Rule 128 1.

There is more than one circumstance

Section 1. Evidence defined. – Evidence is the 2. The fact from which inferences are derived
means, sanctioned by these rules, of are proven
ascertaining in a judicial proceeding the truth 3. The combination of all the circumstances is
respecting a matter of fact. such as to produce a conviction beyond
reasonable doubt
- Not every circumstance which affords an
inference as to the truth or falsity of a Cumulative Evidence – evidence of the same kind
matter alleged is considered evidence and character as that already given and that tend to
- It must be sanctioned or allowed by the prove the same proposition
Rules of Court Corroborative Evidence – supplementary to that
- The truth referred is not the actual truth but already given tending to strengthen or confirm it
one aptly referred to as the judicial or the
legal truth – findings of the court would Positive Evidence – when a witness affirms in the
depend on the evidence presented before it stand that a certain state of facts does not exist or
based on the accepted rules of admissibility that a certain event happened
- Evidence is required when the court has to Negative Evidence – when the witness states than an
resolve a question of fact event did not occur or that the state of facts alleged
Section 2. Scope – The rules of evidence shall to exist did not actually exists.
be the same in all courts and in all trials and
hearings, except as otherwise provided by law May the rules of evidence be waived? YES. When an
or these rules. otherwise objectionable evidence is not objected to,
- Principle of Uniformity the evidence becomes admissible because of a
CIVIL CASES CRIMINAL CASES waiver.
The party having The guilt of the
the burden of proof accused has to be Section 3. Admissibility of Evidence. – Evidence
must prove his proven beyond is admissible when it is relevant to the issue
claim by reasonable doubt. and is not excluded by the law of these rules.
preponderance of
evidence. Elements:
An offer of An offer of 1. Relevant
compromise is not compromise by the 2. Competent (not excluded by the rules)
an admission of any accused may be
liability, and is not received in evidence Two Axioms of Admissibility by Wigmore:
admissible evidence as an implied 1. That none but facts having rational
against the offeror. admission of guilt probative value are admissible – relevance
except those 2. That all facts having rational probative value
involving quasi- are admissible unless some specific rules
offenses(criminal forbids them – competence
negligence) or those
allowed by law to be Relevancy ALONE may not make the evidence
compromised. admissible.
Concept of Accused enjoys
presumption does presumption of Section 4. Relevancy; collateral matters.
not apply innocence Evidence must have such relation to the fact in
issue as to induce belief in its existence or
Proof – probative effect of evidence and is the non-existence. Evidence on collateral matters
conviction or persuasion of the mind resulting from shall not be allowed, except when it tends in
consideration of the evidence any reasonable degree to establish the
probability or improbability of the facts in
Alibi – may serve as a basis for acquittal if it can issue.
really be shown by clear and convincing evidence Relevance – deals with the rational relationship
that it was indeed physically impossible for the between the evidence and the fact to be proved.
accused to be at the scene of the crime at that time
Collateral matters – absence of a direct connection
Factum Probandum – facts to be proved between the evidence and the matter in dispute
Factum Probans – probative or evidentiary fact  Maybe admitted if it end
tending to prove an issue in any reasonable degree
to establish the probability
Direct Evidence – evidence which if believed, proves of improbability of the fact
the existence of a fact in issue without reference or in issue
presumption RULE 129
Circumstantial evidence – indirectly proves a fact in Section 1. Judicial Notice,When Mandatory. – A
issue through an inference which the fact finder court shall take judicial notice, without the
draws from the evidence established introduction of evidence, of the existence and
Sufficient if: territorial extent of states, their political
history, forms of government and symbols of
nationality, law of nations, the admiralty and
martitime courts of the world and their seals,
the political constitution and history of the
Philippines, the official acts of legislative,
executive, and judicial departments of the
Philippines, the laws of nature, measure of
time, and geographical divisions.

Function of Judicial Notice

To abbreviate litigation by the admission of matters
that need no evidence because judicial notice is a
substitute for formal proof of a matter by evidence

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.
Requisites:
1. The matter must be one of common
knowledge
2. The matter must be settled beyond
reasonable doubt
3. The knowledge must exist within the
jurisdiction of the court

Sec. 3.Judicial notice, when hearing necessary.

— 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.

After the trial, and before judgment or on

appeal, the proper court, on its own initiative or
on request of a party, may take judicial notice
of any matter and allow the parties to be heard
thereon if such matter is decisive of a material
issue in the case.

Sec. 4. Judicial admissions. — An admission,

verbal or written, made by the 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.
- An admission made in a document drafted
for purposes of filling as a pleading but
never filed, is not a judicial admission.