METALANGUAGE

1. WITNESS-A person who has knowledge of a particular matter

2. PRIVILEGE COMMUNICATIONS- is an interaction between two parties in
which the law recognizes a private, protected relationship. Whatever is
communicated between the parties remains confidential, and the law
cannot force their disclosure. Even disclosure by one of the parties comes
with legal limitations
3. CONFESSION- The declaration of an accused acknowledging his guilt of
the offense charged, or of any offense necessarily included therein, may
be given in evidence against him. (29a)
4. ADMISSION- The act, declaration or omission of a party as to a relevant
fact may be given in evidence against him. (22)
5. HEARSAY RULE- A witness can testify only to those facts which he
knows of his personal knowledge; that is, which are derived from his own
perception, except as otherwise provided in these rules. (30a)

ESSENTIAL KNOWLEDGE:
C.TESTIMONIAL EVIDENCE

1. QUALIFICATION OF WITNESS
SEC. 20 WITNESSES; THEIR QUALIFICATIONS

A. Witnesses; their qualifications. —All persons who can perceive, and perceiving,
can make their known perception to others, may be witnesses. Religious or
political belief, interest in the outcome of the case, or conviction of a crime unless
otherwise provided by law, shall not be ground for disqualification (Sec. 20).

SEC. 21 DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR

IMMATURITY

B. Disqualified as witness are the following:

A. Disqualification by reason of mental incapacity:
B. Disqualification by reason of infancy;
C. Disqualification by reason of marriage;
D. Disqualification by reason of death or insanity of the adverse party;
E. Disqualification by reason of privilege communication
C. The Test to determine Insanity:
A. Test of cognition-complete deprivation of intelligence.
B. Test of Volition-total deprivation of the freedom of the will.

4. Disqualification: insane at the time of presentation as a witness.

D. Rule on Insanity as disqualification:
A. If a person was insane at the time the incident occurred, but not when placed on
the witnessed stand, he maybe permitted to testify provided he can recollect the
facts and appreciate the obligation of being a witness of course, the persons
having been insane before can greatly affects his credibility.
E. Rule on Infancy as Disqualification:
A. The test is not the age of the child but the maturity of the child.-if found by the
court that the child has enough intelligence, understanding and sense of duty to
know the facts and to tell them truthfully, he maybe allowed to testify (Rule on
Disqualification of Child Witness as Provided by the Court).

SEC. 22 DISQUALIFICATION BY REASON OF MARRIAGE

F. Rule on Marital Disqualification Rule:

A. Marital disqualification- during their marriage, no spouse may testify for or against
the other without the consent of the affected spouse unless it falls in the
exceptions.
B. Reason of the Disqualifications:
1. The law want to preserve the mutual trust and confidence necessary in a
marriage relationship.
2. Where there is want of domestic tranquillity exist, there is danger of
punishing one spouse through the hostility of the other.
3. To prevent the consequent danger to commit perjury.

C. Exceptions:
1. In a civil case, by one spouse against the other spouse or;
2. In a criminal case, for a crime committed by one spouse or the latter direct
descendant or ascendant

SEC. 23 DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE

PARTY
G. Rule on disqualification by reason of death or insanity of the adverse party;

A. . Dead man’s statute/SURVIVORSHIP DISQUALIFICATION RULE-it is

designed to close the lips of the party plaintiff when death has closed the lips of
the party defendant in order to remove from the surviving party the temptation to
falsehood and the possibility of fictitious claims against the deceased.
B. Who can claim the disqualification?
1. This objection maybe claimed only by the executor, administrator, or
representative of a dead or insane person, who is defendant in a case,
where the claim or demand is made against the estate of such dead or
insane person.
 C. Plaintiff claiming against the estate is prohibited from testifying on the following
subject matter:
1. a contract for the payment of goods furnished by the deceased or insane
person;
2. an agreement to divide property;
3. a settlement of an indebtedness or obligation due to the deceased or
insane person; and
4. a contract for the payment of goods given or for service rendered to the
deceased or insane person.
D. Exception to the rule:
1. witnesses are not included in the prohibition
2. facts favorable to the deceased.

SEC. 24 DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION

A. Privilege communication-During or after marriage, no husband or wife may testify for

or against the other without the consent of the affected spouse concerning
confidential communication received by one by the other during their marriage.

1. PURPOSE: To protect the accused against statements made in

confidence engendered by the marital relations and to relieve the husband
or the wife to whom the confidential communication might have been
made from the obligation of revealing them to the prejudice of the other
spouse.
2. EXCEPTIONS:
1. In a civil case, by one spouse against the other spouse or;
2. In a criminal case, for a crime committed by one spouse or the latter
direct descendant or ascendant
b. Attorney- Client Privilege Communication.
A. Requisites:
1. the person from whom the legal advice is sough must be an attorney in his
professional capacity;
2. there must be a relation of attorney and client by reason of which the client
made confidential communication to the attorney an, in turn, the attorney
gave legal advice thereon to the client.
B. Exception.
1. when authorized by a client
2. when required by law
3. when necessary to collect his fees, or to defend himself or by judicial
action
C. Person covered by the privilege:
1. Secretary
2. Stenographer
3. Legal Researcher
c. Doctor-Patient Privilege Communication
 A. When Applicable?

1. APPLIES ONLY IN CIVIL CASES. It cannot be invoked in a criminal case

because the privilege cannot be used as a shield in the prosecution of a
crime.
2. The communication must have been made by the patient in a
CONFIDENTIAL MANNER while seeking medical advice or treatment,
and acquired by the doctor while attending the patient either for curing or
preventing.
B. Person covered by the privilege;
1. Intern is covered by the privilege.
2. Pharmacist, nurses, and attendant who overheard the confidential
communication are free to disclose it, if they are not employed by or act
as agent of the doctor. Otherwise, they are also prohibited.
 EXCLUDED: the mere fact of making a communication, as well as the
date of the consultation made are not.
 The privilege belongs to the patient and not to the physician. Hence it
maybe waive by the patient (Evidence Annotated by Bernardo)
d. Priest-Penitent Privilege Communication
A. Prerequisite: The confession must be penitentiary in character, that is, with the
view of obtaining pardon for one’s sins
B. EXCLUDED:
1. Any reply, advice or penance that may have been given or statements
made by a person while seeking spiritual advice or help from a priest or
minister.
2. Third person who overheard the confession are not prohibited from
testifying about what her heard during the confession.
e. State Secrets
A. REASON: it is essential that government matters or activities especially those
that bear on or Involved in the security of the state are kept secret, hence, a
public officer cannot be compelled to testify on any communication made to or
acquired by him in official confidence, if to disclose such information or
communication will affect or injure public interest.
B. Matters involving the defense of the country against foreign and local
aggressors fall within the scope of this prohibition.
C. Included are bank secrecy law, informers privilege, privilege of newspaper
men.
D. This privilege applies to public officers, no longer in public service.

2. TESTIMONIAL PRIVILEGE
SEC 25 PARENTAL AND FILIAL PRIVILEGE
H. Parental and Filial Privilege
No person may be compelled to testify against his parents, other direct
ascendants, children or other direct descendants.

ADMISSIONS AND CONFESSIONS

SEC. 26 ADMISSION OF A PARTY

1. Admission (types)

A. Admission by a person- The act, declaration or omission of a party as to a

relevant fact may be given in evidence against him.

B. Distinguish Admission from Confession:

Admission Confession
1. STATEMENTS OF FACTS NOT 1. ACKNOWLEDGING OF
NECESSARILY THE GUILT OF THE
ACKNOWLEDGING GUILT OFFENSE CHARGE

2. MAYBE EXPRESS OR 2. MUST BE EXPRESS

IMPLIED

3. .APPLIES TO BOTH CIVIL OR 3. APPLIES ONLY TO

CRIMINAL CASES CRIMINAL CASES

SEC. 27 OFFER OF COMPROMISE NOT ADMISSIBLE

C. Rule to an Offer of Compromise:

1. In civil case- an offer of compromise is not an admission of any liability, and is
not admissible in evidence against the offeror.
2. In criminal cases- General Rule: An offer of compromise by the accused maybe
received as implied admission of guilt.

Except:
a. Those involving quasi-offenses (criminal negligence) or those allowed
by law to be compromised,
b. A plea of guilty later withdrawn,
c. An unaccepted offer of a plea of guilty to lesser offense, is not
admissible in evidence against the accused who made the plea or
offer.
 d. An offer to pay or the payment of medical, hospital or other expenses
occasioned by an injury is not admissible in evidence as proof of civil
or criminal liability for the injury ( Bernardo)

SEC. 28 ADMISSION BY THIRD PARTY

D. Admission by a third person (Res Inter Alius Acta Rule I)- The rights of a party
cannot be prejudiced by an act, declaration, or omission of another, except as
hereinafter provided. (25a)

SEC. 29 ADMISSION BY CO-PARTNER OR AGENT

Requisites:
a. The act or declaration of a partner of a party was made within the scope of his
authority
b. Such declaration was made during the existence of partnership or agency;
c. The partnership or agency is proved by evidence other than such act or
declaration.

SEC. 30 ADMISSION BY CONSPIRATOR

Requisites;
1. The act or declaration of the conspirators is related to the conspiracy;
2. Such act or declaration was made during the existence or carrying out of the
conspiracy; and the conspiracy is proved by evidence other than such act or
declaration.

SEC. 31 ADMISSION BY PRIVIES

Requisites:
1. A party derived title to the property in question from another who was privy to
the transaction;
2. The act, declaration, or omission of such privy is related to the property in
question; and
3. Such act or declaration, or omission was made by the privy while holding title
the property.

SEC 32 ADMISSION BY SILENCE

Requisites:
1. That he heard and understood the statement;
2. That he was at liberty to interpose denial;
3. That the statement was in respect to some affecting the rights or in which he
was then interested, and calling , naturally, for an answer;
4. That the fact were within his knowledge; and
5. That the fact admitted or inference to be drawn from his silence would be
material to the issue.
SEC. 33 CONFESSION

1. Confession- The declaration of an accused acknowledging his guilt of the

offense charged, or of any offense necessarily included therein, may be given in
evidence against him.
2. Distinguish Judicial Confession from Extrajudicial Confession;

Judicial Confession Extrajudicial Confession

1. MADE BEFORE COURT OR 1. MADE OUT OF COURT OR
IN A JUDICIAL TO ANY PERSON, OFFICIAL,
PROCEEDINGS. OR OTHERWISE, NOT IN
THE COURSE OF A
JUDICIAL
PROCEEDINGS.

2. JUDICIAL CONFESSION IS 2. EXTRAJUDICIAL

SUFICIENT FOR CONFESSION IS NOT
CONVICTION IF ALL THE SUFFICIENT GROUNDS FOR
REQUISITES FOR ITS CONVICTION UNLESS
ADMISSBILITY IN CORROBORATED BY
EVIDENCE ARE MET. EVIDENCE CORPUS
DELICTE.

3. PREVIOUS CONDUCT RULE

SEC 34. SIMILAR ACT AS EVIDENCE

E. Previous Conduct as Evidence (Res inter alius acta rule 2)- where the evidence
shows that one did or did not do a certain thing at one time is not admissible to prove
that he did or similar thing at another time; but it may be received to prove a specific
intent or knowledge, identity, plan, system. Scheme, habit, custom or usage and the
like.
F. The Principle of “Res ipsa loquitur”-(rayz ip-sah loh-quit-her) n. Latin for "the thing
speaks for itself," a doctrine of law that one is presumed to be negligent if he/she/it
had exclusive control of whatever caused the injury even though there is no specific
evidence of an act of negligence, and without negligence the accident would not
have happened.
Examples:
a) A load of bricks on the roof of a building being constructed by Highrise Construction
 Co. falls and injures Paul Pedestrian below, and Highrise is liable for Pedestrian's
injury even though no one saw the load fall.
b) While under anesthetic, Isabel Patient's nerve in her arm is damaged although it was
not part of the surgical procedure, and she is unaware of which of a dozen medical
people in the room caused the damage. Under res ipsa loquitur all those connected
with the operation are liable for negligence.

SEC. 35. UNACCEPTED OFFER. — An offer in writing to pay a particular sum of

money or to deliver a written instrument or specific personal property is, if rejected
without valid cause, equivalent to the actual production and tender of the money,
instrument, or property. (49a)

1. Tender of payment even if valid, does not by itself produce the legal
payment, unless it is completed by consignation Pnb. Vs. Relativo, 92 Phil.
203)
2. The burden of payment lies with the debtor.

4. TESTIMONIAL KNOWLEDGE

SEC. 36. TESTIMONY GENERALLY CONFINED TO PERSONAL

KNOWLEDGE; HEARSAY EXCLUDED.

1. Testimonial Knowledge Rule/ Hearsay Rule- a witness may testify only those
facts which he knows of his own knowledge, that is, which are derived from his
own perception through his organ of sense. OR TESTIMONIAL KNOWLEDGE
RULE- THAT TESTIMONY WITNESS IS GENERALLY CONFINED TO
HIS/HER PERSONAL KNOWLEDGE OF FACTS. It is also called SECOND
HAND EVIDENCE.
2. Oral evidence of a witness not based on personal knowledge is considered as
HEARSAY.
3. It not necessary that the witness knowledge of facts to which he testifies should
have been obtained in any particular manner, and he may testify to what he
hears, feels, tastes, smells or sees.
Examples of written hearsay evidence are:
1. A medical certificate issued by a doctor who was not called to testify;
2. An affidavit of an accused implicating another in the commission of an
offense where the accused is not placed on the witness stand;
3. A newspaper clipping, a letter and a telegram to show the death of an
insured in an action on the life insurance policy.
Examples of oral hearsay evidence are:
 1. The testimony of a mother that the alleged father of her heirs, read to
her a document wherein he acknowledge her son as his- hearsay
because the father is still alive but if the father is already dead it is
admitted as exception to the hearsay-declaration about pedigree;
2. To show his innocence, the testimony of an accused that the third person
had confessed to the crime; and
3. Testimony of a witness to a highway accident that the driver told him that
the automobile belonged to the defendant.(Evidence in action by
Pronove)
4. Doctrine of Independent Relevant Statement or tenor statement rule- when the
testimony is presented to established not the truth but the tenor of the statement
of the fact that the statement was made, it is not hearsay.
5. It is when a statement is presented for the purpose of proving the truth of the
facts asserted therein, it is hearsay and inadmissible;

Example: a witness in a slander case testified that he heard Juana say that Pedro
was a thief, it will not be admitted being hearsay. But if the testimony is presented to
prove that Juana uttered those words, regardless of whether her statement is true or
false, the testimony is admissible

5. EXCEPTIONS TO THE HEARSAY RULE

SEC 37. DYING DECLARATION

Requisites:
1. It must concern the crime or surrounding circumstances of the declarants death;
2. At the time it was made, the declarant was under a consciousness of an
impending death;
3. The declarant was competent as a witness at the time the same was executed;
4. The declaration is offered in a criminal case of homicide, murder, or parricide in
which the declarant was the victim.

SEC. 38. DECLARATION AGAINST INTEREST.

Requisites:

1. That the declarant is dead or unable to testify;

2. That it relates to a fact against the interest of the declarant;
3. That at the time he made the declaration, the declarant was unaware that the
same was contrary to his aforesaid interest;
4. That the declarant has no motive to falsify and believe that the declaration to be
true.
SEC. 39. ACT OR DECLARATION ABOUT PEDIGREE

Requisites:

5. That the is dead or unable to testify;

6. That the declarant be related to the person whose pedigree is the subject of the
inquiry by birth or marriage;
7. That such relationship be shown by evidence other than the declaration;
8. That the declaration was made ante litem motam, or prior to the controversy.

SEC. 40. FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE

Requisites:

1. That there is a controversy with respect to the pedigree of the family;

2. That the reputation or tradition of the pedigree of the person concerned
existed, previous to the controversy, and
3. That the witness testifying to the reputation or tradition regarding the
pedigree of the person must be a member of the said family.

SEC. 41. COMMON REPUTATION

Two types of common reputation:

1. Common reputation existing previous to the controversy concerning facts of

public or general interest more than 30 years old; and
2. Common reputation existing previous to the controversy concerning marriage or
moral character.
 Common reputation maybe proved by monuments and inscription in
public places.
 Character is what is a man is, and reputation is what he is supposed to be
in what people say he is.

SEC. 42. PART OF RES GESTAE*

Requisites:

1. That the principal act, the res gestae, be a startling occurrence;

2. That the occurrence were made before the declarant had time to contrive or devise,
and
3. That the statement must concern the occurrence in question and it’s immediately
attending circumstances.
 Things done or things happened
  To be admissible it must appear that the statement was made under
shock, or stress, or influence of the startling occurrences, such that as
has so often been said, quite accurately, it is the event speaking through
the witness speaking the event Olondrez vs People 152 scra 65).(
Evidence annotated by Bernardo)

SEC. 43. ENTRIES IN THE COURSE OF BUSINESS.

Requisites:

1. That the person who made the entry must be dead, outside the country or unable
to testify;
2. The entries were made at or near of the transaction to which it refer;
3. The entrant was in position to know the facts stated in the entries;
4. The entries were made in his professional capacity or in the performance of a
duty, whether legal, contractual, moral or religious;
5. The entries were made in the ordinary or regular course of business or duty.

SEC. 44. ENTRIES IN OFFICIAL RECORDS.

Requisites:

1. If the entry was made by a public officer, or by another person especially

enjoined by law to do so;
2. That it was made by the public officer in the performance of a duty, or by such
other person in the performance of a duty specially enjoined by law; and
3. That the public officer or other person had sufficient knowledge of the facts
stated, which must have been acquired by him personally or through official
information.

SEC. 45. COMMERCIAL LISTS AND THE LIKE.

Requisites:

1. It is a statement of matters of interest to person engaged in an occupation;

2. Such statement is contained in a list, register, periodicals, or other published
compilation
3. That said compilation for the use of persons engaged in that occupation;
4. It is generally used and relied uon by persons in the same occupation.,

SEC. 46. LEARNED TREATISES

Requisites

1. IF the court takes judicial notice that the writer of the treaties is recognized in his
profession or calling as expert in the subject of history, law, science or art; or
 2. If the witness expert in the subject testifies that the writer of the treaties is
recognized in his profession or calling as expert in the subject.

SEC. 47. TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING

Requisites:

1. The witness or deponent is deceased or unable to testify;

2. The testimony or deposition of said witness was given in a former case or
proceedings, either administrative or judicial;
3. The former case or proceedings involves the same parties and subject matter;
4. The adverse party in the former case or proceedings had cross-examine the
witness or deponent.