EVIDENCE

Coverage: RULES 128-134

RULE 128 – GENERAL PROVISIONS

Evidence - is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.

Scope
General rule – it shall be the same in all courts and in all trials and hearings
Exception – when otherwise provided by the law or the Rules (e.g. Rule 1, Sec. 4).

When is evidence admissible?

1. When it is RELEVANT to the issue;
2. When it is NOT EXCLUDED by the law or the Rules (e.g. Art. 3, Sec. 2, Phil. Constitution).

When is relevancy?
When it has such a relation to the fact in issue that it induces belief as to its existence or
non-existence.

RULE 129 – WHAT NEED NOT BE PROVED

When is judicial notice mandatory?

A court shall take judicial notice, without the introduction of evidence, of the following:
1. the existence and territorial extent of states, their political history, forms of government
and symbols of nationality,
2. the law of nations,
3. the admiralty and maritime courts of the world and their seals,
4. the political constitution and history of the Philippines,
5. the official acts of legislative, executive and judicial departments of the Philippines,
6. the laws of nature,
7. the measure of time,
8. the geographical divisions.

When is judicial notice discretionary?

1. Matters which are of public knowledge,
2. Those which are capable of unquestionable demonstration
3. Those which ought to be known to judges because of their judicial functions.