EMILIO AGUINALDO COLLEGE Manila CRIMINOLOGY REVIEW CENTER CRIMINAL EVIDENCE RULE 128 GENERAL PROVISIONS SEC 1 EVIDENCE

E 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 ) TESTIMONIAL o that which is submitted to the court through the testimony or deposition of a witness OT!ER 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 ) COMPETENT o evidence that is not excluded by law ") DIRECT o that which proves the fact in dispute without the aid of any inference or presumption #) 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 $) CUMULATIVE o evidence of the same kind and to the same state of facts %) CORROBORATIVE o additional evidence of a different character to the same point 8) PRIMA FACIE o that which, standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed &) CONCLUSIVE o that which the law does not allow to be contradicted 1') PRIMARY o best evidence 11) SECONDARY o substitutionary evidence 12) POSITIVE o assertion of knowledge 1 ) NEGATIVE o assertion of non-knowledge SEC( ADMISSIBILITY OF EVIDENCE Evidence is admissible when ! " RE#E$%&! !' !(E "")E %&* " &'! E+C#)*E* ,- !(E #%. 'R !(E"E R)#E"/ FRUIT OF T!E 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 ) 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 12& W!AT NEED NOT BE PROVED SEC( 1 JUDICIAL NOTICE) W!EN MANDATORY *A +,-./ 01all /a23 4-5i+ial n,/i+3) 6i/1,-/ /13 in/.,5-+/i,n ,7 38i53n+3) ,7 /13 39i0/3n+3 an5 /3..i/,.ial 39/3n/ ,7 0/a/30) /13i. :,li/i+al 1i0/,.;) 7,.<0 ,7 =,83.n<3n/ an5 0;<>,l0 ,7 na/i,nali/;) /13 la6 ,7 na/i,n0) /13 a5<i.al/; an5 <a.i/i<3 +,-./0 ,7 /13 6,.l5 an5 /13i. 03al0) /13 :,li/i+al +,n0/i/-/i,n an5 1i0/,.; ,7 /13 P1ili::in30) /13 ,77i+ial a+/0 ,7 /13 l3=i0la/i83) 393+-/i83 an5 4-5i+ial 53:a./<3n/0 ,7 /13 P1ili::in30) /13 la60 ,7 na/-.3) /13 <3a0-.3 ,7 /i<3 an5 /13 =3,=.a:1i+al 5i8i0i,n0(? SEC( 2 JUDICIAL NOTICE) W!EN DISCRETIONARY *A +,-./ <a; /a23 4-5i+ial n,/i+3 ,7 <a//3.0 61i+1 a.3 ,7 :->li+ 2n,6l35=3) ,. a.3 +a:a>l3 ,7 -n@-30/i,na>l3 53<,n0/.a/i,n) ,. ,-=1/ /, >3 2n,6n /, 4-5=30 >3+a-03 ,7 /13i. 4-5i+ial 7-n+/i,n0(? JUDICIAL NOTICE the cogni0ance 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( " JUDICIAL ADMISSIONS *An a5<i00i,n) 83.>al ,. 6.i//3n <a53 >; a :a./; in /13 +,-.03 ,7 /13 :.,+335in=0 in /13 0a<3 +a03) 5,30 n,/ .3@-i.3 :.,,7( T13 a5<i00i,n <a; >3 +,n/.a5i+/35 ,nl; >; 01,6in= /1a/ i/ 6a0 <a53 /1.,-=1 :al:a>l3 <i0/a23 ,. /1a/ n, 0-+1 a5<i00i,n 6a0 <a53(? JUDICIAL ADMISSIONS MAY BE MADE INA 12 the pleadings filed by the parties 32 in the course of the trial either by verbal or written manifestations or stipulations 42 in other stages of the judicial proceedings 52 admissions obtained through depositions RULE 1 ' RULES OF ADMISSIBILITY A( OBJECT BREAL) 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 !he court may refuse the introduction of object 6real2 evidence and rely on testimonial evidence alone if7 the exhibition of such object is contrary to public policy, morals or decency 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 42 such object 6real2 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 52 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 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 authori0ed paper by which something is proved, evidenced or set forth SEC( ORIGINAL DOCUMENT MUST BE PRODUCEDC EDCEPTIONSEBEST EVIDENCE RULE *W13n /13 0->43+/ ,7 in@-i.; i0 /13 CONTENTS ,7 a 5,+-<3n/) n, 38i53n+3 01all >3 a5<i00i>l3 ,/13. /1an /13 ,.i=inal 5,+-<3n/ i/03l7) 39+3:/ in /13 7,ll,6in= +a030A 12 .hen the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror8 32 .hen 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 notice8 42 .hen 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 whole8 and 52 .hen the original is a public record in the custody of a public officer or is recorded in a public office/ T13 BEST EVIDENCE RULE a::li30 ,nl; 613n /13 CONTENT ,7 0-+1 5,+-<3n/ i0 /13 SUBJECT OF INFUIRY( SEC( " ORIGINAL OF DOCUMENT 12 32

W!AT ARE ORIGINALSG 12 !he original of a document is one the contents of which are the subject of inquiry8 32 .hen 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 originals8 42 .hen 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( # W!EN ORIGINAL DOCUMENT IS UNAVAILABLEESECONDARY EVIDENCE W13n /13 ,.i=inal 5,+-<3n/ 1a0 >33n l,0/ ,. 530/.,;35) ,. +ann,/ >3 :.,5-+35 in +,-./) /13 ,773.,.) -:,n :.,,7 ,7 i/0 393+-/i,n ,. 39i0/3n+3 an5 /13 +a-03 ,7 i/0 -na8aila>ili/; 6i/1,-/ >a5 7ai/1 ,n 1i0 :a./) <a; :.,83 i/0 +,n/3n/0 >; a +,:;) ,. >; a .3+i/al ,7 i/0 +,n/3n/0 in 0,<3 a-/13n/i+ 5,+-<3n/) ,. >; /13 /30/i<,n; ,7 6i/n30030 in /13 ,.53. 0/a/35( SECONDARY EVIDENCE MAY CONSIST OFA 12 a copy of said document 32 a recital of its contents in an authentic document 42 the recollection of witnesses SEC( & EVIDENCE OF WRITTEN AGREEMENTSEPAROL EVIDENCE RULE W13n /13 /3.<0 ,7 an a=.33<3n/ 1a83 >33n .35-+35 /, 6.i/in=) i/ i0 /, >3 +,n0i53.35 a0 +,n/ainin= all /13 /3.<0 a=.335 -:,n an5 /13.3 +an >3) >3/633n /13 :a./i30 an5 /13i. 0-++300,.0 in in/3.30/) n, 38i53n+3 ,7 0-+1 /3.<0 ,/13. /1an /13 +,n/3n/0 ,7 /13 6.i//3n a=.33<3n/( EDCEPTIONSA 12 an intrinsic ambiguity, mistake or imperfection in the written agreement8 32 the failure of the written agreement to express the true intent and agreement of the parties thereto8 42 the validity of the written agreement8 or 52 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 EDTRINSIC 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 INTENTIONC GENERAL AND PARTICULAR PROVISIONS .hen a general and a particular provision are inconsistent, the PARTICULAR PROVISION will prevail/ SEC( 1# WRITTEN WORDS CONTROL PRINTED .hen 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 SEC( 2' WITNESSC T!EIR FUALIFICATIONS W!O CAN BE A WITNESSG all persons who can perceive, and perceiving, can make known their perception to others SEC( 21 DISFUALIFICATION BY REASON OF MENTAL INCAPACITY !he following persons cannot be witnesses7 12 !hose whose mental conditions, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others8 32 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 DISFUALIFICATION BY REASON OF MARRIAGEEMARITAL DISFUALIFICATION OR SPOUSAL IMMUNITY 9DURING T!EIR MARRIAGE, n3i/13. /13 1-0>an5 n,. /13 6i73 <a; /30/i7; 7,. ,. a=ain0/ /13 ,/13. 6i/1,-/ /13 +,n03n/ ,7 /13 a773+/35 0:,-03) 39+3:/ in a +i8il +a03 >; ,n3 a=ain0/ /13 ,/13.) ,. in a +.i<inal +a03 7,. a +.i<3 +,<<i//35 >; ,n3 a=ain0/ /13 ,/13. ,. /13 la//3.H0 5i.3+/ 530+3n5an/0 ,. a0+3n5an/0(? SEC( 2 DISFUALIFICATION BY REASON OF DEAT! OR INSANITY OF ADVERSE PARTYESURVIVORS!IP DISFUALIFICATION RULE OR DEAD MAN STATUTE *Pa./i30 ,. a00i=n,.0 ,7 :a./i30 /, a +a03) ,. :3.0,n0 in 61,03 >31al7 a +a03 i0 :.,03+-/35) a=ain0/ an 393+-/,. ,. a5<ini0/.a/,. ,. ,/13. .3:.303n/a/i83 ,7 a 53+3a035 :3.0,n) ,. a=ain0/ a :3.0,n ,7 -n0,-n5 <in5) -:,n a +lai< ,. 53<an5 a=ain0/ /13 30/a/3 ,7 0-+1 53+3a035 :3.0,n ,. a=ain0/ 0-+1 :3.0,n ,7 -n0,-n5 <in5) +ann,/ /30/i7; a0 /, an; <a//3. ,7 7a+/ ,++-..in= >37,.3 /13 53a/1 ,7 0-+1 53+3a035 :3.0,n ,. >37,.3 0-+1 :3.0,n >3+a<3 an -n0,-n5 <in5(? SEC( 2" DISFUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION

!he following persons cannot testify as to matters learned in confidence in the following cases7 12 !he !USBAND OR T!E WIFE, DURING OR AFTER T!E 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 ascendants8 BMARITAL PRIVILEGE) 32 %n 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 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 capacity8 BATTORNEYICLIENT PRIVILEGE) % :3.0,n a-/1,.iJ35 /, :.a+/i+3 <35i+in3) 0-.=3.;) ,. ,>0/3/.i+0 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 patient8 BP!YSICIANIPATIENT PRIVILEGE) 52 % 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 belongs8 BPRIESTIPENITENT PRIVILEGE) ;2 % PUBLIC OFFICER cannot be examined DURING !IS 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( 2# PARENTAL AND FILIAL PRIVILEGE *N, :3.0,n <a; >3 +,<:3ll35 /, /30/i7; a=ain0/ 1i0 :a.3n/0) ,/13. 5i.3+/ a0+3n5an/0) +1il5.3n ,. ,/13. 5i.3+/ 530+3n5an/0(? SEC( 2$ ADMISSIONS OF A PARTY *T13 a+/) 53+la.a/i,n ,. ,<i00i,n ,7 a :a./; a0 /, a .3l38an/ 7a+/ <a; >3 =i83n in 38i53n+3 a=ain0/ 1i<(? 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 SELFISERVING DECLARATION one which has been made extrajudicially by the party to favor his interests and it is not admissible in evidence SELFISERVING TESTIMONY refers to the extrajudicial statement of a party which is being urged for admission in court FLIG!T FROM JUSTICE an example of an implied admission of guilt SEC( 2% OFFER OF COMPROMISE NOT ADMISSIBLE n CRIMINAL CASES, an ,773. ,7 +,<:.,<i03 >; /13 a++-035 may be received in evidence as AN IMPLIED ADMISSION OF GUILT( W!EN AN OFFER OF COMPROMISE NOT ADMISSIBLE IN EVIDENCE A 12 in civil cases 32 in criminal cases involving quasi-offenses 42 those allowed by law to be compromised 52 a plea of guilty later withdrawn ;2 an unaccepted offer of a plea of guilty to a lesser offense <2 an offer to pay medical, hospital and other expenses for the injury SEC( 28 ADMISSION BY T!IRD PARTY E RES INTER ALIOS *T13 .i=1/0 ,7 a :a./; +ann,/ >3 :.34-5i+35 >; an a+/) 53+la.a/i,n) ,. ,<i00i,n ,7 an,/13.) 39+3:/ a0 :.,8i535(? SEC( ' ADMISSION BY CONSPIRATOR *T13 a+/ ,. 53+la.a/i,n ,7 a +,n0:i.a/,. .3la/in= /, /13 +,n0:i.a+; an5 5-.in= i/0 39i0/3n+3) <a; >3 =i83n in 38i53n+3 a=ain0/ /13 +,I+,n0:i.a/,. a7/3. /13 +,n0:i.a+; i0 01,6n >; 38i53n+3 ,/13. /1an 0-+1 a+/ ,. 53+la.a/i,n(? SEC( 1 ADMISSION BY PRIVIES *W13.3 ,n3 53.i830 /i/l3 /, :.,:3./;) 7.,< an,/13.) /13 a+/) 53+la.a/i,n ,. ,<i00i,n ,7 /13 la//3.) 61il3 1,l5in= /13 /i/l3) in .3la/i,n /, /13 :.,:3./;) i0 38i53n+3 a=ain0/ /13 7,.<3.(? SEC( 2 ADMISSION BY SILENCE *An a+/ ,. 53+la.a/i,n <a53 in /13 :.303n+3 an5 6i/1in /13 13a.in= ,. ,>03.8a/i,n ,7 a :a./; 61, 5,30 ,. 0a;0 n,/1in= 613n /13 a+/ ,. 53+la.a/i,n i0 0-+1 a0 na/-.all; /, +all 7,. a+/i,n ,. +,<<3n/ i7 n,/ /.-3) an5 613n :.,:3. ,. :,00i>l3 7,. 1i< /, 5, 0,) <a; >3 =i83n in 38i53n+3 a=ain0/ 1i<(? 42

!o be admissible against a party as an admission by silence, the following requisites must be present7 12 (e must have heard or observed the act or declaration of the other person8 32 (e must have had the opportunity to deny it8 42 (e must have understood the statement8 52 (e must have an interest to object, such that he would naturally have done, if the statement was not true8 ;2 !he facts admitted or the inference to be drawn from his silence is material to the issue/ SEC( CONFESSION 9!he 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 may be oral or in writing 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 EDTRAJUDICIAL 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( " SIMILAR ACTS AS EVIDENCE *E8i53n+3 /1a/ ,n3 5i5 ,. 5i5 n,/ 5, a +3./ain /1in= a/ ,n3 /i<3 i0 NOT a5<i00i>l3 /, :.,83 /1a/ 13 5i5 ,. 5i5 n,/ 5, /13 0a<3 ,. a 0i<ila. /1in= a/ an,/13. /i<3C >-/ i/ <a; >3 .3+3i835 /, :.,83 a 0:3+i7i+ in/3n/ ,. 2n,6l35=3) i53n/i/;) :lan) 0;0/3<)) 0+13<3) 1a>i/) +-0/,<0 ,. -0a=3 an5 /13 li23(? SEC( $ TESTIMONY GENERALLY CONFINED TO PERSONAL KNOWLEDGEC !EARSAY EDCLUDEDE!EARSAY EVIDENCE RULE *A 6i/n300 +an /30/i7; ONLY TO T!OSE FACTS W!IC! !E KNOWS OF !IS PERSONAL KNOWLEDGEC /1a/ i0) 61i+1 a.3 53.i835 7.,< 1i0 ,6n :3.+3:/i,n) 39+3:/ a0 ,/13.6i03 :.,8i535 in /1303 R-l30(? EDCEPTIONS TO T!E !EARSAY EVIDENCE RULE BSECS( %I"%) SEC( % DYING DECLARATION *T13 53+la.a/i,n ,7 a 5;in= :3.0,n) <a53 -n53. /13 +,n0+i,-0n300 ,7 an i<:3n5in= 53a/1) <a; >3 .3+3i835 in an; +a03 613.3in 1i0 53a/1 i0 /13 0->43+/ ,7 in@-i.;) a0 38i53n+3 ,7 /13 +a-03 an5 0-..,-n5in= +i.+-<0/an+30 ,7 0-+1 53a/1(? DYING DECLARATION also known as ANTE MORTEM STATEMENT or STATEMENT IN ARTICULO MORTIS DYING DECLARATION IS ADMISSIBLE UNDER T!E FOLLOWING REFUISITESA 12 that death is imminent and the declarant is conscious of that fact 32 that the declaration refers to the cause and surrounding circumstances of such death 42 that the declaration relates to facts which the victim is competent to testify to 52 that the declaration is offered in a case wherein the declarant:s death is the subject of the inquiry SEC( 8 DECLARATION AGAINST INTEREST *T13 53+la.a/i,n <a53 >; a :3.0,n 53+3a035) ,. -na>l3 /, /30/i7; a=ain0/ /13 in/3.30/ ,7 /13 53+la.an/) i7 /13 7a+/ a003./35 in /13 53+la.a/i,n 6a0 a/ /13 /i<3 i/ 6a0 <a53 0, 7a. +,n/.a.; /, 53+la.an/H0 ,6n in/3.30/) /1a/ a .3a0,na>l3 <an in 1i0 :,0i/i,n 6,-l5 n,/ 1a83 <a53 /13 53+la.a/i,n -nl300 13 >3li3835 i/ /, >3 /.-3) <a; >3 .3+3i835 in 38i53n+3 a=ain0/ 1i<03l7 ,. 1i0 0-++300,.0 in in/3.30/ an5 a=ain0/ /1i.5 :3.0,n0(? DECLARATION AGAINST INTEREST statements unfavorable to the declarant the opposite of self-serving declaration SEC( & ACT OR DECLARATION ABOUT PEDIGREE *T13 a+/ ,. 53+la.a/i,n ,7 a :3.0,n 53+3a035 ,. -na>l3 /, /30/i7; in .30:3+/ /, /13 :35i=.33 ,7 an,/13. :3.0,n .3la/35 /, 1i< >; >i./1 ,. <a..ia=3) <a; >3 .3+3i835 in 38i53n+3 613.3 i/ ,++-..35 >37,.3 /13 +,n/.,83.0; an5 /13 .3la/i,n01i: >3/633n /13 /6, :3.0,n0 i0 01,6n >; 38i53n+3 ,/13. /1an 0-+1 a+/ ,. 53+la.a/i,n(? PEDIGREE includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred and the names of the relatives SEC( "' FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE

*T13 .3:-/a/i,n ,. /.a5i/i,n 39i0/in= in a 7a<il; :.38i,-0 /, /13 +,n/.,83.0;) in .30:3+/ /, /13 :35i=.33 ,7 an; ,n3 ,7 i/0 <3<>3.0) <a; >3 .3+3i835 in 38i53n+3 i/ /13 6i/n300 /30/i7;in= >3 al0, a <3<>3. ,7 /13 7a<il;) 3i/13. >; +,n0an=-ini/; ,. a77ini/;( En/.i30 in 7a<il; >i>l30 ,. ,/13. 7a<il; >,,20 ,. +1a./0) 3n=.a8in=0 ,n .in=0) 7a<il; :,./.ai/0 an5 /13 li23) <a; >3 .3+3i835 a0 38i53n+3 ,7 :35i=.33(? SEC( "1 COMMON REPUTATION *C,<<,n .3:-/a/i,n 39i0/in= :.38i,-0 /, /13 +,n/.,83.0;) .30:3+/in= 7a+/0 ,7 :->li+ ,. =3n3.al in/3.30/ <,.3 /1an /1i./; ;3a.0 ,l5) ,. .30:3+/in= <a..ia=3 ,. <,.al +1a.a+/3.) <a; >3 =i83n in 38i53n+3( M,n-<3n/0 an5 in0+.i:/i,n0 in :->li+ :la+30 <a; >3 .3+3i835 a0 38i53n+3 ,7 +,<<,n .3:-/a/i,n(? 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 C!ARACTER refers to the inherent qualities of a person REPUTATION the opinion of him by others SEC( "2 PART OF T!E RES GESTAE *S/a/3<3n/0 <a53 >; a :3.0,n 61il3 a 0/a./lin= ,++-..3n+3 i0 /a2in= :la+3 ,. i<<35ia/3l; :.i,. ,. 0->03@-3n/ /13.3/, 6i/1 .30:3+/ /, /13 +i.+-<0/an+30 /13.3,7) <a; >3 =i83n in 38i53n+3 a0 :a./ ,7 /13 .30 =30/a3(? RES GESTAE literally means */1in=0 5,n3? 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( " ENTRIES IN T!E COURSE OF BUSINESS *En/.i30 <a53 a/) ,. n3a. /13 /i<3 ,7 /13 /.an0a+/i,n0 /, 61i+1 /13; .373.) >; a :3.0,n 53+3a035) ,. -na>l3 /, /30/i7;) 61, 6a0 in a :,0i/i,n /, 2n,6 /13 7a+/0 /13.3in 0/a/35) <a; >3 .3+3i835 a0 :.i<a 7a+i3 38i53n+3) i7 0-+1 :3.0,n <a53 /13 3n/.i30 in 1i0 :.,7300i,nal +a:a+i/; ,. in /13 :3.7,.<an+3 ,7 a 5-/; an5 in /13 ,.5ina.; ,. .3=-la. +,-.03 ,7 >-0in300 ,. 5-/;(? SEC( "" ENTRIES IN OFFICIAL RECORDS *En/.i30 in ,77i+ial .3+,.50 <a53 in /13 :3.7,.<an+3 ,7 1i0 5-/; >; a :->li+ ,77i+3. ,7 /13 P1ili::in30) ,. >; a :3.0,n in /13 :3.7,.<an+3 ,7 a 5-/; 0:3+iall; 3n4,in35 >; la6) a.3 :.i<a 7a+i3 38i53n+3 ,7 /13 7a+/0 /13.3in 0/a/35(? SEC( "# COMMERCIAL LISTS AND T!E LIKE *E8i53n+3 ,7 0/a/3<3n/0 ,7 <a//3.0 ,7 in/3.30/ /, :3.0,n0 3n=a=35 in an ,++-:a/i,n +,n/ain35 in a li0/) .3=i0/3.) :3.i,5i+al) ,. ,/13. :->li0135 +,<:ila/i,n i0 a5<i00i>l3 a0 /3n5in= /, :.,83 /13 /.-/1 ,7 an; .3l38an/ <a//3. 0, 0/a/35 i7 /1a/ +,<:ila/i,n i0 :->li0135 7,. -03 >; :3.0,n0 3n=a=35 in /1a/ ,++-:a/i,n an5 i0 =3n3.all; -035 an5 .3li35 -:,n >; /13<(? SEC( "$ LEARNED TREATISES *A :->li0135 /.3a/i03) :3.i,5i+al ,. :a<:1l3/ ,n a 0->43+/ ,7 1i0/,.;) la6) 0+i3n+3 ,. a./ i0 a5<i00i>l3 a0 /3n5in= /, :.,83 /13 /.-/1 ,7 a <a//3. 0/a/35 /13.3in i7 /13 +,-./ /a230 4-5i+ial n,/i+3 ,. a 6i/n300 39:3./ in /13 0->43+/ /30/i7i30 /1a/ /13 6.i/3. ,7 /13 0/a/3<3n/ in /13 /.3a/i03) :3.i,5i+al ,. :a<:1l3/ i0 .3+,=niJ35 in 1i0 :.,7300i,n ,. +allin= a0 39:3./ in /13 0->43+/(? SEC( "% TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING *T13 /30/i<,n; ,. 53:,0i/i,n ,7 a 6i/n300 53+3a035 ,. -na>l3 /, /30/i7;) =i83n in a 7,.<3. +a03 ,. :.,+335in=) 4-5i+ial ,. a5<ini0/.a/i83) in8,l8in= /13 0a<3 :a./i30 an5 0->43+/ <a//3.) <a; >3 =i83n in 38i53n+3 a=ain0/ /13 a583.03 :a./; 61, 1a5 /13 ,::,./-ni/; /, +.,00I 39a<in3 1i<(? SEC( "8 GENERAL RULE *T13 ,:ini,n ,7 a 6i/n300 i0 NOT ADMISSIBLE) 39+3:/ a0 in5i+a/35 in /13 7,ll,6in= 03+/i,n0(? SEC( "& OPINION OF EDPERT WITNESS

*T13 ,:ini,n ,7 a 6i/n300 ,n a <a//3. .3@-i.in= 0:3+ial 2n,6l35=3) 02ill) 39:3.i3n+3 ,. /.ainin= 61i+1 13 i0 01,6n /, :,00300) <a; >3 .3+3i835 in 38i53n+3(? SEC( #' OPINION OF ORDINARY WITNESS *T13 ,:ini,n ,7 a 6i/n300 7,. 61i+1 :.,:3. >a0i0 i0 =i83n) <a; >3 .3+3i835 in 38i53n+3 .3=a.5in=A 12 32 42 52 the identity of a person about whom he has adequate knowledge8 a handwriting with which he has sufficient familiarity8 the mental sanity of a person with whom he is sufficiently acquainted8 his impressions of the emotion, behavior, condition or appearance of a person/

SEC( #1 C!ARACTER EVIDENCE NOT GENERALLY ADMISSIBLEC EDCEPTIONS a2 In CRIMINAL CASESA 1) !he accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged/ 2) )nless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the moral trait involved in the offense charged/ ) !he 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/ b2 In CIVIL CASESA 12 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 1 1 BURDEN OF PROOF AND PRESUMPTIONS SEC( 1 BURDEN OF PROOF BURDEN OF PROOFEONUS 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/ 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 FUANTUM OF EVIDENCEEWEIG!T 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 into7 a) DISPUTABLE PRESUMPTIONS o the kind of presumption that is satisfactory unless overcome by other evidence >) CONCLUSIVE PRESUMPTIONS o the kind of presumption that the law does not allow to be contradicted 2) PRESUMPTIONS OF FACT SEC( 2 CONCLUSIVE PRESUMPTIONS !he following are instances of conclusive presumptions7 12 .henever 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 it8 32 !he 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( DISPUTABLE PRESUMPTIONS

BREFER TO CRIMINAL EVIDENCE !ANDBOOK FOR T!E COMPLETE ENUMERATION) RULE 1 2 PRESENTATION OF EVIDENCE

SEC) 1 EDAMINATION TO BE DONE IN OPEN COURT *T13 39a<ina/i,n ,7 6i/n30030 :.303n/35 in a /.ial ,. 13a.in= 01all >3 5,n3 in ,:3n +,-./) an5 -n53. ,a/1 ,. a77i.<a/i,n( Unl300 /13 6i/n300 i0 in+a:a+i/a/35 /, 0:3a2) ,. /13 @-30/i,n0 +all0 7,. a 5i773.3n/ <,53 ,7 an063.) /13 an063.0 ,7 /13 6i/n300 01all >3 =i83n ,.all;(? SEC( 2 PROCEEDINGS TO BE RECORDED *A /.an0+.i:/ ,7 /13 .3+,.5 ,7 /13 :.,+335in=0 <a53 >; /13 ,77i+ial 0/3n,=.a:13.) 0/3n,/;:i0/ ,. .3+,.53. an5 +3./i7i35 a0 +,..3+/ >; 1i< 01all >3 533<35 :.i<a 7a+i3 a +,..3+/ 0/a/3<3n/ ,7 0-+1 :.,+335in=0(? SEC RIG!TS AND OBLIGATIONS OF A WITNESS 12 !o be protected from irrelevant, improper or insulting questions, and from harsh or insulting demeanor8 32 &ot to be detained longer than the interests of justice require8 42 &ot to be examined except only as to matters pertinent to the issue8 ") &ot to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law BRIG!T AGAINST SELFIINCRIMINATION)8 #) &ot 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/ ,ut a witness must answer to the fact of his previous final conviction for an offense BRIG!T AGAINST SELFI 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( " ORDER IN T!E EDAMINATION OF AN INDIVIDUAL WITNESS a2 *irect examination by the proponent 6examination-in-chief2 b2 Cross-examination by the opponent c2 Re-direct examination by the proponent d2 Re-cross examination by the opponent SEC( # DIRECT EDAMINATION DIRECT EDAMINATION the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue performed by the :a./; :.303n/in= /13 6i/n300 SEC( $ CROSS EDAMINATIONC ITS PURPOSE AND EDTENT *U:,n /13 /3.<ina/i,n ,7 /13 5i.3+/ 39a<ina/i,n) /13 6i/n300 <a; >3 +.,00I39a<in35 >; /13 a583.03 :a./; a0 /, an; <a//3.0 0/a/35 in /13 5i.3+/ 39a<ina/i,n) ,. +,nn3+/35 /13.36i/1) 6i/1 0-77i+i3n/ 7-lln300 an5 7.335,< /, /30/ 1i0 a++-.a+; an5 /.-/17-ln300 an5 7.335,< 7.,< in/3.30/ ,. >ia0) ,. /13 .383.03) an5 /, 3li+i/ all i<:,./an/ 7a+/0 >3a.in= -:,n /13 i00-3(? performed by the a583.03 :a./; SEC( % REIDIRECT EDAMINATIONC ITS PURPOSE AND EDTENT *A7/3. /13 +.,00I39a<ina/i,n ,7 /13 6i/n300 1a0 >33n +,n5-+/35) 13 <a; >3 .3I 39a<in35 >; /13 :a./; +allin= 1i< /, 39:lain ,. 0-::l3<3n/ 1i0 an063.0 =i83n 5-.in= /13 +.,00 39a<ina/i,n( On .3I5i.3+/ 39a<ina/i,n) @-30/i,n0 ,n <a//3.0 n,/ 53al/ 6i/1 5-.in= /13 +.,00I 39a<ina/i,n) <a; >3 all,635 >; /13 +,-./ in i/0 5i0+.3/i,n(? SEC( 8 REICROSS EDAMINATION *U:,n /13 +,n+l-0i,n ,7 /13 .3I5i.3+/ 39a<ina/i,n) /13 a583.03 :a./; <a; .3I+.,00 39a<in3 /13 6i/n300 ,n <a//3.0 0/a/35 in 1i0 .3I5i.3+/ 39a<ina/i,n) an5 al0, ,n 0-+1 ,/13. <a//3.0 a0 <a; >3 all,635 >; /13 +,-./ in i/0 5i0+.3/i,n(? SEC( 1' LEADING AND MISLEADING FUESTIONS LEADING FUESTION a questions which suggests to the witness the answer which the examining party desires generally, not allowed during examination of witness, E+CE>!7 a2 on cross-examination b2 on preliminary matters c2 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 d2 of an unwilling or hostile witness e2 of a witness who is an adverse party MISLEADING FUESTION

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 EDAMINATION OF WITNESS SEC( 11 IMPEAC!MENT OF ADVERSE PARTYHS WITNESS A PARTY 12 32 42 52 CAN IMPEAC! T!E ADVERSE PARTYHS WITNESS BYA contradictory evidence evidence of prior inconsistent statements evidence of bad character 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 T!E PREDICATE, that is, by7 a2 confronting him with such statements, with the circumstances under which they were made b2 by asking him whether he made such statements c2 by giving him a chance to explain the inconsistency SEC( 1& CLASSES OF DOCUMENTS PUBLIC DOCUMENTS AREA 12 the written official acts or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the >hilippines, or of a foreign country8 32 documents acknowledged before a notary public E+CE>! last wills and testaments8 42 public records, kept in the >hilippines, of private documents required by law to be entered therein ALL OT!ER WRITINGS ARE PRIVATE DOCUMENTS( SEC( 2' PROOF OF PRIVATE DOCUMENT 9,efore any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either7 12 by anyone who saw the document executed or written 32 by evidence of the genuineness of the signature or handwriting of the maker SEC( 21 W!EN EVIDENCE OF AUT!ENTICITY OF PRIVATE DOCUMENT NOT NECESSARY AUT!ENTICATION OF A DOCUMENT IS NOT REFUIRED W!ENA 12 the writing is an ancient document 32 the writing is a public document or record 42 it is a notarial document acknowledged, proved or certified 52 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 T!AN T!IRTY YEARS OLD "EC/ 4? @ >R''A 'A &'!%R %# *'C)BE&!" >),# C *'C)BE&!" B%- ,E >R'$E* ,-7 12 the original copy 32 an official publication 42 a certified true copy SEC( " OFFER OF EVIDENCE

9!he court shall consider no evidence which has not been formally offered/ !he purpose for which the evidence is offered must be specified/= SEC( # W!EN TO MAKE OFFER

9%s regards the TESTIMONY OF A WITNESS, the offer must be made AT T!E TIME T!E WITNESS IS CALLED TO TESTIFY(? *DOCUMENTARY AND OBJECT EVIDENCE shall be offered AFTER T!E PRESENTATION OF A PARTYHS TESTIMONIAL EVIDENCE(?

SEC(

$ OBJECTION *O>43+/i,n /, 38i53n+3 ,773.35 ,.all; <-0/ >3 <a53 i<<35ia/3l; a7/3. /13 ,773. i0 <a53(

O>43+/i,n /, a @-30/i,n :.,:,-n535 in /13 +,-.03 ,7 /13 ,.al 39a<ina/i,n ,7 a 6i/n300 01all >3 <a53 a0 0,,n a0 /13 =.,-n50 01all >3+,<3 .3a0,na>l; a::a.3n/( An ,773. ,7 38i53n+3 in 6.i/in= 01all >3 ,>43+/35 /, 6i/1in T!REE B ) DAYS a7/3. n,/i+3 ,7 /13 ,773. -nl300 a 5i773.3n/ :3.i,5 i0 all,635 >; /13 +,-./( In an; +a03) /13 =.,-n50 7,. /13 ,>43+/i,n0 <-0/ >3 0:3+i7i35(? SEC( % W!EN REPETITION OF OBJECTION UNNECESSARY

*W13n i/ >3+,<30 .3a0,na>l; a::a.3n/ in /13 +,-.03 ,7 /13 39a<ina/i,n ,7 a 6i/n300 /1a/ /13 @-30/i,n0 >3in= :.,:,-n535 a.3 ,7 /13 0a<3 +la00 a0 /1,03 /, 61i+1 /13 ,>43+/i,n 1a0 >33n <a53) 613/13. 0-+1 ,>43+/i,n 6a0 0-0/ain35 ,. ,83..-l35) i/ 01all n,/ >3 n3+300a.; /, .3:3a/ /13 ,>43+/i,n) i/ >3in= 0-77i+i3n/ 7,. /13 a583.03 :a./; /, .3+,.5 1i0 CONTINUING OBJECTION /, 0-+1 +la00 ,7 @-30/i,n0(? SEC( 8 RULING

*T13 .-lin= ,7 /13 +,-./ <-0/ >3 =i83n i<<35ia/3l; a7/3. /13 ,>43+/i,n i0 <a53) -nl300 /13 +,-./ 530i.30 /, /a23 .3a0,na>l3 /i<3 /, in7,.< i/03l7 ,n /13 @-30/i,n :.303n/35( T13 .3a0,n 7,. SUSTAINING ,. OVERRULING an ,>43+/i,n n335 n,/ >3 0/a/35(? 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 SEC( & STRIKING OUT ANSWER

*S1,-l5 a 6i/n300 an063. /13 @-30/i,n >37,.3 /13 a583.03 :a./; 1a5 /13 ,::,./-ni/; /, 8,i+3 7-ll; i/0 ,>43+/i,n /, /13 0a<3) an5 0-+1 ,>43+/i,n i0 7,-n5 /, >3 <3.i/,.i,-0) /13 +,-./ 01all 0-0/ain /13 ,>43+/i,n an5 ,.53. /13 an063. =i83n /, >3 0/.i+23n ,77 .3+,.5( On :.,:3. <,/i,n) /13 +,-./ <a; al0, ,.53. /13 0/.i2in= ,-/ ,7 an063.0 61i+1 a.3 in+,<:3/3n/) i..3l38an/ ,. ,/13.6i03 i<:.,:3.(? RULE 1 WEIG!T AND SUFFICIENCY OF EVIDENCE SEC( 1 PREPONDERANCE OF EVIDENCE) !OW DETERMINED *In +i8il +a030) /13 :a./; 1a8in= /13 >-.53n ,7 :.,,7 <-0/ 30/a>li01 1i0 +a03 >; a :.3:,n53.an+3 ,7 38i53n+3(? PREPONDERANCE superior weight SEC( 2 PROOF BEYOND REASONABLE DOUBT *In +.i<inal +a030) /13 a++-035 i0 3n/i/l35 /, an a+@-i//al) -nl300 1i0 =-il/ i0 01,6n >3;,n5 a .3a0,na>l3 5,->/(? PROOF BEYOND REASONABLE DOUBT that degree of proof which produces conviction in an unprejudiced mind moral certainty SEC( EDTRAJUDICIAL CONFESSION) NOT SUFFICIENT GROUND FOR CONVICTION

*An 39/.a4-5i+ial +,n7300i,n <a53 >; an a++-035) 01all n,/ >3 0-77i+i3n/ =.,-n5 7,. +,n8i+/i,n) -nl300 +,..,>,.a/35 >; 38i53n+3 ,7 +,.:-0 53li+/i(? CORPUS DELICTI literally means the body or substance of the crime the actual commission by someone of the particular crime charged SEC( " CIRCUMSTANTIAL EVIDENCE) W!EN SUFFICIENT CIRCUMSTANTIAL EVIDENCE IS SUFFICIENT FOR CONVICTION IFA

there is more than one circumstance the facts from which the inference are derived are proven the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt SEC( # SUBSTANTIAL EVIDENCE *In +a030 7il35 >37,.3 a5<ini0/.a/i83 ,. @-a0iI4-5i+ial >,5i30) a 7a+/ <a; >3 533<35 30/a>li0135 i7 i/ i0 0-::,./35 >; 0->0/an/ial 38i53n+3 ,. /1a/ a<,-n/ ,7 .3l38an/ 38i53n+3 61i+1 a .3a0,na>l3 <in5 <i=1/ a++3:/ a0 a53@-a/3 /, 4-0/i7; a +,n+l-0i,n(?

12 32 42