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CHAPTER I 1 PRELIMINARY CONSIDERATION ground of newly discovered evidence, the concurrence of the following conditions must be obtained: (a) the evidence must have been discovered after trial; (b) the evidence could not have been discovered at the trial even with the exercise of reasonable diligence; (c) the evidence is material, not merely cumulative, corroborative, or impeaching; and (d) the evidence must affect the merits of the case and produce a different result if admitted. (Briones vs. People, G.R. No. 156009, June 5 2009, Second Division, J.) (ED prot beyond i ¥ er evden 8. Hierarchy of Evidentiary Values. © ama of eee ve In the hierarchy of evidentiary values, proof beyond reasonable doubt is at the highest level, followed by clear and convincing evidence, then by preponderance of evidence, and lastly by substantial evidence, in that order. (Manalo vs. Roldan- Confessor, G.R. No. 102358, November 19, 1992 cited in Sheryl C. Dela Cruz vs. Pamela P. Malunao, A.M. No. P-11-3019, March 20, 2012, Per Curiam) 9. What are the Sources of the Rules on Evidence? The sources of the rules on evidence are as follows: a) 1987 Constitution; b) Rules 128 to 134 of the Rules of Court; c) Resolution of the Supreme Court dated March 14, 1989 on the proposed rules on evidence; d) Judicial Affidavit Rule (A.M. No. 12-8-8-SC, effective January 1, 2013); e) Child Witness Examination Rule (A.M. No. 004-07-SC, December 15, 2000); f) DNA Evidence Rule (A.M. No. 06-11-5-SC, October 15, 2007); g) Electronic Evidence Rule (A.M. No. 01-7-01-SC); h) Rule 115 of the Rules on Criminal Procedure; i) R.A. 4200 otherwise known as the Anti-Wire Tapping Act; j) R.A. 9372, otherwise known as the Human Securities Act;

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