What is evidence? II.

Substantive Law
Sec. 1 Evidence defined- -creates, defines and regulates rights
The means, sanctioned by the rules, of pp.36-48
ascertaining a judicial proceeding the truth 1. RA 9165 (Comprehensive Dangerous
respecting a matter of fact. Drugs Act of 2002)
2. RA 11055 (Philippine Identification
When does one present evidence? System Act)
It must be in a judicial proceeding, what are 3. RA 8353 (Rape
these judicial proceedings? 4. RA 9372 (Human Security Act of 2007)
5. RA 8792 (Electronic Commerce Act of
Does hearsay evidence fall within the ambit 2000)
of Sec. 1, Rule 128? 6. Cybercrime Prevention Act of 2012
No 7. Rule on Cybercrime warrants

What is the Purpose of evidence: III. Procedural Rule

To ascertain the truth as a matter of fact in a
judicial proceeding Revised Guidelines for Continuous Trial of
Criminal Cases p. 0
NOTE: Fact of death in an information, are
not evidence. They are mere statements of Precautionary Hold Departure Order
facts. p. 50

What are the SOURCES OF EVIDENCE? STATE POWER OVER RULES OF EVIDENCE
1. Constitution The legislature must:
2. Substantive law 1. Give a party a fair opportunity to make
3. Procedural law his defense; and
2. Submit all the facts
I. Constitution
NOTE: No person or corporation has a vested
GOVERNMENTAL INTERFEREENCE AS right in the rules of evidence.
PRECONDITION TO APPLICATION OR See Also:
INVOCATION OF BILL OF RIGHTS pp. 52-53
1. Treason
The Bill of Rights can only be invoked: 2. Rebellion, insurrection or coup d’ etat
If there is governmental interference. 3. Illegal assemblies

NOTE: it is not meant to be invoked against What are the kinds of truth?
acts of private individuals. a) Judicial or legal truth- facts according
to the fact-finder, whether it
See Illustrative cases pp. 22-25 corresponds with the truth or not

See pp. 25-36 b) Actual truth:

1. Right to privacy May not always be achieved in judicial
2. Unreasonable search proceedings bec. court’s findings depends on
3. Administrative search the admissible evidence presented before it.
4. Unwarranted inquiry
5. Search of government office computer Sec. 2 Scope-
6. Right to be forgotten Rules of evidence shall be the same in all
7. Private individual v. private individual courts, trials and hearings.
Despite not being able to invoke the Bill of
Rights the private individual as transgressor EXCEPT: as otherwise provided by law or
may be confronted with a criminal indictment. these rules.
(See p. 35)
8. Privacy of communication and
correspondence
Principle of uniformity of evidence- it is the
same as all courts, in all trials and hearings. Where no factual issue exists in a case:
(Sec. 2, Rule 128) There is no need to present evidence.

What courts are talked about here? When is evidence not required in a civil
MTC, RTC, CA, SC, Sandiganbayan action?
PINS-JW p. 11
Is the Office of the Ombudsman,
Prescutor’s Office,: does the principle of What initiates a criminal action in court?
uniformity of evidence apply here? Filing of complaint or information.

Petition for naturalization? If it is a private crime:

No Complaint
Ex. Adultery, concubinage.
NOTE: Rules on evidence apply only in
judicial proceedings. NOTE: Research on what are the kinds of
private crimes
Rule 1, Sec. 4 of the Rules of COurt
provides (In what cases not applicable): If it is information:
(CELIN) The State or prosecutor charges the crime. (It
1. Election Cases is a public crime)
2. Land Registration
3. Cadastral What is done during arraignment?
4. Naturalization The judge would apprise the accused of the
5. Insolvency Proceedings charges against him. [Here there is no need for
EXCEPT: by analogy OR in a suppletory evidence when there is a guilty of plea]
character and whenever practicable and
convenient. When there is no more, issue in fact, the
case is ripe for a motion for judgment on the
[This provision necessarily includes the rules pleadings or summary judgment.
on evidence]
If there is a disputed fact:
NOTE: administrative proceedings are not There is a disputed factual issue.
bound by technical rules on Evidence.
When there is a factual issue, does one need
What are the pleadings in a civil to present evidence?
procedure? Yes
1. Complaint
2. answer When again is evidence required?
3. Reply When there is a factual issue
4. Counter claim
5. Cross claim May the rules on evidence be waived?
6. Third party complaint Yes. When an otherwise objectionable evidence
7. Complaint-in-intervention- is not objected to, the evidence becomes
admissible because of waiver.
Are the allegations in a complaint
considered evidence? Evidence v. Proof
No Evidence- medium of proof
Proof- effect or result of sufficient evidence
When is evidence required?
- When there is a factual issue Factum probandum- the fact or proposition
-when the court has to resolve a question of to be established (Ultimate facts)
fact
-evidence is offered in court to ascertain the
truth “respecting a matter of fact”
Factum probans- facts or material evidencing You now present the factum probans.
the fact or proposition to be established
(Evidentiary facts) Factum probandum- the facts that you are
going to establish.
3 kinds of evidence: (ODO)
1. Oral
2. Documentary -But when the answer is filed, and these are
3. Object admitted: There is no more factum
probandum, because the facts are already
When A CRIMINAL information has been admitted.
filed, Is the filing of a criminal information
that there is already a factum probandum? Factum probans-
Yes, for without such ultimate facts the -comes when there is specific denial
information may be dismissed. -when facts are denied, then issues arise. (The
disputed facts may be established)
Elements of homicide?
• That a person was killed; Step by step on the elements of civil action
• That the accused killed him without any for collection of sum of money.
Factum probandum: Factum
justifying circumstances;
probans
• That the accused had the intention to 1. That A borrowed from B—(Promissory
kill, which is presumed; and. Note)
• That the killing was not attended by any 2. That the debt has matured- (Still the
of the qualifying circumstances of promissory note)
murder, or by that of parricide or 3. Demand was made (Demand letter)
infanticide. 4. That the amount was not paid
(Testimony of the plaintiff or his
witness)
What is the factum probans to establish
that a person was killed?
How are these rules on evidence
1. Testimony
construed?
2. Note
Liberallly construed. Why is it so? The court
should rule on the merits rather than
That the accused killed the victim, factum
technicalities that would frustrate rather than
probandum or factum probans?
promote justice.
Factum probandum
Is there a vested right in the rules of
What is the factum probans of the factum
evidence?
probandum “That the accused killed him”
No. [Because said rules are subject to change
1. Testimony of the witness
by the Supreme Court]
If it is presumed, then such fact is not a
If the time of the prosecution the quantum
factum probandum
of evidence is preponderance of evidence
but at the time of the prosecution of the
If a fact is not alleged in the information,
offense the required quantum of evidence
do you have to present factum probans?
is proof beyond reasonable doubt, is it
No
allowed?
Yes
In a civil action, when is the determination of
the factum probandum?
Requisites of the admissibility of evidence,
Sec. 3, Rule 128
When the complaint is filed and an answer
Evidence is admissible when:
is filed what happens?
1. It is relevant to the issue; and
The issues are now joined.
2. Is not excluded by the Constitution, the
law or these rules.
When issues are joined, what happens now?
 1. Relevance- evidence must have a
Grounds for admissibility of Evidence must connection to the fact in issue
be: 2. Competence- the evidence must not be
1. Relevant excluded by the Constitution, the law
2. Competent or the rules (Rules on evidence).
What provision of the Constitution that Must they concur? Yes
makes evidence inadmissible or
admissible? You cannot simply say objection. You have
to state your ground in your objection.
When the evidence presented is not
admissible because it was illegally Ex. You say “Incompetent”
procured, such evidence is? Is this already valid?
Incompetent No, you did not state the ground, law or rule
why it is incompetent.
When is an evidence competent?
IT is not excluded by the Constitution, law or Collateral matters- generally these are not
these rules. allowed. Why?
A: on grounds of relevance.
What law prohibits the admissibility of
evidence? Are there instances when this is allowed?
See examples in Substantive law Yes, See Sec. 4, Rule 128

What are collateral matters? “EXCEPT: when it tends to establish the

Sec. 4, Rule 128 probability or improbability of the fact in
issue.”
What is the rule on collateral matters?
Sec. 4, Rule 128 Motive- it may establish the intent. May it be
allowed? Yes as an exception, for as long as it
Sec. 4 Relevancy; collateral matters establishes the probability/improbability of
A relation to the fact in issue as to induce the
belief in its existence or non-existence.
What are the kinds of admissibility?
Evidence on collateral matters: 1. Conditional- at the time that it is
Not allowed presented, it may not be admissible
because there is no relevance to the
EXCEPT: when it tends to establish the fact in issue.
probability or improbability of the fact in
issue. Ex. Objection, “Conditional admissibility”.
As counsel you say: Objection your honor, I
Collateral facts- those outside the will show the connection to another fact later
controversy on, pursuant to “Conditional aadmissibility”
-facts that are not directly connected with the
principal matter or issue in dispute Presupposes:
a) Good faith accorded by the court to a
Under criminal law, in relation to evidence, lawyer who introduces evidence that
does the prosecution have to prove appears to be, at first blush, immaterial
motive? or irrelevant.
No b) Concomitant statement by counsel of
the connecting facts and commitment
When there is motive in the killing, does from counsel to relate later.
the motive establish the killing?
No 2. Multiple- evidence is treated as
multiple evidence if it is “admissible
There are only 2 requisites for admissibility for a specific purpose and inadmissible
of evidence to prove a different fact.
 Ex. A killed B on January 21, 2022
3. Curative- admission of an earlier Circumstantial evidence: The 2 persons were
irrelevant evidence to equalize the seen in a heated argument. A was last seen
admission of the court of irrelevant together with B.
evidence submitted by the adverse
party. Can you convict a person using
circumstantial evidence?
NOTE: Also known as: Yes,
a) Opening-the door rule; or NOTE: This depends on the circumstantial
b) Invited-error rule evidence presented (it must relate to the
elements of the crime)
What is the difference between
Admissibility and weight? There is no requirement in our jurisdiction
Admissibility, considers factors such as that ONLY DIRECT EVIDENCE may convict.
competence and relevance of submitted
evidence while weight is concerned with the NOTE: A number of circumstantial evidence
persuasive tendency of admitted evidence. may be so credible to establish a fact from
which it may be inferred, beyond reasonable
Admissibility of evidence v. Probative value doubt, that the elements of a crime exist
p. 30 (RIANO) and that the accused is its perpetrator.

Competency v. Credibility Ex. of Direct Evidence:

p. 43 Eyewitness, the testimony of the witness is
direct evidence.
Three kinds of evidence:
1. Object How are we to say that these evidence are
2. Documentary Real or Object evidence?
3. Testimonial Where the thing comes under the cognizance
of our senses
Picture may be:
1. Object Documentary evidence- consists of written
2. Documentary statements offered as proof of their
Depending on the purpose for which it was contents.
admitted.
Are all written instruments, documentary
Circumstantial evidence: evidence?
There must be evidence of several Yes, but it can also be object evidence.
circumstances.
NOTE: 2 kinds of documentary evidence
When does one present circumstantial a) Written
evidence? b) Unwritten or Oral Evidence- testimony
When there is no direct evidence. given by witnesses

In a criminal case, circumstantial evidence What is the rule with respect to written
may be sufficient for conviction provided instruments? What is the determining
the ff. requisites concur: factor whether the written instrument is a
1. There is more than one documentary evidence or object evidence?
circumstance If the promissory note is offered in evidence
2. The facts from which the and is trying to prove that there is an interest?
inferences are derived are proven What kind of evidence then is a promissory
3. The combination of all the note?
circumstances is such as to If the promissory note is offered to prove that
producee a conviction beyond at the time of its execution, present are the
reasonable doubt. defendant and his wife?
Testimonial Evidence The defense of alibi may prosper:
-also called as oral evidence. When he is able to demonstrate by clear and
convincing evidence that it was physically
Who gives the testimonial evidence? impossible for him to have been at the scene of
The witness the crime at the time the same was committed.

Competency v. Credibility of witness Ex. Court did not appreciate the defense of
p. 42 Riano alibi because the place where the accused
claimed to be was merely seven kilometers
May electronic evidence be used? form where the killings occurred.
Yes, as long as it is:
4. competent and admissible [if it Important!
complies with the rules on See People v. Larrañaga
admissibility prescribed by the
Rules of Court] c) Denial
5. Authenticated in the manner • Without any strong evidence to
prescribed by the Rules on support it:
Electronic Evidence The positive declaration by the victim of
the identity and involvement of the
Classification of Evidence accused brushes aside this defense.
What other evidence do we have?
pp. 64-67 Peralta d) Frame-Up
(RCMADC-CCPCP-SHS-PN-ER-SA) • Common and standard defenses in
most drug cases
NOTE: Compare the related evidences. See 4th • For this claim to prosper:
day for Judge’s Comparison Defense must adduce clear and
convincing evidence to overcome the
NOTE: Cumulative and corroborative evidence presumption of regularity attributed to
is NOT a prerequisite to the conviction of the government officials.
accused.
e) Delay and initial reluctance in reporting
MISCELLANEOUS DOCTRINES a crime
a) Falsus in uno, falsus in omnibus • Does delay in the filing of a complaint impair
• “false in one thing, false in everything” the complainant’s credibility?
• Not an absolute rule No, it would not impair the
• If a witness is shown to have testified complainant’s credibility, if such delay
falsely in one detail, he may be is satisfactorily explained.
considered unworthy of belief to all the
rest of the evidence • Delay might be due to fear of reprisals
• Principle presupposes a positive • In rape cases, delay may be due to
testimony on a material point contrary stigma
to subsequent declaration in the
testimony. f) Flight or non-flight of the accused
• Flight is NOT synonymous with guilt.
b) Alibi • However, when unexplained, it is a
• Inherently weak circumstance from which an inference
• When must it be rejected? of guilt may be drawn.
When the identity of the accused is • At the same time, non-flight is not, by
satisfactorily and categorically itself, a valid defense, since it does not
established by the eyewitness, esp. signify innocence.
when such eyewitness has no ill-
motive to testify falsely. g) Recantation
• Does not necessarily cancel an earlier
NOTE: Alibi is not always false and without declaration
merit
 • In case a previous testimony is Because pursuant to such doctrine, it would
retracted and a subsequent be unreasonable to require formal proof of
testimony is made by the same facts within the common knowledge.
witness: RULING INCONCLUSIVE
The test is: comparison coupled with
the application of the general rules of Application of doctrine does not mean that
evidence. the matter is indisputable

Judicial Notice- The cognition by the judge of It is merely a prima facie recognition, and is
certain facts / on the supposition that such still open to controversy.
facts are within his knowledge
May a positive ruling on judicial notice be
What are the kinds of judicial notice? reversed on appeal?
1. Mandatory Yes, upon a finding of lack of notoriety
2. Discretionary
When can judicial notice be taken by the court? When
Can the court take judicial notice that can there be judicial notice?
everyone that is thrown up goes down? MANDATORY OR PERMISSIVE
Yes, Laws of Nature Error- if judge refuses to take judicial notice
that are certain and undisputable.
Sec. 1- Judicial notice, when mandatory
Court shall take notice, without introduction of Valid- if judge requires proof of less certain
evidence on: matters
1. Existence and territorial extent of states
2. Their political history, Forms of How is judicial notice taken? Is there a necessity for
government, Symbols of nationality hearing?
3. Law of nations See Sec. 3
4. Admiralty and maritime courts of the Sec. 3 Judicial notice, when hearing
world and their seals necessary
5. Political constitution and history of the During pre-trial and trial, court shall:
Philippines a) Motu proprio; or
6. Official acts of the legislative, executive b) Upon motion
and judicial departments of the hear the propriety of taking judicial notice of
National Government of the Philippines any matter
7. Laws of nature
8. Measure of time Before judgment or on appeal, the court
9. Geographical divisions may:
(TACO-HEN2G) a) Motu proprio; or
b) Upon motion
Sec. 2 Judicial notice, when discretionary Take judicial notice of any matter and shall
A court may take judicial notice of matters of: hear the parties thereon if such matter is
a) Public knowledge decisive of a material issue in the case.
b) Are capable of unquestionable
demonstration Can the court alone can hear the parties?
c) Ought to be known to judges because of Yes
their judicial functions
Can a court take judicial notice of municipal
Personal knowledge of the Judge, is not
ordinances?
judicial knowledge.
Can the RTC take judicial notice of the city ordinances
of Puerto princesa city?
NOTE: “The judge is not to use from the
Municipal Ordinances:
bench, under the guise of judicial knowledge,
1. First level courts- should take judicial
that which he knows only as an individual
notice of municipal ordinances in force
observer.”
in the municipality in which they sit.
-No need to present evidence. Why?
2. Regional Trial courts-
 Takes judicial notice only:
a) When required to do so by statute or When is a fact said to be generally
charter; or recognized?
b) On appeal from a judgment of the When its existence is accepted by the public
First Level Court without qualification or contention

Level of Courts: If a party presents evidence on the matter

1st Level Courts- MTC, MTCC, MCTC, taken on judicial notice by the court?
2nd level court- RTC
Formal introduction of evidence is not
A first level court- can take judicial notice of required:
a city ordinance To establish a fact of which judicial notice is
taken
RTC-
a) When required to do so by statute or If evidence is not necessary to establish a
charter; or fact that is beyond dispute:
b) On appeal from a judgment of the First Evidence is not admissible to contradict such
Level Court fact.

Sec. 4 Judicial admissions

Would your answer be the same if the case An admission, oral or written, made by a party
is appealed in the RTC involving city in the course of the proceedings in the same
ordinances, can the RTC take judicial case, does not require proof.
notice of the ordinance?
Yes Admission may be contradicted ONLY by
showing:
doctrine is limited to PUBLIC or GENERAL a) That it was made through palpable
statutes of the Legislature ONLY: mistake; or
It excludes ordinances and regulations of local b) That the imputed admission was not, in
boards and councils. fact, made.

NOTE: This is so even if the charter of an LGU Judicial Admission- a voluntary

requires courts sitting in said LGU to take acknowledgment made by a party of the
judicial notice thereof. existence of a certain fact
-it is thus, against the interest of the declarant
Can a court judicial notice of the records of
the case?
Generl Rule: No What rule excludes evidence that is offered
to prove what is judicially admitted?
See p. 100
Elements of Judicial Admission- (PSF)
Courts are not authorized to take judicial 1. must be made by a party to the case
notice of the contents of the records of 2. must be made in the course of the
other cases proceedings of the same case
a) Even when such cases have been tried 3. does not require a particular form for
or are pending in the same court. admission. [provision recognizes either verbal
b) Notwithstanding the fact that both or written admission]
cases may have been heard or are
actually pending before the same judge. In criminal cases when can there be
judicial admission?
For a matter to be taken judicial notice by p. 107
the court of law: Stages in a criminal proceeding-
It must be a subject of common and general
knowledge When can there be a judicial admission in
criminal proceeding?
In the pleadings- Palpable- mistake that is “clear to the mind or
Pre-trial- plain to see
Trial-
If the No such admission was made- p. 115
-Argument may be invoked when:
When is there an admission in the Answer? a) when the statement of a party is taken out
1. Actual admission of context.
2. Inferred from the failure to specifically b) his statement was made not in the sense it
deny the material allegations in the is made to appear by the other party.
other party’s pleadings
(See p. 109) Rule 130 Rules of Admissibility

Material averments in the complaint: Sec. 1 Object as evidence- object as evidence

Shall be deemed admitted when not are those addressed to the senses of the
specifically denied. ocurt.

Failure to specifically deny an actionable When an object is relevant to the fact in

document issue:
- Admitting the genuineness and due It may be exhibited to, examined or viewed by
execution of the actionable document. the court.

Can there be judicial admissions in Can we consider object evidence as

motions? physical evidence?
Yes p. 108 Riano Yes

What happens to an original complaint What will be the probative value of object
when it is amended? evidence?
-It is superseded. [superseded pleadings] -when we say probative value that means the
See p. 113 Riano weight
-
the original complaint may be used as Evidence by inspection:
evidence against the pleader by presenting it Entitled to the greatest weight
as evidence.
When physical evidence runs counter to
Admissions in a superseded pleading: testimonial evidence:
Are to be considered as extrajudicial Physical evidence must prevail.
admissions which must be proven
What are the senses of the court?
p. 120 [Entire range of human senses:
Dismissed pleadings hearing, taste, smell and touch]
p. 113
-Admissions made in pleadings that have What are the requisites of the admissibility
been dismissed: of an object or real evidence?
Merely extrajudicial admissions. (RAWO) p. 122

Admissions by counsel a) Evidence must be relevant

-generally conclusive upon client b) Evidence must be authenticated
c) The authentication must be made by a
Even the negligence of counsel binds the competent witness
client. d) The object must be formally offered in
evidence
Can a party take a position in contrary to
which he has admitted.
To Authenticate the object: B) Some other person competent to
It must be shown that it is the very thing that testify on the accuracy thereof.
is either the:
a) subject matter of the lawsuit; or 2. Motion pictures and recording
b) The very one involved to prove an issue
in the case Tape recordings:
1. Witness should identify the speakers
2. State how he recognizes their voices;
Who may be a competent witness to and
authenticate a bolo? 3. That the recording was not taken in
p. 121 no. 4 violation of the Anti-Wiretapping Law
(RA 4200)
The witness must:
1. Have actual and personal knowledge of NOTE: The authentication process need not
the evidence he is presenting for involve the person who actually made the
admission recording.
2. Capacity to identify the object as the
very thing involved in the ligitation. 3. Diagrams. Models and maps
-presented to indicate the relative locations or
May the right against self-incrimination be positions of objects and persons
invoked against object evidence?
No, because no testimonial compulsion was 4. X-ray pictueres
involved. -also referred to as “skiagraphs” or
“radographs”
Demonstrative Evidence- not the actual
thing but represents or demonstrates the real Who authenticates?
thing. a) X-ray technician
b) Physician who testifies the competence
Picture of the person taking it, the procedure
May be Object or Documentary Evidence taken and that the x-ray picture shown
-Documentary evidence- if what the is that of the person
photograph intends to prove
5. Scientific tests, demonstrations and
Examples of demonstrative evidence.. experiments
p. 124-127
6. Text messages
1. Photographs
When is it competent? 7. Computer records
When it is properly authenticated by a witness -must be identified by a witness who can
Who: testify that the records are what they claim to
1. Is familiar with the scene or person be.
portrayed
2. Who testifies that the photograph View of an Object or Scene
faithfully represents what it depcts p. 128
-autoptic evidence
Photographic evidence of events , acts or
transactions shall be admissible in Court may make an ocular inspection of:
evidence provided that: a) A contested parcel of land
a) It shall be presented, displayed and b) Inspect a crime scene [to clarify itself
shown to the court; with certain matters raised by litigants]
b) It shall be identified, explained or c) Condition of vehicles in a civil case
authenticated by either:
A) The person who made the recording; Why is there a need for ocular inspection?
or There are times when a party cannot bring an
object to court for viewing in the courtroom.
View- going out of the courtroom to observe In what cases will the DNA test will apply?
places and objects SECTION 1. Scope. – This Rule shall apply
whenever DNA evidence, as defined in Section 3
Requirements for a valid ocular inspection: hereof, is offered, used, or proposed to be offered or
p. 128 used as evidence in all criminal and civil actions as
well as special proceedings.
NOTE: ocular inspection is an inherent
power of the court to order a view when there DNA in adultery
is a need to do so. -Read Rules how to go about applying for a
DNA examination
View:
a) Must be made in the presence of -Can it be field even in the absence of the
parties; or case?
b) At least with previous notice to them Yes

Categories of object evidence: (UMN)

Unique objects: objects that have readily Sec. 4. Application for DNA Testing Order. – The
identifiable marks. appropriate court may, at any time, either motu
proprio or on application of any person who has a
legal interest in the matter in litigation, order a DNA
Objects made unique:
testing. Such order shall issue after due hearing and
Objects that are made readily identifiable notice to the parties upon a showing of the following:
Non-unique objects: Objects with no- a. A biological sample exists that is relevant to
identifying marks the case;
b. The biological sample: (i) was not previously
Polygraph test- an electromechanical subjected to the type of DNA testing now
instrument that simultaneously measures and requested; or (ii) was previously subjected to
records certain physiological changes in the DNA testing, but the results may require
human body that are believed to be confirmation for good reasons;
involuntarily caused by an examinee’s c. The DNA testing uses a scientifically valid
conscious attempt to deceive the petitioner. technique;
What is the theory behind a polygraph d. The DNA testing has the scientific potential to
test? produce new information that is relevant to the
-a person who lies deliberately will have a proper resolution of the case; and
rising blood pressure and a subconscious e. The existence of other factors, if any, which
the court may consider as potentially affecting
block in breathing, which will be recorded on
the accuracy of integrity of the DNA testing.
the graph.
This Rule shall not preclude a DNA testing,
What is the probative value of this?
without need of a prior court order, at the behest of
any party, including law enforcement agencies, before
NOTE: the polygraph test has not yet attained a suit or proceeding is commenced.
scientific acceptance as a reliable and
accurate means of ascertaining truth or Documentary evidence
deception
Section 2. Documentary evidence. - Documents as
Blood Test evidence consist of:
DNA test- 1. writings,
2. recordings,
What is the evidentiary value of a DNA 3. photographs
Test? 4. or any material containing letters, words,
-it is a scientific fact that the totality of an sounds, numbers, figures, symbols, or their
individual’s DNA is unique for the individual. equivalent, or other modes of written
EXCEPT: for identical twins expression offered as proof of their contents.
 (b) When the original is in the custody or under the
control of the party against whom the evidence is
Photographs include still pictures, drawings, stored offered, and the latter fails to produce it after
images, x-ray films, motion pictures or videos. (2a) reasonable notice, or the original cannot be obtained
by local judicial processes or procedures;
Two categories of documents as evidence:
a) writings; or (c) When the original consists of numerous accounts
or other documents which cannot be examined in
b) any other material containing modes of
court without great loss of time and the fact sought to
written expressions. be established from them is only the general result of
the whole;
How do you determine if the photograph is
documentary or object? (d) When the original is a public record in the custody
By the purpose when the document is of a public officer or is recorded in a public office; and
p. 154-155
(e) When the original is not closely-related to a
It is always documentary: controlling issue. (3a)
If the purpose is to prove the contents of the
document Section 4. Original of document. —

Why is it important to know if it is an (a) An "original" of a document is the document

object or documentary evidence. itself OR any counterpart intended to have the
same effect by a person executing or issuing
Because of the applicability of certain rules or
it.
principles under the kind of evidence.
An "original" of a photograph includes the
Theory of indivisibility of evidence negative or any print therefrom.
p. 218
-Where a writing is presented by a party to
the Court as evidence of its contents: If data is stored in a computer or similar
The WHOLE of the document must be device:
considered. any printout or other output readable by sight or
other means, shown to reflect the data accurately,
Sec. 12, Rule 130 is an "original."

A party who calls for a document is not (b) A "duplicate" is a counterpart produced by the
bound to offer it: same impression as the original, or from the same
A party who calls for the production of a matrix, or by means of photography, including
enlargements and miniatures, or by mechanical or
document and inspects the same is not
electronic re-recording, or by chemical reproduction,
obliged to offer it as evidence. or by other equivalent techniques which accurately
reproduce the original.
See p. 220
c) A duplicate is admissible to the same extent as
Sec. 11-20 (Memorize, take it by heart) an original

1. Original Document Rule unless:

Section 3. Original document must be produced; (a) a genuine question is raised as to the authenticity
exceptions. - When the subject of inquiry is the of the original, or
contents of a document, writing, recording, (b) in the circumstances, it is unjust or inequitable to
photograph or other record: admit the duplicate in lieu of the original.
no evidence is admissible other than the original
document itself, except in the following cases: If the Issue is the execution or existence of
(LCGPC) the document OR the circumstances
surrounding its execution:
(a) When the original is lost or destroyed, or cannot The original document rule does not apply
be produced in court, without bad faith on the part of AND testimonial evidence is admissible.
the offeror;
When the subject of inquiry is the contents of Section 7. Summaries. - When the contents of
the document, then what is admissible in documents, records, photographs, or numerous
evidence is only the original of the accounts are voluminous and cannot be examined in
document. court without great loss of time,

But if what is to be proved: and the fact sought to be established is only the
general result of the whole,
1. Existence of the document
the contents of such evidence may be presented in
2. Execution of the document
the form of a chart, summary, or calculation.
3. Circumstances surrounding its
execution. The originals shall be available for examination or
copying, or both, by the adverse party at a reasonable
NOTE: You must know when to present the time and place. The court may order that they be
original and substitutionary. produced in court.

Purpose of the rule: Section 8. Evidence admissible when original

document is a public record. — When the original of a
NOTE: This is one of your grounds for the document is in the custody of a public officer or is
objection of the recorded in a public office,

Requirements of documentary evidence its contents may be proved by a certified copy

issued by the public officer in custody thereof.
1. Relevance
2. Competence
Section 9. Party who calls for document not bound to
3. Authenticated by a competent witness offer it. — A party who calls for the production of a
4. Offerred in evidence document and inspects the same:
is not obliged to offer it as evidence.
Here, you may object that the evidence
presented is NOT COMPETENT (because it is
excluded by the rule, it is not included in the Requisites for the introduction of
best evidence rule. secondary evidence in case of loss,
destruction or unavailability of the
Can this be waived? original: (EC-BD)
Yes, by failure to raise in the trial a) Offeror must prove the execution or
existence of the original document
Exceptions: b) Offeror must show the cause of its
(a-e) (LCGPC) unavailability
c) Offeror must show that the
2. Secondary Evidence unavailability was not due to his bad
Section 5. When original document is unavailable. - faith
When the original document has been lost or
d) Offeror must show that due diligence
destroyed, or cannot be produced in court, the offeror,
had been exercised in searching for it.
upon proof of its execution or existence and the cause
of its unavailability without bad faith on his or her part,
may prove its contents by: Order of presentation of secondary
1) a copy, or evidence: (CRT)
2) by recital of its contents in some authentic a) Copy
document, or b) Recital of the contents of the document
3) by the testimony of witnesses in some authentic document
IN THE ORDER stated. c) By the testimony of the witness

Section 6. When original document is in adverse

party's custody or control. - If the document is in the
custody or under the control of the adverse party,
he or she must have reasonable notice to produce it.
If after such notice and after satisfactory proof of its
existence, he or she fails to produce the document,
secondary evidence may be presented as in the case
of its loss. (6a)
Requisites for the introduction of What is an original document?
secondary evidence when the original is in the document itself OR any counterpart intended to
the custody or control of the adverse party, have the same effect by a person executing or issuing
or cannot be obtained by local judicial it.
processes or procedures:
(ECR-FL) Provisions of Rule on Electronic Evidence
1. That the original exists On Originals
2. Said document is under the custody or p. 171-172
control of the adverse party
3. The proponent has given reasonable What is a duplicate?
notice to the adverse party to produce a counterpart produced by the same impression as
the original document the original, or from the same matrix, or by means of
4. The adverse party failed to produce the photography, including enlargements and miniatures,
or by mechanical or electronic re-recording, or by
original document despite notice
chemical reproduction, or by other equivalent
5. Original cannot be obtained by local
techniques which accurately reproduce the original.
judicial processes or procedures.
What are the instances when duplicate
cannot be admitted
When:
What are local judicial processes or (a) a genuine question is raised as to the authenticity
procedures? of the original, or
Subpoena duces tecum- (b) in the circumstances, it is unjust or inequitable to
-also specify which document the adverse admit the duplicate in lieu of the original.
party is to bring to court.
Original printout of facsimile transmissions
Subpoena ad testificandum The terms electronic data message and
electronic document:
How do you lay your basis? • do not include a facsimile transmission
By presenting our witnesses to establish your and
basis to presenting secondary evidence. • cannot be considered as electronic
evidence
Requisites for the introduction of
secondary evidence when the original On the Original Document Rule
document is a public record. General Rule: Show the original document
A public record cannot be brought out from Exception: Secondary Evidence Rule
the office and brought in to court.
Sec.9 Read and memorize
What may be shown is: the certified true
copy. Section 9. Party who calls for document not bound to
offer it. — A party who calls for the production of a
Who usually issues the certified true copy? document and inspects the same:
The records officer. is not obliged to offer it as evidence.

In practice
Photocopy and original is brought to court and Parol Evidence Rule-
shown to the opposing counsel for Sec. 10., Rule 130
comparison. [To Prove first that the
photocopy is a faithful representation of the
original] 3. Parol Evidence Rule

5 instances when you can present Section 10. Evidence of written agreements. —
secondary evidence. See (a-e) Sec. 3, Rule When the terms of an agreement have been
130 reduced to writing, it is considered as containing all
the terms agreed upon and there can be, as between
the parties and their successors in interest, no
evidence of such terms other than the contents of the Parol evidence rule applies only:
written agreement. 1. As between the parties
2. Successors in interest
However, a party may present evidence to modify,
explain or add to the terms of the written NOTE: If there is a stranger in action, the
agreement: parol evidence rule does not apply.
if he or she puts in issue in a verified pleading: (FIVE)
A and B entered in the contract of sale of a
(a) An intrinsic ambiguity, mistake or imperfection in
parcel of land. A sues B and C in order for the
the written agreement;
delivery of the property to A. The only parties
(b) The failure of the written agreement to express the are A and B.
true intent and agreement of the parties thereto; This means: C can introduce Parol evidence
because he is not bound by the general rule.
(c) The validity of the written agreement; or
What is the issue: The terms of the
(d) The existence of other terms agreed to by the agreement of the parties.
parties or their successors in interest after the
execution of the written agreement. Intrinsic ambiguity in the writing

The term "agreement" includes wills. (9a) Ex. Put in issue that the seller has two lots of
the same size and location.
Parol- refers to oral/testimonial/evidence
aliunde/ extraneous evidence/ outside Prior, Contemporaneous and Subsequent
evidence agreements
What must be put in issue, are those
If the proponent offers object evidence, the agreements subsequent to the written
parol evidence rule does not apply. agreement in issue.
p. 189- RIano
More specifically, parol evidence applies to p. 270- Peralta
written agreements.

As between the a) parties and b) successors Validity impugned p. 269 Peralta

in interest..
1. Fraud
How do you present parol evidence 2. Inequitable conduct

What is a verified pleading? Reformation- Obligations and Contracts

See Sec. 4, Rule 7
If the instrument does not reflect the true
-A pleading is verified: by an affidavit that intention of the parties
the affiant has read the pleading and that the It is for Reformation
allegations therein are true and correct of his
personal knowledge or based on authentic If it involves the vitiation of the consent of
records one of the parties:
It is for annulment of the contract
A bought B’s property
Can b automatically introduce the contract If it is violative of the rule, it means that it
of loan and contract of mortgage? is excluded by the rule.
No, it must be put in issue in the verified Objection: Incompetent because it is in
answer. violation of the parol evidence rule

What are the things put in issue in the Distinctions between the original
verified answer? document rule and the parol evidence rule
p. 195
Testimonial Evidence
Anyone who can, see, hear smell and taste
can be a witness. As long as:
1. He can perceive

Can a blind person be a witness?

Yes, because he can still hear, taste etc.

Can a deaf-mute be a witness?

Yes, he can communicate through sign
language.

Ex if you the husband is killed, Wife testifies.

Can she be disqualified as a witness?
No

What is only affected is the:

Credibility of the witness

Sec. 21 gives the qualifications of a witness

Ex. A child 3 years old, is asked to testify at 6

years old.
There is no issue on the memory.

When should a witness possess the

qualifications?
It must be at the time of his presentation
as a witness.

What is an oath?
What is an affirmation?
p. 217-218

Child witness-
Competency of the child witness-

Credibility- believability of a witness

Competency v. Credibility