VI.

OBJECT EVIDENCE

A. What is an object evidence?

An Object Evidence is an evidence that are addressed to the senses of the court. (Section 1,
Rule 130, ROC)

B. What is a demonstrative evidence?

Demonstrative evidence is an evidence which represents the actual or physical object, or event
in the case of pictures or videos being offered to support or draw an inference or to aid in
comprehending the verbal testimony of a witness. (People V. Herofil Olarte Y Namuag, Gr
No. 233209, March 11, 2019)

C. Differentiate object (actual) evidence from demonstrative evidence.

Actual, physical or "autoptic" evidence is one which has a direct relation or part in the fact or
incident sought to be proven and those brought to the court for personal examination by the
presiding magistrate, while demonstrative evidence is one which represents the actual or
physical object, or event in the case of pictures or videos, being offered to support or draw an
inference or to aid in comprehending the verbal testimony of a witness. (People V. Herofil
Olarte Y Namuag, Gr No. 233209, March 11, 2019)

D. Why is object evidence also called real evidence?

Object evidence is also called real evidence because it is the real thing itself which consists of
tangible things like gun, a broken glass, a piece of bloody clothing or the defective ladder that
caused the fall of the plaintiff.

E. Why is it also known as autoptic evidence?

It is also known as Autoptic Evidence because it is autoptic in character, or as furnishing the

vehicles of perception by the tribunal through its personal observation, as contrasted with the
vehicle of descriptive, narrative or analytical testimony from the lips of witnesses. (Reference:
Jones on Evidence)

F. What is autoptic proference?

It is an evidence offered before the jury as evidence to be seen through the jury’s own eyes.
(Johnson v. State, 139 Tex. Cr. R. 279. 139 S.W. 2d 579, 581. / Black’s Law Dictionary 6th
ed. P. 134)

G. What are the requisites so that an object evidence may be admitted in evidence?

The following are the requisites for the admissibility of Object Evidence:

1. The object must be relevant and competent. (Section 3, Rule 128);

2. It must pass the authentication test;

NOTE: To authenticate the object, it must be shown that the object is the very thing that is
either the subject matter of the lawsuit or the very one involved to prove an issue in the case.

3. The authentication must be made by a competent witness; and

NOTE: The authentication of the object by a competent witness is to comply with the
elements of competence as an essential ingredient of admissibility.

4. The object must be formally offered in evidence.

NOTE: An object evidence when offered in accordance with the requisites for its admissibility
becomes evidence of the highest order and speaks more eloquently than witnesses put
together.

H. What is the doctrine of Chain of Custody?

The Doctrine of Chain of Custody provides that it is the duly recorded authorized movements
and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or
laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the
forensic laboratory to safekeeping to presentation in court for destruction. Such record of
movements and custody of seized item shall include the identity and signature of the person
who held temporary custody of the seized item, the date and time when such transfer of
custody were made in the course of safekeeping and use in court as evidence, and the final
disposition. (People of the Philippines v. Teng Moner y Adam G.R. No.202206)

I. What are the links in the chain of custody of drugs.

The following are the links in the chain of custody of drugs:

a. The seizure and marking, if practicable, of the illegal drug recovered from the accused by
the apprehending officer;

b. The turnover of the illegal drug seized by the apprehending officer to the investigating
officer;

c. The turnover by the investigating officer of the illegal drug to the forensic chemist for
laboratory examination; and

d. The turnover and submission of the marked illegal drug seized from the forensic chemist
to the court. (People of the Philippines v. Clover Villarta G.R. No. 217887 March 14, 2018)

J. When may a documentary evidence be presented as an object evidence?

A documentary evidence can be presented as an object evidence when it is not offered to

prove its contents, but it is offered to show that it exists or simply to establish its condition.

K. Give five limitations to the presentation of object evidence.

The limitations to the presentation of object evidence are:

1. The admission must not cause undue prejudice to the court, such as those intended;

2. The admission is subject to the demands of decency and propriety, unless the admission is
extremely necessary;
a. Exhibition of the private parts in sex cases;
b. Presentation of the corpse or body parts;
c. Re-enactment of violent or offensive acts;

*child, private part, court provides dolls then point which part

3. Exclusion of objects which are offensive to man’s sensibilities or repulsive objects:

a. Waste matters, human excreta;
b. Carcasses of dead animals;
c. Killing of an animal to prove a substance is poison;

4. The procurement, presentation or inspection must not cause inconvenience or unnecessary

expenses out of proportion to the evidentiary value of the object evidence; and ***(cost of
transporting more costly than the evidentiary value-like pinetrees, produce OE is not feasible,
replacement evid may be required, like demo evid)

5. The admission must not violate the right against self-incrimination

For instance: Handwritings: the general rule is that a person may not be compelled to produce
a sample of his handwriting as basis for determining his criminal liability as the author of a
certain written document. This is because writing is not a mere mechanical act but involves
the application of the intellect. However, (exception) if the accused testifies in his own behalf
and denies authorship, he maybe
compelled to give a sample of his handwriting.

L. For what evidentiary purpose may blood grouping tests be conclusive?

Where the issue is admissibility and conclusiveness of blood grouping tests to disprove
paternity, rulings have been much more definite in their conclusions. For the past three
decades, the use of blood typing in cases of disputed parentage has already become an
important legal procedure.

There is now almost universal scientific agreement that blood grouping tests are conclusive as
to non-paternity, although inconclusive as to paternity, that is, the fact that the blood type of
the child is a possible product of the mother and alleged father does not conclusively prove
that the child is born by such parents; but, if the blood type of the child is not the possible
blood type when the blood of the mother and that of the alleged father are crossmatched, then
the child cannot possibly be that of the alleged father. (Jao vs CA, G.R. No. L-49162, July 28,
1987)

M. What is DNA evidence? (Ref: Antonio Lejano vs. People of the Philippines G.R. No.
176389 December 14, 2010; People of the Philippines vs. Edgar Allan Corpuz G.R. No.
208013, July 3, 2017)
1. What is DNA (deoxyribonucleic acid)?

DNA is a molecule that encodes the genetic information in all living organisms. A person’s
DNA is the same in each cell and it does not change throughout a person’s lifetime; the DNA
in a person’s blood is the same as the DNA found in his saliva, sweat, bone, the root and shaft
of hair, earwax, mucus, urine, skin tissue, and vaginal and rectal cells. Most importantly,
because of polymorphisms in human genetic structure, no two individuals have the same
DNA, with the notable exception of identical twins. (Antonio Lejano vs. People of the
Philippines G.R. No. 176389 December 14, 2010)

DNA is the fundamental building block of a person's entire genetic make-up. It is found in all
human cells and is the same in every cell of the same person. Genetic identity is however
unique. Hence, a person's DNA profile can determine his identity. (People of the
Philippines vs. Edgar Allan Corpuz G.R. No. 208013, July 3, 2017)

2. Give 5 instances when DNA evidence may be used.

DNA evidence can be used in the following:

a. In Criminal investigations to prove guilt or exonerate an innocent person;

b. In Civil Cases such as parentage disputes, inheritance cases, and immigration cases;
c. In Missing Persons Investigations, where the DNA profile can be compared to samples
from families of missing persons;
d. In Mass Disasters, for the positive identification of the deceased; and,
e. In Historical Investigations, such as studying the evolution of human populations to show
how early human populations might have migrated across the globe.

3. What are the factors to be considered in determining the probative value of DNA
evidence?

In assessing the probative value of the DNA evidence presented, the court shall consider the
following:

a. The chain of custody, including how the biological samples were collected, how they were
handled, and the possibility of contamination of the samples;

b. The DNA testing methodology, including the procedure followed in analyzing the
samples, the advantages and disadvantages of the procedure, and compliance with the
scientifically valid standards in conducting the tests;

c. The forensic DNA laboratory, including accreditation by any reputable standards-setting

institution and the qualification of the analyst who conducted the tests. If the laboratory is not
accredited, the relevant experience of the laboratory in forensic casework and credibility shall
be properly established; and,

d. The reliability of the testing result, as hereinafter provided.

NOTE: The provisions of the Rules of Court concerning the appreciation of evidence shall
apply suppletorily. (Section 7, Rule on DNA Evidence, A.M. No. 06-11-5-SC)
4. What makes DNA evidence reliable?

Applying the Daubert test to the case at bar, the DNA evidence obtained through Polymerase
Chain Reaction (PCR) testing and utilizing Short Tandem Repeat (STR) analysis, and which
was appreciated by the court a quo is relevant and reliable since it is reasonably based on
scientifically valid principles of human genetics and molecular biology. (People v. Yatar,
G.R. No. 150224, May 19, 2004)

5. What are the factors affecting the reliability of DNA evidence?

In evaluating whether the DNA testing methodology is reliable, the court shall consider the
following:

a. The falsifiability of the principles or methods used, that is, whether the theory or
technique can be and has been tested;

b. The subjection to peer review and publication of the principles or methods;

c. The general acceptance of the principles or methods by the relevant scientific community;

d. The existence and maintenance of standards and controls to ensure the correctness of data
generated;

e. The existence of an appropriate reference population database; and,

f. The general degree of confidence attributed to mathematical calculations used in

comparing DNA profiles and the significance and limitation of statistical calculations used in
comparing DNA profiles. (Section 8, Rule on DNA Evidence, A.M. No. 06-11-5-SC)

6. What are the requisites for the admissibility of DNA evidence?

In Daubert v. Merrell Dow, it was ruled that pertinent evidence based on scientifically valid
principles could be used as long as it was relevant and reliable. Judges, under Daubert, were
allowed greater discretion over which testimony they would allow at trial, including the
introduction of new kinds of scientific techniques. DNA typing is one such novel procedure.

Under Philippine law, evidence is relevant when it relates directly to a fact in issue as to
induce belief in its existence or non-existence. Applying the Daubert test to the case at bar,
the DNA evidence obtained through PCR testing and utilizing STR analysis, and which was
appreciated by the court a quo is relevant and reliable since it is reasonably based on
scientifically valid principles of human genetics and molecular biology. (People of the
Philippines v. Joel Yatar G.R. No. 150224 May 19, 2004)

NOTE: The Daubert Test: The U.S. Supreme Court, in the case of Daubert vs. Menell Dow
Pharmaceuticals (1993) came up with a test of reliability and directed that trial judges are to
consider four factors when determining the admissibility of scientific evidence, to wit:

a. whether the theory or technique can be tested

b. whether the proffered work has been subjected to peer review
c. whether the rate of error is acceptable
d. whether the method at issue enjoys widespread acceptance

7. What is the purpose of Post-conviction DNA testing?

The purpose of Post-conviction DNA testing is to see to it if such test is either favorable or not
to the convict. In which case, the convict or the prosecution may file a petition for a writ of
habeas corpus in the court of origin if the results of the post-conviction DNA testing are
favorable to the convict. In the case the court, after due hearing finds the petition to be
meritorious, if shall reverse or modify the judgment of conviction and order the release of the
convict, unless continued detention is justified for a lawful cause. A similar petition may be
filed either in the Court of Appeals or the Supreme Court, or with any member of said courts,
which may conduct a hearing thereon or remand the petition to the court of origin and issue
the appropriate orders. (Section 10, Rule on DNA Evidence, A.M. No. 06-11-5-SC)

VII. DOCUMENTARY EVIDENCE

1. What is documentary evidence?

Documentary Evidence are documents as evidence consists of writings, recordings,

photographs or any material containing letters, words, sounds, numbers, figures, symbols, or
their equivalents, or other modes of written expressions offered as proof of their consents.
(Section 2, Rule 130 of A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments on
Revised Rules on Evidence)

NOTE: Photographs includes still pictures, drawings, stored images, x-ray films, motion
pictures or videos.

2. How would you classify the various documentary evidence as stated in the 2019
amended rules?

The Classification of Documentary Evidence: (PRIVATE OR PUBLIC DOCUMENT)

a. Written Document;
b. Recordings;
c. Photographs; or
d. Any other material containing modes of written expression. (Section 2, Rule 130 of A.M.
No. 19-08-15-SC, known as the 2019 Proposed Amendments on Revised Rules on Evidence)

3. What is the foremost consideration in determining if a piece of evidence is being

offered as documentary evidence?

Documents, being writings or materials containing modes of written expressions do not ipso
facto make such writings or materials documentary evidence. For such writings or materials
to be deemed documentary evidence, the same must be offered as Proof of their
Contents. If offered for some other purpose, the writings or materials would not be deemed
documentary evidence but merely object evidence. (Reference: Evidence by Riano)

4. How does a judge appreciate documentary evidence?

A document may be offered and admitted in evidence both as documentary evidence and as
object evidence depending on the purpose for which the document is offered. If offered to
prove its existence, condition or for any purpose other than the contents of a document, the
same is considered as an object evidence. When the private document is offered as proof of
its contents, the same is considered as a documentary evidence. (Sec. 2, Rule 130, Rules of
Court, as amended by A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments on
Revised Rules on Evidence)

NOTE: The document may be offered for both purposes under the principle of multiple
admissibility.

5. What is a document?

A Document is a material substance on which the thoughts of men are represented by writing,
or any other species of conventional mark or symbol.

NOTE: Document is synonymous with writing.

6. Is a document the same as an instrument? (NO IT IS NOT THE SAME)

An Instrument is a formal or legal document in writing, such as contract, deed, will, bond, or
lease. (Reference: Black’s Law Dictionary)

Hence, a document is the same as an instrument because a document is synonymous to a

writing which must be legally effective and binding.

7. What is the Best Evidence Rule?

The Best Evidence Rule requires that when the subject of inquiry is the contents of a
document, no evidence is admissible other than the original document itself except in the
instances mentioned in Section 3, Rule 130 of the Revised Rules of Court. (Spouses
Marcelian Tapayan and Alice Tapayan v. Ponceda Martinez G.R. No. 207786 January 30,
2017)

8. What is the Original Document Rule?

The Original Document Rule is the matrix of the Best Evidence Rule. (Section 3, Rule 130
of A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments on Revised Rules on
Evidence)

Original document must be produces; exceptions. – When the subject of inquiry is the
contents of a document, writing, recording, photograph or other record, no evidence is
admissible other than the original document itself, except in the following cases:

a. When the original is lost or destroyed, or cannot be produced in court, without bad faith
on the part of the offeror;

b. When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice, or the original
cannot be obtained by the local judicial processes or procedures;
c. When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them is
only the general result of the whole;

d. When the original is a public record in the custody of a public officers or is recorded in a
public office; and

e. When the original is not closely-related to a controlling issue.

9. What are the requisites for the application of the Original Document Rule?

In order to apply the Original Document Rule, the requisite is that the subject of inquiry
must be the contents of a documents, writing, recording, photograph or other record.
(Section 3, Rule 130 of A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments on
Revised Rules on Evidence)

10. What is the original of a document?

An Original of a Document is the document itself or any counterpart intended to have the
same effect by a person executing or issuing it. (Section 4(a), Rule 130 of A.M. No. 19-08-15-
SC, known as the 2019 Proposed Amendments on Revised Rules on Evidence)

NOTE: An original of a photograph includes the negative or any print therefrom. If data is
stored in a computer or similar device, any printout or other output readable by sight or other
means, shown to reflect the date accurately, is an original.

11. What is the duplicate of a document?

A document in two or more copies executed at or about the same time with identical
contents, or is a counterpart produced by the same impression as the original, or from the
same matrix, or by a mechanical or electronic re-recording, or by chemical reproduction, or by
other equivalent techniques which accurately reproduces the original.

12. What is the rule on the admissibility of the original and a duplicate of a document?
What are the exceptions to this rule?

General Rule: The copies or duplicates shall be regarded as the equivalent of the original.

Exceptions:

a) A genuine question is raised as to the authenticity of the original; or

b) In the circumstances, it would be unjust or inequitable to admit a copy in lieu of the
original.

13. What is secondary evidence?

Secondary evidence refers to evidence other than the original instrument or document itself.
(EDSA Shangri-La Hotel and Resort, Inc. v. BF Corporation, 556 SCRA 25)
14. What are the requisites for the introduction of secondary documentary evidence?

The requisites for the introduction of secondary documentary evidence, with regard to the
following instances, are.

1. Requisites for the production of secondary evidence in cases of loss, destruction, or

unavailability of the original. Secondary evidence may be admitted in compliance with the
following:

a) The offeror must prove the existence and execution of the original document
b) The offeror must show the cause of its unavailability such as the loss or the destruction of
the original
c) The offeror must show that the unavailability was not due to his bad faith

After complying with the requirements for laying the basis for the introduction of secondary
evidence, the offeror may now be allowed to prove the contents of the documents by
secondary evidence. (Sections 3(a) and 5, Rule 130, Rules of Court, as amended by A.M. No.
19-08-15-SC, known as the 2019 Proposed Amendments on Revised Rules on Evidence);

2. Requisites for the production of secondary evidence when the original is in the custody or
control of the adverse party. Secondary evidence may be admitted in proving the following
(Section 3(b) Rule 130, Rules of Court, as amended by A.M. No. 19-08-15-SC, known as the
2019 Proposed Amendments on Revised Rules on Evidence:

a) that the original exists;

b) that said document is under the custody or control of the adverse party;
c) that the proponent of secondary evidence has given the adverse party reasonable notice to
produce the original document; and,
d) that the adverse party failed to produce the original document despite the reasonable
notice.

Note: When such party has the original of the writing and does not voluntarily offer to
produce it or refuses to produce it, secondary evidence may be admitted. (Magdayao vs
People, 436 SCRA 677);

3. Requisites for the production of secondary evidence when the original consists of
numerous accounts:

a) if the original consists of numerous accounts or other documents;

b) they cannot be examined in court without great loss of time; and,
c) the fact sought to be established from them is only the general result of the whole (Sec.
3[c], Rule 130, Rules of Court as amended by A.M. No. 19-08-15-SC, known as the 2019
Proposed Amendments on Revised Rules on Evidence);

4. Requisites for the production of secondary evidence when the original of a document is a
public record or is recorded in a public office (Sec. 3[d], Rule 130, Rules of Court as amended
by A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments on Revised Rules on
Evidence). Public records are generally not to be removed from the places where they are
recorded and kept (Sec. 26, Rule 132, Rules of Court as amended by A.M. No. 19-08-15-SC,
known as the 2019 Proposed Amendments on Revised Rules on Evidence). For this reason, the
proof of the contents of a document which forms part of a public record may be done by
secondary evidence. This evidence is a certified true copy of the original. This certified copy
is to be issued by the public officer in custody of the public records (Sec. 7, Rule 130, Rules of
Court as amended by A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments on
Revised Rules on Evidence); and,

5. Requisites for the production of secondary evidence when the original is not closely-
related to a controlling issue (Sec. 3[d], Rule 130, Rules of Court as amended by A.M. No. 19-
08-15-SC, known as the 2019 Proposed Amendments on Revised Rules on Evidence).

Paragraph (e) is a new insertion. It means that secondary evidence may be admitted if the
original documentary evidence is not closely-related to a controlling issue in the case. This
paragraph appears to pertain to irrelevant evidence. However, by definition, evidence, to be
admissible, must be relevant. Here, it contemplates an irrelevant document or evidence. There
is no need to produce the original of an irrelevant document. The issue now is, if it is
irrelevant then it would not have been admitted in the first place. It appears that this paragraph
contemplates a situation where there is an irrelevant document or evidence that was
nevertheless admitted in evidence (lack of objection/admitted by the court). In such a
situation, the original thereof need not be produced.

15. What are the requisites for the presentation of a summary of a document?

Under the Rules, the presentation of secondary evidence should be in the following order:

a) a copy of the original;

b) a recital of the contents of the document in some authentic document; and,
c) by the testimony of the witnesses. (sec. 5, Rule 130, Rules of Court, as amended by A.M.
No. 19-08-15-SC, known as the 2019 Proposed Amendments on Revised Rules on Evidence)

16. May a party who requested for the production of a document under Rule 27 be
obliged to offer the same in evidence?

No. A party who calls for the production of a document and inspects the same is not obliged
to offer it as evidence. (sec. 8, Rule 130, Rules of Court, now Section 9 of the 2019 Proposed
Amendments on Revised Rules on Evidence)

17. What is parol evidence?

The term “parol” evidence means something “oral” or verbal but, with reference to contracts,
it means extraneous evidence or evidence aliunde (from other source; from a source extrinsic
to the matter, document or instrument under consideration). (Reference: Black’s Law
Dictionary, 5th Ed.)

18. What is the Parol Evidence Rule?

The “parol evidence rule” is embodied in sec. 9, Rule 130 of the Rules of Court which
provides:

Section 9. Evidence of written agreements. — When the terms of an agreement have been
reduced to writing, it is considered as containing all the terms agreed upon and there can be,
between the parties and their successors in interest, no evidence of such terms other than the
contents of the written agreement.

Jurisprudence on “Parol Evidence Rule”: Under this rule, when the parties have reduced
their agreement into writing, they are deemed to have intended the written agreement to be the
sole repository and memorial of everything that they have agreed upon. All their prior and
contemporaneous agreements are deemed to be merged in the written document so that, as
between them and their successors-in-interest, such writing becomes exclusive evidence of its
terms and any verbal agreement which tends to vary, alter or modify it is not admissible.
Whatever is not found in the writing is understood to have been waived and abandoned. (Rizal
Commercial Banking Corporation v. Bernardino, G.R. No. 183947)

19. What are the requisites for the application of the parol evidence rule?

A party may present evidence to modify, explain or add to the terms of written agreement if
he puts in issue in his pleading:

a) An intrinsic ambiguity, mistake or imperfection in the written agreement;

b) The failure of the written agreement to express the true intent and agreement of the parties
thereto;
c) The validity of the written agreement; or
d) The existence of other terms agreed to by the parties or their successors in interest after
the execution of the written agreement.

20. What are the exceptions to the parol evidence rule?

1. Defects in the formation of the contract (such as fraud, duress, mistake or illegality).
2. The agreement fails to express the true intent of the parties where the written contract is so
ambiguous or obscure in terms that the contractual intention of the parties cannot be
understood from a mere reading of the instrument.
3. Problems with the consideration (e.g., the consideration was never paid).
4. A prior valid agreement that is incorrectly reflected in the written instrument in question.
5. A related agreement, if it does not contradict or change the main contract.
6. A condition that had to occur before contract performance was due.
7. Subsequent modification of the contract.

What is considered an intrinsic ambiguity in a document?

Intrinsic or latent ambiguity is one which is not apparent on the face of the document but
which lies in the person or things that is the subject of the document or deed. In other words,
the ambiguity is intrinsic or latent when the language or writing is clear and intelligible and
suggests but a single meaning, but some other extraneous to the writing creates the ambiguity.
(Black’s Law Dictionary, 5th Ed.)

In this type of ambiguity, the document is clear on its face but matters outside the agreement
create the ambiguity.

21. Differentiate Parol Evidence Rule from the Original Document Rule.
The distinction between Parol Evidence Rule and Original Document Rule, formerly known
as the Best Evidence Rule, are the following:

a. The best evidence rule establishes a preference for the original document over a secondary
evidence thereof, while the parol evidence rule is not concerned with the primacy of evidence,
but presupposes that the original is available;

b. The best evidence rule precludes the admission of secondary evidence if the original
document is available, while the parol evidence rule precludes the admission of other evidence
to prove the terms of a document other than the contents of the documents itself for the
purpose of varying the terms of the writing;

c. In terms of application, the Best Evidence Rule does not apply to all types of evidence. It
only applies when the evidence is documentary, and the content of the document is the subject
of the inquiry. Where the issue is the execution or existence of the document or the
circumstances surrounding its execution, the best evidence rule does not apply and testimonial
evidence is admissible (Arceo v. People, 495 SCRA 204). Whereas, Parol Evidence Rule
applies to contracts which the parties have decided to set forth in writing. Therefore, Parol
Evidence Rule does not apply to oral contracts;

d. On its purpose, the Best Evidence Rule ensures that the exact contents of a document are
brought before the court. The Best Evidence Rule, likewise, acts as an insurance against fraud.
The rule protects against misleading inferences resulting from the intentional or unintentional
introduction of selected portions of larger set of writings” (Republic v. Mupas, G.R. No.
181892). The Best Evidence Rule prohibits the introduction of secondary evidence in lieu of
the original document. On the other hand, the Parol Evidence Rule, forbids any addition to, or
contradiction of, the terms of a written agreement by testimony or other evidence purporting
to show that different terms were agreed upon by the parties, varying the purport of the
written contracts (Sea Oil Petroleum Corporation v. Autocorp Group, 569 SCRA 387). It
simply connotes that whatever is not found in the writing is understood to have been waived
and abandoned (Edrada v. Ramos, 468 SCRA 597). In general, the Parol Evidence Rule is
designed to give certainty to written transactions, preserve the reliability and protect the
sanctity of written agreements; and,

e. The Best Evidence Rule can be invoked by any party to an action whether or not he has
participated in the writing involved, while Parol Evidence Rule can be invoked only when the
controversy is between the parties to the written agreement, their privies, or any party affected
thereby like a cestui que trust.

22. Summarize the rules on the interpretation of written documents.

The following rules on the interpretation of written documents are:

a. The language of a writing is to be interpreted according to the legal meaning it bears in the
place of its execution, unless the parties intended otherwise;

b. In the construction of an instrument, where there are several provisions or particulars,

such a construction is, if possible, to be adopted as will give effect to all;
c. In the construction of an instrument, the intention of the parties is to be pursued; and when
a general and a particular provision are inconsistent, the latter is paramount to the former. So,
a particular intent will control a general one that is consistent with it;

d. For the proper construction of an instrument, the circumstance under which it was made,
including the situation of the subject thereof and of the parties to it may be shown, so that the
judge may be placed in the position of those whose language he or she is to interpret;

e. The terms of a writing are presumed to have been used in their primary and general
acceptation, but evidence is admissible to show that they have a local, technical, or otherwise
peculiar signification, and were so used and understood in the particular instance, in which
case the agreement must be construed accordingly;

f. When an instrument consists partly of written words and partly of a printed form, and the
two are inconsistent, the former controls the latter;

g. When the characters in which an instrument is written are difficult to be deciphered, or the
language is not understood by the court, the evidence of persons skilled in deciphering the
characters, or who understand the language, is admissible to declare the characters or
meanings of the language;

h. When the terms of an agreement have been intended in a different sense by the different
parties to it, that sense is to prevail against either party in which he or she is supposed the
other understood it, and when the different constructions of a provision are otherwise equally
proper, that is to be taken which is the most favourable to the party in whose favor the
provision was made; and,

i. When an instrument is equally susceptible of two interpretations, one in favor of a natural

right and the other against it, the former is to be adopted. (Sections 10-19, Rule 130, Rules of
Court, as amended by A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments to
the Revised Rules on Evidence, now Sections 11-20)

23. What is authentication of a documentary evidence?

Authentication is a process which is often referred to as "laying a foundation" for the evidence
desired to be admitted at trial.

(Reference:https://www.law.cornell.edu/wex/authentication?
fbclid=IwAR3dTy9CaIGuInGjE7QXvARoeKz6FtJIPwJRhsaT8NdfOHmO3cyHR7AxV0)

Authentication refers to a rule of evidence which requires that evidence must be sufficient to
support a finding that the matter in question is what its proponent claims. The “authenticity”
rule relates to whether the subject of an evidentiary offering (generally a tangible thing), is
what it purports to be. This is a legal way of saying that evidence must be proven to be
genuine to be admissible.

(Reference:https://cochranfirm.com/whatisauthentication/?
fbclid=IwAR2Dc1YWAsXH_FE1R9pOCJTh4DByogOlZKRRDyam1MCrNTrkQKJGPVr5FN
Y)
Authentication is the process of convincing the court that a document is what it purports to be;
of proving the origin of the image and that it has not subsequently been altered (or, where
alteration has occurred, proving the nature of the alteration). Such alteration could include, for
example, image enhancement or image manipulation. (Reference:
https://business.inquirer.net/180469/cctv-footage-as-evidence)

24. How do you authenticate:

a. Written Private Document

A written private document is authenticated by any of the following means:

a) By anyone who saw the document executed or written;

b) By evidence of the genuineness of the signature or handwriting of the maker; or
c) By other evidence showing its due execution and authenticity. (Section 20, Rule 132,
Rules of Court, as amended by A.M. No. 19-08-15-SC, known as the 2019 Proposed
Amendments to the Revised Rules on Evidence)

b. Written Public Document

Generally, a public document, by virtue of its official or sovereign character, or because it has
been acknowledged before a notary public (except a notarial will) or a competent public
official with the formalities required by law, or because it is a public record of a private
writing authorized by law, is self-authenticating and requires no further authentication in order
to be presented as evidence in court. (People vs Patula, G.R. No. 164457, April 11, 2012)

For the exception which is the notarial will, it is authenticated by the attestation and
subscription of the testator and the attesting witnesses. (Constantino vs People, GR No.
225696, Apr 08, 2019)

c. Recording (audio or video)

The recording shall be authenticated by the person who made the recording or by some other
person competent to testify on the accuracy thereof. (Section 1, Rule 11, A.M. NO. 01-7-01-
SC.- RE: RULES ON ELECTRONIC EVIDENCE)

d. CCTV Footage (opo video din  pero iba?)

In the United Kingdom, for example, studies were made on how digital evidence (which
includes CCTV footages) could be authenticated before the courts of law. The studies
included technical methods such as encryption, watermarking, or digital signature. Best
practices were adopted in respect of digital evidence, including the creation of audit trails to
authenticate it and the technologies used in connection with digital documents.
(Reference: https://business.inquirer.net/180469/cctv-footage-as-evidence)

e. Still Pictures

The still pictures are authenticated by a witness who is familiar with the scene or person
portrayed and who testifies that the photograph faithfully represents what it depicts.
Some courts insist on requiring the photographer to testify but this view has been eroded by
the tendency of modern courts to admit as a witness one who has familiarity with the scene
portrayed (Sison v. People, 250 SCRA 58, 75).

f. SMS/MMS Messages

Ephemeral electronic communications including text messages shall be proven by the

testimony of a person who was a party to the same or has personal knowledge thereof. In the
absence or unavailability of such witnesses, other competent evidence may be admitted.
(Section 2, Rule 11, A.M. NO. 01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE)

g. Posts on a Facebook page

There are two possible situations.

The first is that a record of the Facebook post is retained. In such case, the post is
characterized as electronic document under the Electronic Commerce Act (ECA) and
Rules on Electronic Evidence (REE).

Posts on a Facebook Page are authenticated by any of the following means:

(a) by evidence that it had been digitally signed by the person purported to have signed the
same;

(b) by evidence that other appropriate security procedures or devices as may be authorized by
the Supreme Court or by law for authentication of electronic documents were applied to the
document; or

(c) by other evidence showing its integrity and reliability to the satisfaction of the judge.
(Section 2, Rule 5, A.M. NO. 01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE)

Also, until the Supreme Court by appropriate rules shall have so provided, electronic
documents, electronic data messages and electronic signatures, shall be authenticated by
demonstrating, substantiating and validating a claimed identity of a user, device, or another
entity in an information or communication system, among other ways, as follows:

(a) The electronic signature shall be authenticated by proof that a letter, character, number or
other symbol in electronic form representing the persons named in and attached to or logically
associated with an electronic data message, electronic document, or that the appropriate
methodology or security procedures, when applicable, were employed or adopted by a person
and executed or adopted by such person, with the intention of authenticating or approving an
electronic data message or electronic document;

(b) The electronic data message and electronic document shall be authenticated by proof that
an appropriate security procedure, when applicable was adopted and employed for the purpose
of verifying the originator of an electronic data message and/or electronic document, or
detecting error or alteration in the communication, content or storage of an electronic
document or electronic data message from a specific point, which, using algorithm or codes,
identifying words or numbers, encryptions, answers back or acknowledgement procedures, or
similar security devices. (Section 11, chapter II, Part II, Republic Act No. 8792, known as
ELECTRONIC COMMERCE ACT OF 2000)

The second situation is that the Facebook post is deleted at a certain point, as what often
happens. The REE has a provision specifically addressing the situation. If deleted or
removed, the post is considered ephemeral electronic communication under the REE.

Ephemeral electronic communications including text messages shall be proven by the

testimony of a person who was a party to the same or has personal knowledge thereof. In the
absence or unavailability of such witnesses, other competent evidence may be admitted.
(Section 2, Rule 11, A.M. NO. 01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE)

Note: The Facebook post in question is considered a document pursuant to the functional
equivalence and non-discrimination principles under the E-Commerce Act of 2000 (ECA) and
the Rules on Electronic Evidence (REE), which the Supreme Court promulgated in 2001 to
implement the ECA in our courts of law.

Under these principles, an electronic document is considered the functional equivalent of a

paper-based document and should not be discriminated against as evidence solely on the
ground that it is not in the standard paper form.

25. What is the difference between a CCTV footage and a video recording taken by a
person? 

The difference between a CCTV footage and a video recording taken by a person are:

a. As to authentication, In the United Kingdom, for example, studies were made on how
digital evidence (which includes CCTV footages) could be authenticated before the courts of
law. The studies included technical methods such as encryption, watermarking, or digital
signature. Best practices were adopted in respect of digital evidence, including the creation of
audit trails to authenticate it and the technologies used in connection with digital documents.
(Reference: https://business.inquirer.net/180469/cctv-footage-as-evidence), while the
recording shall be authenticated by the person who made the recording or by some other
person competent to testify on the accuracy thereof. (Section 1, Rule 11, A.M. NO. 01-7-01-
SC.- RE: RULES ON ELECTRONIC EVIDENCE);

b. As to nature, CCTV is a video surveillance which means for security purposes in general,
while, an ordinary video recording is not usually for security purposes, which means it could
be a personal copy of the person who had taken such recording; and,

c. As to the intention of the owner or person who recorded the video, the owner of the CCTV
intended to install such CCTV for security purpose, while the person who recorded the video
does not really intend to take the video for security purposes, like he may have recorded the
video to prove something other than surveillance matters.

26. What documentary evidence requires no authentication?

A public document, by virtue of its official or sovereign character, or because it has been
acknowledged before a notary public (except a notarial will) or a competent public official
with the formalities required by law, or because it is a public record of a private writing
authorized by law, is self-authenticating and requires no further authentication in order to be
presented as evidence in court. (Republic v. Gimenez G.R. No. 174673, January 11,2 016)

27. What are the kinds of documents according to the manner of authentication?

The kinds of documents according to manner of authentication are the following:

a) Public Documents as Self authenticating;

b) Private Documents and Electronic Documents which requires further proof of its due
execution and authenticity.

28. Differentiate private documents from public documents.

A public document, by virtue of its official or sovereign character, or because it has been
acknowledged before a notary public (except a notarial will) or a competent public official
with the formalities required by law, or because it is a public record of a private writing
authorized by law, is self-authenticating and requires no further authentication in order to be
presented as evidence in court. In contrast, a private document is any other writing, deed, or
instrument executed by a private person without the intervention of a notary or other person
legally authorized by which some disposition or agreement is proved or set forth. Lacking the
official or sovereign character of a public document, or the solemnities prescribed by law, a
private document requires authentication in the manner allowed by law or the Rules of Court
before its acceptance as evidence in court.

29. What is a private document? (Otero vs. Tan G.R. No. 200134 dated August 15, 2012)

A private document is any other writing, deed, or instrument executed by a private person
without the intervention of a notary or other person legally authorized by which some
disposition or agreement is proved or set forth. Lacking the official or sovereign character of a
public document, or the solemnities prescribed by law, a private document requires
authentication in the manner allowed by law or the Rules of Court before its acceptance as
evidence in court.

The requirement of authentication of a private document is excused only in four instances,

specifically:

a. When the document is an ancient one within the context of Section 21, Rule 132 of the
Rules of Court;

b. When the genuineness and authenticity of an actionable document have not been
specifically denied under oath by the adverse party;

c. When the genuineness and authenticity of the document have been admitted; or

d. When the document is not being offered as genuine.

30. How may a private writing be authenticated?

A private document may be authenticated either:

a. By anyone who saw the document executed or written; or
b. By evidence of the genuineness of the signature or handwriting of the maker.

NOTE: Any other private document need only be identified as that which it is claimed to be

31. How is the genuineness of a handwriting proven?

The handwriting of a person may be proved by any witness who believes it to be the
handwriting of such person because he has seen the person write, or has seen writing
purporting to be his upon which the witness has acted or been charged, and has thus acquired
knowledge of the handwriting of such person. Evidence respecting the handwriting may also
be given by a comparison, made by the witness or the court, with writings admitted or treated
as genuine by the party against whom the evidence is offered, or proved to be genuine to the
satisfaction of the judge

32. What is a public document?

A public document is a written official acts or records of the sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country. It
may also be a document acknowledged before a notary public (except a notarial will) or a
competent public official with the formalities required by law, or a public record of a private
writing authorized by law. It is self-authenticating and requires no further authentication in
order to be presented as evidence in court.

33. Why is it considered public?

Public documents are considered public because it is authenticated by a public officer,

made available for public reference and use, and binds the whole world.

34. What are the different kinds of public documents? Give one example for each.

The kinds of public documents are:

a. The written official acts, or records of the official acts of the sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;

b. Documents acknowledge before a notary public except last wills and testaments; example:
Deed of sale of a motor vehicle

c. Public records, kept in the Philippines, of private documents required by law to be entered
therein. Example: Transfer Certificate of Title

35. Differentiate the kinds of public documents as to what they may prove. (Reference:
RP vs. Fe Roa Gimenez, G.R. No. 174673 dated January 11, 2016)

Public records made in the performance of a duty by a public officer" include those specified
as public documents under Section 19(a), Rule 132 of the Rules of Court and the
acknowledgement, affirmation or oath, or jurat portion of public documents under Section
19(c). Hence, under Section 23, notarized documents are merely proof of the fact which
gave rise to their execution and of the date of the latter but is not prima facie evidence of
the facts therein stated. Additionally, under Section 30 of the same Rule, the
acknowledgement in notarized documents is prima facie evidence of the execution of the
instrument or document involved.

36. What kind of public documents are judicial records?

Judicial records may be classified as public documents that are the written official acts, or
records of the official acts of the sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or of a foreign country. (RP vs. Fe Roa Gimenez, G.R.
No. 174673 dated January 11, 2016)

37. How do you impeach documentary evidence in general?

In general, Documentary Evidence is impeached by objection at the time when the document
is formally offered in evidence. The objection must be specific enough to adequately inform
the court the rule of evidence or of substantive law that authorizes the exclusion of evidence.
Failure to do so is in effect a waiver of the objection.

38. How do you impeach judicial records?

Any judicial record may be impeached by evidence of: a) want of jurisdiction in the court of
judicial officer; b) collusion between the parties; or c) fraud in the party offering the record, in
respect to the proceedings. (Section 29, Rule 132, Rules of Court)

39. What are notarial documents?

Notarial Documents are documents which carries authenticated signatures of the person
authorized or required to sign it, and the signature of a notary public witnessing the signature,
accompanied by an impression of his or her official notary seal.

40. Is an affidavit a notarial document?

An affidavit is a notarial document. Affidavits must always be notarized by a notary public.

"Notarized" means that you have sworn under oath that the facts in the affidavit are true, the
document has been signed in front of a notary public, and a notary public has signed and put a
seal on the affidavit.

41. Is an affidavit a public document?

An affidavit is a public document, since an affidavit is needed to be notarized, and it is a well-

settled rule that a document acknowledged before a notary public is a public document that
enjoys the presumption of regularity.

42. How do you prove notarial documents?

Every instrument duly acknowledged or proved and certified as provided by law, may be
presented in evidence without further proof, the certificate of acknowledgement being prima
facie evidence of the execution of the instrument or document involved. Documents notarized
are presumed to be notarized by a duly authorized person. Without such authority, the private
document does not become a public document. (Section 30, Rule 132, of A.M. No. 19-08-15-
SC, known as the 2019 Proposed Amendments to Revised Rules on Evidence)

43. What will you present if you want to prove an official record?

An official record may be evidenced by:

a. An official publication;
b. By a copy of the documents attested by the officer having legal custody of the record by
the attestation of his deputy. (Section 24, Rule 132 of A.M. No. 19-08-15-SC, known as the
2019 Proposed Amendments to Revised Rules on Evidence)

44. How do you prove the non-existence of an official record?

Proof of lack of record of a document consists of written statement signed by an officer

having custody of an official record or by his or her deputy. The written statement must
contain the following matters:

a. There has been a diligent search of the record;

b. That despite the diligent search, no record of entry of a specified tenor is found in the
records of his office.

Note: The written statement must be accompanied by a certificate that such officer has the
custody of official records. (Sec 28, Rule 132 of A.M. No. 19-08-15-SC, known as the 2019
Proposed Amendments to Revised Rules on Evidence)

45. When is a document or record required to be attested?

A document or record is required to be attested when there is necessity for showing to the
court that indeed a record of the official acts of official bodies, tribunals, or public officer
exists.

46. What should be stated in the attestation?

The contents of an attestation are:

a. In substance, that the copy is a correct copy of the original or a specific part thereof; and,
b. The attestation must be under the official seal of the attesting officer, if there be any, or if
he or she be the clerk of a court having a seal, under the seal of such court (Section 25, Rule
132 of A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments to Revised Rules on
Evidence)

Proviso: If the office in which the record is kept is in a foreign country, which is a contracting
party to a treaty or convention to which the Philippines is also a party, or considered a public
document under such treaty or convention pursuant to paragraph (c) of Section 19 hereof, the
certificate or its equivalent shall be in the form prescribed by such treaty or convention subject
to reciprocity granted to public documents originating from the Philippines. (Second
paragraph, Section 24, Rule 132 of A.M. No. 19-08-15-SC, known as the 2019 Proposed
Amendments to Revised Rules on Evidence)
For documents originating from a foreign country which is not a contracting party to a treaty
or convention referred to in the next preceding sentence, the certificate may be made by a
secretary of the embassy or legation, consul general, consul, vice-consul, or consular agent or
by any officer in the foreign service of the Philippines stationed in the foreign country in
which the record is kept, and authenticated by the seal of his or her office. (Third Paragraph,
Section 24, Rule 132 of A.M. No. 19-08-15-SC, known as the 2019 Proposed Amendments to
Revised Rules on Evidence)

47. When may an altered document be admissible?

A document which has been altered and appears to have been altered after its execution, in a
part material to the question in dispute document maybe admissible when the party producing
the altered document, will account for the alteration. He may show that the alteration was
made by another, without his concurrence, or was made with the consent of the parties
affected by it, or was otherwise properly or innocent made, or that the alteration did not
change the meaning or language of the instrument. (Sec. 31, Rules of Court) 

48. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

a. What are governed by the Rules on Electronic Evidence?

Section 1. Scope. – Unless otherwise provided herein, these Rules shall apply whenever an
electronic document or electronic data message, as defined in Rule 2 hereof, is offered or used
in evidence.
Section 2. Cases covered. – These Rules shall apply to all civil actions and proceedings, as
well as quasi-judicial and administrative cases.
b. Is it applicable to criminal cases?

Section 2. Cases covered.—These Rules shall apply to all criminal and civil actions and
proceedings, as well as quasi-judicial and administrative cases.
(Sept. 24, 2002, Supreme Court, 01-7-01 SC)

The Supreme Court, in Ang v. Court of Appeals (G.R. No. 182835, April 20, 2010), held that
the REE does not apply to criminal actions. The Ang case made no mention of the 2002
amendment extending the coverage of the Rules on Electronic Evidence to criminal cases.

c. What is electronic evidence?

Digital evidence or electronic evidence is any probative information stored or transmitted

in digital form that a party to a court case may use at trial. (Casey, Eoghan (2004). Digital
Evidence and Computer Crime, Second Edition)

d. What is an electronic document?

Electronic document refers to information or the representation of information, data, figures,
symbols or other modes of written expression, described or however represented, by which a
right is established or an obligation extinguished, or by which a fact may be proved and
affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced
electronically. It includes digitally signed documents and any print-out or output, readable by
sight or other means, which accurately reflects the electronic data message or electronic
document. For purposes of these Rules, the term "electronic document" may be used
interchangeably with "electronic data message". [Sec. 1(h) A.M. No. 01-7-01-SC July 17,
2001 RULES ON ELECTRONIC EVIDENCE]
e. What is an electronic signature?

Electronic signature refers to any distinctive mark, characteristic and/or sound in electronic
form, representing the identity of a person and attached to or logically associated with the
electronic data message or electronic document or any methodology or procedure employed or
adopted by a person and executed or adopted by such person with the intention of
authenticating, signing or approving an electronic data message or electronic document. For
purposes of these Rules, an electronic signature includes digital signatures. [Sec. 1(j) A.M.
No. 01-7-01-SC July 17, 2001 RULES ON ELECTRONIC EVIDENCE]

f. What are the presumptions regarding an electronic signature?

Section 3. Disputable presumptions relating to electronic signatures. – Upon the
authentication of an electronic signature, it shall be presumed that:

1. The electronic signature is that of the person to whom it correlates;

2. The electronic signature was affixed by that person with the intention of authenticating or
approving the electronic document to which it is related or to indicate such person's consent to
the transaction embodied therein; and

3. The methods or processes utilized to affix or verify the electronic signature operated
without error or fault.
g. How is an electronic signature different from a digital signature?

The main difference between the two is that digital signature is mainly used to secure
documents and is authorized by certification authorities while electronic signature is often
associated with a contract where the signer has got the intention to do so.

Digital signature is characterized by a unique feature that is in digital form like fingerprint that
is embedded in a document. The signer is required to have a digital certificate so that he or she
can be linked to the document. Digital signature is often authorized by certification authorities
that are responsible for providing digital certificates that can be compared to licenses or
passports. A digital certificate is used to validate the document to ascertain its authenticity if it
has not been forged. This plays a pivotal role in verifying the identity of the original person
with the signature.

The other key feature of a digital signature is that it is used to secure digital documents. There
are some people who have a tendency of tempering with digital documents obtained online
but with a digital signature, this can be impossible. The document is secured and can only be
accessed by the authorized person for any alterations or amendments.

When a digital signature is applied to a certain document, the digital certificate is bound to the
data being signed into one unique fingerprint. These two components of the digital signature
are unique and this makes it more viable than wet signatures since its origins can be
authenticated. This cryptographic operation helps to perform the following functions:

1. Prove the authenticity of the document and its source

2. Make sure that the document has not been tempered with
3. Personal identity has been verified.

An electronic signature is described as any electronic symbol, process or sound that is

associated with a record or contract where there is intention to sign the document by the party
involved. The major feature of an electronic signature is thus the intention to sign the
document or the contract. The other notable aspect that makes an electronic signature different
from a digital signature is that an electronic signature can be verbal, a simple click of the box
or any electronically signed authorization.

The main feature of an electronic signature is that it reveals the intent by the signer to sign the
document. This is usually applicable to contracts or other related agreements that are entered
into by two parties. As noted, there are different types of electronic signatures and these are
legally binding once all parties have shown their commitment and intent to enter into a certain
contract.

The other aspect about an electronic signature is that it helps to verify the document. If it has
been signed, its authenticity can be verified where the parties involved can be identified.
However, an electronic document can be difficult to verify given that a digital certificate
similar to the one given for digital signature is not provided.

The other notable feature of an electronic signature is that it is used to execute an agreement.
For instance, in a contract, two people usually agree to fulfill certain duties and this agreement
can only become legally binding when it has been signed by both parties. This is when an
electronic signature can be used. On top of that, it can be observed that electronic signatures
are commonly used in contracts by virtue of the fact that they are easy to use.x
(http://www.differencebetween.net/technology/difference-between-digital-signature-and-
electronic-signature/)

h. How does an electronic signature work?

An electronic signature is intended to provide a secure and accurate identification method for
the signatory to provide a seamless transaction. Definitions of electronic signatures vary
depending on the applicable jurisdiction. A common denominator in most countries is the
level of an advanced electronic signature requiring that:
1. The signatory can be uniquely identified and linked to the signature

2. The signatory must have sole control of the private key that was used to create the
electronic signature

3. The signature must be capable of identifying if its accompanying data has been tampered
with after the message was signed

4. In the event that the accompanying data has been changed, the signature must be
invalidated. (Turner, Dawn M. "Advanced Electronic Signatures for eIDAS.
i. How is an electronic evidence authenticated?
Section 2. Manner of authentication. – Before any private electronic document offered as
authentic is received in evidence, its authenticity must be proved by any of the following
means:
a. by evidence that it had been digitally signed by the person purported to have signed the
same;
b. by evidence that other appropriate security procedures or devices as may be authorized by
the Supreme Court or by law for authentication of electronic documents were applied to the
document; or

c. by other evidence showing its integrity and reliability to the satisfaction of the judge.

j. What is an ephemeral evidence?

Ephemeral evidence” is “real evidence” of a type that is likely to disappear, fade away, be
erased, or get lost unless it is captured in some durable form quickly.

“Real evidence” is the term used for all kinds of evidence other than witness testimony. It
includes any kind of document or audio recording or preserved image (such as photographs,
drawings, etc.) as well as 3-dimensional physical objects (such as a murder weapon, a failed
part of a defective machine, a piece of stolen goods).

Examples of “ephemeral evidence” would include a footprint or tire print in the sand or
mud or fresh snow that will quickly fade unless it is captured in a photograph OR by use of a
plaster-cast impression. The exact arrangement of objects at the scene of an incident such as a
crash or a crime is also a form of ephemeral evidence, since their relationship to each other
may provide clues to what actually happened and that relationship will be changed as soon as
anybody moves any of the bodies or objects. Drops of blood, water, or bodily fluids may be
ephemeral evidence as they are likely to be washed away in routine cleaning. Even a duly
recorded tape or data file from a security camera is “ephemeral evidence” if the recording
device is set up to record over pre-existing recordings on the same media indefinitely,
preserving only the last few hours or days of data.

The possibility of ephemeral evidence existing is one of the reasons why investigators try to
obtain access to the scene of an incident immediately, before such evidence disappears or gets
contaminated by other events — for instance, a footprint or tire print in the mud will disappear
the next time it rains, or the next time someone else walks over it or drives over it.

The captured record of the existence of ephemeral evidence can itself be offered into
evidence, if accompanied by the usual witness testimony asserting under oath that it is an
accurate and complete record of what it purports to be at the time and place of the incident at
issue.
VIII. TESTIMONIAL EVIDENCE
A. Testimonies and Qualifications of Witnesses:

1. What is a testimony?

In the law, testimony is a form of evidence that is obtained from a witness who makes a
solemn statement or declaration of fact. Testimony may be oral or written, and it is usually
made by oath or affirmation under penalty of perjury.

2. In what form may a testimony be given?

A testimony of a witness may be given orally in the court or through judicial affidavit.

3. Who is a witness?

A witness is a person whose declaration under oath or affirmation is received as evidence for
any purpose, whether such declaration be made oral examination or by deposition or affidavit.

4. Who is a child witness?

As a rule, a Child Witness is any person who is below 18 years old at the time of the giving of
his testimony. A child includes one over 18 years but found by the court as unable to fully
take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.

a. Who is a facilitator?

"Facilitator" means a person appointed by the court to pose questions to a child.

b. Who is a support person?

A "support person" is a person chosen by the child to accompany him to testify at or attend a
judicial proceeding or deposition to provide emotional support for him.

c. What is the procedure in testing the competency of a child witness?

 the court shall conduct a competency examination of a child, motu proprio or on motion of a
party, when it finds that substantial doubt exists regarding the ability of the child to perceive,
remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the
truth in court.

d. How is the examination of a child witness done?

Examination of a child as to his competence shall be conducted only by the judge. Counsel for
the parties, however, can submit questions to the judge that he may, in his discretion, ask the
child.

The examination of a child witness presented in a hearing or any proceeding shall be done in
open court. Unless the witness is incapacitated to speak, or the question calls for a different
mode of answer, the answers of the witness shall be given orally.
The party who presents a child witness or the guardian ad litem of such child witness may,
however, move the court to allow him to testify in the manner provided in this Rule.

5. Who is a state witness?

A state witness is one of two or more persons jointly charged with the commission of a crime
but who is discharged with his consent as such accused so that he may be a witness for the
State.

6. What is the difference between a state witness under the rules on criminal
procedure and a state witness under RA 6981?

Witness Protection Program (RA Rules of Court (Sec. 17, Rule 119)
6981)
The offense in which the testimony It has no qualification. It applies to
is to be used is limited only to all felonies.
grave felony under the RPC or its
equivalent under special law.

The witness is automatically The witness so discharged must

entitled to certain rights and still apply for the enjoyment of
benefits said rights and benefits in the DOJ

The witness need not be charged He is charged in court as one of the

elsewhere accused as stated in the
information
No information may thus be filed The charges against him shall be
against the witness dropped and the same operates as
an acquittal

Any member of the family of the This is not required

person applying for admission
within the second civil degree of
consanguinity or affinity is
subjected to threat of his life or
bodily injury or there is a
likelihood that he will be killed,
forced, intimidated, harassed or
corrupted to prevent him from
testifying or to testify falsely or
evasively on account of his
testimony

The witness applying is not a law There is no such limitation. One

enforcement officer. can be discharged as a witness
whether he is a law enforcement
officer or not.

The immunity is granted by DOJ. The Court grants the immunity

 7. Who is a hostile witness?

A witness may be considered as unwilling or hostile only if so declared by the court upon
adequate showing of his adverse interest, unjustified reluctance to testify, or his having misled
the party into calling him to the witness stand

8. What are the qualifications of a witness?

Section 21. Witnesses; their qualifications. — All persons who can perceive, and perceiving,
can make their known perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the case, or conviction of a crime
unless otherwise provided by law, shall not be ground for disqualification.

9. Who is a competent witness?

A witness who is not legally disqualified from testifying in courts of justice, by reason
testifying in courts of justice, by reason of mental incapacity, interest on the commission of
crimes, or other cause excluding him from testifying generally, or respect of the particular
subject matter, or in the particular suit.

10.Who is a credible witness?

A witness who testified in clear, positive and convincing manner and remained consistent in
cross-examination. Credibility goes to the character of the witness to be believable or not.
This goes to the truth of the testimony. It includes the ability of the witness to inspire belief or
not. Also refers to the weight and trustworthiness or reliability of the testimony.

11.Disqualification of Witnesses:
a. What is an absolute disqualification from being a witness?
- The person is disqualified from being a witness due to a physical or mental
cause

b. What is a relative disqualification from being a witness?

- The witness is disqualified from testifying only on certain matters but not as to
others facts

12.Give five grounds for the absolute disqualification of a witness. Give the
requisites for the application of each.

a . Disqualification by reason of immaturity

To be disqualified as a witness by reason of immaturity, the following must concur:

1. the mental maturity of the witness must render him incapable of perceiving the facts
respecting which he is examined; and
2. he is incapable of relating his perception truthfully.

b. Marital disqualification
i. The spouse for or against whom the testimony is offered is a party to
the case
 ii. The spouses are validly married
iii. The testimony is one that is offered during the existence of the
marriage
iv. The case is not one of the exception provided in the rule
c. Parental Testimonial Privilege – parents may not be compelled to testify against
their children or other direct descendants.

d. Filial Testimonial Privilege – a person cannot be compelled to testify against his

parents or other direct ascendants.

13. Give five grounds for the relative disqualification of a witness. Give the
requisites for the application of each.

a. Marital privilege communication

1. There must be a valid marriage between husband and wife
2. There is a confidence communication received by one from the other, and
3. The confidence communication was received during the marriage.
b. Attorney-client privilege communication
1. There must be a communication made by the client to the Attorney or an advice given
by the Attorney to his client
2. It must be in confidence, and
3. The communication or advice must be given either in the course of professional
employment or with a view of professional employment.

c. Priest-pertinent privilege communication

1. The communication must have been made to the priest or minister in his professional
capacity according to the discipline of the church to which the priest or minister belongs, and
2. The communication made must be confidential in character.

d. Privilege communication with respect to a public officers

1. The communication must have been made to a public officer
2. It must be made on official confidence, and
3. The public interest would suffer by the disclosure of the communication.

e. presidential communications privilege

1. Must relate to a “quintessential and nondelegable presidential power;”
2. Must be authored or “solicited and received” by a close advisor of the President or the
President himself; and
3. Privilege may be overcome by a showing of adequate need such that the information sought
“likely contains important evidence” and by the unavailability of the information elsewhere
[Neri v. Senate, G.R. No.180643 (2008)]

14.What is the difference between testimonial privilege and testimonial

disqualification?

Testimonial Privilege Under Sec. 25, no person may be compelled to testify against his or her
parents, other direct ascendants, children or other direct descendants, except when such
testimony is indispensable in a crime against that person or by one parent against the other.
The new rule incorporates Article 215 of the Family Code, which is mandatory in character
(as compared to the directory character of the old rule), and provides for the exception when
testimony may be compelled, i.e. when the testimony is indispensable in a crime against
person or by one parent against the other.  Under the section 26, a person cannot be compelled
to testify about any trade secrets, unless the non-disclosure will conceal fraud or otherwise
work injustice. When disclosure is directed, the court shall take such protective measures the
interest of the owner of the trade secrets and of the parties and the furtherance of justice may
require. 
Testimonial Disqualification Under Sec. 23, during their marriage, neither the husband or the
wife cannot testify for or against the other without the consent of the affected spouse, except
in a civil case by one against the other, or in criminal case for a crime committed by one
against the other or the latter’s direct descendants or ascendants. This means that with or
without the consent of the affected spouse, the other spouse may now testify in favor of the
former. 

15.What is the difference between parental testimonial privilege and filial

testimonial privilege?

The parental privilege rule, embodied in Sec. 25, Rule 130, Rules of Court, reads: "No person
may be compelled to testify against his children or other direct descendants." Any person
against his children or other direct descendants

The filial privilege rule, embodied in Sec. 25, Rule 130, Rules of Court, reads: No person may
be compelled to testify against his parents or other direct ascendants. Any person against his
parents or other direct ascendants

16.What is a privileged communication?

A privilege communication refers to conversation that takes place within the context of a
protected relationship, such as that between an attorney and client, a husband and wife, a
priest and penitent, and a doctor and patient. The law often protects against force disclosure of
such conversations.

17.What are the obligations of a witness?

A witness has an obligation to answer questions, although his answer may tend to establish a
claim against him.
Under Section 4 of RA. No. 6981, a witness has the following responsibilities:
a) to testify before and provide information to all appropriate law enforcement officials
concerning all appropriate proceedings in connection with or arising from the activities
involved in the offense charged;
b) To avoid the commission of the crime;
c) To take all necessary precautions to avoid detection by others of the facts concerning the
protection provided him under this Act;
d) to comply with legal obligations and civil judgments against him;
e) to cooperate with respect to all reasonable requests of officers and employees of the
government who are providing protection under this act; and
f) to regularly inform the appropriate program official of his current activities and address.

18.What are the rights of a witness?

The following are the rights of a witness:
a) To be protected from irrelevant, improper, or insulting questions, and from
harsh or insulting demeanor;
b) Not to be detained longer than the interests of justice requires;
c) Not to be examined except only as to matters pertinent to the issue;
d) Not to give an answer which will tend to subject him to a penalty for an
offense; and
e) Not to give an answer, which will tend to 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.

B. Admissions and Confessions

1. What is an admission?

An act, declaration or omission of a party as to a relevant fact from which guilt may be
inferred but not sufficient to establish guilt which may be given in evidence against him/her.
(basically, the little brother of confession)

2. What is an extrajudicial admission?

An extrajudicial admission is an admission made out of court.

3. What are the requisites for the admission of an extrajudicial admission?

The following are the requisites:

a) Involve matters of fact and not of law;
b) Be categorical and definite;
c) Be knowingly and voluntarily made; and
d) Be adverse to the admitter’s interest otherwise it would be self-
serving.

4. How may an admission be made?

a) Judicially - admissions can be made by parties in their pleadings, or in

the course of judicial trial; or
b) Extra-judicially – admissions are made by the parties out of court
relative to an occurrence, circumstance or even relevant to a fact in
issue.

5. Is an implied admission admissible in evidence?

Yes. An admission may be implied like and admission by silence. Admission by silence has
been traditionally received, even in common law, as admissible evidence.
6. When may an offer of compromise be considered an admission?

An offer of compromise may be considered as an admission in criminal cases. It is received in

evidence as an implied admission of guilt.
 7. What is an admission by silence?
An act or declaration made in the presence and within the hearing or observation of a party
who does or says nothing when act or declaration is such as naturally to call for action or
comment if not true, and when proper and possible for him or her to do so, may be given in
evidence against him or her.
8. What is an adoptive admission?

It is a party’s reaction to a statement or action by another person when it is reasonable to

treat the party’s reaction as an admission of something stated or implied by other person. A
third person’s statement becomes the admission of the party embracing or espousing it.

9. How is an adoptive admission made?

Adoptive admission is where a party, by his words or conduct, voluntarily adopts or ratifies
another’s statement. Evidence of statement would be then be admissible against the party.
10.How is an adoptive admission different from an admission by silence?

An adoptive admission is a party’s reaction to a statement or action by another person when it

is reasonable to treat the party’s reaction as an admission of something stated or implied by
the other person (ESTRADA vs. DESIERTO 356 SCRA 108)

Adoptive admission can either be adoption by positive conduct or adoption by silence.

Adoption by positive conduct refers to a conduct manifesting a party’s belief in the

truthfulness of the statement of a third person by expressly or implicitly concurring with it; or
responding in such a way that manifests adoption of the statement; while adoption by silence
refers to a party’s refusal to refute an accusatory statement that a reasonable person would
refute under the same or similar circumstances.

11.When may person be prejudiced by the admission of another?

Generally, The rights of a party cannot be prejudiced by an act, declaration, or omission of

another ( Sec. 29, Rule 130).

Except when:
Section 30. Admission by co-partner or agent. — The act or declaration of a partner or
agent authorized by the party to make a statement concerning the subject, or within the scope
of his or her authority and during the existence of the partnership or agency, may be given in
evidence against such party after the partnership or agency is shown by evidence other than
such act or declaration. The same rule applies to the act or declaration of a joint owner, joint
debtor, or other person jointly interested with the party.

Section 31. Admission by conspirator. — The act or declaration of a conspirator in

furtherance of the conspiracy and during its existence may be given in evidence against the
co-conspirator after the conspiracy is shown by evidence other than such act of declaration.

Section 32. Admission by privies. — Where one derives title to property from another,
the latter’s act, declaration, or omission, in relation to the property, is evidence against the
former if done while the latter was holding the title.
Section 33. Admission by silence. — An act or declaration made in the presence and within
the hearing or observation of a party who does or says nothing when the act or declaration is
such as naturally to call for action or comment if not true, and when proper and possible for
him or her to do so, may be given in evidence against him or her
12.May an admission in a counter-affidavit submitted during a preliminary
investigation be admitted in evidence?

The Constitution bars the admission in evidence of any statement extracted by the police from
the accused without the assistance of competent and independent counsel during a custodial
investigation. However, a counter-affidavit voluntarily... presented by the accused during the
preliminary investigation, even if made without the assistance of counsel, may be used as
evidence against the affiant. (JOSUE R. LADIANA v. PEOPLE, GR No. 144293, 2002-12-
04)

13.Give the differences between an admission and a confession.

Admission may be express or implied; while confession may not be done impliedly.

Admission is an act, declaration or omission of a party as to a relevant fact; while confession

is a declaration of an accused acknowledging his guilt of the offense charged.

Confessions
1. What is a confession?
The declaration of an accused acknowledging his or her guilt of the offense charged, or of any
offense necessarily included therein, may be given in evidence against him or her.
2. What are the different kinds of confession?
The different kinds of confession are:
a. Judicial confession; and
b. Extrajudicial confession.
3. What are the requisites for the admission of an extrajudicial
confession?
The Court has consistently held that an extrajudicial confession, to be admissible, must satisfy
the following requirements: "
(1) the confession must be voluntary;
(2) it must be made with the assistance of a competent and independent counsel, preferably of
the confessant's choice; (3) it must be express; and
(4) it must be in writing." (PEOPLE v. JOSE ARMANDO CERVANTES CACHUELA G.R.
No. 191752)
4. What are interlocking confessions?

Interlocking confessions are extra-judicial confessions independently made without collusion

which are identical with each other in their essential details and are corroborated by other
evidence on record are admissible as circumstantial evidence against the person implicated to
show the probability of the latter's actual participation in the commission of the crime.

C. Examination of Witnesses

1. Why must testimonies be given in open court?

Heirs of Teresita Villanueva vs. Heirs of Petronila Syquia Mendoza G.R. No. 209132 dated
June 5, 2017

Testimonies must be given in open court because an open court examination allows the court
the opportunity to observe the demeanor of the witness and allows the adverse party to cross-
examine the witness.

The Court gives the highest respect to the RTC's evaluation of the testimony of the witnesses,
considering its unique position in directly observing the demeanor of the witnesses on the
stand. From its vantage point, the trial court is in the best position to determine the
truthfulness of witnesses. It is established that the evaluation of the credibility of witnesses
and their testimonies is a matter best undertaken by the trial court because of its unique
opportunity to observe the witnesses firsthand and to note their demeanor, conduct, and
attitude under grueling examination. These are important in determining the truthfulness of
witnesses and in unearthing the truth, especially in the face of conflicting testimonies. Indeed,
the emphasis, gesture, and inflection of the voice are potent aids in ascertaining the witness's
credibility, and the trial court has the best opportunity to take advantage of the same. Said
aids, unfortunately, cannot be incorporated in the records. (Heirs of Teresita Villanueva vs.
Heirs of Petronila Syquia Mendoza G.R. No. 209132 dated June 5, 2017)

2. In what form may a testimony be made?

Testimony may be oral or written, and usually made under oath or affirmation under penalty
of perjury.

3. What are the exceptions to the rule that testimonies must be given
orally?

The answers of the witness shall be given orally except in the following instances:
a. the witness is incapacitated to speak;
b. the question calls for a different mode of answer;
c. in civil cases, by depositions;
d. in criminal cases, by depositions or conditional examinations;
e. on Summary Procedure, the affidavits of the parties shall constitute the direct testimonies of
the witnesses who executed the same; and
f. under the Judicial Affidavit Rule, the judicial affidavit shall take the place of direct
testimonies of witnesses.

4. What is the difference between an oath and an affirmation?

An oath is an outward pledge made under an immediate sense of responsibility to God or a

solemn appleal to the Supreme Being in attestation of the truth of some statement; while an
affirmation is a substitute for an oath, and is a solemn and formal declaration that the Witness
will tell the truth.

5. Why must a witness be sworn?

To tell the truth and nothing but the truth about his testimony and to remember that there is a
penalty for telling a lie.
 6. What are the duties of a witness?
.
a. To testify – A witness may be considered as unwilling or hostile only
if so declared by the court upon adequate showing of his or her adverse
interest, unjustified reluctance to testify, or his or her having misled the
party into calling him or her to the witness stand.
b. to answer questions - A witness must answer questions, although his or
her answer may tend to establish a claim against him or her.
c. to answer truthfully

7. Who shall examine the witness?

The witness may be examined by his counsel or by the opposing counsel.

8. What is a voir dire examination under the Philippine setting?

Voir dire examination occurs when the adverse party challenges the competency of the
witness, then the trial judge examines the witness to determine whether the witness is
competent to testify in court

9. What is the procedure in conducting a competency test for a child

witness?

Every child is presumed qualified to be a witness.

However, the court shall conduct a competency examination of a child,
1. Motu Proprio or
2. Upon motion of a party,
When it finds that substantial doubt exists regarding the ability of the child to perceive,
remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the
truth in court.

To rebut the presumption of competence enjoyed by a child, the party seeking a competency
examination has the burden of proof and must present proof of necessity of competency
examination.

the judge shall conduct the competency test attended by the judge himself and necessary
personnel, the counsel for parties, the guardian ad litem, support persons or the defendant
himself, unless the court determines that competence can be fully evaluated in his absence.
The questions asked at the competency examination shall be appropriate to the age and
developmental level of the child to test the ability of the child to remember, communicate,
distinguish between truth and falsehood, and appreciate the duty to testify truthfully.

10. What are the purposes of :

a) Direct examination
Sec. 5, Rule 132. Direct examination is the examination-in-chief of a witness by the party
presenting him or her on the facts relevant to the issue.
The purpose of a direct examination is to ask questions that develop a subject in a logical
sequence. It is important to listen to both the questions and the answers, so that the next
question continues developing the subject in a logical sequence.

b) Cross-examination
Sec. 6, Rule 132. Cross-examination; its purpose and extent. – Upon the termination of the
direct examination, the witness may be cross-examined by the adverse party on any relevant
matter, with sufficient fullness and freedom to test his or her accuracy and truthfulness and
freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the
issue

c) Re-direct examination
Sec. 7, Rule 132. Re-direct examination; its purpose and extent. – After the cross-examination
of the witness has been concluded, he or she may be re-examined by the party calling him or
her to explain or supplement his or her answers given during the cross-examination. On re-
direct examination, questions on matters not dealt with during the cross-examination may be
allowed by the court in its discretion.

d) Re-cross examination
Section 8. Re-cross examination. – Upon the conclusion of the re-direct examination, the
adverse party may re-cross-examine the witness on matters stated in his or her re-direct
examination, and also on such other matters as may be allowed by the court in its discretion.

11. What is a judicial affidavit?

It is a written sworn statement of a witness which takes the place of direct testimonies of
witnesses. The affidavits shall state only facts of direct and personal knowledge of the affiants
which are admissible in evidence, if not, such affidavit or portion thereof shall be expunged
from the record.

12. What are the rules on the application of the Judicial Affidavit Rule in:

a) civil cases

This Rule shall apply to all actions, proceedings, and incidents requiring the reception of
evidence. However, the Rule shall not apply to small claims cases under A.M. 08-8-7-SC.

b) criminal cases

Section 9 of the Judicial Affidavit Rule. Application of rule to criminal actions. - (a) This rule
shall apply to all criminal actions:
(1) Where the maximum of the imposable penalty does not exceed six years;
(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty
involved; or
(3) With respect to the civil aspect of the actions, whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days
before the pre-trial, serving copies if the same upon the accused. The complainant or public
prosecutor shall attach to the affidavits such documentary or object evidence as he may have,
marking them as Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or
object evidence shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of
the prosecution, he shall have the option to submit his judicial affidavit as well as those of his
witnesses to the court within ten days from receipt of such affidavits and serve a copy of each
on the public and private prosecutor, including his documentary and object evidence
previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct
testimonies of the accused and his witnesses when they appear before the court to testify.

13. When may a witness be allowed to use a memorandum?

A witness may be allowed to refresh his memory respecting a fact, by anything written or
recorded by himself or under his direction at the time when the fact occurred, or immediately
thereafter, or at any other time when the fact was fresh in his memory and knew that the same
was correctly written or recorded; but in such case the writing or record must be produced and
may be inspected by the adverse party, who may, if he chooses, cross examine the witness
upon it, and may read it in evidence. So, also, a witness may testify from such writing or
record, though he retains no recollection of the particular facts, if he is able to swear that the
writing or record correctly stated the transaction when made; but such evidence must be
received with caution. 

14. Define the two kinds of memoranda.

a. Past recollection recorded is where the witness can't recall the incident
but a written record adopted by witness at the time is admitted in place
of witness’ testimony

b. Present recollection revived; stimulus attempts to revive current

memory - doesn't need to be admitted into evidence

15. What is impeachment of a witness?

Impeachment is basically a technique employed usually as part of the cross-examination to

discredit a witness by attacking his credibility.

16. Who may be impeached as witnesses?

The following may be impeached as witnesses:

d. an unwilling or hostile witness; or
e. a witness who 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.

17. How may a witness be impeached?

a. By contradictory evidence;
b. By evidence that his general reputation for truth, honesty or integrity is bad;
c. By evidence that he has made at other times statements inconsistent with his present
testimony.
 18. What is the difference between “laying the predicate” and “laying the
foundation”?

In Laying the Predicate it is refers only to impeachment of a witness through prior

inconsistent testimonies, whereas in Laying the Foundation is that the memory of the witness
is refreshed by the necessary inquiries, which enables him to explain the statements referred
to, and to show that they were made under mistake, or that there was no discrepancy between
them and his/her testimony.

19. What is the One Day Examination of Witness Rule?

The One-Day Examination of Witness Rule - a witness has to be fully examined in one (1)
day only, shall be strictly adhered to subject to the courts' discretion during trial on whether or
not to extend the direct and/or cross-examination for justifiable reasons.

20. When may the testimony of a witness be expunged from the record?

On proper motion of the parties, the court may order the striking out of the testimony of the
witness which are incompetent, irrelevant or otherwise improper.

21. When may a witness be recalled?

After the examination of a witness by both sides has been concluded, the witness cannot be
recalled without leave of the court. The court will grant or withhold leave in its discretion, as
the interests of justice may require.( Sec. 9, Rule 132)

A witness may be recalled:

a. On Motion By a party: This is not a right but the recall must be addressed to the discretion
of the court and  the recall must be on justifiable grounds. 
b.  By the Court: If there be matter it wishes to clarify

D. Rules on Testimonies

1. What is testimonial knowledge?

Testimony generally confined to personal knowledge; hearsay excluded.

2. Give and define the common rules or doctrines regarding testimonial

evidence.

Use Immunity - prohibits use of witness’ compelled testimony and its fruit in any manner in
connection with the criminal prosecution of the witness. It does not render a witness immune
from prosecution despite invocation of right against self -incrimination

Transactional Immunity - grants immunity to the witness from prosecution for an offense to
which his compelled testimony relates.
Right against self-incrimination is granted only in favor of individuals, hence, a corporation
cannot invoke that privilege as the question testimony can come only from a corporate officer
or employee who has a personality distinct from that of the corporation.

Right against self-incrimination extends to administrative proceedings with a criminal or

penal aspect.

3. Hearsay Rule
a. What is hearsay evidence?

Hearsay evidence is a statement other than the one made by the declarant while testifying at a
trial or hearing, offered to prove the truth of the facts asserted therein

b. What are the forms of hearsay evidence?

Hearsay evidence may be:

(1) an oral or written assertion or
(2) a non-verbal conduct of a person, if it is intended by him or her as an assertion.

c. What is the Hearsay Rule?

A witness can testify only to those facts which he knows of his personal knowledge; that is,
which are derived from his own perception, except as otherwise provided in the rules on
evidence.

d. Why is hearsay evidence excluded?

The rule excluding hearsay evidence testimony rests mainly on the ground that:
1. The adverse party is not given an opportunity to cross-examine the person to whom
statements or writings are attributed (Marina Port Services, Inc. v. American Home Assurance
Corporation); and
2. The court is without opportunity to test the credibility of hearsay statements by observing
the demeanor of the person who made them. (People v. Padit)

e. What are the requisites of hearsay evidence?

Elements
1. Declarant is out of court
2. Out of court declaration is offered as proof
of its contents
3. Absence of opportunity for cross- examination

f. What is an independently relevant statement?

It is an statements or writings attributed to a person not on the witness stand, which are being
offered not to prove the truth of the facts stated therein, but only to prove that such were
actually made.

g. Exceptions to the Hearsay Rule:

 i. What is a dying declaration?
The declaration of a dying person, made under the consciousness of an impending death, may
be received in any case wherein his death is the subject of inquiry, as evidence of the cause
and surrounding circumstances of such death. (Sec. 37, Rule 130)

A dying declaration is an evidence of the highest order; it is entitled to the utmost credence on
the premise that no xxx person who knows of his impending death would make a careless and
false accusation. At the brink of death, all thoughts on concocting lies disappear. (People v.
Cabtalan)

ii. What are requisites of a dying declaration?

1. Declaration of a dying person

2. It was made under the consciousness of an impending death
3. It may be received in any case wherein his or her death is the subject of the inquiry, as
evidence of the cause and the surrounding circumstances of death
4. Declarant would have been competent as witness if he had survived, and
5. Declarant should have died.

iii. Why is a dying declaration considered hearsay?

Dying declaration is considered as hearsay because

(a) the declarant is out of court,
(b) the out of court declaration is offered as proof of its contents, and
(c.) the other party against whom it is presented is/may be deprived of the opportunity to
cross-examine the person whom the statements are attributed.

iv. Why is a dying declaration admissible?

As a general rule, when a person is at the point of death, every motive to falsehood is silenced
[People v Bacunawa, G.R. No. 136859 (2001)]
The law considers the point of death as a situation so solemn and awful as creating an
obligation equal to that which is imposed by an oath administered by the court. [People
v.Cerilla, G.R. No. 177147 (2007)]

The admissibility of an ante mortem declaration is not affected by the fact that the declarant
died hours or several days after making his declaration. It is sufficient that he believes himself
in imminent danger of death at the time of such declaration [Herrera, citing People v. Ericta
77 SCRA 199]
The rule is that, in order to make a dying declaration admissible, a fixed belief in inevitable
and imminent death must be entered by the declarant. It is the belief in impending death and
not the rapid succession of death in point of fact that renders a dying declaration admissible.
The test is whether the declarant has abandoned all hopes of survival and looked on death as
certainly impending.

v. What does res gestae mean?

It literally means things done. It refers to circumstances which are the undersigned incident of
a particular litigated act and which are admissible when illustrative of such act.
 vi. What are included as parts of the res gestae?

Section 42: Part of the res gestae- Statements made while a startling occurrence is taking place
or immediately thereafter, or subsequent thereto, with respect to the circumstances thereof,
may be given in evidence as part of the res gestae. So also, statements accompanying an
equivocal act and material to the issue, and giving it legal significance, may be received as
part of the res gestae

vii. What is a spontaneous statement?

Those made by a person-whether a participant, victim or spectator- while a startling

occurrence is taking place, or made immediately prior, during or subsequent thereto.

viii. What are the requisites for its admission?

1. There must be a startling occurrence or a happening which was sudden or unexpected and
not anticipated;
2. A statement was made while the event is taking place, or immediately prior to, or
subsequent there;
3. The statement was made before the declarant had the time to contrive or devise a
falsehood; and
4. The statement relates to the circumstances of the startling event or occurrence.

ix. Why is this admissible?

Because natural and spontaneous utterances are more convincing than the testimony of the
same person on the stand.
It is also trustworthy because the statement is made instinctively. The facts speaking through
the party not the party talking about the facts.

x. What is a verbal act?

It is an statement accompanying an equivocal act material to the issue and giving it a legal
significance.

xi. What are the requisites for its admission?

1. The principal act to be characterized must be equivocal;

2. The equivocal act must be material to the issue;
3. The statement must accompany the equivocal act; and
4. The statement gives a legal significance to the equivocal act.

xii. Why is this admissible?

The motive, character and object of an act are frequently indicated by what was said by the
person engaged in the act.

These are utterances, declarations or oral statements which accompany some act or conduct
explains or gives legal significance to the act.
 xiii. What is mean by “res inter alios acta alteri nocere non
debet”?

Things done between strangers ought not to affect a third person, who is a stranger to the
transaction.

xiv. What is the res inter alios acta rule?

That every act or omission results to corresponding consequences which may be beneficial or
harmful. The rule answers the question: Who are bound by an admission and who must bear
the adverse consequences?

xv. What are the two branches of the res inter alios rule? Get all the
terms for these branches.

1) The rule that the rights of a party cannot be prejudiced by an act, declaration, or omission
of another.
2) The rule that evidence of previous conduct or similar acts at one time is not admissible to
prove that one did or did not do the same act at another time. (Propensity evidence

xvi. What are the exceptions to the first branch? Give the requisites
for their admission?

1.Admission by co-partner or agent.

a. The declaration or act of the partner or agent must have been made or done within
the scope of his authority;
b. The celaration or act of the partner or agent must have been made or done during
the existence of the partnership or agency; and
c. The existence of the partnership or agency is proven by evidence other than the
declaration or act of the partner or agent.

2. Admission by a co- conspirator.

a. The declaration or act be made or done during the existence of conspiracy;
b. The declaration or act must relate to the conspiracy; and
c. The conspiracy must be shown by evidence other than such declaration or act.

3. Admission by privies.
a. There must be an act, declaration, or omission by predecessor-in- interest;
b. The act, declaration, or omission of the predecessor must have occurred whule he
was holding the title to the property; and
c. The act, declaration, or omission must be in relation to the property

xvii. What is an adoptive admission?

An adoptive admission is a party’s reaction to a statement or action by another person when it

is reasonable to treat the party’s reaction as an admission of something stated or implied by
the other person.
 xviii. What is the difference between adoptive admission and silent
admission?

adoptive admission is a party’s reaction to a statement or action by another person when it is

reasonable to treat the party’s reaction as an admission of something stated or implied by the
other person. While admission by silence is any act or declaration made in the presence and
within the hearing or observation of a party who does or says nothing

xix. Why are these admissible in evidence?

Because he who is silent appears to consent.

The basis of the admissibility of the admission made vicariously is that arising from
ratification or adaption by the party of the statement which the other party had made or silence
of the party and his non objection thereto can be taken as an admission against him.

xx. What are the exceptions to the second branch?

Evidence of similar acts is admissible for any of the following purposes:

a. specific intent;
b. knowledge;
c. identity;
d. plan;
e. system;
f. scheme;
g. habit;
h. custom;
i. usage;
j. the like.

xxi. For what purposes may a previous conduct be admitted in

evidence?

To prove:
1. Specific intent;
2. Knowledge;
3. Identity;
4. Plan;
5. System;
6. Scheme;
7. Habit;
8. Custom; or
9. Usage.

xxii. Why are these admissible in evidence?

Because evidence of similar acts may frequently become relevant, especially in actions based
on fraud and deceit. Also, because it sheds light on the state of mind or knowledge of a
person, his motive or intent, or they may uncover a scheme, design or plan.
 xxiii. What is a declaration against interest?

The declaration made by a person deceased, or unable to testify, against the interest of the
declarant, if the fact is asserted in the declaration was at the time it was made so far contrary
to declarant's own interest, that a reasonable man in his position would not have made the
declaration unless he believed it to be true, may be received in evidence against himself or his
successors in interest and against third persons.

xxiv. What are the requisites for its admissibility?

It is admissible when:
a. the declaration is one made by a dying person;
b. that the declaration was made by said dying person under a consciousness of his imminent
death;
c. that the declaration refers to the cause and circumstances surrounding the death of the
declarant and not of anyone else;
d. that the declaration is offered in a case where the declarant’s death is the subject of the
inquiry;
e. the delcarant is competent as a witness had he survived; and
f. the declarant should have died.

xxv. Why is this admissible?

This is a well-established exception which finds confirmation in human nature and

experience. People normally speak freely and even with untruth when the statement is in their
interest, but are usually unwilling to speak falsely against their interest.

xxvi. What is pedigree?

Pedigree is the history of family descent which is transmitted from one generation to another
by both oral and written declarations and traditions.

A recording which covers all matters or information relating to a person’s relationship, family
genealogy, birth, marriage, death, the dates when and the places where these facts occurred,
and the names of the relatives.

xxvii. Give the requisites for the admissibility of a declaration about

pedigree.

1. The act or declaration

2. Of a person deceased or unable to testify
3. In respect to the pedigree of another person related to him by birth, adoption, marriage, or
in the absence thereof, with those family he/she was so intimately associated as to be likely to
have accurate information concerning his or her pedigree.
4. May be received in evidence where act or declaration occurred before the controversy, and
5. relationship between the declarant and the person whose pedigree is in question must be
shown by evidence other than act or declaration.

xxviii. Give the requisites for the admissibility of reputation regarding

pedigree.
In order for it to be admissible the following must be present:
1. There is controversy in respect to the pedigree of any
member of the family;
2. The reputation or tradition of the pedigree of the person
concerned existed previous to the controversy; and
3. The witness testifying to the reputation or tradition regarding
pedigree of the person concerned must be a member of the
family of said person either by consanguinity or affinity.

xxix. Give the requisites for the admissibility of tradition regarding

pedigree.

Requisites for Admissibility

a. Witness must be a member, by consanguinity, affinity, or adoption, of the same family as
the subject; and
b. Such reputation or tradition must have existed in that family ante litem motam (before the
controversy) [Sec. 42, Rule 130]

xxx. What is reputation?

Common reputation refers to the prevailing belief in the community as to the existence of
certain facts or aggregate of facts arrived at from the people’s observations, discussions, and
consensus. There is absent serious opposition, adverse or contrary opinion. They are no just
rumors or unverified reports or say-so.

xxxi. How is reputation different from character?

Character refers to the aggregate of the moral qualities which belong to and distinguish an
individual person; while reputation refers to attributes which others believe one to possess or
reputation is what he is supposed to be in accordance with what people say he is, and is
dependent on how people perceive him to be.

xxxii. What is tradition?

Tradition is the way of thinking, behaving, or doing something that has been used by the
people in particular group, family, society etc. for a long time.

xxxiii. What are the requisites for the admission of common

reputation?

1) Facts must be public or general interest;

2) The common reputation must have been more than 30 years old;
3) The reputation must have been on formed among a class of persons who were in a position
to have some sources of information and to contribute intelligently to the formation of the
opinion;
4) The common reputation must have been existing previous to the controversy.
 xxxiv. What are the requisites for the admission of entries in official
records?

In order for it to be admissible the following must be present:

a. Entries were made by a public officer in the performance of his duties or by a person in the
performance of a duty especially enjoined by law;
b. Entrant had personal knowledge of the facts stated by him or such facts were acquired by
him from reports made by persons under a legal duty to submit the same; and
c. Such entries were duly entered in a regular manner in the official records.

xxxv. What are the requisites for the admission of commercial lists?

1. Evidence of statements of matters of interest to persons engaged in an occupation

2. Such statement are contained in a list, register, periodical, or other published compilation
3. Compilation is published for use by person engaged in that occupation, and
4. It is generally used and relied upon by them.

xxxvi. Give five examples of evidence which are similar to

commercial lists.

c. Trade journals reporting current prices and other market data;

d. Mortality tables compiled for life insurance;
e. Abstracts of title compiled by reputable title examining institutions or
individuals;
f. Business directories, animal pedigree registers, and
Inventory of stocks and others.

xxxvii. What is a learned treatise?

Section 48. Learned treatises. — A published treatise, periodical or pamphlet on a subject of

history, law, science, or art is admissible as tending to prove the truth of a matter stated
therein if the court takes judicial notice, or a witness expert in the subject testifies, that the
writer of the statement in the treatise, periodical or pamphlet is recognized in his or her
profession or calling as expert in the subject.

xxxviii. When is a learned treatise not considered hearsay?

1. When the court can take judicial notice of them; or

2. When expert witness testifies that the author of such is recognized as expert in that
profession.

xxxix. What are the requisites for the admission of a learned treatise?

1. It must be a published treatise, periodical or pamphlet on a subject of history, law, science,

or art
2. The court should take judicial notice of them; or
3. Expert witness testifies that the author of such is recognized as expert in that profession

xl. Give 5 instances, not covered by the given exceptions, when

hearsay evidence may be allowed.
a. A statement made by a child describing any act or attempted act of child abuse, not
otherwise admissible under the hearsay rule, may be admitted in evidence subject to the
following rules

b. If the declarant testifies at the trial or hearing and is subject to cross- examination
concerning the statement

c. Business records as exception to the hearsay rule under the Rules on Electronic Evidence

d. A sheriff’s return is an official statement by a public official in the performance of a duty

specially enjoined by law and is prima facie evidence of the facts therein stated. Being an
exception to the hearsay rule, the sheriff need not testify in court as to the facts stated in
said return [Manalo v Robles Trans.Co., GR. No. L- 8171, (1956)]

e. Hearsay evidence, which is generally considered inadmissible under the rules of evidence,
may be considered in a writ of amparo proceeding if required by the unique circumstances
of the case (“totality of the obtaining circumstances”) [Sanchez v. Darroca, G.R. No.
242257 (2019), citing Razon v. Tagitis (2009)]

4. Opinion Rule

a. What is an opinion?

Opinion is an inference or conclusion drawn from facts observed [Black’s Law Dictionary]
This consists of the conclusion or inference of a witness on the existence or non-existence of a
face in issue. The opinion maybe based on facts personally known to him or as relayed to him
by others.

b. What is the difference between an opinion and a conclusion?

Conclusion is a decision that is formed after period of thought or research, whereas in opinion
it is a personal belief, views or judgments on matters.

c. What is the difference between an opinion and an inference?

Opinion is a personal belief, views or judgment on a matters, whereas in inference it is the act
or process of reaching a conclusion about something from known facts or evidence.

d. Why is an opinion generally not admissible?

Opinion is generally not admissible because the witness must testify to facts within their
knowledge and not their based on their opinion.

e. When is an opinion admissible?

Section 52. Opinion of expert witness. — The opinion of a witness on a matter requiring
special knowledge, skill, experience or training or education which he or she shown to
possess, may be received in evidence.
Section 53. Opinion of ordinary witnesses. — The opinion of a witness for which proper basis
is given, may be received in evidence regarding

(a) the identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior, condition or
appearance of a person.

5. Character Evidence

a. What is character?

It is the aggregate of the moral qualities which belong to and distinguish an individual person;
it refers to what a man is and depends on the attributes he possesses.

b. Why character evidence generally not admissible?

Character is highly irrelevant in determining a controversy. If the issues were allowed to be

influenced by evidence of the character or reputation of a party, the trial would have the
aspect of a popularity contest rather than a factual inquiry into the merits of the case. After all
the business of the court is to try the case and not to try the man for a very bad man may have
a very good case, in much the same manner that a very good man may have a very bad case.

c. When is character evidence allowed?

Character evidence is allowed under the following:

(a) In Criminal Cases:
1. The accused may prove his hood 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.
(b) In Civil Cases: Evidence of the moral character of a party in a civil case is admissible only
when pertinent to the issue of character involved in the case.
(c) In the case provided for in Rule 132, Section 14. In criminal and civil cases, evidence of
the good moral character of the witness is not admissible until such character has been
impeached.

d. What are rape shield laws?

Rape Shield Rule - In prosecution for rape, evidence of complainant’s past sexual conduct,
opinion thereof or of his/her reputation shall not be admitted unless, and only to the extent that
the court finds that such evidence is material.
 e. What is a sexual abuse shield?

The following evidence, however, is not admissible in any criminal proceeding involving
alleged child sexual abuse under the “sexual shield” rule:
(a). Evidence to prove that the alleged victim engaged in other sexual behavior; and
(b) Evidence offered to prove the sexual predisposition of the alleged victim.

Under this rule, the accused is not allowed to prove the bad moral character of the offended
party. However, evidence of any of the above is admissible to prove that a person other than
the accused was the source of semen, injury or other physical evidence.

6. Is the Dead Man’s Statute Rule still applicable under the revised rules on evidence?

No, because the disqualification by reason of mental incapacity or immaturity and by reason
of the death or insanity of the adverse party a.k.a. Dead Man’s statute have been deleted in the
2019 Revisions.