EVIDENCE

A. GENERAL PRINCIPLES
1. Concept of Evidence (Rule 128, Sec. 1)
a. Kinds and degrees of Evidence
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.

Direct evidence and circumstantial evidence

Primary evidence and secondary evidence
Positive evidence and Negative evidence
Corroborative evidence and Cumulative evidence
Prima facie evidence and Conclusive evidence
Relevant evidence and Material evidence
Competent evidence
Irrelevant, Immaterial, Inadmissible, and Incompetent evidence
Rebuttal and Sur-Rebuttal evidence
Object (real) evidence
Documentary evidence
Testimonial evidence
Expert evidence
Substantial evidence

2. Scope of the Rules on Evidence (Rule 128, Sec. 2)

a. Applicability of rules of evidence
b. Rules of evidence sanctioned by the Constitution
1987 Constitution, Article VIII, Sec. 5 (5)
3. Evidence in Civil cases vs. Evidence in Criminal cases
a. Quantum of Evidence (Rule 133, Sec. 1 & 2)
b. Offer of Compromise (Rule 130, Sec. 27)
c. Presumption of Innocence
(1987 Constitution, Art. III, Sec. 14 (2)
Rule 115, Sec. 1(a))
4. Proof vs. Evidence
5. factum probans vs. factum probandum
6. Admissibility of Evidence (Rule 128, Sec. 3)
a. Requisites for admissibility of Evidence

b.
c.
d.
e.
f.
g.
h.

i. Relevancy
ii. Competency (not excluded by Rules)
1. Exclusionary Rule
2. Alibi
Relevance of evidence and collateral matters (Rule 128, Sec. 4)
Multiple Admissibility
Conditional Admissibility
Curative Admissibility
Direct and Circumstantial Evidence
Positive and Negative Evidence
Competent and Credible Evidence

7. Burden of Proof and Burden of Evidence (Rule 131, Sec. 1)

8. Presumptions
a. Conclusive presumptions (Rule 131, Sec. 2 a & b)
b. Disputable presumptions
i. Suppression of evidence
c. No presumption of legitimacy and illegitimacy
9. Liberal Construction of the Rules of Evidence
10. Quantum of Evidence (weight and sufficiency of evidence)
a. Appreciation of evidence
i. Equipoise rule
ii. English Exchequer rule
iii. Subject to two interpretations
b. Proof beyond reasonable doubt (Rule 133, Sec. 2-4)
i.
ii.
iii.
iv.
c.
d.
e.
f.
g.
h.

Filing the information

Issuing a warrant of arrest
Granting bail in capital offense
Conviction

Preponderance of Evidence
Substantial Evidence
Clear and Convincing Evidence
Circumstantial Evidence
Power of court to stop further Evidence
Evidence in motion

B. JUDICIAL NOTICE AND JUDICIAL ADMISSIONS

a. What need not be proved
b. Matters of Judicial Notice
i. Mandatory (Rule 129, Sec. 1)
ii. Discretionary (Rule 129, Sec. 2 &3)
c. Judicial Admissions
i. Effect of Judicial Admissions
ii. How Judicial Admissions may be contradicted
d. Judicial Notice of Foreign Laws, Law of Nations and Municipal Ordinance
Doctrine of Processual Presumption (Rule 130, Sec. 46)
C. OBJECT (REAL) EVIDENCE (Rule 130, Sec. 1)
a.
b.
c.
d.
e.
f.

Nature of object evidence

Requisites of Admissibility
Categories of object evidence
Demonstrative Evidence
View of an object or scene
Chain of custody in relation to Section 21 of RA No. 9165

D. TESTIMONIAL EVIDENCE