LAW 4: RULES ON EVIDENCE

REVIEW

EVIDENCE  is the means sanctioned by these Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

 It is ADMISSIBLE when it is RELEVANT to the issue and is not excluded by the law or these rules.

*This applies only in a Judicial Proceeding – a proceeding in a regular court.

RULE ON RELEVANCY - “Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-
existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the
probability or improbability of the fact in issue.”

KINDS OF EVIDENCE

1. Direct Evidence  on which proves the existence or non-existence of the fact in issue directly without the aid of any
inference or presumption.

2. Indirect/Circumstantial Evidence  which is also known as circumstantial evidence consists of inferences drawn from the
facts known.
It is established by simple deduction based on a reasonable inference from a series of facts or
circumstances. It is admitted if it tends in any reasonable degree to establish the probability or
improbability of the fact in issue.

3. Relevant Evidence  is evidence having any value in reason as tending to prove any matter probable in an action. It has
tendency in reason to establish the probability or improbability of the fact in issue.

* Evidence might be immaterial, but it can still be admitted on the ground of relevancy.

4. Material Evidence  Evidence is material when it is directed to prove a fact in issue as determined by the rules of
substantive law and pleadings.

5. Competent Evidence  Evidence is competent when it is not excluded by law in a particular case.

6. Primary Evidence or Best Evidence  is that which the law regards as affording the greatest certainty on the fact in question.
It most certainly exhibits the fact in question.

7. Secondary Evidence  It is inferior or substitutionary evidence which indicates the existence of more original source of
information. It is permitted only when the best evidence is not available. It is not necessarily a rule of exclusion but merely
affects the weight of evidence.

8. Expert Evidence  It is the testimony of one possessing, in regard to a particular subject or department of human activity,
knowledge not usually acquired by other person.

9. Prima Facie Evidence  It is an evidence which standing alone unexplained or uncontroverted, is sufficient to maintain the
proposition affirmed.

10. Conclusive Evidence  It is evidence which is incontrovertible. It admits no proof to the contrary.

11. Cumulative Evidence  If the evidence is of the same kind and character as that already given and tends to prove the same
proposition.

12. Corroborative Evidence It is an additional evidence of a different kind and character tending to prove the same point.

13. Positive Evidence  It is positive when the witness affirms that a fact did or did not occur.

14. Negative Evidence  It is negative when the witness states that he did not see or know the occurrence of a fact.

15. Object Evidence  It is defined as evidence addressed to the senses of the court - something that you can see, touch or hear.
 This is also known as Real Evidence, Demonstrative Evidence or Autopic Proference.

16. Testimonial Evidence  Evidence furnished by the testimony of man which may be oral or written.
 If the testimony is oral, the technical term used under the Rules on Evidence is Parol Evidence.
 If the testimony is written, it is Documentary Evidence.

17. Rebutting Evidence  is an evidence given to repel, counteract or disprove facts proved by the other side. Normally, when
the defendant presents evidence, he is in effect, rebutting the prima facie evidence of the plaintiff. After that, the plaintiff is
given the chance to present rebuttal evidence to disprove the defense.

EQUIPONDERANCE OF EVIDENCE RULE

RULES ON EVIDENCE -- Emerson Rey Giendel S. Avila Page 1

  It states that when the scale shall stand upon an 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/accused.
 Under the said principle, the plaintiff must rely on the strength of his evidence and not on the weakness of
defendant’s claim. Even if the evidence of the plaintiff may be stronger than that of the defendant, there is no
preponderance of evidence on his side if such evidence is insufficient in itself to establish his cause of action.

Difference between Evidence and Proof:

Evidence is the means of proof.
Proof is the effect of evidence, the establishment of fact by evidence.

Difference between Factum Probandum and Factum Probans:

Factum Probandum  is the ultimate fact or the fact to be established. It must be stated in the pleadings

Factum Probans  is the evidentiary fact, or the fact by which the factum probandum is established. This should not be
found in the pleadings but brought out during the trial.

*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.

The evidence is admissible only if:

a. it is relevant to the issue, and
b. it is not excluded by any of the rules of evidence.

Q: Is there any difference between admissibility and credibility?

A: Yes. Admissibility is determined by the concurrence of the two requisites of relevancy and competency; Credibility is a matter for
the court to appreciate.

Q: If evidence is admissible, does it follow that it has probative value?

A: No, because admissibility of evidence has nothing to do with its probative value or weight. In fact, its admission is not a guarantee
of its being considered or believed by the Court. Whether evidence has any weight is dependent upon the Court.

Evidence obtained by Entrapment is ADMISSIBLE which is legal.

Evidence obtained through instigation is INADMISSIBLE because it was illegally obtained.

Q: Is evidence obtained without Search Warrant admissible?

A: As a rule, NO, illegally obtained evidence is inadmissible because it is the fruit of the poisonous tree. The exception is when he
was in Flagrante Delicto.

Q: Is evidence obtained through uncounselled confession admissible?

A: No, because it is in violation of the Constitution. It is inadmissible.

Q: Is the tape recording of private conversation admissible in evidence?

A: No. because it is violation of R.A. 4200 or Anti-Wiretapping Law.

TYPES OF ADMISSIBILITY

1. MULTIPLE ADMISSIBILITY OF EVIDENCE

 It means that evidence is relevant and competent for two or more purposes. It was said that if evidence is relevant and
competent for two purposes, such will be received if it satisfies all the requirements prescribed by law in order that it may be
admissible for the purpose for which it is presented, even if it does not satisfy the other requisites for its admissibility for other
purposes.

2. CONDITIONAL ADMISSIBILITY OF EVIDENCE

 It means that evidence that which appears to be immaterial is admitted by the Court subject to the condition that its
connection with other facts subsequently to be proven will be established.

3. CURATIVE ADMISSIBILITY means the evidence, otherwise improper, is admitted to contradict improper evidence
introduced by the other party.

CONCEPT OF COLLATERAL MATTERS

They are those other than the facts in issue and which are offered as a basis for inference as to the existence or non-
existence of the facts in issue.

Collateral matters are not allowed, EXCEPT when they tend in any reasonable degree to establish the
probability or improbability of the fact in issue.

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CLASSIFICATIONS OF COLLATERAL MATTERS
1. Prospectant Collateral Matters  are those preceding of the fact in issue but pointing forward to it, like moral character,
motive, conspiracy, etc.

2. Concomitant Collateral Matters  are those accompanying the fact in issue and pointing to it, like alibi or opportunity and
incompatibility.

3. Retrospectant Collateral Matters are those succeeding the fact in issue but pointing backward to it, like flight and
concealment, behavior of the accused upon being arrested, finger prints or foot prints, articles left at the scene of the crime
which may identify the culprit.

MATTERS WHICH DO NOT HAVE TO BE PROVEN IN COURT

1. Judicial Notice  means matters which are already within the realm of Judicial Notice.

2. Judicial Admissions  facts which are already judicially admitted by the other party.

3. Presumptions  facts which are presumed by law.

JUDICIAL NOTICE  means the cognizance which courts may take, without proof, of facts which they are bound or are supposed
to know by virtue of their office.
Its function is to displace evidence since, as it stands for proof, it fulfills the object which evidence
is designed to fulfill and makes evidence unnecessary.
It is based upon obvious reasons of convenience and expediency and operates to save trouble,
expense, and time which would be lost in establishing, in the ordinary way, facts which do not admit
contradictions.

THREE TYPES OF JUDICIAL NOTICE

1. Mandatory Judicial Notice  It means that the court shall take judicial notice, without the introduction of evidence of the
existence and territorial extent of the states, their political history, forms of government and symbols of
nationality, the law of nations, the admiralty and maritime courts of the worlds and their seals, the
political constitution and history of the Philippines, the official acts of the legislative, executive and
judicial departments of the Philippines, the law of nature, the measure of time, and the geographical
divisions.

2. Discretionary Judicial Notice  It means that a court MAY or MAY NOT take Judicial Notice of matters which are of public
knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of
their judicial functions.

3. Judicial Notice When Hearing Necessary  On the Court’s initiative or on request of a party, the court may hear the parties on
whether or not they will agree on the action to be taken by the court.
 Hearing may be done during trial, after trial, before judgment or on appeal.

Q: Is there a difference between actual knowledge and judicial notice?

A: Yes. A fact may be personally known to a judge and yet improper for judicial notice, in the same manner that a fact may be
personally unknown to the judge and yet proper for judicial notice.

JUDICIAL ADMISSIONS  is any admission, verbal or written, made by a party in the course of the proceedings in the
same case. The said admission may be contradicted only showing that it was made through
palpable mistake or that no such admission was made.
*The said admissions, if made by counsel during the trial, are binding and conclusive on his client.

EXTRA-JUDICIAL CONFESSION is ADMISSIBLE against the maker and is INCOMPETENT evidence against
his co-accused, with respect to who it is hearsay.

MATTERS THAT ARE TO BE TAKEN WITH MANDATORY JUDICIAL NOTICE

1. Existence and Territorial extent of the States, their political history, forms of government and symbols of nationality;
2. The law of nations;
3. The admiralty and maritime courts of the world and their seals;
4. The political constitution and history of the Philippines;
5. The official acts of the legislative, executive and judicial departments of the Philippines;
6. The law of nature;
7. the measure of time and
8. The geographical divisions.

***A court may take judicial notice of matters which are of public knowledge, or are capable of unquestionable demonstration, or
ought to be known to judges because of their judicial functions.

***An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof.

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 RULES OF ADMISSIBILITY

CLASSES OF EVIDENCE
1. Real Evidence
2. Documentary Evidence
3. Testimonial Evidence

A. OBJECT OR REAL EVIDENCE

 Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue,
it may be exhibited to, examined or viewed by the court. This is the best and highest proof.
The purpose of object evidence is to prove the existence of the condition of the situation, or condition of a thing or
object.

Classifications of the Object Evidence

1. That which contains in the exhibition or production of the object inside or outside the courtroom;
2. That which consists in the inspection of the object outside the courtroom; and
3. That which consists in the making of an experiment.

Other Classifications of Object Evidence

1. Demonstrative or Illustrative Evidence  evidence which is imparted to the senses of the court with the aid of
testimony.

2. Real or Object Evidence  an evidence which imparted directly to the senses of the court without the
intervention of the testimony.

INSTANCES WHEN COURT MAY DISALLOW THE OBJECT AS EVIDENCE

1. When the object is irrelevant to the fact in issue;
2. Indecent or improper objects should be excluded unless the same is necessary for ascertaining the truth; and
3. Repulsive objects should also be excluded, if not absolutely necessary for the administration of justice.

B. DOCUMENTARY EVIDENCE
 Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols
or other modes of written expressions offered as proof of their contents.

1. BEST EVIDENCE RULE

 It states that when the subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself.
 It is also known as Rule of Exclusion because in order to prove the contents of the document,
one must produce the original. Any other evidence is not allowed other than the original
document.

General Rule: No evidence shall be admissible other than the document itself. Oral Testimony, even if the contents
are memorized verbatim, is objectionable. Eve a photocopy is NOT ALLOWED. The
ORIGINAL must be presented.

Exceptions: 1. When the original has been lost or destroyed, or cannot be produced in court, without bad faith on
the part of the offeror;

2. 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;

3.When the original document 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

4. When the original is a public record in the custody of a public officer or is recorded in a
public office.
Example: Birth Certificate

THE FOLLOWING ARE CONSIDERED AS ORIGINALS OF A DOCUMENT

1. When the original of a 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.

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 2. SECONDARY EVIDENCE
 When the original document has been lost or destroyed, or cannot be produced in Court, the
offeror, upon proof of its execution or existence and the cause of its unavailability without bad
faith on his part, may prove its contents:

a. by a copy, or
b. by a recital of its contents in some authentic document, or
c. by the testimony of witnesses, in the order stated.

*Requisites before Secondary Evidence can be Presented*

1. It must be shown that an original was indeed duly executed;
2. That such original has been lost, destroyed or accounted for, without bad faith on the part of the offeror; and
3. If there are several copies, all must be accounted for.

***If the document is in the custody or under the control of the adverse party, he must have reasonable notice to
produce it. If after such notice and after satisfactory proof of its existence, he fails to produce the document, secondary
evidence may be presented as in the case of its loss.

***When the original of a document is in the custody of a public officer or is recorded in a public office, its contents may be
proved by a certified copy by the public officer in custody thereof.

***A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.

3. PAROL EVIDENCE RULE (Oral or Verbal Testimony)

 This is also known as Extrinsic Evidence or Evidence Aliunde.

General 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.
* The term “Agreement” includes “WILLS”.

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

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

INTRINSIC AMBIGUITY means that by looking at the instrument or contract, there

seems to be no wrong. But when you look at the property, the ambiguity arises.

EXTRINSIC OR PATENT AMBIGUITY

 it is an ambiguity which appears on the face of the writing
or agreement itself. The ambiguity is obvious.

IMPERFECTION  it simply means that the writing is incomplete, and does not show
the whole agreement of the parties but defines only some of its items.

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.
*These are the Subsequent Oral Agreements

***While the Parol Evidence is admissible in a variety of ways to explain the meaning of written contracts, it cannot serve
the purpose of incorporating into the contract additional contemporaneous conditions which are not mentioned at all in
writing, UNLESS there has been fraud or mistake.

*** Parol Evidence is admissible to show that a contract was fraudulently misread to one not able to read and write and
that he was by such fraud induced to give his signature that were it not for the misrepresentation, he would not have signed
the document.

REASON WHY PAROL EVIDENCE IS NOT ADMISSIBLE

When the parties have reduced their writing into agreement, it is presumed that they have made the document the only
repository and proof of the truth and whatever is not found in the document is understood to have been waived or abandoned.
The applicability of Parol Evidence Rule applies to an agreement in writing, regardless of whether the written contract is a
public or private document.

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DIFFERENTIATE BEST EVIDENCE RULE FROM PAROL EVIDENCE RULE
BEST EVIDENCE RULE PAROL EVIDENCE RULE
1.The issue is the CONTENTS of the documents 1.The issue is whether or not a party is ADDING OR
MODIFYING THE TERMS of the written agreement.
2. It prohibits the offer of SECONDARY EVIDENCE to 2. It prohibits the offer of ORAL EVIDENCE if the
prove the contents of a writing or document, unless the purpose is to change, vary, modify, qualify, add or
case falls under any of the exceptions. contradict the terms of a complete written agreement,
UNLESS the case falls under any of the exceptions.
3. Any party to the case may invoke this. 3. Only the parties to the document and their successors in
interest may invoke this.
4. This applies to any document. 4. This applies only to agreements although the word
“agreement” includes wills.

4. INTERPRETATION OF DOCUMENTS
The language of a writing is to be interpreted according to the legal meaning it bears in the place
of its execution, UNLESS the parties intended otherwise.

The language of writing is to be interpreted according to the legal meaning it bears in the place of
its execution, UNLESS the parties intended otherwise.

In the interpretation of the instrument, the intention of the parties is to be pursued; and when a
general and a particular provision are inconsistent, the particular provision prevails.

*** In the construction of an instrument where there are several provisions or particulars, such a
construction is, if possible, to be adopted as will give effect to all.

C. TESTIMONIAL EVIDENCE

 This may be ORAL or IN WRITING like a deposition.

1. QUALIFICATION OF WITNESSES

Q: Who may be witnesses?

A: All persons who can perceive, and perceiving, and can make known their perception to others, may be witnesses.

***A witness may not be disqualified on the ground of political, or religious belief or interest in the outcome of the cases, or
conviction of a crime UNLESS otherwise provided by law, shall not be a ground for disqualification.

Q: Is a blind person qualified to become a witness?

A: Yes, for as long as what is to be asked is not on what he saw.

Q: Is a deaf-mute qualified to be a witness?

A: Yes. He can still communicate through sign language.

A prospective witness must show four qualities or abilities, namely:

a. to observe  the testimonial quality of perception;
b. to remember  the testimonial quality of memory;
c. to relate  the testimonial quality of narration; and
d. to recognize a duty to tell the truth  the testimonial quality of sincerity

PERSONS NOT CAPABLE TO BE A WITNESS BY REASON OF MENTAL INCAPACITY OR IMMATURITY

1. 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;
2. 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.

BASIC REQUIREMENTS OF A CHILD’S COMPETENCY AS A WITNESS

1. They have the capacity of observation;
2. Capacity of recollection and
3. Capacity of communication.

Q: May the spouses testify against each other? Is the rule absolute?
A: 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. (MARITAL DISQUALIFICATION RULE)

RULE ON DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF AN ADVERSE PARTY

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 It states that parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or
administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the
estate of such deceased person or against such person of an 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. (SURVIVOR’S DISQUALIFICATION RULE or
DEAD MAN’S STATUTE)

THE FOLLOWING PERSONS CANNOT TESTIFY BY REASON OF PRIVILEGED COMMUNICATION

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);

DIFFERENTIATE MARITAL DISQUALIFICATION RULE FROM MARITAL COMMUNICATION RULE

MARITAL DISQUALIFICATION RULE MARITAL COMMUNICATION RULE
1. It requires that one of the spouses be party to a case. 1. It does not require that one of the spouses be a party to a
case.
2. It applies to any act. 2. It refers only to confidential communications during the
marriage.
3. It is claimable only during the marriage. 3. It is claimable during the or afterwards (even if the
marriage is already dissolved).What is important is that
the communication was made or given while they were
still married.

2. An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his
advise given 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 a fact the knowledge of which has been
acquired in such capacity (ATTORNEY-CLIENT PRIVILEGED COMMUNICATION) ;

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 (PRIVILEGE OF PHYSICIAN AND PATIENT);

* In order to have an Attorney-Client Relationship, it is not necessary that there be a case. Even the mere giving of a
legal advice is covered.

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 minister or priest belongs (PRIVILEGE BETWEEN THE PRIEST AND THE PENITENT);

5. A public officer cannot be examined during his term of office or afterwards, as to any communication made to him in official
confidence, when the Court finds that the public interest would suffer by the disclosure (PRIVILEGE OF STATE
SECRETS).

2. TESTIMONIAL PRIVILEGE

***No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants. Unless the
testimony is voluntarily given by the child witness.

Reason: To preserve the sacred sentiments between members of the same family.

Parental Privilege  means that witness cannot be compelled to testify against his child or other direct descendant.

Filial Privilege  means the witness cannot be compelled to testify against his parents or other direct ascendants.

3. ADMISSIONS AND CONFESSIONS

A. ADMISSION OF A PARTY is the act, declaration or omission of a party as to a relevant fact may be given in evidence
against him.
 It may be by act, verbal or written statements.

EXAMPLES OF ACTS, DECLARATIONS OR OMISSIONS OF A PART WHICH MAY BE GIVEN IN EVIDENCE AGAINST
HIM
1. Flight, which is inconsistent with innocence of the accused;
2. Failure to deny charges despite the fact that he was confronted twice;

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 3. The fact that the driver stated before the police that he ran over an old man;
4. Spontaneous statements made not be elicited through investigation or questioning but given in ordinary manner where
accused orally admitted that he killed the victims.

General Rule: The admissions of a person may not prejudice the rights of another.

Exceptions: 1. 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 or other than such act or declaration;

2.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;

3. 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.

SELF-SERVING EVIDENCE  is an admission favorable to the party making it. However, it is INADMISSIBLE in evidence for
or to favor him but can be used against him
 It cannot be used in favor of the accused but can be used against the accused. It is
because a person can be believed when he says something against himself, but not when he says
something in favor his own interest

*CLASSIFICATIONS/TYPES OF ADMISSION*

1. Judicial Admission  This is an admission, verbal or written, made by a party in the judicial proceeding under consideration.

Judicial Admission may be classified as:

a. Formal  admissions made in WRITING, such as pleadings, motions, or stipulation of fact.
b. Informal  admissions made ORALLY, in the course of the testimony of a party or his
witnesses or statement of a counsel.

2. Extra-judicial Admission  it is an admission made OUT OF COURT, or in a judicial proceeding other than the one in
consideration.

Extra-judicial Admission may be made either by:

a. Express  those made in a definite, certain and unequivocal language.
b. Implied  those which may be INFERRED from the act, conduct, declaration, silence or
omission of a party.

*PRINCIPLES WHICH SHOW IMPLIED ADMISSION*

1. LACHES  is an unreasonable delay in the prosecution of a suit, civil or criminal. It gives rise to an implied admission of lack of
merit because a person really aggrieved will lose no time in seeking redress for his grievances.

2. FLIGHT AND CONCEALMENT  this is an implied admission of guilt. It is evidence on collateral matters which shows the
probability or improbability of the fact in issue. It is a SUBSEQUENT COLLATERAL MATTER
because after the commission of the crime, the offender runs away.

3. INFLUENCE  An attempt to influence witnesses, whether the influence tended to bring forth false testimony or to suppress
evidence, is an implied admission by the party making it that he has NO CASE, for is he had, it
would not be necessary to fabricate or suppress evidence.

4. Efforts of the accused to have the case dropped through the help of relatives and various influential people is a strong indication of
guilt, for the innocent depends on the strength of his case.

5. The unreasonable refusal of the plaintiff in personal injury cases to submit to a physical or medical is evidence bearing upon his
good faith.

6. A change for the better in the financial condition of a person accused of a crime involving money, immediately or shortly after the
date of the crime.
7. Emotion

B. OFFER OF A COMPROMISE

IN CIVIL CASES: An offer of compromise is NOT admission of any liability, and is not admissible in evidence against the offerror.

IN CRIMINAL CASES: An offer of compromise by the accused may be received in evidence as an implied admission of guilt.

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 EXCEPT: Those involving quasi-offense (criminal negligence), or those allowed by
law to be compromised.
* This is to encourage humanitarian gesture.
C. ADMISSION BY A PARTY is also known as RES INTER ALIOS ACTA RULE.
This means that the rights of a party cannot be prejudiced by an act, declaration, or
omission of another.
EXCEPT: In cases of a partnership, agency, conspiracy and joint interest.

D. ADMISSION BY CO-PARTNER OR AGENT

It means that 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 or omission.

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

F. ADMISSION 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.

G. ADMISSION BY SILENCE states that it is an act or declaration made in the presence and within 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.
 This is also known as ADOPTIVE ADMISSION.

EXCEPTIONS: The following instances, silence does not mean admission.

1. When no good reason exists for the party to comment on the act or declaration;
2. Where the act or declaration was made in the course of an official investigation; and
3. Wherein the silence is upon advice of the lawyer.

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

DISTINGUISH AN ADMISSION FROM CONFESSION

ADMISSION CONFESSION
1. It is a statement of fact without necessarily 1. It is an acknowledgment of the guilt of the offense
acknowledging guilt. charged.
2. It may be express or implied. 2. It must be express.
3. It applies to both civil and criminal cases. 3. It applies only to both criminal cases.

HEARSAY RULE: This states that a witness can testify only to those facts which he knows of his personal knowledge; that is, which
are derived from his own perception. It is because the adverse party is deprived of the opportunity to
confront and examine the witness.

EXCEPTIONS TO THE HEARSAY RULE:

1. DYING DECLARATION  is also known as ANTE MORTEM STATEMENT.

 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, as evidence of the cause and surrounding circumstances of such death.

2. DECLARATION AGAINST INTEREST

 The declaration made by a person deceased, or unable to testify, against the
interest of the declarant, if the act 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 been 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 person.

* A person may be believed if he says something against his own interest; NOT if he says something that
is in his favor.

3. ACT OR 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

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 controversy, and the relationship between the two persons is shown by evidence other than such act or
declaration.

“PEDIGREE”  is the history of family descent which is transmitted from one generation to another
by both oral and written declarations and by tradition. It includes relationship, family genealogy, birth,
marriage, death, the dates when facts occurred, and the names of the relatives.

4. FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE

 the reputation or tradition existing in a family previous to the controversy, in respect to the pedigree
of any one of its members, may be received on evidence if the witness testifying thereon be also a
member of the family, either by affinity or consanguinity.
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.

5. COMMON REPUTATION  Common reputation existing previous to the controversy, respecting facts or general interest more
than thirty (30) 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.

6. PART OR RES GESTAE Statements made by a person while a startling occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the
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  is a Latin term means “thing done”; an “occurrence” or “transaction”.

TWO TYPES OF RES GESTAE STATEMENTS

a. SPONTABEOUS EXCLAMATIONS  these are the statements made by a person while startling occurrence is
taking place, or immediately prior, or subsequent thereto.

b. VERBAL ACTS  these are the statements accompanying an equivocal act material to the issue and giving its
legal significance.

7. ENTRIES IN THE COURSE OF BUSINESS

 Entries made at, or near the time of the transactions to which they refer, by 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 course of
business of duty.

8. 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.

9. COMMERCIAL LIKE AND THE LIST

 Evidence of statements of matters of interest to persons engaged in an occupation contained in the 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.

10. LEARNED TREATIES  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.

11. TESTIMONY OR DEPOSITIONS AT A FORMER PROCEEDING

The testimony or deposition of a witness deceased or unable to testify, given in a former case or proceeding,
judicial or administrative, involving the same parties and subject matter, may be given in evidence against the
adverse party who had the opportunity to cross-examine him.

GENERAL RULE: The opinion of a witness is not admissible.

EXCEPTIONS: 1. Opinion of an Expert Witness

 An opinion of a person who is an expert on any matter requiring special knowledge,
skill, experience or training which he is shown to possess.

2. Opinion of Ordinary Witness may be received in evidenced, regarding:

a. the identity of a person about whom he has adequate knowledge;

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 b. the handwriting with which he has sufficient familiarity;

c. the material sanity of a person with whom he is sufficiently acquainted

The ordinary witness may also testify on his impressions of the emotion, behavior,
condition or appearance of a person.

BURDEN OF PROOF AND PRESUMPTIONS

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 does not shift during the course of trial. It rests on the prosecution because of the
presumption of innocence.

BURDEN OF EVIDENCE is a duty resting upon a party, by means of evidence to create or meet a prima facie case.
 This shifts or passes from side to side as the trial progresses and evidence is produced.

PRESSUMPTIONS  is an inference as to the existence of a fact not actually known arising from its usual connection with another
which is known.
 They do not constitute evidence. They have no value as such. They only determine who should present
evidence. They merely aid in establishing a prima facie case.

TWO KINDS OF PRESUMPTIONS

1. Presumption of Facts  is an inference which leaves the trial court at liberty to infer certain
conclusions from a certain set of circumstances. This is not mandatory as the court has its liberty to lay its
inference.

2. Presumption of Law  is a presumption which the law allows to be drawn from ascertained
state of facts. This is mandatory. The court cannot disregard such presumption.

TWO TYPES OF PRESUMPTION OF LAW

1. CONCLUSIVE PRESUMPTIONS
 are presumptions which the law does not allow to be contradicted. They are
unrebuttable and admit no proof to the contrary.

2. DISPUTABLE PRESUMPTIONS
 are presumptions which are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence.

DOCTRINE OF ESTOPPEL  This is a kind of conclusive presumption.

 It states that when a person causes another to believe that something is true, and the latter is
relying upon it and acts upon such belief, the former cannot later on go against his own representation.

EXAMINATION OF WITNESSES

 Examination of witnesses presented in a trial court or hearing shall be done in open court and under oath or
affirmation. UNLESS the witness is incapacitated to speak, or the question calls for different mode of answer, the answers of witness
shall be given orally.

ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS

1. DIRECT EXAMINATION  is an examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.

2. CROSS-EXAMINATION  It happens after the termination of the direct examination.

The witness may be cross-examined as to any 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.

3. RE-DIRECT EXAMINATION  It happens after the cross-examination of the witness has been occurred. The witness may be
re-examined by the party calling him in order to explain or supplement his answers given during
the direct examination.

4. RE-CROSS EXAMINATION  This happens after 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.

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  After the examination of witness by both sides has been concluded, the witness cannot be recalled without
leave of court. The court may grant in its discretion as the interest of justice may require.

MISLEADING QUESTION  is a question which either:

a. assumes as true a fact not yet testified to by the witness; or
b. which is contrary to that which he was previously stated.
This is NOT allowed by law.

LEADING QUESTION  is a question which suggests to the witness the answer which the examining party desires. This is not
allowed.
EXCEPTIONS: Leading question is allowed in the following:
1. On cross-examination;
2. On preliminary matters;
3. When there is difficulty in getting a direct and intelligible answers,
such as a minor;
4. Of an Unwilling or hostile witness; or
5. Of a witness who is an adverse party.

IMPEACHMENT OF WITNESS

*A witness may be impeached by a party against whom he was called, by the following manner:
a. contradictory evidence, by evidence that his general reputation for truth, honesty, or
integrity is bad; or
b. by evidence that he has made at other times statements inconsistent with his present
testimony.

GENERAL RULE: A party may not impeach his own witness,

EXCEPTIONS: A party may impeach his own witness in the following instances:
a. . Of an Unwilling or hostile witness; or
b. Of a witness who is an adverse party.

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 having misled the party into calling him to the
witness stand.

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 they 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.

OFFER and OBJECTION

1.It is important to make an offer of evidence. Identifying the evidence during the trial and having marked it as an exhibit is not
enough. After the presentation of the testimonial evidences of the party, an offer of evidence of the documentary and object evidences
must be made. Evidence not formally offered shall not be considered by the court. This offer is also called formal offer of exhibits. If
the evidence is testimonial, the offer of the testimony must be made at the time the witness is called to testify. The offer is done orally
unless allowed by the court to be done in writing.

2. Objections to evidence must be made immediately after the offer is made. The time to object to documentary evidence is not when
it is marked as an exhibit but when formally offered. If objection is to a question asked, the objection should be made as soon as the
objection becomes apparent. If the offer is in writing, it shall be objected to within 3 days after the offer unless a different period is
allowed by the court.

3. The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to
inform itself on the question presented. The ruling however, shall always be made during the trial and at such time as will give the
party against whom it is made an opportunity to meet the situation presented by the ruling.

4. If a witness answers the question before the adverse party had the opportunity to voice fully its objection and the objection is found
to be meritorious, the court shall sustain the objection and order that the answer be stricken out of the record. On proper motion, the
court may also order the striking out of answers which are incompetent, irrelevant, or otherwise improper.

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 GOOD LUCK!!!

RULES ON EVIDENCE -- Emerson Rey Giendel S. Avila Page 13