Evidence: SYLLABUS (2021) Judge Teodoro C. Fernandez
Evidence: SYLLABUS (2021) Judge Teodoro C. Fernandez
Evidence: SYLLABUS (2021) Judge Teodoro C. Fernandez
SYLLABUS (2021)
Judge Teodoro C. Fernandez
COURSE: EVIDENCE
LEARNING GOAL: The students participants will know the rules on admissibility
of evidence.
LEARNING OBJECTIVES:
At the end of this course, the students will:
a. Know the definition of evidence and its classification.
b. Know the rules on admissibility of object, documentary and testimonial
evidence under rule 130 of the Revised Rules of Court.
c. Know the rules on admissibility of DNA and Electronic evidence.
d. Know the rules on admissibility of videotaped testimony of child
witness.
e. Know the other rules on admissibility of evidence found under the Bill
of Rights of the 1987 constitution.
f. Know the rules on admissibility of evidence under special laws.
g. Know what is weight and sufficiency of evidence.
TOPIC CASES
RULE 128 - General Provisions 1. Salita v. Magtolis, 233 SCRA 100
Section 1. Evidence defined. 2. Tantuico v. Republic, 203 SCRA 428
Section 2. Scope. 3. People v. Ebias, 32 SCRA 675
Section 3. Admissibility of evidence. 4. Republic v. Gimenez and Gimenez,
Section 4. Relevancy; collateral matters. G.R. 174673, Jan. 11, 2016
5. Mancol, Jr. v. DBP, G.R. No. 204289,
Nov. 22, 2017
6. Prats & Co. v. Phoenix Insurance Co.,
52 Phil. 807
7. Pp. v. Judge Yatco and Consunji, et.
Al., G.R. No. L-9181, Nov. 28, 1955
8. PNO Shipping and Transport Corp v.
C.A., et al., G.R. 107518, Oct. 8, 1998.
9. People v. Binamera, G.R. 110397,
Aug. 14, 1997.
10. Pp. v. Lim, G.R. 231989, Sept. 4, 2018
11. Lagmay v. Quimit, 102 SCRA 1003.
RULE 129 - What Need Not Be Proved
Section 1. Judicial notice, when mandatory.
Section 2. Judicial notice, when
discretionary.
Section 3. Judicial notice, when hearing
necessary.
Section 4. Judicial admissions
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A. OBJECT (REAL) EVIDENCE 1. Pp. v. Olarte, G.R. No. 233309, March
11, 2019.
Section 1. Object as evidence. - 2. Daayata, et al., v. People, G.R. No.
205745, March 8 2017.
3. Pp. v. Nuñez, G.R.No. 209342, Oct. 4,
2017.
4. Pp. v. Romorosa, G.R. No. 237209,
April 10, 2019.
5. Pp. v. Gerrico Vallejo , G.R.No.
114656, May 9, 2002.
6. Ocampo v. People, G.R. No. 194129,
June 15, 2016
7. Pp. v. Rupella, G.R.No. 131516, March
2003
B. DOCUMENTARY EVIDENCE
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Workers Union, 167 Phil. 381
Section 8. Evidence admissible when
original document is a public
record.
Section 9. Party who calls for document
not bound to offer it.
3. Parol Evidence Rule
Section 9. Evidence of written 1. Sps. Paras v. Kimna Construction &
agreements. Dev. Corp., G.R. No. 171601, April 8,
2015
2. SPs. Abella v. Sps. Abella, G.R. No.
195066, July 8, 2015
4. Interpretation of Documents
Section 10. Interpretation of a writing
according to its legal meaning.
Section 11. Instrument construed so as to
give effect to all provisions.
Section 12. Interpretation according to
intention; general and particular
provisions. —
Section 13. Interpretation according to
circumstances. —
Section 14. Peculiar signification of terms.
—
Section 15. Written words control printed.
—
Section 16. Experts and interpreters to be
used in explaining certain writings.
Section 17. Of Two constructions, which
preferred.
Section 18. Construction in favor of natural
right. —
Section 19. Interpretation according to
usage. —
C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 20. Witnesses; their qualifications.
Section 21. Disqualification by reason of
mental incapacity or immaturity.
Section 22. Disqualification by reason of
marriage.
Section 23. Disqualification by reason of
death or insanity of adverse
party.
Section 24. Disqualification by reason of
privileged communication.
(a)
(b)
(c)
(d)
(e)
2. Testimonial Privilege
Section 25. Parental and filial privilege. —
3. Admissions and Confessions
Section 26. Admission of a party. —
Section 27. Offer of compromise not
admissible. —
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Section 28. Admission by third party. —
Section 29. Admission by co-
partner or agent. —
Section 30. Admission by conspirator.
Section 31. Admission by privies. —
Section 32. Admission by silence. —
Section 33. Confession. —
4. Previous Conduct as Evidence
Section 34. Similar acts as evidence.
Section 35. Unaccepted offer. —
5. Testimonial Knowledge
7. Opinion Rule
Section 48. General rule. —
Section 49. Opinion of expert witness. —
Section 50. Opinion of ordinary witnesses. —
(a)
(b)
(c)
8. Character Evidence
Section 51. Character evidence not
generally admissible; exceptions:
(a) In Criminal Cases:
(1)
(2)
(3)
(b) In Civil Cases:
(c) In the case provided for in Rule
132, Section 14, (46a, 47a)
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RULE 132 - Presentation of Evidence
A. EXAMINATION OF WITNESSES
Section 1. Examination to be done in open
court.
Section 2. Proceedings to be recorded.
Section 3. Rights and obligations of a
witness.
(1)
(2)
(3)
(4)
(5)
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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. (20a)
Section 20. Proof of private document.
(a)
(b)
Section 21. When evidence of authenticity of
private document not necessary.
Section 22. How genuineness of handwriting
proved.
Section 23. Public documents as evidence.
Section 24. Proof of official record.
Section 25. What attestation of copy must
state.
Section 26. Irremovability of public record.
Section 27. Public record of a private
document.
Section 28. Proof of lack of record.
Section 29. How judicial record impeached.
Section 30. Proof of notarial documents.
Section 31. Alteration in document, how to
explain.
Section 32. Seal.
Section 33. Documentary evidence in an
unofficial language.
C. OFFER AND OBJECTION
Section 34. Offer of evidence. —
Section 35. When to make offer. —
Section 36. Objection. —
Section 37. When repetition of objection
unnecessary. —
Section 38. Ruling. —
Section 39. Striking out answer.
Section 40. Tender of excluded
evidence. —
RULE 133
Weight and Sufficiency of Evidence
Section 1. Preponderance of evidence, how
determined.
Section 2. Proof beyond reasonable doubt.
Section 3. Extrajudicial confession, not
sufficient ground for conviction.
Section 4. Circumstantial evidence, when
sufficient.
(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
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conviction beyond reasonable doubt.