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Testimonial Knowledge (Hearsay Rule – Sec. 36) a startling occurrence is taking place or immediately prior or
subsequent thereto with respect to the circumstances thereof,
A witness can testify only to those facts which he knows of his
may be given in evidence as part of the res gestae. So, also,
personal knowledge; that is, which are derived from his own
statements accompanying an equivocal act material to the
perception, except as otherwise provided in these rules.
issue, and giving it a legal significance, may be received as part
Exceptions to the Hearsay Rule (Secs. 37-47) of the res gestae.

1. Dying declaration – the declaration of a dying person, made 7. Entries in the course of business – Entries made at, or near
under the consciousness of an impending death, may be the time of the transactions to which they refer, by a person
received in any case wherein his death is the subject of inquiry, deceased, or unable to testify, who was in a position to know
as evidence of the cause and surrounding circumstances of the facts therein stated, may be received as prima facie
such death. evidence, if such person made the entries in his professional
capacity or in the performance of duty and in the ordinary or
2. Declaration against interest – The declaration made by a regular course of business or duty.
person deceased, or unable to testify, against the interest of
the declarant, if the fact asserted in the declaration was at the 8. Entries in official records – Entries in official records made in
time it was made so far contrary to declarant’s own interest, the performance of his duty by a public officer of the
that a reasonable man in his position would not have made the Philippines, or by a person in the performance of a duty
declaration unless he believed it to be true, may be received in specially enjoined by law, are prima facie evidence of the facts
evidence against himself or his successors in interest and therein stated.
against third persons.
9. Commercial lists and the like – Evidence of statements of
3. Act or declaration against pedigree – The act or declaration matters of interest, to persons engaged in an occupation
of a person deceased, or unable to testify, in respect to the contained in a list, register, periodical, or other published
pedigree of another person related to him by birth or marriage, compilation is admissible as tending to prove the truth of any
may be received in evidence where it occurred before the relevant matter so stated if that compilation is published for
controversy, and the relationship between the two persons is use by persons engaged in that occupation and is generally
shown by evidence other than such act or declaration. The used and relied upon by them therein.
word “pedigree” includes relationship, family genealogy, birth,
10. Learned treatises – A published treatise, periodical or
marriage, death, the dates when and the places where these
pamphlet on a subject of history, law, science or art is
facts occurred, and the names of the relatives. It embraces also
admissible as tending to prove the truth of a matter stated
facts of family history intimately connected with pedigree.
therein if the court takes judicial notice, or a witness expert in
4. Family reputation or tradition regarding pedigree – The the subject testifies that the writer of the statement in the
reputation or tradition existing in a family previous to the treatise, periodical or pamphlet is recognized in his profession
controversy, in respect to the pedigree of any one of its or calling as expert in the subject.
members, may be received in evidence if the witness testifying
11. Testimony or deposition at a former proceeding – The
thereon be also a member of the family, either by
testimony or deposition of a witness deceased or unable to
consanguinity or affinity. Entries in family bibles or other family
testify, given in a former case or proceeding, judicial or
books or charts, engravings on rings, family portraits and the
administrative, involving the same parties and subject matter,
like, may be received as evidence of pedigree.
may be given in evidence against the adverse party who had
5. Common reputation – Common reputation existing previous the opportunity to cross-examine him.
to the controversy, respecting facts of public or general interest
more than thirty years old, or respecting marriage or moral
character, may be given in evidence. Monuments and GR: The opinion of a witness is not admissible. (Sec. 48)
inscriptions in public places may be received as evidence of
common reputation. Exceptions: Admissible opinion evidence

6. Parts of the res gestae – Statements made by a person while

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1. a matter requiring special knowledge, skill, experience 1. non-owner transferor who later acquires title passes
or training which he is shown to possess, may be ownership to the transferee by operation of law (Art.
received in evidence. 1434 NCC)
2. the identity of a person about whom he has adequate 2. agent who alienates can not claim title against the
knowledge; transferee (Art. 1435 NCC)
3. a handwriting with which he has sufficient familiarity 3. a lessee or a bailee is estopped from asserting title to
4. the mental sanity of a person with whom he is the thing leased or received, as against the lessor or
sufficiently acquainted. bailor. (Art. 1436 NCC)
5. his impressions of the emotion, behavior, condition or 4. in a contract between 3rd persons concerning
the appearance of a person immovable property, one of them is misled by a
person with respect to the ownership or real right
GR: Character evidence not generally admissible (Sec. 51) over the real estate, the latter is precluded from
asserting his legal title or interest therein, provided all
Exceptions
these requisites are present:
1. In Criminal Cases: 1. fraudulent representation or wrongful
1. accused may prove his good moral character concealment of facts known to the party
which is pertinent to the moral trait involved estopped;
in the offense charged. 2. party precluded must intend that the
2. In rebuttal, the prosecution may prove the other should act upon the facts as
bad moral character of the accused which is misrepresented;
pertinent it to the moral trait involved in the 3. party misled must have been unaware of
offense charged. the true facts; and
3. moral character of the offended party may be 4. party defrauded must have acted in
proved if it tends to establish in any accordance with the misrepresentation.
reasonable degree the probability or (Art. 1437 NCC)
improbability of the offense charged. 5. One who has allowed another to assume
4. In Civil Cases – only when pertinent to the apparent ownership of personal property
issue of character involved in the case. for the purpose of making any transfer of
5. good character of an impeached witness it, cannot, if he received the sum for
which a pledge has been constituted, set
up his own title to defeat the pledge of
the property, made by the other to a
BURDEN OF PROOF (RULE 131)
pledgee who received the same in good
Burden of proof – the duty of a party to present evidence on faith and for value. (Art. 1438 NCC)
the facts in issue necessary to establish his claim or defense by
Disputable presumptions – The following presumptions are
the amount of evidence required by law
satisfactory if uncontradicted, but may be contradicted and
Instances of conclusive presumptions overcome by other evidence:

1. a party has, by his own declaration, act, or omission, (a) That a person is innocent of crime or wrong;
intentionally and deliberately led another to believe a
(b) That an unlawful act was done with an unlawful intent;
particular thing true, and to act upon such belief, he
cannot, in any litigation arising out of such declaration, (c) That a person intends the ordinary consequences of his
act or omission, be permitted to falsify it: voluntary act;
2. The tenant is not permitted to deny the title of his
landlord at the time of the commencement of the (d) That a person takes ordinary care of his concerns;
relation of landlord and tenant between them.
(e) That evidence willfully suppressed would be adverse if
Statutory instances of estoppel produced;

(f) That money paid by one to another was due to the latter;
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(g) That a thing delivered by one to another belonged to the The absentee shall not be considered dead for the purpose of
latter; opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of
(h) That an obligation delivered up to the debtor has been paid; five years shall be sufficient in order that his succession may be
opened.
(i) That prior rents or installments had been paid when a
receipt for the later ones is produced; The following shall be considered dead for all
purposes including the division of the estate among
(j) That a person found in possession of a thing taken in the
the heirs:
doing of a recent wrongful act is the taker and the doer of the
whole act; otherwise, that things which a person possesses, or (1) A person on board a vessel lost during a sea
exercises acts of ownership over, are owned by him; voyage, or an aircraft which is missing, who has not
been heard of for four years since the loss of the
(k) That a person in possession of an order on himself for the
vessel or aircraft;
payment of the money, or the delivery of anything, has paid
the money or delivered the thing accordingly; (2) A member of the armed forces who has taken part
in armed hostilities, and has been missing for four
(1) That a person acting in a public office was regularly
years;
appointed or elected to it;
(3) A person who has been in danger of death under
(m) That official duty has been regularly performed;
other circumstances and whose existence has not
(n) That a court, or judge acting as such, whether in the been known for four years;
Philippines or elsewhere, was acting in the lawful exercise of
(4) If a married person has been absent for four
jurisdiction;
consecutive years, the spouse present may contract a
(o) That all the matters within an issue raised in a case were subsequent marriage if he or she has a well-founded
laid before the court and passed upon by it; and in like manner belief that the absent spouse is already dead. In case
that all matters within an issue raised in a dispute submitted of disappearance, where there is danger of death
for arbitration were laid before the arbitrators and passed under the circumstances hereinabove provided, an
upon by them; absence of only two years shall be sufficient for the
purpose of contracting a subsequent marriage.
(p) That private transactions have been fair and regular; However, in any case, before marrying again, the
spouse present must institute a summary proceeding
(q) That the ordinary course of business has been followed;
as provided in the Family Code and in the rules for a
(r) That there was a sufficient consideration for a contract; declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the
(s) That a negotiable instrument was given or indorsed for a absent spouse.
sufficient consideration;

(t) That an indorsement of a negotiable instrument was made

before the instrument was overdue and at the place where the (x) That acquiescence resulted from a belief that the thing
instrument is dated; acquiesced in was conformable to the law or fact;

(u) That a writing is truly dated; (y) That things have happened according to the ordinary course
of nature and the ordinary habits of life;
(v) That a letter duly directed and mailed was received in the
regular course of the mail; (z) That persons acting as copartners have entered into a
contract of copartnership;
That after an absence of seven years, it being unknown
whether or not the absentee still lives, he is considered dead (aa) That a man and woman deporting themselves as husband
for all purposes, except for those of succession. and wife have entered into a lawful contract of marriage;
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(bb) That property acquired by a man and a woman who are no particular circumstances from which it can be inferred, the
capacitated to marry each other and who live exclusively with survivorship is determined from the probabilities resulting from
each other as husband and wife without the benefit of the strength and age of the sexes, according to the following
marriage or under a void marriage, has been obtained by their rules:
joint efforts, work or industry.
1. If both were under the age of fifteen years, the
(cc) That in cases of cohabitation by a man and a woman who older is deemed to have survived;
are not capacitated to marry each other and who have
acquired property through their actual joint contribution of 2. If both were above the age of sixty, the younger is
money, property or industry, such contributions and their deemed to have survived;
corresponding shares including joint deposits of money and
3. If one is under fifteen and the other above sixty, the
evidences of credit are equal.
former is deemed to have survived;
(dd) That if the marriage is terminated and the mother
4. If both be over fifteen and under sixty, and the sex
contracted another marriage within three hundred days after
be different, the male is deemed to have survived; if
such termination of the former marriage, these rides shall
the sex be the same, the older;
govern in the absence of proof to the contrary:
5. If one be under fifteen or over sixty, and the other
(1) A child born before one hundred eighty days after
between those ages, the latter is deemed to have
the solemnization of the subsequent marriage is
survived.
considered to have been conceived during the former
marriage, provided it be born within three hundred
days after the termination of the former marriage;
(kk) That if there is a doubt, as between two or more persons
(2) A child born after one hundred eighty days who are called to succeed each other, as to which of them died
following the celebration of the subsequent marriage first, whoever alleges the death of one prior to the other, shall
is considered to have been conceived during such prove the same; in the absence of proof, they shall be
marriage, even though it be born within the three considered to have died at the same time.
hundred days after the termination of the former
marriage.

PRESENTATION OF EVIDENCE (RULE 132)

(ee) That a thing once proved to exist continues as long as is The order in which an individual witness may be examined is as
usual with things of that nature; follows:

(ff) That the law has been obeyed; 1. Direct examination by the proponent – the examination-in-
chief of a witness by the party presenting him on the facts
(gg) That a printed or published book, purporting to be printed relevant to the issue.
or published by public authority, was so printed or published;
2. Cross-examination by the opponent – Upon the termination
(hh) That a printed or published book, purporting to contain of the direct examination, the witness may be cross-examined
reports of cases adjudged in tribunals of the country where the by the adverse party as to any matters stated in the direct
book is published, contains correct reports of such cases; examination, or connected therewith, with sufficient fullness
and freedom to test his accuracy and truthfulness and freedom
(ii) That a trustee or other person whose duty it was to convey
from interest or bias, or the reverse, and to elicit all important
real property to a particular person has actually conveyed it to
facts bearing upon the issue.
him when such presumption is necessary to perfect the title of
such person or his successor in interest; 3. Re-direct examination by the proponent – After the cross-
examination of the witness has been concluded, he may be re-
(jj) That except for purposes of succession, when two persons
examined by the party calling him, to explain or supplement his
perish in the same calamity, such as wreck, battle, or
answers given during the cross-examination. On re-direct
conflagration, and it is not shown who died first, and there are
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examination, questions on matters not dealt with during the 1. an unwilling or hostile witness; or
cross-examination, may be allowed by the court in its 2. a witness who is an adverse party or an officer,
discretion. director, or managing agent of a public or private
corporation or of a partnership or association which is
4. Re-cross-examination by the opponent – Upon the an adverse party.
conclusion of the re-direct examination, the adverse party may
re-cross-examine the witness on matters stated in his re-direct Grounds for declaring a witness unwilling or hostile
examination, and also on such other matters as may be allowed
by the court in its discretion. 1. adverse interest
2. unjustified reluctance to testify, or
Leading questions – a question which suggests to the witness 3. misled the party into calling him to the witness stand.
the answer which the examining party desires
Consequences of being an unwilling, hostile, or adverse
GR: Leading questions not allowed. witness

Exceptions 1. may be impeached by the proponent, except by

evidence of bad character
1. cross examination; 2. may also be impeached by the opponent
2. Preliminary matters; 3. may be cross-examined by the opponent, only on the
3. difficulty in getting direct and intelligible answers from subject matter of his direct examination
a witness who is 4. proponent may ask leading questions
1. ignorant, or
2. a child of tender years, or Sec. 36. Objection to evidence offered orally must be made
3. feeble mind, or immediately after the offer is made.
4. a deaf-mute;
5. unwilling or hostile witness; or Objection to a question propounded in the course of the oral
6. witness is an adverse party or an officer, examination of a witness shall be made as soon as the grounds
director, or managing agent of a public or therefor shall become reasonably apparent.
private corporation or of a partnership or
An offer of evidence in writing shall be objected to within three
association which is an adverse party.
(3) days after notice of the offer unless a different period is
Misleading question – one which assumes as true a fact not yet allowed by the court.
testified to by the witness, or contrary to that which he has
In any case, the grounds for the objections must be specified.
previously stated.
Grounds for objection – Hearsay, argumentative, leading,
Misleading questions are never allowed. No exceptions.
misleading, incompetent, irrelevant, best evidence rule, parol
Sec. 11. Impeachment of adverse party’s witness. – A witness evidence rule, question has no basis
may be impeached by the party against whom he was called, by
When evidence considered offered
contradictory evidence, by evidence that his general reputation
for truth, honesty, or integrity is bad, or by evidence that he People v. Franco, 269 SCRA 211 (1997) The court shall consider
has made at other times statements inconsistent with his no evidence, even an extra-judicial confession, which has not
present testimony, but not by evidence of particular wrongful been formally offered. Mere fact that evidence has been
acts, except that it may be shown by the examination of the identified and marked in the course of the examination of a
witness, or the record of the judgment, that he has been witness, without the contents being recited in his testimony,
convicted of an offense. does not mean that it has been formally offered as evidence.
Identification of documentary evidence is done in the course of
GR: The party producing a witness is not allowed to impeach
the trial and is accompanied by the marking of the evidence as
his credibility.
an exhibit, while the formal offer of documentary evidence is
Exceptions: When party may impeach his own witness (except done only when the party rests its case.
evidence of bad character)
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Philippine Bank of Commerce v. CA, 195 SCRA 567 (1991) 9. number of witnesses, though the preponderance is
Where the genuineness and due execution of documents of an not necessarily with the greater number.
instrument attached to a complaint are deemed admitted by
failure to specifically deny it under oath, such instruments are A cause of action on the ground of reformation of instrument
considered as evidence although they were not formally must be proven by clear and convincing evidence.
offered.
In a criminal case, the accused is entitled to an acquittal, unless
Rule 8, Sec. 8. How to contest such documents. — When an his guilt is shown beyond reasonable doubt. Proof beyond
action or defense is founded upon a written instrument, copied reasonable doubt does not mean such a degree of proof as,
in or attached to the corresponding pleading as provided in the excluding possibility of error, produces absolute certainty.
preceding section, the genuineness and due execution of the Moral certainty only is required, or that degree of proof which
instrument shall be deemed admitted unless the adverse party, produces conviction in an unprejudiced mind.
under oath, specifically denies them, and sets forth what he
A defense of self-defense must be proven by clear and
claims to be the facts; but the requirement of an oath does not
convincing evidence.
apply when the adverse party does not appear to be a party to
the instrument or when compliance with an order for an In cases filed before administrative or quasi-judicial bodies, a
inspection of the original instrument is refused. fact may be deemed established if it is supported by substantial
evidence
When objection should be made
Substantial evidence – that amount of relevant evidence which
People v. Java, 227 SCRA 668 (1993) Objection to testimony on
a reasonable mind might accept as adequate to justify a
the ground of lack of a formal offer of the testimony should
conclusion
be done when the witness was called to testify.
Generally, the motive of the accused is immaterial in a criminal
Interpacific Transit, Inc. v. Aviles, 186 SCRA 385 (1990)
case, not being an essential element of the crime, hence, it
Objection to documentary evidence must be made at the time
does not need to be proved.
it is formally offered (i.e. when the party rests its case) as an
exhibit and not before. Objection prior to that time (e.g. Exceptions:
identification of the evidence) is premature. Mere
identification and marking is not equivalent to a formal offer of 1. when there is no eyewitness and the suspicion is likely to fall
the evidence. A party may decide to not offer evidence already on a considerable number of persons;
identified and marked.
2. when there is doubt as to whether the accused is or is not
the person who committed the offense;

WEIGHT AND SUFFICIENCY OF EVIDENCE (RULE 133) 3. when it is necessary to determine the sanity of the accused
or the voluntariness of the act, the specific nature of the crime
In civil cases, the party having the burden of proof must committed, or whether the shooting was intentional or
establish his case by a preponderance of evidence. In accidental;
determining where the preponderance or superior weight of
evidence on the issues involved lies, the court may consider 4. when the accused interposes self-defense or defense of
stranger.
1. all the facts and circumstances of the case
2. the witnesses’ manner of testifying —- O —-
3. their intelligence
Reference:
4. their means and opportunity of knowing the facts to
which they are testifying Agpalo, Evidence; Francisco, Evidence;
5. the nature of the facts to which they testify
6. the probability or improbability of their testimony Albano, Remedial Law Reviewer;
7. their interest or want of interest
8. their personal credibility so far as the same may Regalado, Compendium of Remedial Law;
legitimately appear upon the trial.
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Riano, Civil Procedure (A Restatement for the Bar)

Riano, Evidence (A Restatement for the Bar).