Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

I.

Meaning of evidence
Is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a
matter of fact.

i.

Proof vs. Evidence

o Proof is not the evidence itself, there is proof only because of evidence. It is merely the probative effect of
evidence and is the conviction or persuasion of the mind resulting from a consideration of the evidence.
o Proof is the effect or result of evidence, while evidence is the medium of proof.
Direct evidence vs. Circumstantial evidence
o Direct evidence establishes the existence of a fact in issue without the aid of any inference or
presumption. The witness testifies directly of his own knowledge as to the main facts to be proved.
o Circumstantial evidence does not prove the existence of a fact in issue directly, but merely provides for
logical inference that such fact really exists. Each proof is given of facts and circumstances from which
the court may infer other connected facts, which reasonably follow, according to the common experience
of mankind.
Positive evidence vs. Negative evidence
o Positive - when witness affirms in the stand that a certain state of facts does exist or that a certain event
happened.
o Negative - when witness states that an event did not occur or that the state of facts alleged to exist does
not actually exist. Denial is a form of negative defense.
Burden of proof (onus probandi) vs. Burden of evidence
o Burden of proof- it is the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.
o Burden of evidence- it is the duty of a party to provide evidence at any stage of the trial until he
established a prima facie case or the like duty of adverse party to overthrow that prima facie case thus
established.

ii.

iii.

iv.

II.

Kinds of evidence
A. Object (real) evidence
Those addressed to the senses of the court. When an object is relevant to the fact in issue,
it may be exhibited to, examined or viewed by the court.
B. Documentary evidence
Those evidences consist of writings or any material containing letters, words, numbers,
figures or symbols or other modes of written expressions offered as proof of their
contents.
C. Testimonial evidence
Those evidences elicited from the mouth of a witness.

III.

Admissibility of Evidence
1. Requisites for admissibility of Evidence
o Relevancy such a relation to the facts as to induce belief in its existence or non-existence.
o Competency if not excluded by law or by the rules.
2. Test of determining the relevancy or evidence
Relationship between the fact in issue and the offered evidence
3. Relevance of evidence on the credibility of a witness
In every proceeding, the credibility of the witness is always an issue because it has the inherent
tendency to prove or disprove the truthfulness of his assertions and consequently the probative
value of the proffered evidence.

IV.

Exclusionary Rule
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

1. Under the Constitution
i.
Art. II, Sections 2, 3, 12 and 17
o Section 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
o Section 3. (1) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires otherwise,
as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceeding.
Section 12. (1) Any person under investigation for the commission of an offense shall
have the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person cannot afford the services
of counsel, he must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel. (2) No torture, force, violence, threat,
intimidation, or any other means which vitiate the free will shall be used against him.
Secret detention places, solitary, incommunicado, or other similar forms of detention are
prohibited. (3) Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him. (4) The law shall provide for penal
and civil sanctions for violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their families.
o Section 17. No person shall be compelled to be a witness against himself.
ii.
Fruits of the poisonous tree doctrine
The doctrine speaks of that illegally seized documents, papers and things are inadmissible
in evidence.
Purpose: practical means of enforcing the constitutional injunction against unreasonable
searches and seizers.
2. Under the Law
1) Chain of Custody in Drug Cases: Section 21, Article II, R.A. 9165
2) R.A. 4200- Anti-Wire Tapping Act
3) R.A. 9372- Human Security Act of 2007
4) R.A. 53 as amended by R.A 1477
o

V.

Rules of Admissibility and Inadmissibility under the Rules of Court

A. Documentary Evidence
1) Best Evidence Rule: original document
o General Rule: It provides that when the subject of the inquiry is the contents of the
document, no evidence shall be admissible other than the original document itself.
o Exceptions:
1) When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror
2) When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice;
3) When the original consist of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to be
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

established from them is only the general result of the whole (Voluminous
records);
4) When the original is a public record or is recorded in a public office.
Why is the Best Evidence Rule often described as a misnomer? Because it merely requires the best
evidence available and the absence thereof, allows the introduction of secondary evidence. It is a
misnomer because it is applicable only to documentary evidence and not to testimonial and object
evidence.
2) Introduction of secondary evidence
o Secondary evidence - is that which shows that better or primary evidence exists as to
proof of the fact in question. It is the class of evidence that is relevant to the fact in issue,
it being first shown that the primary evidence of the fact is not obtainable. It performs the
same functions as that of primary evidence.
o When? It may be admitted only by laying the basis for its production and such requires
compliance with the following:
1) The offeror must prove the due execution and existence of the original document
2) The offeror must show the cause of its unavailability
3) The offeror must show that he unavailability was not due to his bad faith
o Order of presentation of secondary evidence
1) Copy of the original
2) A recital of the contents of the document in some authentic document
3) By the testimony of witness
3) Parole evidence rule
It states that when the terms of an agreement have been reduced to writing, it is
considered as containing all the terms agreed upon and there can be, between the parties
and their successor-in-interest, no evidence of such terms other than the contents of the
written agreement.
o It is any evidence aliunde (extrinsic evidence) which is intended or tends to vary or
contradict a complete and enforceable agreement embodied in a document. It may refer to
testimonial, real or documentary evidence.
o Rationale:
1) To give stability to written statements
2) To remove the temptation and possibility of perjury
3) To prevent possible fraud
o Requisites for application of Parole evidence Rule
1) There must be a valid contract
2) The terms of the agreement must be reduced to writing
3) The dispute is between the parties or their successor-in-interest
4) There is dispute as to the terms of the agreement
o Exceptions to the Parole Evidence Rule
1) An intrinsic ambiguity, mistake or imperfection in the written agreement
2) Failure of the written agreement to express the true intent of the parties
3) Validity of the written agreement
4) Existence of other terms agreed to by the parties or heir successors-in-interest
after the execution of the written agreement.
4) Interpretation of documents
5) Electronic documents
o Application: apply to all civil actions and proceedings as well as quasi-judicial and
administrative cases.
o Requisite for admissibility:
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

1) Complies with the rules on admissibility
2) Authenticated in the manner prescribed by the Rules on Electronic Evidence.
o How authenticated? 1. by evidence- digital signature, 2. Evidence of security
procedures authorized by the SC, and 3. Other evidence showing its integrity
and reliability to the satisfaction of the judge.
B. Testimonial Evidence
a) Qualification of witness:
1) Can perceive and perceiving
2) Can make known their perception to others
3) Must take either an oath or an affirmation
4) Must not possess the disqualifications imposed by law or the rules
b) Disqualifications:
1) Disqualified by reason of mental incapacity or immaturity
o Requisites:
1. The proposed witness must be incapable of making known his
perception to others
2. The incapacity must exist as of the time of his production for
examination
o Who are disqualified?
1. Mental incapacity those whose mental condition, at the time of
their production for examination, is such that hey are incapable of
intelligently making known their perception to others; je can still be
a witness during his lucid interval. The disqualification is only
absolute if the insane person is publicly known to be insane and does
not have lucid intervals.
2. Mental immaturity children whose mental maturity is such as to
render them incapable of perceiving the facts respecting which they
are examined and of relating them truthfully.
2) Disqualified by reason of marriage (Spousal immunity)
o Requisites:
1. That the spouse for or against whom the testimony is offered is a
party to the case.
2. That the spouse are validly married
3. The testimony is one that is offered during the existence of the
marriage
4. The case is not one of the exceptions provided in the rule
o General: During the marriage, neither the husband nor the wife testify for or
against the other without the consent of the affected spouse.
o Exceptions:
1. Civil case against the other
2. Criminal case for a crime committed by one against the other or the
latters direct descendants or ascendants
3. Where the testimony was made outside the marriage
o Testimony covered? The prohibition extends not only to testimony adverse to
the spouse but also to a testimony in favor of the spouse.
o Not apply to estrange relationship.
3) Disqualified by reason of death or insanity of adverse party (DEAD MAN STATUTE/
Survivorship Disqualification Rule)
o Elements for application:
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

1. The defendant in the case is the executor/administrator/representative of

the deceased or the person of unsound mind
2. The case is against the executor/administrator/representative of the
deceased or the person of unsound mind
3. The subject matter of the action is a claim or demand against the estate of
a deceased person or a person of unsound mind
4. The testimony is as to any matter of fact occurring before the death of
such deceased person or before such person became unsound mind
What is covered? It constitute a partial disqualification of a witness wherein he is
a prohibited from testifying as to any matter of fact occurring before the death or
insanity of a party to the transaction.

4) Disqualified on the ground of privileged communication:

A. Marital privilege
o Requisites:
1. There was a valid marriage
2. The privilege is invoked with respect to a confidential
communication between the spouses during the said
marriage
3. The spouse against who such evidence is being offered has
not given his consent to such testimony
o Not applicable:
1. In a civil case by one against the other
2. In a criminal case for a crime committed by one against the
other or the latters direct ascendants or descendants
o GR: third person who, without the knowledge of the spouses,
overhear the communication are not disqualified to testify
XPN: where there is collusion and voluntary disclosure to a third
party, the third party becomes an agent and cannot testify.
Distinctions between disqualification by reason of marriage and marital privilege
Disqualification by reason of
marriage
Can be invoked only if one of the
spouse is a party to the action
Applies only if the marriage is
existing at the time the testimony is
offered
Constitutes a total prohibition
against the spouse of the witness

Marital privilege
Can be claimed whether or not the
spouse is a party to the action
Can be claimed even after the
marriage has been dissolved
Applies only to confidential
communications between the
spouses
B. Attorney-client privilege
o Requisites:
1. Attorney-client relation
2. The privilege is invoked with respect to a confidential
communication between them in the course of professional
employment
3. The client has not given his consent to the attorneys
testimony or if the attorneys secretary, stenographer or clerk
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

is sought to be examined that both the client and the attorney
have not given their consent
o Not applicable in communications which are:
1. Intended to be made public
2. Intended to be communicated to others
3. Intended for an unlawful purpose
4. Received from third persons not acting in behalf or as agents
of the client
5. Made in the presence of third parties who are strangers to the
attorney-client relationship
C. Doctor-patient privilege
o Requisites:
1. Action involves a civil case
2. The relation of physician and patient existed between the
person claiming the privilege or his legal representative and
the physician
3. The advice or treatment given by him or any information
was acquired by the physician while professionally attending
to the patient
4. The information was necessary for the performance of his
professional duty
5. The disclosure of the information would tend to blacken the
reputation of the patient
o Not applicable when:
1. Not given in confidence
2. Irrelevant to the professional employment
3. Made for unlawful purpose
4. Intended to be made public
5. Waived either by contract o law
D. Minister-penitent privilege
o Requisites:
1. The confession must have been made to the priest in his
professional character
2. Communications made must be confidential and penitential
in character
o Not applicable when? When the communication is not penitential in
character as when what is divulged is the plan to commit a crime.
E. Public officer as regards communications made in official confidence (Public
interest Privilege)
o Requisites:
1. The communications must have been made to a public
officer
2. The communication was given to the public officer in
official confidence
3. That public interest would suffer by the disclosure of the
communication
o Not applicable if what is asked:
1. Is useful evidence to vindicate the innocence of an accused
2. Lessen the risk of false testimony
3. Is essential to the proper disposition of the litigation
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

4. The benefit to be gained by a correct disposition of the
litigation was greater than any injury which could inure to
the relation by a disclosure of the information.
F. Parental and Filial Privilege Rule
o Rule 130, Section 25. Parental and filial privilege no person may
be compelled to testify against his parents, other direct ascendants,
children or other direct descendants.
G. Hearsay Evidence Rule
It states that a witness can testify only to those facts which he knows of based on his
personal knowledge or those which are derived from his own perception.
o Elements:
1. There must be an out-of-court statement
2. That the statement made out of court, is repeated and offered
by the witness in court to prove the truth of the matters
asserted by the statement.
o Rationale: There is no opportunity for cross-examination hence it is
not subject to the test of truth
o Hearsay evidence any evidence, whether oral or documentary and
its probative value is not based on personal knowledge of the witness
but on the knowledge of some other person not on the witness stand.
Exceptions to the Hearsay Rule:
1. Dying declaration
o The ante mortem statements made by a person after the mortal wound
has been inflicted under the belief that the death is certain, stating the
fact concerning the cause of and the circumstances surrounding the
attack.
o Requisites:
a. The declaration is one made by a dying person
b. The declaration was made by said dying person under a
consciousness of his impending death
c. The declaration refers to the cause and circumstances
surrounding the death of the declarant
d. The declaration is offered in a case wherein the declarants death
is the subject of the inquiry
e. The declarant is competent as a witness had he survived
2. Declaration against interest
o Rule 130, Section 38. The declaration made by a person deceased or
unable to testify against the interest of the declarant, if the fact asserted
in the declaration was at the time was made so far contrary to declarants
own interest, that a reasonable man in his position would not have made
the declaration unless he believed it to be true, may received in evidence
against himself or his successors in interest and against third parties.
3. Acts or declaration about pedigree
o Requisites:
a. The declarant is dead or unable to testify
b. The pedigree should be in issue
c. The declarant must be a relative of the person whose pedigree is
in question
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

d. The declaration must be made before the controversy occurred

e. The relationship between the declarant and the person whose
pedigree is in question must be shown by evidence other than
such act or declaration
What does pedigree include?
1. Relationship
2. Family genealogy
3. Birth
4. Marriage
5. Death
6. Dates when and the place where these facts occurred
7. Names of the relatives
8. Facts of family history intimately connected with pedigree

4. Family reputation or tradition regarding pedigree

o Requisites:
1. There is controversy in respect to the pedigree of any member of
the family
2. The reputation or tradition of the pedigree of the person
concerned existed previous to the controversy
3. The witness testifying to the reputation or tradition regarding
pedigree of the person concerned must be a member of the
family of said person either by consanguinity or affinity
5. Common reputation
o Common reputation - it is the definite opinion of the community in
which the fact to be proved is known or exists.
o Requisites:
1. The facts must be of public or general interest and more than 30
years old
2. The common reputation must have been ancient (30 years old)
3. The reputation must have been one formed among a class of
persons who were in a position to have some sources of
information
4. The common reputation must have been existing previous to the
controversy
6. Part of res gestae
o An exception to the hearsay rule, it refers to those exclamations and
statements by either the participants, victims or spectators to a crime
immediately before, during or immediately after the commission of the
crime, when the circumstances are such that the statements were made as
spontaneous reactions or utterances inspired by the excitement for the
declarant to deliberate and fabricate a false statements
o Requisites:
1. The principal act or res gestae is a starling occurrence
2. The statement is spontaneous or was made before the declarant
had to contrive or devise and the statement is made during the
occurrence or immediately prior or subsequent thereto
3. The statement made must concern the occurrence in question and
its immediately attending circumstances
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

Distinctions between Res Gestae from Dying declaration
RES GETAE
It is the event itself which speaks
May be made by the killer after or
during the killing or that of a third
person
May precede or accompany or
follow the principal act
Justification is the spontaneity of the
statement

DYING DECLARATION
A sense of impending death takes
place of an oath and the law regards
the declarant as testifying
Can be made by the victim only
Confined to matters occurring after
the homicidal act
Justification is the trustworthiness,
being given by the person who was
aware of his impending death

7. Entries in the course of business

o Requisites:
1. The person who made the entry must be dead or unable to testify
2. The entries were made at or near the time of the transaction to
which they refer
3. The entrant was in a position to know the facts stated in the
entries
4. The entries were made in his professional capacity or in the
performance of a duty
5. The entries were made in the ordinary or regular course of
business or duty
8. Entries in official records
o Requisites:
1. Entries were made by a public officer in the performance of his
duties enjoined by law
2. Entrant had personal knowledge of the facts stated by him or
such facts were acquired by him from reports made by persons
under a legal duty to submit the same
3. Such entries were duly entered in a regular manner in the official
records
o What is the probative value of these entries? It is only prima facie
evidence of the facts stated therein.
9. Commercial list and the like
o Requisites:
1. Statements of matters of interest to persons engaged in an
occupation
2. Statements must be contained in a list, register, periodical or
other published compilation
3. Compilation is published for use by persons engaged in that
occupation
4. Such is generally relied upon by them
10. Learned treaties
o When are learned treaties admissible?
1. When the court can take judicial notice of them
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

2. When an expert witness testifies that the author of such is
recognized as expert in that profession.
11. Testimony or deposition at a former proceeding
o Requisites:
1. Witness whose testimony is offered in evidence is dead or unable
to testify
2. The testimony or deposition was given in a former case or
proceeding, judicial or administrative, between the same parties
or those representing the same interest
3. Former case involved the same subject as that in the present
case, although on different causes of action
4. Issue testified to by the witness in the former trial is the same
issue involved in the present case
5. Adverse party had an opportunity to cross-examine the witness
in the former case
Opinion testimony
o General Rule: The opinion of a witness is not admissible
Exceptions:
1. Opinion of expert witness the opinion of a witness on matter
requiring special knowledge, skill, experience or training which
he is shown to possess, may be received in evidence.
2. Opinion of ordinary witness the opinion of a witness for which
proper basis is given, may be received in evidence regarding:
a. The identity of a person about whom he has adequate
knowledge
b. A handwriting with which he has sufficient familiarity
c. The mental sanity of a person with whom he is
sufficiently acquainted
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a person.
Independent relevant statements
o These are statements which are relevant independently of whether they
are true or not. They are neither hearsay nor an exception to the hearsay
rule as the purpose thereof is not to prove the truth of the declaration or
document. They are relevant since they are facts in issue or are
circumstantial evidence of the facts in issue.
C. Object Evidence
Objects as evidence are those addressed to the senses of the court.
Requisites for admissibility: It must
1. e relevant to the fact in issue
2. Be authenticated before it is admitted
3. Not be hearsay
4. Not be privileged
5. Meet any additional requirement set by law
i.

Demonstrative Evidence
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ii.

VI.

Tangible evidence that merely illustrate a matter of importance in the litigation. Intends to
show that the demonstrative object failry represents or illustrates what it is allege to be
illustrated
DeoXyriBinuCleic Acid (DNA) Evidence
DNA is the chain of molecules found in every nucleated cell of the body.
o DNA evidence it constitutes the totality of the DNA profiles, results
and other genetic information directly generated from DNA testing of
biological samples.
Application: The rules on DNA evidence does not preclude a DNBA testing, without
need of a prior court order, at the behest of any party, including law enforcement
agencies, before a suit or proceeding is commenced.

Admissions and Confessions

Admission it is an act, declaration or omission of a party as to a relevant fact which may be given in
evidence against him. It is 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.
Confession it is a categorical acknowledgement of guilt made by an accused of the offense charged or
of any offense necessarily included therein, without any exculpatory statement or explanation.
Principle of Adoptive Admission it states that a party may, by his words or conduct, voluntarily adopt or
ratify anothers statement.
1) Admissions by a party
Requisites:
1. Must involve matters of fact and not of law
2. Must be categorical and definite
3. Must be knowingly and voluntarily made
4. Must be adverse to the admitters interest
Classes:
1. Express it is a positive statement of act
2. Implied it is one which may be inferred from the declaration or acts of a person
3. Judicial when made in the course of a judicial proceeding
4. Extrajudicial when made our of court
5. Adoptive it is a partys reaction to a statement or action by another person when it
is reasonable to treat the partys reaction as an admission of something stated or
implied by the other person. A third persons statement becomes the admission of the
party embracing it.
2) Offer of compromise
In civil cases, an offer of compromise is not an admission of any liability and is not
admissible in evidence against the offeror
In criminal cases, except those involving quasi offense (criminal negligence) or those allowed
by law to be compromised, an offer of compromise by the accused may be received in
evidence as an implied admission of guilt.
3) Admission by third party
The rights of a party cannot be prejudiced by an act, declaration or omission of another,
except as hereinafter provided.
4) Admission by co-partner or agent
Requisites:
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

1. The act or declaration of a partner or agent of the party must be within the scope of
his authority
2. During the existence of the partnership or agency
3. After the partnership or agency is shown by evidence other than such act or
declaration
5) Admission by a conspirator
Requisites:
1. The declaration or act be made or done during the existence of the conspiracy
2. The declaration or act must relate to the conspiracy
3. The conspiracy must be shown by evidence other than the declaration or act
6) Admission by privies
Requisites:
1. There must be privity between the party and the declarant
2. The declarant as predecessor-in-interest made the declaration while holding the title
to the property
3. The admission relates to the property
7) Admission by silence
There is admission by silence when a party does or says nothing when he hears or observes
an act or declaration made in his presence when such act or declaration is usch as naturally to
call for action or comment if not true, and when proper and possible for him to do so. Such
may be given evidence against him.
Not applicable: Under an official investigation.
8) Confession
It is a categorical acknowledgement of guilt made by an accused of the offense charged or of
any offense necessarily included therein, without any exculpatory statement or explanation.
Classes:
1. Judicial confession is one made by the accused before a court in which the case is
pending and in the course of legal proceedings therein and by itself, can sustain
conviction,
2. Extrajudicial confession is one made in any other place or occasion and cannot
sustain a conviction unless corroborated by evidence of corpus delicti.
VII.

Similar Acts Rule

The rule prohibits the admission of the so called propensity evidence which is evidence that tends to
show that what a person has done at one time is probative of the contention that he has done a similar act
at another time.
When admissible? Where such evidence may prove
1. Specific intent
2. Knowledge
3. Identity
4. Plan
5. System
6. Scheme
7. Habit
8. Custom
9. Usage
10. The like
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VIII.

Matters that need no proof

1) Mandatory judicial notice
If the fact to be proved are:
a. Existence and territorial extent of States
b. Political history, forms of government and symbols of nationality
c. Law of nations
d. Admiralty and maritime courts of the world and their seals
e. Political constitution and history of the Philippines
f. Official acts of legislative, executive and judicial departments of the Philippines
g. Laws of nature
h. Measure of time
i. Geographical divisions
2) Discretionary judicial notice
Discretionary a court may take judicial notice of matter which are:
a. Of Public Knowledge
b. Capable of unquestionable demonstration
c. Ought to be known by judges because of their judicial functions
3) Facts admitted or not denied if they are sufficiently alleged in the pleadings
4) Facts legally presumed
Conclusive presumptions A presumption is conclusive when the presumption becomes
irrebutable upon the presentation of the evidence and any evidence tending to rebut the
presumption is inadmissible. The following are the conclusive presumptions under the Rules of
Court:
a. Estoppel in pais whenever a party has, by his own declaration, act or omission,
intentionally and deliberately led another to believe a particular thing to be true and to act
upon such belief, he cannot, in any litigation arising out of such declaration, act or
omission, be permitted to falsify it.
b. Estoppel by deed the tenant is not permitted to deny the title of his landlord at the time
of the commencement of the relation of landlord and tenant between them.

Disputable presumptions these presumptions are satisfactory if uncontradicted, but may be

contradicted or overcome by other evidence. When the evidence that rebuts the presumption is
introduced, the force of the presumption disappears.

5) Judicial Admissions
It is an admission, verbal or written, made by a party in the course of the proceeding in the same
case, which does not require proof.
Elements:
1. It must be made by a party to the case or his counsel
2. It must be made in the course of the proceedings in the same case
3. It can be verbal or written admission, there is no particular form required.
Remedy available to a party who gave a judicial admission?
a. Written admission - file a motion to withdraw such pleasding
b. Oral admission the counsel may move for the exclusion of such admission
How judicial admissions may be contradicted?
1. That it was made through palpable mistake
2. That there is no such admission was made
3. To prevent manifest injustice
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

6) Extra-judicial Confessions
is one made in any other place or occasion and cannot sustain a conviction unless
corroborated by evidence of corpus delicti.
IX.

Burden of proof and Presumptions

1) Civil
2) Criminal
3) Presumptions

CIVIL CASE
Plaintiff
Defendant
To show the truth of his allegations if
If he raises an affirmative defense
the defendant raises a negative
defense
CRIMINAL CASE

X.

Prosecution

Accused

Because of
presumption of
innocence

When he admits the

offense/crime
charged but raises
justifying
exempting
circumstances or
absolutory causes

Presentation of Evidence
A. Examination of witnesses
1) Examination in open court
o The examination of witnesses presented in a trial or hearing shall be in open court and
under oath or affirmation.
2) Rights and obligations of a witness
a. To be protected from irrelevant, improper or insulting questions and from harsh or
insulting demeanor
b. Not to be detained longer than the interest of justice require
c. Not to examined except only as to matters pertinent to the issue
d. Not to give answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law (right against self-incrimination)
e. Not to give answer, which will tend to degrade his reputation (right against selfdegradation)
Exceptions to Right against Self-degradation:
1. Such question is directed to the very fact at issue
2. If it refers to his previous final conviction for an offense
3) Order in the examination of a witness
1.) Direct examination examination-in-chief of a witness by a party presenting him on the
facts relevant to the issue.
2.) Cross examination examination by the adverse party as to any matters stated in the
direct examination or connected therewith, with sufficient fullness and freedom to test his
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

accuracy and truthfulness and freedom from interest, or bias or the reverse and to elicit all
important facts bearing upon the issue.
3.) Re-direct examination re-examination by the party calling him to explain or supplement
his answer given during the cross-examination. Questions on matters not dealt with
during the cross-examination, may be allowed by the court in its discretion.
4.) Re-cross examination re-examination by the adverse on matters stated in his re-direct
examination and also on such other matters as mya be allowed by the court in its
discretion.
4) Impeachment of adverse partys witness
It is a technique employed usually as part of cross-examination to discredit a witness
testimony by attacking his credibility.
Methods:
1. By contradictory evidence
2. By evidence that his general reputation for truth, honesty or integrity of the
witness is bad
3. By prior inconsistent statements laying the predicate
5) Impeachment of own witness; exceptions
GR: A party may not impeach his own witness
XPN: The witness is an:
1. Unwilling or adverse witness so declared by the court
2. Adverse party
3. Officer of the adverse party who is a juridical person
6) Impeachment by prior inconsistent statement
Procedure:
1. The witness must be confronted with such statements with the circumstances of
the times, places and the persons present in which they were made
2. The witness must be asked whether he made such statements and if so alloiwed
to explain them
3. If the statement be in writing it must be show to the witness before any question
is put to him concerning them
Elements:
1. Alleged statements must be related to the witness including the circumstances of
the times and places and the persons present. If the statements are inwriting they
must be shown to him.
2. He must be asked whether he made such statements and also to explain them if
he admits making those statemens.
7) Impeachment by other means
8) Exclusion of witnesses
9) Examination of child witness
B. Authentication and proof of documents
1) Classes of documents
a. Public document
The written official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines or of
a foreign country.
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

Documents acknowledged before the notary public except last wills and
testaments
Public records kept in the Philippine or private documents required by law to be
entered therein.
b. Private document all other writings are private
2) Authentication of documentary evidence
a) Private document
o When requires authentication? When a private document is offered in
evidence as authentic, there is a need to prove its due execution and
authenticity.
o When not required?
a) When the genuiness and due execution of thje document is
admitted by the adverse party
b) When such genuineness and due execution are immaterial to the
issue
c) When the document is an ancient document
1. The private document is more than 30 years old
2. It is produced from a custody in which it would naturally
be found if genuine
3. It is unblemished by any alterations or circumstances of
suspicions
b) Public document presumption of genuinety.
C. Offer of evidence and Objection
o Offer of evidence the court shall consider no evidence which has not been formally
offered. The purpose for which the evidence is offered must be specified.
1) Importance/Rationale of offer
a. For the court to determine whether that piece of evidence should be admitted or not
b. Evidence submitted for one purpose may not be considered for any other purpose
c. For the adverse party to interpose the proper objection
2) When to make offer
o The proper time to offer evidence depends on its form
o With respect to testimonial or oral evidence, the offer must be made at the time the
witness is called to testify
o For documentary and object evidence, it shall be offered after the presentation of a
partys testimonial evidence. Such offer shall be done orally unless allowed by the court
to be done in writing
3) Objection
o The proper time to make a protest or objection against the admission of evidence depends
on the manner the evidence is offered.
a. Objection to evidence offered orally must be made immediately after the offer is
made.
b. Objection to a question propounded in the course of the oral examination of a
witness shall be made as soon as the grounds therefore become reasonable
apparent.
c. In case of an officer of evidence in writing, the objection must be within 3 days
after notice of the offer unless a different period is allowed by the court.
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

4) Remedy for evidence not formally offered:
1. By tender offer
2. By evidence on motion
3. Evidence that were duly authenticated and marked during the trial and form part of the record
can be pointed out to the court for its consideration.
XI.

Weight and Sufficiency of Evidence

Preponderance of evidence
This is the quantum of evidence applicable to civil cases. It means the greater or superior weight
of evidence. The evidence that is more convincing and credible than the one offered by the
adverse party.
Matters to determine where preponderance of evidence lies
1. All the facts and circumstances of the case
2. The witnesses manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which there are testifying
3. The nature of the facts to which they testify
4. The probability or improbability of their testimony
5. Their interest or want of interest
6. Their personal credibility so far as the same may legitimately appear upon the
trial
7. The number of witnesses, though the preponderance is not necessarily with the
greater number
Proof beyond reasonable doubt
This quantum of evidence has application to criminal procedure. It does not mean such degree of
proof, as, excluding possibility of error, produces absolute certainty. Only moral certainty is
required or that degree of proof which produces conviction in an unprejudiced mind.

It is that state of the case which after the entire comparison and consideration of all the
evidence leaves the mind of the judge in that condition that he cannot say that he feels an
abiding conviction to a moral certainty of the truth or the charge.
Moral certainty it only requires moral certainty or that degree of proof which produces
conviction in an unprejudiced mind.

Substantial evidence
The amount of relevant evidence which a reasonable mind might accept as adequate to justify
conclusion.
This degree of evidence applies to cases filed before administrative and quasi-judicial bodies. It
requires that in order to establish a fact, the evidence should constitute that amount of relevant
evidence which a reasonable mind might accept as adequate to support a conclusion.
Clear and convincing evidence
Evidence is a clear and convincing if it produces in the mind of the trier of fact a firm belief or
conviction as to allegations sought to be established. It is intermediate, being more than
preponderance, but not to the extent of such certainty as required beyond reasonable doubt in
criminal cases.
Areas of application:
i.
Granting or denial of bail in extradition
ii.
When proving a charge of bias and partiality against a Judge.
iii.
When proving forgery
iv.
When proving ownership over land in annulment or reconveyances if the title
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Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.

v.
vi.

When invoking self- defense

When proving the allegation of frame up and extortion by police

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