RULES ON EVIDENCE: GUIDE QUESTIONS

Atty. Faizal M. Hussin Jr.

1. Define Evidence
a. It is the means;
b. Sanctioned by the Rules of Court;
c. Of ascertaining in a judicial proceeding;
d. The truth respecting a matter of fact.

It is the primary mode and method of proving facts in a judicial proceeding.

2. Where can you find the Rules on Evidence?

The Rules of Court

3. Are the rules on evidence same on all courts and in all trials and hearings?
As a general rule, yes, except as provided for by law or the Rules of Court.

*Discussion on heirarchy of courts and basic court process*

MTC - RTC - CA - SC

Evidence is presented in court by

a. Introducing it during trial, and
b. Formally offering the same after the party has rested its case.

3a. Are the Rules of Evidence applicable only in judicial proceedings? Exceptions?
How are they applied?
Yes, as a general rule. Exceptions are quasi-judicial proceedings which shall
be applied by analogy, or in a suppletory character and whenever practicable and
convenient.

3b. What are quasi judicial proceedings?

These are proceedings which are judicial in character but conducted by
administrative or executive officials (BIR, OMB, DARAB, etc)

3c. Can you give example of laws that governs certain rules on evidence?
Anti Wiretapping Act
New Civil Code
Revised Penal Code
Constitution

4. Define proof.
It is the result or effect of evidence, or, technically stated, this is the result
when the requisite quantum of evidence of a particular fact has been duly
admitted and given weight.

Quantums of Evidence
a. Proof beyond reasonable doubt (Criminal cases)
 b. Clear and convincing proof (Disputing Presumptions of Law, proving
alibis)
c. Preponderance of Evidence (Civil Cases)
d. Susbtantial Evidence (Administrative Cases)

4a. Alex was killed, the investigators found a knife at the crime scene. What is the
evidence and proof in this case?
The evidence is the knife because it can be used in proving a) the method
that caused the death of Alex, b) the one who might have killed him, c) the
circumstances that caused such death.

5. Factum Probandum and Factum Probans, differentiate.

Factum probandum is the ultimate fact or the fact that is sought to be
established. This refers to the proposition or proposal of truth in Court. (Example,
the the fact that A killed B is the factum probandum)
Factum Probans is the evidence or fact by which the factum probandum is
established or proven. This refers to the materials necessary to prove the said
proposals. (Example, the fact that A was the last one seen with the B is the factum
probans)

6. Evidence can be classified in different ways. As to form, they can be classified

into Object(Real), Documentary, and Testimonial evidence. Differentiate the three
and give examples.
Object evidence directly addresses the senses of the court and consists of
tangible things exhibited or demonstrated in open court. In other words, these are
evidence that can be presented in plain view of the court. This is referred to as
"autoptic proference" (optic = vision) since these are presented in court for
observation or inspection (Example: A knife)
Documentary Evidence are those supplied by written instruments or
derived from conventional symbols, such as letters, by which ideas are represented
on material substances. (Example: Birth Certificate)
Testimonial Evidence are those submitted to court through the testimony or
deposition of a witness

6b. What is a deposition? and differentiate it from testimony.

It is a sworn, out-of-court testimony of a witness.

7. Evidence can also be classified as Relevant, Material, and Competent.

Differentiate.
Relevant evidence that has value in reason that can prove any matter
provable in an action. The test in determining w/n it is relevant evidence is whether
it can establish the probability or improbability of a fact. (Exanple: a debt showing
that the A had a motive to kill B)
Material evidence is one directed to prove a fact in issue as determined by
the rules of substantive law and pleadings. The test is w/n the fact it intends to
prove is an issue or not. How to determine w/n the fact is an issue: by pleadings,
orders, and admissions/confessions. Evidence may be relevant but immaterial.
(Example: A knife that was in possession of the accused contained the blood of the
victim. Offering evidence that accused was known as an enemy of the victim who
died is a relevant evidence to prove that he had a motive to commit the crime. But
it cannot be used to prove that he was indeed the killer so it is immaterial)
Competent evidence is one that is not specifically excluded by law.

8. Evidence can also be classified as direct and circumstantial. Differentiate

Direct evidence is one that proves a fact in issue without the assistance of
any inference or presumption. (Example: Testimony of an eyewitness who
personally saw A kill B)
Circumstantial evidence is a proof of a fact or facts from which, taken
singularly or collectively, the existence of a particular fact in dispute may be
inferred as a necessary or probable consequence. (Example: The testimony of a
witness who saw the accused running from the crime scene is circumstantial
evidence)

9. Evidence can also be classified as Cumulative and corroborative. Differentiate.

Cumulative evidence are those of the same kind and to the same state of
facts. (two testimonies by witnesses who saw the accused running away from the
scene of the crime is cumulative)
Corroborative evidence are additional evidence of a different character to
the same point. (One witness saw the accused running away from the crime,
another witness saw the accused with a bloodied shirt)

10. Evidence can also be classified as prima facie and conclusive evidence.
Differentiate
Prima facie evidence is also known as the "best evidence". It is regarded by
law as the best evidence in proving a fact. (The original copy of a birth certificate
is a prima facie evidence)
Conclusive evidence is an evidence which the law does not allow to be
contradicted. (A court order acquitting the accused in conclusive evidence that his
case was dismissed)

11. Primary and Secondary Evidence

Primary evidence = Prima facie evidence
Secondary evidence is inferior to primary evidence and permitted by law
only when the best evidence is not available. It is also known as "substitutionary
evidence".

12. Positive and Negative evidence

Positive evidence is presented to prove that a fact did or did not occur.
Given greather weight due to personal knowledge of the fact.
Negative evidence is presented when the witness did not see or know of the
occurence of a fact. Given lesser weight due to lack of personal knowledge.

13. When is evidence admissible?

When it is relevant(has a connection/relation to the fact in issue) and
competent(not disallowed by law or the rules of court).

14. Evidence on collateral matters, are they allowed to be presented as evidence?

 No, unless it tends in any reasonable degree to establish the probability or
improbability of the fact in issue (example: evidence proving that the accused and
the victim had bad relations. Allowed only to establish the motive of the accused)

15. An evidence, while admissible, has little to no weight in a case (example: in a

murder case, you can provide evidence that the accused is has an agressive
personality, it may be admissible in theory, but it has little to no weight).
Conversely evidence of great weight may also be inadmissible (wiretapping)

16. When is admissibility determined?

At the time it is offered or presented in Court

16a. How is real evidence offered in a case?

When it is presented for view or evaluation or when the party rests his case
and the real evidence consists of objects exhibited in court

16b. Testimonial evidence?

By calling the witness to the witness stand

16c. Documentary?
By offering it to court immediately before he rests his case.

17. When should admissibility of an evidence be objected?

At the time it is offered in court, or as soon as the objection to its
admissibility shall have been apparent. (Objection to qualification of witness = as
soon as such person is called to the stand. Objection to the testimony = at the time
the question is asked or after the answer is given when the objectionable features
become apparent.)

18. What is the principle of conditional admissibility of evidence

An evidence is allowed to be presented for the time being/temporarily,
subject to the condition that its relevancy or connection to other facts will later be
proven, or that the party later submit evidence that it meets certain requirements of
the law or rules.

19. What happens if the conditions are not me?

It is stricken off record.

20. What is the principle of multiple admissibility of evidence?

When a material is asked by a party to be admitted as evidence, the party
presenting it must inform the court of the purpose which the material is intended to
serve and the court then admits the material as evidence. (example, a birth cert to
prove minority and relation to the accused)

21. What is the principle of curative admissibility of evidence?

Also called "fighting fire with fire" or "opening the door", this applies to a
situation when improper evidence was allowed to be presented by one party, then
the other party may be allowed to introduce or present similar improper evidence
but only to cure our counter the prejudicial effect of the opponent's inadmissible
evidence
It is necessary that the party presenting it must have raised objection to the
improper evidence. If not, it is the court's discretion whether to allow it or not.
(example, A v B for a sum of money. A was allowed to show evidence that B did
not pay his debt as shown by his refusal to pay X,Y,Z. Defendant may introduce
evidence that he paid his debts to T,U, and V.)

22. What are collateral matters? (proves related matters but not necessary to the
case)
Those other than the facts in issue and which are offered as a basis for
inference to the existence or non-existence of the facts in issue. As a general rule,
they are inadmissible except when it is a circumstantial evidence htat tends to
establish the probability/improbability of the fact in issue)
Examples: the habit, custom, bad moral character of a person when self
defense is invoked. Motive is generally irrelevant and proof thereof is not allowed
except if the existing evidence is purely circumstantial or when it is an element of
the crime.

23. What is the principle of judicial notice?

It is a rule in the law of evidence that allows a fact to be introduced as
evidence if the truth of that fact is so notorious or well-known that it cannot be
reasonably doubted.

24. Are there classifications with respect to judicial notice? enumerate.

Mandatory judicial notice
a. existence and territorial extent of states, their political history, forms of
government and symbols of nationality.
b. law of nations
c. admiralty and maritime courts of the world and their seals
d. the political constitution and history of the Republic of the Philippines
e. official acts of the legislative, executive, and judicial department of RP
f. laws of nature
g. geographical divisions

Discretionary Judicial Notice

a. Matters of public knowledge
b. Things capable of unquestionable demonstration
c. Things out to be known by judges

25. When is hearing necessary to determine judicial notice?

During trial, the court in its own initiative or at the request of a party may
announce its intention to take judicial notice of any matter and allow the parties to
be heard thereon.
After trial and before judgment/or on appeal, the proper court on its own
initiative or on the request of a party may take judicial notice of any matter and
allow parties to be heard thereon if such matter is decisive of a material issue in the
case.
26. Why is there a need to conduct a hearing on judicial notice?
To afford the parties opportunity to present information relevant to the
propriety of taking such judicial notice

27. Are courts of justice required to take judicial notice of laws?

Yes, as a general rule, except in case of ordinances; in such case, MTCs of
the cities are required to take JN of the ordinances of such city/municipality; RTCs
on the other hand, should take JN only when required to do so by the ordinance.

28. Are Courts required to take JN of decisions of the Supreme Court?

Yes. for obvious reasons.

29. Is it necessary that matters of JN be actually known to the judge?

No. The judge may, at his discretion, inform himself in any way which may
seem best to him and act accordingly.

30. Can you take JN of foreign laws? Why?

No. Existence of foreign laws is a question of fact, and not a question of law.
Except if the laws are within the actualy knowledge of the court either because
they are generally known or have been ruled upon in other cases before it and none
of the parties object.

31. How can a written foreign law be proved?

By presenting an official publication or a duly attested and authenticated
copy thereof.

32. How can an unwriten foreign law be proved?

Through
a. A published treaty
b. A periodical or pamphlet on the subject of such law
c. Written testimony of an expert on such laws.

33. What is the Doctrine of Processual Presumption?

Unless proven otherwise, the foreign law is presumed to be the same as that
in the Philippines.

34. What are Judicial Admissions?

An admission, verbal or written, made by a party in the course of the
proceedings in the same case, which does not need to be proven with respect to the
matter or fact admitted.

35. Can you contest your own judicial admission?

As a general rule, No. Exception is when it was made through palpable
mistake or when no such admission was made.

36. When can a statement be considered a judicial admission?

If it is made in the same case in which it is offered (meaning a judicial
admission in another unrelated case cannot be used as a general rule).
 Exception is when such admission is pertinent/relevant/important to the
issue involved and there is no objection from either party.

37. Distinguish between judicial and extrajudicial admissions.

Judicial admission are those made during the course of a proceeding (may
be oral or written)
Extrajudicial admissions are those made out of court, hence EXTRA.

38. What are the rules on Extrajudicial Admissions? Are they disputable?
EJA or other admissions are, as a rule, disputable.

39. Are withdrawn pleadings considered extra judicial admissions?

Yes. However, it must be proved by formally offering the original pleading
as evidence.

Rule 130 - Rules of Admissibility

40. When may object evidence that is repulsive or indecent still be viewed by
Court?
If necessary in the interest of justice and accordingly, the public may be
excluded from its view (meaning, only the Court can view the evidence)

41. What does object evidence include?

Those that can be perceived by the five senses: auditory, tactile, gustatory,
olfactory, and autoptic.

42. Can Documents be considered evidence?

Yes, if the purpose of their introduction is to prove their existence or
condition, or the nature of the handwritings thereon or to determine the paper used,
or the blemishes and alterations thereon.
If the contents of the documents are being proved, then they are considered
as documentary evidence.

43. What is the best evidence rule (primary evidence rule)?

When the subject of the inquiry is the contents of the document, no evidence
shall be admissible other than the original document itself. The law requires the
highest grade of evidence obtainable to prove an issue.

43b. Where does the best evidence rule apply?

To documentary evidences only and where its contents are in issue. It does
not apply when the issue is the document's existence or execution or the
circumstances surrounding it.

43c. Is a signed carbon copy executed at the same time as the original covered by
the best evidence rule?
Yes, it is also referred to as a "duplicate original"

44. What is the original of the document?(Sec. 4, Rule 130)

a. One the content of which are the subject of inquiry
 b. When a document is in two or more copies executed at or about the same
time, with identical contents (all copies are equally regarded as originals)
c.When an entry is repeated in the regular course of business or copied from
another original at or near the time of the transaction (all entries are
considered as originals).

45. Any exceptions to the best evidence rule? (Secondary Evidence)

a. When the original has been 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 control of the adverse party
and he fails to produce it after reasonable notice.
c. When the original consists of numerous accounts or other documents
which cannot be examined in court without great loss of time
d. When the original is a public record or in the custody of a public officer or
is recorded in a public office.

45a. What must be proved by satisfactory evidence in order for the Court to admit
Secondary Evidence?
a. Due execution of the original
by the person who executed it
by the person who acknowledged its execution
any person who saw it executed and delivered (recognized signatures)
by the person who the parties previously confessed it execution
b. Loss, destruction or unavailability of all such originals
must not be caused by the offerror's bad fait
proven by the person who knew the fact of destruction
c. Reasonable diligence and good faith in searching or attempting to produce
the original

46. Define Parol Evidence

Any evidence aliunde (oral or written), which is intended or tens to vary or
contradict a complete and enforceable agreement in a document

46b. What is the Parol Evidence Rule?

When the parties have reduced their agreement into writing, all their
previous and contemporaneous agreements on the matter are merged therein.
Hence, a prior or contemporaneous verbal agreement is not admissible to
vary, contradict, or defeat the operation of a valid instrument.
There can be, between the parties and their successors in interest, no
evidence of such terms other than the contents of the written agreement.

However, a party may present evidence to, a) modify, explain or add to the
terms of written agreement, and b) if the puts in issue in his pleading
 RULES ON EVIDENCE: GUIDE QUESTIONS Pt. 2
Sec. 1 to 25, Rule 130, Rules of Court

Rule 130 - Rules of Admissibility

A. Object Evidence

47. Can an object evidence that is repulsive or indecent still be viewed by Court?
Yes if it is necessary in the interest of justice and accordingly, the public
may be excluded from its view (This means that only the Court can view
repuslive/indecent evidence such as sex videos)

48. What does object evidence include?

Those that can be perceived by the five senses: auditory(sound),
tactile(touch), gustatory(taste), olfactory(smell), and autoptic(sight).

B. Documentary Evidence

49. Can Documents be considered object evidence?

Yes, if the purpose of their introduction is to prove their existence or
condition, or the nature of the handwritings thereon or to determine the paper used,
or the blemishes and alterations thereon. If the contents of the documents are being
proved, then they are considered as documentary evidence.

Proving the existence or execution of a document = object evidence

Proving the contents/intepretation of the document = documentary evidence

50. What is the best evidence rule (primary evidence rule)?

When the subject of the inquiry is the contents of the document, no evidence
shall be admissible other than the original document itself. The law requires the
highest grade of evidence obtainable to prove an issue.

(This means that except as provided for by law, only the original document
should be presented in Court if the issue is the contents of the document)

50b. Where does the best evidence rule apply?

To documentary evidences only and where its contents are in issue. It does
not apply when the issue is the document's existence or execution or the
circumstances surrounding it.

50c. Is a signed carbon copy executed at the same time as the original covered by
the best evidence rule?
Yes, it is also referred to as a "duplicate original"

51. What is the original of the document?(Sec. 4, Rule 130)

a. One the content of which are the subject of inquiry (the issue is the
content/interpretation of the document)
 b. When a document is in two or more copies executed at or about the same
time, with identical contents (there are two or more original copies made at
the same time. all of them are treated as originals)
c.When an entry is repeated in the regular course of business or copied from
another original at or near the time of the transaction (all entries are
considered as originals). Examples of entries repeated in the regular course
of business are receipts.

52. Any exceptions to the best evidence rule? (Secondary Evidence)

a. When the original has been lost or destroyed, or it cannot be produced in
court without bad faith on the part of the offeror.
b. When the original is in the custody or under control of the adverse(other)
party and he fails to produce it after reasonable notice.
c. When the original consists of numerous accounts or other documents
which cannot be examined in court without great loss of time
d. When the original is a public record or in the custody of a public officer or
is recorded in a public office.

52a. What must be proved by satisfactory evidence in order for the Court to admit
Secondary Evidence?
a. Due execution of the original
i. by the person who executed it
ii. by the person who acknowledged its execution
iii. any person who saw it executed and delivered (recognized
signatures)
iv. by the person who the parties previously confessed it execution
b. Loss, destruction, or unavailability of all such originals not caused by the
offerror's bad faith and proven by the person who knew the fact of
destruction.
c. Reasonable diligence and good faith in searching or attempting to produce
the original

53. Define Parol Evidence

Any evidence aliunde (oral or written), which is intended or tends to vary or
contradict a complete and enforceable agreement in a document.

53b. What is the Parol Evidence Rule?

When the parties have reduced their agreement into writing, all their
previous and contemporaneous agreements on the matter are merged therein.
Hence, a prior or contemporaneous verbal agreement is not admissible to
vary, contradict, or defeat the operation of a valid instrument.
There can be, between the parties and their successors in interest, no
evidence of such terms other than the contents of the written agreement.

This means that when there is a written agreement between two parties and
the issue in the case is the agreement itself, verbal agreements made before or at
the same time as the written agreement cannot be admitted by the court as evidence
to contradict the agreement.
53c. What are the requisites for the Admissibility of Parol Evidence?
a. There is a valid contract
b. The terms of the agreement were reduced into writing
c. The controversy/issue must be between the parties to the agreement and
the case.
d. There is a dispute as to the terms of the agreement

Parol Evidence Rule Best Evidence Rule

Existence Presupposes that the original Contemplates a situation
of the document is available in Court where the original writing is
Original not available or there is an
issue whether or not the said
writing is the original
What does Prohibits the varying of the terms of Prohibits the introduction of
it prohibit? the written agreement secondary evidence
Where does Applies only to documents which Applies to all kinds of
it apply? nare contractual in nature or "written writings
agreements"
Who/when Can be invoked only when there is a Can be invoked by any
can it be controversy between the parties to the party even if they did not
raised? written agreement participate or sign in the
document presented

53d. Is there are exception to the Parol Evidence Rule?

A party may present evidence to, a) modify, explain or add to the terms of
written agreement, and b) if he puts in issue in his pleading:
1. Intrinsic ambiguity, mistake or imperfection in the written agreement (see
the definition of intrinsic ambiguity below);
2. The failure of the written agreement to express the true intent and
agreement of the parties;
3. The validity of the written agreement(capacity of the parties, existence of
fraud, simulated/fictitious contracts, illegality/legality of contract); or
4. The existence of other terms agreed to by the parties or their successors in
interest AFTER the execution of the written agreement.

Ambiguity
When something is open to more than one interpretation

Intrinsic/Latent Ambiguity (Curable by Parol Evidence)

- When the writing/document itself is clear and unambiguous but there are
collateral matters or circumstances which makes the meaning uncertain
 - When the writing/document has two or more constructions/interpretations
(Ex. "I give my estate to Mary" [I have three cousins named Mary])

Patent or Extrinsic Ambiguity (Not curable by Parol Evidence)

- Ambiguities that are apparent on the face of the writing and requires
something to be added in order to ascertain its meaning (Ex. "I give my estate to
my cousin")

54. How should an instrument/document/contract/writing be construed? (Sec. 11 to

Sec. 19, Rule 130)
- It should be constructed in a way that it can give effect to all its provisions.
- It should also be construed acording to the intention of the parties
- It should take into consideration the circumstances under which it was
made
- When an instrument consists partly of written words and partly of a printed
form, and the two are inconsistent, the written word is superior over the
printed form.
- When the characters in which an instrument is written are difficult to be
deciphered or the language is not understood by the court, evidence of
experts in deciphering those characters or who can understand the language
can be admitted.
- When an instrument can have two or more interpretations, the one in
favor of a natural right (right to life, right to travel, right against
discrimination, etc) shall be preferred.

C. Testimonial Evidence

55. What are the qualifications of a witness?

All persons who:
a. Can perceive,
b. Are perceiving, and
c. Can make known their perception to others, may be witnesses.

Basically, anyone who can see and can tell what they saw to others can be
witnesses

55b. Define a witness?

A person who testifies in a case or gives evidence before a judicial tribunal

56. Are religious/political beliefs, interest in the outcome of the case, or conviction
of a crime(unless provided for by law) sufficient grounds to disqualify a witness?
No

57. Are witnesses presumed to be competent? If yes, are there exceptions?

 Yes, unless, a) if the person has been recently found to be of unsound mind
by a court of competent jurisdiction, or b) the witness is an inmate of an asylum for
the insane.
The burden of proof is upon the party objecting to the competency of the
witness.

58. Can a lawyer become a witness for his own client?

As a general rule, he must leave the trial of the case to other counsels or
lawyers unless the testimony concerns merely formal matters.

59. When can an objection to the witness be made?

Before he has given any testimony, unless the incompetency appears during
the trial (then he must object as soon as it becomes apparent). If not objected
within the said time, the right to object is deemed waived.

Disqualifications of witnesses

60. According to Section 21 of Rule 130, there are witnesses who can be
disqualified by reason of mental incapacity or immaturity, enumerate.
a. Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making known their
perception to others.
b. Children whose mental maturity is such as to render them incapable of
perceiving the facts respecting which they are examined and of relating them
truthfully.

54. What is an unsound mind?

A state of mind which affects the competency of the witness which includes
any mental aberration, whether organic or functional, or induced by drugs or
hypnosis.

55. When should a witness be of sound mind?

Only at the time of their production for examination. Mental unsoundess of
the witness at the time the fact to be testified ocurred = affects only the credibility
of the witness.

56. Are deaf-mutes competent witnesses?

Yes, if they, a) can understand and appreciate the sanctity of an oath, b) can
comprehend facts they are going to testify and, c) can communicate their ideas
through a qualified interpreter.

57. Is soundness of mind presumed?

Yes, except, a) when the person has been recently found to be of unsound
mind by a court of competent jurisdiction, and b) if the person is an inmate of an
asylum for the insane.

58. Is a child considered a competent witness?

 Yes, as a general rule. Except if the child's testimony contains serious
inconsistencies that may show that the child was coached.

Child Witness Ordinary Witness

Who are allowed Only the judge is allowed to ask Opposing counsels/lawyers
to ask questions questions to the child during are allowed to ask
preliminary examination
Leading Leading questions are allowed Generally not allowed
Questions
Narrative Testimony in a narrative form is Not allowed
testimony (story allowed
telling)
Assistance The child witness is assisted by a An ordinary witness is not
facilitator assisted

Leading Questions / Suggestive Interrogation

Questions that suggest a particular answer, usually containing the
information favorable to the party asking the question (Ex. "After you killed A,
where did you go?")

59. What is the Rule on Marital Disqualification/Spousal Immunity(Sec. 22, Rule

130)?
As a general rule, during the marriage, neither the husband nor the wife may
testify for or against the other without the consent of the affected spouse.
Exception: The rule does not apply when:
a. When the testimony was made outside the marriage;
b. In a civil case by one spouse against another;
c. In a criminal case for a crime committed by one spouse against the other
or the latter's direct descendants or ascendants.

60. What is the Dead Man's Statute/Survivorship disqualification, as provided for

under Section 23 of Rule 130 of the Rules of Court?
Parties or assignor of parties to a case, or persons in whose behalf a case is
prosecuted, against an executor or administrator or other representative of a
deceased person, or against a person of unsound mind, upon a claim or demand
against the estate of such deceased person or against such person of unsound mind,
cannot testify as to any matter of fact ocurring before the death of such deceased
person or before such person became of unsound mind.
This is only a partial disqualification. A witness is not completely
disqualified but is only prohibited from testifying in certain matters specified.
The disqualification only applies to a civil case or special proceeding over
the estate of a deceased or insane person
 Incompetency to testify applies whether or not the deceased died before or
after the commencement of the action against him provided that he is dead at the
time of the testimony.

*anyone who can answer Q#60 properly is almost guaranteed to pass the subject*

61. What are the requirements for the Dead Man's Statute to Apply:
a. The witness offered for examination is a party, or the assignor of the said
party, or a person in whose behalf a case is prosecuted;
b. The case is against the executor or administrator or other representative of
a person deceased or of unsound mind;
c. The case is upon a claim or demand against the estate of such person who
is deceased or of unsoundmind;
d. The testimony to be given is on a matter of fact occurring before the death
of such deceased person or before such person became of unsound mind.

62. What is the reason for the implementation of the Rule/Statute?

a. To prevent perjury
b. To protect the estate from fictitious claims
c. To give the parties an equal opportunity to present evidence

63. Enumerate the different disqualifications by reason of privileged

communication?

a. Marital Privilege -The husband or the wife, during or after the marriage
cannot be examined w/o the consent of the other regarding any communication
received in confidence by one from the other during the marriage.
Requisites:
i. There is a valid marital relation;
ii. The privilege is invoked wth respect to a confidential communication
between the spouses during said marriage.
iii. The spouse against whom such evidence is being offered has not
given his or her consent to such testimony.

Instances when the privilege cannot be claimed:

i. Communications made prior to the marriage.
ii.Communications not intended to be kept in confidence
iii. When the information is overheard by a third party whether acquired
legally or not (a 3rd person is not covered by the prohibition)
iv. In a conspiracy between spouses to commit a crime (since it is not the
intention of the law to protect the commission of a crime.
v. When the spouses are living separately and there is an active hostility. But
if there is a chance to reconcile, this privilege will apply.
vi. When the spouse gives his/her consent.

Disqualification By Reason of Disqualification by Reason of Marital

 Marriage (Sec. 22) Privilege (Sec. 24a)
Can be invoked only if one of the Can be claimed w/n the other spouse is a
spouses is a party to the action party to the action
Applies only if the marriage is existing Can be claimed even after the marriage
at the time the testimony is offered is dissolved
Constitutes a vital prohibition for or Applies only to confidential
against the spouse of the witness communication between spouses
Objecton would be raised on the ground The objection of privilege is raised
of marriage. Even if the testimony is for when confidential marital
or against the other spouse communication is inquired into.

b. Attorney-Client Privilege - An attorney cannot, without the consent of

his client, be examined regarding any communication made by the client to him, or
his advice given in the course of professional employment. This applies to the
attorney's secretary, stenographer, or clerk and applicable even if no fee has been
paid. Also applicable to communications for the purpose of establishing the
attorney-client relationship.
Requisites:
i. There is an attorney and client relation;
ii. The privilege is invoked with respect to a confidential communication
between them in the course of professional employment;
iii. The client has not given his consent to the attorney's testimony.

When the privilege does not apply:

i. Intended to be made public
ii. Intended to be communicated to others
iii. Intended for an unlawful purpose
iv. Received from third persons not acting in behalf or as agent of the client
v. Made in the presence of third parties who are strangers to the attorney-
client relationship

Communications regarding a crime already committed is privileged

communications, but contemplated criminal acts are not.

c. Physician-Patient Privilege - A person authorized to practice medicine,

surgery or obstetrics cannot, in a civil case and without the consent of the patient,
be examined regarding any advice or treatment given by him or any information
which he may have acquired in attending such patient in a professional capacity
and such information would blacken the reputation of the patient.
Requisites:
i. The physician is authorized to practice medicine, surgery, or obstetrics;
ii. The information was acquired or the advice or treatment was given by
him in his professional capacity for the purpose of treating and curing the
patient;
 iii. The information, advice or treatment, if revealed, would blacken the
reputation of the patient;
iv. The privilege is invoked in a civil case, whether the patient is a party or
not.

The privilege extends to all forms of communications as well as to the

professional observations and examinations of the patient.

When the privilege does not apply:

i. The communication was not given in confidence
ii. The communication is irrelevant to theprofessional employment
iii. The communication was made for an unlawful purpose, as when it is
intended for the commission or concealment of a crime
iv. The information was intended to be made public
v. There was a waiver of the privilege either by provisons of contract or law
vi. Rule 28 - The results of the physical and mental examination of a person,
when ordered by the court, are inteded to be made public, hence not privileged.
Also, the result of autopsies/post mortem examinations are generally inteded to be
divulged in court

d. Minister/Priest-Penitent Privilege - A minister or priest cannot, without

the consent of the person making the confession, be examined regarding any
confession made or any advice given by the priest/minister in his professional
capacity in the course of discipline enjoined by the church to which the minister or
priest belongs.
Requisites:
i. The communication was made pursuant to a religious duty enjoind in the
course of discipline of the sect or denomination to which they belong; and
ii. They must be confidential and penitential in character.

e. Privileged Communication to Public Officers - A public officer cannot

be examined during his term of office or afterwards, regarding any communication
made to him in official confidence when the court finds that the public interest
would suffer by the disclosure.
Requisites:
i. That it was made to the public officer in official confidence
ii. That the public interest would suffer by the disclosure of such
communication, as in the case of State secrets.

64. What is the parental and filial privilege? (Sec. 25, Rule 130)
No person may be compelled to testify against his parents, his other direct
ascendants, his children or other direct descendants.

The difference between a privilege and disqualification is that the

descendant may be compelled to testify against his parents and grandparents, if
such testimony is indispensable in prosecuting a crime against the descendant or by
one parent against the other. It may also be invoked in both civil and criminal
cases.
 RULES ON EVIDENCE: GUIDE QUESTIONS Pt. 3

Admissions and Confessions

65. Define Admission

Any statement of fact made by a party against his interest or a statement that
is unfavorable to his conclusions.

66. Distinguish Express Admissions from Implied Admission.

Express admissions are those made in definite, certain, and unequivocal
language.
Implied admissions are those which may be inferred from the acts,
declarations, or omissions of a party or person/s. Therefore, an admission may be
implied from conduct, statement, or silence of a party.

67. Requisites of admissions to be admissible:

a. They must involve matters of fact and not of law;
b. They must be categorical and definite (the statement must be directly
made);
c. They must be knowingly and voluntarily made;
d. They must be adverse or against the admitter's interest (otherwise, it
would be self serving and inadmissible).

68. Forms of admissions

a. Verbal or Written
b. Judicial Admissions or those that are made in a judicial proceeding (does
not require proof)
c. Extrajudicial Admissions or those that are not made in a judicial
proceeding (requires proof)

69. Distinguish Admission from Confession

Admission Confession
A statement of fact which does not A statement which involves an
involve acknowledgment of guilt acknowledgment of guilt

May be express or implied Must be express

Can be made by third persons Can be made only by the party himself

70. Define a self-serving testimony

A testimony that is made extrajudicially (out of court) by the party to favor
his interest. The statements are not admissible in evidence.
70b. Is an offer of compromise(areglo) considered as an admission of
liability/guilt?
No, except in criminal cases involving quasi-offenses (criminal negligence)

70c. Define Compromise.

An agreement between to or more parties to settle a dispute.

70d. What are the effects of compromise on civil and criminal cases?
Civil Cases Criminal Cases
General Rule An offer of compromise is An offer of compromise by
not an admission of liability the accused may be
or guilt received in evidence as an
implied admission of guilt
Exception Unless the offer is not only A) Cases involving
to "buy peace" but also criminal negligence, and b)
amounts to an admission of Those allowed by law to be
liability compromised

71. If an accused entered a plea of guilt and he withdrew that guilt, is that
withdrawn plea of guilt admissible against the accused?
No.

72. Is an offer to pay or payment of medical, hospital, or other expenses caused by

injury considered an admission of guilt?
No.

73. What is the Good Samaritan Rule?

An offer to pay or the actual payment of the medical, hospital, or other
expenses caused by the injury is not admissible to prove civil or criminal liability.

74. Res Inter Alios Acta Non Debet

"Things done between strangers should not injure/affect those who are not
parties to it"
As a general rule, a party is not bound by any agreement which he doesn't
know and without his consent. His rights cannot be affected by the declaration, act,
or omission of another.

75. Define an agent

A person who acts on behalf and with the consent of another.

76. Is an admission by an agent or a co-partner admissible against another co-

partner or the agent's principal?
 Yes, provided that the act/declaration:
a. Is within the scope of his authority,
b. It is done during the existence of the partnership or agency, and
c. The partnership or agency is shown by evidence.

77. Are admissions made by counsel (a client's lawyer) admissible in evidence?

As a general rule, they are admissible against the client since a counsel's acts
are treated as if they were made by the client himself.
Exceptions: If the admission by counsel is equal to a compromise or
confession of jugment/guilt, it is not admissible.

78. Are admissions by a co-conspirator admissible in evidence?

Yes, provided that the act/declaration of the co-conspirator:
a. Is related to the conspiracy,
b. Made during the existence of the conspiracy, and
c. The conspiracy is shown by evidence aliunde.

79. How can conspiracy be determined?

a. From the acts of the accused
b. From the confessions of the accused
c. Evidence Aliunde

80. What is the quantum of evidence needed to prove conspiracy?

Clear and convincing evidence

81. Who are privies?

They are those who haev mutual or successive relationship to the same right
of property or subject matter (ex. heir, agent, counsel, priest, doctor, etc)

82. What are the requisites so that admissions by privies can be admitted in court?
a. There must be a relation of privity between the party and the declarant(the
one makes a declaration/admission;
b. The admission was made by the declarant, as predecessor in interest,
while holding title to the property;
c. The admission is in relation to said property.

83. What are the requisites for the admissibility of admissions by silence?
a. He must have heard or observed the act or declaration of the other person;
b. He must have had the opportunity to deny it;
c. He must have understood the statement;
d. He must have an interest to object, such that he would naturally have done
so, as if the statement was not true;
e. The facts are within his knowlege;
f. The facts admitted or the inference to be drawn from his silence is material
to the issue

83a. Does the rule on admission by silence applies to both criminal and civil cases?
Yes, it also applies even if he is already in the custody of the police.
84. What if an accused voluntarily participates in a reenactment of the crime
conducted by the police?
It is considered as a tacit admission of complicity and an indication of guilt.

85. What is the basis on the rule on admission by silence?

The natural instict of a person to resist or deny a false statement or charge
against him.

86. What is the Doctrine of Adoptive Admission?

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. (Ex. A admitted that he and B killed C. B reacted
by saying that it was A who stabbed C and that he was only restraining C in order
for A to stab him. B's statement is considered an adoptive admission)

87. Define a confession.

It is a categorical ackowledgment of guilt made by an accused in a criminal
case without any justifying/exempting statement or explanation.

88. What are the forms of Confessions?

a. Oral (must be made under oath)
b. In writing (need not be under oath)

89. Aside from being made in court/out of court, what are the differences between
extrajudicial and judicial confessions?
Extrajudicial confessions cannot sustain a conviction unless corroborated by
evidence of the corpus delicti ("body of the crime", i.e the facts, evidences, and
circumstances consituting the confession of guilt)
Judical confessions can, by itself alone, sustain a conviction. However,
confessions in capital offenses requires that evidence should be presented other
than the plea of guilt and proof that the plea was made voluntarily and fully
understood by the accused.

90. What are the requisites of admissibility of extrajudicial confessions?

a. The confession must involve an express and categorical ackowledgment
of guilt;
b. The facts admitted must be constitutive of a criminal offense;
c. The confession must have been given voluntarily;
d. The accused must have fully understood the nature of the confession and
its legal significance and repercussions;
e. There must have been no violation on the right of the accused during
custodial investigation.

91. Define Custodial Investigations.

These are questionings initiated by a law officer after a person has been
taken into custody or deprived of freedom. They are also referred to as instances
where the investigations ceases to be a general inquiry and begins to focus on a
particular suspect which has been taken into custody and asked questions that leads
into incriminating statements.
 These include "invitations" made by law enforcement officers

92. What are the rights of a person under investigation?

a. The right to be informed of the charges against him;
b. The right to remain silent;
c. The right to have competent and independent counsel, preferably of his
own choice;
d. The right not to be treated with torture, force, violence, threat,
intimidation or other means which negatively affect free will;
e. Right not to be placed under secret detention or under a
solitary/incommunicado form of detention.

93. Is an extrajudicial confession binding against co-conspirators?

No, it is only binding against the declarant accused.

94. What is the Doctrine of the Fruit of the Poisonous Tree?

Evidence which were obtained in violation of the right of a person against
unreasonable searches and seizure are inadmissible in Court. It refers to an object
and not testimonial evidence (it does not refer to testimony or confessions obtained
illegally)

95. Is evidence that one did or did not do a certain thing at one time admissible to
prove that he did or did not do the same or similar thing another time?
No (ex. A cannot be held liable for theft committed in 2018 just because he
committed a similar crime last year). However, it may be received to prove
identity, plan, system, scheme, habit, custom/usage, and similar cases.

96. What is a Hearsay Evidence?

It is an out of court statement offered to prove the truth of matter asserted.

97. What is the Hearsay Evidence Rule?

Any evidence, whether oral or documentary, is made or offered by a person
who has no personal knowledge of such evidence is inadmissibile in court. A
witness can testify only to facts which he knows of his personal knowledge; that is,
those that are derived from his own perception.

98. Can inadmissibility of hearsay evidence be waived?

Yes, by not objecting to such evidence when it is offered.

99. Exceptions to the Hearsay Evidence Rule (Hearsay evidence that are
admissible in Court)?
a. Dying Declaration
b. Declaration Against Interest
c. Entries in the Ordinary Course of Business
d. Common Reputation
e. Commercial Lists
f. Learned Treatises
g. Act or Declaration against Pedigree
h. Res Gestae
 i. Entries in Official Records
j. Family Reputation or Tradition Against Pedigree
k. Testimony or Deposition at a Former Proceeding.

99a. What are the other exceptions to the Hearsay Evidence Rule?
a. Child abuse cases. Hearsay testimony of a child describing any act or
attempted act of sexual abuse may be admitted in any criminal proceeding.
b. Electronic Evidence.
c. Statements or writings offered not to prove the truth of the facts stated but
only to prove that those statements were actually made or those writings were
executed (see the doctring of independently relevant statements)

100. What is the Doctrine of Independently Relevant Statements?

Regardless whether it is true or not, letter C of #98a is admissible since the
only questions to be answered is whether or not the statements/writing were
actually made/executed. (Ex. A cannot testify that B killed C because he said "I
will kill you", but A can testify that B said "I will kill you" to C)

Exceptions to the Hearsay Evidence Rule

Dying Declarations

101. Define a Dying Declaration.

Statements made by a person after a mortal wound has been inflicted upon
and he is under the belief that his death is certain, stating the facts, causes and
circumstances surrounding the attack. Also called Statements in Articulo Mortis.

102. What are the requisites for Dying Declarations to be admissible?

a. The declarant knows that his death is imminent;
b. The declaration refers to the causes and the surrounding circumstances of
his death;
c. That the declaration refers to facts to which the victim is competent to
testify to;
d. That the declaration is offered in a case wherein the declarant's death is
subject of the inquiry;
e. The statement must be complete in itself.

102a. Why are Dying Declarations admissible in Court?

a. Necessity - The declarant's death renders impossible his ability to take the
witness stand.
b. Trustworthiness - at the point of death, every motive for falsehood is
silenced. The mind is induced by the most powerful consideration to speak the
truth.

102b. What if there was an intervening time from the declaration to the actual
death? Does it affect its admissibility?
No. Delay in death is immaterial as long as the declaration was made under
consciousness of impending death, to be determined by the court.
Note: Dying Declarations has to be admitted with utmost care and should be
considered with all the facts presebted because the source, accuracy, and
completeness of the declaration cannot be tested by cross-examination.

102c. What are the forms of dying declarations?

a. Oral or Written;
b. Made by signs which could be intepreted and testified to by a witness.

Declarations Against Interest

103. What is doctrine on declarations against interest? What are its requisites?
A declaration made by a person who is dead or unable to testify against his
own interest and that the fact asserted is so far contrary to the declarant's own
interest that a reasonable man in his position would not have made the declaration
unless he believed it to be true is admissible against himself or his successors-in-
interest.

Requsites:
1. The declarant is dead and unable to testify;
2. It relates to facts against the interests of the declarant;
3. At the time he made the said declaration, the declarant was aware that it
was against to his interest; and
4. The declarant believed that his declaration was true and he had no motify
to falsify it.

103a. Distinguish declarations against interest and admissions against interest

Declarations Against Interest Admissions Against Interest

Made by a person who is neither a party Made by a party to a litigation or by one
nor in privity with a party to the case in privity with or identified in legal
interest with such party
Secondary Evidence Primary Evidence
Exception to the Hearsay Rule Covered by the Hearsay Rule
Admissible only when the declarant is Admissible whether or not the declarant
unavailable as a witness is available as a witness
Must be made ante litem motam (before the May be made at any time before/during
controversy) trial
May be admitted against Used only against the party admitting
himself/successor in interest and against
3rd parties
Act or Declaration about Pedigree

104. Define Pedigree

The records of ancestry or the familial relationship of a person, whether by
consanguinity or affinity.

105. What are the requisites in order that Pedigree may be proved by acts or
declarations of relatives?
a. The actor/declarant is dead or unable to testify;
b. The act/declaration is made by someone who is related to the subject by
birth or marriage;
c. The relationship between the actor/declarant and the subject is shown by
evidence other than such act or declaration.
d. The act/declaration was made ante litem motam (before the issue or
controversy)

105a. How can Pedigree be established?

a. The act/declaration of a relative;
b. The reputation/tradition existing in his family;
c. Entries in Family Bibles;
d. Common reputation in the community (for issues concerning marriage)

Note: The reputation between the declarant and the person which is subject
of the inquiry must be legitimate unless the issue is the legitimacy itself.

Family Reputation or Tradition regarding Pedgiree

106. What are the requisites in proving family reputation or tradition?

a. The witness testifying must be a member, by consanguinity or affinity, of
the same family as the subject; and
b. Such reputation or tradition must have existed in that family ante litem
motam.

107. What is the difference between Act/Declaration regarding Pedigree and

Family Reputation/Tradition regarding pedigree?
Section 39 Section 40
Act or declaration against Pedigree Family Reputation or Tradition
Regarding Pedigree
Witness need not be a member of the Witness is a member of the family
family
Testimony is about what declarant, who Testimony is about family reputation or
is dead or unable to testify, said tradition covering matters of pedigree
concerning the pedigree of the
declarant's family
Relations between the declarant and the The witness himself is the one to whom
person subject of inquiry must be the fact relates. No need to establish
established by independent evidence relationship by independent evidence

Common Reputation

108. Define Common Reputation

The definite opinion of the community in which the fact to be proved is
known or exists. It means the general or substantially undivided reputation, as
distinguished from a partial or qualified one, although it need not be unanimous.
Simply put, it is the opinion of others on a certain person

109. How can you establish Common Reputation?

a. By testimonial evidfence of compentent witness/es;
b. By monuments and inscriptions in public places;
c. By documents containing statement of reputation.

110. What can you prove by presenting Common Reputation as evidence?

a. Facts of public interest (National interest) more than 30 years old;
b. Facts of general interest (Regional or Community interest) more than 30
years old;
c. Marriage
d. Moral Character (inherent qualities of a person)