EVIDENCE
— The parties shall file with the court
1. ROLE OF EVIDENCE IN THE ADJUDICATION PROCESS
Rule 128. General Provisions
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. (1)
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. (2a)
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)
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)
Rule 18. Pre-Trial
Section 2. Nature and purpose. — The pre-trial is mandatory.
The court shall consider:
(d) The possibility of obtaining stipulations or
admissions of facts and of documents to avoid
unnecessary proof;
Section 6. Pre-trial brief.
and serve on the adverse party, in such manner as shall
ensure their receipt thereof at least three (3) days before the
date of the pre-trial, their respective pre-trial briefs which
shall contain, among others:
(b) A summary of admitted facts and proposed
stipulation of facts;
Section 7. Record of pre-trial. — The proceedings in the pre-
trial shall be recorded. Upon the termination thereof, the
court shall issue an order which shall recite in detail the
matters taken up in the conference, the action taken
thereon, the amendments allowed to the pleadings, and
the agreements or admissions made by the parties as to any
of the matters considered. Should the action proceed to
trial, the order shall, explicitly define and limit the issues to be
tried. The contents of the order shall control the subsequent
course of the action, unless modified before trial to prevent
manifest injustice. (5a, R20)
Rule 30. Trial
Section 6. Agreed statement of facts. — The parties to any
action may agree, in writing, upon the facts involved in the
litigation, and submit the case for judgment on the facts
agreed upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial
shall be held as to the disputed facts in such order as the
court shall prescribe. (2a, R30)
2. DEFINITION AND SCOPE
Rule 128. General Provisions
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. (1)
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. (2a)
3. CONTEXT: THE RECORD
RULE 132. Presentation of Evidence
A. Examination of Witnesses
Section 2. Proceedings to be recorded. — The entire
proceedings of a trial or hearing, including the questions
propounded to a witness and his answers thereto, the
statements made by the judge or any of the parties,
counsel, or witnesses with reference to the case, shall be
recorded by means of shorthand or stenotype or by other
means of recording found suitable by the court.
A transcript of the record of the proceedings made by the
official stenographer, stenotypist or recorder and certified as
correct by him shall be deemed prima facie a correct
statement of such proceedings. (2a)
Rule 30. Trial
Section 6. Agreed statement of facts. — The parties to any
action may agree, in writing, upon the facts involved in the
litigation, and submit the case for judgment on the facts
agreed upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial
shall be held as to the disputed facts in such order as the
court shall prescribe. (2a, R30)
Section 7. Statement of judge. — During the hearing or trial
of a case any statement made by the judge with reference
to the case, or to any of the parties, witnesses or counsel,
shall be made of record in the stenographic notes. (3a, R30)
Rule 15. Motions
Section 3. Contents. — A motion shall state the relief sought
to be obtained and the grounds upon which it is based, and
if required by these Rules or necessary to prove facts alleged
therein, shall be accompanied by supporting affidavits and
other papers. (3a)
Rule 132. Presentation of Evidence
C. Offer And Objection
Section 39. Striking out answer. — Should a witness answer
the question before the adverse party had the opportunity
to voice fully its objection to the same, and such objection
is found to be meritorious, the court shall sustain the
objection and order the answer given to be stricken off the
record.
On proper motion, the court may also order the striking out
of answers which are incompetent, irrelevant, or otherwise
improper. (n)
Rule 18. Pre-Trial
Section 7. Record of pre-trial. — The proceedings in the pre-
trial shall be recorded. Upon the termination thereof, the
court shall issue an order which shall recite in detail the
matters taken up in the conference, the action taken
thereon, the amendments allowed to the pleadings, and
the agreements or admissions made by the parties as to any
of the matters considered. Should the action proceed to
trial, the order shall, explicitly define and limit the issues to be
tried. The contents of the order shall control the subsequent
course of the action, unless modified before trial to prevent
manifest injustice. (5a, R20)
Rule 133. Weight and Sufficiency of Evidence
Section 7. Evidence on motion. — When a motion is based
on facts not appearing of record the court may hear the
matter on affidavits or depositions presented by the
respective parties, but the court may direct that the matter
be heard wholly or partly on oral testimony or depositions.
(7)
Rule 40. Appeal From Municipal Trial Courts to the Regional
Trial Courts
Section 6. Duty of the clerk of court. — Within fifteen (15)
days from the perfection of the appeal, the clerk of court or
the branch clerk of court of the lower court shall transmit the
original record or the record on appeal, together with the
transcripts and exhibits, which he shall certify as complete,
to the proper Regional Trial Court. A copy of his letter of
transmittal of the records to the appellate court shall be
furnished the parties. (n)
Rule 41. Appeal From The Regional Trial Courts
Section 10. Duty of clerk of court of the lower court upon
perfection of appeal. — Within thirty (30) days after
perfection of all the appeals in accordance with the
preceding section, it shall be the duty of the clerk of court of
the lower court:
(d) To transmit the records to the appellate court.
If the efforts to complete the records fail, he shall indicate in
his letter of transmittal the exhibits or transcripts not included
in the records being transmitted to the appellate court, the
reasons for their non-transmittal, and the steps taken or that
could be taken to have them available.
The clerk of court shall furnish the parties with copies of his
letter of transmittal of the records to the appellate court.
(10a)
Section 11. Transcript. — Upon the perfection of the appeal,
the clerk shall immediately direct the stenographers
concerned to attach to the record of the case five (5)
copies of the transcripts of the testimonial evidence referred
to in the record on appeal. The stenographers concerned
shall transcribe such testimonial evidence and shall prepare
and affix to their transcripts an index containing the names
of the witnesses and the pages wherein their testimonies are
found, and a list of the exhibits and the pages wherein each
of them appears to have been offered and admitted or
rejected by the trial court. The transcripts shall be transmitted
to the clerk of the trial court who shall thereupon arrange
the same in the order in which the witnesses testified at the
trial, and shall cause the pages to be numbered
consecutively. (12a)
Section 12. Transmittal. — The clerk of the trial court shall
transmit to the appellate court the original record or the
approved record on appeal within thirty (30) days from the
perfection of the appeal, together with the proof of
payment of the appellate court docket and other lawful
fees, a certified true copy of the minutes of the proceedings,
the order of approval, the certificate of correctness, the
original documentary evidence referred to therein, and the
original and three (3) copies of the transcripts. Copies of the
transcripts and certified true copies of the documentary
evidence shall remain in the lower court for the examination
of the parties. (11a)
Rule 42. Petition for Review From the Regional Trial Courts to
the Court of Appeals
Section 7. Elevation of record. — Whenever the Court of
Appeals deems it necessary, it may order the clerk of court
of the Regional Trial Court to elevate the original record of
the case including the oral and documentary evidence
within fifteen (15) days from notice. (n)
Rule 43. Appeals From the Court of Tax Appeals and Quasi-
Judicial Agencies to the Court of Appeals
Section 11. Transmittal of record. — Within fifteen (15) days
from notice that the petition has been given due course, the
Court of Appeals may require the court or agency
concerned to transmit the original or a legible certified true
copy of the entire record of the proceeding under review.
The record to be transmitted may be abridged by
agreement of all parties to the proceeding. The Court of
Appeals may require or permit subsequent correction of or
addition to the record. (8a)
Rule 44. Ordinary Appealed Cases
Section 3. Order of transmittal of record. — If the original
record or the record on appeal is not transmitted to the
Court of Appeals within thirty (30) days after the perfection
of the appeal, either party may file a motion with the trial
court, with notice to the other, for the transmittal of such
record or record on appeal. (3a, R46)
Rule 45. Appeal by Certiorari to the Supreme Court
Section 8. Due course; elevation of records. — If the petition
is given due course, the Supreme Court may require the
elevation of the complete record of the case or specified
parts thereof within fifteen (15) days from notice. (2a)
4. PROOF – FACTUM PROBANDUM AND FACTUM PROBANS
5. QUESTION OF LAW AND QUESTION OF FACT
6. ADMISSIBILITY AND RELEVANCE
Rule 128. General Provisions
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)
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)