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CRIMINAL EVIDENCE
Compiled by Cheryll P. Balderama, RC, MSCJ,JD

RULE 128
GENERAL PROVISIONS

SEC 1 – EVIDENCE DEFINED

EVIDENCE
- the means sanctioned by the Rules of Court of ascertaining in a judicial
proceeding the truth respecting a matter of fact

PROOF
- the result or effect of evidence

FACTUM PROBANDUM
- the ultimate fact or the fact to be established

FACTUM PROBANS
- the evidentiary fact

CLASSIFICATION OF EVIDENCE
1) OBJECT OR REAL
o the which is directly addressed to the senses and consists of tangible
things exhibited in open court
2) DOCUMENTARY
o supplied by written instruments
3) TESTIMONIAL
o that which is submitted to the court through the testimony or deposition of
a witness

OTHER CLASSIFICATIONS
1) RELEVANT
o evidence having any value in reason as tending to prove any matter
provable in an action
2) MATERIAL
o evidence directed to prove a fact in issue as determined by the Rules
3) COMPETENT
o evidence that is not excluded by law
4) DIRECT
o that which proves the fact in dispute without the aid of any inference or
presumption
5) CIRCUMSTANTIAL
o the proof of a fact or facts from which, taken either singly or collectively,
the existence of the particular fact in dispute may be inferred as a
necessary or probable consequence
o evidence of collateral facts or circumstances from which an inference may
be drawn as to the probability or improbability of the facts in dispute
6) CUMULATIVE
o evidence of the same kind and to the same state of facts
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7) CORROBORATIVE
o additional evidence of a different character to the same point

8) PRIMA FACIE
o that which, standing alone, unexplained or uncontradicted, is sufficient to
maintain the proposition affirmed
9) CONCLUSIVE
o that which the law does not allow to be contradicted
10) PRIMARY
o best evidence
11) SECONDARY
o substitutionary evidence
12) POSITIVE
o assertion of knowledge
13) NEGATIVE
o assertion of non-knowledge

SEC. 3 – ADMISSIBILITY OF EVIDENCE

Evidence is admissible when IT IS RELEVANT TO THE ISSUE AND IS NOT

EXCLUDED BY THE LAW OR THESE RULES.

FRUIT OF THE POISONOUS TREE DOCTRINE

- evidence illegally obtained is inadmissible as evidence

RULES OF ADMISSIBILITY OF EVIDENCE

1) CONDITIONAL
o where the evidence appears to be immaterial or irrelevant unless it is
connected with the other facts to be subsequently proved
2) MULTIPLE
o where the evidence is relevant and competent for two or more purposes
3) CURATIVE
o treats upon the right of a party to introduce incompetent evidence in his
behalf where the court has admitted the same kind of evidence adduced
by the adverse party

RULE 129
WHAT NEED NOT BE PROVED

SEC. 1 – JUDICIAL NOTICE, WHEN MANDATORY

“A court shall take judicial notice, without the introduction of evidence, of the
existence and territorial extent of states, their political history, forms of government and
symbols of nationality, the law of nations, the admiralty and maritime courts of the world
and their seals, the political constitution and history of the Philippines, the official acts of
the legislative, executive and judicial departments of the Philippines, the laws of nature,
the measure of time and the geographical divisions.”

SEC. 2 – JUDICIAL NOTICE, WHEN DISCRETIONARY

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“A court may take judicial notice of matters which are of public knowledge, or are
capable of unquestionable demonstration, or ought to be known to judges because of
their judicial functions.”

JUDICIAL NOTICE
- the cognizance of certain facts which judges may properly take and act on
without proof because they already know them
- may either be mandatory or discretionary

SEC. 4 – JUDICIAL ADMISSIONS

“An admission, verbal or written made by a party in the course of the proceedings
in the same case, does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that no such admission was
made.”

JUDICIAL ADMISSIONS MAY BE MADE IN:

1) the pleadings filed by the parties
2) in the course of the trial either by verbal or written manifestations or
stipulations
3) in other stages of the judicial proceedings
4) admissions obtained through depositions

RULE 130
RULES OF ADMISSIBILITY

A. OBJECT (REAL) EVIDENCE

SEC. 1 – OBJECT AS EVIDENCE

OBJECT OR REAL
- the which is directly addressed to the senses and consists of tangible things
exhibited in open court

The court may refuse the introduction of object (real) evidence and rely on
testimonial evidence alone if:
1) the exhibition of such object is contrary to public policy, morals or decency
2) to require its being viewed in court or in an ocular inspection would result in
delays, inconvenience or unnecessary expenses out of proportion to the
evidentiary value of such object
3) such object (real) evidence would be confusing or misleading, as when the
purpose is to prove the former condition of the object and there is no
preliminary showing that there has been no substantial change in said
condition
4) the testimonial or documentary evidence already presented clearly portrays
the object in question as to render a view unnecessary

B. DOCUMENTARY EVIDENCE

SEC. 2 – DOCUMENTARY EVIDENCE

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DOCUMENTARY EVIDENCE
- consists of writings or any material containing letters, words, numbers,
figures, symbols or other modes of written expressions offered as proof of
their contents

- that which is furnished by written instruments, inscriptions and documents of

all kinds

DOCUMENT
- a deed, instrument or other duly authorized paper by which something is
proved, evidenced or set forth

SEC. 3 – ORIGINAL DOCUMENT MUST BE PRODUCED; EXCEPTIONS/BEST

EVIDENCE RULE

“When the subject of inquiry is the CONTENTS of a document, no evidence shall

be admissible other than the original document itself, except in the following cases:

1) When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
2) When the original is in the custody or under the control of the party against
whom the evidence is offered and the latter fails to produce it after
reasonable notice;
3) When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to
be established from them is only the general result of the whole; and
4) When the original is a public record in the custody of a public officer or is
recorded in a public office.

The BEST EVIDENCE RULE applies only when the CONTENT of such document is
the SUBJECT OF INQUIRY.

SEC. 4 – ORIGINAL OF DOCUMENT

WHAT ARE ORIGINALS?

1) The original of a document is one the contents of which are the subject of
inquiry;
2) When a document is in two or more copies executed at or about the same
time, with identical contents, all such copies are equally regarded as
originals;
3) When an entry is repeated in the regular course of business, one being
copied from another at or near the time of the transaction, all the entries are
likewise equally regarded as originals.

SEC. 5 – WHEN ORIGINAL DOCUMENT IS UNAVAILABLE/SECONDARY EVIDENCE

When the original document has been lost or destroyed, or cannot be produced
in court, the offeror, upon proof of its execution or existence and the cause of its
unavailability without bad faith on his part, may prove its contents by a copy, or by a
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recital of its contents in some authentic document, or by the testimony of witnesses in

the order stated.

SECONDARY EVIDENCE MAY CONSIST OF:

1) a copy of said document
2) a recital of its contents in an authentic document
3) the recollection of witnesses

SEC. 9 – EVIDENCE OF WRITTEN AGREEMENTS/PAROL EVIDENCE RULE

When the terms of an agreement have been reduced to writing, it is to be

considered as containing all the terms agreed upon and there can be, between the
parties and their successors in interest, no evidence of such terms other than the
contents of the written agreement.
EXCEPTIONS:
1) an intrinsic ambiguity, mistake or imperfection in the written agreement;
2) the failure of the written agreement to express the true intent and agreement
of the parties thereto;
3) the validity of the written agreement; or
4) the existence of other terms agreed to by the parties or their successors in
interest after the execution of the written agreement.

LATENT AMBIGUITY
- when the writing on its face appears clear and unambiguous but there are
collateral matters or circumstances which make the meaning uncertain, or
where a writing admits of two constructions both of which are in harmony with
the language used

PATENT OR EXTRINSIC AMBIGUITY

- such ambiguity which is apparent on the face of the writing itself and requires
something to be added in order to ascertain the meaning of the words used

INTERMEDIATE AMBIGUITY
- partakes of the nature of both patent and latent ambiguity
- when the words of the writing, though seemingly clear and with a settled
meaning, is actually equivocal and admits two interpretations

SEC. 12 – INTERPRETATION ACCORDING TO INTENTION; GENERAL AND

PARTICULAR PROVISIONS

When a general and a particular provision are inconsistent, the PARTICULAR

PROVISION will prevail.

SEC. 15 – WRITTEN WORDS CONTROL PRINTED

When an instrument consists partly of written words and partly of a printed form,
and the two are inconsistent, the WRITTEN WORDS will prevail.

C. TESTIMONIAL EVIDENCE
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SEC. 20 – WITNESS; THEIR QUALIFICATIONS

WHO CAN BE A WITNESS?

- all persons who can perceive, and perceiving, can make known their
perception to others

SEC. 21 – DISQUALIFICATION BY REASON OF MENTAL INCAPACITY

The following persons cannot be witnesses:

1) Those whose mental conditions, at the time of their production for
examination, is such that they are incapable of intelligently making known
their perception to others;
2) Children whose mental maturity is such as to render them incapable of
perceiving the facts respecting which they are examined and relating them
truthfully.

SEC. 22 – DISQUALIFICATION BY REASON OF MARRIAGE/MARITAL

DISQUALIFICATION OR SPOUSAL IMMUNITY

“DURING THEIR MARRIAGE, neither the husband nor the wife may testify for or
against the other without the consent of the affected spouse, except in a civil case by
one against the other, or in a criminal case for a crime committed by one against the
other or the latter’s direct descendants or ascendants.”

SEC. 23 – DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE

PARTY/SURVIVORSHIP DISQUALIFICATION RULE OR DEAD MAN STATUTE

“Parties or assignors of parties to a case, or persons in whose behalf a case is

prosecuted, against an executor or administrator or other representative of a deceased
person, or against a person of unsound mind, upon a claim or demand against the
estate of such deceased person or against such person of unsound mind, cannot testify
as to any matter of fact occurring before the death of such deceased person or before
such person became an unsound mind.”

SEC. 24 – DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION

The following persons cannot testify as to matters learned in confidence in the following
cases:

1) The HUSBAND OR THE WIFE, DURING OR AFTER THE MARRIAGE,

cannot be examined without the consent of the other as to any
communication received in confidence by one from the other during the
marriage except 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; (MARITAL PRIVILEGE)

2) An ATTORNEY cannot, without the consent of his client, be examined as to

any communication made by the client to him, or his advice given thereon in
the course of, or with a view to, professional employment, nor can an
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attorney’s secretary, stenographer, or clerk be examined, without the consent

of the client and his employer, concerning any fact the knowledge of which
has been acquired in such capacity; (ATTORNEY-CLIENT PRIVILEGE)

3) A person authorized to practice medicine, surgery, or obstetrics cannot in a

civil case, without the consent of the patient, be examined as to any advice or
treatment given by him or any information which he may have acquired in
attending such patient in a professional capacity, which information was
necessary to enable him to act in that capacity, and which would blacken the
reputation of the patient; (PHYSICIAN-PATIENT PRIVILEGE)

4) A MINISTER OR PRIEST cannot, without the consent of the person making

the confession, be examined as to any confession made to or any advice
given by him in his professional character in the course of discipline enjoined
by the church to which the minister or priest belongs; (PRIEST-PENITENT
PRIVILEGE)

5) A PUBLIC OFFICER cannot be examined DURING HIS TERM OF OFFICE

OR AFTERWARDS, as to communications made to him in official confidence,
when the court finds that the public interest would suffer by the disclosure.

SEC. 25 – PARENTAL AND FILIAL PRIVILEGE

“No person may be compelled to testify against his parents, other direct
ascendants, children or other direct descendants.”

SEC. 26 – ADMISSIONS OF A PARTY

“The act, declaration or omission of a party as to a relevant fact may be given in

evidence against him.”

ADMISSION
- any statement of fact made by a party against his interest or unfavorable to
the conclusion for which he contends or is inconsistent with the facts alleged
by him

SELF-SERVING DECLARATION
- one which has been made extrajudicially by the party to favor his interests
and it is not admissible in evidence

SELF-SERVING TESTIMONY
- refers to the extrajudicial statement of a party which is being urged for
admission in court

FLIGHT FROM JUSTICE

- an example of an implied admission of guilt

SEC. 27 – OFFER OF COMPROMISE NOT ADMISSIBLE

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In CRIMINAL CASES, an offer of compromise by the accused may be received

in evidence as AN IMPLIED ADMISSION OF GUILT.

WHEN AN OFFER OF COMPROMISE NOT ADMISSIBLE IN EVIDENCE :

1) in civil cases
2) in criminal cases involving quasi-offenses
3) those allowed by law to be compromised
4) a plea of guilty later withdrawn
5) an unaccepted offer of a plea of guilty to a lesser offense
6) an offer to pay medical, hospital and other expenses for the injury

SEC. 28 – ADMISSION BY THIRD PARTY / RES INTER ALIOS

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

another, except as provided.”

SEC. 30 – ADMISSION BY CONSPIRATOR

“The act or declaration of a conspirator relating to the conspiracy and during its
existence, may be given in evidence against the co-conspirator after the conspiracy is
shown by evidence other than such act or declaration.”

SEC. 31 – ADMISSION BY PRIVIES

“Where one derives title to property, from another, the act, declaration or
omission of the latter, while holding the title, in relation to the property, is evidence
against the former.”
SEC. 32 – ADMISSION BY SILENCE

“An act or declaration made in the presence and within the hearing or
observation of a party who does or says nothing when the act or declaration is such as
naturally to call for action or comment if not true, and when proper or possible for him to
do so, may be given in evidence against him.”

To be admissible against a party as an admission by silence, the following requisites

must be present:
1) He must have heard or observed the act or declaration of the other person;
2) He must have had the opportunity to deny it;
3) He must have understood the statement;
4) He must have an interest to object, such that he would naturally have done, if
the statement was not true;
5) The facts admitted or the inference to be drawn from his silence is material to
the issue.

SEC. 33 – CONFESSION

“The declaration of an accused acknowledging his guilt of the offense charged, or

of any offense necessarily included therein, may be given in evidence against him.”

CONFESSION
- a categorical acknowledgment of guilt made by an accused in a criminal
case, without any exculpatory statement or explanation
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- may be oral or in writing

- may either be judicial or extrajudicial

JUDICIAL CONFESSION
- one made before a court in which the case is pending and in the course of
legal proceedings and by itself, can sustain a conviction

EXTRAJUDICIAL CONFESSION
- one made in any other place or occasion and cannot sustain a conviction
unless corroborated by evidence of the corpus delicti
- binding only upon himself and is not admissible against his co-accused

INTERLOCKING CONFESSIONS
- identical confessions of the several accused without collusion

SEC. 34 – SIMILAR ACTS AS EVIDENCE

“Evidence that one did or did not do a certain thing at one time is NOT admissible
to prove that he did or did not do the same or a similar thing at another time; but it may
be received to prove a specific intent or knowledge, identity, plan, system,, scheme,
habit, customs or usage and the like.”

SEC. 36 – TESTIMONY GENERALLY CONFINED TO PERSONAL KNOWLEDGE;

HEARSAY EXCLUDED/HEARSAY EVIDENCE RULE

“A witness can testify ONLY TO THOSE FACTS WHICH HE KNOWS OF HIS

PERSONAL KNOWLEDGE; that is, which are derived from his own perception, except
as otherwise provided in these Rules.”
EXCEPTIONS TO THE HEARSAY EVIDENCE RULE (SECS. 37-47)

SEC. 37 – DYING DECLARATION

“The declaration of a dying person, made under the consciousness of an

impending death, may be received in any case wherein his death is the subject of
inquiry, as evidence of the cause and surrounding circumstances of such death.”

DYING DECLARATION
- also known as ANTE MORTEM STATEMENT or STATEMENT IN
ARTICULO MORTIS

DYING DECLARATION IS ADMISSIBLE UNDER THE FOLLOWING REQUISITES:

1) that death is imminent and the declarant is conscious of that fact
2) that the declaration refers to the cause and surrounding circumstances of
such death
3) that the declaration relates to facts which the victim is competent to testify to
4) that the declaration is offered in a case wherein the declarant’s death is the
subject of the inquiry

SEC. 38 – DECLARATION AGAINST INTEREST

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“The declaration made by a person deceased, or unable to testify against the

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

DECLARATION AGAINST INTEREST

- statements unfavorable to the declarant
- the opposite of self-serving declaration

SEC. 39 – ACT OR DECLARATION ABOUT PEDIGREE

“The act or declaration of a person deceased or unable to testify in respect to the

pedigree of another person related to him by birth or marriage, may be received in
evidence where it occurred before the controversy and the relationship between the two
persons is shown by evidence other than such act or declaration.”

PEDIGREE
- includes relationship, family genealogy, birth, marriage, death, the dates
when and the places where these facts occurred and the names of the
relatives
- embraces also facts of family history intimately connected with pedigree

SEC. 40 – FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE

“The reputation or tradition existing in a family previous to the controversy, in

respect to the pedigree of any one of its members, may be received in evidence it the
witness testifying be also a member of the family, either by consanguinity or affinity.
Entries in family bibles or other family books or charts, engravings on rings, family
portraits and the like, may be received as evidence of pedigree.”

SEC. 41 – COMMON REPUTATION

“Common reputation existing previous to the controversy, respecting facts of

public or general interest more than thirty years old, or respecting marriage or moral
character, may be given in evidence. Monuments and inscriptions in public places may
be received as evidence of common reputation.”

COMMON REPUTATION
- the definite opinion of the community in which the fact to be proved is known
or exists
- means the general or substantially undivided reputation
- also means general reputation

MATTERS OF PUBLIC INTEREST

- those of national interest

MATTERS OF GENERAL INTEREST

- those affecting inhabitants of a particular region or community
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CHARACTER
- refers to the inherent qualities of a person

REPUTATION
- the opinion of him by others

SEC. 42 – PART OF THE RES GESTAE

“Statements made by a person while a startling occurrence is taking place or

immediately prior or subsequent thereto with respect to the circumstances thereof, may
be given in evidence as part of the res gestae.”

RES GESTAE
- literally means “things done”
- refers to spontaneous statements in connection with a startling occurrence
relating to that fact and in effect forming part thereof
- statements accompanying an equivocal act, otherwise known as verbal acts,
on the theory that they are the verbal parts of the act to be explained

SEC. 43 – ENTRIES IN THE COURSE OF BUSINESS

“Entries made at, or near the time of the transactions to which they refer, by a
person deceased, or unable to testify, who was in a position to know the facts therein
stated, may be received as prima facie evidence, if such person made the entries in his
professional capacity or in the performance of a duty and in the ordinary or regular
course of business or duty.”

SEC. 44 – ENTRIES IN OFFICIAL RECORDS

“Entries in official records made in the performance of his duty by a public officer
of the Philippines, or by a person in the performance of a duty specially enjoined by law,
are prima facie evidence of the facts therein stated.”

SEC. 45 – COMMERCIAL LISTS AND THE LIKE

“Evidence of statements of matters of interest to persons engaged in an

occupation contained in a list, register, periodical, or other published compilation is
admissible as tending to prove the truth of any relevant matter so stated if that
compilation is published for use by persons engaged in that occupation and is generally
used and relied upon by them.”

SEC. 46 – LEARNED TREATISES

“A published treatise, periodical or pamphlet on a subject of history, law, science

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

SEC. 47 – TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING

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“The testimony or deposition of a witness deceased or unable to testify, given in

a former case or proceeding, judicial or administrative, involving the same parties and
subject matter, may be given in evidence against the adverse party who had the
opportunity to cross-examine him.”

SEC. 48 – GENERAL RULE

“The opinion of a witness is NOT ADMISSIBLE, except as indicated in the

following sections.”

SEC. 49 – OPINION OF EXPERT WITNESS

“The opinion of a witness on a matter requiring special knowledge, skill,

experience or training which he is shown to possess, may be received in evidence.”

SEC. 50 – OPINION OF ORDINARY WITNESS

“The opinion of a witness for which proper basis is given, may be received in
evidence regarding:

1) the identity of a person about whom he has adequate knowledge;

2) a handwriting with which he has sufficient familiarity;
3) the mental sanity of a person with whom he is sufficiently acquainted;
4) his impressions of the emotion, behavior, condition or appearance of a
person.

SEC. 51 – CHARACTER EVIDENCE NOT GENERALLY ADMISSIBLE; EXCEPTIONS

a) In CRIMINAL CASES:
1) The accused may prove his good moral character which is pertinent to
the moral trait involved in the offense charged.
2) Unless in rebuttal, the prosecution may not prove his bad moral character
which is pertinent to the moral trait involved in the offense charged.
3) The good or bad moral character of the offended party may be proved if it
tends to establish in any reasonable degree the probability or
improbability of the offense charged.
b) In CIVIL CASES:
1) Evidence of the moral character of a party in civil cases is admissible only
when pertinent to the issue of character involved in the case.

RULE 131
BURDEN OF PROOF AND PRESUMPTIONS

SEC. 1 – BURDEN OF PROOF

BURDEN OF PROOF/ONUS PROBANDI

- the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law.
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- the obligation imposed upon party who alleges the existence of facts
necessary for the prosecution of his action or defense to establish the same
by the requisite quantum of evidence

QUANTUM OF EVIDENCE/WEIGHT OF EVIDENCE

PROOF BEYOND REASONABLE DOUBT

- for criminal cases
- the burden of proof is on the prosecution

PREPONDERANCE OF EVIDENCE
- for civil cases
- the burden of proof is generally on the plaintiff with respect to his complaint,
and on the defendant with respect to his counterclaim

SUBSTANTIAL EVIDENCE
- for administrative cases
- such relevant evidence as a reasonable mind might accept as sufficient to
support a conclusion

PRESUMPTION
- an inference of the existence or non-existence of a fact which courts are
permitted to draw from the proof of other facts

KINDS OF PRESUMPTIONS
1) PRESUMPTIONS OF LAW
o further classified into:
a) DISPUTABLE PRESUMPTIONS
o the kind of presumption that is satisfactory unless overcome by other
evidence

b) CONCLUSIVE PRESUMPTIONS
o the kind of presumption that the law does not allow to be contradicted

2) PRESUMPTIONS OF FACT

SEC. 2 – CONCLUSIVE PRESUMPTIONS

The following are instances of conclusive presumptions:

1) Whenever a party has, by his own declaration, act or omission, intentionally
and deliberately led another to believe a particular thing true and to act upon
such belief, he cannot, in any litigation arising out of such declaration, act or
omission, be permitted to falsify it;
2) The tenant is not permitted to deny the title of his landlord at the time of the
commencement of the relation of landlord and tenant between them.

SEC. 3 – DISPUTABLE PRESUMPTIONS

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(REFER TO CRIMINAL EVIDENCE HANDBOOK FOR THE COMPLETE

ENUMERATION)

RULE 132
PRESENTATION OF EVIDENCE

SEC, 1 – EXAMINATION TO BE DONE IN OPEN COURT

“The examination of witnesses presented in a trial or hearing shall be done in

open court, and under oath or affirmation. Unless the witness is incapacitated to speak,
or the questions calls for a different mode of answer, the answers of the witness shall be
given orally.”

SEC. 2 – PROCEEDINGS TO BE RECORDED

“A transcript of the record of the proceedings made by the official stenographer,

stenotypist or recorder and certified as correct by him shall be deemed prima facie a
correct statement of such proceedings.”

SEC 3 – RIGHTS AND OBLIGATIONS OF A WITNESS

1) To be protected from irrelevant, improper or insulting questions, and from

harsh or insulting demeanor;
2) Not to be detained longer than the interests of justice require;
3) Not to be examined except only as to matters pertinent to the issue;
4) Not to give an answer which will tend to subject him to a penalty for an
offense unless otherwise provided by law (RIGHT AGAINST SELF-
INCRIMINATION);
5) Not to give an answer which will tend to degrade his reputation, unless it be
to the very fact at issue or to a fact from which the fact in issue would be
presumed. But a witness must answer to the fact of his previous final
conviction for an offense (RIGHT AGAINST SELF-DEGRADATION).

USE IMMUNITY
- prohibits the use of the witness’ compelled testimony and its fruits in any
manner in connection with the criminal prosecution of the witness

TRANSACTIONAL IMMUNITY
- grants immunity to the witness from prosecution for an offense to which his
compelled testimony relates

SEC. 4 – ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS

a) Direct examination by the proponent (examination-in-chief)

b) Cross-examination by the opponent
c) Re-direct examination by the proponent
d) Re-cross examination by the opponent
SEC. 5 – DIRECT EXAMINATION

DIRECT EXAMINATION
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- the examination-in-chief of a witness by the party presenting him on the facts

relevant to the issue
- performed by the party presenting the witness

SEC. 6 – CROSS EXAMINATION; ITS PURPOSE AND EXTENT

“Upon the termination of the direct examination, the witness may be cross-
examined by the adverse party as to any matters stated in the direct examination, or
connected therewith, with sufficient fullness and freedom to test his accuracy and
truthfulness and freedom from interest or bias, or the reverse, and to elicit all important
facts bearing upon the issue.”

- performed by the adverse party

SEC. 7 – RE-DIRECT EXAMINATION; ITS PURPOSE AND EXTENT

“After the cross-examination of the witness has been conducted, he may be re-
examined by the party calling him to explain or supplement his answers given during the
cross examination. On re-direct examination, questions on matters not dealt with during
the cross-examination, may be allowed by the court in its discretion.”

SEC. 8 – RE-CROSS EXAMINATION

“Upon the conclusion of the re-direct examination, the adverse party may re-
cross examine the witness on matters stated in his re-direct examination, and also on
such other matters as may be allowed by the court in its discretion.”

SEC. 10 – LEADING AND MISLEADING QUESTIONS

LEADING QUESTION
- a questions which suggests to the witness the answer which the examining
party desires
- generally, not allowed during examination of witness, EXCEPT:
a) on cross-examination
b) on preliminary matters
c) when there is difficulty in getting direct and intelligible answers from a
witness who is ignorant, or a child of tender years, or is of feeble-
mind, or a deaf-mute
d) of an unwilling or hostile witness
e) of a witness who is an adverse party

MISLEADING QUESTION
- one which assumes as true a fact not yet testified to by the witness, or
contrary to that which he has previously stated
- NOT ALLOWED DURING EXAMINATION OF WITNESS

SEC. 11 – IMPEACHMENT OF ADVERSE PARTY’S WITNESS

A PARTY CAN IMPEACH THE ADVERSE PARTY’S WITNESS BY:

1) contradictory evidence
2) evidence of prior inconsistent statements
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3) evidence of bad character

4) evidence of bias, interest, prejudice or incompetence

CONTRADICTORY EVIDENCE
- refers to other testimony of the same witness or other evidence presented by
him in the same case, but not the testimony of another witness

PRIOR INCONSISTENT STATEMENTS

- refer to statements, oral or documentary, made by the witness sought to be
impeached on occasions other than the trial in which he is testifying
- a witness may be impeached by LAYING THE PREDICATE, that is, by:
a) confronting him with such statements, with the circumstances under
which they were made
b) by asking him whether he made such statements
c) by giving him a chance to explain the inconsistency

SEC. 19 – CLASSES OF DOCUMENTS

PUBLIC DOCUMENTS ARE:

1) the written official acts or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether of the
Philippines, or of a foreign country;
2) documents acknowledged before a notary public EXCEPT last wills and
testaments;
3) public records, kept in the Philippines, of private documents required by law
to be entered therein

ALL OTHER WRITINGS ARE PRIVATE DOCUMENTS.

SEC. 20 – PROOF OF PRIVATE DOCUMENT

“Before any private document offered as authentic is received in evidence, its

due execution and authenticity must be proved either:
1) by anyone who saw the document executed or written
2) by evidence of the genuineness of the signature or handwriting of the maker

SEC. 21 – WHEN EVIDENCE OF AUTHENTICITY OF PRIVATE DOCUMENT NOT

NECESSARY

AUTHENTICATION OF A DOCUMENT IS NOT REQUIRED WHEN:

1) the writing is an ancient document
2) the writing is a public document or record
3) it is a notarial document acknowledged, proved or certified
4) the authenticity and due execution of the document has been expressly
admitted or impliedly admitted by a failure to deny the same under oath

ANCIENT DOCUMENT
- a private document that is MORE THAN THIRTY YEARS OLD

SEC. 30 – PROOF OF NOTARIAL DOCUMENTS

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PUBLIC DOCUMENTS MAY BE PROVED BY:

1) the original copy
2) an official publication
3) a certified true copy

SEC. 34 – OFFER OF EVIDENCE

“The court shall consider no evidence which has not been formally offered. The
purpose for which the evidence is offered must be specified.”

SEC. 35 – WHEN TO MAKE OFFER

“As regards the TESTIMONY OF A WITNESS, the offer must be made AT THE
TIME THE WITNESS IS CALLED TO TESTIFY.”

“DOCUMENTARY AND OBJECT EVIDENCE shall be offered AFTER THE

PRESENTATION OF A PARTY’S TESTIMONIAL EVIDENCE.”

SEC. 36 – OBJECTION

“Objection to evidence offered orally must be made immediately after the offer is
made.

Objection to a question propounded in the course of the oral examination of a

witness shall be made as soon as the grounds shall become reasonably apparent.

An offer of evidence in writing shall be objected to within THREE (3) DAYS after
notice of the offer unless a different period is allowed by the court.

In any case, the grounds for the objections must be specified.”

SEC. 37 – WHEN REPETITION OF OBJECTION UNNECESSARY

“When it becomes reasonably apparent in the course of the examination of a

witness that the questions being propounded are of the same class as those to which
the objection has been made, whether such objection was sustained or overruled, it shall
not be necessary to repeat the objection, it being sufficient for the adverse party to
record his CONTINUING OBJECTION to such class of questions.”

SEC. 38 – RULING

“The ruling of the court must be given immediately after the objection is made,
unless the court desires to take reasonable time to inform itself on the question
presented. The reason for SUSTAINING or OVERRULING an objection need not be
stated.”

OBJECTION SUSTAINED
- the ruling of the court when it finds the question IMPROPER

OBJECTION OVERRULED
- the ruling of the court when it finds the question PROPER
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SEC. 39 – STRIKING OUT ANSWER

“Should a witness answer the question before the adverse party had the
opportunity to voice fully its objection to the same, and such objection is found to be
meritorious, the court shall sustain the objection and order the answer given to be
stricken off record.

On proper motion, the court may also order the striking out of answers which are
incompetent, irrelevant or otherwise improper.”

RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE

SEC. 1 – PREPONDERANCE OF EVIDENCE, HOW DETERMINED

“In civil cases, the party having the burden of proof must establish his case by a
preponderance of evidence.”

PREPONDERANCE
- superior weight

SEC. 2 – PROOF BEYOND REASONABLE DOUBT

“In criminal cases, the accused is entitled to an acquittal, unless his guilt is
shown beyond a reasonable doubt.”

PROOF BEYOND REASONABLE DOUBT

- that degree of proof which produces conviction in an unprejudiced mind
- moral certainty

SEC. 3 – EXTRAJUDICIAL CONFESSION, NOT SUFFICIENT GROUND FOR

CONVICTION

“An extrajudicial confession made by an accused, shall not be sufficient ground

for conviction, unless corroborated by evidence of corpus delicti.”

CORPUS DELICTI
- literally means the body or substance of the crime
- the actual commission by someone of the particular crime charged

SEC. 4 – CIRCUMSTANTIAL EVIDENCE, WHEN SUFFICIENT

CIRCUMSTANTIAL EVIDENCE IS SUFFICIENT FOR CONVICTION IF:

1) there is more than one circumstance
2) the facts from which the inference are derived are proven
3) the combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt

SEC. 5 – SUBSTANTIAL EVIDENCE

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“In cases filed before administrative or quasi-judicial bodies, a fact may be

deemed established if it is supported by substantial evidence or that amount of relevant
evidence which a reasonable mind might accept as adequate to justify a conclusion.”