework and its credibility shall be properly established;
and
d. The reliability of the testing result.
4. What are the factors affecting the reliability of DNA evidence?
The factors affecting the reliability of DNA evidence are as
follows:
a. The falsifiability of the principles or methods used, that is,
whether the theory or technique can be and has been
tested;
b. The subjection to peer review and publication of the
principles or methods;
c. The general acceptance of the principles or methods by the
relevant scientific community;
d. The existence and maintenance of standards and controls
to ensure the correctness of date generated;
e. The existence of an appropriate reference population
database; and
f. The general degree of confidence attributed to
mathematical calculations used in comparing DNA
profiles and the significance and limitation of statistical
calculations used in comparing DNA profiles.
5. What are the requisites for the admissibility of DNA evidence?
a. A biological sample exists that has relevance to the case;
b. The biological sample (i) was not previously subjected to
the DNA testing requested; or (ii) if it was previously
subjected to DNA testing, the results may require
confirmation for good reasons;
c. The DNA testing uses a scientifically-valid technique;
d. The DNA testing has the scientific potential to produce
new information that is relevant to the proper resolution of
the case; and
e. The existence of other factors, if any, which the court may
consider as potentially affecting the accuracy and integrity
of the DNA testing.
6. What is the purpose of Post-conviction DNA testing?
The purpose of Post-conviction DNA testing is to give an
opportunity to any person convicted to reverse or modify the
judgment of conviction to ensure that justice is served.
P a g e 18 | 47

VII. DOCUMENTARY EVIDENCE
1. What is a document?
A document is a deed, instrument or other duly authorized paper by
which something is proved, evidenced or set forth.
2. What is a documentary evidence?
Documentary 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.
3. What is an original document?
Original document are the following:
a. The original of a document is one the contents of which are the
subject of inquiry;
b. when a document is in 2 or more copies executed at or about the
same time, with identical contents, including signed carbon
copies, all such copies are equally regarded as originals;
c. when an entry is repeated in the regular course of business, one
being copied from another at or near the time of the transaction,
including entries in journals and ledgers, all the entries are
likewise equally regarded as originals.
4. What is the Best Evidence Rule?
Best evidence rule is the rule used when the subject of the inquiry is
the contents of the document. In such case, no evidence shall be
admissible other than the original document itself.
5. What are the requisites for the application of the BER?
The following are the requisites for the application of the BER:
a. The document must be relevant;
b. The evidence must be authenticated;
c. The document must the authenticated by a competent witness;
and
d. The document must be formally offered in evidence.
6. What is a secondary evidence?
Secondary evidence is that which shows that better or primary
evidence exists as to the proof of the facet in question. It is the class
of evidence that is relevant to the fact in issue, it being first shown
that the primary evidence of the fact is not obtainable. It performs the
same functions as that of primary evidence.
7. What are the requisites for the introduction of secondary documentary
evidence?
The following are the requisites: the offeror must prove that due
execution and existence of the original document; the offeror must
show the cause of its unavailability; and the offeror must show that
the unavailability was not due to his bad faith.
8. What is parol evidence?
It is any evidence allunde which is intended or tends to vary or
contradict a complete and enforceable agreement embodied in a
document. It may refer to testimonial, real or documentary evidence.
9. What is the parol evidence rule?
Parol evidence rule is to give stability to written statements; to
remove the temptation and possibility of perjury; and to prevent
possible fraud.
10. What are the requisites for the application of the parol evidence
rule?
The following are the requisites: there must be a valid contract; the
terms of the agreement must be reduced to writing; the dispute is
between the parties or their successors-in-interest; and there is dispute
as to the terms of the agreement.
11. What are the exceptions to the parol evidence rule?
The following are the exceptions: A party may present evidence to
modify, explain or add to the terms of the written agreement if he puts
in his pleadings the following: an intrinsic ambiguity, mistake or
P a g e 19 | 47
 imperfection in the written agreement; failure of the written
agreement to express the true intent of the parties thereto; validity of
the written agreement; or existence of other terms agreed to by the
parties or their successor-in-interest after the execution of the written
agreement.
12. What is intrinsic ambiguity in a document?
On its face, the writing appears clear and unambiguous but there are
collateral matters which make the meaning uncertain. It is curable by
evidence allunde.
13. Differentiate Parol Evidence Rule from Best Evidence Rule.
Parol evidence (former) presupposes that the original document is
available in court, while Best evidence rule (latter) the original document is
not available or there is a dispute as to whether said writing is original;
The former prohibits the varying of the terms f a written agreement,
while the latter prohibits the introduction of secondary evidence in lieu of
the original document regardless of wheter or not it varies the contents of
the original;
The former applies only to documents which are contractual in nature
except wills, while the latter applies to all kinds of writings;
The former can be invoked only when the controversy is between the parties
to the written agreement, their privies, or any party affected thereby like a
cetui que trus, while the latter can be invoked by any party to an action
whether he has participated or not in the writing involved.
14. What is authentication of a documentary evidence?
It is proving the due execution and genuineness of the document.
15. What documentary evidence requires no authentication?
The following documentary evidence requires no authentication: the
private document must be more than 30 years old; that it be produced from a
custody in which it would naturally be found if genuine; and that it is
unblemished by any alteration or circumstances of suspicion.
16. What are the kinds of documents according to the manner of
authentication?
a. Writings or Paper Based Documents
b. “Or Any other material” refers to any other solid surface but not
paper such as blackboard, walls, shirts, tables, floor.
c. Electronic Evidence pursuant to the Rules of Electronic Evidence.
d. Text messages are electronic evidence being ephemeral electric
communications. They maybe proven by the testimony of a
person who was a party to the same or who has personal
knowledge thereof such as the recipient of the messages ( Nunez
vs. Cruz Apao 455 SCRA 288)
17. Differentiate private documents from public documents?
As to what comprises it :Public documents(former) are the written
official acts, or records of the official bodies and tribunals, and public
officers, wheter of the Philippines, or of a foreign country; documents
acknowledged before a notary public except last wills and testaments; and
public records kept in the Philippines, of private documents(latter) required
by law to be entered therein. On the other hand, private documents are those
which are not included in the enumerations of public documents.
As to authenticity and admissibility as evidence: The former is
admissible as evidence without need of further proof of its genuineness and
due execution, while the latter before it is offered as authentic is received in
evidence, its due execution and authenticity must be proved either by
anyone who saw the document executed or written, or by evidence of the
genuineness of the signature or handwriting of the maker.
As to persons bound: In the former evidence against third persons, of
the fact which gave rise to its due execution and to the date of the latter,
while the latter binds only the parties who executed them or their privies,
insofar as due execution and date of the document are concerned.
P a g e 20 | 47
18. What are the different kinds of public documents? Give one
example for each.
a. The 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 – Judgment.
b. Documents acknowledged before a notary public except last wills
and testaments – Deed of Sale and documents affecting registered
lands which are submitted to the Register of Deeds, Assessors Office
c. Public records, kept in the Philippines, of private documents
required by law to be entered therein - Income tax Returns submitted
to the Bureau of internal revenue
19. What will you present if you want to prove an official record?
Written Official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, may be
evidenced by: a) If within the Philippines: an official publication thereof; or
by a copy attested by the officer having the legal custody of the record, or
by his deputy. b) If it is kept in a foreign country: an official publication
thereof; or by a copy attested by the officer having the legal custody of the
record, or by his deputy and accompanied with a certificate that such officer
has the custody. The certificate may be made by a secretary of the embassy
or legation, consul general, consul, vice consul, or consular agent or by 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.
20. When is a document or record required to be attested?
A document is required to be attested when public document
presented is a certified true copy of a public document. Such document must
be attested by the proper custodian and bearing the certification by him, his
signature, and the seal of his office, pursuant to the principle of
Irremovability of Public records
21. What should be stated in the attestation?
a) That the copy is a correct copy of the original, or a specific part
thereof, as the case may be;
b) it must 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.
22. How do you prove the non-existence of an official record?
Proof of lack of record of a document consists of written statement
signed by an officer having custody of an official record or by his deputy.
The written statement must contain the following matters: a) there has been
a diligent search of the record; b) despite the diligent search, no record of
entry of specified tenor is found to exist in the records of his office.
23. What kind of public documents are judicial records?
The 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.
24. How do you impeach documentary evidence in general?
a. By objection and without objection, the objection is waived and
the evidence is admitted (Sec. 36, Rule 132); or
b. By motion to strike (Sec. 39, Rule 132).
25. How do you impeach judicial records?
It may be impeached by evidence of: a) want of jurisdiction in the
court or judicial officer; b) collusion between the parties; or c) fraud in the
party offering the record, in respect to the proceedings.
26. What are notarial documents?
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 Notarial documents are documents acknowledged before a notary
public is considered a public document and enjoy the presumption of
regularity. They are the documents 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 (Sec. 30, Rule 132).
27. Is an affidavit a notarial document?
Yes. As regards affidavits, including answers to interrogatories
which are required to be sworn to by the person making them, the only
portion thereof executed by the person authorized to take oaths is the jurat.
The presumption that official duty has been regulatory performed thereof
applies only to jurat or last portion, wherein the notary public merely attests
that the affidavit was subscribed and sworn to before him or her, on the date
mentioned thereon. This, even though affidavits are notarized documents,
the SC settled that affidavits, being self-serving, must be received with
caution.
28. Is an affidavit a public document?
No, as a rule an affidavit is not a public document since what was
mentioned in the rules are those acknowledged before a notary public.
However, they may be considered as public documents if they are
acknowledged before a notary public. For example, Affidavit of Self
Adjudication of sole heir with waiver of rights.
29. How do you prove notarial documents?
The document may be proved in evidence without further proof, the
certificate of acknowledgement being prima facie evidence of the execution
of the instrument or document involved.
30. When may an altered document be admissible?
A party producing a document as genuine which has been altered and
appears to have been altered after its execution must account for the
alteration. However, he may show that the alteration: a) was made by
another, without his concurrence; b) was made with the consent of the
parties affected by it; c) was otherwise properly or innocently made; or d)
that the alteration did not change the meaning or language of the instrument.
31. Differentiate these kinds of public documents as to what they may
prove. (ref: RP vs. Fe RoaGimenez G.R. No. 174673 dated January 11,
2016)
Public records made in the performance of a duty by a public officer
include those specified as public documents under Section 19(a), the
acknowledgement, affirmation or oath, or jurat portion of public documents
under Section 19(c).
32. How may a private writing be authenticated?
It may be authenticated by showing that: a) the private document be
more than 30 years old; b) That it be produced from a custody in which it
would naturally be found if genuine; and c) that it is unblemished by any
alteration or circumstances of suspicion.
33. How is the genuineness of a handwriting proven?
a) It may be proved by any witness who actually saw the person
writing the instrument; b) by any person who is familiar or has acquired
knowledge of the handwriting of such person, his opinion as to the
handwriting being an exception to the opinion rule under Secs.48 and 50 of
Rule 130; c) by a comparison of the questioned handwriting from the
admitted genuine specimens thereof; or d) by expert witness.
34. Give ten rules as regards the interpretation of documents.
a. Section 10. Interpretation of a writing according to its legal
meaning. — The language of a writing is to be interpreted according
to the legal meaning it bears in the place of its execution, unless the
parties intended otherwise.
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 b. Section 11. Instrument construed so as to give effect to all
provisions. — In the construction of an instrument, where there are
several provisions or particulars, such a construction is, if possible,
to be adopted as will give effect to all.
c. Section 12. Interpretation according to intention; general and
particular provisions. — In the construction of an instrument, the
intention of the parties is to be pursued; and when a general and a
particular provision are inconsistent, the latter is paramount to the
former. So a particular intent will control a general one that is
inconsistent with it.
d. Section 13. Interpretation according to circumstances. — For the
proper construction of an instrument, the circumstances under which
it was made, including the situation of the subject thereof and of the
parties to it, may be shown, so that the judge may be placed in the
position of those who language he is to interpret.
e. Section 14. Peculiar signification of terms. — The terms of a
writing are presumed to have been used in their primary and general
acceptation, but evidence is admissible to show that they have a
local, technical, or otherwise peculiar signification, and were so
used and understood in the particular instance, in which case the
agreement must be construed accordingly.
35.
f. Section 15. Written words control printed. — When an instrument
consists partly of written words and partly of a printed form, and the
two are inconsistent, the former controls the latter.
a. What are governed by the Rules on Electronic Evidence?
It shall apply to all civil actions and proceedings, as well as
quasi-judicial and administrative cases.
b. Is it applicable to criminal cases?
Criminal cases were not one of the enumeration included in
Sec,2 Rule 1 of Electronic Evidence, nor expressly prohibit the
use of electronic evidence in criminal cases.
g. Section 16. Experts and interpreters to be used in explaining
certain writings. — When the characters in which an instrument is
written are difficult to be deciphered, or the language is not
understood by the court, the evidence of persons skilled in
deciphering the characters, or who understand the language, is
admissible to declare the characters or the meaning of the language.
h. Section 17. Of Two constructions, which preferred. — When the
terms of an agreement have been intended in a different sense by the
different parties to it, that sense is to prevail against either party in
which he supposed the other understood it, and when different
constructions of a provision are otherwise equally proper, that is to
be taken which is the most favorable to the party in whose favor the
provision was made.
i. Section 18. Construction in favor of natural right. — When an
instrument is equally susceptible of two interpretations, one in favor
of natural right and the other against it, the former is to be adopted.
j. Section 19. Interpretation according to usage. — An instrument
may be construed according to usage, in order to determine its true
character.
Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
c. What is electronic evidence?
Electronic evidence refers to the information generated, sent,
received or stored by electronic, optical or similar means.
According to Black’s law dictionary, evidence is “any species
of proof, or probative matter, legally presented at the trial of an
P a g e 23 | 47
 issue, by the act of the parties and through the medium of
witnesses, records, documents, exhibits, concrete objects, etc.
for the purpose of inducing belief in the minds of the court or
jury as to their contention.” Electronic information (like paper)
generally is admissible into evidence in a legal proceeding.
Any computer-generated data that is relevant to a case.
Included are email, text documents, spreadsheets, images,
database files, deleted email and files and back-ups. The data
may be on floppy disk, zip disk, hard drive, tape, CD or DVD.
d. What is an electronic document?
Electronic document refers to 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.
e. What is an electronic signature?
Electronic signature refers to any distinctive mark,
characteristic and/or sound in electronic form, representing the
identity of a person and attached to or logically associated with
the electronic data message or electronic document or any
methodology or procedure employed or adopted by a person
and executed or adopted by such person with the intention of
authenticating, signing or approving an electronic data message
or electronic document. For purposes of these Rules, an
electronic signature includes digital signatures.
f. What are the presumptions regarding an electronic signature?
Upon the authentication of an electronic signature, it shall be
presumed that:
a. The electronic signature is that of the person to whom it
correlates;
b. The electronic signature was affixed by that person with the
intention of authenticating or approving the electronic
document to which it is related or to indicate such person's
consent to the transaction embodied therein; and
c. The methods or processes utilized to affix or verify the
electronic signature operated without error or fault.
g. How is an electronic signature different from a digital
signature?
Electronic signature refers to any distinctive mark,
characteristic and/or sound in electronic form, representing the
identity of a person and attached to or logically associated with
the electronic data message or electronic document or any
methodology or procedure employed or adopted by a person
and executed or adopted by such person with the intention of
authenticating, signing or approving an electronic data message
or electronic document. For purposes of these Rules, an
electronic signature includes digital signatures. While digital
signature refers to an electronic signature consisting of a
transformation of an electronic document or an electronic data
message using an asymmetric or public cryptosystem such that
a person having the initial untransformed electronic document
and the signer's public key can accurately determine:
a) whether the transformation was created using the private key
that corresponds to the signer's public key; and
b) whether the initial electronic document had been altered
after the transformation was made.
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 h. How does an electronic signature work?
An electronic signature or a digital signature authenticated in
the manner prescribed hereunder is admissible in evidence as
the functional equivalent of the signature of a person on a
written document.
i. How is an electronic evidence authenticated?
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
VIII. TESTIMONIAL EVIDENCE
A. Witnesses:
1. Who is a witness?
A witness is a person whose declaration under oath (or
affirmation) is received as evidence for any purpose, whether
such declaration be made on oral examination or by
deposition or affidavit..
2. Who is a child witness?
c. by other evidence showing its integrity and reliability to the
satisfaction of the judge.
j. What is an ephemeral evidence?
Ephemeral electronic communications shall be proven
by the testimony of a person who was a party to the same or
has personal knowledge thereof. In the absence or
unavailability of such witnesses, other competent evidence may
be admitted.
A recording of the telephone conversation or ephemeral
electronic communication shall be covered by the immediately
preceding section.
If the foregoing communications are recorded or embodied in
an electronic document, then the provisions of Rule 5 shall
apply.
As a rule a child witness is any person who is below 18 years
old at the time of the giving of his testimony. A child includes
one over 18 years but found by the court as unable to fully
take care of himself or protect himself from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or
mental disability or condition.
a. Who is a facilitator?
A person appointed by the court to pose questions for a
child.
b. Who is a support person?
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 A person chosen by the child to accompany him to testify
at or attend a judicial proceeding or deposition to provide
emotional support for him.
c. What is the procedure in testing the competency of a
child witness?
The court shall conduct a competency examination of a
child motu proprio or on motion of a party when it finds
that substantial doubt exist regarding the ability of the
child to perceive.
A party seeking a competency examination must present
proof of necessity of competency examination.
The Judge shall conduct the examination. The counsel for
the parties however can submit questions to the judge,
that he may in his discretion ask the child.
The questions must be appropriate to the age and
development level of the child, shall not be related to the
issues at the trial and shall focus on the ability of the child
to remember comm-distinguish between truth and
falsehood.
d. How is the examination of a child witness done?
It shall be done in open court unless the witness is
incapacitated to speak, or the questions calls for a
different mode of answer, the answers of the witness shall
be given orally.
3. Who is a state witness?
An accomplice who gives evidence in criminal proceeding
usually in the expectancy of lighter punishment or pardon.
4. What is the difference between a state witness under the rules
on criminal procedure and a state witness under RA 6981?
State witness under the rules of criminal procedure pertains to
the accused being a state witness, while in RA 6981, it may
involve Any person who has knowledge of or information on
the commission of a crime and has testified or is testifying or
is willing to testify.
5. Who is a hostile witness?
A hostile witness is one whose testimony is not favorable to
the cause of the party who called him as a witness. Party
witness and accused-witness refer to the plaintiff, defendant or
the accused, testifying as witness for themselves, as opposed
to ordinary witnesses.
6. What are the qualifications of a witness?
All person who can perceive, perceiving, and can make
known their perception to others may be a witness.
7. Who is a competent witness?
A competent witness is one who is legally qualified to be
heard to testify in a cause. He is one who is not legally
disqualified from testifying in courts of justice, by reason
testifying in courts of justice, by reason of mental incapacity,
interest on the commission of crimes, or other cause excluding
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 him from testifying generally, or respect of the particular
subject matter, or in the particular suit.
8. Who is a credible witness?
A witness who testified in clear, positive and convincing
manner and remained consistent in cross-examination.
9. Disqualification of Witnesses:
11. Give five grounds for the relative disqualification of a
a. What is an absolute disqualification from being a witness?
Proposed witness is prohibited to take the witness stand.
b. What is a relative disqualification from being a witness?
Proposed witness is prohibited to testify only on certain
matters due to interest of relationship or to privileges.
10. Give five grounds for the absolute disqualification of a
witness. Give the requisites for the application of each.
(a) Those who cannot perceive (Sec. 20);
(b) Those who can perceive but cannot make their perception
known (Sec. 20);
(c) Mentally incapacity – Those whose mental condition, at
the time of their production for examination, is such that they
are incapable of intelligently making known their perception
to others (Sec. 21);
(d) Mentally immaturity – Children whose mental maturity is
such as to render them incapable of perceiving the facts
respecting which they are examined and of relating them
truthfully (Sec. 21);
(e) Marital disqualification – 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 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 (Sec. 22).
(f) Parental and filial privilege -- No person may be compelled
to testify against his parents, other direct ascendants, children
or other direct descendants (Sec. 25).
witness. Give the requisites for the application of each.
a. Marital privileged communications
i. Valid marriage between the husband and wife
ii. There is a communication received in confidence
by one from the other
iii. Confidential communication was received during
the marriage
b. Attorney-client privilege
i. There must be a communication made by the client
to the attorney or an advice given by the attorney
to his client;
ii. Communication or advice must be given in
confidence
iii. Communication or advice must be given either in
the course of the professional employment or with
a view to professional employment.
c. Physician-patient privilege
i. Used in civil case
ii. Relation of patient-physician already exist
iii. If the communication will be disclose it will
blacken the reputation of the patient
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d. Priest/minister-penitent privilege
i. The privilege is claimed in a civil case;
ii. The person against whom the privilege is claimed
is one duly authorized to practice medicine,
surgery or obstetrics;
iii. Such person acquired the information while he was
attending to the patient in his professional
capacity;
iv. The information was necessary to enable him to act
in that capacity; and
v. The information is confidential and, if disclosed,
would blacken the reputation of the patient.
e. Privilege communications to public officers
i. The confession must have been made to the priest
in his professional character according to the
discipline of the church to which the priest or
minister belongs (Sec. 24(d), Rule 130); and
ii. Communications made must be confidential and
must be penitential in character, e.g., under the seal
of the confessional
12. What is the difference between testimonial privilege and
testimonial disqualification?
The following are the differences in relation to marital
testimonial privilege and testimonial disqualification
Marital Disqualification Marital Privilege (Sec.
(Sec. 22) 24)
Can be invoked only if Can be claimed whether
one of the spouses is a or not the spouse is a
party to the action; party to the action;
Applies only if the Can be claimed even after
marriage is existing at the the marriage has been
time the testimony is dissolved;
offered;
Ceases upon the death or Continues even after the
either spouse; termination of the
marriage;
Constitutes a total Applies only to
prohibition against any confidential
testimony for or against communications between
the spouse of the witness; the spouses.
The prohibition is a The prohibition is the
testimony for or against examination of a spouse
the other. as to matters related in
confidence to the other
spouse.
13. What is the difference between parental testimonial privilege
and filial testimonial privilege?
Parental testimonial privilege refers to conduct of parents in
testifying against his children while filial testimonial privilege
is the children’s conduct of testifying against the parents. In
both cases they cannot be compelled to testify against each
other.
14. What is a privileged communication?
Conversation that takes places within the context of a
protected relationship, such as that between an attorney and
client, a husband and wife, a priest and penitent, and a doctor
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 and patient. The law often protects against forced disclosure
of such conversations.
15. What are the obligations of a witness?
A witness has an obligation to answer questions, although his
answer may tend to establish a claim against him.
16. What are the rights of a witness?
a. Not to give answer which will tend to subject him to a
penalty for an offense;
b. To be protected from irrelevant, improper, or insulting
questions and from harsh or insulting demeanor;
c. Not to be examined except only as to matters pertinent to
the issue;
d. Not to be detained longer than the interest of justice
requires;
e. Not to give an answer which will tend to degrade his
reputation, unless it be the very fact at issue or to a fact
from which the fact in issue would be presumed.
B. Examination of Witnesses
1. Why must testimonies be given in open court?
Open court examination allows the court the
opportunity to observe the demeanor of the witness.
2. Why must testimonies be given orally?
To give the adverse party the right to cross-examine
the witness.
3. What are the exceptions to the rule that testimonies
must be given orally?
The answers of the witness shall be given orally except
if:
a. the witness is incapacitated to speak
b. the question calls for a different mode of answer
c. In civil cases, by depositions
d. In criminal cases, by depositions or conditional
examinations
e. on Summary Procedure, the affidavits of the
parties shall constitute the direct testimonies of the
witnesses who executed the same
f. Under the Judicial Affidavit Rule, the judicial
affidavit shall take the place of direct testimonies
of witnesses.
4. What is the difference between an oath and an
affirmation?
An oath is an outward pledge made under an
immediate sense of responsibility to God or a solemn
appeal to the Supreme being in attestation of the truth
of some statement while an affirmation is a substitute
for an oath, and is a solemn and formal declaration that
the witness will tell the truth.
5. Why must a witness be sworn?
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 A witness must be sworn for him to tell the truth
during examination. If the witness is later found to
have lied whilst bound by the commitment, they can
often be charged with the crime of perjury. The types
of commitment can include oaths, affirmations and
promises which are explained in more detail below.
6. What are the duties of a witness?
a. To testify
b. to answer questions
c. to answer truthfully
7. Who shall examine the witness?
10.
The witness may be examined by his counsel or by the
opposing counsel.
8. What is a voir dire examination under the Philippine
setting?
Voire dire examination occurs when the adverse party
challenges the competency of the witness, then the
trial judge examines the witness to determine whether
the witness is competent to testify in court
9. What is the procedure in conducting a competency test
for a child witness?
The court shall conduct a competency examination of
a child motu proprio or on motion of a party when it
finds that substantial doubt exist regarding the ability
of the child to perceive.
A party seeking a competency examination must
present proof of necessity of competency examination.
The Judge shall conduct the examination. The counsel
for the parties however can submit questions to the
judge, that he may in his discretion ask the child.
The questions must be appropriate to the age and
development level of the child, shall not be related to
the issues at the trial and shall focus on the ability of
the child to remember comm-distinguish between truth
and falsehood.
What are the purposes of :
a) Direct examination
Purpose is to build up the theory of the case by
eliciting facts about the client‘s cause of action
or defense.
b) Cross-examination
Bring out facts favourable to counsel’s client
not established by the direct Cross-examination
aims to:
(a) Test the accuracy and truthfulness of the
witness and his freedom from interest or bias
or the reverse; and
(b) Elicit all important facts bearing upon the
issue, not only of those covered in the direct
examination but also on all other matters
relevant to the issue/s pleaded.
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 c) Re-direct examination
Principal objectives are
(a) to prevent injustice to the witness and the
party who has called him by affording an
opportunity to the witness to explain the
testimony given on cross-examination,
(b) to explain any apparent contradiction or
inconsistency in his statements, and
(c) complete the answer of a witness, or add a
new matter which has been omitted, or correct
a possible misinterpretation of testimony.
d) Re-cross examination
Adverse party may question the witness on
matters stated in his re-direct examination and
also on such matters as may be allowed by the
court in its discretion.
11. What is a judicial affidavit?
It is a written sworn statement of fact voluntarily made
by an affiant or deponent under an oath or affirmation
administered by a person authorized to do so by law.
Such statement is witnessed as to the authenticity of
the affiant's signature by a taker of oaths, such as
a notary public or commissioner of oaths.  the fact was fresh in his memory and he knew that it
12. What are the rules on the application of the Judicial
Affidavit Rule in:
a) civil cases
b) criminal cases
The judicial affidavit rule shall apply to all
criminal actions:
1. Where the maximum of the imposable
penalty does
not exceed six years;
2. Where the accused agrees to the use of
judicial
affidavits, irrespective of the penalty involved;
or
3. With respect to the civil aspect of the
actions,
whatever the penalties involved are.
13. When may a witness be allowed to use a
memorandum?
14. Define the two kinds of memoranda.
Present Recollection Revived
A witness may be allowed to refresh his memory
respecting a fact, by anything written or recorded by
himself or under his direction at the time when the fact
occurred, or immediately thereafter, or later so long as
was correctly written or recorded; but in such case the
writing or record must be produced and may be
inspected by the adverse party, who may, if he
chooses, cross- examine the witness upon it, and may
read it in evidence.
Past Recollection Recorded
A witness may also testify from such a writing or
record, though he retains no recollection of the
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 particular facts, if he is able to swear that the writing
or record correctly stated the transaction when made;
but such evidence must be received with caution. (Sec.
16, Rule 132)
15. What is impeachment of a witness?
It is a technique employed usually as part of cross-
examination to discredit a witness by attacking his
credibility.
16. Who may be impeached as witnesses?
17. How may a witness be impeached?
Ways of impeaching an adverse party’s witness:
1. By contradictory evidence;
2. By evidence that the general reputation for truth,
honesty or integrity of the witness is bad; or
3. By evidence that the witness has made at other
times statements inconsistent with his present
testimony
(Sec. 11, Rule 132).
NOTE: The other modes of impeaching a witness are:
1. By involving him during cross-examination in
contradiction;
2. By showing the impossibility or improbability of his
testimony;
3. By proving action or conduct of the witness
inconsistent with his testimony;
4. By showing bias, interest or hostile feeling against
the adverse party
18. What is the difference between “laying the predicate”
and “laying the foundation”?
19. What is the One Day Examination of Witness Rule?
The One-Day Examination of Witness Rule, that is, a
witness has to be examined in one (1) day only, shall
be strictly adhered to subject to the court's discretion
during trial whether or not to extend the direct and/or
cross-examination for justifiable reasons.
20. When may the testimony of a witness be expunged
from the record?
Motion to strike out or expunge:
a. When the witness answers prematurely before there
is reasonable opportunity for the adverse party to
object, and such objection is found to be meritorious;
b. When the answers are incompetent, irrelevant, or
improper (Sec. 39, Rule 132);
c. When the witness becomes unavailable for cross-
examination through no fault of the cross- examining
party;
d. When the answer is unresponsive;
e. When the testimony was allowed conditionally
and the condition for its admissibility was not
fulfilled (Riano, 2016);
f. When a witness has volunteered statements in
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 such a way that the party has not been able to
object thereto;
g. When a witness testifies without a question
being addressed to him;
h. When a witness testifies beyond the ruling of the
court prescribing the limits within which he may
answer (Herrera, 1999); or
i. Uncompleted testimonies where there is no
opportunity for the other party to cross- examination.
21. When may a witness be recalled?
e. What is the reason for the exclusion?
After the examination of a witness by both sides has
been concluded, the witness cannot be recalled without
leave of the court. The court will grant or withhold
leave in its discretion, as the interests of justice may
require
. and the possibility of fictitious claims against
C. Rules on Testimonies
1. What is testimonial knowledge?
2. Dead Man Statute
c. What are the other terms for this rule?
f. What are the requisites for the application of
Disqualification by reason of death or insanity
of adverse party
Survivorship Disqualification rule
d. What is the Dead Man Statute?
Parties or assignors of parties to a case, or
persons in whose behalf a case is prosecuted,
against an executor or administrator or other
representative of a deceased person, or against
a person of unsound mind, upon a claim or
demand against the estate of such deceased
person or against such person of unsound mind,
cannot testify as to any matter of fact occurring
before the death of such deceased person or
before such person became of unsound mind
(Sec. 23, Rule 130).
It is designed to close the lips of the plaintiff
when death has closed the lips of the
defendant, in order to remove from the
surviving party the temptation to do falsehood
the deceased (Tan v. CA, G.R. No. 125861,
September 9, 1998; Garcia v. Vda. De Caparas,
G.R. No. 180843, April 17, 2013).
In order to prevent perjury considering that the
other party cannot say anything anymore
because he/she is dead.
the Dead Man Statute ?
Requisites for the applicability of Dead Man’s
Statute
1. The defendant in the case is the executor or
administrator or a representative of the
deceased or the person of unsound mind; 2.
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 The suit is upon the claim by the plaintiff
against the estate of said deceased or person of
unsound mind; 3. The witness is the plaintiff,
or an assignor of that party, or a person in
whose behalf the case is prosecuted; and 4. The
subject of the testimony is as to any matter of
fact occurring before the death of such
deceased person or before such person became
of unsound mind (Sec. 23, Rule 130).
g. When will the Dead Man Statute not apply?
1. The rule has no application to mere
witnesses (Reyes v. Wells, 54 Phil. 102)
who are neither parties to the case, their
assignors, nor persons in whose behalf the
case is prosecuted (Guerrero, et al. v. St.
Clare’s Realty Co., Ltd., et al., G.R. No.
58164, September 2, 1983), nor to a
nominal party, nor to officers and
stockholders of a plaintiff corporation.
2. When a counterclaim is set up by the
administrator [or executor or
representatives] of the estate, the case is
removed from the operation of the dead
man’s statute.
3. The adverse party is competent to testify to
transactions or communications with the
deceased or incompetent person which
were made with an
agent of such person in cases in which the
agent is still alive and competent to testify. But
the testimony of the adverse party must be
confined to those transactions or
communications which were had with the agent
(Herrera, 1999, citing Goñi v. CA, G.R. No. L-
27434, September 23, 1986);
4. In land registration cases instituted by the
decedent’s representatives, this prohibition
does not apply as the oppositors are considered
defendants and may, therefore, testify against
the petitioner.This prohibition does not also
apply in cadastral cases since there is no
plaintiff or defendant therein (Tongco v.
Vianzon, G.R. No. 27498, September 20,
1927);
5. The disqualification under this rule is
waived if the defendant does not timely object
to the admission of such evidence or testifies
on the prohibited matters (Asturias v. CA, G.R.
No. L-17895, September 30, 1963) or cross-
examines thereon (Tongco v. Vianzon, supra);
6. The rule will not apply where the plaintiff is
the executor or administrator as representative
of the deceased, or if the plaintiff is the person
of unsound mind (Riano, 2016);
7. Where the testimony is intended to prove a
fraudulent transaction of the deceased (Ong
Chua v. Carr, G.R. No. L-29512, January 17,
1929), provided such fraud is first established
by evidence aliunde (Babao v. Perez, G.R. No.
L-8334, December 28, 1957);
8. Negative testimony, that is, testimony that a
fact did not occur during the lifetime of the
deceased (Mendezona v. Vda. De Goitia, G.R.
No. L-31739, March 11, 1930);
9. Testimony on the present possession by the
witness of a written instrument signed by the
deceased (4 Martin, op. cit., p. 164), as such
fact exists even after the decedent’s demise
(Regalado, 2008);
P a g e 34 | 47
 10. When the defendants, as heirs of the
deceased, are sued in their personal capacity
(Go Chi Gun v. Co Cho, 96 Phil. 622); and
11. In an action against a partnership, plaintiff
partners may testify against a deceased partner
(Fortis v. Gutierrez Hermanos, 6 Phil. 100).
h. Who may be considered as a “representative’
in the Dead Man Statute Rule ( Ref: De
Villanueva vs. CA G.R. No. L-27434 dated
Sept. 23, 1986)
i. How may an objection based on the Dead
Man’s Statute be waived?
The protection may be waived by:
1. Failing to object to the testimony;
2. Cross-examining the witness on the
prohibited testimony; or 3. Offering evidence
to rebut the testimony (Riano, 2016)
3. Hearsay Rule
a. What is hearsay evidence?
Hearsay evidence signifies all evidence which
is not founded upon the personal knowledge of
the witness from whom it is elicited.
b. What are the forms of hearsay evidence?
c. What is the Hearsay Rule?
The hearsay rule bars the testimony of a
witness who merely recites what someone else
has told him, whether orally or in writing.
d. Why is hearsay evidence excluded?
1. The adverse party is not given an
opportunity to cross-examine (Herrera, 1999);
and
2. The court is without opportunity to test the
credibility of hearsay statements by observing
the demeanor of the person who made them.
e. What are the requisites of hearsay evidence?
1. There must be an out-of-court statement; and
2. The statement made out of court, is repeated
and offered by the witness in court to prove the
truth of the matters asserted by the statement.
f. What is an independently relevant statement?
These are statements which are relevant
independently of whether they are true or not.
They are neither hearsay nor an exception to
the hearsay rule as the purpose thereof is not to
prove the truth of the declaration or document.
(Estrada v. Desierto, supra) It merely proves
the fact that a statement was made and not the
truth of the fact asserted in the statement.
g. Exceptions to the Hearsay Rule:
h. What is a dying declaration?
P a g e 35 | 47
 The declaration of a dying person, made under
the consciousness of an impending death, may
be received in any case wherein his death is the
subject of inquiry, as evidence of the cause and
surrounding circumstances of such death. (Sec.
37, Rule 130)
i. What are requisites of a dying declaration?
1. The declaration is one made by a dying person;
2. The declaration was made by said dying person
under a consciousness of his impending death;
3. The declaration refers to the cause and
circumstances surrounding the death of the declarant
and not of anyone else;
4. The declaration is offered in a case wherein the
declarant’s death is the subject of the inquiry (Geraldo
v. People, G.R. No. 173608, November 20, 2008);
5. The declarant is competent as a witness had he
survived (Ibid.);
6. That the statement is complete in itself – “Doctrine
of Completeness” (People v. De Joya, G.R. No.
75028, November 8, 1991); and
7. The declarant should have died (if he survives, his
declaration may be admissible as part of the res
gestae). (Riano, 2016)
ii. Why is a dying declaration considered hearsay?
Dying declaration is considered hearsay because the
victim/declarant is already dead hence the only
available remedy is to rely on the testimony of a
witness who heard, read or saw the dying declaration.
This also to prevent an injustice if the only evidence
of the crime is the dying declaration and yet it is
excluded.
iii. Why is a dying declaration admissible?
Dying declarations are admissible by reason of
relevancy, necessity and trustworthiness.
There is no more motive for a dying person to
fabricate a falsehood. Another basis for the presumed
truthfulness is the fear if punishment in the after life
which may induce a person to speak the truth during
his last moments. But the fact that the declarant does
not believe in an after-life of rewards and punishment
does not make his declarations less true.
iv. What does res gestae mean?
Res gestae literally means “things done”. It refers to
an event, an occurrence, a transaction, whether due to
the intentional or negligent acts of a person, or an
accident, or due to the action of nature. All these
events are set in a frame of surrounding circumstances
which serve to emphasize the event or to make it
standout and appear clear and strong.
v. What are included as parts of the res gestae?
Statements made by a person while a startling
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.
P a g e 36 | 47
 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.
vi. What is a spontaneous statement?
Statements or exclamations made immediately after
some exciting occasion by a participant or spectator
and asserting the circumstances of that occasion as it
is observed by him.
vii. What are the requisites for its admission?
1. That there is a startling event or occurrence
taking place;
2. A statement was made, while the event is
taking place or immediately prior to or
subsequent thereto;
3. The statement was made before the
declarant had time to contrive or devise a
falsehood; and
4. The statement relates to the circumstances
of the startling event or occurrence or that the
statements must concern the occurrence in
question and its immediately attending
circumstances.
viii. Why is this admissible?
Reason for admissibility
The reason for the rule is human experience. It has
been shown that under certain external circumstances
of physical or mental shock, the state of nervous
excitement which occurs in a spectator may produce a
spontaneous and sincere response to the actual
sensations and perceptions produced by the external
shock.
The spontaneity of the declaration is such that the
declaration itself may be regarded as the event
speaking through the declarant rather than the
declarant speaking for himself.
ix. What is a verbal act?
These are utterances or statements, which accompany
some act or conduct which explains or gives legal
significance to the act.
x. What are the requisites for its admission?
1. There must be an act:
a). which is equivocal or one susceptible to different
meanings such as : (i) the act of handing money to
another (ii) the act of chopping down a tree on a piece
of land (iii) the act of building a fence.
b). The act may be a continuing act or that which
takes place within a span of time such as the regular
deposit of money in the account of another for a year
c). There are however certain acts which the law
considers as self-explanatory (res ipsa loquitor) such
as criminal acts of lasciviousness, injuring or killing
another.
2. The oral statement must explain the act. Thus the
act of handing over money to another was
P a g e 37 | 47
 accompanied by the statements: “here is payment of
my debt”, “go buy yourself lunch”. The man
chopping a tree exclaimed; “This land is mine”,
indicating an assertion of ownership.
3. The act is relevant to the issue. Example: In a
prosecution for violation of the Anti Fencing Law,
where the accused was seen receiving the cellphone,
this statement of the giver is admissible: “Itago mo
yan at huwag na huwag mong ipakita kahit kanino”
4. The statement is contemporaneous with the act in
that it was made at the time and place of the act and
not afterwards.
xi. Why is this admissible?
The reason for the admissibility of verbal acts is that
the motive, character and object of an act are
frequently indicated by what was said by the person
engaged in the act.
xii. What is mean by “res inter alios acta alteri nocere non
debet”?
This principle literally means things done between
strangers ought not to injure those who are not parties
to it, or transactions between two persons ought not to
operate to the prejudice of third persons.
xiii. What is the res inter alios acta rule?
The rule has reference to extrajudicial declarations.
Hence, statements made in open court by a witness
implicating persons aside from him are admissible as
declarations from one who has personal knowledge of
the facts testified to. (Riano, 2016)
The testimony of the accused against his co-accused
in open court is considered as admissible testimony
and not subject of the res inter alios acta rule since
such testimony is subject to cross examination.
xiv. What are the two branches of the res inter alios rule?
Get all the terms for these branches.
Two branches of res inter alios acta rule
1. The rights of a party cannot be prejudiced by an
act, declaration, or omission of another (Sec. 28, Rule
130) (2003 Bar);and
2. Evidence that one did or did not do a certain thing
at one time is not admissible to prove that he did or
did not do the same or similar thing at another time.
(Sec. 34, Rule 130)
xv. What are the exceptions to the first branch? Give the
requisites for their admission?
a. Admission by co-partner or agent. (Sec. 29, Rule
130)
1. The declaration or act of the partner or agent
must have been made or done within the scope
of his authority
2. The celaration or act of the partner or agent
must have been made or adone during the
existence of the partnership or agency; and
P a g e 38 | 47
 3. The existence of the partnership or agency is
proven by evidence other than the declaration
or act of the partner or agent.
b. Admission by a co- conspirator (Sec. 30, Rule
130);
1. The declaration or act be made or done during
the existence of conspiracy;
2. The declaration or act must relate to the
conspiracy; and
3. The conspiracy must be shown by evidence
other than such declaration or act.
c. Admission by privies. (Sec. 31, Rule 130).
1. There must be an act, declaration, or omission
by predecessor-in-interest;
2. The act, declaration, or omission of the
predecessor must have occurred while he was
holding the title to the property; and
3. The act, declaration, or omission must be in
relation to the property
xvi. What is an adoptive admission?
Adoptive admission is an admission which occurs
when a person manifests his assent to the statements
of another person (Estrada vs. Desierto, 356 SCRA
108).
It states that a party may, by his words or conduct,
voluntarily adopt or ratify another’s statement. Where
it appears that a party clearly and unambiguously
assented to or adopted the statements of another,
evidence of those statements is admissible against
him.
xvii. What is the difference between adoptive admission
and silent admission
Adoptive admission is a party’s reaction to a
statement or action by another person when it is
reasonable to treat the party’s reaction as an
admission of something stated or implied by the other
person. A third person’s statement becomes the
admission of the party embracing or espousing it;
While, admission by silence, is when a party does or
says nothing when he hears or observes an act or
declaration made in his presence when such act or
declaration is such as naturally to call for action or
comment if not true, and when proper and possible for
him to do so.
xviii. Why are these admissible in evidence?
As to admission by silence, the statement contains
assertions against the party which, if untrue, would be
sufficient cause for the party to make a denial. His
failure to speak against the statement is admissible a s
an admission
As to adoptive admission, it may be received as
evidence if it can be sown that a party adopted the
statements as his own.
xix. What are the exceptions to the second branch?
There is no exception to the second branch of res inter
alios acta rule.
P a g e 39 | 47
 xx. For what purposes may a previous conduct be
admitted in evidence?
Evidence evidence of previous conduct is admissible
for any of the following purposes:
a. specific intent;
b. knowledge;
c. identity;
d. plan;
e. system;
f. scheme;
g. habit;
h. custom;
i. usage;
j. the like.
xxi. Why are these admissible in evidence?
The similar acts may be offered to show that they
share a distinctive features as the offense for which
the accused is currently charged with, but the
evidence cannot be offered to show that the accused is
likely to be guilty of the charge for having committed
the same or similar acts before his present indictment.
xxii. What is a declaration against interest?
The declaration made by a person deceased or unable
to testify, against the interest of the declarant if the
fact asserted in the declaration 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, may be
received it in evidence against himself or his
successors in interest and against third person.
xxiii. What are the requisites for its admissibility?
The following are the requisites for admissibility of a
declaration against interest:
a. The declaration is one made by a dying
person;
b. That the declaration was made by said dying
person under a consciousness of his imminent
death;
c. That the declaration refers to the cause and
circumstances surrounding the death of the
declarant and not of anyone else;
d. That the declaration is offered in a case where
the declarant’s death is the subject of the
inquiry;
e. The declarant is competent as a witness had he
survived;
f. The declarant should have died
xxiv. Why is this admissible?
Because this exception refers to a declaration made by
a person who, at the time of his declaration is
presented in evidence, is already dead or unable to
testify.
xxv. What is pedigree?
The history of the family members in a person’s
animal’s past especially when it is good or
impressive.
It covers all matters or information relating to a
person’s:
1. Descent: his paternity, or genealogy or
family tree. Example: who were the ancestors:
P a g e 40 | 47
 the circumstances of their birth, marriage,
death, who were legitimate and who were not;
2. The circumstances of a person’s own birth,
marriage, death, legitimacy.
3. Descendants or issues if he has any
including the circumstances of their birth,
marriage, death
4. Sibling, i.e. brothers or sisters, whether by
blood or b affinity, whether full or half blood,
legitimate or illegitimate or by informal
adoption, as well as circumstances of their
birth, marriage, death, families.
5. All facts concerning family history
intimately connected with pedigree e.g. the
story that a brother was lost and presumed dead
when in truth he was sent to an institution  due
to his abnormality)
xxvi. Give the requisites for the admissibility of a
declaration about pedigree.
In order for it to be admissible the following must be
present:
1. The declarant is dead or unable to testify;
2. The pedigree should be in issue;
3. The declarant must be a relative of the person
whose pedigree is in question;
4. The declaration must be made before the
controversy occurred; and
5. The relationship between the declarant and the
person whose pedigree is in question must be
shown by evidence other than such act or
declaration. (Tecson v. COMELEC, G.R. No.
161434, Mar. 3, 2004)
xxvii. Give the requisites for the admissibility of reputation
regarding pedigree.
In order for it to be admissible the following must be
present:
1. There is controversy in respect to the pedigree
of any member of the family;
2. The reputation or tradition of the pedigree of
the person concerned existed previous to the
controversy; and
3. The witness testifying to the reputation or
tradition regarding pedigree of the person
concerned must be a member of the family of
said person either by consanguinity or affinity.
xxviii. Give the requisites for the admissibility of tradition
regarding pedigree.
In order for it to be admissible the following must be
present:
1. There is controversy in respect to the pedigree
of any member of the family;
2. The reputation or tradition of the pedigree of
the person concerned existed previous to the
controversy; and
3. The witness testifying to the reputation or
tradition regarding pedigree of the person
concerned must be a member of the family of
said person either by consanguinity or affinity.
xxix. What is reputation?
The common opinion that people have about someone
or something; or is the aggregate of the moral
P a g e 41 | 47
 qualities which belong to and distinguish an
individual person, in other words the general results
of one’s distinguishing attributes.
xxx. How is reputation different from character?
Reputation is the opinion of one person against the
others qualities, whereas the character is the set of
qualities or personality.
xxxi. What is tradition?
Tradition refers to the knowledge or beliefs of a
certain family handed from one generation to another,
or to practices or customs which are consistently
observed or engaged in by said family. A member of
said family is the one testifying to these matters.
xxxii. What are the requisites for the admission of common
reputation?
Common reputation refers to the prevailing belief in
the community as to the existence of certain facts or
aggregates of facts arrived at from the people’s
observations, discussions, and consensus. There is
absent serious opposition, adverse or contrary
opinion. They are not just rumors or unverified
reports or say-so.
In order for it to be admissible the following must be
present:
1. The facts must be of public or general interest
and more than 30 years old;
2. The common reputation must have been
ancient, i.e. 30 years old;
3. The reputation must have been one formed
among a class of persons who were in a
position to have some sources of information
and to contribute intelligently to the formation
of the opinion; and
4. The common reputation must have been
existing previous to the controversy.
xxxiii. What are the requisites for the admission of entries in
official records?
Entries in official records made in the performance of
his duty by a public officer of the Philippines or by a
person in the performance of a duty specially enjoined
by law are prima facie evidence of the facts therein
stated.
Official records refer to official documents containing
data about persons, places, conditions or properties,
state of things or transactions, prepared or made by a
public officer, or by another especially enjoined by
law
In order for it to be admissible the following must be
present:
1. Entries were made by a public officer in the
performance of his duties or by a person in the
performance of a duty especially enjoined by
law;
2. Entrant had personal knowledge of the facts
stated by him or such facts were acquired by
him from reports made by persons under a
legal duty to submit the same; and
3. Such entries were duly entered in a regular
manner in the official records. (Ibid.)
P a g e 42 | 47
xxxiv. What are the requisites for the admission of
commercial lists?
Commercial lists refers to Evidence of statements of
matters of interest to persons engaged in an
occupation contained in a list, register, periodical, or
other published compilation is admissible as tending
to prove the truth of any relevant matter as stated if
that compilation is published for use by persons
engaged in that occupation and is generally used and
relied upon by them therein.
This refers to journals, list, magazines, and other
publications and similar written or published works
carefully researched an investigated and especially
prepared for sue in certain trades, industry or
profession, or even by the public, which rely on them.
In order for it to be admissible the following must be
present:
1. Statements of matters of interest to persons
engaged in an occupation;
2. Statements must be contained in a list,
register, periodical, or other published
compilation;
3. Compilation is published for use by persons
engaged in that occupation; and
4. Such is generally relied upon by them.
xxxv. Give five examples of evidence which are similar to
commercial lists.
1. Trade journals reporting current prices and other
market data;
2. Written or published works carefully researched
an investigated;
3. Mortality tables compiled for life insurance;
4. Business directories, animal pedigree registers,
and
5. Inventory of stocks and others.
xxxvi. What is a learned treatise?
These are published treatises, books, journals on a
subject of history, sciences, law and arts, which were
carefully researched or subjected to scrutiny and
investigation. The authors are scholars or experts on
the subject or it is a group of researchers.
xxxvii. When is a learned treatise not considered hearsay?
Learned treatise are not hearsay when the
trustworthiness in the authors have no motive to
misrepresent and awareness that the work will be
subjected to inspection, scrutiny and refutation, and
criticism; the works were carefully researched before
being published and were purposely geared towards
the truth.
Examples are textbooks in history such as Gibbons
The Rise and Fall of the Roman Empire, books on
Philippine History by Agoncillo and Constantino
2. Text and reference books/materials  in medicine
and its branches
3. Books, periodicals and writings in the exact
sciences such as algebra, mathematics, the logarithmic
tables, table on weight and measurements
4. Law books quoted as references by the Supreme
Court such as Evidence by Francisco ( but not
anymore Legal Medicine by Solis as it is obsolete)
P a g e 43 | 47
 5. Commentaries on law subjects by recognized legal
luminaries such as those by  Wigmore, Clark and
Jones on Evidence; Manresa, Sanchez Roman and
Scaevola on Civil Law
6. Reference Books and Books on Knowledge such as
dictionaries and thesaurus, encyclopedias, yearbooks
xxxviii. What are the requisites for the admission of a learned
treatise?
It is not considered hearsay when the requisites are
present, which are;
1. When the court can take judicial notice of
them; or
2. When an expert witness testifies that the
author of such is recognized as expert in that
profession.
xxxix. Give 5 instances, not covered by the given exceptions,
when hearsay evidence may be allowed.
SEC . 28. HEARSAY EXCEPTION IN CHILD
ABUSE CASES.— A statement made by a child
describing any act or attempted act of child abuse, not
otherwise admissible under the hearsay rule, may be
admitted in evidence in any criminal or non-criminal
proceeding subject to the following rules:
(a) Before such 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, upon
motion of the adverse party, require the child to be
present at the presentation of the hearsay statement for
cross-examination by the adverse party. When the
child is unavailable, the fact of such circumstance
must be proved by the proponent.
(b) In ruling on the admissibility of such hearsay
statement, the court shall consider the time, content
and circumstances thereof which provide sufficient
indicia of reliability. It shall consider the following
factors:
4. Opinion Rule
a. What is an opinion?
Opinion is a person’s thought, belief, or inference,
especially a witness’s view about facts in dispute,
as opposed to personal knowledge of the facts
themselves.
b. What is the difference between an opinion and a
conclusion?
A conclusion results from a thought process based
on logic combined with information.
An opinion is a substitute for conclusion.
c. What is the difference between an opinion and an
inference?
An Opinion expressed an evaluation based on a
personal judgment or belief which may not be
verifiable.
P a g e 44 | 47

Inference is a logical conclusion or a legitimate
implication based on factual information.
d. Why is an opinion generally not admissible?
Generally opinions are not admissible because:
A. The making of an opinion is the [proper
function of the court. The witness is supply the
facts and for the court to form an opinion based on
these facts.
5. Character Evidence
B. Opinions are not reliable because they are often
influenced by his own personal bias, ignorance,
disregard of truth, socio-cultural background, or
religion, and similar personal factors. Thus there
maybe as many diverse opinions as there are
witnesses.
C. The admission of opinions as evidence would
open the floodgate to the presentation of witnesses
testifying on their opinion and not on facts.
e. When is an opinion admissible?
Opinion is admissible when:
A. Opinion of expert witness under Sec. 49, and
opinion of ordinary witnesses under Sec. 50 (Sec.
48, Rule 130):
B. On a matter requiring special knowledge, skill,
experience or training which he possesses, that is,
when he is an expert thereon;
C. Regarding the identity or the handwriting of a
person, when he has knowledge of the person or
handwriting, whether he is an ordinary or expert
witness (Sec. 22, Rule 132);
D. On the mental sanity or a person, if the witness
is sufficiently acquainted with the former or if the
latter is an expert witness;
E. On the emotion, behavior, condition or
appearance of a person which he has observed; and
F. On ordinary matters known to all men of
common perception, such as the value of ordinary
household articles (Galian vs. State Assurance Co.,
29 Phil. 413).
a. What is character?
Character is the sum total of all the traits of a
person which distinguishes the person from others.
They include the physical, mental, emotional and
psychological attributes of a person. These maybe
genetically acquired, or inherited or in-born, such
as a person’s sex, height, physical appearance. Or
they may be acquired and developed such as
personality and behavioral characteristics due to
virtues or vices, such as being bad, immoral,
honest, lazy, anti-social or friendly.  
       
 Character is what a person truly is.
b. Why character evidence generally not admissible?
Character is highly irrelevant in determining a
controversy. If the issues were allowed to be
influenced by evidence of the character or
reputation of a party, the trial would have the
P a g e 45 | 47
 aspect of a popularity contest rather than a factual
inquiry into the merits of the case. After all the
business of the court is to try the case and not to try
the man for a very bad man may have a very good
case, in much the same manner that a very good
man may have a very bad case.
c. When is character evidence allowed?
Character evidence not generally admissible;
exceptions. –
In Criminal Cases:
(a) The accused may prove his good moral
character which is pertinent to the moral trait
involved in the offense charged.
(b) Unless in rebuttal, the prosecution may not
prove his bad moral character which is pertinent it
to the moral trait involved in the offense charged.
Note that in criminal cases, the prosecution goes
first. Hence, it can not present evidence on the bad
moral character of the accused on its evidence in
chief.
(c) The good or bad moral character of the
offended party may be proved if it tends to
establish in any reasonable degree the probability
or improbability of the offense charged.
In Civil Cases:
Evidence of the moral character of a party in a civil
case is admissible only when pertinent to the issue
of character involved in the case.
In the case provided for in Rule 132, Section 14
(Sec. 51, Rule 130).
d. What are rape shield laws?
Rape shield law, statute or court rule, introduced in
the late 20th century, which limits the ability of the
defendant’s counsel to introduce the accuser’s
sexual history as evidence during a rape trial and
therefore can prevent the accuser from being
discredited by information that is not relevant to
the defendant’s guilt or innocence
e. What is sexual abuse shield?
Sexual abuse shield is a rule where evidence is not
admissible in any criminal proceeding involving
alleged child sexual abuse where such evidence is
offered to prove that the alleged victim engaged in
other sexual behavior; and such 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. A party intending to offer such
evidence must:
(1) File a written motion at least fifteen (5) days
before trial, specifically describing the evidence
and stating the purpose for which it is offered,
unless the court, for good cause, requires a
different time for filing or permits filing during
trial; and
(2) Serve the motion on all parties and the guardian
ad litem at least three (3) days before the hearing
of the motion.
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Before admitting such evidence, the court must
conduct a hearing in chambers and afford the child,
his guardian ad litem, the parties, and their counsel
a right to attend and be heard. The motion and the
record of the hearing must be sealed and remain
under seal and protected by a protected order set
forth in section 31(b). The child shall not be
required to testify at the hearing in chambers
except with his consent (Sec. 30)

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