TESTIMONIAL EVIDENCE Qualification of Witnesses SEC 20 WITNESSES

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TESTIMONIAL EVIDENCE Qualification of Witnesses

TESTIMONIAL EVIDENCE Qualification of Witnesses

SEC. 20: WITNESSES; THEIR QUALIFICATIONS. RULES: * Witness– one who, being present, personally sees

SEC. 20: WITNESSES; THEIR QUALIFICATIONS. RULES: * Witness– one who, being present, personally sees or 1. a thing, All persons whospectator can perceive, and perceiving, can make known perceives a beholder, or eyewitness; theirtoperception to seen others may be one who testifies what he has or heard, orwitnesses. Religious or otherwise observed. political belief, interest in the outcome of the case, or conviction * of a crime shall be a ground for disqualification unless otherwise provided by law. - It is a person who is not an accused and Prosecution witness who is called to testify relating to a criminal case. 2. * State Exception: When a person is disqualified: a. By–reason or mental maturity; It is oneofofhis twomental or morecondition persons jointly charged witness Becommission reason of of public policy; withb. the a crime but who is discharged with his c. consent so he of thatconfidential he can be acommunication; witness for the state. By reason or d. When disqualified by law or these Rules.

SEC. 20: WITNESSES; THEIR QUALIFICATIONS. WHEN DEAF MUTES ARE COMPETENT WITNESSES a. where they

SEC. 20: WITNESSES; THEIR QUALIFICATIONS. WHEN DEAF MUTES ARE COMPETENT WITNESSES a. where they can understand appreciate the sanctity of an oath; b. can comprehend facts they are going to testify on; and c. can communicate their ideas through a qualified interpreter.

SEC. 20: WITNESSES; THEIR QUALIFICATIONS. • While an accused may voluntarily take the witness

SEC. 20: WITNESSES; THEIR QUALIFICATIONS. • While an accused may voluntarily take the witness stand to testify on his behalf in a criminal case filed against him and be cross examined thereby, he cannot be compelled to be a witness for the prosecution.

TYPES OF IMMUNITY FROM SUIT GRANTED TO A WITNESS: a. Transactional immunity – A

TYPES OF IMMUNITY FROM SUIT GRANTED TO A WITNESS: a. Transactional immunity – A witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. b. Use-and-derivative-use immunity – A witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution.

QUALITIES OR ABILITIES A WITNESS MUST POSSESS a. to observe b. to remember c.

QUALITIES OR ABILITIES A WITNESS MUST POSSESS a. to observe b. to remember c. to relate d. to recognize a duty to tell the truth

SEC. 21: DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY. Definition: 1. Voir Dire

SEC. 21: DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY. Definition: 1. Voir Dire – literally means to speak the truth. 2. Voir Dire Examination – denotes the preliminary examination under oath which the court may make of one presented as a witness (or juror), where his competence, interest, etc. is objected to.

RULES: SEC. 21: DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY. 1. following persons

RULES: SEC. 21: DISQUALIFICATION BY REASON OF MENTAL INCAPACITY OR IMMATURITY. 1. following persons cannot be 3. Generally, The Ruletheon Examination of a Child Witness; Presumption of Competency: Under the new Child Witness Rule, every child is witnesses: 2. Test of Competency: presumed qualified to aiswitness. Only when substantial the doubt a. Insane, unless his testimony offered during a lucid a. Sufficiency ofbeunderstanding to interval; appreciate exists regarding ability of the child to perceive, remember, b. Minor, subject tothe exceptions. nature and obligation of an oath, communicate, truth to from falsehood or appreciate When the courtdistinguish subjects the witness voir dire, the court reminds him or her the b. totheobserve, and about the consequences ofcapacity the will truth. the When court is satisfied that duty to. Sufficiency tell the truth inof court, motu proprio or the on motion of fear or hope has been ruledexamination out, then the confession of the witness of ainfluence party, conduct a competency of a child. The court c. Describes correctly the facts in regard to can be deemed voluntary. ad litem to promote the child’s best interest. mayappoint a guardian which he is called to testify.

SEC. 22: DISQUALIFICATION BY REASON OF MARRIAGE. RULE 3. S: Exceptions: 1. Disqualification –

SEC. 22: DISQUALIFICATION BY REASON OF MARRIAGE. RULE 3. S: Exceptions: 1. Disqualification – neither 2. a. Marital Requisites: In a civil case by one against Rule the other, or husband nor wife testify for orand against are may legally married, b. a. In. Spouses a criminal case for a crime committed by one the consent the to other against thewithout other. b. other Either spousethe must be a of party the The right to invoke disqualification belongs to spouse during thethis marriage. case. the spouse-party, therefore, he or she alone can claim or waive it.

SEC. 23: DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY. 1. Dead

SEC. 23: DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE PARTY. 1. Dead Man’s Statute or Survivor Disqualification Rule – provides that if one party to the alleged transaction is precluded from testifying by death, insanity or other mental disabilities, the surviving party is not entitled to undue advantage of giving his own uncontradicted and unexplained account of the transaction. Purpose: To guard against the temptation to give false testimony on the part of the surviving party, and put the parties to the suit upon the terms of equality in regard to opportunity to produce evidence.

PRIVILEGED COMMUNICATION RULE a rule of law that, to protect a particular relationship or

PRIVILEGED COMMUNICATION RULE a rule of law that, to protect a particular relationship or interest, either permits a witness to refrain from giving testimony he otherwise could be compelled to give, or permits someone, usually one of the parties, to prevent the witness from revealing certain information.

PRIVILEGED COMMUNICATION RULE A. Marital Privilege Rule/Spousal Immunity 1) 2) Requisites: Exemptions: (a) That

PRIVILEGED COMMUNICATION RULE A. Marital Privilege Rule/Spousal Immunity 1) 2) Requisites: Exemptions: (a) That the spouses must have been legally married; (a) In a civil case instituted by one against the other, (b) That the privilege is claimed, with regard to communication, and oral or written, made during the marriage; (b) In asaid criminal case for a made crimeconfidentially; committedand by one (c) That communication was against the other. (d) That the action or proceedings where the privilege is claimed is not by one spouse against the other.

PRIVILEGED COMMUNICATION RULE B. Attorney-Client Privilege Rule Requisites: a) There must be a relation

PRIVILEGED COMMUNICATION RULE B. Attorney-Client Privilege Rule Requisites: a) There must be a relation of attorney and client, b) Communication by client to attorney, or advice given thereon by the latter to the former; and c) Communication or advice must have been made to the attorney in the course of or with a view to professional employment.

PRIVILEGED COMMUNICATION RULE C. Physician-Patient Privilege Rule Requisites: a) Persons The action in which

PRIVILEGED COMMUNICATION RULE C. Physician-Patient Privilege Rule Requisites: a) Persons The action in which the advice treatment Disqualified in or the Rule given or any Information is to be used is a civil case; person authorized toexisted practice medicine, b) a) The. Any relation of physician and patient between the person claiming the privilege or hisor legal representative and the physician; surgery, obstetrics c) b) The. Dentists advice or treatment given by him or any information was acquired by the physician while professionally attending the patient; d) c) The. Pharmacists information was necessary for the performance of his professional duty; and d) Nurses • The disclosure of the information would tend to blacken the reputation of the patient.

PRIVILEGED COMMUNICATION RULE D. Priest-Penitent Privilege Rule Requisites: a) The minister or priest must

PRIVILEGED COMMUNICATION RULE D. Priest-Penitent Privilege Rule Requisites: a) The minister or priest must be so according to the sect or denomination to which he belongs; b) the communication is made to him in his professional capacity or character; and c) it is made in the course of discipline enjoined by the rules or practices of his sect or denomination.

PRIVILEGED COMMUNICATION RULE E. Privileged Communication to Public Officer Requisites: a) The communication must

PRIVILEGED COMMUNICATION RULE E. Privileged Communication to Public Officer Requisites: a) The communication must have been made to a public officer; b) The communication was made in official confidence; and c) Public interest would suffer by the disclosure of the communication.

PRIVILEGED COMMUNICATION RULE F. Other Privilege Matters 1) Bank deposits, except: upon written permission

PRIVILEGED COMMUNICATION RULE F. Other Privilege Matters 1) Bank deposits, except: upon written permission of the depositor, in cases of impeachment, upon order of competent court in cases of bribery, dereliction of duty of public officials, in cases where the money deposited is the subject matter of litigation and, in cases of unexplained wealth. 2) Sources of information by newspaperman 3) Informers 4) Trade secrets

MARITAL DISQUALIFICATION RULE VS. MARITAL PRIVILEGE RULE Marital Disqualification 1. Prohibits adverse testimony Privileged

MARITAL DISQUALIFICATION RULE VS. MARITAL PRIVILEGE RULE Marital Disqualification 1. Prohibits adverse testimony Privileged Communication 1. Prohibits only as to knowledge obtained through confidence of the marital relation 2. Exists only when a party to the 2. Exists whether the husband or action is the husband or wife is a party to the action or not 3. Ceases upon the death of either spouse 3. Continues even after the termination of the marriage

TESTIMONIAL PRIVILEGE 2. Evidentiary –acknowledgement When 3. Judicial Admission – refers to an the

TESTIMONIAL PRIVILEGE 2. Evidentiary –acknowledgement When 3. Judicial Admission – refers to an the term of 1. Admission – is. Admission a voluntary some fact verbal or circumstance admission, or written, made by atoparty admission is used withoutwhich anytends qualifying establish the fact in meaning issueininthe a civil case in the course the proceedings same adjective, theofultimate customary is an or ofwhich the guilt of an accused. case, does not require proof. The evidentiary admission, that is, words in oral Form of Admission admissions may be contradicted only by or written form or conduct of a party or a 1) Judicial, in which case it is conclusive. showing that it was made through palpable representative offered in evidence against a 2) Extrajudicial, in which case it is rebuttable. mistake or that no such admission was made. party.

SEC. 26: ADMISSION OF A PARTY. 1. The act, declaration or omission of a

SEC. 26: ADMISSION OF A PARTY. 1. The act, declaration or omission of a party as to a relevant fact may be given in evidence against him. 2. Self-serving declarations, which are unsworn statements made by the declarant out of court and which are favorable to his interest are not admissible.

SEC. 27: OFFER OF COMPROMISE NOT ADMISSIBLE. Definition: 1. Compromise – an agreement made

SEC. 27: OFFER OF COMPROMISE NOT ADMISSIBLE. Definition: 1. Compromise – an agreement made between two or more parties as a settlement of matters in dispute. 2. Privies – denotes the idea of succession not only by right of heirship and testamentary legacy, but also that of succession by singular title, derived from acts inter vivos, as by assignment, subrogation or purchase – in fact any act whereby the successor is substituted in the place of the predecessor in interest.

SEC. 27: OFFER OF COMPROMISE NOT ADMISSIBLE. Compromise in Criminal Cases: In criminal cases,

SEC. 27: OFFER OF COMPROMISE NOT ADMISSIBLE. Compromise in Criminal Cases: In criminal cases, except those involving quasioffenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.

SEC. 27: OFFER OF COMPROMISE NOT ADMISSIBLE. Criminal Cases Where Compromise Allowed a. Violation

SEC. 27: OFFER OF COMPROMISE NOT ADMISSIBLE. Criminal Cases Where Compromise Allowed a. Violation of the NIRC (Tax Code) b. Quasi-offenses under Art. 365, RPC The Good Samaritan Rule: An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury.

(SEC. 28)THE RES INTER ALIOS ACTA RULE The rights of a party cannot be

(SEC. 28)THE RES INTER ALIOS ACTA RULE The rights of a party cannot be prejudiced by an act, declaration, or omission of another. It is based from the maxim “res inter alios acta alteri nocere non debet” (things done between strangers ought not to injure those who are not parties to it) It is well-settled that a party is not bound by any agreement of which he has no knowledge and to which he has not given his consent and that his rights cannot be prejudiced by the declaration, act or omission of another, except by virtue of a particular relation between them.

Exceptions (SEC. 28)THE RES INTER ALIOS ACTA RULE Admissions made: a. By a co-partner

Exceptions (SEC. 28)THE RES INTER ALIOS ACTA RULE Admissions made: a. By a co-partner or agent (Sec. 29) b. By a conspirator (Sec. 30) c. By privies (Sec. 31) d. By Silence (Sec. 32) Sections 29, 30 and 31 are collectively classified as vicarious admissions.

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by Co-Partner: a. The

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by Co-Partner: a. The partnership be previously proven by evidence other than the admission itself. b. The acts or declarations refer to a matter within the scope of his authority. c. The acts or declarations were made during the existence of the partnership.

(SEC. 28)THE RES INTER ALIOS ACTA RULE Principle of Conditional Admissibility: Inasmuch as it

(SEC. 28)THE RES INTER ALIOS ACTA RULE Principle of Conditional Admissibility: Inasmuch as it must often happen that the admission of only one partner can be proved at a time, declarations may be received where the existence of a partnership is alleged without proof of the partnership at that time. Here, as in other cases, the order of the testimony is within the discretion of the judge.

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by Agent: a. The

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by Agent: a. The agency be previously proved by evidence other than the admission itself. b. The admission refers to a matter within the scope of his authority. c. The admission was made during the existence of the agency.

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by Joint Owner, Joint

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by Joint Owner, Joint Debtor, or other Person Jointly Interested with the Party: c. The a. b. There actexists relates or declaration a tojoint the interest subject was made matter between of the joint owner, while the joint theinterest joint interest debtor for was otherwise subsisting. or other it would person be jointly interested and immaterial with irrelevant. the party and such party, which joint interest must first be made to appear by evidence other than the act or declaration itself.

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by coconspirator: a. The

(SEC. 28)THE RES INTER ALIOS ACTA RULE Requisites of Admission by coconspirator: a. The conspiracy be first proved be evidence other than the admission itself. b. The admission relates to the common object. c. It has been made while the declarant was engage

(SEC. 28)THE RES INTER ALIOS ACTA RULE Interlocking confessions: Principle The Principle of Adoption:

(SEC. 28)THE RES INTER ALIOS ACTA RULE Interlocking confessions: Principle The Principle of Adoption: of Implied Conspiracy: Conspiracy may be justified by circumstantial Where extrajudicial confessions had been Whereseveral one joins a conspiracy after its evidence, that is, persons their community of purpose and their made by several charged with the same offense formation and actively participates in it, he unity of design inpossibility the contemporaneous or simultaneous and without the of collusion among them, the adopts the previous acts and declarations of performance of the act are of in assaulting the identical deceased. fact that the statements all respects is his fellow conspirators, so that such acts and Although the intent may be classified as instantaneous, confirmatory of the confessions of the codefendants andit declarations, although oruniting made sprung from the against turn of events, thereby thebefore criminal are admissible other done persons implicated therein. design of the slayer before the inter commission of he the immediately are admissible This isjoined an exception toconspiracy the hearsay and res alios acta the offense. against him. rule.

(SEC. 28)THE RES INTER ALIOS ACTA RULE Extrajudicial confession is binding only against the

(SEC. 28)THE RES INTER ALIOS ACTA RULE Extrajudicial confession is binding only against the confessant, except: a. the are co-accused acquiesced or d. If they charged asimpliedly co-conspirators of the in crime said by not questioning its which was confessed by one of the accused andcosaid f. adopted Where the confession confessant testified for his truthfulness; confession is used only as a corroborating evidence; defendant; b. g. In cases of interlocking confession by e. Where the confession is used ascorroborated circumstantial Where the co-conspirator’s extrajudicial other evidence; evidence to show the probability participation by the confession is corroborated by of otherevidence. coconspirators; c. Where the accused admitted the facts stated by the confessant after being apprised of such confession;

(SEC. 28)THE RES INTER ALIOS ACTA RULE Admission by Privies: Silence. one derives to

(SEC. 28)THE RES INTER ALIOS ACTA RULE Admission by Privies: Silence. one derives to property Basis: Where The maxim Qui title tacet consentire from another, declaration, or to videtur (he whotheisact, silent appears omission of the latter, holdingthat thethe consent) is received on while theory title, in relation to the property, is failure to deny what is asserted in the evidence against the former. presence of a party is an implied admission of the truth of the statement.

(SEC. 28)THE RES INTER ALIOS ACTA RULE Admission by Silence. Requisites: 1) Hearing and

(SEC. 28)THE RES INTER ALIOS ACTA RULE Admission by Silence. Requisites: 1) Hearing and understanding of the statement by the party, 2) Opportunity and necessity of denying the statements, 3) Statement must refer to a matter affecting his right or interest, 4) Facts were within his knowledge, and 5) Facts admitted or the inference to be drawn from his silence would be material to the issue.

PREVIOUS CONDUCT AS EVIDENCE SEC. 34: SIMILAR ACTS AS EVIDENCE. 1. Evidence that one

PREVIOUS CONDUCT AS EVIDENCE SEC. 34: SIMILAR ACTS AS EVIDENCE. 1. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time. It is well-settled that evidence is not admissible which shows, or tends to show, that the accused in a criminal case has committed a crime wholly independent from the offense for which he is on trial. A man may be a notorious criminal, and may have committed many crimes and still be innocent of the crime charged on trial.