RULES OF EVIDENCE:

 Rules of Evidence is part of the Rules of Court

 Rules of Court – is composed of 5 parts

I. Civil Procedures
II. Special Proceedings & Provisional Remedies
III.Criminal procedures
IV. Rules of Evidence
V. Legal Ethics

 Rules of Evidence – is composed of 7 Rules

VI. Rule 128 – General Provisions
VII. Rule 129 – Evidence that need not be proven
VIII. Rule 130 – Rules of Admissibility
IX. Rule 131 – Burden of proof and
Presumptions
X. Rule 132 – Presentation of Evidence
XI. Rule 133 – Weight and Sufficiency of
Evidence
XII. Rule 134 - Perpetuation of Testimony

 Rule 128, Sec. 1

Evidence – means sanction by the Rules, of
ascertaining in a judicial proceeding the truth
respecting a matter of fact means by which any
matter of fact, the truth of which is submitted to
investigation, may be established or disproved.

 FACTUM PROBANDUM & FACTUM PROBANS

 FACTUM PROBANDUM - it is the proposition to be

established
 It is hypothetical – it is the one party affirms and
the other party denies

 FACTUM PROBANS – materials evidencing the

proposition

- It is brought forward as reality to convince the

court

 EVIDENCE & PROOF

 The word evidence and proof are often times used

synonymously

 Evidence - ascertaining the truth respecting a matter

of fact

 Proof - is the effect or outcome of evidence

- Result of the probative effect of evidence
- Conviction of the mind
- Persuasion of the mind

 UNIFORMITY OF RULES OF EVIDENCE –

 Rules of evidence shall be the same in all courts and

on all trials and hearings

 Hierarchy of courts

Municipal Circuit Trail Courts (MCTC)

Municipal Trial Court (MTC)
Municipal Trial Courts in Cities (MTCC)
 Metropolitan Trial Court (MeTC)
Regional Trial Courts (RTC)
Court of Appeals / Sandiganbayan
Supreme Court

 JUDICIAL NOTICE

 Is the cognizance of certain facts by the courts without

proof because they are facts which, by common
experience, are of universal knowledge among
intelligent person within a country or community

 Elements /Requirements
- The matter must be of common knowledge
- It must be well and authoritatively settled
and not doubted
- It must be known to be within the limit of
the jurisdiction of the courts

 JUDICIAL ADMISSION
 Any admission, verbal or written, made by a party in
the course of the trial or other proceedings in the
same case does not require proof

 Confession, concession or voluntary acknowledgment

made by a party of the existence of a certain facts

 ADMISSIBILITY OF EVIDENCE

 Evidence is admissible when it is necessary that it is

Relevant Material To the issue at hand to be
resolved by the Court
 RULES OF ADMISSIBILITY

 Sources of Evidence

- Real evidence
- Testimonial evidence
- Circumstantial evidence
- Documentary Evidence

 Real Evidence

 Is that which is addressed directly to the senses

of the court without the intervention of a
witness, as actual sight, hearing, taste, smell or
touch

 Also known as OBJECT EVIDENCE

- Object as evidence are addressed to

the sense of the court;

- When an object is relevant to the fact

in issue, it may be exhibited to or
examined, or viewed by the court

- Ocular Inspection - when the object

in question cannot be produced in
court because it is immovable or
inconvenient to remove, the natural
 recourse is for the tribunal to go to the
object in its place and there observe it.

- Probative Value of Real Evidence:

^ Real evidence being

addressed to the senses of the
court is therefore the most
convincing and satisfactory

 Documentary Evidence
 Documents as evidence consist of writing or any
material containing letter, words, numbers,
figures, symbols or other modes of written
expressions offered as proof of the content

 PRIMARY EVIDENCE
- also known as the original evidence
- A written instrument is itself regarded
as the primary or best possible
evidence of its existence and contents

 SECONDARY EVIDENCE
- Anything falling short of the standard
of the primary evidence is regarded
Secondary evidence
- Anything that is inferior to primary
evidence

 PUBLIC DOCUMENTS AND PRIVATE

DOCUMENTS
 Any documents that is duly notarized is
regarded as public instruments otherwise it is
private instrument

 Any document issued by any government office

is considered public instrument

 Document issued by private office is regarded

as private instrument

 Under the Rule, during trial, what is required is

the presentation of the original copy of the
document

 However, Secondary Evidence can be presented

instead of the primary evidence if:

- The original document has been lost or

destroyed, or cannot be produced,
meaning recital of the contents
thereof.

- If the original document is in the

custody or control of the adverse party

 When the original document is in the custody

of a public officer or is recorded in a public
office, its content may be proved by a certified
copy issued by the public officer in custody
thereof
ORIGINAL DOCUMENT MUST BE PRODUCED (SEC 3)
What is an original Document?
 The original document is one the contents of which
are the subject of the inquiry

 Document is in two or more copies executed at or

about the same time with identical contents

 When entry is repeated in the regular course of

business, one being copied from another

EXCEPTIONS:

- when original is lost or destroyed or

cannot be produced without bad faith
on the part of the offeror

- when original document is unavailable

as when it is lost or destroyed (sec 5)

- when original document is in the

custody of the adverse party (sec 6)

- evidence is admissible when original

document is public document and in
the custody of the public officer or
recorded in public instrument, the
contents may be proved by a certified
true copy (sec 7)
 PAROL EVIDENCE
  The parol evidence rule governs the extent to
which parties to a case may introduce into
court evidence of a prior or contemporaneous
agreement in order to modify, explain, or
supplement the contract at issue.

In general, the parol evidence rule prevents

the introduction of evidence of prior or
contemporaneous negotiations and agreements
that contradict, modify, or vary the
contractual terms of a written contract when the
written contract is intended to be a complete and
final expression of the parties' agreement.

TESTIMONIAL EVIDENCE
Elements – Observation, Recollection & Narration

QUALIFICATION OF A WITNESS (SEC 20)

 All person who can perceive and by perceiving can
make his perception to others may be a witness

 Religious or political, previous conviction of a crime

shall not be aground for disqualification

DISQUALIFICATION BY REASON OF MENTAL INCAPACITY

OR IMMATURITY [children of tender age] (SEC.21)

DISQUALIFICATION BY REASON OF MARRIAGE (SEC. 22)

 During the marriage neither the husband or the
wife may testify for or against the other without the
consent of the affected spouse

 Reason: - identity of interest

 - Consequent danger of perjury
- Policy of law - preserve the private
life of the family
- Domestic tranquility

 Except: in civil case by one against the other

 Criminal case for a crime committed by one against

the other

DISQUALIFICATION OF PRIVILEGED
COMMUNICATION

 Husband and wife during and After the marriage as

to communication received in confidence by one
from another during the marriage (Privacy of
communication)
 Attorney – client relationship
 Physician and patients
 Priest – minister and person making confession

TESTIMONIAL PRIVILEGE
PARENTAL AND FILIAL PRIVILEGE (SEC. 25)
ADMISSION AND CONFESSION
ADMISSION OF A PARTY (SEC. 26)
OFFER OF COMPROMISE NOT ADMISSIBLE (SEC. 27)
ADMISSION BY THIRD PARTY (SEC. 28)
ADMISSION BY CO-PARTNER OR AGENT (SEC. 29)
ADMISSION BY CONSPIRATOR (SEC. 30)
ADMISSION BY PRIVIES (SEC. 31)
ADMISSION BY SILENCE (SEC. 32)