1.

Rules shall not be applicable to: (NICOLE)

1. Naturalization
2. Insolvency proceedings
3. Cadastral
4. Other cases
5. Land registration
6. Election Cases

2. Administrative agencies are not bound by the technical rules on evidence

-Rules shall not apply to labor tribunals

-It shall not also apply to NLRC, Board of Medicine, Civil service commission

-The NLRC is not precluded from receiving evidence for the first time on appeal

-In Labor case, it is not necessary for an affiant to appear and testify and be cross examined by
the counsel for the adverse advert on his affidavit

-Parole evidence should not be strictly applied in labor cases.

3. RULE OF UNIFORMITY - Rules on evidence shall be the same in all courts and all trials and
hearings

4. Proof is the probative effect of evidence.

-Evidence is the medium of proof

5. FALSUS IN UNO, FALSUS IN OMNIBUS

- False in one thing, false in everything.

-Seldom applied in our jurisdiction

-To completely disregard all the testimony of a witness on this ground, his testimony shall have
been false as to a material point and the witness must have a conscious and deliberate intention
to falsify a material point.

6. ALIBI

-Inherently weak and shall be rejected when the identity of the accused is satisfactorily and
categorically established by the eyewitnesses of the offense.
-Positive identification prevails over alibi

-Alibi may serve as a basis for acquittal if it can really be shown by clear and convincing
evidence that it was indeed physically impossible for the accused to be at the scene of the
crime at the time of its commission.

7. Requisites of defense of Alibi

a) presence of the accused in another place at the time of the commission of the offense; and

b) physical impossibility for him to be at the scene of the crime at the time of its commission.

8. Physical Impossibility

-refers to the distance and the facility of access between the situs criminis and the place where the
accused says he or she was when the crime was committed.

9. An alibi can exonerate an accused if it can be really shown by clear and convincing evidence that it
was indeed physically impossible for the accused to be at the scene of the crime and was somewhere far
from the crime or its immediate vicinity when the crime was committed.

10. Pp vs. Larranaga

11. Pp vs. Webb

12. Defense of Frame Up

-viewed with disfavor as it can be easily be concocted and is commonly used as a defense in most
precautions arising from the violations of the dangerous drugs act.

-The legal presumption that official duty has been regularly performed exist.

13. Self-Defense

-viewed in evidence as inherently weak because it can be easily fabricated.

Requisites:

a) Unlawful aggression on the part of the victim

b) Reasonable necessity of the means employed to prevent or repel such aggression
c) lack of sufficient provocation on the part of the person resorting to self-defense.
14. Delay and Initial Reluctance in Reporting a crime

-delayed reporting by witnesses of what they know about a crime does not render their testimonies
false or incredible for the delay may be explained by the natural reticence of most people and their
abhorrence to get involved in a criminal case. Also, there is always the inherent fear of reprisal.

15. Positive Defense- when a witness of firms in less than that a certain state of facts does exist or that a
certain event happened.

Negative Defense- when the witness states that an event did not occur to that the state of facts alleged
to exist does not actually exist.

Note: positive defenses, as a general rule, are more credible.