You are on page 1of 6

Evidence Midterms Reviewer Richard Allan A.

Lim
Evidence - covers Rule 128 to 134 of the Rules of Court b. Circumstantial evidence - the existence of particular
Why is it necessary to study evidence? fact in dispute may be inferred as necessary or
- There is a need to ascertain which kind of evidence probable consequence
would be admissible in court i. There should be more than one circumstance
ii. Associated to the fact
Scope of evidence
iii. Must be related to each other and connected
1. Manner of presentation
iv. The observed fact and to how the same is
2. Fixing of the qualification of witnesses and the mode associated or related to the presumption through
of examination of the same the use of inferences or presumptions
3. Determining which are evidential and which are not v. There is no other contrary circumstantial evidence
received as evidential
vi. There must be a chain or
Rule 128 interconnectiveness
Sec. 1. Evidence defined - Evidence is the means, c. Positive evidence and Negative evidence
sanctioned by there Rules, of ascertaining in a judicial i. Positive evidence affirms the fact (given more
proceeding the truth respecting a matter of fact weight that negative evidence
- Sanctioned by the Rules of Court ii. Negative evidence states the fact did not occur
- Judicial proceedings refer to those done due to judicial 5. Rebutting evidence - given to repel, counter, or
conflict disprove facts given in evidence by the opposing party
- Matter of facts in civil cases refer to the right pleaded by 6. Primary and Secondary evidence
the complainant and the denial of the defendant a. Primary evidence - affords greatest certainty in fact
b. Secondary evidence - inferior to primary evidence
Factum Probandum (proposition sought to be proved) ----> (Best evidence rule)
Factum Probans (the evidentiary fact)
i. For Documentary evidence - if primary evidence is
available, then secondary evidence is inadmissible
Proof - the result of evidence
ii. For Testamentary evidence - there is no rule of
Rules of evidence: exclusion (primary does not exclude secondary)
1. Rules of probative policy but there would be an issue with respect to the
probative value or the weight (creating issue as to
a. Exclusionary Rules the suppression of facts)
b. Preferential Rules iii. For real evidence - actual object would be
c. Analytic Rules - subjects certain kinds of evidence to the best evidence, but there are circumstances
scrutiny to expose possible weaknesses and where such would be impractical or implausible
shortcomings (ex. cadaver in case of proving death of person)
d. Prophylactic Rules - certain measures to prevent risk, 1. Expert evidence
falsity or mistake a. Comes from one who possesses knowledge to a
e. Quantitative Rules - requires certain kind of evidence particular subject or department of human activity
be produced in a certain quantity which is not usually acquired by another person
2. Rule of extrinsic policy - exclusion of certain kinds of b. Should show credentials
evidence due to certain rules which are superior or more
paramount importance are either absolute or conditional
8. Prima facie evidence - standing alone unexplained or
uncontroverted would be sufficient to prove or maintain the
proposition affirmed
Kinds of evidence
1. Relevant evidence - having any value in reason or
9. Conclusive evidence
tending to prove any matter provable in the action 10. Cumulative evidence - additional evidence of the
2. Material evidence - when it is directed to prove a fact same kind bearing on the same point.
or issue or determined by the Rules of substantive law and a. If they are going to present witnesses who will present
pleadings the same facts, then they can limit the number of
3. Competent evidence - that which is not excluded by witnesses to be presented.
law or by the Rules in a particular case b. The single straightforward testimony of the witness, if
4. Direct and circumstantial evidence uncontroverted, can serve to convict the accused
a. Direct evidence - that which proves a fact in case 1. Corroborative evidence - a different kind of evidence
ending to prove the same point
without the need for inference or presumption
Forms of evidence
1. Testimonial
For personal use only. Unauthorized distribution prohibited

1
Evidence Midterms Reviewer Richard Allan A. Lim
2. Documentary Different kinds of admissibility
3. Real 1. Multiple admissibility - satisfies requirements for
admissibility for the purpose intended, then it may be
Sec. 2. Scope - The rules of evidence shall be the same in all admitted despite the fact it is not admissible for other
courts and in all trials ad hearings, except as otherwise purposes
provided by law or these Rules 2. Conditional Admissibility - may appear to be
1. Refers to certain cases and certain proceedings inadmissible unless so connected with the facts to be
2. The rules of admissibility are the same, if there are subsequently proven
any difference with respect to criminal cases it is due to the 3. Curative admissibility - failure to object to evidence
particular circumstances of the case improperly admitted does not allow adverse party to present
3. In administrative hearings, the philosophy is that all rebuttal evidence unless there would be prejudice in favor
relevant evidence should be admitted if it is the sort of of adverse party (cure the improper admission of evidence)
evidence on which responsible persons are accustomed to
rely in the conduct of serious affairs Best evidence rule (see Rule 130).
1. For Documentary evidence - if primary evidence is
Various weights of evidence (see Rule 132) available, then secondary evidence is inadmissible
1. Preponderance of evidence - evidence of greater 2. For Testimonial evidence - there is no rule of
weight or which is more convincing than one offered in exclusion (primary does not exclude secondary) but there
proposition would be an issue with respect to the probative value or the
2. Proof beyond reasonable doubt - requires only moral weight (creating issue as to the suppression of facts)
certainty that degree of proof which produces a conviction 3. For real evidence - actual object would be the best
in an unprejudiced mind evidence, but there are circumstances where such would be
3. Substantial evidence - amount of evidence which a impractical or implausible (ex. cadaver in case of proving
reasonable mind might accept as adequate to justify a death of person)
conclusion
Section 4. Relevancy; collateral matters. Evidence must
Section 3. Admissibility of evidence. Evidence is have such a relation to the fact in issue as to induce belief in
admissible when it is relevant to the issue and is not excluded its existence or non-existence. Evidence on collateral matters
by the law of these rules. (3a) shall not be allowed, except when it tends in any reasonable
degree to establish the probability or improbability of the fact
Factors that determine the admissibility of evidence in issue. (4a)
1. Competency - determined by the law or the Rules of
Collateral Matters - not allowed unless would so establish the
Court probability or improbability of the fact
2. Relevancy - determined by common sense, hence no 1. Antecedent - before the act (Motive, Character, Plan,
hard and fast rule to determine the same. Threat, Conspiracy)
Weight of the evidence 2. Concomittant - at the same time (Opportunity,
Incompatibility, Alibi)
1. There is no hard and fast rule as to weight of
evidence 3. Subsequent - after the act (Flight, Non-flight,
Fingerprints and materials left after)
2. Determined at the time the case is submitted for
judgment (when parties have rested their case) Collateral Matter of Character of the Witness
3. Documentary evidence is given greater weight since 1. As a general rule, it is inadmissible in civil cases,
there is written, hard copy of the same. except when when pertinent to issue involved in the case
4. With respect to brother vs. third person in case of a 2. As a general rule, evidence relating to the character
crime, third person is given more weight since they are of a witness when it comes to criminal cases, except when
disinterested persons it would tend to prove the probability or improbability of
the allegations in the complaint
Offer of evidence
3. Offended party may present evidence to show good
1. Testimonial
or bad moral character of witness
a. When called to testify 4. Exceptions to rule on admissibility of evidence of
b. Should state purpose of testimony character ofwitness are found under Sec. 51 of Rule 130
2. Documentary and Real a. When pertinent to the moral trait involved in the act
a. After all testimonial witnesses have been presented and complained of
before party rests its case b. The prosecution may present rebuttal evidence when
the accused presents evidence to show the good moral

For personal use only. Unauthorized distribution prohibited

2
Evidence Midterms Reviewer Richard Allan A. Lim
character which would prove that they are incapable of b. If there is a palpable mistake in the pleadings, the
committing the act complained of remedy would be file motion to amend pleading with
c. See Sec. 51 (3), Rule 130 - where criminal law should leave of court
be construed liberally in favor of the accused c. The subsequent complaint supersedes the original
complaint, and all allegations in the original complaint
Alibi - should be proven by clear, convincing, satisfactory and are deemed extrajudicial admissions and shoold be
positive evidence formally offered in evidence
1. Financial condition and ability 2. In open court
2. Physical condition a. Motion for exclusion to remove certaina admissions
3. Distance b. Agreements of facts form part of judicial admissions,
4. Testimony of witnesses i. Usually done in pre-trial (should be in writing)
ii. Compromise agreements can also form part of
RULE 129 judicial admissions
What Need Not Be Proved
1. However, mediatable offenses which undergo
compromise agreements only refer to the civil
aspect
Section 1. Judicial notice, when mandatory. A court shall
take judicial notice, without the introduction of evidence, of 3. Implied judicial admissions
the existence and territorial extent of states, their political a. In pleadings
history, forms of government and symbols of nationality, the i. When the party does not make specific denial to
law of nations, the admiralty and maritime courts of the world the allegations made of the opposing party in
and their seals, the political constitution and history of the their pleadings, allegations not specifically
Philippines, the official acts of legislative, executive and denied are deemed admitted
judicial departments of the Philippines, the laws of nature, the ii. When action is founded upon a written
measure of time, and the geographical divisions. (1a) document, admitted unless there is specific
denial on the due execution of the document
Section 2. Judicial notice, when discretionary. A court may
b. Lawyers are bound by the admissions made by their
take judicial notice of matters which are of public knowledge,
witnesses, unless such witness is a hostile witness (the
or are capable to unquestionable demonstration, or ought to be
court is informed that such witness is hostile before
known to judges because of their judicial functions. (1a)
they testify
Section 3. Judicial notice, when hearing necessary. During 4. Admissions too expedite proceedings
the trial, the court, on its own initiative, or on request of a a. Corroborative witnesses
party, may announce its intention to take judicial notice of any b. Forensic evidence
matter and allow the parties to be heard thereon. i. Expertise of witness but has no personal
After the trial, and before judgment or on appeal, the proper knowledge
court, on its own initiative or on request of a party, may take ii. Competency of witness (not to show that the
judicial notice of any matter and allow the parties to be heard
accused or defendent committed the act)
thereon if such matter is decisive of a material issue in the
case. (n) c. Judgment on the pleadings
i. Admits all the allegations on the pleadings
Section 4. Judicial admissions. An admission, verbal or ii. If there are confusions as to the admissions, the
written, made by the party in the course of the proceedings in judge should clarify it by setting the same for trial
the same case, does not require proof. The admission may be iii. For the purpose of expediting proceedings
contradicted only by showing that it was made through 1. There is no judgment on the pleadings for
palpable mistake or that no such admission was made. (2a) criminal cases
Effect of judicial admissions 2. Confession of guilt - admission of the entirety
of the allegation
1. No need to prove them anymore unless they are made
through palpable mistake (it is up to the discretion of the RULE 130
court whether admitted as palpable mistake) Rules of Admissibility
2. They are deemed admitted without need for proof A. OBJECT (REAL) EVIDENCE
Section 1. Object as evidence. Objects as evidence are
Kinds of judicial admissions those addressed to the senses of the court. When an object is
1. In pleadings relevant to the fact in issue, it may be exhibited to, examined
a. Allegations are to be taken as a whole, not just parts of or viewed by the court. (1a)
it

For personal use only. Unauthorized distribution prohibited

1
Evidence Midterms Reviewer Richard Allan A. Lim
Sources of Real Evidence a. Should be authenticated - be what they purport to be
1. Testimonial i. To prevent introduction of object which is different
2. Circumstancial from what is being testified about
3. Real ii. To ensure that there had been no significant
a. Requirements for admissibility changes to the objects condition
i. Must be releveant 9. Tape recordings (requirements)
ii. Must be competent a. Device capable of taking testimony
iii. Must be authenticated - show that they are b. Person taking it was competent to operating it
what they purport to be c. Recording authenticated and duly preserved
iv. By competent witness (having personal d. Testimony was voluntarily made
knowledge or by chain of custody) e. Speaker correctly identified
v. Must be formally offered in evidence 10. Demonstrative evidence - experiments
11. Scientific evidence
Types of Real Evidence
a. Should be conducted in a substantially similar
1. Documents condition to the actual event being litigated
a. when the issue is the existence or condition of the
document, it is real evidence and no need to apply best Types of authentication
evidence rule 1. Testimony of person familiar to the said object
b. When the issue involved is the contents, then such falls 2. Chain of custody
under documentary evidence, hence the best evidence
rule applies Electronic evidence
2. Exhibition of injuries 1. Presented, displayed, shown to the court
3. Personal Appearance 2. Identified, explained and authenticated by either
a. Court can compel the physical and mental examination a. Person who made the recording
of witnesses pursuant to Rule 28
b. Person competent to testify on tthe accuracy
b. Party will move for the examination of said witness
(requirements) Categories of object evidence
i. Physical and mental condition of witness is at 1. Having readily identifiable marks
issue
2. Having made readily identifiable
ii. Necessary for the ends of justice
3. Having no identifiable marks and cannot be marked
iii. There should be notice to the other party
iv. Proper scope of examinations is made
known Real evidence
v. Time, place and coverage of examination is given 1. How is real evidence acquired - by viewing (using
a. Rule against self-incrimination applies to testimonial the senses)
evidence only except when act to be done requires the a. Limitations to real evidence
exercise of mental faculties i. Not contrary to sensibilities
4. Inspection of body ii. Not contrary to morals
5. Photographs, tape recordings and films b. However, in the interest of substantive justice, such
a. Requirements for authentication of Photographs limitations may be disregarded
i. Testimony of person who took said picture 2. Testimony as to age
ii. Must show that it faithful reproduction of the a. Between child and the judge, child is given credence
person or object depicted due to rule on favorability towards accused or
a. For X-rays defendent
i. Tesimony of person who took said x-ray b. Between parent and child, usually parents are given
ii. Must show that they are skilled in taking said x- more credence given that they know circumstances of
ray birth of child
iii. Must also show that they are competent to 3. Ocular inspections are a form of presentation of
testify on it evidence outside the court (example is issue of right of
6. Maps and diagrams way)
7. Charts and tables 4. Should be with notice to parties regarding the
inspection in order for the same to be admissible in court
8. Paintings, drawings

For personal use only. Unauthorized distribution prohibited

2
Evidence Midterms Reviewer Richard Allan A. Lim
5. Before offering in evidence, object evidence should a. Lost or destroyed without bad faith on the part of the
first be identified offeror
a. Offered after the offering of testimonial evidence i. To prove that the document was lost, there must be
b. Objection to the admission should be done when they testimony on the part of persons who have
are offered personal knowledge on the loss of the thing and
that it cannot be found despite reasonable
B. DOCUMENTARY EVIDENCE diligence of searching
Section 2. Documentary evidence. Documents as evidence 1. Fact that document was lost
consist of writing or any material containing letters, words, 2. Diligent search for original document
numbers, figures, symbols or other modes of written 3. Testimony of witnesses to the due execution
expression offered as proof of their contents. (n) of the document
1. Best Evidence Rule
a. Persons who executed the document
Section 3. Original document must be produced; exceptions. b. Persons who served as witnesses to
When the subject of inquiry is the contents of a document, execution of the document
no evidence shall be admissible other than the original c. Person who notarized the document
document itself, except in the following cases: d. Persons who later saw the documentt and
(a) When the original has been lost or destroyed, or cannot be recognized the signatures
produced in court, without bad faith on the part of the offeror; e. Persons upon whom the parties
(b) When the original is in the custody or under the control of previously confessed the execution of the
the party against whom the evidence is offered, and the latter document
fails to produce it after reasonable notice;
(c) When the original consists of numerous accounts or other
v. What if the same is part of the public record but
was lost
documents which cannot be examined in court without great
loss of time and the fact sought to be established from them is 1. Should have written certification that no such
only the general result of the whole; and document is existing in the custody of public
(d) When the original is a public record in the custody of a officers (if more than one officer, should be all
public officer or is recorded in a public office. (2a) of tnem)
Section 4. Original of document. i. If there are several documents or copies, it should
(a) The original of the document is one the contents of which be shown that they were all lost
are the subject of inquiry. a. Under the custody of person against whom the
(b) When a document is in two or more copies executed at or evidence is offered ad he fails to present it within a
about the same time, with identical contents, all such copies reasonable period of time
are equally regarded as originals. i. Requisites
(c) When an entry is repeated in the regular course of 1. Made upon motion
business, one being copied from another at or near
the time of the transaction, all the entries are likewise
2. Upon good cause
equally regarded as originals. (3a) 3. Other party given reasonable time to produce
the document(s)
Documentary evidence 4. Must be given notice to produce it
1. Covered by the best evidence rule if the issue is the ii. If opposing party failed to produce it, then
contents of the document secondary evidence may be presented
2. The original document is the one whose contents is iii. Opposing party estopped from objecting to
the subject matter of inquiry presentation of secondary evidence after failing to
a. Does not mean it is always the first document. It produce original document
depends on the issue sought to be proven b. Consists of voluminous accounts that would cause
i. Example: Libel great loss of time to examine and what is sought to be
proven is only the general result (example is audit)
ii. If sought to be proven is the author, then the
original manuscript is the original document i. Documents should be voluminous
iii. But if what is sought to be proven is the ii. Open to examination by parties
publication, the first published copy is the original iii. Persons who testifies on documents should
document be skilled in the field of the documents sought to
b. Carbon copies are original documents since they were be proven (hence, must be subject to cros
made at the same time for the same act iv. And he must be the one who conducted the
3. General rule under Best Evidence Rule: Original examination and created the documents
document should be presented. Exceptions are (Rule 130 c. Public record in the custody of public officers
Sec. 3):
For personal use only. Unauthorized distribution prohibited

1
Evidence Midterms Reviewer Richard Allan A. Lim
i. Copy of said document should be attested or
authenticated by the said officers

2. Secondary Evidence
Section 5. When original document is unavailable. When
the original document has been lost or destroyed, or cannot be
produced in court, the offeror, upon proof of its execution or
existence and the cause of its unavailability without bad faith
on his part, may prove its contents by a copy, or by a recital of
its contents in some authentic document, or by the testimony
of witnesses in the order stated. (4a)
Section 6. When original document is in adverse party's
custody or control. If the document is in the custody or
under the control of adverse party, he must have reasonable
notice to produce it. If after such notice and after satisfactory
proof of its existence, he fails to produce the document,
secondary evidence may be presented as in the case of its loss.
(5a)
Section 7. Evidence admissible when original document is a
public record. When the original of document is in the
custody of public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by the
public officer in custody thereof. (2a)
Section 8. Party who calls for document not bound to offer it.
A party who calls for the production of a document and
inspects the same is not obliged to offer it as evidence. (6a)

Secondary evidence
1. Kind of secondary evidence
a. Copy of document (Best)
b. Recital of contents (Better)
c. Recollection of witness (Good)
2. Order of presentation as to proving loss and contents
a. Existence of document
b. Execution
c. Loss
d. Contents
3. Two schools of thought as to presentation of
secondary evidence
a. Existence of best secondary evidence excludes the
inferior one
b. Parties can present in order but subject to objection of
opposing party.

For personal use only. Unauthorized distribution prohibited