Civil Law: Legitime

Legitime is that part of the testator’s estate which he cannot dispose of because the law has reserved it for his compulsory heirs [Art. 886, NCC].

Who are Compulsory Heirs

A. Primary Compulsory Heirs

1. Legitimate children and their legitimate descendants
2. Surviving spouse and their descendants
3. Illegitimate children and their descendants, whether legitimate or illegitimate.

B. Secondary compulsory Heirs

1. Legitimate parents and other legitimate ascendants [they inherit only in default of legitimate children and their descendants]
2. Illegitimate parents [other illegitimate ascendants not included]. they inherit only in default of legitimate and illegitimate children and their respective descendants.

Remember:

1. Purpose of legitime is to protect the surviving spouse and the children from the unjustified anger or thoughtlessness of the testator.
2. If there are no compulsory heirs, there can be no legitime.
3. The testator cannot deprive the compulsory heirs of their legitime except through valid disinheritance.
4. The testator cannot impose any conditions, substitutions, or burdens on the legitime except the condition that the estate will not be divided for a period not exceeding 20 years [Art. 1083]
5. Donationis inter vivos are to be reduced if found inofficious [ i.e. if they exceed the free portion].
6. Compulsory heirs are not compelled to accept their legitime.

Legitimes of Compulsory Heirs

Where
LC = legitimate child[ren]
IC = illegitimate chid[ren]
SS = surviving spouse
LP = legitimate parent[s]
IP = illegitimate parent[s]

* LC only = 1/2 of estate divided by number of children
* 1 LC = still 1/2
* 1LC + SS = LC 1/2; SS 1/4
* 2 or more LC + SS = LC 1/2; SS – same as 1LC
* 2 or more LC + SS + IC = LC 1/2 + SS same as 1LC, taken from free portion + IC 1/2 share of 1LC, taken from free portion
* LP + SS = LP 1/2 + SS 1/4
* SS + IC = SS 1/3; IC 1/3
* LP + SS + IC = IP 1/2 [even if only 1] + SS 1/8 + IC 1/4
* LP only = 1/2
* IC only = 1/2
* SS only = 1/2
* SS only, but marriage was in articulo mortis and testator died within 3 mos from marriage = 1/3
* SS only, but parties had lived together for more than 5 yrs before their marriage = 1/2
* LP + SS = Ip 1/4 + SS 1/4
* IP + IC = IP [none] + IC 1/2

Remember Also:

1. Legitimate children always get 1/2 of the estate as legitime. This is true even if there is only one child.
2. Legitimate parents as secondary compulsory heirs also always get 1/2 of the estate as their legitime, which is true even if only one legitmate parent survives.
3. There is no representation in the ascending line.
4. The legitime of the surviving spouse must be paid first out of the free portion; then give the illegitimate childdren their legitime. Ergo, if there are many illegitimate children, each of them might not get 1/2 of the share of a legitimate child.
5. There is also representation of illegitimate children.
6. Illegitimate children do not inherit abintestato from legitimate children and relatives of their illegitimate father and mother because of the barrier, and vice versa [Art. 992].
7. Brothers and sisters are not compulsory heirs, but they are intestate heirs. So, a testator can give his entire estate to strangers in his will, excluding his brothers and sisters.
8. To determine the legitime, get the value of the property minus debts, plus the value of donations subject to collation [Art. 908].
9. Donations to children shall be charged to their legitime; donations to strangers shall be charged to the free portion; if they are inofficious, they shall be reduced [Art. 909].
10. The legitimate of legitimate parents shall be divided between them equally. If one parent is dead, the other gets the whole legitime.
11. If the testator has no legitimate parents but is survived by ascendants of equal degree, the legitime shall be divided equally between paternal and maternal lines. If the ascendants are of different degrees, the ones nearest in degree get the entire legitime [Art. 889].

Rules of Criminal Procedure

RULES OF CRIMINAL PROCEDURE

Criminal Jurisdiction of Inferior Courts

1. violations of city or municipal ordinances committed within their respective territorial jurisdiction; and
2. offenses punishable with imprisonment not exceeding 6 years irrespective of the
1. amount of fine
2. other imposable accessory or other penalties
3. civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof
4. offenses involving damage to property through criminal negligence

US v. Bernardo, 19 Phil 265 (1911) – repealed by Legados case; Inferior courts have no jurisdiction to over crimes that may require sentencing the accused to support the offspring from the crime, even if the period of imprisonment is within the jurisdiction of the inferior court.

Legados v. de Guzman, 170 SCRA 357 (1989) MTC has exclusive original jurisdiction over all offenses where the penalty imposable does not exceed 4 years and 2 months (now 6 years) regardless of other imposable penalties and civil liability arising from such offense. Hence, the inferior courts have jurisdiction for simple seduction, even if the accused might be required to support the offspring from the crime.

Jurisdiction of the Sandiganbayan

1. violations of the Anti-Graft and Corrupt Practices Act, Bribery under the RPC, forfeiture of properties unlawfully acquired by public officers, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ‘27′ and higher, specifically including:

1) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other city department heads;

2) City mayor, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;

3) Officials of the diplomatic service occupying the position of consul and higher;

4) Philippine army and air force colonels, naval captains, and all officers of higher rank;

5) Officers of the PNP while occupying the position of provincial director and those holding the rank of senior superintended or higher;

6) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;

7) Presidents, directors or trustees, or managers of GOCCs, state universities or educational institutions or foundations.

1. Members of Congress and officials thereof classified as Grade ‘27′ and higher
2. Members of the judiciary without prejudice to the provisions of the Constitution;
3. Chairmen and members of Constitutional Commission, without prejudice to the provisions of the Constitution; and
4. All other national and local officials classified as Grade ‘27′ and higher.
5. Other offenses of felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office.
6. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.



The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or order of RTCs whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.

The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

[RULE 110] Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor, unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the period of prescription of the offense charged unless otherwise provided in special laws

General Rule: Criminal prosecution may not be restrained or stayed by injunction.

Exceptions:

1. to afford adequate protection to the constitutional rights of the accused
2. when necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions
3. when there is a pre-judicial question which is sub judice
4. when the acts of the officer are without or in excess of authority
5. where the prosecution is under an invalid law, ordinance or regulation
6. when double jeopardy is clearly apparent
7. where the court has no jurisdiction over the offense
8. where it is a case of persecution rather than prosecution
9. where the charges are manifestly false and motivated by the lust for vengeance
10. when there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied
11. to prevent the threatened unlawful arrest of petitioners



Complaint


Information
Sworn statement Need not be sworn
Signed by the offended party, peace officer, or public officer charged with the enforcement of the law violated Signed by the prosecutor [Abela v. Golez, 131 SCRA 12]



When public prosecutor participation is not enough (private offenses)

1. adultery
2. concubinage
3. seduction
4. abduction
5. acts of lasciviousness
6. defamation which consists in the imputation of private offenses

Note that rape is no longer a private offense. It may now be prosecuted even without the initiation of the victim or her relatives.

Special rules for prosecution of private offenses

1. adultery and concubinage
1. complaint filed by the offended spouse (can not be filed by anyone else, even if the offended spouse died)
2. offended party has not consented to the offense or pardoned the offenders.
3. including all living guilty parties
4. seduction, abduction, and acts of lasciviousness
1. complaint filed by

1) the offended party independently, unless she is incompetent or incapable

2) If the offended party is a minor and fails to file the complaint, successively and exclusively

a) her parents

b) grandparents, or

c) guardian

1. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.
2. the offender has not been expressly pardoned by any of them
3. defamation which consists in the imputation of private offenses – upon complaint filed by the offended party

Note in private offenses, the State can possibly file a case independent of the offended parties only in seduction, abduction and acts of lasciviousness. In adultery, concubinage, and defamation, the State can not file a case without a complaint by the offended party.

Designation of the offense

1. Either
1. designation of the offense given by the statute, or
2. if there is no designation, reference to the section or subsection of the statute punishing it
3. aver the acts or omissions constituting the offense
4. specify its qualifying and aggravating circumstances.

Cause of the accusation – The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances

1. must be stated in ordinary and concise language
2. not necessarily in the language used in the statute
3. in terms sufficient
1. to enable a person of common understanding to know

1) what offense is being charged

2) its qualifying and aggravating circumstances

1. for the court to pronounce judgment.

GR: Allegation that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court is sufficient.

Exceptions: the particular place where it was committed constitutes

1. an essential element of the offense charged or
2. is necessary for its identification

People v. Mabuyo, 63 SCRA 532 (1975) Unless place of commission is an essential element of the crime, the accused may be convicted of a crime committed in a place other than the place alleged in the information, as long as such other place is still within the jurisdiction of the court.

GR: Precise date the offense was committed not necessary.

Exception: When it is a material ingredient of the offense.

Rocaberte v. People, 193 SCRA 152 (1991)

Facts: Rocaberte was charged with theft allegedly committed in a period of 7 years (1977-1983). He moves to quash on the ground that the information violated his right to be informed.

Held: A variance of several years in the allegations of the complaint is fatally defective and violative of the constitutional right to be informed. However, the remedy is to move for a bill of particulars, not a motion to quash.

GR: The person against whom or against whose property the offense was committed must be identified by

1. his name and surname, or
2. any appellation or nickname by which such person has been or is known, or
3. if the name of the offended party is unknown
1. a fictitious name; if true name subsequently ascertained, the true name shall be inserted in the complaint or information and record
2. In offenses against property, the property must be described with such particularity as to properly identify the offense.
3. averment that offended party is a juridical person or that it is organized in accordance with law is not necessary

Amendments

1. before accused enters his plea
1. as to anything which does not downgrade the charge or exclude any accused – without leave of court
2. downgrade the charge or excludes an accused –

1) upon motion by the prosecutor

2) with notice to the offended party

3) with leave of court

a) which shall state its reasons

b) served on all parties, especially the offended party

1. after arraignment but before judgment
1. only as to form – with leave of court and when it can be done without causing prejudice to the rights of the accused.
2. wrong offense charged

1) the court shall dismiss the original case upon the filing of a new one charging the proper offense

2) provided the accused would not be placed in double jeopardy

The court may require the witnesses to give bail for their appearance at the trial.

In criminal procedure, venue is jurisdictional. In civil procedure, venue is procedural and may be waived.



Venue

1. the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.
2. if committed on board a vessel in the course of its voyage – the court of
1. the first port of entry or
2. any municipality or territory where the vessel passed during such voyage
3. if committed in any other vehicle in the course of its trip – the court of any municipality or territory where said vehicle passed during its trip, including the place of its departure and arrival.
4. Crimes committed outside of the Philippines but punishable under Article 2 of the RPC shall be cognizable by the court where the criminal action is first filed.



RULE 111 – PROSECUTION OF CIVIL ACTION

Note that the provision requiring reservation of independent civil actions no longer exists.

GR: Civil action deemed instituted with the criminal action.

Exceptions: the offended party

1. waives the civil action
2. reserves his right to institute it separately
1. before the prosecution starts presenting its evidence and
2. under circumstances affording the offended party a reasonable opportunity to make such reservation
3. institutes the civil action prior to the criminal action

Exception to the Exceptions – No reservation to file a separate civil action for

1. violations of BP 22 shall be allowed. The criminal action for violation of BP 22 shall be deemed to include the corresponding civil action.
2. cases before the Sandiganbayan (Sec. 4, RA 8249)

No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action.



Where the civil action has been filed separately and trial thereof has not yet commenced

1. it may be consolidated with the criminal action upon application with the court trying the criminal case
2. If the application is granted, the trial of both actions shall as consolidated the civil and criminal actions.

Filing fees over

1. moral, nominal, temperate or exemplary damages
1. specified in the complaint or information – paid upon filing
2. not specified in the complaint or information – constitute a first lien on the judgment awarding such damages.
3. actual damages – none, unless otherwise provided in these Rules, e.g. amount of the check in violations of BP 22



Effect of criminal action on separate civil action

1. If criminal action has been commenced earlier – separate civil action cannot be instituted until final judgment has been entered in the criminal action.
2. If the criminal action is filed after the separate civil action has already been instituted –
1. civil action suspended, in whatever stage it may be found before judgment on the merits, until final judgment (de Leon: not after judgment is entered?) is rendered in the criminal action.
2. civil action may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action

1) evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action

2) without prejudice to the right of

a) the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and

b) [de Leon: why in the world would the prosecution cross-examine the witnesses of the offended party? Aren’t they on the same side? I think this is a typographical error.]

c) the parties to present additional evidence.

3) the consolidated criminal and civil actions shall be tried and decided jointly.

1. During the pendency of the criminal action, the running of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled.
2. GR: The extinction of the penal action does not carry with it extinction of the civil action.
3. Exception: there is a finding in a final judgment in the criminal action that the act or omission from which civil liability may arise did not exist



PRELIMINARY INVESTIGATION (RULE 12)

Preliminary investigation – an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

GR: Preliminary investigation required

Exceptions: When preliminary investigation not required

1. Penalty is at most 4 years, 2 months

when accused was lawfully arrested without a warrant (Sec. 7, Rule 112)

Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure

1. If filed with the prosecutor
1. the procedure outlined in section 3(a) of Rule 112 shall be observed
2. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days from its filing.
3. If filed with the MTC, for an offense covered by this section
1. the procedure in section 3(a) of Rule 112 shall be observed
2. If within 10 days after the filing of the complaint or information, the judge finds no probable cause after personally evaluating the evidence or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers

1) he shall dismiss the same, or

2) require the submission of additional evidence, within 10 days from notice, to determine further the existence of probable cause.

a) If the judge still finds no probable cause despite the additional evidence, he shall, within 10 days from its submission or expiration of the said period, dismiss the case.

b) When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold him for trial.

c) If the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest



ARREST (RULE 112)

An arrest is made by

1. an actual restraint of a person to be arrested, or
2. by his submission to the custody of the person making the arrest.

Procedure in execution of arrest warrants

1. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt.
2. Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.
1. If warrant was executed

1) the officer executing the warrant should arrest the accused and deliver him to the nearest police station or jail without unnecessary delay.

2) No violence or unnecessary force shall be used in making an arrest.

3) The person arrested shall not be subject to a greater restraint than is necessary for his detention.

4) arrest may be made on any day and at any time of the day or night.

1. If there was failure to execute the warrant – the officer to whom it was assigned for execution shall state the reasons therefore in his report

Instances of warrantless arrests – a peace officer or a private person may, without a warrant, arrest a person

1. When, in his presence, the person to be arrested
1. has committed
2. is actually committing, or
3. is attempting to commit an offense;
4. When
1. an offense has just been committed and
2. he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it
5. When the person to be arrested is a prisoner who has escaped
1. from a penal establishment or place where he is

1) serving final judgment or

2) temporarily confined while his case is pending

1. while being transferred from one confinement to another.
2. who escapes or rescued after being lawfully arrested (Rule 113, Sec. 13);
3. released on bail if he attempts to depart from the Philippines without leave of court



BAIL (RULE 114)

Bail – the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court

Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance

All kinds of bail are subject to the following conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;

(b) The accused shall appear before the proper courts whenever required by the court or these Rules;

(c) The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution of the final judgment.

The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions required by this section. Photographs (passport size) taken within the last six (6) months showing the face, left and right profiles of the accused must be attached to the bail.

Bail, a matter of right; exception. - All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment

The Constitutional right to bail ceases upon initial conviction. Pending appeal, the right to bail is merely statutory. motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case.

No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution.

Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.

If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;

(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;

(c) That he committed the offense while under probation, parole, or under conditional pardon;

(d) That the circumstances of his case indicate the probability of flight if released on bail; or

(e) That there is undue risk that he may commit another crime during the pendency of the appeal.

The appellate court may, motu proprio or on



RIGHTS OF THE ACCUSED (RULE 115)

Rights of accused at the trial

1. to be presumed innocent until the contrary is proved beyond reasonable doubt.
2. to be informed of the nature and cause of the accusation against him.
3. to be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment.
1. The accused may waive his presence at the trial, unless his presence is specifically ordered by the court for purposes of identification.
2. The absence of the accused without any justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat.
3. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained.
4. Upon motion, to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.
5. to testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him;
6. to be exempt from being compelled to be a witness against himself.
7. to confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence
1. the testimony of a witness who is

1) deceased,

2) out of or cannot with due diligence be found in the Philippines,

3) unavailable, or

4) otherwise unable to testify,

1. given in another case or proceeding, judicial or administrative

1) involving the same parties and subject matter

2) the adverse party having the opportunity to cross-examine him.

1. to have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
2. to have speedy, impartial and public trial.
3. to appeal in all cases allowed and in the manner prescribed by law



ARRAINGMENT AND PLES (RULE 116)

When arraignment conducted

1. if the accused is under preventive detention
1. his case shall be raffled and its records transmitted to the judge to whom the case was raffled within 3 days from the filing of the information or complaint
2. arraigned within 10 days from the date of the raffle
3. pre-trial conference shall be held within 10 days after arraignment.
4. if the accused is not under preventive detention
1. the arraignment shall be held within 30 days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided by special law or SC circular
2. the time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period.



Procedure for arraignment

1. Before arraignment
1. the court shall inform the accused of his right to counsel and ask him if he desires to have one. The court must assign a counsel de oficio to defend him unless the accused (Sec. 6)

1) is allowed to defend himself in person or

2) has employed counsel of his choice

1. Counsel de oficio shall be given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment. (Sec. 8)
2. accused may move for a bill of particulars which shall specify

1) the alleged defects of the complaint or information and

2) the details desired. (Sec. 9)

1. accused may move for production or inspection of material evidence in possession of prosecution (Sec. 10)
2. accused may move to suspend the arraignment (Sec. 11)
3. made in open court by the judge or clerk of the court where the complaint or information was filed or assigned for trial
1. furnishing the accused with a copy of the complaint or information
2. reading the same in the language or dialect known to him, and
3. asking him whether he pleads guilty or not guilty
4. accused must be present at the arraignment and must personally enter his plea.
5. When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him.
6. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings.
7. The private offended party shall be required to appear at the arraignment for purposes of plea-bargaining, determination of civil liability, and other matters requiring his presence.
8. In case of failure of the offended party to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone.
9. The prosecution may call at the trial witnesses other than those named in the complaint or information.
10. When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him.



Requisites for a plea of guilty to a lesser offense

1. the lesser offense is necessarily included in the offense charged
2. with the consent of the
1. the prosecutor and
2. offended party, unless fails to appear at the arraignment
3. if after arraignment but before trial – withdrawal of his plea of not guilty; no amendment of the complaint or information is necessary (Escolin: under the old Rules, accused may not change his plea after arraignment)
4. if guilty plea is to a capital offense – the court shall
1. conduct a searching inquiry into

1) the voluntariness and

2) full comprehension of the consequences of his plea

1. shall require the prosecution to prove his guilt and the precise degree of culpability
2. allow the accused to present evidence in his behalf.

When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed.



Requisites for withdrawal of guilty plea

1. guilty plea was improvident
2. before the judgment of conviction becomes final
3. substituted by a plea of not guilty



When arraignment may be suspended

1. accused appears to be suffering from an unsound mental condition which effectively renders him unable
1. to fully understand the charge against him and
2. to plead intelligently thereto
3. there exists a prejudicial question; and
4. a petition for review of the resolution of the prosecutor is pending at either the DoJ, or the OP; provided, that the period of suspension shall not exceed 60 days counted from the filing of the petition with the reviewing office

Note that the new rules now require the civil case be filed before the criminal case in order for a prejudicial question to exist.



MOTION TO QUASH (RULE 117)

Grounds for a motion to quash an information

1. facts charged do not constitute an offense;
2. court trying the case has no jurisdiction over the offense charged;
3. court trying the case has no jurisdiction over the person of the accused;
4. officer who filed the information had no authority to do so;
5. it does not conform substantially to the prescribed form;
6. more than one offense is charged, except when a single punishment for various offenses is prescribed by law;
7. criminal action or liability has been extinguished;
1. By the death of the convict, as to the personal penalties; as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman in

1) Seduction

2) abduction or

3) acts of lasciviousness (Art. 344 RPC)

1. it contains averments which, if true, would constitute a legal excuse or justification; and
2. the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.



Court may order amendment of information if the motion to quash is based on

1. an alleged defect of the complaint or information which can be cured by amendment
2. the ground that the facts charged do not constitute an offense

The motion to quash shall be granted if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment.



GR: If the motion to quash is sustained, the court may order that another complaint or information be filed

Exception: The ground for motion to quash is

1. criminal action or liability has been extinguished;
2. the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.

If the court quashes the information

1. the accused, if in custody, shall not be discharged
1. if the court orders another complaint or information be filed, and accused has not been admitted to bail
2. If no order is made, but the accused is also in custody for another charge.
3. accused shall be discharged if
1. the court orders another complaint or information be filed, but

1) the accused has been admitted to bail

2) no new information is filed within

a) the time specified in the order or

b) such further time as the court may allow for good cause

1. If no order is made, and the accused is not in custody for another charge



Requisites for double jeopardy

1. an accused has been
1. convicted or
2. acquitted, or
3. without his express consent, the case against him was

1) dismissed or

2) otherwise terminated

1. by a court of competent jurisdiction
2. upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and
3. after the accused had pleaded to the charge
4. subsequent prosecution for
1. the offense charged, or
2. any attempt to commit the same or frustration thereof, or
3. any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information.

Exceptions to double jeopardy: The conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information if:

1. the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge;
2. the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; or
3. the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party, except when the offended party fails to appear at the arraignment, in which case the consent of the prosecutor alone is enough [Sec 1(f) of Rule 116]



GR: The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections

Exceptions:

1. the facts charged do not constitute an offense;
2. the court trying the case has no jurisdiction over the offense charged;
3. the criminal action or liability has been extinguished;
4. the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent

de Leon: Extinguishment of criminal liability or action and double jeopardy are not waived by failure to raise in a motion to quash, and are also bars to refiling of the information or complaint. Though the ground of failure to charge an offense or no jurisdiction over subject matter may be raised at any time, it is not a bar to refiling of the information.



PRE-TRIAL (RULE 118)



Civil Pre-trial


Criminal Pre-trial
Presence of defendant and counsel mandatory Accused need not be present, but his counsel must be present, otherwise he may be sanctioned
Amicable settlement is discussed Amicable settlement is not discussed, unless the criminal case is covered by summary procedure
Agreement need not be in writing; included in pre-trial order Agreements or admissions must be written and signed by the accused and counsel to be admissible against him.
Can have proffer of evidence No proffer of evidence; proffer of evidence only after trial



Pre-trial is now mandatory in all criminal cases

1. after arraignment, the court shall order a pre-trial conference
1. within 30 days from the date the court acquires jurisdiction over the person of the accused
2. unless a shorter period is provided for in special laws or circulars of the Supreme Court
3. matters considered in pre-trial
1. plea bargaining;
2. stipulation of facts;
3. marking for identification of evidence of the parties;
4. waiver of objections to admissibility of evidence;
5. modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
6. such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.



TRIAL (RULE 119)



After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order.



Periods of delay excluded in computing the time within which trial must commence

1. resulting from other proceedings concerning the accused, e.g.
1. examination of the physical and mental condition of the accused;
2. proceedings with respect to other criminal charges against the accused;
3. extraordinary remedies against interlocutory orders;
4. pre-trial proceedings; provided, that the delay does not exceed 30 days;
5. orders of inhibition
6. proceedings relating to change of venue of cases or transfer from other courts;
7. finding of existence of a prejudicial question; and
8. reasonably attributable to any period, not to exceed 30 days, during which any proceeding concerning the accused is actually under advisement.
9. resulting from an essential witness’
1. absence

1) his whereabouts are unknown or

2) his whereabouts cannot be determined by due diligence

1. unavailability – his whereabouts are known but his presence for trial cannot be obtained by due diligence.
2. resulting from the mental incompetence or physical inability of the accused to stand trial.
3. from the date the charge was dismissed upon motion of the prosecution, to the date the time limitation would commence to run as to a subsequent charge had there been no previous charge
4. A reasonable period of delay when the accused is joined for trial with a co-accused
1. over whom the court has not acquired jurisdiction, or
2. as to whom the time for trial has not run and no motion for separate trial has been granted.
3. resulting from a continuance granted by any court on the ground that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial
1. motu proprio, or
2. on motion of

1) either the accused or his counsel, or

2) the prosecution



Trial schedule

1. after consultation with the prosecutor and defense counsel, the court shall set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial.
2. In no case shall the entire trial period exceed 180 days from the first day of trial, except as otherwise authorized by the Supreme Court.
3. Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause.
4. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial.



If the accused is not brought to trial within the time limit

1. the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial
2. accused shall have the burden of proving the motion
3. the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time
4. The dismissal shall be subject to the rules on double jeopardy.

Failure of the accused to move for dismissal prior to trial shall constitute a waiver of such ground to dismiss.



Order of trial (When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified)

1. prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
2. accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case.
3. prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
4. Upon admission of evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.



Requisites for state witness

1. absolute necessity for the testimony
2. no other direct evidence available
3. the testimony can be substantially corroborated in its material points;
4. the said accused does not appear to be the most guilty; and
5. the said accused has not at any time been convicted of any offense involving moral turpitude.

Demurrer to Evidence in Criminal Cases


Demurrer to Evidence in Civil Cases
ground is: Insufficient evidence Ground is: Facts and law shown by plaintiff no right to relief
On motion or motu proprio On motion
When motion is filed without leave of court – waiver of right to present evidence; If with leave of court, the accused may adduce evidence in his defense If denied – he has right to present evidence, no prior leave of court required

If granted but reversed on appeal – it is a waiver of the right to present evidence

JUDGMENT (RULE 120)

Judgment – the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.

Form of judgment

1. written in the official language
2. personally and directly prepared by the judge
3. signed by him
4. contain clearly and distinctly a statement of the facts and the law upon which it is based

Contents of the judgment

1. If of conviction
1. the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission
2. the participation of the accused in the offense, whether as principal, accomplice, or accessory
3. the penalty imposed upon the accused; and
4. the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived.
5. If of acquittal
1. whether the evidence of the prosecution

1) absolutely failed to prove the guilt of the accused or

2) merely failed to prove his guilt beyond reasonable doubt

1. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist.



An offense is said to necessarily include another if the essential elements or ingredients of the former constitute the latter.

An offense is said to be necessarily included in another if the essential elements or ingredients of the former constitute or form part of those constituting the latter.



NEW TRIAL OR RECONSIDERATION (RULE 121)



MNT or MfR in Criminal Cases


MNT or MfR in Civil Cases
Either on motion of accused, or the court motu proprio with consent of the accused Must be upon motion of a party, can’t be motu proprio
Grounds for MNT – errors of law or irregularities committed during the trial, or newly discovered evidence Grounds for MNT – FAME, or newly discovered evidence
Ground for MfR – error of law or fact Grounds for MfR – Excessive damages, insufficient evidence, or decision is contrary to law
Filed any time before judgment of conviction becomes final Filed within the period for taking an appeal
Should include all the grounds then available and those not so included shall be deemed waived.
When granted, the original judgment is always set aside or vacated and a new judgment rendered There may be partial grant
2nd MfR not allowed; 2nd MNT may be allowed on evidence not available before



APPEAL (RULE 122)

The only instances when an appeal to the SC is by notice of appeal

1. the penalty imposed is reclusion perpetua, or life imprisonment, or
2. where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed



Notwithstanding perfection of the appeal, the RTC and the inferior courts may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court, in which case the judgment shall become final.

The RTC may also, in its discretion, allow the appellant from the judgment of an inferior court to withdraw his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in which case the judgment of the court of origin shall become final and the case shall be remanded to the latter court for execution of the judgment.



SEARCH AND SEIZURE (RULE 126)

A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.

Court where application for search warrant shall be filed

1. if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending.
2. any court within whose territorial jurisdiction a crime was committed.
3. For compelling reasons stated in the application, any court within the judicial region
1. where the crime was committed, if the place of the commission of the crime is known, or
2. where the warrant shall be enforced.

Requisites for issuing search warrant – A search warrant shall not issue except upon

1. probable cause
2. in connection with one specific offense
3. determined personally by the judge
4. after examination under oath or affirmation of the complainant and the witness he may produce, and
5. particularly describing the place to be searched and the things to be seized

Requisites for arrest warrant issued by a RTC judge

1. Within 10 days from the filing of the complaint or information
2. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence.
3. If he finds probable cause, he shall issue a warrant of arrest
4. In case of doubt on the existence of probable cause
1. the judge may order the prosecutor to present additional evidence within 5 days from notice and
2. the issue must be resolved by the court within 30 days from the filing of the complaint of information.

A search warrant shall be valid for 10 days from its date. Thereafter, it shall be void.

Special Civil Actions

SPECIAL CIVIL ACTIONS (RULES 62-71)



Interpleader (Rule 62) – A person who has property in his possession or an obligation to render, wholly or partially without claiming any right therein, or an interest in which in whole or in part is not disputed by the claimants, comes to court and asks that the persons who consider themselves entitled to demand compliance with the obligation be required to litigate among themselves in order to determine finally who is entitled to the same.

Declaratory Relief and Similar Remedies (Rule 63) – An action brought for the reformation of an instrument, to quiet title to real property or remove clouds therefrom, or to consolidate ownership.

To register his title to real property bought with a right of redemption, the buyer must file an action for declaratory relief. cf Art. 1607 and 1616 NCC

Art. 1607. In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616 shall not be recorded in the Registry of Property without a judicial order, after the vendor has been duly heard. (n)

Art. 1616. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale, and in addition:

(1) The expenses of the contract, and any other legitimate payments made by reason of the sale;

(2) The necessary and useful expenses made on the thing sold.

Grounds for the court to refuse to exercise declaratory relief

1. a decision would not terminate the uncertainty or controversy which gave rise to the action;
2. the declaration or construction is not necessary and proper under the circumstances.


Certiorari, Prohibition and Mandamus (Rule 65)

without jurisdiction – no jurisdiction from the beginning; absolute want of jurisdiction

in excess of jurisdiction – transcended the limits of authority without any statutory authority

grave abuse of discretion – exercised its power in an arbitrary or despotic manner by reason of passion or personal hostilities; so patent and gross as to amount to an evasion or virtual refusal to perform the duty enjoined or to act in contemplation of law

Purposes of a writ of

Certiorari – to correct errors of jurisdiction; refers to only to judicial or quasi-judicial functions

Prohibition – to prevent respondent from usurping a jurisdiction which it is not legally vested; refers to judicial, quasi-judicial, or ministerial functions

Mandamus – to require or compel the respondent to perform a particular duty, which duty results from the official station of the respondent, or from operation of law; refers only to ministerial duties



Certiorari


Prohibition


Mandamus
Directed against a person exercising to judicial or quasi-judicial functions Directed against a person exercising judicial or quasi-judicial functions, or ministerial functions Directed against a person exercising ministerial duties
Object is to correct Object is to prevent Object is to compel
Purpose is to annul or modify the proceedings Purpose is to stop the proceedings Purpose is to compel performance of the act required and to collect damages
Person or entity must have acted without or in excess of jurisdiction, or with grave abuse of discretion Person or entity must have acted without or in excess of jurisdiction, or with grave abuse of discretion Person must have neglected a ministerial duty or excluded another from a right or office



Prohibition


Injunction
Always the main action May be the main action or just a provisional remedy
Directed against a court, a tribunal exercising judicial or quasi-judicial functions Directed against a party
Ground must be the court acted without or in excess of jurisdiction Does not involve a question of jurisdiction



Prohibition


Mandamus
To prevent an act by a respondent To compen an act desired
May be directed against entities exercising judicial or quasi-judicial, or ministerial functions May be directed against judicial and non-judicial entities
Extends to discretionary functions Extends only to ministerial functions



Mandamus


Quo warranto
Clarifies legal duties, not legal titles Clarifies who has legal title to the office, or franchise
Respondent, without claiming any right to the office, excludes the petitioner Respondent usurps the office



Certiorari as a Mode of Appeal (Rule 45)


Certiorari as a Special Civil Action (Rule 65)

only questions of law may be raised


question of whether the lower court acted without or in excess of jurisdiction or with grave abuse of discretion

involves review of judgments, awards, or final orders


may be directed against an interlocutory order of the court or where not appeal or plain or speedy remedy available in the ordinary course of law

filed within 15 days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner’s MNT or MfR; the SC may for justifiable reasons grant an extension of 30 days


filed within 60 days from notice of the judgment, order or resolution

stays execution of the judgment, award or order appealed from
Execution is not stayed unless a TRO or a writ of PI has been issued

lower courts or judges thereof are not impleaded


the lower court or judge is impleaded as a public respondent

Prior MfR not required


MfR is a condition precedent, subject to exceptions

appellate jurisdiction is invoked


original jurisdiction is invoked; SC exercises its power of control and supervision over proceedings of the lower court

de Leon: Exension of 30 days may be granted for justifiable reasons


de Leon: Extension of 15 days may be granted for compelling reasons

de Leon: Filed with only the SC
de Leon: May be filed in all courts of general jurisdiction
de Leon: SC may deny the decision motu propio





Grounds for the court to motu propio dismiss the special civil action for CPM

1. patently without merit
2. prosecuted manifestly for delay, or
3. the questions raised therein are too unsubstantial to require consideration.


Quo Warranto (Rule 66)



Quo Warranto – a demand made by the state upon some individual or corporation to show by what right they exercise some franchise or privilege appertaining to the State which according to the Constitution or the laws of the land, they can not legally exercise by virtue of a grant or authority from the State



Quo Warranto


Mandamus
Remedy to try an office or franchise and to oust the holder from enjoyment To clear legal duties, not disputed titles
There is usurpation or intrusion into an office by the respondent Respondent need not claim right to an office but excludes petitioner therefrom



Quo Warranto


Election Contest
Disputes relates to the eligibility of the candidate elect Dispute refers to irregularities in the conduct of election
Respondent ousted but petitioner does not always assume office Successful protestant wil assume office if he had plurality of valid votes



Quo Warranto in Elective Offices


Quo Warranto in Appointive Offices
Issue is eligibility of the respondent Issue is the validity of the appointment
Petitioner does not seek replace respondent Petitioner seeks to replace repondent


Forcible Entry and Unlawful Detainer (Rule 70)

General procedure in ejectment cases

1. Verified complaint filed with the MTC within 1 year from unlawful deprivation or withholding of possession
2. Answer within 10 days from receipt of summons
3. Preliminary conference within 30 days from answer
4. Court issues preliminary conference order with 5 days.
5. Parties submit affidavits of witnesses, other evidences and position papers within 10 days from receipt of preliminary conference order
6. Court renders judgment within 30 days from receipt of affidavits and position papers.



Prohibited pleadings and motions

1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter, or failure to comply with section 12;

2. Motion for a bill of particulars;

3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;

4. Petition for relief from judgment;

5. Motion for extension of time to file pleadings, affidavits or any other paper;

6. Memoranda;

7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;

8. Motion to declare the defendant in default;

9. Dilatory motions for postponement;

10. Reply;

11. Third-party complaints;

12. Interventions

Rules of Evidence

RULES OF EVIDENCE
Evidence – the means, sanctioned by the Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
Relevant evidence – evidence which has a relation to the fact in issue as to induce belief in its existence or non-existence; evidence which tends in any reasonable degree to establish the probability or improbability of the fact in issue.
Material evidence – evidence which is directed to prove a fact in issue as determined by the rules of substantive law and pleadings; evidence of such quality of substantial importance to the particular issue, apart from its relevance
The terms “relevant” and “material” are practically the same. They are used interchangeably by the SC.
Competent evidence – evidence which is not excluded by the law or by the Rules of Court
Direct evidence – evidence which proves a fact in dispute without the aid of any inference or presumption
Circumstantial evidence – proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence
Expert evidence – testimony of a witness regarding a question of science, art or trade, when he is skilled therein
Prima facie evidence – evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence
Conclusive evidence – evidence which is incontrovertible and which the law does not allow to be contradicted
Cumulative evidence – evidence of the same kind and character as that already given and tends to prove the same proposition
Corroborative evidence – evidence of a different kind and character tending to prove the same point
Best evidence – evidence which affords the greatest certainty of the fact in question
Secondary evidence – evidence which is necessarily inferior to primary/best evidence and shows on its fact that better evidence exists
Factum probans – the evidentiary fact by which the factum probandum is to be established; material evidencing the proposition, existent, and offered for the consideration of the tribunal
Factum probandum – the ultimate fact sought to be established; proposition to be established, hypothetical, and that which one party affirms and the other denies

Factum probandum Factum Probans
Proposition to be established Material evidencing the proposition
Conceived of as hypothetical; that which one party affirms and the other denies Conceived of for practical purposes as existent, and is offered as such for the consideration of the court

Collateral facts – matters other than facts in issue and which are offered as a basis merely for inference as to the existence or non-existence of the facts in issue
Real evidence – evidence furnished by the things themselves, or view or inspection as distinguished from a description by them of a witness; that which is addressed directly to the senses of the court without the intervention of a witness
Rebuttal evidence – evidence which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party
Positive evidence – when a witness affirms that a fact did or did not occur
Negative evidence – when a witness states that he did not see or know the occurrence of a fact
Admissibility of evidence Weight of evidence
Pertains to the ability of the evidence to be allowed and accepted subject to its relevancy and competence Pertains to the effect of evidence admitted
Substantive essence or characteristic feature of evidence as would make it worthy of consideration by the court before its admission The probative value of evidence which the court may give to admit after complying with the rules of relevancy and competency

Proof Evidence
Effect and result of evidence Medium of proof
End Result Means to the end
Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

RULE 129 – WHAT NEED NOT BE PROVED
Judicial notice, when mandatory. - A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions.
Judicial notice, when discretionary. - 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.
When court takes judicial notice
1. During trial, on any matter – allow the parties to be heard thereon
2. After trial, and before judgment or on appeal – any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case
Hearing is necessary when
1. During the trial, the court
1. motu propio, on request of a party
2. announces its intention to take judicial notice of any matter
3. After trial
1. before judgment or on appeal
2. motu propio, on request of a party
3. takes judicial notice of any matter, and
4. if such matter is decisive of a material issue in the case
Hence, the court can take judicial notice of any matter during the trial as long as there is a hearing. If trial is already over, the court can take judicial notice only of matters decisive of a material issue in the case as long as there is a hearing.
Instances of Judicial admissions
1. the genuineness and due execution of an actionable document copied or attached to a pleading, when the other party fails to specifically deny under oath (Rule 8 §8)
2. material allegations in the complaint, when the other party fails to specifically deny it (Rule 8 §11)
3. admissions in superseded pleadings, when offered in evidence (Rule 10 §8)
4. act, declaration, or omission of a party as to a relevant fact (Rule 130 §26)
5. implied admission of guilt in an offer of compromise by the accused in criminal cases, except quasi-offenses and those allowed by law to be compromised (Rule 130 §27)
6. admission by silence (Rule 130 §32)

RULES OF ADMISSIBILITY (RULE 130)
Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.
Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents.
Best Evidence Rule – When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself
Exceptions: When the original
1. has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;
2. 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;
3. consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and
4. the original is a public record in the custody of a public officer or is recorded in a public office
Original documents
1. one the contents of which are the subject of inquiry.
2. When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals.
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, all the entries are likewise equally regarded as originals
Requisites for admission of secondary evidence, according to grounds
1. the original has been lost or destroyed, or cannot be produced in court
1. prove execution or existence
2. prove cause of unavailability without bad faith of the offeror
3. proof of contents in the following order
1) copy
2) recital of its contents in
a) some authentic document, or
b) testimony of witnesses
1. the original is in the custody or under the control of the adverse party
1. adverse party had reasonable notice to produce the original (Subpoena duces tecum)
2. proof of the original’s existence
3. adverse party fails to produce the original
4. proof of contents in the following order
1) copy
2) recital of its contents in
a) some authentic document, or
b) testimony of witnesses
1. the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and
2. the original is a public record in the custody of a public officer or is recorded in a public office – contents may be proved by a certified copy issued by the public officer in custody thereof
1. Rule 132 §25: What attestation of copy must state
1) the copy is a correct copy of the original, or a specific part thereof
2) under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court
1. Rule 132 §27: Public record of a private document – may be proved by
1) the original record, or
2) by a copy thereof
a) attested by the legal custodian of the record
b) with an appropriate certificate that such officer has the custody

Parol Evidence Rule: When the terms of an, agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.
Exceptions: a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading
1. An intrinsic ambiguity, mistake or imperfection in the written agreement
2. failure of the written agreement to express the true intent and agreement of the parties
3. validity of the written agreement; or
4. The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement
If the ground is subsequently-agreed terms, the subsequently-agreed terms must also be put in issue in the pleadings.
The rule applies only to the terms of an agreement. If the evidence sought to be admitted refers to matters other than the terms of the agreement (e.g. statement of facts), then the PER does not apply, such evidence is admissible.
PER applies only to the parties to the agreement. It does not apply where PER is invoked against a litigant who is a stranger to the agreement.
Requisites for mistake as exception to PER
1. mutual between the parties
2. of fact, not of law
3. alleged and put in issue in the pleadings
4. proved by clear and convincing, not merely preponderance of, evidence

Parol Evidence Rule Best Evidence Rule
No issue as to the contents of a writing Issue is contents of a writing
Parol evidence is offered Secondary evidence is offered
Presupposes that original is in court Applies when the original is not available
Effect is can not add, subtract, or explain the contents Effect is can not present any evidence on the contents other than the original
Invoked only if the controversy is between parties to the agreement Invoked by anybody, whether a party to the instrument or not
Applies only to agreements and wills Applies to all kinds of writing
The following persons cannot be witnesses:
(a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others;
(b) Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully.
For a mentally defective person to be a witness, he must be mentally capable at the time of production, even if he was not so at the time of perception. A child must be mentally mature both at the time of perception and at the time of production. With regards to the subject matter of the testimony, we must make a distinction between absolute disqualifications and relative disqualifications. Objections based on absolute disqualifications may be raised upon the calling of the disqualified witness. Objections based on relative disqualifications may be raised when it becomes apparent that the subject matter of the testimony covers inadmissible matters.
Marital Disqualification (Sec. 22) Marital Communications (Sec. 24)
Covers all matters regardless of source Covers only those communicated by one spouse to another
Applies during the marriage Applies during and after the marriage
A spouse must be a litigant A spouse need not be a litigant
Invoked when a spouse is called to testify Invoked when the testimony appears to cover privileged matters

Requisites for dead man’s statute (Sec. 23)
1. the witness sought to be disqualified is the plaintiff
2. Executor, administrator or representative of a deceased person, or the person of unsound mind is the defendant
3. upon claim or demand against the estate of such deceased person or against such person of unsound mind
4. as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind.
5. [no counterclaim is filed]
Privileged Communication (Sec. 24)
The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants;
An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity;
A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the reputation of the patient;
A minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs;
A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure.
In civil cases, an offer of compromise is inadmissible regardless of the cause of action. In criminal cases, the general rule is an offer of compromise is admissible. However, it is inadmissible under the following cases:
1. quasi-offenses (criminal negligence)
2. cases allowed by law to be compromised (e.g. BIR can compromise tax cases)
3. plea of guilty later withdrawn
4. unaccepted offer to plead guilty to a lesser offense
5. offer to pay or payment of expenses occasioned by an injury
6. [the offer is made only to avoid the consequences of litigation]
7.
Note that the inadmissible offer to pay refers only to expenses occasioned by an injury. It does not include offers to pay other expenses. Ergo, an offer to pay for damages to property is admissible in criminal cases.
Further note that an offer to pay for expenses other than those occasioned by an injury is inadmissible in civil cases. Though the 3rd paragraph of §27 excludes in civil cases offers to pay only for expenses occasioned by an injury, offers to pay for other expenses fall under the general rule that an offer to compromise in civil cases is not admissible. The exclusion in civil cases of offers to pay for expenses occasioned by an injury is merely a superfluity. Even if the exclusion was expressly applied to only criminal cases, an offer to pay for expenses occasioned by an injury is in the nature of an offer to compromise which is undoubtedly admissible in civil cases. The bottomline is: an offer to pay for any expense in civil cases is inadmissible.
Requisites for admission by silence
1. The act or declaration is made in the presence and within the hearing or observation of a party
2. The party does or says nothing
3. The act or declaration naturally calls for action or comment if not true
4. Such action or comment is proper and possible on the part of the party.
Requisites for the admissibility of a confession
1. the confession must be voluntary;
2. the confession must be made with the assistance of a competent and independent counsel;
3. the confession must be express;
4.. the confession must be in writing.
Testimonial Knowledge (Hearsay Rule – Sec. 36)
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.
Exceptions to the Hearsay Rule (Secs. 37-47)
1. Dying declaration – the declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.
2. 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 declarant’s own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons.
3. Act or declaration against pedigree – The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. 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.
4. 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 or affinity. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree.
5. Common reputation – Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation.
6. Parts of the res gestae – Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the 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.
7. Entries in the course of business – Entries made at, or near the time of the transactions to which they refer, by a person deceased, or unable to testify, who was in a position to know the facts therein stated, may be received as prima facie evidence, if such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty.
8. Entries in official records – Entries in official records made in the performance of his 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.
9. 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.
10. Learned treatises – A published treatise, periodical or pamphlet on a subject of history, law, science or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies that the writer of the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject.
11. Testimony or deposition at a former proceeding – The testimony or deposition of a witness deceased or unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him.
GR: The opinion of a witness is not admissible. (Sec. 48)
Exceptions: Admissible opinion evidence
1. a matter requiring special knowledge, skill, experience or training which he is shown to possess, may be received in evidence.
2. the identity of a person about whom he has adequate knowledge;
3. a handwriting with which he has sufficient familiarity
4. the mental sanity of a person with whom he is sufficiently acquainted.
5. his impressions of the emotion, behavior, condition or the appearance of a person
GR: Character evidence not generally admissible (Sec. 51)
Exceptions
1. In Criminal Cases:
1. accused may prove his good moral character which is pertinent to the moral trait involved in the offense charged.
2. In rebuttal, the prosecution may prove the bad moral character of the accused which is pertinent it to the moral trait involved in the offense charged.
3. 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.
4. In Civil Cases – only when pertinent to the issue of character involved in the case.
5. good character of an impeached witness

BURDEN OF PROOF (RULE 131)
Burden of proof – 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
Instances of conclusive presumptions
1. a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it:
2. 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.
Statutory instances of estoppel
1. non-owner transferor who later acquires title passes ownership to the transferee by operation of law (Art. 1434 NCC)
2. agent who alienates can not claim title against the transferee (Art. 1435 NCC)
3. a lessee or a bailee is estopped from asserting title to the thing leased or received, as against the lessor or bailor. (Art. 1436 NCC)
4. in a contract between 3rd persons concerning immovable property, one of them is misled by a person with respect to the ownership or real right over the real estate, the latter is precluded from asserting his legal title or interest therein, provided all these requisites are present:
1. fraudulent representation or wrongful concealment of facts known to the party estopped;
2. party precluded must intend that the other should act upon the facts as misrepresented;
3. party misled must have been unaware of the true facts; and
4. party defrauded must have acted in accordance with the misrepresentation. (Art. 1437 NCC)
5. One who has allowed another to assume apparent ownership of personal property for the purpose of making any transfer of it, cannot, if he received the sum for which a pledge has been constituted, set up his own title to defeat the pledge of the property, made by the other to a pledgee who received the same in good faith and for value. (Art. 1438 NCC)
Disputable presumptions – The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence:
(a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his voluntary act;
(d) That a person takes ordinary care of his concerns;
(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 a thing delivered by one to another belonged to the latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for the later ones 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;
(k) That a person in possession of an order on himself for the payment of the money, or the delivery of anything, has paid the money or delivered the thing accordingly;
(1) 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 years, it being unknown whether or not the absentee still lives, he is considered dead for all purposes, except for those of succession.
The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his 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 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 years;
(3) A person who has been in danger of death under other circumstances and whose existence has not been known for four years;
(4) If a married person has been absent for four 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 danger of death under the circumstances hereinabove provided, an absence of only two years shall be sufficient for the purpose of contracting a subsequent marriage. However, in any case, before marrying again, the spouse present must institute a summary proceeding as provided in the Family Code and in the rules for a 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 the ordinary 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 rides shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage, provided it be born within three hundred days after the termination of the former marriage;
(2) A child born after one hundred eighty 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 when such presumption is necessary to perfect the title of such person or his 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 age of the sexes, according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to have survived;
2. If both were above the age of sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have survived;
4. 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;
5. 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.

PRESENTATION OF EVIDENCE (RULE 132)
The order in which an individual witness may be examined is as follows:
1. Direct examination by the proponent – the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.
2. Cross-examination by the opponent – Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to any matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.
3. Re-direct examination by the proponent – After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination. On re-direct examination, questions on matters not dealt with during the cross-examination, may be allowed by the court in its discretion.
4. Re-cross-examination by the opponent – Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion.
Leading questions – a question which suggests to the witness the answer which the examining party desires
GR: Leading questions not allowed.
Exceptions
1. cross examination;
2. Preliminary matters;
3. difficulty in getting direct and intelligible answers from a witness who is
1. ignorant, or
2. a child of tender years, or
3. feeble mind, or
4. a deaf-mute;
5. unwilling or hostile witness; or
6. witness 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.
Misleading question – one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated.
Misleading questions are never allowed. No exceptions.
Sec. 11. Impeachment of adverse party’s witness. – A witness may be impeached by the party against whom he was called, by contradictory evidence, by evidence that his general reputation for truth, honesty, or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense.
GR: The party producing a witness is not allowed to impeach his credibility.
Exceptions: When party may impeach his own witness (except evidence of bad character)
1. an unwilling or hostile witness; or
2. 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.
Grounds for declaring a witness unwilling or hostile
1. adverse interest
2. unjustified reluctance to testify, or
3. misled the party into calling him to the witness stand.
Consequences of being an unwilling, hostile, or adverse witness
1. may be impeached by the proponent, except by evidence of bad character
2. may also be impeached by the opponent
3. may be cross-examined by the opponent, only on the subject matter of his direct examination
4. proponent may ask leading questions
Sec. 36. Objection to evidence offered orally must be made immediately after the offer is made.
Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent.
An offer of evidence in writing shall be objected to within three (3) days after notice of the offer unless a different period is allowed by the court.
In any case, the grounds for the objections must be specified.
Grounds for objection – Hearsay, argumentative, leading, misleading, incompetent, irrelevant, best evidence rule, parol evidence rule, question has no basis
When evidence considered offered
People v. Franco, 269 SCRA 211 (1997) The court shall consider no evidence, even an extra-judicial confession, which has not been formally offered. Mere fact that evidence has been identified and marked in the course of the examination of a witness, without the contents being recited in his testimony, does not mean that it has been formally offered as evidence. Identification of documentary evidence is done in the course of the trial and is accompanied by the marking of the evidence as an exhibit, while the formal offer of documentary evidence is done only when the party rests its case.
Philippine Bank of Commerce v. CA, 195 SCRA 567 (1991) Where the genuineness and due execution of documents of an instrument attached to a complaint are deemed admitted by failure to specifically deny it under oath, such instruments are considered as evidence although they were not formally offered.
Rule 8, Sec. 8. How to contest such documents. — When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts; but the requirement of an oath does not apply when the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused.
When objection should be made
People v. Java, 227 SCRA 668 (1993) Objection to testimony on the ground of lack of a formal offer of the testimony should be done when the witness was called to testify.
Interpacific Transit, Inc. v. Aviles, 186 SCRA 385 (1990) Objection to documentary evidence must be made at the time it is formally offered (i.e. when the party rests its case) as an exhibit and not before. Objection prior to that time (e.g. identification of the evidence) is premature. Mere identification and marking is not equivalent to a formal offer of the evidence. A party may decide to not offer evidence already identified and marked.

WEIGHT AND SUFFICIENCY OF EVIDENCE (RULE 133)
In civil cases, the party having the burden of proof must establish his case by a preponderance of evidence. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider
1. all the facts and circumstances of the case
2. the witnesses’ manner of testifying
3. their intelligence
4. their means and opportunity of knowing the facts to which they are testifying
5. the nature of the facts to which they testify
6. the probability or improbability of their testimony
7. their interest or want of interest
8. their personal credibility so far as the same may legitimately appear upon the trial.
9. number of witnesses, though the preponderance is not necessarily with the greater number.
A cause of action on the ground of reformation of instrument must be proven by clear and convincing evidence.
In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt 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.
A defense of self-defense must be proven by clear and convincing evidence.
In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence
Substantial evidence – that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion
Generally, the motive of the accused is immaterial in a criminal case, not being an essential element of the crime, hence, it does not need to be proved.
Exceptions:
1. when there is no eyewitness and the suspicion is likely to fall on a considerable number of persons;
2. when there is doubt as to whether the accused is or is not the person who committed the offense;
3. when it is necessary to determine the sanity of the accused or the voluntariness of the act, the specific nature of the crime committed, or whether the shooting was intentional or accidental;
4. when the accused interposes self-defense or defense of stranger.
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