EVIDENCE- Regular Class

(Study Guide)

Rule 128, Sections 1 - 4 (General Provisions)

A) Define and/or explain the following:

1. Evidence
2. Purpose of evidence
3. Object evidence
4. Documentary evidence
5. Testimonial evidence

Other classifications of evidence:

1) Direct evidence
2) Indirect or Circumstantial evidence
3) Corroborative evidence
4) Cumulative evidence
5) Positive evidence
6) Negative evidence
7) Conclusive evidence
8) Prima-facie evidence
9) Primary or Best evidence
10) Secondary evidence
11) Rebuttal evidence
12) Sur-rebuttal evidence
13) Expert evidence
14) Relevant evidence
15) Competent evidence
16) Material evidence
17) Substantial evidence

B) When is evidence required or necessary?

C) When is evidence not necessary?
D) Applicability of the Rules of Evidence. Are the rules of evidence
applicable in administrative proceedings?
E) Application of the Rules on Electronic Evidence.
F) Scope of the Rules of Evidence.
G) Distinguish evidence from proof.
H) Falsus in Uno, Falsus in Omnibus.
I) Distinguish Factum probandum from Factum probans.
J) May the parties stipulate waving the rules of evidence?
K) When is evidence admissible?
L) What are the two axioms of admissibility which underlie the entire
structure of the law on evidence?
M) Distinguish admissibility from credibility.
N) What is meant by multiple admissibility of evidence?
O) What is meant by conditional admissibility of evidence?
P) What is meant by curative admissibility of evidence?
Q) What are collateral matters? Are they admissible as evidence?
R) When may the court allow evidence on collateral matters?
S) Classify, define and give examples of collateral matters?
T) State the rule on the relevancy of evidence (Section 4, Rule 128).
U) Are the rules of evidence in criminal and civil cases the same?
V) If evidence is admissible does it follow that it has probative value?
W) Is evidence illegally obtained admissible?
X) Is evidence obtained by entrapment and instigation admissible?
Y) Is evidence obtained without search warrant admissible?
AA) Is evidence obtained through uncounseled confession admissible?
BB) Is a tape recording of private conversation admissible in evidence?
CC) Is there vested right in the rules of evidence?

Rule 129 Judicial Notice – Sections 1 – 4

What need not be proved

a) Judicial notice – Sections 1-3 of Rule 129.

b) Judicial admissions – Section 4 of Rule 129.
1) Admissions out of Court – Sections 27 to 29, Rule 130.
2) Confessions – Section 34, Rule 130.
3) Res Inter Alios Acta Rule – Sections 29 and 35 of Rule
130.
c) Presumptions – Sections 2 - 6, Rule 131, Rule 131.

Object (real) evidence – Section 1, Rule 130

 1) Definition of Object as evidence.
2) Requisites for its admissibility.
3) 3 categories of Object evidence for purposes of authentication.
a) Objects that have readily identifiable marks (unique objects)
– Guns (through the serial no.), Checks (through the check
no.).
b) Objects that are made readily identifiable (objects made
unique) – typical kitchen knife that has no serial no.; and
c) Objects with no identifying marks and cannot be marked
( non-unique objects) – Drops of blood, oil, drugs in powder
form, etc. (Chain of custody must be established).
4) Demonstrative evidence (define).

The right against self-incrimination cannot be invoked against object

evidence because no testimonial compulsion is involved.

Documentary Evidence – Sections 2 to 20, Rule 130

a) Documents as evidence – Section 2, Rule 130.

b) Requisites for its admissibility.
c) Original Document Rule (Best evidence rule) – Sections 3
and 4, Rule 130.
d) Secondary Evidence Rule – Sections 5 to 9, Rule 130.
e) Parol Evidence Rule – Section 10, Rule 130.
f) Authentication and Proof of Documents – Sections 19 – 33,
Rule 132.
g) Interpretation of Documents – Sections 11 to 20, Rule 130.

Testimonial evidence.

a) Qualifications of Witnesses (testimony confined to personal

knowledge) – Sections 21 and 22, Rule 130.
b) Disqualifications of Witnesses.
1) Disqualification by reason of marriage – Section 23,
Rule 130.
2) Disqualification by reason of privileged
communications – Section 24, Rule 130.
c) Testimonial Privilege.
1) Parental and filial privilege – Section 25, Rule 130.
2) Privilege relating to trade secrets – Section 26, Rule
130.
d) Examination of Witnesses – Sections 1 – 10, Rule 132.
e) Impeachment of Witnesses – Sections 11 – 14, Rule 132.
1) Exclusion and separation of witnesses – Section 15,
Rule 132.
2) When witness may refer to memorandum – Section
16, Rule 130.
3) When part of transaction, writing or record given in
evidence, the remainder admissible – Section 17, Rule
130.
4) Right to inspect writing shown to witness – Section 18,
Rule 130.
f) Character Evidence – Section 54, Rule 130.
g) Opinion Evidence – Section 51 to 53, Rule 130.
h) Hearsay Evidence – Section 37, Rule 130.
Exceptions to the Hearsay Rule:
1) Dying declarations – Section 38, Rule 130;
2) Statements of decedent or person of unsound mind –
Section 39, Rule 130;
3) Declarations against interest – Section 40, Rule 130;
4) Act or declaration about pedigree – Section 41, Rule
130;
5) Family reputation or tradition regarding pedigree –
Section 42, Rule 130;
6) Common reputation – Section 43, Rule 130;
7) Part of the res gestae – Section 44, Rule 130;
8) Records of regularly conducted business activity –
Section 45, Rule 130;
9) Entries in official records – Section 46, Rule 130;
10 Commercial lists and the like – Section 47, Rule 130;
11 Learned treatises – Section 48, Rule 130;
12 Testimony or deposition at a former proceedings –
Section 49, Rule 130;
13 Residual exception – Section 50, Rule 130;
Burden of proof and Burden of evidence – Section 1, Rule 131

Offer of Evidence and Trial Objections – Sections 34 – 40, Rule

132

Quantum of evidence (Weight and sufficiency of evidence) –

Sections 1, Rule 133.

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