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EVIDENCE

EVIDENCE
The means sanctioned by the law (Rules of
Court) of ascertaining in a judicial
proceedings the truth respecting a matter
of fact.

COLLATERAL MATTERS
• Facts other than the facts in issue.
• Not allowed or admissible
• Except when it tends to establish the
probability or improbability of the facts in
issue.

SCOPE OF THE RULES ON
EVIDENCE
The rules of evidence shall be the same
in all courts and in all trials and
hearings, except as otherwise provided
by law or these rules.

WHEN IS EVIDENCE
ADMISSIBLE?
• Evidence is admissible when:
• it is RELEVANT to the issue and
• is NOT EXCLUDED BY THE LAW OR
THE RULES OF COURT

BOARD: When is evidence relevant?
a. When not excluded by the law
b. When it has a direct bearing and actual
connection to the facts in issue

BOARD: Evidence is admissible when it is
relevant to the issue and not excluded by
the law or the rules of court. This
statement refers to:
a. Admissibility of evidence
b. Relevancy of evidence
c. Competency of evidence

BOARD: Which says that evidence
obtained thru force, torture or threat
during investigations are not admissible?
a. RPC
b. Constitution (Article III Section 12, Bill of
Rights).

WHAT IS JUDICIAL NOTICE
• the cognizance of certain facts which
judges may properly take act on without
proof because they already know them.

BOARD: The acceptance by the court of
something as a fact without need of
evidence.
a. Judicial admission
b. Judicial notice

MANDATORY JUDICIAL NOTICE
• A court shall take judicial notice, without the introduction of
evidence, of:
• the existence and territorial extent of states,
• their political history,
• forms of government and symbols of nationality,
• the law of nations,
• the admiralty and maritime courts of the world and their seals,
• the political constitution and history of the Philippines,
• the official acts of legislative, executive and judicial
departments of the Philippines, the laws of nature,
• the measure of time, and
• the geographical divisions.

DISCRETIONARY JUDICIAL
NOTICE
A court may take judicial notice of
matters which are:
• of public knowledge, or
• are capable to unquestionable
demonstration, or
• ought to be known to judges because
of their judicial functions

JUDICIAL ADMISSIONS DEFINED
• Admissions made in court

BOARD: The admission of a party in the
course of trial
a. Judicial admission
b. Judicial notice

OBJECT EVIDENCE DEFINED
 Object evidence (real evidence/autoptic
evidence) is tangible thing submitted to the
court for inspection, exhibition or
demonstration.

DOCUMENTARY EVIDENCE
DEFINED
• Documents as evidence consist of
writing or any material containing
letters, words, numbers, figures,
symbols or other modes of written
expression offered as proof of their
contents.

BOARD: A form of evidence represented by
symbols such as letters, numbers, and
by which ideas are represented on
material substances.
a. Documentary evidence
b. Real evidence

BEST EVIDENCE RULE DEFINED
(Original Document Rule)
• When the subject of inquiry is the
contents of a document, no evidence
shall be admissible other than the
original document itself.

BOARD: What rule is observed when, as a
general rule, there can be no evidence of
a writing, the contents of which is the
subject of inquiry, other than the original?
a. Best evidence rule
b. Parole evidence rule

NOTE
In a prosecution for libel published in a
newspaper, a copy of said newspaper is
the best evidence to establish the crime,
not what the reader says.

NOTES
In a case of falsification of document, the
document alleged to have falsified is the
best evidence.

• To prove the fact of death, the best
evidence is the death certificate.
• To prove marriage, the marriage contract.
• To prove ones age, birth certificate.
• To prove ownership of a piece of land,
land title
• To prove ownership of a motor vehicle,
certificate of registration in ones name.

EXCEPTIONS TO THE BEST
EVIDENCE RULE
• (a)When the original has been lost or destroyed, or
cannot be produced in court, without bad faith on
the part of the offeror;
• (b)When the original is in the custody or under the
control of the party against whom the evidence is
offered, and the latter fails to produce it after
reasonable notice;
• (c)When the original consists of numerous accounts
or other documents which cannot be examined in
court without great loss of time and the fact sought
to be established from them is only the general
result of the whole; and
• (d)When the original is a public record in the custody
of a public officer or is recorded in a public office

WHAT IS AN ORIGINAL
DOCUMENT?
(a)The original of the document is one the
contents of which are the subject of inquiry
(b)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.
(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,
all the entries are likewise equally regarded
as originals.

NOTES
A signed carbon copy or duplicate of a
document executed at the same time as
the original is known as “duplicate original”
and may be presented in evidence and
admissible even without accounting for or
explaining the non production of the
original.

BOARD: Individually signed carbon copies
of a document are considered:
a. Secondary evidence
b. Duplicate originals

DOCUMENT DEFINED
• a deed, instrument or other duly
authorized paper by which something is
proved, evidenced or set forth.

DEFINE PAROLE EVIDENCE
RULE
• When the terms of an agreement have
been reduced to writing, it is
considered as containing all the terms
agreed upon and there can be, between
the parties and their successors in
interest, no evidence of such terms
other than the contents of the written
agreement.

BOARD: This rule forbids the addition, or
contradiction of a written instrument by
testimony showing that other or different
terms were orally agreed upon by the
parties other than what is written in a
written instrument.
a. Best evidence rule
b. Parole evidence rule.

WHAT ARE THE EXCEPTIONS TO
THE PAROLE 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.
The term "agreement" includes wills.

DISTINGUISH BEST EVIDENCE RULE
FROM PAROLE EVIDENCE RULE
The parole evidence rule precludes or
prohibits varying the terms of the written
agreement, while the best evidence rule
prohibits the introduction of inferior
evidence where a better evidence is
available.

WITNESS DEFINED
• a person who makes a statement to a
judicial tribunal on a question of fact.

WHAT ARE THE QUALIFICATIONS
OF A WITNESS?
all persons who can
perceive, and perceiving,
can make their known
perception to others, may be
witnesses.

COPETENCY OF A WITNESS
Is the legal fitness or ability of a witness to
be heard in the trial of a cause/case.

BOARD: It is the legal fitness of a certain
witness to testify on a trial.
a. Relevancy of a witness.
b. Competency of a witness.

BOARD: What is the minimum number of
witness against the accused in a criminal
case so that the accused may be
convicted?
a. 1
b. 2
c. At least 3
d. None of the above

BOARD: Minimum number of witness in
treason so that the accused may be
convicted.
a. 1
b. 2
c. 3
d. None of the above

THINGS THAT DOES NOT
DISQUALIFY A WITNESS
Religious or political belief, interest in
the outcome of the case, or conviction
of a crime unless otherwise provided
by law, shall not be ground for
disqualification.

IN GENERAL STATE THE
DISQUALIFICATIONS OF WITNESSES
1. Disqualification by reason of mental incapacity or
immaturity;
2. Disqualification by reason of marriage;
3. Disqualification by reason of death or insanity of adverse
party;
4. Disqualification by reason of privileged communication
between:
– husband and wife;
– attorney and client;
– physician and patient;
– priest and penitent;
– public office (privilege of state secrets)

DISQUALIFICATION BY MENTAL
INCAPACITY OR IMMATURITY
(a)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;
(b)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.

BOARD: A child may be considered
competent witness if he has:
a. Capacity of observation
b. Capacity of communication
c. Capacity of recollection
d. All of the above

BOARD: Children are qualified as witness when:
a. They know or understand the nature of an
oath.
b. They have sufficient knowledge to receive just
impression of facts which they are testifying
c. They are able to relate these facts truthfully to
the court
d. All of the above

DISQUALIFICATION BY REASON
OF MARRIAGE
• 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.

DISQUALIFICATION BY REASON
OF MARRIGE
Also known as the “Marital Disqualification
Rule”.

REQUISITES OF DQ BT REASON
OF MARRIAGE
1. The spouses involved must be legally
married; and
2. Either of the spouse is a party to the
case.

SURVIVORSHIP DISQUALIFICATION
RULE (DEAD MAN STATUTE)
Parties or assignor 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.

The following persons cannot testify as
to matters learned in confidence:
1.
The husband or the wife, during or after the
marriage, cannot be examined without the
consent of the other as to any
communication received in confidence by
one from the other during the marriage
except in a civil case by one against the
other, or in a criminal case for a crime
committed by one against the other or the
latter's direct descendants or ascendants;
(Marital Communication Rule/Spousal
Immunity Rule/Husband and Wife Privilege)

2
An attorney cannot, without the consent of
his client, be examined as to any
communication made by the client to him, or
his advice given thereon in the course of, or
with a view to, professional employment, nor
can an attorney's secretary, stenographer, or
clerk be examined, without the consent of
the client and his employer, concerning any
fact the knowledge of which has been
acquired in such capacity;

3.
A person authorized to practice medicine,
surgery or obstetrics cannot in a civil case,
without the consent of the patient, be
examined as to any advice or treatment given
by him or any information which he may
have acquired in attending such patient in a
professional capacity, which information was
necessary to enable him to act in capacity,
and which would blacken the reputation of
the patient;

4.
A minister or priest cannot, without the
consent of the person making the
confession, be examined as to any
confession made to or any advice given by
him in his professional character in the
course of discipline enjoined by the church
to which the minister or priest belongs;

5.
A public officer cannot be examined
during his term of office or afterwards,
as to communications made to him in
official confidence, when the court
finds that the public interest would
suffer by the disclosure.

WHAT IS PRIVILEGED
COMMUNICATION?
communications received in confidence by a
person from another by reason of trust or
intimate relationship may not be revealed
to the court.

BOARD: These are matters learned and
confidence and as a result of which they
cannot be revealed to another especially
to the courts.
a. Open secret
b. Privileged communictaions

REQUISITES OF MARITAL OR
SPOUSAL IMMUNITY RULE
• There must be a valid marriage;
• That marriage must be existing at the time
of the offer of the testimony;
• The spouse is a party to the transaction

REQUISITES OF MARITAL
PRIVILEGE
• There was a valid marital relation;
• The privilege is invoked with respect to
confidential communication between the
spouses during the marriage;
• The spouse against whose the testimony
is offered has not given his consent.

REQUISITES OF PHYSICIAN
PATIENT PRIVILEGE
COMMUNICATIONS
• the privilege is claimed in a civil case
• the person against whom it is claimed is duly authorized
to practice medicine
• the physician acquired the information while he was
attending to the patient in his professional capacity
• the information was necessary for him to act in that
capacity
• the information must be confidential, that is if disclosed
would blacken the reputation of the patient.

REQUISITES OF ATTY-CLIENT
PRIVILEGE
1. Existence of attorney client relationship;
2. The communication is mad in the course
of professional employment;
3. The client did not give his consent to the
lawyer’s testimony; or both the client and
lawyer did not consent to the testimony
of the secretary or clerk of the lawyer.

REQUISITES OF PRIEST AND
PENITENT PRIVILEGE
a. the confession must be made pursuant to
a religious duty enjoined in the course of
discipline of the sect or denomination to
which they belong.
The confession must be confidential and
penitential in character

REQUISTES OF STATE
SECRETS
a. The communication was made to the
public officer;
b. Public interest would suffer by the
disclosure of such communications

WHAT IS PARENTAL AND FILIAL
PRIVILEGE?
No person may be compelled to testify
against his parents, other direct
ascendants, children or other direct
descendants.

• PARENTAL PRIVILEGE- parents cannot
be compelled to testify against his
descendants;
• FILIAL PRIVILEGE means, witness
cannot be compelled to testify against his
parents or other direct ascendants

ADMISSIONS, DEFINED
any statement of a fact by a party against
his interest or unfavorable to the
conclusion for which he contends or is
inconsistent with the facts alleged by him.
It is a statement of fact which does not
involve an acknowledgment of guilt or
liability (this is the more popular definition)

CONFESSIONS, DEFINED
The declaration of an accused expressly
acknowledging his guilt of the offense charged.
A categorical acknowledgment of guilt made by
the accused in a criminal case without any
exculpatory statement or explanation.

ENOTES
• Admissions are the acknowledgement by
a party as to the existence of a particular
fact, made judicially or extrajudicially,
against his interest or in his favor.
• Confession is the direct acknowledgment
by a person as to the fact of his guilt in the
commission of a crime.

2 KINDS OF CONFESSIONS
1. Judicial Confession – made in the court
where the case is pending.
2. Extrajudicial Confession – made in any
other place except in the court and
cannot sustain or result into a conviction
unless corroborated by evidence of
corpus delicti.

WHAT IS THE RULE ON
ADMISSIONS OF A PARTY?
The act, declaration or omission of a
party as to a relevant fact may be given
in evidence against him.

WHAT ARE THE TYPES OF
ADMISSSIONS?
• Admission by a party
• Admission by co partner or agent
• Admission by co conspirator
• Admission by privies
• Admission by silence

COMPROMISE, DEFINED
A contract whereby parties by making reciprocal
concessions, avoid a litigation or put an end to
one already commenced.
An agreement made between two or more
parties as a settlement of matters in dispute.

BOARD: What do you that agreement
between two or more contending parties
which settles a matter in a judicial
dispute?
a. Compromise
b. Admission

WHAT IS THE EFFECT OF
COMPROMISE IN CIVIL CASES?

In civil cases, an offer of compromise is
not an admission of any liability, and is
not admissible in evidence against the
offeror.

WHAT IS THE EFFECT OF
COMPROMISE IN CRIMINAL CASES?

In criminal cases, except those involving
quasi-offenses (criminal negligence) or
those allowed by law to be
compromised, an offer of compromised
by the accused may be received in
evidence as an implied admission of
guilt.

OFFER TO MARRY IN RAPE
CASES
An offer to marry the rape victim made by
the accused is an admission of guilt.

• A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to
lesser offense, is not admissible in
evidence against the accused who
made the plea or offer.

An offer to pay or the payment of
medical, hospital or other expenses
occasioned by an injury is not
admissible in evidence as proof of civil
or criminal liability for the injury.

BOARD: The parents of a minor who has
committed a crime may be held civilly
liable. This is the doctrine of:
a. Imputed negligence
b. Subsidiary liability
c. Vicarious liability
d. All of the above

WHAT IS THE EFFECT OF ADMISSIONS
BY A 3RD PARTY UPON THE RIGHTS OF
ANOTHER?
The rights of a party cannot be
prejudiced by an act, declaration, or
omission of another, except as
hereinafter provided.

RES INTER ALIOS ACTA ALTERI
NOCERE NON DEBET rule
means “things done between strangers
should not injure those who are not parties
to them.”

WHAT ARE THE EXCEPTIONS TO
THE RES INTER ALIOS ACTA RULE?
1. ADMISSION BY PARTNER/AGENT
2. ADMISSION BY CO CONSPIRATORS
3. ADMISSIONS BY PRIVIES
4. ADMISSIONS BY SILENCE

State the rule on ADMISSIONS BY
PARTNER OR AGENT.
The act or declaration of a partner or agent of
the party within the scope of his authority
and during the existence of the partnership
or agency, may be given in evidence against
such party after the partnership or agency is
shown by evidence other than such act or
declaration. The same rule applies to the act
or declaration of a joint owner, joint debtor,
or other person jointly interested with the
party.

State the rule on ADMISSION BY
CO CONSPIRATOR.
The act or declaration of a conspirator
relating to the conspiracy and during
its existence, may be given in evidence
against the co-conspirator after the
conspiracy is shown by evidence other
than such act of declaration.

State the rule on ADMISSIONS BY
PRIVIES.
Where one derives title to property from
another, the act, declaration, or
omission of the latter, while holding the
title, in relation to the property, is
evidence against the former.

StaTe the rule on 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 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, may be
given in evidence against him
ADOPTIVE OMISSIONS

What is CONFESSION?
The declaration of an accused
acknowledging his guilt of the offense
charged, or of any offense necessarily
included therein, may be given in
evidence against him

What is EXTRAJUDICIAL
CONFESSION?
one made outside the court and cannot
sustain a conviction unless corroborated
by evidence of corpus delicti.

What is CORPUS DELICTI?
• it may refer to:
– The body of the crime or;
– The actual commission of the crime charged;
or
– The fact that a crime has been actually
committed.

REQUISITES OF VALID
CONFESSIONS
• Confession must be express and
categorical;
• Confession must be intelligent;
• Confession must be voluntarily given;
• There must be no violation of article III
Sec. 12 of the Constitution.

What are INTERLOCKING
CONFESSIONS?
is a confession in a criminal case so corroborative
of each other as to impose faith that they must
have a basis in fact. Where extrajudicial
confession have been made by several persons
charged with conspiracy and there could have
been no collusion with reference to several
confessions, the fact that the statements are in
all material respects identical is confirmatory of
the testimony of the accomplice.

INTERLOCKING CONFESSIONS,
DEFINED
• The interlocking confession rule states that-
where several extrajudicial statements had been
made by several accused charged with an
offense and there could have been no collusion
with reference to said confessions, the facts that
the statements are in all material respects
identical, is confirmatory of the confession of the
co defendants and is admissible against other
persons implicated therein.

State the rule on
PREVIOUS/SIMILAR CONDUCT
AS EVIDENCE.
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; but it may be received
to prove a specific intent or knowledge;
identity, plan, system, scheme, habit, custom
or usage, and the like. (Res inter alios act alteri
noceri non debet-Part II)

What is the effect of unaccepted
offer?
An offer in writing to pay a particular
sum of money or to deliver a written
instrument or specific personal
property is, if rejected without valid
cause, equivalent to the actual
production and tender of the money,
instrument, or property

State the TESTIMONIAL
KNOWLEDGE RULE.
A witness can testify only to those facts
which he knows of his personal
knowledge; that is, which are derived
from his own perception, except as
otherwise provided in these rules.

What is HEARSAY EVIDENCE?
It is evidence not of what the witness
knows himself by personal knowledge but
of what he has heard from others. Hearsay
evidence as a general rule is not allowed.
It is also known as SECOND HAND
EVIDENCE.

BOARD: Oral or documentary evidence the
probative value of which is not based on
the personal knowledge of the witness
testifying thereon but from the personal
knowledge of another who is absent from
the witness stand.
a. Hearsay evidence
b. Probable cause

What is DOUBLE HEARSAY?
The testimony of a person with respect to
what was told him by another who was not
a witness to a fact but who only obtained
knowledge thereof from another.

REASON WHY HEARSAY
EXCLUDED AS EVIDENCE
It is excluded because the party against
whom it is presented is deprived of the
right and opportunity to cross examine the
persons to whom the statement is
attributed.

OTHER SAMPLES OF HEARSAY
EVIDENCE
• Affidavits where the affiants were not
presented in court for cross examinations.
• Medical certificates where the doctor who
executed the same were not presented in
the court for cross examinations.

What is the DOCTRINE OF INDEPENDENTLY
RELEVANT STATEMENT?
It states that when the testimony is presented to
establish not the truth but only the tenor of the
statement or the fact that the statement was
made, it is not hearsay and hence admissible.
Under this rule, only the fact that such
statements were made is relevant and
admissible, but the truth or even the falsity
thereof is not material.

INDEPENDENTLY RELEVANT
STATEMENTS
• This doctrine states that conversations
communicated to a witness by third person
may be admitted as proof that, regardless
of their truth or falsity, they were actually
made. Evidence as to the making of such
statement is not secondary but primary, for
in itself it constitutes a fact in issue or is
circumstantially relevant to the existence
of such fact.

ENUMERATE THE EXCEPTIONS
TO THE HEARSAY RULE
• Dying Declaration;
• declaration Against Interest;
• Act or declaration About Pedigree;
• Family reputation or Tradition Regarding Pedigree[1];
• Common Reputation;
• Parts of the Res Gestae;
• Entries in the Course of Business;
• Entries in Official Record;
• Commercial Lists and the Like;
• Learned treatises.

State the rule on DYING
DECLARATIONS
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.

BOARD: Statements made by a wounded
person victim of assault narrating the
incident is admissible in evidence as part
of:
a. Res gestae
b. Dying declaration

BOARD: A stabbed B. B was left lying on
the floor. PO1 X arrived and interviewed
B. B told PO1 X that A stabbed him.
Assuming that B did not die, what has
become of B’s statement?
a. Dying declaration
b. Parts of the res gestae

(Follow Up) BOARD: B’s statement is not
qualified to be considered as dying
declaration because:
a. B’s death is indispensable so that there
is dying declaration
b. B’s statement was not made in the
presence of counsel

REQUISITES OF DYING
DECLARATION
a. Death is imminent and the declarant is
conscious of it;
b. The declaration must concern the crime;
c. The declarant must be competent as a
witness;
d. The declaration is offered in a criminal
case where the death of the declarant is
the subject of inquiry.

WHAT IS THE NATURE OF A
DYING DECLARATION?
• It is essentially hearsay, because one
person is testifying on what another
person stated. This is because the
declarant can no longer be presented in
court to identify or confirm his statement
and to be confronted with said statement
by the accused and be crossed examined
thereon.

2 REASONS WHY DYING
DECLARATIONS ARE ADMISSIBLE
• NECESSITY- because the declarant death
makes it impossible for him to take the
witness stand and
• TRUSTWORTHINESS- for when a person
is at the point of death, every motive for
falsehood is silenced and the mind is
induced by the most powerful
consideration to speak the truth.

MISCONCEPTION IN DYING
DECLARATION
Q: Will the court automatically convict a person
who is named by the victim in his dying
declaration?
A: No. If the place where the crime occurred was
dark or completely dark or his back was turned
when he was hit by an unknown assailant, it may
not be possible for the victim to identify his
assailant and hence his dying declaration
naming a particular person to be his killer may
not be believed (because it may cause injustice).

DECLARATION AGAINST
INTEREST
The declaration made by a person deceased, or
unable to testify, against the interest of the
declarant, if the fact is 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 in
evidence against himself or his successors
in interest and against third persons.

DECLARATION ABOUT
PEDIGREE
The act or declaration of a person deceased, or unable
to testify, in respect to the pedigree of another
person related to him by birth or marriage, may be
received in evidence where it occurred before the
controversy, and the relationship between the two
persons is shown by evidence other than such act or
declaration. The word "pedigree" includes
relationship, family genealogy, birth, marriage,
death, the dates when and the places where these
fast occurred, and the names of the relatives. It
embraces also facts of family history intimately
connected with pedigree.

FAMILY REPUTATION OR
TRADITION ABOUT PEDIGREE
The reputation or tradition existing in a family
previous to the controversy (ante litem
motam), in respect to the pedigree of any one
of its members, may be received in evidence
if the witness testifying thereon be also a
member of the family, either by
consanguinity or affinity. Entries in family
bibles or other family books or charts,
engravings on rings, family portraits and the
like, may be received as evidence of
pedigree.

BOARD: It refers to family history or descent
transmitted from one generation unto another
whether oral or written and which may be an
exception to the hearsay rule.
a. Whiskas
b. Pedigree
c. Laying Mass
d. Concentrate

COMMON REPUTATION
Common reputation existing previous to
the controversy, respecting facts of
public or general interest more than
thirty years old, or respecting marriage
or moral character, may be given in
evidence. Monuments and inscriptions
in public places may be received as
evidence of common reputation.

RES GESTAE
Statements made by a person while a starting
occurrence is taking place or immediately
prior or subsequent thereto with respect to
the circumstances thereof, may be given in
evidence as part of res gestae. So, also,
statements accompanying an equivocal act
material to the issue, and giving it a legal
significance, may be received as part of the
res gestae

RES GESTAE
It Means “things done” it includes
circumstances, facts and declarations
incidental to the main fact or transaction
necessary to illustrate its character
It also includes acts, words and
declarations which are so closely
connected therewith as to constitute a part
of the transaction.

REQUISITES OF RES GEATE
a. There must be a startling occurrence;
b. The statement must refer to the
occurrence and its attending
circumstances;
c. The statement must be spontaneous.

DISTINGUISH RES GESTAE
FROM DYING DECLARATIONS
a. A dying declaration is made only by the victim
while res geate may also be made by a third
person.
b. Dying declaration is made only after the attack
has been committed; while res gestae may be
made before, during or after the attack.
c. Basis of dying declaration is impending death,
while res geate is spontaneity of the statement

ENTRIES IN THE COURSE OF
BUSINESS
Entries made at, or near the time of
transactions to which they refer, by a
person deceased, or unable to testify,
who was in a position to know the facts
therein stated, may be received as
prima facie evidence, if such person
made the entries in his professional
capacity or in the performance of duty
and in the ordinary or regular course of
business or duty.

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

COMMERCIAL LISTS
• 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
so stated if that compilation is
published for use by persons engaged
in that occupation and is generally
used and relied upon by them therein.

LEARNED TREATISES
A published treatise, periodical or pamphlet on
a subject of history, law, science, or art is
admissible as tending to prove the truth of a
matter stated therein if the court takes
judicial notice, or a witness expert in the
subject testifies, that the writer of the
statement in the treatise, periodical or
pamphlet is recognized in his profession or
calling as expert in the subject

REQUISITES OF DYING
DECLARATION
– That death is imminent and the declarant is
conscious of that fact;
– The declaration refers to the cause and surrounding
circumstances of such death;
– The declaration relates to facts which the victim is
competent to testify to;
– The declaration is offered in a case wherein the
declarant’s death is the subject of inquiry.
– The declaration was made under the consciousness
of an impeding death
– The declarant thereafter dies

REQUISITES OF RES GESTAE
• 1. The statement must be spontaneous;
• 2. Made while a startling occurrence is
taking place or immediately prior or
subsequent thereto;
• 3. It must relate to the circumstances of
the startling occurrence.

BOARD: It refers to the conclusion of expert
witnesses.
a. Opinion
b. testimony

FACTORS TO BECOME EXPERT
WITNESS
A. Training and education;
B. First hand familiarity with the facts of the
case;
C. Presentation of authorities or standards
from which his opinions are based.

STATE THE RULE ON ORDINARY
OPINION
The opinion of witness is not admissible,
except as indicated in the following
sections

State the rule on opinion of expert
witness.
The opinion of a witness on a matter
requiring special knowledge, skill,
experience or training which he shown
to posses, may be received in
evidence.

WHEN IS OPINION OF ORDINARY
WITNESS ADMISSIBLE?
The opinion of a witness for which proper basis is
given, may be received in evidence regarding —
(a)the identity of a person about whom he has
adequate knowledge;
(b)A handwriting with which he has sufficient
familiarity; and
(c)The mental sanity of a person with whom he is
sufficiently acquainted.
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a
person.

BOARD: When can an “ordinary” witness, not a
questioned document examiner give his
opinion regarding a handwriting of a person?
a. When he had at least 72 units in BS
Criminology
b. When he is a former QD expert
c. When he is testifying about the handwriting of
a person whom he has sufficient familiarity

STATE THE RULE ON ADMISSIBILITY OF
CHARACTER OF WITNESS
Character evidence not generally
admissible

BURDEN OF PROOF, DEFINED
• 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.

BOARD: In cases where the accused
claims self defense in killing the
deceased, who has the burden of proof
that the killing was done in self defense?
a. Accused (defense)
b. Victim/Complainant (prosecution)

BOARD: In court, the one who asserts the
affirmative of an issue has the ________,
which is defined as the obligation to to
establish their allegations by sufficient
and competent proof.
a. Burden of evidence
b. Burden of evidence

BOARD: Burden of proof:
a. Onus probandi
b. Owes probandi
c. All of the above.

BOARD: What do you call that logical
necessity which rests upon a party at the
time of the trial to create a prima facie
case in his own favor or overthrow one
when something is created against him.
a. Burden of proof
b. Burden of evidence

Define PREPONDERANCE OF EVIDENCE
• it means that the testimony adduced by one side
is more credible and conclusive than that of the
other, or the evidence as a whole, adduced by
one side is superior to the other. It is not meant
the mere numerical array of witnesses, but it
means the weight, credit and value of the
aggregate evidence on either side.
Preponderance of evidence means evidence
which is of greater weight or more convincing
than the other

DEFINE SUBSTANTIAL
EVIDENCE
• such relevant evidence as a reasonable
mind might accept as adequate to support
a conclusion.

CONCLUSIVE PRESUMPTION
DEFINED
• It is an inference which the law makes so
peremptory that it will not allow such
inference to be overturned by any contrary
proof however strong. Conclusive
presumption is also known as presumption
juris et de jure.

GIVE INSTANCES OF
CONCLUSIVE PRESUMPTION
• (a)Whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately led to
another to believe a particular thing 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:
• This is known as: ESTOPPEL IN PAIS
• (b)The tenant is not permitted to deny the title of his
landlord at the time of commencement of the relation
of landlord and tenant between them.
• This is known as: ESTOPPEL BY DEED

BOARD: This is a bar which precludes or
prohibits a person from denying or
asserting anything contrary to what he
said or what he represented to be the
state of facts.
a. Estoppel
b. In Pari delicto

DISPUTABLE PRESUMTION
DEFINED
• It is a presumption which stands as true
unless rebutted by contrary evidence. This
is also known as presumption juris tantum.

EXAMPLES OF DISPUTABLE
PRESUMPTIONS
• (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 one 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 possess, or exercises
acts of ownership over, are owned by
him;

• (w)That after an absence of seven years, (7)
it being unknown whether or not the
absentee still lives, he is considered dead for
all purposes, except for those of succession.
• The absentee shall not be considered dead
for the purpose of opening his succession till
after an absence of ten years (10). If he
disappeared after the age of seventy-five
years, an absence of five years (5) shall be
sufficient in order that his succession may
be opened.

• The following shall be considered dead for all
purposes including the division of the estate among
the heirs:
• (1)A person on board a vessel lost during a sea
voyage, or an aircraft with is missing, who has not
been heard of for four years since the loss of the
vessel or aircraft;
• (2)A member of the armed forces who has taken part
in armed hostilities, and has been missing for four
years;
• (3)A person who has been in danger of death under
other circumstances and whose existence has not
been known for four years;

• (4)If a married person has been absent for four
consecutive years, the spouse present may contract
a subsequent marriage if he or she has well-founded
belief that the absent spouse is already death. In
case of disappearance, where there is a danger of
death the circumstances hereinabove provided, an
absence of only two years shall be sufficient for the
purpose of contracting a subsequent marriage.
However, in any case, before marrying again, the
spouse present must institute summary proceedings
as provided in the Family Code and in the rules for
declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the
absent spouse. aw library

• (dd)That if the marriage is terminated and the mother
contracted another marriage within three hundred days after
such termination of the former marriage, these rules shall
govern in the absence of proof to the contrary:
• (1)A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to
have been conceived during such marriage, even though it be
born within the three hundred days after the termination of the
former marriage.
• (2)A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to have
been conceived during such marriage, even though it be born
within the three hundred days after the termination of the
former marriage.

• That except for purposes of succession, when two persons perish in
the same calamity, such as wreck, battle, or conflagration, and it is not
shown who died first, and there are no particular circumstances from
which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes,
according to the following rules:
• 1.If both were under the age of fifteen years, the older is deemed to
have survived;
• 2. If both were above the age sixty, the younger is deemed to have
survived;
• 3. If one is under fifteen and the other above sixty, the former is
deemed to have survived;
• 4. If both be over fifteen and under sixty and the sex be different, the
male is deemed to have survived, if the sex be the same, the older;
• 5.If one be under fifteen or over sixty, and the other between those
ages, the latter is deemed to have survived.

• Presumption of Law- is known as
presumption presumtiones juris. They are
the conclusive (juris et de jure) and
disputable presumptions (presumption
juris tantum).
• Presumption of fact is known as
presumtiones hominis

Q: Mention some common and well
recognized presumptions by jurisprudence.
• A: They are:
• A man and a woman living together are married.
• That every person is of sound mind as sanity is
presumed and not insanity.
• Good faith is always presumed and not bad
faith.
• That a person is potent because impotency
being an abnormality is not presumed.

DOCTRINE OF STALE DEMANDS
• It is the failure or neglect for an
unreasonable and unexplained length of
time to do that which, by exercising due
diligence, could or should have been done
earlier, thus giving rise to a presumption
that the party entitled to assert it has
abandoned or declined to assert it. The
doctrine of stale demands is also known
as LACHES.

CLEAR AND CONVINCING
EVIDENCE
• is evidence more than preponderance of
evidence but less than proof beyond
reasonable doubt. It is the quantum
required to prove insanity, paternity or
filiation, self defense among others.

EXAMINATION OF WITNESS
• The examination of witnesses
presented in a trial or hearing shall be
done in open court, and under oath or
affirmation. Unless the witness is
incapacitated to speak, or the
questions call for a different mode of
answer, the answers of the witness
shall be given orally.

OATH, DEFINED
• A form of attestation by which a person
signifies that he is bound in conscience
and that in case he does not tell the truth
divine retribution would follow against him.
• It is an outward pledge, given by the
person taking it that his attestation or
promise is made under an immediate
sense of responsibility to God.

AFFIRMATION, DEFINED
• A declaration instead of an oath that a
person will tell the truth.

PROCEEDINGS TO BE
RECORDED
• — The entire proceedings of a trial or hearing,
including the questions propounded to a witness
and his answers thereto, the statements made by the
judge or any of the parties, counsel, or witnesses
with reference to the case, shall be recorded by
means of shorthand or stenotype or by other means
of recording found suitable by the court.
• A transcript of the record of the proceedings made
by the official stenographer, stenotypist or recorder
and certified as correct by him shall be deemed
prima facie a correct statement of such proceedings

Rights and obligations of a
witness
• A witness must answer questions, although his
answer may tend to establish a claim against him.
However, it is the right of a witness:
• (1)To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
• (2)Not to be detained longer than the interests of
justice require;
• (3)Not to be examined except only as to matters
pertinent to the issue;
• (4)Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise
provided by law;

DISCUSS THE RIGHT OF ACCUSED AGAINST
SELF INCRIMINATION
• The right of the person against self incrimination.
But it is not self executing or automatically
operational. It must be claimed. Otherwise it is
considered waived, as by failure to claim it at the
appropriate time. Hence, the accused must
actively invoke it. The proper time to invoke it is
when a question calling for incriminating answer
is asked. Note also that it applies to testimonial
compulsion only.

ORDER IN THE EXAMINATION
OF WITNESS
• (a)Direct examination by the proponent;
(Also known as EXAMINATION IN CHIEF)
• (b)Cross-examination by the opponent;
• (c)Re-direct examination by the
proponent;
• (d)Re-cross-examination by the
opponent.

DIRECT EXAMINATION
• — Direct examination is the
examination-in-chief of a witness by the
party presenting him on the facts
relevant to the issue.

CROSS EXAMINATION
• Upon the termination of the direct
examination, the witness may be cross-
examined by the adverse party as to
many matters stated in the direct
examination, or connected therewith,
with sufficient fullness and freedom to
test his accuracy and truthfulness and
freedom from interest or bias, or the
reverse, and to elicit all important facts
bearing upon the issue.

RE DIRECT EXAMINATION
• After the cross-examination of the
witness has been concluded, he may
be re-examined by the party calling
him, to explain or supplement his
answers given during the cross-
examination. On re-direct-examination,
questions on matters not dealt with
during the cross-examination, may be
allowed by the court in its discretion.

RE CROSS EXAMINATION
• Upon the conclusion of the re-direct
examination, the adverse party may re-
cross-examine the witness on matters
stated in his re-direct examination, and
also on such other matters as may be
allowed by the court in its discretion

RECALLING WITNESS
• 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.

LEADING QUESTION
• A question which suggests to the
witness the answer which the
examining party desires is a LEADING
QUESTION

BOARD: A questions which directs a
witness to say something that the
examining party desires to hear is not
allowed in direct examination because
this is a:
a. Leading question
b. Misleading question

ARE LEADING QUESTIONS
ALLOWED?
• It is not allowed, except:
• (a)On cross examination;
• (b)On preliminary matters;
• (c)When there is a difficulty is getting direct and
intelligible answers from a witness who is ignorant,
or a child of tender years, or is of feeble mind, or a
deaf-mute;
• (d)Of an unwilling or hostile witness; or
• (e)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.

MISLEADING QUESTION
• A MISLEADING QUESTION 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.

IMPEACHMENT OF WITNESS
• PROCESS OF DISCREDITING A
WITNESS

HOW TO IMPEACH A WITNESS
• A witness may be impeached by the party
against whom he was called, by:
• contradictory evidence,
• by evidence that his general reputation for
truth, honestly, or integrity is bad, or
• by evidence that he has made at other times
statements inconsistent with his present,
testimony, but not by evidence of particular
wrongful acts, except that it may be shown
by the examination of the witness, or the
record of the judgment, that he has been
convicted of an offense.

CAN YOU IMPEACH YOUR OWN
WITNESS?
NO. The party producing a witness is not
allowed to impeach his credibility. Except
with respect to witnesses referred to in
paragraphs d (unwilling or hostile witness)
and e (witness who is adverse party) of
Section 10,

UNWILLING OR HOSTILE
WITNESS
• 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.

LAYING THE PREDICATE
• Before a witness can be impeached by
evidence that he has made at other times
statements inconsistent with his present
testimony, the statements must be related to
him, with the circumstances of the times and
places and the persons present, and he must
be asked whether he made such statements,
and if so, allowed to explain them. If the
statements be in writing they must be shown
to the witness before any question is put to
him concerning them.

EXCLUSION AND SEPARATION
OF WITNESSES
On any trial or hearing, the judge may
exclude from the court any witness not
at the time under examination, so that
he may not hear the testimony of other
witnesses. The judge may also cause
witnesses to be kept separate and to be
prevented from conversing with one
another until all shall have been
examined.

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 at
any other time when the fact was fresh in
his memory and knew that the same was
correctly written or recorded

Past Recollection Recorded).
A witness may testify from such writing or
record, though he retain no recollection of
the 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

State the Open Door Policy or Completeness Rule
of the law on evidence
It states when part of an act, declaration,
conversation, writing or record is given in
evidence by one party, the whole of the
same subject may be inquired into by the
other

OFFER OF EVIDENCE
• means the presentation or introduction of
evidence in court. The court shall consider
no evidence which has not been formally
offered.

PUBLIC AND PRIVATE
DOCUMENTS
• For the purpose of their presentation evidence,
documents are either public or private.
• Public documents are:
• (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;
• (b)Documents acknowledge before a notary public
except last wills and testaments; and
• (c)Public records, kept in the Philippines, of private
documents required by law to the entered therein.
• All other writings are private.

FOUR KINDS OF DOCUMENTS
• PRIVATE DOCUMENTS- are every deed or
instrument executed by a private person without the
intervention of a public notary or other persons legally
authorized; by which some disposition or agreement is
proved, evidenced or set forth.
• COMMERCIAL DOCUMENT-any document defined
and regulated by the Code of Commerce
• OFFICIAL DOCUMENT- a document which is issued
by a public official in the exercise of the functions of his
office.
• PUBLIC DOCUMENT

PROOF OF PRIVATE DOCUMENT
• Before any private document offered as
authentic is received in evidence, its
due execution and authenticity must be
proved either:
• (a) By anyone who saw the document
executed or written; library
• (b) By evidence of the genuineness of
the signature or handwriting of the
maker.

ANCIENT DOCUMENT RULE
• Where a private document is more than
thirty years old, is produced from the
custody in which it would naturally be
found if genuine, and is unblemished
by any alterations or circumstances of
suspicion, no other evidence of its
authenticity need be given

HOW TO PROVE GENUINESS OF
HANDWRITING?
• The handwriting of a person may be proved:
• 1. by any witness who believes it to be the
handwriting of such person because he has seen the
person write, or
• 2. by a witness who has seen writing purporting to
be his upon which the witness has acted or been
charged, and has thus acquired knowledge of the
handwriting of such person.
Evidence respecting the handwriting may also be
given
• 3. by a comparison, made by the witness or the
court, with writings admitted or treated as genuine
by the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge.

AUTHENTICATION, MEANING
• To authenticate a private document means
to prove its genuineness and due
execution. Due execution and
genuineness means the instrument is not
spurious, counterfeit etc.

VALUE OF ENTRIES IN PUBLIC
RECORDS
Documents consisting of entries in
public records made in the
performance of a duty by a public
officer are prima facie evidence of the
facts therein stated

EFFECT OF NOTARIZATION OF
DOCUMENTS
• Every instrument duly acknowledged or
proved and certified as provided by
law, 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.

• Q: What is the effect of notarization?
• A: It converts private documents into
public documents. Hence it becomes
admissible in evidence without further
proof of its authenticity

FILIPINO AND ENGLISH
• Documents written in an unofficial
language shall not be admitted as
evidence, unless accompanied with a
translation into English or Filipino. To
avoid interruption of proceedings,
parties or their attorneys are directed to
have such translation prepared before
trial.

OFFER OF EVIDENCE
• The court shall consider no evidence
which has not been formally offered.
The purpose for which the evidence is
offered must be specified.

WHEN TO MAKE OFFER OF
EVIDENCE
• As regards the testimony of a witness,
the offer must be made at the time the
witness is called to testify.
• Documentary and object evidence shall
be offered after the presentation of a
party's testimonial evidence. Such offer
shall be done orally unless allowed by
the court to be done in writing.

WHEN TO MAKE AN OBJECTION
• Objection to evidence offered orally must be
made immediately after the offer is made.
• Objection to a question propounded in the
course of the oral examination of a witness
shall be made as soon as the grounds
therefore shall become reasonably apparent.
• An offer of evidence in writing shall be
objected to within three (3) days after notice
unless a different period is allowed by the
court.
• In any case, the grounds for the objections
must be specified.

STRIKING OUT ANSWERS
• Should a witness answer the question before
the adverse party had the opportunity to
voice fully its objection to the same, and
such objection is found to be meritorious,
the court shall sustain the objection and
order the answer given to be stricken off the
record.
• On proper motion, the court may also order
the striking out of answers which are
incompetent, irrelevant, or otherwise
improper.

TENDER OF EXCLUDED
EVIDENCE
• A procedure undertaken by a party normally
through a lawyer if the evidence is excluded by
the court wherein the offeror may have the same
attached to or made part of the record. If the
evidence excluded is oral, the offeror may state
for the record the name and other personal
circumstances of the witness and the substance
of the proposed testimony.
• Tender of excluded evidence is also known as
proffer of evidence or offer of proof

PROOF BEYOND REASONABLE
DOUBT
• In a criminal case, the accused is
entitled to an acquittal, unless his guilt
is shown beyond reasonable doubt.
Proof beyond reasonable doubt does
not mean such a degree of proof,
excluding possibility of error, produces
absolute certainly. Moral certainly only
is required, or that degree of proof
which produces conviction in an
unprejudiced mind.

BOARD: Known in law as that degree of proof
which produces in the mind of the judge, an
unprejudiced person, that moral certainty, or
moral conviction that the accused is guilt and
should be punished.
a. Proof beyond reasonable doubt
b. Proof beyond peradventure of a doubt
c. Proof beyond iota of a doubt
d. All of the above

BOARD: What is that proof below proof
beyond reasonable doubt?
a. Preponderance of evidence
b. Substantial evidence.

BOARD: Which is a factor to determine whether
there is preponderance of evidence?
a. All the facts and circumstances of the case;
b. Demeanor of the witness;
c. Intelligence of the witness;
d. Their means and opportunity to know the facts;
e. The probability of their testimony;
f. Their interest or lack of interest;
g. Number of witnesses presented
h. All of the above

BOARD: A person who has violated the penal
law and has been found guilty by the court.
a. Suspect
b. Respondent
c. Accused
d. Appellant
e. Convict
f. Prisoner

EXTRAJUDICIAL CONFESSION
• An extrajudicial confession made by an
accused, shall not be sufficient ground
for conviction, unless corroborated by
evidence of corpus delicti.

CIRCUMSTANTIAL EVIDENCE
WHEN SUFFICIENT?
• Circumstantial evidence is sufficient for
conviction if:
• (a)There is more than one
circumstances;
• (b)The facts from which the inferences
are derived are proven; and
• (c)The combination of all the
circumstances is such as to produce a
conviction beyond reasonable doubt.

SUBSTANTIAL EVIDENCE
• In cases filed before administrative or
quasi-judicial bodies, a fact may be
deemed established if it is supported
by substantial evidence, or that amount
of relevant evidence which a
reasonable mind might accept as
adequate to justify a conclusion.

Power of the Court to Stop
Further Evidence
• The court may stop the introduction of
further testimony upon any particular
point when the evidence upon it is
already so full that more witnesses to
the same point cannot be reasonably
expected to be additionally persuasive.
But this power should be exercised
with caution

CREDIBILITY OF WITNESS
• refers to the integrity, disposition and
intention to tell the truth in the testimony
he has given

BOARD: The probative value or credit given
by the court to a particular evidence.
a. Admissibility of evidence
b. Weight of evidence

FALSO IN UNO FALSO IN
OMNIBUS
• It literally means “false in one thing-false in
everything”. It refers to that principle where on
one point, the witness has lied, his testimony
upon another points may be disregarded. This is
no longer followed in the Philippines. The
modern trend of jurisprudence is to the effect
that the testimony of a witness maybe believed
in part and disbelieved in part, depending upon
the corroborative evidence and the probabilities
and improbabilities of the case.

RES IPSA LIQUITOR
“The thing/fact/transaction speaks for itself.
A doctrine which means that where the thing
shown to be under the management of the
defendant, and where an accident in the
ordinary course of event does not happen when
the business is properly conducted, the accident
itself raises the presumption of negligence in the
absence of any explanation.

ALIBI
• known as the weakest defense in a
criminal case. It is an averment that the
accused was at another place for such
period of time that it was impossible for
him to have been at the place where the
act was committed at the time of its
commission

BOARD: “Alibi” and mere “denial” as
defenses in criminal cases are weak
when there is:
a. Positive identification
b. Negative identification

BOARD: Alibi can be believed or acquire
evidentiary strength when:
a. Evidence of guilt is strong
b. There is no positive and proper
identification of the accused had been
made by the supposed witnesses.

EQUIPOISE RULE
 where the inculpatory circumstances are capable of two
inferences, one which is consistent with the presumption
of innocence and the other compatible with the finding of
guilt, the court must acquit the accused because the
evidence does not fulfill the test of moral certainty and
therefore insufficient to sustain a judgment of conviction.
It may also be defined as where the evidence of the
parties in a criminal case is evenly balanced, the
constitutional presumption of innocence should tilt the
scales in favor of the accused and he should be
acquitted.

EQUIPONDERANCE OF
EVIDENCE
 when the scale shall stand upon equipoise
and there is nothing in the evidence which
shall incline it to one side or the other, the
court will find for the defendant.

CHAIN OF CUSTODY OF
EVIDENCE
A physical evidence cannot be admitted in
court without a testimonial sponsor who
can vouch for the authenticity and
unaltered state of the physical evidence.
To maintain the integrity of the evidence, a
record must be kept of each and every
time the item changes possession in the
hands of those involved in the
administration of justice.

EVIDENCE DEFINED
• Evidence is the means, sanctioned by
these rules, of ascertaining in a judicial
proceeding the truth respecting a
matter of fact.

• Main Source of the Law on Evidence:
• Rules of Court Rules 128-133 (134)
• PROOF, defined- the result or the effect of
evidence.
• FACTUM PROBANDUM- the ultimate fact or the
fact sought to be established. It is the fact to be
proved.
• FACTUM PROBANS- factum probans is the
evidentiary fact or the fact by which the factum
probans is to be established

BOARD: What is the effect or the result of
evidence?
a. Proof
b. Conviction

CLASSIFICATION OF EVIDENCE
• 1. Object or real or autoptic evidence or physical evidence or tangible
evidence- that which is directly addressed to the senses of the court and
consists of tangible things exhibited in court.
• Chain of Custody- the presenter of an object evidence may be required to
prove its chain of custody, that is the people who took charge thereof from
its recovery to presentation in court so that it may pass the process of
authentication. If the object evidence is easy to identify, mere testimony of
witness is sufficient.
• 2. Testimonial evidence- that which is submitted to the court through the
testimony or deposition of a witness. It is that which directly comes out of
the witness’s mouth, oral or written, such as depositions and affidavits.
• 3. Relevant evidence- evidence having any value in reason as tending to
prove any matter provable in an action.
• 4. Material evidence- evidence directed to prove a fact in issue as
determined by the rules of substantive law and pleading.
• 5. Competent evidence- evidence that is not excluded by the rules, statute
or the Constitution.

• 6. Direct evidence- that which proves the fact in dispute
without the aid of any inference or presumption.
• 7. Circumstantial evidence- the proof of fact or facts
from which, taken either singly or collectively, the
existence of the particular fact in dispute may be inferred
as a necessary or provable consequence.
• 8. Cumulative evidence- evidence of the same kind and
to the same state of facts.
• 9. Corroborative evidence- additional evidence of a
different character to the same point.
• 10. Expert evidence- the testimony of one possessing in
regard to a particular subject or department of human
activity, knowledge not usually acquired by other
persons.

• 11. Prima Facie Evidence- that which standing alone,
unexplained or uncontradicted, is sufficient to maintain
the proposition affirmed.
• 12. Primary evidence- that which the law regards as
affording the greatest certainty of the fact in question
• 13. Secondary evidence or Substitutionary Evidence-
that which is inferior to the primary evidence and is
permitted only when the best evidence is not available.
• 14. Positive evidence- when a witness affirms that a fact
did or did not occur.
• 15. Negative evidence- when a witness states he did not
see or know of the occurrence of a fact.

• 16. Documentary evidence- it consists of writings or any
material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered
as proof of their contents.
• 17. Electronic evidence- document or information
received, recorded, transmitted, stored, processed or
produced electronically.
• 18. Forgotten evidence- evidence which was not
presented in court because of oversight or forgetfulness
of a party or counsel.
• 19. Exculpatory evidence- that evidence which will
excuse a person from an alleged fault or crime.
• 20. Evidence Aliunde or Extraneous evidence- evidence
from outside or another source.

• 21. Inculpatory evidence- are evidence which
has the tendency to implicate or incriminate a
person.
• 22. Self serving evidence- one made by the
party to favor his own interest. It is one made by
a party out of court.
• 23. Opinion evidence – evidence given by an
ordinary person regarding of what he thinks.
• 24. Rebuttal evidence- evidence that will
contradict the other party’s evidence

MATERIAL EVIDENCE
That which aside from being relevant
affects an issue in important or substantial
matter. (E. Notes)

RELEVANT EVIDENCE
That which has some connection or relation
to what is sought to be proved; it has the
tendency to prove or disprove the matter
in dispute (E – Notes).

REAL EVIDENCE
Are tangible things submitted for inspection
which enable the court by the direct use of
its senses to perceive facts about these
things

BOARD: The existence of these evidence
indicates that a better kind of evidence
still exists.
a. Best evidence rule
b. Secondary evidence

BOARD: Evidence which is the same, as
that already given.
a. Cumulative
b. Corroborative

BOARD: Maps, charts and demonstrations
used to illustrate or emphasize a point
are:
a. Demonstrative evidence
b. Physical evidence

BOARD: Evidence given by one who in
regard to a particular filed or science has
acquired knowledge not usually acquired
by others:
a. Best evidence
b. Expert evidence

BOARD: These are species of physical evidence
which identify the perpetrator of the crime by
means of clues or personal properties or the
characteristic patterns of the commission of
the crime. They are evidence that link two
separate entities, people or objects. In other
words, it relates to the evidence that links a
person or object to the scene of the crime
such as latent print, blood stains etc.
a. Associative evidence
b. Physical evidence.

BOARD: Under PD 1612, the unexplained
possession by another of stolen goods
is:
a. Proof that he is an accomplice in theft or
robbery
b. Prima facie evidence of fencing.

BOARD: Under PD 1613, the following are prima facie evidence of arson except:
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building note
necessary in the business of the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked
therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance
designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or
premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the
issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in
the same or other premises owned or under the control of the offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects insured and stored in a building or
property had been withdrawn from the premises except in the ordinary course of business.
6. If a demand for money or other valuable consideration was made before the fire in exchange for the
desistance of the offender or for the safety of the person or property of the victim.
7 None of the above

BOARD: What is known as the evidence of
the highest order because it speaks
more truthfully than a hundred
witnesses?
a. Physical evidence
b. Tracing evidence

RELEVANT EVIDENCE – Evidence which
has some relation to what is intended to
be proved.
MATERIAL EVIDENCE – Evidence that
affects an issue in a substantial matter.

BOARD: A rule of conduct just and obligatory and laid by
authorities for common observance and benefit.
It is also known as the society’s instrument for making
known what acts are crime and what sanctions may be
applied to those who commit those acts.
a. Criminal law
b. Law
c. Evidence
d. Criminal procedure

BOARD: It means giving to everyone his
just due. It is a social norm providing
guidance for the people in their dealings
with one another.
a. Law
b. Justice.

BOARD: A fact pleaded by one party and
denied by his opponent is:
a. The fact in issue
b. The ratio decidendi

Statements in an affidavit not testified upon
in the trial are mere hearsay evidence and
have no value.
Hearsay evidence whether objected or not
has no probative value (unless covered by
the exceptions).

The positive findings of paraffin test does
not conclusively show that the accused
has fired a gun. A positive finding is only
an indication of possibility but nit infallibility
since nitrates are found also in substances
other than gunpowder.

AFFIDAVIT OF
RECANTATION/RETRACTION
• One where the witness retracts his former
statement or say something contrary to it.

VALUE OF AFFIDAVIT OF
RECANTATION
• Affidavits of etractions are viewed by the court with
disfavor. It would be a dangerous rule to reject the
testimony y taken before the court simply because the
witness who has given it, later on changed his mind for
one reason or another. It will make a solemn trial a
mockery and place the investigation at the mercy of
unscrupulous witnesses, because affidavits of retraction
can easily be secured from ignorant and poor witnesses,
usually for monetary consideration, retracting testimony
is exceedingly unreliable. There is always the possibility
that it will be repudiated.

AFFIDAVIT OF DESISTANCE
One where the complainant signifies his
withdrawal to file or pursue a criminal
case. Usually, it was done because of out
of court settlement (usually for some
monetary considerations) but is tolerated
by the courts.

END OF REVIEW