EVIDENCE
RULES 128 TO 130
Disclaimer: This is just suppletory to your other study materials since this is
basically just the lecture of Justice Aquino. J
The coverage of this lecture: Rules 128 to 130 (recitation and lecture)
RULES 128 to 130
2 things a party need not prove
(1) Judicial notice – There are issues of fact which do not need evidence, and
one of them is judicial notice. Judicial notice is a rule that allows the court to
take cognizance or evaluate a matter of fact without the need of evidence.
• Mandatory Judicial Notice
• Discretionary Judicial Notice – need for notice of hearing; the desire of the
court to take judicial notice is important
• De Parte Judicial Notice – when hearing is necessary (however, in the
amendment, there is no longer de parte judicial notice. Ilagay lang natin
dito for Justice’s happiness. Kasi if you review the first reviewer, 3 talaga
nilagay niya dun na kinds of judicial notice)
(2) Judicial admission – Any admission of a relevant fact in the course of
proceedings in court by either the party or counsel.
Example of Judicial admission
® During pre-trial the court will ask the counsels if they have a suggestion. That
suggestion will tantamount to a judicial admission.
® When a party admits, that will also be considered a judicial admission.
® When an answer is filed and fails to specifically deny, such will be deemed
admitted and is also tantamount to a judicial admission. Answer must be (1)
verified; and (2) there must be a denial under oath. If it is not under oath it is
useless because there is a presumption that it is genuine and for due
execution.
NEW RULES
Allegation to the complaint – This new rule requires that you must state the
reason why you’re denying an allegation. If you have no explanation, your denial
is void. (Please correlate this to civil procedure; see old Justice Aquino notes. If
you need it and you don’t have it yet, you can always ask me hehe)
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Complaint – Allegation of fact with evidence. Dapat attached yung complaint and
evidence together. All of the evidence and judicial affidavits are attached. So, when
the pleadings are in, the court will check if they are genuine issues. Kapag wala,
judgment or summary judgment or dismissal of the complaint na right away.
Rule 16 – Motion to Dismiss is now eliminated in the amended Rules of Civil
Procedure. So, now, there are no longer grounds to dismiss. They are now turned
into affirmative defenses.
Remember, the court can now motu proprio dismiss the case.
Extra-judicial admission – When a party makes a statement of fact orally or in
writing that can be proven by evidence, it is admissible against the declarant.
Judicial admission (again hehe) – Remember that this is the highest evidentiary
admission. Unless of course it is an injustice to the adverse party.
Q: Is a crime bound by the wrongful admission? Suppose a lawyer made an
adverse admission, is this the counsel’s fault?
A: General rule is, the lawyer can bind the client. However, if there is denial of due
process, or the lawyer is the one culpable, the client is not bound.
RULES ON ADMISSIBILITY
For evidence to be admissible, it must be?
(1) Relevant – It has a logical connection with the question of fact.
(2) Competent – It is not excluded by the law or the Rules of Court.
All pieces of evidence secured in violation of the law is inadmissible. Examples:
® Wiretapping;
® Illegal search and seizure.
Note: The amendment removed the Best Evidence Rule and changed it to Original
Document Rule.
Admissibility =/= credibility
 EVIDENCE
RULES 128 TO 130
If an evidence is admissible, it does not mean it is credible. Always remember that
the evidence must emanate from a credible mouth with a credible narrative. It must
always be both the (1) witness; and (2) story, not only one.
KINDS OF EVIDENCE WHICH ARE ADMISSIBLE
(1) Object evidence – An object evidence is an evidence which is tangible and
can be submitted in court for purposes of documentation and/or examination.
It must be tangible or able to be demonstrated in court as its relevance is needed
in court.
Examples of object evidence
® The knife that was used in the homicide
® The gun that was used in the murder
® The book that has all the plans of the conspirators
® W/N the plaintiff is in possession of the property for 30 years, and even
attested that he planted trees. The court can input if the trees in such land is
indeed 30 years old
® Blood stains or the semen stuck on the brief or panties of a rapist or rape
victim, respectively
If you file for an action for recognition, and there is an opposition ask for a DNA
testing since that is 99.9% correct.
Q: Can you compel the court for one to submit for DNA testing?
A: No. Unless, there is already a prima facie evidence (exhibit A: cause the court
can prove even without a DNA test, especially kung yung mukha nung bata
kamukhang kamukha ng ama)
(2) Demonstrative evidence
Example of demonstrative evidence
® Walang kamay yung witness tapos sabi niya grinab daw niya yung knife L
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(3) Documentary evidence – A document that consists of writings, drawings,
photographs, etc., or any material containing number, letters, etc. So, it is
okay if the document is not written on a paper, any material is okay.
Once you present a document to prove a fact or issue, it becomes a documentary
evidence.
Original Document Rule – No evidence is admissible other than the original
document itself.
Exceptions: (as per the amended Rules)
§ When the original is lost or destroyed, or cannot be produced in court, without
bad faith on the part of the offeror;
§ When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice, or the original cannot be obtained by local judicial processes or
procedures;
§ When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to
be established from them is only the general result of the whole;
§ When the original is a public record in the custody of a public officer or is
recorded in a public office; and
§ When the original is not closely related to a controlling issue.
Duplicate of the Original (new)
® Rule 130, Sec. 4(b) of the amended Rules on Evidence
® It is a counterpart produced by the same impression as the original, or from
the same matrix, or by means of photography, including enlargements and
miniatures, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which accurately reproduce
the original.
Exceptions:
(1) When there is a question regarding W/N such document is genuine. Siyempre
the duplicate will not be admitted; and
(2) If it appears to be unjust to admit the duplicate.
 EVIDENCE
RULES 128 TO 130

Multiple Admissibility of Evidence – A piece of evidence may be valid not only
to one, but two cases.
Examples
® Dying declaration (exception to the hearsay rule) – Must be made with full
consciousness of impending death. Such may be used in wills and knowing
who killed the deceased
® Res Gestae – It used to refer to a declaration that is made at an event that
proves the event happened because the words were uttered upon witnessing
the event.
(3) Collateral evidence – Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to establish the probability or
improbability of the fact in issue. Sabi nga ni Justice, ang collateral evidence
raw parang “daplis”. Hindi raw yung nakasakit, pero nadaanan.
Examples
® Pedro dies. Here, the witness told the court that he wasn’t present during the
killing, but the accused told him that “something bad will happen to Pedro
tonight”. It is logical, thus collateral. However, if it is corroborated, then it will
be admissible
® Walang marriage certificate, edi invitation ng kasal
Q: Can baptismal certificates be proof of parentage?
A: Yes. Since it is a public document, it is admissible.
RECITATION and DISCUSSION
Q: So, do you mean all documents searched are incompetent? When does it
become incompetent and competent?
A: Competent, when the requisites of evidence are complete; incompetent, when
it is not
Q: Give me an example of an unlawful search?
A: When the search is without a warrant
Q: Qualify
A: When the search is without a warrant and is not incidental to a lawful arrest
Q: Example of a relevant evidence
A: Murder, the deceased was stabbed, the knife the accused for the stabbing is
the relevant evidence
Q: So, is it relevant? What should be the predicate evidence?
A: Testimonies, facts and circumstances. It must be the same knife showed and
used in the killing.
Q: What are the types of evidence that are required for purposes of admissibility?
A: Object evidence, addressed to the senses of the court; Documentary evidence,
writing, photographs, etc.; and Testimonial Evidence, perceive, perceiving, made
known to the perception.
Object – Anything that the court can inspect or examine
Q: Example of documentary evidence not in writing?
A: CCTv, photographs
Q: What are the several types of documents? For purposes of admissibility?
A: Original document, secondary evidence, and duplicate evidence
Q: Are all documents considered documentary evidence? When does a document
become documentary evidence?
A: Once it is used to prove a question of fact.

Q: What do you understand by the term “admissibility”?

Only questions of fact can be proved by evidence.
A: Admissibility is the ability of evidence to be accepted in court
Q: To be admissible, evidence must be?
A: Relevant and competent Q: What is an electronic evidence?
Q: What is the difference between relevance and competence? A: Any probative information stored or transmitted in digital form that a party to a
A: Relevance is the logical connection of the evidence, while competence means court case may use at trial.
it should not be excluded by law or the Rules of Court Q: What makes it electronic?
Q: Example of an incompetent evidence? A: The fact that it is generated electronically and then offered to prove a fact in
A: Those in violation of the constitution issue

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 EVIDENCE
RULES 128 TO 130
Q: What is the Original Document Rule?
A: No evidence is admissible other than the original document itself.
Q: Example? When is it considered an original document?
A: When the document is the document itself or any counterpart intended to have
the same effect.
When the contents of the document is needed by courts, original lang ang pwede.
Q: Are there exceptions to the Original Document Rule?
A: Yes.
§ When the original is lost or destroyed, or cannot be produced in court, without
bad faith on the part of the offeror;
§ When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice, or the original cannot be obtained by local judicial processes or
procedures;
§ When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to
be established from them is only the general result of the whole;
§ When the original is a public record in the custody of a public officer or is
recorded in a public office; and
§ When the original is not closely related to a controlling issue.
Q: Judicial inquiry? Meaning?
A: A formal legal investigation conducted into a matter of public concern by a
judge, appointed by the government.
Q: What kind of document is needed for it to be an original evidence?
A: Any document
A plane ticket is a document, so a plane ticket can be an original evidence
Q: Promissory note? Subject sa inquiry ang contents? What does that mean?
A: It means that the issue will be “how much is the total obligation?” It is stated
there when to pay or how to pay. Here the original document or evidence is the
promissory note because all the contents needed to prove or to answer the issue
is there.
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In law, terms are important. So, you must complete the rule. There are conditions,
exceptions, general rules. This is important to know, especially in exceptions. You
must know the pre-requisite on why it is an exception.
Q: Example for the second exception?
A: When the contract of sale is in the hands of the adverse party and it cannot be
obtained.
Q: Why is it an exception? Why can’t it be introduced or produced in court?
A: Because secondary evidence na ang pwede mo ibigay kasi walang just cause
yung pag deny or pag hindi pagbigay ng original evidence kasi nga yung may
hawak yung adverse party.
Q: Example for the third exception?
A: Company tax ITRs. The court may order just the relevant ITRs, or the summary
computation.
Q: If the original consists of documents enumerating accounts; that is not really an
exception. How or when does it become an exception?
A: (1) The fact is sought by the court; (2) There is great loss of time; and (3) Only
the general result is needed, thus the summary is enough (most important).
When does Rule 130, Sec. 3(c) become an exception?
(1) When the fact of the evidence is sought by the court;
(2) When there is great loss of time if such documents will be examined; and
(3) When only the general result is needed by the court; thus, the summary is
enough**
Q: When is a document a public document?
A: When it is issued by the government
Q: How? Example?
A: When an OCT is registered in the Register of Deeds
 EVIDENCE
RULES 128 TO 130

Q: Parol evidence rule?

There is another kind of document, the official document.
Public document Official document
A document originating from a public
institution issued in the exercise of
his functions. There is special
Any document issued by a public
significance and national interest.
officer in relation to his public office
This is immediately admissible in
Courts.
Examples: Medical certificates issued Examples: Act of Congress,
by a public hospital, or BIR Judgments of Courts
In both: There is no need for authentication. All that is needed is justification.
A: The parol evidence rule forbids any addition to, or contradiction of, the terms of
a written agreement by testimony or other evidence purporting to show that
different terms were agreed upon by the parties, varying the purport of the written
contract.
Q: What is the subject of parol evidence rule?
A: The terms of the agreement
Original Document Rule (ODR) Parol Evidence Rule (PER)
The subject of Judicial Inquiry must
be either of the following: An
The subject of Judicial Inquiry is ANY
agreement, contract, or a will (the
kind of document
will part is specifically expressed in
law). This is an exclusive list.

Q: What does a duplicate, or what does duplicate mean? Q: What kind of evidence is not allowed in PER?
A: It is a counterpart produced by the same impression as the original, or from the A: Extraneous evidence (or evidence aliunde). This is an evidence which is
same matrix, or by means of photography, including enlargements and miniatures, detached from and not connected with; or a collateral evidence.
or by mechanical or electronic re-recording, or by chemical reproduction, or by Q: Can PER be given orally?
other equivalent techniques which accurately reproduce the original. A: Yes. What is important is that it should never be an evidence aliunde
Q: What is the predicate condition for it to be a duplicate?
A: It must use the “equivalent techniques” Example of PER
® A will is being probated and the heir claims that may land pa siya na wala sa
Duplicate evidence Secondary evidence will.
This is the same as the original. It is
produced or reproduced with the This is only the substitute when the Justice said that you cannot present evidence that does not appear in the
equivalent techniques which original document is unavailable. document. If it is not in the document, hindi mo pwede dagdagan or ibahin ang
accurately copies the original. nakasulat sa document. Kasi pag dinagdagan mo na parol evidence na yun.

Q: Example of duplicate evidence? Q: Are there exceptions to PER?

A: Example, when the original MOA is lost, but there is a soft copy and the person
reprints it
Q: Example of secondary?
A: If there is no baptismal certificate, the invitation for the baptismal party (as long
as the important contents, which are needed, are present)
Q: If a policeman gives you a copy of a page in a police blotter, what is that?
A: Public document. But it must be signed by the public officer in charge.
A: Yes.
§ An intrinsic ambiguity, mistake or imperfection in the written agreement;
§ The failure of the written agreement to express the true intent and agreement
of the parties thereto;
§ The validity of the written agreement; or
§ The existence of other terms agreed to by the parties or their successors in
interest after the execution of the written agreement.

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 EVIDENCE
RULES 128 TO 130

Q: Ano yung predicate requisite muna?

A: You must plead it in your answer that there is an issue that you will add in the
document.

Example of pleading
® There is a contract of land, Barangay Etc. Tapos X will buy it. However, may
same Barangay na ganun ang name. So, ano yung subject nung sale? Hindi
naman pwede dalawa yun. So, to be allowed, you plead that there is
ambiguity. O so, state mo, Barangay Etc-Makati.

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