R130 sec36-51

8/13/2019 R130 sec36-51

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Sec. 36

Rule: A witness can testify only to those facts which he knows

of his personal knowledge

Exception: except as otherwise provided in these

rules

Personal Knowledge

Those which are derived from his own perception

EXCEPTIONS TO HEARSAY RULE

1. Dying declaration

2. Declaration against interest

3. Act or declaration about pedigree

4. Family reputation or tradition about pedigree

5. Common reputation

6. Part of the res gestae

7. Entries in the course of business

8. Entries in official records

9. Commercial lists and the like

10. Learned treatises

11. Testimony or deposition at a former proceedings

Sec. 37

Requisites of Dying Declaration:

1. Declaration of a dying person

2. Made under the consciousness of an impending

death

3. Death is the subject of inquiry

As to what may be used as evidence?

As evidence of the

1. Cause &

2. Surrounding circumstances of such death

Sec. 38

Requisites of Declaration against interest

1. Declaration is made by

a. Deceased or

b. Unable to testify

2. Against the interest of the declarant

3. That a reasonable man in his position would not

have made the declaration unless believed it to be

true

Evidence against

1. Himself

2. His successors in interest

3. Third persons

Sec. 39

Requisites of Acts or declaration about Pedigree

1. Act or declaration must be made by a person

a. Deceased or


2. Must be in respect to the pedigree of another

person related to him by

a. Birth or

b. Marriage

3. Occurred before the controversy

4. Relationship between the two persons is shown by

evidence other than such act or declaration

Pedigree1

Includes

1. Relationship

2. Family genealogy

3. Birth

4. Marriage

5. Death

The dates when and

The places where these facts occurred

And the names of the relatives

Embraces also facts of family history intimately

connected with pedigree

Sec. 40

Requisites of Family reputation or tradition regarding

pedigree

1. Reputation or tradition must be existing in a family

previous to a controversy

2. Must be in respect to the pedigree of anyone of its

members

3. Witness testifying is also a member of the family

(consanguinity/ affinity)

What may be received as evidence of pedigree?

1. Entries in

a. Family bibles or

b. Other family books or charts

2. Engraving on rings

3. Family portrait & the like

Sec. 40

Requisites of Common reputation:

1. Common reputation must exist before the

controversy

2. Respecting

a. facts of public or general interest

b. marriage or

c. moral character

3. More than 30 years old (if facts of public interest)

1 For easy understanding: family lineage

8/13/2019 R130 sec36-51


What may be received as evidence of common reputation?

1. Monuments & inscriptions in public places

Sec. 42

Requisites of part of res gestae

1. Statements are made by a person

2. When?

a. While a startling occurrence is taking place

or

b. immediately prior or

c. Subsequent thereto

3. With respect to the circumstances thereof

Or

1. Statements accompanying an equivocal act

2. Material to the issue and

3. Giving it a legal significance

Sec. 43

Requisites of Entries in the course of business

1. Entries are made

a. At the time of the transactions or

b. Near the time of transactions to which they

refer

2. By a person

a. Deceased or


3. Who was in the position to know the facts therein

stated

4. Such person made the entries in

a. his professional capacity or

b. in the performance of his duty

5. in the ordinary or regular course of business or duty

What kind of evidence?

prima facie evidence

Sec. 44

Requisites of Entries in Official Records

1. Entries must be in official records

2. Made by

a. a public officer of the Phil. in the

performance of his duty or

b. a person in the performance of his duty

specially enjoined by law

What kind of evidence?

1. Prima facie

Sec. 45

Requisites of Commercial lists and the like

1. Must be statements of matters of interest to

persons engaged in an occupation

2. Contained in a

a. List

b. Register

c. Periodical, or

d. Other published compilation

3. Published for use

4. By persons engaged in that occupation

5. And is generally used and relied upon by them

therein

Admissible for what?

2. As tending to prove the truth of any relevant matter

so stated

Sec. 46

Requisites of Learned Treatises

1. Must be a published

a. Treatise

b. Periodical or

c. Pamphlet

2. On a subject of

a. History

b. Law

c. Science or

d. Art

3. Must be

a. taken judicial notice of court or

b. witness expert in the subject testifies that

the writer of the statement in the treatise,

periodical or pamphlet is

i. recognized in his profession or

ii. calling as expert in the subject

Admissible for what?

As tending to prove the truth of any relevant matter stated

therein

Sec 47

Requisites of Testimony or deposition at a former proceeding

1. it must be a testimony or deposition of a witness

a. deceased or

b. unable to testify

2. given in a former case or proceeding

(judicial/administrative)

3. involving the same

a. parties &

b. subject matter

8/13/2019 R130 sec36-51


4. adverse party must had the opportunity to cross-

examine him

For what?

3. May be given in evidence against the adverse party

who had the opportunity to cross-examine him

Opinion Rule

Sec. 48

General Rule: the opinion of a witness is not admissible

Exception:

1. Opinion of expert witness (sec. 49)

2. Opinion of ordinary witness in sec. 50

Sec. 49

Opinion of Expert witness

1. The opinion of a witness in a matter requiring special

o Knowledge

o Skill or

o Training

2. Which he is shown to possess

Sec. 50

Requisites for an opinion of an ordinary witness may be

received in evidence:

1. Must be opinion of a witness

2. Proper basis must be given

3. Must be regarding:

a. Identity of a person about whom he has

adequate knowledge

b. a handwriting with which he has sufficient

familiarity

c. the mental sanity of a person with whom

he is sufficiently acquainted

4. he may also testify on his

a. impressions of emotion

b. behaviour

c. condition or

d. appearance of a person

Character Evidence

Sec. 51

General Rule: not admissible

Exceptions:

1. In criminal cases, it may be used to prove

a. Accused’s Good moral character

i. Must be pertinent to the moral

trait involved in the offense

charged

ii. The prosecution may not prove his

bad moral character which is

pertinent to the moral trait

involved in the offense charged in

the rebuttal

b. Good or bad moral character of the

offended party

i. Must tend to establish in any

reasonable degree the probability

and improbability of the offense

charged

2. Civil cases

a. Moral character of a party

i. Must be pertinent to the issue of

character involved in a case

b. Rule 132 sec. 14- evidence of the good

character of a witness is not admissible unti

such character has been impeached.

R130 sec36-51

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