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WEEK 2: BASIC PRINCIPLE OF EVIDENCE

 “Tell people there’s an invisible man in the sky who created the universe, and the vast majority will believe
you. Tell them the paint is wet, and they have to touch it to be sure.” – George Carlin
 “What can be asserted without evidence can also be dismissed without evidence.” – Christopher Hitchens
 “The difference between faith and insanity is that faith is the ability to hold firmly to a conclusion that is
incompatible with the evidence, whereas insanity is the ability to hold firmly to a conclusion that is
incompatible with the evidence.” – William Hardwood
RULE 128 General Provisions
Definition of Evidence
Section 1. Evidence defined. Evidence is the means sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact.
➢ Means sanctioned by these rules
➢ Ascertaining in a judicial proceeding – the truth
Scope of evidence
Section 2. Scope. – The rules of evidence shall be the same in all courts and in all trials and hearings, except as
otherwise provided by law or these rules.
What are the instances when the technical rules of evidence are not applicable?
➢ Rule 1, Sec. 4 of the Revised Rules of Court (N-I-C-O-L-E)
1. Naturalization;
2. Insolvency proceedings;
3. Cadastral;
4. Other causes not herein provided for;
5. Land registration; and
6. Election cases

EVIDENCE VS. PROOF

• Proof is not evidence itself. There is proof only because of evidence. It is merely the probative effect of
evidence and is the conviction or persuasion of the mind resulting from a consideration of the evidence.
• Evidence is the medium or means by which a fact is proved or disproved. Proof is the effect of evidence
because without evidence there is no proof.
• Bare allegation unsubstantiated by evidence, are not equivalent to proof.

FACTUM PROBANDUM VS FACTUM PROBANS

FACTUM PROBANDUM – refers to the ultimate fact or the fact sought to be established, this is the proposition
➢ The fact to be proved
FACTUM PROBANS - is the evidentiary fact or the fact by which the factum probandum is to be established
➢ Probative or evidentiary fact tending to prove the fact in issue
➢ Refers to the materials which established the proposition

Doctrines and Principles on Evidence

1. Rules on Probative Policy
a. Exclusionary Rules – exclude certain kinds of evidence, on grounds partly of relevancy and partly of
policy.
b. Preferential Rules – require one kind of evidence in preference to another.
c. Analytic Rules – subject certain kind of evidence to strict scrutiny, so as to expose its possible
weaknesses and shortcomings.
d. Prophylactic Rules – apply beforehand to prevent risk of falsity or mistake
e. Quantitative Rules – require a certain kind of evidence to be produced in specific quantity

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2. Rules of Extrinsic Policy

a. Fruit of the Poisonous Tree
➢ Also known as the EXCLUSIONARY RULE (Stonehill v. Diokno)
➢ Makes certain evidence inadmissible in a trial if the primary evidence was illegally acquired
➢ Prohibits the issuance of general warrants that encourage law enforcers to go on fishing
expeditions

WEEK 3 ADMISSIBILITY
RULE 130 (Sec. 1-4) Rules of Admissibility
Section 4. Relevancy; collateral matters. – Evidence must have such a relation to the fact in issue as to induce
belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in
any reasonable degree to establish the probability or improbability of the fact in issue.

When is evidence considered relevant?

➢ Evidence, to be relevant, must have such a relation to the fact in issue as to induce belief in its existence or
non-existence (ROC, Rule 128, Sec. 4)
What are collateral matters?
➢ Collateral matters are matters which are not in issue. They are not generally allowed to be proven except
when they are relevant or when they tend to establish the probability of the fact in issue (ROC, Rule 128,
Sec. 4)

Admissibility of evidence
Section 3. Admissibility of evidence. – Evidence is admissible when it is relevant to the issue and is not excluded
by the law of these rules.
Types of admissibility of evidence
1. Multiple admissibility
2. Conditional admissibility
3. Curative admissibility

Multiple admissibility
• Multiple admissibility of evidence that is relevant and competent for two or more purposes (Alabano
Remedial
Law Reviewer, 2010, p. 1198).
• If evidence is relevant and competent for 2 purposes, such will be received if it satisfies all the
requirements prescribed by law in order that it may be admissible for the purpose for which it is
presented, even if it does not satisfy the other requisites for its admissibility for other purposes (People v.
Animas, L-5591, March 28, 1955)
• A private document may be offered and admitted in evidence both as documentary evidence and as object
evidence depending on the purpose for which the document is offered. If offered to prove its existence,
condition or for any purpose other than the contents of a document, the same is considered as an object
evidence. When the private document is offered as proof of its contents, the same is considered as a
documentary evidence.
Conditional admissibility
• Conditional admissibility means evidence which appears to be immaterial, but may be allowed by the court
subject to the condition that its connection with other facts subsequently to be proved will be established
(Albano Remedial Law Reviewer, 2010, p. 1198)
• The proponent of the evidence may ask that the evidence be conditionally admitted in the meantime
subject to the condition that he is going to establish its relevancy and competency at a later time.

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Curative admissibility
• Where improper evidence was admitted over the objection of the opposing party, he should be permitted
to contradict it with similar improper evidence. This is evidence introduced to cure, contradict or
neutralize improper evidence presented by the other party
Example:
In an action for damages arising from car accident –plaintiff introduced evidence to show that on several
occasions the defendant in the past had injured pedestrians because of his negligence - to prove defendant’s
propensity for negligence. Under the rules, this kind of evidence is inadmissible because evidence that a person did
a certain thing at one time is not admissible to prove that he did the same or similar thing (Sec. 35, Rule 130, Rules
of Evidence)
If we were to follow the concept of curative admissibility, the court may be asked to give the party against
whom evidence was admitted the chance to contradict or explain the alleged past acts he committed and to show
evidence of past acts of diligence of the defendant to counteract the prejudice which is the improperly admitted
evidence may have caused.

DIRECT EVIDENCE VS. CIRCUMSTANTIAL EVIDENCE

Direct Evidence
Direct evidence proves a challenged fact
without drawing any inference (Planteras,
As to its ability to
Jr. v. People, G.R. No. 238889, October 03,
establish the fact in
2018).
dispute
The probative value of direct evidence is
generally neither greater than nor superior
to circumstantial evidence. The Rules of
Court does not distinguish between “direct
As to probative
evidence of fact and evidence of
value
circumstances from which the existence of a
fact may be inferred.” The same quantum of
evidence is still required (Planteras, Jr. v.
People, G.R. No. 238889, October 03, 2018).
Circumstantial Evidence
Circumstantial evidence indirectly proves
a fact in issue, such that the fact-finder,
must draw an inference, or reason from
circumstantial evidence (Planteras, Jr. v.
People, G.R. No. 238889, October 03,
2018).
As to probative value, the Court considers
circumstantial evidence as being of a
nature identical; to direct evidence
because no greater degree of certainty is
required when the evidence is
circumstantial than when
it is direct (People v. Bernal, G.R. No.
113685, June 19, 1997).

Circumstantial Evidence
Bacolod v. People
➢ The lack or absence of direct evidence does not necessarily mean that the guilt of the accused cannot be
proved by evidence other than direct evidence.
➢ Circumstantial evidence is that which goes to prove a fact or series of facts other than the facts in issue,
which, if proved, may tend by inference to establish a fact in issue.
Circumstantial evidence is sufficient for conviction if:
1. There is more than one circumstance;
2. The facts from which the inferences are derived are proven;
3. The combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt
Lozano v. People
To sustain a conviction based on circumstantial evidence, it is essential that the circumstantial evidence
presented must constitute an unbroken chain which leads one to a fair and reasonable conclusion pointing to the
accused, to the exclusion of the others, as the guilty person. The circumstantial evidence must exclude the
possibility that some other person has committed the crime.

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Positive and Negative Evidence

Positive Evidence – when a witness affirms in the stand that a certain state of facts does 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.
Revilla v. Court of Appeals (217 SCRA 583, 1993)
➢ Evidence is negative when the witness states that he did not see or know the occurrence of a fact, and
positive when the witness affirms that a fact did occur.
People of the Philippines v. Ricardo Bosi y Danao (G.R. No. 193665, June 25, 2012)
➢ xxx negative evidence cannot prevail over the positive assertions of the private complainant. An evidence is
negative when the witness states that he did not see or know the occurrence.

WEEK 4 JUDICIAL NOTICE

What need not to be proved (Rule 129)
What matters need not to be proven by the parties under the Rules of Court?
1. Facts which are subject of Judicial Notice (Revised Rules on Evidence; Rule 129, Sec. 1-3);
2. Facts which are Admitted (Rules of Court, Rule 129, Sec. 4);
3. Matters Not specifically denied in the answer (Rules of Court, Rule 8, Sec. 10);
4. Facts which are legally presumed (Rules of Court, Rule 8, Sec. 10);
5. Those which are the subject of an Agreed statement of facts between the parties (Rules of Court, Rule 30,
Sec. 6)

Concept of judicial notice

Judicial notice – is the cognizance of certain facts which judges may properly take and act on without proof
because they already know them (People v. Tundag, G.R. Nos. 135695-96, October 12, 2000).
What are the material requisites of judicial notice?
1. The matter must be one of common and general knowledge;
2. It must be well and authoritatively settled and not doubtful or uncertain; and
3. It must be known to be within the limits of the jurisdiction of the court (Expertavel & Tours, Inc. v. CA, G.R.
No. 152392, May 26, 2005).
• Judicial notice can either be mandatory or discretionary (Revised Rules on Evidence, Rule 129, Sec. 1-2).
What must the court use as a guide in determining what facts may be assumed to be judicially known?
➢ The principal guide in determining what facts may be assumed to be judicially known is that of notoriety.
Hence, it can be said that judicial notice is limited to facts evidenced by public records and facts of general
notoriety (State Prosecutors v. Muro, A.M. No. RTJ-92-876, September 19, 1994).

Mandatory Judicial Notice

When is judicial notice mandatory?
1. The existence and territorial extent of states;
2. Their political history, forms of government, and symbols of 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 Nature;
8. The measure of Time; and
9. The Geographical divisions (Revised Rules on Evidence, Rule 129, Sec. 1)

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• Ordinances are not included in the enumeration of matters covered by mandatory judicial notice under Sec.
1, Rule 129, RROC (Social Justice Society v. Atienza, G.R. No. 156052 (March 07, 2007).
Discretionary Judicial Notice
When is judicial notice discretionary?
1. Matters which are or public knowledge;
2. Matters capable of unquestionable demonstration; or
3. Matters ought to be known to judges because of their judicial functions (Rules of Court, Rule 129, Sec. 2)

Judicial Notice
How can a court take judicial notice of any matter?
➢ The court, motu propio or upon motion, shall hear the parties on the propriety of taking judicial notice (Sec.
3, Rule 129, RROE).
When can the court take judicial notice of any matter?
➢ The following are the stages when the court can take judicial notice of a fact:
1. During pre-trial;
2. During trial;
3. Before judgment; and
4. During appeal (Sec. 3, Rule 129, RROE).
Note: Before judgment or on appeal, the court may take judicial notice of any matter if decisive of a material issue
in the case (Sec. 3, Rule 129, RROE).

What is the effect of judicial notice on the burden of proving a fact?

➢ The taking of judicial notice means that the court will dispense with the traditional form of presentation of
evidence. In so doing, the court assumes that the matter is so notorious that it would not be disputed
(Republic v. Sandiganbayan, G.R. No. 152375, December 16, 2011).
What is the effect if a foreign law is not pleaded and not proved?
➢ A party invoking the application of a foreign law has the burden of proving the law, under the doctrine of
processual presumption (ATCI Overseas Corporation v. Echin, G.R. No. 178551, October 11, 2010). Where a
foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that the foreign law is the
same as ours (EDI-Staffbuilders International, Inc. v. NLRC, G.R. No. 145587, October 26, 2007).

WEEK 5 OBJECT EVIDENCE

Section 1. Object as evidence. Objects as evidence are those addressed to the senses of the court. When an object
is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.
What is object evidence?
➢ Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in
issue, it may be exhibited to, examined or viewed by the court (Sec. 1, Rule 130, RROE).
➢ Documentary and object evidence in support of the allegations must be contained in the pleading (Par. C,
Sec. 6, Rule 7, RROC).
How is object evidence presented in court?
➢ An object evidence is presented to the court through exhibition, examination and viewing (Sec. 1, Rule 130,
RROC).

Requisites for the admissibility of an object or real evidence

a) The evidence must be relevant;
b) The evidence must be authenticated;
c) The authentication must be made by a competent witness; and
d) The object must be formally offered in evidence.

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Categories of Object Evidence

1. Unique objects – objects that have readily identifiable marks
2. Objects made unique – objects that are made readily identifiable
3. Non-unique objects – objects with no identifying marks and cannot be marked

Chain of Custody
Chain of Custody in Drug Cases – the duly recorded authorized movements and custody of seized drugs or
controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of
seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction
(Sec. 1, DDB Regulation No. 1 Series of 2002).
• The links in the chain of custody in relation to Sec. 21 of the Comprehensive Dangerous Drugs Act of 2002
1. Seizure and Marking of the confiscated drugs recovered from the accused – the apprehending officer or
poseur-buyer must place his or her initials and signature on the item/s seized (People v. Ramirez, G.R. No.
225690, January 17, 2018). The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph the same in the presence
of:
a. The accused or the person/s from whom such items were confiscated and/or seized, or his/her
Representative/Counsel;
b. An elected public official; and
c. A representative of the National Prosecution Service or the Media
2. Turnover of the illegal drug seized by the apprehending officer to the Investigating officer;
3. Turnover by the investigating officer of the illegal drug to the Forensic chemist for laboratory examination
4. Turnover and submission of the marked illegal drug by the forensic chemist to the Court

RULES ON DNA EVIDENCE

• Define DNA
➢ DNA stands for 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. (Sec. 3, Rule on
DNA Evidence)
• DNA evidence constitutes the totality of the DNA profiles, results and other genetic information directly
generated from DNA testing of biological samples (Sec.3, Rule on DNA Evidence)
When shall the Rule on DNA Evidence apply?
➢ It shall apply whenever DNA evidence is offered used, or proposed to be offered or used as evidence in all
criminal and civil actions as well as special proceedings (Sec. 3, Rule on DNA Evidence)

How may a judicial order for a DNA testing be obtained?

➢ 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:
a. Was not previously subjected to the type of DNA testing now requested; or
b. 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 (Sec. 4, Rule on DNA Evidence

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Is a court order always required before undertaking a DNA testing?

➢ No. The Rule on DNA Evidence under Sec. 4 does 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 (Sec. 4, Rule on DNA Evidence)
Can a party appeal the order of the court ordering DNA testing?
➢ No. 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.
➢ Note: 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 (Sec. 5, Rule on DNA
Evidence).

When may a post-conviction DNA testing, without need of a prior court order be availed of?
➢ 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:
1. A biological sample exist;
2. Such sample is relevant to the case; and
3. The testing would probably result in the reversal or modification of the judgment of conviction
Sec. 6, Rule on DNA Evidence

What shall the court consider in assessing the probative value of DNA evidence?
1. The chain 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 standard-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 results, as hereinafter provided
Sec. 7, Rule on DNA Evidence

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