Evidence

ATTY. CIRO P. DELA CRUZ, RN, JD,

CHRA
Lecturer
College of Criminal Justice Education
STI West Negros University
Bacolod City
 RULE 130
(Rules of Admissibility)
Three (3) Major Kinds of Evidence
under the Rules
• 1. Object Evidence or “Autoptic Proference” (Evidence of
one’s senses)

• 2. Documentary Evidence

• 3. Testimonial Evidence or “Viva Voce Evidence”

OBJECT/REAL /PHYSICAL EVIDENCE

• Objects as evidence are those

addressed to the senses of the
court. When an object is
relevant to the fact in issue, it
may be exhibited to, examined
or viewed by the court. (Sec.
1, Rule 130)
Requisites for Admissibility of Object Evidence

1. It must be relevant and competent

2. Authenticated
3. The authentication must be made by a competent
witness who should identify the object to be the
actual thing involved
4. The object must be formally offered in evidence
Purposes of authentication of object evidence

1. Prevent the introduction of object different from

the one testified about.
2. Ensure that there have been no significant
changes in the object’s condition.
 Categories of Object for purposes of
Authentication

Unique Objects
- those that have readily identifiable marks
Objects made Unique
- those that are made readily identifiable
Non-unique objects
- those which have no identifying marks and
cannot be marked
Examples of Object Evidence
• 1. Any article or object which may be known or perceived by the use
of the senses
• 2. Examination of the anatomy of a person or of any substance taken
therefrom
• 3. Conduct of tests, demonstrations or experiments
• 4.Examination of representative portrayals of the object in question
(maps, diagrams)
• 5. Documents, if the purpose is to prove their existence or condition
• 6.A person’s appearance, where relevant
 CHAIN OF CUSTODY

It is the duly recorded authorized movements and

custody of seized drugs or controlled chemicals or plant
sources of dangerous drugs or laboratory equipment of each
stage:
• From the time of seizure/confiscation to;
• Receipt in the forensic laboratory to;
• Safekeeping to;
• Presentation in court for destruction.
Section 21 of RA 9165 (Comprehensive
Dangerous Drugs Act of 2002)

The PDEA shall take charge and have custody of all

dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment so
confiscated, seized and/or surrendered, for proper
disposition in the following manner:
 (1)
• The apprehending team having initial custody and control of the
drugs shall, immediately after seizure and confiscation,
physically inventory and photograph the same in the presence
of the accused or the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel,
a representative from the media and the Department of
Justice (DOJ), and any elected public official who shall be
required to sign the copies of the inventory and be given a copy
thereof;
The exception to this rule where the physical inventory and taking
of photographs of the seized item may be conducted at the nearest
police station or at the nearest office of the apprehending officer
or team is when the police officers provide justification that:

1.It is not practicable to conduct the same at the place of seizure;

or

2.The items seized are threatened by immediate or extreme

danger at the place of seizure.
People v. Casa, G.R. No. 254208, August 16, 2022, [Per C.J.
Gesmundo, En Banc]
Mandatory Witness Rule
• Representative from the Media
• Representative from the DOJ
• Any elected public official
 (2)
• Within twenty-four (24) hours upon confiscation/seizure of
dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/or laboratory equipment,
the same shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative examination;
Matters that the police chemist must
testify to establish custodial link
• That he received the seized article as marked, properly
sealed and intact;

• That he resealed it after examination of the content,

and

• That he placed his own marking on the same to ensure

that is could not be tampered pending trial.
 (3)
• A certification of the forensic laboratory examination results, which shall
be done under oath by the forensic laboratory examiner, shall be issued
within twenty-four (24) hours after the receipt of the subject
item/s: Provided, That when the volume of the dangerous drugs, plant
sources of dangerous drugs, and controlled precursors and essential
chemicals does not allow the completion of testing within the time frame,
a partial laboratory examination report shall be provisionally issued
stating therein the quantities of dangerous drugs still to be examined by
the forensic laboratory: Provided, however, That a final certification shall
be issued on the completed forensic laboratory examination on the same
within the next twenty-four (24) hours;
 (4)
• After the filing of the criminal case, the Court shall, within seventy-two
(72) hours, conduct an ocular inspection of the confiscated, seized
and/or surrendered dangerous drugs, plant sources of dangerous
drugs, and controlled precursors and essential chemicals, including
the instruments/paraphernalia and/or laboratory equipment, and
through the PDEA shall within twenty-four (24) hours thereafter
proceed with the destruction or burning of the same, in the presence
of the accused or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a representative
from the media and the DOJ, civil society groups and any elected
public official.
 (5)
• The Board shall then issue a sworn certification as to the
fact of destruction or burning of the subject item/s which,
together with the representative sample/s in the custody
of the PDEA, shall be submitted to the court having
jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum
quantity as determined by the Board;
Purpose of establishing a chain of custody

• To guarantee the integrity and evidentiary value

of the physical evidence is preserved;
• To prevent the introduction of evidence which is
not authentic;
 Rule on DNA Evidence

• DNA(deoxyribonucleic acid)
• is the chain of molecules found in every nucleated cell
of the body
 Application of the Rule on DNA
Evidence
• It shall apply whenever DNA evidence is offered,
used or proposed to be offered or used as
evidence in all criminal and civil actions as well as
special proceedings
 DOCUMENTARY EVIDENCE

• Documents as evidence consist of writing,

recordings, photographs or any material
containing letters, words, sounds, numbers,
figures, symbols, or their equivalent, or other
modes of written expression offered as proof of
their contents. Photographs include still pictures,
drawings, stored images, x-ray films, motion
pictures or videos.
 What is a document?

• A document is a deed, instrument or other duly notarized

paper by which something is proved
 Requisites for Admissibility of Documentary
Evidence

• 1. The document should be relevant

• 2. The document should be authenticated
• 3. The document should be identified and marked
• 4. They should be formally offered to the court
 ORIGINAL DOCUMENT RULE
(formerly Best Evidence Rule)
• General rule:
- When the subject of inquiry is the contents of a
document, writing, recording, photograph or other
record, no evidence is admissible other than the original
document itself
 Exceptions
1. When the original is lost or destroyed, or cannot be produced in
court, without bad faith on the part of the offeror;
2. When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter fails to produce
it after reasonable notice, or the original cannot be obtained by
local judicial processes or procedures;
3. When the original consists of numerous accounts or other
documents which cannot be examined in court without great loss of
time and the fact sought to be established from them is only the
general result of the whole; and
4. When the original is a public record in the custody of a public
officer or is recorded in a public office.
 Requisites for the applicability of the
Original Document Rule

• The subject matter must involve a document

• The subject of the inquiry is the contents of the
document
 SECONDARY EVIDENCE

• -refers to evidence other than the original

instrument or document itself
Requisites before the contents of the original
may be proved by secondary evidence

The offeror must prove the

following:
• Execution and existence of the
original document
• Cause of its unavailability
• The unavailability of the original is
not due to bad faith on his part
Order of presentation of secondary evidence

1. Copy of the original

2. Recital of the contents of the document in some
authentic document
3. By testimony of witnesses
 PAROL EVIDENCE RULE

• When the terms of an agreement

have been reduced to writing, it is
considered as containing all the
terms agreed upon and there can be,
as between the parties and their
successors-in-interest, no evidence of
such terms other than the contents of
the written agreement
Requisites for the application of Parol Evidence
Rule

1. There must be a valid contract

2. The terms of the agreement must be reduced to
writing. Agreement includes wills
3. The dispute is between the parties or their
successors-in-interest
4. There is dispute as to terms of the agreement
 General Rule: Parol Evidence

• Parol evidence rule prevents the presentation of

parol evidence or evidence outside the agreement
of parties
Exceptions to Parol Evidence Rule
• A party may present evidence to modify, explain or add to
the terms of the written agreement if he puts in issue in a
VERIFIED pleading the following:
1. An intrinsic ambiguity, mistake or imperfection in the
written agreement;
2. Failure of the written agreement to express the true
intent of the parties thereto;
3. Validity of the written agreement;
4. Existence of other terms agreed to by the parties or
their successors-in-interest after the execution of the
written agreement.
 Original Document Rule Parol Evidence Rule

 Contemplates a situation where the  Presupposes that the original is

original is not available in court available in court
and/or there is dispute as to
whether said writing is in original
 Prohibits the introduction of  Prohibits the varying of the terms of a
substitute evidence in lieu of the written agreement
original document regardless
of whether or not it varies the
contents of the original
 Applies to all kinds of writing  With the exception of wills, applies only
to written agreements

 Can be invoked by any party to an  Can be invoked only when the

action regardless of whether such controversy is between the parties to
party participated or not in the the written agreement, privies or any
writing involved party directly affected thereby
 Authentication and Proof
of Documents
• Authentication - process of proving the due
execution and genuineness of a document
 When authentication is not
required
1. The writing is an ancient document
2. The writing is a public document or record
3. The writing is a notarial document, acknowledged, proved and
certified
4. The authenticity and due execution of the document has been
expressly admitted or impliedly admitted by failure to deny the
same under oath
5. When such genuineness and due execution are immaterial to the
issue
Public Document vs.
Private Document
• Public Document
1. The written official acts or records of the
official acts of the sovereign authority,
official bodies and tribunals and public
officers, whether of the Philippines or of a
foreign country
2. Documents acknowledged before a notary
public except last wills and testaments
3. Public records, kept in the Philippines, of
private documents required by law to be
entered therein
• Private Document
All other writings are private
 Who may prove the due execution and
authenticity of private documents

1. By anyone who saw the document executed or written

2. By evidence of the genuineness of the signature or
handwriting of the maker.
TESTIMONIAL EVIDENCE
 TESTIMONIAL EVIDENCE

• It is sometimes called viva voce

evidence which literally means ―
living voice or by word of mouth.

• In this kind of evidence, a human

being (witness) is called to the stand,
is asked questions and answers the
question asked of him.
 Qualifications of a Witness
• All persons who can perceive and
perceiving and can make known their
perception to others maybe witnesses.

• Religious or political belief, interest in the

outcome of the case or conviction of the
crime unless otherwise provided by law
shall NOT be a ground for disqualification.
 Qualifications of a Witness
• A mental retardate is not, by reason of such handicap
alone, be disqualified from testifying in court. Mental
retardation per se does not affect credibility. A mentally
retarded may be a credible witness. The acceptance of her
testimony depends on the quality of her perceptions and
the manner she can make them known to the court. If the
testimony of a mental retardate is coherent, the same is
admissible in court. (G.R. No. 193507 - January 30, 2013)
 A prospective witness must show
that he has the following abilities:
1. To observe- testimonial quality of perception
2. To remember- testimonial quality of memory
3. To relate- testimonial quality of narration
4. To recognize a duty to tell the truth- testimonial quality
of sincerity
 Time when the witness must
possess the qualifications
• The qualifications and disqualifications of witnesses are
determined as of the time said witnesses are produced for
examination in court or at the taking of their depositions
 Competency of a Witness Credibility of the Witness

 Refers to a witness who  Refers to a witness whose

can perceive and in testimony is believable
perceiving, can make
known his perception to
others. It is a matter of
law/rule
 Testimony confined to personal
knowledge
• A witness can testify
only to those facts
which he or she
knows of his or her
personal knowledge;
that is, which are
derived from his or
her own perception.
Conviction of crime as a ground for disqualification:

• General Rule:
• Conviction of a crime is NOT a ground for disqualification of
a witness

• Exceptions: Unless otherwise provided by law such as the

following:

Those who have been convicted of falsification of document,

perjury or false testimony are prohibited from being
witnesses to a will.
Those who have been convicted of an offense involving
moral turpitude cannot be discharged to become a State
Witness .
Disqualifications of Witnesses
• Disqualification by reason of marriage (Absolute
Disqualification)

• Disqualification by reason of privileged communication

(Relative Disqualification)
 Disqualifications of
Witnesses
Marital privilege
Attorney-client privilege (or person reasonably believed by
the client to be licensed to engage in the practice of law);
Physician-patient privilege
Minister/Priest-penitent privilege:
Public officer as regards communications made in official
confidence.
Absolute Disqualification
 Disqualification by Reason of Marriage
(Marital Disqualification)

• During their marriage, the husband

or the wife cannot testify against the
other without the consent of the
affected spouse, except in a civil case
by one against the other, or in a
criminal case for a crime committed
by one against the other or the
latter’s direct descendants or
ascendants
 Reasons for the rule:
(Marital Disqualification)
1. Identity of interests between husband and wife
2. If one were to testify against the other, there is
consequent danger of perjury
3. The policy of the law is to guard the security and
confidences of private life, even at the risk of an
occasional failure of justice and to prevent disunion and
unhappiness
Requisites for Application of Spousal
Immunity (Marital Disqualification)
1. That the spouse against whom the testimony of the other
is offered is a party to the case
2. That the spouses are legally married
3. That the testimony is offered during the existence of
marriage
4. That the case is not one against the other
 Exceptions to marital
disqualification rule:
1. Consent is given by the party-spouse
2. In a civil case filed by one against the other
3. In a criminal case for a crime committed by one against the
other or the latter’s direct descendants and ascendants
4. Where the testimony was made after the dissolution of
marriage.
5. Where the marital and domestic relations are so strained that
there is no more harmony to be preserved nor peace and
tranquility which may be disturbed.
• Extent of prohibition:
 Testimony against and in favor of the spouse; applicable to
criminal and civil cases

• Who can claim immunity?

 Only by the spouse-party

• Waiver of spousal immunity:

 Objections to competency of a husband or wife to testify in
criminal prosecution against the other maybe WAIVED

• Who may assert the privilege?

The holder of the privilege, authorized persons and persons to
whom privilege communication were made may assert the
privilege
Relative Disqualification
Marital Privilege
• The husband or the wife, during or after
the marriage cannot be examined
without the consent of the other as to
any communication received in
confidence by one from the other during
the marriage except in a civil case by
one against the other or in a criminal
case for a crime committed by one
against the other or the latter’s direct
descendants or ascendants
 Requisites for the application of the marital
privilege

1. There must be a valid marriage between the husband

and wife
2. There is communication received in confidence by one
from the other
3. The confidential information was received during the
marriage
4. The spouse against whom such evidence is being offered
has not given his or her consent to such testimony.
 Disqualification by Reason of Privileged
Communication

• Scope: Applies to both civil and

criminal cases except doctor-patient
privilege (applicable to civil cases
only)

• Unless waived, disqualification

remains even AFTER the vicarious
relationships therein have ceased to
exist.
Attorney-Client Privilege
• An attorney cannot, without the consent of
his client, be examined as to any
communication made by the client to him or
his advice given thereon in the course of or
with a view to, professional employment nor
can attorney’s secretary, stenographer or
clerk be examined without the consent of
the client and his employer concerning any
fact the knowledge of which has been
acquired in such capacity
 Purpose of Attorney-client
relationship
• To encourage full disclosure by
client to his or her attorney of all
pertinent matters so as to further
the administration of justice.
 Requisites for the Application of
Attorney-Client Privilege

1. There is attorney-client relation;

2. The privilege also extends to any person assisting the
attorney and person reasonably believed by the client to be
licensed to engage in the practice of law;
3. The privilege is invoked with respect to a confidential
communication between them in the course of or with a
view to professional employment
4. The client has not given his consent to the attorney’s
testimony thereon or if the attorney’s secretary,
stenographer or clerk is sought to be examined, that both
the client and the attorney have not given their consent
thereto
 Exceptions: Attorney-Client Privilege

Furtherance of crime or fraud. If the services or advice of

the lawyer were sought or obtained to enable or aid
anyone to commit or plan to commit what the client knew
or reasonably should have known to be a crime or fraud;
 Exceptions: Attorney-Client
Privilege
• Claimants through same deceased client. As to a
communication relevant to an issue between parties who
claim through the same or deceased client, regardless of
whether the claims are by testate or intestate or by inter
vivos transaction;
 Exceptions: Attorney-Client
Privilege
• Breach of duty by lawyer or client. As to a communication
relevant to an issue of breach of duty by the lawyer to his
or her client, or by the client to his or her lawyer;
 Exceptions: Attorney-Client
Privilege
• Document attested by the lawyer. As to a communication
relevant to an issue concerning an attested document to
which the lawyer is an attesting witness; or
 Exceptions: Attorney-Client
Privilege
• Joint clients. As to a communication relevant to a matter
of common interest between two or more clients if the
communication was made by any of them to a lawyer
retained or consulted in common, when offered in an
action between any of the clients, unless they have
expressly agreed otherwise.
•
 Physician- Patient Privilege
• A physician, psychotherapist or person reasonably
believed by the patient to be authorized to practice
medicine or psychotherapy cannot in a civil case, without
the consent of the patient, be examined as to any
confidential communication made for the purpose of
diagnosis or treatment of the patient’s physical, mental
or emotional condition, including alcohol or drug
addiction, between the patient and his or her physician
or psychotherapist. This privilege also applies to persons,
including members of the patient’s family, who have
participated in the diagnosis or treatment of the patient
under the direction of the physician or psychotherapist.
A psychotherapist is:
1. A person licensed to practice
medicine engaged in the
diagnosis or treatment of a
mental or emotional condition,
or
2. A person licensed as a
psychologist by the government
while similarly engaged.
 Purpose of the privilege
• Intended to facilitate and make safe, full and confidential
disclosure by patient to the physician (including members
of the patient’s family, who have participated in the
diagnosis or treatment of the patient under the direction
of the physician or psychotherapist, and to the one
believed by the patient to be authorized to practice
medicine or psychotherapy), of all facts, circumstances
and symptoms to the end that the physician may form a
correct opinion and be enabled safely to treat his patient
 Waiver:
• Waiver may be made expressly or impliedly. Waiver may
be by a contract as in medical or life insurance. When
there is disclosure by the patient of such information,
there is waiver.
 Cases when Physician-Patient Privilege not
applicable

1. Communication was not given in confidence

2. Communication is irrelevant to professional employment
3. Communication was made for unlawful purpose.
 Priest/Minister Privilege
• A minister or priest, cannot without the consent of the person
making the confession, be examined as to any confession
made to or any advice given by him in his professional
character, in the course of discipline enjoined by the church
to which the minister or priest belongs.

• A minister or person reasonably believed to be so cannot,

without the consent of the affected person be examined as to
any communication or confession made to or any advice
given by him or her, in his professional character, in the
course of discipline enjoined by the church to which the
minister or priest belongs.
Purpose of the privilege
• To allow or encourage individuals
to fulfill their religious, emotional
or other needs by protecting
confidential disclosures to
religious practitioners
 Requisites for the Application of
the Priest’s or Minister’s Privilege
• The confession must have been made to the priest in his
professional character according to the discipline of the
church to which the priest or minister belongs

• Communications made must be confidential

Public Officer as Regards Communications
Made in Official Confidence

• A public officer cannot be examined during his term of office

or after as to communications made to him in official
confidence, when the court finds that the public interest
would suffer by the disclosure.

• The communication shall remain privileged, even in the

hands of a third person who may have obtained the
information, provided that the original parties to the
communication took reasonable precaution to protect its
confidentiality.
 Requisites for Application of
the Privilege
1. The holder of the privilege is the government, acting
through a public officer
2. The communication was given to the public officer in
official confidence
3. The communication was given during the term of office
of the public officer or after
4. The public interest would suffer by the disclosure of the
communication.
 Parental and Filial Privilege
• No person shall be compelled to testify against his or her
parents, other direct ascendants, children or other direct
descendants, except when such testimony is indispensable
in a crime against that person or by one parent against
the other.
 Privilege relating to trade
secrets
• A person cannot be compelled to testify about any trade
secret, unless the nondisclosure will conceal fraud or
otherwise work injustice. When disclosure is directed, the
court shall take such protective measures as the interest
of the owner of the trade secret and of the parties and the
furtherance of justice may require.
ADMISSIONS vs. CONFESSIONS
 Admissions
• A statement of fact which does not involve an acknowledgment
of guilt or liability

• May be made by third persons and certain cases are

admissible against a party

• Applies to both criminal and civil cases

• Maybe express or implied (tacit)

• Maybe judicial or extrajudicial

• Judicial admissions

 Those made in the course of the

proceeding in the same case

• Extrajudicial admissions

 Those made out of court or in a

judicial proceeding other than the one
under consideration
• Confessions
Statement of fact which involves an
acknowledgment of guilt or liability

Can be made only by the party himself and

in some instances are admissible against his
co-accused -applies only to criminal cases

must be express

maybe judicial or extrajudicial confession

 For extrajudicial confession to
be admissible:
1. Voluntary
2. With the assistance of counsel
3. In writing
4. Express
 HEARSAY
• Hearsay is a statement other than one made by the declarant while
testifying at a trial or hearing, offered to prove the truth of facts
asserted therein. It is an out-of-court statement made by a person
who is not presented as a witness and said statement is offered in
evidence for the truth of the fact asserted therein.

• A statement is (1) an oral or written assertion or (2) a non-verbal

conduct of a person, if it is intended by him or her as an assertion.
Hearsay evidence is inadmissible except as otherwise provided in
these Rules.
 When is a statement NOT
hearsay?
• If the declarant testifies at the trial or hearing and is subject to
cross-examination concerning the statement, and the statement is:

 Inconsistent with the declarant’s testimony, and was given under

oath subject to the penalty of perjury at a trial, hearing, or other
proceeding, or in a deposition;
Consistent with the declarant’s testimony and is offered to rebut
an express or implied charge against the declarant of recent
fabrication or improper influence or motive; or
One of identification of a person made after perceiving him or her.
 Lack of First-Hand
Knowledge
• A witness can testify only to those facts which he knows of
based on his personal knowledge or those which are
derived his own perception.
Exceptions to the Hearsay Rule
1) Dying Declaration
2) Statement of decedent or person of unsound mind
3) Declaration against Interest
4) Act or Declaration about Pedigree
5) Records of regularly conducted business activity.
6) Family Reputation or tradition regarding pedigree
 Exceptions to the Hearsay
Rule
7) Common reputation
8) Parts of res gestae
9) Entries in Official Records
10)Commercial lists and the likes
11)Learned treatises
12)Testimony or deposition at a former proceeding
13)Residual exception
OPINION RULE
• General Rule:
• The opinion of a witness is not
admissible. The witness must testify
to facts within their knowledge and
may not state their opinion even on
their cross examination.
 OPINION RULE
• Exceptions:

 Opinion of Expert Witness

 Opinion of Ordinary Witness
 identity of a person about whom he has adequate knowledge
 a handwriting with which he has sufficient familiarity
 mental sanity of a person with whom he is sufficiently acquainted
 witness’ impressions of the emotion, behavior, condition or
 appearance of a person
 CHARACTER EVIDENCE
• Evidence of a person’s character or a trait of character is not
admissible for the purpose of proving action in conformity
therewith on a particular occasion, except:

(a) In Criminal Cases:

• The character of the offended party may be proved if it tends

to establish in any reasonable degree the probability of the
offense charged.
• The accused may prove his or her good moral character
which is pertinent to the moral trait involved in the offense
charged. However, the prosecution may not prove his or her
 CHARACTER EVIDENCE

(b) In Civil Cases:

• Evidence of the moral character of a

party in civil case is admissible only
when pertinent to the issue of
character involved in the case.

(c) In Criminal and Civil Cases:

• Evidence of the moral character of a

witness is not admissible until such
character has been impeached.
 Uses of character evidence:
1. As circumstantial evidence: that a person acted in
conformity with his character
2. As direct evidence of his/her character: where character
itself is the fact in issue
3. To impeach the adverse party’s witness
4. To rehabilitate a witness whose character has been
impeached
 How is character proved?

1. By reputation evidence
2. The witness’ opinion
3. Specific instances of conduct