Parental Filiation

Q: Can a parent testify against a child and vice versa?

A: yes, but he cannot be compelled?
NOTE: with respect to the child.
Under the Family Code. Article 215 provides that a child can be compelled to testify
when:
1. If his testimony is indispensable in a crime is committed against him or
2. If his testimony is indispensable in a crime committed by one parent
against the other parent.
Hearsay evidence rule
Sec 36 of Rule 130
Hearsay Rule- you cannot testify on the basis of another. You have to testify on the
basis of personal knowledge.
Example:
Pedro talked to William. Pedro said Jose shot Mario, I saw it with my two eyes
Q: Who has personal knowledge?
A: Pedro
Q: Who is supposed to testify?
A: Pedro, because he has the personal perception.
Pedro received the subpoena to testify against Jose. On the day of the trial, Pedro
suddenly died.
NOTE: Remember the purpose of the testimony. If it is to prove that Jose really killed
Mario then such evidence is hearsay. BUT if the purpose is to testify as to the tenor
of the statement of Pedro and not as to the truth of what Pedro told him, it is not
hearsay.
IDEPENDENTLY RELEVANT STATEMENT

GR: Hearsay Evidence is not admissible because the

person who has personal knowledge cannot be examined
in court.
XPNS: hearsay evidence that are admissible
1. Dying Declaration
Reason: a person who knows that he is dying and would meet his creator
would tell the truth than lie and go to hell.

It is the declaration of a person while he was dying

Requisites:
a. The statement of the person who later on died, must be a
statement concerning the circumstances of his death or his injury
as the case may be.
Example: A, a dying man told B that he has an illegitimate
child.
This is not a dying declaration because such statement is not

about his death.

b. Consciousness of impending death
Q: Is the opinion of the witness admissible?
A: GR: NO because the witness is not supposed to testify his conclusion and
opinions.
XPN: expert witness
XPN to XPN:
1. An ordinary witness can testify as to the handwriting of another witness.
He doesnt have to be an expert witness. (Rule 132 of ROC)
2. Testifying as to the identity of the person. ( because these matters are
within the range normal experience)
3. Mental condition of a person
Q: What are the kinds of Documents under the Rules?
A: Public and Private Documents
Memorize public documents
NOTE: Connect sec 19 to sec 30 of rule 132 Notarized documents
Q: Are notarized documents public documents?
A: yes.
NOTE: A will even if notarized remains a private instruments
NOTE: if you are holding a public document, you dont have to prove its authenticity
because such is presumed.
Q: When it is required to prove the authenticity of a private document?
A: It depends upon your purpose.
1. If you are proving it as genuine, you have to prove its authenticity and due
execution

2. If you are not proving its genuineness or authenticity you only have to
identify it.
Q: How do you prove the authenticity of a private document?
A: By the genuineness of the handwriting and by the person who saw it executed.
Q: Are there private documents offered wherein you do not have to prove its
authenticity?
A: yes. Ancient Documents (Sec. 21 of Rule 132)
Genuineness of handwriting (sec. 32)
Rule on authorized document (sec. 30)

Distinction between burden of evidence and burden of proof.

1. Both have the BOP in a civil case, because the burden of proof is not the
burden of the plaintiff. It is the burden of the party. ( Plaintiff- claim and
Defendant- defense)
NOTE: Burden of proof is fixed, but the Burden of evidence changes from
time to time accdng to the evidentiary situation
Examples:
- The plaintiff has presented convincing evidence, then the defendant
has the BOE to rebut the evidence.
- If during the course of the trial, the defendant is showing beautiful
convincing evidence, then the plaintiff has the BOE to rebut such
evidence.

2. In criminal case, the prosecution has the burden of proving the guilt of the
accused beyond reasonable doubt.
Keyword in beyond reasonable doubt MORAL CERTAINTY

NOTE: In civil case the quantum of evidence is preponderance of evidence.

Keyword: superior weight of evidence.
Note: in admin case the quantum of evidence is substantial evidence
Keyword: adequate to support a conclusion.
NOTE: Clear and convincing evidence is usually used to rebut a presumption.
It is usually used in bail hearings, extradition cases, disbarment and
suspension cases.

Definition: in the case of Govt of Hongkong v Olalia jr. April 19, 2007).
Clear and convincing evidence is a quantum of evidence lower than
a proof beyond reasonable doubt but higher than preponderance of
evidence.
Q: What are the two conclusive presumption under the rules?
A: Rule 131, sec. 2 (MEMORIZE)
Such presumption are based on the principle of estoppel.
1. Presumption that the contract has cause
2. Presumption of regularity
3. Presumption that a prior installment has been paid if there is a receipt of
later installment

Q: why are you going to make objections in a trial?

A:
1. To keep out from the record in admissible evidence
2. To prevent a waiver of evidence that is inadmissible.
NOTE: OFFER OF EVIDENCE IS DIFFERENT FROM IDENTIFICATION OF EVIDENCE.
Identification:
Marking of evidence as exhibit a. etc.
OFFER OF EVIDENCE
Formal offer of exhibits.
1. Description
2. Nature
3. Purpose
NOTE: If your evidence has been disregarded by the court. There is still a remedy.
The remedy is to make a tender of excluded evidence so that it will still be part of
the records. So that later on the court will understand on appeal that the lower court
has committed a mistake.
Q: What if it is an oral evidence that is excluded?
A: Make a tender of evidence orally. Briefly state what the witness should have
stated.
Note: offer of evidence is different from offer of proof.
The former is the formal offer of exhibits while the latter is the offer of excluded
evidence.