Evidence=means sactioned by the rules of ascertaining the truh respecting a mater of fact in a

judicia lprceeding
Factum probandun= ultimate fact
Factum probans= fact by which factum probandun is established
Object evidence-addressed to the senses of the court (sensed by court)
Documentary evidence- consist of writing; something read
Testimonial- oral evidence given by witness
Direct- evidence proves a fact in issue
Indirect evidence= proves a fact in issue by inference
Relevant- tendency in reason to establish the probability or improbability oof a fact in issue
Material- directed to prove a fact in issue
Substantial evidencequantum of evidence required which a reasonable mind might accept
as adequate to justify a conclusion
Preponderance of evidence- greateer weight of the credible evidence. More worthy of belief
Proof beyond reasonable doubt- moral centainty
Clear and convicing- establishes a ifirm belief of the existence of facts in isse
Credible- inspures belief as to its truthfulness
Requisites for dmisinility
1. must be relevant to the issue
2. not otherwise excluded by law
credibility- answers the question as to whether it proves a fact in issue admissibility- whether it
will be considered at all.
former refers to tduty to receive or allow evidence latter refers to the worthiness of belief of the
evidence
\
Rule on the use of deposition as evidence
1. to contradict or impeach testimony
2. deposition of an officer,director,managing agen,at the time of the taking of the deposition,
of a public or privare corp or partnership association may be used by an adverse party for
any purpose
3. when witness is dead, 100km away from place of trial,out of the phil, unable to attend
because of age,sickness,infirmity or imprisonment,unable to procure attendance by
subpoena
How to be relevant- relation to the fact in issue to induce belief of its existence/non existence
1. must have relation the the fact in issue
2. it will induce belief in its existence or non existence
When is collateral(Circumstantial) matter evidence allowed?
When it tends in any reasonable degree to establish the probability or improbability of fact in
issue
Test of relevancy
1. Whether an item of evidence has any value,determined thru logic and experience, of proving
the proposition
1. whether it would reasonably or actually tend to prove or disprove a fact in issue or
corrobotae other relevant evidence.
2. If there is a logical connection between fact offered and fact to be proved
Requisites of Alibi

1.
2.
3.
4.

appellant was a the different place at the time the crime was committed
physical impossible for him to be at the crime scene
must be established by credible person (eg. Not his relatives)
clear and convicng evidence

judi ial notice

general knowledge- when its existence oroperation is accepted by public without
contention;notoriously known that it is proper to assume existence without proof
commonly known;certainly known as to make it indispensable among reasonable men
unconditional acceptance by public or segment of public where fact is of relevant importance
courts will take judicial notice of its own records of case pending before it.
Requiements
1. general or common knowledge
2. well and authoritatively settled and doubltful and and uncertain
3. known to b within the limits of the jurisdiction of th court
when is it mandatory? (MEMORIZE)

Section 1. Judicial notice, when mandatory. A court shall take judicial notice, without the introduction of evidence, of the
existence and
territorial extent of states,
their political history,
forms of government and symbols of nationality, the law of nations,
the admiralty and maritime courts of the world and their seals,

the political constitution and history of the Philippines,

the official acts of legislative, executive and judicial departments of the Philippines,

the laws of nature, the measure of time, and the geographical divisions. (1a)

Other matters that are mandatory

1. Ammendments to ROC
2. Decision of SC
3. official acts or declaration of president
4. baking practices
5. Financial status of fovt
6. powers of the president
7. court records
8.its own decisiom
9. laws of nature involving physical science eg biology
10. law of nations (generally accepted principles of international law) cos we are a member of UN
When is it discretionary?
1. matters of public knowledge

2..capable to unquestionable demonstration (the action or process of showing the existence or

truth of something by giving proof or evidence)
3. ought to be known by judges bcos of their judicial functiom
requrements for the court to take judicial notice of foreign laws
1.issue is one of fact and not of law
2. foreign law must be proved
except
1. court has actual knowledge of foreign law
2. when court has already ruled upon in a case involving said foreign law
when
3.
4.
5.
6.

can court take cognizance of foreign laws?

when such laws affect phil sovereign interest
where court has acess to unquestionable info
where phil law was borrowed from foreign statute legislative intent

knowledge of public knowledge

Test w/n it is notirously known
Must all men know the facts?
Only needed is tht it is known to most men, to well intentioned persons or even to every
intelligent persons.
-it is sufficient that the matter is known
a. in the local community where the court sits
b. or to that segment of the public which the fact is of relevant importance.
Court JN other record of other cases assigned to it? No it is unfair partly based on other cases
EXCEPT
1. when cases are jointly tried (common questions of law or fact) closely woven or
interdependent
2. parties so stipulate
3. public jas am mterest in the cases
4. ot os mecesaru to ascertain wheter or not previous ruling is applicable to the case
Wht facts?
1. historical facts occurred n the immediate past
2. geographical facts
3. natural laws/ phenomenon of nature
4. arts and sciences
5. customs and ussuages
general known,
religious matters
commercial practices
habits and traits like life expectancy
diseases and frailties
others: common knowledge facts
Judicial admissions
May be contradicted by sayin it was made thru palpable mistake o that no admission was made\
In the case of a pre-trial admission in a civil case, to prevent
manifest injustice (Sec 7, Rule 18) Note: applies to criminal cases if the pre-trial admission is
reduced into writing and signed by the accused and his counsel.
Must be defintite,certain,unequivocal

udicial admission vs confession

Admission

Doesnt result in
liability
Broader in scope
May be implied. Can
be made by a party

Confession
-admission of ones
guilt in the same case
Admission of ones
liability
Limited to confession
of a person
Always express. Can
only eb made by
accused

Instances where JA can be made

1. pleadings
2. pre trial conference
3. motions
4. witness on witness stand
5. answer to written reques for admission
6. written interrogatories
7. open court during trial
8. testimonies,depositions,affidavits
9. agreements of fcts
OBJECT EVID
Requisites for admissibility of object evidence
1. relevant
2. authenticated
3. identified by the competent witness
4. formally offered
Limitations to the admission of object evidence
1. when it is repulsive or contrary to public policuu morals or sense of decency
2. result in delays inconvenience or entail unnecessary expemse
3. when it is confusing or misleading
4. when there is a testimonial or documentary evid areayd presented
Exceptions
1. when necessary for the interest of justice
2. immoral object is the basis of the prosecuton of the civil or crim case

5. Authentication as applied to certain evidences:

a). As to pictures and photographs, maps, diagrams, the authenticity refers
to proving the accuracy of the things, persons, things or places depicted in
the photographs which may through the testimony of : (i) the photographer or
(ii) any one who is familiar with the persons, things, places shown therein
recording is admissible in evidence and given probative value, the following
requisites must first be established:
(i). a showing that the recording devise was capable of taking testimony

(ii). a showing that the operator of the device was competent

(iii). establishment of the authenticity and correctness of the recording
(iv). a showing that changes, alterations, or deletions have not been made
(v). a showing of the manner of the preservation of the recording
(vi). identification of the speakers
(vii). a showing that the testimony elicited was voluntarily made without any
kind of inducement
c). As to X-rays and cardiograms, motion pictures: same requirement as to
tape recordings.
Chain of custody rule- duly recorded authorizd movement and custody of seized drugs or
controlled chemicals or plant sources of dangerous drugs or equipments of eah stage from the
time of seizure to receipt of the foresbic laboratory to safekeeping to presentation in
court for destruction
Non compliance for chain of custody requirements
1. justifiable grounds
2. integrity and evidentiary value is preserve
the requrements of chain of ustody are
1. testimony abt eery link of chaim from moment it was picked up to the tie it is presented
2. witness shud describe the precautions taken to ensure the change in the condition of the
item and no opportunity for someone not in the chain to hae possession
Requirements of DNA testing
1. biological sample
2. due hearing and notice
3. bio sample wasnt previously subjected to DNA testing now requested or was previously
subjected to DNA testing but results may require confirmation
4. scientifically valid technique
5. DNA testing has scientific potential to produce new info tht is relevant to the proper
resolution of the cas
6. Existence of others fctors w/c court may consider as potentially affecting the accuracy or
integrity of DNA testing. Rule shal not preclude DN testing without need of a prior court
order by a party including law enforcement agencies before a suit or proceeding is
commenced.
Post conviction DNA testing (S6)
1. without need of court order
2. by prosecution or convict
3. biological sample
4. sample is relevant to the cae
5. reversal or modi of judgement will result
Assessment of probative value of the DNA evidence(s7)
Court shall consider
1. chain of custody including how the bio sample were collected,handles,and possibility of
contamination
2. DNA testing methodology,procedure followed in analyzing the samples,advantage
disadvantage of procedure,compliance with scientific valid standards
3. Forenciv DNA laboratory including accreditations bu amu reputable standard setting
institution and the qualification of the analyst who conducted the test. If no
accreditation, the relevant experience of the lab in forensic casework and
credibility

4. Reliability of testing results

Considerations of DNA testing methodology reliability
1. falsifiability of the principles or methors used hther the theory or technique can be tested
2. subjection to peer review and publication
3. acceptance of the principles by the relevant scientific community
4. existence and maintnnc of standards and controls to ensure the correctmess of data
generated
5. appropriate reference population database
6. degree of confidence attributed to mathemathical calculation used in comparing DNA
profiles and the significance and limitations of statistical calculations
Photogahs videos and similar evidence of evidence transaction of wildlife S 1 Am 9 68
Admissible when
1. authenticstd by person who took it
2. by some other person preseted whan said evidence was taken
3. other person competent
Admissibility of audio photo video and ephemeral device
Admissilr when
1. shown presented or displayed to the court
2. identified explained or authenticated by the person who made tge recordgin or some
person comptentent to testify as to accuracy
Rule on Ephemeral Electronic Communication S 2 Am 1 7 1
Refers to
1. telephone convo
2. text msg
3. chatroom
4. streaming audio and vio
5. electronic forms of communication the evidence of which is not recorded or retained
How to prove it
1. by the testimony of a person
2. oersis who has knowledge personal
other competent evidence may be admitted

S 2 What is doc evidence

Consist of wiritng or any material containing
1. letters
2. words
3. numbers
4. figures
5. symbols
6. other modes of written expression offered as proof of their contents
-

SIGNATURESQ: How is an electronic document authenticated?A:

1.
By evidence that it had been digitallysigned by the person purported to havesigned the same;2.

By evidence that other appropriatesecurity procedures or devices as may beauthorized by

the Supreme Court or bylaw for authentication of electronicdocuments were applied to
thedocument; or3.
By other evidence showing its integrityand reliability to the satisfaction of the judge
(Sec. 2, Rule 5)
: How is an electronic signature authenticated?A:
1.
By evidence that a method or process wasutilized to establish a digital signature
andverify the same;2.
By any other means provided by law; or3.
By any other means satisfactory to the judgeas establishing the genuineness of theelectronic
signature
(Sec. 2, Rule 6)

Best evidence Rule Sec 3 R130

Requsiites in order that Best evidence rule will apply
1. original document is the writing isself
2. contents is subject to inquirt
3. original documen must be produced if the purpose is to prove its cntents
Except
1. original is lost or destroyed without bad faith of the orfferor
2. Original is in the custody and control of party vs whom the evidence is offered and the
latter fails to produce
3. When the original consists of numerous accounts or other documents which cant be
examined in court without great loss of time and the fact sought to e established is a
general result of the whole
4. When the original is a public record in the custody of a pub officer or is recorded in a
public office
LPNP
Orignal of the e- docs under the best evidence rule S 1 Rule 4 AM 1 71
1. digitally signed doc
2. printout or output readbale by sight
3. any other means which accurately reflect electronic data message or electronic doc
When a document is considered original
1. when it is the document the contents of which are subject of inquiry
2. when two or more copies are executed at or about the same time with identical contents all
such copies are equally regarded as originals
3. when an entry is repeatd in the regular course of business one being copied from another or
near the time of the transaction all the entries are likewise regarded as originals
An electronic is equivalent ot the original in the ff cases
1. when a document is in tw or more copies executed at the same time with identical contents
2. its a counterpart produced by the same impression as he original, or from same matrix, or
by mechanical or electronic re-recoding, or by chemical reproduction
3. other equivalent techniques
except if

1. when there is a genuine question is raised as to the authenticity of the original

2. it wud be unjust or inequitable to admit the copy in lieu of the orig
SECONDARY EVIDENCE- evidence other than document itself
S5 r10
When the doc is lost or destroyed or cant be produced, the offerer shoud prove
1. prove its existence and exeution
2. cause of its unavailability
3. without his bad faith
4. prove contents by
a. copy
b. recital of its contents in some authentic document
c. testimony of witness (in the order stated)
Requisite so that it may be preented
1. due execution of orig
2. proff of loss destruction or unavailability of all such original
3. proof that reasonable diligence and goo faith in the search for at least an attempt to
produce the orig

How to prove loss or destruction of will

1. due execution and validity of will is establsied
2. will existed at time of death of testator
3. showin that it has veen fraudulently or accidentaly destroyed in the tlife time of testator w/o
his knowledge
4. its provision must be distinctly proved by 2 credible witness
5. when a lost will is proved, the provision thereof must be distinctly syated and certified y the
judge under the seal of the court and certificate must be filed and recorded
Rule in case orig is under control of the adverse party
1. if th document is in the custody or under the control fo the adverse party,secondary
evidence can be presented subject to the following requirements
2. he msut have reasonable notice to produce it
3. after notice and satisfactory proof of existence he fails to produce the doc
4. secondary evidence may be presented

Exceptions to parol evidence rule

1.one can modify explain or add to the terms if he puts in issue in his pleadings
a. intrinsic(patent daw to sabi ni sir) ambiguity mistake or imperfection in the written
agreement
failure of the written agreement to express the true intent and agreement of the parties
a. validity of the written agreement
b. existence of other terms agreedy to by the parties or their successors in interest after
the execution of th written agreement
How to determine w/n subject of oral contrt is separate and distinct from subject of
written agreemrnt
a. ascertain 1st what is the whole subject intended by the parties to be coverd by the wiring by
examining the subj matter it deals and the cirucmstances attending its execution
b. ascertain the oral agreements offered to ve proved
c. comparison of written and oral
d. if the subj of the oral agreement is no so closely connected w/ subj of the wiring as to form
a part and parcel of it then parol evidence is admissible.

Requisites for mistake exception udner PER

1. mistake is one of fact
2. alleged and proved ith clear and convincing evidence
When is mistake a ground for reformation under PER
1. mutual mistake
2. language used therein ddnt gfully or accurately expressed the agreement of the parties\\
Reformation under NCC
13591. meeting of minds (if walang ganito, annulment dpt)
2. true intention not expressed
3. bcos of mistake fraud inequitable conduct or accident
1360
1. mutual mstake
2. falire of inst disclose real agreement
3. they can reform
1361
if one party was mistaken and other acted fraudulently and inequitably, the inst doesnt show
their true intention, the former may ask for the rformation
1363
1. when party is mistaken
2. the other knew or believed the inst didnt state real agreement but concealed it
3. inst may be reformed
1364
1. when thry ignora,ce, ack of skill,negligence or bad faith on the part of person drafting the
inst or clerk or typist, the inst doesnt express true intention, court can order reformation
Presumption on the use of the terms of the writing
It is interpreted as follows
a. presumed to mean the primary and general acceptation
b. evidence is admissible to show a local,technical or otherwise peculiar signification
c. used and understood in a particular instance, it will be construed accordingly
Rule when terms of an agreement intended in a dfferent sense by the diff parties
Construed as ff
1. that sense is to prvail vs either party which he supposed the other understood it
2. when different construction otherwise equall pproper that is to be taken most favorably to
the party in whose favor the provision was made
QUALIFICATION OF WITNESS
Qualifications
1. can perceive and perceiving
2. ccan make known their perception to others
Religious or political belief,interest in outcome of the case or conviction of crime shall
not be ground for disqualify ation
Exception
1. a person shall be DQ to be witness if
conviced of perjury, falsification of public or private docs, false testimony

bcos of immaturity S 21 R 130

1. those whose mental conditions at the time of their production for examination are
incapable of making known their perception to others
2. children whose mental maturity render them incapable of perceiving the facts respicing
which they are examined and of relating them truthfully
Requsisites for a child to be competent witness
1. capacity to distinquish right from wrong or able to comprehend the obligation of
his oath
2. capacity to receive correct impression
3. capacity to relate those facts trutly to the court at the time he is offered as a witness
DQ by reason of marriage
Neither the husband nor the wife may testify for or against the other w/o consent
Excepton
1. civil case by one vs other
2. crim case for a crime committed by one against the other or the latters direct
descendants or ascendants
REQ
1. arriage is valid and existin at the time of offer
2. other spouse is party to the action
DEAD MANs STATUTE S 23 R 130 RULES OF COURT
REQ
1. witness offered for exam is party plaintiff or assignor of party to the case ,or persons in
whose behald the case is prosecuted
2. case is vs exucotor/admin or other representative of deceased person or against a person of
unsound mind
3. case is upon claim or demand vs estate or prop of unsound mind hwhich cant testify
4. testimony is on a matter of fact occurring before death or before becoming unsound mind.

PRIV COMMUNICATION
REQ
1. valid marital relation
2. privilege is invoked with respect to confidential communication between the spouses
during the marriage
3. the spouses aginst whom such evidence is being offered has not given his or hes
consent
EXP
1. civil case by one against the other spouse
2. crim case ciommitted by one against the other spouse or the latters direct ascendants or
decendants
3. communication made prior to marriage
4. communication not confidential
5. communication was overheard by thirs person
6. dying declaration of one spouse to another
2.the atty cant w/o consent of client be examined as to communication made by the cient to him
or his advice given in the course of or with the view to professional employment nor can an atty

SEcrerary, clerk, steno, be examined witout consent of client nd his mploer concerning any fact
the knowledge of which has been acquired in such caoacuty
Atty- license officer of court emppowerted to appear prosecute and defend
REQ
1.atty client relationship
2. privilege is invoked w. repect to conficdential communication between then in the
course of professional employment
3. client didnt give consent to atty or atty didnt give consent to employee
REQ
1.
2.
3.
4.
5.

priv is claimed in a civ case

duly authorized to practice medicine surgery or obstetrics
acquired info while attending to patient in his professional capacity
info necessary to enable him to act in that capacity
info was confidential and would blacken the reputation

Scope
1. when doctor attents to the patient for curative preventive or palliative treatment to enable
him to safely an efficaciously treat his patient
2. it is the tenor only that is privileged
REQ
1. there must be a preist and penitent
2. confession
3. done in his professional character in the course of discipline enjoined by te church to which
he belongs
penitential in character- confessons of sins with a view to obtaining ardon. Includes any disclosure
made in the course of religious practice or consulation wich the members of clegy expect to
remain secret
STATE SECRETS
Public officer cant be examined as to communications in official confidence when the court
finds public interest would suffer by its disclosure
REQ
1. hlder of priv is govt or pub off
2. in confidence
3. igiven during the term of office of the pub off or after
4. public interest wud suffer by the disclosure
PRIV INFO OF BAN DEPOSITD
All deposits of whatever nature with banks or banking institutions including investment bonds
issued by the government of the Philippines,political subdivisions,and its instrumentalities are
hereby considered as an absolute confidential nature and may not be examined except upon
written permission of the depositor , in case of impeachment,
Reason: encourage people to depist funds to the bank
EXP
1.
2.
3.
4.

authorize In writing by depositor

impeachment proceedinfs
order of competent court in cases of bribery or dereliction of duty of a public official
money deposited or invsted is the subejc matter of litigation

5. anti graft cases

PRIV INFO TO NEWSPAPERMAN
1. the publisher editor columnisr or duly accredited reporter of any newspaper,mahanize,or
periodical of general circulation cant be compelled to reveal the source of any news report
information appearin in said publication which was related in confidence
2. unless the court or a House or committee of congress finds it is demanded b security
INFORMERS PRIVILEGE
Prosecutor may not be compleled to present an informer when his testominy is merely
corroborative and cumulative
EXCEP
1. idenitity of informer is wellknown to the accused
2. when disclosure of idenit is relevnt and helful to the defense of accused or is essential to
proper disposition of case
3. identity of poseur buyer is vital when the accused denying selling marijuana to anyone
4. when it is absolutely necessary
PARENTEL AND FILIAL PRIVLEGE
1. no person may be compelled to testify vs his parents,direct ascendants and ascendants
child cant be compelled but he can if he wants to
applies only to legit family
ADMSSION
Req for admissibility
1. admission made by a party to the case or one by whom he is legally boun
2. admission must be relevant
3. fact
4. must be given in evidence vs him

A plea of guilty later withdrawn or an uaccepted offer to a lesser offense is not admissible in
evidence vs accused who made the plea or offer
An offer to pay or payment of med hospital or other expenses occasioned byy an injury is not an
admissible in evidence as roof of civil or crim liability for the injury
Sec 28 admission by 3rd party
Right of a party cant be prejudiced by an act declaration or omission of another
Sec 29- acr or declaration of a partner or agent within scope of his authority diring existence of te
partnership or agency may be given in evidence vs sch party after the partnership or agency is
shown by evidence other than such act or declaration. This applies to the act or declaration of a
joint owner, joint debtor or other persons jointly interested with the party
Sec 30 the act declaration of a conspirator relating to the conspiracy and during its existence
may be given in evidence against the conspirator after the conspiracy is shown by evidence other
than such at or declaration
Sec 31 when one derives title to prop from another, the act declaration or mission of the latter
while holding title in relation to the property is evidence against the former.

Requisite fro admission by co partner or agent

1. ac or declaration
2. within scope of aothrity
3. during existence o the partnership or agency
4. after the partnership or agecy is shown by evidence other such act or declaration
5. vs such party
6. same rule applies to act or dec of joint owner debtor or hter persons jointly intereste with
the party
Persons jointly obligated
Admission must relate to the subject matter
Agents
Five standards of admissibility vs their principal
1. when the statement is operative fact of a transaction and heatsay rule isnt involved
2. when the principal has authorized the agent to speak on his behalf with referene to specific
matters
3. when the principal has ratified or adopted the statement
4. when th stataement of the agent is of res gestae quality or is made with respect to an act in
the scope of t he ageny
5. enlargement of
6. concerned a matter within the scope of a then eisting agency
REQ
1. authority proved by evidence other than his own admission
2. admission made within scope o his authority
3. ecistence of authority
REQ
1. conspiray proved bu evidence other than admission itself
2. admission relates to the common objecy
3. made while declaratnt in carrying out the conspiray
Implied conspiracyconspi can be justified by circumstantial evidence such as when there is
community of purpose and unity in design
Sec 32 Admission by silence.
REQ
1. he heard and understood the statements
2. ge was at liberty to interpose
3. it was in respect to some matter affecting his rights in which he was then interest nd
calling naturally for an answer
4. facts were within his knowledge
5. facts admitted or inference material to the issue
REQ for confession in custodial inves
1. express
2. voluntary
3. assistance of competend and independent counsel
4. written signed by such person in the presence of his counsel or in the latters absence, upon
a valid waiver and in the presence of any of the parents elder brothers and sisters, his
spouse,municipal mayor, judge, district school supervisor,priest,or minister of the gospel
5. if person arrested doesnt know how to read and write,it shall be read and adequately
explained. Otherwise, null and voi

Right
1.
2.
3.

of a person unde investigation for the commission of an offense

informed of his right to remain silent
competent and independent counsel
these rights cant be waived except in writing and in the presence of the counsel

There is custodial investigation when he ceases to be a general inquirt into an unsolved crime and
begins to focus on particular suspect
Corpus delicti- actual commission of the crim charged. Refers to body of the crime or the fact of
specific loss or injury
Evidence that one did or did not do a certain thing at one time is not admissible provr that he did
or did not do the same or a similar thing at another time. Bu it may be received to proved a
specific intent or knowledge identity plan system scheme habit custom or usage and the like
To be admissible, the other offenses are so related in time place and circumstances to the offense
charged as to have substantial probative value for the pur[ppose for which the evidenc e is
offered
There must be a logical connection between the crimes that proof of one will naturally tend to
show that the accused is the person wgo committed the crime
there must be such a causal relation that tthey may logically be said to form part of one
transaction
SIMILAR ACTS O PROVE HABIT CUSTOM OR USAGE
Habit- means a disposition or condition of the body or mind; an acquired custom or usual
repetition pf the same act or function; the custmary conduct to purse whucg ibe gas acquired a
tendency from frequent repetiotion of the same acts
Customs- course of behavior of a group of persosn regularly repeated in like circumstances
Usage or practice of the people which by common adption or acquisence and by long unvarying
habit has become compulsory and has acquired the force of a law whith respect to the place or
subject matter
Requirements for the admissibility of habit evidence
The habit must be specific routine (performed without deliberation) and continuous
ELEMENTS OF HEARSAY
1. assertion or conduct amounting to an assertion
2. made or done by someone other thn a testifying witness on the stand by an out of court
declarant
3. offered to prove the truth of the matter asserted
Res gestae
1. statements made
2. whle starling occurene is tking pace or immediately prior or subsequent thereto
3. may be given in evidence

RREQ
1. principal acy,resgestae, is a startling occurrence
2. statement made were spontaneous made before the declarant had time to contrive or
devise
3. statements made must concern the occurrence In question and its immediately attending
circumstance
must be under the active and immediate influence in connection with it as to characterize or
explain it
requisites for admissilility of verba; act
1. equivocal act
2. independently material to issue
3. statement must accompany equivocal act
4. statement must be necessary t understand the equivocal act (must aid in giving legal
significance to the act)