REMEDIAL LAW EVIDENCE Sources: 4. Rules of Court, Rules 128-133 2. Constitution 3. Special Laws (¢.9. Anti-Wiretapping Act) 4. Revised Penal Code, Civit Code, etc. 5. Jurisprudence 6. Supreme Court Circulars RULE 128: GENERAL PROVISIONS. SECTION 4: EVIDENCE DEFINED Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the’ truth respecting 2 matter of fact Four component elements: 1, Evidence as @ means of ascertainment = includes not only the procedure or manner of ascertainment but also. the evidentiary fact from which the truth respecting 2 matier of fact may be ascertaines. 2, Sanctioned by these rules ~ not ‘excluded by the Rules of Court, 3. Ina judicial proceeding — contemplates ‘an action oF proceeding filed In @ court of law. 4, The truth respecting @ matior of fact ~ refers to an issue of fact and is both substantive (determines the facts 10 be established) and procedural (governs the manner of proving said facts). Purpose: Due to the presumption thet the court is not aware of the veracity of the facts involved in & case. It is therefore incumbent upon the parties to prove a fact in issue through the presentation of admissibie evidence (Risno, 2006 ed. p.3) When Evidence is Required 1. When the court has to resolve a question of fact. RECUTIVE CoMaTTER EVIDENCE 2 Doetrine of Processual Presumption = ‘When invoking a foreign law, evidence of ‘such law must be presented. Otherwise, ‘the court will presume that the foreign !aw is the same as the Philippine lew. When Evidence is NOT Required 1, Where no factual issue exists in a case. 2, Where the case presents only a question cf law, such question Is resolved by the mere application of the relevant statutes or rules to which no evidence Is required, 3. When the pleadings in a civil case do not tender an issue of fact. 4, Evidence may also be dispensed with by agreement of the partes, 5. Evidence is not also required on matters of judicial notice and on matters judicially admitted, “Tne propative effect of evidence and is the | conviction or persuasion of the mind resulting from the consideration of the evidence, Itis the medium or means by which 2 | fact is proved or LZEGEL JOSHUR VILENA ova chnipirson, MINISITR A4015'S OU ehsinperson for academics, DIOARNAE JOMARE JUNASA. sussecr coment VAR NURCADI subject eat, MARIA DLSIRE FROTIO spt sect cha, WA FREY ERICA. CAVAWAR ep, JANHA HA frc A) YM LGHMANCLAS vex HANZEL SANTO spec co MRL EFALVAN sil ps RRASETLY Eta oy aril, Sly Grace Area. Mar ose Ayo, Kal alse, Grab Mise Bongos, Varco Burin, Dans Fjord, fn ancl Gala ke Gafego, Mec ore taxqaet Jamil, Frances Dyan Lin, ne Katrine im, A Loran Nanigue, Rone oz. Kevin Roxeol sar femila Guinn. Bovey Cuntos, Lae Paaino Reyes, Lyndon Peer, Eden Seon, Cala Tabslc, Noda Vianna Jocehogelo Davie Kaple anys ase, lyon atorsSan Beda College ot Lary . 2011 CENTRALIZED BAR OPERATIONS 4. Im criminal cases, when the accused enters a plea. Note: Generally, if a fact is admitted, there is no more FACTUM PROBANDUM because there is no fact in issue. However, the rules do net fix a standard in ascertaining the PROBANDUM. It depends on the NATURE OF THE CASE presented before the courts, + In CRIMINAL CASES, for instance, even if the accused enters 2 plea of guilly to a capital offense, the court must order & summary hearing to conduct a searching inquiry into the voluntariness and full ‘comprehension of the consequences of his plea and for the prosecution to prove his “guilt and the precise degree of culpability (See. 3, Rule 116). In SPECIAL PROCEEDINGS for the probate of @ will, even if no person ppears to contest the allowance thereof, the courtis still required to grant allowance only if the will is proved to have been executed as Is required by law (Sec. 5, Rule 76). Factum Probans - the material evidencing the ‘proposition. It is the evidentiary fact by which the FACTUM PROBANDUM is established, ote ec Ulimate facts Intermediate facts | Proposition tobe | estaniisned _ Hypothetical Mateval evidencing the scoposition | Absence of Vested Evidence General Rule: No vested rights in the rules of evidence. Admissiblity or inadmissibilty of evidence is determined In accordance with the law in force at the time the evidence is prosented. Evidence otherwise inadmissible lunder the law at the time the action accrued, may be received in evidence provided that itis admissible under the law in force af the time it is presented. Exception: In criminal cases, if the alteration of the rules of evidence would, for instance, permit the reception of a lesser quantum of evidence than what the law required al the time of the commission of the offense in order to convict, then the retroactive application of such amendatory law would be ‘unconstitutional for being ex post facto, Rules of evidence are NOT self-executing. Confessions ‘made without the benefit of counse! are still admissible in evidence if appeliant failed to make timely objections before the trial court (People vs. Samus GR No, 195957-58, Sept 27, 2002) Construction of the Rules of Evidence Liberally construed: Ruies of Procedure are mere tools intended to facilitate rather than to frustrate the attainment of justice (Quiambso vs. CA, GR. No, 128305, March 28, 2008). May the Rules of Evidence be Waived? General Rule: Yes. The rules of evidence are established for the protection of the parties Exception: If the rule waived by the parties has been established by law on grounds of public policy, the, waiver is void. Accordingly, the waiver of the privilege against disclosure of secrets is void (Francisco, Ricardo J, 1996; p9). Classification of Evidence 4, Depending on its ability to establish the fact in dispute, evidence may be: a. Direct Evidence — evidence which proves the fact in dispute without the aid of any inference or presumption b. Circumstantial Evidence — proof of fact or facts from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable ‘consequence (5 Moran). the Court vidence Becausesporsneater dear er) estab AUS son lbafenisiun fino evidengge tevegpirary appears Est312 REMEDIAL LAW EVIDENCE ~ As {0 the prima facie evidence in Section 2 of B.P. 22. If notice of non-payment by the drawee bank is not sent to the maker (oF drawer of the bum check, or if there is no proof as to when such notice was received by the drawer, then the presumption of knowledge as provided In Section 2 of B.P. 22 cannct arise, since [there] would simply be no way of reckoning the crucial five-day period (Rico vs. People, GR No. 137191, Nov. 18, 2002). b. Conclusive Evidence ~ evidence which is incontrovertible or one which the law does not allow to be contradicted. corroborative Evidence — adcltional evidence of @ diferent kind and character from’ that already given, tending to prove the same point. Under the Rule on the Examination of Child Witness, corroboration shall ot be required of a testimony of a child, His testimony if credible by tsatf, shall be sufficient to support a finding Lof fact, conclusion or judgment subject to the standard of proof required in criminal and non-criminal cases (A.M. No. 004-07-SC, Section 22). 4, Cumulative Evidence — additional evidence of the same kind and character proving the same fact. Depending on its weight and acceptability, evidence may be: a. Primary or Best Evidence — evidence which affords the greatest Certainty of the fact in question. b. Secondary or —_Substitutionary Evidence ~- evidence which is inferior to primary evidence and admissioie only in the absence of the latter. Depending on its nature, evidence may BL Object evidence — evidence directly addressed to the senses of the court and is capable of being exhibited to, examined or viewed by the court Also known as aufoplic proforency or real or physical evidence b, Documentary Evidence — supplied by written instruments or derved from conventional symbols and letters by which ideas are represented on ‘material substances. Testimonial Evidence — is verbal or oral evidence. It is evidence wich consists of the narration or deposition by one who has observed or has personal Knowledge of that to which he is testifying, = Positive Evidence — when the witness affirms that a fact did or did not occur, It is eniiled to greater weight since the witness represents of his personal knowlsdge the presence or absence of 2 fact, + Negative Evidence - when a witness states that he did not see cor know of the occurrence of @ fact, ‘and there is total disclaimer of personal knowledge. 5. Depending on its quality, evidence may a Relevant Evidence — evidence having value in reason as tending to prove any matter provable in an action. Note: A simple test of relevancy is the ablity of evidence to persuade or if it ‘can be of help to the factfinder in establishing the probability or improbablity of 2 fact in issue. Material Evidence - evidence directed to prove 2 fact in issue as determined by the rules of substantive law and pleadings. tot ay Se Oe Erect Sacha heii sec, one that is ng Roles, ane Revider ing. ifort of ee. competent cue it's nat exuded by law inva particule caseSan Beda College of Lato _ 2011 CENTRALIZED BAR OPERATIONS: 6. Rebuttal and Sur-rebuttal Evidence a. Rebuttal Evidence is that kind which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party. It is evidence in denial of some affirmative case or fact which the adverse party has, attempted to prove. b. Surrebuttal Evidence is 2 reply to rebuttal evidence. When the plaintif in rebuttal is permitted to introduce new matter, defendants shouldbe permitted to introduce evidence in sur- rebuttal, and to decline to permit him to do so is error, especially when the evidence in sursrebuttal Is for the first time made competent by the evidence introduced by the plaintiff in rebuttal, but defendant should ask for the right to meet the new matter. Note: DNA testing results thet exclude the putative parent from paternity shall be Conclusive proof of non-paternty, Wf the value ‘of the Probability of Paternity is less than 99.9%, the results shall be considered as corroborative evidence. If the value of the Probability of Paternity 's 99.9% or higher, there shal be a disputable presumption of paternity SECTION 2. SCOPE ‘The rules of evidence shall be the seme in all courts and in all tals and hearings, except as otherwise provided by law or these rules Applicability of the Rules of evidence Goneral Rule: The rules of evidence are applicable to both civil and criminal cases (Sec, 2, Rule 128 and Sec. 3, Rule 1) Exception: When the law otherwise provides, such as those enumerated under Sec, 4, Rule Twhich are Election cases Land registration Gadastral proceedings Naturalization proceedings Insolvency proceedings and Other cases as may be provided for by law Note: The Rules of Evidence applies even in cases covered by the Rules on Summary Procedure in civil cases covered by the Rules on ‘Summary Procedure, where there is no trial land no testimonies are taken on the witness stand, thus obviating the appiication of the Rules on Evidence as to Testimonial Evidence, the rest of the Rules on Evidence still applies to evidence that will be presented In the course of the case. Therefore, any evidence presented by the parties in’ their respective position papers must still conform to the Rules on Evidence, In criminal cases covered by the Rules on ‘Summary Procedure, while the affidavits of the parties shall constitute their direct testimony, such testimonies may stil be subject to cross- examination, redirect or re-cross examination, ‘Therefore in these criminal cases the Rules on Evidence shall apply both as to the testimonies and the object evidence that the parties may submit fo the court. The rules of evidence are not strictly observed in proceedings before administrative bodies. ‘Administrative bodies are not bound by the technical niceties of law and procedure and the rules obtaining in the courts of lew (Bantoling v. Coca-Cola Bottiers Phils, Inc. GR. No, 153660, June 10, 2003) «Even if not bound by technical rules of procedure, the findings of facts of Administrative bodies are respected as tong as they are supported by substantial evidence, even if such evidence is not ‘overwhelming or preponderant (Avenido v. Civil Service Commission, GR No. 177666, April 30, 2008). SECTION 3, ADMISSIBILITY OF EVIDENCE Requisites for admissibility of evidence The evidence must be: 4. Relevant — suc lon to the fact in Igsue as tosing AEBRisience or “yop oustette’s : 2. Competent -—it-not ¢ cent les Boas law Eviderige on the éfeditiityor lack gfi'of a witness is saliayst, felevant, Insyery proceedina, the Gredbildy Ofte wiess Is : hwy on IssU8 Any objedlion,. defect , orsstgrenulaity allending. an. atest. MB" coneequences should be made before'dn, éntry of plea in 313REMEDIAL LAW EVIDENCE the arraignment; otherwise, the objection would be deemed waived (People vs. Llavore, GR No. 133892, Aug. 12, 2003). The rights enumerated in Sec. 12 (1), Art UV of the Constitution exist only in custodial investigations. Hence, admissions in a counter-affidavit during a preliminary investigation, even if made in the absence of @ counsel, are admissible in evidence, A person “undergoing preliminary investigation before the public prosecutor cannot be considered as being under custodial investigation (Ladiana vs. People, GR No. 144293, Des. 4, 2002). ‘Two Axioms of Admissibility a. Axiom of Relevancy ~ None but facts having rational probative value are admissible. + it merely prescribes that whatever is presented as evidence shall be Presented on the hypothesis that it Is. calculated according to the prevailing standards of reasoning, to effect RATIONAL PERSUASION. In short, it Just means that the evidence must be relevant, Components of Relevant Evidence: a. Materiality — whether the evidence is offered upon 2 matter properly in issue = ie. whether it is directed toward a fact within the range of allowable controversy b. Probativeness ~ the tendency of evidence to establish the proposition that itis offered to prove, Degree of probativeness required ~ to be relevant, it need net be conclusive, the evidence must merely help a ittle (5 Herrera, 1999 ect, p, 60) b. Axiom of Competency — Facts having fational probative value are admissible unless some specific mule forbids their admission + The rules of exclusion are rules of exception to the general admissibility Of all that is rational and probative Admissibility of Electronic Documents An electronic document Is admissibie in evidence it f complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the ‘manner prescribed by the Rules on Electronic Evidence. Kinds of Admissibility 1. Multiple — where evidence is relevant and competent for two or more purposes, such may be admissible if it satisfies all the requirements prescribed by law for its acimissibilty for the purpose for which itis presented, even if it does not satisfy the other requisites for its admissibility for other purposes. 2. Conditional — where evidence appears to be immaterial unless it is connected with other facts to be subsequently proved, such may be received on the condition. that the facts be afterwards proved. 3, Curative —where improper evidence was, admitted over the objection of the ‘opposing party, he should be permitted to contradict It with similar improper evidence. Otherwise it would result. in disparity of rulings to his prejudice (Fighting Fire with Fire). Rules of Exclusion vs. Exclusionary Rules 1. Rules of Exclusion — these are governed by the rules on evidence 2. Exclusionary Rules — these ere commonly used for evidence excluded by the Constitution’ In ts simplest form, these rules are applied to cases where the challenged evidence is quite clearly direct, or primary in its relationship to the prior arrest or search (5 Herrera, 1999 ed., 37). ‘Eien, ay beet sm te a derived from-an Hg gear {thet tree) must Bé suppress,San Beda College of Lato arrestee giving a confession, in such case, It is necessary to determine whether the derivative evidence is tainted with a constitutional violation, that is, whether the evidence is fruit of the poisonous tree. Likewise known as the “but for” test or “taint doctrine” which means that the evidence would riot have come to light but for the illegal action of the police. ro ARETAPPI oer) eg Unlawful Acts: 1 ‘Any person who, without authority from all the parties to the private communication or spoken word, does any. of the following: (Sec.1, par. 1) 2. To tap any wire; or b. To secretly overhear or intercept such ‘communication or spoken word by using any other. device or arrangement; or ¢, To record such private communication for spoken word by using a device ‘commonly known as dictaphone, or Gictagraph or detectaphone or waikie~ talkie or tape recorder or however otherwise described. ‘Any person, whether participant or not in the above penalized acts, who: (Sec. 1, par 2) 2. Knowingly possesses any tape record, wire record, disk record or any other such record or copies thereof, of any ‘eommunication or spoken word secured either bafore ot after the effective date of this Act in the manner prohibited by lav: or b. To replay the €ame for any other person; or To communicate the contents therect, either verbally or in writing; or d. To. fumish transcriptions thereof, whether complete er partial, to any other person. Any person who shail ald, permit, or cause to be done any of the acis deciared to be unlawful (Sec.2) Any person who shall violate the provisions of Section b of the exempted acs below ar of an order issued thereunder, of aids, permits or causes ‘such viciations. (See.2) 2011 CENTRALIZED BAR OPERATIONS Exempted Acts: 1. Use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses the ‘mentioned below; (Sec.1, par2) 2, Any peace officer, who is authorized by the writen order of the court, to execute any of the acis declared to be unlawful in cases involving the crimes of: (Sec.3, part) a. Treason; b. Espionage: ¢. Provoking war and disloyalty in case of war; 4. Piracy. fe. Mutiny in the high seas; £. Rebellion; 9. Conspiracy and proposal to commit rebellion: fh. Inciting te rebellion; i. Sedition; i, Conspiracy to commit sedition; Inciting to sedition; Kidnapping as defined by the RPC: m. Violations of CA 616 punishing espionage and other offenses against national security. Admissibility: Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning of the same or any part thereot, or any information therein contained, obtained or secured by any person In violation of this Act shall be inadmissible in evidence in any judicial, quasi-judicial, or administrative hearing or investigation. Note: An extension telephone line cannot be placed in the same category as a dictaphone, ictagraph or the other devices enumerated in ‘Section 1 of RA. No, 4200 as the use thereof cannot be considered g the wire or cable of 3 ae Infiigiediate A 69868" Drover 16.1986). Poplist, Midi G. eses sase-8— i ct | ie Yet, while: gonstiiighal goles to clatesannes Hees the breach Of private 4 inalviduel 237 lead Abi c Sut for dae, arb Orig ao sie ri 1907, 747, cltossbbieerata, aeeberspectives of Eviience, 2005 EH, Pp-SF1). 315REMEDIAL LAW EVIDENCE Tape Recording The tape recording of the incident confirming the witness’ testimony is admissible in evidence since the heated argument in the police station between the accused and the deceased was not a private one. What RA. 4200 (Anti-Wire Tapping Law) prohibits is the overhearing, intercepting or recording of private communication, Moreover, a voice recording is authenticated by the testimony of a witness: (a) That he personally recorded the conversation, (b) The tape played in court was the one recorded; and (6) That the voices in the tape are those of the persons such are claimed to belong (Navarra vs. CA, et al Aug. 26, 1999) Surveillance of Suspects and Interception and Recording of Communications Under the Human Security Act of 2007 (R.A. No 9372) Under Section 7 of the Human Security Act of 2007, the provisions of RA 4200 rotwithstanding, a police or lew enforcement official may listen to, intercept and record any communication, message, conversation, discussion, or written or spoken words hetween the following: a. Members of judicially declared and outlawed terrorist. organization, association, or b. Group of ‘persons or of any person charged with or suspected of the crime of terrorism or conspyacy fo commit terrorism. Any of the above acts may not, however, be done without a written order of the Court of Appeals. SECTION 4, RELEVANC MATTERS. COLLATERAL the fact in Issue. These are matters outside the controversy, or are not directly connected with the principal matter or issue in dispute, a8 indicated in the pleadings of the parties. Evidence on collateral matters shal not be allowed, except when it tends in any reasonable degree to establish the probability fr improbabilty of the fact in issue. Kinds of collateral matters 1. ProspectanvAntecedent — those preceding the fact in issue but pointing forward to it (e.g. moral character, motive, conspiracy) 2. Concomitant — those accompanying the fact In issue and pointing to it. (e.g. alibi ‘opportunity, incompatibility) 3. Retrospectant or Subsequent — those succeeding the fact in issue but pointing backward to it. (e.g. flight, concealment, fingerprints, bioodstains) (RE seca eas eaneans Matters need NOT be proved: (ISA~ JP) 4. Immaterial allegations: 2. Facts admitted or not denied provided they have been sufficiently alleged (Sec. 1, Rule 8); 3. Agreed and admitted facts (Sec. 4, Rule 129); 4, Facts cubject to judicial notice (Secs. 1-3, Rule 123): 5, Facts legally presi Judicial Notice is the cognizance of certain facts which judges may properly take and act tupen without proof, Judicial notice is based on considerations of expediency and convenience. It displaces the necessity for evidence on a settied matter to save time, labor and expense in securing and introducing such evidence, Note: Judicial notice is not equivalent to Judioia! knowledge. A fact may be of judicial ‘notice and not of a judge's personal knowledge and vice versa The rule refers to fagis which ought to be rego ok (ersbabnn is KAO sd ie in ques “4S dn€-which one er | The funefion no evidgnce because. jlelal Substitute for formal proof a. matey by evidence (Peosle viROwtahas P* Cals 238, 14 Cal Rpil 2 327. 29 ANY 2, EYEnce, S24, 1998) te SeeSan Beda College of Latu 2011 CENTRALIZED BAR OPERATIONS SECTION 14. JUDICIAL NOTICE, WHEN MANDATORY Mandatory Judicial Notice (EPLACO — ung) “The ‘existence end territorial extent of states, 2. Ther political history, forms of government, and symbols of nationality; 3. The taw of nations; 4. The admiralty and maritime cours of the world and their seals; 5. The poltical constitution and history of the Philippines: 6. The official acts of the legistative, executive and judicial departments of the Philippines; 7. The laws of nature; 8. The measure of time; anc, 9. The geographical divisions. ‘The Law of Nations is the compilation of rules which by common consent of mankind have been acquiesced in as lew. Foreign Municipal Laws General Rule: They must be proved as any other fact. They do not prove themselves nor ‘can courts take judicial notice of them. They must be alleged and proved. They.may be evidenced in accordance with Sec. 24, Rule 132 as an official record, Exceptions: 1. Foreign statute accepted by the government 2. Comman law. Doctrine of Processual Presumption: Lays down the presumption that the foreign law is the seme as the [aw of the forum, it arises if the foreign law, though properly applicable, is either not alleged, or #f alleged. is not duly proved before a competent court. When parties in 2 case agree on what the foreign law provides, these are admissions of fact which the other parties and the court are made to rely and act upon; hence they are in estoppel to. subsequently take a contrary position (Phit, Commercial & Industrial Bank, vs. Escolin, et al, GR. No, L-27896, March 29,1974). SECTION 2. JUDICIAL NOTICE, DISCRETIONARY WHEN Discretionary Judicial Notice 1.” Matters which are of public knowledge: or 2, Matters capable of _ unquestionable demonstration: or 3, Matters ought to be known to judges because of their judicial functions. Test of Notoriety for the courts to take Judicial notice of facts: Whether the fact Involved is <0 notoriously known as to make it proper to assume its existence without proof. ‘There: must be unconditional acceptance by the public, or hat segment of the public where ‘the factis of relevant importance. Note: The fact that a belief is not universal is rot controlling for itis seldom that any belief is accepted by everyone. It Is enough that the matters are familiarly known to the majority of mankind or those persons familiar with the Particular matter in question (Republic vs. Court of Appeals, G.R, No. 54886, September 10, 1981) Judicial Notice of Records of Another Case Previously Tried General Rule: Courts are not authorized to take Judicial notice of the contents of the records of other cases, even when such cases. have been tried or aré pending in the same court and pending before the same judge (People vs. Hemandez, G.R.No. 106028, July 30, 1996). Exceptions: ‘When, at the initiate of the judge or of the parties, and without objection of any party, the teccrds of the previous action are tead and adopted into the present action, of attached to the records of the present action by court order, 2. When the present action is closely Io gaa ase_perdna botwoon ti Seg, 2 Sire ik mae t Note: The excebtigns’ ate" eS pnigaBle’ only is ‘AeBily referredst0-6r the original or part ahereof are acwual gpetroom ‘rom the archives ang, eam part of the record of the case then pen 317REMEDIAL LAW EVIDENCE 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 ‘municipal ordinances only when: 1. They are expressly authorized by statute; 2. On appeals of decisions by the inferior court when such courts had taken notice of a municipal ordinance. Rule before Appollate Courts: 1. An appellate court is without authority to take notice or take into consideration the judicial records of a case previously decided by the trial court upon which said court did not have the opportunity to pass; 2. An appellate court cannot consult the ‘records in another case to ascertain a fect not shown by the records of the case before it but could go te its other decisions for the low that is determinative of or applicable to the case under review, 3. The Supreme Court can also take judicial notice of its record in a previous case in connection. with the conduct of litigant or witness in a similar matter: 4. Lower courts, from the Court of Appeals down to the lowest level, must take judicial notice of decisions of the Supreme Court, 2s they are in fact duty bound to know the rulings of the high tribunal and to apply them in the adjudication of cases, they being part of the legal system, Judicial Notice of Other Matters 4, The trial court can take judicial notice of the general increase in rentals of real esiate especially of business establishments (Catungel v. Hao, G.A. No 134972, Merch 22, 2001). A court cannat take judicial notice of an administrative regulation or of a statute that is not yet effective (Stato Prosscutors v. Muro, 236 SCRA 505) In the age of modern technology. the court may take judicial notice that business transactions may be made by individuals through teleconferencing, However, there Is_no judicial notice that one was conducted ins particular case (Expentravel and Tours, inc, v. Court of Appeals, 469 SCRA 147) 4. The Court has likewise taken judicial notice of the Filipina’s inored modesty and shyness and Aer antipathy in publicly airing acts which blemish her honor and virtue, 318, 5. It is @ matter of judicial knowledge that persons have killed or committed serious offenses for no reason at all (People v. Zeta G.R. No. 178541, March 27, 2008). SECTION 3, JUDICIAL NOTICE, WHEN HEARING NECESSARY 1. During triat, the court, on its own Initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon. 2, Aftor trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case. Purpose of Hearing: Not for the presentation of evidence, but to afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice or the tenor of the matter to be noticed, Prey Prinses ‘Court ie NOT compelled 10 take judicial notice ea Jadicial Notice ‘Courtis compelled to take jusiciat notice | ay be at cours own Iniative, or on request of party Takes place at court's own intiatve Needs hearing and eae Judicial notice of the age of the victim is Improper, despite the defense counsel's admission, the prosecution's, ’ ile. 123, take susicial_ notice, Tundlaigne Ro “13569 2oon)tes | | gallon SECTION. sea Sy ments 3 1 sae jase ee yo he 2, The ‘admie@htapast ghtBbde in the votesdings in the same course of t case; andSan Beds College of Law 2011 CENTRALIZED BAR OPERATIONS 3, There is no particular form for an admission - it may either be written or verbat Note: Lack of Jurisdiction over the subject matter cannot be admitted because jurisdiction ‘over the subject matter is conferred by law and ot by stipulation of parties. Judicial Admissions may be made in: }. The pleadings filed by the parties; 2. inthe course of the trial either by verbal or \writien manifestations or stipulations; 3, In other stages of the judicial proceeding, as in the pre-trial of the case; 4, Admissions obtained through depositions, written interrogatories or requests for admissions. ‘+ Judicial admission can be made by either 2 party or counsel. Note: Two situations in criminal cases: 1. Ifitis a criminal case undergoing trial, the « Jusiciat admission by counsel can be fecawed in evidence against the defendant even though against the conformity of said defendant or even \without his conformity 2. In the course of pre-trial conference, any acimission must be reduced in writing and signed by boib the defendant and his counsel before the admission can be received in evidence (Rulo 118, Sec. 2). Judiciat admissions may be contradicted ‘only when it is shown that’ Iwas made through palpable mistake; or 2. Thatno such admission was made. Remedy of a party who gave 2 judicial admission: 1. Incase of 2 WRITTEN judicial admission Motion to withdraw the pleadings, motion fF ather written instrument containing such admission 2. Incase of an ORAL, judicial admission ‘Counsel in open court may move for the exclusion of such admission Rule on Amended Pleadings: Admissions in superseded pleadings may be recsived in evidence against the pleacier (Sec. 8. Rule 10) Such agmissions are considered ‘a5 extrajudicial admissions. The original pleading must be proved by the party who Fees thereon by formally offering it in evidence (Torres vs. CA, L-37420-21, July 31, 1984). + Judicial admissions are always conclusive upon the admitter and do not require formal offer as evidence, unlike in the case of extra-judicial admissions. + Facts alleged in 2 party's pleadings are deemed admissions of that party and are binding upon him, but this is not an absolute and inflexible rule. An answer's a mere statement of fact which the party fling it expects to prove, but it is not evidence. (Ati Illv. CA, G.R No. 119053, January 23, 1997). Rule on Dismissed Pleadings ‘Admissions made In pleadings that have been dismissed are merely extrajudicial admissions (Servicowsie Specialists, Inc. v. Court of Appeals, 257 SCRA 643) Note: NOT all allegations or admissions in ‘adings in civil eases may be considered as judicial admission because the Rules on Civ Procedure alow a itigant to make hypotnetical ‘admissions in his pleadings, such as: 4. When a defendant sets up affirmative defense(s) in his answer; oF 2. When a defendant fies a motion to dismiss based on lack of jurisdiction. + Judicial admissions made in one case are ‘Gdmissible at the tial of another case provided they are proved and are pertinent fo the issue involved in the istler, UNLESS: a. The sald admissions were made only for purposes of the frst case, as in the rule of implied admissions ‘and their 2 win the ‘Siig permigane a Sere ourtedseronetepenpe’ to reg SUP peawteeta® or tay Rules ofPleddingg not 1. If Sighied; bysthe, pi contaised ae i Ha fn Si juticlalladis Se 2 sands BPRS ane dmisstie. neater frakecstalonelision Heb only in 6p8n co in a ple’ fel. sae 319REMEDIAL LAW EVIDENCE Is the self-serving rule applicable to judicial admissions? NO. The self-serving rule which prohibits the admission or declaration of a witness in his favor applies only to extra-judicial admissions Mf the declaration is made in open court, such a8 raw evidence and is not self-serving It is, admissible because the witness may be cross- examined on that matter. However, whether it wil de credible or not, is a matter of appreciation on the part of the court ‘Admissions in on Sm ‘Admissions during ‘arraignment may be wwitherainn at any time: before the judgment of conviction becomes final, but such plea of guilty later withdrawn Is ol admissible in evidence against the ‘Bocused wha made the plea. Pry Admissions in & pleading which had been withdrawn oF superseded by an amended pleading are considered extrausicial aomission, 1s noteven considered an extrajudicial admission, RRR eee nnd Object Evidence (Sec. 1) is that which is addressed to the senses of the court. Itis not limited to view of an object. It extends to visual, auditory, tactile, gustatory, olfactory (ATO), + Physical evidence is a mute but eloquent manifestation of truth, and it ranks high in our hierarchy of trustworthy evidence— where the physical evidence runs counter to the testmonial evidence, the physical evidence should prevail (Bank of the Philippine Islands v. Reyes, G.R. No 157177, February 11, 2008). Object evidence is also known as (RDAP): 1. Real evidence 2. Demonstrative evidence 3. Autoptic preference: and 4. Physical evidence Real evidence may be: 1. Direct — evidence can prove directly the fact for which itis offered Eg, ina personal injury case, the direct real evidence of disfiguring injury would be an exhibition to the cour of the injury itself. 320 2. Circumstantial ~ facts about the object are proved as the basis for an inference that other facts are true. Eg. in a paternity case, 2 baby may be shown and asked to compare its appearance with that of the alleged father, if they look alike, the court may then draw an inference that the parental relationship exists. Requisits of Admissibility: (RAHPA) "The object must be relevant £0 the fact in issue; 2. The object must be authenticated before it is admitted; The object must not be hearsay; The object must not be privileged: Ik’ must meet any addtional requirement set by law. (Eg. il must nat be the result of an illegal search and seizure) Authentication — to be admissible in ‘evidence, the abject sought to be offered must be shown to have.been the very same thing in issue and is what itis claimed to be. Even though the object evidence may contain false Information such as falsified books kept bby the defendant, itis authentic in so far as it is Introduced by the prosecution for the purpose of showing falsity. Purposes of Authentication: ‘To prevent the introduction of an object different from the one testified about 2. To ensure that there has been no significant changes in the object's condition, Categories of Object Evidence For purposes ot. of an object, object eviden ‘ 1 Sidnique iy Ker Eabie ran eigtver.ilh te th 2 obi =e theth rs, fing marks and ¢aninot be 9, °888 6! hood of ofl-diugs in powder anlier a Under the thitdgdtegory.-the oroponent of the evidence fhust establish a chat ofSan Beda College of Law 2011 CENTRALIZED BAR OPERATIONS custody. The links to the chain are the People who actually handied or had ‘custody of the object. Each of them must show how he received the object, how he handled it to prevent substitution ‘and how itwas transferred to another. Chain of Custody in Drug-related Cases Chain of Custody - means the duly recorded authorized movements and custody of seized ‘drugs or controlled chemicals or plant sources ‘of dangerous drugs or laboratory equipment of each stage, from the time of seizureconfiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction. Such record of movements and custody of seized item shall include the identity and signature of the person Who held temporary custody of the seized item, the date and time when such transfer of custody. were made in the course of safekeeping and used in court as evidence, ‘and the final disposition (Section 1, DDB Regulation No. 1, Senles’ of 2002). The existence of the drug is the very corpus delicti of the crime of illegal possession of dangerous drugs and, thus, 2 condition sine qua non for conviction. In order to establish the existence of the drug, its chain of custody ‘must be sufficiently established. The chain of custody requirement is essential to ensure that doubts regarding the identity of the evidence fare removed through the monitoring and tracking of the movements of the seized drugs from the accused, to the police, to the forensic chemist, and finally to the court (People vs. Martinez. et al, G.R No.191360, December 13, 2010) cular inspection or “View ‘The court can go te the place where the object is located, when the object evidence cannot be brought t cour because It is Immovable oF inconvenient to remove (5 Herrera, 1999 ext, 144-145). ‘View is Part of Trial — The inspection or view cutside the courtroom is a part of the tal Inasmuch as evidence is thoreby being recelved, such inspection should be made in the presence of the parties or at least with previous notice to them of the time and place set for the view. ray Eee “Tangible object hat played come actual fole in the matter that ‘gave rise to the | Mligaton Pert Ean "Tangible evicence that merely illustrates ‘a matter of importance inthe Itigation Limitations against the use of real evidence may be classified into: 1. Inherent Limitations When the object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. Thus, it excludes the following: fa. Irrelevant evidence; b.Ilegally obtained evidence. 2. Non — Inherent Limitations Relevant evidence may be excluded on the ground that although relevant and authentic, its probative value is exceeded by ils prejudicial effect such as the following: 2. Indecency and impropriety b. Undue prejudice; ©. Offensiveness to sensibilities; 6. Inconvenience and unnecessary expenses. Note: But when the exhibition is necessary 19 the ends of justice, notions of deceney and delicacy of fealing will not be allowed to prevail (Herrera, 5, 1999 ed., p. 157) A.M, No. 06-41-5-SC ‘October 2, 2007 Effectivity: October 15, 2007 ee in Soetom datier@or, is offered, used, SE proposed to: becofigred, oF: peg ae Biological saith) ane 0 wie atk donk © olson’ Gop even fn rironintesoeeie mat Ee suceeile DNA touting: Tag jpeiudes bidod, salva en: 30) contaiRe nied ard bafes DNA (Dediiibontieleie: Acid) = the:chain of sholecales foUbs in evry nulclegted eal of the body. The ttalliyset an indyadal's ONA is nine for the waiaual, except Ktent fies 322REMEDIAL LAW DNA Evidence ~ constitutes the totality of the DNA profiles, results and other genetic Information directly generated from DNA testing of biological samples. DNA Testing — verified and credibie scientific methods which ‘include the extraction of ONA from biological samples, the generation of DNA profiles and the comparison of the information obtained from the ONA testing of biological samples for the purpose of determining, with reasonable certainty, whether or nat the DNA obiained from two or more distinct biological samples originates from the same person (Direct Identification) cr if the biological samples. originate from related persons (Kinship Analysis) Application for DNA Testing Order ‘The appropriate court may, at any time, either motu proprio or on application of @ person having a legal interest in the litigation, order 2 DNA festing upon 2 showing that 1. A Biological sample exists that has relevance to the case, 2, The Biological sample: a. Was not previously subjected to the DNA testing requested, or b. Wit was subjected to DNA testing, the results may require confirmation for good reasons. c. The DNA testing uses @ scientifically valid technique, d, The DNA testing has the scientific potential to produce new information that is relevant to the proper resolution of the case, and fe, The existence of other factors, if any, which the court may consider as potentially affecting the accuracy and Integnty of the DNA testing + Order granting the DNA testing shall be immediately executory and shall not be appealabie, © Petition for certiorari initisted therefrom shall not, in any way, stay the implementation thereof, unloss 2 higher court issues an injunctive order. + Grant of DNA tasting application shall not bbe construed as an automatic admission into evidence of any component of the DNA evidence that may be oblained as 2 result thereof Post-Gonviction DNA Testing Post-conviction DNA testing may be available, WITHOUT need of prior cour order. to the 322 EVIDENCE prosecution or any person convicted by final and executory judgment provided that: 1. a biological ample exists; 2. such sample is relevant to the case; and 3. the testing would probably resuit in the reversal or modification of the judgment of conviction, ONA Testing Results DNA ‘results that exclude the putative parent from paternity shall be conclusive proof of non-paternity. 2. Ifthe value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall" be considered as ‘corroborative evidence. 3, IFequivalent to 99.9% or highor there shail be a disputable presumption of paternity Remedy if the Results are Favorable to the Conv 1, The convict or the prosecution may file a petition for a wnit of habeas corpus in the ‘court of origin. 2. if the court finds that the petition is meritorious, if shall reverse or modify the judgment of conviction and order the Felease of the convict, unless continued etention is justified for a lawful cause. 3, A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any member of said courts, which may conduct 2 hearing thereon or remand the petition fo the court of origin and issue the appropriate orders, Note: ONA profiles and ail results or other information obtained from DNA testing shall be CONFIDENTIAL (may only be released upon order of the court). Applicability to, 5: shall apply Sg gees _ ie Ge slvity 35 pi iSechons-B/and 10 ef oe Eig vostcavctors owtestngh fe 2 contenfas cOnatiite objeckireal) ‘on’ the’ purpose for Tetendered. pod Weta Noto: & Bbcunsat bwrdence deport verse the aelment i eT te Blabees weno i@berd fo we message Pit contaite st is treated as vant documetiary evidence, In suchSan Beda College of Law 2011 CENTRALIZED BAR OPERATIONS. case, the Best Evidence rule does not apa. + Tha document is offered fo prove what is twntten on, then the document wil be irsated as documentary evidence ‘Accordingly, the Best Evidence Rule may be invoked. Best Evidence Rule (Sec. 3) The term *best’ has nothing to do with the degree of its probative value in relation to other types of evidentiary rules. It is not intended to mean the “most superior’ evidence, More accurately, itis the “original document rule” or the “primary evidence rule.” This rule appliés to documentary evidence only, or a document presented as proof of its contents. It does not apply where there is no bona fide dispute on the contents of documents and no useful purpose would be served by its production. Note: The Best Evidence appears to be 2 misnomer since it permite intreduction of secondary evidence if non-production of the original Is covered by the exceptions to the rule. General Rule: When the subject of inquiry is the contents of & document, no evidence shall be admissible other than the original document itset. Exeeptions: Those under Rule 130. Sec. 3: 4. When the orginal has been lost of destroyed, or cannot be produced in court, Without bad faith on the part of the offeror; When the criginal is in the custody or under the control of the party against whom the evidence is offered. and the latter fails to produce i after reasonable notice. Even in criminal cases, there must sil be 2 request for production of document even if it be in the possession of the accused and if he refuses to pracuce it invoking his constitutional right’ against self- ‘nerimination, then the secondary evidenos may be introduced (People Bomping, GR. NoL-24787, Maict 1926), 3. When the original consists of numerous accounts or other documents which ‘cannot he examined in court without great loss of time and the fact sought to be established from them Is only the general resutt of the whole, ‘Secondary Evidence may consist of the ‘summary of the voluminous documents or records (Herrera, Vol V, p.203). The voluminous records must, however, be made accessible to the adverse party so that the correctness of the summary may be tested on cross-examination; 4. When'the original is @ public record in the custody of 2 public officer or is recorded in a public office. Secondary Evidence may consist of the certified true copy of the document and official publication thereof (Herrera, Vol. V, p.203) Note: In addition to the Best Evidence Rule, if the document contains @ material alteration, the offeror must account for the alteration (Section 31, Rule 132) and if a portion of the document is introduced by a party, the adverse party can inquire on, oF introduce, the remaining portions of the document (Theory of indivisibility of the Evidence ~ Section 17, Rule 132). Purposes of the Best Evidence Rule: 4, To Prevent Fraud - if a party is in possession of such evidence and withholds it, and seeks to substitute inferior evidence in its place, the presumption neturally arises that the better evidence is withheld for fraudulent purposes which its production would expose and defeat 2. To Exclude cee tn asgrimnal case, 8 ae Se shegadig hve ba re oahu wa , Samer 3 3 Fe Ree ues bibon of 8 22 "y 323REMEDIAL LAW EVIDENCE With respect to telegrams and cables, on the question as to whether the dispatch sent or the dispatch received is the best evidence of the message, the better rule is thal it depends on the Issue to be proved, ‘e,, ifthe issue is the ‘contents of the telegram as received by the ‘addressee, then the original dispatch received is the best evidence; and, on the issue as to the telegram sent by the sender, the original is. the message delivered for transmission. if the issue Is the inaccuracy of transmission, both telegrams as sent and received are originals. ‘The Best Evidence Rule Does NOT Apply in the Following Cases: 1, To the existence, execution or delivery without reference to its terms; 2. To make testimony coherent and Intetigible ; 3, To admissions as to contents of writing ‘and where subject of preliminary cross- examination, to lay’ the basis for ontrontatioy 4. Where there is no bona fide dispute on the contents of documents and no useful purpose would be served by its production, Original of Documents (Sec. 4) 1. One the contents of which are the subject otinquiry, 2. When a document isin two or more copies executed at or about the same time with identical contents, all such copies are equally regarded as originals (duplicate originsis) 3. When an entry is repeated in the regular course of business, ane being copied from another at of near the time of the transaction, all the entries ere equally regarded as originals. A copy of the original document may not be used without accounting for the other oricinal copies. it must appeer that all of them have been lost or destroyed or cannat be produced before secondary evidence can be given of anyone, ‘The Rule on Duplicate Originat When a document is in two or more copies executed at or about the same time with identical contents, er Is counterpart produced by the same impression as the original, or from the same matrix, or by mechanical or electronic re-recording, or by chemical reproduction or by other equivalent techniques which accurately reproduces. the crriginal, such copies or duplicates shall be regarded as the equivalent of the original 324 Notwithstanding the foregoing, copies of duplicates shall not be admissible to the same extent as the original if 4. @ genuine question is raised as to the authenticity of the original; or 2. in the circumstances it would be unjust or inequitable to admit a copy in lieu of the original Bost Evidence Rule as applied to Electronic Documents. Original of an electronic document ‘An electronic document shail be regarded as ‘the equivalent of an original document under the Best Evidence Rule if it is printout or output readable by sight or other means, shown to reflect the data accurately (Rules on Electronic Evidence, AM, No, 01-7-01-S0, Rule 4, Sec. 7). Secondary Evidence (Sec. 3 and Secs. 5 ~ 2 4. When the original has been lost or destroyed, or cannot be produced in court without bad faith on the part of the offeror secondary proof of its contents may be allowed. Requisitos for the presentation of secondary evidence: (EEL 0) 2° Proof of existence of orginal b. Proof of execution of eriginal © Cause af unavalebity or toss of origina 4. Proof of contents through secondary bricones, ‘The EXECUTION of a document may be proven by: (E-CAPS) a Any person's who executed the pamies 10 re ere we eee foe, hg RE = sab ae aS By persons of eo ited dF 2. Way nes se signatires (Michael (vigie 2 PMP 8 the Sect abc ilot 2 dgevment ney be pend “ee ison Who knew the fat of oss: 3 sufeient ‘where the fapers of similar character “re usually kept by the