Evidence Notes – Judge Justalero

Evidence – is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact (Rule 128, Section 1).

Factual Issue Legal Issue

There is a question of fact when the doubt
arises as to the truth or falsity of the alleged
facts.
Thus, the test of whether a question is one of
law or of fact is not the appellation given to
such question by the party raising the same;
rather, it is whether the appellate court can
determine the issue raised without reviewing or
evaluating the evidence, in which case, it is a
question of law; otherwise it is a question of
fact.
A question of law arises when there is doubt as
to what the law is on a certain state of facts,
while there is a question of fact when the doubt
arises as to the truth or falsity of the alleged
facts.
For a question to be one of law, the same must
not involve an examination of the probative
value of the evidence presented by the litigants
or any of them. The resolution of the issue
must rest solely on what the law provides on
the given set of circumstances.

Positive Evidence Negative Evidence

Evidence that affirms the occurrence of an
event or existence of a fact, as when a witness
declares that there was no fight which took
place.
When the evidence denies the occurrence of an
event or existence of a fact, as when the
accused presents witnesses who testify that the
accused was at their party when the crime was
committed. Denials and alibi are negative
evidences

Note: The general rule is that positive evidence prevails over negative evidence, or that a
positive assertion is given more weight over a plain denial.

Judicial Notice

When mandatory When discretionary When hearing is necessary

A court shall take judicial
notice, without the
introduction of evidence, of
the existence and territorial
extent of states, their political
history, forms of government
and symbols of nationality, the
law of nations, the admiralty
and maritime courts of the
world and their seals, the
political constitution and
A court may take judicial
notice of matters which are of
public knowledge, or are
capable to unquestionable
demonstration, or ought to be
known to judges because of
their judicial functions (Rule
129, Section 2).
. After the trial, and before
During the trial, 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.
judgment or on appeal, the
proper court, on its own
history of the Philippines, the initiative or on request of a
official acts of legislative, party, may take judicial notice
executive and judicial of any matter and allow the
departments of the parties to be heard thereon if
Philippines, the laws of nature, such matter is decisive of a
the measure of time, and the material issue in the case
geographical divisions (Rule (Rule 129, Section 3).
129, Section 1).

Two Kinds of Truth:

1. Judicial/Legal Truth
2. Actual Truth

While the purpose of evidence is to know the truth, the truth referred to in the definition is not
necessarily the actual truth but one aptly referred to as the judicial/legal truth.

When evidence is not required:

1. Facts are the subject of judicial notice

2. Facts which are admitted or which are not denied in the answer, provided they have been
sufficiently alleged.
3. Facts which are legally presumed
4. Those which are the subject of an agreed statement of facts between the parties, as well
as those admitted by the party in the course of the proceedings in the same case.
5. Facts peculiarly within the knowledge of the opposite party.
6. Allegations contained in the complaint or answer immaterial to the issue.

Object Evidence – are those addressed to the senses of the court, when an object is relevant to
the fact in issue, it may be exhibited to, examined or viewed by the court (Rule 130, Section 1).

Documentary Evidence – documents as consist of writing or any material containing letters,

words, numbers, figures, symbols or other modes of written expressions offered as proof of their
contents (Rule 130, Section 2).

Note: A document may constitute as object (real) or documentary evidence depending on the
purpose for which the document is offered.

If it is produced without regard to the message which it contains, it is treated as real evidence. In
such case the best evidence rule does not apply.

If the document is offered to prove what is written on it, its contents, then the document will be
treated as documentary evidence.
Testimonial Evidence – evidence which consists of the narration or deposition by one who has
observed or has personal knowledge of that to which he is testifying, it is furnished by the
testimony of man which may be oral or written.

Direct Evidence – evidence that can prove directly the fact for which it is offered.

Circumstantial Evidence – facts about the object are proved as a basis of inference that other
facts are true.

Independently Relevant Statements – only the fact that such statements were made is relevant,
and the truth or falsity thereof is immaterial. The hearsay rule does not apply, the statements are
admissible as evidence.

Judicial Admission – an admission verbal or written, made by a party in the course of the
proceedings in the same case, does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that no such admission was made (Rule
129, Section 4).

Parol Evidence Best Evidence Rule

Presupposes that the original document is in Contemplates a situation where the original
court. document is not available in court and/or there
is a dispute as to whether said writing is the
original.

Prohibits the varying of the terms of the Prohibits the introduction of substitutionary
written agreement. evidence in lieu of the original document
regardless of whether or not it varies the
contents of the original.

Can be invoked only when the controversy is Can be invoked by any party to an action
between the parties to the written agreement, regardless of whether such party participated or
their privies, or any party directly affected not in the writing involved.
thereby.

When can you present a copy of the documentary evidence other than the original?

Rule 130, 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.
Rule 130, 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.

Rule 130, 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.

Rule 130, 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.

Cumulative Evidence – additional evidence of the same kind bearing on the same point, e.g.
testimonies of several eyewitnesses to the same incident.

Corroborative Evidence (to confirm/ to strengthen) – additional evidence of a different kind

or character but tending to prove the same point. It is evidence which confirms or supports.

Thus: (i) the medico legal certificate describing the injuries to have been caused by a sharp
pointed instrument corroborates the statement that the accused used a knife to stab the victim (ii)
the positive results of a paraffin test corroborates the allegation that the person fired a gun and
(iii) the ballistics examination on the gun of the suspect corroborates the statement that he fired
his gun at the victim.

What is the importance of knowing the difference of cumulative and corroborative

evidence?

The court can limit the presentation of cumulative evidence, but not corroborative evidence. And
if the law requires the presentation of corroborative evidence, and there is no performance
thereof, then it lessens the weight of the previously presented evidence.

When do you make a formal offer?

The formal offer of documentary or object evidence shall be made upon the termination of the
testimony of a party’s last witness. This obviously means that this is done when a party rests its
case, and not every time the testimony of each witness is terminated.

The formal offer is made orally in open court, which shows an obvious intent to do away with
the option of filing a written formal offer of evidence allowed under existing rules. A party shall
immediately make an oral offer of evidence of his documentary or object exhibits, piece by
piece, in their chronological order, stating the purpose or purposes for which he offers the
particular exhibit.
After each piece of exhibit is offered, the adverse party shall state the legal ground for his
objection, if any, to its admission, and the court shall immediately make its ruling respecting that
exhibit.

Since the documentary or object exhibits form part of the judicial affidavits that describe and
authenticate them, it is sufficient that such exhibits are simply cited by their markings during the
offer of evidence, the objections, and the rulings, dispensing with the description of each exhibit.

Requirements for Admissibility

Inherent Requirements: Proof of (1) Relevancy and (2) Competency

Procedural Requirement: Proof of Authentication