USC College of Law - Third Year EVIDENCE SY 2011-2012

USC College of Law – Third Year
EVIDENCE SY 2011-2012
I. Preliminary Matters
A. Evidence as defined by the Revised Rules on Evidence
- Means sanctioned by the rules of ascertaining in a judicial proceeding the truth respecting a
matter of fact
- “sanctioned” – allowed by Rules of Court
- Purpose of Evidence: to ascertain the truth respecting a matter of fact in a judicial proceeding
- Truth is referred as judicial or legal truth.
- ELEMENTS OF EVIDENCE
1. Evidence is a tool in achieving the ultimate purpose and that purpose is the ascertainment of
a truth
2. Evidence as a means to be sanctioned by the rules or law for that matter
3. Means of ascertaining in a judicial proceedings
4. Ascertaining in a judicial proceeding the truth
- Evidence is the means of proving a fact.
- Evidence needed: when there is a need to resolve a fact; factual issue
- Evidence not needed: when there is no question of fact
- Evidence may be dispensed with by the parties, agree in writing
- Evidence is not required on matters of judicial notice and on matters judicially admitted
- Rules on evidence apply only to judicial proceedings. It is not applicable to
1. Elections cases
2. Land registration
3. Cadastral
4. Naturalization
5. Insolvency proceedings
6. And other cases not provided except by analogy or in a suppletory character when
practicable/convenient.
- Technical rules of evidence are not binding on labor cases. labor officials should use every
reasonable means to ascertain the facts in each case speedily and objectively without regard to
technicalities of la or procedure, all in the interest of due process.
- Rules of Evidence are not binding on administrative bodies but their findings of facts are however
respected so long as they are supported by substantial evidence even though not overwhelming
of preponderant.
- Principle on Uniformity – rules of evidence shall be same in all courts and in all trials and
hearings except provided by law or rules.
- Exceptions which lead to evidentiary differences bet. civil and criminal cases:
Civil Case Criminal Case
1. Party having the burden of proof 1. Guilt of accused must be proven
must prove his claim by beyond reasonable doubt
preponderance of evidence 2. Except in quasi-offenses or
2. An offer of compromise is not an those allowed by law to be
admission of any liability and is compromised, an offer of
not admissible in evidence against compromised by the accused
the offeror. may be received in evidence as
3. Presumption of innocence does an implied admission of guilt
not apply 3. Accused enjoys constitutional
presumption of innocence
B. Evidence and Proof
Evidence Proof
- Medium or means by which a facts is - Not the evidence itself
proved or disproved - There is proof only because of evidence
- It is merely a probative effect of evidence
and is the conviction or persuasion of the
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mind resulting from a consideration of
evidence
- It is the effect of evidence
- Bare allegations with no evidence are not
proof
Falsus in Uno, Falsus in Omnibus
- false in one thing, false in everything.

- It means if a testimony of a witness on a material issue if willfully false and given with an
intention to deceive, the jury may disregard all the witness’ testimony.
- Deals only with weight of evidence and is not a positive rule of law.
- Not a categorical test of credibility.
Requisites:
a. Testimony must have been false as to material point
b. Witness must have a conscious and deliberate intention to falsify a material point
Alibi
- Inherently weak, crumbles in light of positive identification by truthful witnesess.
- It is evidence negative in nature and self-serving and cannot attain more credibility than the
testimonies of prosecution witnesses who testify on clear and positive evidence.
- Not enough for accused to prove that he was somewhere else when crime was committed and
he must likewise prove it was physically impossible for him to be present at the crime scene or
its immediate vicinity at the time of its commission
- Can’t prevail over positive identification of accused as perpetuator of the crime
- “physical impossibility” – means distance and the facility of access between the sitius criminis and
the place where he says he was when the crime was committed
Requisites for Alibi to prosper:
a. The presence of the accused in another place at the time of the commission of the offense
b. Physical impossibility for him to be at the scene of the crime at the time of its commission
Frame-up
- Viewed with disfavor as it can be easily concocted
- Common as defense in violations of Dangerous Drugs Act
- Legal presumption exist that official duty has been regularly performed exist
- For it to prosper: defense must adduce clear and convincing evidence to overcome presumption
of regularity
Self-defense
- Inherently weak because it can be easily fabricated
Delay in reporting of a crime
- Delay in reporting by witness of what they know about a crime does not render their testimonies
false and incredible because of natural reticence.
- Fear of reprisal and social humiliations are sufficient explanations for delay in reporting crimes
Positive Evidence
- As a GR is more credible than negative evidence. Reason: witness who testifies to a negative
may have forgotten what actually occurred while it is impossible to remember what never existed.
- Denial evidence – weakest evidence and can never overcome a positive testimony
Negative Evidence
- Self-serving in nature and cannot attain more credibility than the testimonies of witnesses who
testify on clear and positive evidence
C. Factum Probandum and Factum Probans

Evidence signifies bet. 2 facts:
1. Factum Probandum – the fact or proposition to be established; fact to be proved; fact of which is
in issue and to which evidence is directed; may be affected by judicial admissions of a party;
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1.1. In civil case, it refers to the elements of a cause of action from pt. of view of plaintiff
and elements of defense from standpoint of defendant.
1.2. In criminal cases, it includes all matters that the prosecution must prove beyond
reasonable doubt in order to justify a conviction
2. Factum probans – facts or material evidencing the fact or proposition to be established; probative
or evidentiary fact tending to prove the fact is issue; the totality of evidence to prove liability
D. Classification of Evidence
(i) Object/Real, documentary, and testimonial evidence
a. Object/real – addressed to the senses of the court, it’s the real thing; tangible things not
perception of the witness or a recollection of that perception; not visual alone; covers
entire range of human senses: hearing, taste, smell and touch. Physical evidence ranks
higher than testimonial evidence.
REQUISITES FOR ADMISSIBILITY:
1. Requires object be both relevant and competent.
2. For object not to be excluded, the same must pass test of authentication.
To authenticate
2.1. is it the real thing? It must be shown object is same object as subject matter of
lawsuit or one involved to prove an issue in case
2.2. There must be someone who should identify the object to be the actual thing
involved in the litigation.
3. Authentication must be made by a competent witness
4. Object must be formally offered in evidence.
- CATEGORIES OF OBJECT EVIDENCE
A. Objects that have readily identifiable marks
B. Objects that are made readily identifiable
C. Objects with no identifying marks and cannot be marked
b. Documentary evidence – does not exclusively refer to writings; has 2 categories
1. Writings – instantly recognizable documents like written contracts and wills
2. Any other material containing modes of written expressions offered as proof of
contents – not traditionally considered as writings but are actually objects.
c. Testimonial Evidence – evidence elicited from the mouth of a witness as distinguished
from real and documentary evidence. It is sometimes called “viva voce evidence” which
literally means living voice or by word of mouth. Here, a human being is called to the
stand, is asked questions and answers the questions asked of him. The person who
gives the testimony is called a witness.
Qualifications of a witness:
1. He can perceive and in perceiving
2. He can make known his perception to other’
3. Must take either an oath or an affirmation
4. Must not possess the disqualification imposed by law or the rules
(ii) Relevant, material, and competent evidence
(iii) Direct and Circumstantial evidence
a. Direct Evidence – evidence which if believed proves the existence of a fact in issue
without reference or presumption. It proves a fact without the need to make an inference
from another fact. Court does not have to make an inference from one fact to arrive at a
conclusion.
 In absence of DE, court may resort to CE.
 Direct- directly proves a fact in issue without any inference from other
established facts. Now, example. Testimony of an eye witness. In a case for
murder, a witness will testify that on such date and time, he saw the accused
killed the victim. That is a direct evidence because it directly proves a fact in
issue. And the fact is issue here is WON the accused killed the victim.
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b. Circumstantial Evidence – evidence that indirectly proves in issue through an inference
which the fact finder draws from the evidence established. Court uses a fact from which
an assumption is drawn.
 Circumstantial- the opposite of direct evidence. It indirectly proves a fact in issue
by the aid of inference from other established facts. So a circumstantial evidence,
while it may prove a fact in issue collaterally, it needs as a precondition of other
facts before a circumstantial evidence can serve its purpose of indirectly proving
a fact in issue.
 3 classifications circumstantial evidence:
1. Antecedent circumstances- circumstances that happened before the fact in issue
occurred. So in a crime of murder, the antecedent circumstances are
circumstances which happened before the crime was committed. But being a
circumstantial evidence, these antecedent evidence may indirectly prove the fact
in issue which is murder by the aid of inference from other established fact.
2. Contemporaneous- circumstances occurring at the time of the fact in issue.
3. Subsequent circumstance- a circumstantial evidence which took place after the
occurrence of the fact in issue.
B1. In criminal cases, circumstantial evidence may be sufficient for conviction. Requisites:
a. There is more than one circumstance
b. Facts from which the inferences are derived are proven
c. Combination of all the circumstances results in a moral certainty that the accused ,to
the exclusion of all others, is the one who has committed a crime. is such as to
produce a conviction beyond reasonable doubt
 A conviction based on CE must exclude each and every hypothesis consistent
with innocence. Hence, if the totality of CE eliminate beyond reasonable doubt
the possibility of innocence, conviction is proper.
 CE is not a weaker defense vis-à-vis direct evidence.
 In both types of evidence, what is required is proof beyond reasonable doubt.
 In appreciation of CE, four basic guidelines:
1. It should be acted upon with caution
2. All essential facts must be consistent with hypothesis of guilt
3. Facts must exclude every other theory but that of guilt
4. Facts must established such a certainty of guilt of the accused as to
convince the judgment beyond a reasonable doubt that the accused is the
one who committed the offense
Flight or Non-Flight
- Non-flight does not signify innocence
- Simply an inaction
- Flight alone is not a reliable indicator of guilt without other circumstances because flight alone is
inherently ambiguous
(iv) Cumulative and Corroborative evidence
a. Cumulative Evidence – evidence of the same kind and character as that already given
and that tends to prove the same proposition
b. Corroborative Evidence – supplementary to that already given tending to strengthen or
conform it. It is additional evidence of a different character to the same point.
Corroborative testimony is not always required. Corroborative evidence is necessary where
only when there are reasons to suspect that the witness falsified the truth or that his
observations are inaccurate.
Corroboration is not required of a testimony of a child if credible.
(v) Positive and Secondary Evidence
(vi) Positive and Negative Evidence
a. Positive Evidence – when a witness affirms in the stand that a certain state of facts
does exist of that a certain event happened. Greater probative value is given.
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b. Negative Evidence – when witness states that an event did not occur or that the state of
facts alleged to exist does not actually exist.
o Positive and negative evidence may refer to presence of absence of something.
o Denial is negative evidence. Mere denial does not overturn the relative weight and
probative value of an affirmative assertion.
(vii) Expert Evidence
o Rules of evidence liberally construed, may be waived except on matters of national
security.
II. Admissibility of Evidence
- 2 Elements for Evidence to be Admissible
1. Evidence is relevant
2. Evidence is not excluded by the rules (competent)
- The formula for admissibility: evidence must be both relevant and competent
A. Rule 128, Secs. 1-4
SECTION 1.Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (1)
Sec. 2.Scope. — The rules of evidence shall be the same in all courts and in all trials and hearings,
except as otherwise provided by law or these rules. (2a) chanrobles virtua law library
Sec. 3.Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not
excluded by the law of these rules. (3a)
Sec. 4.Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to
B. Relevance:
1. Section 3 & 4, Rule 128
Relevance
- Evidence to be relevant must have such a relation to the fact in issue as to induce belief in its
existence or non-existence.
- It deals with rational relationship between evidence and the fact to be proved
- Evidence adduced should be directed to the matters in dispute and any evidence which has
neither direct nor indirect relationship to such matters must be set aside as irrelevant.
Matter of relevance requires existence of a fact in issue which is disputed fact.
Relevance further requires that the immediate fact proven must have a connection to the ultimate
issue.
- Test for relevance would be logic, common sense and experience. Whether evidence is relevant
rest largely at the discretion of the court.
C. Two (2) axioms of admissibility
1. That none but facts having rational probative value are admissible – substance, axiom of
relevance
2. That all facts having rational probative value are admissible unless some specific rule forids the –
axiom of competence
D. Competence
1. Section 3, Rule 128
Competent
- One that is not excluded by law in a particular case
- Test is the law and rules. Question as to competence is: is the evidence allowed by the law of
by the rules? If allowed, evidence is competent and if not, evidence is incompetent.
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- Competence, in relation to evidence in general, refers to eligibility of an evidence to be received
as such. When applied to witness, it refers to qualifications of the witness, in other words, it
refers to his eligibility to take the stand and testify.
- Objection on the ground of incompetence must be specific.
Collateral Matters
- Parallel or diverging line, merely additional or auxiliary
- Connotes absence of a direct connection between the evidence and the matter in dispute
- As a rule collateral evidence not allowed except when it tends in any reasonable degree
to establish the probability or improbability of the fact in issue.
Admissible Evidence Credible Evidence
Admissible means that the evidence is of such Refers to worthiness of belief, that quality which
character that the court, pursuant to the rules of renders a witness worthy of belief. Credibility is
evidence is bound to receive it or to allow it to be believability.
introduced at the trial.
Admissibility Probative Value (weight of evidence)

Refers to the question of whether certain pieces of Refers to the question whether the admitted evidence
evidence are to be considered at all. proves an issue.
Admissibility of evidence depends on its relevance Weight of evidence pertains to its tendency to
and competence. convince and persuade.
- Findings of trial courts in Credibility of witnesses carry great weight and respect unless trial court
overlooked, misunderstood or misapplied facts of weight that would alter assailed decision.
Reason: trial courts are in best position to personally ascertain their sincerity, demeanor, attitude
and spontaneity.
- Sworn statements are generally inferior to testimonies in open court.
2. Exclusionary Rules Under the 1987 Constitution

(a) Sections 2 and 3, Art. III
Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after examination
under oath or affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable
(b) Sections 12, Art. III
Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall
(c) Section 17, Art. III
Section 17. No person shall be compelled to be a witness against himself.
(d) Correlate with Rule 130, Sections 28 & 30
Sec. 28.Admission by third party. — The rights of a party cannot be prejudiced by an

act, declaration, or omission of another, except as hereinafter provided. (25a)
Sec. 29.Admission by co-partner or agent. — The act or declaration of a partner or agent
of the party within the scope of his authority and during the existence of the partnership
or agency, may be given in evidence against such party after the partnership or agency
o People vs Laguio – no valid warrantless arrest, he was merely walking from the
apartment and was about to enter the car when police officers frisked him, search and
commanded to open his car. Reliable information absent overt act of a felonious
enterprise in presence and within view of arresting officers is not sufficient to constitute
probable cause that would justify in flagrante delicto
3. Statutory Rules of Exclusions
(a) Section 201, Tax Reform Act of 1997
SEC. 201. Effect of Failure to Stamp Taxable Document. - An instrument, document or

paper which is required by law to be stamped and which has been signed, issued, accepted
or transferred without being duly stamped, shall not be recorded, nor shall it or any copy
thereof or any record of transfer of the same be admitted or used in evidence in any court
- Another exclusionary rule is that under section 201 of the internal revenue code. Under the IRC
there these so called taxable documents. Documents requiring documentary stamp tax. Common
of these are deed of conveyances involving real property, sale or lease of real property, certificate
of stocks, bonds, insurance policies, special power of attorney, wills, bill of lading, etc.
- For purposes of presenting any or all or some of these documents in evidence, the requirement
is the documentary stamp tax should be paid, and this should be evidenced by the stamp being
affixed or appended to the document, with an indication that the stamp has been cancelled. This
is usually manifested by placing two parallel lines across on the face of the stamp itself. This is
to avoid recycling of the stamp.
(b) RA 1405, Law on Secrecy Bank of Deposits

- The Act prohibiting inquiry or disclosure of bank deposits. Generally inquiring into or disclosure of
information regarding bank deposit is prohibited. Any information obtained in violation,
inadmissible. You take note of the exceptions, there are so many exceptions. In case of
impeachment, in case of bribery, when the bank deposit is subject of litigation, in case of regular
audit allowed by the monetary board, etc.
(c) RA 4200, otherwise known as the Wiretapping Act

Evidence obtained in violation of RA 4200 shall not be admissible in evidence in the ff
proceedings:
1. Judicial
2. Quasi-judicial
3. Legislative
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4. Administrative hearing or investigation
- Sui generis - a class of its own, no reason therefore to prevent admissibility of illegally procured
recordings in impeachment proceedings since they are sui generis
- Evidence considered inadmissible if obtained in violation of RA 4200:
a. Any communication or spoken word
b. Existence, contents, substance, purport, effect or meaning of the communication or spoken
word or any part thereof
- The law protects private conversations and communications. It is considered unlawful to
a. Secretly overhear
b. Intercept
c. Record private communication or spoken word when doing so is without authority of all the
parties to such private communication. If only one authorizes, it’s a violation.
- Pp vs Navarro – the recorded altercation is admissible since it is not a private communication.
Since the heated altercation happened in the presence of other persons, it could not be private.
- Under Ra 4200, modes of recording include:
1. To tap any wire or cable
2. Use a Dictaphone, dictagraph or detectaphone
3. To use a walkie-talkie
4. To use a tape recorder
5. To use any device otherwise described
- Gaanan vs IAC – issue is whether a person should be liable under RA 4200 for listening to a
conversation which he was not authorizes to listen using a telephone extension line. SC ruled
telephone party lines were deleted from the final provisions of law. An extension telephone line
cannot be placed under the category of enumerated devices.
- Acts not in violation of RA 4200 if done by peace office through a court order in cases involving
Treason,espionage, provoking war and disloyalty piracy, mutiny, rebellion, conspiracy or proposal
to commit rebellion, inciting rebellion, sedition and kidnapping defined in RPC.
(d) Rape Shield Protection rule (Section 6) Republic No. 8505 otherwise known as “Rape
Victim Assistance and Protection Act of 1998”
Section 6. Rape Shield. In prosecutions for rape, evidence of complainant's past sexual
conduct, opinion thereof or his/her reputation, shall not be admitted unless, and only to the
extent that the court finds that such evidence is material and relevant to the case
- Rape Shield Rule. It says there that in any criminal prosecution for rape. Any evidence which
tends to prove the past sexual conduct of the victim or any opinion thereof or her sexual
reputation is not admissible. Except and only to the extent that the court finds it relevant and
material.
(e) Sexual Abuse Shield Rule (Section 30, Rule on Examination of a Child Witness, A.M. No.
Sec. 30. 07
00-40 Sexual
datedabuse shield rule.—
21 November 2000, effective 15 December 2000)
(a) Inadmissible evidence.— The following evidence is not admissible in any criminal
proceeding involving alleged child sexual abuse:
(1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; and
(2) Evidence offered to prove the sexual predisposition of the alleged victim.
(b) Exception.— Evidence of specific instances of sexual behavior by the alleged victim to
prove that a person other than the accused was the source of semen, injury, or other
physical evidence shall be admissible.
A party intending to offer such evidence must:

(1) File a written motion at least fifteen (15) days before trial, specifically describing
the evidence and stating the purpose for which it is offered, unless the court, for good
cause, requires a different time for filing or permits filing during trial; and
(2) Serve the motion on all parties and the guardian ad litem at least three (3) days
- Sexual Abuse Shield Rule. In any prosecution involving child abuse. Evidence which would tend
to prove that the accused engaged in other sexual behavior or evidence that would tend to prove
the victim's sexual predisposition, except evidence of specific sexual conduct of the victim to
prove that the person other than the accused is the source of the semen, injury or other physical
evidence.
(f) Section 44, Republic Act No. 9262 otherwise known as “An Act Defining Violence against
Women and their Children”
SECTION 44. Confidentiality. – All records pertaining to cases of violence against women
and their children including those in the barangay shall be confidential and all public officers
and employees and public or private clinics to hospitals shall respect the right to privacy of
the victim. Whoever publishes or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other identifying information of a
victim or an immediate family member, without the latter's consent, shall be liable to the
contempt power of the court.
(g) Republic Act No. 9372, otherwise knows as “Human Security Act of 2007”
- A police or enforcement official can record, listen to, intercept communication bet.
1. Member of a judicially declared and outlawed terrorist organization association or
2. Group of persons or of any person charged with or suspected of the crime of terrorist or
conspiracy to commit terrorism
- Such acts may be done upon a written order of CA to which granted only upon application by
the police or law enforcement. Such official must be authorized by Anti-Terrorism Council to file
such application. Sec.8 of RA No. 9372 requires only an ex parte application.
- Authorization shall not exceed 30 days which may be renewed non-extendible 30 days.
- Authorization order, extension order and applications are considered classified information.
E. Multiple, conditional and curative admissibility
1. Multiple Admissibility – evidence admissible for several purposes
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2. Conditional Admissibility – relevance of a piece of evidence is not apparent at the time it is
offered but the relevance of which will readily be seen when connected to other pieces of
evidence not yet offered. Proponent of evidence may ask that the evidence be conditionally
admitted in the meantime subject to the condition that he is going to establish its relevancy and
competency at a later time. If connection not shown, court may strike out from record the
evidence previously conditionally admitted.
3. Curative admissibility – allows a party to introduce otherwise inadmissibile evidence to answer the
opposing party’s previous introduction of inadmissible evidence if it would remove any unfair
prejudice caused by the admission of the earlier inadmissible evidence. Inadmissible evidence not
objected becomes admissible.
III. What Need Not Be Proved

A. Judicial Notice (Rule 129, Secs. 1-3)
- Based on what is known need not be proved. Hence when rule is invoked, presentation of
evidence may be dispensed by courts.
- Function: to abbreviate litigation by admission of matters that need no evidence because judicial
notice us a substitute for proof of a matter by evidence.
- JN takes place of proof and is of equal force.
- It displaces evidence and fulfills the purpose for which the evidence is designed to fulfill. It
makes evidence unnecessary.
- Evidence is dispensed with because the matter is well known and is of common knowledge not
to be disputable.
- JN not to be used fulfill the gaps in a party’s evidence not it be used to deprived an adverse
party’s opportunity to prove a disputed fact.
- JN can be mandatory or discretionary. If mandatory, no motion or hearing is necessary for the
court to take JN.
- JN is MANDATORY:
1. Existence and territorial extent of states
2. Political history, forms of government and symbols of nationality of states
3. Laws of nations
4. Admiralty and maritime courts of the world and their seals
5. Political constitution and history of the Philippines
6. Official acts of legislative executive and judicial department of the Philippines
7. Laws of nature
8. Measure of time
9. Geographical divisions
- JN is DISCRETIONARY: (requisites)
1. matter must be one of common knowledge
“common knowledge” – capable od ready and unquestionable demonstration
2. matter must be settled beyond reasonable doubt (if there is any uncertainty, then evidence
must be adduced)
3. knowledge exist within jurisdiction of the court
o principal guide of what facts may be assumed to be judicially known is “NOTORIETY”
o JN fact must be one not subject to a reasonable dispute in that it is either
a. Generally known within the territorial jurisdiction of the trial court
b. Capable of accurate and reader determination by resorting to sources whose
accuracy cannot reasonably be questionable
Land Bank vs Wycoco - trial court took JN of prevailing market value of land, SC rules that trial
court should have allowed parties to present evidence thereon instead of practically assuming a
valuation without basis.
- Personal knowledge of the judge is not judicial knowledge of the court.
- WHEN may JN be Taken:
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1. During trial – court may do so at its own initiative or upon request on any parties and allow
parties to be heard
2. After trial but before judgment – JN may be taken on appeal, court may do so at its own
initiative or upon request on any parties and allow parties to be heard.
- Our courts cannot take JN on foreign laws for they must be alleged and proved. Under Doctrine
of Processual Presumption, in absence of proof, foreign law will be presumed to be the same as
the laws of the jurisdiction hearing the case.
Exc. Foreign Laws may be taken JN:
1. When foreign law refers to law of nations, said law is subject to mandatory judicial notice.
2. When foreign law is within actual knowledge of the court
3. When foreign law is part of published treaties, periodical or pamphlet and writer is recognized
in his profession or expert in subject.
- Courts may take judicial notice of its own acts and records of same case
- Court as a rule, are not authorized to take JN of the contents of records of other cases, except:
a. When in absence of objection, w/ knowledge of opposing party, contents of said other case
are clearly referred to by title and number in a pending action and adopted or read into
record of the latter
b. When original record of other case or any part of it is actually withdrawn from the archives at
the court’s discretion upon the request, or with consent, of parties and admitted as part of
the record of pending case.
- Post office practice not covered JN.
RULE 129
What Need Not Be Proved
SECTION 1.Judicial notice, when mandatory . — A court shall take judicial notice, without the introduction
of evidence, of the existence and territorial extent of states, their political history, forms of government
and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their
seals, the political constitution and history of the Philippines, the official acts of legislative, executive and
judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical
divisions. (1a) chanrobles virtua law library
Sec. 2.Judicial notice, when discretionary . — A court may take judicial notice of matters which are of
public knowledge, or are capable to unquestionable demonstration, or ought to be known to judges
because of their judicial functions. (1a)
Sec. 3.Judicial notice, when hearing necessary . — During the trial, the court, on its own initiative, or on
B. Judicial Admissions (Rule 129, Sec. 4; Rule 9, Secs. 8, 10, 11; Rule 10, Sec. 8; Rule 26, Secs.
1,2,3 of the 1997 Rules of Civil Procedure)
Sec. 4.Judicial admissions. — An admission, verbal or written, made by the party in the course of the
proceedings in the same case, does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that no such admission was made. (2a)
- Elements:
1. Same must be made by a party to the case. admissions of a non-party do not fall within the
definition of Sec.4 of Rule 129.
2. Must be made in the course of the proceedings in the same case.
3. No form, it can either verbal or written admission.
- A Party may make JA in:
1. Pleadings
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2. During trial, either verbal or written manifestations
3. In other stages of judicial proceeding
- Admissions made in a motion are JA
- Admission in an answer takes on character of a JA
- As GR, facts alleged in a party’s pleading are deemed admissions of that party and are binding
upon him, but this is not an absolute and inflexible rule. Trial court is still given leeway to
consider evidence.
- Admission in a pleading may be an actual admission as when party categorically admits a
material allegation made by adverse party. It may likewise be inferred from the failure to
specifically deny the material allegations in the other party’s pleadings. Material avernments other
than unliquidated damages, shall be deemed admitted when not specifically denied. *sec.11 rule
8)
- Allegation on usury ,defendant must specifically deny under oath.
- Action/defense founded upon a written instrument, the genuineness and due execution of the
same instrument shall be deemed admitted unless adverse party under oath, specifically denies
and sets forth what he claims to be the facts.
- Admissions in pre-trial are JA’s. it does not require proof.
- Admission by accused in pre-trial is not necessarily admissible against him. For it to be
admissible, it must be in writing and signed by accused and counsel. This does not equally apply
to stipulations of facts.
- Admissions through depositions, written interrogatories or request for admission are also
considered JA’s.
- Sec.1 rule 26 – party at any time after issues have been joined, may file and serve upon any
other party a written request for admission by the latter of the genuineness of any material and
relevant document describe in and exhibited with the request. Party to whom request is directed
must file a sworn statement either denying specifically the matters of which an admission is
requested. Failure to file a sworn statement is implied admission.
- Admissions in superseded pleadings are extrajudicial admissions which must be proven.
Ching vs CA – SC held that pleadings that have been amended disappear from the record, lose their
status as pleadings and cease to be JA and to be utilized as EJA, they must, in order to have such
effect, be formally offered in evidence.
- Admissions in pleadings that have been dismissed are EJA.
- JA’ s are waiver of proof, production of evidence is dispensed with. JA removes the admitted fact
from the field of controversy.
- EFFECTS OF JA:
a. They do not require proof
b. They cannot be contradicted because they are conclusive upon the party making it
- 2 EXCEPTIONS
a. Upon showing that the admission was made through palpable mistake
“palpable” – means clear to the mind RULE 26to see; mistake readily perceived by the senses
or plain
or the mind ADMISSION BY ADVERSE PARTY
b. When it is shown that no such admission was made – when admission is out of context
Section 1. Request for admission.
Sec.
At any8. time
Effectafter
of amended pleadings.
issues have RULE a10party may file and serve upon any other party a written
been joined,
An amended
request pleading
for the supersedes
admission by thethe pleading
latter thatgenuineness
of the it amends. However, admissions
of any material and inrelevant
superseded
document
pleadings
described may be exhibited
in and received in evidence
with against
the request or the pleader;
of the truth and claims
of any or defenses
material allegedmatter
and relevant thereinofnot
fact
set forth in the request. Copies of the documents shall be delivered with the request unless copies have
already been furnished.
Sec. 2. Implied admission.

Each of the matters of which an admission is requested shall be deemed admitted unless, within a
period designated in the request, which shall not be less than fifteen (15) days after service thereof, or
within such further time as the court may allow on motion, the party to whom the request is directed
files and serves upon the party requesting the admission a sworn statement either denying specifically
the matters of which an admission is requested or setting forth in detail the reasons why he cannot
truthfully either admit or deny those matters. Objections to any request for admission shall be submitted
13
C. Presumptions (Rule 131)
- Burden of Proof – onus probandi, refers to the obligation of a party to the litigation to persuade
the court that he is entitled to relief.
- Presumption
o is an assumption of fact resulting from a rule of law which requires such fact to be
assumed from another fact or group of facts found or otherwise established in the action.
o an inference of the existence or non-existence of a fact which courts are permitted to
draw from proof of other facts
o is not evidence, but merely affect the burden of offering evidence
o mandatory unless rebutted
Inference Presumption
- a factual conclusion that can rationally be - mandated by law and establishes a legal
drawn from other facts relation between or among the facts
- a result of reasoning process
- it need not have a legal effect because it is
not mandated by law
KINDS OF PRESUMPTIONS
a. Presumption of Law or presumption juris – assumption which the law requires to be made from
a set of facts. Ex. presumption of innocence until contrary is proven.
b. Presumption of fact or presumption hominis – assumption is made from the facts without any
direction or positive requirement of a law.
Effect of Presumption – one need not introduce evidence to prove the fact for a presumption is prima
facie proof of the fact presumed.
PRESUMPTIONS UNDER RULES OF COURT

1. Conclusive Presumption (juris et de jure) – it is when presumption becomes irrebuttable upon the
presentation of the evidence and any evidence tending to rebut the presumption is not admissible.
In reality, a rule of substantive law. CP are inferences which the law makes so peremptory that it
14
will not allow them to be overturned by any contrary proof however strong. They are based on
doctrine of estoppel.
Estoppel
an equitable rooted upon natural justice, prevents person from going back on their own acts and
representations, to the prejudice of others who have relied on them. essential is that a person
invoking it has been influenced or relied on the representation or conduct of the person sought to
be stopped.
a. Estoppel in Pais – when a person by his acts intentionally misled others to believe that his acts
are truthful. When a third party has acted based on his representation, he who made the
representation cannot take a position contradictory to his representations during a dispute arising
from the representation.
Ex. When you have already received benefit from a contract which in reality is inexistent, you
have to make good of it as it now becomes conclusive to you. You cannot later on deny
responsibility and assail its legality. You are now estopped.
Elements of Estoppel in pais in relation to the party sought to be stopped and in relation to the
party invoking estoppels in his favor:
A1. In Relation to the party being stopped:

I. Conduct amounting to false representation or concealment of material facts, or at least
calculated to convey the impression that the facts are otherwise than and inconsistent with,
those which the party subsequently attempts to assert.
II. Intent or at least expectation that his conduct shall be acted upon by or at least influence the
other party
III. Knowledge, actual or constructive of the real facts
A2. In Relation to the party claiming the estoppels

I. Lack of knowledge and of the means of knowledge of the truth as to facts in question
II. Reliance, in good faith, upon the conduct or statements of the party to be stopped
III. Action or inaction based thereon of such character as to change the position or status of the
party claiming estoppel, to his injury, detriment or prejudice.
b. Estoppel by Laches – unreasonable delay in invoking a right leading a third party to believe that
nothing is wrong, prevents you from seeking relief in court.
c. Existence of Landlord-Tenant relationship – the tenant cannot assail better ownership right than
the landlord.
Datalift Movers vs Belgravia

“because of the conclusive presumptions under Section 2(b) of Rule 131, the Rules of Court
sufficiently shields the lessor from being questioned by the lessee, regarding its title or better right of
possession as lessor because having admitted the existence of a lessor-lessee relationship the lessee
is barred from assailing the lessor’s title of better right of possession… As long as the lessor-lessee
relationship between parties exist, the lessee cannot, by any proof, however strong, overturn the
conclusive presumption that the lessor has valid title to or better right of possession to the subject
leased premises than it has.”
2. Disputable/Rebuttable Presumption (juris tantum) – may be contradicted/overcome by other

evidence; are satisfactory if uncontradicted
- Significant example is Presumption of Regularity – the official duty has been regularly performed
(sec3(m) Rule 131).
15
o This presumption stands if defense failed to present clear and convincing evidence that
the police officers did not properly perform their duty or that they were inspired by an
improper motive.
o This presumption does not apply in a petition for a writ of amparo.
o Also does not apply to in-custody investigation
o This presumption must be seen in the context of an existing rule of law or statute
authorizing the performance of an act or duty or procedure in the performance thereof.
2.1 Presumption of Innocence - prevails over presumption that law enforcement agents were in
the regular performance of their duty.
2.2 Presumption of Prudence; that everyone is presumed to take ordinary care in his functions
BPI vs Reyes
The SC sided with BPI on the presumption of regularity and good faith in their function as no bad faith
was shown. BPI’s claim that there was only a fund transfer from savings to express teller account and
no additional deposit (Reyes claimed there was a deposit) made was supported by the teller’s tape—as no
deposit was reflected therein, only a P100,000 fund transfer. – Principle of Prudence applies in this case.
2.3 Presumption of the identity of the taker and the doer of the entire act by one in possession
of the property. The person caught in possession of the stolen item is presumed to be the
thief. Compare this with Art. 541 and 539 of the civil code ( which protects the possessor of
the property in the concept of an owner to enjoy such presumption)
Art. 539, NCC – any possessor is entitled to enjoy his possession and entitled to the protection of his
possession.
Art. 541, NCC – possessor under claim of ownership is presumed to be the owner and should be
respected of his possession.
If it is robbery with homicide and you are in possession of the thing robbed then you are presumed to
be the robber and the killer at the same time. This presumption only holds true only when the possessor
cannot explain as to how he came into possession of such thing.
2.4 Presumption that evidence willfully suppressed when presented will be adverse
Suppression must be willful.
Exception to the presumption:

a. When the evidence deemed suppressed is at the disposal of the parties
b. When the evidence allegedly suppressed is merely corroborative or cumulative
c. If the suppression is in the exercise of a right –such as privilege communication between: lawyer-
client, priest-penitent, doctor-patient etc.
Blue Cross v. Olivares

Neomi entered into a health care program excepting from the coverage pre-existing ailments. 38 days
after effectivity, Neomi suffered stroke. Blue Cross refused payment alleging that it is excepted and that
there was suppression of evidence when Neomi refuse to present Dr. Saniel’s report.
SC: Neomi’s invocation (which is Valid) of the Doctor-Patient relationship is not a conclusive presumption
but a disputable presumption as this is a privileged communication, other evidence could have been
presented to controvert it. The insurance company failed to present evidence showing that the stroke was
due pre-existing ailment under the exception. The Company is liable.
The presumption that evidence when willfully suppressed would be adverse if produced, does not apply if:
(a) the evidence is at the disposal of both parties;
(b) suppression was not willful
16
(c) it is merely corroborative or cumulative
(d) suppression is an exercise of a privilege such as it is covered by the privileged communication
between physician and patient
(j)That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker
2.5 of
and the doer Presumption
the whole of Death
act; otherwise, that things which a person possess, or exercises acts of
Absence
ownership over, of
are: owned
7 years
by him; - Normal circumstances
10 yrs. of an order
(k)That a person in possession - Foronsuccession
himself forpurpose
the payment of the money, or the delivery of
5 yrs or delivered
anything, has paid the money - if the
the thing
person missing is at least 75 y/o
accordingly;
(l)That a person acting 4
in a yrs
public office- was
if theregularly
person appointed
is in danger
or of deathto it;
elected
(m)That official duty has been regularly performed;
RULE 131
(n)That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the
Burden of Proof and Presumptions
lawful exercise of jurisdiction;
SECTION 1.Burden of proof. — Burden of proof is the duty of a party to present evidence on the facts
(o)That all the matters within an issue raised in a case were laid before the court and passed upon by
in issue necessary to establish his claim or defense by the amount of evidence required by law. (1a,
it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration were
2a)
laid before the arbitrators and passed upon by them;
(p)That private transactions have been fair and regular;
Sec. 2.Conclusive presumptions. — The following are instances of conclusive presumptions:
(q)That the ordinary course of business has been followed;
(a)Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led to
(r)That there was a sufficient consideration for a contract;
another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation
(s)That a negotiable instrument was given or indorsed for a sufficient consideration;
arising out of such declaration, act or omission, be permitted to falsify it:
(t)That an endorsement of negotiable instrument was made before the instrument was overdue and at
(b)The tenant is not permitted to deny the title of his landlord at the time of commencement of the
the place where the instrument is dated;
relation of landlord and tenant between them. (3a)
(u)That a writing is truly dated;
(v)That a letter duly directed and mailed was received in the regular course of the mail;
Sec. 3.Disputable presumptions. — The following presumptions are satisfactory if uncontradicted, but
(w)That after an absence of seven years, it being unknown whether or not the absentee still lives, he
may be contradicted and overcome by other evidence:
is considered dead for all purposes, except for those of succession.
(a)That a person is innocent of crime or wrong;
The absentee shall not be considered dead for the purpose of opening his succession till after an
(b)That an unlawful act was done with an unlawful intent;
absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years
shall be sufficient in order that his succession may be opened.
The following shall be considered dead for all purposes including the division of the estate among the
heirs:
(1)A person on board a vessel lost during a sea voyage, or an aircraft with is missing,
who has not been heard of for four years since the loss of the vessel or aircraft;
(2)A member of the armed forces who has taken part in armed hostilities, and has
been missing for four years;
(3)A person who has been in danger of death under other circumstances and whose
existence has not been known for four years;
(4)If a married person has been absent for four consecutive years, the spouse present
may contract a subsequent marriage if he or she has well-founded belief that the
absent spouse is already death. In case of disappearance, where there is a danger of
death the circumstances hereinabove provided, an absence of only two years shall be
sufficient for the purpose of contracting a subsequent marriage. However, in any case,
before marrying again, the spouse present must institute a summary proceedings as
provided in the Family Code and in the rules for declaration of presumptive death of
the absentee, without prejudice to the effect of reappearance of the absent spouse.
(x)That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or
fact;
(y)That things have happened according to the ordinary course of nature and ordinary nature habits of
life;
(z)That persons acting as copartners have entered into a contract of copartneship;
(aa)That a man and woman deporting themselves as husband and wife have entered
into a lawful contract of marriage;
(bb)That property acquired by a man and a woman who are capacitated to marry each
other and who live exclusively with each other as husband and wife without the benefit
of marriage or under void marriage, has been obtained by their joint efforts, work or
industry.
17
18
1.If both were under the age of fifteen years, the older is deemed to have survived;
2.If both were above the age sixty, the younger is deemed to have survived;
3.If one is under fifteen and the other above sixty, the former is deemed to have survived;
4.If both be over fifteen and under sixty, and the sex be different, the male is deemed to have
survived, if the sex be the same, the older;
5.If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have
survived.
(kk)That if there is a doubt, as between two or more persons who are called to succeed each other,
as to which of them died first, whoever alleges the death of one prior to the other, shall prove the
IV. Real and Demonstrative Evidence

A. Rule 130; Sec.1; Sec.2
Rules of Admissibility
A. OBJECT (REAL) EVIDENCE
SECTION 1.Object as evidence. — Objects as evidence are those addressed to the senses of the
court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by
the court. (1a)
“Section 1. Object as Evidence – Object as evidence are those addresses to the senses of the court.
when an object is relevant to the fact in issue, it may be exhibit to, examined or viewed by the court.”
- Object evidence does not refer to the perception of the witness and a recollection of that
perception.
- It is not a reconstruction of the past.
- It is the real thing itself. It consists of tangible things.
- Object appeals directly to the senses of the court. it enables the court to have its first hand
perception of the evidence.
19
Chain of Custody
- Purpose: guaranty integrity of the physical evidence and to prevent the introduction of evidence
which is not authentic but where the exhibit is positively identified the chain of custody of
physical evidence is irrelevant.
- As called chain, there must be links to the chain. The links are the people who actually handle
or had custody of object.
- As a method of authenticating evidence, the chain of custody rule requires that the admission of
an exhibit be preceded by evidence sufficient to support a finding that the matter in question is
what the proponent claims to be.
Chain of Custody in Drug Cases
- “Chain of Custody” means duly recorded authorized movements and custody of seized drugs or
controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage,
from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to
presentation in court for destruction.
- Chain of custody requirement performs the function of ensuring that the integrity and evidentiary
value of the seized items are preserved, so much so that unnecessary doubts as to the identity
of the evidence are removed.
Procedure In Custody and Handling of Seized Dangerous Drugs Sec.21 of RA 9165
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment . – The PDEA shall take charge and have
custody of all dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory equipment so confiscated, seized
and/or surrendered, for proper disposition in the following manner:
(1) The apprehending team having initial custody and control of the drugs shall, immediately
after seizure and confiscation, physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the Department of Justice
(DOJ), and any elected public official who shall be required to sign the copies of the inventory
and be given a copy thereof;
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment, the same shall be submitted to the
PDEAtheForensic
(4) After filing ofLaboratory for a
the criminal qualitative
case, and shall,
the Court quantitative
within examination;
seventy-two (72) hours, conduct an
ocular inspection of the confiscated, seized and/or surrendered dangerous drugs, plant sources of
dangerous drugs, and controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the PDEA shall within twenty-four
(24) hours thereafter proceed with the destruction or burning of the same, in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the guidelines on the manner of proper disposition
and destruction of such item/s which shall be borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be donated, used or recycled for legitimate
purposes: Provided, further, That a representative sample, duly weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the
subject item/s which, together with the representative sample/s in the custody of the PDEA, shall be
submitted to the court having jurisdiction over the case. In all instances, the representative sample/s
shall be kept to a minimum quantity as determined by the Board;
(6) The alleged offender or his/her representative or counsel shall be allowed to personally observe
all of the above proceedings and his/her presence shall not constitute an admission of guilt. In case
the said offender or accused refuses or fails to appoint a representative after due notice in writing to
the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction
of the evidence in question, the Secretary of Justice shall appoint a member of the public attorney's
20
RA 9165 Sec.21 (a) Implementing Rules
SEC. 21. x x x (a) The apprehending officer/team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the same in the presence of
the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative
or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the inventory and be given a copy thereof; provided, that
the physical inventory and photograph shall be conducted at the place where the search warrant is served,
or at the nearest police station or at the nearest office of the apprehending officer/team, whichever is
Demonstrative Evidence
- Is not the actual thing but it is referred to as “demonstrative” because it represents or
demonstrates the real thing. It is not strictly “real” evidence because it is not the very thing
involved in the case.
- Admissibility of this type of evidence largely depends on laying the proper foundation for the
evidence.
- Q: does the evidence sufficiently and accurately represent the object it seeks to demonstrate or
represent? If it does, the evidence would be admissible.
TYPES OF DEMONSTRATIVE EVIDENCE

1. Photographs
- When instructive to the understanding of the case will be admitted in evidence
- Must be relevant and competent, its competent when properly authenticated by a witness who is
familiar with the scene or person portrayed and who testifies that the photograph faithfully
represents what it depicts.
21
- Under Electronic Evidence rules, photographic evidence of events, acts or transactions shall be
admissible in evidence provided:
a. It shall be presented, displayed and shown to the court
b. It shall be identified, explained or authenticated by either
i. The person who made the recording or by
ii. Some other person competent to testify on the accuracy thereof.
2. Motion pictures and recordings
- Rules that apply to photographs generally apply to motions pictures and recordings
- Under Rules on Electronic Evidence, the authentication process need not involve the person who
actually made the recording.
- It can be done by some other person as long as he is one who can testify as to its accuracy.
- There is also a requirement that the recording be shown, presented or displayed to court
3. Diagrams, models and maps
- Indicate relative locations or positions of objects and persons
- Aside from required relevance, a diagram, model or map must be identified by a witness who is
familiar with what the evidence depicts, and that the same is an accurate representation of the
scene it portrays.
4. X-ray pictures
- Also called “skiagraphs” or “radiographs” are admissible when shown to have been made under
circumstances as to assure their accuracy and where relevant to a material issue in the case.
5. Scientific tests, demonstrations and experiments

- Granting these is a matter of judicial discretion
EPHEMERAL ELECTRONIC COMMUNICATIONS

- These refer to telephone conversations, text messages, chatroom sessions, streaming audio, and
other forms of electronic communication, the evidence of which is not recorded or retained.
- These communications shall be proven by the testimony of a person who was a party to the
same or by one who has personal knowledge thereof.
View of an Object or Scene
 it is well recognized that the court has an inherent power to order a view when there is a need to
do so
 it means going out of the courtroom to observe places and objects
 a view disrupts the usual trial process and is time consuming
 an inspection or view outside the courttoom should be made in the presence of the parties or at
least previous notice to them
6. Scientific Evidence
(1) Polygraph or lie detector test
 A polygraph test operates on the principle that stresses causes physiological changes in the body in
which can be measured to indicate whether the subject of the examination is telling the truth.
 During examination, sensors are attached to the subject so that the polygraph can mechanically record
the subjects’s phsysiological responses to a series of questions.
 Court rejects results of polygraph test because it has not attained scientific acceptance as a reliable
and accurate means of ascertaining the truth or deception.
(2) Rule on DNA Evidence (AM No. 06-11-5-SC)

(2.1) Guidelines for DNA Analysis
DNA Evidence
 “DNA” means deoxyribonucleic acid, is molecule that encodes the genetic information in all living
organisms
22
In People vs Vallejo – court cnoisdered the case as the 1 breakthrough of DNA as admissible and
st

authoritative evidence in Philippine jurisprudence.
 Guidelines in assessing probative value of DNA Evidence:
a) How the samples were collected
b) How they were handled
c) The possibility of combination of samples
d) The procedure followed in analyzing samples
e) Whether the proper standards and procedure were followed in conducting the tests
f) Qualification of analyst who conducted the test
Rule on DNA Evidence

- It applies whenever DNA evidence is offered, used or proposed to be offered or used as evidence in
a) Criminal actions
b) Civil actios
c) Special proceedings
NOTE: When a matter is not governed by the Rules on DNA Evidence, Rules of Court shall apply
“DNA” – deozyrobonucleic acide which is the chain of molecules found in every nucleated cell of the body
“DNA profile” – genetic information derived from DNA testing of biological obtained from a person where such
biological sample is clearly identifiable as originating from that person.
 DNA profiles are not open for public scrutiny.
 DNA profiles and results of other information obtained from DNA testing are confidential.
 Whoever discloses without court order shall be liable for indirect contempt.
 Except upon court order, DNA profiles shall only be released to any of ff:
a) Person from whom the sample was taken
b) Lawyers representing parties in the case or action where the DNA evidence is offered and
presented or sought to be offered and presented
c) Lawyers of private complainants in a criminal action
d) Duly authorized law enforcement agencies
e) Other persons as determined by the court
NOTE: person may request that his DNA info may be disclosed to person designated in his request and such
request must be in writing, verified and filed with the court that allowed DNA testing. (sec11); trial court is
mandated to preserve the DNA evidence in its totality (sec12)
“DNA Evidence” – totality of the DNA profiles, results and other genetic information directly generated from
DNA testing of biological samples.
Significance of DNA
 Uniqueness of a person
Order of DNA Testing

 A person who has legal interest in the litigation may file an application before the appropriate court, at
any time.
 There must be a showing of:
a) Biological sample exist that has relevance to the case
b) Biological sample
b.1 was not previously subjected to the DNA testing requested or
b.2 if it was previously subjected to DNA testing, the results may require confirmation for
good reasons.
c) DNA testing uses a scientifically valid technique

23
d) DNA testing has the scientific potential to produce new information that is relevant to the
proper resolution of the case
e) The existence of other factors, if any, which the court may consider as potentially affecting
the accuracy and integrity of the case.
- when the above are complied with, court may now issue an order if appropriate to
i. take biological samples from any person or crime scene evidence and\
ii. impose reasonable conditions on the testing to protect the integrity of the biological sample
and the liability of the test results
NOTE: court may motu propio order DNA testing
Court Order is Required

- Only if there is a pending litigation but not before the litigation.
Order of DNA Testing

- It is not appealable
- It is immediately executor
- Remedy is a petition for certiorari which shall not in any way stay the implementation thereof unless
higher court issues an injunctive order
- The grant of DNA testing application shall not be construed as an automatic admission into evidence
of any competent of the DNA Evidence that may be obtained as a result of the testing. Court has to
evaluate probative value of the proposed evidence before its admission
Matters in Determining Probative Value of DNA Evidence:

a) Chain of custody, including how the biological samples were collected, how they were handled, and
the possibility of contamination of the samples
b) DNA testing methodology, including the procedure followed in analyzing the samples, the advantages
and disadvantages of the procedure and compliance with the scientifically valid standards in
conducting the tests
c) Forensic DNA laboratory, including its accreditation and the qualification of the analyst who conducted
the test; if the laboratory is not accredited, the court shall consider the relevant experience of the
laboratory on forensic casework and its credibility shall be properly established
d) Reliability of the testing result
Post Conviction DNA Testing

- Means test after conviction
- Available to the
a. prosecution
b. person convicted by final and executor judgment provided that the ff reqs are met:
1. Biological sample exist
2. Such sample is relevant to the case
3. Testing would probably result in the reversal of judgment of conviction
- Post DNA testing may be available without need of prior court order
- If results of DNA testing are favorable to the convict, he may file a petition for a writ of habeas
corpus in the court of origin but it can also be filed either in CA, SC or with any member of said
courts. A hearing may be conducted by said courts. Petition for habeas corpus may also be filed by
prosecution.
V. Best Evidence Rule

- Original document rule or primary evidence rule
- Comprehends a situation where evidence offered is substitutionary in nature when what should be
offered is the original evidence.
- The original of a writing must, as a general proposition be produced
24
- The rule cannot be invoked unless the contents of a writing is the subject of judicial inquiry, in which
case, the best evidence is the original writing itself.
- When the subject of inquiry is the contents of the document, no evidence shall be admissible other
than the original thereof.
Requisites for Best Evidence Rule:

1. subject matter must involve a document
2. subject of the inquiry is the contents of the document
- BER applies only when the purpose is to establish the terms of a writing.
- subject inquiry is the contents of a writing, not the truth of a writing
- when document is involved in the inquiry but the document us only collaterally in issue, the BER does
not apply
Collaterally in Issue:
- when the purpose of introducing the document is not to establish its terms but to show facts that have
no reference
to its contents like its existence, condition, execution or delivery.
Reason for BER

- the need to present to the court the exact words of writing where a slight variation of words may
mean a great difference in rights
- prevention or detection of fraud
- to avoid unintentional or intentional mistaken transmissions of the contents of a document through
the introduction of selected portions of a writing to which the adverse party has no full access.
- To prevent possible erroneous interpretations or distortions of a writing
Waiver
- BER may be waived if not raised in trial.
Steps to Apply BER:

1. Determine the matter inquired into.
 If inquiry involves document and its contents are the subject if same inquiry, BER applies
and must therefore be complied with.
2. If original cannot be presented. 2 stages:
i. Finding an adequate legal excuse for the failure to present the original
ii. Presenting a secondary evidence sanctioned by Rules of Court
Excuses for Not Presenting BER

- The excuses for non-production of the original document refer to the instances when the
original does not have to be produced even when the contents of the document are the
subjects of the inquiry.
- The instances are mentioned in Rule 130 sec. 3
A. Rule 130, Secs 2-8; Rule 132, Secs. 25 and 27
RULE 130
Sec. 3.Original document must be produced ; exceptions. — When the subject of inquiry is the contents
of a document, no evidence shall be admissible other than the original document itself, except in the
following cases:
(a)When the original has been lost or destroyed, or cannot be produced in court, without bad faith on
the part of the offeror;
(b)When the original is in the custody or under the control of the party against whom the evidence is
25
Loss, Destruction of Unavailability of the Original

- Secondary evidence like a copy of the original is admissible as an exception if the original
writing has been lost, destroyed or cannot be produced in court without bad faith on the part
of the party offering the secondary evidence.
RULE 132
Sec. 25.What attestation of copy must state . — Whenever a copy of a document or record is attested
for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of
the original, or a specific part thereof, as the case may be. The attestation must be under the official
seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the
seal of such court. (26a)
Sec. 26.Irremovability of public record . — Any public record, an official copy of which is admissible in
evidence, must not be removed from the office in which it is kept, except upon order of a court where
B. Secondary Evidence
- Secondary evidence refers to evidence other than the original instrument or document itself.
- Secondary evidence like a copy of the original is admissible as an exception if the original writing
has been lost, destroyed or cannot be produced in court without bad faith on the part of the
party offering the secondary evidence.
Sec. 5.When original document is unavailable . — When the original document has been lost or
destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the
cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a
recital of its contents in some authentic document, or by the testimony of witnesses in the order stated.
(4a)
Sec. 6.When original document is in adverse party's custody or control . — If the document is in the
custody or under the control of adverse party, he must have reasonable notice to produce it. If after
such notice and after satisfactory proof of its existence, he fails to produce the document, secondary
evidence may be presented as in the case of its loss. (5a)
Rule 130 Sec.5

- Secondary evidence may be admitted only by laying the basis for its production. Requisites:
1. Offeror must prove execution and existence of original documents
2. Offeror must show the cause of its unavailability
3. Offeror must show that the unavailability was not due to his bad faith
Correct Order of Proof (may change at sound discretion of court)

1. Existence
2. Execution
3. Loss
26
4. Contents
- The due execution and authenticity of the document must be proved either
(a) By anyone who saw the document executed or written
(b) By evidence of the genuineness of the signature or handwriting of the maker
- Before secondary evidence can be presented, it imperative that all the originals of a deed must be
accounted for.
- The BOP in establishing loss or destruction of the original is on the proponent of the secondary
evidence
- The loss of original need not be shown to be beyond all possibility of mistake
- A reasonable probability of its loss is sufficient like by showing that there was a bona fide and diligent
but fruitless search for the document
Order of Presentation of Secondary Evidence

a. A copy of the original
b. Recital of the contents of the document in some authentic document
c. By testimony of witness
Note: Under Rules of Court, a copy of the original is the best secondary evidence. If it is available, other secondary
evidence will not be admitted.
- Presentation or the offer of the original may be waived. If the party against whom the secondary
evidence is offered does not object thereto when the same if offered in evidence, the secondary
evidence becomes primary evidence.
Original is in Custody of the Adverse Party
- After showing that original document is in the custody or under the control of the adverse party does
not ipso factp authorize the introduction of secondary evidence to prove its contents.
- The party who seeks to present secondary evidence must lay a basis for its introduction.
- Laying the basis requires proof of the ff:
(a) That the original exists
(b) That said document is under the custody or control of adverse party
(c) That the proponent of secondary evidence has given the adverse party reasonable notice to
produce the original document
(d) That the adverse party failed to produce the original document despite the reasonable notice
When the Original Consists of Numerous Accounts

- Secondary evidence is admissible
a. If the original consists of numerous accounts or other documents
b. They cannot be examined in court without great loss of time
c. The fact sought to be established from them is only the general result of the whole
- Main reason for this exception lies in the determination by court that the production of the original
writings and their examination in court would result in great loss of time considering that the evidence
desired from the voluminous records accounts is only the general result of the whole like a summary
itself may be admitted if the underlying documents are so voluminous and intricate as to make an
examination of all of them impracticable.
Meaning of Original
Sec. 4.Original of document. —

(a)The original of the document is one the contents of which are the subject of inquiry.
(b)When a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are equally regarded as originals.
(c)When an entry is repeated in the regular course of business, one being copied from another at or
27
In laymen, original means 1 one written but under rules of court, when entry is repeated in the
st
-
regular course of business, one being copied from another at or near the time of transaction, all
the entries are equally regarded as originals.
- Requisites to be considered originals:
a. There must be entries made and repeated in the regular course of business
b. Entries must be at or near the time of the transactions.
Section 5. Definition of Terms- For the purposes of this Act, the following terms are defined, as follows:
(a) "Addressee" refers to a person who is intended by the originator to receive the electronic data message or
electronic document, but does not include a person acting as an intermediary with respect to that electronic
data message or electronic data document."Computer" refers to any device or apparatus singly or interconnected
which, by electronic, electro-mechanical, optical and/or magnetic impulse, or other means with the same
function, can receive, record, transmit, store, process, correlate, analyze, projects, retrieve, and/or produce
information, data, text, graphics, figures, voice, video, symbols or other modes of expression or perform any one
or more of these functions.
(b) "Electronic data message" refers to information generated, sent, received or stored by electronic, optical or
similar means.
(c) "Information and Communications System" refers to a system for generating, sending, receiving, storing, or
otherwise processing electronic documents and includes the computer system or other similar device by or in
which data is recorded or stored and any procedures related to the recording or storage of electronic document.
(d) "Electronic signature" refers to any distinctive mark, characteristic and/or sound in electronic from,
C. Electronic Commerce Act (RA 8792), Secs. 5,6, 15
representing the identity of a person and attached to or logically associated with the electronic data message or
electronic document or any methodology or procedures employed or adopted by a person and executed or
adopted by such person with the intention of authenticating or approving an electronic data message or
electronic document.
(e) "Electronic document" refers to information or the representation of information, data, figures, symbols or
other modes of written expression, described or however represented, by which a right is established or an
obligation extinguished, or by which a fact may be prove and affirmed, which is receive, recorded, transmitted,
stored, processed, retrieved or produced electronically.
(f) "Electronic key" refers to a secret code which secures and defends sensitive information that crossover
public channels into a form decipherable only with a matching electronic key.
(g) "Intermediary" refers to a person who in behalf of another person and with respect to a particular electronic
document sends, receives and/or stores provides other services in respect of that electronic data message or
electronic document.
(h) "Originator" refers to a person by whom, or on whose behalf, the electronic document purports to have been
28
29
D. Rules on Electronic Evidence, Rule 2, Sec.1; Rule 3; Rule 4
RULE 2
SECTION 1. Definition of Terms. - For purposes of these Rules, the following terms are defined, as follows:
(a) “Asymmetric or public cryptosystem” means a system capable of generating a secure key pair, consisting of a
private key for creating a digital signature, and a public key for verifying the digital signature.
(b) “Business records” include records of any business, institution, association, profession, occupation, and calling of
every kind, whether or not conducted for profit, or for legitimate purposes.
(c) “Certificate” means an electronic document issued to support a digital signature which purports to confirm the
identity or other significant characteristics of the person who holds a particular key pair.
(d) “Computer” refers to any single or interconnected device or apparatus, which, by electronic, electro-mechanical or
magnetic impulse, or by other means with the same function, can receive, record, transmit, store, process, correlate,
analyze, project, retrieve and/or produce information, data, text, graphics, figures, voice, video, symbols or other modes
of expression or perform any one or more of these functions.
(e) “Digital Signature” refers to an electronic signature consisting of a transformation of an electronic document or an
electronic data message using an asymmetric or public cryptosystem such that a person having the initial
untransformed electronic document and the signer’s public key can accurately determine:
(i) whether the transformation was created using the private key that corresponds to the signer’s public key; and
(ii) whether the initial electronic document had been altered after the transformation was made.
(f) “Digitally signed” refers to an electronic document or electronic data message bearing a digital signature verified by
the public key listed in a certificate.
(g) “Electronic data message” refers to information generated, sent, received or stored by electronic, optical or similar
means.
(h) “Electronic document” refers to information or the representation of information, data, figures, symbols or other
modes of written expression, described or however represented, by which a right is established or an obligation
extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored
processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output,
readable by sight or other means, which accurately reflects the electronic data message or electronic document. For
purposes of these Rules, the term “electronic document” may be used interchangeably with electronic data message”.
(i) “Electronic key” refers to a secret code which secures and defends sensitive information that crosses over public
channels into a form decipherable only with a matching electronic key.
(j) “Electronic signature" refers to any distinctive mark, characteristics and/or sound in electronic form. Representing the
identity of a person and attached to or logically associated with the electronic data message or electronic document or
any methodology or procedure employed or adopted by a person and executed or adopted by such person with the
intention of authenticating, signing or approving an electronic data message or electronic document. For purposes of
these Rules, an electronic signature includes digital signatures.
(k) “Ephemeral electronic communication” refers to telephone conversations, text messages, chatroom sessions,
streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded
or retained.
(l) “Information and Communication System” refers to a system for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic documents and includes the computer system or other similar
30
devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic
data message or electronic document.
(m) “Key Pair” in an asymmetric cryptosystem refers to the private key and its mathematically related public key such
that the latter can verify the digital signature that the former creates.
(n) “Private Key” refers to the key of a key pair used to create a digital signature.
(o) “Public Key” refers to the key of a key pair used to verify a digital signature.
RULE 3
ELECTRONIC DOCUMENTS
SECTION 1. Electronic documents as functional equivalent of paper-based documents. – Whenever a rule of evidence
refers to the term of writing, document, record, instrument, memorandum or any other form of writing, such term shall
be deemed to include an electronic document as defined in these Rules.
SEC. 2. Admissibility. – An electronic document is admissible in evidence if it complies with the rules on admissibility
prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules.
SEC. 3. Privileged communication. – The confidential character of a privileged communications is not solely on the
ground that it is in the form of an electronic document.
RULE 4
BEST EVIDENCE RULE
SECTION 1. Original of an electronic document. – An electronic document shall be regarded as the equivalent of an
original document under the Best Evidence Rule if it is a printout or output readable by sight or other means, shown
to reflect the data accurately.
SEC. 2. Copies as equivalent of the originals. – When a document is in two or more copies executed at or about the
same time with identical contents, or is a counterpart produced by the same impression as the original, or from the
same matrix, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent
techniques which is accurately reproduces the original, such copies or duplicates shall be regarded as the equivalent
of the original.
Notwithstanding the foregoing, copies or duplicates shall not be admissible to the same extent as the original if:
(a) a genuine question is raised as to the authenticity of the original; or
(b) in the circumstances it would be unjust or inequitable to admit a copy in lieu of the original.
- The terms “electronic data message” and “electronic document” as defined under the Electronic Commerce Act
of 2000, do not include a facsimile transmission and cannot be considered as electronic evidence.
- It is a functional equivalent of an original under the Best Evidence Rule and is not admissible as electronic
evidence.

USC College of Law - Third Year EVIDENCE SY 2011-2012

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Falsus in Uno, Falsus in Omnibus

- false in one thing, false in everything.

C. Factum Probandum and Factum Probans

A. Rule 128, Secs. 1-4

Admissibility Probative Value (weight of evidence)

2. Exclusionary Rules Under the 1987 Constitution

(b) Sections 12, Art. III

(c) Section 17, Art. III

Section 17. No person shall be compelled to be a witness against himself.

(d) Correlate with Rule 130, Sections 28 & 30

Sec. 28.Admission by third party. — The rights of a party cannot be prejudiced by an

SEC. 201. Effect of Failure to Stamp Taxable Document. - An instrument, document or

(b) RA 1405, Law on Secrecy Bank of Deposits

(c) RA 4200, otherwise known as the Wiretapping Act

A party intending to offer such evidence must:

III. What Need Not Be Proved

Sec. 2. Implied admission.

C. Presumptions (Rule 131)

PRESUMPTIONS UNDER RULES OF COURT

A1. In Relation to the party being stopped:

A2. In Relation to the party claiming the estoppels

Datalift Movers vs Belgravia

2. Disputable/Rebuttable Presumption (juris tantum) – may be contradicted/overcome by other

Exception to the presumption:

Blue Cross v. Olivares

IV. Real and Demonstrative Evidence

Procedure In Custody and Handling of Seized Dangerous Drugs Sec.21 of RA 9165

RA 9165 Sec.21 (a) Implementing Rules

TYPES OF DEMONSTRATIVE EVIDENCE

5. Scientific tests, demonstrations and experiments

EPHEMERAL ELECTRONIC COMMUNICATIONS

(2) Rule on DNA Evidence (AM No. 06-11-5-SC)

Rule on DNA Evidence

Order of DNA Testing

c) DNA testing uses a scientifically valid technique

NOTE: court may motu propio order DNA testing

Court Order is Required

Order of DNA Testing

Matters in Determining Probative Value of DNA Evidence:

Post Conviction DNA Testing

V. Best Evidence Rule

Requisites for Best Evidence Rule:

Reason for BER

Steps to Apply BER:

Excuses for Not Presenting BER

A. Rule 130, Secs 2-8; Rule 132, Secs. 25 and 27

Loss, Destruction of Unavailability of the Original

Rule 130 Sec.5

Correct Order of Proof (may change at sound discretion of court)

Order of Presentation of Secondary Evidence

Original is in Custody of the Adverse Party

When the Original Consists of Numerous Accounts

Sec. 4.Original of document. —

D. Rules on Electronic Evidence, Rule 2, Sec.1; Rule 3; Rule 4

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