1.

Parol Evidence
Oral or verbal evidence, that which is given by word of mouth ; ordinary kind of
evidence, given by witnesses in court. It is the same as extraneous evidence or evidence
aliunde
1. Parol Evidence Rule
Provides that when the
terms of an agreement h
ave been reduced to
writing,
it is considered as containing all the terms agreed upon and
there can be
, between the parties and their successors in interest,
no
evidence of such terms other than the contents of the written
agreement.
Exceptions: (ITVE)
an
intrinsic ambiguity,
mistake or
imperfection in the written
agreement
failure of the written agreement to express the
true intent and
agreement o
f the parties thereto;
the
validity
of the written agreement;
the
existence of other terms agreed to by the parties or their
successors in
interest after the execution of the written
agreement ( wills)
Evidence of prior or contemporaneous verbal agreement is generally not
admissible to vary the terms of the agreement.
2. What are the requisites before Parol Evidence will apply?
the s
ubject of the inqui
ry refers to term or terms of the contract
or will
the agreement pertains to a
valid or voidable contract
the existence of
contractual relation
s between parties
there
are objections made in case of presentation of modified
agreement
the
modified agreement is put in issu
e in the pleadings.
2. How to determine whether the subject of
oral agreement i
s SEPARATE and DISTINCT
from the subject of the WRITTEN AGREEMENT.
to ascertain first, what is the whole subject intended by the parties to be covered such
writing by examining the subject matter it deals and the circumstances attending its
execution; and
to ascertain the oral agreement offered to be proved
comparison should be made between the writing and the oral agreement
if the subject of the oral agreement is not so closely connected with the subject of the
writing as to form part and parcel of it, then parol evidence is admissible.

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3. What is ambiguity?
The fact that a word or a phrase or the general sense of a document or part of it, could equally
apply to more than one things or event.
4. What is the Lord Bacons Rule? ( 3 Kinds of Ambiguity)
1. Latent
2. Patent or Intrinsic
3. Intermediate
5. Explain the latin maxim Falso Demonstration non Nocet

6. What is mistake?
An error in action; a blunder.
7. What are the requisites in order that mistake will be an exception under the
parol evidence rule?
1. that the mistake should be one of
fact
2. the the mistake must be
common to both parties
3. that it
must be alleged and proved
by clear and convincing evidence.
8. When is a mistake a ground for the reformation of the instrument under the
Parol Evidence Rule?
9. What are the distinctions between parol evidence and best evidence rule?
Parol Evidence Rule

Best Evidence Rule

the original document is

available
in court

not a
vailable

prohibits the
varying
the terms of the
written agreement

prohibits the introduction of s

ubstitutionary
or secondary evidence

the controversies is
between the parties t
o
the written agreement

involves
any parties to
the action

What are the remedies of the parties under the PER?

1. Reformation of Instruments
Article 1359

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 Article 1361

Article 1362

Article 1360

Article 1363

Article 1364

Article 1366

Article 1367

Article 1368

Article 1369

2. PEtition for Declatory Reliefs and Similar Remedies (Rule 63, Section1)

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I. QUALIFICATION OF WITNESSES
1. What are the qualifications of a witness? Exceptions?

2. Distinction between Competency and Credibility?

3. Who are the persons disqualified to be a witness?

CHILD WITNESS
4. What are the requisites in order for a child to be a competent witness?

5. When can the court conduct competency test?

6. Who has the duty to present proof to show necessity of competency

examination?

7. Who are the persons allowed during the competency examination?JCGSD (5)

8. What are the guidelines on the QUESTIONS which may be asked during the
competency examination? AIF (3)
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9. How will the examination of a child witness be conducted? OOP (3)

10. What is the rule on disqualification by reason of marriage? What is the

principle of spousal immunity?Exception ( Civil and Criminal Case? )

11. What are the requisites in order that disqualification may apply? (2)

DEAD MAN's STATUTE

12. What is the Dead Man's Statute?
It is a rule of evidence which
disqualifies:

parties or assignors
of parties to a case,

or
persons in whose behalf a case is prosecuted
againsts
a r
epresentative of a
deceased person or his
estate,

upon a claim or demand against,

from testifying as to any matter of fact occurring
before the death of such person.

13. What is the rationale of the Rule?

if the death has closed the lips of one party, the policy of the law is to close the lips of
the other.
the temptation t
o falsehood and concealmen
t in such cases is considered
too great
to allow the surviving party
to testify in his own behalf
14. What is the requisites in order that Dead Man's Statute will apply?

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1. that the
witness offered for examination is the party plaintiff or assignor of party to a
case, or persons in whose behalf a case is prosecuted.
2. the case is
against an executor or administrator
or other representative of a
deceased person, or against a person of unsound mind;
3. the case is upon a
claim or demand against the estate of such deceased person, or
against a person of unsound mind, or cannot testify;
4. that the testimony to be given is on a
ny matter of fact occuring before the death
of such deceased person or before such person became of unsound mind.
15. How can the disqualification be waived? (FCC)
1. f
ailure to object
the testimony of the witness;
2. by
cross-examining the party on prohibited matters;
3. by
calling the witnesses to testify
on probihited matters

16. What are the instances where the disqualification will not apply?
1. when the party is not the real party in interest
2. when the person is a mere witness
3. when the person is not a party to the case, not an assignor of the party, not a person in
whose behalf the case is prosecuted;
4. in case of a nominal party, or officers and stockholders of a corporation
5. in case of a counterclaim
6. when the deceased contracted through an agent
7. when the representative is being sued in his individual or personal capacity
8. in case of heirs who subsituted the deceased plaintiff
9. in case of negative testimony
10. in cadastral cases;
11. in order to prove a claim less than what is established under written contract
12. when it is intended to prove fraudulent transaction entered by the deceased.

PRIVILEGED COMMUNICATION
17. Who are those witnesses disqualified by reason of privileged communication?

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1. Disqualification between husband and wife

a. privileged marital communication rule
i.

the husband or the wife,

during or after the marriage
, cannot be
examined without the consent of the other as to any communication
received in confidence by one from the other during the marriage
except
in a civil case by one against the other or in a criminal case for a crime
committed by one against the other or the latters direct descendants or
ascendants

ii.

Rationale: it is intended for the preservation of the peace in the family

and in the maintenace of the sacred instituion of marriage ,and its
strongest safeguard is to preserved with zealous care any violations of
those hallowed confidences inherent in, and inseperable from, the
marital status.

b. what are the requisites in order that the disqualification shall apply?
i.

there must be valid marital relations between the husband and the wife.

ii.

that

the

privileged

is

invoked

with

respect

to

confidential

communication between the spouses during the marriage;

iii.

that the spouse against whom such evidence is being offered has not
given his or her consent to the testimony

c. what are the exceptions?

i.

a
civil
case by one against the other spouse

ii.

criminal case
or crime committed by one against the other spouse;

iii.

in a case of communication mad

e prior to
the marriage

iv.

communication
not confidential in
character

v.

when the
communication was overheard b
y third person

vi.

in c
ase of dying declaration
of one spouse to another.

2. Disqualification between attorney and client

a. An
attorney cannot
, without the consent of his client to him, b
e 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

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employment, nor can an

attorneys secretary,
stenographer
, or
clerk
employer, concerning any fact the knowledge of which has been acquired in
such capacity
b. what is the coverage of the disqualification?
i.

verbal statements

ii.

documents and papers entrusted to the atty by the client

iii.

those facts learned by the attorney from the client

c. what are the exceptions to the application of the disqualification?

i.

when the communication is intended to be made public

ii.

when the communication is intended to be communicated to others

iii.

intended for unlawful purpose or in the furtherance of a crime

iv.

was received a third person who is not acting in behalf or as agent of the
client

v.

was made in the presence of a third party who is stranger to the atty and
client

vi.

when there is a waiver on the part of the client;

vii.

when the client gives his consent

viii.

action filed by the client against the atty

ix.

dying declaration made by the client to the atty.

d. what are the cases of implied waiver?

i.

when the client failed to object to the testimony of the atty

ii.

giving of evidence on the privileged communication

iii.

by calling or cross-examining his atty regarding the communication

e. when will be the opportune time to invoke the privilege is:

i.

when the atty is being called to disclose the professional communication

made by the client

ii.

when the client is being made to make a disclosure

3. disqualification by reason of privileged communication between patient

and doctor

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A person authorized to practice

medicine, surgery or obstetrics cannot in a civil case,
without the consent of the patient, be examined as to any advice or
treatment given by him
or any information which he may have acquired in attending such patient in a professional
capacity,
which information was necessary to enable him to act in capacity, and
which would blacken the reputation of the patient.
1. What are the requisites for the application of the privilege?
a. the privilege is being claimed in
civil cases
;
b. the person against whom the privilege is being claimed is a person duly
authorized to practice medicine, surgery or obstetrics
c. that such person acquired the information while he was attending to the
patient in his professional capacity
d. the information is confidential and if closed would tend to blacken the
reputation of the patient.
2. What are the scopes of the privilege communication between doctor
and patient?
a. testimony of the physician on the witness stand;
b. any affidavit, certificate, and medical records of hospitals or asylum
containing privilege matters.
3. What are the exceptions to the application of the privileged
communication?
a. The communication was
not given in confiden
ce;
b. The communication is
irrelevant t
o the professional employment;
c. The communication
was made for unlawful purpo
se;
d. The information
was intended to be made public
;
e. Waiver of the
privilege either by law or contra
ct;
f.

Case by th
e patient against the physician;

g. When the
patient gives his consent.

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4. Privileged communication between priest and penitent.

a. A minister or priest cannot, without the consent of the person making the
confession, be examined as to any confession made to or any advice given by
him in his professional character in the course of discipline enjoined by the
church to which the minister or priest belongs
b. What are the requisites in order that the privilege communication
between priest?
i.

there must be a priest and penitent

ii.

there must be a confession

iii.

the confession was made to the priest in his

professional character in
the course of the discipline enjoined by the church to which he belongs

c. Rationale: To allow violation of the privilege would be equivalent to the

ANNULMENT of the Confessional Institutuion for many would no longer make
a confession of their sins to the priest
d. What are the exceptions to the application of the privilege:
i.

when the penitent

consents

ii.

third person
overhearing
the confession;

iii.

the communication is not privilege in character or made to a priest not

in a professional character.

5. Disqualification on a public officer (State Secrets)

A public officer cannot be examined
during his term of office or afterwards
, as to
communications made to him in
official confidence
, when the court finds that the
public
interest would suffer by the disclosure
1. Requisites for the application of the privilege
a. official confidential communication
b. communication must have been made to a public officer
c. the disclosure of the communication would affect public interest
2. Exceptions on the privilege as to the identity of the informant:

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a. when the identity of the person furnishing the information has already
been disclose;
b. when the disclosure of his identity is essential to assure a fair
determination of the issue.

6. Rule on Privileged Communication on Electronic Evidence

a. The confidential character of a privileged communication is not lost solely on
the ground that it is in the form of an electronic document.

DEPOSITION
18. What is the scope of the deposition?
Any matter, not privileged, which is relevant to the subject of the pending action, whether
relating to the claim or defense of any other party, including the existence, description, nature,
custody, condition, and location of any books, documents, or other tangible things and the
identity and location of persons having knowledge of relevant facts.
1. Limitation on the Remedy of Motion for Production and Inspection Order
on Privileged Matters.

2. Nature of the remedy of production and inpection of documents and

things.

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II. TESTIMONIAL PRIVILEGE

1. What is testimonial privilege?Scope?

2. What is the doctrine of parental privilege?

3. What is the doctrine of filial privilege? Application?

III. ADMISSIONS AND CONFESSIONS

What is admission?
is the act, declaration or omission of a party as to a
relevant fac
t may be given
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.
Requirements in order that admission of a party against interest will be
admissible? Section 26, Rule 130 ( FCVA)
1. involve matters of fact, and not of law
2. be categorical and definite
3. be knowingly and voluntarily made
4. be adverse to the admitters interests, otherwise it would be self-serving and
inadmissible.

What are the kinds of admissions?

1. Judicial-
made in connection with a judicial proceeding in the same case in which it is
offered
2. Extrajudicial-
made not in the same case or in any other case
3. Verbal -
made orally
4. Written-
made in writing
5. Express -
made in a definite written and unequivocal terms
6. Implied -
which may be inferred from the facts, declaration or omission of a party
7. Adoptive
- by a person merely adopting the admission made by another.

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What is self-serving evidence?

a statement of a party intended to serve own interest
What is self-serving declaration? which has been made extrajudicially by the party to
favor his interest. It is inadmissible in evidence.
What is self-serving testimony?
refers to the extrajudicial statement of a party which is
being urged for admission in court.
Distinction between admission and confession?
Admission

Confession

fact w
hich does not involve
acknowledgement of fault or liability

acknowledgement of
ones guilt or liability

express or implied

always express or tacit

more
broader
confession

scope

which

includes

made by any party

only
limited
to the confession of a

can only be made by the accused

What is the distinction between admission and declaration against interest?

admission

declaration against interest

need not be against the proprietary or

pecuniary interest

made against the proprietary or pecuniary

interest

made by a
party himself and it is a primary
evidence though he be present in court and
ready to testify

made by a person who is either

deceased or
u
nable to testify

What are the effects of an amended pleading? (SRW)

1. supersedes
the pleading that it amends
2. the
admissions in the superseded pleadings
may be received in evidence against the
pleader
; and
3. claims or defenses alleged therein not incorporated in the amended pleading shall be
deemed waived
.
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What is an offer of Compromise?

An offer to
settle a dispute
or
difference
amicably for the purpose of avoiding a lawful
suit and without admitting liability.
What is the rule on offer of compromise?
Civil Case- an offer of compromise is not an admission of any liability and not
admissible in evidence against the offeror .
Criminal - except those involving quasi-offenses or those allowed by law ro be
compromised , an offer of compromise by the accused may be received in evidence as
an implied admission of guilt.
Instances which the law allows criminal cases to be compromised?

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