EVIDENCE

STUDY GUIDE NO.1

I. RULE 128 GENERAL PROVISIONS

Section 1. Evidence defined. — Evidence is the means, sanctioned

by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact.

1. What is evidence?

2. In filing a civil a case, what should be the content of your

pleading/complaint? Give the legal basis for your answer.

3. Read and digest the case of Bacerra Y Tabones v. People, G.R. No.
204544, July 3, 2017. What are the circumstances in the case where
the court had the occasion to distinguish DIRECT EVIDENCE from
CIRCUMSTANTIAL EVIDENCE?

4. What is the doctrine promulgated by the Supreme Court on

conviction based on circumstantial evidence? Digest the following
cases

a. ZABALA vs. PEOPLE, G.R. No. 210760, January 26, 2015

b. TRINIDAD vs. PEOPLE, G.R. No. 192241, June 13, 2012
c. PEOPLE vs. GALLO, G.R. No. 187497, October 12, 2011
d. PEOPLE vs. ROMERO, G.R. No. 181041, February 23, 2011
e. PEOPLE vs. BAYON, G.R. No. 168627, July 2, 2010

Section 2. Scope. — The rules of evidence shall be the same in all courts
and in all trials and hearings, except as otherwise provided by law or these
rules.

5. Are the rules of procedure and evidence applicable to administrative

cases? Digest the cases of:

a. Magcamit v. IAS, PDEA, G.R. NO. 198140, January 25, 2016;

b. Dimson v. Chua, G.R. No. 192318, December 5, 2016; and
 c. Palao v. Florentino International, Inc., G.R. No. 186967,
January 8, 2017

Section 3. Admissibility of evidence. — Evidence is admissible

when relevant to the issue and not excluded by the Constitution,
the law or these Rules.

Section 4. Relevancy; collateral matters. — Evidence must have

such a relation to the fact in issue as to induce belief in its
existence or non-existence. 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.

6. Distinguish the old Section 3 of Rule 128 from the revised provision.
7. What is the EXCLUSIONARY RULE PRINCIPLE?
8. What are the evidence excluded by the 1987 Philippine Constitution?
Read and digest the cases of:
a. Comerciante v. People, G.R. No. 205926, July 22, 2015; and
b. People v. Cogaed, G.R. No. 2000334, July 30, 2014

9. What are evidence declared as inadmissible under R.A. 4200 (The

Anti Wire Tapping Law)? Cite a jurisprudence on the matter and give
its summary.

10. When is evidence deemed RELEVANT? Read and digest the

case of (OCA v. Judge Lerma, A.M. No. RTJ-07- 2076, October 18,
2010)

11. When is evidence deemed COMPETENT? Read and digest the

case of Calimag v. Heirs of Macapaz, G.R. No. 191936, June 1, 2016.

12. How do you understand the rule which states “ADMISSIBILITY

OF EVIDENCE IS NOT WEIGHT OF EVIDENCE?” Read and digest the
cases of:

a. Mancol, Jr. v. Development Bank of the Philippines, G.R. No.

204289, November 22, 2017;
 b. Lepanto Consolidated Mining Co. v.Dumapis, et al., G.R. No.
163210, August 13, 2008;

c. De Guzman v. Tumolva, G.R. No. 188072, October 19, 2011

d. People v. Callao, G.R. No. 228945, March 14, 2018

II. RULE 129 WHAT NEED NOT BE PROVED

Section 1. A court shall take judicial notice, without the

introduction of evidence, of the existence and territorial extent
ofstates, 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
history of the Philippines, the official acts of the legislative,
executive and judicial departments of the National Government of
the Philippines, the laws of nature, the measure of time, and the
geographical divisions.

13. Distinguish the old Section 1, Rule 129 from the new provision.
14. What is the purpose of the court in taking judicial notice of
certain facts?
15. The general rule is courts are not authorized to "take judicial
notice of the contents of the records of other cases even when said
cases have been tried or are pending in the same court or before the
same judge. What are the exceptions to the foregoing rule? Read
and digest the cases of:

a. Degayo v. Magbanua-Dinglasan, eet al., G.R. No. 173148, April

6, 2015; and

b. Bangko Sentral ng Pilipinas v.Legaspi, G.R. No. 205966, March

2, 2016

Section 2. Judicial notice, when discretionary. — 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.
 16. Read and digest the cases of People v. Tundag, G.R. Nos.
135695-96, October 12, 2000.

Section 3. During the pre-trial and the trial, the court, motu
proprio, or upon motion, shall hear the parties on the propriety of
taking judicial notice of any matter. Before judgment or on
appeal, the court, motu proprio or upon motion, may take judicial
notice of any matter and shall hear the parties thereon if such
matter is decisive of a material issue in
the case.
17. Distinguish the old Section 3, Rule 129 from the revised
provision.
18. Read and digest the case of Land Bank of the Philippines v.
Honeycomb Farms, Inc., G.R. No. 166259, November 12, 2012;

Section 4. An admission, oral 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 the imputed
admission was not, in fact, made.

19. Distinguish the old Section 4, Rule 129 from the revised
provision.

20. Read and digest the cases of:

a. Republic v. De Guzman, G.R. No. 175021, June 15, 2011;
b. Tan v. People, G.R. No. 218902, October 17, 2016;
c. Constantino, et al., v. Heirs of Constantino, G.R. No. 181508,
October 2, 2013;
d. Leynes v. People, G.R. No. 224804, September 21, 2014