PART 1 AND 2 – C/O JOY (IN PHOTOS CHECK GC)

III. PROOF AND QUANTUM OF PROOF

A. When is proof necessary?    

 
Proof is necessary when a party makes an allegation. A party needs to prove its own
allegation.  It is the duty of a party to present evidence on the facts in issue necessary
to establish his claim by the amount of evidence required by law. Who desires a
favorable judgment must present evidence to support his claim, cause of action or
defense. A party however is not authorized to introduce evidence on matters which he
never alleged. Hence plaintiff will not be permitted to prove a cause of action which is
not stated in his complaint, and the defendant will not be permitted to prove a defense
which he never raised in his answer.

In criminal cases, the offense and the aggravating circumstances charged in an

Information remain just accusations until they are shown to be true by the presentation
of evidence. Defendant is not relieved from liability simply because the raises a
defenses. 

B. Proof is 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?

The following are matters subject to mandatory judicial notice:
a. existence and territorial extent of states;
b. political history, forms of government and symbols of nationality of states;
c. law of nations;
d. admiralty and maritime courts of the world and their seals;
e. political constitution and history of the Philippines;
f. official acts of the legislative, executive and judicial departments of the
Philippines;
g. laws of nature;
h. measure of time; and
i. geographical divisions

3. When is judicial notice discretionary?

a. Those which are of public knowledge
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 judgments?

Decisions of appellate courts must be taken notice of mandatorily by trial
courts. As to the records of cases pending or decided by other courts, these may not
be taken judicial notice of. As to Records of other cases pending before the same
court, courts ss a general rule are not authorized to take judicial notice of the contents
of records of other cases tried or pending in the same court, even when these cases
were heard or actually pending before the same judge. Exceptions:
(a) as when reference to such records is sufficiently made without objection from the
opposing parties reference is by name and number or in some other manner by which
it is sufficiently designated or
(b)  when the original record of the former case or any part of it, is actually withdrawn
from the archives by the court’s direction, at the request or with the consent of the
parties, and admitted as part of the records of the case then pending

5. May municipal ordinances be taken judicial notice of?

 Municipal Trial Courts should take judicial notice of municipal ordinances in
force in the municipality in which they sit.
Regional Trial Court should also take judicial notice of municipal ordinances in
force in the municipalities within their jurisdiction but only when so required by law.
RTC must take judicial notice also of municipal ordinances in cases on appeal to it
from the inferior court in which the latter took judicial notice of.
Court of Appeals may take judicial notice of municipal ordinances because
nothing in the rules prohibits it from taking cognizance of an ordinance which is
capable of unquestionable demonstration.

6. May judicial notice be taken of a foreign judgment?

As a general rule, Philippine Courts cannot take judicial notice of the
existence and provisions/contents of a foreign law, which matters must be alleged and
proven as a fact. If the existence and provisions/contents were not properly pleaded
and proven, the Principle of Processual Presumption applies i.e. the foreign law will be
presumed to be the same as Philippine Laws and it will be Philippine Laws which will
be applied to the case. Exceptions (when Court may take judicial notice of a foreign
law):
a. When there is no controversy among the parties as to the existence and provision of
the foreign law
b. When the foreign law has been previously ruled upon the court as to have acquired
actual knowledge of it. For example: Knowledge of the Texan law on succession based
on the Christiansen cases; notice of the existence of the Nevada  Divorce Law
c. The foreign law has been previously applied in the Philippines e.g. the Spanish
Codigo Penal
d. The foreign law is the source of the Philippine Law e.g. the California Law on
Insurance, the Spanish Civil Code
e. When the foreign law is a treaty in which the Philippines is a signatory it being part
of the Public International Law

A.2. Presumption juris et de jure

1. What is a presumption?
A presumption is an assumption of fact that the law requires to be made from
another fact or group of facts found or otherwise established in the action. It is an
inference as to the existence of a fact not actually known, arising from its usual
connection with another which is known, or a conjecture based on past experience as
to what course of human affairs ordinarily take.

2. What are the kinds of presumptions?

a. Praesumption Legis: these are presumptions which the law directs to be made by
the court
 Juris tantum- or prima facie, rebuttable or disputable presumption or those
which may be overcome or disproved
 Juris et de Jure: conclusive or those which the law does not allow to be
contradicted
 Statutory and Constitutional

b. 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. (Reference: Modesto Mabunga vs, People of the Phils G.R. No. 142039 May
27, 2004)

4. What is the difference between a presumption and a conclusion?

5. What is the difference between a presumption and an inference?

An inference is a factual conclusion that can rationally be drawn from other

facts. It need not have a legal effect because it is not mandated by law. The factfinder
 is free to accept or reject the inference. A presumption is a rule of law directing that if
a party proves certain facts, the factfinder must also accept an additional fact (the
presumed fact) as proven unless sufficient evidence is introduced to rebut the
presumed fact. It is an inference which is mandatory unless rebutted.

6. What are presumptions Juris et de jure? Give ten examples.

Presumptions Juris et de Jure are conclusive or those which the law does not  allow to
be contradicted. The instances are:
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.
Examples:
1. A man who represents himself to be the true owner in a sale will not be
permitted later to deny the sale after he acquire title thereto
2. Estoppel to deny validity of sale as when the wife, in collusion with the husband,
concealed her true status induce her parents to believe she is single and to
a property which in truth is conjugal. The husband cannot deny the validity of the
deed
3. The heirs who represented the minors in a suit for partition cannot impugn the
validity of the judgment for lack of proper authorization
4. Jurisdiction by estoppel
5. Agency/Partnership by estoppel

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.

7. What is the quantum of proof required to rebut a presumption?

-Clear and Convincing Evidence

A.3. Admissions

1. What is an admission?

Any statement of fact made by a party against his interest or unfavorable to the conclusion for
which he contends or is inconsistent with the facts alleged by him.

2. How may an admission be made?

Express Admissions – are those made in definite, certain and unequivocal

language

b.) Implied admission – are those which may be inferred from the acts,
declarations or omission of a party.

3. Is an implied admission admissible in evidence?

- It must involve matters of fact and not of law
- It must be categorical and definite
- It must be knowingly and voluntarily made
- It must be adverse to the admitter’s interests, otherwise it would be self-serving and
inadmissible.
4. What is a judicial admission?

It is an admission, verbal or written, made by a party in the course of the

proceedings in the same case which dispenses with the need for proof with
respect to the matter of fact admitted.

5. Give 5 examples of judicial admissions?

- Pre-trial admission in civil cases
- Material allegations in the complaint when the other party fails to specifically deny it.
 - The genuineness and due execution of an actionable document copied or attached to a
pleading, when the other party fails to specifically deny it.
- Implied admissions of guilt in an offer of compromises by the accused in criminal cases,
except quasi-offenses and those allowed by law to be compromised.
- Admission by silence.

6. What is the rule for the admissibility of an admission made during the pre-
trial?

In civil cases, pre trial admissions is admissible as a judicial admission binding on the party making
it.

Pre-trial admission in criminal cases is admissible as a judicial admission, provided it be reduced in

writing and signed by the accused and his counsel.

7. May an admission made by counsel in open court be taken against his

client?

They are generally admissible against the client as the counsel’s acts in
representation and as an agent of the client. Except such admission must not
amount to a compromise or confession of judgment (because it will require
the consent of the client)

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 shall be conclusive against him unless the court allows the pleader to withdraw, explain or modify
it 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?

Amended pleading supercede the original pleading and the admissions made in the original
pleading shall be treated as an extra-judicial admission which shall be alleged and proved.

c. His pleading which he later withdrew?

Admission made in pleadings that have been subsequently withdrawn are considered extra judicial
admissions and must be proved by a formal offer in evidence of the pleading.

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.

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?

It may be considered as an implied admission of guilt of an accused in criminal cases, except those
involving quasi-offenses or those allowed by law to be compromised.

10. What is an admission by silence?

An act or declaration made in the presence and within the hearing or observation of a party who
does or says nothing, when the action or comment if not true and when proper and possible for him
to do so, may be given in evidence against him.

11. What is an adoptive admission?

Is an admission made by a person by adopting through a positive conduct the statement of

abother.

12. How is an adoptive admission made?

An adoptive admission is made by positive conduct when

- Party expressly agrees to or concurs in an oral statement by another

- Party hears a statement and repeats it
- Party utters an acceptance or builds upon the assertion by another
- Replies by way of rebuttal to some specific points raised by another but ignores, further
points to which he or she has heard.

13. How is an adoptive admission different from an admission by silence?

Made upon by the failure of a party to say or do anything when an act or declaration naturally calls
for an action while an adoptive admission is made by a positive acts through words or conduct of a
party voluntarily or ratify another’s statement.

14. When may person be prejudiced by the admission of another?

In the following instances:

- Admission by a co-partner or agent

- Admission by a co-conspirator
- Admission by pricies

15. How may a judicial admission be contradicted?

Only by showing that

- It was made through a palpable mistake

- No such admission was made
- To prevent injustice

16. Who may contradict a judicial admission?

- By the party himself or admitter

- The counsel of the admitter
- The court

17. May the admission of one accused on the witness stand be taken against
his co-accused?

Is generally not admissible as evidence against his co-accused but if the declarant or admitter
repeats in court his admission and the other accused is accorded opportunity to cross-examine the
admitter the admission is admissible against both accused

18. What is an extrajudicial admission?

Are those made out of court or in a judicial proceeding other than the one under consideration. It
requires formal offer for it to be considered.

19. What are the requisites for the admission of an extrajudicial admission?
- It must be relevant to the fact in issue
 - It must be competent or not excluded by any law
- Must be formally offered

20. What are the requisites for the a (na cut)

21. May an admission in a counter-affidavit submitted during a preliminary

investigation be admitted in evidence?

An admission made in a counter-affidavit submitted during preliminary investigation may be

admitted in evidence.

22. Give the differences between an admission and a confession.

An admission is a statement of fact that does not involve acknowledgment of guilt or liability while a
Confession is a statement of fact that involves an acknowledgment of guilt or liability.

An admission may be made by a third persons and in certain cases, are admissible against a party
while a confession can be made by the party himself and in some cases admissible against his co-
accused.

An admission may be express or implied while a confession is always express.

A.4. Confessions

1. What is a confession?

A confession is a statement of fact that involves an acknowledgment of guilt or liability which may
be made by the party himself expressly and in some cases admissible against his co-accused.

2. What are the requisites for the admission of an extrajudicial confession? (NAULIT
NA QUESTION)
2) It must be relevant to the fact in issue
3) It must be competent or not excluded by any law
4) Must be formally offered

A. 5. Unrebutted presumptions juris tantum

1. What are presumptions juris tantum? Give twenty examples.

These are presumptions or prima facie, rebuttable or disputable  presumption or those which may
be overcome or disproved

A. What is “burden of proof”? Is it the same as “burden of evidence”?

Burden of proof is the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law. It is not the same as
burden of evidence. Burden of evidence is the duty of a party to go forward with the evidence
against him.

B. Who has the “burden of proof” in a case?

Generally the burden lies upon the prosecution to prove the guilt of the accused beyond
reasonable doubt rather than upon the accused that he was in fact innocent. If the accused,
however admits killing the victim but pleads self defense the burden of evidence is shifted to him to
prove such defense by clear and convincing evidence that excludes any vestige of criminal
aggression on his part. Hence of a party alleges the existence of a fact, that party has the burden
of proof whether that party be the plaintiff or the defendant.

C. What is “quantum of proof”?

Quantum of proof is the degree of proof required to disprove the prima facie case established by
the party having the burden of proof.

D. Define:
a. proof beyond reasonable doubt

Is the degree of proof that, after investigation of the whole record, produces moral certainty in an
unprejudiced minf of the accused’s culpability.

b. preponderance of evidence

It means probability of the truth, evidence which is more convincing to the court as worthy of belief
than that which is offered in opposition thereto.

c. substantial evidence

Refers to such relevant evidence which a reasonable mind might accept as adequate to support a
conclusion

d. clear and convincing evidence

Evidence is clear and convincing if it produces in the mind of the trier of fact a firm belief or
conviction as to allegations sought to be established. It is intermediate being more than
preponderance of evidence but not to the extent of such certainty as is required beyond reasonable
doubt.

E. Give two instances when the quantum of proof required is clear and convincing
evidence.
- When proving forgery.
- When proving ownership over land in an annulment or reconveyance of title.

F. What is the quantum of proof in administrative cases against lawyers?

- In administrative cases for disbarment or suspension against lawyers, the quantum of proof
required is clearly preponderant evidence and the burden of proof rests upon the
complainant.

G. What is the quantum of proof in preliminary investigations?

- Such evidence sufficient to engender a well founded belief as to the fact of the commission
of a crime and the respondent’s probable guilt thereof.

Reference: Sen. Jinggoy Ejercito Estrada vs. Office of the Ombudsman (G.R.
Nos. 212140 -41 January 21, 2015)

H. When may a civil action be decided not on the basis of preponderance of

evidence?
I. 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)
Reference: Prima facie case: Fe J. Bautista vs. Hon.
Malcolm Sarmiento (G.R. No. L-45137
dated September 23, 1985)

J. What is equipoise of evidence?

- It refers to as situation where evidence o the parties is evenly balanced or ther is doubt on
which side the evidence preponderates to. It is based on the principle that no one shall be
deprived of his life, liberty or property without due process of law.
IV. EVIDENCE AND ITS ADMISSIBILITY

1. What are the kinds of evidence according to:

A. Form

Testimonaial
Documentary
Physical

B. Relevancy
Direct Evidence proves a fact without the need to make an inference from another fact (Riano,
2016).

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)

C. Probative value

Positive Evidence exists when the witness affirms in the stand that a certain state of facts does not
exist or that a certain event happened.

Negative evidence exists when the witness states that an event did not occur or that the state of
facts alleged to exist does not actually exist. (Riano, 2016)

Greater probative value is given to evidence that is positive in nature than that which is accorded to
evidence that is negative in character

2. What is an electronic evidence?

According to Black’s law dictionary, evidence is “any species of proof, or probative matter,
legally presented at the trial of an 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.

3. What kind of evidence according to form is an electronic evidence?

It depends on the purpose of the electronic evidence, e.g.: If a tape recording is played to show
that particular words were uttered, it will constitute a documentary evidence. However, if it is played
to simply show that words were uttered in a particular accent, then it is an object evidence

4. What are the two maxims of admissibility of evidence?

A. RELEVANCY (None but facts having rational probative value are admissible). Per section 4,
“Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-
existence”.
B. COMPETENCY ( All facts having rational probative value are admissible unless some specific
law or rule forbids). In short the evidence is not excluded by law or rules.

5. What are the kinds of admissibility?

A. Multiple Admissibility: when a material is asked by a party to be admitted as evidence, the

party presenting must inform the court of the purpose which the material is intended to serve and
the court then admits the material as evidence. Multiple admissibility may mean either (i) the
evidence is admissible for several purposes or (ii) an evidence is not admissible for one purpose
but may be admitted for a different purpose if it satisfies all the requirements of the other purpose
B. Curative admissibility or “fighting fire with fire” or “Opening the Door” This applies to a situation
when improper evidence was allowed to be presented by one party, then the other party may be
allowed to introduce or present similar improper evidence but only to cure or to counter the
prejudicial effect of the opponent’s inadmissible evidence.
C. Conditional Admissibility: An evidence is allowed to be presented for the time being or
temporarily, subject to the condition that its relevancy or connection to other facts will later be
proven, or that the party later submit evidence that it meets certain requirements of the law or rules.
If the conditions are not later met, the evidence will be stricken from the record.

6. When is evidence considered relevant?

a). rational or logical relevancy in that it has a connection to the issue and therefore it has a
tendency to establish the fact which it is offered to prove. The evidence must therefore have
probative value   
b). legal relevancy in that the evidence is offered to prove a matter which has been properly put in
issue as determined by the pleadings in civil cases, or as fixed by the pre-trial order, or as
determined by substantive law.

7. What is the test of relevancy of evidence?

Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence;
and
(b) the fact is of consequence in determining the action.

8. When is evidence considered competent?

Competency is determined by the prevailing exclusionary rules of evidence.
competency is determined by law.

9. What are rules of exclusion in general?

Exclusionary Rules- those that exclude certain kinds of evidence on the grounds of policy and
relevancy. Example: the rule that character evidence is not admissible in civil cases; the rule
disqualifying certain persons from being witnesses.

10. What is the Exclusionary Rule?

Exclusionary Rules- those that exclude certain kinds of evidence on the grounds of policy and
relevancy. Example: the rule that character evidence is not admissible in civil cases; the rule
disqualifying certain persons from being witnesses.

11. Give 5 rules of exclusion provided in substantive laws.

the rule that character evidence is not admissible in civil cases;
the rule disqualifying certain persons from being witnesses.
Personal opinion as to the moral character of the accused and the specific conduct of the part
exhibiting

12. Give 5 rules of exclusion found in procedural laws aside from the Rules of Court.
evidence obtained in violation of the Constitutional prohibition against unreasonable searches and
seizures
The effect of an illegal search and seizure is the exclusion of the evidence obtained from being
used against the person whose rights were violated by the search.
13. Enumerate (only) the rules of exclusion found in the Rules of Court.

V. PRESENTATION OF EVIDENCE

A. What are the requisites so that a piece of evidence will be considered by the courts?

B. What is Offer of Evidence?

A formal offer of evidence conveys to the judge the purpose/s for which an
evidence is being presented and allows the court to pass judgment on its
admissibility should the adverse party object to the evidence after examining
it.

C. When may a court consider evidence which was not formally offered?
In the interest of substantial justice, the Supreme Court has, on occasion,
allowed the admission of evidence not formally offered, provided that two
essential conditions must concur:

(1) The evidence must have been duly identified by testimony duly recorded;
and
(2) It must have been incorporated in the records of the case.

D. What are the reasons why evidence must be offered?

Reasons for stating purposes of offer of evidence:

1. For the court to determine whether that piece of evidence should be

admitted or not;
2. Evidence submitted for one purpose may not be considered for any other
purpose (People v. Diano, [CA], 66 O.G. 6405); and
3. For the adverse party to interpose the proper objection.

E. Why must the purpose of the presentation of the evidence be included in the offer?
Purposes of offer of evidence:

1. To notify the party of possible objection, and for the offeror to make
necessary correction at the trial level to meet the objection;
2. To allow the trial judge to rule properly;
3. To lay basis for appeal so that the appellate court can decide intelligently
(Regalado, 2008).

F. May an evidence be considered by the court for purposes not indicated in the offer?
(di sa pang-iinsulto pero para magkaintindihan tayo : a document is offered to
prove points 1 and 2. May it be considered by the Court to prove point 3?)

G. What is an objection?
An objection is a formal protest raised in court during a trial to disallow a witness's
testimony or other evidence in violation of the rules of evidence or other procedural
law.

H. When should an objection be made in the case of:

1. testimonial evidence (2 instances dapat )
1. When the offer was made;
2. When an objectionable question is asked of the witness.

2. documentary evidence
When the document is offered in evidence.

3. object evidence
When the document is offered in evidence.
I. What is the effect if an objection is not timely made?
Objections to the admission of evidence must be made seasonably, at the time
it is introduced or offered, otherwise they are deemed waived, and will not be
entertained for the first time on appeal. (People v. Bañares, G.R. No. 68298,
November 25, 1986)

J. What is the reason why an objection must be made to questions pertaining to

documents which are inadmissible even before the documents are offered?

K. What are the kinds of objection according to:

1. scope

2. nature

L. Give 10 examples of formal objections.

M. What is a leading question?

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?

No

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?

U. What is the difference between “laying the foundation” and “laying the predicate”?

V. When is a continuing objection proper?

W. Give 10 examples of substantive objections.

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?

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 person offering it (?).

PART 6 AND 7 TO BE FOLLOWED

VI. OBJECT EVIDENCE

A. What is an object evidence?

B. What is a demonstrative evidence?
C. Differentiate object evidence from demonstrative evidence.
D. What are the types of demonstrative evidence?
E. Give five examples of demonstrative evidence.
F. Why is object evidence also called real evidence?
G. Why is it also known as autoptic evidence?
H. What is autoptic proference?
I. What are the requisites so that an object evidence may be admitted in evidence?
J. How must authentication be done for:
1. real evidence in general
2. photograph
3. video footage taken by a person
4. CCTV footage
5. messages sent through text messaging/ email/messenger

K. What are the categories of object evidence?

L. What is the doctrine of Chain of Custody?
M. When may a documentary evidence be presented as an object evidence?
N. Give five limitations to the presentation of object evidence.
O. What is the Fruit of the Poisonous Tree doctrine?
P. For what evidentiary purpose may blood grouping tests be conclusive?
 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?

2.Give 5 instances when DNA evidence may be used.

3.What are the factors to be considered in determining the

probative value of DNA evidence?

4.What are the factors affecting the reliability of DNA

evidence?

5.What are the requisites for the admissibility of DNA

evidence?

6.What is the purpose of Post-conviction DNA testing?

VII. DOCUMENTARY EVIDENCE

Part VII.

1. What is a document?

Documents are writings or any material containing letters, words, symbols, numbers, figures, or
other modes of written expressions offered as proof of their contents. They are either paper based
or other solid surfaced based documents.

2. What is a documentary evidence?

1. Documents as evidence consist of w ritings or any m aterial containing letters, words,

numbers, figures, symbols or other modes of written expressions offered as proof of their contents,

2. Documentary evidence is evidence supplied by written instruments or derived from

conventional symbols, such as letters, by which ideas are represented on material substances.

3. What is an original document?

1. The original of the document is one the contents of which are the subject of inquiry.

2. When a document is in two or more copies executed at or about the same time, with
identical contents, all such copies are equally regarded as originals.

3. When an entry is repeated in the regular course of business, one being copied from
another at or near the time of the transaction, all the entries are likewise equally regarded as
originals.

4. What is the Best Evidence Rule?

When the subject of inquiry is the contents of a document, no evidence shall be admissible
other than the original document itself. It is thus a rule of preference in that it excludes secondary
evidence once the original is available.

5. What are the requisites for the application of the BER?

Requisites:(not so sure about this kc wala aq makita source)

1. The subject of inquiry is the contents of the document or the cause of action or defense
is based on what are contained in the document.

2. The terms and conditions, the entries, data or information written on the document.
 3. The plaintiff is either enforcing a right based on, or created, by a document or a party is
seeking non-liability by virtue of the contents of a document.

6. What is a secondary evidence?

Secondary evidence refers to any evidence to prove the contents of a document other than the
original of the said writing. It maybe oral or written.

7. What are the requisites for the introduction of secondary documentary evidence? It may be
admitted only by laying the basis for its production and such requires compliance with the following:

1. The offeror must prove the due execution and existence of the srcinal document;

2. The offeror must show the cause of its unavailability; and

3. The offeror must show that the unavailability was not due to his bad faith.

8. What is parol evidence?

It is any evidence aliunde (extrinsic evidence) 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?

When the terms of an agreement had been reduced into writing, it is considered as containing all
the terms and conditions agreed upon and there can be between the parties and their successors
in interest, no evidence of such terms other than the contents of the written agreement.

10. What are the requisites for the application of the parol evidence rule?

1. That there be a valid written contract or a written document which is contractual in nature in that
it involves the disposition of properties, creation or rights and imposition of obligations.

2. That there is a dispute as to the terms of the agreement

3. That the dispute is between the parties to the contract or their successors or that the rule is
invoked by one who is given a right or imposed an obligation by the contract.

11. What are the exceptions to the parol evidence rule?

A party may present evidence to modify, explain or add to the terms of written agreement if he puts
in issue in his pleading:

1. An intrinsic ambiguity, mistake or imperfection in the written agreement;

2. The failure of the written agreement to express the true intent and agreement of the parties
thereto;

3. The validity of the written agreement; or

4. The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.

12. What is intrinsic ambiguity in a document?

Intrinsic ambiguity is present when the instrument/document itself is clear and certain on its
face but the ambiguity arises from some extrinsic, collateral or outside factor, thus there is an
uncertainty as to how the terms are to be enforced.

13. Differentiate Parol Evidence Rule from Best Evidence Rule.

 1. As to what is prohibited: the BER prohibits the introduction of inferior evidence when the
best evidence is available whereas the PER prohibits the introduction of oral testimony to vary the
terms of a written agreement.

2. As to scope: the BER applies to all kinds of written documents while the PER is limited
to contracts and wills

3. As to the substance of the evidence: the BER goes to the form of the evidence while the
PER goes to the very substance of the evidence

4. As to who may invoke: the BER may be invoked by any party to a case while the PER
may be invoked only by a party to the written agreement and his successor in interest, or by one
given right or imposed an obligation by a written agreement.

5. PER, presupposes that the original document is available in court, while BER
presupposes that the document is not available or there is a dispute as to whether said writing is
original.

6. BER applies to all kinds of writings, while PER applies only to documents which are
contractual in nature except wills.

14. What is authentication of a documentary evidence?

Authentication of a documentary evidence is the proving of the due execution and genuineness of
a document.

15. What documentary evidence requires no authentication?

1. The writing is an ancient document (Sec. 21);

2. GR: GR: The writing is a public document or record (Sec. 19); exception: a private document
required by law to be recorded – while they are public documents, the public writing is not the
writing itself but the public record thereof. Such recording does not make the private writing itself a
public document so as to make it admissible without authentication.

3. The writing is a notarial document acknowledged, proved or certified (Sec. 30);

4. The authenticity and due execution of the document has been expressly admitted or impliedly
admitted by failure to deny the same under oath; or

5. When such genuineness and due execution are immaterial to the issue.

16. What are the kinds of documents according to the manner of authentication?

1. Writings or Paper Based Documents

2. “Or Any other material” refers to any other solid surface but not paper such as
blackboard, walls, shirts, tables, floor.

3. Electronic Evidence pursuant to the Rules of Electronic Evidence.

4. 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?

1. As to the need for authentication: public documents are admissible without further proof
of their due execution whereas private documents must be authenticated.
 2. As to the persons bound: public documents are evidence even as against third persons
as to the fact which gave rise to their execution whereas private documents bind only the parties
thereto and their privies.

3. As to the validity of certain transactions: certain transactions are required by law to be

public documents in order to be valid and/or enforceable. E.g.: the law on donations of real
properties, Statute of Frauds

18. What are the different kinds of public documents? Give one example for each. The following
are public domestic documents:

1. Written Official acts of sovereign authority, official bodies, tribunals and public officers: such as
decisions or courts or quasi-judicial bodies, legislative enactments, executive ordersRecord of the
official acts of said bodies or officers: example: the marriage contract embodies the act of
solemnizing a marriageAcknowledged documents such as contracts and conveyances

2. Public record kept in the Philippines of private writings or required by law to be kept therein.
Example of the first would be documents affecting registered lands which are submitted to the
Register of Deeds, Assessors Office

19. What will you present if you want to prove an official record?

1. If it is within the Philippines:

a. an official publication thereof; or

b. by a copy attested by the officer having the legal custody of the record, or by his deputy.

2. If it is kept in a foreign country:

a. an official publication thereof; o

b. 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 (Sec. 24, Rule 132 20. When is a
document or record required to be attested? (not sure sa answer, constructed lang) In order to
prove a public document presented as a certified true copy 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 srcinal, 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.

1. How do you prove the non-existence of an official record?

2. What kind of public documents are judicial records?
3. How do you impeach documentary evidence in general?
4. How do you impeach judicial records?
5. What are notarial documents?
6. Is an affidavit a notarial document?
7. Is an affidavit a public document?
8. How do you prove notarial documents?
9. When may an altered document be admissible?
10. Differentiate these kinds of public documents as to what they may prove.
(ref: RP vs. Fe Roa Gimenez G.R. No. 174673 dated January 11, 2016)
\
11. How may a private writing be authenticated?
12. How is the genuineness of a handwriting proven?
13. Give ten rules as regards the interpretation of documents.

14. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

a. What are governed by the Rules on Electronic Evidence?

b. Is it applicable to criminal cases?

c. What is electronic evidence?

d. What is an electronic document?

e. What is an electronic signature?

f. What are the presumptions regarding an electronic signature?

g. How is an electronic signature different from a digital signature?

h. How does an electronic signature work?

i. How is an electronic evidence authenticated?

j. What is an ephemeral evidence?

k. To be continued promise 