EVIDENCE
authentication eg. NBI (not yet authorized)
DOCUMENTARY EVIDENCE
-Writings offered as proof of their contents
-not the documents itself
eg. When evidence offered both as object and
documentary (Multiple admissibility)
Electronic evidence (E-Commerce Act of 2000)
-document by which Right is established or
obligation is extinguished (contract)
-received, recorded, transmitted, stored, processed,
retrieved or produced ELECTRONICALLY
-includes digitally signed, print-out or output
readable by sight or other means
-electronic document=electronic data message
Electronic documents
-electronic evidence=documentary evidence
-functional equivalents of paper-based documents
-does not require to be initially generated or
produced electronically eg. autocad, typing
-A contract traditionally prepared may be converted
to electronic document
not electronically made: drew a photo and took a
picture of it (captured electronically); but considered
electronic document
Burden of Proving Authenticity: Person introducing
the electronic document
-not required if only to prove its existence
Manner of Authentication
-someone must testify to authenticate
(applicable to private electronic document only) and
when you offer it as authentic
-present document as private and to prove
authenticity
Private document: by private individual
Public document: by public official
notarization: makes private document public; no
need for testimony; court will just check the face of
document and assess if properly notarized
when someone questioned: the lawyer’s signature is
fake (witnesses the affixing of signature): private
document
To prove the existence and authenticity:
 digitally signed by the person
 appropriate security procedures as authorized
by the Supreme Court or by law as
 other evidence showing its integrity/reliability
to the satisfaction of the judge
Electronically Notarized Documents: considered
public document and proved as notarial document
under the Rules of Court
Admissibility of Documentary Evidence:
 relevant
 authenticated (by someone who have seen the
signature being affixed)
 authenticated by competent witness
 formally offered
Offer
Not all requisites in court are offered in court
different times in offering:
testimonial: offered the moment testimony is given
document: offered after or before judgment
BEST EVIDENCE RULE
(Original Document Rule or Primary Evidence Rule)
Rule 130, Sec. 3
-If the content of the object is in inquiry, present the
original
-No evidence shall be admissible other than the
original document itself
Original document must be produced.
Rationale:
 Exact words of a writing
 prevent and detect fraud
 prevent possible erroneous interpretations
BEST EVIDENCE RULE is NOT ABSOLUTE
Exception:
>lost or destroyed or physically impossible to bring/
or cannot be produced in court without bad faith on
the offeror
LOST: something you cannot recover
-eg. cave writings, inscriptions in walls/buildings,
documents are outside the country (outside court
jurisdiction)
remedy: presentation of secondary evidence
If lost, present affidavit of loss
if: person submits affidavit of loss even if the
document was not lost: perjury
lawyer has no liability if he does not know

>original is in the custody or control of the party
against whom the evidence is offered
ex: brothers
(shares land title);
co-owns 700 hectares
Brother: the land title is lost.
sister: prove that it is in the possession of the
brother
-eg. offended party must:
a. prove that it is with the adverse party
b. compels the adverse party to produce it
c. if not: contempt
Remedy: certified true copy from Land Registration
Authority or Registry of Deeds —Under Public record
>consists of numerous accounts
-saves time
-fact sought to be established is the general result of
the whole
-eg. Accounting Book (contains so many pages but
you only need the last page)
INSOLVENT (more liabilities than assets; not how
much you earn but how much you owe)
>public record (eg. land titles), ORCR of car,
Marriage contract (get from Civil Registrar)
BEST EVIDENCE RULE CAN BE WAIVED: failure to
make waiver
ex. adverse party presented the document and no
objection (failure to object=waiver)
WAIVER: the rule may be waived if not raised in the
trial
CIVIL CODE (General Rule): Rights are waivable
except if against law, morals or public policy
EX: Priest, were you the one who solemnized? Were
you able to sign? (existence) (Objection!): lawyer is
incorrect
Priest, when was the marriage? (content); place,
circumstances, persons involved
Best Evidence Rule applies only to documentary
evidence.
Requisites:
-Must involve a document
-subject of inquiry: contents
-does not apply to testimonial and object evidence
-only to Documentary evidence
Secondary Evidence (sequence must be strictly
followed)
-Original Document
eg. Birth certificate
-Photocopy
-Transcribed in other docs.
eg. Land title lost: Bureau of Lands: get land
description
-Affidavit/Testimonial Evidence
Authentication is different from corroborative
Original
-General Rule: Content is the subject of inquiry
eg. If the paper used is in question (old/new): Object
evidence
-Document (two or more copies executed at same
time w/ identical contents); all equally regarded as
originals
eg. Carbon paper plus original eg. DR form; -matrix
printers (for receipts, COR)
-entry is repeated in regular course of business; one
being copied from another; business transaction; all
copies equally regarded as originals
MODERN:
e.g. 1 original plus 5 photocopies (all individually
signed): 6 original copies;
>1 original (signed) then make 5 photocopies: 1
original only
ORIGINAL copy: only the ones with originally affixed
signature
Department Circular: Blue ink in signing; due to
modern printers
Electronic Evidence
-does not require signature as long as integrity is
preserved
original: print-out or output readable (sight or other
means)
eg. Print-out/photocopy= original; as long as
accurately reproduces original
Facsimile Transactions
(FAX Machines: phone w/ printer); old school
-Is printout of Fax, electronic data message or
electronic document? (electronically sent)
IRR (Implementing Rules & Regulations of E-
Commerce Act): FAX message is electronic
Supreme Court Ruling: NOT
MCC Industrial Sales Corp. VS SSANYONG Corp.: NOT
Garvida VS SALES: (Election)
-A facsimile is NOT a genuine or authentic pleading
IRR: by executive department (quasi-legislative
function); avoid nepotism or concentration of
powers in one branch; no violation
Law: by Legislative department
Conflict between law and IRR: Law PREVAILS
Supreme Court Ruling:
NOT ELECTRONIC
Parol Evidence Rule: applicable to Law of Contract
eg. as long as MEETING of MINDS; even not in
writing
except: executory contracts (needed in writing);
involves money more than 500; land contracts
Written form of contracts not required.
If agreement in Writing: parol evidence rule apply
What parties Agreed: everything is written in
contract
presumption: everything’s there
Exception:
-intrinsic ambiguity, mistake or imperfection
eg. lawyer is unlicensed
-Failure of written agreement to express true intent
eg. what you mean; is not what is written (misuse of
words)
-validity of written agreement
-existence of other terms of agreement (verbally
amend); made after execution of written agreement
Authentication (public doc.)
-presumed duly executed; prima facie regularity
Private Doc
-proved either:
>anyone who saw
>evidence of genuineness of signature or
handwriting maker
Evidence of Authenticity (Private Doc)
-if more than 30 years old (genuine from the start)
Testimonial Evidence
Qualifications of Witnesses
-All who can perceive, perceiving and can make their
known perception to others
-Not ground for DQ:
>Religious or political belief
>interest in the outcome of case
>conviction of a crime unless otherwise provided by
law
eg. Joma Sison (NPA) testifies in favour of co-NPA
(bias; same ideology)
NO age requirement
Admissibility vs. weight
Who cannot be witnesses?
1. mental incapacity/immaturity
(a) incapable of making known their perception to
others;
(b) Children whose mental maturity render them
incapable of perceiving the facts and of relating
them truthfully.
MAY NOT be compelled but can testify:
-President while in office
-Justices of Supreme Court
-Members of Congress while congress is in Session
-Foreign Ambassadors to PH
-Consuls & other foreign diplomatic officials
exempted by a treaty
-accused in a criminal case
Deaf-mutes as witnesses
Competent if:
-understands sanctity of an oath
-comprehend facts to testify
-communicate through a qualified interpreter
(P vs. Tuangco)
DQ: privileged communication
>Husband/Wife-legally married; destroys union if
they testify against each other
except:
-crimes that violate the Anti-Violence against
Women and Children Act, RA 9262,
criminal case
-civil case: separation of property, legal separation
>Muslim: applicable to all wives.
CHILD WITNESS ACT
Estranged spouse -can receive correct impressions
(separated but marriage bond still there) can testify -comprehend obligation of oath
(BAUTISTA) -capacity for observation, recollection and
-wife: asks division of property communication
-relationship: any communication is confidential
-yes, not anymore covered by privileged eg. child witnessed at 11 y/o; testified at age 15
communication
-communications made when they’re still ok is >intelligence: test of competency not of age
covered >court must be satisfied as to competency
-no more harmony
eg. P v. Castañeda, CHILD WITNESS LAW
Alvarez v. Ramirez (Child testimony)
-public or those not connected with the case may be
>Lawyer-client (fiduciary); open communication; excluded
trust/confidence -accompanied by two or more persons of his own
-direct line: apo, anak choosing (provide emotional support)
-collateral line: pamangkin -testimony by live-link television (child likely to suffer
trauma when testifying in presence of accused)
REQUISITES: -Leading questions are allowed in all stages of
>applies to PAST CRIMES only examination (eliciting intelligible answers)
eg. I will kill him tonight.; administratively liable if -Testimony is confidential
not reported
Past Acts of Terrorism: cannot General Rule: Leading questions (without basis) are
>lawyer-client relationship (payment of at least 1 not allowed
peso) >Testify first before questioning
except: client vs. lawyer case >Objections during presentation

Legal Ethics Misleading Questions

-Lawyer-Client -assumes true fact not yet testified by the witness or
Client 1: DONE; all information brings to grave contrary to which he has stated
Client 2: files a case vs. Client 1; waits for consent of -not allowed in all stages
Client 1 before becoming lawyer
>includes lawyer-secretary relationship (can’t testify) Leading questions:
To coach the witness
-Doctor-Patient (full treatment) -indicates to witness the answer desired by the party
eg. STD/AIDS; epidemics (SARS) -not allowed during cross exam except child witness
-threat to public health (highly contagious disease)
TRIAL
-Priests/Ministers-Confessant (Counselor-Counselee) -Direct Exam of Chief
Optional:
-Public Officers on Matters of Public Interest -Cross exam by adverse party
eg. Espionage
 -Re-Direct
-Re-Cross
EXECUTIVE PRIVILEGE
Testimonial Privilege
(Senate V. Ermita)
Sec 25. Parental & filial privilege
>Separation of Powers
No person is compelled to testify against his parents,
-President has power over executive department
direct ascendants, children or direct descendants.
-exemption enjoyed by Pres. from disclosing info to
congressional inquiries/judiciary
>FAMILY CODE (Art. 215):
except: Judicial Functions
-No descendant is compelled, in criminal case to
testify against EXCEPT when testimony is -lack of material time, no more cross exam; then
indispensable in a crime against descendant or by next trial
one parent against the other. 
 -witness arrives, defense lawyer didn’t arrive: there’s
opportunity
>Rule 130, Sec. 25 (RULES OF COURT): NO
-testimony w/out cross examination: admissible as
exemption
evidence: waives the right
Impeachment of a witness
Character Evidence
-discredit a witness by attacking the credibility
-aggregate of moral qualities which distinguish
Modes:
CHARACTER vs REPUTATION
>Contradictory evidence
Character: who you really are
“I saw X stab Y in chest” (testimonial)
Reputation: what others think
Medico-legal: NO (object)
Witness is lying
character is normally proved by reputation
>Evidence that reputation for truth, honesty &
PRESUMPTION OF GOOD MORAL CHARACTER
integrity is bad
-not allowed: specific wrong not yet decided by
Character evidence not admissible except in rebuttal
court
allowed if there’s conviction for perjury, falsification
if good moral character is being attacked
of doc.
(prosecution side)
ex: falsification of doc, estate, you can prove good
>evidence that he made statements inconsistent
oral
with present testimony
defense: may prove good moral character pertinent
to moral trait involved in offense charged (applies
INCONSISTENT STATEMENTS
only to criminal case)
-Laying the predicate: reaffirm the most recent
statement
MURDER does not affect moral character;
1st statement: they were having sex on the sofa
presumption of good moral character still exists
2nd Statement: they were having sex on the floor
You cannot present evidence in person; prove by
-Second-relate prior inconsistent statement & build
rebuttal only
up contradictory utterance by relating the
circumstances
Character evidence:
ex: madam, can you remember having affidavit? is
inadmissible in Child Abuse
this your signature? attested that.
RAPE SHIELD LAW:
do you affirm its truthfulness? do you affirm the
Under child witness law
statement?
(child in sex abuse and
human trafficking act)
-Third, allow the witness to explain the
>being promiscuous (had many partners in the past;
inconsistencies
not admissible)
(why you are now saying that… when previously..)
-evidence to prove that the alleged victim engaged
in other sexual behaviour (specific) (batang hamog)
DEATH OR ABSENCE of witness
-evidence offered to prove the sexual predisposition
-no cross-examination, inadmissible as evidence
(general); ex: do you like having sex?
-dies before cross examination is over, testimony on
do you find pleasure?
the direct not covered may be stricken out
example: child accused of rape
Cross examination not conducted due to causes
minor rape victim: miss witness, did you have any
attributable to adverse party
past sexual relations? (objection!)
-if fault of accused: not the actual opportunity to
before you were trafficked, were you a prostitute?
testify, mere opportunity to testify is enough
>SEC. 30
 Admissible: he was hit in the head or a hard object
except: (admissible) hit him (possibilities)
Evidence of sexual behavior by victim to prove that
person other than the accused was the source of HEARSAY RULE
semen, injury or other physical evidence; very (GENERAL EXCEPTIONS)
specific Dying Declaration
GENERALLY, OPINION IS NOT ALLOWED except -declaration of dying person
expert witness -dying person: incapable of lying
Let the court decide
RES GESTAE
Opinion of ordinary witness (personal knowledge: 5 -if dying person survives or lives
senses) -testimony must be connected to cause of death
-regarding: -under consciousness of impending death
>identity of a person -in toto or paraphrased as long as the thought is
(adequate knowledge; buddy, close friend) there
>handwriting
(sufficient familiarity) Part of Res Gestae-things done
ex: signature: boss-secretary; secretary can replicate -startling occurrence
>mental sanity of a person (sufficiently acquainted) -statements accompanying an equivocal act
>testify on his impressions of emotion, behavior,
condition or appearance of the person Declaration against interest:
-not self-serving
Witness cannot conclude -made by person deceased or unable to testify
X: the person is drunk (you cannot conclude, let the against the interest of the declarant
court decide based on testimony)
 : he cannot walk straight, smells liquor, DEAD MAN’s STATUTE
mumbling -person is already dead, how can he testify?
-for civil cases (pecuniary, proprietary, moral or
TESTIMONIAL KNOWLEDGE penal)
-Personal knowledge
(cross examination) PEDIGREE-obligation
eg. Where were you at that time?; sabi sakin ni X. -paying the tuition
X? sinabi sakin ni Y.
-hearsay excluded except expert witness COMMON REPUTATION-what others think; no
-NO opportunity to cross exam the outside declarant personal knowledge; public or general interest more
than 30 years old
Expert witness
(training, experience, cases handled); be QUALIFIED Learned Treaties-in connection with judicial notice;
first as expert
-not absolute Entries in official records:
-DAUBERT TEST testimony/deposition at former proceeding:
-special knowledge, skill, experience or training recorded in court
which he possesses
-opinion backed by science EVIDENCE FINALS
-eg. medico-legal doctor, chemist, forensic scientist
(cause of death) BURDEN OF PROOF
-PASSING THE BAR EXAM does not automatically -duty to present evidence on the facts in issue to
qualify them as expert witness establish his claim or defense
DOCTOR must give opinion backed by science
eg. Victim with Hematoma: BURDEN OF PROOF or ONUS PROBANDI: obligation
Accused: I did not hit him with a baseball of party to litigation to persuade court that he is
Doctor: Someone hit him in the head (not entitled to relief
admissible); opinion -does not shift

Ex: Criminal case: prosecution
Prosecution: affirmative
Defense: negative
Administrative/Civil case: affirmative/plaintiff
Allegations must be substantiated with evidence
Criminal case: with preliminary investigation (test
trial; find probable cause first)
Civil/administrative: direct to court
BURDEN OF EVIDENCE
-duty of party to go forward with the evidence to
overthrow the prima facie evidence against him
-shifts
Is it possible to have the burden of proof at same
time burden of evidence? Yes
Ex: criminal case:
Burden of proof: prosecution
if guilty, burden of evidence shifts from prosecution-
defense
EQUIPOISE RULE
-equality of evidence
-civil case: equal
-criminal case: in favor of accused; proof beyond
reasonable doubt
-no one shall be deprived of life, liberty or property
without due process of law (Art 3, Sec. 1)
-decision of parties are evenly balanced or there is
doubt on which side the evidence preponderates-
the decision will be against the party with the
burden of proof
>Affirmative defense: self-defense; article 11 & 12:
justifying and exempting circ.
Ex: I killed him because…
-Affirmative defenses: implied admission
Burden of proof: Accused (Defense)
eg. X killed Y; X just defending himself
Negative pregnant: No but pregnant admission
Presumption
-assumption of fact from a rule of law; requires fact
to be assumed from other fact/s or established in
the action
Presumption vs. Inference
Presumption-mandated by law and establish a legal
relation between or among facts
Inference- factual conclusion rationally drawn from
other fact
a. Presumption of Fact (Inference)
-not legally binding
eg. X killed Y kasi may galit si X
b. Presumption of Law
a. Conclusive Presumptions: irrebuttable
eg. Presumption of innocence
>estoppel in pais/estoppel by conduct
-by act or omission intentionally led another to
believe a thing true; he cannot falsify it
eg. dahil sinabi mo na, panindigan mo;
if you pretend to be a lawyer, do not deny
anymmore
>Tenant: landlord
eg. tenant cannot deny the authority of the landlord
b. Disputable Presumptions-rebuttable
-satisfactory if uncontradicted but may be
contradicted by other evidence; 700+
>That person is innocent of a crime or wrong
(Presumption of innocence)
>Unlawful act done with an unlawful intent
>person intends the ordinary consequences of
voluntary act
>Person takes ordinary care of his concerns
>Evidence willfully suppressed would be adverse if
produced
Inference: use logical reasoning
eg.
>X killed husband
>Wife and X are always talking to each other
inference: principal inducement of wife
Effect of Presumption:
-party where legal presumption exists may invoke
such to establish a fact in issue
-if prosecution can’t prove,
case dismissed
Burden of proof
INVERSELY PROPORTIONAL
with presumptions
Presumption of
Innocence & Regularity;
Innocence prevails
Examination of Witness
-in open court & under oath/affirmation
-except: incapaciy to speak or question calls for
different mode of answer; be orally given
-All Court hearings be recorded (shorthand or
stenotype)
-in the past:
Court of Appease: MTC (settlement only)
Court of First Instance: RTC
Judicial notice not presumption of law
Generally, presumptions are provided by law
Rights and Obligations of Witness
-protected from irrelevant or insulting questions and
from harsh demeanour
-not to be detained longer than the interests of
justice require
-not to be examined except only as to matters
pertinent to issue
-not to give an answer which will tend to subject him
to a penalty for an offense
-not to give an answer which will tend to degrade his
reputation; unless if very fact at issue would be
presumed; answers to a previous final conviction for
an offense
Order:
-Direct (Pros); build
>exam by party presenting him
>leading questions are not allowed except child
witness
Optional:
-Cross (Def); destroy
-matters stated in direct exam
-test accuracy, truthfulness and freedom from
interest or bias
>leading questions are allowed
-Re-Direct(Pros); rebuild
>on answers during cross exam
>not Extension of direct
-Re-Cross (Def); destroy again
>not Extension of cross
Recalling Witness
-can’t be recalled without leave of court
-grant or withhold leave in the interest of justice
-by court order
-favorable to defense council
When witness may refer to memorandum-allowed
-anything written or recorded by himself or under
his direction at the time when it occurred
Offer and Objection
-Offer vs. Presentation
yes: Testimony: same time
no: Documentary & object: not
-evidence will not be considered in court unless
formally offered
-purpose be specified (relevant)
Objection is done immediately after offer is made
When to make offer:
-Testimony: when witness testifies
-Documentary & object: oral unless allowed by court
in writing
if oral offer, oral objection
if in writing; in writing objection
Essence: admissibility of evidence
When to object:
Oral examination
-as soon as grounds become reasonably apparent
-3 days after notice (directive)
-court may extend
General objections: not allowed
Continuing objection: same class
Preponderance of evidence
-superior weight of evidence
-plaintiff vs. defendant
-civil case
Substantial Evidence
-honor code cases
-administrative/quasi-judicial bodies
Clear and convincing evidence
-overthrows presumption of irregularity
Proof beyond reasonable doubt
-excludes possibility of error
-moral not absolute certainty
In criminal case: one can be acquitted even w/out
presenting evidence; presumption of innocence