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RULES OF EVIDENCE
Based on the Book of Regalado
Other Laws Governing Evidence
[RULE 128] - GR: Rules of evidence is governed by the Rules of Court (RoC)
GENERAL PROVISIONS - EXC: Application of other laws
Examples:
Sec 1. Evidence defined. - RA 4200 (Anti Wiretapping),
- Code of Commerce (weight of entries in merchant books)
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial - Electronic Commerce Act
proceeding the truth respecting a matter of fact. (1) - NCC, RPC
- Constitution: Bill of Rights - Art III
Sec. 2. Scope. o Sec 2: The right of people against unreasonable searches and
seizures
The rules of evidence shall be the same: o Sec 3: The privacy of communication and correspondence
- in all courts and shall be inviolable (EXC. By order of court or when
- in all trials and hearings, provided by law for safety and public order)
- EXCEPT as otherwise provided by law or these rules. (2a) o Evidence obtained in violation of such provisions shall be
INADMISSIBLE
Notes: Applicability of the Rules of Evidence:
- GR: Applicable ONLY in judicial proceedings
Evidence, defined: Bustos v. Lucero: Evidence is the mode and manner of - EXC: In quasi-judicial proceedings
proving competent facts in judicial proceedings. o The same apply by analogy, or in a suppletory character and
Proof is the result or effect of evidence. whenever practicable and convenient.(Rule 1 Section 4)
- This is the result when the requisite quantum of evidence of a o It shall apply also when the governing law of such
particular fact has been duly admitted and given weight. proceeding specifically adopts such rules
Factum Probandum o Note: NOT applicable in agrarian cases
- Ultimate fact or the fact sought to be established Classification of Evidence According to Form
- Refers to the proposition 1. Object (Real) Evidence: directly addressed to the senses of the court
Factum Probans and consist of tangible things exhibited or demonstrated in open court, in
- The evidentiary fact or the fact by which the factum probandum is to an ocular inspection, or at place designated by the court for its view or
be established. observation of an exhibition, experiment or demonstration.
- Refers to the materials which established the proposition - This is referred to as “autoptic proference” since it proffers or
presents in open court the evidentiary articles for observation or
Rules of Evidence as Procedural Law inspection
- Amendments in such rules may validly be made applicable to cases 2. Documentary Evidence: Evidence supplied by written instruments or
pending at the time of such change. Parties have no vested right in derived from conventional symbols, such as letters, by which ideas are
the rules of evidence. represented on material substances
- HOWEVER, in criminal cases, if the amendment would permit the - Rule 130 Sec 2: writings or any material containing letters, words,
reception of a lesser quantum of evidence to convict, retroactive numbers, figures, symbols or other modes of written expression
application would be unconstitutional for being ex post facto. offered as proof of their contents
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 1|Patiño,Erica
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3. Testimonial Evidence: That which is submitted to the court through the 6. Positive and Negative Evidence
testimony or deposition of a witness. - Positive: when the witness affirms that a fact did or did not occur.
o Entitled to a greater weight since the witness represents of
Other Classification of Evidence: his personal knowledge the presence or absence of a fact.
1. Relevant, Material, and Competent Evidence - Negative Evidence: when the witness did not see or know of the
- Relevant: evidence having any value in reason as tending to prove occurrence of a fact.
any matter provable in an action. o Lesser weight since there is a total disclaimer of personal
o TEST: The logical relation of the evidentiary fact to the fact knowledge, hence without any representation that the fact
in issue, whether the former tends to establish the probability could or could not have existed or happened.
or improbability of the latter. o It is admissible only if it tends to contradict positive
- Material: evidence directed to prove a fact in issue as determined by evidence of the other side or would tend to exclude the
the rules of substantive law and pleadings. existence of fact sworn to by the other side.
o TEST: w/n the fact it intends to prove is an issue or not.
o W/N a fact is in issue: Determined by substantive law, Sec. 3. Admissibility of evidence.
pleadings, pre-trial order and by admissions or confessions
on file. Evidence is admissible when:
o Evidence may be relevant BUT may be immaterial. - it is relevant to the issue AND
- Competent: one that is not excluded by the Rules, statutes or the - is not excluded by the law or these rules. (3a)
Constitution.
2. Direct and Circumstantial Evidence Sec. 4. Relevancy; collateral matters.
- Direct: that which proves the fact in dispute w/o the aid of any
inference or presumption Evidence must have such a relation TO:
- Circumstantial: proof of a fact or facts from which, taken either - the fact in issue as to induce belief in its existence or non-existence.
singly or collectively, the existence of a particular fact in dispute Evidence on collateral matters:
may be inferred as a necessary or probable consequence. - shall NOT be allowed,
3. Cumulative and Corroborative Evidence - EXCEPT when it tends in any reasonable degree to establish the
- Cumulative: evidence of the same kind and to the same state of probability or improbability of the fact in issue. (4a)
facts.
- Corroborative: additional evidence of a different character to the Notes:
same point.
4. Prima Facie and Conclusive Evidence Evidence is ADMISSIBLE when: 2 Requisites (see codal)
- Prima Facie: that which, standing alone, unexplained or - When it is Relevant
uncontradicted, is sufficient to maintain the proposition affirmed. o it must have a relation to the fact in issue as to induce belief
- Conclusive: the class of evidence which the law does not allow to be of its existence or non-existence
contradicted. o Determined by the rules of logic and human experience.
5. Primary and Secondary Evidence - When it is Competent
- Primary: that which the law regards as affording the greatest o When not excluded by the law or by the RoC
certainty of the fact in question. Also known as “best evidence”. o Determined by the prevailing exclusionary rules on evidence
- Secondary: that which is inferior to the primary evidence and is Note: The weight however of admissible evidence depends on judicial
permitted by law only when the best evidence is not available. Also evaluation within the Rule 133 and rules of the SC.
known as “substitutionary evidence”.
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 2|Patiño,Erica
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o While evidence is admissible, it may be entitled to little or - REQUISITE: There should be no bad faith on the part of the
no weight at all. proponent. (necessary to avoid unfair surprises)
o Conversely, evidence of great weight may also be 2. Multiple Admissibility
inadmissible. - When the evidence is relevant AND competent for two or more
purposes, such evidence should be admitted for any or all the
purposes for which it is offered
Requisites of Admissibility of Evidence According to Professor Wigmore - PROVIDED it must satisfy all the requirements for its admissibility.
1. That none but facts having rational probative value are admissible & 3. Curative Admissibility
2. That all facts having rational probative value are not forbidden by - The right of the party to introduce incompetent evidence in his behalf
specific rules where the court has admitted the same kind of evidence adduced by
Note: Here, Relevant Evidence means any class of evidence which has the adverse party.
“rational probative value” to establish the issue in controversy - 3 Theories of Curative Admissibility cited by Wigmore
o American rule – the admission of incompetent evidence
When is admissibility determined? – At the time it is OFFERED to the w/out objection by the opponent, does not justify rebutting it
court by similar incompetent evidence.
- Real Evidence: offered o English rule – if inadmissible evidence is admitted, the
o when the same is presented for its view or evaluation adverse party may resort to similar inadmissible evidence
o when the party rests his case and the real evidence consists o Massachusetts rule –similar incompetent evidence may be
of objects exhibited in court admitted in order to avoid a plain and unfair prejudice
- Testimonial Evidence: offered by the calling of the witness to the caused by the admission of the other party’s evidence
stand - What should be determined to apply the curative admissibility
- Documentary Evidence: offered by the proponent immediately rule?
before he rests his case 1. w/n the incompetent evidence was seasonably objected to
Lack of objection: waiver of the right to object admissibility
When should admissibility be objected? BUT does NOT deprive him to introduce similar rebutting
- At the time evidence is offered to the court OR evidence
- As soon thereafter as the objection to its admissibility shall have 2. w/n the admission of such evidence will cause a plain and
become apparent unfair prejudice to the party against whom it was admitted
o Objection to the qualification of the witness: made at the When the admissible evidence has been improperly
time such person is called to the stand excluded, the other party should not be permitted to
o Objection to the testimony: made at the time the question is introduce similar evidence
asked or after the answer is given when the objectionable
features become apparent by reason of the answer Stonehill, et al. v. Diokno: Documentary evidence illegally obtained, is
Note: if not done within such time – right to object is deemed WAIVED inadmissible on a timely motion or action to suppress. (Applies to illegally
obtained confessions)
Doctrines and Rules of Admissibility Sanctioned by the Supreme Court
1. Conditional Admissibility Collateral Matters, defined: Matters other than the facts in issue and which
- When the evidence at the time it is offered appears to be immaterial are offered as a basis for inference as to the existence or non-existence of the
or irrelevant, such evidence may be received on condition that the facts in issue
other facts will be proved thereafter - GR: Collateral matters are INADMISSIBLE or not allowed
- IF not proved subsequently: evidence given will be stricken out.
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 3|Patiño,Erica
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- EXC: when it tends in any reasonable degree to establish the - allow the parties to be heard thereon.
probability or improbability of the fact in issue (“Circumstantial
Evidence” or evidence of relevant collateral facts) AFTER the trial and BEFORE judgment OR ON appeal, the proper court:
Note: What is prohibited – IRRELEVANT collateral facts - on its own initiative OR on request of a party,
may:
4 Main Divisions of the Rules of Evidence: (1) Admissibility of Evidence - take judicial notice of any matter and
Rule 130; (2) Burden of proof and what need not be proved Rule 131 & 129; - allow the parties to be heard thereon IF such matter is decisive of
(3) Presentation of Evidence Rule 132; (4) Weight and Sufficiency of a material issue in the case.
Evidence Rule 133; Note: Rule 134 has been transposed to Part I as Rule 24
[RULE 129]
WHAT NEED NOT BE PROVED Notes:
Sec 1. Judicial notice, when mandatory. Judicial Notice (JN), Defined: cognizance of certain facts which judges
may properly take and act on without proof.
A court shall take judicial notice, without the introduction of evidence: - JN is based on convenience and expediency.
- of the existence and territorial extent of states, their political - JN relieves the parties from the necessity of introducing evidence to
history, forms of government and symbols of nationality, prove the fact noticed. The fact is proven by JN.
- the law of nations, - The stipulation and admission of the parties or counsel cannot
- the admiralty and maritime courts of the world and their seals, prevail over the operation of the doctrine of judicial notice, and such
- the political constitution and history of the RP, are all subject to the operation of the doctrine.
- the official acts of legislative, Two kinds of JN:
- executive and judicial departments of the RP, - Mandatory
- the laws of nature, - Discretionary
- the measure of time, and How JN May be Taken by the Court:
- the geographical divisions. (1a) 1. On its own initiative or motion
2. When it is requested or invited by the parties
Note: In Either Case, the court may allow the parties to be heard on the
Sec. 2. Judicial notice, when discretionary. matter in question
- The purpose of the hearing: NOT for the presentation of evidence
A court MAY take judicial notice of matters which: o but to afford the parties reasonable opportunity to present
- are of public knowledge, or information relevant to the propriety of taking such JN or to
- are capable to unquestionable demonstration, or the tenor of the matter to be noticed
- ought to be known to judges because of their judicial functions. o Also to notify them of the court’s intention to take JN
(1a) (no notice = improper JN)
What stage may the court take judicial notice of a fact?
Sec. 3. Judicial notice, when hearing necessary. - During trial;
- After trial and before judgment;
During the trial, the court: - On Appeal
- on its own initiative, OR on request of a party, Republic v. CA: JN must be exercised with caution and every reasonable
may: doubt on the subject must be resolved in the negative.
- announce its intention to take judicial notice of any matter and
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 4|Patiño,Erica
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RULES OF EVIDENCE
Based on the Book of Regalado
Other Laws Governing Evidence
[RULE 128] - GR: Rules of evidence is governed by the Rules of Court (RoC)
GENERAL PROVISIONS - EXC: Application of other laws
Examples:
Sec 1. Evidence defined. - RA 4200 (Anti Wiretapping),
- Code of Commerce (weight of entries in merchant books)
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial - Electronic Commerce Act
proceeding the truth respecting a matter of fact. (1) - NCC, RPC
- Constitution: Bill of Rights - Art III
Sec. 2. Scope. o Sec 2: The right of people against unreasonable searches and
seizures
The rules of evidence shall be the same: o Sec 3: The privacy of communication and correspondence
- in all courts and shall be inviolable (EXC. By order of court or when
- in all trials and hearings, provided by law for safety and public order)
- EXCEPT as otherwise provided by law or these rules. (2a) o Evidence obtained in violation of such provisions shall be
INADMISSIBLE
Notes: Applicability of the Rules of Evidence:
- GR: Applicable ONLY in judicial proceedings
Evidence, defined: Bustos v. Lucero: Evidence is the mode and manner of - EXC: In quasi-judicial proceedings
proving competent facts in judicial proceedings. o The same apply by analogy, or in a suppletory character and
Proof is the result or effect of evidence. whenever practicable and convenient.(Rule 1 Section 4)
- This is the result when the requisite quantum of evidence of a o It shall apply also when the governing law of such
particular fact has been duly admitted and given weight. proceeding specifically adopts such rules
Factum Probandum o Note: NOT applicable in agrarian cases
- Ultimate fact or the fact sought to be established Classification of Evidence According to Form
- Refers to the proposition 1. Object (Real) Evidence: directly addressed to the senses of the court
Factum Probans and consist of tangible things exhibited or demonstrated in open court, in
- The evidentiary fact or the fact by which the factum probandum is to an ocular inspection, or at place designated by the court for its view or
be established. observation of an exhibition, experiment or demonstration.
- Refers to the materials which established the proposition - This is referred to as “autoptic proference” since it proffers or
presents in open court the evidentiary articles for observation or
Rules of Evidence as Procedural Law inspection
- Amendments in such rules may validly be made applicable to cases 2. Documentary Evidence: Evidence supplied by written instruments or
pending at the time of such change. Parties have no vested right in derived from conventional symbols, such as letters, by which ideas are
the rules of evidence. represented on material substances
- HOWEVER, in criminal cases, if the amendment would permit the - Rule 130 Sec 2: writings or any material containing letters, words,
reception of a lesser quantum of evidence to convict, retroactive numbers, figures, symbols or other modes of written expression
application would be unconstitutional for being ex post facto. offered as proof of their contents
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 1|Patiño,Erica
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3. Testimonial Evidence: That which is submitted to the court through the 6. Positive and Negative Evidence
testimony or deposition of a witness. - Positive: when the witness affirms that a fact did or did not occur.
o Entitled to a greater weight since the witness represents of
Other Classification of Evidence: his personal knowledge the presence or absence of a fact.
1. Relevant, Material, and Competent Evidence - Negative Evidence: when the witness did not see or know of the
- Relevant: evidence having any value in reason as tending to prove occurrence of a fact.
any matter provable in an action. o Lesser weight since there is a total disclaimer of personal
o TEST: The logical relation of the evidentiary fact to the fact knowledge, hence without any representation that the fact
in issue, whether the former tends to establish the probability could or could not have existed or happened.
or improbability of the latter. o It is admissible only if it tends to contradict positive
- Material: evidence directed to prove a fact in issue as determined by evidence of the other side or would tend to exclude the
the rules of substantive law and pleadings. existence of fact sworn to by the other side.
o TEST: w/n the fact it intends to prove is an issue or not.
o W/N a fact is in issue: Determined by substantive law, Sec. 3. Admissibility of evidence.
pleadings, pre-trial order and by admissions or confessions
on file. Evidence is admissible when:
o Evidence may be relevant BUT may be immaterial. - it is relevant to the issue AND
- Competent: one that is not excluded by the Rules, statutes or the - is not excluded by the law or these rules. (3a)
Constitution.
2. Direct and Circumstantial Evidence Sec. 4. Relevancy; collateral matters.
- Direct: that which proves the fact in dispute w/o the aid of any
inference or presumption Evidence must have such a relation TO:
- Circumstantial: proof of a fact or facts from which, taken either - the fact in issue as to induce belief in its existence or non-existence.
singly or collectively, the existence of a particular fact in dispute Evidence on collateral matters:
may be inferred as a necessary or probable consequence. - shall NOT be allowed,
3. Cumulative and Corroborative Evidence - EXCEPT when it tends in any reasonable degree to establish the
- Cumulative: evidence of the same kind and to the same state of probability or improbability of the fact in issue. (4a)
facts.
- Corroborative: additional evidence of a different character to the Notes:
same point.
4. Prima Facie and Conclusive Evidence Evidence is ADMISSIBLE when: 2 Requisites (see codal)
- Prima Facie: that which, standing alone, unexplained or - When it is Relevant
uncontradicted, is sufficient to maintain the proposition affirmed. o it must have a relation to the fact in issue as to induce belief
- Conclusive: the class of evidence which the law does not allow to be of its existence or non-existence
contradicted. o Determined by the rules of logic and human experience.
5. Primary and Secondary Evidence - When it is Competent
- Primary: that which the law regards as affording the greatest o When not excluded by the law or by the RoC
certainty of the fact in question. Also known as “best evidence”. o Determined by the prevailing exclusionary rules on evidence
- Secondary: that which is inferior to the primary evidence and is Note: The weight however of admissible evidence depends on judicial
permitted by law only when the best evidence is not available. Also evaluation within the Rule 133 and rules of the SC.
known as “substitutionary evidence”.
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 2|Patiño,Erica
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o While evidence is admissible, it may be entitled to little or - REQUISITE: There should be no bad faith on the part of the
no weight at all. proponent. (necessary to avoid unfair surprises)
o Conversely, evidence of great weight may also be 2. Multiple Admissibility
inadmissible. - When the evidence is relevant AND competent for two or more
purposes, such evidence should be admitted for any or all the
purposes for which it is offered
Requisites of Admissibility of Evidence According to Professor Wigmore - PROVIDED it must satisfy all the requirements for its admissibility.
1. That none but facts having rational probative value are admissible & 3. Curative Admissibility
2. That all facts having rational probative value are not forbidden by - The right of the party to introduce incompetent evidence in his behalf
specific rules where the court has admitted the same kind of evidence adduced by
Note: Here, Relevant Evidence means any class of evidence which has the adverse party.
“rational probative value” to establish the issue in controversy - 3 Theories of Curative Admissibility cited by Wigmore
o American rule – the admission of incompetent evidence
When is admissibility determined? – At the time it is OFFERED to the w/out objection by the opponent, does not justify rebutting it
court by similar incompetent evidence.
- Real Evidence: offered o English rule – if inadmissible evidence is admitted, the
o when the same is presented for its view or evaluation adverse party may resort to similar inadmissible evidence
o when the party rests his case and the real evidence consists o Massachusetts rule –similar incompetent evidence may be
of objects exhibited in court admitted in order to avoid a plain and unfair prejudice
- Testimonial Evidence: offered by the calling of the witness to the caused by the admission of the other party’s evidence
stand - What should be determined to apply the curative admissibility
- Documentary Evidence: offered by the proponent immediately rule?
before he rests his case 1. w/n the incompetent evidence was seasonably objected to
Lack of objection: waiver of the right to object admissibility
When should admissibility be objected? BUT does NOT deprive him to introduce similar rebutting
- At the time evidence is offered to the court OR evidence
- As soon thereafter as the objection to its admissibility shall have 2. w/n the admission of such evidence will cause a plain and
become apparent unfair prejudice to the party against whom it was admitted
o Objection to the qualification of the witness: made at the When the admissible evidence has been improperly
time such person is called to the stand excluded, the other party should not be permitted to
o Objection to the testimony: made at the time the question is introduce similar evidence
asked or after the answer is given when the objectionable
features become apparent by reason of the answer Stonehill, et al. v. Diokno: Documentary evidence illegally obtained, is
Note: if not done within such time – right to object is deemed WAIVED inadmissible on a timely motion or action to suppress. (Applies to illegally
obtained confessions)
Doctrines and Rules of Admissibility Sanctioned by the Supreme Court
1. Conditional Admissibility Collateral Matters, defined: Matters other than the facts in issue and which
- When the evidence at the time it is offered appears to be immaterial are offered as a basis for inference as to the existence or non-existence of the
or irrelevant, such evidence may be received on condition that the facts in issue
other facts will be proved thereafter - GR: Collateral matters are INADMISSIBLE or not allowed
- IF not proved subsequently: evidence given will be stricken out.
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 3|Patiño,Erica
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- EXC: when it tends in any reasonable degree to establish the - allow the parties to be heard thereon.
probability or improbability of the fact in issue (“Circumstantial
Evidence” or evidence of relevant collateral facts) AFTER the trial and BEFORE judgment OR ON appeal, the proper court:
Note: What is prohibited – IRRELEVANT collateral facts - on its own initiative OR on request of a party,
may:
4 Main Divisions of the Rules of Evidence: (1) Admissibility of Evidence - take judicial notice of any matter and
Rule 130; (2) Burden of proof and what need not be proved Rule 131 & 129; - allow the parties to be heard thereon IF such matter is decisive of
(3) Presentation of Evidence Rule 132; (4) Weight and Sufficiency of a material issue in the case.
Evidence Rule 133; Note: Rule 134 has been transposed to Part I as Rule 24
[RULE 129]
WHAT NEED NOT BE PROVED Notes:
Sec 1. Judicial notice, when mandatory. Judicial Notice (JN), Defined: cognizance of certain facts which judges
may properly take and act on without proof.
A court shall take judicial notice, without the introduction of evidence: - JN is based on convenience and expediency.
- of the existence and territorial extent of states, their political - JN relieves the parties from the necessity of introducing evidence to
history, forms of government and symbols of nationality, prove the fact noticed. The fact is proven by JN.
- the law of nations, - The stipulation and admission of the parties or counsel cannot
- the admiralty and maritime courts of the world and their seals, prevail over the operation of the doctrine of judicial notice, and such
- the political constitution and history of the RP, are all subject to the operation of the doctrine.
- the official acts of legislative, Two kinds of JN:
- executive and judicial departments of the RP, - Mandatory
- the laws of nature, - Discretionary
- the measure of time, and How JN May be Taken by the Court:
- the geographical divisions. (1a) 1. On its own initiative or motion
2. When it is requested or invited by the parties
Note: In Either Case, the court may allow the parties to be heard on the
Sec. 2. Judicial notice, when discretionary. matter in question
- The purpose of the hearing: NOT for the presentation of evidence
A court MAY take judicial notice of matters which: o but to afford the parties reasonable opportunity to present
- are of public knowledge, or information relevant to the propriety of taking such JN or to
- are capable to unquestionable demonstration, or the tenor of the matter to be noticed
- ought to be known to judges because of their judicial functions. o Also to notify them of the court’s intention to take JN
(1a) (no notice = improper JN)
What stage may the court take judicial notice of a fact?
Sec. 3. Judicial notice, when hearing necessary. - During trial;
- After trial and before judgment;
During the trial, the court: - On Appeal
- on its own initiative, OR on request of a party, Republic v. CA: JN must be exercised with caution and every reasonable
may: doubt on the subject must be resolved in the negative.
- announce its intention to take judicial notice of any matter and
Evidence | Judge Bonifacio | 3B 2009-2010 [This reviewer is lifted from the book of regalado and Beda– not plagiarized you fuckers!] 4|Patiño,Erica
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