Evid Bar Qs

Name: Basay, Jaliel Moeen M.
Topic: Electronic Evidence (2003)

Question:
a) State the rule on admissibility of an electronic evidence.

b) When is an electronic evidence regard as being the equivalent of an original document under
the best evidence rule.
Suggested Answer:
a) An electronic document is admissible in evidence if it complies with the rules on admissibility

prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed
by these Rules. Its authenticity must be proved by any of the following means: (a) by evidence
that it had been digitally signed by the person purported to have signed the same; (b) by evidence
that other appropriate security procedures or devices as may be authorized by the Supreme Court
or by law for authentication of electronic documents were applied to the document; or (c) by
other evidence showing its integrity and reliability to the satisfaction of the judge.
b) An electronic document shall be regarded as the equivalent of an original document under the
Best Evidence Rule if it is a printout or output readable by sight or other means, shown to reflect
the data accurately.
Name: Basay, Jaliel Moeen M.

Topic: Burden of Proof vs Burden of Evidence (2004)
Question:
Distinguish Burden of proof and burden of evidence.
Suggested Answer:
Burden of proof is the duty of a party to present evidence to establish his claim or evidence by the amount
of evidence required by law. Burden of evidence refers to the duty of the party to go forward with the
evidence to overthrow the prima facie evidence against him.
Burden of proof does not shift and remains throughout the entire case exactly where the pleadings
originally placed it. The burden of going forward with the evidence may shift from party to party as the
exigencies of the trial require.
Name: Anne Berja

Topic: Facts; Legislative Facts vs. Adjudicative Facts (2004)
Question:
Legislative facts and adjudicative facts.
Suggested Answer:
Adjudicative facts are those matters related to the case under consideration and which may affect the
outcome thereof. An example of which is where an accused set up a denial and alibi that he was in La
Union and the crime happened in Manila, the court may take judicial notice that the normal travel time
from La Union to Manila is around 6-7 hours.
On the other hand, a legislative fact are those matters which relate either to: (i) the existence of a law or
legal principle (ii) the reason, purpose or philosophy behind the law or of a legal principle as formulated
by the legislature or the court (iii) the law or principle itself. An example of this is that the one of the
primary reasons for the enactment of the Migrant Workers Act is to protect Filipino Overseas Workers.
Name: Anne Berja

Topic: Hearsay Evidence vs. Opinion Evidence (2004)
Question:
Hearsay evidence and opinion evidence.
Suggested Answer:
Hearsay Evidence signifies all evidence which is not founded upon the personal knowledge of the witness
from whom it is elicited, and which consequently does not depend wholly for its credibility and weight
upon the confidence which the court may have in him. Its value, if any, is measured by the credit to be
given to some third persons not sworn as witnesses to that fact and consequently not subject to cross-
examination. (Sanvicente vs. People, G.R. No. 132081, 26 November 2002) It consists of testimony that is
not based on personal knowledge of the person testifying, (Sec. 36, Rule 130).
Meanwhile, Opinion Evidence is expert evidence based on the personal knowledge skill, experience or
training of the person testifying (Sec. 49, Rule 130) and evidence of an ordinary witness on limited matters
(Sec. 50, Rule 130).
Name: Jonar S. Bueno

Topic: 2003: Hearsay; Inapplicable
Question:
X was charged with robbery. On the strength of a warrant of arrest issued by the court, X was arrested by
police operatives. They seized from his person a handgun. A charge for illegal possession of firearm was
also filed against him. In a press conference called by the police, X admitted that he had robbed the victim
of jewelry valued at P500,000.00.
The robbery and illegal possession of firearm cases were tried jointly. The prosecution presented in
evidence a newspaper clipping of the report to the reporter who was present during the press conference
stating that X admitted the robbery. It likewise presented a certification of the PNP Firearms and Explosive
Office attesting that the accused had no license to carry any firearm. The certifying officer, however, was
not presented as a witness. Both pieces of evidence were objected to by the defense. (6%) a) Is the
newspaper clipping admissible in evidence against X? b) Is the certification of the PNP Firearm and
Explosive Office without the certifying officer testifying on it admissible in evidence against X?
Suggested Answer:
(a) Yes, the newspaper clipping is admissible in evidence against X. regardless of the truth or falsity of a
statement, the hearsay rule does not apply and the statement may be shown where the fact that it is
made is relevant. Evidence as to the making of such statement is not secondary but primary, for the
statement itself may constitute a fact in issue or be circumstantially relevant as to the existence of such
fact. (Gotesco Investment Corporation vs. Chatto, 210 SCRA 18 [1992])
(b) Yes, the certification is admissible in evidence against X because a written statement signed by an
officer having the custody of an official record or by his deputy that after diligent search no record or entry
of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above
provided, is admissible as evidence that the records of his office contain no such record or entry. (Sec. 28
of Rule 132).
Name: Jonar S. Bueno

Topic: 2003: Offer of Evidence; res inter alios acta
Question:
X and Y were charged with murder. Upon application of the prosecution, Y was discharged from the
Information to be utilized as a state witness. The prosecutor presented Y as witness but forgot to state
the purpose of his testimony much less offer it in evidence. Y testified that he and X conspired to kill the
victim but it was X who actually shot the victim. The testimony of Y was the only material evidence
establishing the guilt of X. Y was thoroughly cross-examined by the defense counsel. After the prosecution
rested its case, the defense filed a motion for demurrer to evidence based on the following grounds.
(a) The testimony of Y should be excluded because its purpose was not initially stated and it was not
formally offered in evidence as required by Section 34, Rule 132 of the Revised Rules of Evidence; and
(b) Y’s testimony is not admissible against X pursuant to the rule on “res inter alios acta”. Rule on the
motion for demurrer to evidence on the above grounds. (6%)
Suggested Answer:
The demurrer to the evidence should be denied because:
a) The testimony of Y should not be excluded because the defense counsel did not object to his testimony
despite the fact that the prosecutor forgot to state its purpose or offer it in evidence. Moreover, the
defense counsel thoroughly cross-examined Y and thus waived the objection.
b) The res inter alios acta rule does not apply because Y testified in open court and was subjected to cross
examination.
Name: Calingacion, Charmi C.
Topic: Preponderance vs. Substantial Evidence (2003)
Question:
Distinguish preponderance of evidence from substantial evidence.
Suggested Answer:
Preponderance of evidence under Section 1 of Rule 133 states that, in civil cases, the party having the
burden of proof must establish his case by preponderance of evidence. Preponderance of evidence
means the superior weight of evidence on the issues involved whereas Section 5 of Rule 133 provides
that substantial evidence is the amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion. This is applicable to cases filed before administrative or quasi- judicial
bodies.
Name: Calingacion, Charmi C.
Topic: Privilege Communication; Marital Privilege (2004)

Question:
XYZ, an alien, was criminally charged of promoting and facilitating child prostitution and other sexual
abuses under RA No. 7610. The principal witness against him was his Filipina wife, ABC. Earlier, she had
complained that XYZ’s hotel was being used as a center for sex tourism and child trafficking. The defense
counsel for XYZ objected to the testimony of ABC at the trial of the child prostitution case and the
introduction of the affidavits she executed against her husband as a violation of espousal confidentiality
and marital privilege rule. It turned out that DEF, the minor daughter of ABC by her first husband who
was a Filipino, was molested by XYZ earlier. Thus, ABC had filed for legal separation from XYZ since last
year. May the court admit the testimony and affidavits of the wife, ABC, against her husband XYZ, in the
criminal case involving child prostitution? Reason.
Suggested Answer:
Yes. The court may admit the testimony and affidavits of the wife against her husband in the criminal
case where it involves child prostitution of the wife’s daughter. Section 22 of Rule 130 provides that,
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. This case
involves the exception to the marital disqualification rule where a criminal case was committed by the
husband, XYZ against DEF, a direct descendant of his wife, ABC. Therefore, the wife can testify against
her husband, even without the consent of the latter.
Name: Zarahgen Casanova

Topic: Witness; Competency of the Witness vs Credibility of the Witness (2004)
Question:
Distinguish competency of the witness and credibility of the witness
Suggested Answer:
Section 20, Rule 130 provides that competency of the witness refers to a witness who can perceive, and
perceiving and can make known his perception to others. Credibility goes to the character of the witness
to be believable or not; the truth of his testimony and; includes the ability of the witness to inspire belief
or not.

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Name: Basay, Jaliel Moeen M.

Topic: Electronic Evidence (2003)

a) State the rule on admissibility of an electronic evidence.

a) An electronic document is admissible in evidence if it complies with the rules on admissibility

Name: Basay, Jaliel Moeen M.

Name: Anne Berja

Name: Anne Berja

Name: Jonar S. Bueno

Name: Jonar S. Bueno

The demurrer to the evidence should be denied because:

Name: Calingacion, Charmi C.

Topic: Preponderance vs. Substantial Evidence (2003)

Distinguish preponderance of evidence from substantial evidence.

Name: Calingacion, Charmi C.

Topic: Privilege Communication; Marital Privilege (2004)

Name: Zarahgen Casanova

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