SOLIS INSTITUTE OF TECHNOLOGY, INC.
1st semester A.Y. 2025-2026
SYLLABUS IN EVIDENCE
COURSE CODE : CLJ 5
COURSE TITLE : Evidence
COURSE UNIT : 3 units
COURSE OBJECTIVE:
The primary goal of this course is to ensure that students develop a solid, practical understanding
of the Rules of Evidence and the pertinent special evidence laws. To truly grasp these rules, it’s
essential to explore the policies behind them, as well as the underlying rationale and the issues
they address. The course is structured to demonstrate how these rules operate in real-world
litigation, providing a firsthand sense of their impact and application.
COURSE CONTENT
Rule 128 - Section 1-2
Basic Principles
Purpose of Evidence
When evidence is required; when not required
Application of the Rules in Electronic Evidence
Evidence in civil cases v. Evidence in criminal cases
Distinction between proof and evidence
Factum probans v. factum probandum
Corpus delicti
Interpretation of the Rules of Evidence
Absence of a vested right in the Rules of Evidence
Rule 128 - Sections 3 & 4
Admissibility of Evidence and its Relevancy
Two elements of admissibility
Relevant Evidence
Test for determining the relevancy of evidence
Collateral matters
Admissible evidence v. credible evidence; admissibility of evidence and probative
value
What is competent evidence?
Competence of electronic evidence
Admissibility and weight of evidence
-multiple admissibility
-conditional admissibility
-curative admissibility
Direct evidence v. circumstantial evidence
Cumulative evidence v. corroborative evidence
Positive evidence v. negative evidence
Inadmissible evidence on arrests, searches, and seizures cases
Miscellaneous Doctrines
Falsus in uno, falsus in omnibus
Alibi
Frame-up
Delay and initial reluctance in reporting a crime
Flight or non-flight of the accused
Recantation
Cases:
1) Jeselva v. People, GR No. 187725, 19 January 2011
2) Cometa v. Court of Appeals, GR No. 124062, 29 December 1999
3) Hernandez v. Court of Appeals, GR No. 104874, 14 December 1993
4) Dizon v. CTA, GR No. 140944, 30 April 2008
5) Garcillano v. House of Rep., et. al., GR No. 170338, 23 December 2008
6) Lejano v. People, GR No. 176389, 14 December 2010
7) Land Bank of the Phil. v. Wycoco, GR No. 140160, 13 January 2004
8) People v. Lauga, GR No. 186228, 15 March 2010
9) PLDT v. CIR, GR No. 157264, 31 January 2008
10) Silkair Singapore v. CIR, GR No. 184398, 25 February 2010
Rule 129 – Sections 1-4
Judicial Notice
Mandatory Judicial Notice
Discretionary Judicial Notice
Judicial Admissions
Judicial Admission (pre-trial and trial stages)
Consequences
Admissions v. confessions
Cases:
1) People v. Hermanes, GR No. 139416, 12 March 2002
2) Arthur Lim & Ersando v. Hon. Exec. Secretary et. al., GR No. 151445, 11 April 2002
3) Asian Terminals Inc. v. Malayan Insurance Co., GR No. 171406, 4 April 2011
4) B.E. San Diego, Inc. v. CA, GR No. 159230, 18 October 2010
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5) Expert Travel & Tours Inc. v. CA, GR No. 152392, 26 May 2005
6) Land Bank v. Wycoco, GR No. 140160, 13 January 2004
7) Land Bank v. Sps. Banal, GR No. 143276, 20 July 2004
8) Metropolitan Bank and Trust Co. v. Sps. Miranda, GR No. 187917, 19 January 2011
9) New Sun Valley Homeowner’s Assoc. Inc. v. Sangguniang Baranggay et. al., GR No.
156686, 27 July 2011
10) PCGG v. Sandiganbayan, GR No. 157592, 17 October 2008
Rule 130 – Section 1
Object/Real Evidence
Requisites for Admissibility of Object Evidence
Object evidence and the right against self-incrimination
Categories of Object Evidence
Demonstrative Evidence
Ephemeral Electronic Communication
Court’s viewing or ocular inspection/Venue for Object Evidence
Rules on DNA Evidence
Rule 130 – Section 2
Documentary Evidence
Theory of indivisibility of the document
Rules on Electronic Evidence
Rule 130- Sections 3-8
Best Evidence Rule
Application
Exceptions (Secondary Evidence)
Rule 130 – Section 9
Parol Evidence Rule
Application
Best evidence rule v. parol evidence rule
Where parol evidence is not applicable
Exceptions to parol evidence rule
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Waiver of parol evidence
Rule 130 – Sections 10-19
Cases:
1) Aznar v. Citibank N.A. GR No. 164273, 28 March 2007
2) Cabugao v. People, GR No. 158033, 30 July 2004
3) Citibank NA Mastercard v. Teodoro, GR No. 150905, 23 September 2003
4) Cruz v. CA, et. al., GR No. 79962, 10 December 1990
5) Cuevas v. Munoz, GR No. 140520, 18 December 2000
6) Dick Go v. CA, GR No. 112550, 5 February 2001
7) Edsa Shangrila Hotel et. al., BF Corporation, GR No. 145842, 27 June 2008
8) Flora, et. al., v. Roberto, et. al., GR No. 156879, 20 January 2004
9) Garcia Vda. De Chua v. CA, et. al., GR No. 116835, 5 March 1998
10) Heirs of Sabanpan, et. al., v. Comorposa, GR No. 152807, 12 August 2003
Rule 130 – Section 20
Testimonial or Oral Evidence
Nature
Qualifications of a witness
Competency v. credibility of a witness
Rule 130 – Section 21
Disqualification by reason of immaturity
Rule on Examination of a Child Witness (A.M. No. 004-07-SC, December 15,
2000)
Rule 130 – Section 22
Disqualification by reason of marriage (Spousal Immunity)
Application
Exceptions
Testimony where spouse is accused with others
Testimony by the estranged spouse
Rule 130 – Section 23
Disqualification by reason of death or insanity of adverse party (Dead Man’s Statute)
Application
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Rule 130 – Section 24
Disqualification by reason of privileged communication
Marital disqualification rule v. marital privileged communication rule
Attorney-Client Privilege and its waiver
Physician-patient privilege and its waiver
Priest/minister-penitent privilege
Public Officers
Privilege communications under the Rules on Electronic Evidence
Rule 130 – Section 25
Parental and filial privilege
See Article 215 of the Family Code of the Philippines
Rule 130 – Sections 26-35
Admissions and Confessions (Read Peralta, Jr., pp. 225-268)
Rule 130 – Section 36
Hearsay Evidence
Rationale for excluding hearsay evidence
Application
Requisites
Doctrine of Indendently Relevant Statements
Rule 130 – Sections 37-47
Exceptions to the Hearsay Rule (See Peralta, Jr., pp. 280-315)
Dying Declaration
- Elements
- Rationale
- Impeachment
Declaration against interest
- Elements
- Rationale
Act or declaration about pedigree
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Family reputation or tradition regarding pedigree
Common reputation
Parts of the res gestae
- Application
- Rationale
- Elements
Business entries
Public/Official Records
Commercial lists
Learned treatises
Reported testimony rule
Rule 130 – Sections 48-50
Opinion Rule
Admissibility of opinion evidence
Expert evidence
Rule 130 – Section 51
Character Evidence
Cases:
1. People v. Rullepa y Guinto, G.R. No. 131516, March 5, 2003
2. Bank of the Philippine Islands v. Reyes, G.R. No. 157177, February 11, 2008
3. Ricalde v. People, G.R. No. 211002, January 21, 2015
4. Maliksi v. Commission on Elections, G.R. No. 203302, March 12, 2013
5. Capital Shoes Factory, Ltd. v. Traveler Kids, Inc., G.R. No. 200065, September
24, 2014
6. Dantis v. Maghinang, Jr., G.R. No. 191696, April 10, 2013
7. Bayani Magdayao v. People, G.R. No. 152881, August 17, 2004
8. Bunagan-Bansig v. Celera, A.C. No. 5581, January 14, 2014
9. Eagleridge Development Corp. v. Cameron Granville 3 Asset Management,
Inc., G.R. No. 204700 (Resolution), November 24, 2014
10. Multinational Village Homeowners Association Inc. v. Ara Security &
Surveillance Agency, G.R. No. 154852, October 21, 2004
11. Security Bank Corp. v. Court of Appeals, G.R. No. 141733, February 8, 2007
12. De los Santos v. Vibar, G.R. No. 150931, July 16, 2008
13. Horrigan v. Troika Commercial Inc., G.R. No. 148411, November 29, 2005
14. Armed Forces of the Philippines Retirement and Separation Benefits System v.
Republic, G.R. No. 188956, March 20, 2013
15. People v. Esugon y Avila, G.R. No. 195244, June 22, 2015
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16. Alvarez v. Ramirez, G.R. No. 143439, October 14, 2005
17. Fitzsimmons v. Atlantic, Gulf & Pacific Co. of Manila, G.R. No. L-2016,
August 23, 1949
18. Eagleridge Development Corp. v. Cameron Granville 3 Asset Management,
Inc., G.R. No. 204700 (Resolution), November 24, 2014
19. Lacurom v. Jacoba, A.C. No. 5921, March 10, 2006
20. People v. Omictin y Singco, G.R. No. 188130, July 26, 2010
Note: I will be announce shortly the cases for the following provisions:
Rule 131 – Section 1
Nature
Test for determining where burden of proof lies
Where burden of proof is fixed
Onus Probandi and quantum of evidence (See Peralta, Jr., pp. 343-355)
- The plaintiff
- The defendant
- The prosecution
Burden of proof v. burden of evidence
Equipoise rule or equiponderance doctrine
Rule 131 – Section 2
Conclusive presumption
Kinds of presumptions
Estoppels
Landlord-tenant relation
Rule 131 – Section 3
Rule 132 – Sections 1-40
See Riano, pp. 308-335
Importance of offer of evidence ( See Peralta, Jr., pp. 484-510)
- How an offer of evidence is made
- General and specific objections
- Formal and substantive objections
- Belated objections/waiver
- Tenor of objection
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Rule 133
REFERENCES: Evidence (The Bar Lectures Series) by William B. Riano (2022) and Rules
of Court.
GRADING POLICIES: Periodic Grade = Class Standing (60%), Major Exam (40%)
Final Grade = Prelim Grade + Midterm Grade +Prefinal+ Final Grade
(divided by 4)
COURSE Attendance Recitation REQUIREMENTS:
Assignment Quizzes
Case Digests Major Exams
Prepared by: Approved by:
Larra S. Dejumo, LPT Dr. Manilyn Barreda
Instructor Dean of Criminology
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