Rule 130
Rule 130
Rule 130
ADMISSIBILITY OF EVIDENCE
I. INTRODUCTION:
b). The occupy the highest level because nothing is more certain
than the evidence of our sense. “Physical evidence is a mute but
eloquent manifestation of truth and rates highly in the hierarchy
of trustworthy evidence”
OBJECTS AS EVIDENCE
a). Proof of Identity: Through the testimony of a witness as to
objects which are readily identifiable by sight provided there
is a basis for the identification by the witness which may either
be:
(i) the markings placed by the witness upon the object, such as
his initials, his pictures in the digital camera, or
4. Examples:
a) The case of the old man accused of rape who had to show his
private parts to prove he is incapable of committing the crime
a). PP. vs. Taguba ( 342 SCRA 199): In cases involving illegal
possession of firearms the prosecution has the burden of proving
(a) the existence of the subject firearm and (b) the fact that
the accused does not have the corresponding permit to possess. As
to the first requisite, the existence can best be established by
the presentation of the firearm … (but) there is no requirement
that the actual FA itself must be presented in court… Its
existence can be established by testimony… thus the non
presentation is not fatal to the prosecution of an illegal
possession case.
b). PP. vs. Taan, (506 SCRA 219, Oct. 30, 2006) “The non-
presentation of the subject firearm is not fatal for the
prosecution as long as the existence of the firearm can be
established by testimony”
b). whether the proffered work has been subjected to peer review
7. Psychiatric examination
8. Finger Printing
c). Inclusion: the samples are similar and could have originated
from the same source. In such case the analyst proceeds to
determine the statistical significance of the similarity.
1. PP vs. VALLEJO ( May 2002) and PP vs. YATAR ( 428 SCRA 504),
adopting the Dauber Test settled the admissibility of DNA tests
as object evidence this wise:
a). How the samples ( both evidence and reference) were collected
a). “The kernel of the right is not against all compulsion but
against testimonial compulsion. The right against self-
incrimination is simply against the legal processes of extracting
from the lips of the accused an admission of guilt. It does not
apply where the evidence sought to be excluded is not an
incrimination but as part of object evidence. As for instance:
hair samples taken from an accused. Hence a person may be
compelled to submit to finger printing, photographing, paraffin,
blood and DNA as there is no compulsion involved (PP. vs. Yatar):
C. Where Used:
DOCUMENTARY EVIDENCE
B. “Or Any other material” refers to any other solid surface but
not paper such as blackboard, walls, shirts, tables, floor.
C. Electronic Evidence pursuant to the Rules of Electronic
Evidence effective August 01, 2001. which provides :
D. Text messages are electronic evidence being ephemeral electric
communications. They maybe proven by the testimony of a person
who was a party to the same or who has personal knowledge thereof
such as the recipient of the messages ( Nunez vs. Cruz Apao 455
SCRA 288)
B. When the rule does not apply even if an existing and available
original document is involved:
a). when the question refers to the external facts about the
document such as whether it exists or not, whether it was
executed, sent, delivered or received
2. when there was failure to deny specifically under oath the due
execution and genuiness of the document ( Consolidated Bank vs.
Del Monte Motors, July 29, 2005)
IV. Illustrations
II. First Exception: “When the original has been lost, destroyed,
or cannot be produced in court without bad faith on the part of
the offeror.
1. “ Lost/destroyed”: the original is no longer in existence
(i). Proof of the existence and the due execution of the original
through the testimonies of the persons who executed the document;
the instrumental witnesses; by an eyewitness thereof; who saw it
after its execution and recognized the signatures therein; by the
person before whom it was acknowledged, or to whom its existence
was narrated
If the original consists of several copies, all must be accounted
for and proven to be lost.
C. How the general result is introduced: (a) by the testimony of
an expert who examined the whole account or records (b) by the
introduction of authenticated abstracts, summaries or schedules
D. Illustrations:
Thus in case of libel and the issue is who be the author of the
libel as published? Then the original is the letter sent to the
media. But if the question is whether the letter is libelous,
then the original is the letter.
If X Xeroxed a letter by Ana to Juan and X changed the contents
by inserting libelous matters against Juan, then the original
would be the Xeroxed letter.
2. Entries in receipts for the sales for the day which at night
are recorded in a ledger and which in turn are recorded in the
sales for the week and then entered in the ledger for the sales
of the month.
a). Void contracts do not create any right and produces no legal
effects
2. Those which constitute “Conditions Precedent” if the written
contract specifically stated that it shall be complete and
effective upon the performance of certain conditions.
3. Those which are the moving and inducing cause, or that they
form part of the consideration and the contract was executed on
the faith of such oral agreement in that : (i) the party would
not have executed the contract were it not for the oral agreement
and ii) they do not vary or contradict the written agreement.
c). An agreement that the vendor shall harvest the standing crops
over the land sold
e) That the party was to pay off the indebtedness of the other;
or to give or deliver a thing to a third person.
b). Examples: (i) the donee is described as “My uncle Tom” but
the donor has several uncles named Tom (ii) the thing sold is “my
house and lot in Baguio City” but the vendor has three houses and
lots in Baguio City (iii) the money shall be for the tuition fee
of my son “who is enrolled in SLU” but it is the daughter who
is enrolled in SLU while the son is enrolled in UB (iv) the
subject of the sale is the vendor’s “ two storey house in
Bakakeng” but what he has in Bakakeng is a grocery store and it
is his house in Aurora Hill which is two stories.
a). Examples: (i). the use of the word “dollar” (ii) the use of
the term sugar (iii) where in a deed of mortgage it was uncertain
which amount of loan was being secured
b). Examples: (i) both were in error as to the property sold and
described in the deed of sale i.e. another property as the one
involved and not that described in the document (ii). two persons
were supposed to be witness but were named instead as parties
(iii) the writing was incomplete when it mentioned only some but
not all the terms agreed upon.
TO BE SKIPPED)
TESTIMONIAL EVIDENCE
b). This must exist at the time of the occurrence of the event to
which the witness is testifying even if it is lost at the time of
testifying.
C. COMPETENCY of a witness
1. Distinguished from credibility: Competency is the legal
fitness or legal capacity of a person to testify as a witness.
Competency involves a determination of whether the person offered
as a witness has all the qualifications prescribed by law and is
not among those disqualified by law or by the rules of evidence.
( Note: One who is not qualified is loosely termed as
“incompetent” which is not the accurate term)
A. Who Are Disqualified: General Rule: Only those expressly
covered under the enumerations by law maybe disqualified from
testifying
C. Kinds of Disqualification
or immaturity.
II. Mental Incapacity: those whose mental condition at the time
of their production for examination, is such that they are
incapable of intelligently making known their perception to
others.
b). However, the party presenting the witness must prove sanity
in these two instances: (i) if the witness has been recently
declared as of unsound mind by the court or by a competent
physician (ii. is an inmate in an asylum or mental institution.
E. The consent of the party spouse has not been obtained nor has
he waived the rule in any other way.
C. When the reason for the law has ceased. Where the marital and
domestic relations are so strained that there is no more harmony
to be preserved, nor peace and tranquility which maybe disturbed,
the reasons based on such harmony and tranquility no longer
apply. In such cases, the identity of interest disappears and the
consequent danger of perjury based on identity of interest
disappears. (The law ceases when the reason for the law ceases)
A. The disqualification is merely relative as it is based on what
the witness is to testify on.
II. APPLICABILITY
3. To mere witnesses
Disqualification by reason of
privileged communications.
OF PRIVILEGED COMMUNICATIONS
III. REQUISITES:
1. The witness is a lawfully married person, or is a party to
voidable marriage or one which enjoys the presumption of
validity.
2. The case is not between the witness and the latter’s spouse
1. Those which are in the form oral expressions made directly and
personally, or through some mechanical device such as through
the phone; or written as in conventional letters or through the
use of secret codes or through the internet or text messages.
2. The sending of packages, or things of items symbolic of a
meaning or intended to send a message, such as sending of b-day
greeting cards, or of flowers.
V. MISCELLANEOUS
c) As to the duration
d) As to who can claim the protection of the rule
II. REASON: The rule is grounded on public policy and the proper
administration of justice. It is to encourage clients to make a
full disclosure of all facts relative to a problem for which he
sought the professional services of a lawyer, without fear or
reservation that these facts will later be revealed especially if
the nature of the facts are such that they might adversely affect
his rights, property or reputation. This is to inspire confidence
and thus it is also to enable the lawyer to give the appropriate
advice or to undertake such action that will best serve the
interest of the client.
III. REQUIREMENTS
b). it does not matter that no fee was paid, or that the lawyer
later refused to represent the client or that he withdrew from
the action.
c). however the rule does not cover situations where the lawyer
was consulted merely as a notary
B. There must be a communication by the client to the lawyer or
advice given thereon by the lawyer.
d). The advice given by the lawyer to the client orally or though
any mode of written communication.
A lawyer may not therefore testify that his client, charged with
theft of silver coins, paid him with silver coins.
3. PHYSICIAN-PATIENT
III. REQUIREMENT
1. The communication was made while the witness was acting in his
professional capacity i.e he was attending to a person as a
patient and to whom the physician-witness rendered curative,
palliative or preventive treatment.
b). all facts learned by the physician from his own interviews,
observations, diagnosis, examinations or operation conducted upon
the patient.
A. Criminal cases
4. PRIEST/MINISTER- PENITENT
III. REQUIREMENTS:
III. Observations:
5. PUBLIC OFFICER.
II. PURPOSES:
III.REQUIREMENTS
B. Informant’s covered ( informers are also called coordinating
individuals (or CIs), citizens, or assets; in American police
parlance they are called nose, snitch, or stool pigeons)
1. Per the American case of Roviero vs. U.S (353 U.S. 53) in 1957
which ruled thus:” when it appears from the evidence that the
informer is also a material witness, is present with the accused
at the occurrence of the alleged crime, and might also be a
material witness as to whether the accused knowingly and
intentionally delivered drugs as charged, his identity is
relevant and maybe helpful to the defendant”, it may said that
disclosure is proper in the following situations:
3. Minors who are victims of crimes under the Child Abuse Law
f). When the amount exceeds the limit set under the Anti Money
Laundering Law
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1. EXECUTIVE PRIVILEGE.
A. This is of American Origin but was adopted by the Supreme
Court when it decided the case of Senate of the Philippines vs.
Eduardo Ermita ( April 20, 2006)
TESTIMONIAL PRIVILEGE
A.. The privilege maybe claimed only by the witness in any case
whether civil or criminal but it may be waived as when he
volunteers to be a witness. B. However, by way of an exception,
Article 215of the Family Code provides that a descendant may be
compelled to testify against his parents and grandparents, if
such testimony is indispensable In prosecuting a crime against
the descendant or by one parent against the other.
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ADMISSIONS
II. Kinds
C. As who made the admission: (i) By the party to the case either
as the offended party or accused; or as the plaintiff or
defendant (ii) Third person due to the principle of Vicarious
Admissions or Adoptive Admissions.
OFFER OF COMPROMISE
II. RULE IN CIVIL CASES per Section 27. “An offer of compromise
is not an admission of liability or that anything is due and is
not admissible in evidence”.
Examples:
Examples:
A. Offers contemplated: are those which are made out of
consciousness of guilt, where the accused acknowledges doing the
act or incurring the omission and desires to escape punishment by
offering to buy off the complainant. Those made to avoid
embarrassment, or inconveniences, or to buy peace of mind, are
not implied admissions of guilt.
3. Under the “Good Samaritan law” an offer to pay for the medical
and hospital bills and similar expenses occasioned by an injury.
This is to encourage people to help those who need immediate
medical attention and because of the possibility that the offer
to help arose from humanitarian concerns and not from guilty
conscience.
b). The act or declaration must refer to a matter within the
scope of the authority of the partners, or that it relates to the
partnership. Such as:
3. Requirements:
a). The existence of the conspiracy among the accused must first
be established.
c). The act or declaration was made while the declarant was
engaged in carrying out the conspiracy in that the conspiracy
must still be in existence, and not when the conspiracy has
ceased. A conspiracy ceases: (i) when the crime agreed upon has
already been committed (ii) the accused were apprehended (iii) as
to one who left the conspiracy and did not participate in its
execution (iv) when the plan was abandoned.
Example: Estrada vs. Arroyo 356 SCRA 108; 353 SCRA 452: In said
case Estrada’s lack of objection or comment to the statements,
proposals by Sen. Angara concerning Erap’s leaving Malacanang,
( as narrated in the so called Angara Diaries serialized in the
Phil Inquirer) such as the negotiations with the Arroyo camp, the
points/conditions of his leaving the palace, were considered as
evidence admissible against Erap to prove he acquiesced to his
removal and that he voluntarily relinquished the presidency. The
court further expounded on admission by adoption as being:
a). The party must be at the place where the statement or act was
made and must be within hearing distance or proximate to where
the act was done, such that, in the event the party claims
otherwise, it may reasonably be said that the party must have
heard the statement, or that he saw the act.
b). Hence if the party was intoxicated, or in a state of shock,
or a deaf mute, or if the statement is muted by noise, or
inaudible, or in a language not understood, or when the party was
distracted, or his view was obstructed, then the rule will not
apply.
CONFESSIONS
B. Evidentiary value:
a). Corpus delicti, or the fact that a crime was committed, has
two elements: (i) an injury or harm which was suffered by a
person and (ii) the cause or origin thereof must be criminal in
nature
3. As to oral extra-judicial confessions, they afford no
conclusive proof of that which they state but merely present a
prima facie case. It may still be proved they were uttered/made
in ignorance, or levity or mistake.
e). The rule applies whether or not a formal charge has already
been filed in court, or a crime is still being investigated and
the person is merely a suspect.
2. The accused gave the confession of his own free will, with
full understanding and knowledge of its consequences and that he
was not coerced, pressured, forced, intimidated or improperly
influenced, or subjected to third degree.
3. But the rule is different when the suspect has already been
indicted or arraigned.
ii). However, Massiah does not apply when a cellmate, who agreed
to be an informer, merely listened to the suspect and did not
initiate any conversation purposely to lead the suspect to
“talk”.
V. PRESENTATION OF CONFESSION.
1. Through the officer who took the confession who shall identify
the confession, the signature of the accused therein and his
counsel if with the assistance of counsel, and who shall testify
as to the giving of the constitutional warnings, and that the
giving of the confession as voluntary.
I. This is the second part of the Res Inter Alios Acta Rule . The
REASONS for the rule are as follows:
2. Past acts are irrelevant as they merely confuse the issue and
violate the right of a person to be informed of what he is being
charged of or made liable for.
II. EXCEPTIONS
2. Thus wife battery requires a cycle and previous acts have to
be proven.
6. The custom of the operator of vans for hire to test the brakes
before renting the van is admissible to show the brakes were in
facts tested and the van involve in the accident was not
suffering from any mechanical defect.
9. However, under the Rape Shield Law, the fact that the victim
has had previous sexual encounters is not admissible in a present
charge for rape.
UNACCEPTED OFFER
1. This may be availed as a defense where defendant is alleged to
have failed to tender payment or delivery. It may also be a basis
for the remedy of consignation.
I. INTRODUCTION
1. The essence and test of what is hearsay is the fact that the
source i.e. the person who made the statement, can not be
subjected to the opportunity for cross-examination. These two
concepts can not be separated from one another.
a). Statements the making of which are the very fact in issue.
b). He is bias
d). Sex of a Person: words such as Manong, ate, kuya, Sexy, Pogi
C. Illustrations:
B. BASIS. These statements are essentially hearsay because the
makers or authors of these statements are not presented in court
and are not subjected to the opportunity for cross examination.
They are however are admissible because of two reasons: (1). The
guarantee of trustworthiness or that they are presumed more
likely to be true than not and (2. Necessity in that the court
has no option but to accept them due to circumstances which
exempt the authors from being personally presented in court as
witnesses.
1. The declarant is aware that his death is imminent or that his
death is certain to follow by reason of his wound. He knows, is
aware and accepts that he may die at any moment.
1. The declaration must relate to the why, who, how, where and
what, about his own mortal wound. If it concerns the wound of
another, it might be admissible under the Res Gestae Rule, or if
the declaration is something contrary to the
declarant’s interest, it might be admissible as a declaration
against interest.
2. The civil cases include action for damages arising from the
death of the declarant, or claims for insurance.
2. Thus if the declarant was at that time too drunk, under the
influence of drug, mentally insane, or an infant, his statements
would not qualify as a dying declaration.
C. Moral:
PEDIGREE
I. CONCEPT: It covers all matters or information relating to a
person’s:
3) By DNA examinations.
B. However if the foregoing are not available, proof consists of
the presentation of a witness who testifies to:
2. The declarant is dead or unable to testify. If he is available
to testify then the testimony of the witness quoting the
declarant is inadmissible.
4. The declaration must have been ante litem motam ( before the
controversy arose) in order to ensure the declaration was not the
result of bias or improper motive.
C. Examples
B. Examples:
A. Entries may include the names, and date and place of births,
marriages, death, and other relevant data, about a relative, as
well other important family occasions.
1. Matters of public interests more than 30 years old or those
affecting the people as a whole and matters of general interest
or those affecting the inhabitants of a town, province, or
barangay. (Localized matters)
a). They must affect the community as a whole and not just
certain groups
a). The reputation need not be from family members. Thus H and W
are known as husband and wife and are addressed or that the
community regard W as the wife of H and vice versa
II. CONCEPT.
2. These surrounding circumstances may consist of statements,
utterances, exclamations or declarations either by the
participants to the events, or by the victims, or by mere
spectators. These persons may not be known or are unavailable for
cross-examination and what they declared, uttered or stated, or
exclaimed are repeated by the witnesses who heard them.
III. CLASSIFICATION.
.
1. The time which elapsed between the occurrence and the making
of the statement. The declaration should not have been made after
a period of time where it is possible for a person to reflect,
analyze, and reason out. There is no yardstick to measure the
time which elapsed although the time must not of such length so
that the declarant can be said to be still under nervous
excitement.
2. The place where the statement was made in that whether it was
within the immediate vicinity or situs of the event or some
distance away.
Examples:
2. Example: The victim said: “ Pedro shot me. He also shot Juan”.
The first is a dying declaration if the victim dies, otherwise as
part of the res gestae. The second is admissible as part of the
res gestae in a case involving Pedro for shooting Juan.
D. Illustrations
B. REQUIREMENTS:
b). The act may be a continuing act or that which takes place
within a span of time such as the regular deposit of money in the
account of another for a year
c). There are however certain acts which the law considers as
self-explanatory (res ipsa loquitor) such as criminal acts of
lasciviousness, injuring or killing another.
2. The oral statement must explain the act. Thus the act of
handing over money to another was accompanied by the statements:
“here is payment of my debt”, “go buy yourself lunch”. The man
chopping a tree exclaimed; “This land is mine”, indicating an
assertion of ownership.
III. REQUIREMENTS
IV. EXAMPLES:
I.
II. TN> nuut
a). The sense of official duty which led to the making of the
statement
d). In the publicity of the record, which makes more likely the
prior exposure of errors and their consequent correction
b). The nature of his work requires the keeping of records i.e
the records are convenient and very appropriate modes of
discharging the officer’s duty.
Police Blotter
Examples:
Census Reports
9. Calendars
III. Examples:
1. Textbooks in history such as Gibbons The Rise and Fall of the
Roman Empire, books on Philippine History by Agoncillo and
Constantino
I. Concept: A witness is sought to be presented in a present case
but he is dead, unable to testify such that in lieu of his
personal testimony, what is presented is his testimony in a prior
proceeding.
II. Requirements
OPINION EVIDENCE
4. Valuation of properties
EXPERT OPINION
Sec. 49. Opinion of an expert- The opinion of a witness on a
matter requiring special knowledge, skill, experience or
training, which he is shown to possess, maybe received in
evidence.
1. The use of an expert is becoming more frequent in order to
explain how and why things happened the way they did or didn’t
happen the way they were supposed to, as in the following cases:
(iii). Fingerprints
(iv). Ballistics
(x) Forensics
B. The witness is shown to be an expert. It must be shown that
the witness possesses certain skills or knowledge and is
therefore in a position to assist the court based on these skills
or knowledge
2. Show the specific professional background. Questions asked are
directed to bring out answers to the specific facts or skills
such as (a) special trainings undergone (b) publications authored
(c) membership in professional associations (d) as lecturer or
speaker or resource person (e) how often he was called as a
witness and (f) particular work experience which bear directly on
the situation about which he is testifying
B. Manner of Questioning
Example: The medico legal officer who conducted the autopsy will
first be asked to state his findings as to the nature, number,
location, description, depth, trajectory, etc, of the wounds of
the victim after which he is asked to state his opinion as to the
cause, weapon used, position of the victim and assailant, cause
of the death, etc..
.
6. Professional associations:
A. Qualifications:
Teaching positions
Other honors
B. Experience
Description of practice
Number of patients
C. Examination of Patient
3. Examination conducted
a). complaint (symptoms)
F. Subsequent examinations
H. Opinion on causation
LAY OPINION
1. By the police Methods of Identification of suspects
e). The length of time between the time of the occurrence and the
time of the identification
a) By the fact that he has seen writing purporting to be that of
the other person upon which he has acted or been charged.
Example: persons in receipt of demand letters, notices, purchase
orders, letters of inquiry, directive, memorandum, letters of
authority
Criteria to determine forgery or falsification: per Ladignon vs.
CA ( 390 Phil. 1161 as reiterate din Rivera vs. Turiano ( March
7, 2007)
2. But a witness may not give his opinion on the motive,
reason or purpose why a person did or did not do an act unless
these were communicated to the witness, such as jealousy or
revenge, or financial reward.
CHARACTER EVIDENCE
IV. Coverage of the Rule. Where the rule allows the introduction
of character evidence, it is understood to be limited to MORAL
CHARACTER, the possession by a person of the qualities of mind
and morals distinguishing him from others. This is limited to:
2. The Moral Character of the Victim may be proved “ if it tends
to establish in any reasonable degree the probability or
improbability of the offense charged”
b). The accused may prove the bad moral character of the victim
in the following cases
(iii) In murder an in other heinous crimes, evidence of the bad
moral character of the victim is irrelevant
e). Action for damages for breach of promise to marry where the
bad character of plaintiff maybe used as a defense
1. The witness enjoys the presumption of good moral character
hence it is not necessary to introduce evidence thereof