NOTES ON EVIDENCE Example:

ADMISSIBILITY OF EVIDENCE (Sec. 3, Rule 128 In an action for damages arising from a car
of accident, the plaintiff, despite objection by the
the Rules of defendant, introduced evidence to show that on
Court) several occasions the defendant in the past had
injured pedestrians because of his negligence.
Requisites for evidence to be admissible, The evidence was offered to prove the
the following must concur: defendants propensity for negligence. Under
(a) the evidence is relevant; and Sec. 34, Rule 130 of the Rules of Court, this kind
(b) the evidence is not excluded by the rules of evidence is inadmissible because evidence
(competent). that a person did a certain thing at one time is
not admissible to prove that he did the same or a
Kinds of Admissibility of Evidence: similar thing. If we were to follow the concept of
curative admissibility, the court may be asked to
(a) Multiple evidence that is plainly relevant give the party against whom the evidence was
and competent for two or more purposes will be admitted the chance to contradict or explain the
received if it satisfies all the requirements alleged past acts he committed and to show
prescribed by law in order that it may be evidence of past acts of diligence of the
admissible for the purpose for which it presented, defendant to counteract the prejudice which the
even if it does not satisfy the other requisites of improperly admitted evidence may have caused.
admissibility for other purposes.
Rule 128, Section 3 of the Rules of Court
Example:
Evidence is admissible when it is relevant to the
A dying declaration of a person. It may be issue and is not excluded by the law or these
offered as (a) a dying declaration under Sec. 37, rules.
Rule 130; or (b) as part of res gestae; or (c) as a
declaration against interest (sec. 38, Rule 130). Admissibility vs. Weight
(b) Conditional evidence appears to be Admissibility The quality or state of being
immaterial is admitted by the court subject to the allowed to be entered into evidence in a hearing,
condition that its connection with another fact trial or other official proceeding.
subsequent to be proved will be established.
Otherwise, such fact already received will be Weight the value or quantity given to a matter.
striken off the record at the initiative of the
adverse party. Admissibility of Evidence depends on its
relevance and competence.
Example:
Weight of Evidence pertains to evidence
Mr. A files an action for the recovery of already admitted and its tendency to convince
ownership of a parcel of land against Mr. B. The and persuade.
complaint alleges that Mr. A is the owner of the
property. During trial, Mr. A adduces evidence 2 Axioms of Admissibility per Wigmore:
that sometime in 1992, the property subject of
the action was bought by Mr. C from a certain Mr. (1) That none but facts having rational probative
O. Mr. B objects on the ground that the evidence value are admissible (relevance); and
is irrelevant to support the claim of ownership of
Mr. A. Mr. A then may ask the court to (2) That all facts having rational probative value
conditionally allow testimony with the are admissible unless some specific rule forbids
undertaking to show later that he bought the (competence).
property from Mr. C who in turn bought it from Mr.
O. When is Evidence relevant?
(c) Curative evidence that is otherwise To be relevant, evidence must have such a
improper is admitted (despite objection from the relation to the fact in issue as to induce belief in
other party) to contradict improper evidence its existence or non-existence. (Sec. 4, Rule 128)
presented or introduced by the other party, to
cure, contradict, or neutralize such improper
evidence.
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The evidence adduced should be directed to the
matters in dispute and any evidence which has accused without provocation.
neither direct nor indirect relationship to such
matters must be set aside as irrelevant.

Rule 128, Section 4 of the Rules of Court

Requisites for conviction based on
Evidence must have such a relation to the fact in circumstantial evidence:
issue as to induce belief in its existence or non-
existence. Evidence on collateral matters shall The following requisites must concur:
not be allowed, except when it tends in any
reasonable degree to establish the probability or (a) there is more than one circumstance;
improbability of the fact in issue.
(b) the facts from which the inferences are
derived are proven; and

Materiality of Evidence (c) the combination of all the circumstances is

such as to produce a conviction beyond
Material Evidence - is evidence directed to reasonable doubt.
prove a fact in issue as determined by the rules of
substantive law and pleadings. Flight or Non-flight of the Accused:

When is Evidence Material? Flight per se is not synonymous with guilt and
must always be attributed to ones consciousness
An evidence is material when it has a direct of guilt.
relation to the fact in issue.
- flight alone is not a reliable indicator of
The materiality of the evidence is determined by guilt without other circumstances because flight
whether the fact it intends to prove is in issue or alone is inherently ambiguous.
not.
Non-Flight does not signify innocence.
As to whether a fact is in issue or not is in turn - it is simply an inaction, which may
determined by the substantive law, the pleadings, be due to several factors.
the pre-trial order and by the admissions and - it cannot be singularly considered as
confessions on file. evidence or as a manifestation determinative of
innocence.
Direct Evidence vs. Circumstantial Evidence - like the defense of alibi, the defense
of non-flight cannot prevail against the weight of
Circumstantial positive identification of the appellants.
Direct Evidence
Evidence
The proof of a fact or facts Cumulative Evidence vs. Corroborative
from which, taken either Evidence:
singularly or collectively, the
Proves the fact in dispute
existence of the particular Corroborative
without the aid of any Cumulative Evidence
fact in dispute may be
inference or presumption. Evidence
inferred as a necessary or
Additional evidence of a
probable consequence. Evidence of the same kind to
different character to the
the same state of facts.
same point.
Example:
Example:
The testimony of the Example:
prosecution witness claiming Example:
Pedro saw Juan stabbing the
that he personally witnessed victim three times at the Weena testified that the gun
the attack by the accused on The testimony of the victim
upper left chest. Mara and marked as Exhibit A was the
the victim without the latters that he dreads the mere Clara also testified that they weapon used in the shooting
provocation. presence of the accused is
both personally saw Juan of the victim, the findings of
direct evidence that the stabbing the victim three the crime laboratory that the
statement was made.
times at the upper left chest gun bears only the
However, it is also of the latter. fingerprints of the accused
circumstantial evidence to
corroborates the testimony of
show that this fear prevented Weena.
the victim from attacking the

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 To justify relaxation of the rules, a satisfactory
explanation and a subsequent fulfilment of the
requirements have always been required.

No one can have a vested right in the rules

Sec. 22 on the Rule on Examination of Child of evidence:
Witness:
because the rules of evidence are subject to
Corroboration shall not be required of a change by the SC pursuant to its powers to
testimony of a child. His testimony if credible by promulgate rules concerning pleading, practice
itself, shall be sufficient to support a finding of and procedure.
fact, conclusion or judgment subject to the
standard of proof required in criminal and non- Waiver of the Rules of Evidence:
criminal cases.
the rules of evidence may be waived.
Positive and Negative Evidence: When an otherwise objectionable evidence is
not objected to, the evidence becomes
admissible because of waiver.
Positive Evidence Negative Evidence

Evidence is positive when he

Evidence is negative when Rule 130, Sec. 34 (Similar Acts as Evidence)
the witness states that he did
affirms that a fact did or did
not see or know of the Evidence that one did or did not do a certain
not occur.
occurrence of a fact.
thing at one time, is not admissible to prove that
he did or did not do the same or a similar thing at
Example: another time but it may be received to prove a
Example: specific intent or knowledge, identity, plan,
W testified that he could not system, scheme, habit, custom or usage and the
W testified that he saw P fire
have fired the gun because like.
a gun at the victim.
he was not armed during the
incident. this provision constitutes the second branch of
the res inter alios acta rule.
NOTE: Positive testimony is entitled to greater weight since the rule prohibits the so-called propensity
the witness represents of his personal knowledge the
presence or absence of a fact; whereas in negative testimony, evidence which is evidence that tends to show
there is a total disclaimer of personal knowledge, hence that what a person has done at one time is
without any representation or disavowal that the fact in probative of the contention that he has done a
question could or could not have existed or happened. When a similar act at another time.
witness declares of his own knowledge that a fact did not take
place, is actually positive testimony since it is an affirmation
of the truth of a negative fact. Evidence of similar acts or occurrences
compels the defendant to meet allegations that
Liberal Construction of the Rules of are not mentioned in the complaint, confuses him
Evidence: in his defense, raises a variety of relevant issues,
and diverts the attention of the court from the
(Sec. 6, Rule 1 of the Rules of Court) issues immediately before it. Hence, the
evidentiary rule guards the practical
Like all other provisions under the rule of court, inconvenience of trying collateral issues and
the rules of evidence must be liberally construed. protracting the trial and prevents surprise or
other mischief prejudicial to litigants.
Rules of Procedure are mere tools intended to
facilitate rather than frustrate the attainment of Impeachment Proceedings in the Philippines
justice. A strict and rigid application of the rule being sui generis:
must always be eschewed if it would subvert their
primary objective of enhancing substantial Chief Justice Puno described an impeachment
justice. proceeding in his concurring and dissenting
opinion in the case of Francisco vs. House of
Procedural rules must be liberally interpreted Representatives.
and applied so as not to frustrate substantial
justice. After tracing the history of impeachment from
England to the United States and finally to the
Philippines, the then Associate Justice Puno

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declared that there is a commixture of political Credible Evidence refers to worthiness of
and judicial components in our re-engineered belief, that quality which renders a witness
concept of impeachment. It is for this reason and worthy of belief.
more that impeachment proceedings are
classified as sui generis. Our impeachment
proceedings are indigenous, a kind of its own.
They have been shaped by our distinct political
experience especially in the last fifty years.
Competency of a witness vs. Credibility of a
Fruit of the Poisonous Tree witness:

The doctrine speaks that illegally seized Competency of a witness refers to the basic
documents, papers, and things are qualifications of a witness as his capacity to
inadmissible in evidence. The exclusion of perceive and his capacity to communicate his
such evidence is the only practical means of perception to others.
enforcing the constitutional injunction against
unreasonable searches and seizures. Credibility of a witness refers to the
believability of a witness.
Sec. 2, Rule 3 of the Rules on Electronic
Evidence: Judicial Notice:

Electronic evidence is competent evidence and All matters which the court may take
is admissible if it complies with the rules on cognizance of without evidence are called judicial
admissibility prescribed by the Rules of Court and notice.
is authenticated in the manner prescribed.
based on the maxim what is known need not
Collateral Matters: be proved.

Collateral matters are matters other than facts in Processual Presumptions:

issue and which are offered as a basis for
inference as to the existence or non-existence of this doctrine states that there is no judicial
the facts in issue. notice of any foreign law. A foreign law must be
properly pleaded and proved as a fact. If the
Example: foreign law involved is not properly pleaded and
proved, our courts will presume that the foreign
Evidence of a bad reputation of the accused for law is the same as our local, or domestic, or
being troublesome and aggressive does not make internal law.
the evidence admissible to prove his guilt.
Afterall, the culprit could have been the person How to prove foreign law?
with the most endearing reputation.
To prove foreign law, the requirements of
When Collateral Matters are allowed? Secs. 24 and 25 of Rule 132 must be complied
with, that is by an official publication or by a
GR: Collateral matters are not allowed because it duly attested and authenticated copy thereof.
does not have direct relevance to the issue of the
case. The party invoking it must present a copy
thereof and comply with Sections 24 and 25 of
EXC: It may be allowed if it tends in any Rule 132 of Rules of Court which reads:
reasonable degree to establish the probability or
improbability of the fact in issue. SEC. 24. Proof of official record. The record
of public documents referred to in paragraph (a)
Admissible Evidence vs. Credible Evidence of Section 19, when admissible for any purpose,
may be evidenced by an official publication
Admissible Evidence evidence of such a thereof or by a copy attested by the officer
character that the court, pursuant to the rules of having the legal custody of the record, or by his
evidence, is bound to receive it or to allow it to be deputy, and accompanied, if the record is not
introduced at the trial. kept in the Philippines, with a certificate that such
officer has the custody. If the office in which the
record is kept is in a foreign country, the
certificate may be made by a secretary of the

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embassy or legation, consul general, consul, vice pending action adopted or read into the
consul, or consular agent or by any officer in the record of the latter; and
foreign service of the Philippines stationed in the
foreign country in which the record is kept, and (b) When the original record of the other case
authenticated by the seal of his office. or any part of it is actually withdrawn from
the archives at the courts discretion upon
SEC. 25. What attestation of copy must the request, or with the consent, of the
state. Whenever a copy of a document or record parties, and admitted as part of the record
is attested for the purpose of the evidence, the of the pending case.
attestation must state, in substance, that the
copy is a correct copy of the original, or a specific No Judicial Notice on Post office practice on
part thereof, as the case may be. The attestation registered mail
must be under the official seal of the attesting
officer, if there be any, or if he be the clerk of a That a registered letter when posted is
court having a seal, under the seal of such court. immediately stamped with the date of its
receipt, indicating therein the number of the
Material requisites on taking judicial notice registry, both on the covering envelope itself
and on the receipt delivered to the person
Matters of judicial notice have three material who delivered the letter to the office is not a
requisites: (1) the matter must be one of common proper subject of judicial notice. This post
and general office practice is not covered by any of the
knowledge; instances under the Rules and is not of
unquestionable demonstration.
(2) it must be well and authoritatively settled and
not
doubtful or uncertain; and Judicial Notice of Banking Prcatices

(3) it must be known to be within the limits of the While a court is not mandated to take judicial
jurisdiction of the court. notice of this practice under Section 1 of Rule
129, it nevertheless may do so under Section
The principal guide in determining what facts 2 of the same Rule on discretionary judicial
may be assumed to be judicially known is that of notice.
notoriety. Hence, it can be said that judicial notice
is limited to facts evidenced by public records and Section 2, Rule 129 provides that a court may
facts of general notoriety. (Sps. Latip vs. Chua) take judicial notice of matters which are of
public knowledge, or ought to be known to
Judicial Notice of a Courts Own Acts and judges because of their judicial functions.
Records Thus, the Court has taken judicial notice of
the practices of banks and other financial
A court may take judicial notice of its own acts institutions. Precisely, it has noted that it is
and records in the same case. their uniform practice, before approving a
loan, to investigate, examine and asses
No Judicial Notice of Records of Other Cases would-be borrowers credit standing or real
estate offered as security for the loan applied
While the courts may take judicial notice of its for.
own acts and records in the same case, as a rule,
courts are not authorized to take judicial notice of Judicial Admission
the contents of the records of other cases, even
when such cases have been tried or are pending An admission, verbal or written, made by
in the same court, and notwithstanding the fact a party in the course of the proceedings in
that both cases may have been heard or are the same case, which does not require
actually pending before the same judge. proof.

EXECEPTIONS to the above rule: Section 4 of Rule 129 of the Rules of Court

(a) When in the absence of any objection, Section 4. Judicial admissions. An

with the knowledge of the opposing party, admission, verbal or written, made by the
the contents of said other case are clearly party in the course of the proceedings in
referred to by title and number in a the same case, does not require proof. The
admission may be contradicted only by
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 showing that it was made through considered. Should the action proceed to
palpable mistake or that no such trial, the order shall, explicitly define and
admission was made. limit the issues to be tried. The contents of
the order shall control the subsequent
Elements of Judicial Admissions course of the action, unless modified
before trial to prevent manifest injustice.
(1) Must be made by a party to a case
(2) Must be made in the course of the
proceedings in the same case
(3) May be verbal or written

When can a party make judicial admissions?

A party may make judicial admissions in:

(a) The pleadings;

(b) During the trial, either by verbal or
written manifestations or
stipulations; or
(c) In other stages of judicial Admissions in the Pre-trial of Criminal Cases
proceedings.
An admission made by the accused in the
Admissions in the Pre-Trial of Civil case pre-trial of a criminal case is not
necessarily admissible against him. To be
One of the purposes of a pre-trial in a civil admissible, the condition set forth by Sec.
case is for the court to consider the 2 of Rule 118 must be complied with:
possibility of obtaining stipulations or
admissions of facts. Section 2. Pre-trial agreement. All
A pre-trial is mandatory and because it is agreements or admissions made or entered
mandatory, it is an important part of a civil during the pre-trial conference shall be reduced in
proceeding. writing and signed by the accused and counsel,
Admissions therefore in the pre-trial, as otherwise, they cannot be used against the
well as those made during the depositions, accused. The agreements covering the matters
interrogatories or requests for admission, referred to in section 1 of this Rule shall be
are all deemed judicial admissions approved by the court.
because they are made in the course of
the proceedings of the case. A stipulation of facts entered into by the
Admissions in pre-trial briefs are judicial prosecution and defense counsel during
admissions and well-settled is the rule that trial in open court is automatically reduced
an admission whether verbal or written, in writing and contained in the official
made by a party in the course of the transcript of the proceedings had in court.
proceedings in the same case, does not The conformity of the accused in the form
require proof. of his signature affixed thereto is
unnecessary in view of the fact that an
Sec. 7 of Rule 18 of the Rules of Court attorney who is employed to manage a
partys conduct of a lawsuit has prima
Section 7. Record of pre-trial. The facie authority to make relevant
proceedings in the pre-trial shall be admissions by pleadings, by oral or written
recorded. Upon the termination thereof, stipulation which, unless allowed to be
the court shall issue an order which shall withdrawn are conclusive. In fact judicial
recite in detail the matters taken up in the admissions are frequently those of counsel
conference, the action taken thereon, the or of the attorney of record, who is, for the
amendments allowed to the pleadings, purpose of the trial the agent of his client.
and the agreements or admissions made When such admissions are made, they
by the parties as to any of the matters bind the client.

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