FINAL EXAMINATION NOTES ON EVIDENCE  Test of relevancy: Determinable by rules

of logic and human experience.

I. INTRODUCTION
2. Competent
Evidence  Evidence is competent when it is not
excluded by law in a particular case.
 is the means sanctioned by these rules, of 3. Testimonial
ascertaining in a judicial proceeding the truth
 The testimony of a witness, usually on
respecting a matter of fact.
oath or affirmation, given by hos word
 It is part of adjective law.
of mouth in the witness stand.
 Sufficient evidence must generally be adduced
 “Testimonial evidence commands
of all the facts on which a party relies, whether
greater weight than sworn statements
in issue or relevant to the issue.
because testimonies given during trial
Difference between Proof and Evidence are more exact and elaborate.” (People
v. Junas)
Proof Evidence 4. Documentary
The result or perfection The means by which  Consists of writings, recordings,
of evidence. proof is established.
photographs, or any material containing
The end results. The means to an end.
letters, words, sounds, numbers, figures,
symbols, or their equivalent or other
What the rules of evidence determine modes of written expression offered as
proof of their contents. Photographs
 All rights and liabilities are dependent upon and include still pictures, drawings, stored
arise out of facts. images, x-ray films, motion pictures or
 If the proceeding is Criminal, the object is to videos.
ascertain the liability to punishment of the 5. Object
person accused.
 Evidence which proves the fact in
 If the proceeding is Civil, the object is to
dispute without the aid of any inference
ascertain some right of property or of status, or
or presumption.
the right of one party, and the liability of the
 “It is therefore, not limited to that which
other, to some form of relief.
may be known by the sense of vision;
 The rules of evidence determine the following:
but it extends to that which is perceived
(a) The relevancy of facts, or what sort of facts
by the senses of hearing, taste, smell or
may be provided in order to establish the
touch.” (The Value of Physical
existence of the right, duty, or liability
Evidence)
defined by substantive law.
6. Direct
(b) The proof of facts, that is what sort of proof
 Evidence which proves the fact in issue
is to be given of those facts.
without the aid of any inference or
(c) The production of proof of relevant facts,
presumption.
that is, who is to give it and how it is to be
7. Circumstantial
given; and the effect of improper admission
or rejection of evidence.  Proof of facts from which, taken
collectively, the existence of the
Factum Probandum and Factum Probans particular fact in dispute may be inferred
as necessary or probable consequence.
Factum Probandum Factum Probans
 Sufficient to sustain a conviction if:
Proposition to be Material evidencing the
a) There is more than one
established. proposition.
Necessarily conceived as Conceived for practical circumstance;
hypothetical; it is that purposes as existent, and b) The facts from which the
which one party affirms is offered as such for inferences are derived are
and the other denies, the consideration of the proven;
tribunal being as yet not tribunal. c) The combination of all the
committed to either circumstances is such as to
direction. produce a conviction beyond
Brought forward as reasonable doubt.
reality for the purpose of 8. Primary
convincing the tribunal  Evidence which affords the greatest
that the Factum certainty of the fact in question.
Probandum is also a
9. Secondary
reality.
 Evidence which is inferior to primary
evidence and shows on its face that
Classification of Evidence better evidence exists.
10. Positive
1. Relevant
 When a witness affirms that a fact did or
 it has a tendency in reason to establish
did not occur.
the probability or improbability of a fact
11. Negative
in issue.
 When a witness states that he did not see
 “that a reasonable mind might accept as
or know the occurrence of a fact.
adequate to support a conclusion.”
12. Corroborative
(Marcelo v. Bungubung)
  Additional evidence of a different kind
and character, tending to prove the same
 The rules of evidence are not strictly applied in
point.
proceedings before the Labor Arbiter and the
 Necessary when there are reasons to
National Labor Relations Commission,
warrant the suspicion that the witness
Employees’ Compensation Commission,
falsified the truth or that his observation
Securities and Exchange Commission,
has been inaccurate.
Commission on Elections, Agrarian Cases,
13. Cumulative
Immigration Proceedings, Court of Tax Appeals,
 Evidence of the same kind and character Probation Court, Board of Transportation, Police
as that already given tending to prove Commission, and other similar bodies.
the same proposition.
14. Prima Facie No Vested Right of Property in Rules of Evidence
 That which suffices for the proof of a
 No vested right of property in the rules of
particular fact, until contradicted and
evidence,
overcome by other evidence.
 Any evidence admissible according to the laws
15. Conclusive
in force at the time the action accrued, but
 That which is incontrovertible.
admissible according to the laws in force at the
16. Rebuttal
time of the trial, is receivable.
 Evidence that which is given to explain,
 Reason: The rules of evidence are
repel, counteract, or disprove facts given
merely methods of ascertaining facts. It
in evidence by the adverse party.
must be supposed that change of law
17. Sur-rebuttal
merely makes it more likely that the fact
 When plaintiff in rebuttal is permitted to will be truly ascertained, -- either by
introduce new matter, defendant should admitting evidence whose former
be permitted to introduce evidence in suppression, or by suppressing evidence
sur-rebuttal, and to decline to permit whose former admission helped to
him to do so is error, especially where conceal the truth.
the evidence offered in surrebuttal is for
the Rules of Evidence May Be Waived
 first time made competent by the
 There are rules of evidence established merely
evidence introduced by plaintiff in
for the protection of the parties.
rebuttal but defendant should ask for the
 If, according to the well-established doctrine, the
right to meet the new matter.
parties may waive such rules during the trial of a
18. Expert
case, there is no reason why they cannot make
 The testimony of one possessing
the waiver in a contract.
regarding a particular subject or
 However, if the rules of evidence waived by the
department of human activity,
parties has been established by law on grounds
knowledge not usually acquired by other
of public policy, the waiver is void.
persons.
19. Substantial
 That amount of relevant evidence which
II. ADMISSIBILITY
a reasonable mind might accept as
adequate to justify a conclusion. When Evidence is Admissible
SCOPE  In order that evidence may be admissible, two
requisites must concur, namely:
 The rules f evidence shall be the same in all
(1) That it is relevant to the issue; and
courts and in all trials and hearings, except as
(2) That it is competent, that is, it does not
otherwise provided by law.
belong to that class of evidence which is
Difference Between Civil and Criminal Proceedings excluded by the Constitution, the law, or
Rules of Evidence.
Civil Proceedings Criminal Proceedings  Admissibility is therefore determined, first, by
The party attends by The accused attends by Relevancy—an affair of logic and not of law;
accord. compulsion.
second, but only indirectly, by The Law on
There is no presumption The presumption of
Evidence, which, in strictness, only declares
as to either party. innocence attends the
accused throughout the whether matter which is logically probative is
trial until the same has excluded.
been overcome by prima  The rules governing the admissibility of
facie evidence of his evidence does not concern itself with the weight
guilt. to be accorded the testimony or pertinent
The offer of compromise An offer to compromise materials introduced.
does not, generally, is an implied admission  The weight of evidence pertains to
amount to an admission of guilt. evidence already admitted and its
of liability. tendency to convince and persuade.
The plaintiff must prove The government must  Admissibility v. Probative Value
his claim by a establish the guilt of the
preponderance of accused beyond Admissibility Probative Value
evidence. reasonable doubt. The question of The question of
 whether certain pieces whether the admitted that he knows of his own
of evidence are to be evidence proves an personal knowledge, i.e., those
considered at all. issue. which are derived from his own
 The weight of evidence has to do with the effect perception.
of evidence admitted, its tendency to convince o Hearsay evidence is not limited
and persuade. to oral testimony or statements
 The weight pf evidence is not determined but also applies to written
mathematically by the numerical superiority of statements.
the witnesses testifying to a given fact, but  Offer of compromise
depends upon its practical effect in inducing o General Rule (Civil Cases): an
belief on the part of the judge trying the case. offer of compromise is not
Relevancy of Evidence admission of any liability, and is
not admissible in evidence
 Evidence is “relevant” when it has such a against the offeror. Neither is
relation to the fact in issue as to induce a belief evidence of conduct nor
as to its existence or non-existence. statements made in compromise
 The relevancy of evidence does not depend upon negotiations admissible.
its effect or conclusiveness but upon its tendency  Exception: evidence
to establish a controverted fact. Its essential otherwise discoverable
quality is persuasiveness as to existence or non- or offered for another
existence of the fact. purpose, such as
proving bias pr
Materiality of Evidence
prejudice of a witness,
 Evidence is “material” when it is directed to negativing a contention
prove a fact in issue as determined by the rules of undue delay, or
of substantive law and pleadings. proving an effort to
 “Materiality of evidence means its quality of obstruct a criminal
substantial importance to the particular issue, investigation or
apart from its relevancy. prosecution.
o General Rule (Criminal Cases):
Competency of Evidence
an offer of compromise by the
 Evidence is “competent” when it is not excluded accused may be received I
by the law or by the rules in a particular case. evidence as an implied
 The appropriate proof in a particular case. admission of guilt.
 Original Document Rule—When the  Exception: those
subject of inquiry is the contents of a involving quasi-offenses
document, writing, recording, (criminal negligence) or
photograph or other record, no evidence those allowed by the
is admissible other than the original law to be compromised.
document itself (Sec. 3, Rule 130, as  Disqualification by Reason of
amended by A.M. No.19-08-15-SC) marriage. (Section 23, Rule 130, as
 Parole Evidence Rule—When the amended by A.M. No. 19-08-15-SC).
terms of an agreement have been  Disqualification by reason of death or
reduced to writing, it is considered as insanity of adverse party. (Section 39,
containing all the terms agreed upon and Rule 130, as amended by A.M. No. 19-
there can be, as between the parties and 08-15-SC)
their successors in interest, no evidence  Disqualification by reason of
of such terms other than the contents of privileged communication. (Section
the written agreement (Sec. 9, Rule 130, 24, Rule 130, as amended by A.M. No.
as amended by A.M. No. 19-08-15-SC). 19-08-15 SC)
o The Parole Evidence Rule  Exclusionary provisions in the
forbids any addition to, or Constitution such as:
contradiction of, the terms of a o Evidence obtained in violation
written agreement by testimony of the right against unreasonable
or other evidence purporting to searches and seizures and the
show that different terms were privacy of communication and
agreed upon by the parties, correspondence (Sections 2 and
varying the purport of the 3 of Article III);
written agreement. o Confessions and admissions
 Hearsay Evidence Rule—Hearsay is a obtained in violation of the
statement other than one made by the rights of person under custodial
declarant while testifying at a trial or investigation for the
hearing, offered to prove the truth of the commission of an offense
facts asserted therein (Sec. 37, Rule 130, (Section 12, Article III); and
as amended by A.M. No. 10-08-17 SC). o The right against self-
o Basic rule in Evidence that a incrimination (Section 17,
witness can testify only to facts Article III).
Collateral Matters Evidence Illegally Seized Not Admissible
 Those that are outside the controversy, or are not  A search and seizure must be carried out through
directly connected with the principal matter or or on the strength of a judicial warrant
issue in dispute, as indicated in the pleadings of predicated upon the existence of a probable
the parties. cause.
 They are not allowed because they draw away  Evidence obtained and confiscated on the
the mind of the court from the point at issue, and occasion unreasonable searches and seizures are
excite prejudice and mislead it. deemed tainted and should be excluded for being
 They are, however, admissible when they tend in the proverbial fruit of the poisonous tree.
any reasonable degree to establish the
probability or the improbability of the fact in
issue. III. JUDICIAL NOTICE, PRESUMPTIONS,
 When proffered evidence is of substantial JUDICIAL ADMISSIONS
probative value, and will not tend to prejudice or
confuse the fact-finders, all doubt should be Introductory
resolved in favor of admissibility.  All facts must be proved by sufficient
Facts in issue and facts relevant to the issue evidence. But there are certain matters,
however, that require no proof and are
Facts in issue Facts relevant to the subject to judicial notice, facts presumed, or
issue facts judicially admitted.
Those facts which a Those facts which render
plaintiff must prove in probable the existence or JUDICIAL NOTICE
order to establish his non-existence of a fact in
claim and those facts issue, or some other  The cognizance of certain facts which
which the defendant must relevant fact. judges may properly take and act on without
prove in order to establish proof because they already know them.
a defense set up by him,  Based on the Latin maxim “What is known,
but only when the fact need not be proved.”
alleged by one party not  By the taking of judicial notice, the court
admitted by the other dispenses with the traditional form of
party. presentation of evidence.
 The object of judicial notice is to save time,
Multiple Admissibility labor, and expense in securing and
introducing evidence on matter which are
 An item of evidence may be logically relevant in not ordinarily capable of dispute and are not
several aspects, as leading to distinct inferences actually bona fide disputed, and the tenor of
or as bearing upon different issues: For one of which can safely be assumed from the
these purposes, it may be competent, but for tribunal’s general knowledge or from a
another incompetent. slight search on its part.
 In this frequently arising situation, the  Requisites of Judicial Notice:
practice is to admit the evidence only for (1) The matter must be one of common and
the allowable purpose. general knowledge;
(2) It must be well and authoritatively
Conditional Admissibility settled and not doubtful or uncertain;
 The relevancy or admissibility of evidence of a and
particular fact hinges upon the proof of other (3) It must be shown to be within the limits
facts not yet evidenced, and the party is unable of the jurisdiction of the court.
to introduce them both at the same moment.  Judicial Notice is limited to facts evidenced
by public records and facts of general
Curative Admissibility notoriety.
 The courts offer three ways of treating situations  Moreover, a judicially noticed fact must
where one party offers and inadmissible fact be one not subject to a reasonable
which is received: dispute in that it is either:
(1) The admission of an inadmissible fact, (a) Generally known within the
without objection, does not justify the territorial jurisdiction of the trial
opponent in rebutting by other inadmissible court; or
facts; (b) Capable of accurate and ready
(2) The opposite rule, namely, that the opponent determination by resorting to
may resort to similar inadmissible evidence; sources whose accuracy cannot be
and reasonably questionable.
(3) What may be called the intermediate rule, Kinds of Judicial Notice
otherwise known as the Massachusetts Rule,
namely, the opponent may reply with similar 1. Mandatory Judicial Notice
evidence whenever it is needed for removing  A court shall take judicial notice of the
unfair prejudice which might otherwise have following, without the introduction of
ensued from the original evidence, but in no evidence:
other case.
 (1) The existence and territorial extent of  The court, however, cannot take judicial
states, their forms of government and notice of the similarity of chemical
symbols of nationality; components which is technical in nature.
(2) The law of nations;
(3) The admiralty and maritime courts of the 2. DISCRETIONARY JUDICIAL NOTICE
world and their seals;  A court may take judicial notice of matters:
(4) The political constitution and the history (1) Which is ought to be public
of the Philippines; knowledge.
(5) The official acts of the legislative, o Judicial knowledge of facts is measured
executive, and judicial department of the by general knowledge of the same facts.
National Government of the Philippines; o A fact is said to be generally recognized
(6) The laws of nature; or known when its existence or
(7) The measure of time; operation is accepted by the public
(8) The geographical divisions; without qualification or contention.
(9) The acts of the President of the o The test is whether sufficient notoriety
Philippines. attaches to the fact involved as to make
 General Rule: courts are not authorized to it proper to assume its existence without
take judicial knowledge of the contents of proof.
the record of other cases, in the adjudication (2) Are capable of unquestionable
of cases pending before them, even though: demonstration.
(a) the trial judge in fact knows or o In this realm fall most of the facts,
remembers the contents thereof; theories, and conclusion which have
(b) or even when said other cases have been come to be established and accepted by
heard or are pending in the same court; the specialists in the areas of natural
and science, natural phenomena, chronology,
(c) Notwithstanding that may have been technology, history, geography,
heard or are really pending before the statistical facts, and other fields of
same judge. professional and scientific knowledge.
o Exception: in the absence of o Municipal courts and the courts of the
objection and as a matter of justices of the peace may, and should,
convenience to all parties, a take judicial notice of municipal
court may properly treat all or ordinances in force in the municipality
any part of the original record of in which they sit.
a case filed in its archives as (3) Ought to be known to judges because
read into the record of a case of their judicial functions.
pending before it: o Fact which are ascertainable from the
(a) With the knowledge of the record of a court proceeding are among
opposing party, reference is those matters which judges are supposed
made to it for the purpose by to know by reason of their judicial
name and number or in functions.
some other manner by which
it is designated; or
(b) When the original record of
When Hearing Necessary
the former case or some part
thereof is actually During Pre-Trial and Before Judgment or On
withdrawn from the archives The Trial Appeal
by the court’s direction at The court, motu proprio The court, motu proprio
the request or with the or upon motion, shall or upon motion, mat take
consent of the parties and hear the parties upon the judicial notice of any
admitted as part of the propriety of taking matter and shall hear the
record of the case then judicial notice of any parties thereon if such
pending. matter. matter is decisive of a
material issue in the case.
 In a case on trial, the court will take judicial
 A hearing may be necessary to afford the
notice of its records and of the facts which
parties reasonable opportunity to present
the record establishes, including the record
information relevant to the propriety of
of the preliminary investigation in a criminal
taking such judicial notice or to the tenor of
case filed before a Court of First Instance.
the matter to be noticed.
 While it is an accepted rule that an appellate
 This provision is based upon basic notions
court cannot consult the record in another
of procedural due process, since judicial
case cannot ascertain a fact not shown by the
notice largely preempts the normal course of
record of the case before it, such appellate
fact-finding procedure.
court can go to its decisions in another case
for the law that is determinative of or Judicial notice taken during trial distinguished from
applicable to the case under review. that taken after trial but before judgment or on
 Judicial notice is taken of the familiar and appeal
the unquestioned laws of nature and of the
existence of facts which must have happened During Trial After the Trial but
according to the constant course of nature. Before Judgment or On
 Appeal
The court may announce The court may take
its intention to take judicial notice of any
judicial notice of any matter and allow the
matter and may hear the parties to be heard
parties thereon. thereon if such matter is
decisive of a material
issue in the case.
Example: In a trial, a Example: In a suit on a
witness states, “I came promissory note the
home about the time of plaintiff recovered
sunset. I believe it was judgment in the lower
September 5. I know it court. After the appeal
was a weekend.” was taken, the appellate
court discovered that the
The Court may announce date of the note was a
its intention to take Sunday, a decisive fact
judicial notice that that would make the note
September 5 is a Sunday void. The appellate court
and that sunset was 6:40 may announce its
p.m., and give the parties intention to take judicial
the opportunity to be notice of the fact as
heard on that matter. shown by the calendar
and require the parties to
be heard on the matter.