VII. EVIDENCE (A.M. No. 19-08-15-SC) Flashcards
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
1. Factum Probandum vs. Factum Probans
2. Proof vs. Evidence
3. Burden of Proof vs. Burden of Evidence bopocd boers
- Weight and Sufficiency of Evidence – Rule 133
- Admissibility; Relevance and Competence – Rule 128
relate all 5 briefly
1)
Factum probandum refers to the ULtiMate FACT to be proved or the Basis of COA, while factum probans refers to the EVIDENCE or FactS that ProVe the factum probandum.
2)
Proof is the ESTABLISHMENT of Truth or validity, while evidence is the INFORMATION presented to SUPPORT or REFUTE a claim in a legal or logical context.
3)
Burden of proof refers to the OBLIGATION to Establish a claim or defence, while burden of evidence pertains to the Responsibility to Present SUFFICIENT evidence to meet the burden of proof.
4.
The weight of evidence refers to its PersuasiVe FORCE or Probative Value, while sufficiency of evidence concerns WHETHER there’s ENOUGH Evidence to meet the Burden of Proof.
Weight is not admissibility
5.
Admissibility determines whether evidence can BE Presented in court, relevance assesses its CONNECTION to the case, and competence evaluates whether the evidence MEETS legal standards for reliability and trustworthiness.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
1. Factum Probandum vs. Factum Probans
illustrate
These Latin terms are used in legal contexts to distinguish between the fact to be proven and the evidence used to prove it. Here’s a breakdown of their key differences and similarities:
Differences:
1) Function:
Factum Probandum: This is the ULTIMATE FACT that a party in a case needs to establish to win their case. It’s the core issue they are trying to prove. Basis of COA
(e.g., In a theft case, the factum probandum is that the defendant stole the plaintiff’s property.)
Factum Probans: This is a piece of evidence that is presented to convince the court of the factum probandum. It’s a building block used to support the ultimate fact. (e.g., In the theft case, a witness testimony stating they saw the defendant leaving the scene with the stolen property could be a factum probans.)
2) Strength:
Factum Probandum: The fact to be proven needs to be established with a certain degree of certainty depending on the type of case (criminal vs. civil).
Factum Probans: Evidence varies in its persuasiveness and weight. Some evidence might be more convincing than others in establishing the factum probandum.
3) Focus:
Factum Probandum: Focuses on the desired outcome of the case (what needs to be proven).
Factum Probans: Focuses on the specific information presented to support the desired outcome.
Similarities:
A) Relationship: Both are essential elements in any legal case. The factum probans are the building blocks used to establish the factum probandum.
B) Legal Relevance: Both must be legally relevant to the case at hand. Irrelevant facts or evidence will not be considered by the court.
C) Evaluation by Court: Ultimately, the court decides how convincing the evidence (factum probans) is in establishing the factum probandum.
Examples:
* Factum Probandum: A person was murdered.
* Factum Probans:
- Fingerprint evidence found at the crime scene matches the defendant.
- Witness testimony placing the defendant near the crime scene at the time of the murder.
- Security footage showing the defendant entering and leaving the victim’s residence.
In this example, the fingerprints, witness testimony, and security footage are all factum probans used to establish the murder (factum probandum). The court will then evaluate the strength and credibility of this evidence to determine if it convinces them beyond a reasonable doubt (in a criminal case) that the murder occurred.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
- Judicial Notice; Mandatory and Discretionary – Rule 129, secs. 1-3
C Recgnz someF as T w/o E
Disc if 3 - PUJ
Recognize Facts as True
Judicial Notice Explained: Mandatory vs. Discretionary
Judicial notice is a legal doctrine that allows courts to recognize certain facts as true without requiring formal proof through evidence.
This streamlines the legal process and avoids wasting time on facts that are not realistically disputed. The Philippines Rules of Court (Section 1 and 2) define two types of judicial notice: mandatory and discretionary.
Key Points of Judicial Notice:
* Saves time and resources in court proceedings.
* Reduces the burden of proof for certain facts.
* Strengthens the court’s knowledge base when relevant.
Mandatory Judicial Notice (Section 1):
- The court MUST Take judicial notice of specific facts WITHOUT WaitinG for a party to introduce evidence.
Examples:
1. Existence and territories of states (e.g., the Philippines is an archipelago)
2. Political history and government forms (e.g., the Philippines is a democratic republic)
3. The Philippine Constitution and its history
4. Official acts of the Philippine government (e.g., national laws)
5. Laws of nature (e.g., gravity exists)
6. Geographical divisions (e.g., Luzon, Visayas, Mindanao)
Discretionary Judicial Notice (Section 2):
- The court MAY take judicial notice of certain facts, but it’s NOT ObligateD to do so.
- The court has the Discretion to Decide.
These facts fall under three categories:
1. Public knowledge: Facts widely known and readily available to the general public (e.g., historical events, common cultural practices).
2. Unquestionable demonstration: Facts that can be easily proven with readily available and verifiable sources (e.g., scientific principles, mathematical formulas).
3. Judicial expertise: Facts that judges, by virtue of their experience and training, should be familiar with (e.g., common legal terms, standard business practices).
Illustrations:
a) Mandatory Notice: In a land dispute case, the court doesn’t need proof that the Philippines is an archipelago (geographic division under mandatory notice).
b) Discretionary Notice: If a contract dispute involves a technical term from a specific industry, the court Might use its discretion to take judicial notice of the Term’s Meaning if it’s widely known within that industry (public knowledge under discretionary notice). However, the court might require the party referencing the term to provide some supporting evidence (like industry publications) to clarify its meaning.
Important Note:
Even in mandatory judicial notice situations, a party can argue against the court taking notice of a specific fact if there’s a compelling reason to do so (e.g., a disputed historical event).
In both mandatory and discretionary situations, the court can always hear arguments from both parties before deciding on judicial notice.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
- Judicial Admission – Rule 129, sec. 4
GR:Auto True - court dont need Proof
EXC: by Mistake
This rule deals with admissions Made During a legal case:
Key Points:
1) Statements made by a party in the current case (oral or written) are automatically considered true by the court (don’t need proof).
2) You can only challenge these admissions by showing:
a) A clear mistake was made (palpable mistake).
b) The statement wasn’t actually made by the party.
Example 1: During a car accident lawsuit, the defendant admits in court they ran a red light. The court will accept this as true.
Example 2 (Challenge): The defendant claims the admission was a mistake because they meant to say yellow light. Here, they’d need to convince the court it was a genuine misunderstanding (palpable mistake).
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
- Presumptions – Rule 131
WhoNeeds2
HowAssAffcts
BoPr - duty2Convince C of ur C/D vs
BoEv - resp to PRES ENOUGH EVid
Key Points on Burden of Proof, Evidence & Presumptions (Philippines):
These rules deal with who needs to present evidence in court (burden of proof & evidence) and
how certain assumptions (presumptions) can affect a case.
Burden of Proof vs. Evidence:
A) Burden of Proof: This is the overall duty to convince the court of your case (claim or defense) by a certain standard (e.g., beyond reasonable doubt in criminal cases). It never shifts.
B) Burden of Evidence: This is the Responsibility to Present ENOUGH evidence for a specific fact at a particular stage in the case. It can shift between parties depending on the situation.
Presumptions:
These are assumptions the court can make unless the other party provides evidence to the contrary. There are two main types:
1) Conclusive Presumptions: These are unshakeable assumptions. (e.g., a tenant can’t deny their landlord’s title at the start of the lease).
2) Disputable Presumptions: These can be challenged with evidence. (e.g., a person is presumed innocent, but the prosecution can present evidence to overcome this).
Examples:
1) Car Accident: (Presumption of Care) The driver who rear-ends another car is presumed to be negligent (not careful). They would have the burden of evidence to show they acted reasonably (e.g., sudden brake failure).
2) Missing Person: (Presumption of Death) If someone is missing for 7 years (or less in certain situations), they are presumed dead for legal purposes (like inheritance). This can help settle affairs.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
1. Object Evidence – Rule 130, A
2. Documentary Evidence – Rule 130, B
3. Testimonial Evidence – Rule 130, C
compare 3 briefly
Means2DisprvProveFacts
Physical/Tangbl
Recorded/Wrtn
OralTesti - W desc their ObsExp K
comparison 3 ODT kinds of evidence with examples:
Object Evidence (Rule 130, A):
This type of evidence consists of physical objects or tangible items presented in court to prove or disprove facts.
Examples include weapons, clothing, or stolen property recovered from a crime scene.
Documentary Evidence (Rule 130, B):
Documentary evidence refers to written or recorded materials, such as contracts, letters, or official records, presented in court to support a party’s claims or defences.
For instance, a written agreement between two parties can serve as documentary evidence in a contract dispute case.
Testimonial Evidence (Rule 130, C):
Testimonial evidence is provided by witnesses who testify orally in court regarding their observations, experiences, or knowledge relevant to the case.
This can include eyewitness accounts, expert opinions, or confessions made on the witness stand.
In summary, object evidence involves physical items, documentary evidence includes written or recorded materials, and testimonial evidence consists of oral testimony given by witnesses.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
1. Object Evidence – Rule 130, A
OE - Sh Ex Vie
This rule highlights two key points about objects as evidence in Philippine law:
1) Relevance:
Objects can only be presented as evidence if they are relevant to a fact in question.
2) Court Examination:
Relevant objects can be shown, examined, or even viewed directly by the judge or jury.
Examples:
a) Murder Weapon: In a murder trial, the bloody knife allegedly used by the defendant can be presented as evidence if it connects them to the crime (relevance). The judge and jury would then be able to examine the knife (court examination).
b) Traffic Accident: In a car accident case, a crumpled fender from one of the vehicles can be shown if it helps establish how the collision occurred (relevance). The judge could then view the fender to assess the damage (court examination).
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Documentary Evidence – Rule 130, B
a. Original Document Rule - EXPLAIN
b. Secondary Evidence
c. Parol Evidence
EXPLAIN DOCUMENTARY EVIDENCE IN GENERAL
- any Writ/Recrdd Mat to Prove C
OdRule - when subj of Inq is Cont of doc, the O must be Produced in C.
Exc if its Lo or Des, the 2ndary E is allowed eg. Duplicate copies, Certfd C, or Testimonies
This rule outlines what constitutes documentary evidence in legal proceedings:
Definition of Documentary Evidence: It includes any form of recorded material containing letters, words, sounds, numbers, symbols, or other written expressions presented To PROVE their CONTENTS.
This encompasses a broad range of mediums, such as written documents, recordings, photographs, and other visual or audio materials.
Inclusion of Photographs: The definition of documentary evidence explicitly mentions photographs, which encompass various forms like still pictures, drawings, stored images, x-ray films, motion pictures, or videos. This broad definition ensures that visual evidence in any format can be admitted in court.
Illustrative Example:
In a personal injury case resulting from a car accident, the plaintiff presents several pieces of documentary evidence:
Written police reports detailing the circumstances of the accident.
Medical records documenting the injuries sustained by the plaintiff.
Photographs taken at the accident scene showing the position of the vehicles and the extent of damage.
X-ray films displaying the injuries suffered by the plaintiff.
Video footage from nearby surveillance cameras capturing the accident as it occurred.
All of these materials fall under the definition of documentary evidence and can be admitted in court to support the plaintiff’s claims or the defendant’s defences.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Testimonial Evidence – Rule 130, C
a. Qualifications and Disqualifications of Witnesses – Sections 21-24 -
EXPLAIN QUALIFICATIONS & DISQUALIFICATIONS
Any1 who can P&C their Obs can be a W
But these 3 are DQ to be W
1) Limited K eg. hearsay
2) Marital Privilege
3) Privilege communication - Lawyers, doctors, religious ministers
Key Points on Qualification and Disqualification of Witnesses (Philippines)
These rules define who can be witnesses in court and under what circumstances they might be disqualified.
- Qualifying as a Witness (Section 21):
In general, Anyone Who can Perceive and Communicate their OBSERVTNS can be a witness.
This includes people of ALL Ages, religions, and backgrounds (as long as they understand the proceedings). - Disqualification Exceptions (Section 20a):
Religious or political Beliefs,
having an interest in the case’s outcome,
or even a criminal past (unless otherwise specified by law) generally DON’T DISQUALIFY someone from being a witness. - Disqualification Reasons:
1) Limited Knowledge (Section 22): Witnesses can only testify about things they personally know and have perceived themselves (not hearsay).
2) Marital Privilege (Section 23): Spouses cannot generally testify against each other, except in specific situations like domestic violence or crimes against close relatives.
3) Privileged Communication (Section 24): Certain professionals cannot disclose confidential information received during their work:
a) Lawyers: Cannot reveal communications from clients without their consent (except in rare situations like planning a crime).
b) Doctors and Therapists: Cannot disclose patients’ medical or mental health information without consent (except in some cases like suspected abuse).
c) Religious Ministers: Cannot disclose confessions or advice given in a religious context.
d) Government Officials: Cannot disclose confidential information received while in office, if it would harm the public interest.
Examples:
1) Car Accident: A bystander who witnessed a car accident can be a witness and testify about what they saw (assuming they remember the details).
2) Business Deal Gone Wrong: A business partner can’t be disqualified from testifying against their former partner just because they have an interest in the outcome of the lawsuit (contract dispute).
3) Domestic Violence: A wife can testify against her husband if he physically assaulted her (exception to marital privilege).
4) Therapy Session: A therapist cannot reveal details about a patient’s therapy session without their consent, even in court (unless a crime is suspected).
5) Government Investigation: A government official who learned of illegal activity through confidential sources cannot be forced to reveal those sources in court if it could compromise future investigations.
Remember:
The judge ultimately decides if a witness is qualified and if their testimony is relevant and admissible.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Testimonial Evidence – Rule 130, C
b. Testimonial Privilege (2) – Sections 25-26
-Parental Priv
-& TradeSec Priv
a testimonial privilege is a special rule that allows some people to keep their conversations private, even in court. This applies to certain relationships, like spouses or doctors and patients
Key Points on Testimonial Privilege (Philippines)
These sections introduce additional limitations on who must testify in court, protecting certain relationships and confidential information.
1) Parental and Filial Privilege (Section 25):
- Close family members generally don’t have to testify against each other (parents, grandparents, children, grandchildren).
- Exceptions exist when the testimony is essential:
In a crime committed against the family member themselves (e.g., child abuse).
In a crime committed by one parent against the other (e.g., domestic violence).
2) Trade Secret Privilege (Section 26):
- A person cannot be forced to reveal trade secrets in court (formulas, processes, etc. that give a business an advantage).
- Exceptions occur if not revealing the trade secret would:
/ Conceal fraud (e.g., a secret process used to create a dangerous product).
/ Cause injustice (e.g., a trade secret used to steal a competitor’s design).
/ Even when disclosure is required, the court will try to protect the secrecy through measures like closed hearings.
Examples:
- Child Witness: In a child custody case, a child wouldn’t be forced to testify against a parent, even if they know details about the family situation.
- Witness to Domestic Violence: A child who witnessed a parent being assaulted by the other parent could be compelled to testify (exception to parental privilege).
- Secret Recipe Case: In a lawsuit between two restaurants, a chef might not have to reveal their secret sauce recipe if the recipe itself isn’t relevant to the case.
- Fraudulent Invention: If a company is accused of stealing a product design through a trade secret, they might be forced to reveal some details about their design process if it can prove they developed it independently (exception to trade secret privilege).
Remember:
These privileges can be complex, and the judge will weigh the competing interests (protecting family relationships, protecting confidential information, and ensuring justice) when deciding if a witness can use a privilege to avoid testifying.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Testimonial Evidence – Rule 130, C
c. Admissions and Confessions – Sections 27-34
Own statements made in court can be used as evidence
“Admission Acknowledges Facts; Confession Acknowledges Guilt”
Key Points on Admissions and Confessions (Philippines)
These sections define how a person’s own statements (admissions) and confessions can be used as evidence in court.
A) Admissions (Sections 27, 29, 30, 32, 33):
1) A party’s statements or actions related to a relevant fact in a case can be used against them in court (Section 27).
2) Statements by someone else (third party) generally can’t harm your case (Section 29).
3) Exceptions exist for admissions made by:
- Authorized Agents or Partners: Statements made by someone you authorized to speak for you (e.g., business partner within their scope of work) can be used as evidence (Section 30).
- Conspirators: Statements made by a co-conspirator in furtherance of the crime can be used against all co-conspirators (Section 31).
- Predecessors in Title: If you inherit property, statements the previous owner made about the property can be used as evidence (Section 32).
- Implied Admissions by Silence: If someone makes a statement in your presence that you would naturally respond to if untrue, but you stay silent, that silence might be seen as an implicit admission (Section 33).
B) Confessions (Section 34):
1) A confession is a direct statement by the accused acknowledging their guilt for the crime charged (or a lesser included offense).
2) Confessions are a strong form of evidence against the accused.
Examples:
1) Contract Dispute: In a contract dispute, a company’s email admitting they missed a deadline could be used as evidence against them.
2) Witness to a Crime: A witness might testify that they overheard the defendant admitting to a crime (statement by someone else wouldn’t normally be admissible (hearsay), but this could be an exception if the witness can establish the defendant and the witness were co-conspirators).
3) Inheritance Case: If someone inherits a house and there’s a dispute about its condition, a previous statement by the deceased owner admitting to foundation problems could be used as evidence.
4) Shoplifting Arrest: If a security guard apprehended someone for shoplifting, and the suspect remained silent when accused, that silence might be seen as an implied admission (depending on the circumstances).
5) Murder Confession: If a suspect tells the police they committed a murder, that would be a clear confession that could be used as evidence.
Remember:
The admissibility of admissions and confessions can be complex. Factors like whether the statements were made voluntarily and under duress will be considered by the court.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Testimonial Evidence – Rule 130, C
d. Previous Conduct as Evidence – Sections 35-36
-one cant Use Past actions for another situation (that adverse party did the same thing again)
Key Points on Previous Conduct as Evidence (Philippines)
These sections deal with how a person’s past actions (prior acts) can be used as evidence in court.
a) General Rule (Section 35):
Generally, you can’t use someone’s past actions to simply prove they did (or didn’t) the same thing again in another situation (propensity evidence).
b) Exceptions When Past Conduct Is Admissible (Section 35):
1) To prove a specific intent or knowledge:
Example: Someone accused of fraud might have a history of similar scams, suggesting they intentionally committed the current offense.
2) To establish identity:
Example: Security footage of a robbery with a distinctive tattoo might be used to identify the suspect if they have the same tattoo.
3) To show a plan, system, or scheme:
Example: Evidence of a defendant casing multiple jewelry stores before a robbery suggests a planned operation.
4) To prove habit, custom, or usage:
Example: Evidence of a driver’s history of speeding tickets might be relevant in a reckless driving case.
c) Unaccepted Offers (Section 36):
This section deals with contracts, not past conduct as evidence.
It states that if someone offers to settle a dispute with a written offer (money, property, etc.) and the offer is unreasonably rejected, it’s treated legally as if they actually fulfilled the offer.
Remember:
The judge has discretion to decide if past conduct is relevant enough under an exception to be admitted as evidence.
Section 36 is unrelated to past conduct and deals with the legal consequences of rejecting a settlement offer.
Examples:
1) Embezzlement Trial: In an embezzlement trial, the prosecution can’t simply introduce evidence that the defendant stole money from a previous employer to prove they stole from their current employer (general rule). However, if the defendant previously embezzled using a similar method (e.g., fake invoices), that might be admissible to show a specific scheme (exception).
2) Hit-and-Run Case: In a hit-and-run case, a witness might testify they saw the defendant speed through red lights earlier that day (habit).
3) Contract Dispute: In a contract dispute, if a company offered to fix a faulty product but the customer unreasonably refused, the company might use the offer as evidence they were willing to fulfill their obligations (Section 36).
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
3. Testimonial Evidence – Rule 130, C
e. Hearsay; Exceptions – Sections 37-50
STATE THE RULE ON HEARSAY
ooC statement offered to prove the T of the matter asserted in the statement
Understanding Hearsay for the Philippine Bar Exam
Hearsay evidence is a fundamental concept in Philippine evidence law. This section (Section 37) defines hearsay and outlines exceptions where it might be admissible in court.
A) What is Hearsay?
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement.
In simpler terms, it’s when someone tells you something someone else said, and you want to use that “second-hand” information as evidence of the truth.
B) Why is Hearsay Generally Excluded?
- Hearsay evidence is generally UNRELIABLE because:
The original speaker isn’t present in court for cross-examination, which tests the truthfulness of the statement.
The person repeating the statement might have misunderstood, misremembered, or even fabricated what they heard.
C) Exceptions to the Hearsay Rule:
There are situations where hearsay evidence can be admitted in court. Here are a few key exceptions you’ll need to understand for the bar exam:
1) Declarant Testifies and is Subject to Cross-Examination:
- If the original speaker (declarant) testifies at the trial and can be cross-examined about the out-of-court statement, the hearsay might be admissible under certain conditions:
* Inconsistent Statement: The statement contradicts what the declarant is now saying in court (e.g., witness initially said they saw A commit the crime, but now claims they saw B).
* Consistent Statement for Support: The statement supports what the declarant is saying in court, but only if the other party has implied the witness is lying or has been influenced (bolstering a witness’s credibility).
* Identification: The statement identifies a person the declarant previously perceived (e.g., witness shortly after a crime says, “That’s the person who robbed me!”).
- Other Exceptions (Not Covered Here):
* The bar exam might test you on other hearsay exceptions found throughout the Rules of Court (e.g., dying declarations, excited utterances). Be sure to study these additional exceptions thoroughly.
Examples:
Example 1 (Excluded Hearsay):
You want to prove your neighbor caused a car accident. You can’t simply testify that a witness told you they saw your neighbor speeding (hearsay). The witness would need to testify themselves and be subject to cross-examination.
Example 2 (Inconsistent Statement Exception):
In a robbery case, the witness initially says they saw the defendant at the crime scene, but later claims they were mistaken. The prosecutor might be able to use the witness’s initial out-of-court statement (hearsay) because it contradicts their current testimony.
Example 3 (Consistent Statement Exception):
A defense attorney is trying to show their client wasn’t at the crime scene. They call a friend of the client who testifies the client was with them at a movie all evening. The prosecution might be allowed to introduce evidence (e.g., social media post) showing the client planned to meet someone near the crime scene that night (hearsay used to challenge the friend’s testimony).
Remember:
Understanding hearsay and its exceptions is crucial for the bar exam. Be sure to study the different exceptions and how they apply in various situations.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
3. Testimonial Evidence – Rule 130, C
f. Opinion – Sections 51-53
GR: O of w are INADMISSIBLE
EXC:
O of EXPERT W
O of Ord W if w AdeqK on id, hand, mental of another
These sections outline the rules regarding the admissibility of opinion evidence in Philippine courts:
- Section 51 - General Rule: The general rule is that opinions of witnesses are NOT ADmissible unless specified otherwise in the following sections, indicating a preference for factual testimony over opinions.
- Section 52 - Opinion of Expert Witness: Allows for the admission of opinions from witnesses possessing SPECIAL SKETE knowledge, skill, experience, training, or education relevant to the matter at hand. This acknowledges the expertise of certain individuals whose opinions can ASsist the Court in UNderstanding COMplex iSSues.
- Section 53 - Opinion of Ordinary Witnesses: Permits the admission of opinions from ordinary witnesses under specific circumstances, such as when the witness has ADEQUATE KNOWLEDGE about the identity of a person, familiarity with a handwriting, or sufficient acquaintance with the mental sanity of an individual. Additionally, witnesses can testify about their impressions of a person’s emotion, behavior, condition, or appearance if they have observed them firsthand.
Illustrative Example:
In a case involving the authenticity of a signature on a contract, the court may admit the opinion of a handwriting expert (under Section 52) who can analyze the signature and provide an expert opinion on its genuineness based on their specialized knowledge and training.
Similarly, if a witness has known a person for many years and is sufficiently acquainted with their mental state, their opinion on the mental sanity of that person may be admitted under Section 53(c).
Furthermore, if a witness observes a person’s behavior immediately after a traumatic event, they may testify about their impressions of the person’s emotional state (under Section 53) to provide insight into their mental condition at that time.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
3. Testimonial Evidence – Rule 130, C
g. Character Evidence – Section 54
GR : Evidence about someone’s character or reputation CAN NOT be Used to prove
that they acted in a Certain way
or committed an alleged act,
Based SOLELY on that character trait.
Inadmisbl.
3exc
Section 54 deals with the general rule against using a person’s Character to PREDICT their actions in a specific situation. However, there are exceptions that allow character evidence to be introduced in court under certain circumstances.
General Rule:
- You can’t generally use someone’s character (good or bad) to simply prove they did (or didn’t) something specific because of their character (propensity evidence).
Exceptions:
There are three main categories of exceptions where character evidence can be introduced:
A. Criminal Cases:
Character of the Victim: The victim’s character can be introduced if it’s relevant to the LIKELIHOOD of the crime being committed (e.g., a known peaceful person being accused of initiating a violent fight).
Defendant’s Character:
The Defendant can introduce evidence of their GOOD character relevant to the crime charged (e.g., someone accused of theft showing a history of honesty).
The prosecution can only introduce evidence of the defendant’s bad character to rebut this good character evidence, not as their main case.
B. Civil Cases:
Character evidence is only allowed if it directly relates to a SPECIFIC issue of character relevant to the case (e.g., someone’s truthfulness being questioned in a fraud case).
C. Character of Witnesses:
Generally, you CAN NOT introduce evidence about a witness’s good character UNTIL their Character has been ATTACKED by the other side (e.g., by calling them a liar).
How Character Evidence Can be Proven:
1) By reputation: Witnesses can testify about a person’s general reputation for a particular character trait (e.g., “Everyone knows him as a kind and honest person”).
2) By opinion: Witnesses can offer their personal opinion about a person’s character trait (e.g., “In my experience, he’s always been trustworthy”).
Specific Instances of Conduct:
On cross-examination, you can ask about specific past actions (good or bad) to challenge the reputation or opinion testimony about someone’s character (e.g., asking a character witness about a past arrest).
In rare cases, where character is an essential element of the case (e.g., defamation lawsuit), specific instances of conduct can be directly introduced as evidence.
Examples:
Example 1 (Excluded Character Evidence):
The prosecution in a robbery case can’t simply introduce evidence that the defendant has a history of stealing to prove they committed the current robbery (general rule).
Example 2 (Character of Victim - Exception):
In a murder trial, the defense can introduce evidence that the victim was known for being violent and aggressive (exception) if it suggests the victim might have initiated the confrontation that led to their death.
Example 3 (Defendant’s Good Character - Exception):
A defendant accused of embezzlement can introduce evidence of their history of working as a responsible financial manager (exception).
Example 4 (Character of Witness - Rebuttal):
If a witness is accused of lying on the stand (character attacked), the other side can introduce evidence of the witness’s reputation for truthfulness (rebuttal).
Remember: Understanding character evidence and its exceptions is crucial for legal proceedings. Knowing when and how to use character evidence effectively can be a strategic advantage.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
C. Presentation of Evidence (Rule 132)
1. Examination of Witnesses – Sections 1-18
In an Open C, under O
Q&A us recorded
Protectn fr Irr, Ins, improper Q
What is the order of exmntn
Key Points and Steps for Witness Examination in Philippine Courts (Rule 132):
General Principles:
1) Open Court and Under Oath: Witness examinations happen in open court, with witnesses testifying under oath or affirmation (Sections 1 & 2).
2) Recording: The entire proceeding, including questions, answers, and statements, is recorded (Section 2).
Witness Rights and Obligations:
* Witnesses must answer questions, even potentially self-incriminating ones, but have specific rights (Section 3):
- Protection from irrelevant, improper, or insulting treatment.
- Reasonable time limitations.
- Answering only relevant questions.
- Refusal to answer questions that could lead to self-incrimination (except for prior convictions).
- Refusal to answer reputation-damaging questions (unless directly related to the case).
Order of Examination:
* The examination of each witness follows a specific order (Section 4):
1) Direct Examination: The party presenting the witness asks questions To ESTABLISH their case (Section 5).
2) Cross-Examination: The opposing party questions the witness to test their credibility and uncover weaknesses (Section 6).
3) Re-Direct Examination: The party presenting the witness can ask CLARIFYING or supplementary questions (Section 7).
4) Re-Cross-Examination: The opposing party can question the witness AGAIN on Matters Raised DUring re-direct (Section 8).
Objections and Limitations:
A) Leading Questions:
Generally not allowed except during cross-examination, preliminary matters, dealing with difficult witnesses, or with unwilling/hostile witnesses and adverse parties (Section 10).
B) Impeachment:
- Adverse party’s witness can be discredited by contradictory evidence, bad reputation for truthfulness, or prior inconsistent statements (Section 11).
- Witness’s conviction of a serious crime can be used for impeachment (Section 12).
- A party cannot impeach their own witness, except for unwilling/hostile witnesses or adverse parties themselves (Section 13).
- Before impeaching with prior inconsistent statements, the witness must be confronted with the statements and allowed to explain (Section 14).
C) Witness Exclusion and Separation: The court can exclude witnesses from hearing each other’s testimonies (Section 15).
Memory Refreshment:
A) Witnesses can use written or recorded memorandums to refresh their memory about events they witnessed (Section 16).
B) The opposing party has the right to inspect the memorandum and potentially introduce it as evidence.
Completeness Rule:
* If one party introduces part of a conversation, writing, or record, the other party can introduce the entire relevant portion for context (Section 17).
Inspecting Shown Documents:
* Whenever a writing is shown to a witness, the opposing party has the right to inspect it (Section 18).
Example:
* A car accident case:
- The plaintiff (person claiming injury) calls an eyewitness to the accident (direct examination).
- The defendant’s lawyer (cross-examination) might ask questions to test the witness’s memory or perception of the events.
- The plaintiff’s lawyer (re-direct examination) might ask CLARIFYING questions to strengthen the witness’s testimony.
- By following these steps and adhering to the rules, lawyers can effectively present their cases through witness examination.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
C. Presentation of Evidence (Rule 132)
- Child Witness Rule – A.M. No. 00-4-07-SC, secs. 4, 6, 8, 20 and 28
Definition of terms
Child Witness: Someone under 18 years old testifying in court. (Example: A 12-year-old abuse victim)
Child Abuse: Physical, psychological, or sexual abuse, or neglect (as defined by law). (Example: Hitting a child, neglecting to feed a child)
Facilitator: A court-appointed person asking questions of a child witness. (Example: A social worker trained to speak with children)
Record Regarding a Child: Any document or recording containing a child’s identifying information. (Example: Police report about a child abuse case)
Guardian ad Litem: A court-appointed adult protecting a child’s interests in legal proceedings. (Example: A lawyer representing a child’s best interests)
Support Person: Someone chosen by the child to provide emotional support during court appearances. (Example: A parent, therapist, or trusted friend)
Best Interests of the Child: What promotes the child’s safety, security, and development. (Example: Ensuring a child feels safe during testimony)
Developmental Level: A child’s stage of growth in physical, emotional, and cognitive abilities. (Example: Considering a child’s age and understanding when asking questions)
In-depth Investigative Interview: A specialized interview to gather details about possible child abuse. (Example: Conducted by trained professionals to minimize re-traumatization)
VII. EVIDENCE (A.M. No. 19-08-15-SC)
C. Presentation of Evidence (Rule 132)
- Authentication and Proof; Public and Private Documents – Sections 19-33
Documents:
Public vs Private w/c is not Public
Pub doc (eg. Authentic) if
A. Notarized or
B. Public records from official acta of Government bodies or agencies
Under Section 19 of the Philippine rules of evidence, the key points regarding public documents versus private documents are:
- Definition of Public Documents: Public documents are those that involve written OFFICIAL acts or records of sovereign authority, official bodies, tribunals, or public officers, whether from the Philippines or a foreign country. This includes Documents ACKNOWLEDGED before a NOTARY public (excluding last wills and testaments), documents considered public under treaties or conventions between the Philippines and another country, and PUBLIC RECORDs of PRIVATE documents required by law to be entered in the Philippines.
- Examples of Public Documents: Examples of public documents include government-issued certificates (such as birth certificates or marriage certificates), official records of government agencies or courts, notarized contracts or agreements, and documents recognized as public under international agreements.
- Presumption of Authenticity: Public documents are generally PRESUMED to be AUTHENTIC and accurate, given their official nature and the involvement of government authorities or notary publics in their creation or acknowledgment.
-
Private Documents: All other writings that DO NOT FALL under the definition of public documents are considered private.
This includes personal correspondence, contracts between private individuals or entities not acknowledged before a notary public, and other documents not required by law to be entered into public records.
Understanding the distinction between public and private documents is important in the context of evidence rules in the Philippines because the admissibility and weight of documents as evidence may vary depending on their classification. Public documents typically carry more weight and credibility due to their official nature and the presumption of authenticity.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
C. Presentation of Evidence (Rule 132)
- Apostille – Section 24
PubDoc eg BC may be authenticated by DFA so it can be used in Spain, mamber of Hague ApConv
A key concept introduced in this amendment is the Apostille, a method for simplifying the AUTHENTICATION of PUBLIC DOCUMENTS for use abroad.
Here’s a breakdown of the key points:
What is an Apostille?
- An Apostille is a standardized certificate issued by a designated authority in a country that is part of the Hague Apostille Convention. It verifies the authenticity of a public document originating from that country, making it admissible in another member country of the Convention without further legalization or authentication.
How does A.M. No. 19-08-15-SC recognize Apostille?
- Section 24 of the amended Rules on Evidence recognizes the Apostille Convention as a method for proving official records (documents issued by public authorities).
- Scenario: If a Philippine court document needs to be used in a country that is part of the Apostille Convention (e.g., Spain, Japan, France), the document can be authenticated with an Apostille issued by the Department of Foreign Affairs (DFA) in the Philippines. This Apostille eliminates the need for further legalization by the Spanish, Japanese, or French embassy/consulate in the Philippines.
Benefits of Apostille:
1) Simplifies the process: Apostille reduces the time and complexity of getting documents authenticated for use abroad.
2) Reduces costs: Eliminates the need for multiple layers of legalization, potentially saving on fees.
3) Increases international cooperation: Apostille promotes smoother legal proceedings and document exchange between member countries.
Important Notes:
- A.M. No. 19-08-15-SC applies when both the issuing and receiving countries are part of the Hague Apostille Convention.
- For countries not part of the Convention, traditional legalization procedures may still apply.
- It’s crucial to verify the specific requirements of the receiving country for using apostilled documents.
Examples of Public Documents Requiring Apostille (depending on specific needs):
- Birth certificates
- Marriage certificates
- Death certificates
- Educational diplomas and transcripts
- Court orders and judgments
- Commercial documents (e.g., company registration certificates)
In Conclusion:
A.M. No. 19-08-15-SC streamlines the process of using Philippine public documents abroad by recognizing the Apostille Convention.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
C. Presentation of Evidence (Rule 132)
- Offer and Objection; Tender of Excluded Evidence – Sections 34-40
The provided sections from the Philippine Rules of Court outline the procedures and requirements for offering evidence, making objections, and handling excluded evidence during trial proceedings. Here are the key points:
Offer of Evidence (Sections 34-35):
- All evidence must be formally offered orally to the court, specifying the purpose for which it is being offered.
- Testimonial evidence (witness testimony) must be offered when the witness is called to testify.
- Documentary and object evidence must be offered after presenting testimonial evidence.
Example: The prosecutor calls a witness and states, “Your Honor, we offer the testimony of Mr. Smith regarding the events of the robbery.” For a document, “We offer Exhibit A, the bank statement, to prove the amount stolen.”
Objections (Sections 36-37):
- Objections to the offer of evidence must be made orally and immediately after the offer, specifying the grounds.
- For witness testimony, objections for lack of formal offer must be made as soon as the witness begins testifying.
- Objections to specific questions must be made when the grounds become reasonably apparent.
- If questions are of the same objectionable class, a continuing objection can be recorded instead of repeating it.
Example: “Objection, your Honor. The testimony is hearsay and lacks personal knowledge.” Or, “We have a continuing objection to this line of questioning about inadmissible character evidence.”
Ruling on Objections (Section 38):
- The court must rule on objections immediately unless it needs reasonable time to consider the issue.
- The ruling must be made during the trial to allow parties to address the situation.
- The court need not state reasons for sustaining or overruling, unless the objection has multiple grounds.
Striking Out Testimony (Section 39):
- If an objection is sustained, the court can order improper testimony or narration to be stricken from the record.
- The court can also strike out incompetent, irrelevant, or otherwise improper answers on proper motion.
Tender of Excluded Evidence (Section 40):
- If evidence is excluded by the court, the offering party may have it attached to or made part of the record.
- For excluded oral testimony, the offeror can state the witness details and substance of the proposed testimony for the record.
Example: “Your Honor, we tender the excluded bank statement as Exhibit A for identification purposes and make it part of the record.”
These rules aim to ensure an orderly process for presenting evidence, making timely objections, obtaining proper rulings, and preserving excluded evidence for potential appeals, while maintaining control over the proceedings.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
D. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)
-Subs for DT of W in certain Sit >
> Q&A format, swornt to NP
-When availed? crim pen not more than 6Y exc if accused agree regardless of pen
-civil aspect of criminal case can use JA
Here are the two main reasons why this rule was issued:
1) To Promote Efficiency in Trials: The rule aimed to expedite trials by allowing the use of judicial affidavits as a substitute for direct testimony of witnesses in certain situations. Judicial affidavits are sworn statements prepared in advance and submitted to the court, potentially saving time during courtroom proceedings.
2) To Reduce Backlogs in Cases: The Philippines has a significant backlog of court cases. By allowing the use of judicial affidavits, the rule aimed to free up court time for other matters and potentially lead to a faster resolution of cases.
Key Points of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC) in the Philippines:
This rule aims to streamline trials by allowing the use of judicial affidavits under specific circumstances. Here’s a breakdown of the key points:
1. When Judicial Affidavits Can Be Used (Section 1):
* The rule applies to criminal cases where the maximum penalty does not exceed six years.
* It also applies to any criminal case if the accused agrees to the use of judicial affidavits, regardless of the penalty.
* The civil aspect of any criminal case can also utilize judicial affidavits.
Example: In a theft case with a penalty of less than six years, both the prosecution and the defendant can submit judicial affidavits from their witnesses instead of calling them to testify directly in court.
2. Purpose and Content (Section 2 & 3):
* Judicial affidavits are used as a substitute for a witness’s direct testimony during trial.
* The affidavit should be a question-and-answer format, sworn before a notary public, and detail the witness’s relevant knowledge about the case.
* Parties submitting the affidavit must also attach relevant documentary or object evidence (marked as exhibits) to support the witness’s testimony.
Example: A witness who saw the theft can submit a judicial affidavit detailing what they saw, when, and where. Photos or CCTV footage of the incident can be attached as exhibits to strengthen the witness’s testimony.
3. Presentation and Objections (Section 4 & 5):
* The party presenting the affidavit must state its purpose at the start.
* The opposing party can object to the use of the affidavit by questioning the witness’s competency or challenging the affidavit’s content based on admissibility rules.
Example: During the trial, the prosecutor presents a judicial affidavit from a witness who saw the theft. The defense lawyer might object, arguing the witness wasn’t at the scene when the crime occurred.
4. Restrictions and Court Control (Section 6 & 7):
* No further judicial affidavits or documentary evidence can be admitted after the initial submissions.
* The court retains control over the use of judicial affidavits. They can exclude them if they violate the rules or deem direct testimony necessary.
Example: The prosecution cannot submit a second judicial affidavit with additional information after the initial one is presented.
* The judge can still decide a witness with a crucial judicial affidavit needs to appear in court for direct questioning for further clarification.
Overall, the Judicial Affidavit Rule aims to expedite trials by allowing sworn statements in advance while maintaining the opportunity for objections and ensuring the court’s control over the proceedings.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
E. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)
Electronic Document: “Functional Equivalent of Paper”:
Digital Signature: “Secure Authentication”
Electronic Signature: “Distinctive Electronic Mark”
BER- replaced by ODR : printout
Key Points of the Rules on Electronic Evidence (Philippines)
These rules aim to establish how electronic documents and data messages can be admitted as evidence in court. Here’s a breakdown of the key points with examples:
1. Scope and Applicability (Rule 1):
- These rules apply to any electronic documents or data messages used as evidence in civil, criminal, and administrative cases (S. 1).
- If a specific situation isn’t covered by these rules, existing court rules and relevant laws on evidence will still apply (Section 3).
Example: Emails exchanged during a contract negotiation can be considered electronic evidence in a civil case.
2. Definitions (Rule 2):
- The rules define key terms like “electronic document,” “digital signature,” and “electronic signature” (Section 1).
- These definitions clarify what constitutes electronic evidence and how it can be authenticated (proven genuine).
Example: A digitally signed PDF contract can be considered an electronic document with a secure digital signature.
3. Electronic Documents as Legal Documents (Rule 3):
- Electronic documents are considered functionally equivalent to traditional paper-based documents for legal purposes (Section 1).
- They can be admitted as evidence if they meet the standard admissibility rules and are properly authenticated according to these electronic evidence rules (Section 2).
Example: A printout of an email exchange, proven to be an accurate representation of the original electronic message, can be used as evidence in court.
4. Best Evidence Rule and Copies (Rule 4):
- A printout of an electronic document can be considered the original evidence under the Best Evidence Rule if it accurately reflects the electronic data (Section 1).
- Copies of electronic documents are generally admissible, but not always. Exceptions exist if the authenticity of the original is questioned or admitting the copy would be unfair (Section 2).
Example: A company can submit a printout of an electronic order confirmation as evidence of a purchase, assuming it accurately reflects the original online order.
5. Authentication of Electronic Documents (Rule 5):
- The party presenting an electronic document as evidence has the burden of proving its authenticity (Section 1).
- This can be done through various methods, including digital signatures, other security procedures, or by demonstrating the document’s integrity and reliability (Section 2).
Example: A company can use a digital signature certificate issued by a trusted authority to authenticate a digital contract.
6. Electronic Signatures (Rule 6):
- Both electronic signatures and digital signatures, when properly authenticated, are considered legally equivalent to a handwritten signature on a paper document (Section 1).
- The rules outline different ways to authenticate these electronic signatures (Section 2).
- Once authenticated, presumptions are established regarding the signer’s identity, intent, and the validity of the signature process (Section 3 & 4).
Example: A digitally signed online petition with verified signatures from all participants can be considered valid evidence of public support for a cause.
7. Weight of Electronic Evidence (Rule 7):
- Courts consider various factors when determining the weight or credibility of electronic evidence (Section 1).
- These factors include the RELIABILITY OF THE METHODS used to generate, store, and transmit the electronic document, as well as the integrity of the information system involved (Section 1 & 2).
Example: A blurry cellphone video recording of an incident might be given less weight compared to a high-resolution security camera recording of the same event.
8. Business Records as Exception to Hearsay Rule (Rule 8):
- Electronically generated business records, like sales reports or customer data, can be admitted as evidence even though they might be considered hearsay (information from someone not present in court).
- This exception applies if the records are created and kept in the ORDINARY COURSE of business (Section 1).
- The opposing party can challenge the trustworthiness of these records (Section 2).
Example: An electronic record of a customer’s online purchase history can be used as evidence to prove the purchase, even though the record itself wasn’t created by the customer directly.
9. Method of Proof (Rule 9):
- Affidavits (sworn statements) can be used to establish the admissibility and weight of electronic evidence (Section 1).
- The person making the affidavit must be competent to testify on the matters mentioned and can be cross-examined in court (Section 1 & 2).
Example: A company IT specialist can submit an affidavit explaining the process used to create and store electronic customer records, helping to establish their reliability as evidence.
10. (Continued) Electronic Testimony (Rule 10):
- Courts can authorize witnesses to testify electronically under certain circumstances (Section 1). They will consider the NECESSITY and ensure the rights of all parties are protected (Section 1).
- Electronic testimony proceedings must be transcribed and certified as accurate (Section 2).
- The electronic recordings and transcripts become part of the case record and are considered prima facie evidence (meaning they are accepted as true unless challenged) (Section 3).
Example: A witness residing overseas can be authorized to testify electronically in a court case, allowing them to participate remotely while still being subject to questioning.
11. Audio, Video, and Ephemeral Evidence (Rule 11):
- Recordings like audio, video, and photographs can be admitted as evidence if properly <AEI> identified, explained, and authenticated (Section 1).
This usually involves establishing WHO made the recording and its accuracy.</AEI> - Ephemeral electronic communications, like text messages or chat conversations, can be proven by the TESTIMONY of participants or other competent evidence (Section 2). Recordings of such communications follow the rules for audio/video evidence (Section 2).
Example: A security camera video recording of a robbery can be admitted as evidence if authenticated by the SECURITY personnel who maintain the system.
Overall, these Rules on Electronic Evidence in the Philippines aim to streamline the use of electronic documents and communication in legal proceedings. They establish guidelines for authentication, weight, and methods of presenting this type of evidence while ensuring fairness and accuracy in court.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
F. Rules on the Use of Body-Worn Camera in the Execution of Warrants
Key Points of AM No. 21-06-08-SC on Body-Worn Cameras in Warrant Execution (Philippines)
Focus on Recording Events:
* This resolution mandates the use of body-worn cameras by law enforcement officers when executing arrest and search warrants (Sec 3).
* This aims to promote transparency, accountability, and provide evidence of how the warrant was served (e.g., use of force, adherence to procedures).
Recording Requirements:
* Officers are required to wear at least two devices: a body-worn camera and one alternative recording device (e.g., secondary camera) (Section 3).
* This ensures recording redundancy in case of technical malfunctions.
* In situations where body-worn cameras are unavailable, officers must secure court approval to use alternative recording devices before warrant execution (Sec 3).
Notification of Recording:
- Officers must notify, “as early as practicable,” the person being arrested and other individuals present that the warrant execution is being recorded (Sec 2).
- This informs those involved that their actions will be captured on camera.
Content of Recordings:
* Recordings should capture the relevant events surrounding the warrant execution, including:
- Initial approach to the location.
- Announcement of the warrant and purpose of the officers’ presence.
- Search or arrest procedures.
- Interactions with individuals involved.
- Use of force, if any (Sec 3).
Exceptions to Recording:
* There might be limited situations where recording is not feasible due to exceptional circumstances, such as:
- Threat to officer or public safety.
- Protecting the privacy of irrelevant individuals not involved in the warrant execution (subject to court approval).
Consequences of Non-Compliance:
* Failure to use body-worn cameras or alternative recording devices, without reasonable grounds, can render evidence obtained during the warrant execution INADMISSIBLE in court (Section 7).
Example:
- Police officers with body-worn cameras arrive at a house with a search warrant for illegal drugs.
- As they approach the house, they activate their cameras.
- Upon entering, they announce their presence, show the warrant, and explain they are searching for drugs.
- The entire search process, including interactions with the residents, is recorded.
- If drugs are found, the body-worn camera footage can be used as evidence in court alongside the seized drugs.
- This footage can also be used to demonstrate the legality of the search and the officers’ conduct.
Overall, AM No. 21-06-08-SC promotes transparency and accountability in law enforcement by requiring the recording of warrant executions. This can benefit both law enforcement and citizens by providing a clearer picture of events.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
- Proof vs. Evidence - ILLUSTRATE
“Evidence Supports; Proof Confirms” .. the fact in issue. - Burden of Proof vs. Burden of Evidence
- Weight and Sufficiency of Evidence – Rule 133
- Admissibility; Relevance and Competence – Rule 128
Proof and evidence are crucial concepts in Philippine evidence law, but they hold distinct meanings:
Differences:
1) Degree of Certainty:
Proof: This refers to a level of conviction strong enough to establish a fact. In a criminal case, proof needs to be “beyond reasonable doubt.” In civil cases, proof can be established by a “preponderance of evidence” (more likely than not).
Evidence: This is any information presented to the court to prove or disprove a fact. Evidence itself doesn’t guarantee a specific level of certainty.
2) Conclusion vs. Support:
Proof: Represents the final conclusion reached after considering all relevant evidence.
Evidence: Provides building blocks for reaching a conclusion (proof). It’s the data used to support or refute a claim.
3) Subjectivity:
Proof: The level of proof required is a legal standard, but the judge or jury ultimately decides whether the evidence presented is convincing enough to reach proof. This can involve some degree of subjective evaluation.
Evidence: Ideally, evidence itself should be objective and verifiable facts or information.
Similarities:
A) Interdependence: Proof relies on evidence. Without strong evidence, it’s impossible to establish proof.
B) Relevance: Both proof and evidence must be relevant to the issue at hand. Irrelevant information won’t contribute to establishing proof.
C) Persuasion: The goal of both evidence and proof is to persuade the court of a particular fact. Strong evidence helps build a convincing case that leads to proof.
Examples:
Scenario: A car accident lawsuit where the plaintiff claims the defendant caused the accident by running a red light.
Evidence:
Witness testimony stating they saw the defendant’s car disregard the red light.
Traffic camera footage capturing the accident scene, potentially showing the red light and the car’s movements.
Proof:
Based on the presented evidence (witness testimony and camera footage), the judge or jury might determine that the evidence is convincing enough to establish proof (beyond a reasonable doubt) that the defendant ran a red light and caused the accident.
Remember: Evidence paves the way for proof, but it’s the court that ultimately decides if the evidence presented meets the legal standard of proof required for the specific case.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
- Proof vs. Evidence
- Burden of Proof vs. Burden of Evidence - ILLUSTRATE
- Weight and Sufficiency of Evidence – Rule 133
- Admissibility; Relevance and Competence – Rule 128
“Burden of Proof Establishes (the T of C/D); Burden of Evidence Shifts (d on presented E & prog of C)”
Burden of proof refers to the obligation of a party to prove their allegations or claims in a legal proceeding. For example, in a criminal case, the burden of proof lies on the prosecution to prove the guilt of the accused beyond reasonable doubt.
Burden of evidence, on the other hand, refers to the duty of a party to produce sufficient evidence to raise an issue for consideration by the judge or jury. For instance, in a civil case, the plaintiff bears the burden of evidence to present enough evidence to support their claim against the defendant.
The key difference is that burden of proof relates to the persuasiveness of the evidence and the overall obligation to prove the case, while burden of evidence relates to the sufficiency of evidence to even raise an issue for consideration. The burden of proof remains constant throughout the trial, but the burden of evidence may shift between parties depending on the specific issues and the evidence presented.
To illustrate, in a criminal trial, the prosecution always carries the burden of proof to prove the defendant’s guilt beyond reasonable doubt. However, if the prosecution presents enough evidence to raise the issue of self-defense, the burden of evidence may shift to the defendant to produce some evidence supporting that defense. But the ultimate burden of proof remains on the prosecution to disprove self-defense beyond reasonable doubt.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
- Proof vs. Evidence
- Burden of Proof vs. Burden of Evidence
- Weight (won Pers) and Sufficiency of Evidence (won Str)– Rule 133 - ILLUSTRATE
- Admissibility; Relevance and Competence – Rule 128
Rule 133 is a key provision in Philippine evidence law that deals with the weight and sufficiency of evidence presented in court. Here are the key points to understand:
Weight of Evidence:
- Refers to the credibility and persuasiveness of evidence.
- The court evaluates various factors to determine the weight of evidence, including:
a) Witness credibility: Are witnesses reliable and unbiased?
b) Quality of evidence: Is the evidence clear, consistent, and verifiable?
c) Corroboration: Is the evidence supported by other pieces of evidence?
Sufficiency of Evidence:
Refers to whether the evidence presented is strong enough to establish a fact in a case.
The standard for sufficiency depends on the type of case:
Civil cases: Preponderance of evidence (more likely than not)
Criminal cases: Beyond reasonable doubt (no other plausible explanation)
How Rule 133 Applies:
Rule 133 provides specific guidelines for evaluating evidence in civil cases where the burden of proof lies with the plaintiff (Section 1).
- The court considers all relevant evidence, including:
1. Witness testimony
2. Documentary evidence
3. Physical evidence
4. Expert opinions
- The court assesses the weight of each piece of evidence and determines if, collectively, they are sufficient to establish the plaintiff’s claim by a preponderance of evidence.
Example:
Scenario: A car accident lawsuit where the plaintiff claims the defendant caused the accident by running a red light.
Evidence:
Witness A says they saw the defendant’s car disregard the red light.
Witness B is unsure about the light color.
No traffic camera footage is available.
Weight of Evidence:
Witness A’s testimony might be considered more weighty if deemed reliable and consistent.
Witness B’s testimony might have less weight due to their uncertainty.
Sufficiency of Evidence:
Without strong evidence (e.g., traffic camera footage), the judge might conclude that the evidence, despite Witness A’s testimony, is not sufficient to establish by a preponderance of evidence that the defendant ran a red light.
Important Points:
Rule 133 doesn’t provide a specific formula for weighing evidence. It allows the court discretion in evaluating the evidence presented.
The number of witnesses is not necessarily determinative. A single witness with strong, credible testimony can outweigh multiple witnesses with less convincing accounts.
Additional Notes:
Rule 133 also briefly addresses the burden of proof in criminal cases, highlighting the higher standard of proof required for conviction (beyond reasonable doubt).
VII. EVIDENCE (A.M. No. 19-08-15-SC)
A. Key Concepts
- Proof vs. Evidence
- Burden of Proof vs. Burden of Evidence
- Weight and Sufficiency of Evidence – Rule 133
- Admissibility; Relevance and Competence – Rule 128 - ILLUSTRATE
dir log conxn between factum probans to factum probandum
and
Not excluded by Consti, laws
Rule 128 of the Philippines Rules of Court lays the foundation for evidence to be considered by the court. It introduces three crucial concepts: admissibility, relevance, and competence. While interrelated, each has a distinct role:
- Admissibility:
This refers to whether evidence can be presented to the court and considered in determining the facts of a case.
Not all evidence is admissible:
The law might exclude certain types of evidence (e.g., hearsay rule, attorney-client privilege).
Evidence obtained illegally might also be inadmissible.
Admissibility is the final hurdle evidence must overcome before being considered by the court. - Relevance:
This concept focuses on the connection between the evidence and the facts at issue in the case.
To be relevant, evidence must have a tendency to prove or disprove a fact in question.
Remote or speculative evidence is generally considered irrelevant and inadmissible. - Competence:
This deals with the inherent reliability and trustworthiness of the evidence itself.
For evidence to be competent, it must meet specific requirements established by law or relevant rules (e.g., witness qualifications, document authenticity).
Incompetent evidence, even if relevant, might be excluded by the court.
Relationship Between the Concepts:
Think of them as a series of filters:
First, evidence needs to be relevant to the case.
Even if relevant, it must then be competent (reliable) under the rules of evidence.
Only if it passes both these filters will it be considered admissible by the court.
Examples:
Scenario: A contract dispute where the plaintiff claims the defendant breached the agreement.
Evidence: A witness who overheard a conversation between the plaintiff and a third party (not the defendant) about the contract details.
Analysis:
Relevance: The conversation might be somewhat relevant as it relates to the contract.
Competence: However, it’s likely incompetent under the hearsay rule (hearsay evidence is generally not considered reliable).
Admissibility: Since it’s incompetent, the evidence would likely be inadmissible.
Another Example:
Evidence: A properly authenticated written contract signed by both parties.
Analysis:
Relevance: This evidence is highly relevant as it directly relates to the contract dispute.
Competence: Assuming proper authentication, the contract is likely competent (reliable) evidence.
Admissibility: This evidence would likely be admissible by the court.
Understanding these concepts is crucial for effectively presenting and challenging evidence in Philippine courts.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Documentary Evidence – Rule 130, B
a. Original Document Rule -
b. Secondary Evidence - EXPLAIN
c. Parol Evidence
The Philippine Rules on Evidence address situations where the original document isn’t available and allow secondary evidence to be presented. Here’s a breakdown of the key points:
1) When Originals Are Unavailable (Sections 5 & 6):
If the original document is demonstrably lost, destroyed, or unproducible (not due to the offering party’s fault), secondary evidence can be used.
This includes copies, recitals of the content in another reliable document, or witness testimony (in that order).
If the other party has the original and fails to produce it after proper notice and proof of its existence, secondary evidence is also allowed.
2) Dealing with Voluminous Documents (Section 7):
When the original documents are massive (e.g., extensive accounting records), and only the overall outcome matters, summaries, charts, or calculations can be presented as secondary evidence.
The original documents must still be available for the other party to examine or copy at a reasonable time and place.
3) Public Records (Section 8):
Certified copies issued by the custodian public officer are generally accepted as secondary evidence for public records (originals held by the government).
4) Calling for Documents (Section 9):
If a party requests a document and examines it, they are not obligated to introduce it as their own evidence in court.
Examples:
* Lost Contract: In a breach of contract case, if the original signed agreement is demonstrably lost, a verified copy can be introduced as secondary evidence.
* Uncooperative Seller: If the seller in a property sale has the original title deed but refuses to produce it in court after notice, a certified copy from the government agency can be used as secondary evidence.
* Voluminous Bank Statements: When reviewing a long history of bank transactions, a summary chart showing overall deposits and withdrawals might be presented, with the original statements available for review upon request.
* Police Report: In a criminal case, a certified copy of a police report from a government agency can be used as secondary evidence of its contents.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Documentary Evidence – Rule 130, B
a. Original Document Rule -
b. Secondary Evidence
c. Parol Evidence - EXPLAIN
The Parol Evidence Rule in the Philippines deals with situations where there’s a written contract. Here’s a breakdown of the key points for documentary evidence:
1) Written Agreement Reigns Supreme:
- Once an agreement is finalized in writing, the written document is considered the complete and accurate record of the agreed-upon terms.
2) Limited Exceptions for Additional Evidence:
- There are some situations where you can introduce evidence outside the written contract (parol evidence):
a) Unclear Wording (Intrinsic Ambiguity): If the wording in the contract itself is confusing or has multiple interpretations, you can use outside evidence to clarify the intended meaning.
b) Mistake or Incomplete Contract: If the written agreement demonstrably contains a mistake or doesn’t reflect the full agreement (e.g., missing terms accidentally omitted), you can use evidence to rectify this.
c) Challenging Validity: You can introduce evidence to question the entire contract’s validity (e.g., fraud, duress).
d) Subsequent Agreements: Evidence can be used to show separate agreements made after the initial written contract (as long as both parties agree to them).
Remember:
The burden of proof falls on the party trying to introduce parol evidence. They need to convince the court it falls under one of these exceptions.
Examples:
* Confusing Contract Clause: A lease agreement might state “rent includes utilities” but not specify which ones. Here, evidence of discussions about including electricity could be used to clarify the ambiguity.
* Missing Term: A written contract for selling a car might accidentally omit mentioning that hubcaps are included. Testimony about pre-contract discussions on hubcaps could be allowed.
* Forced Signature: If someone claims they were forced to sign a contract under threat, they could use evidence to challenge the validity of the entire written agreement.
* Later Verbal Agreement: A written contract for construction services might be followed by a verbal agreement to add an extra floor to the building. Evidence of this subsequent agreement could be allowed.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Documentary Evidence – Rule 130, B
a. Original Document Rule - EXPLAIN
b. Secondary Evidence
c. Parol Evidence
The Original Document Rule in the Philippines prioritizes using the original document as evidence in court. Here are the key points:
1) Generally, the Original Must Be Presented:
- For documents, recordings, photographs, etc., the court prefers the original when its contents are relevant to the case.
2) Exceptions When Copies Are Allowed:
- There are situations where copies are admissible:
a) Lost or Destroyed Original: If the original is demonstrably unavailable and the offering party isn’t at fault.
b) Opponent Controls the Original: When the other party has the original and refuses to produce it with proper notice, or it’s inaccessible through legal means.
c) Voluminous Documents: If the original is a massive collection and only the overall outcome is relevant, a summary or representative sample can suffice.
d) Public Records: Certified copies of public records are generally accepted.
e) Unimportant Originals: If the document isn’t crucial to a major issue in the case, a copy might be allowed.
3) Definition of “Original” and “Duplicate”:
A) Original: The actual document, a counterpart with the same effect, a negative/print of a photograph, or a printout of computer data reflecting the information accurately.
B) Duplicate: A copy produced through various methods (photography, electronic means, etc.) that accurately replicates the original.
4) Admissibility of Duplicates:
- Generally, duplicates are allowed as evidence like originals, unless:
* Question of Authenticity: There’s doubt the original is genuine.
* Unfairness: Using the duplicate would be unfair to a party in the specific situation.
Examples:
* Contract Dispute: In a contract disagreement, the original signed agreement is the ideal evidence. However, if demonstrably lost, a verified copy might be accepted.
* Real Estate Sale: The official title deed from the government is the original document. But, a certified copy can be used in court.
* Security Camera Footage: If the digital recording is the original source, a high-quality printout could be an admissible duplicate.
Question 1:
In a copyright infringement case, the plaintiff claims the defendant copied their musical composition. The original sheet music is crucial evidence. The plaintiff can’t locate the original but has a high-quality digital scan. Which of the following is most likely true?
A. The digital scan cannot be admitted as evidence under any circumstances.
B. The digital scan can be admitted only if the defendant agrees.
C. The plaintiff can introduce the digital scan as long as they can show they made a good faith effort to find the original.
D. The court will automatically reject the case without the original sheet music.
Answer: C
Explanation:
This scenario falls under Section 3(a) of the Original Document Rule. The original document (sheet music) is unavailable, but the plaintiff can demonstrate good faith by showing they’ve tried to locate it. A high-quality digital scan can then be admitted as a secondary form of evidence.
Question 2:
A company is suing a former employee for stealing confidential customer data. The company wants to present the original customer database as evidence. However, the database is massive and would be very time-consuming to examine in court. What is the best course of action according to the Original Document Rule?
A. The company cannot introduce any evidence related to the customer data.
B. The company must present each individual customer record in court.
C. The company can present a summary report showing overall customer information.
D. The judge will decide how the customer data can be presented.
Answer: C
Explanation:
This situation applies Section 7 of the rule. The original document (database) is voluminous, and only the general customer information is relevant. Therefore, the company can present a summary report as secondary evidence, but the original database must still be available for inspection by the other party if needed.
Question 3:
During a divorce case, the wife claims the husband is hiding significant assets. The wife believes a bank statement held by the husband would be helpful evidence. She requests the court order the husband to produce the statement. What does the Original Document Rule say about this situation?
A. The husband cannot be compelled to produce the bank statement.
B. The wife can only request the statement if she reimburses the husband for any copying fees.
C. The court can order the husband to produce the bank statement after reasonable notice.
D. The wife needs to prove the bank statement exists before requesting its production.
Answer: C
Explanation:
This scenario aligns with Section 6 of the rule. The bank statement, if relevant, is likely in the husband’s control (adverse party). With reasonable notice, the court can order him to produce it as evidence.
Question 1:
A car accident lawsuit hinges on a broken taillight on the defendant’s vehicle. The police officer at the scene wrote a report mentioning the broken taillight, but the report has been misplaced. Which of the following is the most likely way to introduce evidence of the broken taillight under the rules on secondary evidence?
A. The officer can simply testify in court about what they remember seeing at the scene.
B. The officer needs to recreate the report from memory before their testimony is allowed.
C. Secondary evidence of the broken taillight cannot be introduced without the police report.
D. The plaintiff can introduce witness testimony from someone who saw the broken taillight.
Answer: D
Explanation:
According to Section 5 of Rule 130, secondary evidence can be used when the original document (police report) is unavailable. Here, witness testimony from someone who saw the broken taillight is a valid form of secondary evidence.
Question 2:
A company is suing a supplier for delivering faulty equipment. The contract specified certain performance standards, but the original signed agreement is lost. The company has a draft copy with edits and notes. What options does the company have under the rules on secondary evidence?
A. The company cannot introduce any evidence of the contract terms.
B. The company can present the draft copy as secondary evidence if they can explain why the original is missing.
C. The company needs to find and present the original signed agreement.
D. The supplier can object to the draft copy being used as evidence.
Answer: B
Explanation:
Section 5 of Rule 130 allows secondary evidence when the original is lost. While the draft copy isn’t a perfect replacement, the company can explain the situation and potentially use it as secondary evidence, especially if they can show good faith efforts to locate the original.
Question 3:
A landlord is suing a tenant for unpaid rent. The landlord has a record of past rent payments but not the most recent receipt. The landlord wants to introduce the past payment records as evidence of a history of on-time payments. According to the rules on secondary evidence, which of the following is true?
A. Past rent payments are not relevant to the current case and cannot be introduced.
B. The landlord needs a sworn statement explaining why the most recent receipt is missing.
C. The landlord can present the past payment records without needing the most recent receipt.
D. The tenant can automatically object to the past payment records being used.
Answer: C
Explanation:
Assuming the past payment records are accurate representations (duplicates) of the originals, Section 7 of Rule 130 allows summaries of voluminous documents. Here, the past records can be introduced as secondary evidence to establish a pattern of on-time payments, even if the most recent receipt isn’t available.
Question 1:
A written lease agreement states the monthly rent is ₱10,000. The tenant claims they had a verbal agreement with the landlord for a discounted rent of ₱8,000 in exchange for minor repairs to the property. Under the Parol Evidence Rule, can the tenant introduce evidence of the verbal agreement?
A. Yes, because the verbal agreement modifies the written lease.
B. No, the Parol Evidence Rule prevents any evidence outside the written lease.
C. Yes, but only if the tenant can prove the written lease is गलत (galat, meaning incorrect).
D. Maybe, depending on whether the repairs were significant.
Answer: B
Explanation:
The Parol Evidence Rule (Section 10 of Rule 130) generally prevents introducing evidence outside a written agreement (the lease) to change its terms. Here, the verbal agreement contradicts the written rent amount. The tenant cannot use it unless they fall under one of the exceptions, such as proving the written lease is invalid or incomplete.
Question 2:
A contract for selling a used car states “as is” with no warranties. The buyer later discovers the car has a hidden mechanical defect and wants to sue the seller. The buyer claims the seller verbally assured them the car was in good condition before the contract was signed. Can the buyer introduce evidence of this conversation under the Parol Evidence Rule?
A. Yes, because the verbal assurance directly contradicts the “as is” clause.
B. No, the Parol Evidence Rule prevents introducing verbal warranties for written contracts.
C. Yes, but only if the buyer can prove the seller deliberately hid the defect.
D. Maybe, depending on the severity of the mechanical defect.
Answer: B
Explanation:
The “as is” clause suggests the buyer is taking the car without any guarantees. While the hidden defect might be a separate issue, introducing evidence of a verbal warranty about the car’s condition contradicts the written agreement and generally wouldn’t be allowed under the Parol Evidence Rule.
Question 3:
A written partnership agreement outlines profit-sharing percentages between two partners. One partner claims there was a later verbal agreement to adjust the profit share due to their taking on additional responsibilities. Under the Parol Evidence Rule, can the partner introduce evidence of this later verbal agreement?
A. Yes, because the verbal agreement modifies the profit-sharing percentages.
B. No, the Parol Evidence Rule prevents changing written agreements with verbal terms.
C. Yes, but only if they can prove the written agreement was mistakenly drafted.
D. Maybe, depending on whether the additional responsibilities were significant.
Answer: D
Explanation:
This scenario might be an exception to the Parol Evidence Rule. If the partner can show the later verbal agreement to adjust profit sharing was a separate agreement made after the initial written contract (Section 10(d) of Rule 130), they might be able to introduce evidence of it. The significance of the additional responsibilities would be a factor the court would consider in determining if this was a valid exception.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
- Testimonial Evidence – Rule 130, C
EXPLAIN
When studying the rules on testimonial evidence, it’s crucial to remember the following key points:
1) Credibility of Witnesses: Assess the credibility of witnesses based on factors like their demeanour, consistency, ability to perceive events, and potential biases.
2) Competence to Testify: Ensure that witnesses are competent to testify by meeting legal requirements such as understanding the obligation to tell the truth and having the mental capacity to recall and relate events accurately.
3) Relevance of Testimony: Determine whether the testimony is relevant to the case at hand, meaning it tends to prove or disprove a fact in issue.
4) Hearsay Rule: Be aware of the hearsay rule, which generally excludes out-of-court statements offered to prove the truth of the matter asserted unless they fall within exceptions or exemptions.
5) Expert Testimony: Evaluate the admissibility of expert testimony, which is allowed when the witness possesses specialized knowledge, skill, experience, training, or education that can assist the trier of fact in understanding evidence or determining a fact in issue.
Illustrative Example:
* In a criminal trial for robbery, the prosecution calls a witness who claims to have seen the defendant committing the crime. The key points related to testimonial evidence in this scenario would include:
- Assessing the credibility of the witness by examining factors such as their demeanor on the stand and consistency in recounting the events.
- Ensuring the witness is competent to testify by confirming their understanding of the obligation to tell the truth and their mental capacity to recall the events accurately.
- Determining the relevance of the witness’s testimony to the case, specifically whether it tends to prove the defendant’s guilt or innocence.
- Applying the hearsay rule to exclude any out-of-court statements made by the witness unless they fall within an exception, such as excited utterances or present sense impressions.
- Considering the potential need for expert testimony if the witness possesses specialized knowledge relevant to the case, such as forensic experts providing insights into the physical evidence.
Question 1:
During a robbery trial, the prosecution wants to call the defendant’s therapist as a witness. The therapist believes the defendant suffers from a mental disorder that might be relevant to the case. Under the rules on witness qualification, can the therapist be compelled to testify?
A. Yes, the therapist must testify as mental health information isn’t privileged.
B. Yes, if the judge finds the defendant’s mental state is crucial to the case.
C. No, the therapist-patient privilege protects confidential communications.
D. No, but the therapist can choose to testify about the defendant’s mental state.
Answer: C
Explanation: Section 24(c) establishes a psychotherapist-patient privilege. The therapist cannot be compelled to disclose confidential communications made during treatment without the patient’s consent, even if the information might be relevant to a court case.
Question 2:
In a fraud lawsuit, a company wants a former employee to testify about their knowledge of accounting practices. The employee fears the testimony might damage their future job prospects. Can this fear disqualify them from being a witness?
A. Yes, the employee’s fear is a valid reason for disqualification.
B. No, the employee must testify regardless of their personal concerns.
C. Maybe, depending on the severity of the potential damage to their career.
D. The employee can choose to testify but is not obligated.
Answer: B
Explanation: Section 21 establishes that anyone who can perceive and communicate their observations can be a witness. Fear of repercussions generally doesn’t disqualify someone. The court can compel the employee to testify and may offer witness protection if necessary.
Question 3:
A husband and wife are suing a neighbor for property damage caused by a falling tree. The wife witnessed the entire event. The husband wants the wife to testify about what she saw. Can the wife be compelled to testify against her spouse in this civil case?
A. Yes, the wife can be compelled to testify in a civil case against her spouse.
B. No, the marital privilege protects spouses from testifying against each other.
C. Maybe, depending on the severity of the property damage.
D. The wife can choose to testify but cannot be forced.
Answer: A (with Limitation)
Explanation: Section 23 generally establishes a marital privilege preventing spouses from testifying against each other in civil cases. However, there’s an exception for cases where one spouse sues the other (e.g., domestic violence). In this scenario, the wife can be compelled to testify against her husband as they are suing a third party (the neighbor).
Question 4:
A journalist is subpoenaed to testify in a defamation case. The journalist interviewed the defendant, and the interview might contain information relevant to the case. The journalist claims they shouldn’t have to testify due to journalistic privilege. Is the journalist qualified to claim such a privilege?
A. Yes, journalistic privilege protects confidential information received during interviews.
B. No, journalists have no special privilege and must testify if subpoenaed.
C. Maybe, depending on the nature of the information in the interview.
D. The journalist can choose to testify but is not obligated.
Answer: B
Explanation: The Philippines legal system doesn’t currently recognize a broad journalistic privilege. While there might be ethical considerations for journalists protecting sources, they can generally be compelled to testify if subpoenaed in a court case.
Question 1:
A child witnessed a violent crime committed against their neighbor. The police want the child to testify in court. Under the rules on testimonial privilege, can the child be forced to testify?
A. Yes, all witnesses must testify regardless of age.
B. No, children are always protected by testimonial privilege.
C. Maybe, depending on the child’s age and understanding of the proceedings.
D. The child can choose to testify but cannot be compelled.
Answer: C
Explanation: Children are not automatically disqualified from being witnesses (Section 21). The court will assess the child’s maturity and ability to understand the oath and the importance of truthful testimony. However, there’s no specific age limit. If the child is deemed mature enough, they can be compelled to testify, even if it’s a difficult experience.
Question 2:
A corporation is being sued for environmental damage. The company wants a former executive to testify about internal company decisions related to the alleged pollution. The former executive fears the testimony might violate a non-disclosure agreement (NDA) they signed with the company. Does the NDA prevent the executive from testifying?
A. Yes, the NDA takes precedence and protects the executive from testifying.
B. No, the court can compel the executive to testify despite the NDA.
C. Maybe, depending on the specific terms of the NDA.
D. The executive can choose to testify but is not obligated.
Answer: B
Explanation: While NDAs are valid contracts, they cannot be used to obstruct justice. The court can compel the executive to testify about matters relevant to the lawsuit, even if it breaches the NDA. The company might face legal consequences for the NDA if it hinders the legal process.
Question 3:
A government official received classified information about a smuggling ring during a confidential meeting. The official is now subpoenaed to testify about this information in court. Can the official claim privilege to avoid revealing the classified information?
A. Yes, the official privilege protects confidential information received in government work.
B. No, the court can compel the official to testify despite the classified information.
C. Maybe, depending on the public interest in keeping the information confidential.
D. The official can choose to testify but is not obligated.
Answer: C
Explanation: Section 24(e) allows government officials to claim privilege for confidential information received in their official capacity, if revealing it would harm the public interest. The court will weigh the competing interests (justice vs. national security) and decide whether the official can be compelled to disclose the classified information.
Question 4:
Two business partners are in a legal dispute. One partner wants the other partner’s spouse to testify about conversations they overheard between the spouses regarding the business deal. Can the spouse be compelled to testify about these overheard conversations?
A. Yes, spouses cannot claim privilege for overheard conversations.
B. No, the marital privilege protects spouses from revealing confidential communications.
C. Maybe, depending on the content of the overheard conversations.
D. The spouse can choose to testify but is not obligated.
Answer: B
Explanation: The marital privilege (Section 23) generally protects confidential communications between spouses. Even though the spouse overheard the conversation, it’s still considered a communication between the business partners (spouses). The overheard information might be relevant, but the spouse cannot be forced to reveal it in court.
Question 1:
During a robbery trial, a police officer testifies that they saw the defendant running away from the crime scene shortly after the alarm went off. This is an example of:
A. An admission by the defendant.
B. A confession by the defendant.
C. Circumstantial evidence against the defendant.
D. Direct evidence against the defendant.
Answer: C
Explanation: An admission is a statement by a party acknowledging a fact relevant to the case, but not necessarily guilt (e.g., “I was in the neighborhood”). A confession directly acknowledges guilt for the crime charged. In this scenario, the officer’s testimony is circumstantial evidence (seeing the defendant fleeing suggests, but doesn’t prove, guilt).
Question 2:
A company receives a letter from a disgruntled customer complaining about a faulty product. The letter details the problems and mentions the customer may sue if the issue isn’t resolved. This letter can be used in court as:
A. An admission by the company of the product’s defect.
B. An admission by the customer of their intention to sue.
C. Evidence of a potential future lawsuit.
D. Evidence tending to show the customer’s knowledge of the product’s defect.
Answer: D
Explanation: An admission can be used against the party who made it. Here, the letter is an admission by the customer that they are aware of the product’s defect, potentially strengthening the company’s case if the issue goes to court.
Question 3:
A suspect remains silent after being arrested and accused of a crime. Can their silence be used as evidence of guilt in court?
A. Yes, silence can always be interpreted as an implied admission.
B. No, silence alone cannot be used as evidence of guilt.
C. Maybe, depending on the specific circumstances of the arrest.
D. The suspect can choose to remain silent but explanations might be helpful.
Answer: B
Explanation: Section 33 establishes “admission by silence.” However, for silence to be considered an admission, it must be in a situation where the suspect would naturally respond if innocent. Remaining silent after a generic accusation might not qualify, but staying silent after a specific and detailed accusation could be seen as an implicit admission.
Question 4:
A teenager brags to a friend about breaking a window at a local store. The friend later witnesses a police investigation at the store and tells the police about the teenager’s bragging. This is an example of:
A. An admission by the teenager that can be used in court.
B. A confession by the teenager that can be used in court.
C. Hearsay evidence that cannot be used in court.
D. Evidence that can be used in court if the friend is deemed a credible witness.
Answer: C
Explanation: Hearsay evidence is an out-of-court statement offered to prove the truth of the matter asserted in the statement (the friend repeating the teenager’s brag). Hearsay is generally inadmissible unless it falls under an exception. In this scenario, the friend’s testimony about the teenager’s bragging would be considered hearsay.
VII. EVIDENCE (A.M. No. 19-08-15-SC)
B. Kinds
3. Testimonial Evidence – Rule 130, C
e. Hearsay; Exceptions – Sections 37-50
STATE THE EXCEPTIONS TO HEARSAY
Hearsay - offerred for TOMA
OOC statement made by a declarant not in the court & offerred for the Truth Of the Matter Asserted.
Key Points on Exceptions to the Hearsay Rule (Philippines)
These sections (38-50) outline various exceptions where hearsay evidence can be admitted in court. Here’s a breakdown of each exception:
- Dying Declaration (Section 38):
What: Statements by a person who believes death is imminent, regarding the cause and circumstances of their impending death.
Rationale: The speaker’s fear of impending death ensures truthful statements.
Example: A person fatally stabbed by an attacker tells a friend, “It was John who stabbed me!” This statement could be admissible under the dying declaration exception. - Statement of Deceased or Unsound Mind (Section 39):
What: Statements by a deceased person or someone of unsound mind, if made based on personal knowledge and with clear memory, in a case against their estate or mental state.
Rationale: Protects the deceased or mentally unfit from false claims, as they can’t defend themselves.
Example: In a will dispute, a neighbor testifies the deceased person told them they intended to leave their entire estate to charity. This could be admissible if the neighbor can show the statement was made with clear memory. - Declaration Against Interest (Section 40):
What: Statements by a deceased or unavailable person that were against their own interest at the time they were made.
Rationale: People generally wouldn’t make statements against their own interest unless they were true.
Example: A suspect confesses to a crime in a letter to a friend, then disappears before trial. The letter could be admissible as a declaration against interest. (Note: Additional trustworthiness factors might be required depending on the content). - Act or Declaration About Pedigree (Section 41):
What: Statements by deceased or unavailable relatives about family history (births, deaths, marriages, etc.).
Rationale: Relatives are presumed to have knowledge about their family history.
Example: A family Bible entry records the birthdate of a deceased ancestor. This entry could be admissible to prove the ancestor’s date of birth. - Family Reputation or Tradition (Section 42):
What: Established family traditions or commonly held beliefs about family history passed down through generations.
Rationale: Traditions passed down within families can be a reliable source of historical information.
Example: A family member testifies that it’s always been understood within the family that a particular painting belonged to their great-grandfather. This testimony could be used to support a claim of ownership. - Common Reputation (Section 43):
What: Generally accepted beliefs within a community about boundaries, customs, historical events, marriages, or moral character.
Rationale: Common knowledge within a community can be a reliable source of information about local history and customs.
Example: Villagers testify that a certain path has always been considered the boundary between two properties. This testimony could be used to establish a property line. - Part of the Res Gestae (Section 44):
What: Excited utterances made under the stress of a startling event, or statements accompanying an ambiguous act that explain its meaning.
Rationale: The emotional state caused by the event reduces the likelihood of fabrication.
Example: A witness sees a car accident and hears one driver yell, “The other car ran a red light!” This excited utterance could be admissible to show fault in the accident. - Records of Regularly Conducted Business Activity (Section 45):
What: Business records (e.g., receipts, invoices, medical charts) created and kept in the ordinary course of business.
Rationale: Regularly maintained business records are presumed to be accurate and reliable.
Example: A hospital record documents a patient’s test results. This record could be admissible to prove the patient’s medical condition. - Entries in Official Records (Section 46):
What: Entries made by public officials in the performance of their duties (e.g., birth certificates, death certificates).
Rationale: Public officials have a duty to record information accurately.
Example: A marriage certificate issued by the government is prima facie evidence of a valid marriage. - Commercial Lists and the Like (Section 47):
What: Published lists or resources relied upon by professionals in a specific field (e.g., industry standard prices, medical manuals).
Rationale: Industry-recognized resources are presumed to be reliable sources of information.
Example: A lawyer uses a legal guide to establish the standard fee for a particular type of legal service.
Question 1:
During a robbery trial, the prosecution wants to introduce a witness who can testify that a neighbor told them they saw the defendant casing the store days before the crime. This is most likely an example of:
A. An admissible dying declaration.
B. An admissible excited utterance.
C. Inadmissible hearsay.
D. Admissible evidence under the declaration against interest exception.
Answer: C (Inadmissible Hearsay)
Explanation: This is classic hearsay. The neighbor’s statement (out-of-court) is offered to prove the defendant’s suspicious behavior (truth of the matter asserted). There’s no exception that applies here. The neighbor would need to testify themselves and be subject to cross-examination.
