COURSE SYLLABUS

(EVIDENCE)

I. General Provisions

A. Evidence - is the means sanctioned by the Rules of Court, of ascertaining in a judicial

proceeding the truth respecting a matter of fact.

B.Three kinds of Judicial Proceeding

1. Civil Action
a. Ordinary Civil Action
b. Special Civil Action
2. Criminal Action - all acts that not include in the RPC
3. Special Proceedings
 Quasi-judicial Proceeding - to some extent, it is applicable, but not to
strict appliance.

C. Uniformity of Application - applicability of evidence is applied uniformly from

low level courts to high level courts.

D. Exceptions in the Applicability of Evidence

a. Provided by law
b. Provided under the Rules of Court
c. Supreme Court Issuance's - always changing procedure

E. Rules of Evidence can be waived as long as it is personal and voluntary.

F. Exemption to the Exception Rule
- Rules of Evidence can be void if it is against public policy.

G. Evidence - is the means, the mode and manner of providing relative facts in a judicial
proceeding.

H. Proof - the result and effect of evidence

I. Admissibility of Evidence - evidence is admissible if it is Relevant and Competent.

a. Relevant - connected to the issue
b. Competent - it is not excluded by the Rules, Law, Constitution

J. Weight of Evidence - pertain to evidence already admitted.

 The weight of the evidence is different from relevancy. Weight of evidence
must be relevant and competent because it is already admitted.

K. Probative Value of Evidence - weighing of evidence

 All evidence needs to formally opened for them to be admitted on court.

L. Conditional Admissibility - the evidence at the times of the offer appears to be

immaterial and irrelevant unless it is connected with the other facts to be
subsequently proved such evidence mainly receive on condition that the other
facts will be proved thereafter.
 Strike out if it it still not relevant and competent (1st hearing: irrelevant- next
hearing will be presented; 2nd hearing: irrelevant again- strike out)

M. Curative Admissibility - it is irrelevant and incompetent evidence but it is still

admitted. (nakalusot)

N. Collateral - not directly competent but it is connected to some extent in any

reasonable degree to established the probability and improbability.

Relyn Aerica D. Tobias

BSCRIM 3G
II. What Need Not Be Proved

A. Judicial Notice - readily available and proven taken without the introduction of any
evidence.
a. When Mandatory - need not to be proved
 History
 Existence and Territorial Extent of the States
 Forms of Government and System of Nationality
 Marital Laws
 Political Constitutes
 Official Acts of the Legislative, etc.
b. When Discretionary - accord judicial which are:
 Public knowledge
 Capable of unquestionable demonstration
 Ought to be know to judges
c. When Hearing Necessary
 Hearing is necessary if there is a doubt.

B. Judicial Admission - it may be oral (testimonial) or written (affidavits) by a party on

the proceedings and does not require proof (unless its palpable mistake)

Relyn Aerica D. Tobias

BSCRIM 3G