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EVIDENCE ADMISSIBILITY OF EVIDENCE

Concept: The means of ascertaining in a judicial proceeding, the Requisite: Evidence is admissible when it is relevant to the issue
truth respecting matter of fact. and not excluded by the Constitution, the law or these Rules.
Truth is not necessarily the actual truth, but one Relevant Competent
referred to as the judicial or legal truth. When the evidence has such a When evidence is not
relation to the fact in issue as excluded by the Constitution,
GENERAL PRINCIPLES to induce belief in its existence the law, or the Rules.
or non-existence.
Scope: the rules of evidence are specifically applicable only to
judicial proceedings. All other proceedings are NON-JUDICIAL,
ADMISSIBILITY WEIGHT OF EVIDENCE
hence, application of the rules of evidence in the ROC is not
Depends on its relevance and Pertains to evidence already
mandatory unless provided to be so by law or regulation.
competence. admitted and its tendency to
convince and persuade.
Uniformity of Application Refers to the question of Refers to the probative value
GR: The rules of evidence shall be the same in all courts and in whether or not the evidence is to the question of WON it
all trials and hearings. to be considered at all. proves an issue or fact.
XPN: If otherwise provided by the rules, law or SC While evidence may be Conversely, evidence w/c
issuances. admissible, it may be entitled which may have evidentiary
to little or no weight at all. weight may be inadmissible.
Weight to be given to such
Waiver of Rules of Evidence evidence, once admitted,
 Valid – If the rules waived are established merely for the depends on judicial
protection of parties. evaluation.
 Void – If the rules waived were established on the ground Note: A preliminary investigation is merely preparatory to a
of public policy. trial; it is not a trial on the merits. The admissibility or
inadmissibility of evidence cannot be ruled upon in a
PROOF EVIDENCE preliminary investigation.
It is the effect or result of Means by which a fact is
evidence. It is the persuasion proved or disproved. It is the Offer of Evidence: The court shall consider no evidence which
of the mind resulting from the medium of proof. has not been formally offered. The purpose for which the
consideration of evidence. evidence is offered must be specified.

FACTUM PROBANDUM FACTUM PROBANS

Fruit of the Poisonous Tree
The fact sough to be Fact by which the factum
Once the primary source is shown to have been
established. probandum is to be
established. unlawfully obtained, any secondary or derivative evidence
The proposition itself. Materials evidencing the derived from it is also inadmissible.
Civil Case: Elements of the proposition.
cause of action. Exclusionary Rule: any evidence obtained in violation of the
Criminal Case: Elements of the Constitution or law, shall be inadmissible as evidence in any
crime/offense. proceeding for any purpose.
One must adduce the factum probans (evidentiary facts) by
which the factum probandum (ultimate facts) can be
established. Note: There must be a law that renders the evidence
inadmissible.
BURDEN OF PROOF BURDEN OF EVIDENCE
The duty of a party to present The duty of a party to present Extrajudicial Confession: In order to be admissible in evidence
evidence on the facts in issue evidence sufficient to establish against the accused, it must be:
necessary to establish his or rebut a fact in issue to 1. Voluntarily made;
claim or defense. establish a prima facie case. 2. Made with the assistance of a competent and
Burden of Proof never shifts. May shift from one party to independent counsel; and
the other in the course of the
3. Expressly made and in writing.
proceedings.
Generally determined by the Generally determined by the
pleadings filed by the party. developments of the trial or Collateral Matters: Those which are offered as a basis for
by provisions of law or rules inference as to the existence or non-existence of the facts in
which may relieve the party issue. What the rules prohibit is evidence of irrelevant collateral
from presenting evidence on facts.
the fact alleged.
GR: Evidence on collateral matters is not allowed.
Note: In criminal cases, burden of proof rests on the
XPN: When it tends in any reasonable degree to
prosecution, while in civil cases, burden of proof rests on the
establish the probability or improbability of a fact in issue.
party who assets an affirmative allegation.
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Presumptions are conclusions; they do not apply when

Multiple Admissibility: Evidence that is relevant and competent there are no facts or allegations to support them.
for 2 or more purposes.
Such evidence shall be received if it satisfies the Presumptions of Fact Presumption of Law
requisites of admissibility for the purpose for which it is Those which the experience of Those which the law requires
presented –even if it does not satisfy the requisites for its mankind has shown to be to be drawn from the
admissibility for other purposes. valid, and founded on general existence of established facts
knowledge. in the absence of contrary
evidence.
Conditional Admissibility: When an evidence appears to be
immaterial or irrelevant at the time of its offer but is connected In the absence of a legal
with other facts to be subsequently proved, --may be received provision or ruling, there is no
as evidence on the condition that the other facts will be proved presumption of law.
thereafter.
Otherwise, the same shall be stricken out. Conclusive Disputable
Inferences which the law Presumptions that may be
Curative Admissibility: Where an improper evidence was makes so peremptory, that it overcome by contrary
will not allow them to be evidence, but satisfactory if
admitted over the objection of the opposing party, the other
overturned by any contrary uncontradicted.
shall be permitted to contradict it with a similar improper proof, however strong.
evidence –to contradict or neutralize the improper evidence
presented. Note: Adverse presumption of suppression of evidence is not
applicable when:
DIRECT EVIDENCE CIRCUMSTANTIAL 1. The suppression is not willful;
Proves a challenged fact Fact-finder must draw an 2. The evidence suppressed or withheld is merely
without the aid of any inference or reason from
corroborative or cumulative;
inference or presumption. circumstantial evidence.
3. The evidence is at the disposal of both parties; and
No greater degree of certainty is required when the evidence is
circumstantial than when it is direct. The same quantum of 4. The suppression is an exercise of a privilege.
evidence is still required.
Requisites: Conviction Based on Circumstantial Evidence Presumption of Regularity: Obtains only when there is no
1. There is more than one circumstance; deviation from the regular performance of duty. Where the
2. The facts from which the inferences are derived are proven; official act in question is irregular on its face, no presumption of
and regularity can arise.
3. The totality of the evidence must constitute an unbroken
chain showing the guilt of the accused beyond reasonable Construction of Rules of Evidence: Liberally construed in order
doubt. to promote their objective of securing a just, speedy and
inexpensive disposition of cases.
Competent Evidence Credible Evidence
Not excluded by the Refers to probative value or QUANTUM OF EVIDENCE
Constitution, the law, or the convincing weight. Proof Beyond Reasonable Doubt
Rules. In a criminal case, the accused is entitled to an
acquittal, unless his or her guilt is shown beyond reasonable
EQUIPOISE Rule in Criminal Proceedings: doubt.
Where the evidence is evenly balanced, the Note: The burden is on the prosecution to prove guilt
constitutional presumption of innocence tilts the scales in favor beyond reasonable doubt, NOT on the accused to prove
of the accused. his/her innocence. The prosecution must not rely on the
weakness of the evidence of the defense.
EQUIPONDERANCE Doctrine in Civil Cases
When there is doubt as to which side the evidence Preponderance of Evidence
preponderates, --the decision should be against the party with In civil cases, cause of action must be established by
the burden of proof. substantial evidence.
When neither party is able to establish its cause of Such evidence adduced by one side is, as a whole,
action, the courts have no choice but to leave them as they are superior to or has greater weight than that of the other.
and dismiss the complaint/petition.
Substantial Evidence
PRESUMPTIONS: An inference as to the existence of a fact not Degree of evidence required in cases filed before
actually known, arising from its usual connection with another administrative or quasi-judicial bodies.
which is known or based on past experience as to what course Such amount of relevant evidence which a reasonable
human affairs ordinarily take. mind might accept as adequate to justify a conclusion.
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Substantial Evidence Rule 7. Laws of nature;

Factual findings, especially when affirmed by the Court 8. Measure of time; and
of Appeals, are accorded not only great respect but also 9. Geographical divisions.
finality, and are deemed binding upon this Court so long as
Note: It is grave abuse of discretion if the court does not allow
they are supported by substantial evidence.
the taking of judicial notice.

Clear and Convincing Evidence When Discretionary:

Clear and convincing evidence is more than mere 1. Matters of public knowledge;
preponderance, but not to the extent of such certainty as is 2. Matters capable of unquestionable demonstration; and
required beyond reasonable doubt. 3. Matters ought to be known to judges because of their
When Applied: judicial functions.
 Standard required in granting or denying bail in extradition
Important: Judicial notice is not judicial knowledge. The mere
cases;
personal knowledge of the judge is not the judicial knowledge of
 Applied in proving the defense of denial and improper
the court, and he is not authorized to make his individual
motive;
knowledge of a fact, not generally or professionally known, the
 Used for overturning disputable presumptions, esp
basis of his action.
presumption of regularity;
 Standard of proof for invoking the justifying circumstance of
Court’s Own Acts and Records
self-defense as well as aggravating circumstance of
A court will take judicial notice of its own acts and
treachery.
records in the same case, of facts established in prior
proceedings in the same case.
JUDICIAL NOTICE AND JUDICIAL ADMISSIONS
What Need NOT be Proved: Records of Other Cases
 Facts subject of Judicial Notice; Courts are not authorized to take judicial notice of the
 Judicial Admissions; contents of the records of other cases, even when such
 Matters not Specifically denied in the answer; cases have been tried or are pending in the same court.
 Conclusive Presumptions;
 Those subject of an agreed statement of facts between XPNs: In the absence of objection, as a matter of
the parties. convenience to all parties, a court may properly treat all or
any part of the original record of a case filed in its archives
Note: Evidence is also not required when the issue is purely a as read into the record of a case pending before it, when
question of law. with knowledge of the opposing party.
Foreign Law: Where foreign law is not pleaded, or even if
Judicial Notice pleaded, but not proved under processual presumption, --the
It is the cognizance of certain facts that judges may presumption is that the foreign law is the same as ours.
properly take and act on without proof because these facts are
already known to them. JUDICIAL ADMISSIONS
An admission, oral or written, made by the party in the
Requisites of Judicial Notice: course of proceedings in a same case. It does not require proof.
1. Matter must be one of common and general Note: Admission made in another judicial proceeding will not be
knowledge; deemed a judicial admission in the case where the admission is
2. Must be well and authoritatively settled and not not made, but instead, it will be considered an extrajudicial
doubtful or uncertain; and admission –that needs to be offered before it can be
3. Must be known to be within the limits of the JD of the considered.
court.
Main Test: Notoriety (state if being famous or well-known). Note: Admissions in a superseded pleadings may be offered in
Such facts evidenced by public records and facts of general evidence against the pleader but must be offered as evidence
notoriety. since they became extra-judicial in nature the moment the
pleading containing the same are superseded by virtue of
When Mandatory: amendment.
1. Existence and territorial extent of states;
2. Their political history, forms of government, and symbols of Note: A party who judicially admits a fact cannot later challenge
nationality; said fact.
3. Law of nations;
4. Admiralty and maritime courts of the world and their seals;
Grounds to Controvert Judicial Admissions:
5. Political constitution and history of the Philippines;
a. That it was made through palpable mistake; or
6. Official acts of the legislative, executive and judicial
departments of the National Government of the Philippines; b. The imputed admission was not in fact made.
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Note: when the statement of a party is taken out of Competent and Authenticated:
context or that his statement was made not in the sense it is Authentication must be made by a competent witness.
made to appear by the other party. The witness must have the capacity to identify the object as the
Pre-Trial Admissions very thing involved in the litigation.
All agreements or admissions made or entered during
the pre-trial conference in a Criminal Case, shall be reduced in Categories of Object Evidence:
writing and signed by the accused and counsel; otherwise, they  Actual physical or “Autopic” evidence:
cannot be used against the accused. Unique Objects
XPN: In the civil case instituted with the criminal case, such Objects that have readily identifying marks or those that exhibit
admission will be admissible against any other party. identifiable visual or physical peculiarities.
Objects Made Unique
Objects with no unique characteristics but are made readily
Theory of Adoptive Admission
identifiable by law enforcers upon retrieval or confiscation.
An adoptive admission is a party’s reaction to a
Non-Unique Objects
statement or action by another person when it is reasonable to Objects with no identifying marks and cannot be marked.
treat the party’s reaction as an admission of something stated
or implied by the other person.

Note: statements made during preliminary investigation and  Demonstrative Evidence:

those during court-annexed mediations are not deemed judicial Those which represent the actual or physical object (or
admissions as they are not considered made in a judicial event in case of pictures or videos) being offered to support
proceeding. or draw an inference or to aid in comprehending the verbal
testimony of a witness.

OBJECT (REAL) EVIDENCE Note: Re-enactments are object evidence because they are
Nature: Those addressed to the senses of the court. exhibited, examined and viewed by the court.

Notes: Notes: Audio, photographic and video evidence of events, acts

 The right against self-incrimination cannot be invoked or transactions shall be admissible provided:
against object evidence, as DNA testing does not involve a. Shown, presented or displayed to the court; and
communicative or testimonial compulsion. b. Identified, explained or authenticated:
 A person’s appearance, where relevant, is admissible as  by the person who made the recording; or
object evidence, the same being addressed to the  by some other person competent to testify on the
senses of the court. accuracy thereof.

Requisites for Admissibility: CHAIN OF CUSTODY of Dangerous Drugs

1. Evidence must be relevant; It means the duly recorded authorized movements of
2. Evidence must be authenticated; each stage and custody of seized drugs or controlled chemicals,
3. Authentication must be made by a competent witness; and from the time of seizure/confiscation to receipt in the forensic
4. Object must be formally offered in evidence. laboratory to safekeeping to presentation in court for
destruction.
Note: Inspection or view outside the courtroom should be made
in the presence of the parties or at least with previous notice to As a method of authenticating evidence:
them in order that they may show the object to be viewed. It includes testimony about every link in the chain,
from the moment the item was picked up to the time it is
How Presented to Court: offered into evidence, in such a way that every person who
When an object is relevant to the fact in issue, it may touched the exhibit would describe how and from whom it was
be exhibited to, examined or viewed by the court. received -- to ensure that there had been no change in the
XPN: Court may refuse exhibition of object evidence and rely on condition of the item and no opportunity for someone not in the
testimonial evidence alone if: chain to have possession of the same.
1. Exhibition is contrary to public policy, morals or decency;
2. It would result in delays, inconvenience, unnecessary DNA Evidence
expenses out of proportion to the evidentiary value of such It constitutes the totality of the DNA profiles, results
object; and other genetic information directly generated from DNA
3. Evidence would be confusing or misleading; testing of biological samples.
4. The testimonial or documentary evidence already presented
clearly portrays the object in question as to render a view
thereof unnecessary.
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Biological Sample: any organic material originating from a Photographs in Relation to Documentary Evidence:
person’s body, even if found in inanimate objects, that is It shall include still pictures, drawings, stored images,
susceptible to DNA testing. x-ray films, motion pictures or videos.

DNA Testing Order REQUISITIES for Admissibility:

GR: The appropriate court may, at any time order a DNA testing, 1. The document must be relevant;
either motu proprio or on application of any person who has a 2. The evidence must be authenticated;
legal interest in the matter in litigation, --after due hearing and 3. The document must be authenticated by a competent
notice to the parties. witness;
XPN: DNA testing may be done without a prior court 4. The document must be formally offered in evidence.
order, at the behest of any party (including law enforcement
agencies), before a suit or proceeding is commenced. Original Document Rule
GR: When the subject of the inquiry is the contents of a
Note: The death of the petitioner does not ipso facto negate the document, no evidence is admissible other than the original
application of DNA testing for as long as there exist an document itself.
appropriate biological sample of his DNA.
When NOT Applicable: Where the issue is only as to whether
Post-Conviction DNA Testing: Post-conviction DNA testing may such document was actually executed, or exists, or on the
be available, without need of prior court order, to the circumstances relevant to or surrounding its execution, the
prosecution or any person convicted by final and executory original document rule do not apply.
judgment provided that: Any other substitutionary evidence is likewise
1. biological sample exists; admissible without need for accounting for the original.
2. such sample is relevant to the case; and
3. the testing would probably result in the reversal or Original – It can either be:
modification of the judgment of conviction.  The document itself; or
 Any counterpart intended to have the same effect by a
Remedy if the results are favorable to the convict: person executing or issuing it.
The convict or the prosecution may file a petition for a
writ of habeas corpus in the court of origin if the results of the  Original of a Photograph
post-conviction DNA testing are favorable to the convict. - Includes the negative or any print therefrom.
In case the court finds the petition to be meritorious, if  Original of Data Stored in a Computer
shall reverse or modify the judgment of conviction and order - Any printout or other output readable by sight or other
the release of the convict, unless continued detention is justified means, shown to reflect the data accurately, is an
for a lawful cause. “original”. A computer or similar device has to be
involved in its creation or storage.
Assessment of Probative Value and Admissibility of DNA:
The court shall consider the following: Duplicate Original: It is a counterpart produced from the same
1. The chain of custody –for possible contamination of the impression or matrix from that of the original, intended to have
samples. the same effect as the original. Carbon copies are deemed
2. The DNA testing methodology – for compliance with the duplicate.
scientifically valid standards in conducting the tests;
3. The forensic DNA laboratory – the relevant experience and GR: A duplicate is admissible to the same extent as an original.
credibility of the laboratory shall be properly established; XPN:
and a. When a genuine question is raised as to the
4. The reliability of the testing result. authenticity if the original; or
b. When it is unjust or inequitable to admit the duplicate
in lieu if the original.
DOCUMENTARY EVIDENCE
Documentary Evidence SECONDARY EVIDENCE
Documents as evidence consists of writings, GR: When the subject of the inquiry is the contents, no evidence
recordings, photographs, or any material containing letters, is admissible other than the original document itself.
words, sounds, numbers, figures, symbols, or their equivalent, XPN: Secondary evidence may be presented in the
or other modes of written expressions, --that are offered as following as exceptions to the original document rule:
proof of their contents. 1. When the original is lost or destroyed;
2. When the original is in the custody or control of the
adverse party;
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3. When documents and records are voluminous and cannot  Summaries

be examined in court without great loss of time; When the contents of documents or records are
4. When original is a public record. voluminous and cannot be examined in court without great loss
of time, --and the fact sought to be established from it is only
Pre-condition for Admission: All duplicates or counterparts the general result of the whole.
must be accounted for before using copies or presentation of
secondary evidence.
What to Present in Lieu of Original:
 When Original is Lost or Destroyed Chart, summary, or calculation of the contents of such
Requisites: The offeror must prove the following: evidence.
1. The execution or existence of the original;
2. The loss and destruction of the original or its non- Safety Net: The originals shall be available for examination,
reproduction in court; and copying or both by the adverse party. The court may also order
3. The unavailability of the original is not due to bad faith that they be produced in court.
on the part of the offeror.
Electronic Evidence
What to Present in Lieu of Original: (Must be presented in Scope: Rules on electronic evidence shall apply whenever an
such order.) electronic document is offered or used in evidence, unless
1. A copy; otherwise provided.
2. A recital of its contents in some authentic document; or Cases Covered:
3. The testimony of witnesses The Rules apply to all civil actions and proceedings, as
well as quasi-judicial and administrative cases, and may also
Note: In order that secondary evidence may be admissible, apply to criminal cases.
there must be proof by satisfactory evidence of:
a. Due execution of the original; Electronic Document:
b. Loss, destruction, or unavailability of all such originals; and a. Information or representation of such information, data,
c. Reasonable diligence and good faith in the search for or figures, or other forms of written expression;
attempt to produce the original. b. By which a right is established or an obligation extinguished,
or by which a facts may be proved and affirmed;
 When Original is in the custody of the Adverse Party c. Which is received, recorded, transmitted, stored, processed,
Requisites: retrieved, or produced electronically; and
1. Original is in the custody or under the control of the d. Includes digitally signed documents and nay print-out or
adverse party; output, readable by sight or other means, which accurately
2. The adverse party must have been given reasonable reflects the electronic data message or document.
notice to produce it;
3. There is satisfactory proof of existence of document; Original of an Electronic Document
and It shall be regarded as the equivalent of an original
4. After such notice, the adverse party fails to produce document, if it is a print out or output readable by sought or
the document. other means, shown to reflect the data accurately.

GR: When the original document cannot be obtained by judicial Duplicate of Electronic Document
processes or procedures, secondary evidence may be admitted. When a document is in 2 or more copies executed at
or about the same time with identical contents, or is a
 When Original is a Public Record counterpart produced by the same impression as the original –
Rule of Irremovability of Public Records which accurately produces the original, such copies shall be
Any public record must not be removed from the office duplicates regarded as the equivalent of the original.
in which it is kept. An official copy of which shall be admissible
in evidence. When Duplicate NOT Admissible:
XPN: Where an inspection of a record is essential to GR: A duplicate is admissible to the same extent as an original.
the just determination of a pending case, upon order of the XPN:
court. a. When a genuine question is raised as to the
authenticity if the original; or
What to Present in Lieu of Original: b. When it is unjust or inequitable to admit the duplicate
Certified copy issued by the public officer in custody in lieu if the original.
thereof.
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Facsimile Transmissions: It is not included as one of an Note: If the ephemeral communications are recorded and
electronic document, although produced electronically. It is embodied in an electronic document, then rules on
merely an exact copy preserving all the marks of an original. authentication of an electronic document shall apply.
Without the original, there is no way of determining on
its face whether the fax is genuine and authentic and was
originally signed by parties. Parol Evidence Rule
GR: When the terms of an agreement have been reduced in
Photocopies of Paper-based Documents: not considered as writing, it is considered as containing all the terms agreed upon
electronic documents. and there can be no evidence of such terms –other than the
contents of the written agreement itself.
Method of Proof: All matters relating to the admissibility and
evidentiary weight may be established by an affidavit: Parol Evidence: Any evidence aliunde, whether oral or written,
a. stating facts of direct personal knowledge of the affiant which is intended or tends to vary or contradict a complete and
or facts based on authentic records; and enforceable agreement embodied in a document.
b. affirmatively showing the competence of the affiant to
testify on the matters contained therein. Parol Evidence Rule
GR: It forbids any addition to or contradiction of the terms of a
Note: The affiant shall be made to affirm the contents of the written instrument --by testimony or other evidence purporting
affidavit in open court and may be crossexamined as a matter of to show that, at or before the execution of the parties' written
right. agreement, other or different terms were agreed upon by the
parties, varying the purport of the written contract.
Authentication of Private Electronic Document: Requisites for Applicability of the Rule:
 By evidence that it had been digitally signed by the person 1. There is a valid contract or agreement;
purported to have signed the same; 2. Terms of the agreement must be reduced in writing;
 By evidence that other appropriate security procedures as 3. Dispute is between parties and their successors in
may be authorized by the Supreme Court or by law for interest; and
authentication of electronic documents were applied to the 4. There is a dispute as to the terms of the agreement.
document; or
 By other evidence showing its integrity and reliability to the When Parol Evidence can be Introduced:
satisfaction of the judge. GR: Two (2) things must be established for parol evidence to be
admitted:
Proof of electronically notarized document: a. The existence of any of the four (4) exceptions has
A document electronically notarized in accordance been put in issue in a party's pleading; and
with the rules promulgated by the Supreme Court shall be b. That the parol evidence sought to be presented serves
considered as a public document and proved as a notarial to form the basis of the conclusion proposed by the
document under the Rules of Court. presenting party.

Audio, Photographic, and Video Evidence Four Exceptions:

Such evidence of events, acts or transactions shall be 1. Intrinsic ambiguity, mistake or imperfection in the written
admissible under the following: agreement;
a. It shall be shown, presented or displayed to the court; 2. Failure of the written agreement to express the true intent
and and agreement of the parties thereto;
b. Shall be identified, explained or authenticated by the Note: Evidence aliunde may be received to enable
person who made the recording, or by some other court to ascertain the true intention of the parties.
person competent to testify on the accuracy thereof. 3. Validity of the written agreement;
Note: Parol evidence may be admitted to show:
Ephemeral Electronic Communication:  True consideration of a contract;
It refers to telephone conversations, text messages,  Want/Illegality of consideration;
chat room sessions, streaming audio or video and other forms of  Incapacity of parties;
communication –evidence of which is not recorded or retained.  Fictitious/absolutely simulated contract; or
 Fraud in inducement
How Proved. 4. Existence of other terms agreed to by the parties or their
It shall be proven by testimony of a person who was a successors-in-interest after the execution of the written
party to the same, or has personal knowledge thereof. In the agreement.
absence of the foregoing, other competent evidence may be
admitted.
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Parol Evidence Original Document Rule the adverse party;

Presupposes that the original Contemplates the situation 3. When the genuineness and authenticity of the document
document is available in court. wherein the original writing is have been admitted; or
not available and/or there is a 4. When the document is not being offered as genuine.
dispute as to whether said
writing is the original. Note: When it is not offered as authentic, it only needs to be
Prohibits the admission of Prohibits the admission of identified as that which it is claimed to be.
other evidence to prove the secondary evidence if the
terms of a document other original is available. Genuineness of Handwriting
than the contents of the
It may be proved under the following modes:
document itself.
 By any witness who believes it to be the handwriting of such
Applies only to written Applies to all forms of writing.
agreements or contract, person because
including wills. - She’s seen the person write; or
Can only be invoked by the Can be invoked by any litigant - She’s seen writing purporting to be his upon which
parties to the agreement and to an action. the witness has acted or been charged, and has thus
their successor-in-interest. acquired knowledge of the handwriting of such
person.
Authentication and Proof of Documents  A comparison by the witness or the court of the questioned
Authentication handwriting, and admitted genuine specimens thereof; or
Proving that the objects and documents presented in  Opinion of handwriting experts.
evidence are genuine and what it purports to be, so as to tender
it legally admissible as evidence. Opinion of Handwriting Experts:
Their opinion is not binding upon the court. Their
Classes of Documents function is merely to place before the court data upon which the
PUBLIC DOCUMENTS court can form its own opinion.
1. Written official acts or records of the official acts of the
sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines or of a foreign country; Public Documents as Evidence
2. Notarial documents (except last wills and testaments); A public document is self-authenticating and requires
3. Documents considered public documents under treaties and no further authentication in order to be presented as evidence
conventions which are in force between the Philippines and in court.
the country of source; and
4. Public records, kept in the Philippines, of private documents Presumption of Authenticity:
required by law to be entered therein.
A public document enjoys the presumption of
PRIVATE DOCUMENTS regularity. It is a prima facie evidence of the truth of the facts
All other writings are private. stated therein and a conclusive presumption of its existence and
due execution.
Authentication of Private Documents To overcome this presumption, there must be clear
When Required: and convincing evidence.
GR: Before any private document offered as authentic is
received in evidence, its due execution and authenticity must be Proof of Official Record:
proved.  By an official publication thereof; or
 By a copy of the document attested by the officer having
Due Execution and Authenticity How Proved:
legal custody of the record.
 By anyone who saw the document executed or written;
 By evidence of the genuineness of the signature or
handwriting of the maker; or Note: The certificate shall not be required when a treaty or
 By other evidence showing its due execution and convention between a foreign country and the Philippines has
authenticity. abolished the requirement or has exempted the document
itself, when record is kept in a foreign country.
When NOT Required:
GR: The requirement of authentication of a private document is
How a Judicial Record is Impeached: Establish the ff:
excused only in four instances, specifically:
1. When the document is an ancient one;  Want of jurisdiction in the court or judicial officer;
a. When document is more than 30 years old;  Collusion between the parties; or
b. Produced from a custody in which it would naturally  Fraud in the party offering the record, with respect to the
be found if genuine; and proceedings.
c. Unblemished by any alterations or circumstances of Public Record of a Private Document
suspicion.
An authorized public record of a private document
2. When the genuineness and authenticity of the actionable
document have not been specifically denied under oath by may be proved by:
 The original record itself; or
9

 A copy thereof, attested by the legal custodian of the 1. He/she can perceive.
record –with appropriate certificate that such officer Corollary to perception is that the witness must have
has custody. personal knowledge of the facts surrounding the subject
matter of his testimony, derived from his perception.
Proof of Notarial Documents 2. He/she can make known his perception.
GR: Notarial documents may be presented in evidence without This means that he/she must have the ability to
further proof. The certificate of acknowledgment being prima remember and communicate the remembered perception.
facie evidence of the execution of the document involved. 3. He/she must take an oath or affirmation;
4. He/she must not possess any of the disqualifications.
Improperly Notarized Document
It is still a private document, it cannot be considered a Note: Religious/political belief, interest in the outcome of the
public document, and will not enjoy the presumption. case, or conviction of a crime shall not be ground for
disqualification.
Alterations: How to Account for Alterations: XPN: Persons convicted of falsification of a document,
Party producing a document as genuine may show that perjury or false testimony is disqualified from being witnesses to
the alteration: a will.
a. Was made by another, without his concurrence;
b. Was made with the consent of the parties affected by it; Presumption of Competency
c. Was otherwise properly or innocently made; or A person who tales the witness stand is presumed by
d. Did not change the meaning or language of the instrument. law to be competent, on the ground of public policy. The court
cannot reject the witness over an objection in the absence of
Note: The alteration may affect the admissibility of the altered proof of his incompetency.
document if: XPN: Presumption of Incompetency. Prima facie
 Document is being offered as genuine; evidence of incompetency exists in the following:
 Alteration was made after the execution of the document; or  Fact that the person has been recently found of unsound
 Alteration is in part material to the question in dispute. mind by a court of competent JD; or
 That witness is an inmate of an asylum for the insane.
Documentary Evidence in an Unofficial Language
GR: Not admissible unless accompanied by a translation into Deaf-Mute: Competent to be a witness so long as he/she has
English or Filipino. the faculty to make observations and he/she can make those
observations known to others.
Note: If offered in evidence and not objected to, either by the
parties or the court, it must be presumed that the language in Mental Retardate: Mere intellectual weakness of a witness is
which the document is written is understood by all, and the not a ground for disqualification.
document is admissible in evidence. As long as at the time she testified, she had the mental
capacity to distinguish between right and wrong, understand
the obligation of his oath and give a fairly reasonable narrative
TESTIMONIAL EVIDENCE on the matter she testifies to.
Testimonial Evidence
It consists of statements of a witness offered to the Remedy for Errors or Questions on Competence:
court, which can either be evidence elicited from the mouth of Appeal is the proper remedy for the correction of any
the witness or by judicial affidavit. error as to the competency of a witness committed by an
inferior court in the course of the trial.
Pre-Condition for Admission:
Every pleading shall state a summary of witnesses’ DISQUALIFICATIONS OF A WITNESS
intended testimonies with their judicial affidavits attached to Marital Disqualification
the pleading and shall form an integral part thereof. During their marriage, the husband or the wife cannot
testify against the other without the consent of the affected
GR: Only witnesses whose judicial affidavits are attached to the spouse.
pleading shall be presented during trial. XPNs: Spouse may testify for or against the other even without
XPN: If a party presents meritorious reasons as basis the consent of the latter:
for admission of additional witnesses.  In a civil case by one against the other; or
 In a criminal case for a crime committed by one against
the other or the latter’s direct descendants or ascendants.

QUALIFICATIONS OF A WITNESS Testimony In Favor of the Other Spouse:

10

The disqualification to testify only applies on matters Duration of Privilege: May be invoked even after marriage as
against the other without the consent of the affected spouse, long as communication was privileged.
and not on testimony in favor of the same.
Marital Disqualification Marital Privilege
ELEMENTS: One spouse should be a party Neither of the spouses need to
1. The spouse whom against the testimony is offered is a to the case. be a party.
party to the case; Applies only if the marriage is Does not cease even after the
existing at the time the marriage is dissolved; and
2. Spouses are legally married; and
testimony is offered; and
3. Testimony is offered during the existence of marriage.
Constitutes a total prohibition Prohibition is limited to
on any testimony against the testimony on confidential
Important: Where the marital and domestic relations are so spouse of the witness. communications between
strained that there is no more harmony to be preserved, the spouses.
identity of interest disappears and consequent danger of perjury
based on that identity is non-existent. There is no longer any  Attorney-Client Privilege
reason to apply the marital disqualification. ELEMENTS:
1. The Attorney or any person reasonably believed to be
Duration of Disqualification: Privilege lasts only during the licensed to engage in the practice of law;
marriage. Upon its termination by death or annulment/divorce, 2. Cannot be examined as to any subject matter of the
the other spouse may testify on any matter not learned in privilege:
confidence (marital privilege still apply).  Any communication made by the client to
him/her; or
Disqualification by Reason of Privileged Communication  His/her advice given thereon in the course of, or
RULE ON THIRD PARTIES: with a view to, professional employment.
The communication shall remain privileged, even in 3. Without the consent of his client.
the hands of a third person who may have obtained the
information.
Condition: As long as original parties to the communication took  As to Attorney’s Secretary, stenographer, clerk, or other
reasonable precaution to protect its confidentiality. persons assisting the attorney:
(New rule that replaced the old rule which removes the privilege a. Without the consent of the client and his/her
from communications that landed in the hands of third parties.) employer;
b. Cannot be examined concerning any fact the
 Husband and Wife [Marital Communication Privilege] knowledge of which has been acquired in such
ELEMENTS: capacity.
1. The husband or the wife, who are legally married;
2. Cannot be examined without the consent of the other; and EXCEPTIONS
3. As to any communication received in confidence by one  Furtherance of Crime of Fraud
from the other during the marriage. - If services were sought to enable or aid anyone to
commit what the client known or reasonably should
XPN: Spouse may testify for or against the other even without have known to be a crime or fraud.
the consent of the latter:  Claimants Through Same Deceased Client
 In a civil case by one against the other; or - Communications relevant to an issue between parties
 In a criminal case for a crime committed by one against who claim through the deceased client.
the other or the latter’s direct descendants or ascendants.  Breach if any Duty by Lawyer or Client
- As to communications relevant to an issue of breach of
When Not Applicable: duty by the lawyer to his client or vice versa.
1. When the communication was not intended to be kept in  Document Attested by the Lawyer
confidence; - As to communications relevant to an issue concerning
2. When the communication was made prior to the marriage; an attested document to which lawyer is an attesting
or witness.
3. Waiver of the privilege.  Joint Clients
- As to communications relevant to a matter of common
Waiver: Failure of the spouse to object as well as calling spouse interest between 2 or more clients, if the same was by
as a witness, being vulnerable for cross examination. any of them to the lawyer retained or consulted in
Note: The incompetency is waived by failure to make a common –and such communication is offered in an
timely objection to the admission of spouse’s testimony. action between any of the clients.
11

GR: The attorney-client privilege may not be invoked to refuse  Public Officers
to divulge the identity of the client. ELEMENTS:
XPN: 1. A public officer;
a. When strong probability exists that revealing the name 2. During or after his/her tenure;
would implicate that person in the very same activity 3. Cannot be examined as to communications made to him/her
for which he sought the lawyer’s advice; in official confidence;
b. When disclosure would open the client to liability; or 4. When the court finds that the public interest would suffer by
c. When the name would furnish the only link that would the disclosure.
form the chain of testimony necessary to convict.
Note: The privilege may be invoked not only during the term of
Duration of Privilege: In the absence of a statute, the privilege is office of the public officer but also after.
permanent.
Purpose: The privilege is not intended for the protection of
 Physician-Patient Privilege public officers but for the protection of the public interest.
ELEMENTS: Civil Case When no public interest would be prejudiced, this privilege
1. A physician, psychotherapist or person reasonably believed cannot be invoked.
by the patient to be authorized to practice medicine or
psychotherapy;
2. Cannot be examined as to: Presidential Communications Privilege:
a. Any confidential communication made between the a. Must relate to a “quintessential and non-delegable
patient and physician or psychotherapist; presidential power”; and
b. For the purpose of diagnosis or treatment of the b. Must be authored or “solicited and received” by a
patient’s physical, mental, or emotional condition, close advisor of the President or the President himself.
including drug or alcohol addiction. When Disclosed: showing of adequate need such that the
3. Without the consent of the patient. information sought “likely contains important evidence” and by
the unavailability of the information elsewhere.
Extension of Privilege:
The privilege also applies to persons, including Parental and Filial Privilege Rule
members of the patient’s family, who have participated in the GR: No person shall be compelled to testify against his/her:
diagnosis or treatment of the patient under the direction of the - Parents;
physician or psychotherapist. - Other direct ascendants;
- Children; or
Applicable in Civil Case Only: the privilege cannot be claimed in - Other direct descendants.
a criminal case because the interest of the public in a criminal XPN: When the testimony is indispensable in a crime:
prosecution should be deemed more important than the  Against that person called to testify; or
secrecy of the communication.  By one parent against the other.

Duration of Privilege: The privilege survives the death of the Waivable: The rule refers to a privilege not to testify, which can
patient. be invoked or waived like other privileges.

Hospital Records during Discovery Procedure: Notes:

It cannot be allowed. To allow the disclosure during  The privilege cannot apply between stepmothers and
discovery procedure of the hospital records would be to allow stepchildren because the rule applies only to direct
access to evidence that is inadmissible without the patient’s ascendants and descendants, a family tie connected by a
consent. common ancestry.
 Under the Family Code, no descendant shall be compelled,
 Priest-Penitent Privilege in a criminal case, to testify against his parents and
ELEMENTS: grandparents. Limited to ascendants as compared to rules of
1. A minister or priest or person reasonably believed to be so; court.
2. Without the consent of the affected person;
3. Cannot be examined as to any communication, confession Trade Secrets
made or advice given by him; GR: A person cannot be compelled to testify about any trade
4. In his professional character; secret.
5. In the course of discipline enjoined by the church to which XPN: When the non-disclosure will conceal fraud or
the minister or priest belongs. otherwise work injustice, court shall direct the disclosure of the
same.
 12

Safeguard: In such disclosure, the court shall take protective Leading Questions:
measures, as required by: A question which suggests to the witness the answer which the
1. The interests of the owner of the trade secret; examining party desires.
2. The interests of the parties; and
3. The furtherance of justice. GR: Not Allowed.
XPN:
EXAMINATION OF A WITNESS  On cross examination;
GR: Examination of witnesses presented in court shall be done  On preliminary matters;
in open court and under oath or affirmation.  When there is difficulty in getting direct and intelligible
The answers shall be given orally, unless witness is answers from a witness who is ignorant, or a child of tender
incapacitated to speak or question calls for a different mode of years, or is of feeble mind, or a deaf-mute;
answer.  Of an unwilling or hostile witness; or
 Of a witness who is an adverse party.
Transcript of the Record: Transcript of proceedings made by the
official stenographer and certified correct by him, shall be Misleading Questions
deemed prima facie a correct statement of such proceedings. One which assumes as true a fact not yet testified to
by the witness, or contrary to that which he/she has previously
Rights and Obligations of a Witness: stated. It is not allowed.
1. To be protected from irrelevant, improper, or insulting
questions, and from harsh or insulting demeanor; Impeachment of Witness
2. Not to be detained longer than the interests of justice I. Witness of Adverse Party
require; A witness of the adverse party may be impeached through the
3. To only be examined as to matters pertinent to the issue; following modes:
4. Not to give an answer which will tend to subject him/her to  By contradictory evidence;
a penalty for an offense; or  By evidence that his general reputation for truth,
5. Not to give an answer that would tend to degrade his honesty, or integrity is bad; or
reputation.  That he has made at other times statements that are
XPN: He is compelled to answer if: inconsistent with her present testimony.
 It is the very fact in issue or to a fact from which the fact in
issue is to be presumed; or Evidence of Particular Wrongful Acts:
 He must answer to the fact of his previous final conviction A witness cannot be impeached by such evidence.
for an offense. XPN: If it is shown that he has been convicted of a crime.

One-day Examination of Witness Rule Evidence of Conviction of a Crime:

A witness has to be fully examined in one (1) day only. It shall be For purposes of impeaching a witness, evidence of
strictly adhered to subject to the courts' discretion during trial conviction of a crime may be admitted if:
on whether or not to extend the direct and/or crossexamination  Crime was punishable by a penalty exceeding one year; or
for justifiable reasons.  The crime involved moral turpitude, regardless of the penalty.
XPN: evidence of conviction is not admissible if the conviction
Effect of Denial of Right to Cross-Examine: has been subject of an amnesty or annulment of the conviction.
Most courts require that the testimony given on direct
examination be stricken off – provided the unavailability of the Note: Evidence of conviction of a crime must pertain only to
witness is through no fault of the party seeking to cross- conviction that has attained finality.
examine.
Evidence of Bad Reputation
Unfinished Cross-Examination: Evidence of one’s character or reputation must be
When cross-examination is not and cannot be done or confined to a time not too remote from the time in question. To
completed due to causes attributable to the party offering the say that the credibility of the witness is diminished by proof of
witness, the uncompleted testimony is thereby rendered tarnished reputation existing almost a decade ago is
incompetent. unreasonable.

Recalling the Witness: II. Own Witness

After examination by both sides has been concluded, Party may not impeach his own witness.
the witness cannot be recalled without leave of court. XPN: Witness may be impeached if:
 An unwilling or hostile witness; or
 A witness who is an adverse party.
13

Unwilling or Hostile Witness: If he is so declared by the court Note: The age of the child is not by itself sufficient basis for a
upon adequate showing: competency examination.
- of his adverse interest; or
- unjustified reluctance to testify; or Corroboration: Corroboration shall not be required of a
- having misled the party into calling him to the witness testimony of a child. His testimony, if credible by itself, is
stand. sufficient to support the finding of fact or judgment.

Impeachment by Inconsistent Statements: Examination of a Child Witness:

“Laying the Predicate” GR: Must be done in open court.
Elements: XPNs: If the witness is incapacitated to speak or the
1. Alleged statements must be related to the witness including question calls for a different mode of answer
the circumstances of the time, places and persons present;
and LIVE LINK TV Testimony of a Child Witness
2. He must be asked whether he made such statements, and if Testimony of the child be taken in a room outside the
so, he must be allowed to explain them; and courtroom and be televised to the courtroom by live-link
3. If statements are in writing, they must be shown to the television.
witness. Who May Apply:
The prosecutor, counsel, or guardian ad litem may
Reference to Memorandum apply for an order for live link TV testimony of the child, or the
A witness may be allowed to refresh his memory court may motu proprio order the same, with notice to the
respecting a fact by anything written or recorded by himself or parties.
under his order or direction.
When Applied for:
Right to inspect writing shown to witness: At least 5 days before the trial date UNLESS the court
Whenever writings is shown to a witness, it may be finds on the record that the need for such an order was not
inspected by the adverse party. reasonably foreseeable.

EXAMINATION OF A CHILD WITNESS When Granted:

Scope: The rule shall govern the examination of a child witness If there is a substantial likelihood that the child would
who is: suffer trauma which would impair the completeness or
 Victims of a crime; truthfulness of the testimony of the child, from testifying in the
 Accused of a crime; and presence of the accused, his counsel or the prosecutor.
 Witnesses to a crime.
Where Applicable: all criminal and non-criminal proceedings Note: the judge may exclude any person, including the accused,
involving child witnesses. whose presence or conduct causes fear to the child.

Construction: Must be liberally construed to uphold the best Videotaped Deposition of a Child Witness
interest of the child and to promote proper maximum The prosecutor, counsel or guardian ad litem may
accommodation of child witnesses. apply for an order that a deposition be taken of the testimony of
the child and that it be recorded and preserved on videotape.
Child Witness: —any person who at the time of giving testimony Note: application procedure shall be the same as the live-link
is: TV.
1. Below the age of 18 years; or
2. In child abuse cases, may be over 18 but is found by the Exclusion of Accused: case of exclusion of the accused, the
court unable to fully take care of himself or protect himself court shall order the testimony of the child to be taken by live-
from abuse, neglect, cruelty, exploitation, or discrimination link TV.
because of a physical or mental disability or condition. Who shall preside the deposition: The judge shall preside the
videotaped deposition.
Competency of a Child Witness
GR: Every child is presumed qualified to be a witness. IMPORTANT: Rights of the accused during trial, especially the
XPN: Competency Examination of the child. The court right to counsel and confront and crossexamine the child, shall
shall conduct a competency examination of a child, motu NOT BE VIOLATED during the deposition.
proprio or on motion of a party when it finds that substantial
doubt exists regarding the child’s ability to perceive, remember, Preservation of Record: Testimony of the child shall be
communicate, distinguish from falsehood or appreciate the duty preserved on videotape, digital disc, or other similar devices
to tell the truth. which shall be made part of the court record and shall be
subject to a protective order.
14

Admissions and Confessions

PROTECTIVE ORDERS Admission Confession
Coverage: Any videotape or audiotape of a child that is part of Merely a statement of fact. There is acknowledgment of
the court record. guilt.
A confession is also an It is a specific type of
admission. admission which refers only to
Important Provisions of the Protective Order:
one’s acknowledgment of
 Tapes may be viewed only by the parties, their counsel, their guilt.
expert witnesses, and the guardian ad litem. No tape, or any May be express or implied. Always express.
portion thereof, shall be divulged by them to any other May be made and used in any It is an acknowledgment in
person unless necessary for trial. proceeding. express terms, by a party in a
 No tape, or any portion thereof, shall be divulged by any criminal case, of his guilt of
person. Unless: the crime charged.
1. he signs a written affirmation that he has received and ADMISSIONS
read a copy of the protective order; A voluntary acknowledgment made by a party of the
2. he submits to the jurisdiction of the court with respect to existence of the truth of certain facts which are inconsistent
the protective order; and with his claims in an action.
3. in case of violation, he will be subject to the contempt
power of the court. Doctrine of Adoptive Admission
It is a party’s reaction to a statement or action by
 No tape shall be given, loaned, sold, or shown to any person
another person –when it is reasonable to treat the party’s
EXCEPT as ordered by the court.
reaction as an admission of something stated or implied by
 The protective order shall remain in full force and effect until
another person.
further order of the court.

Hearsay Exception in Child Abuse Cases

Admission by a Party – Extrajudicial Admissions
A statement made by a child describing any act or
Any statement of facts made by a party against his
attempted act of child abuse, not otherwise admissible under
interest or unfavourable to the conclusion for which he
the hearsay rule, may be admitted in evidence.
contends.
Elements:
Safety Net Provision: Before such hearsay statement may be
1. The act or statement is made out of court;
admitted, its proponent shall make known to the adverse party
2. Must involve matters of fact;
the intention to offer such statement and its particulars to
3. Must be categorical and definite;
provide him fair opportunity to object.
4. Must be knowingly and voluntarily made; and
5. Adverse to admitter’s interests.
When is a Child UNAVAILABLE:
 When a child is deceased, suffers from mental infirmity,
Reason for Admission: No man would make any declaration
lack of memory, mental illness, or will be exposed to
against himself unless it is true.
severe psychological injury; or
 When child is absent from the hearing and the proponent
Judicial Extrajudicial
of his statement has been unable to procure his
Made in connection with a Any other admission.
attendance by process or other reasonable means.
judicial proceeding in which it
is offered.
Condition for Admissibility if Child is Unavailable: Does not require proof as it is Must still be formally offered
Hearsay testimony must be corroborated by other made in court. in evidence.
admissible evidence. May be conclusive unless Rebuttable.
contradicted.
SEXUAL ABUSE SHIELD RULE May be written, oral express or implied from acts.
The following evidence is inadmissible in any criminal
Res Inter Alios Acta Rule (Admissions by Third Party)
proceeding involving alleged child sexual abuse:
GR: Things done between strangers ought not to injure those
1. Evidence offered to prove that the alleged victim engaged
who are not parties to them.
in other sexual behavior; and
A party is not bound by any agreement of which he has
2. Evidence to prove the sexual predisposition of the alleged
no knowledge and to which he has not given his consent and
victim.
that his rights cannot be prejudiced by the declaration, act or
XPN: Evidence of specific instances of sexual behavior by the
omission of another, except by virtue of a particular relation
alleged victim to prove that a person other than the accused
between them.
was the source of the semen, injury, or other physical evidence
shall be ADMISSIBLE.
15

Note: Res inter alios acta rule only applies to extrajudicial  Without collusion;
declarations. When the declarant repeats his extrajudicial  Identical with each other in their essential details; and
declaration in open court and his co-accused are given the  Corroborated by other evidence on record.
opportunity to cross-examine him, the declaration becomes
admissible against the co-accused. 3) Admission by Privies
Privies - Persons who are partakers or have an interest in any
Two Branches action or thing, or any relation to another.
 First Branch (Admission by a Third Party)
- Rights of a party cannot be prejudiced by an act, REQUISITES:
declaration, or omission of another. 1. One derives title to property from another;
 Second Branch (Similar Acts as Evidence) 2. The act, declaration, or omission:
- Evidence of previous conduct or similar acts at one time - of the latter (decedent / the person from whom title is
is not admissible to prove that one did or did not do the derived)]
same act at another time. - while holding the title
- in relation to the property;
Exceptions to Res Inter Alios Acta Rule: 3. Is evidence against the former (successor / one who derives
1) Admission by a Co-partner or Agent title from another).
REQUISITES:
1. The act or declaration of a partner of agent is: 4) Admission by Silence
 Authorized by the party to make a statement An act or declaration made in the presence and within
concerning the subject; or the hearing or observation of a party who does or says
 Made within the scope of his authority. nothing when the act or declaration is such as naturally to
2. Made during the existence of the partnership or agency; call for action or comment if not true.
3. May be given against such party after partnership/agency
is shown by evidence other than the declaration. REQUISITES: Silence is deemed an admission when:
1. Person heard or understood the statement;
Statements Made after Dissolution: 2. That he was at a liberty to make a denial;
It will no longer fall within the exception, unless they 3. That the statement was about a matter affecting his rights or
are made in connection with the winding up of the partnership in which he was interested and which naturally calls for a
affairs. response;
4. That the facts were within his knowledge; and
2) Admission by a Conspirator 5. That the fact admitted from his silence is material to the
REQUISITES: Admission of a conspirator to be received as issue.
evidence against his co-conspirators, it is necessary that:
1. Declaration or act must be in furtherance of the conspiracy Note: Rule applies even when a person was surprised in the act
and during the existence of the conspiracy; and or even if he was already in the custody of the police.
2. May be given in evidence against co-accused, after
conspiracy is shown by evidence other than such act or When NOT Applicable:
declaration.  Statements adverse to the party were made in the course
of an official investigation, as where he was pointed out in
GR: Extrajudicial admissions made after termination of the course of a custodial investigation and was neither
conspiracy but before trial is not admissible. asked to reply nor comment on such imputations;
XPN:  Party had justifiable reason to remain silent.
a. Made in the presence of the co-conspirator who
expressly/impliedly agreed; CONFESSIONS
b. Facts in admission are confirmed in the independent A declaration of an accused acknowledging his guilt in
extrajudicial confessions made by the co-conspirators an offense charged against him or of any offense necessarily
after apprehension; included therein.
c. As a circumstance to determine credibility of a witness;
d. Circumstantial evidence to show the probability of the REQUISITES:
latter’s participation. 1. Facts admitted must be constitutive of a criminal offense;
2. Confession must involve an express and categorical
Doctrine of Interlocking Confessions: acknowledgment of guilt;
Extrajudicial statements of co-accused may be taken as 3. Confession must have been given voluntarily; and
circumstantial evidence against the person implicated to show 4. Confession must have been intelligently made by the
the probability of the latter’s actual participation. Provided, that accused while realizing the legal significance of his act.
such statements are made: 5. Confession not required to be in any particular form.
16

- Not admissible as an admission.

Note: If the accused admits having committed the act in Offer of Compromise by an Unauthorized Person:
question but alleges a justification therefore, the same is merely GR: For a compromise to even amount to an implied admission
an admission. of guilt, the accused should have been present or at least
authorized the proposed compromise.
Important: Any confession, including a re-enactment, without
admonition of the right to silence and to counsel, and without GOOD SAMARITAN RULE
counsel chosen by the accused is inadmissible in evidence. An offer to pay, or the payment of medical, hospital
and other expenses occasioned by an injury, is not admissible in
Insufficiency: An extrajudicial confession made by an accused evidence as proof of civil or criminal liability for the injury.
shall not be sufficient ground for conviction.
XPN: If corroborated by evidence of corpus delicti. Hearsay Rule
HEARSAY - a statement other than the one made by the
Similar Acts as Evidence declarant while testifying at a trial or hearing, offered to prove
GR: Evidence that one did a certain thing at one time is NOT the truth of the facts asserted therein.
admissible to prove that he did or did not do the same/similar
thing at another time. Rule on Testimonial Evidence:
XPN: Said evidence of similar acts may be received to GR: A witness can testify only as to those facts which he knows
prove a: of his personal knowledge, which is derived from his own
- specific intent or knowledge; perception.
- identity;
- plan, system, or scheme; Note: So a witness cannot say chismis coz he is not the
- habit; or declarant of the same. If they wish to admit such statement, the
- custom or usage and the like. declarant must be the witness itself and available for cross
examination.
Reasons: The lone fact that a person committed the same or
similar act at some prior time affords no logical guaranty that he When is a statement NOT Hearsay:
committed the act in question. 1. If declarant testifies at the trial and is subjected to
crossexamination concerning the statement; AND
Admissibility of Offers of COMPROMISE 2. The statement is either:
In Civil Cases: In Criminal Cases: a. Inconsistent with declarant’s testimony, and was given
Not an admission of any An offer of compromise by the under oath;
liability and is not admissible accused may be received as an b. Consistent with declarant’s testimony, and is offered to
in evidence against the implied admission of guilt. rebut a charge against him; or
offeror. XPN:
c. Statement is an identification of a person made after
In cases involving quasi-
offenses (criminal negligence) perceiving him/her.
or those allowed by the law to
be compromised. GR: Hearsay evidence is excluded precisely because the party
against whom it is presented is deprived of the opportunity to
Conduct of Statements Made in Compromise Negotiations cross-examine the person whom the statements/writings are
They are not admissible as an admission of liability. attributed.
XPN: When evidence otherwise discoverable or offered for
another purpose such as: Elements:
 proving bias or prejudice of a witness; 1. Declarant is out of court;
 negativing a contention of undue delay; or 2. Such out-of-court declaration is offered as proof of its
 Proving an effort to obstruct a criminal investigation or contents; and
prosecution. 3. There is absence of opportunity for crossexamination.

Statements during Plea Bargaining: EXCEPTIONS to Hearsay Rule

Statements made during the plea bargaining which I. Dying Declaration;
does not result in a plea of guilty, or which results in a plea of II. Statement of decedent or person of unsound mind;
guilty but is later withdrawn --will not be admissible as an III. Declaration against interest;
admission. IV. Act or declaration about pedigree;
 Makes a plea of guilty, but withdraws it: V. Family reputation or tradition regarding pedigree;
- Not admissible as an admission. VI. Common reputation;
 Offer of plea of guilty to a lesser offense but was not VII. Part of the res gestae;
accepted: VIII. Records of regularly conducted business activity;
 17

IX. Entries in official records; XPN: the New Rules on Evidence allows the admissibility of the
X. Commercial lists and the like; statement of the deceased or the person of unsound mind
XI. Learned treatises; under the following conditions:
XII. Testimony or deposition at a former trial; a. Interested witness (party or assigner of petitioner against
XIII. Residual exception. the deceased or person of unsound mind) testifies on
conversations or transactions occurring before the death
I. Dying Declaration [Statement in Articulo Mortis]. of the deceased or before the person became of unsound
REQUISITES: mind;
1. Declaration must concern the cause and surrounding b. The statement was made upon the personal knowledge of
circumstances of declarant’s death; the deceased or the person of unsound mind; and
2. Declaration was made under the consciousness of an c. It was made at a time when the matter had been recently
impending death; perceived by him or her, and while his or her recollection
3. Declarant would have been competent as a witness had he was clear.
survived; and
4. Declaration is to be received in any case wherein the death Further, the Dead Man’s Statute does not apply to the
of declarant is the subject of inquiry –as evidence of the following:
cause and surrounding circumstances of such death.  To claims or demands which are not fictitious or those
supported by evidence such as promissory notes,
Test: whether the declarant has abandoned all hopes of survival contracts, or undertakings, including the testimony of
and looked on death as certainly impending. It is the belief in disinterested witnesses.
impending death and not the rapid succession of death in point  Fraudulent transactions of the deceased or insane person.
of fact that renders the dying declaration admissible.  Acts amount to a crime or tort (quasi-delict).
Note: as to whether or not the declarant has to die for  Claims favorable to the estate.
a dying declaration, no info found, so, as for you mariz, NO, one  An interested person may also testify against the decedent
need not die as long as long as he passes the test. or person of unsound mind if the estate of the decedent or
person of unsound mind filed a counterclaim as to matters
Reason: When a person is at the point of death, every motive to occurring during the lifetime of the latter.
falsehood is silenced.
XPN: The statement is inadmissible if made under circumstances
Note: admissibility of an ante mortem declaration is not indicating its lack of trustworthiness.
affected by the fact that the declarant died hours or several
days after making his declaration. It is sufficient that he believes III. Declaration Against Interest.
himself in imminent danger of death at the time of such REQUISITES:
declaration. 1. Declarant is dead or unable to testify;
2. Declaration relates to a fact against the interest of the
II. Statement of Decedent or Person of Unsound Mind. declarant;
Dead Man’s Statute 3. At the time he made said declaration, declarant was aware
If one party to the alleged transaction is precluded that the same was contrary to the declarant’s own interest;
from testifying by death, insanity, or other mental disabilities, and
the surviving party is not entitled to the undue advantage of 4. Declarant had no motive to falsify and believed such
giving his own uncontradicted and unexplained account of the declaration to be true.
transaction.
XPN: Declaration against interest is not admissible if the
Requisites: statement tends to expose the declarant to criminal liability and
1. The witness is a party or assignor of a party to a case or is offered to exculpate the accused.
persons in whose behalf a case is prosecuted;
2. The action is against an executor/administrator or other XPN to the xpn: It would still be admissible if corroborating
representatives of a deceased person or a person of circumstances clearly indicate the trustworthiness of the
unsound mind; statement.
3. The subject-matter of the action is a claim or demand
against the estate of such deceased person or against a Unable to Testify: The inability of the witness to testify must
person of unsound mind; and proceed from a grave cause, almost amounting to death, as
4. His testimony refers to any matter of fact which occurred when the witness is old and has lost the power of speech. Mere
before the death of such deceased person or before such refusal shall not suffice. Further, mere absence from the JD does
person became of unsound mind. not make him ipso facto unavailable.
 18

IV. Act or Declaration About Pedigree.  Those respecting marriage and moral character.
REQUISITES:
1. Act or declaration of a person deceased or unable to testify; Note: The 30 year old rule was removed in the amended rules.
2. In respect to the pedigree of another person related to him/her Before, the facts of common reputation must have existed for
by: more than 30 years before it may be admissible.
 birth;
 adoption; Note: Pedigree may be established by reputation in the family,
 marriage; or but not in the community. Conversely, general reputation of
 in the absence thereof, with those family he/she was marriage may proceed from persons who are not members of
so intimately associated as to be likely to have the family — the reason for the distinction is the public interest.
accurate information concerning his/her pedigree;
3. Pedigree of a person must be in issue; VII. Part of the Res Gestae.
4. Declaration/statement must have been made not only before It refers to those exclamations and statements made
commencement of the suit but before any controversy has by either the participants, victims, or spectators to a crime
arisen; and immediately before, during, or after the commission of the
5. Relationship between the declarant and the person whose crime, when the circumstances are such that the statements
pedigree is in question must be shown by evidence other than were made as a spontaneous reaction or utterance inspired by
such act or declaration. the excitement of the occasion and there was no opportunity
for the declarant to deliberate and to fabricate a false
V. Family Reputation or Tradition Regarding Pedigree. statement.
REQUISITES:
1. Reputation or tradition was formed before the controversy REQUISITES:
arose; 1. Principle act or the res gestae must be a startling
2. The same is existing in the family of the person whose occurrence;
pedigree is in question; 2. The statement is spontaneous or was made before the
3. Witness testifying to the reputation of a person is a declarant had time to contrive or devise; and
member of the family, either by consanguinity, affinity or 3. Statement made must concern the occurrence in question
by adoption; and and it’s immediately attending circumstances.
4. There is a controversy in respect to the pedigree of a
member of a family. Note: Long lapse of time itself is not enough to disqualify
declaration, as long as it be made under the influence of a
Note: A person’s statement as to his date of birth and age, as he startling event witnessed by the declarant, who made the
learned of these from his parents or relatives, is an ante litem statement before he had time to think and make up a story.
motam declaration of a family tradition.
Verbal Acts: These are considered statements accompanying an
Declaration about Pedigree Family Reputation or equivocal act material to the issue and giving to legal
Tradition significance.
There must be a declarant and The witness testifying to the
a witness. family reputation and tradition Spontaneous Statements Verbal Acts
The witness need not be a must be a member of the
Requisites: Requisites:
relative of the person whose family member of the person
1. The principal act, the res 1. The res gestae or principal
pedigree is in question, it must whose pedigree is in
gestae, be made due to a act or to be characterized
be the declarant. controversy.
startling occurrence; must be equivocal;
Independent evidence is The witness may testify about 2. The statements were made 2. Such act must be material
needed to establish the relationship himself. The before the declarant had the to the issue;
relationship between author of the reputation need opportunity to contrive; 3. The statements must
declarant and person whose not be established by 3. The statements must refer accompany the equivocal
pedigree is in issue independent evidence. to the occurrence in act; and
question and its attending 4. The statements give a legal
VI. Common Reputation. circumstances. significance to the
The definite opinion of the community in which the equivocal act.
fact to be proved is known or exists. Spontaneous exclamations Verbal act must have been
may have been made before, made at the time, and not
REQUISITES: during or immediately after after, the equivocal act was
the startling occurrence, and being performed.
1. Common reputation existed before the controversy;
must be under the stress or
2. Reputation must pertain to: excitement caused by the
 Boundaries of or customs affecting lands in the occurrence.
community;
 Events of general history important to the community;
 19

Dying Declaration Part if Res Gestae 4. It is generally used and relied upon by them.
Can be made only by the Statement may be made by
victim. the killer himself after or XI. Learned Treatises
during the killing REQUISITES:
Trustworthiness based upon in Justification in the spontaneity
1. Published treatise, periodical or pamphlet is on a subject
its being given in awareness of of the statement.
impending death. of history, law, science, or art; and
2. Court takes either:
Important: A statement not admissible as dying declaration  judicial notice of it; or
because it was not made under consciousness of impending  a witness expert in the subject testifies that the
death, may still be admissible as part of res gestae if made writer of the statement is recognized in his/her
immediately after the incident. profession or calling as expert in the subject.

VIII. Records of Regularly Conducted Business Activity. Online References: Scientific studies or articles and websites
REQUISITES: The business record must be: which were culled from the internet, attached to the Petition,
1. Made by writing, typing, electronic, optical or other similar and were not testified to by an expert witness are basically
means; hearsay in nature and cannot be given probative weight.
2. Must be made at or near the time of the transaction;
3. Made by a person with personal knowledge of the XII. Testimony or Deposition at a Former Trial.
transaction; REQUISITES:
4. The same must be kept in the regular course or conduct of a 1. Witness is dead, out of the Philippines or with due diligence
business activity; and cannot be found therein, unavailable, or unable to testify;
5. It was the regular practice to make the business record by 2. Testimony or deposition was given in a former case, judicial
electronic, optical or similar means; or administrative –between the same parties or those
6. All of the above must be shown by testimony of a custodian representing the same interests;
or other qualified witnesses. 3. Former case involved the same subject as that in the present
case although on different causes of action;
Note: If the entrant is available as a witness, the entries need 4. Issue testified in the former trial is the same issue involved
not be admitted as the entrant can be cross-examined for it. in the present case; and
5. Adverse party had the opportunity to crossexamine the
IX. Entries in Official Records. witness in the former case.
REQUISITES: Entries in official record are:
1. Made by a public officer or by another person enjoined by Unable to Testify: The inability of the witness to testify must
law to do so; proceed from a grave cause, almost amounting to death, as
2. It was made in the performance of their duty; and when the witness is old and has lost the power of speech. Mere
3. Entrant must have personal knowledge of the facts stated by refusal shall not suffice. Further, mere absence from the JD does
him or such facts acquired by him from reports made by not make him ipso facto unavailable.
persons under a legal duty to submit the same; and
4. Entries were duly entered in a regular manner in the official XIII. Residual Exception.
records. REQUISITES:
1. Statement not specifically covered by any of the foregoing
Note: Baptismal certificates or parochial records of baptism are exceptions;
not official records. For police blotter, they are also not 2. Has the equivalent circumstantial guarantees of
conclusive proof of the truth. trustworthiness;
3. The court determines that:
Authentication: a. The statement is offered as evidence of a material fact;
Official entries are admissible regardless if the entrant b. It is more probative on the point for which it is offered
was presented and testified in court, as they are considered than any other evidence which the proponent can
already as prima facie evidence of the entries stated thereon. procure through reasonable efforts; and
c. The general purposes of these rules and the interests
X. Commercial Lists and the Like. of justice will be best served by its admission.
REQUISITES:
1. Evidence of statements of matters of interest to persons Safety Net: Proponent makes known to the adverse party,
engaged in an occupation; sufficiently in advance of the hearing or by the pre-trial stage in
2. Such statements are contained in a list, register, periodical, case of a trial of the main case, to provide the adverse party
or other published compilations; with a fair opportunity to prepare to meet it, the proponent’s
3. Compilation is published for use by persons engaged in intention to offer the statement and its particulars, including the
that occupation; and name and address of the declarant
20

INDEPENDENTLY RELEVANT STATEMENT Note: If men of common understanding are capable of

Statements/writings attributed to a person who is not comprehending the primary facts and drawing correct
on the witness stand, which are being offered not to prove the conclusions from them, expert testimony may be excluded by
truth of the facts stated therein, but only to prove that such the Court.
were actually made.
Criterion for qualification of expert:
GR: They are not covered under the hearsay rule but are It is the specialist's knowledge of the requisite subject
relevant independently of whether they are true or not. matter, rather than his/her specialty that determines his/her
qualification to testify.
-----------------------------------------------------------------------------
Opinion Rule Character Evidence
Opinion – An inference or conclusion drawn from the facts Character Reputation
observed. What a man is. What he is supposed to be in
what people say he is.
GR: A witness can testify only to those facts which he knows oh
his personal knowledge, that is, derived from his own GR: Evidence of a person’s character or a trait of character is not
perception. admissible for the purpose of proving action in conformity
XPNs: Witness may testify on matters not his personal therewith on a particular occasion.
knowledge: XPN:
I. Opinion of an Expert Witness  In Criminal Cases
The opinion of a witness on a matter requiring special a. Accused – May prove his/her good moral character, which
knowledge, skill, experience, training, or education, which is pertinent to the moral trait involved in the offense
he/she shown to possess, may be received in evidence. charged.
b. Prosecution – May not prove the bad moral character of
Expert Evidence: Testimony of one possessing knowledge which the accused, except in rebuttal.
is not usually acquired by other persons, in regard to a particular c. Offended Party –May be proved if it tends to establish in
subject or human activity. any reasonable degree the probability or improbability of
the offense charged.
Qualification: Expert witness must be qualified as an expert;
otherwise, his testimony will not automatically be received as Good Moral Character of Accused:
that of an expert witness, but that of an ordinary witness. May be presented only for the purpose of proving the
Weight: Courts are not bound by the findings or opinions of the improbability of his doing the act charged. But the same shall be
expert. Their evidence is not conclusive, but merely advisory. allowed only if it is pertinent to the moral trait involved in the
Note: The testimony of expert witness must be offense charged.
construed to have been presented not to sway the court, but to
assist the court in the determination of the issues before it. Bad Moral Character of Accused:
Unless and until the accused gives evidence of his good
II. Opinion of an Ordinary Witness moral character the prosecution may not introduce evidence of
The opinion of an ordinary witness for which proper his bad character.
basis is given may be received in evidence regarding:
 Identity of person about whom he has adequate Remember: Character evidence must be limited to the traits
knowledge of; and characteristics involved in the type of offense charged.
 Handwriting with which he or she has sufficient familiarity;
Note: Only experts are allowed to give conclusions Rape Shield Rule: In prosecution for rape, evidence of
from the comparison of samples of handwriting of a complainant’s past sexual conduct, opinion thereof or of his/her
person whose handwriting he is not familiar with reputation shall not be admitted.
 Mental sanity of a person with whom he or she is XPN: only to the extent that the court finds that such
sufficiently acquainted; or evidence is material and relevant to the case.
 Witness impression on the emotion, behaviour, condition
or appearance of a person. Sexual Abuse Shield Rule: Evidence to prove that the alleged
victim engaged in other sexual behaviour, as well the sexual
Court Discretion as to Expert Evidence: predisposition of the alleged child victim shall not be admissible
If men of common understanding are capable of in sexual abuse cases.
comprehending the primary facts and drawing correct
conclusions from them, expert testimony may be excluded by  In Civil Cases
the Court.
 21

GR: Moral character is admissible only when pertinent to The party presenting the judicial affidavit shall state
the issue of character involved in the case. the purpose of such testimony at the start of the presentation of
the witness.
 In both Civil and Criminal Cases  Objection
 Evidence of good character of witness is not admissible The adverse party may move to disqualify the witness
until such character has been impeached; or to strike out his affidavit or any of the answers found in it on
Note: Moral character is admissible only when pertinent to the ground of inadmissibility.
issue of character involved in the case.  Ruling
Court shall promptly rule on the motion.
 When the character or trait of character is an essential Note: If granted, the court shall cause the marking of any
element of a charge, claim or defense. excluded answer, without prejudice to a tender of excluded
evidence.
Judicial Affidavits
When Applicable: Examination of Witness: Adverse party shall have the right to
It applies to all actions and proceedings, and incidents requiring cross-examine the witness based on his JA and evidences
the reception of evidence in all courts (except small claims. attached thereto.
1. In Criminal Actions
a. When maximum imposable penalty does not exceed 6 Re-direct: Party who presents the witness may also examine the
years 6 years imprisonment; witness on re-direct.
b. When accused consents to the application of JA,
regardless of the imposable penalty; and Oral Offer: Upon the termination of the testimony of his last
c. When civil penalty is impliedly instituted in the criminal witness, a party shall immediately make an oral offer of
case, where the application of JA is a requirement. evidence of his documentary or object exhibits, piece by piece.
2. In Civil Actions
3. Administrative and Quasi-Judicial Proceedings Objection to Formal Offer: adverse party shall state the legal
ground for his objection, if any, to its admission, and the court
Submission in Lieu of Direct Testimony shall immediately make its ruling respecting that exhibit.
The judicial affidavits shall take the place of the
witnesses’ direct testimonies, and the parties’ documentary or Procedure:
object evidence, if any, shall be marked and attached to the  Prosecution shall submit JA of its witnesses not later than 5
judicial affidavits. days before pre-trial.
 No further JA or attachment of documentary or object
Contents: It shall be prepared in the language known to the evidence shall be admitted at the trial.
witness and, if not in English or Filipino, accompanied by a  If accused desires to be heard on his defense - he shall have
translation in English or Filipino. the option to submit his judicial affidavit as well as those of
1. Name, age, residence or business address, and occupation of his witnesses to the court within ten days from receipt of
the witness; such affidavits.
2. Name and address of the lawyer who conducts or supervises Note: These affidavits shall serve as direct testimonies
the examination and place of examination; of the accused and his witnesses when they appear before
3. Statement that the witness is answering the questions, fully the court to testify.
conscious, that he does so under oath, and that he may face
criminal liability for false testimony or perjury; EFFECT OF NON-COMPLIANCE
4. Questions asked of the witness and his corresponding  Party’s Failure to Submit JA
answers, consecutively numbered; - Deemed to have waived their submission.
5. Signature of the witness over his printed name; XPN: Court may allow the late submission, only once,
6. A jurat with the signature of the notary public who provided:
administered the oath; and a. The delay is for a valid reason;
7. Sworn attestation at the end, executed by the lawyer who b. It would not unduly prejudice the opposing
conducted the examination, that: party; and
a. He faithfully recorded the questions he asked the c. That counsel responsible for its preparation
witness and the corresponding answers; and pays a fine.
b. Neither he nor any other person then present or  Failure of Witness to Appear
assisting him coached the witness regarding the latter's - Affidavit of such absent witness shall not be considered
answers. by the court.
 Failure of Adverse Counsel to Appear
- Deemed to have waived his client’s right to
 Offer crossexamine the witnesses there present.
22

 Contents and Attestations not Complied After the presentation of a At the time the witness is
- Judicial affidavit cannot be admitted as evidence. party’s testimonial evidence. called to testify.

OFFER AND OBJECTION Note: Party who terminated the presentation of evidence must
make an oral offer of evidence on the very day the party
GR: The court shall consider no evidence which has not been presented the last witness. Otherwise, the court may consider
formally offered. The purpose for which the evidence is offered the party’s documentary or object evidence waived.
must be specified.
XPN: Evidence not formally offered may be admissible, Objection
when the following occur: When a party desires the court to reject the evidence
a. The same must be duly identified by testimony duly offered, he must so state in the form of objection.
recorded; and
b. The same evidence must have been incorporated in the Note: Without making the objection to the evidence presented,
records of the case. he cannot raise the question for the first time on appeal.

Identification of Documentary Evidence Manner of Objection: Objection to offer of evidence must be

It is done in the course of the trial and accompanied by the made ORALLY immediately after the offer is made.
marking of the evidence.
When to Object
Formal Offer of Evidence On Offer of Evidence
It is only done when the party rests his case. Must be made immediately after the offer is made.
On testimony of Witness for Lack of Formal Offer
FORMAL OFFER: Necessary. Must be made as soon as the witness begins to testify.
It is necessary as it is the duty of the judge to rest his On a Question Propounded in the Course of Oral
findings of facts and his judgment only and strictly upon the Examination
evidence offered by the parties to the suit. No evidentiary value Must be made as soon as the grounds become reasonably
can be given to pieces of evidence not formally offered. apparent.
Note: The grounds for objection must be specified in any case.
GR: The mere fact that a particular document is identified and Repetition of an Objection: CONTINUING OBJECTION
marked as an exhibit does not mean that it has thereby already When it becomes reasonably apparent in the course of
been offered as part of the evidence of a party. examination of a witness that the questions being propounded
XPN: Where the absence of an offer of testimonial are of the same class as those to which objection was sustained
evidence was not objected to -- as when the witness was cross- or overruled, --it shall not be necessary to repeat the objection,
examined by the adverse party despite failure to make an offer it being sufficient for the adverse party to record his/her
of the testimony, the court must consider the testimony. continuing objection to such class of questions.
XPN: The objection is deemed waived if objecting
Formal Offer: When NOT Required. counsel cross-examined the witness on the matters of
1. In summary proceedings; prohibited testimony, to which he objected in the first place.
2. Documents, affidavits and depositions used in rendering a
summary judgment; Note: Court may motu proprio treat the objection as a
3. Documents judicially admitted or taken judicial notice of; continuing one.
4. Documents/affidavits used in deciding quasi-judicial or
admin cases; RULING
5. Lost objects previously marked, identified and described in GR: The ruling of the court must be given immediately after the
record, and testified to by witness who had been subject of objection is made.
cross-examination; or XPN: The court desires to take a reasonable time to
6. When duly identified in a testimony duly recorded and inform itself on the question presented; but the ruling shall
incorporated in the records of the case. always be made during the trial.

Note: Evidence can be considered only for the purposes it was Motion to Strike
specifically offered. A motion to strike out goes to admissibility and not to
weight; evidence should not be stricken out because of its little
Manner of Offer: All evidence must be offered orally. probative value.
The court may sustain an objection and order the
answer or testimony to be stricken off the record.

When to Make an Offer When Motion to Strike may be Sustained.

Documentary and Object Testimonial
23

 When the objection is found to be meritorious under the

following circumstances:
a. When the witness answers the question before the
adverse party had the opportunity to object;
b. When a question is not objectionable, but the answer is
not responsive;
c. When the witness testifies without a question being
posed;
d. When the witness testifies beyond limits set by the
court; or
e. When the witness does a narration instead of answering
the question.
 The court may also, upon motion, order the striking out of
answers, which are incompetent, irrelevant or otherwise
improper.

Note: A motion to strike out should specify the objection as well

as the portion of the evidence which is objected to.

Tender of Excluded Evidence

If documents or things offered in evidence are
excluded by the court, --the offeror may have the same attached
to or be made part of the record of the case.
If evidence excluded is oral, Offeror may state for the
record the name and personal circumstances of the witness and
the substance of proposed testimony.

Purpose and Rationale of Tender:

It is made for purposes of appeal; that in case of an
adverse judgment against the offeror, he may, in his appeal
assign as error the rejection of the excluded evidence.

Erroneous Way of Making Tender:

To make a mere general “offer of proof” without
producing the witness or stating the evidence where by the fact
in issue is to be proved.

Additional Evidence after Resting Ones Case:

The rules do not prohibit any party from requesting
the court to allow it to present additional evidence even after it
has rested its case.
Such opportunity ultimately lies to the sound
discretion of the court.