EVIDENCE

PRELIM COVERAGE
 RULE 128
GENERAL PROVISIONS
Section 1. Evidence defined. – Evidence is the means,
sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact.
“Sanctioned by these Rules”

Evidence is the means allowed by the Rules of Court.

However, it is not the sole source of rules and principles relating to
evidence. Others can be found in substantive law and other
Philippine adjective law.
“in a judicial proceeding”

As a general rule, when the proceedings are administrative or

quasi-judicial, the rules of evidence are not strictly followed.
E.g. Labor Cases – liberality is applied
Evidence in Civil and Criminal cases
CIVIL CASES CRIMINAL CASES
Party having the burden of proof must Guilt of the accused has to be proven
prove his claim by preponderance of beyond reasonable doubt
evidence
Offer of compromise is not an admission An offer of compromise by the accused
of any liability and is not admissible in may be received in evidence as an
evidence against the offeror implied admission of guilt
Presumption of innocence does not The accused enjoys the presumption of
apply innocence under the Constitution

No confession in civil cases The concept of confession is applicable

OBJECT OF EVIDENCE

> To establish the truth by the use of perceptive and reasoning

faculties

A MATTER OF FACT
> The rules on evidence apply when there is a question of fact. If it is
a pure question of law, apply the law on the given set of facts.

Question of Fact Question of Law

>when doubt or differences >where the doubt or
arises as to the truth or difference arises as to what the
falsehood of the alleged facts law is on a certain state of facts
> Apply the law on Evidence > Apply the law involved
Why is Evidence required?

PROOF EVIDENCE

These terms are often used interchangeably.

The effect when the requisite quantum The mode and manner of proving
of evidence of a particular fact has competent facts in judicial
been admitted and given weight. proceedings.
The probative effect of evidence. The means of proof.
CLASSES OF EVIDENCE
I. AS TO THE FORM OF EVIDENCE
A. Object or Real Evidence
> those addressed to the senses of the Court. They are exhibited to, examined, or viewed by
the Court.

B. Documentary Evidence
> consists of writing or any material containing letters, words, numbers, figures, symbols, or
other modes of written expression offered as proof of their contents

*Proposition: A document is not necessarily a paper and a paper can be treated as an object.
(You may read on “The last Will and Testament of Cecil George Harris”)

C. Testimonial Evidence
> oral or written assertions offered in court as proof of the truth of what is being stated, for as
long as the witness whose testimony is offered can perceive, and in perceiving, can make
kniwn his perception to others.
C. Demonstrative Evidence
> evidence in the form of objects (such as maps, diagrams, or models) that have in
themselves no probative value. They are used to broadly illustrate and clarify the
factual matter at issue.
HIERARCHY OF EVIDENCE
Based on jurisprudence, the hierarchy among these types of evidence is as
follows:
1. Object Evidence, which is evidence of the highest order as it is self-evident
2. Documentary Evidence, as in the weighing of evidence, documentary
evidence prevails over testimonial evidence
3. Testimonial Evidence which is the least reliable as it is the most prone to
fabrication

NOTE HOWEVER; while testimonial evidence occupies the lowest ranking in the
hierarchy of evidence, it is conversely the most indispensable. Neither object nor
documentary evidence can be presented without an accompanying testimony.
II. AS TO WHETHER EVIDENCE AFFIRMS OR NEGATES
A. Positive Evidence
> when a witness affirms that a fact occurred or did not occur
e.g. In a case for reckless imprudence:
Q: At the time of the collision, was the headlight of the motorcycle turned on?
A: Yes.

B. Negative Evidence
> when the witness avers that he did not see or know the occurrence of a fact
e.g. Conversely:
Q: At the time of the collision, was the headlight of the motorcycle turned on?
A: I did not notice.

Weight of Negative evidence; “Mere denial cannot prevail over the positive testimony of a
witness.”
Negative Pregnant
> form of negative expression which carries with it an affirmation or atleast an
implication of some kind favourable to the adverse party
e.g. in a case for violation of R.A. 9165:

Q: Have you ever smoked marijuana?

A: I have never smoked marijuana in school.
III. AS TO MATERIALITY
A. MATERIAL EVIDENCE
> evidence which tends to prove the fact in issue of a case

B. IMMATERIAL EVIDENCE
> evidence which does not tend to prove the fact in issue in a case or evidence
offered upon a matter not in issue

IV. AS TO ADMISSIBILITY
A. COMPETENT EVIDENCE
> evidence which is not excluded by the law or the Rules
B. INADMISSIBLE EVIDENCE
> evidence which is excluded by the law or the Rules
V. AS TO RELEVANCY
A. RELEVANT EVIDENCE
> evidence which has a tendency in reason to establish the probability or
improbability of the fact in issue

B. IRRELEVANT OR UNRELATED EVIDENCE

> evidence which has no tendency in reason to establish the probability or
improbability of the fact in issue

Example:
A was shot from a distance right between the eyes. B was the main suspect and was
tried for the crime. During the presentation of the prosecution’s evidence, the
prosecutor presented evidence showing that B was a former Olympic Gold medallist
in long distance shooting.
Q1. Is the evidence material?
Q2. Is the evidence relevant?
 MATERIALITY RELEVANCY

> If evidence is offered to prove or >If evidence has a tendency in

disprove a specific fact which is reason to establish the probability or
properly in issue improbability of the fact in issue
>direct proof of fact >can be directly or circumstantially
relevant

>self-evident >may require reasoning or inference

>Material evidence is always >Relevant evidence is not always

relevant. material
VI. AS TO THE NEED TO INFER OR PRESUME
A. DIRECT EVIDENCE
> evidence which proves a fact in issue directly without any reasoning or inferences being
drawn on the part of the fact-finder
e.g.
Q: Who killed the victim?
A: The accused.
Q: Why do you know that?
A: I saw him shoot the victim?

B. CIRCUMSTANTIAL EVIDENCE
> evidence which indirectly proves a fact in issue
e.g.
Q: Who killed the victim?
A: The accused.
Q: Why do you know that?
A: At the time of the shooting, I saw him running away from the scene of the crime.
Q: What did you observe?
A: The accused held a gun and his shirt was splattered with blood.
Under our Rules of Court, conviction based on circumstantial evidence is sufficient if:
a) there is more than one circumstance;
b) the facts from which the inferences are derived are proven;
c) the combination of all the circumstances is such as to produce conviction beyond
reasonable doubt.

VII. AS TO SUPPORTING EVIDENCE

A. CUMULATIVE EVIDENCE
> additional evidence of the same kind and character as that already given and tends
to prove the same proposition
B. CORROBORATIVE EVIDENCE
> additional evidence of a different kind and character, tending to prove the same
point

*Rule in re Testimony of a Lone Witness

“The testimony of a single prosecution witness, as long as it is positive, clear, and
credible is sufficient on which to anchor a judgment of conviction.
Section 2. Scope. – The rules of evidence shall be the same in all
courts and in all trials and hearings, except as otherwise provided
by law or these Rules.
*Rule on Examination of a child Witness (A.M. No. 004-07-SC)
Section 3. Admissibility of evidence. – Evidence is admissible when it
is relevant to the issue and not excluded by the Constitution, the
law or these Rules.

Axioms Of Admissibility :
RELEVANCY + COMPETENCY
 ADMISSIBILITY VS. PROBATIVE VALUE
Admissibility answers the questions of whether certain pieces of evidence are to be
considered at all. It depends on its relevance and competence.

Weight or probative value answers the question of whether the admitted evidence
proves an issue. The weight or evidence pertains to its tendency to convince and
persuade. It is synonymous to credibility or believability of evidence.

*Just because a piece of evidence is admitted does not ipso facto mean that it conclusively
proves the fact in dispute. Thus, a particular item of evidence may be admissible, but its
evidentiary weight depends on judicial evaluation within the guidelines provided by the rules of
evidence.
*The mere fact that evidence is admissible does not necessarily mean that it is also credible.
Section 4. Relevancy; collateral matters. – 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.
Components of Relevancy

a. Materiality or legal relevancy- whether the evidence is offered

upon a matter properly in issue
b. Probative Value or logical relevancy – whether the evidence has
the tendency to establish the proposition for which it is offered

Example: In a criminal case, the fact that the crime was committed
at nightime is logically relevant to a killing at 12 midnight but
evidence thereon would not be legally relevant if nightime was not
alleged in the Information.
“Evidence on Collateral Matters”

Collateral matters are matters which are not in issue. They are not generally
allowed to be proven except when they are relevant or when they tend to
establish the probability or improbability of the fact in issue.

With specific reference to criminal cases, the collateral matters allowed to be

proved because they are relevant are:

1) Antecedent circumstances, or those existing even prior to the commission of

the crime. They include such matters as habit, custom, bad moral character
when self-defense is invoked, design, conspiracy, or premeditation, agreement to
a price, reward or promise
2) Concomitant circumstances, or those which accompany the commission of the
crime such as opportunity to do the act;
3) Subsequent circumstances or those which occur after the commission of the
crime, such as flight, escape, concealment, offer of compromise,etc.
COMPETENCY
“All facts having rational probative value are admissible unless prohibited by
some specific rule”

>The general rule is that when the evidence is inadmissible or objectionable,

but the other party fails to object, the latter party waives the defect.
*Evidence may be relevant but it may be excluded by the law or the rules.
Principles which exclude relevant or material evidence or which limit the presentation
of otherwise relevant or material evidence

1) EXCLUSIONARY RULE PRINCIPLE – mandates that evidence obtained in violation of

a particular law, must be excluded from the trial and will not be admitted as
evidence

2) FRUIT OF THE POISONOUS DOCTRINE – mandates that evidence will be excluded

if it was gained through evidence uncovered in violation of a particular exclusionary
rule or law. E.g. seized items in illegal arrest, search, or interrogation

3) If its probative value is outweighed by the risk that its admission will cause unfair
prejudice, confusion of issues, or undue delay

4) Rule 133 Section 6 – the Court may stop the introduction of further testimony
upon any particular point when the evidence upon it is already so full that more
witnesses to the same point cannot be reasonably expected to be additionally
persuasive.
 RULE 129
WHAT NEED NOT BE PROVED
What facts need not be proved?

A. Facts that are legally presumed (Sec. 2, 3 of Rule 131)

*Presumption – an inference as to the existence or non-existence of a fact which courts are
permitted to draw from proof of other facts. It can be Conclusive or Disputable.

B. Facts that are subject to Judicial Notice (Sec. 1, 2 of Rule 129)

*Judicial Notice – is the cognizance of certain facts which judges may properly take and act
on without proof because they already know them.
Put differently, it is the assumption by a court of a fact without need of further traditional
evidentiary support.
- Based on expediency and convenience
“Manifesta probatione non indigent.”

C. Agreed and admitted facts (Sec 4 of Rule 129)

Section 1. 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, official acts of
the legislative, executive and judicial departments of the National
Government of the Philippines, the laws of nature, the measure
of time, and the geographical divisions.
1. The Existence And Territorial Extent of States,
2. Their Political History, Forms of Government and Symbols of Nationality,
*what is required here is notoriety which means that an event must be of national
knowledge and significance.
3. The Law of Nations, The Admiralty and Maritime Courts of the World and
Their Seals,
4. The Political Constitution And History Of The Philippines,
5. Official Acts of The Legislative, Executive And Judicial Departments of The
National Government Of The Philippines,
6. The Laws of Nature,
7. The Measure of Time, And The Geographical Divisions
LAW of NATIONS
- Incorporation clause of the Constitution

“Law of nations does not mean the law of a particular nation”

- The existence of a foreign law per se is not within the realm of mandatory
judicial notice. Foreign laws present a question of fact, thus must be pleaded and
proved.

Proving Foreign Laws

1) Written – Sections 24, 25 of Rule 132 of the Rules of Court
2) Unwritten – Section 46 of Rule 130 of the Rules

* A foreign law may be admitted without proof if it is subject of a judicial

admission. In the absence of proof or admission, foreign law is presumed to be
the same as that in the Philippines under the “DOCTRINE OF PROCESSUAL
PRESUMPTION”
OFFICIAL ACTS OF THE LEGISLATIVE DEPARTMENT
> laws passed by Congress

OFFICIAL ACTS OF THE EXECUTIVE DEPARTMENT

> acts of the president such as proclamations, presidential decrees, executive
orders
> Pardon vs Amnesty
> Judicial notice is not taken of mere proprietary functions

OFFICIAL ACTS OF THE JUDICIARY AS LAW

> pertains to the Rules of Court and the cases decided by the Supreme Court.
(Decisions of lower courts or coordinate courts are not given judicial notice)
> Note: Courts take judicial notice of the cases but not their applicability
> No judicial notice of factual matter in controversy
*The Municipal Trial Court is required to take judicial notice of ordinances of the
municipality or city wherein they sit.
* The Regional Trial Court must take judicial notice only in the following
circumstances:
a. when required to do so by statute
b. in the case of appeal before them wherein the inferior court took judicial
notice of an ordinance involved in said case
c. when the ordinance is capable of unquestionable demonstration

LAWS OF NATURE
* Abraham Lincoln’s Almanac Case,
* Gabriel vs. Court of Appeals G.R. No. 128474
Section 2. 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.
Discretionary Judicial Notice
- by its nature, depends wholly on the judgment of the court

Requisites:
a. the matter must be one of common and general knowledge,

“facts of common knowledge”- facts that are so commonly known in the community as to
make it unprofitable to require proof, and so certainly known as to make it indisputable
among reasonable men

b. it must be well and authoritatively settled and not doubtful or

uncertain, and

c. it must be known to be within the limits of jurisdiction of court

Section 3. Judicial notice, when hearing necessary. – During the pre-
trial and the trial, the court, motu proprio or upon motion, shall
hear the parties on the propriety of taking judicial notice of any
matter. Before judgment or on appeal, the court, motu proprio or
upon motion, may take judicial notice of any matter and shall hear
the parties thereon if such matter is decisive of a material issue in
the case.
Under Section 3, judicial notice is taken of a fact, only after parties are heard
on the issue of whether or not the court should take judicial notice.

Q. Can the court take judicial notice of age as evidence by looking at a person’s
appearance?
Section 4. Judicial admissions. – An admission, oral or written, made
by [the] party in the course of the proceedings in the same case,
does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that the
imputed admission was not, in fact, made.
Sources of Judicial Admissions
1) in the pleadings filed by the parties
2) in the course of trial either by verbal or written manifestations or
stipulations
3) stages of judicial proceedings (pre-trial, presentation of witnesses)

Admission must be made in the same case. (otherwise deemed extrajudicial

admission which must be offered and proved as any other type of evidence.

EXCEPTIONS
1. palpable mistake – meaning obvious or easily perceived or noticeable
2. imputed admission was not, in fact, made.
END