THIRD SESSION (OCTOBER 15, 2016)
COMMUNICATION covers several categories:
RULE ON QUALIFICATIONS OF WITNESSES is found in
Section 20, Rule 130 of the RULES OF COURT.
The general rule is that-all persons who can perceive,
and perceiving, can make known their perception to others, may
be witnesses.
Disqualifications of witnesses-are classified into two
categories:
[a] The SPECIFIC DISQUALIFICATIONS and
[b] The DISQUALIFICATIONS BY REASON OF PRIVILEGED
COMMUNICATIONS.
SPECIFIC DISQUALIFICATIONS consist of:
[a] MENTAL INCAPACITY or IMMATURITY-
Referring to those who are mentally incapacitated and
children whose tender age or immaturity renders them
incapable of being witnesses.
SPECIFIC DISQUALIFICATIONS consist of:
[b] Disqualification based on conflicts of interest or on
relationship. To this category belong:
[1] the Disqualification based on Marriage; and
[2] Survivorship Disqualification or the Dead Man’s Statute.
The DISQUALIFICATION BY REASON OF PRIVILEGED
HUSBAND AND WIFE
ATTORNEY and CLIENT
DOCTOR and PATIENT
PRIEST and PENITENT and
NATIONAL INTERESTS
With Respect to MINISTERS or PRIESTS and PENITENT
The disqualification requires that the communications
were made pursuant to a religious duty enjoined in the course of
the discipline of the sect or denomination to which they belong
and must be confidential and penitential in character.
Example:
Those communications made under the “seal of confession.”
NOTE also That-
As in the case of other privileged communications,
THIRD PERSONS WHO OVERHEARD THE CONFESSION
ARE NOT PROHIBITED FROM TESTIFYING ABOUT THEM.
THIS PRIVILEGE COVERS THREE [3] CATEGORIES OF
INFORMATION:
[a] OFFICIAL RECORDS
[b] DOCUMENTS AND PAPERS PERTAINING TO OFFICIAL
ACTS, TRANSACTIONS and DECISIONS;
[c] GOVERNMENT RESEARCH DATA USED IN
FORMULATING POLICIES.
OFFICIAL RECORDS-
refers to any document that is part of the public records
in the custody of government agencies or officials.
OFFICIAL ACTS, TRANSACTIONS and DECISIONS--
refers to documents and papers recording, evidencing,
establishing, confirming, supporting, justifying or explaining
official acts, transactions or decisions of government agencies
or officials.
GOVERNMENT RESEARCH DATA USED IN FORMULATING
POLICIES.
refers to research data, whether raw, collated or
processed, owned by the government and used in formulating
government policies.
To constitute DISQUALIFICATION because of privileged
communications to public officers it is required that-
2. Public interest would suffer by the disclosure of such
communication, such as STATE SECRETS.
EXAMPLE: Under Republic Act No. 53, the publisher, editor or
reporter of any newspaper, magazine or periodical of general
circulation cannot be compelled to reveal the source of any
news report or information appearing in such publication which
was relayed in confidence to him.
HOWEVER, the court or any house committee of
Congress finds that such revelation is demanded by the security
of the state.
Another EXAMPLE:
Under the Labor Code, all information or statements
made at conciliation proceedings shall be treated as privileged
communications and shall not be used as evidence.
Therefore, conciliators and other labor officials shall not
testify in any court or body regarding any matter taken up at the
conciliation proceedings conducted by them.
CROSS-EXAMINATION is the most potent weapon known to
law for separating
-falsehood from truth
-hearsay from actual knowledge
-things imaginary from things real
- opinion from fact.
- Inference from recollection. .
- for testing the intelligence, fairness, memory, truthfulness and
accuracy.
- for testing the honesty, and power of observation of the
witness.
Facts:
Modesto has been married for ten years but seldom goes home
because he has a mistress. His wife decided to leave him but he
prevailed upon her not to go because according to him, he loves
her and will never leave her. When he uttered these words, he
did not truly love his wife. In this situation, if Modesto breaks his
promise, will you consider him a liar?
Facts:
Supposing a friend borrows money from you promising to pay it
the following day because he lost his bank book and cannot
make any withdrawal from his bank. You gave him the money
believing that he has the capacity to pay you back. The truth of
the matter is that he did not have any bank deposit. If he can’t
pay you as he promised, WILL THAT MAKE HIM A LIAR?
Change the situation:
Suppose that friend who was borrowing money from you tells
you that he will pay his loan a day after because he is expecting
to get paid by a debtor and will, therefore, have money by then.
If on that date he promised, he fails to pay you because the
debtor did not pay him, WILL HIS BROKEN PROMISE MAKE
HIM A LIAR?
WHAT IS A LIE?
A lie is any falsehood or untruth knowingly told without
regard to its specific purpose.
It also refers to any falsehood or untruth that deceives or
creates a false impression in the mind of another.
ACCEPTED DEFINITION:
A FALSE STATEMENT knowingly and purposely made
with the intention of deceiving.
What are the COMPONENTS OF A LIE?
[A] There must be a FALSEHOOD or UNTRUTH.
Because if there is no falsehood or untruth, there would not be
any lie at all.
[b] The deceiver must have knowledge that what he is saying
is a lie; and
[c] That the deceiver has an intention to deceive.
Always remember that-
A lie is always concocted for the purpose of creating a
false impression in the mind of another.Which is the reason why
the deceiver does not want to tell the truth.
How do you prove the falsity of a statement?
The truth or falsity of a statement can be proved by
INCONSISTENCY.
When a witness gives different statements in answer to the
same question, It is proof that he is lying.
PROBLEM is-
Which of the two statements is true and which is false.
LIES are of TWO CATEGORIES:
[A] An assertion of a falsehood or untruth on a FACTUAL
MATTER. This is called an OBJECTIVE CLAIM.
What do you mean by FACTUAL MATTER?
It refers to anything about the world that is true, real and
actuality or which will surely be such in the future by reason of
its nature.
Examples are-
The appearance of the sun and the moon in the sky;
the rise and fall of the tide, and such matters that can be
attested to because of the laws of nature.
[B] When one makes a forecase or a prediction about an
uncertain future things or events – these are no longer
factual matters. This is called a SUBJECTIVE CLAIM.
They are punishable not because they are lies but
because they constitute acts of SWINDLING.
WHAT IS A DECEIT?
It refers to any false representations or contrivance
whereby one person overreaches and misleads the other to the
injury of the latter, it is called SWINDLING.
When a person makes a fraudulent representation for the
purpose of divesting another of his money, property or anything
of value for the purpose of appropriating it for himself…
THERE ARE TWO MAIN CATEGORIES OF LIARS--
[a] ORDINARY LIARS and
[b] EXTRAORDINARY LIARS.
ORDINARY LIARS are subdivided into two [2] sub-types:
(1) the CASUAL LIAR and
(2) the HABITUAL LIAR also called the PATHOGENIC LIAR.
A CASUAL LIAR-
is one who tells lies sometimes or only once in a while.
He lies mostly for social purposes.
For example:
[a] To show goodwill or cooperation.
[b] To gain patronage, friendship, trust and respect of others;
[c] For his self-preservation or protection, and
[d] To avoid injury to himself or to others.
CASUAL LIES that are defensive in character, such as
those-
[c] For self-preservation or protection, and
[d] To avoid injury to himself or to others –
Are usually done in the form of a denial or avoidance.
Such as when answering such types of questions as–
“Did you do it?” or “is she the one?”
And then— He would answer: “No” or “I’m not sure.”
although it is just the opposite of what you have just said.
The HABITUAL LIAR-
Also called the PATHOGENIC LIAR
Also called the GENETIC LIAR-
In telling his lies, he does not do it for gain or for any
specific purpose or reason.
He fully knows it but he could not control this urge to lie.
He has very little or no opportunity at all of making any
logical thinking to cover up his lies…
He will just try very hard to look and act normally and
convincingly to make his lies believable.
He knows that what he is telling is not true. But his
enjoyment lies in the mere act of making fantastic stories and
tales.
Because of this handicap, it is very easy to detect his
lies.
EXTRAORDINARY LIARS-
are distinguished from an ORDINARY LIAR by his higher
degree of intelligence, skill and expertise in preparing and
planning.
His deceits are carefully planned in advance – then
executed.
He is good at making use of people and doing a
syndicated job.
The lies he perpetrates are primarily intended for gain or
to divest another of his money, property and other valuable
possessions with a purpose in mind of appropriating them for
himself.
THE PROFESSIONAL LIAR
The best example of this type of liar is the
PROFESSIONAL COURT WITNESS-- This is person is a
witness for hire. He would tell lies and swear to it in court or
before any investigative agency to favor any party, for a fee.
One who makes it his occupation or source of livelihood
to give false testimonies under oath in any court or quasi-judicial
bodies
To be distinguished from a casual witness who testifies
for a fee.
This casual witness is only a hired witness.
He does not tell lies for a living.
VARIOUS CATEGORIES OF PROFESSIONAL WITNESSES:
[a] The ordinary free-wheeling witnesses who testifies falsely in
court for a fee;
[b] Police Assets [also called police spies or informers];
The POLICE ASSETS-
Characteristics:
Some of them testify in court but most remain in absolute
anonymity.
 Many, if not all of them, have police records of conviction The term is derived from the Latin word “TESTES” which means
or are drug users or pushers who cooperate with the police in “WITNESS.”
return for police protection and cuddling.
TESTIMONIAL EVIDENCE, therefore, may be more briefly
[c] Some policemen who take it upon themselves to defined as “Evidence solicited from a witness.”
investigate, conduct bogus “buy-bust” operations and arrest
suspected drug addicts and pushers. FORMS OF TESTIMONIAL EVIDENCE:
(a) ORAL TESTIMONY (in open court)
POLICE OFFICERS AS PROFESSIONAL WITNESSES: (b) AFFIDAVITS and
They act as government witnesses even without authority (c) DEPOSITIONS..
from the PDEA. CLASSES OF TESTIMONIES:
Because of their repeated police operations, they had 1. Former Testimony
become very proficient in making sworn statements that have a 2. Negative Testimony
common pattern of activity involved although the incidents 3. Opinion Testimony
alluded by them never took place. Thereby becoming 4. Positive Testimony and
professional liars themselves 5. Reputation Testimony.
HEARSAY EVIDENCE RULE FORMER TESTIMONY- is the testimony given by the witness
Brief Review of PAST LESSONS- at a different proceeding (as in another hearing or in a
TESTIMONIAL EVIDENCE- is any written or oral deposition).may be admitted when the witness is unavailable on
statement or declaration of a person respecting a matter of fact the condition that the party against whom it is offered had the
sought to be proven. opportunity to cross-examine the witness.

TESTIMONY means such evidence as is delivered by a witness NEGATIVE TESTIMONY is a testimony concerning what did
on the trial ofa case, either orally or in the form of affidavits not happen, especially concerning what the witness did not
or depositions. perceive.
EXPERT TESTIMONY- are those usually given by qualified
experts which may be based on facts or data that he perceived
directly or of which he or she is made aware other than by direct
perception at or before the trial.
POSITIVE TESTIMONY is testimony that presents an
affirmative declaration of facts and is based on the personal
knowledge of the testifier.
REPUTATION TESTIMONY-- concerns a person’s
reputation among associates or in the community.
What is HEARSAY? is a term applied to that kind of
testimony given by a witness who relates, not what he knows
personally, but what others have told him, or what he has heard
said by others.
What is the HEARSAY RULE?
It states that testimony regarding facts which a witness
knows of his own personal knowledge or that is derived from his
own personal perception, may be admitted in evidence.
The HEARSAY RULE requires that the testimony of a
witness should be confined only to his personal knowledge or
those derived from his own perception.
Hearsay is not limited to oral testimony.
A writing may also be hearsay
EXCEPTIONS TO THE HEARSAY EVIDENCE RULE
1. DYING DECLARATIONS OR ANTE-MORTEM
STATEMENTS
Those made under the consciousness of an impending death.
2. DECLARATION AGAINST INTEREST.
Declaration made by a person deceased or outside the
country or unable to testify which is so far contrary to his own
interest .
It is only a secondary evidence. Meaning that it may be
received in evidence only if the declarant is unavailable
It may be oral or in writing. It may appear in accounts,
deeds, entries, evidence given on a former occasion,
inventories or letters.
3. DECLARATION OF A PERSON DECEASED OR
OUTSIDE THE COUNTRYIN RESPECT TO THE PEDIGREE
OF ANOTHER PERSON RELATED TO HIM.
“PEDIGREE”
means lineage, descent and succession of families, the line of
ancestors to which a person descends. A genealogy
4. FAMILY REPUTATION OR TRADITION REGARDING
PEDIGREE
These are evidence of reputation or tradition within a
family existing before the controversy.
It may be received in evidence only if the person
testifying is a member of the family.
COMMON REPUTATION--
They must be facts of general interest more than thirty
years old, or respecting marriage or moral character.
6. PART OF THE RES GESTAE
They refer to statements made by a person while a
startling occurrence is taking place or immediately prior or
subsequent thereto.
Res gestae means “things done.”
THERE ARE TWO (2) KINDS:
1. Spontaneous Exclamations and
2. Statements accompanying an equivocal act.
SPONTANEOUS EXCLAMATION or STATEMENT
is an exclamation or statement made immediately after
some exciting occasion by a participant or spectator and
asserting the circumstance of that occasion as it is observed by
him.
The startling occurrence may refer to a death, vehicular
collision, shooting, abduction, accident, and similar incidents.
STATEMENTS ACCOMPANYING AN EQUIVOCAL ACT or
VERBAL ACTS
refer to utterances which accompany some act or
conduct to which it is desired to give a legal effect.
Example:
A witness saw Mr. Juan handing Mr. Pedro some a
bundle of money. Without any accompanying words, we will not
know whether it was a loan or a financial assistance.
To know for what purpose the money being handed was,
we have to rely on some statements uttered accompanying the
act.
Supposing as Mr. Juan is handing the money to Mr.
Pedro, Mr. Juan was heard saying: “Pare, heto na yung
nahiram kongpera sa iyo.”What do you think was the money
for?
Supposing as Mr. Juan was handing the money, he was
heard saying “Pare, sana bayaran mo bago magpasukan,”then
we will know that it was a loan.
Supposing as he was handing the money, Mr. Juan was
heard saying “Pare, pakibigay mo nga sa inaanak ko, nag-
birthday pala.”Then we know that it was
ss a birthday gift.
Suppose before Mr. Juan handed the money, Mr. Pedro
was heard uttering the following words:
“PARE, HUWAG KANG KIKILOS, HOLD-UP ITO!”
What do you think happened?