REVISED RULES ON EVIDENCE SYLLABUS

Dean Ferdinand A. Tan

1 Semester S.Y. 2020-2021
st

A.M. No. 19-08-15-SC

2019 Amendments to the Revised Rules on Evidence

I. DOCTRINES, RULES, AND PRINICIPLES

a. What is One Day One Witness Rule?

b. What is Most Important Witness Rule
c. What is the Viatory Rights of the Witness Rule?
d. What is Equipose or Equiponderance of Evidence Rule?
e. What is the “Doctrine of the Fruit of the Poisonous Tree”?
f. What is the “Doctrine of Relaxed Admissibility of Evidence”?
g. What is Best Evidence Rule?
h. What is Parol Evidence Rule?
i. What is the Rule on Falsa Demonstration Non Nocet?
j. What is the doctrine of “presumed-identity approach” or
“processual presumption”?
k. What is “Assumption of Truth Rule”?
l. What is “Chain of Custody Rule”?
m. What is the Principle of Interlocking Confession?
n. What is Plain View Doctrine?
o. What is “Hypothetical Admission Rule”?
p. What is the doctrine of parental privilege?
q. What is the Doctrine of Filial Privilege?
r. What is the Principle of Spousal Immunity?
s. What is Dead Man’s Statute Rule or Survivorship Disqualification
Rule?
t. What is husband and wife privileged communication rule?
u. What is attorney-client privileged communication rule?
v. What is doctor-patient privileged communication rule?
w. What is priest-penitent privileged communication rule?
x. What is state secrets privileged communication rule?
y. What is presidential privilege communication rule?
z. What is deliberative process privilege information rule?
aa. What is “Good Samaritan Rule”?
bb. What is the rule on admission by a third party?
cc. What is Res Inter Alios Acta Rule?
dd. What is Hearsay Evidence Rule?
ee. What is the principle of independent relevant statement? (Bar
Exam 1991)
ff. What is the principle of Res Gestae?
gg. What is opinion rule?
hh. What is the Doctrine of Incomplete Testimonies?
ii. What is “Revival of Present Memory” Rule?
jj. What is “Revival of Past Recollection Rule”? (Bar Exam 1996)
kk. What is “Laying of the Predicate Rule”?
ll. What is “Ancient Document Rule”?
mm.What is evidence on motion rule?
nn. What is “Same Evidence Test Rule”?
oo. What is “Berry Rule”?
pp. What is “Lord Coke’s Doctrine”?
 qq. What is confidential information rule?
rr. What is Bursting Bubble Theory?
ss. What is the Doctrine of Absolute Privileged Communication?
tt. What is the doctrine of Apparent Authority?

II. BASIC CONCEPT IN EVIDENCE

a. EVIDENCE IN GENERAL

i. Evidence Defined
Purpose of Evidence
Evidence vs. Proof
Factum Probandum vs. Factum Probans

ii. Nature of the Rules on Evidence

ii. Kinds of Evidence
iii. Hierarchy of Evidentiary Rules
iv. Sources of the Rules on Evidence
v. Construction of the Rules on Evidence
vi. Liberal Construction of the Electronic Evidence Rule
vii. Liberal Construction of the Child Witness Examination Rule
viii. Liberal Construction of the Rules of Evidence in
Impeachment Trial

b. SCOPE OF APPLICATION OF THE RULES ON EVIDENCE AND

OTHER RELATED RULE

i. Scope of Application of the Rules on Evidence

ii. Cases Where the Rules on Evidence Will Not Directly Apply
iii. Scope of Application of the Revised Guidelines for
Continuous Trial in Criminal Cases (A.M. No. 15-06-10-SC,
Sept. 1, 2017)
iv. Scope of Application of DNA Evidence Rule
v. Scope of Application of the Rules of Court in Child Witness
Examination Rule
vi. Scope of Application of Electronic Evidence Rule
vii. Scope of Application of the Judicial Affidavit Rule
viii. Application of the Rules of Court in Civil Forfeiture Cases
ix. Application of the Rules of Court in Labor Cases

c. ADMISSIBILITY OF EVIDENCE

i. Rule on Admissibility of Evidence

ii. Kinds of Admissibility

Case:
-(People of the Philippines vs. Patrick John Mercado y Anticla, G.R. No.
218702, October 17, 2018)

iii. Determination of admissibility of evidence

iv. Difference Between Admissibility of Evidence and Weight of
Evidence or Credibility of Evidence
v. Rule on Admissibility of Newly Discovered Evidence
vi. Rule on Admissibility of Electronic Document

Cases:
 -(People of the Philippines v. Noel Enojas y Hingpit, G.R. No. 204894,
March 10, 2014)

-(Raul Francia vs. Atty. Reynaldo Abdon, A.C. No. 10031, July 23, 2014)

vii. Manner of Authentication of Electronic Evidence

Case:
-(RCBC Bankard Services Corporation vs. Moises Oracion Jr. and Emily L.
Oracion, G.R. No. 223274, June 19, 2019)

viii. Rule on admissibility under the Rectification of Simulated

Act (R.A. 11222)
ix. Rule on Admissibility of Evidence in relation to
Confidentiality of Birth Records (Administrative Order No. 1,
Series of 1993)

Case:
(Mercedita De Jesus vs. Atty. Juvy Mell Sanchezmalit, A.C. No. 6470, July
8, 2014)

x. Rule on Admissibility of Videotaped and Audio-taped

Interview in Child Abuse Cases
xi. Rule on Admissibility of Evidence under the “Sexual Abuse
Shield Rule”
xii. Rule on Admissibility of Deposition
xiii. Rule on Admissibility in relation to Preliminary Investigation

Case:
(Liza Maza et al. vs. Hon. Evelyn Turla, et al., G.R. No. 187094, February
15, 2017)

xiv. Rule on Admissibility of Evidence in relation to Search and

Seizure

Case:
(Pollo v. Constantino-David, G.R. No. 181881, October 18, 2011)

xv. Rule on Admissibility of Dangerous Drugs: Chain of Custody

Rule
xvi. Rule on Allowance of evidence marked during pre-trial
xvii. Rule on Admissibility of evidence in the Entries in the
Official Records
xviii. Rule on Admissibility of Evidence under Anti-Wire Tapping
Law

Cases:
-(Francisco vs. House of Representatives. (G.R. No. 160261, November 10,
2003)

-(Ramirez vs. Court of Appeals (G.R. No. 93833, September 28, 2005),

-(People vs. Navarro (G.R. No. 121087, August 26, 1999),

-(Ganaan vs. Intermediate Appellate Court (G.R. No. L-69809, October 16,
1986)
 xix. Rule on Admissibility of Evidence in relation to Human
Securities Act
xx. Rule on the Admissibility of Photographic Video and other
Similar Evidence under the Rules on Environmental Cases
xxi. Rule on the Admissibility of Sworn Statement in case of
Discharge as a State Witness
xxii. Rule on the Admissibility of Evidence under the Doctrine of
Falsius in Uno Falsius in Omnibus

Case:
(People vs. Jose Galvez, G.R. No. 181827, February 2, 2011)

xxiii. Rule on the Admissibility of Alibi and Denial

Requisites for Alibi or Denial will be admissible

xxiv. Rule on Admissibility of Evidence in case of Recantation of

Testimony

Case:
(Kaunlaran Lending Investors, Inc. and Lelia Chuasy vs. Loreta Uy, G.R. No. 154974,
February 4, 2008)

xxv. Rule on the Admissibility in Case of Defense of Frame-up

xxvi. Rule of Admissibility and Weight of Evidence in Case of
Failure to Report the Incident
xxvii. Doctrine of Relaxed Admissibility of Evidence in Writ of
Amparo

Cases:

(In the Matter of the Petition for the Issuance of a Writ of Amparo in Favor of Lilibeth
Ladaga vs. Major General Reynaldo Mapagu, Commanding General of the Philippine
Army’s 10th Infantry Division, et al./In the Matter of the Petition for the Issuance of a
Writ of Amparo in Favor of Angela A. Librado-Trinidad vs. Major General Reynaldo
Mapagu, Commanding General of the Philippine Army’s 10th Infantry Division, et al. In
the Matter for the Petition for the Issuance of a Writ of Amparo in Favor of Carlos
Isagani. T. Zarate vs. Major General Reynaldo Mapagu, Commanding General of the
Philippine Army’s 10th Infantry Division, et al., G.R. No. 189689/G.R. No. 189690/G.R.
No. 189691, November 13, 2012)

xxviii. Rule on the Objection to the Admissibility of Evidence

d. RELEVANCY AND COLLATERAL MATTERS

i. Rule on Relevancy and Collateral Matters

Distinctions between relevancy and competency

III. CONSTITUTIONAL PROVISIONS RELATIVE TO THE RULES ON

EVIDENCE

a. Due Process of Law

Cases:
(Shu v. Dee, G.R. No. 182573, April 23, 2014)

(Cudia v. The Superintendent of the Philippine Military Academy, G.R. No.

211362, February 24, 2015)
 (Alejano v. People, G.R. No. 176389, December 14, 2010)

b. Equal Protection of Laws

c. Rights Against Unreasonable Searches and Seizure

Cases:
-(Kulayan v. Tan, G.R. No. 187298, July 03, 2012)

- (Martin Villamor Y Tayson, And Victor Bonaobra Y Gianan, V. People Of

The Philippines, G.R. No. 200396, August 22, 2017, Del Castillo, J.)

- (Securities and Exchange Commission vs. Rizza G. Mendoza, G.R. No.

170425, April 23, 2012)

- (Sales v. People, G.R. No. 191023, February 06, 2013)

- (World Wide Web Corporation, et al. v. People of the Philippines, et

al./Planet Internet Corporation v. Philippine Long Distance Telephone
Company,G.R. Nos. 161106/161266, January 13, 2014

d. Right to Privacy of Communication and Correspondence

e. Rights During Custodial Investigation – “Miranda Rights”

Cases:
- (People v. Guting, G.R. No. 205412, September 9, 2015)

-(Tanenggee v. People, G.R. No. 179448, June 26, 2013)

f. Right to Bail

Case:
(Enrile vs. Sandiganbayan, G.R. No. 213847, August 18, 2015)

g. Rights of the Accused

h. Right to Speedy Disposition of Cases
Distinctions between right to speedy disposition of cases and
speedy trial

i. Right Against Self-Incrimination

Cases:
- (Rosendo Herrera, Petitioner, Vs. Rosendo Alba, Minor, Represented By
His Mother Armi A. Alba, And Hon. Nimfa Cuesta-Vilches, Presiding Judge,
Branch 48, Regional Trial Court, Manila, Respondents., G.R. No. 148220,
June 15, 2005)

- (Dela Cruz v. People, G.R. No. 200748, July 23, 2014)

- (People v. Fieldad, G.R. No. 196005, October 1, 2014)

j. Rule-Making Power of the Supreme Court

Cases:
(Salvador Estipona, JR. y Asuela, vs. Hon Frank E. Lobrigo, Presiding
Justice of the Regional Trial Court, Branch 3, Legazpi City, Albay and the
People of the Philippines, G.R. No. 226679, August 15, 2017)

k. Constitutional Provision on Judgment

IV. RULE 129 – WHAT NEED NOT BE PROVED

a. JUDICIAL NOTICE

i. When is Judicial Notice Mandatory?

Purpose
What is the Doctrine of Judicial Notice?
Cases:
(Republic of the Philippines vs. Segundina Rosario, G.R. No. 186635,
January 27, 2016)

(Rico Rommel Atienza vs. Board of Medicine and Editha Sioson, G.R. No. 177407,
February 9, 2011)

(Pilipinas Shell Petroleum Corporation Vs. Commission on Customs, G.R.

No. 195876. December 5, 2016)

ii. When is Judicial Notice Discretionary?

What is the doctrine of processual presumption?

Case:
(David Noveras vs. Leticia Noveras, G.R. No. 188289, August 20, 2014,
PEREZ, J.)

iii. When is Hearing Necessary in Judicial Notice?

b. JUDICIAL ADMISSIONS

i. Judicial Admissions
Requisites?
Effects of Judicial Admission.

Case:
(Aderito Yujuico vs. United Resources Asset Management, Inc. et. al., G.R.
No. 211113, June 29, 2015)

Distinctions between judicial admission and extra-judicial

admission?
Distinctions between judicial admission and judicial
confession?
Instances of judicial admission?

ii. Judicial admission in relation to “Hypothetical Admission

Rule”
iii. Judicial admission in relation to Request for Admission
under Rule 26
iv. Judicial admission in relation to Judgment on the Pleadings
v. Judicial admission in relation to Offer of Compromise in
Criminal Cases
vi. Judicial admission in relation to Plea of Guilty to a Lesser
Offense
vii. Judicial admission in relation to Plea of Guilty to a Capital
Offense
viii. Judicial admission in relation to Plea of Guilty to a Non-
Capital Offense
V. RULE 130 – RULES OF ADMISSIBILITY

a. CLASSIFICATION OF EVIDENCE

b. OBJECT OR REAL EVIDENCE

Definition
Scope of object evidence?
Requisites for admissibility of object evidence
Limitations on the admissibility of object evidence? Exceptions?
Instances where the documentary evidence is treated as object
evidence?

i. Chain of Custody Rule in relation to Object Evidence

Requisites
Effect of non-compliance?

ii. DNA Evidence Rule in Relation to Object Evidence

1. Application of other Rules on Evidence

2. Definition of Terms
3. Application for DNA Testing

Case:
(Villaflor vs. Summers, 41 Phil. 62), since the gist of privilege is the restriction
on “testimonial compulsion.” (Rosendo Herrera, vs. Rosendo Alba, Minor, Represented by
His Mother Armi A. Alba, and Hon. Nimfa Cuesta-Vilches, Presiding Judge, Branch 48,
Regional Trial Court, Manila, G.R. No. 148220, June 15, 2005)

(Arnel L. Agustin vs. Hon. Court of Appeals and minor Martin Jose Prollamante, represented
by his mother/guardian Fe Angela Prollamante, G.R. No. 162571, June 15, 2005)

4. DNA Testing Order

Remedy in case of DNA Order?
Effects of failure to comply?
5. Post- Conviction DNA Testing
Remedy in case of favorable result?
6. Assessment of Probative Value of DNA Evidence

Case:
(People of the Philippines vs. Rufino Umanito, G.R. No. 172607, October 26, 2007)

7. Reliability of the DNA Testing Methodology

8. Evaluation of the DNA Testing Results
9. Post-conviction DNA Testing Results: Remedy if
favorable
10. Confidential Nature of the Profiles and Result
11. Preservation of DNA Evidence
12. Applicability of the Rules to Pending Cases

iii. Paraffin Testing in relation to Object Evidence

Case:
(Joselito Peralta vs. People of the Philippines, G.R. No. 221991, August 30,
2017)
 (People of the Philippines vs. Alfredo Pascual Y Ildefonso, G.R. No. 172326, January 19,
2009)

c. DOCUMENTARY EVIDENCE

i. Documentary Evidence defined

Case:
(Fairland Knitcraft Corporation vs. Arturo Loo Po, G.R. No. 217694, January
27, 2016, MENDOZA, J.)

ii. Electronic Document

Original of the Electronic Evidence

d. PRIMARY DOCUMENTARY EVIDENCE

i. Original Document Rule? Exceptions

Rationale of the rule
Purpose of the rule
Requisites for the rule to apply
Distinctions between Rule 27 & Sec. 3(b) of Rule 130

Cases:

(Skunac Corporation and Alfonso Enriquez vs. Roberto Sylianteng and Caesar
Sylianteng, G.R. No. 205879, April 23, 2014)

(Esperanza Berboso vs. Victoria Cabal, G.R. No. 204617, July 10, 2017)

(Young Builders Corporation vs. Benson Industries, Inc., G.R. No. 198998,
June 19, 2019)

-(Romeo Sison, Nilo Pacadar, Joel Tan, Richard De Los Santos, And Joselito
Tamayo, Vs. People of The Philippines And Court of Appeals, G.R. Nos.
108280-83 November 16, 1995; Romeo Sison, Nilo Pacadar, Joel Tan, Richard
De Los Santos, And Joselito Tamayo, Vs. People of The Philippines And Court
of Appeals, G.R. Nos. 114931-33 November 16, 1995)

-(PO2 Jessie Flores vs. People of the Philippines, G.R. No. 222861 April 23, 2018)

-(Anna Marie Gumabon vs. Philippine National Bank, G.R. No. 202514, July
25, 2016)

-(Hilario Lamsen vs. People of the Philippines, G.R. No. 227069, November 22,
2017)

ii. Original of an Electronic Document?

Cases:
(Liwayway Vinzons-Chato vs. House of Representatives Electoral Tribunal and Elmer
Panotes, G.R. No. 199149; Elmer E. Panotes vs. House of Representatives Electoral Tribunal
and Liwayway Vinzons-Chato, G.R. No. 201350, January 22, 2013)

Ellery March Torres vs. Phil Amusement and Gaming Corporation, G.R. No. 193531,
December 14, 2011)

iii. Original of Document

Case:
 (Mayor Emmanuel L. Maliksi, Vs. Commission on Elections and Homer T.
Saquilavan G.R. No. 203302, April 11, 2013)

e. SECONDARY DOCUMENTARY EVIDENCE

i. When the Original Document is Unavailable

Case:
(Esperanza Berboso vs. Victoria Cabal, G.R. No. 204617, July 10, 2017)

(Virginia Calimag vs. Heirs of Silvestra Macapaz, G.R. No. 191936, June 1,
2016)

(People of the Philippines vs. Anthony Mabalo y Bacani, G.R. No. 238839,
February 27, 2019)

ii. When the Original Document is in the Adverse Party’s

Control or Possession

Case:
(Edsa Shangri-La Hotel And Resort, Inc., Rufo B. Colayco, Rufino L.
Samaniego, Kuok Khoon Chen, And Kuok Khoon Tsen, vs. BF
Corporation, G.R. No. 145842, June 27, 2008]; Cynthia Roxas-Del
Castillo, Vs. Bf Corporation, G.R. No. 145873, June 27, 2008)

iii. Evidence Admissible when the Original Document is a Public

Record
iv. Summaries

Case:
. (Compañia Maritima Vs. Allied Free Workers Union, Salvador T. Lluch,
Mariano Ll. Badelles, individually and in their capacities as President and
Vice-President, respectively of the Allied Free Workers Union, Nicanor Halebas
And Laurentino Ll. Badelles, individually and officers of Allied Free Workers
Union, G.R. No. L-28999 May 24, 1977)

v. Party Calling for the Document Not Bound to Offer It

Case:
(Dimaguila vs. Jose and Sonia Monteiro, G.R. No. 201011, January 27, 2014)

f. PAROL EVIDENCE RULE

i. Parol Evidence Rule and Exceptions

Rationale
Purpose
Distinctions between Parol Evidence and Original document
rule

Cases:

(Shemberg Marketing Corporation vs. Citibank, G.R. No. 216029, September 4,

2019)

(Spouses Bonifacio And Lucia Paras Vs. Kimwa Construction and

Development Corporation, G.R. No. 171601, April 8, 2015)
 ii. Kinds of Ambiguities
Requisites for mistake to be an exception to Parol Evidence
Rule

Cases:
(Republic of the Philippines and Housing and Urban Development
Coordinating Council vs. Gonzalo Roque, Jr. et al., G.R. No. 203610, October
10, 2016)

(Republic of the Philippines and Housing and Urban Development

Coordinating Council vs. Gonzalo Roque, Jr. et al., G.R. No. 203610, October
10, 2016)

(Felix Plazo Urban Poor Settlers Community Association, Inc. vs. Alfredo Lipat
Sr. and Alfredo Lipat Jr., G.R. No. 182409, March 20, 2017)

g. INTERPRETATION OF DOCUMENTS

i. Interpretation of Writing According to its Legal Meaning

ii. Instrument Construed so as to Give Effect to all Provisions
iii. Interpretation according to Intention
iv. Interpretation according to Circumstances
v. Rule on Peculiar Signification of Terms
vi. Conflict Between Written Words and Printed Form
vii. Experts and Interpreters to Be Used in Explaining Certain
Writings
viii. Preference over Two Interpretations in an Agreement
ix. Construction in Favor of Natural Right
x. Interpretation According to Usage
xi. Civil Code Provisions on Interpretation of Contract

h. TESTIMONIAL EVIDENCE

i. Testimonial evidence defined

ii. Kinds of Testimonies
iii. Kinds of Witnesses

i. QUALIFICATIONS OF A WITNESS

i. Rule on Witnesses and their Qualifications

ii. Competency of the witness vs. credibility of the witness
iii. Rule on competency of a child witness under the Child
Witness Examination Rule

Cases:

(People of the Philippines vs. Alvin Esugon, G.R. No. 195244, June 22, 2015,
BERSAMIN, J.)

(People of the Philippines vs. Golem Sota and Amidal Gadjadli, G.R. No.
203121, November 29, 2017)

(People of the Philippines vs. Jerry Obogne, G.R. No. 199740, March 24, 2014)

iv. Rule Testimony based on Personal Knowledge (Lack of First

Hand Information Rule)
Rationale?
Principle of Independent Relevant Statement
Case:

(Jose Espineli a.k.a. Danilo Espineli, vs. People of The Philippines, G.R.
No.179535, June 9, 2014)

j. DISQUALIFIED WITNESSES

i. Rule on Disqualification by Reason of Marriage or “Principle

of Spousal Immunity”
Exceptions
Case:
(Maximo Alvarez vs. Susan Ramirez, G.R. No. 143439 October 14, 2005)

ii. Rule on Disqualification by Reason of Privileged

Communication
a) Husband and Wife
Rationale

b) Attorney-client
Exceptions:
1) Future crime-fraud exception rule;
2) Claims against same deceased client exception rule;
3) Self-defense exception rule;
4) Lawyer attesting witness exception rule;
5) Joint clients’ exception rule;
6) Other exceptions.

c) Doctor-patient privilege communication

Exceptions?
Coverage of the application

d) Priest-penitent privilege communication

Rationale for the rule
Coverage of the application of the rule
Exceptions

e) Privilege communication by reason of public office

Requisites?
Exceptions?
Presidential Privilege Matter Rule

Case:
(Romulo L. Neri vs. Senate Committee on Accountability of Public Officers and
Investigations, Senate Committee on Trade and Commerce, and Senate
Committee on National Defense and Security, G.R. No. 180643 September 4,
2008)
Deliberative Process Privilege Information Rule?

Case:
(Department of Foreign Affairs versus, BCA International Corporation G.R. No.
210858, June 29, 2016)

Confidential Information Rule?

Privilege communication in electronic evidence
Privilege matters taking deposition
Privilege matter in production and inspection of documents
Confidential matters in Judicial Dispute Resolution
Confidential matters in Administrative Adoption
 Confidential nature of DNA profiles and Result
Confidential information under the Philippine Competition
Act
(R.A.10667)
Confidential information under the Data Privacy Act (R.A.
10173)
Confidential proceedings under R.A. 6981

k. TESTIMONAL PRIVILEGE

i. Parental and Filial Privilege Rule

Exceptions

Case:
(Emma K. Lee vs. Court of Appeals, G.R. No. 177891, July 13, 2010)

ii. Privilege matter relating to Trade Secrets

Case:
(Air Philippines Corporation, vs. Pennswell, Inc G.R. NO. 172835, December
13, 2007)

i. ADMISSION AND CONFESSION

iii. RULE ON ADMISSIONS

1. Admission of a Party
Kinds of admission
Distinctions between admission and confession
Distinctions between admission and declaration
against interest

iv. OFFER OF COMPROMISE

1. Rule on Offer of Compromise

Instances where compromise is allowed

Case:
(San Miguel Corporation, vs. Helen T. Kalalo, G.R. No. 185522, June 13,
2012)

Criminal cases which can be referred to mediation

Nolo Contendere under the Philippine Competition Act
(R.A. 10667)

v. ADMISSON BY THIRD PARTY/”RES INTER ALIOS ACTA

RULE”

1. Admission by Third Party or “Res Inter Alios Actua

Rule” of the First Kinds
2. Exceptions to “Res Inter Alios Acta Rule”
Admission by co-partner
Admission by co-conspirator
Principle of interlocking confession
 Admission by privies
Admission by silence
Case:
(Spouses Cipriano Pamplona and Bibiana Intac vs. Spouses Lilia Cueto and
Vedasto Cueto, G.R. No. 204735, February 19, 2018)

3. Rule on Previous Conduct as Evidence: Second Kind of

“Res Inter Alios Acta Rule”

vi. CONFESSION

1. Confession defined
2. Constitutional Provision in relation to Confession
3. Kinds of confession
4. Requisites

vii. RULE ON UNACCEPTED OFFER

1. Unaccepted Offer

a. Civil Code Provision on Consignation

b. Tender of Payment a Condition Precedent

viii. TESTIMONIAL KNOWLEDGE

1. Hearsay Evidence Rule

Rationale for the rule
2. Exceptions to Hearsay Evidence Rule

1) Dying declaration (Sec. 38);

2) Statement of a deceased or person of unsound mind (Sec.
39)
3) Declaration against interest (Sec. 40);
4) Acts or declaration about pedigree (Sec. 41);
5) Family reputation or tradition regarding pedigree (Sec.
42);
6) Common reputation (Sec. 43);
7) Res gestae (Sec. 44);
8) Records of regularly conducted business activity (Sec. 45)
9) Entries in the official records (Sec. 46);
10) Commercial list and the like (Sec. 47);
11) Learned Treatise (Sec. 48);
12) Testimony or deposition at a former proceeding. (Sec. 49)
13) Residual exceptions (Sec. 50)

3. Additional Exception to Hearsay Evidence Rule

Case:
(RCBC Bankard Services Corporation vs. Moises Oracion Jr. and Emily L.
Oracion, G.R. No. 223274, June 19, 2019)

ix. OPINION RULE

1. Rule on Opinion of a Witness

2. Rule on Opinion of Expert Witness

Case:
 (Spouses Luis G. Batalla and Salvacion Batalla vs. Prudential Bank,
Nagatome Auto Parts, Alicia Rantael, and Honda Cars San Pablo, Inc., G.R.
No. 200676, March 25, 2019)

3. Rule on Opinion of Ordinary Witness

x. CHARACTER EVIDENCE RULE

1. Rule on Character Evidence

a. In Criminal Cases
b. In Civil Cases
c. In the case provided in Section 14, Rule 132

VI. RULE 131 – BURDEN OF PROOF, BURDEN OF EVIDENCE, AND

PRESUMPTIONS

a. BURDEN OF PROOF

i. Burden of Proof & Burden of Evidence

Distinctions
ii. Rules on Presumption
Kinds of presumption

1. Conclusive Presumptions

a. Conclusive Presumptions
b. Rules on Presumption in case of Judgment or
Final Orders by the Philippine Court
c. Rule on Presumption in case of Foreign
Judgment or Final Orders
d. Rule on Presumption in case of Judicial
Confession
e. Rule on Presumption in Case of Forgery
f. Rule on Presumption in Case of Conjugal
Property

2. Disputable Presumptions

a. Rule on Disputable Presumptions

3. Presumption on Legitimacy or Illegitimacy

4. Presumptions on the Competence of Child Witness
5. Disputable Presumptions on Electronic Evidence

a. Electronic Signature Defined

b. Disputable Presumption on Electronic Signature
c. Digital Signature Defined
d. Disputable Presumptions on Digital Signatures

6. Disputable Presumption on DNA Testing

7. Disputable Presumption in case of a Foreign Judgment
or Final Orders Against a Person
 8. Presumptive notice of court settings (Sec. 10, Rule 13
of the 2019 Amendments to the 1997 Rules on Civil
Procedure (A.M. NO. 19-10-20)
9. Busting Bubble Theory

VII. RULE 132 – PRESENTATION OF EVIDENCE AND EXAMINATION

OF INDIVIDUAL WITNESSES

a. RULES ON TRIAL OR PRESENTATION OF EVIDENCE

i. Kinds of Trial
Distinctions between trial and hearing
Instances where trial is not necessary

ii. Order of Trial in Civil and Criminal Cases

iii. Rule on Continuous Trial

1. Continuous Trial in Criminal Cases (A.M. No. 15-06-

10-SC)
2. Continuous Trial under Rules of Procedure in
Environmental Cases
3. Continuous trial in Admiralty Cases (Sec. 2, Rule 4
Part II of the Rules of Procedure for Admiralty Cases
(A.M. No. 19-08-14-SC, January 1, 2020)

b. RULES ON EXAMINATION OF INDIVIDUAL WITNESSES

i. Trial Proper

1. Kinds of questions
2. Examinations of Witnesses in Open Court
3. Proceedings to be Recorded
4. Rights and Obligations of a Witness
5. Order of trial in civil and criminal cases
6. Order of Examination of Individual Witness

a. Direct Examination
b. Cross-examination
Purpose
Doctrine of Incomplete Testimony/Cross-
Examination

c. Re-direct Examination
d. Re-cross Examination
e. Recalling of Witness

-Rules on Pilot Testing of Hearings of Criminal

Cases Involving Persons Deprived of Liberty Through
Videoconferencing (Paragraphs 2, 3, 4, & 6 of
Administrative Circular No. 37-2020)

-Rights and privileges of a child witness under the

Child Witness Examination Rule (A.M. No. 004-07-SC)
-One day one witness rule
 -Most Important Witness Rule
-Judicial Affidavit Rule
Cases:

(Fairland Knitcraft Corporation vs. Arturo Loo Po, G.R. No. 217694, January
27, 2016)
(Lara’s Gift and Décor’s, Inc. vs. PNB General Insurers Co. Inc. G.R. Nos.
230429-30, January 24, 2018)

f. Rule on Leading and Misleading Questions

g. Rule on Impeachment of Adverse Party’s Witness

Case:
(Ng Meng Tam Vs. China Banking Corporation, G.R. No. 214054,
August 5, 2015)

h. Party may Not Impeach His Own Witness

i. Impeachment by Prior Inconsistent Statements
or “Rule on Laying of the Predicate”
j. Rule on Impeachment by Prior Conviction of a
Crime
k. Evidence of Good Character of Witness
l. Exclusion and Separation of Witnesses
m. Reference to a Memorandum by the Witness
n. Part of the Transaction, Writing, or Record given
in Evidence, the Reminder Admissible
o. Right to Inspect Writing

ii. RULES ON AUTHENTICATION AND PROOF OF

DOCUMENTS

1. Classes of Document as Evidence

2. Proof of Private Document
3. When Evidence of Authenticity of Private Document
not Necessary – “Ancient Document Rule”
4. Manner of Proving Genuineness of Handwriting
5. Public Documents as Evidence
Case:
(Republic of the Philippines vs. Miller Omandam Unabia, G.R. No. 213346,
February 11, 2019)

6. Official Records as Evidence

Case:
(Marlyn Monton Nullada vs. The Hon. Civil Registrar of Manila, Akira Ito, Shin
Ito, and All Persons Who Have or Claim Any Interest, G.R. No. 224548,
January 23, 2019)

What is an Apostille
Purpose of Apostille

7. Contents of the Attestation Clause

8. Irremovability of Public Record
9. Private Record of a Private Document
10. Proof of Lack of Record
11. Impeachment of Judicial Record
12. Proof of Notarial Record
 13. Alteration of Document
14. Rule on Seal
15. Documentary Evidence in an Unofficial Language

iii. OFFER AND OBJECTION

1. Offer of Evidence
2. When to Make an Offer of Evidence
3. Rules on Objection
Kinds of objection

4. Rule on Continuing Objection

5. Ruling on the Objection
6. Rule on Striking Out of Answer
7. Rule on Tender of Excluded Evidence

Case:
(Anna Marie Gumabon vs. vs. Philippine National Bank, G.R. No. 202514, July
25, 2016)

8. Harmless Error Rule

VIII. RULE 133 – WEIGHT AND SUFFICIENCY OF EVIDENCE

a. Preponderance of Evidence
Quantum of evidence in a SLAPP case

b. Proof Beyond Reasonable Doubt

c. Extrajudicial Confession
Requisites
Constitutional provision

d. Circumstantial Evidence
Requirements

Case:
People of the Philippines vs. Anthony Palada @ Ton-Ton, and Jonaly Logrosa
@ Misa, et al.; Joel Acquiatan @ Kain, G.R. No. 225640, July 30, 2019)

e. Weight on the Opinion of an Expert Witness

f. Substantial Evidence
Quantum of evidence in amparo proceedings
Quantum of evidence in habeas data

g. Clear and Convincing Evidence

h. Power of the Court to Stop Further Evidence
i. Rule on Evidence on Motion