Evidence

Intro to Law | Atty. Hannah Barrantes | Compiled by Janine and Lourdes

Evidence
• Evidence is crucial for proving facts, especially when there are factual issues
raised in the pleadings. Factual issues arise when one party denies material
allegations made by the opposing party, and these issues require evidence for
resolution. Factual issues involve questions about the existence of things or the
occurrence of certain acts or statements, and legal issues involve questions
about the interpretation or application of the law to specific facts. Legal issues
can be resolved by applying relevant laws or rules, and evidence is generally not
needed to establish what the law is because everyone, including the judge, is
presumed to know it.
• When pleadings do not raise any factual issues, either because all factual
allegations have been admitted or denied in a general way, a trial may not be
necessary. In such cases, the matter can be decided through a judgment on
the pleadings or by summary judgment.
• Relevant evidence deals with the rational relationship between the evidence
and the fact to be proved. EVIDENCE SHOULD HAVE A RELATION OR LINK TO
THE FACTS IN THE ISSUE.
• Fruit of the Poisonous Tree – under the exclusionary rule, once the primary
source (the tree) is shown to have been unlawfully obtained, any secondary or
derivative evidence (the fruit) derived is also inadmissible.

FORMS

1. Object Evidence
• Pieces of object evidence are those addressed to the senses of the court.
• Also known as “real evidence” or “physical evidence”
• Physical evidence is any material object that gave rise to the litigation,
introduced as evidence in a judicial proceeding to prove a fact in issue
based on the object’s physical characteristics.
2. Documentary Evidence
• Consists of writings or any materials containing letters, words, numbers,
figures, symbols or other modes of written expressions offered as proof of
their contents.
• Documentary evidence is any evidence that is, or can be, introduced at a
trial in the form of documents, as distinguished from oral testimony.
Documentary evidence is most widely understood to refer to writings on
paper (such as an invoice, a contract or a will), but the term can also apply
to any media by which information can be preserved, such as photographs;
a medium that needs a mechanical device to be viewed, such as a tape
recording or film; and a printed form of digital evidence, such as emails or
spreadsheets.
3. Testimonial Evidence
• Testimonial evidence is elicited from the mouth of a witness. It involves two
levels of perception: that of the witness perceiving the event, and that of
the judge evaluating the witness.
• Obtained from a witness who makes a solemn statement or declaration of
fact. May be oral or written, and it is usually made by oath or affirmation
Evidence
Intro to Law | Atty. Hannah Barrantes | Compiled by Janine and Lourdes

under penalty of perjury. To be admissible in court and for maximum

reliability and validity, written testimony is usually witnessed by one or more
persons who swear or affirm its authenticity also under penalty of perjury.

KINDS OF EVIDENCE

1. Best Evidence Rule

• Original document must be produced, exceptions. — When the subject of
inquiry is the contents of a document, no evidence shall be admissible other
than the original document itself, except in the following cases:
a) When the original has been lost or destroyed, or cannot be
produced in court, without bad faith on the part of the offeror.
b) When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter fails to produce
it after reasonable notice;
c) When the original consists of numerous accounts or other
documents which cannot be examined in court without great loss
of time and the fact sought to be established from them is only the
general result of the whole; and
d) When the original is a public record in the custody of a public officer
or is recorded in a public office. (Sec. 3, Rule 130, ROC)
• Original of Document – The "original" is the main document we're talking
about
a) If there are multiple copies made at the same time with the same
content, they're all considered originals.
b) If an entry is made more than once as part of regular business, and
one is a copy of another made around the same time, they're all
treated as originals.
2. Secondary Evidence
• Lost or Unavailable Document – If the original document is lost or cannot
be produced in court, the offeror can prove its contents through a copy, a
recital in an authentic document, or witness testimony, provided there's no
bad faith. (Sec. 5)
• Document in Adverse Party's Custody – If the document is in the custody of
the adverse party, they must receive reasonable notice to produce it. Failure
to do so after notice allows the presentation of secondary evidence in case
of loss. (Sec. 6)
• Public Record – When the original document is a public record held by a
public officer or recorded in a public office, its contents can be proven by a
certified copy issued by the responsible public officer. (Sec. 7)
• Caller of Document Not Obliged to Offer – A party who calls to produce a
document and inspects it is not obligated to present it as evidence
themselves. (Sec. 8, Rule 130, ROC)
3. Parol Evidence Rule
• Evidence of written agreements — When the terms of an agreement 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,
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Intro to Law | Atty. Hannah Barrantes | Compiled by Janine and Lourdes

no evidence of such terms other than the contents of the written

agreement. (Sec. 9, Rule 130, ROC)
• However, a party may present evidence to modify, explain or add to the
terms of written agreement if he puts in issue in his pleading:
a) An intrinsic ambiguity, mistake or imperfection in the written
agreement;
b) The failure of the written agreement to express the true intent and
agreement of the parties thereto;
c) The validity of the written agreement; or
d) The existence of other terms agreed to by the parties or their
successors in interest after the execution of the written agreement.
4. Interpretation of Documents
• Legal writings are interpreted based on their legal meaning at the place of
execution, unless parties intended otherwise. Instruments should be
construed to give effect to all provisions, prioritizing parties' intentions and
specific over general provisions when inconsistent. Circumstances and
evidence of peculiar term usage are considered. Written words prevail over
printed forms, and experts can be used for deciphering (Sections 8-16).
• In case of conflicting interpretations, the sense each party believed the
other understood prevails. When constructions are equally valid, the one
favoring the benefiting party is chosen. Interpretation leans toward natural
rights when an instrument allows for two interpretations. Usage of terms
may inform the true character of an instrument (Sections 17-19).
5. Qualifications of Witnesses
• Witness Qualifications – Generally, anyone able to perceive and
communicate their perceptions may be a witness. Disqualification is not
based on religious or political beliefs, interest in the case outcome, or prior
convictions, unless specified by law. (Sec. 18)
• Disqualification Due to Mental Incapacity, Immaturity, and Marriage
(Sections 19-22): Witnesses incapable of intelligently conveying their
perceptions due to mental conditions or immaturity are disqualified.
During marriage, spouses cannot testify against each other without
consent, except in certain civil or criminal cases involving one spouse
against the other.
• Disqualification Based on Death, Insanity, and Privileged Communication
(Sections 23-24): Individuals involved in a case against a deceased or
mentally unsound person cannot testify about events predating the death
or onset of insanity. Further, certain persons, like spouses, attorneys,
medical practitioners, and clergy, are barred from testifying about
confidential communications without consent, ensuring the protection of
privileged information.
6. Testimonial Privilege
• Parental and filial privilege. — No person may be compelled to testify
against his parents, other direct ascendants, children or other direct
descendants. (Sec. 25, Rule 130, ROC)
7. Admissions and Confessions
• Admission of Party and Offer of Compromise: A party's actions, statements,
or omissions about relevant facts can be used against them (Section 22). In
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Intro to Law | Atty. Hannah Barrantes | Compiled by Janine and Lourdes

civil cases, an offer to compromise is not an admission and is inadmissible;

in criminal cases, it may imply guilt under specific conditions (Section 24).
• Admission by Third Party, Partners, Agents, Conspirators, and Privies:
Generally, a party is not affected by the acts of others, but rules apply to
partners, agents, conspirators, and those deriving title from another. Their
acts or declarations may be used as evidence against the party under
certain conditions (Sections 28-31).
• Admission by Silence and Confession: If a party stays silent when action or
comment would be expected, and it's proper for them to respond, the
silence can be used against them (Section 32). Confessions, acknowledging
guilt, can be admissible as evidence in court (Section 33).
8. Previous Conduct as Evidence
9. Testimonial Knowledge
10. Exceptions to the Hearsay Rule
11. Opinion Rule
12. Character Evidence