EVIDENCE SYLLABUS

I. Preliminary Consideration
a) Concept of Evidence
b) Purposes
c) Distinction between Proof and Evidence
d) Factum Probans and Factum Probandum
e) Liberal construction of the Rules on Evidence
f) Waiver of the rules on evidence
II. Admissibility ( Rule 128)
a) Requisites of Admissibility
b) Test for Determining the Relevancy of Evidence
c) Admissible Evidence Distinguished from Credible Evidence
People v. Lauga, G.R. No. 186228, March 15, 2010
III. A. Judicial Notice (Rule 129)
1. Function of Judicial Notice; When Mandatory; When Discretionary.
2. Stages when judicial notice may be taken.
Corinthian Gardens v. Spouses Tanjangco, G.R. No. No. 160795, June 27,2008.
Social Justice Society v. Atienza, G.R. No. 156052, February 13, 2008
“G” Holdings, Inc. v. National Mines and Allied Workers, G.R. No.160236, October 16, 2009
Spouses Latip v. Chua, G.R. No. 177809, October 16, 2009
B. Judicial Admission (Rule 129)
1. Implied Admission of Allegations of Usury; of actionable documents;
2. Implied Admission in the Modes of Discovery;
3. Admission in Pleadings and Motions; in Amended Pleadings.
4. Alios Acta Rule
5. Effects of Admissions
6. Classification of Admissions and Confessions
7. Extrajudicial Confessions/Confession
People v. Muit, G.R. No. 181043, October 8, 2008
People v. Satorre, G.R. No. 133858, August 12, 2003
8. Admission by Silence
9. Admission by conspirator
Tamargo v. Awigan, G.R.No. 177727, January 19, 2010
10. Res Inter Alios Acta Rule; Exceptions
11. Plea of Guilty later withdrawn; Unaccepted Plea of Guilty;
Cuenco v. Talisay Tourist Sports Complex, G.R. No. 174154
Toshiba Information v. Commissioner of Internal Revenue, G.R.No.157594, March 9, 2010
12. Positive Identification
People v. Villacorta, G.R. No. 172468, October 15, 2008
13. Documented Alibi
Lejano v. People, 2010
14. Offer of Compromise
People V. Erguiza, G.R. No. 171348, November 26, 2008
15. Similar Conduct
Bank of Commerce v. Manalo, G.R. No. 158149, February 9, 2006
IV. A. Object Evidence
1. Meaning; Objective;
2. Requisites for Admissibility
B. Documentary Evidence
1. Meaning;
2. Requisites of Admissibility
V. Best Evidence Rule/Secondary Evidence (Rule 130)
1. Concept;
2. Reason for the Best Evidence Rule
3. Excuses of not presenting original
4. Meaning of Originals under Rules on Electronic Evidence
Edsa Shangrila v. BF Corporation, G.R. 145842, June 27, 2008
Chua Gaw v. Chua G.R. No. 160855, April 16, 2008
Sansan v. NLRC, G.R. No. 160855, April 16, 2008
DECS v. del Rosario, G.R. No. 146596, January 26, 2005
VI. Parole Evidence Rule
1. Application of Parol Evidence Rule
2. How to introduce parol evidence
3. Waiver of Parol Evidence Rule
ACI Phil.Inc. v. Coquia, G.R. No. 174466, July 14, 2008
Seaoil Petroleum Corporation v. Autocorp.Group, G.R. No. 164326,
October 17, 2008
Marquez v. Espejo, G.R. No. 168387, August 25, 2010
VII. Authentication and Proof of Documents (Rule 132)
a) Concept of Authentication
b) How to prove lack of reord
c) Ancient Documents
d) How to explain alterations in a document
e) Authentication under the Rules on Electronic Evidence
f) Impeachment of Judicial Record
VIII. Testimonial Evidence (Rule 130)
A. Qualification of Witnesses
1. Nature of Testimonial or Oral evidence
2. Presumption in favor of Competence of a witness
3. Other factors that do not affect the competency
B. Disqualification of Witnesses
1. Disqualification by Reason of Immaturity
People v. Golimlim, G.R.No. 145225, April 2, 2004
2. Disqualification by Reason of Death
Sanson v. Court of Appeals, G.R. No. 127745, April 22, 2003
3. Survivorship Disqualification Rule or Dead Man's Statute
4. Marital Disqualification Rule
5. Child Witness Examination Rule
People v. Canete, G.R. No. 491920, March 28, 2003
C. Privilege
1. Government Privilege
Neri v. Senate Committee on Accountability, G.R. No. 180643,
March 25,2008
2. Judicial Privilege
Per Curiam Decision of the Supreme Court in connection with the Letter of the House
Prosecution Panel to Subpoena Justices of the Supreme Court, February 14, 2012
3. Privilege Communications (Rule 130, Section 24)
Mercado v. Vitriolo, AC 5110, May 26, 2005
4. Parental and Filial Privilege (Rule 130, Section 25)
People v. Invencion, G.R. No. 131636, March 5, 2003
D. Examination of Witnesses (Rule 132)
1. Open Court Examination
2. Oath or Affirmation
3. Rights and Obligations of a witness
4. Kinds of Examinations
5. Death or Absence of a witness
E. Impeachment of a Witness (Rule 132)
F. Character Evidence (Rule 130)
1. Inadmissibility of Character Evidence
People v. Lee, G.R. No. 139070, May 29, 2002
G. Opinion Evidence
1. Admissibility of Opinion Evidence
Domingo v. Domingo, G.R. No. 150897, April 11, 2005
2. When Opinion Evidence Admissible; Expert Testimony
3. Opinion of Ordinary Witness; When Admissible.

IX. Hearsay Evidence

A. When Evidence is Hearsay
B. Specific Element of Hearsay Evidence
C. Independent Relevant Statements
D. Exception to the Hearsay Rule
1. Dying Declaration (Sec. 37, Rule 130)
People v. Tabarnero, G.R. No. 168169, February 24, 2010
2. Declaration against Interest (Sec. 38, Rule 130)
3. Entries in the Regular Course of Business
(Sec. 43, Rule 130)
Security Bank v. Gan, G.R. No. 150464, June 27, 2006
4. Commercial List (Sec. 45, Rule 130)
Meralco v. Quisumbing, G.R. No. 127598, February 22, 2000
5. Declaration against Pedigree (Sec. 39, Rule 130)
6. Family Reputation or Tradition regarding pedigree
(Sec. 40, Rule 130)
7. Common Reputation (Sec. 41, Rule 130)
8. Part of Res Gestae (Sec. 42, Rule 130)
Marturillas v. People, G.R. No. 163217, April 18, 2006
9. Learned Treaties (Sec. 46, Rule 30)
10. Testimony or deposition at a former trial (Sec. 47, Rule 130)
X. Burden of Proof, Quantum of Evidence and Presumptions
A. Burden of Proof and Burden of Evidence
Manongsong v.Estimo, G.R. No. 136773, June 25, 2003
1. Where Burden of Proof is Fixe
2. Test of determining where burden of proof lies
3. Burden of Evidence
4. Equipose Rule or Equiponderance Doctrine
5. Corpus Delicti
Rimorin v. People, G.R. No. 146481, April 30, 2003
B. Quantum of Evidence
1. Preponderance of Evidence
Raymundo v. Lunaria, G.R. No. 171036, October 17, 2008
2. Proof beyond reasonable doubt
3. Substantial Evidence
4. Clear and Convincing Evidence
5. Evidentiary Weight of Electronic Evidence
6. Circumstantial Evidence
People v. Quizon, G.R. No. 142532, November 18, 2003
C. Presumptions
1. Concept of Presumption
2. Kinds of Presumptions; Effect
3. Conclusive Presumption
Datalift Movers v. Belgravia Realty, G.R. No. 144268, August 30, 2006
4. Disputable Presumptions
XI. Offer of Evidence and Trial Objections
A. Offer of Evidence
Atlas Consolidated v. CIR, G.R. No. 159490, February 18, 2008
Dizon v. Court of Appeals, G.R. No. 140944, April 30, 2008
1. When Evidence is offered; How an offer of evidence made;
When formal offer of evidence not required.
2. Importance of Offer of Evidence
3. Purposes of Objections
4. General and Specific Objections; Formal and Substantive
Objections.
5. Waiver of Objections; Belated Objections; Ruling on
Objections
5. Tender of Excluded Evidence
Cruz-Arevalo v. Layosa, A.M. RTJ- 06-2005, July 14, 2006