ASSIGNMENT 1

FILL THE BLANK BY WRITING BY WRITING THE WORD OR GROUP OF WORDS MISSING. PLEASE
FOLLOW THE INSTRUCTION GIVEN. READ THE CODAL PROVISION FROM RULE 128, 129, 130.
1. Evidence is the means, sanctioned by these rule, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
2. 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.
3. Evidence is admissible when it is relevant to the issue and not excluded by the
Constitution, the law or these rules.
4. 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.
5. A court shall take judicial notice, without the introduction of evidence, of the existence
and territorial extent of states, their political history, forms of government and symbols
of nationality, the law of nations, the admiralty and maritime courts of the world and
their seals, the political constitution and history of the Philippines, the official acts of
legislative, executive and judicial departments of the Philippines, the law of nature, the
measure of time, and the geographical divisions.
6. A court may take judicial notice of matters which are of public knowledge, or are
capable to unquestionable demonstration, or ought to be known to judges because of
their judicial functions.
7. During the trial, the court, on its own initiative, or on request of a party, may announce
its intention to take judicial notice of any matter and allow the parties to be heard
thereon.
8. An admission, verbal or written, made by the party in the course of the proceedings in
the same case, does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that no such admission was
made.
9. Objects as evidence are those addressed to the senses of the court. When an object is
relevant to the fact in issue, it may be exhibited to, examined or view by the court.
10. Documents as evidence consist of writing or any material containing letters, words,
sounds, numbers, figures, symbols, pr their equivalent, or other modes of written
expression offered as proof of their contents. Photographs include still pictures,
drawings, stored images, x-ray films, motion pictures or videos.
11. Original document must be produced; exceptions. — When the subject of inquiry is the
contents of a document, writing, recording, photograph pr other record, no evidence
shall be admissible other than the original document itself, except in the following
cases:
(a) When the original has been lost or destroyed, or cannot be produced in court, without bad
faith on the part of the offeror;
(b) When the original is in the custody or under the control of the party against whom the
evidence is offered, and the latter fails to produce it after reasonable notice, or the original
cannot be obtained by local judicial processes or procedures;
(c) When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them is
only the general result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a
public office
12. Original of document. —
(a) The original of the document is one the contents of which are the subject of inquiry.
(b) When a document is in two or more copies executed at or about the same time, with
identical contents, all such copies are equally regarded as originals.
(c) When an entry is repeated in the regular course of business, one being copied from another
at or near the time of the transaction, all the entries are likewise equally regarded as originals.

13. When the terms of an agreement have been reduced to writing, it is considered as
containing all the terms agreed upon and there can be, between the parties and their
successors in interest, no evidence of such terms other than the contents of the written
agreement.
However, a party may present evidence to modify, explain or add to the terms of
written agreement if he puts in issue in his pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the parties
thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.
14. The language of a writing is to be interpreted according to the legal meaning it bears
in the place of its execution, unless the parties intended otherwise.
15. Except as provided in the next succeeding section, all persons who can perceive, and
perceiving, can make their known perception to others, may be witnesses.