HANDBOOK

ON
EVIDENCE
By Ruben E. Agpalo

RULE 128 - General Provision

a. Section 1 – Evidence Defined

a.1. Evidence as judicially defined
a.2. Rule of evidence liberally construed
a.3. Kinds of evidence
a.4. Evidence and proof distinguished
a.5. Hierarchy of evidence values
b. Section 2 – Scope
b.1. Where rules of evidence not applicable
c. Section 3 - Admissibility of evidence
d. Section 4 – Relevancy; collateral matters
d.1. Relevant evidence defined
d.2. Competent evidence defined
d.3. Collateral matters
d.4. Competency and credibility distinguished
d.5. Multiple and conditional admissibility

RULE 129 – What Need Not Be Proved

a. Section 1 – Judicial notice, when mandatory

b. Section 2 – Judicial notice, when discretionary
c. Section 3 – Judicial notice, when hearing necessary
c.1. Judicial notice, generally
c.2. Judicial notice, when mandatory
c.3. Judicial notice, when discretionary, generally
c.4. Judicial knowledge and judge’s personal knowledge,
distinguished
c.5. Judicial decisions and court records
c.6. Illustrations of judicial notices
c.7. Illustrations of matters not taken judicial notice of
d. Section 4 – Judicial admissions
d.1. Admissions in amended pleading
d.2. Actionable documents not denied under oath are deemed
admitted
d.3. Allegations not specifically denied are considered admitted
d.4. Admission made in answer to request for admission
 d.5. Extent of binding effects of counsel’s admissions
d.6. Counsel’s entering into stipulations of fact
d.7. Counsel’s agreement as to what witness would testify
d.8. Admissions in criminal cases
d.9. Admissions in criminal cases during trial
d.10. Judicial admissions may not be contradicted; exceptions
d.11. When admissions are not conclusive
d.12. Admissions taken in entirety and as qualified by other parts
d.13. Waiver of admissions

RULE 130 – Rules of Admissibility

a. Section 1 – Object of Evidence

a.1. Three sources of evidence from which court may make a
decision
a.2. Object or real evidence
a.3. Real evidence and physical or documentary evidence
distinguished
a.4. Test of admissibility
b. Section 2 – Documentary evidence
b.1. What document consists of
b.2. Rule on electronic evidence (Rules 1-12)
c. Section 3 – Best Evidence Rule; Original document must be
produced; exceptions
d. Section 4 – Original document
d.1. Best or primary evidence
d.2. Where best evidence rule does not apply
d.3. Best evidence rule; what are originals
e. Section 5 – Secondary Evidence – When original document is
unavailable
e.1. Secondary evidence; requisites
e.2. Effects where requisites are not complied with
f. Section 6 – When original document is in adverse party’s custody
or control
f.1. Requisite of rule
f.2. When original consists of numerous accounts
g. Section 7 – Evidence admissible when original document is a
public record
g.1. What may be admissible
h. Section 8 – Party who calls for document not bound to offer it as
evidence
g.1. Motion for production or inspection
i. Section 9 – Evidence of written agreement
i.1. Parol evidence rule started
 i.2. Where parol evidence rule is not applicable
i.3. Exceptions to parol evidence rule; issue must be pleaded
i.4. Where there is intrinsic ambiguity, mistake or imperfection in
the written agreement
i.5. Where agreement fails to express true intent
i.6. Where validity of writing is raised
i.7. Waiver of parol evidence
i.8. Statute of frauds
i.9. Purpose of statue of frauds; when not applicable, when waived
j. Section 10 – Interpretation of Document – Interpretation of a
writing according to its legal meaning
k. Section 11 – Instrument construed so as to give effect to all
provisions
l. Section 12 – Interpretation according to intention; general and
particular provisions
m. Section 13 – Interpretation according to circumstances
n. Section 14 – Particular signification of terms
o. Section 15 – Written words control printed
p. Section 16 – Experts and interpreters to be used in explaining
certain writings
q. Section 17 – Of two constructions, which preferred
r. Section 18 – Construction in favour of natural right
s. Section 19 – Interpretation according to usage
s.1. Civil Code provisions on the interpretation of documents
s.2. Case law on the interpretation of documents
s.3. Some rulings in the construction of statutes which may be
helpful in the interpretation of contracts or writings
t. Section 20 - Testimonial Evidence – Witnesses, their qualifications
t.1. Who may be a witness
t.2. A lawyer shall avoid being a witness for a client
t.3. Conviction of crime involving moral turpitude is a
disqualification
t.4. Accused can testify, but cannot be compelled to do so
t.5. Right against self- incrimination, scope and limitations
t.6. Prosecution of witnesses
t.7. Co-accused may be a witness, if discharged for such purpose
t.8. Immunity from suit under Witness Protection Program
t.9. Types of immunity from suit
t.10. Immunity from suit granted the Ombudsman
t.11. Immunity from suit under other statutes
t.12. Party in civil case may be a witness, subject to conditions