Rule 131 To 132 AN
Rule 131 To 132 AN
Rule 131 To 132 AN
(Sir) Rule 132 is trial technique; it deals with the rules and Q: Is the CTA allowed to accept evidence and hear the
the procedure for hearings. testimonies of the witnesses?
A: Yes (i.e. Manny Pacquiao’s tax evasion case)
A. Examination of Witnesses
Note: Any case involving the question of taxes levied upon
by the BIR and BOC, and the amount is 1M and above
Sec. 1 Examination to be done in open court
cannot be taken by ordinary courts, they are under the
jurisdiction of the CTA.
The examination of witness presented in a trial or hearing
shall be done in open court, and under oath or Q: How should answers/testimonies be given?
affirmation. Unless the witness is incapacitated to speak, A:
or the question calls for a different mode of answer, the GR: It is usually given orally in open court
answers of the witness shall be given orally. XPN:
1. If the question calls for a different mode of
Q: How is the examination of a witness done? answer (i.e. demonstration)
A: The examination of a witness shall be done in open 2. When the testimonies of witnesses may be given
court, and under oath or affirmation in affidavits under the Rules on Summary
Procedure (civil cases)
Q: When is a court considered open? 3. Depositions
A: A court formally opened and engaged in the
transaction of judicial affairs, to which all persons who Q: Why open court?
conduct themselves in an orderly manner are admitted A: To enable the court to judge the credibility of the
witness by his manner of testifying, demeanor, their
Q: Is arraignment part of the trial? intelligence and their appearance.
A: Technically arraignment is not part of the trial,
because when we speak of trial it presupposes the Q: Why should the testimony be given under oath or
presentation of evidence but, for our purposes under affirmation?
Section 1, arraignment is part of the trial A: Because once a witness tells a lie, he will be charged
with perjury or false testimony under civil and/or
Q: Who is considered to be a witness? criminal cases
A: A witness is someone who testify before a judicial
tribunal, quasi-judicial, administrative proceeding under Q: The rule says testimonies should be given orally; can
oath or affirmation before an open court. the answers of testimonies of witnesses be in the form
Q: Direct examination question on a hostile witness. Q: What do you mean by “general reputation for truth,
The question is, “even though you knew you were honesty, or integrity is bad?”
driving at the right side of the road, you still stopped A: It means that this witness has a bad reputation for lack
your vehicle.” Objection: leading and question calls for of veracity
a conclusion. Rule
A: The question is no longer objectionable since: (a) a Note: Evidence of General Immorality, Bad
hostile witness can be asked leading questions and (b) Character, Particular Wrongful Act, and Particular
the question no longer calls for a conclusion; you are Crime is not allowed
merely stating a fact.
Q: Can you impeach a witness under the second mode
Q: “State whether the defendant passed through a red on the ground of lack of morality (evidence of bad
light in the intersection” – is the question character)?
objectionable? A:
A: Yes, on the ground of leading. – The question may be GR: No, this is not allowed
rephrased as follows: “What was the color of the traffic XPN:
light when you passed through the intersection?” 1. If the person on the witness stand is the accused
himself and you ask him about his record of prior
Sec. 11 Impeachment of adverse party's witness conviction
2. If what you’re going to ask the COC of the Judge
A witness may be impeached by the party against whom who convicted him is about the person’s record
he was called, by contradictory evidence, by evidence of prior conviction (the competent person)
that his general reputation for truth, honestly, or
integrity is bad, or by evidence that he has made at other Q: What is not allowed evidence of Bad Reputation vs.
times statements inconsistent with his present, Bad Character?
testimony, but not by evidence of particular wrongful A: Bad Character
acts, except that it may be shown by the examination of
the witness, or the record of the judgment, that he has Q: Impeachment of the reputation of an ordinary
been convicted of an offense. witness vs. Impeachment of the reputation of an
Accused Witness
Q: What is impeachment? A: For an Ordinary Witness, what is important is his
A: It is the destruction of the testimony of a witness reputation at the time that he is called to testify. For an
Accused Witness, it is as to his reputation when he
Q: What is the purpose of impeachment? committed the crime
A: To prove to the court that the witness’ testimony is
unworthy of belief Q: Two kinds of prior inconsistent statement?
A:
Q: What are the 4 modes of impeachment? a. Oral
A: b. Written
1. Contradictory Evidence
2. Evidence that his general reputation for truth, Q: How do you impeach a witness on the ground of prior
honesty, or integrity is bad inconsistent statement?
3. Prior Inconsistent Statement A:
4. Record of Prior Conviction a. Written Inconsistent Statement (S-R-A)
i. Show the sworn statement
Q: How are you going to impeach by contradictory ii. Read the statement
evidence? iii. Ask the witness of the contents of the
A: To present evidence that will contradict prior evidence document – make him admit the contents of
presented by your adversary (indirect impeachment – if the document (if he denies, charge him with
A is telling the truth, B is telling a lie; and vice versa); it
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababbad
perjury; if he admits, there is now an called by the adverse party, except by evidence of his bad
inconsistent statement) character. He may also be impeached and cross-
Note: If the witness refuses to answer, make examined by the adverse party, but such cross-
a manifestation of his refusal to answer examination must only be on the subject matter of his
b. Oral Inconsistent Statement (M-C-U) examination-in-chief.
i. Ask the witness if he Made such statement
ii. Ask him about the Contents Q: Sec. 11 talks of Bad Reputation – Sec. 12 talks of Bad
iii. Understand – did the witness understand Character. Is there a difference between their
about the inconsistency applications?
A: None.
Note: You cannot contradict by a prior inconsistent
statement if the issue is a collateral matter – you can Q: Can a party impeach his own witness?
only contradict on issues that are material or A: No.
germane to the main case. You now object on the
ground of improper impeachment. But if the case is Q: What is the effect on the party of the testimony of a
perjury, any PIS showing dishonesty may be used witness who was not declared hostile but testified
since in perjury, you are to prove the dishonesty of adversely on your claim?
the witness. A: It is binding on the party who presented that witness.
Q: Plaintiff vs. Defendant (Recovery of Parcel of Land). Q: When can one be considered an unwilling or a hostile
Plaintiff presented W who said that the real owner of witness?
the land is the plaintiff. Can the defendant, through Y, A: A witness may be considered as unwilling or hostile
present evidence that the reputation of W is bad? only if so declared by the court upon adequate showing
A: Yes. of his adverse interest, unjustified reluctance to testify,
or his having misled the party into calling him to the
Q: Plaintiff vs. Defendant (Recovery of Parcel of Land). witness stand.
Plaintiff presented W who said that the real owner of
the land is the plaintiff. Can the defendant, through Y, Q: Can a party call his opponent as his own witness?
present evidence that the bad character of W? A: Yes (because you can now ask leading questions)
A: No.
Q: Plaintiff vs. Defendant (Damages arising on Vehicular
Q: Plaintiff vs. Defendant (Recovery of Parcel of Land). Accident). P presented W who is supposed to testify
Plaintiff presented W who said that the real owner of that the P is not negligent on the accident BUT W went
the land is the defendant (hostile witness). The court against the P and said that D is not the one driving the
declared W a hostile witness. Can Y present evidence of car; the lawyer of P did not declare W a hostile witness.
the bad reputation of W? Can Y present evidence of the P presented another witness, Y, who testified that (1)
bad character of W? the real one driving the car is D, contrary to what W said
A: As to bad reputation, Yes; as to bad character, No. that D is not the one driving. Y said that (2) W has a bad
reputation, that he is a liar. Y went further and told the
Sec. 12 Party may not impeach his own witness judge that (3) prior to testifying, W whispered to him
that D is the one driving the car. All of Y’s testimony is
Except with respect to witnesses referred to in objected to, rule on the objection.
paragraphs (d) and (e) of Section 10, the party producing A: Sustained. A Party may not impeach his own witness.
a witness is not allowed to impeach his credibility.
A witness may be considered as unwilling or hostile Q: On the above problem, W was declared a hostile
only if so declared by the court upon adequate showing witness; Rule on the objections.
of his adverse interest, unjustified reluctance to testify, or A: Overruled. As an exception to Sec. 12, a party may
his having misled the party into calling him to the witness impeach his witness if such has become a hostile witness.
stand.
The unwilling or hostile witness so declared, or the Q: In the above problems, what if Y is the witness of the
witness who is an adverse party, may be impeached by defendant; can he testify against the statements of W?
the party presenting him in all respects as if he had been
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababbad
A: Yes (Sec. 11 – Impeachment of Adverse Party’s that he may not hear the testimony of other witnesses.
Statement) The judge may also cause witnesses to be kept separate
and to be prevented from conversing with one another
Sec. 13 How witness impeached by evidence of until all shall have been examined.
inconsistent statements
Q: What is the reason for the rule?
Before a witness can be impeached by evidence that he A: To avoid influencing the testimony of the witness
has made at other times statements inconsistent with his
present testimony, the statements must be related to Q: Is there a difference between exclusion from other
him, with the circumstances of the times and places and witness from exclusion from the public?
the persons present, and he must be asked whether he A: If there is somebody testifying in the witness stand,
made such statements, and if so, allowed to explain the next possible witness can be excluded and separated
them. If the statements be in writing they must be shown from the public.
to the witness before any question is put to him
concerning them. Q: P vs. D. The plaintiff’s witness are X, Y and P (plaintiff
himself). X is now testifying, the counsel for the
Sec. 14 Evidence of good character of witness defendant moved to exclude Y and P on the ground that
they are the next witnesses, can they be both sent out
of the court?
Evidence of the good character of a witness is not
A: Only Y may be excluded and not P (the plaintiff) due
admissible until such character has been impeached.
to his Constitutional right to be present at every stages
of the proceeding and the right to hear the accusations
Q: What is the reason for the rule?
against him because the Constitution is supreme over
A: The law presumes every person to be reputedly
the Rules of Court.
truthful until the evidence shall be produced to the
contrary
Sec. 16 When witness may refer to memorandum
Q: Sec. 14, Rule 132 vs. Sec. 51, Rule 130
A: A witness may be allowed to refresh his memory
a. Sec. 14, Rule 132 – the witness whose character respecting a fact, by anything written or recorded by
is involved is not a party to the case himself or under his direction at the time when the fact
b. Sec. 51, Rule 130 – the witness whose character occurred, or immediately thereafter, or at any other time
is involved is a party to the case when the fact was fresh in his memory and knew that the
same was correctly written or recorded; but in such case
Q: P is claiming insurance proceeds for his burned the writing or record must be produced and may be
house. D does not want to pay on the ground that P’s inspected by the adverse party, who may, if he chooses,
son deliberately burned the house. The Son testified cross examine the witness upon it, and may read it in
that he did not do such. P testified to prove the good evidence. So, also, a witness may testify from such
character of his son; D objected on the ground that P writing or record, though he retain no recollection of the
can’t do such, Rule. particular facts, if he is able to swear that the writing or
A: Sustained. There is yet an impeachment of P’s Sons record correctly stated the transaction when made; but
Character. such evidence must be received with caution.
Q: In the above problem, what if D testified that P’s Son Q: What are the 2 parts of Section 16?
has a bad reputation? Can P now prove to the Judge his A:
son’s good character? 1. Present Recollection Revived – A witness may be
A: Yes. The Sons reputation is now being impeached. allowed to refresh his memory respecting a fact,
by anything written or recorded by himself or
Sec. 15 Exclusion and separation of witnesses under his direction at the time when the fact
occurred, or immediately thereafter, or at any
other time when the fact was fresh in his
On any trial or hearing, the judge may exclude from the
memory and knew that the same was correctly
court any witness not at the time under examination, so
written or recorded; in here, the evidence is the
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababbad
testimony – the writing being a mere memory
aid Q: Does the word “part” include 2 separate documents
Note: The evidence is still testimonial in but forming one document, but not in a series of
character. The memorandum will not be pagination?
considered as documentary evidence A: Yes, it is a part of the whole or totality of the pages,
2. Past Recollection Recorded – A witness may transaction, declaration, etc.
testify from such writing or record, though he
retain no recollection of the particular facts, if Sec. 18 Right to inspect writing shown to witness
he is able to swear that the writing or record
correctly stated the transaction when made; in Whenever a writing is shown to a witness, it may be
here, the evidence is the writing itself, having inspected by the adverse party.
been attested to as correct by the witness
Note: Since there is a complete loss of Q: Relate Sec. 8, Rule 130 (Party who calls for Document
recollection or memory on the part of the not bound to offer it) to Sec. 18, Rule 132 (Right to
witness, then it is the memorandum itself that inspect writing shown to witness)
will serve as evidence. It will now be considered A: Whenever a writing is shown before the court, the
as documentary evidence. adverse party may examine that writing. But the person
who called for the production of that document is not
Q: What is admissible between the two parts? obliged to present it in evidence.
A: Only the Past Recollection Recorded
Q: What is the purpose?
Q: Why is it that Present Recollection inadmissible and A: To be able to inspect if it is genuine.
the past recollection recorded admissible?
A: In the Present Recollection Recorded, the character of B. Authentication and Proof of Documents
the evidence is still testimonial – the memorandum or
notes is inadmissible because that memorandum cannot Sec. 19 Classes of Documents
corroborate the testimony of the witness who prepared
that memorandum. In the Past Recollection Revived, it is
For the purpose of their presentation evidence,
admissible since in here, it is the memorandum itself
documents are either public or private.
which serves as evidence – it is now considered as
Public documents are:
documentary evidence.
(a) The written official acts, or records of the official
acts of the sovereign authority, official bodies and
Q: With respect to the time frame when the
tribunals, and public officers, whether of the
memorandum was made, what is the difference?
Philippines, or of a foreign country;
A: In Present Recollection Revived, the note is made at
(b) Documents acknowledge before a notary public
the time when the fact occurred, or immediately
except last wills and testaments; and
thereafter, or at any other time. On the other hand, the
(c) Public records, kept in the Philippines, of private
Past Recollection Recorded, the time frame is
documents required by law to the entered therein.
immaterial.
All other writings are private.
Q: What is a document?
Sec. 17 When part of transaction, writing or record A: A document is any deed, instrument, or any duly
given in evidence, the remainder, the remainder authorized paper by which something is proved,
admissible evidenced or set forth.
When part of an act, declaration, conversation, writing Q: What do you mean by documentary evidence?
or record is given in evidence by one party, the whole of A: It consists of writings or any material containing
the same subject may be inquired into by the other, and letters, words, numbers, figures, symbols or other modes
when a detached act, declaration, conversation, writing of written expressions offered as proof of their contents.
or record is given in evidence, any other act, declaration,
conversation, writing or record necessary to its Q: What are the classes of documents?
understanding may also be given in evidence.
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababbad
A: Public and Private Documents b. Private – you need to prove its due
execution and authenticity, before it may be
Q: Under the RPC, how many classes of documents are received in evidence
there? What are they?
A: 2. As to persons bound
1. Official a. Public – evidence even against 3rd persons,
2. Public of the fact which gave rise to its due
3. Commercial execution and to the date of the document
4. Private b. Private – binds only the parties who
executed it or their
Q: What is the importance of distinguishing public from
private documents? Q: Is an SPA executed abroad acknowledged before a
A: For the purpose of their presentation in evidence notary public abroad admissible in evidence as public
documents in our courts?
Q: What are Public Documents? A: Yes (Sec. 19 (a))
A: Any document issued by an officer made in
accordance with law; Documents issued with the Note: Any foreign document to be admissible in our
solemnities required by law courts must have a “red ribbon”
Q: What are the classes of Public documents? Q: What is the evidentiary value of public documents?
A: A: It must be sustained in the absence of strong,
(a) The written official acts, or records of the official complete proof of its nullity or falsity. It means that mere
acts of the sovereign authority, official bodies presentation thereof is prima facie evidence of the facts
and tribunals, and public officers, whether of the therein stated.
Philippines, or of a foreign country;
(b) Documents acknowledge before a notary public Sec. 20 Proof of private document
except last wills and testaments; and
(c) Public records, kept in the Philippines, of private Before any private document offered as authentic is
documents required by law to the entered received in evidence, its due execution and authenticity
therein. must be proved either:
(a) By anyone who saw the document executed or
Q: Is a last will and testament a public document? written; or
A: No, because under the law on Succession, wills, even (b) By evidence of the genuineness of the signature
though notarized, their due execution and authenticity or handwriting of the maker.
should still be proved by the 3 witnesses Any other private document need only be identified as
that which it is claimed to be.
Q: What do you mean by due execution?
A: Nothing more than that the instrument is not Note: Sec. 21-23 are the rules on the authentication and
spurious, counterfeit or of a different import on its face proof of private documents
from the one executed
Q: What are private documents? Q: How do you prove the due execution and
A: Any deed or instrument, by which something is authenticity of a private document?
proved, evidenced or set forth. A:
(a) By anyone who saw the document executed or
Q: How would you compare a public document from a written; or
private document? (b) By evidence of the genuineness of the signature
A: or handwriting of the maker.
1. As to authenticity
a. Public – no need to present proof of its due Q: How are you going to prove or establish the
execution and authenticity, before it may be genuineness of the signature of the maker? (Sec. 22)
received in evidence A:
a. By anyone who saw
Ampuan, Kevin John DL.
2014-0230
*based on the lectures of Atty. Lionell Macababbad
b. Testimony of a witness purporting to show that the The handwriting of a person may be proved by any
signature is the signature of the maker witness who believes it to be the handwriting of such
c. By the comparison of the handwriting of the person because he has seen the person write, or has seen
witness by the court writing purporting to be his upon which the witness has
d. By Expert Witness acted or been charged, and has thus acquired knowledge
of the handwriting of such person. Evidence respecting
Q: What are the self-authenticating documents? the handwriting may also be given by a comparison,
A: made by the witness or the court, with writings admitted
1. Public Documents or treated as genuine by the party against whom the
2. Ancient Documents (Sec. 21, Rule 132) evidence is offered, or proved to be genuine to the
3. Notarized Documents satisfaction of the judge.
4. Documents whose authenticity has been admitted
under the Rules on Actionable Documents (Rule 8, Sec. 23 Public documents as evidence
Section 8) – if you fail to verify your answer,
anything attached to the document is deemed Documents consisting of entries in public records made in
admitted the performance of a duty by a public officer are prima
5. Reply to the Letter Rule – confirmation made the facie evidence of the facts therein stated. All other public
counsel that demand letter has been received documents are evidence, even against a third person, of
the fact which gave rise to their execution and of the date
Q: How will you temporarily have a photocopied of the latter.
document temporarily marked?
A: You say, “Your Honor, may I move that this document Q: Between a public document and a bare allegation,
be temporarily marked.” Then the next hearing, you now which shall prevail?
ask the court to transfer the mark to the original A: Public Document
document.
Sec. 24 Proof of official record
Sec. 21 When evidence of authenticity of private
document not necessary The record of public documents referred to in paragraph
(a) of Section 19, when admissible for any purpose, may
Where a private document is more than thirty years old, be evidenced by an official publication thereof or by a
is produced from the custody in which it would naturally copy attested by the officer having the legal custody of
be found if genuine, and is unblemished by any the record, or by his deputy, and accompanied, if the
alterations or circumstances of suspicion, no other record is not kept in the Philippines, with a certificate that
evidence of its authenticity need be given. such officer has the custody. If the office in which the
record is kept is in foreign country, the certificate may be
Q: Do ancient documents cover public documents? How made by a secretary of the embassy or legation, consul
about Private Documents? general, consul, vice consul, or consular agent or by any
A: Private Documents officer in the foreign service of the Philippines stationed
in the foreign country in which the record is kept, and
authenticated by the seal of his office.
Q: What is an Ancient Document? Q: Does Section 24 cover both local and foreign official
A: Documents which have been in existence for 30 years records?
or more. A: Yes.
Q: What is the reason why an ancient document need Q: How can you prove official records?
not be proved of its due execution and authenticity? A:
A: Because of the difficulty of getting witnesses to testify a. Local Official Records
as to the due execution of the document. 1. By Official Copy
2. By Official Publication
Sec. 22 How genuineness of handwriting proved 3. By Certified True Copy
b. Foreign Official Records
Sec. 29 How judicial record impeached Q: If you are the presenter of the altered document,
what are you supposed to do in order for it to be
Any judicial record may be impeached by evidence of: (a) admissible in evidence?
want of jurisdiction in the court or judicial officer, (b) A: He may show that:
collusion between the parties, or (c) fraud in the party 1. The alteration was made by another, without his
offering the record, in respect to the proceedings. concurrence, or
2. The alteration was made with the consent of the
Q: How are judicial records impeached? parties affected by it, or
A: By evidence of: 3. The alteration was properly or innocently made,
(a) Want of jurisdiction in the court or judicial officer or
(b) Collusion between the parties 4. The alteration did not change the meaning or
(c) Fraud in the party offering the record, in respect language of the instrument.
to the proceedings.
Sec. 32 Seal
Sec. 30 Proof of notarial documents
There shall be no difference between sealed and unsealed
Every instrument duly acknowledged or proved and private documents insofar as their admissibility as
certified as provided by law, may be presented in evidence is concerned.
evidence without further proof, the certificate of
acknowledgment being prima facie evidence of the Q: Do you still need to prove the due execution and
execution of the instrument or document involved. authenticity of a Sealed Private Document?
A: Yes, for it still remains a Private Document
Q: Why are documents notarized by the Notary Public
given the statues of a public document? Q; How do you prove the due execution and
A: Because Notary Publics, as officers of the law, are authenticity of a Private Document?
given a certain degree of respect and a certain degree of A: By asking these two questions:
confidence 1. What is your evidence? ( a general question to
prove due execution and authenticity of a
Sec. 31 Alteration in document, how to explain Private Document)
2. Whose signature is this? (Proving due execution)
How did you know whose signature this is?
The party producing a document as genuine which has
(Proving Authenticity)
been altered and appears to have been altered after its
execution, in a part material to the question in dispute,
must account for the alteration. He may show that the Sec. 33 Documentary evidence in an unofficial
alteration was made by another, without his language
concurrence, or was made with the consent of the parties
affected by it, or was otherwise properly or innocent Documents written in an unofficial language shall not be
made, or that the alteration did not change the meaning admitted as evidence, unless accompanied with a
or language of the instrument. If he fails to do that, the translation into English or Filipino. To avoid interruption
document shall not be admissible in evidence. of proceedings, parties or their attorneys are directed to
have such translation prepared before trial.
Q: What to do when your adversary presented an
altered document? Q: What if X killed Y. X admitted guilt in a Cebuano
dialect, is his admission admissible in evidence?