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VI. Burden of Proof and Presumptions (131.1), Notable Disputable…

- - - - Doctrine in Criminal Cases - where the evidence is evenly balanced, the constitutional presumption of innocence tilts the scales in favor of the accused
    - - Who has Burden of Proof -
        
        Civil Cases - is on the party who would be defeated if no evidence were given on either side, the plaintiff with respect to his complaint, the defendant with respect to his counterclaim, and the cross-claimant, with respect to his cross-claim
        
        Criminal Cases - the burden of proof rests on the prosecution
- - - - Admission - Whenever a party has, by his or her own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he or she cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it.
        
        Elements - A party:
        
        By his or her own declaration, act or omission;
        
        He or she intentionally and deliberately led another to believe a particular thing is true;
        
        To act upon such belief; and
        
        The litigation arises out of such declaration act or omission
      - Tenant - tenant is not permitted to deny the title of his or her landlord at the time of the commencement of the relation of landlord and tenant between them.
        
        Non-Applicability (Ermitaño v. Paglas) - If the title asserted is one that is alleged to have been acquired subsequent to commencement of that relation, the presumption will not apply
    - - Registration (PD 1529, Sec. 32)- After 1 year, registration and TCT incontrovertible. The decree of registration and the certificate of title issued shall become incontrovertible, upon the expiration of the one-year period within which any person deprived of land or of any estate or interest therein by such adjudication or confirmation of title obtained by actual fraud, to file in the proper court a petition for reopening and review of the decree of registration.
      - Legitimacy (FC 167) - The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress.
        
        Factum probans that the child was conceived or born during the marriage of its parents conclusively establishes the factum probandum of the legitimate status of that child
        
        any factum probans presented and offered to prove the truth of the latter declaration (of the mother) will be inadmissible in evidence.
  - - - (i) That prior rents or installments had been paid when a receipt for the later one is produced;
        
        (j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that things which a person possesses, or exercises acts of ownership over, are owned by him or her;
        
        (k) That a person in possession of an order on himself or herself for the payment of the money, or the delivery of anything, has paid the money or delivered the thing accordingly;
        
        (l) That a person acting in a public oﬃce was regularly appointed or elected to it;
        
        (m) That official duty has been regularly performed;
        
        (n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of jurisdiction;
        
        (o) That all the matters within an issue raised in a case were laid before the court and passed upon by it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid before the arbitrators and passed upon by them;
        
        (p) That private transactions have been fair and regular;
        
        (q) That the ordinary course of business has been followed;
        
        (r) That there was a sufficient consideration for a contract;
        
        (s) That a negotiable instrument was given or indorsed for a sufficient consideration;
        
        (t) That an indorsement of a negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated;
        
        (u) That a writing is truly dated;
        
        (v) That a letter duly directed and mailed was received in the regular course of the mail;
        
        (w) That after an absence of seven [(7)] years, it being unknown whether or not the absentee still lives, he or she is considered dead for all purposes, except for those of succession.
        
        The absentee shall not be considered dead for the purpose of opening his or her succession until after an absence of ten [(10)] years. If he or she disappeared after the age of seventy-ﬁve [(75)] years, an absence of ﬁve [(5)] years shall be suﬃcient in order that his or her succession may be opened.
        
        The following shall be considered dead for all purposes including the division of the estate among the heirs:
        (1) A person on board a vessel lost during a sea voyage, or an aircraft which is missing, who has not been heard of for four [(4)] years since the loss of the vessel or aircraft;
        (2) A member of the armed forces who has taken part in armed hostilities, and has been missing for four [(4)] years;
        (3) A person who has been in danger of death under other circumstances and whose existence has not been known for four [(4)] years; and
        (4) If a married person has been absent for four [(4)] consecutive years, the spouse present may contract a subsequent marriage if he or she has a well-founded belief that the absent spouse is already dead. In case of disappearance, where there is a danger of death[, under] the circumstances hereinabove provided, an absence of only two [(2)] years shall be suﬃcient for the purpose of contracting a subsequent marriage. However, in any case, before marrying again, the spouse present must institute summary proceeding[s] as provided in the Family Code and in the rules for declaration of presumptive death of the absentee, without prejudice to the eﬀect of reappearance of the absent spouse[;]
        
        (x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact;
        
        (y) That things have happened according to the ordinary course of nature and ordinary nature habits of life;
        
        (z) That persons acting as copartners have entered into a contract of copartnership;
        
        (aa) That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;
        
        (bb) That property acquired by a man and a woman who are capacitated to marry each other and who live exclusively with each other as husband and wife, without the benefit of marriage or under a void marriage, has been obtained by their joint efforts, work or industry;
        
        (cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each other and who have acquired property through their actual joint contribution of money, property or industry, such contributions and their corresponding shares, including joint deposits of money and evidences of credit, are equal;
        
        (dd) That if the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary:
        
        (1) A child born before one hundred eighty (180) days after the solemnization of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage; and
        (2) A child born after one hundred eighty (180) days following the celebration of the subsequent marriage is considered to have been conceived during such marriage, even though it be born within the three hundred days after the termination of the former marriage;
        
        (ee) That a thing once proved to exist continues as long as is usual with things of that nature;
        
        (ff) That the law has been obeyed;
        
        (gg) That a printed or published book, purporting to be printed or published by public authority, was so printed or published;
        
        (hh) That a printed or published book, purporting to contain reports of cases adjudged in tribunals of the country where the book is published, contains correct reports of such cases;
        
        (ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him or her when such presumption is necessary to perfect the title of such person or his or her successor in interest;
        
        (jj) That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules:
        
        If both were under the age of fifteen years, the older is deemed to have survived;
        
        If both were above the age of sixty, the younger is deemed to have survived;
        
        If one is under fifteen and the other above sixty, the former is deemed to have survived;
        
        If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older; and
        
        If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived;
        
        (kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they shall be considered to have died at the same time. (3a)
        
        Unlawful Possesssion (People v. Urzais & Mabunga v. People) - Presumption is limited to cases where such possession is:
        
        Unexplained
        
        Proferred explanation is rendered implausible in view of evidence inconsistent thereto
        
        Proof of Possession (Mabunga v. People) For purposes of conclusively proving possession, several considerations must be emphasized
        
        Possession unexplained by any innocent origin?
        
        Possession must be fairly recent
        
        Possession must be exclusive
        
        Duty of Prosecution - must still prove basic facts, namely:
        
        Crime was committed
        
        Committed recently
        
        Stolen property is with defendant
      - Evidence Willfully Suppressed (People v. Pajernos) -
  - - - Types of Presumption -
        
        Presumption of Fact - Essentially an inference. e.g. Inference of guilt upon discovery of bloodied garment in possession of accused. Those which the experience of mankind has shown to be valid, founded on general knowledge and information;
        
        Presumption of Law - Those which the law requires to be drawn from the existence of established facts in the absence of contrary evidence; derived from the law itself rather from common logic or probability . Here, there must be a legal provision or ruling. (Presumtpion of innocence, presumption of neglgience of a common carrier, etc.,)
- - - - C. Order of Examination [Rule 132, Sections 4 to 10; Rule 115, Section 1(d)]
        
        D. Impeachment of Witnesses; Exclusion of Witnesses (Rule 132, Sections 11 to 15; Rule 23, Section 4)
        
        E. Reference to Writing (Rule 132, Sections 16 to 18) Borromeo v.
        
        Reference to a Memorandum -
        
        Testimony from no Recollection - A witness may also testify from such a writing or record, though he/she retain no recollection of the particular facts, if he/she is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution.
        
        Referral - A witness may be allowed to refresh his/her memory respecting a fact:
        
        by anything written or recorded
        
        by himself/herself or under his/her direction
        
        at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his/her memory and
        
        he/she knew that the same was correctly written or recorded
        
        the writing or record must be produced and may be inspected by the adverse party, who may, if he/she chooses, cross-examine the witness upon it, and may read it in evidence.
        
        Admissibility of Entire Document - When part of transaction, writing or record given in evidence, the remainder admissible.
        
        Partiallly Admitted - When part of an act, declaration, conversation, writing or record is given in evidence by one party,
        
        the whole of the same subject may be inquired into by the other
        
        Detached Portion - When a detached act, declaration,conversation, writing or record is given in evidence,
        
        any other act, declaration, conversation, writing or record necessary to its understanding may also be given in evidence
        
        Right to Inspect (132.18) - Whenever a writing is shown to a witness, it may be inspected by the adverse party
        
        F. Examination of Child Witnesses - Every child is presumed qualified to be a witness
        
        Judicial Affidavit Rule A.M.
        12-8-8-SC -
        
        A. Scope - To all actions, proceedings and incidents requiring the reception of evidence before the following:
        
        Courts - UNLESS small claims cases
        
        Investigations - Investigating officers and bodies authorized by the SC to receive evidence, including the IBP
        
        Quasi-Judicial Bodies - Whose Rules of Procedures are subject to disapproval of the SC if existing Rules of Procedure contravene the Judicial Affidavit Rule.
        
        1 more item...
        
        Impeachment of Witnesses
        
        Own Witness -
        
        GR - Party may not impeach his own witness
        
        XCPN -
        2a. UNWILLING/HOSTILE - Witness
        2b. ADVERSE PARTY - A witness who is an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party
        
        How Impeached (132.13) - In all ways as if they were an adverse witness EXCEPT by evidence of bad character.
        
        Examination by Adverse Party - He/she may also be impeached and cross-examined by the adverse party, but such cross-examination must only be on the subject matter of his examination-in-chief.
        
        Hostile Witness - A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of:
        
        his or her adverse interest,
        
        unjustified reluctance to testify, or
        
        his or her having misled the party into calling him or her to the witness stand
        
        1 more item...
        
        Witness of Adverse Party (132.11) - may be impeached on (3) grounds:
        
        CONTRADICTORY - By contradictory evidence;
        
        GENERAL REPUTATION - By evidence that his/her general reputation for truth, honesty or integrity is bad;
        
        INCONSISTENT - By evidence that he/she has made at other times statements inconsistent with his present testimony
        
        Particular Wrongful Acts -
        
        GR - May not be impeached by by evidence of particular wrongful acts,
        
        XCPN - it may be shown by the examination of the witness, or the record of the judgment, that he/she has been convicted of an offense.
        
        Evidence of Conviciton of Crime (132.12) - A witness may be impeached by evidence of conviction:
        
        FINAL - By final judgment
        
        Crime is punishable by either:
        2a. ONE YEAR - Punishable by a penalty in excess of one year
        2b. MORAL - Involving moral turpitude, regardless of penalty
        
        When Inadmissible - if conviction has been subject of amnesty or annulment of conviction.
        
        Inconsistent Statements (132.14) - IN order that a witness is impeached by evidence of inconsistent statements, it must be:
        
        RELATED - The statements must be related to him/her, with the circumstances of the times and places and the persons present, and
        
        ASKED/ALLOWED - He/she must be asked whether he/she made such statements, and if so, allowed to explain them.
        
        SHOWN;IN WRITING - If the statements be in writing, they must be shown to the witness before any question is put to him/her concerning them.
        
        Requirement of Opportunity (People v. Buduhan y Bullan) - When there is no reasonable explanation on the inconsistencies given by the witnesses, the witness must be impeached. But, if no such chance is given, witness is not impeached.
        
        This covers testimony of witneses in open court, in conflict with statements made outside of court such as during preliminary investigation.
        
        1 more item...
        
        Exclusion and Separation of Witnesses (132.15) - The court, motu proprio or upon motion, shall order witnesses excluded so that they cannot hear the testimony of other witnesses.
        
        Prohibited Exclusions - This rule does not authorize exclusion of
        
        a party who is a natural person
        
        a duly designated representative of a juridical entity which is a party to the case,
        
        a person whose presence is essential to the presentation of the party's cause, - an agent of party causing transaction, or one who committed injury, expert testimony
        
        a person authorized by a statute to be present. -
        
        Separation of Witnesses - The court may also cause witnesses to be kept separate and to be prevented from conversing with one another, directly or through intermediaries, until all shall have been examined. (15a)
        
        Order of Examination in Individual Witnesses -
        
        Direct examination by the proponent;
        
        Cross-examination by the opponent;
        
        Re-direct examination by the proponent;
        
        Re-cross examination by the opponent.
        
        Direct Examination (132.5) - examination-in-chief of a witness by the party presenting him/her on the facts relevant to the issue
        
        Cross-Examination (132.6) - the witness may be cross examined by the adverse party on any relevant matter with sufficient fullness and freedom to fulfill purpose:
        
        Purpose - to test the witness’ accuracy, truthfulness and freedom from interest or bias, or the reverse; and to elicit all important facts bearing upon the issue
        
        Right to Cross-Examination (People v. Valero) - The right to cross-examine under the constitution is superior to technical rules on evidence.
        
        Effect of Denial of right to Cross-Examine ( Ortigas, Jr. v. Lufthansa German Airlines) - The uncompleted testimony is thereby rendered incompetent. However, the unavailability of the witness must be through no fault of the party seeking to cross-examine.
        
        Waiver of Right (Fulgado v. CA) - There can be a waiver of the right to cross-examination, provided that right was first granted and then was not exercised. Must always assert right to cross-examine  Motion to recall for cross, subpoena, etc.,
        
        Distinction (capitol Subdivision v. Province of Negros) - Need not be limited to things discussed in direct examination.
        
        Re-Direct Examination - re-examination of the witness by the party calling him/her
        
        Purpose - to explain or supplement his/her answers given during the cross-examination
        
        Allowable Questions (132.7) - Questions on matters not dealt with during the cross-examination may be allowed by the court in its discretion.
        
        Re-Cross Examination - Re-cross-examination of the witness by the adverse party on matters stated in his/her re-direct and on other matters allowed by the court in its discretion
        
        Recalling of Witnesses (132.9) - After examination by both sides has been concluded, the witness cannot be recalled without leave of court.
        
        Rationale (People v. Rivera) -
        
        Particularly identified material points were not covered in cross-examination
        
        Particularly described vital documents were not presented to the witness
        
        Cross-examination was conducted in so inept a manner as to result in a virtual absence thereof
        
        Examination Proper (132.10) -
        
        GR - Leading questions are not allowed.
        
        XCPNS -
        2a. CROSS - On cross examination;
        2b. PRELIMINARY MATTERS - On preliminary matters;
        2c. IGNORANT/CHILD/FEEBLE - When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;
        2d. HOSTILE - Of an unwilling or hostile witness; or
        2e. ADVERSE PARTY - Of a witness who is an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party
        
        Definitions -
        
        Leading Question - A question which suggests to the witness the answer which the examining party desires
        
        Misleading Question - One which assumes as true a fact not yet testified to by the witness, or contrary to that which he/she has previously stated. It is not allowed.
        
        Leading Question - Answerable by yes or no or, suggests an answer to the other party (Negative pregnants)
        
        Ex. You were at the bus stop
        
        Non-Leading Question - Open-ended, cannot be answered by yes or no.
        
        Ex. Where were you on the X date, at Y Time --> Bus Stop
        
        Rule of Thumb - Who, what where why when
      - Rights -
        
        Protected from irrelevant/improper or insulting questions
        
        Detained - For a limited period (no longer than interest of justice)
        
        Limited Examination - Only to matters pertinent to an issue
        
        Not to give an answer
        4a. Subject to penalty for an offense
        4b. Answer will degrade reputation
        
        To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
        
        Not to be detained longer than the interests of justice require;
        
        To only be examined as to matters pertinent to the issue;
        
        Not to give an answer which will tend to subject him/her to a penalty for an offense
        a. Unless: otherwise provided by law
        
        Not to give an answer which will tend to degrade his/her reputation
        5a. XCPNS - the answer is the very fact in issue; the answer is a fact from which the fact in issue would be presumed
        5b. XCPN 2 XCPN - he/she must answer to the fact of his/her previous final conviction for an offense
        
        One-Day Examination of Witness (AM 03-1-09) - A witness has to be fully examined in one (1) day only. It shall be strictly adhered to subject to the courts' discretion during trial on whether or not to extend the direct and/or cross-examination for justifiable reasons
        
        Duty of the Trial Court (Lee v. CA) - Duty to protect witnesses.
      - Obligations (132.3) - A witness must answer questions, although his/her answer may tend to establish a claim against him/her.
    - - Answers of Witnesses -
        
        GR - Answers of witnesses must be given orally.
        
        XCPN - the witness is incapacitated to speak, or the question calls for a diﬀerent mode of answer,
        
        Exclusion/Separation of Witnesses - The court, motu proprio or upon motion, shall order witnesses excluded so that they cannot hear the testimony of other witnesses
        
        Prohibited Exclusions -
        
        a party who is a natural person;
        
        a duly designated representative of a juridical entity which is a party to the case;
        
        a person whose presence is essential to the presentation of the party’s cause; or
        
        a person authorized by a statute to be present.
        
        Separation of Witnesses (132.15) - The court may also cause witnesses to be kept separate and to be prevented from conversing with one another, directly or through intermediaries, until all shall have been examined.
      - Recording of Proceedings (132.2) - The entire proceedings of a trial or hearing including the questions propounded to a witness and his or her answers thereto, and the statements made by the judge or any of the parties, counsel, or witnesses with reference to the case, shall be recorded.
        
        Presumption of Transcript (132.2) - Deemed prima facie, a correct statement of such proceedings. A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him shall be deemed prima facie a correct statement of such proceedings
        
        How Recorded - By means of shorthand or stenotype or by other means of recording found suitable by the court.
        
        People v. Estenzo
        
        There is advantage to be obtained from the personal appearance of the witness testimonies.
        
        This is already qualified by the judicial affidavit rule
    - - Transcript of electronic testimony.
        
        When examination of a witness is done electronically, the entire proceedings, including the questions and answers, shall be transcribed by a stenographer, stenotypist or other recorder authorized for the purpose, who shall certify as correct the transcript done by him.
        
        The transcript should reflect the fact that the proceedings, either in whole or in part, had been electronically recorded.
        
        Storage of electronic evidence.
        
        The electronic evidence and recording thereof as well as the stenographic notes shall form part of the record of the case.
        
        Such transcript and recording shall be deemed prima facie evidence of such proceedings.
  - - - Offer of Evidence (132.34) - No evidentiary value can be given to pieces of evidence not formally offered
        
        GR - The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified.
        
        XCPN - Evidence not formally offered may be admissible when:
        2a. the same must have been duly identified by testimony duly recorded and,
        2b. the same must have been incorporated in the records of the case
        2c. Failure to Object
        
        When Offered - Done only when the party rests his/her case.
        
        Distinguished from Identification of Documentary Evidence - Here, Done in the course of the trial and accompanied by the marking of the evidence
        
        Importance of Offer (Star Two v. Ko) -
        
        No evidentiary value can be given to evidence not formally offered.
        
        Consideration of Evidence (Republic v. Bakunawa) - Evidence can be considered only for the purposes it was specifically offered
        
        Parties are required to inform the courts of the purpose of introducing their respective exhibits to assist the latter in ruling on their admissibility in case an objection thereto is made.
        
        Failure to Object (Candido v. CA) - The absence of an offer of testimonial evidence was not objected to as when the witness was cross-examined by the adverse party despite failure to make an offer of the testimony, the court must consider the testimony.
        
        When Objec
        
        When formal Offer not Necessary (Tabuena v. CA) -
        
        a. SUMMARY PROCEEDING - In a summary proceeding because it is a proceeding where there is no full-blown trial;
        
        b. JUDICIAL NOTICE - Documents judicially admitted or taken judicial notice of;
        
        c. SUMMARY JUDGMENT - Documents, affidavits, and depositions used in rendering a summary judgment;
        
        d. ADMINISTRATIVE CASES - Documents or affidavits used in deciding quasi-judicial or administrative cases
        
        e. PREVIOUSLY MARKED - Lost objects previously marked, identified, described in the record, and testified to by witness who had been subjects of cross-examination in respect to said objects
        
        IDENTIFIED/INCORPORATED - When duly identified in a testimony duly recorded and it was incorporated in the records of the case
        
        How Offered (Rule 132.35) - All evidence must be offered orally. However, time of presentation varies.
        
        Testimonial - At the time the witness is called to testify
        
        Documentary/Object - After the presentation of a party's testimonial evidence
        
        Waiver of Right to Offer - If a party fails to submit within a considerable period of time its formal offer, they are deemed to have waived such right. (Heirs of Pasag v. Parocha)
        
        Effect of Termination of Presentation of Evidence (Heirs v. Parocha) - If a party terminates presentation of evidence, it must make oral offer of evidence on the same day the party presented the last witness. Otherwise, waiver of documentary or object evidence.
        
        Objection (132.36) - When a party desires the court to reject the evidence offered, he must so state in the form of objection. Without such objection, he cannot raise the question for the first time on appeal
        
        Waiver of Objection - When there is failure to point out some defect, irregularity or wrong in the admission or exclusion of evidence. Such failure may take various forms and may either be expressed or implied
        
        Effect of Waiver - Renders the evidence admissible, but may still lack probative value if hearsay. (Bayani v. People)
        
        No waiver when no objection during marking, identification and introduction during trial. Objection must be made at time of formal offer.
        
        How and When made -
        
        Orally, immediately after the offer is made
        
        The grounds for objection must be specified
        
        Objection to Witness Testimony due to lack of Formal Offer - Must be made immediately as soon as the witness begins to testify
        
        A question asked during oral examination - As soon as the grounds become reasonably apparent
        
        Continuing Objection (132.37) - If the questions being propounded are the same as those earlier objected to, no need to make repeat objections.
        
        Instead, adverse party can record continuing objection to the same CLASS of questions.
        
        Ruling (132.38) - Ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.
        
        GR - Court ruling must be given immediately after the objection is made
        
        XCPN - unless the court desires to take a reasonable time to inform itself on the question presented
        
        Grounds for Sustaining/Overruling Objection -
        
        GR - Need not be stated.
        
        XCPN - But, if objection is based on (2) or more grounds, a ruling sustaining the objection on one or some of them must specify grounds relied upon.
        
        Effect of Reservation of Ruling (People v. Tavera) - If court reserves ruling on an objection to the admissibility of evidence without excluding said evidence, this is considered as a denial of an objection.
        
        Striking out of Answer (132.39) - Strikes the answer, either testimony or narration off the record. This covers (5) types of answers:
        
        ANSWERS BEFORE OBJECTION - Witness answer before the adverse party had the opportunity to voice fully its objection to the same
        
        NON-RESPONSIVE - where a question is not objectionable, but the answer is not responsive, or
        
        TESTIFIES; NO QUESTION - where a witness testiﬁes without a question being posed or
        
        TESTIFIES BEYOND LIMITS - testiﬁes beyond limits set by the court, or
        
        NARRATES;NOT ANSWER- when the witness does a narration instead of answering the question AND objection is found to be meritorious
        
        GENERALLY IMPROPER - Where answers are otherwise incompetent, irrelevant or otherwise improper.
        
        Tender of Excluded Evidence (132.40) - Can be done depending on type of evidence.
        
        Documentary - Offeror may have the same attached or made part of the record
        
        Testimonial - Offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony
        
        2 more items...
        
        Basis for Striking Out - Goes to admissibiltiy, not weight of evidence.
        
        How Done - A motion to strike out should specify the objection as well as the portion of the evidence which is objected to.
        
        Reasonable period (Beltran v. Paderanga,) - must not extend beyond the ninety (90)-day reglementary period from the date of submission of the formal offer of evidence.
        
        When required (Boix v. Rivera) - The trial court need not make an express ruling admitting the exhibits if there is no objection interposed to their admission
        
        Irrelevancy/Immateriality - Objections based on irrelevancy and immateriality need no specification or explanation. Relevancy or materiality of evidence is a matter of logic, since it is determined simply by ascertaining its logical connection to a fact in issue in the case [Cruz-Arevalo v. Querubin-Layosa
    - - A. Civil Cases (Rule 133, Section 1) - Preponderance of evidence.
        
        B. Criminal Cases (Rule 133, Section 2 to 4) - Proof beyond reasonable doubt
        
        Circumstantial Evidence (Sec. 4) - Sufficient for conviction only under concurrence of (3) conditions:
        
        There is more than one [(1)] circumstance;
        
        The facts from which the inferences are derived are proven; and
        
        The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
        
        Extrajudicial Confessions (Sec. 3) -
        
        GR - An extrajudicial confession made by an accused shall not be suﬃcient ground for conviction,
        
        XCPN - unless corroborated by evidence of corpus delicti.
        
        Other Matters
        
        Distinguish corpus delicti from res gestae
        
        Basis of Inference - Inferences cannot be based on other inferences.
        
        C. Administrative Cases/Quasi Judicial/Writ of Amparo/Habeas Data (Rule 133 Section 6) -
        
        GR - Substantial evidence.
        
        XCPN - Administrative complaint against judges, beyond reasonable doubt (Duduaco v. Laguindanum)
        
        D. Clear and Convincing Evidence - Applies in the ff:
        
        Manifest Bias and partiality, motion for inhibition
        
        Invitation of Fraud (Alonzo)
        
        Allegation of Frame up and extortion – Bocos
        
        Self-Defense/Treachery (People v. Casas)
        
        For overturning disputable presumptions (Protuguez v. People)
        
        Proving the existence of valuable consideration
        
        E. Termination of Presentation of Evidence (Rule 133, Section 7) - The court may stop the introduction of further testimony upon any particular point when the evidence upon it is already so full that more witnesses to the same point cannot be reasonably expected to be additionally persuasive. This power shall be exercised with caution
        
        F. Evidence on Motion (Rule 133, Section 8) - When a motion is based on facts not appearing of record, the court may hear the matter on aﬃdavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
        
        1 more item...
        
        Go v. Laoyuko – Case where SC stopped discretion under 133.7. Here, only two witnesses were presented.
        
        Definition (Manalo v. Roldan-Confesor) - Clear and convincing evidence is more than mere preponderance, but not to the extent of such certainty as is required beyond reasonable doubt as in criminal cases.
        
        Definition - It is the amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.
        
        Rule on Factual Findings (Tan Brothers v. Escudero) - Factual findings, especially when affirmed by the Court of Appeals, are accorded not only great respect but also finality, and are deemed binding upon this Court so long as they are supported by substantial evidence
        
        Definition (133.2) - does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind
        
        Definition (Habagat Grill v. DMC-Urban) - the evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other.
        
        How Determined -
        
        All the facts and circumstances of the case;
        
        The witnesses’ manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they testify, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial;
        
        Number of witnesses (although preponderance is not necessarily with the greater number) [Sec. 1, Rule 133]
- - - - Criminal Cases (131.6) -
        
        a presumed fact that establishes guilt, is an element of the oﬀense charged, or negates a defense,
        
        the existence of the basic fact must be proved beyond reasonable doubt and the presumed fact follows from the basic fact beyond reasonable doubt
        
        check presumed fact
        
        Presumed Fact - element of the offense OR negates a defense
        
        Objective Fact -
      - Civil Cases (131.5) - In all civil actions and proceedings not otherwise provided for by the law or these Rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption.
        
        Bursting Bubble Theory (131.5) - Presumption disappears where sufficiently rebutted. Presumption does not shift burden of proof,
        
        Under the “bursting bubble” theory, a presumption operates only to shift the burden of producing evidence.
        
        Once evidence is introduced, sufficient to support a finding with regard to the nonexistence of the presumed fact, the presumption disappears entirely, or “bursts.”