CRIMINAL EVIDENCE

ENDTERM SYLLABUS
SY 2017-2018
1st Semester

1. Parol Evidence
A. Application of Parol Evidence Rule
B. When parol evidence can be introduced
C. Distinctions between the best evidence rule and parol evidence rule
2. Authentication and proof of documents
A. Meaning of authentication
B. Public and private documents
C. When a private writing requires authentication; proof of a private writing
D. When evidence of authenticity of a private writing is not required (ancient document)
E. How to prove genuineness of a handwriting
F. Public documents as evidence; proof of official record
G. Attestation of a copy
H. Public record of a public document
I. Proof of lack of record
J. How a judicial record is impeached
K. Proof of notarial documents
L. How to explain alterations in a document
M. Documentary evidence in an unofficial language
3. Testimonial Evidence
A. Qualifications of a witness
B. Competency versus credibility of a witness
C. Disqualifications of witnesses
i. By reason of mental capacity or immaturity
ii. By reason of marriage
iii. By reason of death or insanity of adverse party
iv. By reason of privileged communications
D. Examination of a witness
i. Rights and obligations of a witness
ii. Order in the examination of an individual witness
a. Direct examination
b. Cross examination
c. Re-direct examination
d. Re-cross examination
e. Recalling the witness
iii. Leading and misleading questions
iv. Methods of impeachment of adverse party’s witness
v. How the witness is impeached by evidence of inconsistent statements (laying the
predicate)
vi. Evidence of the good character of a witness
vii. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
E. Admissions and confessions
i. Res inter alios acta rule
ii. Admissions by a party
iii. Admissions by a third party
iv. Admissions by a co-partner or agent
v. Admissions by a conspirator
vi. Admissions by privies
vii. Admissions by silence
viii. Confessions
ix. Similar Acts as Evidence
F. Hearsay Rule
i. Meaning of Hearsay
ii. Reason for exclusion of hearsay evidence
 iii. Exceptions to the hearsay Rule
1. Dying Declaration
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official record
9. Commercial lists and the like
10. Learned treaties
11. Testimony or deposition at a former trial
G. Opinion Rule
i. Opinion of expert witness
ii. Opinion of ordinary witness
H. Character evidence
i. Criminal cases
ii. Civil cases
I. Rule on examination of a child witness (A.M. No. 004-07-SC)
i. Applicability of the rule
ii. Meaning of “child witness”
iii. Competency of a child witness
iv. Examination of a child witness
v. Live-link TV testimony of a child witness
vi. Video-taped deposition of a child witness
vii. Hearsay exception in child abuse cases
viii. Sexual abuse shield rule
ix. Protective orders
4. Offer and objection
A. Offer of Evidence
B. When to make an offer
C. Objection
D. Repetition of an objection
E. Ruling
F. Striking out of an answer
G. Tender of excluded evidence