Evidence

Midterms (October 26, 2023 – Thursday – 5:30 PM)

Preliminary Considerations (Rule 128 Secs. 1-4)

 Definition of Evidence
o The means, sanctioned by these rules, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.

 Nature of Evidence
o Object Evidence: directly addressed to the senses of the court; capable of being
exhibited or viewed by the court.
o Documentary Evidence: consists of writings, recordings, or any material
containing words, numbers, or other modes of written expression offered as proof
of their contents.
o Testimonial Evidence: testimony of a witness; usually on oath or affirmation;
given by mouth or word in the witness stand.

 Principle of Uniformity
o The rules of evidence shall be the same in all courts and in all trials and
hearings.

 Purpose of Evidence
o Case: Atienza VS. Board of Medicine = means of ascertaining the truth
respecting a matter of fact.

 Kinds and Classifications of Evidence

o As to its ability to establish the fact in dispute:
 Direct evidence: proves the fact in dispute without the aid of any
interference or presumption.
 Circumstantial evidence: indirectly proves a fact in issue through an
inference drawn from the evidence established.

o As to similarity of character or nature of additional evidence:

 Prima facie evidence: that which, standing alone, unexplained or
uncontradicted, is sufficient to maintain the proposition affirmed by itself.
 Conclusive evidence: inconvertible or one which the law does not allow to
be contradicted. (the end conclusion/ decision)

o As to degree of its value in establishing a disputed fact:

 Corroborative evidence: additional evidence of a different kind and
character from that already given; tending to prove the same point.
  Cumulative evidence: additional evidence of the same kind and character
as that already given; tend to prove the same proposition.

o As to its weight and acceptability:

 Original document rule: subject of inquiry is the contents of a document,
writing, recording, no evidence is admissible other than the original
document itself.
 Secondary or substitutionary evidence: refers to evidence other than the
original document itself.

o As to quality:
 Admissible evidence: relevant and competent
 Material evidence: tends to prove or disprove a fact in issue as
determined by the rules of substantive law and pleadings.

o Other classifications of evidence:

 Rebuttal evidence: that kind, which is given to explain, repel, counteract,
or disprove facts given in evidence by the adverse party.
 Sub-rebuttal evidence: a reply to the rebuttal evidence.
 Competent evidence: those not excluded by the Constitution, law, or
rules.
 Credible evidence: refers to probative value or convincing weight.

 Substantial Evidence:
o More than a mere scintilla (scintilla – a tiny trace or spark of a quality or feeling);
such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion; evidence presented must at least have a modicum (a small
quantity of a particular thing) of admissibility in order for it to have probative
value.

 Preponderance of Evidence:
o The evidence as a whole adduced by one side is superior to that of the other;
refers to the weight, credit, and value of the evidence on either side and usually
considered to be synonymous with the term “greater weight of evidence”; it is
more convincing to the court as worthy of belief than that which is offered in
opposition.

 Proof beyond reasonable doubt:

o The required quantum of evidence in order to convict an accused; rest on the
moral certainty in an unprejudiced mind that it was the accused who committed
the crime, which the accused must be exonerated.

 Clear and convincing evidence:

o Kind of evidence which established in the minds of the trier of facts a firm belief
on the existence of the fact in issue.
 o When required: proving forgery; proving ownership over a lang; in invoking self-
defense; in granting or denying bail in extradition proceedings.

 Competent Evidence:
o Which is not otherwise excluded by law or by the rules.
 Incompetent Evidence:
o Excluded by law or by the rules.

 Material Evidence:
o Directed to prove a fact in issue as determined by the rules on substantive law
and pleadings.

 Rebuttal Evidence and Subrebuttal Evidence:

 Primary Evidence:
o Assures the greatest certainty of fact sought to be proved; does not indicate the
existence of other and better proof.

 Secondary Evidence:
o Any other evidence than the document itself.
o Refers to evidence other than the original instrument.
o Class of evidence that is relevant to the fact in issue, in cases primary evidence
is not obtainable.

 Evidence-in-Chief:
o Primary and main evidence presented by the parties to prove their causes/
defenses.

 Newly Discovered Evidence:

o It must be one that could not have been discovered before the trial.
o Determinative test = presence of due or reasonable diligence to locate the thing.

 Axioms of Admissibility:
o Relevancy
o Competency
o Authenticity
o Offer
  Sec. 3, Rule 128
o Admissible if it is relevant to the issue and not excluded by the Constitution, the
law, or these rules.

 Wigmore’s Two Axioms of Admissibility:

o Relevant (Rule of Relevancy)
o Competent (Rule of Competency)

 Doctrine of Fruit of the Poisonous Tree:

o Illegally obtained evidence cannot be admitted.
o Excluded by the courts and the State is prevented from using the same as
evidence.
o Should not be used to gain other evidence.

 Kinds of Admissibility:
o Conditional:
 The relevance of which will readily be seen when connected to other
evidence when not yet offered.
 Be conditionally admitted in the meantime, subject to a condition that he
is going to establish such in a later time.

o Multiple:
 Evidence is admissible for two or more purposes.

o Curative:
 Allows a party to introduce inadmissible evidence to answer the opposing
party’s previous introduction of inadmissible evidence.

What Need Not Be Proved (Rule 129 Secs. 1-4)

 Judicial Notice:

o It is a rule that allows a court to accept a fact as true without requiring further
proof.
o Cognizance of certain facts that judges may properly take and act on without
proof because these facts are already known to them.
 Based on convenience and expediency; rests on the wisdom and
discretion of the courts; when court takes judicial notice of the matter, the
court accepts and recognizes the same without necessity of formal proof.

o Requisites of Judicial Notice:

 Matter must be of common knowledge.

  Must be well and authoritatively settled and not doubted or uncertain.
 Must be known to be within the limits of the jurisdiction of the court.

o Kinds of Judicial Notice:

 Mandatory:
 When the matter is subject to a mandatory judicial notice, no
motion or hearing is necessary for the court may take judicial
notice of a fact.
 Mandatory when: existence and territorial extent of states; political
history, forms of government and symbols of nationality; law of the
nations; admiralty and maritime courts of the world and their seals;
political constitution and history of the PH.
 Judicial Notice of Foreign Laws
o General rule: Doctrine of Processual Presumption (Courts
cannot take judicial notice of foreign law)
o Exception

 Discretionary:
 Matters which are of public knowledge
 Matters capable of unquestionable demonstration
 Matters ought to be known to judges because of their Judicial
functions
 Notoriety: judicially noticed fact must be one not subject to a
reasonable dispute in that it is either: (a) generally known within
the territorial jurisdiction of the court; or (b) capable of accurate
and ready determination by resorting to sources whose accuracy
cannot reasonably be questionable.

 Which requires a hearing

 During pre-trial and trial
o The court, motu proprio or upon motion, shall hear the
parties on the propriety of taking judicial notice of any
matter.
 Before Judgement or on Appeal
o Court cannot take judicial notice of any matter EXCEPT –
court may take judicial notice of any matter and shall hear
the parties if such matter is decisive of a material issue in
the case.

 Judicial Admissions:

o It is any admission, verbal or written, made by a party in the course of the

proceedings in the same case, does not require proof.
o The admission may be contradicted only by showing that it was made through
palpable mistake or that no such admission was made. (Sec. 4 Rule 129)

o Judicial Admissions must be:

  Oral or written
 Made by a party to the case
 Must be made in the course of the proceedings in the same case.

o When may judicial admission be made?

 Pleadings filed by the parties
 In the course of the trial
 In other stages

o Theory of Adoptive Admission:

 It is a party’s reaction to a statement or action by another person when it
is reasonable to treat the party’s reaction as an admission of something
stated or implied by the other person. (Case: Estrada VS. Desierto)

o Effect of Judicial Admissions:

 Judicial admission does not require proof.
 Admission is conclusive against the pleader.
 A party cannot later take a position contrary of or inconsistent with what
was pleaded.

o Judicial Admission may be contradicted: (be denied; opposed)

 It was made through palpable mistake (extreme feelings)
 The imputed admission was not, in fact, made.

Rules of Admissibility (Rule 130)

 Object Evidence (Sec. 1)

o Senses of the court.

o Requisites for admissibility:
 Evidence must be relevant
 Evidence must be authenticated
 Authentication must be made by a competent witness
 Object must be formally offered in evidence
o Object Evidence and the Right against Self-Incrimination:
 Cannot be invoked against objective evidence
 Only applicable to testimonial evidence