Part 2 Evid

REMEDIAL LAW REVIEW - BAR 2 0 2 3 “ EVIDENCE
7. Hearsay and Exceptions to the Hearsay

EVIDENCE Rule
2019 AMENDMENTS TO THE 1989 REVISED 8. Opinion Rule
RULES ON EVIDENCE (A.M. No. 19-08-15-SC) 9. Character Evidence
G. Burden of Proof and Presumptions
Evidence defined. - Evidence is the means, (Rule 131)
sanctioned by these [R Jules, of ascertaining in a
judicial proceeding the truth respecting a matter H. Presentation of Evidence (Rule 132)
of fact. (1)
1. Examination of Witnesses
a) Rights and Obligations of a Witness
A. General Concepts b) Leading and Misleading Questions
1. Proof vs. Evidence c) Impeachment of Witnesses
2. Burden of Proof vs. Burden of Evidence 2. Authentication and Proof of Documents
3. Equipoise Rule a) Meaning of Authentication
B. Admissibility of Evidence (Rule 128) b) Classes of Documents
1. Requisites for Admissibility of c) Authentication of a Private Writing
Evidence d) Public Documents as Evidence; Proof
2. Relevance of Evidence and Collateral of Official Record
Matters 3. Offer and Objection
3. Multiple Admissibility a) When to Make an Offer
4. Conditional Admissibility b) When to Make an Objection
5. Curative Admissibility c) Tender of Excluded Evidence
6. Direct and Circumstantial Evidence I. Judicial Affidavit Rule (A.M. No. 12-8-8-
7. Positive and Negative Evidence SC)
8. Competent and Credible Evidence
C. Judicial Notice and Judicial J. Weight and Sufficiency of Evidence
Admissions (Rule 129) (Rule 133)
D. Object (Real) Evidence (Rule 130, A)

1. Requisites K. Rules on Electronic Evidence (A.M. No.
2. Exclusionary Rules 01-7-01-SC)
E. Documentary Evidence (Rule 130, B)
1. Definition
2. Original Document Rule A. General Concepts
3. Secondary Evidence 1. Proof vs. Evidence
4. Parol Evidence Rule 2. Burden of Proof vs. Burden of Evidence
F. Testimonial Evidence (Rule 130, C) 3. Equipoise Rule
1. Qualifications of Witnesses Proof is the result or effect of evidence while

2. Disqualifications of Witnesses evidence is the mode and manner of proving
a) Disqualification by Reason of Marriage competent facts in judicial proceedings.
b) Disqualification by Reason of
Privileged Communications;
Rule on Third Parties What does the burden of proof mean? Explain.
c) Parental and Filial Privilege Rule Burden of proof is the duty to establish the truth
d) Privilege Relating to Trade Secrets of a given proposition or issue by a such
3. Testimonial Privilege quantum of
4. Admissions and Confessions evidence as the law demands in the case in
5. Previous Conduct as Evidence which the issue arises. Burden of proof never
6. Testimonial Knowledge shifts.
In civil cases, the burden of proof is on the plaintiff 3. Multiple Admissibility

to establish his case by a preponderance of the 4. Conditional Admissibility
evidence, 5. Curative Admissibility
i.e., the superior weight of evidence on the 6. Direct and Circumstantial Evidence
issues involved.2 "Preponderance of 7. Positive and Negative Evidence
evidence" means evidence 8. Competent and Credible Evidence
that is of greater weight or more convincing
than that which is offered in opposition to it.3
(Republic vs. De Borja, Requisites for Admissibility of Evidence
G.R. No. 187448, 9 January 2017)(First
Division)[Caguioa, J.].
The burden of evidence is the duty of a party to a. Relevant to the issue; and
present evidence sufficient to establish or • When the evidence has such a relation
rebut a fact in anissue to establish a prima facie to the fact in issue as to induce belief
case. The burden of evidence may shift from inits existence or non-existence [Sec. 4,
one party to the other in the course of the Rule 128]
proceedings, depending on the exigencies of
the case. b. Not excluded by the Constitution, the law
or the ROC (“competent”) [Sec. 3, Rule
The burden of proof is generally determined 128
by the pleadings filed by the party; the burden
of evidence is generally determined by the All evidence must be offered orally. [Sec. 35, Rule
developments at the trial, or by the provisions 132] Offer of testimonial evidence—made at the
of the substantive law or procedural rules time the witness is called to testify # Offer of
which may relieve the party from presenting documentary and object evidence—made after the
evidence on the fact alleged, i.e., presentation of a party’s testimonial evidence
presumptions, judicial notice and admissions
Relevancy
Equipoise Rule or Equipoise Doctrine
The doctrine refers to the situation where the Evidence is relevant when it has “such a
evidence of the parties are evenly balanced or relation to the fact in issue as to induce belief
there is doubt on which side the evidence in its existence or non-existence” [Sec. 4, Rule
preponderates. In this case, the decision 128]
should be against the party with the burden of
proof (e.g., evidence as to the age of a person who
has been raped is relevant in a situation where
[Rivera v. C.A., G.R. No. 115625 (1998); the age would qualify the offence to statutory
Marubeni v. Lirag, G.R. No. 130998, (2001)] rape)
Determinable by the rules of logic and human
In criminal cases, the equipoise rule provides experience
that where the evidence is evenly balanced,
the constitutional presumption of innocence Collateral matters
tilts the scales in favor of the accused [Malana Matters other than the fact in issue and which
v. People, G.R. No. 173612, (2008) are offered as a basis for inference as to the
existence or non-existence of the facts in issue
[2 Regalado 708, 2008 Ed.]
B. Admissibility of Evidence (Rule 128)
General rule: Evidence on collateral matters is
1. Requisites for Admissibility of Evidence NOT allowed
2. Relevance of Evidence and Collateral Exceptions: When it tends in any reasonable
Matters degree to establish the probability or
improbability of the fact in issue [Sec. 4, Rule Positive and Negative Evidence
128] Positive evidence Witness affirms that a certain
state of facts did exist or that a certain event
Multiple Admissibility happened.
Where the evidence is relevant and competent Negative evidence Witness states he/she did not
for two or more purposes, such evidence see or does not know of the occurrence of a
should be admitted for any or all the purposes fact
for which it is offered, provided it satisfies all
the requisites of law for its admissibility
therefor Competent and Credible Evidence
Conditional Admissibility Competent Not excluded by the Constitution, the

Where the evidence at the time of its offer law, or the Rules
appears to be immaterial or irrelevant unless it
is connected with the other facts to be Credible It is not determined mathematically by the
subsequently proved, such evidence may be numerical superiority of the witnesses testifying to
received on condition that the other facts will be a given fact, but depends upon its practical effect
proved thereafter; otherwise, the evidence in inducing belief on the part of the judge trying the
already given shall be stricken out case
Example: a copy of a writing may not be

considered competent evidence until the C. Judicial Notice and Judicial Admissions
original is proven to be lost or destroyed (Rule 129)
Conditional admissibility requires no bad faith
on the part of the proponent. 1. Matters of Judicial Notice
e. Curative Admissibility Judicial Notice

The right of a party to introduce incompetent Judicial notice is the cognizance of certain
evidence in his behalf where the court has facts that judges may properly take and act on
admitted incompetent evdience adduced by without proof because these facts are already
the adverse party known to them. Put differently, it is the
assumption by a court of a fact without need of
e. Curative Admissibility further traditional evidentiary support.
The right of a party to introduce incompetent [Republic v. Sandiganbayan, G.R. No. 166859,
evidence in his behalf where the court has (2011)]
admitted incompetent evdience adduced by
the adverse party 2. What Need Not Be Proved
a. Facts of Judicial Notice
Direct and Circumstantial Evidence b. Judicial Admissions
Direct- Proves the fact in dispute without the aid of c. Conclusive Presumptions
any inference or presumption Note: Evidence is also not required when the
issue is purely a question of law. The definition
Circumstantial- Proof of facts from which, of “evidence” in Sec. 1, Rule 128 refers to “a
taken collectively, the matter of fact”.
existence of a particular fact
in dispute may be inferred 3. Judicial Admissions
as a necessary or probable In General
consequence To be a judicial admission, the same:
a. May be oral or written;
b. Must be made by a party to the case; and
c. Must be made in the course of the 3. Matters ought to be known to judges because
proceedings in the same case. of their judicial functions [Sec. 2, Rule 129]
[Sec. 4, Rule 129]
***Judicial notice is not judicial knowledge. The
Note: The admission, to be judicial, must be mere personal knowledge of the judge is not
made in the course of the proceedings in the the judicial knowledge of the court, and he is
same case. Thus, an admission made in not authorized to make his individual
another judicial proceeding will not be deemed knowledge of a fact, not generally or
a judicial admission in the case where the professionally known, the basis of his action
admission is not made. Instead, it will be
considered an extrajudicial admission for D. Object (Real) Evidence (Rule 130, A)
purposes of the other proceeding where such 1. Requisites
admission is offered [Riano 87, 2016 Ed.] 2. ***Exclusionary Rules
Possible exam question: Basic requisites for admissibility

a. Evidence must be relevant;
In criminal cases, all agreements or admissions b. Evidence must be authenticated by a
made or entered during the pre-trial conference competent witness;
shall be reduced in writing and signed by the c. Object must be formally offered [Sec. 34, Rule
accused and counsel, otherwise, they cannot 132]
be used against the accused [Sec. 2, Rule 118]
However, in the civil case instituted with the Search incidental to a lawful arrest, the law
criminal case, such admission will be admissible requires that there first be a lawful arrest before
against any other party. a search can be made- the process cannot be
reversed.
a. When Mandatory Exclusionary rules of evidence
1. Existence and territorial extent of states; 1. Constitutional exclusionary rules

2. Their political history, forms of government,
and symbols of nationality; Art III, Sec 2(unreasonable searches and
3. Law of nations; seizure)
4. Admiralty and maritime courts of the world and
their seals; Art III, Sec 3 (privacy of communication and
5. Political constitution and history of the correspondence)
Philippines; 6. Official acts of the legislative,
executive and judicial departments of the ✓ Inadmissible for any proceeding
National Government of the Philippines; a. Note:
the 2019 Amendment added the words “of the Art III, Sec 12 (right to counsel, prohibition on torture,
National Government of the Philippines” force, violence, threat, intimidation or other means
7. Laws of nature; which vitiate the free will; prohibition on secret
8. Measure of time; detention places, solitary, incommunicado)
9. Geographical divisions
✓ Inadmissible against the accused, but may
be used by the offended party in a suit for
b. When Discretionary damages against the violator
1. Matters of public knowledge; ✓ It is settled that for an extrajudicial confession

2. Matters capable of unquestionable to be admissible in evidence against the
demonstration; and accused, the same “must be (a) voluntary, (b)
made with the assistance of a competent and the information or charge was filed for an
independent counsel, (c) express, and (d) in offense penalized by a fine only. It may be
writing.” stated as a corollary
that neither can a warrantless arrest be made
2. Statutory exclusionary rules for such an offense.
✓ Any communication obtained by a person,
not being authorized by all the parties to any ****
private communication, by tapping any EXAM QUESTIONS:
wire/cable or using any other At the trial of Ace for violation of the
device/arrangement to secretly Dangerous Drugs Act, the prosecution offers
overhear/intercept/record such information
in evidence a photocopy of the marked
by using any device, shall not be admissible
P100.00 bills used in the “buy-bust” operation.
in evidence in any hearing or investigation
Ace objects to the introduction of the
[Secs. 1 and 4, R.A. 4200 (Wire-Tapping
Act)] photocopy on the ground that the Original
Document Rule prohibits the introduction of
3. Exclusions under the Rules on Evidence secondary evidence in lieu of the original
• Original document rule (previously best evidence
rule)
• Hearsay evidence rule a. Is the photocopy real (object) evidence
• Offer of compromise in civil cases or documentary evidence? A: The
photocopy of the marked bills is real (object)
4. Exclusions under Court issuances evidence and not documentary evidence,
because the marked bills are real evidence
✓ Rule on Electronic Evidence, e.g. compliance
with authentication requirements for
a. Is the photocopy real (object) evidence
electronic evidence
✓ Rule on Examination of a Child Witness, e.g.
or documentary evidence? A: The
sexual abuse shield rule photocopy of the marked bills is real (object)
✓ Judicial Affidavit Rule evidence and not documentary evidence,
because the marked bills are real evidence
Possible exam question:
EXCLUSIONARY RULES (RECOGNIZED EVIDENCE

EXCEPTION)
Q: In a DNA prosecution for rape, the defense
Search incidental to a lawful arrest. relied on Deoxyribonucleic Acid (DNA)
evidence showing that the semen found in the
In this instance, the law requires that there first be private part of the victim was not identical with
a lawful arrest
that of the accused. As private prosecutor,
before a search can be made — the process
how will you dispute the veracity and accuracy
cannot be reversed.
of the results of the DNA evidence? (2010 Bar)
In Picardal vs. People (G.R. No. 235749, 19 June
2019)(Second Division)[Caguioa, J.], the
petitioner was apprehended for violation of City A: As private prosecutor, I shall try to discredit
Ordinance No. 98-012, the failure to wear a the results of the DNA test by questioning and
crash helmet while riding a possibly impugning the integrity of the DNA
motorcycle is penalized by a fine only. Under profile by showing a flaw/error in obtaining the
the Rules of Court, a warrant of arrest need not biological sample, or in the chain of custody of
be issued if
the biological sample obtained; the testing
methodology employed; the scientific

standard observed; the forensic DNA 3. The turnover by the investigating officer of the
laboratory which conducted the test; and the illegal drug to the forensic chemist for
laboratory examination;
qualification, training and experience of the
forensic laboratory personnel who conducted
4. The turnover and submission of the marked
the DNA testing. illegal drug by the forensic chemist to the
court.
At the Public Attorney's Office station in What is the effect if the chain of custody has been
Taguig where you are assigned, your work broken?
requires you to act as public defender at the
local Regional Trial Court and to handle cases “Non-compliance by the apprehending/buy-bust
involving indigents. Still in another case, this team with Sec 21, of RA No. 9165 is not fatal as
time for illegal possession of dangerous drugs, long as there is justifiable ground therefor, and as
the prosecution has rested but you saw from long as the integrity and the evidentiary value of
the confiscated/seized items, are properly
the records that the illegal substance allegedly
preserved by the apprehending officer/team. Its
involved has not been identified by any of the
non-compliance will not render an accused's
prosecution witnesses nor has it been the arrest illegal or the items
subject of any stipulation. seized/confiscated from him inadmissible. What
is of utmost importance is
A: I will first file a motion for leave to file the preservation of thé integrity and the
demurrer to evidence within five (5) days from evidentiary value of the seized
the time the prosecution rested its case. If the items, as the same would be utilized in the
same is granted, then I will file a demurrer to determination of the guilt or innocence of the
evidence within ten (10) days from notice on accused.
the ground of insufficiency of evidence of the
prosecution (Sec. 23, Rule 119).
DNA
What are the requirements for DNA testing order?
The order for DNA testing shall issue after due

hearing and notice to the parties upon a showing
of the following:
CHAIN OF CUSTODY a) A biological sample exists that is relevant to the
case;
Chain of custody means the duly recorded, (b) The biological sample: (i) was not previously
authorized movements, and custody of the seized subjected to the type of DNA testing now
drugs at each stage, from the moment of requested; or (ii) was
confiscation to the receipt in the forensic previously subjected to DNA testing, but the
laboratory for examination until it is results may require confirmation for good
presented to the court. reasons;
(c) The DNA testing uses a scientifically valid
1. First, the seizure and marking of the technique;
confiscated (d) The DNA testing has the scientific potential to
drugs recovered from the accused, if produce new information that is relevant to the
practicable by the apprehending officer; proper resolution
of the case; and
2. The turnover of the illegal drug seized by the
apprehending officer to the investigating
officer;
(e) The existence of other factors, if any, which

the court may consider as potentially affecting When to raise the issue of DNA testing?
the accuracy or
integrity of the DNA testing. It must be brought during the proceedings
otherwise, it is deemed waived.
The Rule shall not preclude a DNA testing,
without need of a prior court order, at the behest
of any party, including law
enforcement agencies, before a suit or Is the issuance of a DNA testing order, a matter of
proceeding is commenced. right?
The issuance of a DNA testing order remains

discretionary upon the court. The
Q: Is DNA testing available in a petition for court may, for example, consider whether there is
correction of entries to absolute necessity for the DNA
impugn paternity of the child? testing. If there is already preponderance of
evidence to establish paternity and
No. Rule 108 of the Rules of Court charts the the DNA test result would only be corroborative,
procedure by which an entry in the the court may, in its discretion,
civil registry may be cancelled or corrected, and disallow a DNA testing. (Jesse U. Lucas vs. Jesus
the trial court has no jurisdiction S. Lucas, G.R. No. 190710, Second
to nullify marriages and rule on legitimacy and Division, June 6, 2011, Nachura, J.)
filiation in such petition much
less DNA testing.
What is the effect if the State failed to produce the
semen
Will non-paternity of the accused through DNA specimen?
Test negates the
crime of rape? A: Failure to produce the semen specimen not a
ground for acquittal.
No, pregnancy and the subsequent birth of child
are not elements of the crime of What is the nature of the DNA testing order?
rape. Moreover, non-paternity of the appellant
through DNA testing, if that be the Under the rules, an order granting the DNA testing
case, will not necessarily negate the crime of rape shall be immediately
as positively proved and executory and shall not be appealable.
established by credible testimony of the victim.
Impregnation is not an element of rape. Even the
proof that the child was What is the remedy in case of issuance of DNA
fathered by another man does not show that the Testing Order?
appellant is not guilty. For the
conviction of an accused, the pregnancy of the Any petition for certiorari initiated therefrom shall
victim is not required to be not, in any way, stay the
proved, since it is sufficient that the prosecution implementation thereof, unless a higher court
establish beyond reasonable issues an injunctive order.
doubt, as it had in this case, that the accused had
forced sexual relations with the Is taking of DNA samples from the party violates
victim. (People of the Philippines vs. Efren the right of the
Maglente y Cervantes, G.R. No. 179712, accused against self-incrimination?
June 27, 2008)
No, DNA samples taken from the party does not similar petition may be filed either in the Court of
violate the right of the accused Appeals or the Supreme Court,
against self-incrimination since it a only or with any member of said courts, which may
applicable in case of testimonial conduct a hearing thereon or
compulsion remand the petition to the court of origin and
issue the appropriate orders.
What are the possible remedies in case of refusal
to comply for
DNA testing? A similar petition may be filed either in:
Enter a default judgment at the request of the
appropriate party, or if a trial is 1) The Court of Appeals; or courts.
held, allow the disclosure of the fact of the refusal 2) The Supreme Court, or with any member of said
unless good cause is shown for
not disclosing the fact of refusal.
What are the courses of action of the court in case
When to avail a post-conviction DNA Testing? of favorable
What are the DNA Testing?
requirements?
Post-conviction DNA testing may be available, 1) Reverse or modify the judgment of conviction;
without need of prior court order, and
to the prosecution or any person convicted by 2) Order the release of the convict, unless
final and executory judgment continued detention is justified for a
provided that the following are present: lawful cause.
1) a biological sample exists;

Probative Value of the
2) such sample is relevant to the case; and 3) the DNA Evidence
testing would probably result in
the reversal or modification of the judgment of
conviction. What are the matters to be considered in the
assessment of the
probative value of DNA analysis as evidence?
Post-conviction DNA Testing Results: Remedy if
favorable: In assessing probative value of DNA evidence
therefor, courts should consider
Sec. 10 of the DNA Evidence Rule (A.M. No. 06 11- how the samples were collected, how they were
5-SC, October 15, 2007) handled, the possibility of
provides for the rule on the post-conviction DNA contamination of the samples, the procedure
Testing results and the remedy followed in analyzing the samples,
if favorable. It states that: whether the proper standards and procedures
The convict or the prosecution may file a petition were followed in conducting the
for a writ of habeas corpus in tests, and the qualification of the analyst who
the court of origin if the results of the post- conducted the tests.
conviction DNA testing are favorable
to the convict. In case the court, after due hearing,
finds the petition to be Q: What is the effect of DNA analysis based on
meritorious, it shall reverse or modify the contaminated
judgment of conviction and order the specimen?
release of the convict, unless continued detention
is justified for a lawful cause. A DNA analysis based on a contaminated specimen
is not conclusive.
containing letters, words, sounds, numbers,

When is a methodology of DNA Testing reliable? figures, symbols or their equivalent, or other
What are the modes of written expression offered as proof
requirements?
of their contents. Photographs include still
In evaluating whether the DNA testing
pictures, drawings, stored images, x-ray films,
methodology is reliable, the court shall consider
the following:
motion pictures or videos. (Rule 130, sec. 2)
1) The falsifiability of the principles or methods
used, that is, whether the theory or technique can 2. Requisites for admissibility a) The
be and document must be relevant; b) The evidence
has been tested; must be authenticated c) The document must
2) The subjection to peer review and publication be authenticated by a competent witness; d)
of the principles or methods; The document must be formally offered in
3) The general acceptance of the principles or evidence.
methods by the relevant scientific community; 4)
The
****Photographs may also fall under the
existence and maintenance of standards and
controls to ensure the correctness of data
category of documentary evidence for
generated; documentary evidence now covers
5) The existence of an appropriate reference “photographs” as long as offered as proof of
population database; and their contents.
6) The general degree of confidence attributed to
mathematical calculations used in comparing Original Document Rule
DNA
profiles and the significance and limitation of “ORIGINAL” of a document is the document
statistical calculations used in comparing DNA
itself or any counterpart intended to have the
profiles.
same effect by a person executing or issuing
What is the nature of the DNA profiles and results it. An "original" of a photograph includes the
of the person? negative or any print therefrom.
What is Exception?
DNA profiles and all results or other information
obtained from DNA testing shall When duplicate considered original
be confidential. Except upon order of the court.
A "duplicate" is a counterpart produced by the
same impression as the original,
or from the same matrix, or by means of
photography, including enlargements
E. Documentary Evidence (Rule 130, B)
and miniatures, or by mechanical or electronic
1. Definition re-recording, or by chemical
2. Original Document Rule reproduction, or by other equivalent
3. Secondary Evidence techniques which accurately reproduce the
4. Parol Evidence Rule original.
Documentary evidence consists of either: a) General Rule:

writings: b) any other material containing A duplicate is admissible to the same extent
modes of written expressions. as an original.
Documents as evidence consists of writings, XPNs:

recordings, photographs, or any material
a. a genuine question is raised as to the court without great loss of time and the fact
authenticity of the original, or sought to be established is only the general
b. in the circumstances, it is unjust or result of the whole (Section 7, Rule 130); and
inequitable to admit the duplicate in lieu
of the original.
(4) when the original document is a public
Restating the rule: If the subject of inquiry is record (Section 8, Rule 130).
the contents of a document there can be no
evidence of the contents other than the (5) When the original is not closely related to
original of the document. Thus, goes the a controlling issue.
ORIGINAL DOCUMENT RULE stated in
Section 3.
THE PAROL EVIDENCE RULE (Section 9,
When is the original presented? When the Rule 130)
subject of inquiry is the content/s of the The parol evidence rule forbids or prohibits
document. This means the cause of action or any attempt to vary, contradict, or modify the
defense is based on what are contained in the terms of a written agreement by the use of
document i.e. the terms and conditions, the testimonial/oral evidence.
entries, data or information written on the
document. This means the plaintiff is either
enforcing a right based on, or created, by a Exceptions: (IMTIS)
document or a party is seeking non-liability by
A. That there is an intrinsic ambiguity
virtue of the contents of a document.
The instrument/document itself is clear and
certain on its face Examples: (i) the donee is
What is secondary evidence? (LANPuC) described as “My uncle Tom” but the donor
Secondary evidence refers to any evidence to has several uncles named Tom (ii) the thing
prove the contents of a document other than sold is “my house and lot in Baguio City” but
the original. It maybe oral or written. the vendor has three houses and lots in
Under the rules, there are four instances Baguio City; (iii) the money shall be for the
where secondary evidence may be presented. tuition fee of my son “who is enrolled in UC”
These are: but it is the daughter who is enrolled in UC
while the son is enrolled in UB; (iv) the subject
(1) When the original has been lost, of the sale is the vendor’s “ two storey house
destroyed, or cannot be produced in court in Bakakeng” but what he has in Bakakeng is
without bad faith on the part of the offeror a grocery store and it is his house in Aurora
(Section 5, Rule 130); Hill which is two storeys.
(2) when the original is in the adverse party's B. That there was mistake or imperfection; 1.
custody or control. (Section 6, Rule 130); Imperfection includes situations of inaccurate
descriptions. There is mistake when a person
(3) when the original consists of numerous did or omitted because of an erroneous belief
accounts or other documents which cannot be or interpretation of a law or assessment of a
produced in fact, or due to ignorance, forgetfulness,
unconsciousness, or misplaced confidence.
The mistake must be of a fact and is mutual to
both the parties. Examples include situations
where: (a) both were in error as to the property or other modes of written expression,
sold and described in the deed of sale i.e. described or however represented, by which a
another property as the one involved and not right is established or an
that described in the document; (b) two obligation extinguished, or by which a fact may
persons were supposed to be witnesses but be proved and affirmed, which is received,
were named instead as parties; and (c) the recorded,
writing was incomplete when it mentioned only transmitted, stored processed, retrieved or
some but not all the terms agreed upon produced electronically. It includes digitally
signed documents and
any print-out or output, readable by sight or
C. That the written agreement failed to other means, which accurately reflects the
express the true intent and agreement of the electronic data message
parties; The deed maybe ambiguous or vague or electronic document. For purposes of these
either through ignorance, lack of skill or Rules, the term “electronic document” may be
negligence of the party/person who drafted the used
deed, or through the use of imprecise words. interchangeably with electronic data message
It may be cured through the remedy of
reformation of instrument. Examples include:
(1) the deed turned out to be a sale when the Rule 8 carries a long paragraph describing
intention was as a security; or (2) the deed certain electronically stored business data as
was a sale and not a special power of attorney. exceptions to the hearsay rule.
D. The validity of the agreement is put in issue; Section 1. Audio, video and similar evidence.
One or both parties assert that the agreement – Audio, photographic and video evidence of
or document is null and void or unenforceable events, acts or transactions shall be
for lack of the essential elements of a valid admissible provided is shall be shown,
contract presented or displayed to the court and shall
be identified, explained or authenticated by
E. In case of subsequent agreements- the the person who made the recording or by
terms and conditions being testified on were some other person competent to testify on the
agreed upon after the execution of the accuracy thereof.
document 1. As in the case of novation of the
document, in whole or in part; 2. Parties are Section 2. Ephemeral electronic
free to change or modify or abandon their communication. – Ephemeral electronic
written agreement in which case it is the latter communications shall be proven by the
which should given force and effect. testimony of a person who was a party to the
same or has personal knowledge thereof. In
the absence or unavailability of such
Possible exam question: witnesses, other competent evidence may be
Electronic Evidence admitted.
“Electronic document” refers to information or A recording of the telephone conversation or

the representation of information, data, ephemeral electronic communication shall be
figures, symbols covered by the immediately preceding section.
If the foregoing communications are recorded
or embodied in an electronic document, then
the provisions of Rule 5 shall apply. • Under
the Rules on Electronic Evidence, the (a) When there is a genuine question raised as
admissibility of audio, photographic and to the authenticity of the original; or
video evidence of events, acts or (b) In the circumstances it would be unjust or
inequitable to admit the copy in lieu of
transactions rests on
the original
• Their being identified by the person
who made the recording;
• Their being shown, presented or
displayed in court;
• Their being explained or authenticated ****
by some other person competent to EXAM QUESTIONS:
testify on the accuracy thereof Q: May a private document be offered, and
admitted in evidence both as documentary
evidence and as object evidence? Explain
What is considered as the Original of an (2005 Bar)
Electronic Document?(2001 Bar)
An electronic document shall be regarded as

A: Yes. A private document may be offered
the equivalent of an original document under
the Orig Document Rule if it is a printout or and admitted in evidence both as
output readable by sight or other means, documentary evidence and as object
shown to reflect the data evidence. A document can also be considered
accurately (Sec 1, Rule 4 of A.M. No. 01-7-01- as an object for purposes of a case. Objects
SC) as evidence are those addressed to the
senses of the court (Sec. 1, Rule 130)
When will an electronic document be Documents as evidence consist of writings,
considered original under the Orig Doc Rule? recordings, photographs or any material
If it is:
containing letters, words, sounds, numbers,
(1) A digitally signed document; or
figures, symbols, or their equivalent, or other
(2) Any print-out or output readable by sight;
(3) By any other means which accurately modes of written expression off ered as proof
reflects the electronic data message or of their contents. Photographs include still
electronic document pictures, drawings, stored images, x-ray films,
motion pictures or videos. (Sec. 2, Rule 130;
When is a copy of an electronic document Answered under the 2019 Amendments to the
equivalent to an Revised Rule on Evidence)
original?
(1) When a document is in two or more copies EXAM QUESTION

executed at or about the same time with
identical contents; or What is the effect if the documentary
(2) It is a counterpart produced by the same evidence is not formally offered?
impression as the original, or from the
same matrix, or by mechanical or electronic re-
recording, or by chemical It is inadmissible.
reproduction; or
(3) By other equivalent techniques which Exceptions
accurately reproduces the original.
XPNs to this rule: The cases of People v. Napat-a People v. Mate
Copies or duplicates shall not be admissible to and The Heirs of Romana Saves, et al.
the same extent as the original if:
v. The Heirs of Escolastico Saves, et al. receipt of the sum of money from the private
enumerated the requirements so that complainant to prove the amount of damage.
evidence, not previously offered, can be Accused objected to the offer of the photocopy
admitted, namely: on the sole ground that it is a mere
(1) the evidence must have been duly identified
reproduction of the original in violation of the
by testimony duly recorded
original document rule. The court overruled
(2) the evidence must have been incorporated
in the records of the case. the accused’s objection and admitted in
evidence the photocopy of the
acknowledgment receipt. Did the court err in
admitting the photocopy? Explain briefly. (5
points)
Is the printout of a photograph from your
mobile phone showing a fly in the soup
you ordered admissible evidence in an action Yes. The court erred in admitting the
for damages against the restaurant photocopy.
owner? Explain briefly.
Photocopies of acknowledgment receipts
which were used to prove that the accused
Yes, it is admissible as evidence received the amount are not sufficient to
sustain conviction for Estafa in the absence of
Under the rules on electronic evidence, any proof to corroborate the nonexistence of
the original documents.
Audio, video and similar evidence. –
Here, the prosecution did not even bother to
Audio, photographic and video evidence present any corroborating evidence to explain
of events, acts or transactions shall be the reason for the absence of the original
admissible provided is shall be shown, documents presented before the court. Thus,
presented or displayed to the court and they carry no evidentiary weight.
shall be identified, explained or
!!!!!!!!
authenticated by the person who made
the recording or by some other person
Klaus was drinking in front of his rented
competent to testify on the accuracy
apartment when he suddenly heard a gunshot
thereof. which came from inside the apartment owned
by Luther. Klaus then saw Igor, a neighbor,
provided it can be shown, presented or going down the stairs and leaving the scene
displayed to the court and shall be identified holding a gun. Klaus also witnessed Luther fall
explained or authenticated by the person who from the stairs with blood oozing from his
made the recording or by some other person chest. Vanya, Luther’s daughter, also rushed
competent to testify on the accuracy thereof to Luther when he fell. During Igor’s trial for
otherwise it is inadmissible in evidence. Murder, Vanya testified and presented a flash
drive containing the closed-circuit television
(CCTV) footages of the scene. Said footages
showed a man appearing to be Igor, armed
!!!!!!!
with PAGE 15 a gun, proceeding up the stairs
and entering Luther’s apartment. In the video,
In a case for Estafa, the prosecution offered
the same man was seen hastily leaving the
the photocopy of the acknowledgment receipt
premises. Vanya further testified that she was
signed by the accused showing personal
the one who transferred to the flash drive the

video footages from the barangay-owned
CCTV that was located outside their
F. Testimonial Evidence (Rule 130, C)
apartment. When the footages were played in
court and an enlarged screenshot was
1. Qualifications of Witnesses
presented, Vanya identified the shooter as 2. Disqualifications of Witnesses
Igor. The defense objected on the ground that a) Disqualification by Reason of Marriage
Vanya was not the recorder of the video b) Disqualification by Reason of Privileged
footages. Are the CCTV footages admissible Communications;
as electronic evidence? Explain briefly. (5 Rule on Third Parties
points) c) Parental and Filial Privilege Rule
d) Privilege Relating to Trade Secrets
SUGGESTED ANSWER 3. Testimonial Privilege
4. Admissions and Confessions
Yes, the CCTV footages are admissible as
5. Previous Conduct as Evidence
electronic evidence.
6. Testimonial Knowledge
In the case of People v. Manansala 7. Hearsay and Exceptions to the Hearsay
Audio, video and similar evidence. – Rule
Audio, photographic and video evidence 8. Opinion Rule
of events, acts or transactions shall be 9. Character Evidence
admissible provided is shall be shown,
1. Qualifications of Witnesses
presented or displayed to the court and
GR: All persons who can perceive, and are
authenticated by the person who made perceiving, can make known their perception to
the recording or by some other person other, may be a witness (Sec 21).
thereof. Competent witnesses have to satisfy four
requirements:
In the case of People v. Manansala, the Court 1. They must be under oath or any similar
reiterated that under the Rules of Electronic substitute.
Evidence, audios, photographs and video 2. They must be knowledgeable about what
evidence are admissible only when presented they are going to testify on. This means they
and authenticated in Court. However, the must have perceived something with their
Court emphasized that persons authorized to senses that applies to the case in question.
authenticate the video or CCTV recording is 3. They must have a recollection of what they
not limited solely to the person who made the perceived.
recording but also by another competent 4. They must be in a position to relate what
witness who can testify as to its accuracy. they communicated.
Here, Vanya was able to establish the origin of
the CCTV footages, explain how she EXPN: Unless otherwise provided by law or the
personally transferred the same to the USB rules. (MPFS)
1. Disqualification by reason of marriage (Sec 23)
and subsequently presented it to the trial
court. Vanya, is also considered competent to
2. Disqualification by reason of privileged
authenticate the CCTV footages as she was communications (Sec
present during the incident and her testimony 24).
corroborates the content of the CCTV
footages.
3. Those who have been convicted of falsification 2. In criminal case for a crime committed by
of a document, perjury, or false testimony, from oneagainst the other or the latter’s direct
being witnesses descendants or ascendants.
to a will (Art 821 of the Civil Code); 3. Consent is given by the party-spouse; or
4. Testimony was made outside of marriage.
4. The accused sought to be discharged as a state
witness has not at anytime been convicted of any
offense involving Duration General rule: During their marriage
[Sec. 23 Rule 130] Exception: Where the
marital and domestic relations are so strained
that there is no more harmony to be preserved
nor peace and tranquility which may be
disturbed, the reason based upon such
1. Disqualification by reason of marriage harmony and tranquility fails. In such a case,
(Marital Disqualification OR Spousal Immunity) identity of interests disappears, and the
consequent danger of perjury based on that
Rule)
identity is non-existent [Alvarez v. Ramirez,
Section 23. Disqualification by reason of
G.R. No. 143439 (2005)]
marriage. - During their marriage, the
husband or the wife cannot testify against the
Characteristics:
other without the consent of the affected spouse,
except in a civil case by one against the other, or
1. A blanket disqualification of a spouse from
in a criminal case for a crime committed by one
against the other or the latter's direct descendants testifying for or against the other.
or ascendants
2. Effective only during the existence of the
marriage.
Elements
3. Can be invoked only if one of the spouse s
1. During their marriage i. The marriage must is a party to the action.
be valid and existing at the time of the offer of
the testimony 4. The married witness would not be allowed
to take the witness stand at all. Even if the
2. The husband or the wife cannot testify testimony is, against the objecting spouse,
against the other i. The “other” spouse must the spouse-witness cannot testify.
be a party to the action, either as a plaintiff or
defendant ii. Note: 2019 Revision removed the Problem:
words “for or”
For over a year, Nenita had been estranged

3. Without the consent of the affected spouse
from her husband Walter because of the
[Sec. 23, Rule 130]
latter’s suspicion that she was having an affair
with Vladimir, a barangay kagawad who lived
Except: Spouse may testify against the other in nearby Mandaluyong. Nenita lived in the
even without the consent of the latter meantime with her sister in Makati. One day,
the house of Nenita’s sister inexplicably
**** burned almost to the ground. Nenita and her
1. In civil case by one against the other; or sister were caught inside the house but Nenita
survived as she fled in time, while her sister
tried to save belongings and was caught b. May the testimony of Dr. Carlos, Walter’s
inside when the house collapsed. As she was psychiatrist, be allowed over Walter’s
running away from the burning house, Nenita objection?
was surprised to see her husband also
running away from the scene. Dr. Carlos, Problem:
Walter’s psychiatrist who lived near the
burned house and whom Walter medically On March 12, 2008, Mabini was charged with
consulted after the fire, also saw Walter in the Murder for fatally stabbing Emilio. To prove the
vicinity some minutes before the fire. qualifying
circumstance of evident premeditation, the
Coincidentally, Fr. Platino, the parish priest
prosecution introduced on December 11, 2009
who regularly hears Walter’s confession and
a text message,
who heard it after the fire, also encountered which Mabini's estranged wife Gregoria had
him not too far away from the burned house. sent to Emilio on the eve of his death, reading:
Walter was charged with arson and at his trial, "Honey, pa2tayin u
the prosecution moved to introduce the ni Mabini. Mtgaln nyang plano i2. Mg ingat u
testimonies of Nenita, the doctor and the bka ma tsugi k." (2010 BAR EXAMS)
priest-confessor, who all saw Walter at the
vicinity of the fire at about the time of the fire. A subpoena ad testificandum was served on
(2013 BAR EXAMS) Gregoria. For her to be presented for the
purpose of identifying her cellphone and the
a. May the testimony of Nenita be allowed text message. Mabini objected to her
over the objection of Walter? Presentation on the ground of marital privilege
SUGGESTED ANSWER The objection should

be sustained on the ground of the marital
SUGGESTED ANSWER disqualification rule (Rule 130, Sec. 22); not
on the ground of the "marital privilege"
No. Nenita may not be allowed to testify communication rule. (Rule 130, Sec. 24). The
against Walter. Under the Marital marriage between Mabini and Gregoria is still
Disqualification Rule, during their subsisting and the situation at bar does not
marriage, neither the husband nor the wife come under the exceptions to the
may testify for or against the other without disqualification by reason of marriage which
the consent of the affected spouse, except refers to that the spouse may testify against
in a civil case by one against the other, or the other even without the consent of the latter
in a criminal case for a crime committed by 1. In a civil case by one against the other; or
one against the other or the latter's direct 2. In a criminal case for a crime committed by
descendants or ascendants (Sec. 22, Rule one against the other or the latter's direct
130). The foregoing exceptions cannot apply descendants/ascendants
since it only extends to a criminal case of one
spouse against the other or the latter’s direct
ascendants or descendants. Clearly, Nenita b. Suppose Mabini's objection in question A
is not the offended party and her sister is was sustained. The prosecution thereupon
not her direct ascendant or descendant for announced that it would be presenting Emilio's
her to fall within the exception. wife Graciana to' identify Emilio's cellphone
bearing Gregoria's text message. Mabini
objected again. Rule on the objection. (2%)
SUGGESTED ANSWER The objection should

be overruled. The testimony of Graciana is not
covered by the said marital disqualification
rule because she is not the wife of Mabini.
Besides, Graciana will identify only the
cellphone as that of her husband Emilio, not
the messages therein which to her are
hearsay
2. Disqualification by reason of privileged Take note: A widow of a victim allegedly

communications murdered may testify as to her husband’s
dying declaration as to how he died since the
same was not intended to be confidential
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 2. When the communication was made prior to
marriage except in a civil case by one against the the marriage
other, or in a criminal case for a crime committed
by one against the other or the latter's direct 3. Waiver of the privilege
descendants or ascendants. • Failure of the spouse to object; or
• Calling spouse as witness on cross
A. Husband and Wife Also known as examination
marital privilege
Characteristics:
Requisites:
1. There must be a valid marriage between 1. The privilege applies only to confidential
husband and wife. communications.
2. There is a communication received in 2. Effective during and after the marriage.
confidence by one from the other; AND 3. May be invoked whether a spouse is a
3. The confidential communication was received party to the action or not.
during the marriage. 4. The married person is on the stand, but the
objection of privilege is raised when the
Elements confidential marital communication is
1. The husband or the wife inquired into.
2. During or after the marriage
3. Cannot be examined
4. Without the consent of the other Problem:
5. As to any communication received in
Husband and wife (1995, 2004, 2010)
confidence by one from the other during the
Marital privileged communication
marriage [Sec. 24(a), Rule 130]
Requisites: a) There must be a valid marriage
between the husband and the wife b) There is
Take note: communication received in confidence by one
Exceptions from the other c) The ‘confidential
1. In civil case by one against the other; or communication’ (one that is made during and
2. In criminal case for a crime committed by one by reason of the marital relations and is not
against the other or the latter’s direct descendants intended to be shared with others) was
or ascendants. received during the marriage d) The non-
disclosure of the confidential information by
the other spouse is effective even after the
dissolution of marriage e) Prohibition of the
When not applicable
testimony applies whether the spouses are
parties or not.
1. When the communication was not intended
to be kept in confidence
Problem:
The only question to be determined in this B. Communication between Atty and Client
case is whether the accused is guilty of murder
or simple homicide. The crime was committed (b) An attorney or person reasonably believed by
the client to be licensed to engage in the practice
with evident premeditation and therefore
of law cannot, without the consent of the client,
constituted murder and can be sustained only
be examined as to any communication made by
by taking into consideration Exhibit L, a letter
the client to him or her, or his or her advice given
written to the accused by his wife and seized thereon in the course of, or with a view to,
by the police in searching his effects on the professional employment, nor can an attorney's
day of his arrest. The letter shows that the secretary, stenographer, or clerk, or other persons
letter writer (the wife) feared that the accused assisting the attorney be examined without the
contemplated resorting to physical violence in consent of the client and his or her employer,
dealing with the deceased. Is the letter concerning any fact the knowledge of which has
admissible? been acquired in such capacity, except in the
following cases:
(FCBDJ)
(i) Furtherance of crime or fraud. If the services
The letter is admissible. Where privileged
or advice of the lawyer were sought or obtained to
communication from one spouse to another enable or aid anyone to commit or plan to commit
comes into the hands of a third party, whether what the client knew or reasonably should have
legally or not, without collusion or voluntary known to be a crime or fraud;
disclosure on the part of either of the spouses,
the privilege is thereby extinguished and the (ii) Claimants through same deceased
communication, if otherwise competent, client. As to a communication relevant to an issue
becomes admissible. between parties who claim through the same
deceased client regardless of whether the claims
are by testate or intestate or by inter
vivos transaction;
Problem:
(iii) Breach of duty by lawyer or client. As to a

John filed a petition for declaration of nullity of
communication relevant to an issue of breach of
his marriage to Anne on the ground of duty by the lawyer to his or her client or by the client
psychological incapacity under Article 36 of to his or her lawyer;
the Family Code. He obtained a copy of the
confidential psychiatric evaluation report on (iv) Document attested by the lawyer. As to a
his wife from the secretary of the psychiatrist. communication relevant to an issue concerning an
Can he testify on the said report without attested document to which the lawyer is an
offending the rule on privileged attesting witness; or
communication? Explain.
(v) Joint clients. As to a communication relevant
to a matter of common interest between two [(2)] or
There is no violation of marital communication
more clients if the communication was made by
privilege since the report is not a confidential any of them to a lawyer retained or consulted in
communication between spouses. There is common, when offered in an action between any of
also no violation of the marital disqualification the clients, unless they have expressly agreed
rule since the case involves an exception, that otherwise
is, a civil case by one spouse against the other
1. Attorney cannot, without the consent of his
client, b eexamined as to any communication
made by the client
to him, or his advise given thereon.

Problem:
2. There exists an atty-client relationship, and it
is by In a murder prosecution, the prosecutor calls
reason of this relationship that the client made the house counsel for accused’s computer
the
corporation to testify that on the night of the
communication.
crime, she received a phone call from the
3. The client made the communication in
confidence. The accused’s wife who said, “JOSE (the accused)
mere relation of attorney-client does not raise a just called me from jail to say that police have
presumption of confidentiality. The client must arrested him for murdering his business
intend partner and he wants me to burn some letters
the communication to be confidential. in his desk. What should I do?” The witness
4. The legal advice must be sought from the testifies further that she replied, “How the hell
attorney in his should I know – I’m not a criminal defense
professional capacity. lawyer! Call my classmate, GARY K. – maybe
he can help you.” The statement of the wife is:
Requisites:
Inadmissible if the wife claims the attorney-
a) There must be a communication made by the
client to the attorney or person reasonably believed client privilege
by the client to be licensed to engage in the
practice of law or an advice given by the attorney
or person reasonably believed by the client to be Inadmissible if the wife claims the attorney-
licensed to engage in the practice of law to his client privilege
client
b) The communication or advice must be given in Problem:

confidence
V, who suffered physical injuries including a
c) The communication or advice must be given fractured wrist bone, underwent surgery to
either in the course of professional screw a metal plate to his wrist bone. On
employment or with a view to professional
complaint of V, a criminal case for Reckless
employment (here, there may be no
Imprudence Resulting in Serious Physical
perfected atty-client relationship)
Injuries was filed against X before the
d) The statements of the client need not be made Municipal Trial Court (MTC) of Sta. Maria.
to the attorney in person. Those made to Atty. L, the private prosecutor, did not reserve
the attorney’s secretary, stenographer or clerk or the filing of a separate civil action. V
other persons assisting the attorney subsequently filed a complaint for Damages
cannot also be examined as to the communication against X and Y before the Regional Trial
made by the client or the advice given by the Court of Pangasinan in Urdaneta where he
attorney without the client’s consent and resides. In his "Certification against Forum
employer’s consent Shopping” V made no mention of the
pendency of the, criminal case in Sta. Maria. x
x x x x x x x x x x x Atty. L offered in the criminal
case his affidavit respecting what he
witnessed during the incident. X's lawyer
wanted to cross examine Atty. L who,
however, objected on the ground of lawyer
client privilege. Rule on the objection. (2%)
3. Members of the patient’s family
(2010 BAR EXAMS) SUGGESTED ANSWER

Requisites:
The objection should be overruled. Lawyer-
client privilege is not involved here. The
1. The privilege applies only to a civil case,
subject on which the counsel would be
whether the patient is a party or not;
examined has been made public in the
counsel would be examined has been made
public in the affidavit he offered and thus, no
2. The person against whom the privilege is
longer privileged, aside from the fact that it is
claimed is a physician, psychotherapist, or a
in respect of what the counsel witnessed
person reasonably believed by the patient to
during the incident and not to the
be authorized to practice medicine or
communication made by the client to him or
psychotherapy; Applies also to persons,
the advice he gave thereon in his professional
including members of the patient family who
capacity
have participated in the diagnosis or treatment
of the patient under the direction of the
physician or psychotherapist;
C. Communication between physician and

patient (Physician-Patient Privilege); 3. The information which cannot be disclosed
refers to: • Diagnosis or treatment of the
c) A physician, psychotherapist or person patient • Physical, mental, or emotional
reasonably believed by the patient to be authorized condition of the patient including alcohol or
to practice medicine or psychotherapy cannot in a
drug addiction
civil case, without the consent of the patient be
examined as to any confidential communication
4. The rule does not require a perfected physician-
made for the purpose of diagnosis or treatment of
patient relationship by reason of a contract. This
the patient's physical. mental or emotional
also includes quasi-contract as when the patient is
condition, including alcohol or drug addiction,
seriously il and the physician treats him.
between the patient and his or her physician or
psychotherapist. This privilege also applies to
5. The privilege is still effective even after the death
persons, including members of the patient's family,
of the patient. Death does not permit the
who have participated in the diagnosis or treatment
impairment of the reputation of the patient.
of the patient under the direction of the physician
or psychotherapist.
6. The privilege may be waived by the patient
expressly or impliedly (as when the patient
A "psychotherapist" is:
answers
(a) A person licensed to practice medicine
question on matters which are supposedly
engaged in the diagnosis or treatment of a mental
privileged on cross examination)
or emotional condition, or
(b) A person licensed as a psychologist by the
government while similarly engaged.
Problem:
Persons bound by confidentiality
1. Physician In a murder prosecution: To support a claim of

2. Person reasonably believed to be authorized self-defense, the accused calls the victim’s
to practice medicine
psychiatrist to testify that in her opinion, the Is the physician’s testimony admissible? The
victim was a homicidal maniac. testimony is admissible. The same is not
information necessary for the proper treatment
The testimony is: of the patient. The matters stated are nothing
Inadmissible if the psychiatrist claims the but causal information of the witnesses which
psychotherapist privilige are not included in the privilege.
Problem: Problem:
Accused, Dr. AB, famed law professor is

charged with criminal destruction of property. Husband filed a petition for legal separation
Dr. CB is called as a witness by the defense in from his wife on the ground that she suffers
this criminal trial, with the expectation that he from schizophrenia before, during and after
will testify that he, not accused Dr. AB their marriage up to the present. During the
destroyed the valuable, highly-modified Ford trial, the husband’s attorney sought to present
F-150, by setting it on fire. Dr. CB is a a doctor who is the chief of the National Mental
doctor/consultant of the Baguio General Hospital. The wife’s attorney opposed on the
Hospital for the Criminally Insane. Prior to this ground of physician-patient privilege
offer of testimony, in separate proceedings communication. The doctor examined the wife
alleging that he had murdered a hospital finding her to be suffering from schizophrenia.
orderly during an escape attempt, Dr. CB was The trial court allowed the doctor to testify but
found to be criminally insane and incompetent only as an expert witness. After the doctor was
to stand trial. Among certain other personal qualified, he was asked hypothetical
quirks, he has publicly stated that he is a Red questions. The wife’s attorney filed a petition
Avenger from Planet Krypton and that he must for certiorari alleging grave abuse of discretion
return to the Eighth Dimension to rescue his on the part of the trial court when it allowed the
army, in order to conquer the universe, wife’s doctor to testify as an expert witness. Is
starting with Planet Earth. The prosecution the doctor’s testimony privileged
objects that Dr. CB is incompetent to testify communication and consequently
inadmissible?
False
The physician’s testimony is ADMISSIBLE. In

order that the privilege may be successfully
Problem:
claimed, the following requisites must concur:
(1) the privilege is claimed in a civil case; (2)
In an action for legal separation filed by a
the person against whom the privilege is
husband against the wife, the physician of a
claimed is one duly authorized to practice
hospital testified to the effect that the wife was
medicine, surgery or obstetrics; (3) such
a patient in the hospital and stayed there for a
person acquired the information while he was
certain length of time. The physician further
attending to the patient in his professional
testified that the wife came to the hospital
capacity; (4) the information was necessary to
without a baby and left with one and that her
enable him to act in that capacity; (5) the
co-defendant with her knowledge made some
information was confidential and if disclosed
of the arrangements and paid all the bills.
would blacken the reputation of the patient. In
this case the physician was presented as an
expert witness. She did not disclose anything
obtained in the course of her examination practice medicine or psychotherapy) may not
interview and treatment of the petitioner. All disclose any advice given to the patient or any
the facts and conditions are merely treatment or other information acquired in
hypothetical. The physician’s testimony is attending such patient. Question: Does this
INADMISSIBLE. The information is privilege apply to information acquired by the
confidential and it would blacken the physician after the death of the patient,
reputation of the patient information referred to as post mortem or
autopsical information? NO. A corpse cannot
be a patient. Facts disclosed by an autopsy or
Problem: post-mortem examination cannot be held to
have been acquired by the examining
Dodo was knocked unconscious in a fist fight physician in confidence. Hence, the
with Dindo. He was rushed to the emergency information is not privileged and the physician
room of the Medical City where he was may testify thereon
examined and treated by Dr. Datu. As he was
being examined, a plastic sachet appearing to
contain shabu fell from Dodo’s jacket which
was on a chair beside him. Dodo was thus D. Priest -Penitent
arrested by the same policemen who assisted
him to the hospital. At Dodo’s trial, the public (d) A minister, priest or person reasonably believed
to be so cannot without the consent of the affected
prosecutor called Dr. Datu to the witness
person, be examined as to any communication or
stand. When the public prosecutor asked Dr.
confession made to or any advice given by him or
Datu as to what he saw in the emergency her, in his or her professional character, in the
room, Dodo’s counsel objected claiming course of discipline enjoined by the church to which
doctor-patient rule. Rule on the objection. the minister or priest belongs.
The objection should be overruled. Dr. Datu is

being called to testify on what he saw in the 1. The person making the confession holds
emergency room, which does not pertain to the privilege
any information he acquired in attending to
Dodo in a professional capacity. Dr. Datu was 2. The priest or minister or person reasonably
simply being asked to testify as an ordinary believed to be so cannot without the consent
witness, and not as Dodo’s physician hence, of the affected person be examined as to any
doctor-patient privilege under Rule 130, communication or confession made to or any
Section 24 of the Rules of Court does not advice given by him or her,
apply
3. The confession or advice was given in his

Problem: or her professional character, int eh course of
discipline enjoined by the church to which the
The physician-patient privilege is to minister or priest belongs.
encourage the patient to make full disclosure
to the physician of all facts to enable the latter
to prescribe and administer proper treatment. E. Public Officers:
Hence, physicians (expanded to include
psychotherapists and others reasonably (e) A public officer cannot be examined during or
believed by the patient to be authorized to after his or her tenure as to communications made
to him or her in official confidence, when the court cannot apply between stepmothers and
finds that the public interest would suffer by the stepchildren because the rule applies only to
disclosure. direct ascendants and descendants,
The communication shall remain privileged, even
in the hands of a third person who may have
obtained the information, provided that the original
Problem:
parties to the communication took reasonable
precaution to protect its confidentiality
A parent cannot be compelled to testify
against his or her child or other direct
descendants. • A child may not be compelled
3. Testimonial Privilige to testify against his or her parents or other
direct ascendants.
A. Parental and Filial Privilege Rule
Section 25. Parental and filial privilege. – No Exception.

person shall be compelled to testify against his or
Descendants may be compelled to give his
her parents, other direct ascendants, children or
testimony (Art
other direct descendants, except when such
215, Family Code)
testimony is indispensable in a crime against that
person or by one parent against the other. (25a)
a. In a criminal case, and such testimony is
indispensable in a
crime committed against said defendant
Note: This provision was amended in 2019 to
include the exception under Art. 215 of the b) If the testimony is indispensable in a crime
Family Code. against that person or by one parent against
the other.
Art. 215: No descendant shall be compelled,

in a criminal case, to testify against his parents
B. Trade Secrets
and grandparents, except when such
testimony is indispensable in a crime against Section 26. Privilege relating to trade secrets. – A
the descendant or by one parent against the person cannot be compelled to testify about any
other. trade secret unless the non-disclosure will conceal
fraud or otherwise work injustice. When disclosure
There are two privileges embodied in this rule: is directed, the court shall take such protective
Parental privilege rule and Filial privilege rule measure as the interest of the owner of the trade
1. Parental Privilege: A parent cannot be secret and of the parties and the furtherance of
justice may require.
compelled to testify against his child or direct
RULE: Trade secrets are exempted from
descendants
compulsory disclosure.
2. Filial Privilege: A child cannot be compelled EXPN:

to testify against his parents or other direct
ascendants 1. Its disclosure will conceal fraud; or
2. It is to work injustice
Applicability The rule is applied to both civil
and criminal cases [Herrera] The privilege
Jurisprudence has consistently acknowledged the

private character of trade secrets. There is a A. ADMISSION BY A PARTY
privilege not to disclose Section 27. Admission of a party. – The act,
one's trade secrets. Foremost, this Court has declaration or omission of a party as to a relevant
declared that trade secrets and banking fact may be given in evidence against him or her.
transactions are among the recognized
restrictions to the right of the people to information Requisites of admission to be admissible:
as embodied in the Constitution. The drafters of the 1. Must involve matters of fact, and not of law:
Constitution also unequivocally affirmed that, aside 2. Must be categorical and definite:
from national security matters and intelligence 3. Must be knowingly and voluntarily made;
information, trade or industrial secrets 4. Be adverse to the admitter's interests,
(pursuant to the Intellectual Property Code and otherwise it would be self-serving and
other related laws) as well as banking transactions inadmissible.
4. Admissions and Confessions RULE: Self-serving declarations which are

unsworn statements made by the declarant
out of court and which are favorable to his
1. ADMISSIONS interest are not admissible.
An admission is an act, declaration or Admission Confession

omission of a party as to a relevant fact. It is a Any statement of facts A declaration of an
voluntary acknowledgment made by a party of made by a party accused
against his interest or acknowledging
the existence of the truth of certain facts which
unfavorable to the guilt for the offense
are inconsistent with his claims in an action.
conclusion for which charged, or for any
he contends or is offense necessarily
FORMS OF ADMISSIONS
inconsistent with the included therein.
facts alleged by him.
1.Judicial Admissions
2.Extrajudicial Admissions
May be made by third Can be made only by
persons the party himself
Judicial Extrajudicial
Applies to civil Acknowledgment of
transactions and to guilt only to criminal
An admission, verbal Admission made out
matters Cases
or written, made by a of court or
of fact in criminal
party in the course of even in the
cases not involving
the proceedings in proceeding other
criminal intent.
the than the one under
same case, does not consideration.
May be expressed or Always express
require proof. The
implied.
admission may be
contradicted only by
showing that it was
B. EFFECTS OF OFFER OF COMPROMISE BY
made through
A PARTY
palpable
mistake or that no
Section 28. Offer of compromise not admissible. –
such admission was
****Possible exam question
made
1. In civil cases,
(Rule 129, Sec. 4).
a. an offer of compromise is not an admission and their children. b) Prosecutions

of any liability, and is not admissible in evidence under the NIRC where payment of the
against the offeror. compromise penalty will be a ground
for the non filing of a criminal case. c)
Note the exceptions however. An offer is Genuine Offers to Marry by the
admissible in evidence in the following accused in crimes against chastity.
instances: 1. When the offer contains an
admission of an independent fact. a. an offer of compromise by the accused may
Examples: a). X writes Y demanding payment be received in evidence as an implied
of a debt. Y answers and offers to pay half and admission of guilt.
the other half within an extended period plus
an additional interest, if X foregoes suing him But as to his civil liability, the parties may
because he also has to pay off his debt to Z. compromise.
In a suit by Z against Y, such offer of Y to X b. A plea of guilty later withdrawn or an
may be used in favor of Z if Y denies liability. unaccepted offer of a plea of guilty to a lesser
offense is not admissible in evidence against
the accused who made the plea or offer.
2. When the offer contains an admission of
liability, such as the existence and
c. Neither is any statement made in the course
correctness of the amount.
of plea bargaining with the prosecution, which
does not result in a plea of guilty or which results in
b. Neither is evidence of conduct nor
a plea of guilty later withdrawn, admissible.
statements made in compromise negotiations
admissible, except
d. An offer to pay[.] or the payment of medical,
• evidence otherwise discoverable or hospital or other expenses occasioned by an
• offered for another purpose, such as injury[.] is not admissible in evidence as proof of
proving bias or prejudice of a witness, civil or criminal liability for the injury. (27a)
negativing a contention of undue delay, or
proving an effort to obstruct a criminal
investigation or prosecution. Cases where compromise is not valid
2. In criminal cases, except 1. The civil status of a person

• those involving quasi-offenses (criminal 2. The validity of marriage or a legal separation
negligence) or 3. Any ground for legal separation
• those allowed by law to be compromised, 4. Future support
a) Those cases covered by the 5. The jurisdiction of courts
CourtAnnexed Mediation under R.A. 6. Future legitime
9285 (Alternative Dispute Resolution 7. Habeas Corpus
Act 8. Election
i) The civil aspect of a prosecution for
B.P. 22 (ii) The civil aspect of
quasioffenses (iii) Estafa, physical
C. RES INTER ALIOS ACTA RULE
injuries, theft, crimes covered by the
Rules on Summary Procedure and all General Rule:
others which are not expressly
declared by law as not subject of The rights of a party cannot be prejudiced by
compromise such as any act an act, declaration, or omission of another
constituting violence against women
Applies only to extrajudicial confessions and contracted debts

not to statement made in open court. with various persons
in the past and had
EXPN: Vicarious Admissions:
not paid such debts,
1. Admission by a co-partner or agent joint owner
despite demand, is
or debtor or one
jointly interested
“not admissible” to
2. Admission by a conspirator show that the debtor
3. Admission by privies did not pay his
4. Admission by silence obligation to the
plaintiff.
1st Branch: 2nd Branch
ADMISSIONS BY A SIMILAR ACTS AS Exceptions:
THIRD PARTY EVIDENCE Evidence of similar
acts is admissible for
any of the following
Important note: This General Rule: The
purpose: (especially
admission applies previous conduct or
in actions based on
only to similar acts at one
fraud or deceit) a)
extrajudicial time is not
Specific intent b)
declarations. admissible to prove
Knowledge c)
that one did or did
Identity d) Plan e)
Judicial admissions not do the same act
System f) Scheme
are admissible as at another time.
g) Habit
declarations against (2011 Bar)
the other.
h) Custom i) Usage
The rule prohibits
j) And the like e.g.
the admission of the
show not his guilt but
e.g. X makes a so-called propensity
to prove signature or
statement to the evidence.
handiwork or
media admitting his
because of identical
participation in a
modus operandi or
murder, his e.g. X is accused of
share distinctive
statement is physical injuries.
features as the
admissible against The evidence, in the
offense for which the
him but the rest of past, that he
accused is currently
his statements are committed several
charged with
not admissible acts constituting
against his co- physical injuries “is
participant not admissible” for
the purpose for
which it is offered. Exceptions to Res Inter Alios Acta Rule where
The rights of a party cannot be prejudiced by
an act, declaration, or omission of another
e.g. An action to
collect a sum of
money, evidence 1. Admission by a copartner or agent:
that the debtor had
Requisites: b) grantor and grantee c) executor and

1. The partnership, agency, or joint interest is administrator and the estate of the deceased
established
by evidence other than the act or declaration; A sold his lot to B. In the sale but
2. The act or declaration is within the scope of
before delivery, A said that there are
the
squatters in the lot. B perfected the
partnership, agency or joint interest;
3. The act or declaration must have been made contract still. B, now, instituted a
during Forcible Entry case against the
the existence of the partnership, agency, or squatters.
joint
interest. 4. Admission by silence
General Rule: The statement contains
Rationale; Art. 1868 and 1883 (NCC), The assertion which, if untrue, would be sufficient
agent, is in legal contemplation, a mere cause for the party to make a denial. His
extension of the personality of the principal. failure to speak against that statement is
Thus, whatever is said by an agent to a third admissible as an admission
person, during the course of the agency and
within the scope of his authority, is for legal
purposes also the statement of the principal. . e.g. Upon seeing a policeman, a bystander,
in the presence of other people, points to a
2. Admission by a conspirator man and accuses him as the killer. The man
pointed did not respond. His failure to respond
The rule on admission by may be given in evidence against him.
conspirator applies only to an extrajudicial
act or admission but not to testimony given e.g. The police caught
on the witness stand where the defendant Abe in a pawnshop robbery. At
has the opportunity to cross-examine the the behest of the police, Abe
declarant. reenacted how he committed
the crime.
(Does not apply when the co-accused takes
the witness stand and his statements become Requisites:
judicial admissions) 1. He must have heard or observed the act or
declaration of
Requisites: a) Declaration or act be made or the other person;
done “DURING” the existence of the 2. He must have had the opportunity to deny
conspiracy; b) Declaration or act must relate it;
to the conspiracy; c) The conspiracy must be 3. He must have understood the statement;
shown by evidence other than such 4. He must have an interest to object, such
declaration or act. that he would
naturally have done so, if the statement was
not true;
3. Admission by privies 5. The facts were within his knowledge; and
6. The fact admitted or the inference to be
drawn
Privies means persons who are partakers or 7. from his silence.
have an interest in any action or thin, or any
relation to another. e.g. a) lessor and lessee
Exception: A person under custodial

investigation pursuant to the constitutional
provisions over the rights of the accused. Problem:
During custodial investigation at the Baguio

5. Adoptive admissions¨ City Police Station, Accused was informed of
his constitutional right to remain silent and to
By adoptive admission, a third person’s have competent and independent counsel. He
statement becomes the admission of a party decided to waive his right and proceeded to
embracing or espousing it. The statement or make a statement admitting commission of the
conduct by the third person is evidence robbery. In the same statement, he implicated
against the party concerned. Thus, in Estrada B, his coconspirator in the crime. Is the
vs. Arroyo, G.R. No. 146710-15, 2 March testimony of the Accused admissible against
2001, Estrada’s lack of objection or comment B?
to the statements and proposals by Sen.
Angara concerning Estrada's leaving
Malacanang,
Adoptive admission may occur when a party:

NO. The statement is not shown to relate to
a. Expressly agrees to or concurs in an oral a
the conspiracy;
statement made
by another;
b. Hears a statement and later on essentially NO. The statement was made after the
repeals it; conspiracy had already ceased;
c. Utters an acceptance or builds upon the
assertion of NO. The conspiracy must first be shown by
another; evidence other than such declaration or act
d. Replies by way of rebuttal to some specific
points raised by All of the options given.
another but ignores further points which he or
she has
!!!!!!!!!!
heard the other make; or
e. Reads and signs a written statement made by
Problem:
another
Ricky, while driving his Maserati, smashes into

the Toyota Vios of Dante. Immediately after
the incident, Ricky offers to pay the value of
the Toyota Vios. Dante still sued Ricky
Problem: criminally for Reckless Imprudence because
of Ricky’s wayward and speedy driving.
Ben testified that Jaime, charged with robbery, During trial, Dante was called as witness to
has committed bag-snatching three times on testify on Ricky’s offer to compromise as an
the same street in the last six months. Can the admission of guilt. Ricky’s counsel objected. If
court admit this testimony as evidence against you were the judge, how would you rule on the
Jaime? objection? Explain briefly. (5 points)
D. No, since evidence of guilt of a past crime SUGGESTED ANSWER

is not evidence of guilt of a present crime
If I were the judge, I would sustain the

objection of Ricky’s counsel. • Not sufficient for conviction
• Requires to be corroborated by evidence
Under the Rules of Evidence, one of the corpus delicti (body of the crime)
exceptions to the rule that an offer of
compromise may be received in evidence as Extrajudicial confession without a counsel is
an implied admission of guilt in criminal cases not valid.
is in cases involving quasi-offenses.
Persons Bound by A Valid Confession:
General Rule:
Here, when Ricky offered to pay the value of
An extrajudicial confession is binding only on
damage made to Dante’s Toyota Vios, his the confessant and is not admissible against
offer of compromise cannot be received in his or her co-accused because it is considered
evidence as an implied admission of guilt as as hearsay against them.
the case instituted by Dante is one for
Reckless Imprudence.
As a rule the confession binds only the
confessant following the res inter alios acta
rule. The following constitute the exceptions:
(RaCI)
D. CONFESSIONS
1. When it was confirmed or ratified by the co-
accused.
A confession is a voluntary acknowledgement
by a person of his guilt of the offense charged
2. When the extra-judicial confession is
or of any offense included therein, may be
judicially confirmed.
given in evidence against him. (Section 33,
Rule 130).
3. In case of interlocking confessions i.e.,
confessions made by two or more accused
It is different from an admission. Confessions
independently of each other and without
are admissible against the confessant. They
collusion which are identical in their essential
are evidence of a high order because no
details. Interlocking confessions. Thus, the
person in his right senses would admit his guilt
identical confessions of 3 accused are
or participation in the commission of a crime,
admissible against X who was mentioned by
knowing that it would subject him to
all 3 as the master mind. It may also gauge the
punishment. He must be prompted by truth. To
credibility of the testimony of another accused
convict, the confession must be corroborated
and of witnesses. Thus, each confession is
by evidence of corpus delicti (body of the
evidence against all confessants.
crime) pursuant to Section 3 of Rule 133.
Requisites for the admissibility of
FORMS OF CONFESSIONS extrajudicial confession: These requisites
apply to a person the extrajudicial confession
1.Judicial Confession of a person arrested, detained or is under
2.Extrajudicial Confession custodial investigation.
RULE:
Effect of extrajudicial confession of guilt 1. Shall be in writing;
2. Signed by such person in the presence of Forms:

his counsel or in the latter’s absence, upon a
valid waiver, and in the presence of any of the 1. Oral or Written
parents, older brothers and sisters, his Assertion
spouse, the municipal mayor, judge, district 2. Non-verbal conduct
school supervisor or priest or minister
Exception: A person in private meeting, fully RULE: An affidavit is merely hearsay evidence
and voluntarily confessing to the commission if the maker did not take the witness stand.
of his crime need not comply with the
Q: When is a statement
constitutional requirements in a custodial
not considered as Hearsay?
investigation.
A statement is not hearsay if the declarant testifies
at the trial or hearing and is subject to cross-Â-
examination concerning the statement and the
statement is
E. HEARSAY RULE
(a) inconsistent with the declarant's testimony, and
was given under oath subject to the penalty of
Section 37. Hearsay. - Hearsay is a statement
perjury at a trial. hearing, or other proceeding, or in
other than one made by the declarant while
a deposition:
testifying at a trial or hearing, offered to prove the
truth of the facts asserted therein. A statement is
(b) consistent with the declarant's testimony and is
(1) an oral or written assertion or (2) a non-verbal
offered to rebut an express or implied charge
conduct of a person, if it is intended by him or her
against the declarant of recent fabrication or
as an assertion. Hearsay evidence is inadmissible
improper influence or motive: or
except as otherwise provided in these Rules.
(c) one of identification of a person made after
perceiving him or her
Two-tiered meaning: Exception to the Hearsay Rule
A. A statement other than one made by the 1. Dying declaration

declarant while testifying at the trial or hearing; 2. Statement of Decedent or Person of Unsound
Mind
B. Such statement is offered to prove the truth 3. Declaration against interest
of the facts asserted therein. 4. Act or declaration about pedigree
5. Family reputation or tradition regarding
pedigree
6. Common reputation
b. Reason for exclusion of hearsay evidence •
7. Part of Res Gestae
8. Records of regularly conducted business
• No opportunity to cross-examine the activity
person to whom statements or writings 9. Entries on official record
are attributed 10. Commercial list and the like
• Absence of Demeanor Evidence 11. Learned Treaties
• Absence of Oath 12. Testimony or deposition at a former
proceeding
13. Residual Exception
15.Independently relevant statements (2003, of such deceased person or against such person
2009, 2011) of unsound mind, where a party or assignor of a
party or a person in whose behalf a case is
prosecuted testifies on a matter of fact occurring
NON-HEARSAY
before the death of the deceased person or before
the person became of unsound mind, any
This is a non-hearsay out of court statement.
statement of the deceased or the person of
They are relevant because the statement itself unsound mind, may be received in evidence if the
is either the very fact in issue or a statement was made upon the personal knowledge
circumstantial evidence of a fact in issue. of the deceased or the person of unsound mind at
Note. If the purpose is merely to establish the a time when the matter had been recently
fact that the statement or the tenor of such perceived by him or her and while his or her
statement was made, the testimony is not recollection was clear. Such statement however, is
hearsay inadmissible if made under circumstances
indicating its lack of trustworthiness.
Dying declaration
Section 40. Declaration against interest. - The
Requisites for admissibility: declaration made by a person deceased or unable
1. Consciousness by the declarant of his to testify against the interest of the declarant, if the
impending death; fact asserted in the declaration was at the time it
2. Communication by the declarant of the was made so far contrary to the declarant's own
cause and surrounding circumstances of interest that a reasonable person in his or
his looming death her position would not have made the declaration
3. Competence of the declarant to testify; unless he or she believed it to be true, may be
received in evidence against himself or herself or
and
his or her successors in interest and against third
4. Declaration is offered in any case relative
persons. A statement tending to expose the
to declarant’s death as the subject of
declarant to criminal liability and offered to
inquiry exculpate the accused is not admissible unless
corroborating circumstances clearly indicate the
Q Dying trustworthiness of the statement.
The declaration of a dying person, made
under the consciousness of Section 41. Act or declaration about pedigree. -
an impending death, may be received in any The act or declaration of a person deceased or
case wherein his or her unable to testify, in respect to the pedigree of
another person related to him or her by birth[,]
death is the subject of inquiry, as evidence of
adoption, or marriage or, in the absence thereof,
the cause and
with whose family he or she was so intimately
surrounding circumstances of such death.
associated as to be likely to have accurate
information concerning his or her pedigree, may be
How to assail? 1. Prove that the declarant, received in evidence where it occurred before the
prior to the admitted declaration, made a controversy, and the relationship between the two
statement inconsistent with his supposedly [(2)] persons is shown by evidence other than such
dying declaration. act or declaration. The word "pedigree" includes
relationship, family genealogy, birth, marriage,
Section 39. Statement of decedent or person of death, the dates when and the places where these
unsound mind. - In an action against an executor facts occurred, and the names of the relatives. It
or administrator or other representative of a embraces also facts
deceased person, or against a person of unsound
mind, upon a claim or demand against the estate
Section 42. Family reputation or tradition inspections of packages waiting to be send to

regarding pedigree. - The reputation or tradition the United States of America (USA), the dog
existing in a family previous to the controversy, in sat beside one of the packages, a signal that
respect to the pedigree of anyone of its members, the package contained dangerous drugs.
may be received in evidence if the witness
Thereafter, the guards opened the package
testifying thereon be also a member of the family,
and found two (2) kilograms of cocaine. The
either by consanguinity[.] affinity, or
adoption. Entries in family bibles or other family owner objected of the package was arrested
books or charts, engraving on rings, family portraits and charges were filed against him. During the
and the like, may be received as evidence of trial, the prosecution, through the trainer who
pedigree. was present during the incident and an expert
in this kind of field, testified that the dog was
highly trained to sniff packages to determine if
Section 43. Common reputation. - Common the contents were dangerous drugs and the
reputation existing previous to the controversy, as sniffing technique of their highly trained dogs
to boundaries of or customs affecting lands in the
was accepted worldwide and had been
community and reputation as to events of general
successful in dangerous drugs operations.
history important to the community, or respecting
marriage or moral character, may be given in The prosecution moved to admit this evidence
evidence. Monuments and inscriptions in public to justify the opening of the package. The
places may be received as evidence of common accused objected on the grounds that : (i) the
reputation. guards had no personal knowledge of the
contents of the package before it was opened;
Section 44. Part of the res gestae. - Statements (ii) the testimony of the trainer of the dog is
made by a person while a startling occurrence is hearsay; and (iii) the accused could not cross-
taking place or immediately prior or examine the dog. Decide. (2014 BAR EXAMS)
subsequent thereto[,] under the stress of
excitement caused by the occurrence with respect
SUGGESTED ANSWER:
to the circumstances thereof, may be given in
evidence as part of the res gestae. So, also,
statements accompanying an equivocal act The objections of the accused should be
material to the issue, and giving it a legal overruled. An evidence is admissible when it
significance, may be received as part of the res is relevant to the issue and is not excluded by
gestae the law or the rules (Section 3, Rule 128).
Under Section 36, Rules 130 of the Rules of
Section 45. Records of regularly conducted Court, a witness can testify only to those which
business activity. - A memorandum, report. he knows of his personal knowledge and
record or data compilation of acts, events, derived from his own perception. The
conditions, opinions, or diagnoses, made by
contention that the guards had no personal
writing, typing, electronic, optical or other similar
knowledge of the contents of the package
means at or near the time of or from transmission
or supply of information by a person with before it was opened is without merit. The
guards can testify as to the facts surround the
Problem: opening of the package since they have
personal knowledge of the circumstances
A foreign dog trained to sniff dangerous drugs thereof, being physically present at the time of
from packages, was hired by FDP its discovery. On the other hand, the testimony
Corporation, a door to door forwarder of the trainer of the dog is not hearsay based
company, to sniff packages in their depot at on the following grounds: a. He has personal
the international airport. In one of the routinary knowledge of the facts in issue, having
witnessed the same; b. Hearsay merely
contemplates an out-of-court declaration of a the purpose of proving action in conformity

person which is being offered to prove the therewith on a particular occasion, except:
truthfulness and veracity of the facts asserted (a) In Criminal Cases:
(1) The character of the offended party may be
therein; c. He is an expert witness, hence, his
proved if it tends to establish in any reasonable
testimony may constitute an exception to the
degree the probability or improbability of the
hearsay rule;
offense charged.
(2) The accused may prove his or her good moral
character [.] pertinent to the moral trait involved in
the prove his or her bad moral character unless on
Problem:
rebuttal.
(b) In Civil Cases:
Evidence of the moral character of a party in a civil
case is admissible only when pertinent to the issue
of character involved in the case.
Opinion Rule (c) In Criminal and Civil Cases:
Evidence of the good character of a witness is not
General Rule: Opinion of a witness is not admissible until such character has been
admissible. impeached.
In all cases in which evidence of character or a trait
Section 51. General rule. - The opinion of a witness of character of a person is admissible, proof may
is not admissible, except as indicated in the be made by testimony as to reputation or by
following sections. (48) testimony in the form of an opinion. On cross-
examination, inquiry is allowable into relevant
Section 52. Opinion of expert witness. - The specific instances of conduct.
opinion of a witness on a matter requiring special In cases in which character or a trait of character
knowledge, skill, experience, training or of a person is an essential element of a charge,
education, which he or she is shown to possess, claim or defense, proof may also be made of
may be received in evidence. (49a) specific instances of that person's conduct. (51 a;
14, Rule 132
Section 53. Opinion of ordinary witnesses. - The
opinion of a witness, for which proper basis is
given, may be received in evidence regarding -
(a) [T]he identity of a person about whom he or
she has adequate knowledge;
(b) A handwriting with which he or she has Question:
sufficient familiarity; and WHEN MAY THE PROSECUTION
(c) The mental sanity of a person with whom he or INTRODUCE EVIDENCE OF THE BAD
she is sufficiently acquainted.
MORAL CHARACTER OF THE ACCUSED?
The witness may also testify on his or
Answer: Pursuant to Section 54, Rule 130 -
her impressions of the emotion, behavior,
condition or appearance of a person. (50a) only in rebuttal provided the accused
introduced evidence of his own good moral
character during the presentation of his
evidence-in-chief. This is to prevent the
Character Evidence accused from having a free hand and
fabricating evidenced of his good moral
Section 54. Character evidence not generally character without fear of contradiction. On
admissible; exceptions. - Evidence of a person's cross-examination, if the accused testifies in
character or a trait of character is not admissible for
his own behalf, the prosecution may prove his
bad character as a witness i.e. that his veracity
for truth is bad. 13. The moral character of the character of the spouses, such as
victim may be proved “ if it tends to establish psychological incapacity; e) Action for
in any reasonable degree the probability or damages for breach of promise to marry
improbability of the offense charged.” The where the bad character of plaintiff maybe
Prosecution may immediately introduce used as a defense; f) As a defense in actions
evidence of the good moral character of the for Alienation of Affection; g) In actions
victim if: (i). If it is an element of the offense involving custody of children; h) Opposition to
charged, such as good reputation in case of the appointment of a guardian, or
seduction, or in libel and oral defamation; (ii) It administrator of the property of another; 16. As
proves the probability of the offense charged for witnesses, a witness enjoys the
as in sex crimes such that the victim could not presumption of good moral character hence it
have given consent due to her good moral is not necessary to introduce character
character. 14. The accused may prove the bad evidence. However, evidence of character is
moral character of the victim in the following necessary in order to rehabilitate the character
cases: (a) In assault or homicide cases where of the witness if the latter's character had been
he sets self-defense, or in cases of the impugned by the adverse party. The bad
Battered Wife Syndrome defense, the moral character of a witness, his tendency to
accused may prove the victim is of a violent lie or his improper motives may be shown by
character, quarrelsome, trouble seeker or the adverse party. 17. As for third parties,
pugnacious. This is to prove it was the victim evidence of character is inadmissible being
who was the aggressor. Likewise, to show the irrelevant as they are neither parties nor
state of mind of the accused in that bad witnesses. 18. However if relevant in that the
character of the victim produced a reasonable evidence may affect the issues of the case,
belief of imminent danger on the mind of the then evidence of character may be admitted.
accused and a justifiable conviction that a Thus, in an action for legal separation based
prompt action was necessary. (b) In sex on adultery by the wife with a man, evidence
crimes involving unchaste acts of the accused, that the man is a person of good moral
where the willingness of the woman is character may be introduced to prove that the
material, her character as to her chastity is man could not have entered into the
admissible to show whether or not she adulterous relationship.
consented to the man’s acts. (c) In murder and
in other heinous crimes, evidence of the bad
moral character of the victim is irrelevant 15.
In civil cases, evidence of the character of the
parties is not admissible unless the issue
G. Burden of Proof and Presumptions (Rule
involved is character i.e. character is of
131)
particular importance in the case, or that the
good or bad moral character of a party will H. Presentation of Evidence (Rule 132)
affect the outcome of the case. Examples
include: a) Action for damages for injury to 1. Examination of Witnesses
plaintiff’s reputation as in libel cases; b) a) Rights and Obligations of a Witness
Actions which impute moral turpitude such as b) Leading and Misleading Questions
the employment of deceit, misrepresentation c) Impeachment of Witnesses
or fraud; c) Actions for damages due to 2. Authentication and Proof of Documents
a) Meaning of Authentication
seduction; d) Legal separation or annulment of
b) Classes of Documents
marriage based on reasons grounded on the
c) Authentication of a Private Writing
d) Public Documents as Evidence; Proof of

Official Record (e) Of a witness who is an adverse party or an
3. Offer and Objection officer, director, or managing agent of a public or
a) When to Make an Offer private corporation[.]or of a partnership or
b) When to Make an Objection association which is an adverse party.
c) Tender of Excluded Evidence A misleading question is one which assumes as
true a fact not yet testified to by the witness, or
1. Examination of Witnesses contrary to that which he or she has previously
stated. It is not allowed.
Section 1. Examination to be done in open
court. - The examination of witnesses presented in Section 11. Impeachment of adverse
a trial or hearing shall be done in open court, and party s witness. - A witness may be impeached
under oath or affirmation. Unless the witness is by the party against whom he or she was called, by
incapacitated to speak, or the question calls for a contradictory evidence, by evidence that his or
different mode of answer, the answers of the her general reputation for truth, honesty, or
witness shall be given orally. integrity is bad, or by evidence that he or she has
made at other times statements inconsistent with
his or her present testimony, but not by evidence of
Section 3. Rights and obligations of a witness. - particular wrongful acts, except that it may be
A witness must answer questions, although his or shown by the examination of the witness, or record
her answer may tend to establish a claim against of the judgment, that he or she has been convicted
him or her. However, it is the right of a witness: of an offense. (11a)
(1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting Section 12. Impeachment by evidence of
demeanor; conviction of crime. - For the purpose of
(2) Not to be detained longer than the interests of impeaching a witness, evidence that he or she has
justice require; been convicted by final judgment of a crime shall
(3) Not to be examined except only as to matters be admitted if (a) the crime was punishable by a
pertinent to the issue; penalty in excess of one [(1)] year; or (b) the crime
(4) Not to give an answer which will tend to subject involved moral turpitude, regardless of the penalty.
him or her to a penalty for an offense unless However, evidence of a conviction is not
otherwise provided by law; or admissible if the conviction has been the subject of
(5) Not to give an answer which will tend to degrade an amnesty or annulment of the conviction. (n)
his or her reputation, unless it be to the very fact at Section U. Party may not impeach his or her own
issue or to a fact from which the fact in issue would witness. - Except with respect to witnesses
be presumed. But a witness must answer to the referred to in paragraphs (d) and (e) of Section
fact of his or her previous final conviction for an 10 of this Rule, the party presenting the witness is
offense not allowed to impeach his or her credibility.
A witness may be considered as unwilling or hostile
Section 10. Leading and misleading only if so declared by the court upon adequate
questions. - A question which suggests to the showing of his or her adverse interest, unjustified
witness the answer which the examining party reluctance to testify, or his or her having misled the
desires is a leading question. It is not allowed, party into calling him or her to the witness stand.
except: The unwilling or hostile witness so declared, or the
(a) On cross-examination; witness who is an adverse party, may be
(b) On preliminary matters; impeached by the party presenting him or her in all
(c) When there is difficulty in getting direct and respects as if he or she had been called by the
intelligible answers from a witness who is ignorant, adverse party, except by evidence of his or her bad
a child of tender years, is of feeble mind, or a deaf- character. He or she may also be impeached and
mute; cross-examined by the adverse party, but such
(d) Of an unwilling or hostile witness; or
cross-examination must only be on the subject without such requirement of authentication

matter of his or her examination-in-chief. (12a) because it is a self-authenticating evidence.
Section 14. How witness impeached by evidence
of inconsistent statements. - Before a witness can
be What is meant by “self-authenticating”
evidence? Self-authenticating evidence
means an evidence that requires no further
authentication in order to be presented as
Authentication and Proof of Documents
evidence in court. How are private documents
a) Meaning of Authentication authenticated? Section 20-22 Section 20.
c) Authentication of a Private Writing Proof of private document. — Before any
private document offered as authentic is
received in evidence, its due execution and
Authentication means the process of proving authenticity must be proved by any of the
the due execution and genuineness of a following means: (a) By anyone who saw the
document document executed or written; or (b) By
evidence of the genuineness of the signature
b) Classes of Documents or handwriting of the maker. (c.) By other
evidence showing its due execution and
Section 19. Classes of documents. - For the authenticity. Any other private document need
purpose of their presentation in evidence, only be identified as that which it is claimed to
documents are either public or private.
be.
Public documents are:
(a) The written official acts, or records of the
Offer and Objection
sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or of
Section 34. Offer of evidence. - The court shall
a foreign country;
consider no evidence which has not been formally
(b) Documents acknowledged before a notary
offered. The purpose for which the evidence is
public except last wills and testaments;
offered must be specified. (34)
(c) Documents that are considered public
Section 35. When to make offer. - All evidence
documents under treaties and conventions which
must be offered orally.
are in force between the Philippines and the
The offer of the testimony of a witness in
country of source; and
evidence must be made at the time the witness is
(d) Public records, kept in the Philippines, of private
called to testify.
documents required by law to be entered therein.
The offer of documentary and object evidence shall
All other writings are private. (19a)
be made after the presentation of a party's
testimonial evidence. (35a)
Documents are introduced in evidence
Section 36. Objection. - Objection to offer of
depending on whether public or private: A evidence must be made orally immediately after
private document may be considered as the offer is made.
evidence when its due execution and Objection to the testimony of a witness for lack of a
authenticity must be proved sequentially: a) formal offer must be made as soon as the witness
marked, b) identified, c) authenticated, d) begins to testify. Objection to a question
formally offered in evidence, and e) subjected propounded in the course of the oral examination
to tender of excluded evidence, if rejected by of a witness must be made as soon as the grounds
therefor become reasonably apparent.
the Court. On the other hand, a public
The grounds for the objections must be specified.
document may be introduced in evidence
(36a)
Tender of excluded evidence Judicial affidavit is a document that takes

Section 40. Tender of excluded evidence. - If place the direct testimony of witnesses in
documents or things offered in evidence are court. Instead of conducting direct testimony in
excluded by the court, the offeror may have the court, attorneys will submit affidavits with
same attached to or made part of the record. If the
questions and answers that witnesses have
evidence excluded is oral, the offeror may state for
supplied while under oath.
the record the name and other personal
circumstances of the witness and the substance of
the proposed testimony. (40) • Summary procedure: Here, there is no trial to
speak of and only submission of position
What is offer of proof? Upon rejection of papers.
evidence, the option on tender of excluded
evidence in Section 40 can be availed by the • Judicial affidavit rule: The judicial affidavit
proponent of evidence. So what do you do if shall take the place of direct testimonies of
you are the victim of an “objection sustained” witnesses. Here, to reduce the time for
by the trial court or of a motion to strike completing the testimonies of witnesses in
granted on a testimony that is crucial to you cases under litigation, the judicial affidavit rule
cause of action or defense? Make a tender of expects the filing by the parties, with service to
excluded evidence. Section 40 provides: the adverse party, of judicial affidavits, which
Tender of excluded evidence. — If documents shall serve as direct testimony, at least 5 days
or things offered in evidence are excluded by before the hearing.
the court, the offeror may have the same
attached to or made part of the record. If the In a judicial affidavit rule: The parties’
evidence excluded is oral, the offeror may documentary and object evidence are
state for the record the name and other expected to be marked and appended to their
personal circumstances of the witness and the judicial affidavits prior to filing in court, subject
substance of the proposed testimony. (n) Why to the retention of the original if so desired.
make a tender? 1. To allow the court to know
the nature of testimony or the documentary Section 9. Application of rule to criminal
evidence and convince the trial judge to permit actions. – (a) This rule shall apply to all
the evidence or testimony; 2. Even if he is not criminal actions: (1) Where the maximum of
convinced to reverse his earlier ruling, the the imposable penalty does not exceed six
tender is made to create and preserve a years; (2) Where the accused agrees to the
record for appeal. use of judicial affidavits, irrespective of the
penalty involved; or (3) With respect to the civil
aspect of the actions, whatever the penalties
involved are.
I. Judicial Affidavit Rule (A.M. No. 12-8-8- J. Weight and Sufficiency of Evidence (Rule
SC) 133)
K. Rules on Electronic Evidence (A.M. No.

01-7-01-SC)
Are there exceptions to the rule that
examination shall be made in open court?
Enumerate these.
ELECTRONIC DOCUMENTS
regarded as the equivalent of the

SECTION 1. Electronic documents as original.
functional equivalent of paper-based Notwithstanding the foregoing, copies
documents. – Whenever a rule of evidence or duplicates shall not be admissible to
refers to the term of writing, document, the same extent as the original if:
record, instrument, memorandum or any (a) a genuine question is raised as to the
other form of writing, such term shall be authenticity of the original; or
deemed to include an electronic document (b) in the circumstances it would be
as defined in these Rules. unjust or inequitable to admit a copy in
lieu of the original.
SEC. 2. Admissibility. – An electronic RULE 5
document is admissible in evidence if it AUTHENTICATION OF ELECTRONIC
complies with the rules on admissibility DOCUMENTS
prescribed by the Rules of Court and
related laws and is authenticated in the SECTION 1. Burden of proving
manner prescribed by these Rules. authenticity. – The person seeking to
SEC. 3. Privileged communication. – introduce an electronic document in any
The confidential character of a legal proceeding has the burden of proving
privileged communications is not solely its authenticity in the manner provided in
on the ground that it is in the form of this Rule.
an electronic document. SEC. 2. Manner of authentication. –
Before any private electronic document
RULE 4 offered as authentic is received in
BEST EVIDENCE RULE evidence, its authenticity must be
proved by any of the following means:
SECTION 1. Original of an electronic (a) by evidence that it had been digitally
document. – An electronic document shall signed by the person purported to have
be regarded as the equivalent of an signed the same;
original document under the Best Evidence (b) by evidence that other appropriate
Rule if it is a printout or output readable security procedures or devices as may
by sight or other means, shown to reflect be authorized by the Supreme Court or
the data accurately. by law for authentication of electronic
SEC. 2. Copies as equivalent of the documents were applied to the
originals. – When a document is in two document; or
or more copies executed at or about (c) by other evidence showing its
the same time with identical contents, integrity and reliability to the
or is a counterpart produced by the satisfaction of the judge.
same impression as the original, or SEC. 3. Proof of electronically notarized
from the same matrix, or by document. - A document electronically
mechanical or electronic re-recording, notarized in accordance with the rules
or by chemical reproduction, or by promulgated by the Supreme Court shall
other equivalent techniques which is be considered as a public document and
accurately reproduces the original, proved as a notarial document under
such copies or duplicates shall be the Rules of Court.
RULE 11
AUDIO, PHOTOGRAPHIC. VIDEO
AND EPHEMERAL EVIDENCE
****SECTION 1. Audio, video and
similar evidence. – Audio,
photographic and video evidence of
events, acts or transactions shall be
admissible provided is shall be shown,
presented or displayed to the court and
authenticated by the person who made
the recording or by some other person
thereof.
SEC. 2. Ephemeral electronic
communication. – Ephemeral
electronic communications shall be
proven by the testimony of a person
who was a party to the same or has
personal knowledge thereof. In the
absence or unavailability of such
witnesses, other competent evidence
may be admitted.
A recording of the telephone
conversation or ephemeral electronic
communication shall be covered by the
immediately preceding section.
If the foregoing communications are
recorded or embodied in an electronic
document, then the provisions of Rule
5 shall apply.

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REMEDIAL LAW REVIEW - BAR 2 0 2 3 “ EVIDENCE

7. Hearsay and Exceptions to the Hearsay

D. Object (Real) Evidence (Rule 130, A)

1. Qualiﬁcations of Witnesses Proof is the result or effect of evidence while

In civil cases, the burden of proof is on the plaintiff 3. Multiple Admissibility

Conditional Admissibility Competent Not excluded by the Constitution, the

Example: a copy of a writing may not be

e. Curative Admissibility Judicial Notice

Possible exam question: Basic requisites for admissibility

a. When Mandatory Exclusionary rules of evidence

1. Existence and territorial extent of states; 1. Constitutional exclusionary rules

1. Matters of public knowledge; ✓ It is settled that for an extrajudicial confession

EXCLUSIONARY RULES (RECOGNIZED EVIDENCE

methodology employed; the scientific

The order for DNA testing shall issue after due

(e) The existence of other factors, if any, which

The issuance of a DNA testing order remains

1) a biological sample exists;

containing letters, words, sounds, numbers,

Documentary evidence consists of either: a) General Rule:

Documents as evidence consists of writings, XPNs:

“Electronic document” refers to information or A recording of the telephone conversation or

An electronic document shall be regarded as

(1) When a document is in two or more copies EXAM QUESTION

the one who transferred to the flash drive the

For over a year, Nenita had been estranged

SUGGESTED ANSWER The objection should

SUGGESTED ANSWER The objection should

2. Disqualification by reason of privileged Take note: A widow of a victim allegedly

(iii) Breach of duty by lawyer or client. As to a

to him, or his advise given thereon.

b) The communication or advice must be given in Problem:

3. Members of the patient’s family

(2010 BAR EXAMS) SUGGESTED ANSWER

C. Communication between physician and

1. Physician In a murder prosecution: To support a claim of

Accused, Dr. AB, famed law professor is

The physician’s testimony is ADMISSIBLE. In

The objection should be overruled. Dr. Datu is

3. The confession or advice was given in his

Section 25. Parental and filial privilege. – No Exception.

Art. 215: No descendant shall be compelled,

2. Filial Privilege: A child cannot be compelled EXPN:

Jurisprudence has consistently acknowledged the

4. Admissions and Confessions RULE: Self-serving declarations which are

An admission is an act, declaration or Admission Confession

a. an offer of compromise is not an admission and their children. b) Prosecutions

2. In criminal cases, except 1. The civil status of a person

Applies only to extrajudicial confessions and contracted debts

Requisites: b) grantor and grantee c) executor and

Exception: A person under custodial

During custodial investigation at the Baguio

Adoptive admission may occur when a party:

Ricky, while driving his Maserati, smashes into

D. No, since evidence of guilt of a past crime SUGGESTED ANSWER

If I were the judge, I would sustain the

2. Signed by such person in the presence of Forms:

Two-tiered meaning: Exception to the Hearsay Rule

A. A statement other than one made by the 1. Dying declaration