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Evidence

Evidence

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Published by Tiofilo Villanueva

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Published by: Tiofilo Villanueva on Nov 18, 2011
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EVIDENCE
SOURCES
:Rules of Court, Rule 128-133ConstitutionSpecial Laws (e.g.Anti-Wiretapping Act)Revised Penal Code, Civil Code, etc.Jurisprudence
Rule 128GENERAL PROVISIONSEVIDENCE
is the means, sanctioned by theRules of Court, of ascertaining in a judicialproceeding the truth respecting a matter of factEvery evidential question involves therelationship between the
factum probans
andthe
factum probandum
.
FACTUM PROBANDUM
- the ultimate factsought to be established.It may be ascertained in:1. pleadings submitted by the parties2. pre-trial order 3. issues which are tried with the express or implied consent of the parties. (
Sec. 5, Rule10
)
NOTE:
If fact is admitted, there is no morefactum probandum because there is no fact inissue.
FACTUM PROBANS
- the material evidencingthe proposition. It is the fact by which the factumprobandum is established.Admissibility or inadmissibility of evidence isdetermined in accordance with the law in forceat the time the evidence is presented.Therefore, there is no vested right of evidence.Evidence otherwise inadmissible under the lawat the time the action accrued, may be receivedin evidence provided that it is admissible under the law in force during the trial.
CLASSIFICATION OF EVIDENCE:
A. Depending on its ability to establish the factin dispute, evidence may be:1.
Direct evidence
—evidence which provesthe fact in dispute without the aid of anyinference or presumption.2.
Circumstantial evidence
evidence of relevant collateral facts.B.Depending on the degree of its value inestablishing a disputed fact, evidence maybe:1.
Prima Facie Evidence
—evidence whichsuffices for the proof of a particular fact untilcontradicted and overcome by otheevidence.2.
Conclusive evidence
—evidence which isincontrovertible or one which the law doesnot allow it to be contradicted.3.
Corroborative evidence
—evidence whichis of a different kind and character as thatalready given and tends to prove the sameproposition.4.
Cumulative evidence
—evidence which isof the same kind and character as thatalready given and tends to prove the sameproposition.C.Depending on its weight and acceptability,evidence may be:1.
Primary or best evidence
—evidence whichaffords the greatest certainty of the fact inquestion.2.
Secondary or Substitutionary evidence
evidence which is inferior to primaryevidence, and admissible only in theabsence of the latter.D.Depending on its nature, evidence may be:1.
Object evidence
— evidence addressed tothe senses of the court and is capable of being exhibited to examined or viewed bythe court. Also known as
autoptic  proference
.2.
Documentary evidence
—evidence whichconsists of writings, words, numbers,figures, symbols or other modes of writtenexpressions offered as proof of theicontents.3.
Testimonial evidence
evidence whichconsists of the narration or deposition byone who has observed or has personalknowledge of that to which he is testifying.E. Depending on its quality, evidence may be:1.
Relevant evidence
—if it has arelation to the fact in issue as to inducebelief in its existence or non-existence.2.
Admissible evidence
—if it isrelevant to the issue and is not excluded bylaw or the Rules of Court.3.
Credible evidence
—if it is notonly admissible evidence but also believableand used by the court in deciding a case.GENERAL RULE: The rules of evidence areapplicable to both civil and criminal casesbecause the law does not distinguish.EXCEPTION: When the law specificallyprovides otherwise.
INSTANCES WHERE RULES OF EVIDENCEDO NOT APPLY TO JUDICIALPROCEEDINGS
:1. Rules on Summary Procedure in civilactions;2. Rules of Summary Procedure in criminalcases, where the witnesses submit their affidavits and counter-affidavits, subjectonly to cross-examination;3. Agrarian cases; and4. Rules regarding the testimony of witnesses from examinations, etc., in casesunder the MTC (where the parties merelysubmit their position papers and their witnesses’ affidavits and counter-affidavits.)
1
 
Section 3. Admissibility of EvidenceREQUISITES FOR ADMISSIBILITY OFEVIDENCE
:The evidence must be—1.
Relevant
— has a logical connection withthe fact in issue.2.
Competent
— not excluded by the law or the rules.
TWO AXIOMS OF ADMISSIBILITY
:1.
Axiom of Relevancy
-- None but factshaving rational probative value areadmissible ; and2.
Axiom of Competency
-- All facts havingrational probative value are admissibleunless some specific rule forbids theiadmission.
KINDS OF ADMISSIBILITY:MULTIPLE
evidence will be received if itsatisfies all the requirements prescribed by lawin order that it may be admissible for thepurpose for which it is presented, even if it doesnot satisfy the other requisites for itsadmissibility for other purposes.
CONDITIONAL
A fact offered in evidencemay appear to be immaterial unless it isconnected with other facts to be subsequentlyproved. In such case, evidence of that fact maybe received on condition that the other facts beafterwards proved; otherwise, such fact alreadyreceived will be stricken out.
CURATIVE
— If incompetent evidence is offeredand admitted by the court over the objection of the adverse party, the adverse party is likewiseentitled to introduce a similar improper evidenceto counteract that already given.TWO CONSIDERATIONS:1. Whether the incompetent evidence isseasonably objected to.2. Whether regardless of the objections,the admission of such evidence will causea plain and unfair prejudice to the partyagainst whom it was admitted.
RULE 129WHAT NEED NOT BE PROVED
The following facts need NOT be proved:1. Those which the courts may take judicialnotice of (Rule 129);2. Those which are judicially admitted (Rule129);3. Those which are conclusively presumed
 
(Rule131);4. Those which are disputably presumed butuncontradicted (Rule 131).
JUDICIAL NOTICE
Cognizance of certain facts which judges mayproperly take and act upon without proof. Theyare based on considerations of expediency andconvenience. It may be
mandatory 
or 
discretionary 
.
MANDATORY
when the facts pertain to:1.the existence and territorial extent of states;2.their political history, form of government,and symbols of nationality;3.the law of nations;4.the admiralty and maritime courts of theworld and their seals;5.the political constitution and history of thePhilippines;6.the official acts of the legislative, executiveand judicial departments of the Philippines;7.the laws of nature;8.the measure of time; and9.the geographical divisions
THE LAW OF NATIONS
- The law of nationswhich is the subject of judicial notice is the lawwhich regulates the relations of the dominantpowers of the earth. It is the compilation of ruleswhich by common consent of mankind havebeen acquiesced in as law.Foreign municipal law must be proved as anyother fact.
DOCTRINE OF PROCESSUALPRESUMPTION:
It is that doctrine which lays down thepresumption that the foreign law is the same asthe law of the forum. It arises if the foreign law,though properly applicable, is either not alleged,or if alleged, is not duly proved before acompetent court.
NOTE:
When parties in a case agree on whatthe foreign law provides, these are admissionsof fact which the other parties and the court aremade to rely and act upon, hence they are inestoppel to subsequently take a contraryposition
(Phil. Commercial & Industrial Bank,vs. Escolin. et al)
The mere personal knowledge of the judge is notthe judicial knowledge of the court; judicialcognizance is taken only of those matters whichare “commonly” known. A fact may be of judicialnotice and not of judge’s personal knowledgeand vice versa the rule refers to facts whichought to be known to judges because of their  judicial functions.
JUDICIAL NOTICE IS DISCRETIONARY WITHRESPECT TO MATTERS WHICH ARE:
 1. of public knowledge; or 2. capable of unquestionable demonstration;or 3. those that judges ought to know by reasonof their judicial functions.
WHEN JUDGE MAY TAKE JUDICIAL NOTICEOF RECORDS OF ANOTHER CASEPREVIOUSLY TRIED:
1.When, either at the initiative of the judge or that of the parties, and without objection of any party, the record of the previous action
2
 
are read and adopted into the presentaction.2.When, without objection on the part of anyparty, the records of the previous case areactually withdrawn from the archives andattached to the records of the presentaction, by court order.
Judicial Notice of Municipal Ordinances
Inferior courts should take judicial notice of municipal or city ordinances in force in their territorial jurisdiction.The RTC should take judicial notice of municipalordinances only when:1. they are expressly authorized by statute;2. on appeals of decisions by the inferior courtwhen such courts had taken notice of amunicipal ordinance.
Section 4. Judicial AdmissionJUDICIAL ADMISSION
-
 
the admission made inthe course of the proceedings in the same caseby a party
.NOTE:
Lack of jurisdiction cannot be admittedbecause jurisdiction is conferred by law and notby stipulation of parties.
Judicial Admissions May Be Made in:
1.the pleadings filed by the parties;2.in the course of the trial either by verbal or written manifestations or stipulations; or 3.in other stages of the judicial proceeding, asin the pre-trial of the case;4.admissions obtained through depositions,written interrogatories or requests foadmissions.
Judicial admissions may be contradictedonly when it is shown that:
1.it was made through palpable mistake; or 2. that no such admission was made.
Judicial admissions in pleadings later amended
In civil cases, an amended pleading becomes a judicial admission and the contents of thepleading it amends not included in the amendedpleading becomes extrajudicial admissionswhich must be offered in evidence for it to beconsidered by the trial court.Judicial admissions are always conclusive uponthe admitter and does not require formal offer asevidence, unlike in the case of extra-judicialadmissions.Admissions in affirmative defenses are merelyhypothetical.Judicial admissions made in one case areadmissible at the trial of another case providedthey are proved and are pertinent to the issueinvolved in the latter, UNLESS:1. the said admissions were made only for purposes of the first case, as in the rule of implied admissions and their effects under Rule 26;2. the same were withdrawn with thepermission of the court therein; or 3. the court deems it proper to relieve the partytherefrom.
IS SELF-SERVING RULE APPLICABLE TOJUDICIAL ADMISSIONS?
NO. The self-servingrule which prohibits the admission of declarationof a witness in his favor applies only to extra- judicial admissions. If the declaration is made inopen court, such is raw evidence, it is not self-serving. It is admissible because the witnessmay be cross-examined on that matter.However, whether it will be credible or not, is amatter of appreciation on the part of the court.
RULE 130RULES OF ADMISSIBILITYA. OBJECT EVIDENCE
Always accompanied by testimonial evidence tosupport the object presented.Not a rule of exclusion thus other kinds of evidence may be presented even if there is anobject evidence.
Requisites of object evidence to beadmissible
:1.the object must be relevant to the fact inissue; and2.the object must be authenticated before it isadmitted.
OCULAR INSPECTION OR “VIEW”
—the courtcan go to the place where the object is located,when object evidence cannot be brought tocourt.
VIEW PART OF THE TRIAL
—The inspection or view outside the courtroom should be made inthe presence of the parties or at least withprevious notice to them in order that they mayshow the object to be viewed. Such inspectionis a part of the trial, inasmuch as evidence isthereby being received. The parties areentitled to be present at any stage of the trial,and consequently they are entitled to be atleast notified of the time and place set for theview.
REAL EVIDENCEDEMONSTRATIVEEVIDENCE
Tangible object thatplayed some actualrole in the matter that gave rise to thelitigation.Tangible evidencethat merely illustratea matter of importance in thelitigation.
GROUNDS FOR EXCLUDING OBJECTEVIDENCE
:
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