RULES ON EVIDENCE

RULE 128 – RULE 132

RULES OF COURT
RULE 128

EVIDENCE IS THE MEANS, SANCTIONED BY THE RULES, OF

ASCERTAINING IN A JUDICIAL PROCEEDING THE TRUTH RESPECTING
A MATTER OF FACT.

SAME IN ALL COURTS, TRIALS AND HEARINGS

FACTUM PROBANS (FACTS TO PROVE ULTIMATE FACTS) AND FACTUM

PROBANDUM (ULTIMATE FACTS)
ADMISSIBILITY

1) RELEVANT TO ISSUE
1) INDUCE BELIEF IN EXISTENCE
2) EVIDENCE ON COLLATERAL MATTERS - ONLY WHEN DETERMINES
PROBABILITY
1) E.G. MOTIVE, FLIGHT, ALIBI

2) NOT EXCLUDED (COMPETENT)

E.G. VIOLATION OF ANTI-WIRE TAPPING ACT
WHAT NEED NOT BE PROVED

MANDATORY JUDICIAL NOTICE — NO NEED FOR EVIDENCE

1) OF THE EXISTENCE AND TERRITORIAL EXTENT OF STATES, THEIR POLITICAL
HISTORY, FORMS OF GOVERNMENT AND SYMBOLS OF NATIONALITY,
2) THE LAW OF NATIONS, THE ADMIRALTY AND MARITIME COURTS OF THE WORLD
AND THEIR SEALS,
3) THE POLITICAL CONSTITUTION AND HISTORY OF THE PHILIPPINES,
4) THE OFFICIAL ACTS OF LEGISLATIVE, EXECUTIVE AND JUDICIAL DEPARTMENTS
OF THE PHILIPPINES,
5) THE LAWS OF NATURE, THE MEASURE OF TIME, AND THE GEOGRAPHICAL
DIVISIONS.
JUDICIAL NOTICE WHEN DISCRETIONARY

1) MATTERS WHICH ARE OF PUBLIC KNOWLEDGE (NOTORIOUSLY

KNOWN)
- E.G. FILIPINA’S MODESTY; TELECONFERENCING
2) CAPABLE OF UNQUESTIONABLE DEMONSTRATION
- E.G. DEATH
3) OUGHT TO BE KNOWN TO JUDGES BECAUSE OF THEIR JUDICIAL
FUNCTIONS.
JUDICIAL NOTICE WITH HEARING

COURT ANNOUNCE INTENTION TO TAKE JUDICIAL NOTICE

DURING OR AFTER TRIAL
SET HEARING
JUDICIAL ADMISSIONS

NO NEED FOR PROOF

VERBAL OR WRITTEN
MADE BY THE PARTY
IN THE COURSE OF THE PROCEEDINGS IN THE SAME CASE.

MAY BE CONTRADICTED ONLY BY SHOWING THAT

IT WAS MADE THROUGH PALPABLE MISTAKE OR
THAT NO SUCH ADMISSION WAS MADE (TAKEN OUT OF CONTEXT)
RULE 130
RULES OF ADMISSIBILITY

A. OBJECT (REAL) EVIDENCE - ADDRESSED TO THE SENSES OF THE COURT

DIRECT EVIDENCE – PROVE THE FACT FOR WHICH IT IS OFFERED (E.G. PHYSICAL INJURIES)
CIRCUMSTANCIAL EVIDENCE – BASIS FOR INFERENCE (EG COMPARISON OF LOOKS IN
PATERNITY CASE)

B. DOCUMENTARY EVIDENCE
EVIDENCE IN WRITING
OFFERED AS PROOF OF THEIR CONTENTS

C. TESTIMONIAL EVIDENCE – VERBAL OR ORAL EVIDENCE BY ONE WHO HAS PERSONAL

KNOWLEDGE OF FACTS
BEST EVIDENCE RULE
ONLY ORIGINAL DOCUMENT IS ADMISSIBLE IF CONTENTS IS SUBJECT OF INQUIRY;

EXCEPTIONS (SECONDARY EVIDENCE IS SUFFICIENT)

(a) ORIGINAL IS LOST/DESTROYED WITHOUT BAD FAITH

PROVEN BY COPY; RECITAL IN AUTHENTIC DOCUMENT; TESTIMONIAL EVIDENCE
(B) ORIGINAL IS IN CUSTODY OF ADVERSE PARTY WHO FAILS TO PRODUCE IT
PROVEN BY COPY; RECITAL IN AUTHENTIC DOCUMENT; TESTIMONIAL EVIDENCE
( C) VOLUMINOUS DOCUMENTS, ONLY GENERAL RESULT IS NEEDED
PROVEN BY SUMMARY OF THE CONTENTS SUBJECT TO INSPECTION BY ADVERSE PARTY
(D) ORIGINAL IS A PUBLIC RECORDS IN THE CUSTODY OF PUBLIC OFFICER OR RECORDED IN PUBLIC OFFICE
PROVEN BY CTC BY CUSTODIAN OR OFFICIAL PUBLICATION

WHAT IS ORIGINAL?
1) CONTENTS IS SUBJECT OF INQUIRY
2) 2 COPIES EXECUTED AT THE SAME TIME WITH SAME CONTENTS (DUPLICATE ORIGINALS)
3) ENTRY IS REPEATED IN REGULAR COURSE OF BUSINESS (EG JOURNALS/LEDGERS)
PAROL EVIDENCE RULE

WHEN THE TERMS OF AN AGREEMENT HAVE BEEN REDUCED TO WRITING, IT IS CONSIDERED AS

CONTAINING ALL THE TERMS AGREED UPON AND THERE CAN BE, BETWEEN THE PARTIES AND THEIR
SUCCESSORS IN INTEREST, NO EVIDENCE OF SUCH TERMS OTHER THAN THE CONTENTS OF THE
WRITTEN AGREEMENT.

EXCEPTIONS: (PARTY MAY MODIFY/ADD)

(A)AN INTRINSIC AMBIGUITY, MISTAKE OR IMPERFECTION IN THE WRITTEN AGREEMENT;
(B)THE FAILURE OF THE WRITTEN AGREEMENT TO EXPRESS THE TRUE INTENT AND AGREEMENT OF THE PARTIES
THERETO;
(C)THE VALIDITY OF THE WRITTEN AGREEMENT; OR
(D)THE EXISTENCE OF OTHER TERMS AGREED TO BY THE PARTIES OR THEIR SUCCESSORS IN INTEREST AFTER
THE EXECUTION OF THE WRITTEN AGREEMENT.
THE TERM "AGREEMENT" INCLUDES WILLS.

PAROL EVIDENCE – EVIDENCE ALIUNDE WHICH TENDS TO VARY OR CONTRADICT CONTENTS OF AN AGREEMENT
TESTIMONIAL EVIDENCE

QUALIFICATIONS OF WITNESS: 1) CAN PERCEIVE AND 2)MAKE

KNOWN THEIR PERCEPTION
OBSERVE, REMEMBER, RELATE AND RECOGNIZE DUTY TO TELL
TRUTH
RELIGIOUS OR POLITICAL BELIEF, INTEREST IN THE OUTCOME OF
THE CASE, OR CONVICTION OF A CRIME UNLESS OTHERWISE
PROVIDED BY LAW, SHALL NOT BE GROUND FOR
DISQUALIFICATION.
DISQUALIFICATIONS

SEC. 21 . DISQUALIFICATION BY REASON OF MENTAL INCAPACITY

OR IMMATURITY.
(a) UNSOUND MENTAL CONDITION AT TIME OF PRESENTATION
(b) CHILDREN (BELOW 18) INCAPABLE OF PERCEIVING AND
RELATING.
SUBJECT TO CHILD WITNESS RULE – PRESUMED COMPETENT;
COMPETENCY EXAMINATION
DISQUALIFICATIONS

SEC. 22 . DISQUALIFICATION BY REASON OF MARRIAGE. —

DURING VALID MARRIAGE
SPOUSE TESTIFY FOR OR AGAINST SPOUSE WHO IS A PARTY
MUST BE WITH CONSENT OF SPOUSE

EXCEPTIONS:
CIVIL CASE BETWEEN SPOUSES
CRIMINAL CASE FOR A CRIME COMMITTED BY ONE AGAINST THE OTHER OR THE
LATTER'S DIRECT DESCENDANTS OR ASCENDANTS.
DISQUALIFICATIONS

SEC. 23 . DISQUALIFICATION BY REASON OF DEATH OR INSANITY OF ADVERSE

PARTY
“DEAD MAN’S STATUTE”
PARTIES
AGAINST REPRESENTATIVE OF A DECEASED PERSON OR A PERSON OF
UNSOUND MIND
UPON A CLAIM OR DEMAND AGAINST HIS ESTATE
CANNOT TESTIFY AS TO ANY MATTER OF FACT OCCURRING BEFORE THE DEATH
OF SUCH DECEASED PERSON OR BEFORE SUCH PERSON BECAME OF UNSOUND
MIND.
DISQUALIFICATIONS
SEC. 24 . PRIVILEGED COMMUNICATION. —

CANNOT TESTIFY ON MATTERS LEARNED IN CONFIDENCE:

(A)SPOUSES
BEFORE OR AFTER VALID MARRIAGE; WITHOUT CONSENT OF SPOUSE; COMMUNICATION
RECEIVED DURING MARRIAGE

(B)ATTORNEY – CLIENT PRIVILEGE

COMMUNICATION MADE BY CLIENT TO HIM OR HIS ADVICE GIVEN THEREON
IN THE COURSE OF OR WITH A VIEW TO PROFESSIONAL EMPLOYMENT
COVERS SECRETARY, STENOGRAPHER, CLERK ACQUIRING KNOWLEDGE IN SUCH CAPACITY
DISQUALIFICATIONS
• (C) DOCTOR-PATIENT PRIVILEGE
• IN A CIVIL CASE
• EXAMINED ON ADVICE OR TREATMENT GIVEN OR INFORMATION ACQUIRED DURING ATTENDANCE
• BLACKEN REPUTATION OF PATIENT

• (D) PRIEST-PENITENT PRIVILEGE

• WITHOUT THE CONSENT OF THE PERSON MAKING THE CONFESSION
• ANY CONFESSION MADE TO OR ANY ADVICE GIVEN BY HIM IN HIS PROFESSIONAL CHARACTER IN
THE COURSE OF DISCIPLINE ENJOINED BY THE CHURCH TO WHICH THE MINISTER OR PRIEST
BELONGS;

• (E)PRIVILEGED COMMUNICATION TO PUBLIC OFFICER

• DURING HIS TERM OF OFFICE OR AFTERWARDS,
• AS TO COMMUNICATIONS MADE TO HIM IN OFFICIAL CONFIDENCE
• PUBLIC INTEREST WOULD SUFFER BY THE DISCLOSURE.
TESTIMONIAL PRIVILEGE

SEC. 25 . PARENTAL AND FILIAL PRIVILEGE. — NO PERSON MAY BE

COMPELLED TO TESTIFY AGAINST HIS PARENTS, OTHER DIRECT
ASCENDANTS, CHILDREN OR OTHER DIRECT DESCENDANTS.
ADMISSIONS AND CONFESSIONS

SEC. 26 . ADMISSION OF A PARTY. — THE ACT, DECLARATION OR

OMISSION OF A PARTY AS TO A RELEVANT FACT MAY BE GIVEN IN
EVIDENCE AGAINST HIM.

ADMISSION – EXTRAJUDICIAL STATEMENT OR CONDUCT BY A PARTY

WHICH IS INCONSISTENT WITH HIS POSITION

SELF-SERVING STATEMENTS NOT ADMISSION; HENCE, NOT

ADMISSIBLE
ADMISSIONS AND CONFESSIONS

SEC. 27 . OFFER OF COMPROMISE NOT ADMISSIBLE. —

IN CIVIL CASES, NOT ADMISSION; NOT ADMISSIBLE
IN CRIMINAL CASES, IMPLIED ADMISSION OF GUILT.

A PLEA OF GUILTY WITHDRAWN - NOT ADMISIBLE

OFFER TO PAY MEDICAL BILLS – NOT ADMISSIBLE
ADMISSIONS AND CONFESSIONS

SEC. 28 . PARTY CANNOT BE PREJUDICED BY ACTS OF ANOTHER (RES

INTER ALIOS ACTA ALTERI)

EXCEPTIONS:
1) ADMISSION BY CO-PARTNER OR AGENT
2) ADMISSION BY CONSPIRATOR – CONSPIRACY MUST BE ESTABLISHED
3) ADMISSION BY PRIVIES – DERIVED TITLE FROM ANOTHER
4) ADMISSION BY SILENCE – SUCH AS TO COMMENT IF NOT TRUE
PREVIOUS CONDUCT AS EVIDENCE

PRIOR SIMILAR ACTS – NOT EVIDENCE OF SAME ACTS NOW

UNACCEPTED OFFER.
OFFER IN WRITING
TO PAY OR DELIVER
REJECTED WITHOUT VALID CAUSE
EQUIVALENT TO ACTUAL TENDER
TESTIMONIAL KNOWLEDGE

SEC. 36 . TESTIMONY GENERALLY CONFINED TO PERSONAL

KNOWLEDGE (PERSONALLY PERCEIVED)
HEARSAY EXCLUDED
OUT OF COURT STATEMENTS OR CONDUCT NOT
PERCEIVED BY WITNESS
NOT SUBJECTED TO CROSS EXAMINATION
EXCEPTIONS TO THE HEARSAY RULE
 DYING DECLARATION.
UNDER CONSCIOUSNESS OF IMPENDING DEATH
EVIDENCE OF CIRCUMSTANCES OF DEATH
DECLARATION AGAINST INTEREST
DECEASED OR UNABLE TO TESTIFY
AGAINST HIS INTEREST
DECLARATION AS TO PEDIGREE
FAMILY REPUTATION
COMMON REPUTATION
MORE THAN THIRTY YEARS OLD
ENTRIES IN THE COURSE OF BUSINESS/OFFICIAL RECORDS
COMMERCIAL LISTS
LEARNED TREATIES
TESTIMONY IN ANOTHER CASE
AGAINST PERSON WHO WAS ABLE TO CROSS
EXCEPTIONS

PART OF RES GESTAE.

1) SPONTANEOUS ACTS
WHILE A STARTLING OCCURRENCE IS TAKING PLACE OR
IMMEDIATELY PRIOR OR SUBSEQUENT THERETO; ON
CIRCUMSTANCES THEREOF

2) VERBAL ACTS
STATEMENTS ACCOMPANYING AN EQUIVOCAL ACT; GIVES
IT LEGAL SIGNIFICANCE
(EG STATEMENTS IN BRIBERY)
OPINION RULE

GENERALLY, NOT ADMISSIBLE

EXCEPTIONS:
1) EXPERT WITNESS
2) AS TO IDENTITY, HANDWRITING, MENTAL SANITY,
IMPRESSIONS OF BEHAVIOR, ETC
CHARACTER EVIDENCE

GENERALLY NOT ADMISSIBLE

EXCEPTIONS: —
(A)IN CRIMINAL CASES:
(1)THE ACCUSED MAY PROVE HIS GOOD MORAL CHARACTER WHICH IS
PERTINENT TO THE MORAL TRAIT OF THE OFFENSE (E.G. PERJURY)
(3) CHARACTER OF OFFENDED PARTY IF ESTABLISHES PROBABILITY OF
OFFENSE CHARGED (E.G. IN SELF DEFENSE)
-EXCEPT: RAPE SHIELD
(B)IN CIVIL CASES
- IF PERTINENT (EG SLANDER)
(C) BAD MORAL CHARACTER OF A WITNESS
- GOOD IS ADMISSIBLE IF ONLY IMPEACHED
RULE 131
BURDEN OF PROOF

BURDEN OF PROOF
DUTY OF A PARTY TO PRESENT EVIDENCE ON THE FACTS IN
ISSUE NECESSARY TO ESTABLISH HIS CLAIM OR DEFENSE
BY THE DEGREE REQUIRED BY LAW
WHO HAS BURDEN

• CIVIL CASES:
• PLAINTIFF
• DEFENDANT AS TO AFFIRMATIVE DEFENSES

• CRIMINAL CASES
• PROSECUTION; ACCUSED PRESUMED INNOCENT
RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE

• DEGREE OF PROOF
• CIVIL CASES
• PREPONDERANCE OF EVIDENCE (SUPERIOR WEIGHT)
• CRIMINAL CASES
• PROOF BEYOND REASONABLE DOUBT (MORAL CERTAINTY; NOT
ABSOLUTE CERTAINTY)
• ADMINISTRATIVE CASES
• SUBSTANTIAL EVIDENCE (ADEQUATE TO JUSTIFY A CONCLUSION)
RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE

• CIRCUMSTANTIAL EVIDENCE SUFFICIENT FOR CONVICTION IF:

• MORE THAN ONE CIRCUMSTANCE
• FACTS FROM WHICH INFERENCES ARE DERIVED ARE PROVEN
• COMBINATION OF CIRCUMSTANCES ENOUGH TO CONVICT
PRESUMPTIONS

INFERENCES AS TO EXISTENCE OR NON EXTENCE OF FACTS DRAWN FROM

PROOF OF OTHER FACTS

SHIFTS BURDEN OF EVIDENCE

CONCLUSIVE PRESUMPTIONS:
(a) ESTOPPEL IN PAIS
LED ANOTHER TO BELIEVE AND ACT UPON SUCH BELIEF
CANNOT FALSIFY
(B) ESTOPPEL BY DEED
TENANT CANNOT DENY TITLE OF HIS LANDLORD AT TIME OF CONTRACTING
SEC 3 - DISPUTABLE PRESUMPTIONS
(EXAMPLES)
THAT A PERSON IS INNOCENT OF CRIME OR WRONG;
THAT OFFICIAL DUTY HAS BEEN REGULARLY PERFORMED;
THAT AFTER AN ABSENCE OF SEVEN YEARS, IT BEING UNKNOWN WHETHER OR
NOT THE ABSENTEE STILL LIVES, HE IS CONSIDERED DEAD
EXCEPT: SUCCESSION (10 YRS)
CONSIDERED DEAD AFTER ABSENCE FOR 4 YRS
VESSEL LOST AT SEA
ARMED FORCES IN ARMED HOSTILITIES
ANY CIRCUMSTANCES SHOWING DANGER OF DEATH
ABSENT SPOUSE
MAY CONTRACT ANOTHER MARRIAGE BUT MUST FIRST BE DECLARED
PRESUMPTIVELY DEAD
PRESENTATION OF EVIDENCE – RULE 132
• EXAMINATION OF WITNESS
• OPEN COURT
• UNDER OATH
• ORALLY
• RECORDED

• ORDER:
• DIRECT – BY PARTY PRESENTING
• CROSS – BY OPPOSING PARTY
• RE-DIRECT – TO CLARIFY CROSS
• RE-CROSS – TO CLARIFY RE-DIRECT
• LEADING QUESTIONS
• SUGGEST ANSWERS
• NOT ALLOWED
• EXCEPT: 1) ON CROSS; 2) PRELIMINARY MATTERS; 3) CANNOT ELICIT
INTELLIGIBLE ANSWERS; 4) HOSTILE; 5) ADVERSE PARTY

• MISLEADING QUESTIONS
• ASSUME AS TRUE FACTS NOT YET TESTIFIED TO BY THE WITNESS OR
CONTRARY TO HIS PREVIOUS STATEMENTS
• NOT ALLOWED
RIGHTS OF A WITNESS

• RIGHT AGAINST SELF-INCRIMINATION

• RIGHT AGAINST SELF-DEGRADATION
• CANNOT BE DETAINED LONGER THAN NECESSARY
• EXAMINED ONLY ON MATTERS RELEVANT TO ISSUE
• RIGHTS AGAINST IMPROPER, IRRELEVANT, INSULTING QUESTIONS
IMPEACHMENT OF WITNESS

• MEANS TO DISCREDIT HIS TESTIMONY

• BY ADVERSE PARTY BY
• CONTRADICTORY EVIDENCE
• GENERAL REPUTATION FOR TRUTH, HONESTY OR INTEGRITY IS BAD
• INCONSISTENT PREVIOUS STATEMENTS

• MAY NOT IMPEACH OWN WITNESS

• EXCEPT IF WITNESS IS ADVERSE OR HOSTILE
AUTHENTICATION AND PROOF OF DOCUMENTS
• CLASSES OF DOCUMENTS:
• PUBLIC DOCUMENTS
• WRITTEN OFFICIAL ACTS
• RECORDS OF OFFICIAL ACTS
• PUBLIC RECORDS OF PRIVATE DOCUMENTS WHERE ENTRY IS REQUIRED
• PROVEN BY 1) ORIGINAL RECORD OR COPY ATTESTED BY CUSTODIAN WITH
CERTIFICATE OF CUSTODY
• NOTARIZED DOCUMENTS
• EXCEPT WILLS AND TESTAMENTS
• PROVEN BY CERTIFICATE OF ACKNOWLEDGMENT

• ALL OTHER WRITINGS ARE PRIVATE DOCUMENTS

PUBLIC VS. PRIVATE DOCUMENTS
• PUBLIC DOCUMENTS
• AUTHENTICITY AND DUE EXECUTION NEED NOT BE PROVEN
• BINDS EVEN THIRD PERSONS AS TO DATE AND EXECUTION
• ENTRIES IN PUBLIC RECORDS
• PRIMA FACIE EVIDENCE OF THE FACTS STATED THEREIN
• OTHERS ARE EVIDENCE OF THE FACT WHICH GAVE RISE TO THEIR EXECUTION AND
DATE

• PRIVATE DOCUMENTS:
• HOW TO PROVE AUTHENTICITY AND DUE EXECUTION:
• WITNESS TO THE EXECUTION OR
• EVIDENCE OF GENUINENESS OF HANDWRITING
OFFER AND OBJECTION

• ALL EVIDENCE MUST BE FORMALLY OFFERED

• PURPOSE SPECIFIED – TO DETERMINE ADMISSIBILITY
• DONE ORALLY
• OBJECTIONS IMMEDIATELY AFTER OFFER
• WHEN OBJECTIONS SUSTAINED; MAY TENDER EXCLUDED EVIDENCE
• IF OFFERED IN WRITING, OBJECTIONS MADE 3 DAYS AFTER NOTICE
• WHEN: 1) WITNESS – WHEN CALLED TO TESTIFY; EVERY TIME QUESTION IS ASKED
• 2) OBJECT/DOCUMENTS – AFTER PRESENTATION OF TESTIMONIAL EVIDENCE

• STRIKING OUT OF ANSWER BEFORE OBJECTION WAS MADE

STAGES IN PRESENTATION OF DOCUMENTS

• 1) IDENTIFICATION
• 2) MARKING
• 3)AUTHENTICATION
• 4) INSPECTION
• 5) FORMAL OFFER
• 6) OBJECTIONS
THE END

SUKRAN 