Evidence
RULES OF EVIDENCE
RULE 128
General Provisions
Section 1. Evidence defined
Section 2. Scope
Section 3. Admissibility of Evidence
Section 4. Relevancy; Collateral matters
RULE 129
What Need Not Be Proved
Section 1. Judicial Notice, When Mandatory
Section 2. Judicial Notice, When Discretionary
Section 3. Judicial Notice, When Hearing Necessary
Section 4. Judicial Admissions
RULE 130
Rules On Admissibility
Section 1. Object as Evidence
Section 2. Documentary evidence
Section 3. Original Document Must Be Produced; Exceptions
Section 4. Original of document
Section 5. When original document is unavailable
Section 6. When original document is in adverse party's custody
or control
Section 7. Evidence admissible when original document is a
public record
Section 8. Party who calls for document not bound to offer it
Section 9. Evidence of written agreements
Section 10. Interpretation of a writing according to its
legal meaning
Section 11. Instrument construed so as to give effect to all
provisions
Section 12. Interpretation according to intention
general and particular provisions
Section 13. Interpretation according to circumstances
Section 14. Peculiar signification of terms
Section 15. Written words control printed
Section 16. Experts and interpreters to be used in explaining
certain writings
Section 17. Of Two constructions, which preferred
Section 18. Construction in favor of natural right
Section 19. Interpretation according to usage
Section 20. Witnesses; their qualifications
Section 21. Disqualification by reason of mental incapacity or
immaturity
Section 22. Disqualification by reason of marriage
Section 23. Disqualification by reason of death or insanity
of adverse party
Section 24. Disqualification by reason of privileged
communication
Section 25. Parental and filial privilege
Section 26. Admission of a party
Section 27. Offer of compromise not admissible
Section 28. Admission by third party
Section 29. Admission by co-partner or agent
Section 30. Admission by conspirator
Section 31. Admission by privies
Section 32. Admission by silence
Section 33. Confession
Section 34. Similar acts as evidence
Section 35. Unaccepted offer
Section 36. Testimony generally confined to personal knowledge;
hearsay excluded
Section 37. Dying declaration
Section 38. Declaration against interest
Section 39. Act or declaration about pedigree
Section 40. Family reputation or tradition regarding pedigree
Section 41. Common reputation
Section 42. Part of res gestae
Section 43. Entries in the course of business
Section 44. Entries in official records
Section 45. Commercial lists and the like
Section 46. Learned treatises
Section 47. Testimony or deposition at a former proceeding
Section 48. General rule
Section 49. Opinion of expert witness
Section 50. Opinion of ordinary witnesses
Section 51. Character evidence not generally admissible; exceptions:
RULE 131
Burden of Proof and Presumptions
Section 1. Burden of proof
Section 2. Conclusive presumptions
Section 3. Disputable presumptions
Section 4. No presumption of legitimacy or illegitimacy
RULE 132
Presentation of Evidence
Section 1. Examination to be done in open court
Section 2. Proceedings to be recorded
Section 3. Rights and obligations of a witness
Section 4. Order in the examination of an individual witness
Section 5. Direct examination
Section 6. Cross-examination; its purpose and extent
Section 7. Re-direct examination; its purpose and extent
Section 8. Re-cross-examination
Section 9. Recalling witness
Section 10. Leading and misleading questions
Section 11. Impeachment of adverse party's witness
Section 12. Party may not impeach his own witness
Section 13. How witness impeached by evidence of inconsistent
statements
Section 14. Evidence of good character of witness
Section 15. Exclusion and separation of witnesses
Section 16. When witness may refer to memorandum
Section 17. When part of transaction, writing or record given
in evidence, the remainder, the remainder admissible
Section 18. Right to respect writing shown to witness
Section 19. Classes of Documents
Section 20. Proof of private document
Section 21. When evidence of authenticity of private document
not necessary
Section 22. How genuineness of handwriting proved
Section 23. Public documents as evidence
Section 24. Proof of official record
Section 25. What attestation of copy must state
Section 26. Irremovability of public record
Section 27. Public record of a private document
Section 28. Proof of lack of record
Section 29. How judicial record impeached
Section 30. Proof of notarial documents
Section 31. Alteration in document, how to explain
Section 32. Seal
Section 33. Documentary evidence in an unofficial language
Section 34. Offer of evidence
Section 35. When to make offer
Section 36. Objection
Section 37. When repetition of objection unnecessary
Section 38. Ruling
Section 39. Striking out answer
Section 40. Tender of excluded evidence
RULE 133
Weight and Sufficiency of Evidence
Section 1. Preponderance of evidence, how determined
Section 2. Proof beyond reasonable doubt
Section 3. Extrajudicial confession, not sufficient ground
for conviction
Section 4. Circumstantial evidence, when sufficient
Section 5. Substantial evidence
Section 6. Power of the court to stop further evidence
Section 7. Evidence on motion
RULE 134
Perpetuation of Testimony
Section 1. Petition
Section 2. Contents of petition
Section 3. Notice and service
Section 4. Order of examination
Section 5. Reference to court
Section 6. Use of deposition
Section 7. Depositions pending appeal
INTRODUCTION
DEFINITION of Evidence:
The means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact.(Rule 128, Sec. 1)
The mode and manner of proving competent facts in judicial proceedings. (Bustos v. Lucero)
SCOPE
General Rule: Rules of evidence shall be the same in all courts and in all trials and hearings
Exception: If otherwise provided by:
1) law;
2) ROC.
CLASSIFICATION
Rules Of Court CLASSIFICATION ACCORDING TO FORM
1) OBJECT – Directly addressed to the senses of the court (Rule 130, Sec.1)
Referred to as real evidence or evidence by “autoptic preference”.
2) DOCUMENTARY - Consist of writing or any material containing modes of written expression (i.e. words, numbers, figures, symbols) offered as proof of their contents. (Rule 130, Sec. 2)
3) TESTIMONIAL - Submitted to the court through the testimony or deposition of a witness.
OTHER CLASSIFICATIONS [Regalado]
1) DIRECT – Proves the fact in dispute without aid of any inference or presumption.
CIRCUMSTANTIAL – Proof of fact/s from which, taken singly/collectively, the existence of the particular fact in dispute may be inferred as a necessary/probable consequence. It is evidence of relevant collateral facts.
2) CUMULATIVE – Evidence of the same kind and to the same state of facts.
CORROBORATIVE – Additional evidence of a different character to the same point.
3) PRIMA FACIE – That which, standing alone, is sufficient to maintain the proposition affirmed.
CONCLUSIVE – That class of evidence which the law does not allow to be contradicted.
4) PRIMARY – (Best evidence) The law regards these as affording the greatest certainty of the fact in question.
SECONDARY – (Substitutionary evidence) Permitted by law only when the best evidence is unavailable.
5) POSITIVE – When a witness affirms that a fact did or did not occur (there is personal knowledge).
NEGATIVE – When witness states that he did not see or know of the occurrence of a fact (total disclaimer of personal knowledge).
EVIDENCE COMPARED TO PROOF
- It is the result or effect of evidence; when the requisite quantum of evidence of a particular fact has been duly admitted and given weight, the result is called the proof of such fact.
TO FACTUM PROBANDUM
- The ultimate fact or the fact sought to be established. It refers to the proposition (e.g. victim was stabbed).
TO FACTUM PROBANS
- The evidentiary fact or the fact by which the factum probandum is to be established; refers to the materials that establish the proposition (e.g. bloody knife).