A.
GENERAL PRINCIPLES
1. Concept of evidence
- Evidence is the means of ascertaining in a judicial proceeding the
truth respecting a matter of fact. (R128, S1)
2. Scope of the rules of evidence
- The rules of evidence shall be the same in all courts and in all trials
and hearings, EXCEPT as otherwise provided by law or the Rules of
Court. (R128, S2)
3. Distinguish: proof and evidence
Evidence - is the means by which the fact is proved or disproved.
Proof – is the effect or result of evidence.
4. Distinguish: factum probans and factum probandum
Factum Probans – is the material evidencing the proposition. It is the
evidentiary fact by which the factum probandum is established.
--- Ex. Evidence to prove that the murder did happened (knife,
blood).
Factum Probandum – is the ultimate fact or proposition sought to be
established.
--- Ex. Murder
5. Admissibility of evidence
a. Requisites for admissibility of evidence; exclusions under the
Constitution, law, and the Rules of Court
Q: What are the Requisites for admissibility of evidence?
A: For evidence to be admissible, two elements must concur:
1) Evidence must be relevant; AND
2) Evidence is NOT excluded by the rules, or otherwise
stated, it must be competent.
Q: What is the Exclusionary Rule?
A: The Exclusionary Rule is a judicially created remedy which
provides that evidence obtained in violation of a defendant’s
constitutional rights must be suppressed from government’s case
in chief.
The exclusionary rule includes the following Constitutional Rights:
1) The right against unreasonable search and seizure;
2) The right to privacy and inviolability of communication;
3) The right of person under investigation for an offense;
4) The right against self-incrimination.
Q: What are the exceptions to the exclusionary rule?
A: The traditional exceptions to the exclusionary rule are:
1) Customs searches;
2) Searches of moving vehicles;
3) Consented searches;
4) “Stop and frisk” measures;
5) Searches incidental to lawful arrest.
Q: What is the Fruit of Poisonous Tree Doctrine?
A: According to the Fruit of Poisonous Tree Doctrine, once the
primary source (the “tree”) is shown to have been unlawfully
obtained, any secondary or derivative evidence (the “fruit”)
derived from it is also inadmissible.
b. Relevance of evidence and collateral matters
Q: Define collateral matters
ANS: Collateral Matters are those matters outside the
controversy, or are not directly connected with the principal
matter or issue in dispute, as indicated in the pleadings of the
parties.
Q: Is evidence on collateral matters allowed?
ANS: As a general rule evidence on collateral matters are NOT
allowed. It is not allowed because it does not have direct
relevance to the fact in issue.
HOWEVER, a collateral matter may be admitted if it tends in any
reasonable degree to establish the probability or improbability of
the fact in issue (R 128, S4)
c. Multiple admissibility
Q: May evidence be admissible for more than one purpose?
ANS: YES. Under the doctrine of multiple admissibility, evidence
may be admissible for several purpose. It may also be admissible
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 for one purpose and not for another. Therefore, the purpose for
which evidence is offered must be specified to enable the adverse
party to interpose the proper objections (Uniwide Sales vs. Titan-Ikeda,
GR no. 126619, Dec 20, 2006).
Note: In this frequent arising situation, the normal practice is to
admit the evidence only for the allowable purpose. For example,
a confession of an accused may NOT be competent as against his
co-accused, being a hearsay as to the said co-accused, or to prove
conspiracy between them without the conspiracy being
established by other evidence, nonetheless, the confession of the
accused may be admitted as evidence of his own guilt.
d. Conditional admissibility
Q: What is conditional admissibility?
ANS: Conditional admissibility of evidence means that evidence
which appears to be immaterial is admitted by the court subject
to the condition that its connection with other facts subsequent
to be proved will be established.
e. Curative admissibility
Q: What is the doctrine of curative admissibility?
ANS: Curative admissibility, otherwise improper, is admitted to
contradict improper evidence introduced by the other party.
f. Direct and circumstantial evidence
Q: Define direct evidence
ANS: Direct evidence means evidence which if believed, proves
the existence of a fact in issue without inference or presumption.
Q: What is meant by circumstantial evidence?
ANS: Circumstantial evidence is that evidence that indirectly
proves a fact in issue through an inference which the fact finder
draws from the evidence established (Manangan v. People, GR No.
218570, Nov 22, 2017)
Q: What are the requisites for the admissibility of circumstantial
6. Burden of proof and burden of evidence
evidence?
ANS: For such circumstantial evidence to be sufficient for
conviction, the following requisites must concur:
1. There is more than one circumstance;
2. The facts from which the inferences are derived are
proven; AND
3. The combination of all the circumstances is such as to
produce a conviction beyond reasonable doubt.
Inference CANNOT be based on other inferences.
g. Positive and negative evidence
Positive Evidence – when a witness affirms in the stand that a
certain state of facts does not exist or that a certain event
happened.
Negative Evidence – when the witness states that an event DID
NOT occur or that the state of facts alleged to exist DOES NOT
actually exist.
NOTE: Generally, the testimony of those who swear negatively
that they did not see or hear is NOT to be accorded with great
weight as testimony of equally accorded credible persons, having
the same opportunities of seeing and observing that a thing was
or was not done.
h. Competent and credible evidence
Competent Evidence – evidence is competent when it is NOT
EXCLUDED by law or rules in a particular case. [tends to prove the
matter in dispute]
Ex.  Murder weapon with the defendant's fingerprints on it.
Credible Evidence – is admissible evidence and also believable
and used by the court in deciding a case.
Ex. Physical materials presented during a trial (object used during
the commission of the crime; testimony of witnesses)
- Burden of proof is the duty of a party to present evidence on the
facts in issue necessary to establish his or her claim or defense by the
amount of evidence required by law. Burden of proof NEVER shifts.
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 - Burden of evidence is the duty of the party to present evidence
sufficient to establish or rebut a fact in issue to establish a  prima
facie case. Burden of evidence MAY shift from one party to the other
in the course of the proceedings, depending on the exigencies of the
case.  money or delivered the thing accordingly;
7. Presumptions
a. Conclusive presumptions
- The following are instances of conclusive presumptions:
(a) Whenever a party has, by his or her own declaration, act, or
omission, intentionally and deliberately led to another:
- to believe a particular thing true, and
- to act upon such belief, he or she cannot, in any litigation arising
out of such declaration, act or omission, be permitted to falsify it;
AND
(b) The tenant is NOT permitted to deny the title of his or her
landlord at the time of commencement of the relation of landlord
and tenant between them.
b. Disputable presumptions
The following presumptions are satisfactory if uncontradicted, but
may be contradicted and overcome by other evidence:
(a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his
voluntary act;
(d) That a person takes ordinary care of his concerns;
(e) That evidence willfully suppressed would be adverse if
produced;
(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the
latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt
for the later one is produced;
(j) That a person found in possession of a thing taken in the doing
of a recent wrongful act is the taker and the doer of the whole
act; otherwise, that things which a person possess, or exercises
acts of ownership over, are owned by him;
(k) That a person in possession of an order on himself for the
payment of the money, or the delivery of anything, has paid the
(l) That a person acting in a public office was regularly appointed
or elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the
Philippines or elsewhere, was acting in the lawful exercise of
jurisdiction;
(o) That all the matters within an issue raised in a case were laid
before the court and passed upon by it; and in like manner that all
matters within an issue raised in a dispute submitted for
arbitration were laid before the arbitrators and passed upon by
them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a sufficient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a
sufficient consideration;
(t) That an endorsement of negotiable instrument was made
before the instrument was overdue and at the place where the
instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the
regular course of the mail;
(w) That after an absence of seven years, it being unknown
whether or not the absentee still lives, he is considered dead for
all purposes, except for those of succession.
The absentee shall not be considered dead for the purpose of
opening his succession till after an absence of ten years. If he
disappeared after the age of seventy-five years, an absence of
five years shall be sufficient in order that his succession may be
opened.
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 The following shall be considered dead for all purposes
including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an
aircraft with is missing, who has not been heard of for four
years since the loss of the vessel or aircraft;
(2) A member of the armed forces who has taken part in
armed hostilities, and has been missing for four years;
(3) A person who has been in danger of death under other
circumstances and whose existence has not been known for
four years;
(4) If a married person has been absent for four consecutive
years, the spouse present may contract a subsequent marriage
if he or she has well-founded belief that the absent spouse is
already death. In case of disappearance, where there is a
danger of death the circumstances hereinabove provided, an
absence of only two years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in any case,
before marrying again, the spouse present must institute a
summary proceedings as provided in the Family Code and in
the rules for declaration of presumptive death of the
absentee, without prejudice to the effect of reappearance of
the absent spouse.
(x) That acquiescence resulted from a belief that the thing
acquiesced in was conformable to the law or fact;
(y) That things have happened according to the ordinary course of
nature and ordinary nature habits of life;
(z) That persons acting as copartners have entered into a contract
of copartneship;
(aa) That a man and woman deporting themselves as husband
and wife have entered into a lawful contract of marriage;
(bb) That property acquired by a man and a woman who are
capacitated to marry each other and who live exclusively with
each other as husband and wife without the benefit of marriage
or under void marriage, has been obtained by their joint efforts,
work or industry.
(cc) That in cases of cohabitation by a man and a woman who are
not capacitated to marry each other and who have acquire
properly through their actual joint contribution of money,
property or industry, such contributions and their corresponding
shares including joint deposits of money and evidences of credit
are equal.
(dd) That if the marriage is terminated and the mother contracted
another marriage within three hundred days after such
termination of the former marriage, these rules shall govern in
the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to
have been conceived during such marriage, even though it be
born within the three hundred days after the termination of
the former marriage.
(2) A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to have
been conceived during such marriage, even though it be born
within the three hundred days after the termination of the
former marriage.
(ee) That a thing once proved to exist continues as long as is usual
with things of the nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or
published by public authority, was so printed or published;
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 (hh) That a printed or published book, purporting contain reports
of cases adjudged in tribunals of the country where the book is
published, contains correct reports of such cases;
(ii) That a trustee or other person whose duty it was to convey
real property to a particular person has actually conveyed it to
him when such presumption is necessary to perfect the title of
such person or his successor in interest;
(jj) That except for purposes of succession, when two persons
perish in the same calamity, such as wreck, battle, or
conflagration, and it is not shown who died first, and there are no
particular circumstances from which it can be inferred, the
survivorship is determined from the probabilities resulting from
the strength and the age of the sexes, according to the following
rules:
1. If both were under the age of fifteen years, the older is
deemed to have survived;
2. If both were above the age sixty, the younger is deemed to
have survived;
3. If one is under fifteen and the other above sixty, the former
is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be
different, the male is deemed to have survived, if the sex be
the same, the older;
5. If one be under fifteen or over sixty, and the other between
those ages, the latter is deemed to have survived.
(kk) That if there is a doubt, as between two or more persons who
are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other, shall prove
the same; in the absence of proof, they shall be considered to
have died at the same time.  circumstances of the case, the witnesses' manner of testifying, their
c. Presumptions in civil actions and proceedings; against an accused
in criminal cases
Q: What is the effect of a Presumptions in civil actions and
proceedings?
ANS:
- In all civil actions and proceedings not otherwise provided for by
the law or the Rules of court, a presumption imposes on the party
against whom it is directed the burden of going forward with
evidence to rebut or meet the presumptions. 
- If presumptions are inconsistent, the presumption that is
founded upon weightier considerations of policy shall apply.
- If considerations of policy are of equal weight, neither
presumption applies.
Q: What is the effect of a presumption against the accused in a
criminal case?
ANS:
- If a presumed fact that established guilt, is an element of the
offense charged, or negates a defense, the existence of the basic
fact must be proved beyond reasonable doubt and the presumed
fact follows from the basic fact beyond reasonable doubt.
8. Construction of the rules of evidence
9. Quantum of evidence
Q: What is quantum of evidence?
ANS: Quantum of evidence is the weight of evidence required to
discharge the burden of proof.
Q: What is the quantum of evidence in civil cases and how is it proved?
ANS:
- In civil cases, the party having the burden of proof must establish his or
her case by a preponderance of evidence.
- In determining where the preponderance or superior weight of evidence
on the issues involved lies, the court may consider all the facts and
intelligence, their means and opportunity of knowing the facts to which
there are testifying, the nature of the facts to which they testify, the
probability or improbability of their testimony, their interest or want of
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 interest, and also their personal credibility so far as the same may
legitimately appear upon the trial.
- The court may also consider the number of witnesses, though the
preponderance is not necessarily with the greater number.  2) Their Political history, forms government, and symbols of
Q: What is the quantum of evidence in criminal case?
ANS:
- In a criminal case, the accused is entitled to an acquittal, unless his or
her guilt is shown beyond reasonable doubt.
- Proof beyond reasonable doubt does not mean such a degree of proof,
excluding possibility of error, produces absolute certainly.
- Moral certainly only is required, or that degree of proof which produces
conviction in an unprejudiced mind.
Q: What is the quantum of evidence in case before administrative
bodies or quasi-judicial bodies?
ANS:
- In cases filed before administrative or quasi-judicial bodies, a fact may
be deemed established if it is supported by substantial evidence, or that
amount of relevant evidence which a reasonable mind might accept as
adequate to justify conclusion.
B. JUDICIAL NOTICE AND JUDICIAL ADMISSION
1. What need to be proved
Q: What are matters need not be proved?
ANS: The following matters need not be proved:
1) Facts which are subject of Judicial notice;
2) Facts which are Admitted;
3) Matters not Specifically denied in the answer;
4) Facts which are legally Presumed;
5) Those which are subject of an Agreed statement of facts
between the parties.
2. Matters of judicial notice
a. Mandatory
Q: When is judicial notice mandatory?
ANS: The court shall take judicial notice of the following: (EP-
NAPON-TG)
1) The Existence and territorial extent of states;
nationality;
3) The law of Nations;
4) The Admiralty and maritime courts of the world and their
seals;
5) The Political constitution and history of the Philippines;
6) The Official acts of the legislative, executive and judicial
departments of the National Government of the
Philippines;
7) The Laws of the Nature;
8) The measure of Time; and
9) The Geographical divisions.
b. Discretionary
Q: When is judicial notice discretionary?
ANS: Judicial notice is discretionary in the following matters:
1) Matters which are of Public knowledge;
2) Matters capable of unquestionable Demonstration; and
3) Matters ought to be known to judges because of their
judicial Functions.
3. Judicial admissions (R129)
a. Effect of Judicial admissions
Q: What is judicial admission?
ANS: Judicial admission – is an admission, oral or written, made
by the party in the course of the proceedings in the same case,
does not require proof.
Q: What is the effect of judicial admissions?
ANS: Judicial admission has the following effects:
1) A matter admitted need no longer be proved;
2) The matter admitted cannot be contradicted because
they are conclusive upon the party making it.
b. How judicial admissions may be contradicted
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 Q: How may judicial admissions be contradicted?
ANS: Judicial admissions may be contradicted in the following
instances:
1) Admission was made through palpable mistake; OR
2) Imputed admission was NOT in fact made.
c. Pre-trial admissions
- During pre-trial and the trial, the court, motu propio 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 propio 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.
C. OBJECT (REAL) EVIDENCE
1. Nature of object evidence
Q: What is object evidence?
A: Objects as evidence are those addressed to the senses of the
court. When an object is relevant to the facts in issue, it may be
exhibited to, examined or viewed by the court.
2. Requisites for admissibility
Q: State the requisites for admissibility of object evidence?
A: The are the following: (RAWFA)
1) The object must be Relevant to the fact in issue;
2) The object must be Authenticated before it is admitted;
3) The authentication must be made by a competent Witness;
4) The object must be Formally offered in evidence; and
5) It must meet any other Additional requirement set by law.
3. Categories of object evidence
Q: What are the categories of object evidence?
A: They are the following:
1) Unique Objects – objects that have readily identified marks;
2) Objects made Unique – objects that are made readily
identifiable; and
3) Non-unique objects – objects with no identifying marks and
cannot be marked
4. Chain custody in relation to Section 21 of the Comprehensive
Dangerous Drugs Act of 2002
Chain of Custody in Drug-related Cases
- The prosecution must account for the custody of the incriminating
evidence from the moment of seizure and confiscation until the
moment it is offered in evidence.
- That account goes to the weight of evidence.
- It is not enough that the evidence offered has probative value on the
issues, for the evidence must also be sufficiently connected to and
tied with the facts in issue.
- The evidence is not relevant merely because it is available but that it
has an actual connection with the transaction involved and with the
parties thereto.
- This is the reason why authentication and laying a foundation for
the introduction of the evidence are important.
NOTE: The existence of the drug is the very corpus delicti of the
crime of illegal possession of dangerous drugs, and, thus, a condition
sine quo non for conviction.
Marking of Evidence
- The first stage in the chain custody of the dangerous drugs and
related items.
- It is the affixing on the dangerous drugs or the poseur-buyer of his
initials or signature or other identifying signs, and should be made in
the presence of the apprehend violator immediately upon arrest.
How Chain of Custody is Observed
1) Apprehending team shall make physical inventory and
photograph of the objects seized in the presence of the:
a) accused or his representative or counsel,
b) representative from the media,
c) representative from the National Prosecution Service;
and
d) any elected public official.
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 2) The objects seized must be submitted to the PDEA for
qualitative and quantitative examination within 24 hours.
3) A certification of the results must be issued by the forensic
laboratory within 24 hours after receipt.
4) If volume does not allow completion of testing within the
time frame, partial results may be issued. Thereafter, the
completed result must be issued within the next 24 hours.
5) Ocular inspection by the court within 72 hours after filing the
criminal case. Destruction or burning of the objects shall
proceed through PDEA.
6) Issuance by the Board of a sworn certificate of the fact of
destruction or burning to be submitted to the court.
7) The alleged offender, his representative our counsel is
allowed to personally observe the proceedings. Their
presence is not an admission of guilt to the commission of the
crime.
Non-compliance with the Doctrine of Chain of Custody
It is not fatal and will not make the accused’s arrest illegal or render
inadmissible the items seized or confiscated from him, provided: (JP)
1) There is justifiable ground for the non-compliance; and
2) The integrity and evidentiary value of the items are properly
preserved.
5. DNA Evidence
a. Meaning of DNA
- “DNA” means deoxyribonucleic acid, which is the chain of
molecules found in every nucleated cell of the body. The totality
of an individual’s DNA is unique for the individual, except
identical twins;
- “DNA evidence” constitutes the totality of the DNA profiles,
results and other genetic information directly generated from
DNA testing of biological samples;
b. Application for DNA testing Order
- The appropriate court may, at any time, either motu proprio or
on application of any person who has a legal interest in the
matter in litigation, order a DNA testing.
Such order shall issue after due hearing and notice to the parties
upon a showing of the following:
1) A biological sample exists that is relevant to the case;
2) The biological sample:
(i) was not previously subjected to the type of DNA testing
now requested; or
(ii) was previously subjected to DNA testing, but the results
may require confirmation for good reasons;
3) The DNA testing uses a scientifically valid technique;
4) The DNA testing has the scientific potential to produce
new information that is relevant to the proper resolution
of the case; and
5) The existence of other factors, if any, which the court may
consider as potentially affecting the accuracy of integrity
of the DNA testing.
This Rule shall not preclude a DNA testing, without need of a prior
court order, at the behest of any party, including law
enforcement agencies, before a suit or proceeding is
commenced. (Rules on DNA Evidence, S4)
NOTE: If the court finds that the requirements in Section 4 hereof
have been complied with, the court shall –
a. Order, where appropriate, that biological samples be
taken from any person or crime scene evidence;
b. Impose reasonable conditions on DNA testing designed to
protect the integrity of the biological sample, the testing
process and the reliability of the test results, including the
condition that the DNA test results shall be simultaneously
disclosed to parties involved in the case; and
c. If the biological sample taken is of such an amount that
prevents the conduct of confirmatory testing by the other
or the adverse party and where additional biological
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 samples of the same kind can no longer be obtained, issue
an order requiring all parties to the case or proceedings to
witness the DNA testing to be conducted.
An order granting the DNA testing shall be immediately executory
and shall not be appealable. Any petition for certiorari initiated
therefrom shall not, in any way, stay the implementation thereof,
unless a higher court issues an injunctive order. The grant of DNA
testing application shall not be construed as an automatic
admission into evidence of any component of the DNA evidence
that may be obtained as a result thereof. (Rules on DNA Evidence,
S5)
c. Post-conviction DNA testing; remedy
- Post-conviction DNA testing may be available, without need of
prior court order, to the prosecution or any person convicted by
final and executory judgment provided that:
(a) a biological sample exists,
(b) such sample is relevant to the case, and
(c) the testing would probably result in the reversal or
modification of the judgment of conviction. (Rules on DNA
Evidence, S6)
- Remedy if the Results Are Favorable to the Convict. – The
convict or the prosecution may file a petition for a writ of habeas
corpus in the court of origin if the results of the post-conviction
DNA testing are favorable to the convict.
In the case the court, after due hearing finds the petition to be
meritorious, if shall reverse or modify the judgment of conviction
and order the release of the convict, unless continued detention
is justified for a lawful cause.
A similar petition may be filed either in the Court of Appeals or
the Supreme Court, or with any member of said courts, which
may conduct a hearing thereon or remand the petition to the
court of origin and issue the appropriate orders. (Rules on
Evidence, S10)
d. Assessment of probative value of DNA evidence and admissibility
In assessing the probative value of the DNA evidence presented,
the court shall consider the following:
1) The chair of custody, including how the biological samples
were collected, how they were handled, and the possibility
of contamination of the samples;
2) The DNA testing methodology, including the procedure
followed in analyzing the samples, the advantages and
disadvantages of the procedure, and compliance with the
scientifically valid standards in conducting the tests;
3) The forensic DNA laboratory, including accreditation by
any reputable standards-setting institution and the
qualification of the analyst who conducted the tests. If the
laboratory is not accredited, the relevant experience of the
laboratory in forensic casework and credibility shall be
properly established; and
4) The reliability of the testing result, as hereinafter provided.
The provisions of the Rules of Court concerning the appreciation
of evidence shall apply suppletorily. (Rules on DNA Evidence, S7)
e. Rules on evaluation of reliability of the DNA testing methodology
- In evaluating whether the DNA testing methodology is reliable,
the court shall consider the following:
1) The falsifiability of the principles or methods used, that is,
whether the theory or technique can be and has been
tested;
2) The subjection to peer review and publication of the
principles or methods;
3) The general acceptance of the principles or methods by
the relevant scientific community;
4) The existence and maintenance of standards and controls
to ensure the correctness of data generated;
5) The existence of an appropriate reference population
database; and
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6) The general degree of confidence attributed to
mathematical calculations used in comparing DNA profiles
and the significance and limitation of statistical
calculations used in comparing DNA profiles.
(Rules on DNA Evidence, S8)

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