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CRIMINAL EVIDENCE REVIEWER

(includes amendments to the Revised Rules
on EvidenceAdministrative Matter No. 19- > Principle of Uniformity
08-15-SC) As a general policy, the rules of evidence
shall be same in all courts and in all trials
Evidence- is the means sanctioned by the and hearing
rules of ascertaining in a judicial
proceeding the truth respecting a matter of
fact. Proof vs Evidence
Evidence-medium or means by which a fact
Scope of the Rules on Evidence is proved or disproved
The rules of evidence, being part of the Rules
of Court, apply ONLY to JUDICIAL Proof-result or effect of evidence
PROCEEDINGS.

Elements: Factum Probans vs Factum Probandum

1. Evidence as means of ascertainment-
includes not only the procedure or manner of Factum probandum-fact or proposition to
ascertainment but also the evidentiary fact be established; ultimate facts
from which the truth respecting a matter of
fact may be ascertained Factum probans- facts or material
evidencing the fact or proposition to be
2. Sanctioned by the rules- not excluded by established; evidentiary facts
must be allowed by the Rules of Court or by
law
> Admissibility of Evidence
3. In a judicial proceeding- contemplates an Requisites for Admissibility of Evidence
action or proceeding filed in a court of law; 1. The evidence is RELEVANT to the issue
not a mere dispute between two contending 2. The evidence is NOT EXCLUDED by the
parties Constitution, the law or the rules
(COMPETENT)
4. The truth respecting a matter of fact-
refers to an issue of fact (substantive- facts to POINT OF INTEREST. Relevancy is an
be established and procedural- manner of affair of logic, human experience and
proving said facts) common sense while competency is
determined by the Constitution and law.
POINT OF INTEREST. The purpose of
evidence is to ascertain the truth respecting a
matter of fact. > Relevancy of Evidence
Evidence must have such a relation
There is a presumption that the court is not (rational probative value) to the fact in
aware of the veracity of facts involved in a issue as to induce belief in its existence or
case, thus it is incumbent upon parties to non-existence.
prove a fact in issue through presentation of
admissible evidence >Kinds of Admissibility
1.Multiple Admissibility- where the evidence
The Rules of Court shall not apply to: is relevant and competent for two or more
1. Naturalization proceedings purposes
2. Insolvency proceedings
3. Cadastral proceedings 2. Conditional Admissibility- where the
4. Other cases as may be provided by law evidence at the time of the offer appears to be
5. Land Registration Cases immaterial or irrelevant unless it is connected
6. Election cases with the other facts to be subsequently proved,
such evidence may be received on condition
that the other facts will be proved thereafter
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3. Curative Admissibility- it allows the As to the similarity of character or nature of

party to introduce otherwise inadmissible the additional evidence
evidence to answer the opposing party’s Cumulative vs Corroborative
previous introduction of inadmissible
evidence Cumulative evidence- refers to evidence of
the same kind and character as that already
POINT OF INTEREST. Admissibility of given and that tends to prove the same
evidence is NOT the weight of evidence: proposition

The admissibility of evidence depends on its Corroborative evidence- one that is

relevance and competence, while the weight supplementary to that already given tending
of evidence pertains to evidence already to strengthen or confirm it; additional
admitted and its tendency to convince and evidence of a different character to the
persuade. same point

Thus, a particular item of evidence may be

admissible, but its evidentiary weight Positive vs Negative
depends on judicial evaluation within the Positive evidence- when the witness affirms
guidelines provided by the Rules of Court. in the stand that a certain state of facts does
not exist or that a certain event happened

Kinds of Evidence Negative evidence- when the witness states

As to its nature: that an event did not occur or that the state
Object vs Documentary vs Testimonial of facts alleged to exist does not actually
exist
1. Object- evidence directly addressed to the
senses of the court and is capable of being
exhibited to, examined or viewed by the court As to weight and acceptability
Primary vs Secondary
2. Documentary- Documents as evidence
consist of writing, recordings, photographs or Primary evidence- evidence which affords
any material containing letters, the greatest certainty of the fact in question
words, sounds, numbers, figures, symbols, or
their equivalent, or other modes of written Secondary evidence- evidence which is
expression offered as proof of their inferior to primary evidence and
contents. Photographs include still pictures,
admissible only in the absence of primary
drawings, stored images, x-ray films, motion
pictures or videos.

3. Testimonial- evidence which consists of the As to degree or value in establishing a

narration or deposition by one who has disputed fact
observed or has personal knowledge of that to Prima facie vs Conclusive
which he is testifying.
Prima facie- that which standing alone
As to ability to establish a fact: unexplained or uncontradicted is sufficient
Direct vs Circumstantial to maintain the proposition affirmed

Direct evidence- proves a fact without the Conclusive- evidence which is

need to make an inference from another fact incontrovertible or one which the law does
not allow to be contradicted
Circumstantial or indirect evidence- that
evidence which indirectly proves a fact in
issue through an inference which the fact
finder draws from the evidence established
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Rebuttal vs Sur-rebuttal Evidence Weight to be given opinion of expert

Rebuttal- evidence is that kind which is witness:
given to explain, repel, counteract or The court has a wide latitude of discretion
disprove facts given in evidence by the in determining the weight to be given to such
adverse party opinion, and for that purpose may consider
the following:
Sur-rebuttal- a reply to rebuttal evidence
 (a) Whether the opinion is based upon
Expert evidence- it is the testimony of one sufficient facts or data;
possessing in regard to a particular subject
or department of human activity,  (b) Whether it is the product of
knowledge not usually acquired by one reliable principles and methods;
person.
 (c) Whether the witness has applied
the principles and methods reliably to
QUANTUM OF EVIDENCE the facts of the case; and
(WEIGHT AND SUFFICIENCY OF
EVIDENCE)  (d) Such other factors as the court
may deem helpful to make such
Weight of evidence- probative value given determination.
by the court to particular evidence admitted
to prove a fact in issue
JUDICIAL NOTICE
Hierarchy of Quantum of Evidence Facts that need not be proved
1. Those of which the courts may take
1. Proof beyond reasonable doubt- required judicial notice
to convict an accused 2. Those that are judicially admitted
- refers to moral certainty or that degree of 3. Those that are conclusively presumed
proof which produces conviction in an
unprejudiced mind Judicial Notice
-does not demand absolute certainty and - it is the cognizance of certain facts which
the exclusion of all possibility of error judges may properly take and act upon
without proof because they are supposed to
2. Preponderance of Evidence- degree of be known to them
proof required in all civil cases -based on considerations of expediency and
-evidence which is of greater weight or a convenience.
superior weight of evidence than that which -it dispenses the presentation of evidence,
is offered in opposition to it being equivalent to proof

3. Substantial Evidence- such relevant

evidence as a reasonable mind might Kinds of Judicial Notice
accept as adequate to support a conclusion 1. Mandatory Judicial Notice-court is
compelled to take judicial notice; takes place
4. Circumstantial evidence is sufficient for at court’s initiative; no hearing required
conviction if:
(a) There is more than one circumstance; 2. Discretionary Judicial Notice- court is
(b) The facts from which the inferences are not compelled to take judicial notice; maybe
derived are proven; and at court’s own initiative or on request of a
(c) The combination of all the circumstances party; needs hearing and presentation of
is such as to produce a conviction beyond evidence
reasonable doubt.
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Matters subject to mandatory judicial Judicial Notice of Foreign Laws

notice General Rule: Courts cannot take judicial
1. Existence and territorial extent of states notice of foreign laws. They must be alleged
2. Political history, forms of government and proved.
and symbols of nationality Exception: When said laws are within the
3. Law of Nations actual knowledge of the court and such laws
4. Admiralty and maritime courts of the are well and generally known
world and their seals
5. Political constitution and history of the
Philippines
6. Official acts of legislative, executive and OBJECT/REAL EVIDENCE
judicial departments of the Philippines Object as evidence are those addressed to
7. Laws of nature the senses of the court. When an object is
8. Measure of time relevant to the fact in issue, it may be
9. Geographical divisions exhibited to, examined or viewed by the
court.
Discretionary Judicial Notice
Matters which the court may take judicial POINT OF INTEREST.
notice of: Other names of Object Evidence: Real
1. Matters of public knowledge evidence, Demonstrative evidence, autoptic
Public knowledge are those matters coming preference and physical evidence
to the knowledge of men generally in the
course of ordinary experiences of life or they Physical evidence is a mute but eloquent
may be matters which are generally accepted manifestation of truth and it ranks high in our
by mankind as true hierarchy of trustworthy evidence; where
physical evidence runs counter to testimonial
2. Capable of unquestionable evidence, physical evidence should prevail
demonstration
Matters of unquestionable demonstration are Examples of Object Evidence
facts, theories and conclusions which have 1. Any article or object which may be
come to be established and accepted by the known or perceived by the use of the senses
specialists in the areas of natural science, 2. Examination of the anatomy of a person
technology, geography and other fields of or of any substance taken therefrom
professional and scientific knowledge 3. Conduct of tests, demonstrations or
experiments
3. Ought to be known to judges because of 4. Examination of representative portrayals
their judicial functions of the object in question (maps, diagrams)
5. Documents, if the purpose is to prove
their existence or condition
Requisites for Discretionary Judicial Notice 6. A person’s appearance, where relevant
to apply
1. The matter must be one of common and
general knowledge Requisites for Admissibility of Object
2. It must be well and authoritatively settled Evidence
and not doubtful or uncertain 1. It must be relevant and competent
3. It must be one which is not subject to a 2. Authenticated
reasonable dispute in that it is either: 3. The authentication must be made by a
a. generally known within the territorial competent witness who should identify the
jurisdiction of the trial court object to be the actual thing involved
b. capable of accurate and ready 4. The object must be formally offered in
determination by resorting to sources evidence
whose accuracy cannot be questionable
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POINT OF INTEREST.
Purposes of authentication of object Rule on DNA Evidence
evidence DNA- deoxyribonucleic acid is the chain of
1. prevent the introduction of object different molecules found in every nucleated cell of
from the one testified about the body
2. ensure that there have been no significant
changes in the object’s condition Application of the Rule on DNA Evidence:
It shall apply whenever DNA evidence is
Categories of Object for purposes of offered, used or proposed to be offered or
Authentication used as evidence in all criminal and civil
1. Unique Objects- those that have readily actions as well as special proceedings
identifiable marks (ex. a calibre 40 gun
with serial number XXX666)

2. Objects made Unique-those that are DOCUMENTARY EVIDENCE

made readily identifiable (ex. a bolo knife Documents as evidence consist of
used to hack the victim which could be writing, recordings, photographs or any
identified by a witness in court) material containing letters, words, sounds,
numbers, figures, symbols, or their
3. Non-unique objects- those which have no equivalent, or other modes of written
identifying marks and cannot be marked expression offered as proof of their
contents. Photographs include still pictures,
View of an Object or Scene drawings, stored images, x-ray films,
When an object is relevant to the fact in motion pictures or videos.
issue, it may be exhibited to, examined or
viewed by the court/
What is a document?
Where the object in question cannot be A document is a deed, instrument or other
produced in court because it is immovable or duly notarized paper by which something
inconvenient to remove, it is proper for the is proved
court to go to the object in its place and
observe it- OCULAR INSPECTION Requisites for Admissibility
1. The document should be relevant
POINT OF INTEREST. An ocular inspection 2. The document should be authenticated
is part of the trial; parties must be notified 3. The document should be identified and
marked
4. They should be formally offered to the
Chain of Custody court
It is the duly recorded authorized
movements and custody of seized drugs or POINT OF INTEREST.
controlled chemicals or plant sources of ORIGINAL DOCUMENT RULE
dangerous drugs or laboratory equipment General rule: When the subject of inquiry is
of each stage: the contents of a document, writing,
1.From the time of seizure/confiscation to; recording, photograph or other record, no
2. Receipt in the forensic laboratory to; evidence is admissible other than the
3. Safekeeping to; original document itself
4. Presentation in court for destruction
(a) When the original is lost or
destroyed, or cannot be produced in
POINT OF INTEREST. court, without bad faith on the part of
Purpose of establishing a chain of custody the offeror;
To guarantee the integrity of the physical
evidence and to prevent the introduction of (b) When the original is in the custody
evidence which is not authentic or under the control of the party
against whom the evidence is offered,
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and the latter fails to produce it after Secondary evidence

reasonable notice, or the original -refers to evidence other than the original
cannot be obtained by local judicial instrument or document itself
processes or procedures;
Requisites before the contents of the
(c) When the original consists of original may be proved by secondary
numerous accounts or other evidence
documents which cannot be examined (Laying the basis/laying the predicate)
in court without great loss of time and The offeror must prove the following:
the fact sought to be established from 1. Execution and existence of the original
them is only the general result of the document
whole; and 2. Cause of its unavailability
3. The unavailability of the original is not
(d) When the original is a public due to bad faith on his part
record in the custody of a public
officer or is recorded in a public office. Order of presentation of secondary
evidence
1. Copy of the original
Requisites for the applicability of the ODR 2. Recital of the contents of the document in
1. The subject matter must involve a some authentic document
document 3. By testimony of witnesses
2. The subject of the inquiry is the contents
of the document
Parol Evidence Rule
When the terms of an agreement have been
POINT OF INTEREST. reduced to writing, it is considered as
Meaning of Original Document containing all the terms agreed upon and
there can be, as between the parties and their
(a) An “original” of a document is the successors-in-interest, no evidence of such
document itself or any counterpart intended terms other than the contents of the written
to have the same effect by a person executing agreement
or issuing it.
Requisites for the application of Parol
An “original” of a photograph includes the Evidence Rule
negative or any print therefrom. If data is 1. There must be a valid contract
stored in a computer or similar device, any 2. The terms of the agreement must be
printout or other output readable by sight or reduced to writing. “Agreement” includes
other means, shown to reflect the data wills
accurately, is an “original.” 3. The dispute is between the parties or
their successors-in-interest
(b) A “duplicate” is a counterpart produced 4. There is dispute as to terms of the
by the same impression as the original, or agreement
from the same matrix, or by means of
photography, including enlargements and
miniatures, or by mechanical or electronic re- General Rule: Parol evidence rule prevents
recording, or by other equivalent techniques the presentation of parol evidence or
which accurately reproduce the original. evidence outside the agreement of parties
(c) A duplicate is admissible to the same
Exceptions to Parol Evidence Rule
extent as an original unless (1) a genuine
A party may present evidence to modify,
question is raised as to the authenticity of the
explain or add to the terms of the written
original, or (2) in the circumstances, it is
agreement if he puts in issue in a VERIFIED
unjust or inequitable to admit the duplicate in
pleading the following:
lieu of the original
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1. An intrinsic ambiguity, mistake or Original Document Parol Evidence

imperfection in the written agreement Rule Rule
2. Failure of the written agreement to
express the true intent of the parties
thereto Contemplates a Presupposes that the
3. Validity of the written agreement situation where the original is available
4. Existence of other terms agreed to by the original is not in court
parties or their successors-in-interest after the available in court
execution of the written agreement and/or there is
dispute as to
Authentication and Proof of Documents whether said writing
Authentication- process of proving the due is in original
execution and genuineness of a document

When authentication is not required Prohibits the Prohibits the varying

1. The writing is an ancient document introduction of of the terms of a
2. The writing is a public document or substitute evidence written agreement
record in lieu of the original
3. The writing is a notarial document, document regardless
acknowledged, proved and certified of whether or not it
4. The authenticity and due execution of the varies the contents
document has been expressly admitted or of the original
impliedly admitted by failure to deny the Applies to all kinds With the exception
same under oath of writing of wills, applies only
5. When such genuineness and due to written
execution are immaterial to the issue agreements

Can be invoked by Can be invoked only

Public Document vs Private Document any party to an when the
action regardless of controversy is
Public Document whether such party between the parties
1. The written official acts or records of participated or not in to the written
the official acts of the sovereign authority, the writing involved agreement, privies
official bodies and tribunals and public or any party directly
officers, whether of the Philippines or of a affected thereby
foreign country
2. Documents acknowledged before a notary Summaries – When the contents of
public except last wills and testaments documents, records, photographs, or
3. Public records, kept in the Philippines, of numerous accounts are voluminous and
private documents required by law to be cannot be examined in court without great
entered therein loss of time, and the fact sought to be
established is only the general result of the
Private Document- all other writings are whole, the contents of such evidence may be
private presented in the form of a chart, summary
or calculation.
Who may prove the due execution and
authenticity of private documents
1. By anyone who saw the document
executed or written TESTIMONIAL EVIDENCE
2. By evidence of the genuineness of the
signature or handwriting of the maker It is sometimes called viva voce evidence
which literally means “living voice” or by
word of mouth.
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Credibility of the Witness- refers to a witness

In this kind of evidence, a human being whose testimony is believable
(witness) is called to the stand, is asked
questions and answers the question asked of It refers to the weight and trustworthiness
him. or reliability of the testimony

Qualifications of a Witness Testimony confined to personal knowledge

All persons who can perceive and -A witness can testify only to those facts
perceiving and can make known their which he or she knows of his or her personal
perception to others maybe witnesses. knowledge; that is, which are derived from
his or her own perception.
POINT TO REMEMBER.
Religious or political belief, interest in the
outcome of the case or conviction of the Disqualifications of Witnesses
crime unless otherwise provided by law shall 1. Disqualification by reason of marriage
NOT be a ground for disqualification. (Absolute Disqualification)

A mental retardate is not, by reason of such 2. Disqualification by reason of privileged

handicap alone, be disqualified from communication(Relative
testifying in court. Mental retardation per se Disqualification)
does not affect credibility. A mentally a. Marital privilege
retarded may be a credible witness. The b. Attorney-client privilege (or person
acceptance of her testimony depends on the reasonably believed by the client to be
quality of her perceptions and the manner she licensed to engage in the practice of law);
can make them known to the court. If the c. Physician-patient privilege
testimony of a mental retardate is coherent, d. Minister/Priest privilege:
the same is admissible in court. (G.R. No. e. Public officer as regards
193507 - January 30, 2013) communications made in official confidence.

A prospective witness must show that he A public officer cannot be examined

has the following abilities: during or after his or her tenure as to
1.To observe- testimonial quality of communications made to him or her in
perception official confidence, when the court finds that
2. To remember- testimonial quality of the public interest would suffer by the
memory disclosure.
3. To relate- testimonial quality of narration
4. To recognize a duty to tell the truth- The communication shall remain privileged,
testimonial quality of sincerity even in the hands of a third person who
may have obtained the information, provided
Time when the witness must possess the that the original parties to the communication
qualifications took reasonable precaution to protect its
The qualifications and disqualifications of confidentiality.
witnesses are determined as of the time said
witnesses are produced for examination in
court or at the taking of their depositions
Disqualification by Reason of Privileged
Competency vs Credibility of a Witness Communication
Competency of a Witness- refers to a witness Scope: Applies to both civil and criminal
who can perceive and in perceiving, can cases except doctor-patient privilege
make known his perception to others. It is a (applicable to civil cases only)
matter of law/rule.
Unless waived, disqualification remains
It also includes the absence of any of the even AFTER the vicarious relationships
disqualifications imposed upon witness. therein have ceased to exist.
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POINT OF INTEREST. 3. In a criminal case for a crime committed

Conviction of crime as a ground for by one against the other or the latter’s
disqualification: direct descendants and ascendants
General Rule: Conviction of a crime is NOT 4. Where the testimony was made after the
a ground for disqualification of a witness dissolution of marriage.
5. Where the marital and domestic relations
Exceptions: Unless otherwise provided by are so strained that there is no more
law such as the following: harmony to be preserved nor peace and
1. Those who have been convicted of tranquility which may be disturbed, the
falsification of document, perjury or false reason based upon such harmony and
testimony are prohibited from being tranquility fails. In such a case, identity of
witnesses to a will interests disappears and the consequent
2. Those who have been convicted of an danger of perjury based on that identity is
offense involving moral turpitude cannot be non-existent. The security and confidences of
discharged to become a State Witness private life, which the law aims at protecting,
3. Absolute and Relative Disqualification will be nothing but ideals, which through
their absence, merely leave a void in the
unhappy home.

Disqualification by Reason of Marriage Extent of prohibition: testimony against

(Marital Disqualification) and in favor of the spouse; applicable to
During their marriage, the husband or the criminal and civil cases
wife cannot testify against the other
without the consent of the affected spouse, Who can claim immunity? Only by the
except in a civil case by one against the other, spouse-party
or in a criminal case for a crime committed
by one against the other or the latter’s direct Waiver of spousal immunity: Objections to
descendants or ascendants competency of a husband or wife to testify in
criminal prosecution against the other maybe
Reasons for the rule: WAIVED
1. Identity of interests between husband and
wife Who may assert the privilege?
2. If one were to testify against the other, The holder of the privilege, authorized
there is consequent danger of perjury persons and persons to whom privilege
3. The policy of the law is to guard the communication were made may assert the
security and confidences of private life, even privilege
at the risk of an occasional failure of justice
and to prevent disunion and unhappiness
Marital Privilege
Requisites for Application of Spousal The husband or the wife, during or after the
Immunity (Marital Disqualification) marriage cannot be examined without the
1. That the spouse against whom the consent of the other as to any
testimony of the other is offered is a party communication received in confidence by
to the case one from the other during the marriage
2. That the spouses are legally married except in a civil case by one against the other
3. That the testimony is offered during the or in a criminal case for a crime committed
existence of marriage by one against the other or the latter’s direct
4. That the case is not one against the other descendants or ascendants

Exceptions to marital disqualification rule: Requisites for the application of the

1. Consent is given by the party-spouse marital privilege
2. In a civil case filed by one against the 1. There must be a valid marriage between
other the husband and wife
2. There is communication received in
confidence by one from the other
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3. The confidential information was received (ii) Claimants through same

during the marriage deceased client. As to a
4. The spouse against whom such evidence is communication relevant to an issue
being offered has not given his or her between parties who claim through
consent to such testimony. the same or deceased client, regardless
of whether the claims are by testate or
intestate or by inter vivos transaction;
Attorney-Client Privilege
An attorney cannot, without the consent of (iii) Breach of duty by lawyer or
his client, be examined as to any client. As to a communication
communication made by the client to him or relevant to an issue of breach of duty
his advice given thereon in the course of or by the lawyer to his or her client, or
with a view to, professional employment by the client to his or her lawyer;
nor can attorney’s secretary, stenographer or
clerk be examined without the consent of the (iv) Document attested by the lawyer.
client and his employer concerning any fact As to a communication relevant to an
the knowledge of which has been acquired in issue concerning an attested document
such capacity to which the lawyer is an attesting
witness; or
Purpose of Attorney-client relationship:
To encourage full disclosure by client to his (v) Joint clients. As to a
or her attorney of all pertinent matters so as communication relevant to a matter of
to further the administration of justice. common interest between two or more
clients if the communication was
Requisites for the Application of Attorney- made by any of them to a lawyer
Client Privilege retained or consulted in common,
1. There is attorney-client relation; when offered in an action between any
2. The privilege also extends to “any person of the clients, unless they have
assisting the attorney” and “person expressly agreed otherwise.
reasonably believed by the client to be
licensed to engage in the practice of
law” Physician- Patient Privilege
3. The privilege is invoked with respect to a A physician, psychotherapist or person
confidential communication between reasonably believed by the patient to be
them in the course of or with a view to authorized to practice medicine or
professional employment psychotherapy cannot in a civil case,
4. The client has not given his consent to without the consent of the patient, be
the attorney’s testimony thereon or if the examined as to any confidential
attorney’s secretary, stenographer or clerk communication made for the purpose of
is sought to be examined, that both the diagnosis or treatment of the patient’s
client and the attorney have not given their physical, mental or emotional condition,
consent thereto including alcohol or drug addiction, between
the patient and his or her physician or
Waiver: Privilege is personal; can be psychotherapist. This privilege also applies
waived to persons, including members of the
patient’s family, who have participated in
Exceptions: the diagnosis or treatment of the patient
(i) Furtherance of crime or fraud. If under the direction of the physician or
the services or advice of the lawyer psychotherapist.
were sought or obtained to enable or
aid anyone to commit or plan to
commit what the client knew or
reasonably should have known to be a POINT OF INTEREST.
crime or fraud; A “psychotherapist” is:
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1. A person licensed to practice discipline enjoined by the church to which

medicine engaged in the diagnosis or the minister or priest belongs.
treatment of a mental or emotional
condition, or Purpose of the privilege: To allow or
 A person licensed as a psychologist by encourage individuals to fulfill their
the government while similarly religious, emotional or other needs by
engaged. protecting confidential disclosures to
religious practitioners
Purpose of the privilege: Intended to
facilitate and make safe, full and Requisites for the Application of the
confidential disclosure by patient to the Priest’s or Minister’s Privilege
physician (including members of the 1. The confession must have been made to
patient’s family, who have participated in the priest in his professional character
the diagnosis or treatment of the patient according to the discipline of the church to
under the direction of the physician or which the priest or minister belongs
psychotherapist, and to the one believed 2. Communications made must be
by the patient to be authorized to practice confidential
medicine or psychotherapy), of all facts,
circumstances and symptoms to the end that Public Officer as Regards
the physician may form a correct opinion and Communications Made in Official
be enabled safely to treat his patient Confidence
A public officer cannot be examined during
Waiver: Waiver may be made expressly or his term of office or after as to
impliedly. Waiver may be by a contract as in communications made to him in official
medical or life insurance. When there is confidence, when the court finds that the
disclosure by the patient of such information, public interest would suffer by the disclosure.
there is waiver.
The communication shall remain privileged,
Cases when Physician-Patient Privilege even in the hands of a third person who may
not applicable: have obtained the information, provided that
1. communication was not given in the original parties to the communication
confidence took reasonable precaution to protect its
2. communication is irrelevant to confidentiality.
professional employment
3. communication was made for unlawful Reason: Public Policy
purpose.
Requisites for Application of the Privilege
1. The holder of the privilege is the
POINT OF INTEREST. government, acting through a public officer
Priest/Minister Privilege 2. The communication was given to the
A minister or priest, cannot without the public officer in official confidence
consent of the person making the 3. The communication was given during the
confession, be examined as to any term of office of the public officer or after
confession made to or any advice given by 4. The public interest would suffer by the
him in his professional character, in the disclosure of the communication.
course of discipline enjoined by the church to
which the minister or priest belongs. POINT OF INTEREST.
Parental and Filial Privilege
A minister or person reasonably believed to No person shall be compelled to testify
be so cannot, without the consent of against his or her parents, other direct
the affected person be examined as to ascendants, children or other direct
any communication or confession made to or descendants, except when such testimony is
any advice given by him or her, in his indispensable in a crime against that person
professional character, in the course of or by one parent against the other.
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Privilege relating to trade secrets. – A Leading Question

person cannot be compelled to testify about It is one which suggests to the witness the
any trade secret, unless the non-disclosure answer which the examining party desires.
will conceal fraud or otherwise work A leading question is not allowed.
injustice. When disclosure is directed, the
court shall take such protective measures as
the interest of the owner of the trade secret Exceptions: (Leading questions
and of the parties and the furtherance of allowed)
justice may require. 1. On cross examination
2. On preliminary matters
3. When there is difficulty in getting
Rights and Obligations of a Witness direct and intelligible answers from a
Rights of a Witness witness who is ignorant or a child of
1. To be protected from irrelevant, tender years or is feeble mind or a
improper or insulting questions and from deaf mute
harsh or insulting demeanor 4. Of an unwilling or hostile witness
2. Not to be detained longer than the interest
of justice require
3. Not to be examined except only as to Admissions vs Confessions
matters pertinent to the issue
4. Not to give an answer which will tend to Admissions- a statement of fact which does
subject him to a penalty for an offense not involve an acknowledgment of guilt or
unless otherwise provided by law liability
5. Not to give an answer, which will tend to
degrade his reputation unless it be to the - may be made by third persons and certain
very fact at issue cases are admissible against a party

-applies to both criminal and civil cases

Obligations of a Witness
General Rule: A witness must answer -maybe express or implied (tacit)
questions although his answer may tend to
establish a claim against him - maybe judicial or extrajudicial

Exceptions: A witness may validly refuse to Judicial admissions-those made in the

answer under the following: course of the proceeding in the same case
1. Right against self-incrimination
2. Right against self-degradation Extrajudicial admissions-those made out of
court or in a judicial proceeding other than
the one under consideration
Order of Examination of Witness
1. Direct Examination- Examination-in-
chief by a party presenting him on the facts Confessions- statement of fact which
relevant to the issue involves an acknowledgment of guilt or
2. Cross-Examination- examination by liability
adverse party as to any matters stated in the -can be made only by the party himself and
direct examination or connected therewith in some instances are admissible against his
3. Redirect Examination- re-examination co-accused
by the party calling him to explain or -applies only to criminal cases
supplement answers given during cross- -must be express
examination -maybe judicial or extrajudicial confession
4. Re-cross Examination- re-examination
by the adverse party on matters stated in POINT OF INTEREST.
redirect examination For extrajudicial confession to be admissible:
1. voluntary
Leading and Misleading Questions 2. with the assistance of counsel
 13

3. in writing 8. Parts of res gestae

4. express 9. Entries in Official Records
10. Commercial lists and the likes
11. Learned treatises
HEARSAY: 12. Testimony or deposition at a former
Hearsay is a statement other than one proceeding
made by the declarant while testifying at a 13. Residual exception
trial or hearing, offered to prove the truth of
facts asserted therein. It is an out-of-court
statement made by a person who is not OPINION RULE
presented as a witness and said statement is
offered in evidence for the truth of the fact General Rule: The opinion of a witness is
asserted therein. not admissible. The witness must testify to
facts within their knowledge and may not
A statement is (1) an oral or written assertion state their opinion even on their cross
or (2) a non-verbal conduct of a person, if it examination.
is intended by him or her as an assertion.
Hearsay evidence is inadmissible except as Exceptions:
otherwise provided in these Rules. 1. Opinion of Expert Witness
2. Opinion of Ordinary Witness
When is a statement NOT hearsay? a. identity of a person about whom he
If the declarant testifies at the trial or has adequate knowledge
hearing and is subject to cross-examination b. a handwriting with which he has
concerning the statement, and the statement sufficient familiarity
is : c. mental sanity of a person with
(a) inconsistent with the declarant’s whom he is sufficiently acquainted
testimony, and was given under oath subject d. witness’ impressions of the emotion,
to the penalty of perjury at a trial, hearing, or behavior, condition or appearance of a
other proceeding, or in a deposition; person
(b) consistent with the declarant’s testimony
and is offered to rebut an express or implied
charge against the declarant of recent CHARACTER EVIDENCE
fabrication or improper influence or motive; Evidence of a person’s character or a trait
or (c) one of identification of a person made of character is not admissible for the
after perceiving him or her. purpose of proving action in conformity
therewith on a particular occasion, except:
(a) In Criminal Cases:
POINT OF INTEREST. (b)
Lack of First-Hand Knowledge: (1) The character of the offended
A witness can testify only to those facts party may be proved if it tends to
which he knows of based on his personal establish in any reasonable degree the
knowledge or those which are derived his probability of the offense charged.
own perception.
(2) The accused may prove his or her
Exceptions to the Hearsay Rule good moral character which is pertinent
1. Dying Declaration to the moral trait involved in the offense
2. Statement of decedent or person of charged. However, the prosecution may
unsound mind not prove his or her bad moral character
3. Declaration against Interest unless on rebuttal.
4. Act or Declaration about Pedigree
5. Records of regularly conducted business (b) In Civil Cases:
activity. Evidence of the moral character of a party in
6. Family Reputation or tradition regarding civil case is admissible only when pertinent
pedigree to the issue of character involved in the case.
7. Common reputation
 14

(c) In Criminal and Civil Cases: Rights and obligations of a witness. — A

Evidence of the moral character of a witness witness must answer questions, although his
is not admissible until such character has or her answer may tend to establish a claim
been impeached. against him or her. However, it is the right of
a witness:

Uses of character evidence: (1) To be protected from irrelevant,

1. As circumstantial evidence: that a improper, or insulting questions, and
person acted in conformity with his from harsh or insulting demeanor;
character
2. As direct evidence of his/her (2) Not to be detained longer than the
character: where character itself is the interests of justice require;
fact in issue
3. To impeach the adverse party’s (3) Not to be examined except only as
witness to matters pertinent to the issue;
4. To rehabilitate a witness whose
character has been impeached (4) Not to give an answer which will
tend to subject him or her to a penalty
How is character proved? for an offense unless otherwise
1. By reputation evidence provided by law; or
2. The witness’ opinion
3. Specific instances of conduct (5) Not to give an answer which will
tend to degrade his or her reputation,
unless it to be the very fact at issue or
BURDEN OF PROOF, BURDEN OF to a fact from which the fact in issue
would be presumed. But a witness
EVIDENCE AND PRESUMPTIONS
must answer to the fact of his or her
previous final conviction for an
Burden of Proof:
offense.
Burden of proof is the duty of a party to
present evidence on the facts in issue
necessary to establish his or her claim or Order in the examination of an individual
defense by the amount of evidence required witness. — The order in which the individual
by law. Burden of proof never shifts. witness may be examined is as follows;
a. Direct examination by the
Burden of Evidence: proponent- the examination-in-
Burden of evidence is the duty of the party to chief of a witness by the party
present evidence sufficient to establish or presenting him or her on the
rebut a fact in issue to establish a prima facts relevant to the issue
facie case. Burden of evidence may shift
from one party to the other in the course of b. Cross-examination by the
the proceedings, depending on the exigencies opponent: the witness may be
of the case. cross-examined by the adverse
party on any relevant matter.
Presentation of Evidence
This is the Wide Open Rule.
Examination to be done in open court. —
The examination of witnesses presented in a c. Re-direct examination by the
trial or hearing shall be done in open court, proponent;
and under oath or affirmation. Unless the
witness is incapacitated to speak, or the d. Re-cross-examination by the
questions calls for a different mode of opponent.
answer, the answers of the witness shall be
given orally.
Impeachment by evidence of conviction of
crime. – For the purpose of impeaching a
 15

witness, evidence that he or she has been AUTHENTICATION OF DOCUMENTS:

convicted by final judgment of a crime
shall be admitted if (a) the crime was If the office in which the record is kept is in
punishable by a penalty of excess of one foreign country, which is a contracting party
year; or (b) the crime involved moral to a treaty or convention to which the
turpitude, regardless of the penalty. Philippines is also a party, or considered a
public document under
However, evidence of a conviction is not such treaty or
admissible if the conviction has been the convention pursuant to
subject of amnesty or annulment of the paragraph (c) of Section
conviction 19 hereof, the
certificate or its
Zari v. Flores is one case that has provided equivalent shall be in the
jurisprudence its own list of crimes involving form prescribed by such
moral turpitude, namely: adultery, treaty or convention
concubinage, rape, arson, evasion of income subject to reciprocity
granted to public
tax, barratry, bigamy, blackmail, bribery, documents originating
criminal conspiracy to smuggle opium, from the Philippines. –
dueling, embezzlement, extortion, forgery, Apostille Convention on
libel, making fraudulent proof of loss on authentication of
insurance contract, murder, mutilation of
public records, fabrication of evidence,
offenses against pension laws, perjury,
seduction under the promise of marriage,
estafa, falsification of public document, and
estafa thru falsification of public document.
documents.

For documents
originating from a
OFFER OF EVIDENCE foreign country
which is not a
contracting party to
Offer of evidence. — The court shall a treaty or
consider no evidence which has not been convention, the
formally offered. The purpose for which the certificate may be
evidence is offered must be specified. made by a secretary
of the embassy or
When to make offer. — All evidence must be legation, consul
offered orally. general, consul, vice
consul, or consular
The offer of the testimony of a witness in agent or by any
officer in the foreign
evidence must be made at the time the service of the
witness is called to testify. Philippines stationed
in the foreign
The offer of documentary and object country in which the
evidence shall be made after the record is kept, and
presentation of a party’s testimonial authenticated by the
evidence. seal of his office.

Objection. — Objection to offer A document that is

accompanied by a
of evidence must be made orally
certificate or its
immediately after the offer is made. equivalent may be
presented in
evidence without
further proof, the
 16

certificate or its equivalent being prima facie

evidence of he due execution and genuineness of
the document involved. The certificate shall be
required when a treaty or convention between a
foreign country and the Philippines has abolished
the requirement, or has exempted the document
itself from this formality.