REVIEW IN CRIMINAL EVIDENCE

Evidence –
-It is defined as the means, sanctioned by the rules of court, of
ascertaining in a judicial proceeding the truth respecting a matter of
fact.

Matter of fact –
-It refers to the issues of fact, the existence of which is determined by
the sense, or by reasoning based upon the evidence.

Rule of evidence-
-It is the mode or manner of proving the facts and circumstances upon
which a party relies to establish a fact in issue.

Fact in issue –
-It means (a) all facts which, by the form of the pleadings in any action,
are affirmed on one side, and denied on the other; or (b) if there be no
pleadings, or no issue is joined between the parties, all facts from
which the existence, non-existence, nature or extent of any right,
liability or disability asserted or denied in any such case would by law
follow.**
Distinction between factum probandum and factum probans:
1. Factum probandum refers to the proposition which is to be
established while factum probans refers to the material that will
establish the proposition.
2. Factum probandum is hypothetical that one party affirms and
the other denies which the court has not yet committed in either
direction while factum probans is conceived of as existent, and
is offered as such for the consideration of the tribunal submitted
as a reality to convince the tribunal that the former is a reality. **
Types or kinds of evidence:

1. Direct evidence
2. Indirect or circumstantial evidence
3. Cumulative evidence
4. Corroborative evidence
5. Judicial evidence
6. Extra-judicial evidence
7. Positive evidence
8. Negative evidence
9. Prima facie evidence
10.Conclusive evidence
11.Primary (Best) evidence
12.Secondary evidence **
Definition of types or kinds of evidence-

Direct evidence–
-It is that which proves the fact in dispute directly without need of any
inference or presumption. If true, it will be conclusive of the disputed
fact.**

Indirect or circumstantial evidence–

-It is that which tends to establish a fact by proving another fact. It
does not of itself conclusively establish a disputed fact, but merely
creates an inference or presumption of its existence. By showing
other facts the ultimate fact sought to be established is sustained.
Circumstantial evidence has no direct bearing on the facts in issue.**
Definition of types or kinds of evidence, continuation-

Cumulative evidence–
-It is that additional evidence of the same kind, and to the same
state of facts. Its admission is within the discretion of the trial court
except in a case where corroboration is necessary. It verifies or
repeats the direct evidence already obtained.**

Corroborative evidence–
-It is the additional evidence of a different character to the same
point. While it has no direct bearing on the facts in issue, it reflects
on other facts from which logical inferences may be drawn as to the
very facts in issue.**
Definition of types or kinds of evidence, continuation-

Judicial evidence–
-It includes all testimony given by witnesses in court, all documents
produced and read by the court, and all things personally examined
by the court for the purpose of proof.**

Extra-judicial evidence–
-Such declaration of witnesses, documents and objects that have
not yet been given or submitted to the court but includes all
evidential facts which are known to the courts only by way of
inference from some form of judicial evidence.**
Definition of types or kinds of evidence, continuation-

Positive evidence–
-It is that where the witness states that an event happened or that a
thing exists.**

Negative evidence–
-It is that where the witness states that he did not see or does not
know of the happening of the event or the existence of the thing.**
Definition of types or kinds of evidence, continuation-

Prima facie evidence–

-It is that which, standing alone, unexplained or uncontradicted, is
sufficient to establish the fact; and, if not rebutted, remains sufficient
for that purpose.**

Conclusive evidence–
-It is that which the law does not allow to be contradicted, as in the
case of a conclusive presumption. It may also refer to evidence
which is so strong as to overwhelm all other evidence to the
contrary or that which is so convincing as to amount to a
demonstration and is incontrovertible.**
Definition of types or kinds of evidence, continuation-

Primary or best evidence–

-It is that which affords the greatest certainty of the fact in question.
Example: A deed or other written instrument is primary evidence of
its contents.**

Secondary evidence–
-It is that which is inferior to a primary evidence, and which upon its
face shows that better evidence exists. Example: A copy of a
written instrument or the recollection of a witness as to its contents.**
Requirements before evidence may be admissible:

1. Evidence must be relevant to the issues of the cases; and

2. It must be competent, that is, not excluded by the rules on
evidence and the other applicable laws.

Relevant evidence-
-Evidence is relevant when it has such a relation to the fact in issue
to be established by one party or disproved by the other.

Competent evidence-
-Evidence is competent when it is not excluded by the law or any of
the rules of evidence such as when it is hearsay or because it is not
the best evidence which is within the power of a party to produce. **
Matters that need not be proved:

1. Judicial notice
2. Judicial admission

Judicial notice-
-It is defined as the cognizance of certain facts which judges may
properly take and act on without proof because they already know
them.

Judicial admissions-
-They are defined as consisting of statements made by the parties
in the course of judicial proceedings. They include admissions in
pleadings, or in the course of a trial or other proceedings. They
may be in the form of oral or written admissions.**
Matters that do not need proof because they are taken judicial
notice by the courts or that the courts are presumed to know
them already (mandatory):

1. The existence and territorial extent of states, their political

history, forms of government and symbols of nationality.
2. The laws of nations.
3. The admiralty and maritime courts of the world and their seals.
4. The political constitution and history of the Philippines.
5. The official acts of the legislative, executive and judicial
departments of the Philippines.
6. The laws of nature.
7. The measure of time.
8. The geographical divisions.**
Matters that do not need proof because they are taken judicial
notice by the courts or that the courts are presumed to know
Them already (discretionary):

1. Matters which are of public knowledge. Examples: Regional

or local dialect, occurrence of typhoons, distance between places,
public events.
2. Matters which are capable of unquestionable demonstration.
Examples: Same as in no. 1 above.
3. Matters which ought to be known to judge because of his
judicial functions. Examples: Reluctance of witnesses, records
of the case pending before the judge.**
Matters that courts should not take judicial notice of:

1. Testimony in another case

2. Unpublished circular
3. Foreign laws
4. Evidence not offered**
Matters that do not need proof because of judicial admission
by the parties-

1. Admission by the party during the giving of his testimony at the

trial of the case.
2. Admission by the party in his pleadings (complaint, answer, reply,
motions, modes of discovery with request for admission,
stipulations of facts, etc.) submitted to the court.*

Note: The legal effect when admission (either oral or in writing) is

made is that it does not require proof and cannot be contradicted by
the party who made it except when he can show that the admission
was made through palpable mistake or that no such admission was
made.**
Sources or forms of evidence:

1. Object of (Real) evidence

2. Documentary evidence
3. Testimonial evidence**
Object (Real) evidence–
-It consists of tangible things submitted for inspection which enable the
court by the direct use of its senses to perceive facts about those things
in evidence. It includes the examination of a party in a suit, physically
or mentally, and the view of the court of premises or property
concerning which a controversy exists. Examples: Bullets, knives,
jewels, etc.,**

Documentary evidence–
-It is that which is supplied by written instruments, or derived from
symbols by which ideas are represented on material substances.
Examples: Letters, will, deed, or contract.**

Testimonial evidence–
-It is the testimony given in court or the deposition by one who has
observed that to which he is testifying; or one who, though he has not
observed the facts is nevertheless qualified to give an opinion relative
to such facts.**
Rules of admissibility of object evidence-

-It may be exhibited to, examined or viewed by the court when it is

relevant to the fact in issue.**
Rules of admissibility of documentary evidence-

Classification of documents:

1. Public or official document

2. Commercial document
3. Private document

Public or official document-

-It is any document created, executed or issued by a public official in
response to exigencies of the public serviced, or executed with the
intervention of a public official, or instrument authorized by a notary
public or a competent public official with the solemnities required by
law.

Examples of public or commercial documento: Receipt issued by

the BIR; Burial permit issued by Iloilo City Health Office.**
Rules of admissibility of documentary evidence, continuation-

What constitutes original document:

1. The original of a document is one the contents of which are the

subject of inquiry;
2. 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.
3. When an entry is repeated in the regular course of business, one
being copied from another at or near the time of the transaction, all
the entries are likewise equally regarded as originals.

Note: A duplicate original - is a signed carbon copy or duplicate of

A document executed at the same time with the original and may be
introduced in evidence without accounting for the non production of
the original.**
Rules of admissibility of documentary evidence, continuation-

Commercial document –
-is any document defined and regulated by the Code of Commerce or
any other commercial laws.

Examples of commercial document: (1) Letter of exchange, letter

of credit, drafts, trade acceptance, checks, notes or pagares issued in
the course of a business transaction, quedans, bonds, books of
accounted, and in general, any negotiable instrument; (2) The surety
account is just as much a commercial document as journal book,
ledgers, etc.; (3) Cash disbursement vouchers or receipts evidencing
payment to borrowers of the loans are not negotiable instruments nor
are they defined and regulated by the Code of Commerce and as such
are private documents.**
Rules of admissibility of documentary evidence, continuation-

Private document –
-It is any deed or instrument executed by a private person without
the intervention of a notary public or other person legally authorized,
by which document some disposition or agreement is proved,
evidenced or set forth. A private document may be considered as a
public document when it becomes part of an official record and is
certified by a public officer duly authorized by law.

Example of private document: theater ticket.**

Rules of admissibility of documentary evidence, continuation-

Rules to remember in documentary evidence:

1. Best evidence rule

2. Secondary evidence
3. Parol evidence rule**
Rules of admissibility of documentary evidence, continuation-

Best evidence rule-

-It means that no evidence shall be received which is merely
substitutionary in its nature, so long as the original evidence can be
had.

Exceptions to best evidence rule (meaning when evidence other

than the original document may be presented):
1. When the original has been lost or destroyed but the loss or the
destruction is not attributable to the party presenting it;
2. When the original is in the possession of the adverse party
when the original is a record in the custody of a public officer- its
contents may be proved by a copy certified by the custodian
thereof;
4. When the original is recorded in existing public record- its contents
may be proved by a copy certified by the custodian thereof;
5. When the original consists of voluminous accounts or documents.**
Rules of admissibility of documentary evidence, continuation-.

Secondary evidence-
-It is evidence of the contents of the document other than the
original.

Requisites for presentation of secondary evidence:

1. The original document existed and has been duly executed.
2. It has been lost, destroyed or cannot be produced in court.
3. It is unavailable without bad faith on the part of the offeror.
4. If there are several original copies, all must be accounted for.

Types of secondary evidence which may be presented in

evidence in lieu of the original (in order of preference):
1. A copy of the original such as a photocopy or certified true copy.
2. A recital of its contents in another authentic documento.
3. The testimony of witnesses.**
Rules of admissibility of documentary evidence, continuation-.

Parol evidence rule-

-It means that when an agreement is in writing, it is presumed that
all the terms and conditions agreed upon are written down in the
said agreement and therefore either party or their successor in
interest is not allowed to present evidence that would modify,
explain or add to the terms of the written agreement.

Exceptions (meaning when the contents of a document may be

altered, changed or amended):
1. Where there is a mutual mistake or imperfection in the written
agreement.
2. Where the writings fail to express the true intent and agreement
of the parties.
3. Where the validity of the agreement is put in issue by the
pleadings- it may be shown by parol evidence that a contract
was in fact made for an illegal consideration or was otherwise
illegal in its inception.
4. When there is an intrinsic ambiguity in the writing.**
Rules of admissibility of documentary evidence, continuation-

Distinctions between parol evidence rule and best evidence

rule:

1. The parol evidence rule precludes or prohibits varying the terms of

a writing, while the best evidence rule prohibits the introduction of
inferior evidence where better evidence is available.
2. The parol evidence rule is a rule of substantive law (materiality)
rather than evidence, while the best evidence rule goes into the
form in which evidence of a document is introduced to the court.
3. Where a copy of a document is offered to prove the terms of a
writing the parol evidence rule can not be invoked, while best
evidence rule applies to all kinds of writings.**
Rules of admissibility of testimonial evidence-

Testimonial evidence–
-It is the testimony given in court or the deposition by one who has
observed that to which he is testifying; or one who, though he has
not observed the facts is nevertheless qualified to give an opinion
relative to such facts.

A witness–
-He is a person whose statements and declaration under oath are
made on an oral examination, or by deposition or affidavit.**
Rules of admissibility of testimonial evidence, continuation-

General qualification of a witness-

-All persons who, having organs of sense, (1) can perceive, and by
perceiving, (2) can make known their perception to others, may be
witnesses. Neither parties nor other persons interested in the case
shall be excluded nor those who have been convicted of crime; nor any
person on account of his opinion on matters of religious belief.*

Note: Qualification of witnesses must exist at the time of utterance of

the testimony, because it is at that time that they are needed.**
Rules of admissibility of testimonial evidence, continuation-

Competency of a witness to testify-

-The word competency is not the same as credibility and
sufficiency. Competency deals entirely with legal capacity, for the
testimony of a witness may be unworthy of the belief and standing
and is insufficient and yet receivable, if the witness has legal
capacity to testify.

Therefore, the test of a witness’ competency are:

1. capacity to perceive
2. capacity to make known his perception to others.**
Rules of admissibility of testimonial evidence, continuation-

Grounds for disqualifications of witnesses to testify:

1. Disqualification by reason of mental and physical incapacity.

2. Disqualification by reason of interest or relationship such as:
(a) Dead man statute or survivorship disqualification;
(b) Marital disqualification.
(c) Parental and filial privilege disqualification.
3. Disqualification by reason of privileged communication such as:
(a) Husband and wife privileged communication.
(b) Attorney and client privileged communication.
(c) Physician and patient privileged communication.
(d) Minister/priest and penitent privileged communication.
(e) Privileged communication given to publisher/editor.
(f) Privileged communications made to public officers in official
confidence the disclosure of which would prejudice public
interest.**
Rules of admissibility of testimonial evidence, continuation-

Mental disqualification–
-Those who are found of unsound mind at the time of their production
as witnesses are disqualified to become witnesses.

Physical disqualification-
-Children who appear to the court to be of such tender age and inferior
capacity as to be incapable of receiving correct impressions of the
facts respecting which they are examined. The intelligence, not the
age of the young child, should be the test of his competency as a
witness.**
Rules of admissibility of testimonial evidence, continuation-

Marital disqualification-
-During their marriage a husband cannot be examined for or against
his wife without her consent; nor a wife for or against her husband
without his consent, except: (1) In a civil case filed by the husband
against his wife or vice-versa, or (2) In a criminal case for a crime
committed by one against the other or against his or her direct
descendants or ascendants.

Requisites of marital disqualification:

1. The spouse must be legally married.
2. Either spouse must be a party to the case.
3. The case is not one against the other.**
Rules of admissibility of testimonial evidence, continuation-

Parental and Filial privilege disqualification-

-No person may be compelled to testify against his parents, other
direct ascendants, children or other direct descendants.

Three important aspects which must be taken into consideration

in connection with the parental and filial privilege:

1. The descendant has the choice whether or not to testify against his
parents or ascendants.
2. The privilege of the descendant not to be compelled to testify
against his ascendants can be invoked only in a criminal case but
not in a civil case
3. The parents or ascendants can be compelled to testify for or
against their descendants.**
Rules of admissibility of testimonial evidence, continuation-

Disqualifications by reason of privileged communications:

Husband and wife privileged communication-

-The husband or wife during the marriage or afterwards, cannot be
examined without the consent of the other as to any communication
received in confidence by one from the other during the marriage,
except in a civil case by one against the other or the latter’s direct
descendants or ascendants.
Rules of admissibility of testimonial evidence, continuation-

Distinctions between privileged marital communication and marital

disqualification:
1. In the privileged marital communication, the privilege is applicable
whether they are parties or not in a case; whereas in the marital
disqualification, it is applicable only when one or both spouses are
parties.
2. In the privileged marital communication, privilege applies to
testimony on confidential communications only; whereas in the
marital disqualification, it applies to testimony in any fact.
3. In the privileged marital communication, privilege remains even
after
death of spouses; whereas in the marital disqualification, it ceases
after dissolution of marriage.
4. In the privileged marital communication, privilege exists whether
case is criminal or civil; whereas in the marital disqualification, it
does not apply in a civil cases.**
Rules of admissibility of testimonial evidence, continuation-

Attorney and client privileged communication-

-An attorney cannot, without the consent of his client, be examined as
to any communication made by the client to him, or his advice given
thereon in the course of professional employment nor can an
attorney’s secretary, stenographer, or clerk be examined, without
the consent of the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity.**
Rules of admissibility of testimonial evidence, continuation-

Physician and patient privileged communication-

-A person authorized to practice medicine, surgery or obstetrics
cannot, in civil cases, without the consent of the patient, be examined
as to any information which they may have acquired in attending
such patient in a professional capacity, which information was
necessary to enable him to act in that capacity and which would
blacken the character of the patient.

Minister or priest and penitent privileged communication-*

-A minister or priest cannot, without the consent of the person
making the confession, be examined as to any confession made to
him in his professional capacity in the course of discipline enjoined by
the church to which he belongs.**
Rules of admissibility of testimonial evidence, continuation-

Privileged communication given to publisher/editor-

-The publisher, editor or duly accredited reporter of any newspaper,
magazine or periodical of general circulation can not be compelled to
reveal the source of any news report or information appearing in said
publication which was related in confidence to such publisher, editor
or reporter, unless the court or a House or Committee of Congress
finds that such revelation is demanded by the interest of the State,
(now security of the State).**

Privileged communication made to public officer-

-A public officer cannot be examined during his term of office or
afterwards as to communications made to him in official confidence,
when the court finds that the public interest would suffer by the
disclosure.**
Rules of admissibility of testimonial evidence, continuation

Admission-
-It is any statement of fact made by a party against his
interest or unfavorable to the conclusion for which he contends or is
Inconsistent with the facts alleged by him.

Classification of admission:

1. Judicial, or those made on the record, or in connection with the

judicial proceeding in which it is offered.
2. Extra-judicial, or those made elsewhere, irrespective of time,
place, or to whom made.**

Rules on admissibility admission:

-Admission is admissible in evidence if it relates to a relevant fact and
must be offered in evidence against the party making it.**
Rules of admissibility of testimonial evidence, continuation-

Compromise-
-It is a contract whereby the parties, by making reciprocal
concessions, avoid a litigation or put an end to one already
commenced.

Offer to compromise-
-It means an offer made by the accused to the offended party or
prosecution under some consideration or condition with the end in
view of avoiding litigation or putting an end to one already
commenced.

Rules on admissibility of offer to compromise:

-In criminal cases, it may be received in evidence against the
accused as an implied admission of guilt. It is allowed in civil
cases.**
Rules of admissibility of testimonial evidence, continuation-

Plea of guilty to a lesser offense-

-Plea of guilty to a lesser offense is one, with the consent of the
offended party and the public prosecutor, made by the accused
before the court pleading guilty to the offense one degree lower
than that which is charged against him.

Rules on admissibility of plea of guilty to a lesser offense:

-It is not admissible in evidence against the accused who made the
plea or offer in case such is not admitted.

Effect of an offer to pay or the payment of medical, hospital or

other expenses occasioned by an injury:
-It is not admissible in evidence as proof of civil or criminal liability
for the injury except if the offer is upon the condition that the
offended party shall desist from or withdraw criminal action already
commenced and in which case it may be received in evidence
against the accused as an implied admission of guilt.**
Some rules to remember in testimonial evidence:

1. Res inter alios acta rule (admission by third party).

2. Hearsay rule.
3. Opinion rule.
4. Character evidence rule.**
Some rules to remember in testimonial evidence, continuation-

“Res inter alios acta” rule (Admission by third party)–

-It is a rule which means that the rights of a party cannot be
prejudiced by an act, admission, declaration, or omission of another.

Exceptions to “res inter alios acta” rule:

1. Admission by co-partner.
2. Admission by agent.
3. Admission by joint owner or debtor or one jointly interested.
4. Admission by conspirator.
5. Admission by privies.**
Some rules to remember in testimonial evidence, continuation-

Requirements before admission by the partner may be

admissible against his co-partner or agent:

1. That the partnership or agency be established by evidence other

than the act or declaration sought to be introduced.
2. That the act or declaration be within the scope of the partnership
or agency.
3. That the partnership or agency be in existence at the time of the
act or declaration.

Note: The reason for the rule why admission by the party is
admissible against his co-partner or agent is because they are
identified in interest and that each is agent for the other.**
Some rules to remember in testimonial evidence, continuation-

Requirements before admission by conspirator may be given in

evidence against his co-conspirator:

1. The conspiracy is properly established by independent evidence.

2. The admission is made during the course of the conspiracy.
3. The admission relates to some matter involved in the conspiracy
itself.

Note: This rule applies only to extrajudicial acts or declaration. It

does not apply to testimony given on the witness stand where the
Defendant has the opportunity to cross examine the declarant.**
Some rules to remember in testimonial evidence, continuation-

Admission by silence–
-It is a presumed fact that may be taken against a party if he does not
nor says nothing upon an act or declaration made by another in his
presence and within his hearing or observation.

Rules on admissibility of admission by silence:

-Silence of a party may be taken as his admission provided the following
conditions are present:
1. The silent person hears and understands the utterance.
2. The truth of the facts embraced in such utterance is within
the knowledge of the silent person.
3. The silent person has an opportunity to act and speak freely to such
utterance.
4. The statement is made under circumstances and by such person as
naturally to call for a reply.**
Some rules in testimonial evidence, continuation-

Confession-
-It is a categorical acknowledgment of guilt made by an
accused in a criminal case, without any exculpatory statement or
explanation and may be given in evidence against him.

Classes of confession:

1. Judicial confession– It is defined as a confession made before a

committing magistrate or in a court in the due course of legal
proceedings. It is a plea of guilty made before a committing
magistrate or in open court to an indictment or information when
the accused is arraigned for trial.

2. Extra-judicial confession– It is one made elsewhere than before

a magistrate or in court.
Some rules to remember in testimonial evidence, continuation-

Rules on admissibility of confession:

-It is admissible in evidence against the confessant provided the
following requisites are present:
1. The confession must in the first place be made by the defendant in
the case and the admission of a third person is not available to the
defendant as a confession of the former.
2. It must be incriminating to the extent of admitting liability. It is not
enough that it admits the overt act and at the same time sets up a
justification.
3. The confession must be sufficiently certain to identify the crime and
the criminal but need not in terms state the time and place to which
it refers.
4. The confession must be complete in itself and the entire statement
must be put in evidence in justice to the defendant as well as to the
government.
5. The statement must be voluntary. This means that the statement
must be free and uninfluenced by inducement, threat or under
influence.**
Some rules to remember in testimonial evidence, continuation-

Distinctions between admission and confession:

1. Admission is a statement of fact which does not involve an

acknowledgment of guilt or liability as in the case of confession.
2. An admission may be express or tacit while a confession must be
express.
3. Admission may be made by third person and in certain cases, are
admissible against a party while confession can be made only by
the party himself and, in some instances, are admissible against
his co-accused.**
Some rules to remember in testimonial evidence, continuation-

Hearsay rule–
-It is a rule requiring a witness to testify only on those facts which he
knows of his personal knowledge, that is, which are derived from his
own perception.

Hearsay evidence-
-It has been defined as evidence which derives its value, not solely
from the credit to be given to the witness upon the stand, but in part
from the veracity and competency of some other persons.

Rules on admissibility of hearsay evidence:

-It is not generally admissible.

Note: The reason for the exclusion of hearsay evidence is that it is

designed to preserve the right of parties to cross-examine the
original witness or person claiming to have knowledge of the
transaction or occurrence.**
Some rules to remember in testimonial evidence, continuation-

Exceptions to the hearsay rule or instances when hearsay

evidence may be admissible:

1. Dying declaration.
2. Declaration against interest.
3. Statements about matters of public or general interest, or common
reputation.
4. Statements as part of the res gestae.
5. Entries in the course of business or in the performance of duty.
6. Official written statements.
7. Books and maps.
8. Testimony at a former trial or proceeding.**
Some rules to remember in testimonial evidence, continuation-

Dying declaration (ante mortem statement)-

-It is the testimony of a witness referring to the dying declaration made
by the victim of a homicide as to material facts concerning the cause
and circumstances of the killing.

Rules on admissibility of dying declaration:

-It is admissible in evidence as exception to hearsay rule provided the
following conditions are present:
1. That death be imminent and that declarant be conscious of that fact.
2. That the declaration relates to the facts or circumstances pertaining
to the fatal injury or death.
3. That the subject matter be such competent to testify to, and that,
therefore, the declaration must relate to facts only, and not to the
declarant’s opinion or conclusion.
4. That the declaration be offered in a criminal case where the
declarant’s death is the subject of inquiry.**
Some rules to remember in testimonial evidence, continuation-

Declaration against interest-

-It is the testimony of a witness referring to the statement or declaration
made by a deceased person, or unable to testify, which is contrary or
against the declarant’s own interest.

Rules on admissibility of declaration against interest:

-It is admissible in evidence as exception to hearsay rule provided the
following conditions are present:
1. The declarant is dead or unable to testify.
2. The declaration relates to a fact against the interest of the declarant.
3. At the time he made the declaration the declarant was aware that the
same was contrary to his aforesaid interest.
4. The declarant had no motive to falsify and believed such declaration
to be true.**
Some rules to remember in testimonial evidence, continuation-

Statement as part of res gestae-

-It is the testimony of a witness referring to a statement made by a
person while a startling occurrence is taking place or immediately
prior or subsequent thereto with respect to the circumstances thereof.

Types of statement as part of res gestae:

1. Spontaneous exclamation- refers to a statement caused by the
stress and excitement of some startling external event.
2. Statements accompanying an equivocal act or verbal act-
refers to a statement or declaration which accompanies an act and
tends to explain or describes the meaning, character or nature of
the act.
Some rules to remember in testimonial evidence, continuation-

Rules on the admissibility of spontaneous exclamation-

-It is admissible in evidence provided the following requisites are
present:
1. The principal fact or res gestae is a startling occurrence.
2. The statements were made by the declarant, immediately before,
during or immediately after the startling occurrence.
3. The statements were made before the declarant had time to contrive
or devise a falsehood.
4. The statements refer to the occurrence in question or to its
immediate attending circumstances.

Illustrations of spontaneous exclamation:

-The victim’s statement immediately after receiving the wounds naming
the accused as the author of the aggression is legal evidence as part
of res gestae.
-The statement of the wounded victim made in the course of the
incident, when he was taken by his captors after which he was last
heard of until his body was found, forms part of the res gestae.
Some rules to remember in testimonial evidence, continuation-

Rules on admissibility of verbal act-

-It is admissible in evidence provided the following requisites are
present:
1. The statement must accompany an act, that is, contemporaneous
with the conduct.
2. The act is material to the issue.
3. The act is dumb, ambiguous or equivocal.
4. The statement explains or gives a legal meaning to the act.

Illustration of verbal acts:

-Statements made by a party at the time of killing accompanied by the
movement of his right thumb crossing his front neck.**
Some rules to remember in testimonial evidence, continuation-

Distinctions between dying declaration and res gestae:

1. In dying declaration, a sense of impending death takes the place

of an oath, and the law regards the declarant as testifying, while in
res gestae, it is the event itself which speaks.
2. Dying declarations are confined to matters occurring after the
homicidal act, while res gestae may precede, or accompany, or
follow, as events occurring as part of the principal act.**
Some rules to remember in testimonial evidence, continuation-

Testimony or deposition at a former proceeding as exception to

hearsay rule:
-The testimony or deposition of a witness deceased or unable to
testify, given in a former case or proceeding involving the same
parties and subject matter, may be given in evidence against the
adverse party who had the opportunity to cross-examine him.

Rules on admissibility of testimony at a former proceeding-

-It is admissible in evidence provided the following requisites are
present:
1. The testimony was rendered in a former criminal case between
the same parties relating to the same matter.
2. The witness is dead, out to the Philippines or unable to testify in
the subsequent trial.
3. The adverse party had an opportunity to cross-examine the
witness.**
Some rules to remember in testimonial evidence, continuation-

Opinion-
-In the law of evidence, it is an inference or conclusion drawn by a
witness from facts, some of which are known to him and others
assumed, or drawn from facts.

Opinion evidence-
-It means the testimony of a witness, given or offered in the trial of an
action that the witness is of the opinion that some fact pertinent to the
case exists or does not exist, offered as proof of the existence or non-
existence of the fact.

Examples of opinion of a witness:

-Statement by non-experts that certain apparatus is defective.

-Statement of a witness that accident was caused by the negligence of
the defendant.
Some rules to remember in testimonial evidence, continuation-

Rules on admissibility of opinion evidence-

-It is not generally admissible in evidence, except:
1. Opinion of an expert witness regarding a question of science, art
or trade when he is skilled therein.
2. Opinion of an ordinary witness regarding the identity or
handwriting of a person, when he has knowledge of the person
or handwriting.
3. Opinion of an intimate acquaintance respecting the mental sanity
of a person, the reason for the opinion being given.**
Some rules to remember in testimonial evidence, continuation-

Requisites for admissibility of opinion of expert witness as

exception to opinion rule:

1. That the subject under examination must be one where the court
needs the aid of knowledge or experience which can not be
obtained from ordinary witnesses.
2. That the witness called as an expert must possess the knowledge,
skill or experience needed to inform the court in the particular case
under consideration.

Note: It is not enough that the witness belongs to the profession or

calling to which the subject matter of the inquiry relates; he must be
qualified by further showing that he possesses special knowledge as
to the very question on which he proposes to express an opinion.**
Some rules to remember in testimonial evidence, continuation-

Three factors in qualifying a person as an expert witness:

1. Training and education.

2. First hand familiarity with the facts of the present cases.
3. Presentation of the authorities or standards on which his opinion
are based.**
Some rules to remember in testimonial evidence, continuation-

Character-
-It is defined as that combination of properties, qualities or
peculiarities which distinguishes one person from others.

Character evidence–
-It refers to evidence concerning the combination of properties,
qualities or peculiarities which distinguishes one person from others.

Rules on admissibility of character evidence-

-It is not generally admissible in evidence, Except:
1. The accused may prove his good moral character which is
pertinent to the moral trait involved in the offense charged.
2. Unless in rebuttal, the prosecution may not prove his bad moral
character which is pertinent to the moral trait involved in the
offense charged.
3. The good or bad moral character of the offended party may be
proved if it tends to establish in any reasonable degree the
probability or improbability of the offense charged.**
Rules on burden of proof or onus probandi–

Burden of proof or onus probandi-

-It is the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of evidence
required by law.
-In criminal prosecution, burden of proof always lies with the
prosecution.**

Burden of evidence–
-It is defined as that logical necessity which rests on a party at any
particular time during a trial to create a prima facie case in his own
favor, or to overthrow one when created against him.
-Unlike burden of proof which always lies with the prosecution, burden
of evidence shifts from one party to the other. In other words, where
the defendant in a criminal prosecution relies upon a distinct
substantive matter to exempt him form punishment such as self-
defense and absolve him from liability, he has the burden of proving
the same.**
Rules on burden of proof, continuation-

Distinctions between burden of proof and burden of evidence:

1. The burden of proof does not shift; once imposed, it remains.

The burden of evidence may shit to any extent, alternating
between the parties as the exigencies of the trial requires.
2. The burden of proof is fixed by the pleadings. The burden of
evidence has little if any connection with them.
3. The burden of proof is a forensic necessity. The burden of
evidence is a logical necessity decided by the use of reason.**
Rules on presumption–

Presumption-
-It is defined as an inference or a deduction which the law directs to be
made from particular facts. It is an inference which common sense,
enlightened by human knowledge and experience, draws from the
connection, relation, and coincidence of facts and circumstances with
each other.

Kinds of presumption:

1. Conclusive presumption
2. Disputable presumption
Rules on presumption, continuation-

Conclusive presumption-
-It is an inference which the law makes so peremptory that it will not
allow such inference to be overturned by any contrary proof
however strong.

Disputable presumption-
-It is that which may be disputed, opposed, refused or
rebutted. It stands unless rebutted by evidence.**
Rules on presumption, continuation-

Instances of conclusive presumptions:

1. Estoppel in pais
2. Estoppel against tenant

Estoppel in pais–
-Wherever a party has, by his own declaration, act, or omission,
intentionally and deliberately led another to believe a particular thing
true, and to act upon such belief, he can not, in any litigation arising out
of such declaration, act or omission, be permitted to falsify it.
Illustration: Estoppel to deny authority of agent. Estoppel to deny
ownership of property.

2. Estoppel against tenant–

-The tenant is not permitted to deny the title of his landlord at the time of
the commencement of the relation of landlord and tenant between them.
Illustration: Contract of lease between lessor and the lessee, the latter
cannot deny title of the former.**
Rules on presumption, continuation-

Some cases of disputable presumptions:

1. That a person is innocent of crime or wrong.

2. That an unlawful act was done with an unlawful intent.
3. That a person intends the ordinary consequences of his voluntary
act.
4. That evidence willfully suppressed would be adverse if produced.
5. That a person found in possession of a thing taken in the doing of a
recent wrongful act is the taker and the doer of the whole act.
otherwise, that things which a person possesses, or exercises acts
of ownership over, are owned by him.
6. That a person acting in a public office was regularly appointed or
elected to it.
7. That official duty has been regularly performed.
8. That a court, or judge acting as such, whether in the Philippines or
elsewhere, was acting in the lawful exercise of jurisdiction.**
Rules on presumption, continuation-

Disputable presumption of innocence–

-To overthrow the presumption of innocence, the prosecution must
establish the accused’s guilt by proof beyond reasonable doubt or
that degree of proof which produce conviction in an unprejudiced
mind.**

Disputable presumption of willful suppression of evidence–

-It is a presumption to the effect that evidence deliberately
suppressed would be adverse if presented does not apply if the
evidence claimed to be presented is merely corroborative or is
available to the other party.**
Rules on presumption, continuation-

Disputable presumption of regular performance of duty–

-It is a presumption accorded to public officers that in the
performance of their duties they have performed it regularly in the
absence of proof to the contrary but it cannot prevail over the
constitutional presumption of innocence of the accused.**

Disputable presumption of stolen thing found in one’s

possession-
-Whoever is found in possession of stolen thing is the doer of a
wrongful act or taker of the stolen property.**
Rules in presumption, continuation-

Requisites of the rule on presumption of stolen thing found in

one’s possession:

1. The crime was committed.

2. It was committed recently.
3. The stolen property was found in the possession of the
defendant.
4. The defendant is unable to explain his possession
satisfactorily.**
Rules on presentation of evidence-

Stages of presentation of evidence:

1. Examination of witnesses
2. Proof and authentication of documents
3. Offer of and objection to evidence
Rules on presentation of evidence, continuation-

Examination of witnesses–
-It is the act of propounding questions to the witness presented in a
trial or hearing in open court, and under oath or affirmation. Unless
the witness is incapacitated to speak, or the question calls for a
different mode of answer, the answer of the witness shall be given
orally. Questions calling for conclusions of a witness or for
conclusions of law should not be put. Statements which are not in
interrogative form, and which embody propositions of law, should not
be made to witnesses.**
Rules on presentation of evidence, continuation-

Rights and obligations of a witness:

1. To be protected from irrelevant, improper, or insulting questions

and from harsh or insulting demeanor.
2. Not to be detained longer than the interests of justice require.
3. Not to be examined except only as to matters pertinent to the
issue.
4. Not to give an answer which will tend to subject him to penalty for
an offense unless otherwise provided by law.
5. Not to give an answer which will degrade his reputation, unless it
be to the very fact at issue or to a fact from which the fact in issue
would be presumed. But a witness must answer to the fact of his
previous final conviction for an offense.**
Rules on presentation of evidence, continuation-

Order in the examination of a witness:

1. Direct examination by the proponent.

2. Cross examination by the opponent.
3. Re-direct examination by the proponent.
4. Re-cross examination by the opponent.**
Rules on presentation of evidence, continuation-

Direct examination by the proponent-

-It is the examination-in-chief of a witness by the party presenting him
on the facts relevant to the issue.

Cross examination by the opponent-

-It is the examination of a witness by the adverse party after the
termination of his direct examination, as to any matters stated in the
direct examination, or connected therewith, with sufficient fullness and
freedom to test his accuracy and truthfulness and freedom from
interest or bias, or the reverse, and to elicit all important facts bearing
upon the issue.**
Rules on presentation of evidence, continuation-

Re-direct examination by the proponent-

-It is the examination of a witness by the party calling him after the
conclusion of his cross-examination, to explain or supplement his
answers given during the cross-examination, and questions on matters
not dealt with during the cross examination, may be allowed by the
court in its discretion.

Re-cross examination by the opponent-

-It is the examination of a witness by the adverse party after the
conclusion of the re-direct examination, on matters stated in his re
direct examination, and also on such other matters as may be allowed
by the court in its discretion.**
Rules in presentation of evidence, continuation-

Leading questions-
-They are those that suggest to the witness the answer which the
examining party desires.

Rules on admissibility of leading question-

-Leading question is not allowed during direct examination, Except:
1. When the questions relate to preliminary matters.
2. When there is difficulty in getting direct and intelligible answers
from the witness who ignorant, or a child of tender years, or is a
feeble minded or deaf mute.
3. When the witness is unwilling or hostile, or when the witness is
an adverse party or an officer, director, or managing agent of a
public or private corporation or of a partnership or association
which is an adverse party.**
Rules on presentation of evidence, continuation-

Misleading or without basis question-

-It is one which assumes as true a fact not yet testified to by the
witness, or contrary to that which he has previously stated.

Rules on admissibility of misleading question-

-It is not allowed during direct and cross examinations.**

The distinction between leading and misleading or without

basis question-
-Leading question is generally not allowed in direct examination but
there are exceptions; while misleading question is absolutely not
allowed.**
Rules on presentation of evidence, continuation-

Impeachment in the rules of evidence-

-It is a method the purpose of which is generally to destroy the
credibility of a witness.

Ways of impeaching a witness of the adverse party:

1. By contradictory evidence.
2. By evidence that his general reputation for truth, honesty or
integrity is bad.
3. By evidence that he has made at another time statement
inconsistent with his present testimony.
4. By evidence of his conviction of a crime, particularly when the
same involves moral turpitude.**
Rules on presentation of evidence, continuation-

Instances when own witness may be impeached:

1. In the case of hostile witness.
2. Where the witness is the adverse party or the representative of
a judicial person which is the adverse party.
3. Where the witness is not voluntarily offered but is required by
law to be presented by the proponent.**
Rules on presentation of evidence, continuation-

Rules on the authentication and proof of documents:

1. Public or official documents are proved by the production of the
books or records themselves or by a copy certified by the legal
keeper thereof.
2. Private or commercial documents are proved by proving first its
due execution and authenticity by: (1) by testimony of anyone
who saw the writing executed; (2) by evidence of the
genuineness of the handwriting of the maker.

Handwriting of a person- is proved by any witness who believes it

to be the handwriting of such person because (a) he has seen the
person write; or (b) he has seen the writing purporting to be his upon
which the witness has acted or been charged.**
Rules on presentation of evidence, continuation-

Offer-
-Any evidence which a party desires to submit for consideration of
the court must be formally offered, specifying the purpose for which it
was offered. Only those which were formally offered shall be
considered by the court in the resolution of the case.

Rules on offer and objection of evidence-

-Any evidence which a party desires to submit for consideration of the
court must be formally offered, specifying the purpose for which it
was offered. Only those which were formally offered shall be
considered by the court in the resolution of the case.**
Rules on presentation of evidence, continuat1ion-

Time of making of offer of evidence:

1. For testimonial evidence, it is made at the time the witness is called

to testify.
2. For documentary and object evidence, it is made after a party’s
testimonial evidence. The offer may be done orally but more often,
the offer is done in writing.**

Time of making objection to offer of evidence:

1. For testimonial evidence, it must be made immediately at the time

the witness is called to testify and as soon as the grounds therefor
become reasonably apparent.
2. For documentary evidence and other exhibits, it must be made
within 3 days after notice of the offer in writing unless a different
period is allowed by the court.**
The ruling by the court upon objection to offer-
-It must be made by the court immediately after the objection is
made, unless reasonable time is desired by the court to inform itself
on the question presented.**
Rules on weight and sufficiency of evidence-

Weight of evidence –
-It is the probative value or credit given by the court in particular
Evidence admitted to prove a fact in issue.

Weight or quantum of evidence required in the case:

1. In civil cases, the weight required is Preponderance of evidence.

2. In criminal cases, the weight required is Proof beyond
reasonable doubt.
3. In administrative cases, the weight required is Substantial
evidence.
Weight and sufficiency of evidence, continuation-

Preponderance of evidence-
-It is that degree of proof below “proof beyond reasonable doubt”
which, when taken in its entirety as adduced by one party is superior
to that of the other. This is required in civil cases.**

Proof beyond reasonable doubt-

-It is that degree of proof which produces in the mind of an
unprejudiced person, that moral conviction that the accused did
commit the offense charged. This is required in criminal cases.**

Substantial evidence–
-It is that amount of relevant evidence which a reasonable mind might
Accept as adequate to justify a conclusion. This is required in
administrative cases. **
Weight and sufficiency of evidence, continuation-

“Corpus delicti”-
-”Corpus delicti is the body or substance of the crime; but, as
applied to a particular offense, it means the actual commission by
someone of the particular crime charged.

Elements of corpus delicti:

1. That a certain result has been produced. E.g. a man died;

2. Some person is criminally responsible for the act; and
3. The accused need not necessarily be the doer of the act. **
Weight and sufficiency of evidence, continuation-

Circumstantial evidence-
-Circumstantial evidence is an evidence which, without going directly
to prove the existence of a fact, gives rise to a logical inference that
such fact does exist.

Sufficiency of circumstantial evidence to convict:

1. There is more than one circumstance;

2. The facts from which the inferences are derived must be proved;
3. The combination of all the circumstances is such as to produce
4. Conviction beyond reasonable doubt. **
Perpetuation of testimony-
-The purpose is to perpetuate the testimony of witnesses for
probable use in a future case or in the event of further proceedings
in the same case. **
THANK YOU AND GOOD DAY!!!