I INTRODUCTION:

 PRAYER
 CHECKING OF ATTENDANCE

II DEVELOPMENTAL ACTIVITIES

 ASK QUESTIONS AS FORM PART OF THE CLASSROOM PARTICIPATION

III PRESENTATION OF THE LESSON PROPER

Introduce and discuss the following specific areas

GENERAL PROVISIONS: REVISED RULES ON EVIDENCE

1. RULE 128 – EVIDENCE DEFINED

 Scope
 Admissibility of evidence
 Relevancy; collateral matters
2. RULE 129 – WHAT NEED NOT BE PROVE
 Judicial notice, when mandatory
 Judicial notice, when discretionary
 Judicial admissions
3. RULE 130 – RULES OF ADMISSIBILITY
 Object (real) evidence
 Documentary evidence
 Best evidence rule
 Secondary evidence
 Parol evidence rule
 Testimonial evidence
 Exception to the hearsay rule
 Opinion rule
 Character evidence
4. RULE 131- BURDEN OF PROOF AND PRESUMPTIONS
 Burden of proof
 Conclusive presumptions
 Disputable presumptions

RULE 132 - PRESENTATION OF EVIDENCE

 Examination of witnesses
 Rights and obligations of witnesses

RULE 133 – WEIGHT AND SUFFICIENCY OF EVIDENCE

 Preponderance of evidence
 Proof beyond reasonable doubt
 Extrajudicial confession
 ;Circumstantial evidence
 Substantial evidence

DISCUSS THE EQUIPOISE DOCTRINE:

SECTION1. EVIDENCE DEFINED- is the means, sanctioned by the Rules of Court, of ascertaining
in a judicial proceeding the truth respecting a matter of fact.

Q. WHEN EVIDENCE IS REQUIRED?

A. Evidence is required in two (2) ways, such as:
1. When the court has to resolve a question of FACT; and
2. When the doctrine of processual presumption is invoked. Thus, when invoking a
foreign law, evidence of such law must be presented. Otherwise, the court will presume that
the foreign law is the same as the Philippine law.

Q. WHAT COMES FIRST, PROOF OR EVIDENCE?

A. Evidence comes first. WHY? Because Proof, is the result of evidence. No evidence no proof.
Q. WHAT IS THE DISTINCTION BETWEEN PROOF AND EVIDENCE?
A. There is proof only because of evidence. Evidence is the medium or means by which a fact is
proved or disapproved.

Q. IS EVIDENCE A PROOF?
A. No, evidence is not a proof. Evidence is only a manner to ascertain the truth.
Q. IF YOU HAVE EVIDENCE, WHERE CAN YOU PROVE THAT EVIDENCE?
A. The evidence must be proved in a judicial proceeding or a court of justice.
Q. WHAT WILL YOU PROVE?
A. Evidence is required to prove the TRUTH respecting a matter of fact.
Q. WHY DO YOU NEED TO PROVE A FACT?
A. We need to prove a fact to ascertain the guilt or innocence of a person charged with the
commission of an offense.
RATIONALE: DUE PROCESS (PROCEDURAL)

Q. SINCE EVIDENCE IS REQUIRED TO ASCERTAIN THE TRUTH, WHAT TYPE OF TRUTH THAT
SUCH EVIDENCE PROVE IN A JUDICIAL PROCEEDING, ACTUAL TRUTH OR LEGAL TRUTH?
A. It is only the legal truth NOT the actual truth. This is so, because of the presumption that the
Court is not aware of the veracity of the facts involved in a case. It is therefore incumbent upon
the parties to prove a fact in issue through the presentation of admissible evidence. (Riano,2006
ed., p.3)
PLS. GIVE CONCRETE EXAMPLE WHY LEGAL TRUTH AND NOT ACTUAL TRUTH:

NOTE: The introduction of evidence is required only if there is an allegation for the
commission of an offense. If one alleges that a crime is committed, and the accused denies
the allegation, evidence as to that fact is required.

Q. WHAT ARE THE FOUR (4) COMPONENTS OF EVIDENCE?

A. The four (4) components of evidence are:
1. EVIDENCE AS A MEANS OF ASCERTAINMENT- includes not only the procedure or
manner of ascertainment but also the evidentiary fact from which the truth respecting a matter
of fact may be ascertained.
2. SACTIONED BY THESE RULES- not excluded by the Rules of Court.
3. IN A JUDICIAL PROCEEDING- contemplates an action filed in a court of law.
4. THE TRUTH RESPECTING A MATTER OF FACT- refers to an issue of fact and is both
substantive (determines the facts to be established for an alleged violation of a right) and
procedural (manner of proving said facts).

Q. ARE THERE INSTANCES THAT EVIDENCE IS NOT REQUIRED?

A. YES. Evidence is not required under the following circumstances:
 1. Where no factual issue exists in a case;
2. Where the case presents a question of law; such question is resolved by the mere
application of the relevant statutes where no evidence is required. (interpretation)
3. When the pleadings in a civil case fails to tender an issue. (judgment on the pleadings)
4. Evidence may be dispensed with by the agreement of the parties; or
5. Evidence is not also required on matters of judicial notice and on matters judicially
admitted.

Q. COULD THERE ALSO BE AN INSTANCE WHEREIN NO EVIDENCE IS PRESENTED BUT THE

ACCUSED IS CONVICTED?
A. YES. A person accused of committing a crime may be convicted even no evidence is
presented. When the accused pleaded guilty to the crime charged, evidence to prove the fact in
issue is no longer required. i.e Judicial admission.

NOTE: Every evidential question involves the relationship between the FACTUM
PROBANDUM and the FACTUM PROBANS.

Q. WHAT IS FACTUM PROBANDUM? vis-à-vis FACTUM PROBANS?

A. Factum probandum are the ELEMENTS of the crime; the facts or issues to be resolved in a
particular case. On the other hand, Factum probans are the EVIDENTARY facts by which the
factum probandum is established.

FACTUM PROBANDUM FACTUM PROBANS

Ultimate Facts Intermediate Facts
The fact or proposition to be established m/h The fact evidencing the proposition wqc/wo/q
Hypothetical/imaginary Existent
Q. DO WE HAVE A VESTED RIGHT IN THE RULES ON EVIDENCE?
A. GENERAL RULE: No vested rights in the Rules on Evidence. Admissibility or inadmissibility of
evidence is determined in accordance with the law in force at the time the evidence is
presented. It is the law (substantive) that provides a vested right and not the rules on evidence
(procedural).
EXCEPTION: In criminal cases, if the alteration of the rules of evidence would, for instance,
permit the reception of a lesser quantum of evidence than what the law required at the time of
the commission of the offense in order to convict.
Q. DOES THE RULES ON EVIDENCE SELF-EXECUTING?
A. Rules on Evidence are NOT self-executing. Confessions made without the benefit of counsel
are still admissible in evidence if appellant failed to make timely objections before the trial
court. (People v Samus, 2002)
Q. HOW THE RULES ON EVIDENCE CONSTRUED?
A. The Rules of Evidence is liberally construed. Rules of procedure are mere tools intended to
facilitate rather than to frustrate the end of justice. (Quiambao v CA, 2005)

Q. MAY THE RULE ON EVIDENCE BE WAIVED?

A. GENERAL RULE: Yes, the applicability of the rules of evidence is deemed waived upon failure
to seasonably raise the objection.
EXCEPTION: If the rule waived by the parties has been established by law on grounds of public
policy, the waiver is void. Accordingly, the waiver of the privileged against disclosure of secrets
is void. ( Francisco Ricardo J., 1996, p 9)

Q. WHAT ARE THE CLASSIFICATIONS OF EVIDENCE?

A. AS TO ITS ABILITY TO ESTABLISH THE FACT IN DISPUTE:
 1. DIRECT EVIDENCE- evidence which proves the fact in dispute without the aid of any
inference or presumption.
2. CIRCUMSTANTIAL EVIDENCE- evidence taken either singly or collectively, the
existence of the particular fact in dispute may be inferred as probable consequence.

B. DEPENDING ON THE DEGREE OF VALUE:

1. PRIMA FACIE EVIDENCE- that which, standing alone unexplained or uncontradicted, is
sufficient to maintain the proposition affirmed/ if no evidence to the contrary appears.
2. CONCLUSIVE EVIDENCE- evidence which is incontrovertible or one where the law
does not allow to be contradicted.
EXAMPLE: DNA TESTING RESULTS
99% BELOW- corroborative evidence, additional evidence of a different kind and
character from that already given, tending to prove the same point. ex. (DNA)
99% ABOVE- disputable presumption, evidence to the contrary is required
RESULT THAT EXCLUDES THE PUTATIVE FATHER- conclusive, no evidence is required to
rebut the findings.
3. COMMULATIVE EVIDENCE- additional evidence of the same kind and character
proving the same fact. Ex. (Testimonial evidence)

C. DEPENDING ON ITS WEIGHT AND ACCEPTABILITY

1. PRIMARY OR BEST EVIDENCE- evidence which affords the greatest certainty of the
fact in question. (Ex. Original)
2. SECONDARY EVIDENCE- evidence which is inferior to primary evidence; admissible
only in the absence of the latter. (Ex. Xerox)

D. DEPENDING ON ITS NATURE

1. OBJECT EVIDENCE- evidence directly addressed to the senses of the court and is
capable of being exhibited to, examined or viewed by the court. ( real, physical evidence)
2. DOCUMENTARY EVIDENCE- supplied by written instrument, symbols and letters.
3. TESTIMONIAL EVIDENCE- verbal or oral evidence. Narration by one who has observed
or has perso;nal knowledge of that what he is testifying.

 Positive Evidence- when the witness affirms that the fact did or did not occur based
on his personal knowledge.
 Negative Evidence- when a witness states that he did not see or know the
occurrence of a fact and there is a total disclaimer of personal knowledge.

E. DEPENDING ON ITS QUALITY; EVIDENCE MAY BE:

1. ADMISSIBLE EVIDENCE- one that is relevant and competent
* Relevant evidence- evidence having value in reason as tending to prove any
matter provable in an action
* Competent evidence- evidence is competent when it is not excluded by law in
a particular case
NOTE: To be admissible, the evidence must be relevant and competent

2. CREDIBLE EVIDENCE- evidence is credible if it is worthy of belief

Q. CAN WE APPLY THE RULES ON EVIDENCE IN ALL TYPES OF PROCEEDINGS?

A. GENERAL RULE: The rules of evidence are applicable to both criminal and civil cases.
EXCEPTIONS: ELCANIOther cases as may be provided by law. Impeachment cases (sui generis)

Q. WHAT ARE THE TYPES OF THE ADMISSIBILITY OF EVIDENCE?

A. 1. Multiple Admissibility- where the evidence is relevant and competent for two or
more purposes, such evidence may be admitted for any purposes for which it is offered
provided requirements of law for its admissibility are present.

2. Conditional Admissibility- at the time of its offer appears to be immaterial or

irrelevant, such evidence may be received on the condition that other facts will be prove
thereafter, otherwise the evidence given will be stricken out.

3. Curative Admissibility of Evidence- improper evidence was admitted over the

objection of the opposing party, he should be permitted to contradict it with similar improper
evidence. (Fighting fire with fire)

RULES OF EXCLUSION Vs. EXCLUSIONARY RULES DISTINGUISHED:

1. Rules of Exclusion- governed by the rules of evidence ( competency, relevancy )

2. Exclusionary Rules- evidence excluded by the Constitution ( bill of rights )
- Right against unreasonable search and seizure (sec.2)
- Right to privacy and communication (sec.3)
- Right of a person under investigation (sec.12)
- Right against self-incrimination (sec.17)

Q. WHAT IS THE DOCTRINE OF THE FRUIT OF THE POISONOUS TREE?

A. This doctrine posits that all evidence (the fruit) derived from an illegal search (the tree) must
be suppressed.

Q. RULE 129- WHAT NEED NOT BE PROVED?

A. Matters that need not be prove are the following:
1. Immaterial allegations
2. Facts admitted
3. Agreed and admitted facts
4. Facts subject to judicial notice
5. Facts legally presumed

JUDICIAL NOTICE- is the cognizance of certain facts which judges may properly take and act
without proof.

Q. WHEN JUDICIAL NOTICE IS MANDATORY?

A. Judicial notice is mandatory on the following cases:
1. Existence of territorial extent of states
2. Political history, forms of government
3. The law of nations
4. The official acts of the legislative, executive and judiciary
5. Laws of nature and measure of time
Q. WHAT IS THE ESSENCE WHY MANDATORY JUDICIAL NOTICE IS REQUIRED UNDER THE
RULES OF EVIDENCE?
A. When a certain fact is within the gamut of the court’s mandatory judicial notice, evidence to
prove the fact in issue is no longer required.

Q. WHEN JUDICIAL NOTICE IS DISCRETIONARY?

A. Judicial notice is discretionary on the following cases:
1. Matters of public knowledge
2. Matters capable of unquestionable demonstration
3. Matters ought to known by judges because of their judicial functions.
Q. IF MANDATORY JUDICIAL NOTICE DOES NOT REQUIRE EVIDENCE, IS THERE A NEED TO
PRESENT EVIDENCE IF JUDICIAL NOTICE IS DISCRETIONARY?
A. YES. Evidence to prove the fact in issue is required in discretionary judicial notice.

Q. WHAT DO YOU UNDERSTAND BY THE PHRASE JUDICIAL ADMISSION?

A. Judicial admission is an admission, verbal or written, made by a party in the course of the
proceedings.
Q. HOW JUDICIAL ADMISSIONS MADE?
A. Judicial admissions may be made in:
1. The pleadings
2. Written or verbal manifestations
3. Admissions through depositions or written interrogatories
Q. WHAT IS THE EFFECT OF JUDICIAL ADMISSION?
A. No evidence is required in case judicial admission is made.
Q. DOES JUDICIAL NOTICE THE SAME WITH JUDICIAL KNOWLEDGE?
A. judicial notice is not equivalent to judicial knowledge. A fact may be of judicial notice and not
of a judge’s personal knowledge and vice versa.

Q. PEDRO, DURING ARRAIGNMENT ADMITS THAT HE RAPED MARIA SEVERAL TIMES. IS THERE
A NEED TO PRESENT EVIDENCE THAT INDEED PEDRO RAPED MARIA DESPITE THE FACT THAT
PEDRO MADE A VERBAL JUDICIAL ADMISSION?
A. As a general rule, no evidence is required to prove a fact when judicial admission is made.
EXCEPT:
1. When judicial admission was made through palpable mistake
2. That no such admission was made

Q. COULD THERE BE A REMEDY AVAILABLE TO PEDRO IF IN CASE, HIS JUDICIAL ADMISSION

WAS PUT INTO RECORDS? IF SO, HOW?
A. YES, there are two remedies that a judicial admissio0n may be stricken of the records.
1. in case of a written judicial admission- motion to withdraw the pleading.
2. in case of an oral judicial admission- counsel in open court may move for the
exclusion of such admission

Q. WHAT ARE THE REQUISITES REQUIRED FOR THE ADMISSIBILITY OF OBJECT EVIDENCE?
A. When object evidence is introduced, the party introducing such evidence must comply to the
following requirements:
1. The object must be relevant to the fact in issue
2. The object must be authenticated
3. The object must not be hearsay
4. It must not be privileged
5. It must not be the result of an illegal search

Q. WHEN DOES EVIDENCE BE ADMITTED?

A. Evidence is admissible if it is competent and relevant to the facts in issue. The evidence must
not also be excluded by the law or the rules.
HOWEVER: The admissibility of the evidence has nothing to do with its probative value. Its
admissibility will only form part of the records of the case.
Q. ONE OF THE REQUISITES FOR THE ADMISSIBILITY OF OBJECT EVIDENCE IS
AUTHENTICATION. WHAT IS AUTHENTICATION, WHAT IS THE PURPOSE AND HOW IT IS
MADE?
A. Authentication means that the object sought to be offered must be shown to have been the
very same thing in issue and it is what claimed to be. Authentication is made through
identification or placing initials on the same object evidence. The purpose of authentication is
prevent the introduction of an object different from the one testified and to ensure that there
has been no significant changes in the object’s condition.

Q. PEDRO WAS ACCUSED OF ILLEGAL DRUGS. THE ARRESTING POLICE, AS PART OF THEIR
MANDATE, SUBJECTED PEDRO TO UNDERGO DRUG TESTING. PEDRO FOUND TO BE POSITIVE
AND HE INVOKED HIS RIGHT AGAINST SELF-INCRIMINATION. WILL YOU SUSTAIN THE
OBJECTION OF PEDRO?
A. The objection of Pedro is overruled. The right against self-incrimination cannot be invoked
against object evidence because no testimonial compulsion is involve.

Q. WHAT IS THE RULE AS REGARDS CONFISCATED DRUGS?

A. The rule as regards confiscated drugs is the CHAIN OF CUSTODY. It means the duly recorded
authorized movements and custody of seized drugs or controlled chemicals of dangerous drugs
or laboratory equipment of each stage from the time of:
1. Seizure/confiscation
2. Receipt in the police laboratory
3. Safekeeping; and
4. Presentation in court for destruction
NOTE: The existence of the drug is the very corpus delicti of the crime of illegal possession of
dangerous drugs and, thus, a condition sine quanon for conviction.

Q. HOW TO ESTABLISH THE EXISTENCE OF THE DRUG UNDER THE CHAIN OF CUSTODY?
A. In order to establish the existence of the drug, its chain of custody must be sufficiently
established from the time of seizure, receipt in the police station, safekeeping and presentation
in court for destruction.
Q. WHY THE CHAIN OF CUSTODY REQUIREMENT IS ESSENTIAL?
A. The chain of custody requirement is essential to ensure that doubts regarding the identity of
the evidence is removed through the monitoring and tracking of the movements of the seized
drugs from the accused to the police, to the forensic chemist, and finally to the court. ( People v
Martinez,2010)

Q. WHAT IS MEANT BY THE BEST EVIDENCE RULE?

A. Best evidence rule is the same as the original document rule. No evidence shall be admissible
other than the original. The best evidence rule applies only to documentary evidence.

NOTE: If the subject of the inquiry is the contents of the document, it is DOCUMENTARY
EVIDENCE. If the subject of the inquiry is the existence of a document, it is OBJECT EVIDENCE.

GENERAL RULE: When the subject of inquiry is the contents of a document, it is documentary
evidence. Hence, no evidence is admissible other than the original document itself.
EXCEPTIONS:
1. When the original has been lost or destroyed and cannot be produced
2. When the original is in the custody of the adverse party
3. When the original consists of numerous/voluminous accounts
4. When the original is a public record

PAROLE EVIDENCE: evidence outside of a written contract, not admissible.

Q. WHAT IS TESTIMONIAL EVIDENCE?
A. Testimonial or oral evidence is evidence elicited from the mouth of a witness as
distinguished from real and documentary evidence. ( Black’s Law Dictionary 5th ed.,1323) the person
who gives the testimony is called the witness.

Q. CAN BE WHO A WITNESS AND THEIR QUALIFICATIONS?

A. GENERAL RULE: All persons who can perceive, and in perceiving, can make known of his/her
perceptions to others, may be a witness.
 Religious or political belief, interest of the outcome of the case, or conviction of a
crime shall not be aground for disqualification.
EXCEPTIONS:
1. Those disqualified under secs. 21-24 Rule 130
21- disqualification by reason of mental incapacity or immaturity
22- disqualification by reason of marriage, during their marriage, neither the
husband nor the wife may testify without the consent of the other, except in a civil
case by one against the other, or in a criminal case committed by one against the
other or the latter’s direct descendants or ascendants.
23- disqualification by reason of death or insanity of the adverse party, dead’s man
statute
24- disqualification by reason of privileged communication:
 Husband and wife, during or after the marriage cannot be examined without the
consent of the other as to any communication received in confidence, except in a
civil case or criminal case by one against the other or the latter’s ascendants or
descendants
 An attorney without the consent of his client
 Any person authorize to practice medicine
 A minister or priest without the consent making the confession
 A public officer during or after his term on communications made to him in official
confidence, when the court finds that public interest would suffer by the disclosure
2. Those who have been convicted of falsification, perjury or false testimony from
being witness to a will
3. A state witness who is convicted of a crime involving moral turpitude

Q. WHAT ARE THE DISTICTIONS BETWEEN SEC 22 AND SEC 24 (A) AS REGARDS
DISQUALIFICATION TO BE A WITNESS?
A.
Disqualification by reason of marriage Disqualification by reason of marital
Section 22(spousal immunity) privilege section 24 (a)
Can be invoked only if one of the spouses is a can be claimed whether or not the other
party to the action spouse is a party
Applies only if the marriage is existing at the Can be claimed even the after the marriage is
time of the testimony is offered dissolve
Constitutes a total prohibition against the Applies only to confidential communications
spouse of the witness bet. Husband and wife
The objection would be raised on the ground The married person is on the witness stand
of marriage but the objection of privilege is raise when
confidential marital communication is inquired
into

Q. WHAT IS THE REASON WHY THE HUSBAND OR THE WIFE IS PRECLUDED TO TESTIFY
DURING THEIR MARRIAGE WITHOUT THE CONSENT OF THE OTHER?
A. The purpose of the prohibition is to obviate perjury and to prevent domestic disunity and
unhappiness.

Q. PEDRO WAS ACCUSED OF KILLING MARIA. THE SOLE WITNESS OF THE KILLING WAS
ALYANA, THE SISTER OF MARIA. AFRAID TO BE PROSECUTED, PEDRO MARRIES ALYANA. IS
MARRYING THE WITNESS BE A GROUND TO INVOKE DISQUALIFICATION BASED ON
MARRIAGE?
A. An accused can effectively SEAL THE LIPS of a witness by marrying the witness. As long as a
valid marriage is in existence at the time of the trial, the witness spouse cannot be compelled to
testify even where the crime charged is against the witness person, and even though the
marriage was entered into for the express purpose of suppressing the testimony.

Q. WHAT IS THE DURATION OF THE PRIVILEGED?

A. The privilege lasts only DURING THE MARRIAGE. It is terminated upon annulment or death,
in which event, the surviving spouse may testify on any matter not leaned in confidence.

Q. MARIA AND PEDRO WERE MARREID. MARIA WITNESSED THAT PEDRO KILLED THEIR
NEIGHBOR DIEGO. MARIA WAS CALLED TO TESTIFY SANS OBJECTION FROM HER HUSBAND
PEDRO. MARIA NARRATED THAT HER HUSBAND KILLED DIEGO. WILL MARIA BE DISQUALIFIED
ON THE GROUND OF MARRIAGE?
A. As a rule, Maria is disqualified to testify. However, since no objection was interposed by the
spouse who has the right to invoke the prohibition. The benefit of the rule on spousal immunity
has been waived.
MORAL LESSON: If you have the right to invoke the prohibition, you OBJECT.

Q. WHAT IS THE PURPOSE OF THE SO CALLED DEAD’S MAN STATUTE?

A. The purpose of the dead’s man statute is to close the lips of the party plaintiff when death or
incompetence has permanently closed the lips of the party defendant in order to remove from
the claiming party the temptation to give false testimony and the possibility of fictitious claims
against the deceased.

Q. WHAT IS THE REASON WHY A PARTY WHO IS COMPETENT AND HAS PERSONAL KNOWLEGE
IS PRECLUDED TO TESTIFY UNDER THE DEAD MAN’S STAATUTE?
A. The reason why the survivor is precluded to testify under the dead man’s statute is that the
dead person has no chance to cross examine the person testifying. Also, the dead person can
no longer be asked whether the testimony of the survivor is true or not. Since the lips of the
dead person have been closed, it follows that the lips of the survivor will also be closed.

Q. IS THERE AN EXCEPTION TO THE DEAD’S MAN STATUTE?

A. Dead man’s statute cannot be invoked when there are other parties who witnessed the
transaction between the creditor and the debtor.

NOTE: The dead man’s statute can only be applied in civil cases.

SECTION 25 OF RULE 130 PROVIDES:

 No person shall be compelled to testify against his parents, direct ascendants, children
or other direct descendants.
RATIO: To preserve family cohesion

HOWEVER: Article 215 of the Family Code provides that “No descendant shall be compelled, in
a criminal case, to testify against his parents and grandparents, EXCEPT when such testimony is
indispensable in a crime against the descendant or by one against the other.

OBSERVATION: Rule 130 section 25 of the ROC does not provide for an exception, but in Article
215 of the Family Code, there is an exception.

ISSUE: Which should prevail, the ROC or the FC?

ANSWER: It was suggested that the Rules of Court should apply because it took effect in 1989
while the Family Code took effect in 1988. It may be argued that the former is procedural and
the latter is substantive; however, it was further suggested that although the family code
provision is substantive, it is procedural in character. So, of these two provisions, the Rule of
Court, which was made by the SC, should prevail.

Q. WHAT IS THE DISTINCTIONS BETWEEN JUDICIAL ADMISSION AND EXTRA JUDICIAL

ADMISSION?
A. JUDICIAL ADMISSION EXTRA JUDICIAL ADMISSION
Inside the court admission Out of court declaration
Does not require proof Requires proof
Conclusive upon the admitter Rebuttable
ADMISSION VIS-À-VIS CONFESSION= every confession is an admission, but not all admissions
are confessions.

ADMISSION CONFESSION
Statement of facts which does not involve statement of facts which involves
acknowledgement guilt acknowledgement of guilt
Maybe made by third person Can be made only by the party himself
Express or implied Always express

Q. CAN WE CONSIDER THAT AN OFFER OF COMPROMISE IS AN IMPLIED ADMISSION OF

GUILT?
A. In a civil case, an offer of compromise is not considered as implied admission of guilt because
it is the policy of the law to favor settlement to promote peace.
In a criminal case, an offer of compromise by the accused may be received in evidence as an
implied admission of guilt.
EXCEPT:
1. Quasi offenses
2. Covered by katarungang pambarangay
3. BP-22
4. Plea of guilty later withdrawn
5. Unaccepted offer of plea of guilty to a lower offense
6. Offer to pay medical/hospital expenses
7. Tax cases
Q. WHAT IS THE PRINCIPLE OF RES INTER ALIOS ACTA ALTERI NON DEBET
A. The principle means that thing done between strangers ought not to injure those who are
not parties to it.
The principle of res inter alios acta have two branches, namely:

BRANCH 1- the rights of a party cannot be prejudiced by an act, declaration, or omission of

another
BRANCH 2- similar acts as evidence
NOTE: These rules applies only in extra-judicial confessions

QUI TACET CONSENTIRE VIDETUR means that he who is silent appears to consent. Known as
admission by silence
REQUISITES:
1. He must understood the statement
2. He must have the opportunity to deny it
3. He must have the right to object
4. The fact admitted to be drawn from his silence is material to the issue

HEARSAY RULE: As a general rule, a witness can only testify according to the product of his own
persona knowledge.
EXCEPT: hearsay evidence which includes oral or documentary evidence.

Q. WHAT IS HEARSAY EVIDENCE AND ITS SCOPE?

A. Hearsay evidence includes all assertions which have not been subject to opportunity for
cross-examination by the adversary at the trial in which they are being offered.

Q. WHAT MAY BE THE REASON WHY HEARSAY EVIDENCE IS INADMISSIBLE?

A. It is not subject to the test of truth because there is no opportunity for cross-examination. In
other words, the witness cannot swear as to the truth beyond what was told to him, heard or
read. Also, this will be a violation of the constitutional right to confrontation.

EXPLAIN THE CONCEPT OF HEARSAY AND INDEPENDENTLY RELEVANT STATEMENT.

Q. WHAT ARE THE EXCEPTIONS OF THE HEARSAY RULE?

A. The exceptions to the hearsay rule are the following:
1. Dying declaration
2. Declaration against interest
3. Declaration about Pedigree
4. Family reputation
5. Common reputation
6. Res gestae
7. Entries in the ordinary course of business
8. Entries in official record
9. Commercial lists
10. Learned treatise
11. Depositions

Q. WHAT IS A DYING DECLARATION?

A. A dying declaration is the ante mortem statements or statement in articulo mortis made by
a person after a mortal wound has been inflicted under the belief that death is certain, stating
the facts concerning the cause of and the circumstances surrounding the attack.

 It applies to any case, civil or criminal, where the death of the declarant is the
subject of the inquiry.
 To be a dying declaration, the declarant or actor must die

REASONS FOR ADMISSIBILITY:

1. Necessity- declarant’s death render him incapable to testify
2. Trustworthiness- a man at the point of death is not prone to invent a story
 Truth sits on the lips of the dying man. At the point of death, every motive for
falsehood is silenced. The mind is induced by the most powerful consideration to
speak the truth.

SECTION 39: ACT OR DECLARATION ABOUT PEDIGREE- it is the history of family

descent/ancestry which is transmitted from one generation to another by both oral and written
declarations and by traditions. This includes relationship, family, birth and marriage. It also
embraces family history intimately connected with pedigree.
 It involves family reputation or tradition in respect to one’s pedigree may be
established.

SECTION 42: PART OF THE RES GESTAE=literally means “things done”, it includes the
circumstances, facts and declarations.
REQUISITES OF ITS ADMISSIBILITY:
1. There must be a startling occurrence;
2. The statement must relate to the circumstances of the startling occurrence; and
3. The statement must be spontaneous.
 The event must be of such a nature as to the cause an exited reaction in an average
individual. (Riano, p.380)
Q. WHO WILL TESTIFY IF THE HEARSAY EVIDENCE IS PART OF THE RES GESTAE?
A. The declarant must be a witness to the event to which the utterances relates. He must have
personally observed the fact.

Q. DIEGO RAPED AND KILLED HOTBABE. IMMEDIATELY AFTER THE INCIDENT, MARIA SAW
HOTBABE NAKED AND LIFELESS. A LITTLE LATER, MARIA SAW DIEGO SEEING BLOOD ON HIS
SHIRT. DIEGO ADMITTED THAT HE WAS THE ONE WHO DID IT INFRONT OF THE BARANGAY
TANOD. DURING THE TRIAL, HE DENIES ITS COMMISSION AND FURTHER CONTESTS THE
ADMISSIBILITY OF HIS CONFESSIONS TO MARIA AND OTHER PERSONS. IS PEDRO CORRECT?
A. His argument is bereft of merit. His statements in front of Maria and the Barangay Tanod are
admissible for being part of the res gestae.
A declaration is deemed part of the res gestae and admissible in evidence as an exception to
the hearsay rule when the following concur: 1) the principal act, the res gestae is a startling
occurrence; 2) the statements were made before the declarant had time to contrive; and 3) the
statements must concern the occurrence in question.
All these requisites are present in this case: first, Diego had just been through a startling and
gruesome occurrence-hot babe’s death; second, his admission was made while he was still
under the influence of said startling occurrence and before he had an opportunity to concoct a
story; and third, his confession concerned the rape and killing of hot babe. ( People v Sace, 2010)

SECTION 43: ENTRIES IN THE COURSE OF BUSINESS (AKA SHOP-BOOK RULE)

REQUISITES OF ITS ADMISSIBILITY:

 1. The entrant made the entry in his official capacity;
2. The entry was made in course of business;
3. The entrant must be in a position to know the facts in the entries; and
4. The entrant must be deceased or unable to testify

Q. WHAT IS THE REASON WHY ENTRIES IN THE COURSE OF BUSINESS ALTHOUGH HEARSAY IS
ADMISSIBLE IN EVIDENCE?
A. reliability is furnished by the fact that regularly kept records typically have a high degree of
accuracy.

NOTE: the admissibility of hearsay evidence has nothing to do with its probative value. It may
be admitted but to say that the contents are true and correct is disputable.

SECTION 44: ENTRIES IN OFFICIAL RECORDS

REQUISITES OF ITS ADMISSIBILITY:

1. It was made by a public officer;
2. It was made in the performance of his official duty;
3. The public officer had sufficient knowledge of facts stated by him, which he
acquired personally or through official information.
Q. WHAT ARE THE DISTINCTIONS BETWEEN ENTRIES IN THE COURSE OF BUSINESS AND
ENTRIES IN OFFICIAL RECORDS?
A.
ENTRIES IN THE COURSE OF BUSINESS ENTRIES IN OFFICIAL RECORDS
The entrant must be dead there is no such requirement
Needs authentication Need not be authenticated
Best evidence rule applies Exception to the best evidence rule

Q. WHAT IS CHARACTER EVIDENCE? IS CHARACTER EVIDENCE ADMISSIBLE IN EVIDENCE?

A. Character evidence is the aggregate of the moral qualities which belong to and distinguish an
individual person. Character evidence as a rule, is not admissible in evidence.
RATIO: every person is presumed to be of good moral character.
 The prosecution cannot present as evidence the character of the accused, unless
the accused himself claims that he/she is of good moral character. Then the
prosecution may present evidence to prove that the accused is of bad moral
character.

RULE 131: BURDEN OF PROOF AND PRESUMPTIONS:

Q. WHAT ARE THE TWO (2) SEPARATE BURDENS IN BURDEN OF PROOF?

A. The two separate burdens in burden of proof are the following:
1. BURDEN OF GOING FORWARD- that of producing evidence
2. BURDEN OF PERSUATION- the burden of persuading the trier of fact that the
burdened party is entitled to prevail.

Q. WHAT IS THE UNDERLYING DOCTRINE IN BURDEN OF PROOF?

A. The underlying doctrine is called “ et incumbit probation qui dicit, non qui negat”. Meaning,
he who asserts not he who denies, must prove.

Q. IN CRIMINAL CASES, WHO HAS THE BURDEN OF PROOF THE DEFENSE OR THE
PROSECUTION?
A. In criminal cases, the burden of proof lies on the prosecution.
Q. WHAT IS THE RATIONALE WHY THE BURDEN IS ON THE PROSECUTION?
A. The rationale is based on the constitutional presumption of innocence. The accused is
presumed innocent until the contrary is proven otherwise.
Q. ARE THERE INSTANCES WHEREIN THE BURDEN WILL BE SHIFTED TO THE ACCUSED?
A. YES. As a rule, the burden of proof rests on the prosecution. However, when the accused
admits the allegation and interposes an affirmative defense, the burden of proving self-defense
will be shifted to the accused. REVERSE TRIAL WILL SET IN.

 An accused, who claims justifying or exempting circumstance by way of defense, has

the burden of proof to establish such defense by clear and convincing evidence.

Q. WHAT IS THE DEGREE OF PROOF THAT SATISFIES THE BURDEN OF PROOF IN CIVIL CASES,
CRIMINAL CASES, AND ADMINISTRATIVE CASES?
A. CIVIL CASES- preponderance of evidence
CRIMINAL CASES- proof beyond reasonable doubt
ADMINISTRATIVE CASES- substantial evidence

Q. WHAT ARE THE TYPES OF PRESUMPTIONS?

A. CONCLUSIVE PRESUMPTION (juris et de jure) and DISPUTABLE PRESUMPTION ( juris tantum)
In the former, it is a presumption of law that is not permitted to be overcome by any proof to
the contrary while the latter is a presumption which the law permits to be contradicted by
proofs to the contrary; otherwise, the same remains satisfactory.

Q. WHAT ARE THE RIGHTS AND OBLIGATIONS OF A WITNESS?

A. A witness is obliged to answer questions, although his answer may tend to establish a claim
against him.
EXCEPTION RIGHTS OF THE WITNESS:
1. To be protected by improper, irrelevant or insulting questions
2. Not to be detained longer than the interest of justice requires
3. Not to be examine except only to the matters pertinent to the issue
4. Not to give answer that will subject him to penalty
5. Not to give an answer to degrade his reputation
Q. WHAT IS THE ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS?
A. Direct examination, purpose- to elicit facts about the client’s defense
Cross-examination, purpose- to discredit the witness, clarify certain matters, elicit
admission and to test the credibility of the witness
Redirect examination, and
Re-cross examination

Q. WHAT IS A LEADING AND MISLEADING QUESTION?

A. A leading question is one which suggests to the witness the answer which the examining
party desires. It is generally not allowed.
EXCEPT: On cross examination, preliminary matters and hostile witness
A misleading question is a question which assumes something not in evidence. It is not allowed.
EXCEPT: When waived and hypothetical question to an expert.

Q. WHAT IS THE DOCTRINE OF EQUIPONDERANCE OF EVIDENCE?

A. The doctrine refers to a situation where the evidence of the parties is evenly balanced or
there is doubt on which side the evidence preponderates. In such case the decision should be
against the party with the burden of proof. (Marubeni Corp., v Lirag, 2001)

EXPLAIN THE CONCEPT OF RES IPSA LOQUITUR: (The thing speaks for itself) it is applied in
negligence wherein one of the parties is presumed negligent.
EXPLAIN THE CONCEPT OF SWEETHEART THEORY IN RAPE CASES:
Accused admits that he had sexual intercourse with the complainant on that fateful day, but
argues that they were lovers and the act is consensual. However, other than his bare
allegations, he adduced no independent proof that he was the sweetheart of the victim. His
sweetheart defense was neither corroborated by any other witness nor substantiated by any
memento, love note, picture or token. Furthermore, even assuming that they were lovers, their
relationship does not give him a license to sexually assault her. Love is not a license to rape.
Q. WHAT IS MEANT BY THE TERM CORPUS DELICTI?
A. Is the actual commission by someone of the particular crime charged.
ELEMENTS:
1. That a certain result has been proved; and
2. That someone is criminally responsible for the act.

 Corpus delicti in its legal sense refers to the fact of the commission of the crime, not
to the physical body of the deceased or to the ashes of the burned building or as in
the present case to the smuggled cigarettes. The corpus delicti may be proven by the
credible testimony of a sole witness, not necessarily by physical evidence such as
those aforementioned. (Rimorin v People, 2003)

Q. WHEN CIRCUMSTANTIAL EVIDENCE IS SUFFICIENT FOR CONVICTION?

A. Circumstantial evidence is sufficient for conviction when the following circumstances are
present:
1. There is more than one circumstance;
2. The facts from which the inference are derived are proven; and
3. The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt. (People v Guihama,2003)

FINAL NOTES:
 The witness can testify only according to the product of his/her own personal
knowledge. Otherwise, it is hearsay.
 The competence of a witness refers only to the fact that he/she is qualified as he
possesses none of the disqualifications. Qualified because he can perceive and in
perceiving, he can make known of his perception to others.
 The credibility of the witness refers only to the capacity of being believed.

ATTY. MELCHOR J ORAP

Regional Prosecutor RBJMP II