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EVIDENCE: VI. HEARSAY RULE - Coggle Diagram

- - - - WHEN DONE: REASONABLY APPARENT IN THE COURSE OF EXAMINATION
  - - - 1. DYING DECLARATION
        
        2. STATEMENT OF DECEDENT OR PERSON OF UNSOUND MIND
        
        3. DECLARATION AGAINST INTEREST
        
        DECLARATIONS AGAINST INTEREST ADMISSIBLE IF DECLARANT WAS/HAD:
        Requisites for Admissibility
        
        UNABLE TO TESTIFY or DEAD
        
        DECLARTION RELATES TO A FACT AGAINST DECLARANT'S INTEREST
        
        AWARE IT IS CONTRARY TO HIS INTEREST
        a. AT THE TIME DECLARATION WAS MADE
        
        NO MOTIVE TO FALSIFY
        
        BELIEVED IT TO BE TRUE
        a. Declarant is dead or unable to testify;
        b. Declaration relates to a fact against the interest of the declarant;
        c. At the time he made said declaration, declarant was aware that the same was contrary to the declarant’s own interest; and
        d. Declarant had no motive to falsify and believed such declaration to be true [Sec. 40, Rule 130]
        
        Section 40. Declaration against interest. –
        The declaration made by a person deceased or unable to testify against the interest of the declarant,
        if the fact asserted in the declaration was at the time it was made
        so far contrary to the declarant’s own interest
        that a reasonable person in his or her position would not have made the declaration unless he or she believed it to be true,
        
        EXPOSING DECLARANT TO CRIMINAL LIABILITY & EXCULPATING INADMISSIBLE:
        
        EXCEPT IF THERE IS:
        
        TRUSTWORTHINESS OF STATEMENT
        a. CORROBORATING CIRCUMSTANCES
        A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. (38a)
        
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        RATIONALE:
        
        NECESSITY
        
        TRUSTWORTHINESS
        Admissibility in evidence of such declaration is grounded on: ■ Necessity; and ■ trustworthiness
        
        ADMISSIBLE AGAINST 3RD PERSONS
        may be received in evidence against himself or herself or his or her successors in interest and against third persons.
        
        ADMISSIBILITY REQUISITES:
        
        UNABLE TO TESTIFY
        
        FACT COGNIZABLE TO DECLARANT
        
        IMPROBABLE TO FALSIFY UNDER CIRCUMSTANCES
        Three (3) essential requisites for the admissibility of a declaration against interest: ○ Declarant must not be available to testify ○ Declaration must concern a fact cognizable by the declarant ○ Circumstances must render it improbable that a motive to falsify existed
        
        4. PEDIGREE
        
        PEDIGREE ACT/DECLARATION ADMISSIBLE IF:
        
        UNABLE TO TESTIFY
        
        IN RESPECT TO PEDIGREE OF ANOTHER PERSON RELATED TO DECEASED/UNABLE TO TESTIFY BY
        a. BIRTH;
        b. ADOPTION;
        c. MARRIAGE; OR
        d. IN THE ABSENCE THEREOF, WITH THOSE FAMILY HE/SHE WAS SO INTIMATELY ASSOCIATED AS TO BE LIKELY TO HAVE ACCURATE INFORMATION CONCERNING HIS/HER PEDIGREE
        
        A/D OCCURRED BEFORE CONTROVERSY; AND
        
        RELATIONSHIP BETWEEN DECLARANT AND PERSON WHOSE PEDIGREE IS IN QUESTION MUST BE SHOWN BY EVIDENCE OTHER THAN SUCH ACT OR DECLARATION (EVIDENCE ALIUNDE)
        
        Section 41. Act or declaration about pedigree. – The act or declaration of a person deceased or unable to testify, in respect to the pedigree of another person related to him or her by birth[,] adoption, or marriage or, in the absence thereof,
        with whose family he or she was so intimately associated as to be likely to have accurate information concerning his or her pedigree,
        may be received in evidence where it occurred before the controversy, and
        the relationship between the two [(2)] persons is shown by evidence other than such act or declaration.
        
        "PEDIGREE" INCLUDES:
        
        RELATIONSHIP
        
        FAMILY GENEALOGY
        
        BIRTH
        
        MARRIAGE
        
        DEATH
        
        DATES AND PLACES WHERE FACTS OCCURED
        
        NAMES OF RELATIVES
        
        FAMILY HISTORY INTIMATELY CONNECTED WITH PEDIGREE
        The word “pedigree” includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree. (39a)
        
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        NO EVIDENCE ALIUNDE NEEDED IF:
        
        DECLARANT'S OWN RELATIONSHIP IS DECLARED ON
        a. PRESUMED LEGITIMACY IF CHILDREN ARE BORN IN WEDLOCK
        b. LEGITIMACY CANNOT BE ATTACKED COLLATERALLY
        SC ruled that legitimacy cannot be attacked collaterally and that Pets. Tison enjoy the presumption of legitimacy. Also, the declaration made by Teodora Guerrero that Pet Corazon is her niece, is admissible and constitutes sufficient proof of such relationship, notwithstanding the fact that there was no other preliminary evidence
        
        SC ruled that legitimacy cannot be attacked collaterally and that Pets. Tison enjoy the presumption of legitimacy. Also, the declaration made by Teodora Guerrero that Pet Corazon is her niece, is admissible and constitutes sufficient proof of such relationship, notwithstanding the fact that there was no other preliminary evidence
        
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        CONDITIONS UPON DECLARATION:
        
        ACT/DECLARATION
        a. BEFORE CONTROVERSY :alarm_clock:
        
        SOUGHT TO BE PROVEN:
        
        PEDIGREE
        
        PROVEN RELATIONSHIP BETWEEN DECLARANT & PERSON (ALIUNDE)
        
        UNABLE TO TESTIFY/DEAD
        
        PEDIGREE INCLUDES
        
        CONDITIONS UPON DECLARATION:
        
        AGAINST OWN INTEREST OF DECLARANT
        
        AWARE OF SUCH CONTRARINESS
        a. AT TIME OF DECLARATION :alarm_clock:
        
        BELIEVED IT TO BE TRUE
        
        NO MOTIVE TO FALSIFY
        
        UNABLE TO TESTIFY/DEAD
        
        EXPOSING DECLARANT TO CRIMINAL LIABILITY & EXCULPATING ACCUSED INADMISSIBLE, EXCEPT IF
        a. TRUSTWORTHY
        b. CORROBORATING CIRCUMSTANCES
        
        3RD PERSONS BOUND
        
        RATIONALE: NO SANE PERSON WOULD TELL A FALSEHOOD TO HIS OWN DETRIMENT
        No sane person will be presumed to tell a falsehood to his own detriment
        
        APPLIES TO ACTIONS AGAINST:
        
        EXECUTOR/ADMINISTRATOR OF DECEASED OR UNSOUND MIND
        
        FOR CLAIMS AGAINST HIS/HER ESTATE
        
        PARTY/ASSIGNOR/REPRESENTATIVE TESTIFIES ON FACTS:
        a. BEFORE DEATH OR UNSOUND MIND
        Section 39. Statement of decedent or person of unsound mind. –
        
        In an action against an executor or administrator or other representative of a deceased person, or against a person of unsound mind,
        upon a claim or demand against the estate of such deceased person or against such person of unsound mind,
        where a party or assignor of a party or a person in whose behalf a case is prosecuted testifies on a matter of fact occurring before the death of the deceased person or before the person became of unsound mind,
        STATEMENT OF DECEASED/PERSON OF UNSOUND MIND ADMISSIBLE IF:
        
        MADE UPON PERSONAL KNOWLEDGE OF
        a. DECEASED
        b. UNSOUND MIND PERSON
        
        AT THE TIME WHEN MATTER HAD BEEN:
        a. RECENTLY PERCEIVED BY HIM.HER
        b. WHILE HIS/HER RECOLLECTION WAS CLEAR
        any statement of the deceased or the person of unsound mind, may be received in evidence if the statement was
        
        made upon the personal knowledge of the deceased or the person of unsound mind
        at a time when the matter had been recently perceived by him or her and
        while his or her recollection was clear.
        
        UNTRUSTWORTHINESS = INADMISSIBLE
        Such statement, however, is inadmissible if made under circumstances indicating its lack of trustworthiness. (23a)
        
        RATIONALE: CLAIMANTS AGAINST ESTATE TEMPTED TO FALSE TESTIMONY
        Rationale – As explained in Toncgo v. Vianzon, the rationale is that “if persons having a claim against the estate of the deceased or his properties were allowed to testify as to the supposed statements made by him (deceased person), many would be tempted to falsely impute statements to deceased persons as the latter can no longer deny or refute them, thus unjustly subjecting their properties or rights to false or unscrupulous claims or demands. o In turn, the purpose of the law is to "guard against the temptation to give false testimony in regard to the transaction in question on the part of the surviving party."
        
        CONDITIONS UPON DECLARATION:
        
        PERSONAL KNOWLEDGE OF DECEASED
        
        RECENTLY PERCEIVED :alarm_clock:
        a. WHILE RECOLLECTION WAS CLEAR
        
        SOUGHT TO BE PROVEN:
        
        FACTS BEFORE DEATH/UNSOUND MIND :alarm_clock:
        a. FOR CLAIMS AGAINST ESTATE
        
        CLAIMANT:
        
        PARTY/ASSIGNOR/REPRESENTATIVE
        
        DEFENDANT
        
        EXECUTOR/ADMINISTRATOR OF DECLARANT
        
        UNTRUSTWORTHINESS = INADMISSIBLE
        
        DYING DECLARATION ADMISSIBLE IF:
        
        MADE WITH CONSCIOUSNESS OF IMPENDING DEATH
        
        HIS/HER! DEATH IS SUBJECT OF INQUIRY
        
        AS EVIDENCE OF DEATH'S
        -i. CAUSE
        -ii. SURROUNDING CIRCUMSTANCES
        
        Section 38. Dying declaration. – The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. (37a)
        
        NATURE OF WOUNDS CAN EVINCE CONSCIOUSNESS OF IMPENDING DEATH
        Based on the nature of his wounds, Silvino must have known that he was dying and it is safe to assume that he made the same under the consciousness of impending death since he died only 1 hour after being shot.
        (People v. Brioso)
        Consciousness of impending death seen is clear from:
        
        The seriousness of the injury on the victim's forehead which had affected the brain and was profusely bleeding; the victim's inability to speak until his head was raised;
        
        the spontaneous answer of the victim that "only Papu Sabio is responsible for my death"; and his subsequent demise from the direct effects of the wound on his forehead,
        (People v. Sabio)
        
        DIED 3 DAYS AFTER DECLARATION IMMATERIAL
        That death did not ensue till three days after the declaration was made will not alter its probative force since it is not indispensable that a declarant expires immediately thereafter.
        
        RATIONALE: BELIEF OF IMPENDING DEATH RENDERS IT ADMISSIBLE
        
        It is the belief in impending death and not the rapid succession of death, in point of fact, that renders the dying declaration admissible.
        
        Further, the fact that the victim told his grandnephew Camilo Semilla to fetch the police, does not negate the victim's feeling of hopelessness of recovery but rather emphasizes the realization that he had so little time to disclose his assailant to the authorities.
        The mere failure of the police to confront the accused with the antemortem declaration the first time the latter was arrested and incarcerated from October 5 to October 6, 1965, neither militates against the fact of its execution considering that it was evidence that the police was under no compulsion to disclose.
        
        ABANDONED HOPE TEST
        The test is whether the declarant has abandoned all hopes of survival and looked on death as certainly impending.
        
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        CONSCIOUSNESS OF IMPENDING DEATH :alarm_clock:
        a. ABANDONED HOPE OF SURVIVAL
        
        DEATH IS SUBJECT OF INQUIRY
        a. CAUSES
        b. SURROUNDING SCIRCUMSTANCES
        
        COMPETENT DECLARANT
        
        LIMITED TO HOMICIDE/PARRICIDE/ MURDER
        
        NOT INCOMPLETE
        
        OTHER EVIDENCE:
        NATURE OF INJURY CAN EVINCE IMPENDING DEATH
      - REPUTATION
        
        5. FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE
        
        6. COMMON REPUTATION
        
        ADMISSIBLE IF:
        
        COMMON REPUTATION EXISTED ANTE LITEM MOTAM
        
        REPUTATION PERTAINS TO:
        a. BOUNDARIES OF OR CUSTOMS AFFECTING LANDS IN THE COMMUNITY
        b. EVENTS OF GENERAL HISTORY IMPORTANT TO THE COMMUNITY
        c. MARRIAGE, or
        d. MORAL CHARACTER [Sec. 43, Rule 130]
        
        Section 43. Common reputation. – Common reputation existing previous to the controversy, as to boundaries of or customs affecting lands in the community and reputation as to events of general history important to the community, or respecting marriage or moral character, may be given in evidence.
        
        OTHER ADMISSIBLES:
        
        MONUMENTS
        
        INSCRIPTIONS IN PUBLIC PLACES
        Monuments and inscriptions in public places may be received as evidence of common reputation. (41a)
        
        ENTRIES NEED NOT BE AT SAME TIME AS OCCURRENCE OF THOSE EVENTS
        Section 298, No. 13 of the Code of Civil Procedure provides that evidence may be given upon trial of monuments and inscriptions in public places as evidence of common reputation; and entries in family Bibles or other family books or charts; engravings on rings, family portraits and the like, as evidence of pedigree. The law does not require that the entries in the said booklet be made at the same time as the occurrence of those events
        (Ferrer v. De Inchausti)
        
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        NOT EVIDENCE OF COMMON REPUTATION:
        
        OLDEST RESIDENTS IN A SECTION OF A CITY
        (City of Manila v. Del Rosario)
        
        7. RES GESTAE
        
        STATEMENTS RES GESTAE ARE ADMISSIBLE
        
        STARTLING OCCURENCE
        
        STATEMENT MADE UNDER STRESS OF EXCITEMENT CAUSED BY IT
        
        IMMEDIATELY, BEFORE or AFTER
        Section 44. Part of the res gestae. –
        Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto[,] under the stress of excitement caused by the occurrence with respect to the circumstances thereof, may be given in evidence as part of the res gestae.
        
        STATEMENTS ACCOMPANYING EQUIVOCAL ACT MATERIAL TO ISSUE AND GIVING SUCH ACT LEGAL SIGNIFICANCE IS PART OF RES GESTAE
        So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae. (42a)
        
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        CONDITIONS UPON STATEMENTS
        
        STARTLING OCCURENCE
        
        STATEMENT MADE UNDER STRESS OF EXCITEMENT CAUSED BY IT
        a. REFERRING TO OCCURRENCE & IMMEDIATELY ATTENDING CIRCUMSTANCES
        
        IMMEDIATELY, BEFORE or AFTER :alarm_clock:
        a. NO OPPORTUNITY TO CONCOCT
        
        PART OF RES GESTAE IF STATEMENT:
        
        ACCOMPANYING EQUIVOCAL ACT
        a. MATERIAL TO ISSUE AND
        b. LEGAL SIGNIFICANCE GIVEN TO ACT
        
        CONDITIONS OF REPUTATION:
        
        REPUTATION EXISTED
        a. BEFORE CONTROVERSY :alarm_clock:
        
        REPUTATION PERTAINING TO:
        
        COMMUNITY LAND'S
        a. CUSTOMS
        b. BOUNDARIES AFFECTING ITSELF
        OR
        
        GENERAL HISTORY IMPORTANT TO COMMUNITY RESPECTING
        a. MARRIAGE
        b. MORAL CHARACTER
        
        EVIDENCE OF COMMON REPUTATION
        
        MONUMENTS
        
        INSCRIPTIONS
        
        "COMMON REPUTATION"
        OPINION OF COMMUNITY
        The definite opinion of the community in which the fact to be proved is known or exists. It means the general or substantially undivided reputation, as distinguished from a partial or qualified one, although it need not be unanimous [2 Regalado, 787, 2008 Ed.]
        
        ADMISSIBLE IF:
        
        COMMON REPUTATION EXISTED ANTE LITEM MOTAM
        
        REPUTATION PERTAINS TO:
        a. BOUNDARIES OF OR CUSTOMS AFFECTING LANDS IN THE COMMUNITY
        b. EVENTS OF GENERAL HISTORY IMPORTANT TO THE COMMUNITY
        c. MARRIAGE, or
        d. MORAL CHARACTER
        
        OTHER ADMISSIBLES:
        
        MONUMENTS
        
        INSCRIPTIONS IN PUBLIC PLACES
        
        FAMILY REPUTATION/TRADITION REGARDING PEDIGREE ADMISSIBLE IF:
        
        WITNESS MUST BE A MEMBER, BY CONSANGUINITY, AFFINITY, OR ADOPTION, OF THE SAME FAMILY AS THE SUBJECT; and
        
        SUCH REPUTATION OR TRADITION EXISTED IN THAT FAMILY ANTE LITEM MOTAM (BEFORE THE CONTROVERSY)
        
        Section 42. Family reputation or tradition regarding pedigree. – The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity[,] affinity, or adoption.
        
        OTHER ADMISSIBLE EVIDENCE: (ECEF)
        
        ENTRIES IN:
        a. FAMILY BIBLES; OR
        b. OTHER FAMILY BOOKS;
        
        CHARTS;
        
        ENGRAVINGS ON RINGS;
        
        FAMILY PORTRAITS AND THE LIKE
        Entries in family bibles or other family books or charts, engraving on rings, family portraits and the like, may be received as evidence of pedigree. (40a)
        
        CONDITIONS OF REPUTATION:
        
        REPUTATION EXISTED
        a. BEFORE CONTROVERSY :alarm_clock:
        
        MUST BE PROVEN:
        
        WITNESS IS MEMBER BY CAA
        
        EVIDENCE OF FAMILY REPUTATION
        
        ENTRIES IN:
        a. FAMILY BIBLES; OR
        b. OTHER FAMILY BOOKS;
        
        CHARTS;
        
        ENGRAVINGS ON RINGS;
        
        FAMILY PORTRAITS AND THE LIKE
        
        BEFORE CONTROVERSY
        MUST EXIST BEFORE CONTROVERSY
        
        RELATIONSHIP (PEDIGREE)
        
        REPUTATION (FAMILY)
        
        REPUTATION (COMMON)
        
        BEFORE CONTROVERSY
        NOTE: ANTE LITEM MOTAM MEANS BEFORE THE CONTROVERSY AROSE, NOT BEFORE THE SUIT WAS BROUGHT (PROF. AVENA)
        
        FAMILY REPUTATION/TRADITION REGARDING PEDIGREE ADMISSIBLE IF:
        
        WITNESS MUST BE A MEMBER, BY CONSANGUINITY, AFFINITY, OR ADOPTION, OF THE SAME FAMILY AS THE SUBJECT; and
        
        SUCH REPUTATION OR TRADITION EXISTED IN THAT FAMILY ANTE LITEM MOTAM (BEFORE THE CONTROVERSY)
        
        OTHER ADMISSIBLE EVIDENCE: (ECEF)
        
        ENTRIES IN:
        a. FAMILY BIBLES; OR
        b. OTHER FAMILY BOOKS;
        
        CHARTS;
        
        ENGRAVINGS ON RINGS;
        
        FAMILY PORTRAITS AND THE LIKE
        
        DOCUMENTS/RECORDS
        
        8. RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY
        
        9. OFFICIAL RECORDS
        
        10. COMMERCIAL LISTS
        
        11. LEARNED TREATISES
        
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        STATEMENTS OF MATTERS OF INTEREST TO PERSONS ENGAGED IN AN OCCUPATION ARE ADMISSIBLE IF:
        
        CONTAINED IN A LIST, REGISTER, PERIODICAL, OR OTHER PUBLISHED COMPILATIONS
        a. PUBLISHED FOR USE BY PERSONS ENGAGED IN THAT OCCUPATION; AND
        b. GENERALLY USED&RELIED UPON BY THEM
        [Sec. 47, Rule 130]
        
        Section 47. Commercial lists and the like. – Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein. (45)
        
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        STATEMENTS MATTERS OF INTEREST
        a. TO PERSONS ENGAGED IN OCCUPATION
        
        ARE ADMISSIBLE IF:
        
        CONTAINED IN A LIST, REGISTER, PERIODICAL, OR OTHER PUBLISHED COMPILATIONS
        
        PUBLISHED FOR USE BY PERSONS ENGAGED IN THAT OCCUPATION; AND
        
        GENERALLY USED&RELIED UPON BY THEM
        
        OFFICIAL RECORDS ADMISSIBLE IF:
        
        DUTY-BOUND TO BE RECORDED IN OFFICIAL RECORDS BY:
        a. PUBLIC OFFICER
        b. PERSON BOUND TO DO SO
        Entries in official records were made by a public officer in the performance of his/her duties or by a person in the performance of a duty specially enjoined by law [Sec. 46, Rule 130];
        
        PERSONAL KNOWLEDGE OF ENTRANT OF FACTS HE STATE OR ACQUIRED FROM SUCH REPORTS (Excluded from coverage)
        Entrant must have personal knowledge of the facts stated by him or such facts acquired by him from reports made by persons under a legal duty to submit the same [Barcelon, Roxas Securities v. CIR, G.R. 157064 (2006)]; and
        
        REGULARITY OF ENTRY
        Entries were duly entered in a regular manner in the official records [People v. Mayingque, G.R. No. 179709 (2010)]
        
        Section 46. Entries in official records. – Entries in official records made in the performance of his or her duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated. (44a)
        
        PRIMA FACIE EVIDENCE OF FACTS THEREIN
        Entries in official records made in the performance of his duty by a public officer or by a person in the performance of a duty specially enjoined by law are prima facie evidence of the facts therein stated
        (People v. San Gabriel y Ortiz) (Sec. 24, Rule 130)
        
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        OFFICIAL RECORDS ADMISSIBLE IF:
        
        DUTY-BOUND TO BE RECORDED IN OFFICIAL RECORDS BY:
        a. PUBLIC OFFICER
        b. PERSON BOUND TO DO SO
        
        PERSONAL KNOWLEDGE OF ENTRANT OF FACTS HE STATE OR ACQUIRED FROM SUCH REPORTS
        
        REGULARITY OF ENTRY
        
        RECORDS OF REGULARLY CONDUCTED BUSINESS: (MKRRT)
        
        MEMORANDUM, REPORT, RECORD OR DATA COMPILATION
        a. OF ACTS, EVENTS, CONDITIONS, OPINIONS, OR DIAGNOSES
        b. MADE BY WRITING, TYPING, ELECTRONIC, OPTICAL, OR OTHER SIMILAR MEANS
        c. AT OR NEAR THE TIME OF OR FROM TRANSMISSION OR SUPPLY OF INFORMATION
        
        ENTRANT HAD KNOWLEDGE THEREOF
        
        RECORDS ARE KEPT IN THE REGULAR COURSE OR CONDUCT OF A BUSINESS ACTIVITY
        
        THE MAKING OF THE MEMORANDUM, REPORT, RECORD, OR DATA COMPILATION BY ELECTRONIC, OPTICAL OR SIMILAR MEANS IS REGULAR PRACTICE
        
        [SEC. 45, RULE 130]
        Section 45. Records of regularly conducted business activity. – A memorandum, report, record or data compilation of acts, events, conditions, opinions, or diagnoses, made by writing, typing, electronic, optical or other similar means at or near the time of or from transmission or supply of information by a person with knowledge thereof, and kept in the regular course or conduct of a business activity, and such was the regular practice to make the memorandum, report, record, or data compilation by electronic, optical or similar means, all of which are shown by the testimony of the custodian or other qualified witnesses, is excepted from the rule on hearsay evidence. (43a)
        
        JURIS ELEMENTS
        
        ENTRANT IS UNABLE TO TESTIFY/DEAD
        the person who made the entry must be dead, or unable to testify;
        
        MADE AT OR NEAR THE TIME OF TRANSACTIONS
        the entries were made at or near the time of the transactions to which they refer;
        
        KNOWS FACTS IN ENTRIES
        the entrant was in a position to know the facts stated in the entries;
        
        PERFORMANCE OF DUTY
        the entries were made in his professional capacity or in the performance of a duty, whether legal,
        contractual, moral or religious; and
        
        MADE IN ORDINARY/REGULAR COURSE OF BUSINESS
        the entries were made in the ordinary or regular course of business or duty.
        (Security Bank v. Gan)
        
        RECORDS NOT PRIMA FACIE ADMISSIBLE:
        
        INDEPENDENT AGREEMENTS RECORDED
        Entries in business records which spring from the duty of other employees to communicate facts occurring in the ordinary course of business are prima facie admissible, the duty to communicate being itself a badge of trustworthiness of the entries, but not when they purport to record what were independent agreements arrived at by some bank officials and a client.
        
        MINI REQS
        
        WRITTEN, TYPED, ELECTRONIC
        
        AT/NEAR/FROM TRANSMISSION/SUPPLY OF INFO :alarm_clock:
        
        KNOWN TO ENTRANT
        
        KEPT IN REGULAR COURSE
        
        MADE IN REGULAR PRACTICE
        
        TESTIMONY OF CUSTODIAN OF ABOVE
        
        ENTRANT IS UNABLE TO TESTIFY/DEAD
        
        ENTRANT'S KNOWLEDGE
        
        633233
        
        644
      - 6664
        
        SO LONG AS DECLARANT IS AVAILABLE AS WITNESS, HIS STATEMENT SHALL NOT BE HEARD
        The reason for the hearsay rule is that extrajudicial and unsworn statement of another is not the best method of serving this purpose. The great possibility of the fabrication of falsehoods, and the inability to prove their untruth, requires that the doors be closed to such evidence. So long as a declarant is available as a witness, his extrajudicial statement should not be heard.
        However, where the declarant is dead or has disappeared, his previous statements out of court, if not inadmissible on other grounds, are the best evidence. They are not rendered inadmissible by the mere fact that the declarant is unavailable so long as the declaration was against the declarant’s interest.
    - - ADMISSIBLE AS PRIMARY EVIDENCE
        The hearsay rule does not apply; hence, the statements are admissible as evidence.
        Evidence as to the making of such statement is not secondary but primary, for the statement itself may constitute a fact in issue or be circumstantially relevant as to the existence of such a fact
      - NEWSPAPERS ARE DOUBLE HEARSAY
        Newspaper articles amount to "hearsay evidence, twice removed" and are therefore not only inadmissible but without any probative value at all whether objected to or not, unless offered for a purpose other than proving the truth of the matter asserted.
        (Feria v. CA)
        
        WITHIN JUDICIAL NOTICE
        When certain facts are within judicial notice of the Court, newspaper accounts "only buttressed these facts as facts
        (Bedol v. Comelec)
        
        HAVE NO PROBATIVE VALUE WHETHER OBJECTED TO OR NOT
        
        UNLESS OFFERED FOR ANOTHER PURPOSE
- - - - (TpsCjt(w))
        (UFsssO)
        (ECom(p)mpgPsfl(ow))
        LEARNED TREATISES ADMISSIBLE IF:
        (TpsCjt(w))
        
        TREATISE, PERIODICAL OR PAMPHLET IS:
        a. PUBLISHED
        b. SUBJECT OF HISTORY, LAW, SCIENCE, OR ART;
        and
        
        COURT TAKES EITHER:
        a. JUDICIAL NOTICE OF IT, or
        b. TESTIMONY OF WITNESS EXPERT IN THE SUBJECT THAT
        -i. WRITER IS RECOGNIZED IN HIS/HER PROFESSION OR CALLING AS EXPERT IN THE SUBJECT
        
        PRIOR TESTIMONY ADMISSIBLE IF:
        (UFsssO)
        
        UNABLE TO TESTIFY B/C:
        a. DEAD,
        b. OUT OF PH OR WITH DUE DILIGENCE CANNOT BE FOUND THEREIN
        c. UNAVAILABLE, OR ANY REASON;
        
        FROM FORMER CASE OR PROCEEDING, JUDICIAL OR ADMINISTRATIVE, WITH:
        a. SAME PARTIES OR REPRESENTATIVES;
        b. SAME SUBJECT EVEN IF DIFF COA;
        c. SAME ISSUE TESTIFIED TO BY WITNESS IN FORMER TRIAL; AND
        
        OPPORTUNITY OF ADVERSE PARTY TO CROSS-EXAMINE THE WITNESS IN THE FORMER CASE
        
        RESIDUAL EXCEPTIONS
        (ECom(p)mpgPsfl(ow))
        STATEMENT NOT SPECIFICALLY COVERED BY ANY OF THE FOREGOING EXCEPTIONS ADMISSIBLE IF THERE IS:
        
        EQUIVALENT CIRCUMSTANTIAL GUARANTEES OF TRUSTWORTHINESS
        
        COURT DETERMINES STATEMENT IS: (OMMPG)
        a. OFFERED AS EVIDENCE OF A
        b. MATERIAL FACT;
        c. MORE PROBATIVE THAN ANY OTHER EVIDENCE
        -i. PROPONENT CAN PROCURE THROUGH REASONABLE EFFORTS; AND
        d. POINT FOR WHICH IT IS OFFERED
        e. GENERAL PURPOSES OF THESE RULES AND INTERESTS OF JUSTICE WILL BE BEST SERVED BY ITS ADMISSION
        
        PROPONENT MAKES KNOWN TO ADVERSE PARTY
        (SFIow)
        a. SUFFICIENTLY IN ADVANCE OF THE HEARING OR BY THE PRE-TRIAL STAGE IN CASE OF A TRIAL OF THE MAIN CASE FOR
        b. FAIR OPPORTUNITY FOR ADVERSE PARTY TO PREPARE TO MEET IT;
        c. INTENTION OF PROPONENT IS TO
        -i. OFFER STATEMENT & ITS PARTICULARS
        -ii. WITH DECLARANT'S NAME & ADDRESS
  - - - LPR:
        
        (TpsCjt(w))
        
        (UFsssO)
        
        (ECom(p)mpgPsfl(ow))