Evidence Midterms Reviewer

Richard Allan A. Lim

Evidence - covers Rule 128 to 134 of the Rules of Court

Why is it necessary to study evidence?
- There is a need to ascertain which kind of evidence
would be admissible in court

i. There should be more than one circumstance

ii. Associated to the fact
iii.
Must be related to each other and connected
iv.
The observed fact and to how the same is

Scope of evidence
1.
Manner of presentation
2.
Fixing of the qualification of witnesses and the mode
of examination of the same
3.
Determining which are evidential and which are not
received as evidential

associated or related to the presumption through

the use of inferences or presumptions
v. There is no other contrary circumstantial evidence
vi.
There
must
be
a
chain
or
interconnectiveness
c. Positive evidence and Negative evidence
i. Positive evidence affirms the fact (given more
weight that negative evidence
ii. Negative evidence states the fact did not occur
5.
Rebutting evidence - given to repel, counter, or
disprove facts given in evidence by the opposing party
6.
Primary and Secondary evidence
a. Primary evidence - affords greatest certainty in fact
b. Secondary evidence - inferior to primary evidence
(Best evidence rule)
i. For Documentary evidence - if primary evidence is
available, then secondary evidence is inadmissible
ii. For Testamentary evidence - there is no rule of
exclusion (primary does not exclude secondary)
but there would be an issue with respect to the
probative value or the weight (creating issue as to
the suppression of facts)
iii.
For real evidence - actual object would be
the best evidence, but there are circumstances
where such would be impractical or implausible
(ex. cadaver in case of proving death of person)
1.
Expert evidence
a. Comes from one who possesses knowledge to a
particular subject or department of human activity
which is not usually acquired by another person
b. Should show credentials
8.
Prima facie evidence - standing alone unexplained or
uncontroverted would be sufficient to prove or maintain the
proposition affirmed
9.
Conclusive evidence
10.
Cumulative evidence - additional evidence of the
same kind bearing on the same point.
a. If they are going to present witnesses who will present
the same facts, then they can limit the number of
witnesses to be presented.
b. The single straightforward testimony of the witness, if
uncontroverted, can serve to convict the accused
1.
Corroborative evidence - a different kind of evidence
ending to prove the same point

Rule 128
Sec. 1. Evidence defined - Evidence is the means,
sanctioned by there Rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact
- Sanctioned by the Rules of Court
- Judicial proceedings refer to those done due to judicial
conflict
- Matter of facts in civil cases refer to the right pleaded by
the complainant and the denial of the defendant
Factum Probandum (proposition sought to be proved) ---->
Factum Probans (the evidentiary fact)
Proof - the result of evidence
Rules of evidence:
1.
Rules of probative policy
a. Exclusionary Rules
b. Preferential Rules
c. Analytic Rules - subjects certain kinds of evidence to
scrutiny to expose possible weaknesses and
shortcomings
d. Prophylactic Rules - certain measures to prevent risk,
falsity or mistake
e. Quantitative Rules - requires certain kind of evidence
be produced in a certain quantity
2. Rule of extrinsic policy - exclusion of certain kinds of
evidence due to certain rules which are superior or more
paramount importance are either absolute or conditional
Kinds of evidence
1.
Relevant evidence - having any value in reason or
tending to prove any matter provable in the action
2.
Material evidence - when it is directed to prove a fact
or issue or determined by the Rules of substantive law and
pleadings
3.
Competent evidence - that which is not excluded by
law or by the Rules in a particular case
4.
Direct and circumstantial evidence
a. Direct evidence - that which proves a fact in case
without the need for inference or presumption
b. Circumstantial evidence - the existence of particular
fact in dispute may be inferred as necessary or
probable consequence

Forms of evidence
1.
Testimonial
2.
Documentary
3.
Real

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Evidence Midterms Reviewer

Sec. 2. Scope - The rules of evidence shall be the same in all
courts and in all trials ad hearings, except as otherwise
provided by law or these Rules
1.
Refers to certain cases and certain proceedings
2.
The rules of admissibility are the same, if there are
any difference with respect to criminal cases it is due to the
particular circumstances of the case
3.
In administrative hearings, the philosophy is that all
relevant evidence should be admitted if it is the sort of
evidence on which responsible persons are accustomed to
rely in the conduct of serious affairs
Various weights of evidence (see Rule 132)
1.
Preponderance of evidence - evidence of greater
weight or which is more convincing than one offered in
proposition
2.
Proof beyond reasonable doubt - requires only moral
certainty that degree of proof which produces a conviction
in an unprejudiced mind
3.
Substantial evidence - amount of evidence which a
reasonable mind might accept as adequate to justify a
conclusion
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. (3a)
Factors that determine the admissibility of evidence
1.
Competency - determined by the law or the Rules of
Court
2.
Relevancy - determined by common sense, hence no
hard and fast rule to determine the same.
Weight of the evidence
1.
There is no hard and fast rule as to weight of
evidence
2.
Determined at the time the case is submitted for
judgment (when parties have rested their case)
3.
Documentary evidence is given greater weight since
there is written, hard copy of the same.
4.
With respect to brother vs. third person in case of a
crime, third person is given more weight since they are
disinterested persons
Offer of evidence
1.
Testimonial
a. When called to testify
b. Should state purpose of testimony
2.
Documentary and Real
a. After all testimonial witnesses have been presented and
before party rests its case
Different kinds of admissibility
1.
Multiple admissibility - satisfies requirements for
admissibility for the purpose intended, then it may be

Richard Allan A. Lim

admitted despite the fact it is not admissible for other
purposes
2.
Conditional Admissibility - may appear to be
inadmissible unless so connected with the facts to be
subsequently proven
3.
Curative admissibility - failure to object to evidence
improperly admitted does not allow adverse party to present
rebuttal evidence unless there would be prejudice in favor
of adverse party (cure the improper admission of evidence)
Best evidence rule (see Rule 130).
1.
For Documentary evidence - if primary evidence is
available, then secondary evidence is inadmissible
2.
For Testimonial evidence - there is no rule of
exclusion (primary does not exclude secondary) but there
would be an issue with respect to the probative value or the
weight (creating issue as to the suppression of facts)
3.
For real evidence - actual object would be the best
evidence, but there are circumstances where such would be
impractical or implausible (ex. cadaver in case of proving
death of person)
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. (4a)
Collateral Matters - not allowed unless would so establish the
probability or improbability of the fact
1.
Antecedent - before the act (Motive, Character, Plan,
Threat, Conspiracy)
2.
Concomittant - at the same time (Opportunity,
Incompatibility, Alibi)
3.
Subsequent - after the act (Flight, Non-flight,
Fingerprints and materials left after)
Collateral Matter of Character of the Witness
1.
As a general rule, it is inadmissible in civil cases,
except when when pertinent to issue involved in the case
2.
As a general rule, evidence relating to the character
of a witness when it comes to criminal cases, except when
it would tend to prove the probability or improbability of
the allegations in the complaint
3.
Offended party may present evidence to show good
or bad moral character of witness
4.
Exceptions to rule on admissibility of evidence of
character ofwitness are found under Sec. 51 of Rule 130
a. When pertinent to the moral trait involved in the act
complained of
b. The prosecution may present rebuttal evidence when
the accused presents evidence to show the good moral
character which would prove that they are incapable of
committing the act complained of

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Evidence Midterms Reviewer

Richard Allan A. Lim

c. See Sec. 51 (3), Rule 130 - where criminal law should

b. If there is a palpable mistake in the pleadings, the

be construed liberally in favor of the accused

Alibi - should be proven by clear, convincing, satisfactory and
positive evidence
1.
Financial condition and ability
2.
Physical condition
3.
Distance
4.
Testimony of witnesses

2.

RULE 129
What Need Not Be Proved
Section 1. Judicial notice, when mandatory. A court shall
take judicial notice, without the introduction of evidence, of
the existence and territorial extent of states, their political
history, forms of government and symbols of nationality, the
law of nations, the admiralty and maritime courts of the world
and their seals, the political constitution and history of the
Philippines, the official acts of legislative, executive and
judicial departments of the Philippines, the laws of nature, the
measure of time, and the geographical divisions. (1a)

3.

Section 2. Judicial notice, when discretionary. A court may

take judicial notice of matters which are of public knowledge,
or are capable to unquestionable demonstration, or ought to be
known to judges because of their judicial functions. (1a)
Section 3. Judicial notice, when hearing necessary. During
the trial, the court, on its own initiative, or on request of a
party, may announce its intention to take judicial notice of any
matter and allow the parties to be heard thereon.
After the trial, and before judgment or on appeal, the proper
court, on its own initiative or on request of a party, may take
judicial notice of any matter and allow the parties to be heard
thereon if such matter is decisive of a material issue in the
case. (n)
Section 4. Judicial admissions. An admission, verbal or
written, made by the party in the course of the proceedings in
the same case, does not require proof. The admission may be
contradicted only by showing that it was made through
palpable mistake or that no such admission was made. (2a)
Effect of judicial admissions
1.
No need to prove them anymore unless they are made
through palpable mistake (it is up to the discretion of the
court whether admitted as palpable mistake)
2.
They are deemed admitted without need for proof
Kinds of judicial admissions
1.
In pleadings
a. Allegations are to be taken as a whole, not just parts of
it

4.

remedy would be file motion to amend pleading with

leave of court
c. The subsequent complaint supersedes the original
complaint, and all allegations in the original complaint
are deemed extrajudicial admissions and shoold be
formally offered in evidence
In open court
a. Motion for exclusion to remove certaina admissions
b. Agreements of facts form part of judicial admissions,
i. Usually done in pre-trial (should be in writing)
ii. Compromise agreements can also form part of
judicial admissions
1. However, mediatable offenses which undergo
compromise agreements only refer to the civil
aspect
Implied judicial admissions
a. In pleadings
i. When the party does not make specific denial to
the allegations made of the opposing party in
their pleadings, allegations not specifically
denied are deemed admitted
ii. When action is founded upon a written
document, admitted unless there is specific
denial on the due execution of the document
b. Lawyers are bound by the admissions made by their
witnesses, unless such witness is a hostile witness (the
court is informed that such witness is hostile before
they testify
Admissions too expedite proceedings
a. Corroborative witnesses
b. Forensic evidence
i. Expertise of witness but has no personal
knowledge
ii. Competency of witness (not to show that the
accused or defendent committed the act)
c. Judgment on the pleadings
i. Admits all the allegations on the pleadings
ii. If there are confusions as to the admissions, the
judge should clarify it by setting the same for trial
iii.
For the purpose of expediting proceedings
1. There is no judgment on the pleadings for
criminal cases
2. Confession of guilt - admission of the entirety
of the allegation

RULE 130
Rules of Admissibility
A. OBJECT (REAL) 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. (1a)
Sources of Real Evidence

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Evidence Midterms Reviewer

1.
2.
3.

Testimonial
Circumstancial
Real
a. Requirements for admissibility
i. Must be releveant
ii. Must be competent
iii.
Must be authenticated - show that they are
what they purport to be
iv.
By competent witness (having personal
knowledge or by chain of custody)
v. Must be formally offered in evidence

Types of Real Evidence

1.
Documents
a. when the issue is the existence or condition of the
document, it is real evidence and no need to apply best
evidence rule
b. When the issue involved is the contents, then such falls
under documentary evidence, hence the best evidence
rule applies
2.
Exhibition of injuries
3.
Personal Appearance
a. Court can compel the physical and mental examination
of witnesses pursuant to Rule 28
b. Party will move for the examination of said witness
(requirements)
i. Physical and mental condition of witness is at
issue
ii. Necessary for the ends of justice
iii.
There should be notice to the other party
iv.
Proper scope of examinations is made
known
v. Time, place and coverage of examination is given
a. Rule against self-incrimination applies to testimonial
evidence only except when act to be done requires the
exercise of mental faculties
4.
Inspection of body
5.
Photographs, tape recordings and films
a. Requirements for authentication of Photographs
i. Testimony of person who took said picture
ii. Must show that it faithful reproduction of the
person or object depicted
a. For X-rays
i. Tesimony of person who took said x-ray
ii. Must show that they are skilled in taking said xray
iii.
Must also show that they are competent to
testify on it
6.
Maps and diagrams
7.
Charts and tables
8.
Paintings, drawings
a. Should be authenticated - be what they purport to be

Richard Allan A. Lim

i. To prevent introduction of object which is different
from what is being testified about

ii. To ensure that there had been no significant

9.

10.
11.

changes to the objects condition

Tape recordings (requirements)
a. Device capable of taking testimony
b. Person taking it was competent to operating it
c. Recording authenticated and duly preserved
d. Testimony was voluntarily made
e. Speaker correctly identified
Demonstrative evidence - experiments
Scientific evidence
a. Should be conducted in a substantially similar
condition to the actual event being litigated

Types of authentication
1.
Testimony of person familiar to the said object
2.
Chain of custody
Electronic evidence
1.
Presented, displayed, shown to the court
2.
Identified, explained and authenticated by either
a. Person who made the recording
b. Person competent to testify on tthe accuracy
Categories of object evidence
1.
Having readily identifiable marks
2.
Having made readily identifiable
3.
Having no identifiable marks and cannot be marked
Real evidence
1.
How is real evidence acquired - by viewing (using
the senses)
a. Limitations to real evidence
i. Not contrary to sensibilities
ii. Not contrary to morals
b. However, in the interest of substantive justice, such
limitations may be disregarded
2.
Testimony as to age
a. Between child and the judge, child is given credence
due to rule on favorability towards accused or
defendent
b. Between parent and child, usually parents are given
more credence given that they know circumstances of
birth of child
3.
Ocular inspections are a form of presentation of
evidence outside the court (example is issue of right of
way)
4.
Should be with notice to parties regarding the
inspection in order for the same to be admissible in court
5.
Before offering in evidence, object evidence should
first be identified

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Evidence Midterms Reviewer

a. Offered after the offering of testimonial evidence
b. Objection to the admission should be done when they
are offered
B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. Documents as evidence
consist of writing or any material containing letters, words,
numbers, figures, symbols or other modes of written
expression offered as proof of their contents. (n)
1. Best Evidence Rule
Section 3. 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. (2a)
Section 4. Original of document.
(a) The original of the document is one the contents of which
are the subject of inquiry.
(b) When a document is in two or more copies executed at or
about the same time, with identical contents, all such copies
are equally regarded as originals.
(c)
When an entry is repeated in the regular course of
business, one being copied from another at or near
the time of the transaction, all the entries are likewise
equally regarded as originals. (3a)
Documentary evidence
1.
Covered by the best evidence rule if the issue is the
contents of the document
2.
The original document is the one whose contents is
the subject matter of inquiry
a. Does not mean it is always the first document. It
depends on the issue sought to be proven
i. Example: Libel
ii. If sought to be proven is the author, then the
original manuscript is the original document
iii.
But if what is sought to be proven is the
publication, the first published copy is the original
document
b. Carbon copies are original documents since they were
made at the same time for the same act
3.
General rule under Best Evidence Rule: Original
document should be presented. Exceptions are (Rule 130
Sec. 3):
a. Lost or destroyed without bad faith on the part of the
offeror

Richard Allan A. Lim

i. To prove that the document was lost, there must be
testimony on the part of persons who have
personal knowledge on the loss of the thing and
that it cannot be found despite reasonable
diligence of searching
1. Fact that document was lost
2. Diligent search for original document
3. Testimony of witnesses to the due execution
of the document
a. Persons who executed the document
b. Persons who served as witnesses to
execution of the document
c. Person who notarized the document
d. Persons who later saw the documentt and
recognized the signatures
e. Persons upon whom the parties
previously confessed the execution of the
document
v. What if the same is part of the public record but
was lost
1. Should have written certification that no such
document is existing in the custody of public
officers (if more than one officer, should be all
of tnem)
i. If there are several documents or copies, it should
be shown that they were all lost
a. Under the custody of person against whom the
evidence is offered ad he fails to present it within a
reasonable period of time
i. Requisites
1. Made upon motion
2. Upon good cause
3. Other party given reasonable time to produce
the document(s)
4. Must be given notice to produce it
ii. If opposing party failed to produce it, then
secondary evidence may be presented
iii.
Opposing party estopped from objecting to
presentation of secondary evidence after failing to
produce original document
b. Consists of voluminous accounts that would cause
great loss of time to examine and what is sought to be
proven is only the general result (example is audit)
i. Documents should be voluminous
ii. Open to examination by parties
iii.
Persons who testifies on documents should
be skilled in the field of the documents sought to
be proven (hence, must be subject to cros
iv.
And he must be the one who conducted the
examination and created the documents
c. Public record in the custody of public officers
i. Copy of said document should be attested or
authenticated by the said officers

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Evidence Midterms Reviewer

Richard Allan A. Lim

2. Secondary Evidence
Section 5. When original document is unavailable. When
the original document has been lost or destroyed, or cannot be
produced in court, the offeror, upon proof of its execution or
existence and the cause of its unavailability without bad faith
on his part, may prove its contents by a copy, or by a recital of
its contents in some authentic document, or by the testimony
of witnesses in the order stated. (4a)
Section 6. When original document is in adverse party's
custody or control. If the document is in the custody or
under the control of adverse party, he must have reasonable
notice to produce it. If after such notice and after satisfactory
proof of its existence, he fails to produce the document,
secondary evidence may be presented as in the case of its loss.
(5a)
Section 7. Evidence admissible when original document is a
public record. When the original of document is in the
custody of public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by the
public officer in custody thereof. (2a)
Section 8. Party who calls for document not bound to offer it.
A party who calls for the production of a document and
inspects the same is not obliged to offer it as evidence. (6a)
Secondary evidence
1.
Kind of secondary evidence
a. Copy of document (Best)
b. Recital of contents (Better)
c. Recollection of witness (Good)
2.
Order of presentation as to proving loss and contents
a. Existence of document
b. Execution
c. Loss
d. Contents
3.
Two schools of thought as to presentation of
secondary evidence
a. Existence of best secondary evidence excludes the
inferior one
b. Parties can present in order but subject to objection of
opposing party.

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