1.

Scope of applicability - 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.

2. Evidentiary Privilege - entitles the privilege holder to withhold competent evidence and, in some
circumstances, to prevent others from revealing such evidence.

3. Executive Privilege- members of the executive branch of government cannot legally be forced to
disclose their confidential communications when such disclosure would adversely affect the
operations or procedures of the executive branch.

4. Factum Probans- materials evidencing the proposition.

5. Factum Probandum - proposition to be established. The fact/s in issue.

6. Evidence - is the cause necessary to establish proof.

7. Competence - The evidence is not excluded by the law or the rules

8. Proof- is the effect of evidence. It is the probative effect of evidence and is the conviction or
persuasion of the mind resulting from a consideration of the latter.

9. Relevance - The evidence has such a relation to the fact in issue as to induce belief in its existence
or non-existence.

10. Relevant Evidence - one that has any value in reason as tending to prove any matter probable in
an action.

11.Wigmore’s Axiom of Admissibility - None but facts having rational probative value are admissible.
12.Irrelevant - No tendency in reason to establish the probability or improbability of a fact in issue. It
does not directly relate to a fact in issue.

13.Collateral Matters - matters other than the facts in issue and which are offered as a basis merely
for inference as to the existence or non-existence of the facts in issue. These are not allowed unless
satisfy ALL the requirements of relevancy.

14.Incompetent - excluded by the rules or any law.

15.Inadmissible - not competent and irrelevant

16.Immaterial - the offered evidential fact is directed to prove some probandum which is not properly
in issue.

17. Circumstantial - Indirectly proves a fact in issue through an inference which the fact finder draws
from the evidence established.

18.Direct - Evidence that directly proves a fact without need to make inference from another fact
19.Corroborative - evidence which tends to confirm, validate or strengthen evidence already
presented. Evidence may be of the same kind or different kind and tends to prove the same fact.

20.Material evidence - proves a main fact which is the subject of the inquiry or any circumstance
which tends to prove that fact or any fact or circumstance which tends to corroborate or strengthen
the testimony relative to the subject of inquiry.
21.Positive Evidence - A witness affirms in the stand that a certain state of facts do exist or that a
certain event happened

22.Cumulative - evidence of the same kind that tends to prove the same fact

23.Negative Evidence - A witness states that an event did not occur or that the facts alleged to exist
did not actually exist.

24.Derivative Evidence - evidence that is inadmissible as proof because of the application of the fruit
of the poisonous tree doctrine, which treats the original evidence and any evidence derived from it as
tainted because of the illegal way in which it was obtained by agents of the government.

25.Multiple Admissibility - Evidence is admissible for two or more purposes. The rule is when a fact
satisfies all rules applicable to it when offered for that purpose, its failure to satisfy some other rule
which would be applicable to it if offered for another purpose would not exclude it.

26.Rebuttal Evidence - offered to contradict other evidence or to rebut a resumption of fact.-

prosecution

27.SURREBUTTAL EVIDENCE - defense

28.Curative Admissibility - There is curative admissibility when a party offers an inadmissible fact
which is received because there is no objection by the other party. The other party does not acquire
the right to introduce in reply to the same kind of evidence, EXCEPT whenever it is needed for
removing an unfair prejudice which might otherwise have ensued from the original evidence.

29.Doctrine of Processual Presumption - Foreign law is the same as the law of the forum. It arises if
the foreign law, though properly applicable is either not alleged or if alleged is not duly proved before
a competent court.

30.CONDITIONAL ADMISSIBILITY - The time for determining the admissibility of a particular fact is
ordinarily the time when it is offered to the court.

31.Judicial Admissions - admissions, verbal or written, made by the party in the course of the
proceedings in the same case

32.Object (Real) Evidence - Evidence addressed to the senses of the court.

33.Adopted Confession - A co-accused impliedly acquiesced in or adopted the other’s confession by

not questioning its truthfulness, as where it was made in his presence and he did not demonstrate
against his being implicated therein

34.Autoptic Proference - Where the object in question cannot be produced in court because it is
immovable or inconvenient to remove, the natural recourse is for the court to order an ocular
inspection and go to the object in its place and observe it there.

35.Adoptive Admissions - 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.

36.DEMONSTRATIVE EVIDENCE - one which or represents demonstrates the real thing

37.Documentary Evidence - Writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their contents.

38.Duplicate - a counterpart produced by the same impression as the original

39.Original Document - data is stored in a computer or similar device, any printout or other output
readable by sight or other means, shown to reflect the data accurately.

40. Exclusionary Rules – The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest .

41.Ancient Document Rule- The private document is more than 30 years old; It is produced from a
custody in which it would naturally be found if genuine; It is unblemished by any alterations or
circumstances of suspicion.

42. Mandatory judicial notice - takes place at the court’s own initiative .

43.Discretionary judicial notice - requires a hearing and presentation of evidence

44.Parole Evidence Rule - when the terms of an agreement (including wills) have been reduced to
writing, it is considered as containing all the terms agreed upon and there can be, between the parties
and their successors in interest, no evidence (testimonial or documentary) of such terms other than
the contents of the written agreement.

45.The Statute of Frauds - requires that certain agreements be proved by writing or by some note or
memorandum thereof in order to be enforceable.

46.Contemporaneous Agreement - An agreement is one entered into at the same time as the
agreement which has been reduced to writing.

47.Interpretation according to intention - In the construction of an instrument, the intention of the

parties is to be pursued; and when a general and a particular provision are inconsistent, the latter is
paramount to the former. So a particular intent will control a general one that is inconsistent with it.

48.Interpretation according to circumstances - For the proper construction of an instrument, the

circumstances under which it was made.

49.Interpretation of a writing according to its legal meaning -The language of a writing is to be

interpreted according to the legal meaning it bears in the place of its execution, unless the parties
intended otherwise.

50.___________________ When an instrument consists partly of written words and partly of a

printed form, and the two are inconsistent, the former controls the latter.

51.___________________When the characters in which an instrument is written are difficult to be

deciphered, or the language is not understood by the court, the evidence of persons skilled in
deciphering the characters, or who understand the language, is admissible to declare the characters
or the meaning of the language.
52.___________________ When the terms of an agreement have been intended in a different sense
by the different parties to it, that sense is to prevail against either party in which he supposed the
other understood it, and when different constructions of a provision are otherwise equally proper, that
is to be taken which is the most favorable to the party in whose favor the provision is made.

53.___________________ When an instrument is equally susceptible of two interpretations, one in

favor of natural right and the other against it, the former is to be adopted.

54.___________________ An instrument may be construed according to usage, in order to

determine its true character

. 55.Testimonial Evidence - Can perceive, and perceiving, can make their known perception to others.

56.Marital Disqualification Rule - During their marriage, neither the husband nor the wife may testify
for or against the other without the consent of the affected spouse.

57.Marrying the Witness - An accused can effectively “seal the lips” of a witness by marrying the
witness.

58.Parental and Filial Privilege - A person cannot be compelled to testify against his parents, other
direct ascendants, children or other direct descendants.

59.Admission - usually applied in criminal cases to statements of fact by the accused which do not
directly involve an acknowledgment of the guilt of the accused or of criminal intent to commit the
offense with which he is charged.

60.Self-serving evidence - An admission favorable to the party making it.

61.Confession - a declaration made at any time by a person, voluntarily and without compulsion or
inducement, stating or acknowledging that he had committed or participated in the commission of a
crime.

62.Res inter alios acta Rule - Statements made or matters accomplished between two parties cannot
prejudice a third party.

63.Rule on Admission by Privies - The rights of a party cannot be prejudiced by an act, declaration,
or omission of another, except as hereinafter provided.

64.Probative value of recantations - They are looked upon with disfavor as recantations are usually
secured through intimidation or for a monetary consideration.

65.___________________It refers to a particular crime and signifies that the specific offense had
been actually committed by someone. It also means actual commission of the crime charged.

66.The Good Samaritan Rule - occasioned by an injury is not admissible in evidence as proof of civil
or criminal liability for the injury.

67.Theory of the hearsay rule - When a human utterance is offered as evidence of the truth of the fact
asserted in it, the credit of the assertor becomes the basis of inference, and therefore the assertion
can be received as evidence only when made on the witness stand, subject to the test of cross-
examination.
68.Principle of Independently Relevant Statements- Under this principle regardless of the truth or
falsity of a statement, the fact that such statements have been made is relevant.

69.Dying Declaration - Declaration was made under the consciousness of an impending death.
Declaration refers to cause and surrounding circumstances of the death of the declarant

70.Res gestae - Statements made by a person while a startling occurrence is taking place or
immediately prior or subsequent thereto with respect to the circumstances thereof

71.Declaration Against Interest - the fact asserted in the declaration was at the time it was made so
far contrary to declarant's own interest, that a reasonable man in his position would not have made
the declaration unless he believed it to be true

72.Declaration Against Interest - such may be received in evidence against himself or his successors
in interest and against third persons.

73.Expert witness - opinion of a witness on a matter requiring special knowledge, skill, experience or
training which he shown to possess

74.Ordinary witness - The opinion of a witness for which proper basis is given, may be received in
evidence regarding

75.Inability to testify - either dead, mentally incapacitated or physically incompetent. Mere absence
from the jurisdiction does not make him ipso facto unavailable.

76.Pedigree - another person related to him by birth or marriage.

77.Family Tradition - reputation or tradition existing in a family previous to the controversy, in respect
to the pedigree of any one of its members, may be received in evidence if the witness testifying
thereon be also a member of the family, either by consanguinity or affinity.

78.Common Reputation - existing previous to the controversy, respecting facts of public or general
interest > 30 years old, or respecting marriage or moral character, may be given in evidence.
Monuments and inscriptions in public places may be received as evidence of common reputation

79.Principle of NEGATIVE REPUTE - If in a community nothing good or bad is heard about a

particular person, the presumption is that he is really a good person, because that flows from the
established principle in substantive law that everyone is acting in good faith.

80.Commercial Lists - Evidence of statements of matters of interest to persons engaged in an

occupation contained in a list, register, periodical, or other published compilation is admissible as
tending to prove the truth of any relevant matter so stated if that compilation is published for use by
persons engaged in that occupation and is generally used and relied upon by them therein.

81.Learned Treatises - A published treatise, periodical or pamphlet on a subject of history, law,

science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes
judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the
treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject.
82.Similar Acts as Evidence - Evidence that one did or did not do a certain thing at one time is not
admissible to prove that he did or did not do the same or similar thing at another time; but it may be
received to prove a specific intent or knowledge; identity, plan, system, scheme, habit, custom or
usage, and the like.

83. Conduct - An offer in writing to pay a particular sum of money or to deliver a written instrument or
specific personal property is, if rejected without valid cause, equivalent to the actual production and
tender of the money, instrument, or property.

84.Burden of Proof - duty of a party to present evidence on the facts in issue necessary to establish
his claim or defense by the amount required by law.

85.Burden of going forward - that of producing evidence

86.Burden of persuasion - burden of persuading the trier of fact that the burdened party is entitled to
prevail.

87.BURDEN OF EVIDENCE - the duty resting upon a party, by means of evidence, to create or meet
a prima facie case.

88.BURDEN OF PROOF - NEVER SHIFTS

89.BURDEN OF EVIDENCE – TRANSFERRED

90.PRINCIPLE OF NEGATIVING AVERMENT - A negative averment do not have to be proven

UNLESS the negative averment is an essential part of the cause of action or defense.

91.Equiponderance Rule - Where the evidence on an issue of fact is in equipoise or there is doubt on
which side the evidence preponderates, the party having the burden of proof fails upon that issue.

92.Presumption - an inference as to the existence or non-existence of a fact which courts are

permitted to draw from the proof of other facts

93.PRESUMPTION JURIS OR OF LAW - a deduction which the law expressly directs to be made
from particular facts ,must be made whenever the facts appear which furnish the basis for the
inference, reduced to fixed rules and form part of the system of jurisprudence

94.PRESUMPTION HOMINIS OR OF FACT - a deduction which reason draws from facts proved
without an express direction from the law to that effect

95.Conclusive - not permitted to be overcome by any proof to the contrary

96.Disputable - law permits to be overcome or contradicted

97.VOIR DIRE - preliminary examination of witnesses for the purpose of establishing whether or not a
witness really is qualified as such. (Likewise done in examination of a child witness, but it is only the
judge who can ask questions, plaintiff and defendant can write their questions and give it to the
judge).

98.Use Immunity - the witness will still be indicted for the commission of an offense, but the
statements given by the witness cannot be used against him. He is not immunized from prosecution.
99.Transactional Immunity - There is absolute immunity, both to prosecution and use of the
statements given by the witness.

100. English Rule - where a witness is called to testify to a particular fact, he becomes a witness for
all purposes and may be fully cross-examined upon all matters material to the issue, the examination
not being confined to the matters inquired about in the direct examination.

101. American Rule - restricts cross-examination to facts and circumstances which are connected
with the matters that have been stated in the direct examination of the witness. (applies when witness
is the accused in a criminal case; and when witness is hostile or adverse party witness)

102. Recalling Witnesses - After the examination of a witness has been concluded by both sides has
been concluded, the witness cannot be recalled without leave of court. The court will grant or withhold
leave in its discretion as the interests of justice may require.

103. Leading questions - Questions that suggest to the witness the answer, which the examining
party desires, are leading questions.

104. Misleading questions - Those that assume as true a fact not yet testified to by the witness, or
contrary to that which he has previously stated.

105. DOCTRINE OF INCOMPLETE TESTIMONY - When cross examination cannot be done or

completed due to causes attributable to the party who offered the witness, the incomplete testimony
is rendered incompetent and should be stricken from the record.

106. Impeachment of Adverse Party’s Witness - by contradictory evidence; by evidence that his
general reputation for truth, honesty or integrity is bad; or by evidence that he has made at other
times statements inconsistent with his present testimony.

107. Impeachment of Adverse Party’s Witness - Evidence of particular wrongful acts is not allowed
except that it may be shown by the examination of the witness, or the record of the judgment, that he
has been convicted of an offense.

108. Impeachment of Own Witness - The party producing a witness is not allowed to impeach the
latter’s credibility.

109. Impeachment by Prior Inconsistent Statements - Before a witness can be impeached by

evidence that he has made at other times statements inconsistent with his present testimony: the
statements must be related to him, with the circumstances of the times and places and the persons
present, and he must be asked whether he made such statements, and if so, be allowed to explain
them; if the statements be in writing they must be shown to the witness before any question is put to
him concerning them (laying the predicate).

110. Laying the foundation or laying the basis - refers to a situation where an evidence which is
otherwise incompetent will be introduced in evidence because it falls under the exceptions to that rule
on exclusion.

111. Exclusion and Separation of Witnesses - The judge may exclude from the court any witness not
at the time under examination, so that he may not hear the testimony of other witnesses. The judge
may also have the witnesses separated and prevented from conversing with each other until all have
been examined.

112. Rule on Examination of a Child Witness - Unless otherwise provided, this Rule shall govern the
examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime.
It shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses. (ß1)

113. Child witness - Any person who at the time of giving testimony is < 18 years.

114. In child abuse cases - a child includes one over eighteen (18) years but is found by the court as
unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.

115. Competency of a Child Witness - Every child is presumed qualified to be a witness. To rebut the
presumption of competence enjoyed by a child, the burden of proof lies on the party challenging his
competence. (ßß6, 6(b))

116. Public Documents - Written official acts of the sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines or of a foreign country;

117. Contents of Attestation - The attestation must state that the copy is a correct copy of the original
or a specific part thereof, as the case may be. The attestation must be under the official seal of the
attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such
court.

118. Irremovability of Record - Any public record, an official copy of which is admissible in evidence,
must not be removed from the office in which it is kept, except upon order of a court where the
inspection of the record is essential to the just determination of a pending case.

119. Proof of Lack of Record - A written statement signed by an officer having the custody of an
official record or by his deputy that after diligent search, no record or entry of a specified tenor is
found to exist in the records of his office, accompanied by a certificate that such officer has the
custody, is admissible to prove that the records of his office contain no such record or entry.

120. Documents Written in an Unofficial Language - Not admissible unless accompanied with a
translation into English or Filipino; parties or their attorneys are directed to have such translation
prepared before trial.

121. Ruling - Given immediately after the objection is made, unless the court desires to take a
reasonable time to inform itself on the question presented; but the ruling shall always be made during
the trial and at such time as will give the party against whom it is made an opportunity to meet the
situation presented by the ruling.

122. Motion to Strike - The court may sustain an objection and order the answer given to be stricken
off the record should a witness answer the question before the adverse party had the opportunity to
voice fully its objection and such objection is found to be meritorious. The court may also, upon
proper motion, order the striking out of answers, which are incompetent, irrelevant or otherwise
improper
123. Substantial Evidence - The amount of relevant evidence which a reasonable mind might accept
as adequate to support a conclusion.

124. Extrajudicial Confessions – confession made by an accused, is not a sufficient ground for
conviction UNLESS corroborated by evidence of corpus delicti.

125. Circumstantial Evidence - The combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt.

126. Res ipsa loquitur (The thing speaks for itself) - A procedural device which presumes that the
person is negligent, when he is in control of an instrumentality causing an injury in the absence of
some explanation by him.

127. Falsus in uno, falsus in omnibus (False in one thing, false in everything)- If the testimony of the
witness on a material issue is willfully false and given with an intention to deceive, court may
disregard all the witness’ testimony.

128. Indirect Contempt - to those who publishes or disclose the DNA results without proper court
order.

129. Documentary evidence – the offeror may have the same attached or made part of the record.

130. Testimonial evidence – the offeror may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony

131. OFFER OF PROOF/TENDER OF EXCLUDED EVIDENCE – is only resorted to if admission is

refused by the court for purposes of review on appeal.

132. OFFER OF EVIDENCE- refers to testimonial, documentary or object evidence that are
presented or offered in court by a party so that the court can consider his evidence when it comes to
the preparation of the decision.

133. Rules on Electronic Evidence - Unless otherwise provided herein, these Rules shall apply
whenever an electronic document or electronic data message.

134. Cases covered -All civil actions and proceedings, as well as quasi-judicial and administrative
cases.

135. Electronic data message -Information generated, sent, received or stored by electronic, optical
or similar means.

136. Electronic Signatures -Refers to any distinctive mark, characteristic and/or sound in electronic
form, representing the identity of a person and attached to or logically associated with the electronic
data message or electronic document or any methodology or procedure employed or adopted by a
person and executed or adopted by such person with the intention of authenticating, signing or
approving an electronic data message or electronic document.