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CHAPTER I PRELIMINARY CONSIDERATIONS

(Pages 1-41)
Ma. Karen A. Baldonado-Guillermo
1. Question:
Are the parties to an action have vested right in the rules of
evidence? (5%)
Suggested Answer:
No, there can be no vested right in the rules of evidence.
However, in criminal cases, if the alteration of the rules of
evidence would permit the reception of a lesser quantum of
evidence than what the law required at the time of the
commission of the offense in order to convict, then the
retroactive application of such amendatory law would be
unconstitutional for being ex post facto law.
2. Question:
Define the following classifications of evidence: (2% each)
a.
b.
c.
d.
e.

Relevant
Material
Competent
Direct
Circumstantial

Suggested Answer:
(a.) Is evidence having any value in reason as tending to prove
any matter provable in an action.

(b.) Is evidence directed to prove a fact in issue as determined


by the rules of substantive law and pleadings.
(c.) Is that one not excluded by the rules, a statute or the
Constitution
(d.) Is that which proves the fact in dispute without the aid of
any inference or presumption.
(e.) Is the proof of a fact or facts from which taken either
singly or collectively, the existence of the particular fact in
dispute may be inferred as a necessary or probable
consequence.
3. Question:
What are the elements that must concur in order that an
evidence be admissible? (3%)
Suggested Answer:
a. The evidence is relevant;
b. The evidence is not excluded by rules (competent); and
c. Authenticated (e.g.Chain of custody rule in Dangerous
Drugs Act)
4. Question:
How may evidence be admitted? (5%)
Suggested Answer:
The Rule provides that an evidence may be admitted when:
a. It is marked;
b. Presented during the trial;
c. Identified & authenticated by a witness;
d. Offered; and
e. Admitted by the court.
5. Question:

Identify

the

following

situations

if

the

courts

should

mandatorily take notice without the introduction of evidence.


Explain. (2% each)
a. IRR of Securities and Regulation Code.
b. Ordinance declaring City of Santiago under state of
c.
d.
e.
f.

calamity.
Pacquiao-Bradley boxing match in April.
Emblem of International Order of De Molay
Seal of the Republic of the Philippines
Flag of the Philippines

Suggested Answers:
a. As a general rule, courts are not mandated to take judicial
notice, unless, the Securities Regulation Code states that
an IRR is essential in the implementation of the law.
Without said provision, it is only discretionary on the
courts.
b. No. Courts not stationed in the City are not compelled to
take judicial notice.
c. Yes. Courts should take judicial notice on current events.
d. No. Courts are not compelled to take judicial notice of
international organizations.
e. Yes. Seal of the Republic of the Philippines need not be
proved. Courts are expected to know them by heart.
f. Yes. Courts are mandated to take judicial notice of it
more so each government office are required to display
the national flag as a sign of loyalty to the Republic.
6. Question:
Mr Mojico posted in his Facebook account that Pia Cayetano is
a silent corrupt. She stole millions of pesos from her PDAF

which is taxpayers money.

Our money.

She deserves the

humiliation she is getting right now. When there were more


than a hundred that commented and shared his posts, he is now
getting bashed by the supporters of Pia. He then deleted it and
deactivated his account.
a. How do you classify the deleted post in the Facebook
account of Mr.Mojico? How may Pia Cayetano prove said
post under the Rules on Electronic Evidence? (5%)
Suggested Answer:
The deleted post is an ephemeral electronic communication.
Section

1(k),

Rule 2 of

the

REE provides

that

[e]phemeral electronic communication refers to telephone


conversations, text messages, chatroom sessions, streaming
audio, streaming video, and other electronic forms of
communication the evidence of which is not recorded or
retained. Further, Ephemeral electronic communications
shall be proven by the testimony of a person who was a party to
the same or has personal knowledge thereof. In the absence or
unavailability of such witnesses, other competent evidence may
be admitted. (Section 2, par. 1, Rule 11).
In the case at bar, Pia may present a witness that saw,
commented and shared the post of Mr. Mojico that he indeed
posted the libelous statement.

In effect, this mode of

authentication follows the laymans approach for authenticating


electronic evidence.

b. How do you authenticate electronic evidence? (6%)


Suggested Answer:
Section 2, Rule 5 of the REE provides that [b]efore any private
electronic document offered as authentic is received in
evidence, its authenticity must be proved by any of the
following means:
(a) by evidence that it had been digitally signed by the
person purported to have signed the same;
(b) by evidence that other appropriate security procedures
or devices as may be authorized by the Supreme Court or by law
for authentication of electronic documents were applied to the
document; or
(c) by other evidence showing its integrity and reliability
to the satisfaction of the judge.
7. Question:
Distinguish factum probans from factum probandum? (3%)
Suggested Answer:
The factum probandum is the fact to be proved; the fact which
is in issue and to which the evidence is directed. Whereas,
factum probans is the probative or evidentiary fact tending to
prove the fact in issue.
8. Question:
Is an evidence aliunde limited to testimonial evidence? Explain.
(2%)

Suggested Answer:
No . It could include documentary evidence to show latent
ambiguity.
9. Question:
What are the requisites to sustain a conviction of an accused
based on circumstantial evidence? (3%)
Suggested Answer:
a. There must be more than one circumstance;
b. The interference must be based on proven facts; and
c. The combination of all circumstances produces a
conviction beyond reasonable doubt of the guilt of the
accused.
10. Question:
May a private document be offered and admitted in evidence
both as documentary evidence and as object evidence? (4%)
Suggested Answer:
A private document may be offered and admitted in evidence
both as documentary and object evidence depending on the
purpose for which the document is offered. If offered to prove
its existence, condition or for any purpose other than the
contents of a document, the same is considered as object
evidence.

CHAPTER I PRELIMINARY CONSIDERATION


B. Admissibility of Evidence
6

(Pages 42-83)
Shaila C. Villabert
1. Question:
A witness testifies that he saw the event testified to and two
other witnesses having seen the same event which the first
witness claimed he saw, the subsequent testimonies is
a. Admissible in evidence
b. Corroborative evidence
c. Cumulative evidence
d. Secondary evidence
e. None of the above
Suggested Answer: B
2. Question:
Distinguish positive evidence from negative evidence.
Suggested Answer:
Evidence is positive when a witness affirms in the stand that a
certain state of facts does exist or that a certain event happened.
It is negative when the witness states that an event did not
occur or that the state of facts alleged to exist does not actually
exist.
3. Question:
What does the doctrine Falsus in uno, falsus in omnibus
means?
Suggested Answer:

The doctrine means that if the testimony of a witness on a


material issue is wilfully false and given with an intention to
deceive, the injury may disregard all the witness testimony.
4. Question: Give the distinction between admissibility of
evidence and credibility of evidence.
Suggested Answer:
Admissibility of evidence refers to the duty of the court to
receive or allow the evidence, while credibility of evidence refers
to the worthiness of belief of the evidence.
5. Question:
What are the exceptions to the rule on Anti- Wire Tapping? In
what crimes the law will apply?
Suggested Answer:
The acts mentioned as punishable would not constitute a
violation of the law if done by a peace officer authorized by a
written order of the court in cases involving:
1.
2.
3.
4.
5.
6.
7.
8.

Treason;
Espionage;
Provoking war;
Disloyalty in case of war;
Piracy;
Mutiny in high seas;
Rebellion;
Conspiracy and proposal to commit rebellion;

9. Inciting to rebellion, sedition, conspiracy to commit sedition,


inciting to sedition
10. Kidnapping as defined by the Revised Penal Code;
11. Violations of Commonwealth Act No. 616, punishing
espionage and other offenses against national security.
6. Question:
What are the requisites for alibi to prosper on the part of the
defense?
Suggested Answer:
In order for the defense of alibi to prosper two (2) requisites
must concur: first, the appellant was at a different place at the
time the crime was committed, and second, it was physically
impossible for him to be at the crime scene at the time of its
commission.
CHAPTER II BURDEN OF PROOF, QUANTUM OF
EVIDENCE, AND PRESUMPTIONS
(pages 84 to 125)
Nestor Chavez
1. Question:
Burden of Proof.
Suggested Answer:
Burden of proof is the duty of a party to present evidence on the
facts in issue necessary to establish his claim or defense by the
amount of evidence required by law

2. Question:
Distinguish clearly but brieftly between Burden of proof and
burden of evidence?
Suggested Answer:
Burden of proff is the obligation of a party to present evidence
on the facts in issues necessary to establish his claim or defense
by the amount of evidence required by law. (Sec. 1 Rule 131,
Rules of Court). Burden is the duty of a party to go forward with
the evidence to overthrow any prima fair presumption against
him (Bautista V. Sarmiento, 138 SCRA 587).
3. Question:
Explain the equipose doctrine in the law of evidence?

Suggested Answer:
The equipose doctrine is based on the principal that no one
shall be deprived of life, liberty or property without due process
of law. (Sec. 1, Art. III Constitution of the Philippines).
The doctrine refers to a situation where the evidence of the
parties is evenly balanced, or there is doubt on which side the
evidence preponderates (or weigh more heavily).
In this case the decisions should be against the party with the
burden of proof. Hence, where the burden of proof is on the

10

plaintiff and the evidence does not suggest that the scale of
justice should weigh in his favor, the court should render a
verdict for the defendant (Rivera V. Court of Appeals 284 SCRA
673; Marubeni Corp. V. Lirag, 362 SCRA 620).
4. Question:
What is Presumptions?
Suggested Answer:
A presumption is an assumption of fact resulting from a rule of
law which requires such fact to be assumed from another fact or
group of facts found or otherwise established in the (Blacks
Law Dictionary, 5th Ed., p. 1067, citing uniform Rule 13, NJ
Evidence Rule 13). A presumption is not evidence (California
Evidence Code, cited in Blakcs Law Dictionary 5 th Ed., p. 1167).
They merely affect the burden of offering evidence. (Criminal
Evidence, Sec. 64).
5. Question:
Kinds of Presumptions
Suggested Answer:
A presumption of law is an assumption which the law requiers
to be made from a set of facts.

11

A presumption is one of fact when the assumption is made from


the facts without any direction or positive requirements of a
law.
Disputable Presumptions
A presumption is disputable or rebuttable if it may be
contradicted or overcome by other evidence. (Sec. 31, Rule 131,
Rule of Court).
Conclusive Presumptions
Whenever a party has, by his own declaration, act, or omission,
intentionally or deliberately led another to believe a particular
thing is true, and to act upon such belief, he cannot, in any
litigation, arising out of such declaration, act or omission, be
permitted to falsity it.
The tenant is not permitted to deny the title of his landlord at
the time of the commencement of the relation of landlord and
tenant between them.
Disputable Presumption these are examples:
Some significant disputable presumptions under Sec. 3 of Rule
13 are:
(a) That a person is innocent of a crime or wrong;
(b) That an unlawful act was done with unlawful intent;
(c) Tht a person intances the ordinary consequences of his
voluntary acts; (Bar 2012);

12

(d) That a person takes ordinary care of his business;


(e) That evidence willfully suppressed would be adverse if
produced;
(f) That money paid by one to another was due to the latter;
(g) That an obligation delivered up to the debtor has been
paid;
(h) That prior rents or installments had been paid when a
receipt for the later ones is produced;
(i) That a person acting in a public office was regularly
appointed or elected to it;
(j) That official duty has been regularly performed (Bar
2012);
(k) That a court, or judge acting as such, whether in the
Philippines or elsewhere, was acting in the lawful of
jurisdictions;
(l) That private transactions have been fair and regular.
CHAPTER II & III BURDEN OF PROOF AND
PRESUMPTION AND JUDICIAL NOTICE
(Pages 126-167)
Proserfina Pascual-Salvana
1.)Question:
When is a person deemed dead for the purpose of division of his
estate?
Suggested Answer:

13

A person is deemed dead for all purposes even for the purpose
of the division of his estate among his heirs in any of the
following cases:
(a) If the person is on board a vessel that was lost during a
sea voyage, or an aircraft which is missing, and has not
been heard of for four years (4) years since the loss of the
(b)

vessel or aircraft;
If the person is a member of the armed forces who has
taken part in the armed hostilities, and has been missing

(c)

for four (4) years;


If the person has been in danger of death under other
circumstances and whose existence has not been known

(d)

for four (4) years;


If the person is married and has been absent for four (4)
Consecutive years, the spouse present may contract a
subsequent marriage if she or he has a well founded belief
that the absent spouse is already dead.

2) Question:
Distinguish preponderance of evidence from substantial
evidence.
Suggested Answer:
Preponderance of evidence means the greater or superior
weight of evidence. It is the evidence that is more convincing
and more credible than the one offered by the adverse party. It
means that the evidences as a whole adduced by one side are
superior to that of
14

the other. It applies to civil cases. (Republic vs. Sandiganbayan


416 SCRA 133)
Substantial evidence is that amount of relevant evidence which
a reasonable mind might accept as adequate to justify a
conclusion.
This is applicable in cases filed before administrative or quasi
judicial body.
3) Question:
What is the function of Judicial Notice? When is it
discretionary?

Suggested Answer:
The function of judicial notice is to abbreviate litigation by
the admission of matters that need no evidence because judicial
notice is a substitute for formal proof of a matter by evidence.
Under the principle of discretionary judicial notice, A court
may take judicial notice of matters which are of public
knowledge, or are capable of unquestionable demonstration, or
ought to be known to
judges because of their judicial functions.
4) Question:
Supposed a foreign law was pleaded as part of the defense of the
defendant but no evidence was presented to prove the existence

15

of said law, what is the presumption to be taken by the court as


to the wordings of the law?
Suggested Answer;
The court should presume that the law of the foreign
country is the same as Philippine law, under the doctrine of
processual presumption.
5) Question:
Explain briefly whether the Regional trial Court may motu
proprio, take judicial notice of the following;
a) The street name of metamphetamine hydrochloride is shabu;
b) Ordinances approved my municipalities under is territorial
jurisdiction
Suggested Answer:
a) Yes, the Regional Trial Court may motu proprio take judicial
notice of the fact that that the street name metamphetamine
hydrochloride is shabu, considering the chemical
composition of shabu.
b) Yes, the Regional Trial Court should take judicial notice of
municipal ordinances in force in the municipalities within
their jurisdiction but only when so required by law. Such
court must take judicial notice also of municipal ordinances
in cases on appeal to it from the inferior court in which the
latter took judicial notice.

16

Chapter III JUDICIAL NOTICE AND ADMISSION


Chapter IV OBJECT AND DOCUMENTARY EVIDENCE
(Pages 168-209)
Emerald C. Hombrebueno-Cadiz
1. Question:
What is a judicial admission? What are the elements of a
judicial admission?
Suggested Answer:
Judicial admissions are admission, verbal or written, made by a
party in the course of the proceedings in the same case, does not
require proof. (Sec. 4 of Rule 129 of the Rules of Court)
The elements of a judicial admission are:
(a) The same must be made by a party to the case;
(b) It must be made in the course of the proceedings in
the same case; and
(c) It does not require a particular form for an admission.
It may either be written or verbal.
2. Question:
Can the court take judicial notice of scientific findings that drug
abuse can damage the mental faculties of the user? Explain why
or why not.
17

Suggested Answer:
Yes. The Supreme Court has taken judicial notice of scientific
findings that drug abuse can damage the mental faculties of the
user. Therefore, it is beyond question that any employee under
the influence of drugs cannot possibly continue doing his duties
without posing a serious threat to the lives and property of his
co-workers and even his employer. (Bughaw, Jr. vs. Treasure
Industrial Corporation, 550 SCRA 307)
3. Question:
Is admission in drafted documents may be considered as a
judicial admission? Why or why not?
Suggested Answer:
No. An admission made in a document drafted for purposes of
filing a pleading but never filed, is not judicial admission. If
signed by the party, it is deemed an extrajudicial admission. If
signed by the attorney, it is not even an admission by the party.
The authority of the attorney to make statements for the client
extends only to statements made in open court or in pleadings
filed with the court.
4. Question:
Bembol was charged with rape. Bembols father, Ramil,
approached

Artemon,

the

victims

father,

during

the

Premiminary Investigation and offered P 1million to Artemon


to settle the case. Artemon refused the offer. During the pretrial, Bembol personally offered to settle the case for P 1 million
18

to the private prosecutor, who immediately put the offer on


record in the presence of the trial judge. Is Bembols offer a
judicial admission of his guilt?
Suggested Answer:
Yes, Bembols offer is a judicial admission. Section 4 of Rule 129
of the Rules of Court provides that a judicial admission is one
that is verbal or written, made by a party in the course of the
proceedings in the same case. Bembol is a party to the case. The
offer was made in the course of a pre-trial which is part of a
judicial proceeding. An admission is judicial if made not only in
the pleadings, or by verbal or written manifestations in the trial
but also in a pre-trial of the case. Moreover, under Section 27 of
Rule 130, the offer of compromise by the accused could be
considered as an implied admission of guilt.
5. Question:
How judicial admissions may be contradicted?
Suggested Answer:
Section 4 of Rule 129 provides for either of two ways to
contradict a judicial admission, namely:
(a) By showing that the admission was made through palpable
mistake; or
(b) By showing that no such admission was made.
6. Question:
What is object or real evidence? What are the requisites for
admissibility of object evidence?
Suggested Answer:

19

Object or real evidence, as defined by the Rules of Court Section


1 of Rule 130, refers to evidence that is addressed to the senses
of the court.
The requisites for admissibility of object or real evidence are:
(a) The evidence must be relevant and competent;
(b) The evidence must be authenticated;
(c) The authentication must be made by a competent witness;
and
(d) The authentication must be formally offered in evidence.
7. Question:
What are the three (3) categories of object evidence for
purposes of authentication of an object evidence or for laying
the foundation for the exhibit?
Suggested Answer:
For purposes of authentication of an object evidence or for
laying the foundation for the exhibit, object evidence may be
classified into the following:
(a)
Objects that have readily identifiable marks (Unique
objects);
(b) Objects that are made readily identifiable (Objects made
unique); and
(c)
Objects with no identifying marks and cannot be marked
(Non-unique objects).

20

CHAPTER IV OBJECT AND DOCUMENTARY EVIDENCE


(Pages 210-251)
Nina Diana Uy Federizo
1. Question:
What are the guidelines to be used by courts in assessing the
probative value of DNA evidence?
Suggested Answer:
In People vs. Vallejo, the Supreme Court adopted the following
guidelines to be used by courts in assessing the probative value
of DNA evidence:
a. How the samples were collected;
b. How they were handled;
c. The possibility of contamination of the samples;
21

d. The procedure followed in analyzing the samples;


e. Whether the proper standards and procedure were
followed in conducting the tests; and
f. The qualification of the analyst who conducted the test.
2. Question:
What is an Electronic Document? Is it the same as Electronic
Data Message?

Suggested Answer:
An Electronic Document refers to information or the
representation of information, data, figures, symbols or other
modes of written expression described or however represented,
by which a right is established or an obligation extinguished, or
by which a fact may be proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieved or produced
electronically. It includes digitally signed documents and any
print-outs or output, readable by sight or other means, which
accurately reflects the electronic data message or electronic
document.
Yes, an electronic document, under the Rules on Electronic
Evidence, is the same as and may be used interchangeably with
electronic data message.

22

3. Question:
How is the authenticity of a private electronic document offered
as authentic be proved and received in evidence?
Suggested Answer:
Under Section 2, Rule 5 of the Rules on Electronic Evidence,
before any private electronic document offered as authentic is
received in evidence, its authenticity must be proved by any of
the following means:
a. By evidence that it had been digitally signed by the
person purported to have signed the same;
b. By evidence that other appropriate security procedures
as may be authorized by the Supreme Court or by law
for authentication of electronic documents were
applied to the document; or
c. By other evidence showing its integrity and reliability
to the satisfaction of the judge.
4. Question:
In a prosecution for BP 22, the accused insisted on his acquittal
because the prosecution was not able to present the original
check in evidence pursuant to the best evidence rule. He argued
that the presentation of the said original check is a condition
sine qua non for his conviction. Is his argument tenable?
Suggested Answer:
No, the accuseds argument is not tenable. His insistence on the
presentation of the check in evidence as a condition sine qua
non for conviction of BP 22 is wrong. The best evidence rule

23

applies only where the content of the document is the subject of


the inquiry. Where the issue is the existence of the document or
the circumstances surrounding its execution, the best evidence
rule does not apply and testimonial evidence is admissible.
The gravamen of the offense is the act of drawing and issuing a
worthless check. Hence, the subject of the inquiry is the fact of
issuance or execution of the check, not its contents.
5. Question:
What is the Best Evidence Rule and what are its exceptions?
Suggested Answer:
The Best Evidence Rule is enunciated under Section 3 Rule 130
of the Rules of Court which provides that when the subject of
inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself.
The exceptions under the rule are as follows:
a. When the original has been lost, or destroyed, or
cannot be produced in court, without bad faith on the
part of the offeror;
b. 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;
c. 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

24

established from them is only the general result of the


whole; and
d. When the original s a public record in the custody of a
public officer or is recorded in a pubic office.

25

Chapter IV Best Evidence Rule, Parole Evidence,


Authentication and Proof
(Pages 252-293)
Cynthia Ventura
1. Question:
What is an original document?
Suggested Answer:
There are three concepts of original document:
1. The original of a document is one the contents of which are
the subject of inquiry; or
2. When a document is in 2 or more copies executed at or about
the same time, with identical contents, including signed carbon
copies, all such copies are equally regarded as originals; or
3. When an entry is repeated in the regular course of business,
one being copied from another at or near the time of the
transaction, including entries in journals and ledgers, all the
entries are likewise equally regarded as originals (Sec. 4).
2. Question:
Are text messages admissible as evidence?
Suggested Answer:
Yes. Text messages have been classified as ephemeral electronic
communication under Section 1(k), Rule 2 of the Rules on
Electronic Evidence, and shall be proven by the testimony of a
person who was a party to the same or has personal knowledge
26

thereof (Vidallon-Magtolis v. Cielito Salud, A.M. No. CA-05-20P, Sept. 9, 2005).


3. Question:
What is Parol Evidence?
Suggested Answer:
It is any evidence aliunde (extrinsic evidence) which is intended
or tends to vary or contradict a complete and enforceable
agreement embodied in a document (Regalado, Vol. II, p. 730,
2008 ed.). It may refer to testimonial, real or documentary
evidence.
4. Question:
What is Parol Evidence Rule?
Suggested Answer:
It states that when the terms of an agreement have been
reduced to writing, it is considered as containing all the terms
agreed upon and there can be, between the parties and their
successors-ininterest, no evidence of such terms other than the
contents of the written agreement (Sec. 9).
5. Question:
What is authentication?
Suggested Answer:

27

It is proving the due execution and genuineness of the


document.
6. Question:
What is document?
Suggested Answer:
It is a deed, instrument or other duly authorized paper by which
something is proved,

evidenced or set forth. (Bermejo v.

Barrios, G.R. No. L-23614, Feb. 27, 1970)


7. Question:
How is the genuineness of a persons handwriting proved?
Suggested Answer:
1. It may be proved by any witness who actually saw the person
writing the instrument;
2. By any person who is familiar or has acquired knowledge of
the handwriting of such person,
his opinion as to the handwriting being an exception to the
opinion rule under Secs. 48 & 50 of Rule 130;
3. By a comparison of the questioned handwriting from the
admitted genuine specimens thereof; or
4. By expert witness (Secs. 20 & 22, Rule 132; Sec. 49, Rule
130).
CHAPTER V TESTIMONIAL EVIDENCE
(Pages 294-335)

28

CARIDAD GRACE T. TURQUEZA


1. Question:
Distinguish between competency of the witness and credibility
of the witness.
Suggested Answer:
Competency of a witness has reference to the basic
qualifications of a witness as his capacity to perceive and
communicate his perception to others.

It also includes the

absence of any of the disqualifications imposed upon a witness


(Sec. 20-24, Rule 130, Rules of Court).
Credibility of a witness refers to the believability of a witness
and has nothing to do with the law or the rules. It refers to the
weight and trustworthiness or reliability of the testimony.

2. Question:
What are the elements for the application of the dead mans
statute?

Suggested Answer:

29

The following are the elements for the application of the dead
mans statute:
a. The defendant in the case is the executor or administrator or a
representative of the deceased or the person of unsound mind;
b. The suit is upon a claim by the plaintiff against the estate
of said deceased or person of unsound mind;
c. The witness is the plaintiff, or an assignor of that party, or
a person in whose behalf the case is prosecuted; and
d. The subject of the testimony is as to any matter of fact
occurring before the death of such deceased person or
before such person became of unsound mind (Sec. 23,
Rule 130, Rules of Court).
3. Question:
What are the requirement for a witness to be disqualified by
reason of the following:
a. Mental incapacity; and
b. Immaturity

Suggested Answer:

30

a. To be disqualified as a witness by reason of mental


incapacity, the following must concur:
i.

The person must be incaple of intelligently making known


his perception to others; and
ii.

His incapability must exist at the time of his production


for examination

b. To be disqualified as a witness by reason of immaturity, the


following must concur:
i.

The mental maturity of the witness must render him


incapable of perceiving the facts respecting which he is
examined; and

ii.

He is incapable of relating his perception truthfully (Sec.


21(b), Rule 130, Rules of Court).

4. Question:
What is the marital disqualification rule?

What are the

exceptions to the rule?


Suggested Answer:
The marital disqualification rule provides that during their
marriage, neither the husband nor the wife may testify for or
against the other without the consent of the affected spouse,
except in a civil case by one against, or in a criminal

31

case for a crime committed by one against the other or


the latters direct descendants or ascendants.Question:
5. Question:
What are the elements for the application of the marital
privileged communication?
Suggested Answer:
The application of the rule requires the presence of the
following elements
a. There must be a valid marriage between the husband and
wife;
b. There is a communication received in confidence by one
from the other; and
c. The confidential communication was received during the
marriage.

32

CHAPTER V TESTIMONIAL EVIDENCE


(C. EXAMINATION OF WITNESSES)
(Pages 336-377)
CHRI SEL JOY C. SORIANO

1. Question:
A is seeking for the disbarment of B as he allegedly maliciously filed a
criminal case for falsification of public documents against her thereby
violating the attorney client privilege. It appears that B filed a case
against complainant as she apparently made false entries in
the certificate of live birth of her children. More specifically she
allegedly

indicated

that

she

is

married

to

certain

Ferdinand Fernandez when in fact her real husband. A claims that by


filing the complaint the attorney client privilege has been violated. A
filed a case for B disbarment.
Is B violated the attorney client privilege?

Suggested Answer:
We hold that the evidence on record fails to substantiate
complainants allegations. We note that complainant did not even
specify the alleged communication in confidence disclosed by
33

respondent. All her claims were couched in general terms and lacked
specificity. She contends that respondent violated the rule on
privileged communication when he instituted a criminal action
against her for falsification of public documents because the criminal
complaint disclosed facts relating to the civil case for annulment then
handled by respondent. She did not, however, spell out these facts
which will determine the merit of her complaint. The Court cannot be
involved in a guessing game as to the existence of facts which the
complainant must prove. (MERCADO VS. VITRIOLO)

2. Question:
WHAT ARE THE REQUISITES IN ORDER THAT THE
PHYSICIAN

PATIENT

PRIVELEGED

SUCCESSFULLY

CLAIMED?
Suggested Answer: (rule 130, sec. 24)
a. the privilege is a claimed in a civil case
b. the person against whom the privilege claimed is one
duly authorized to practice medicine surgery obstetrics
c. such person acquired the information while he was
attending to the patient in his professional capacity
d. the information was necessity to enable him to action in
that capacity
e. the information was confidential and if disclosed would
blacken the reputation of the patient.
3. Question:

34

Lea filed a verified petition for declaration of nullity of her marriage


to Leo . Evidence for herein presented consisted of her own testimony
and that of her friends, a social worker, and a psychiatrist who treat
Leo does the psychiatrist may give his testimony?
Suggested Answer:
Yes. If the doctors testimony is pursuant to the requirement of
establishing the psychological incapacity of Leo and he is the expert
called upon to testify for the purpose then it should be allowed.
(republic vs. c.a. and Molina 268 scra 198)
4. Question:
Francisco I. Chavez, as taxpayer, citizen and former government
official who initiated the prosecution of the Marcoses and their
cronies who committed unmitigated plunder of the public
treasury and the systematic subjugation of the countrys economy,
alleges that what impelled him to bring this action were several
news reports[2] bannered in a number of broadsheets. These news
items referred to (1) the alleged discovery of billions of dollars of
Marcos assets deposited in various coded accounts in Swiss banks;
and (2) the reported execution of a compromise, between the
government (through PCGG) and the Marcos heirs, on how to
split or share these assets.
Petitioner, invoking his constitutional right to information [3] and
the correlative duty of the state to disclose publicly all its
transactions involving the national interest,[4] demands that
respondents make public any and all negotiations and agreements

35

pertaining to PCGGs task of recovering the Marcoses ill-gotten


wealth. He claims that any compromise on the alleged billions of
ill-gotten wealth involves an issue of paramount public interest,
since it has a debilitating effect on the countrys economy that
would be greatly prejudicial to the national interest of the Filipino
people. Hence, the people in general have a right to know the
transactions or deals being contrived and effected by the
government.
Whether or not there is a privilege against disclosure on certain
matters involving state secrets?
Suggested Answer:
This jurisdiction recognizes the common law holding that there is a
governmental privilege against public disclosure with respect to state
secrets regarding military, diplomatic and other national security
matters.[24] But where there is no need to protect such state secrets,
the privilege may not be invoked to withhold documents and other
information,[25] provided that they are examined in strict confidence
and given scrupulous protection. Likewise, information on intergovernment exchanges prior to the conclusion of treaties and
executive agreements may be subject to reasonable safeguards for the
sake of national interest. (CHAVEZ VS. PCGG)
5. Question:
WHAT ARE THE RIGHTS AND OBLIGATION OF A
WITNESS? (RULE 132 SECTION 3)

36

Suggested Answer:
1. Not to give an answer which will tend to subject him to a
penalty for an offense;
2. To be protected from irrelevant, improper or insulting
questions and from harsh or insulting demeanor
3. Not to be examined except only as to matters pertinent to the
issue;
4. Not to be detained longer than the interest of justice requires
5. Not to give an answer which will tend to degrade his reputation
unless it be the very fact at issue or to a fact from which the fact
in issue would be presumed.
6. QUESTION:
WHEN MAY THE TRIAL COURT ORDER THAT THE TESTIMONY
OF A CHILD BE TAKEN BY LIVE-LINK TELEVISION?
Suggested Answer:
The court may order that the testimony of the child be taken by livelink television if there is a substantial likelihood that the child would
suffer trauma from testifying in the presence of the accused, his
counsel or the prosecutor as the case may be. The trauma must be of a
kind which would impair the completeness or truthfulness of the
testimony of the child.( RULE ON EXAMINATION OF A CHILD
WITNESS SECTION 25F)

37

CHAPTER V TESTIMONIAL EVIDENCE


( Pages 378-419 )
BERNADETTE D. ASUNCION
1. Question:
What are the Two Elements of Corpus Delicti?
Suggested Answer:
a. Proof of the occurrence of a certain event
b. Some persons criminal responsibility for the act
2. Question:
What are the requirements in order that an admission of guilt of
an accused during a custodial investigation be admitted in
evidence?
Suggested Answer:
a. Any extrajudicial confession made by a person arrested,
detained or under custodial investigation shall be in writing
and signed by such person in the presence of his counsel or
in the latters absence, upon a valid waiver and in the
presence of any of the parents , older brothers ,sisters, his
spouse , the municipal mayor , the municipal judge , district
supervisor or priest or minister of the gospel as chosen by
him: otherwise , such extrajudicial confession shall be
inadmissible as evidence in any proceeding.
b. The confession must be corroborated by evidence of corpus
delicti.
3. Question:
What is Res Inter Alios Acta
Suggested Answer:
38

It means that things done between strangers ought not to


injure those who are not parties to them .
4. Question:
Edward and Jacob were charged of Murder. Upon application
of the prosecution , Jacob was discharged from the information
to be utilized as state witness. The prosecutor presented Jacob
as witness but forgot to state the purpose of his testimony much
less offer it in evidence. Jacob testified that he and Edward
conspired to kill the victim but it was Edward who actually shot
the victim. The testimony of Jacob was the only material
evidence establishing the guilt of Edward. Jacob was thoroughly
examined by the defense counsel . After the prosecution rested
its case , the defense filed a motion for demurrer to evidence
based on the ground that Jacobs testimony is not admissible
against Edward pursuant to the rule on res inter alios acta.
Rule on the motion for demurrer.

Suggested Answer:
The demurrer should be denied . The reliance on the rule on
inter alios acta is misplaced. The rule applies only to
extrajudicial declarations and not to statements made in open
court.

Jacob testified as a witness and was in fact cross

examined.
5. Question:

39

Xander

was charged with raping Agnes. Xanders father,

Tonton approached Joey, Agnes father during the preliminary


investigation and offered P 500,00.00 to Joey to settle the case.
Joey refused the offer. During the trial , the prosecution
presented Joey to testify on Tontons offer to settle admissible
in evidence?
Suggested Answer:
The offer of Tonton is not admissible in evidence against
Xander as an implied admission of guilt . To be an implied
admission of guilt , the offer must be an offer of compromise
by the accused. The facts of the case do not indicate that it was
Xander , the accused who made the offer.
6. Question:
Define Judicial affidavit
Suggested Answer:
Judicial affidavit is an affidavit that takes the place of the direct
testimonies of witnesses.

40

Chapter V and VI Judicial Affidavit Rule and Hearsay


Evidence
(Pages 420-461)
Lionel Kendrick Bautista Garcia
1. Question:
What are the effects of failure to submit the judicial affidavits
and exhibits on time? Explain.
Suggested Answer:

41

A party who fails to submit the required judicial affidavits and


exhibits on time shall be deemed to have waived their
submission. (Sec. 10[a], Judicial Affidavit Rule).
The waiver would mean that a party who failed to submit the
judicial affidavit of a particular witness would have no direct
testimony for that witness and the documentary or object
evidence integrated with such affidavit could not be identified,
marked as an exhibit, and authenticated. In effect, the exhibit
could not be offered in evidence.
2. Question:
C overheard D call X a thief. In an action for defamation filed by
X against D, is the testimony of C offered to prove the fact of
utterance i.e., that D called X a thief, admissible in evidence?
Explain.
Suggested Answer:
Yes. The testimony of C who overheard D call X a thief is
admissible in evidence as an independently relevant statement.
It is offered in evidence only to prove the tenor thereof, not to
prove the truth of the fats asserted therein. Independently
relevant statements include statements which are on the very
facts in issue or those which are circumstantial evidence
thereof. The hearsay rule does not apply. (People vs. Gaddi, 170
SCRA 649)
3. Question:
42

The accused was charged with robbery and homicide. The


victim suffered several stab wounds. It appears that eleven
hours after the crime, while the victim was being brought to the
hospital in a jeep, with his brother and a policeman as
companions, the victim was asked certain questions which he
answered, pointing to the accused as his assailant. His answers
were put down in writing, but since he was in a critical
condition, his brother and the policeman signed the statement.
Is the statement admissible as a dying declaration? Explain.
Suggested Answer: Yes. The statement is admissible as a
dying declaration if the victim subsequently died and his
answers were made under the consciousness of impending
death. ( Sec. 37, Rule 130, Rules of Court). The fact that he did
not sign the statement point to the as his assailant, because he
was in a critical condition, does not affect its admissibility as a
dying declaration. A dying declaration need not be in writing.
(People vs. Viovicente, 286 SCRA 1).
4. Question: What are the requisites to the admissibility of a
dying declaration?
Suggested Answer:
The requisites to the admissibility of a dying declaration are:
1. The declaration is one made by a dying person;
2. The declaration is made by said dying person under a

43

consciousness of his impending death;


3. The declaration refers to the cause and circumstances
surrounding the death of the declarant and not of anyone else;
4. The declaration is offered in a case where the declarants
death is the subject of inquiry;
5. The declarant is competent as a witness had he survived; and
6. The declarant should have died.
5. Question:
Distinguish hearsay evidence and opinion evidence.
Suggested Answer: Hearsay evidence is one that is not based
on ones personal perception but based on the knowledge of
others to prove the truth of the matter asserted in an out-ofcourt declaration. (Sec. 36, Rule 130, Rules of Court). An
opinion evidence is based on the personal knowledge or
personal conclusions of the witness based on his skill, training
or experience.

44

CHAPTER VI HEARSAY EVIDENCE, OPINION EVIDENCE


AND CHARACTER EVIDENCE
(Pages 462-503)
Bonifacio V. Catubay
1. Question:
Testimony of a witness who has no personal knowledge of the
facts in issue is considered hearsay, hence, in admissible. What is the
effect if hearsay evidence is introduced during trial and the other
party failed to object?
Suggested Answer:

45

Hearsay evidence whether objected to or not has no probative


value unless the proponent can show that such evidence falls within
the exceptions to hearsay rule. (PEOPLE V. NEBREJA)
2. Question:
What are the exceptions to the HEARSAY RULE? Reasons.
Suggested Answer:
The following are the exceptions to the hearsay rule: (Sections 37-47,
Rule 130)
1.
2.
3.
4.
5.
6.
7.
8.
9.

Dying declaration.
Declaration Against Interest.
Act or Declaration about pedigree.
Family reputation or tradition regarding pedigree.
Common reputation.
Part of the Res Gestae
Entries in the course of business.
Entries in the official records.
Commercial list and the like.

10.Learned Treaties
11. Testimony or deposition at a Former proceeding.
The reason for the exceptions of the hearsay rule is for necessity and
trustworthiness.
3. Question:
What are the requisites of a dying declaration?
Suggested Answer:

46

In order that a dying declaration may be excepted under the


hearsay rule, the following requisites must be present:
1. The declaration was made by the deceased under the
consciousness of his impending death.
2. The deceased was at the time competent as a witness.
3. The declaration concerns the cause and surrounding
circumstances of the declarants death.
4. It is offered in a case wherein the declarants death is the
subject of the inquiry.

4. Question:
Distinguish a dying declaration from part of the Res Gestae.
Suggested Answer:
1. A dying declaration can be made only by the victim, while a
statement as part of the res gestae may be that of the killer
during or after the crime.
2. A dying declarations are made only after the crime has been
committed, while in res gestae, the statement may be done
before, during or after the act is committed.
3. The trustworthiness of a dying declaration is based on the
declarants impeding death, while in res gestae, the statement is
based on spontaneity.
5. Question:
What is the rule on the admissibility of character evidence in
criminal cases?

47

Suggested Answer:
In criminal cases as provided in section 51, rule 130 of the rules on
Evidence, character evidence not generally admissible; exceptions
enumerated:
1. The accused may prove his good moral character which is
pertinent to the moral trait involved in the offense charged.
2. Unless in rebuttal, the prosecution may not prove his bad
moral character which is pertinent to the moral trait involved
in the offense charged.
3. The good or bad moral character of the offended party may
be proved if it tends to establish in any reasonable degree the
probability or improbability of the offense charged.
6. Question:
May the trial court order that the testimony of a child be taken by
live-link television?
Suggested Answer:
Yes, the court may order the testimony of the child be taken by lovelink television if there is a substantial likelihood that the child would
suffer trauma from testifying in the presence of the accused, his
counsel or the prosecutor as the case may be.
7. Question:
When may an opinion of a witness admissible?

48

Suggested Answer:
Opinion of a witness is not admissible as provided in section 49 and
section 50. Rule 130 of the Rules on Evidence, to wit;
1. Opinion of an expert witness on a matter requiring special
knowledge, skill, experience or training which he is shown to
possess. (Section 49, Rule 130)
2. Opinion of ordinary witness for which proper basis is given
regarding the following:
a. The identity of a person about whom he has adequate
knowledge.
b. A handwriting with which he has sufficient familiarity.
c. The mental sanity of a person with whom he is sufficiently
acquainted.
The witness may also testify on his impression of the emotion,
behavior, condition or appearance of a person.
If the opinion of a witness falls under the exceptions provided in
Section 49 and section 50 Rule 130 of the Rules on Evidence, it
becomes admissible as evidence.

49

APPENDIX B: RULE ON EXAMINATION OF A CHILD


WITNESS
(A.M. NO. 004-7-SC)
(Pages 504-553)
ANSELINO GREGOR D. QUILESTE
1. Question:
What are the following condition were the court may admit
videotapes and audiotape in-depth investigative or disclosure
interviews in child abuse case?
Suggested Answer:
(a) The child witness is unable to testify in court on grounds and
under conditions established under section 28(c)
(b)
The interview of the child was conducted by duly train
members of a multidisciplinary team or representatives of law
enforcement or child protective services in situation where child
abuse is suspected so as to determine whether child abuse
occurred.
(c) The party offering the videotape or audiotape must prove that:
(1) the videotape or audiotape discloses the identity of all
individuals present and at all times includes their images
and voices;
(2) the statement was not made in response to questioning
calculated to lead the child to make a particular statement

50

or is clearly shown to the statement of the child and not


the product of improper suggestion;
(3) the videotape and audiotape machine or device was
capable of recording testimony
(4) the person operating the device was competent to operate
it;
(5) the videotape or audiotape is authentic and correct; and
(6) it has been dully preserve
2. Question:
The requirements to be complied, in order that videotaped and
audiotaped shall be released?
Suggested Answer:
A party intending to offer such evidence must:
(1) File a written motion at least fifteen (15) days before trial,
specifically describing the evidence and stating the purpose for
which it is offered, unless the court, for good cause, requires a
different time for filling or permits filing during trial; and
(2)
Serve the motion on all parties and he guardian ad litem at
least three (3) days before the hearing of the motion.
3. Question:
Define DNA?

Suggested Answer;

51

DEOXYREBONUCLEIC acid, which is he chain of molecules found


in every nucleated cell of the body. The totality of an individuals
DNA is unique for the individuals, except identical twins.
4. Question:
Extracting a blood sample and cutting a strand from the hair of
the accused violates the accuseds constitutional right against
self- incrimination or his right of privacy and personal
integrity?
Suggested Answer:
The DNA result is admissible in evidence. It is not a violation of
the accuseds constitutional right against self-incrimination or his
right of privacy and personal integrity. The right to selfincrimination is simply against the legal process of extracting from
the lips of the accused an admission of guilt. It does not apply
where the evidence sought to be excluded is not an incrimination
but a part of object evidence.
5. Question:
Explain the preservation of DNA Evidence?
Suggested Answer:
The trial court shall preserve the DNA evidence in its totality,
including all biological samples, DNA profiles and results or other
genetic information obtained from DNA testing. DNA evidence can

52

be an object, documentary or testimonial evidence depending on


what is presented in court. It is not exclusively identifiable.

53