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EVIDENCE IN GENERAL
Inpormation indicating whether a belief or proposition is true or valid.

EVIDENCE IN RULE 128

- Evidence is the means sanctioned by these rule of ascertaining in a a matter of fact in a judici
al proceeding the truth respecting a matter of fact
*Purpose: matter of truth.
*Admissibility: admissible when, it is relevant to the issue and not excluded by the law or these
rule.

DOCTRINE OF THE FRUIT OF THE POISONOUS TREE -

IT STATES THAT THE EVIDENCE OBTAINED ILLEGALLY IS "TAINTED" EVIDENCE

● INADMISSIBLE IN COURT, AND ANY FURTHER EVIDENCE DERIVED FROM INITIA

L ILLEGAL ACT IS ALSO INADMISSIBLE.
SEARCH WARRANT AUTHORIZE WARRANT LAW ENFORCEMENT TO SEARCH A SPECIF
IC LOCATION, FOR EVIDENCE RELATED TO A CRIME,

WARRANT OF ARREST - AUTHORIZED THE ARREST AND DETENTION OF A SPECIFIC IN

DIVIDUAL.

RULE 128 GENERAL PROVISIONS

Section1. Evidence defined. - Evidence is the means, sanctioned by these rules, of ascertaini
ng in a judicial proceeding the truth respecting a matter of fact.

● Evidence as means of ascertainment- includes not only the procedure or manner of a

scertainment but also the evidentiary fact from which the truth respecting a matter of fact
may be ascertained
● Sanctioned by the rules not excluded by must be allowed by the Rules of Court or by l
aw
● In a judicial proceeding-contemplates an action or proceeding filed in a court of law; no
t a mere dispute between two contending parties.
● The truth respecting a matter of fact- refers to an issue of fact (substantive- facts to b
e established and procedural- manner of proving said facts)

Section 2. Scope. - The rules of evidence shall be the same in all courts and in all trials and he
arings, exceptas otherwise provided by law or these rules.
 ● Principle of Uniformity- As a general policy, the rules of evidence shall be same in all c
ourts and in all trials and hearing

Section 3. Admissibility of evidence. - Evidence is admissible when it is relevant to the issue

and not excluded by the Constitution, the law or these Rules.

Requisites for Admissibility of Evidence

● 1. The evidence is RELEVANT to the issue
● 2. The evidence is NOT EXCLUDED by the Constitution, the law or the rules (COMPET
ENT)

Section 4. Relevancy; collateral matters. - Evidence must have such a relation to the fact in iss
ue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not
be allowed, except when it tends to any reasonable degree to establish the probability or improb
ability of the fact in issue.

● Admissibility- the character or quality which any material must necessarily possess for i
t to be accepted and allowed to be presented or introduced as evidence in court.

It answers the question: should the court allow the material to be used as evidence by th
e party?

● Weight- the value given or significance or impact, or importance given to the material aft
er it has been admitted; its tendency to convince or persuade. Hence a particular eviden
ce may be admissible but it has no weight. Conversely, an evidence may be of great wei
ght or importance but it is not admissible.

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KINDS OF EVIDENCE

FACTUM PROBANDUM-> refers to the ultimate fact to be proven or to proposition. to stablish, t

hat which a party wants to proof to the court. (
● Examples: guilt or innocence; existence of a breach of contract, existence of an obligatio
n, the fact of payment; the injury or damage incurred.

FACTUM PROBANS → refers to the evidentiory Fact by which a fact is need to be proved.
● Examples: the written contract; the promissory note to prove the existence of an unpaid
debt

Corpus delicti- Body of the crime, The accused has the possesion of drugs( NOT AWARE)
KINDS/CLASSIFICATIONS OF EVIDENCE
A. Direct, Associative and Circumstantial

● 1. Direct Evidence - that which proves a fact in issue or dispute without the aid of any in
ference or presumption. It is evidence to the precise point. Example: The eye witness ac
count; the scar to show the wound

● 2. Associative Evidence can be used to provide links between evidence and individuals
involved in a crime.

● 3. Circumstantial Evidence - proof of fact or facts from which if taken singly or collectiv
ely, the existence of the particular fact in issue may be inferred or presumed as a necess
ary or probable consequence

* NOTE: Per the Supreme Court: it is essential that the circumstantial evidence presented must
constitute an unbroken chain which leads one to a fair and reasonable conclusion pointing to th
e accused, to the exclusion of all others, as the guilty person.

B. Positive vs. Negative Evidence

● 1) Positive Evidence - evidence that affirms the occurrence of an event or existence of

a fact, as when a witness declares that there was no fight which took place
● 2) Negative Evidence - when the evidence denies the occurrence of an event or existen
ce of a fact, as when the accused presents witnesses who testify that the accused was a
t their party when the crime was committed. Denials and alibi are negative evidence.

NOTE: The general rule is that positive evidence prevails over negative evidence, or that a posit
ive assertion is given more weight over a plain denial.

C. Primary (Best) vs. Secondary Evidence

● 1) Primary Evidence - that which the law regards as affording the greatest certainty of t
he fact in question. E.g.: the original of a contract is the best evidence as to its contents;
the marriage contract as to the fact of marriage; a receipt as to the fact of payment; the b
irth certificate as to filiation. (BEST EVIDENCE)

● 2) Secondary Evidence - that which is necessarily inferior and shows on its face that a
better evidence exists. E.g.: Xerox copies of documents; narration of witnesses as to a w
ritten contract.

D. Conclusive vs. Prima facie

 ● 1) Conclusive Evidence - may either be (i) that which the law does not allow to be contr
adicted as in judicial admissions or (b) that the effect of which overwhelms any evidence
to the contrary as the DNA profile of a person as the natural father over a denial

● 2) Prima Facie Evidence - that which, standing alone and uncontradicted, is sufficient t
o maintain the proposition affirmed. In the eyes of the law it is sufficient to establish a fac
t until it has beer disproved, rebutted or contradicted or overcome by contrary proof

E. Cumulative vs. Corroborative

● 1) Cumulative Evidence - additional evidence of the same kind bearing on the same po
int. E.g.. testimonies of several eyewitnesses to the same incident

● 2) Corroborative Evidence - additional evidence of a different kind or character but ten

ding to prove the same point. It is evidence which confirms or supports. Thus: (i) the me
dico legal certificate describing the injuries to have been caused by a sharp pointed instr
ument corroborates the statement that the accused used a knife to stab the victim (ii) the
positive results of a paraffin test corroborates the allegation that the person fired a gun a
nd (iii) the ballistics examination on the gun of the suspect corroborates the statement th
at he fired his gun at the victim

F. As to form:

● 1) Documentary Evidence - Evidence supplied by written instruments or derived from c

onventional symbols, such as letters, by which ideas are represented on material substa
nces.

● 2) Object (Real) - those consisting of evidence which are addressed to the senses of th
e court and consists of tangible things exhibited or demonstrated in open court, in an ocu
lar inspection, or at a place designated by the court for its view or observation of an exhi
bition, experiment or demonstration.

● 3) Testimonial Evidence - evidence consisting the narration made under oath by a witn
ess.

G. Relevant, material and competent

● 1) Relevant - Evidence having any value in reason as tending to prove any matter prova
ble in an action.

*Relevancy - logical relation of evidentiary fact to fact in issue.

● 2) Material - Evidence directed to prove a fact in issue.

 ● 3) Competent - One that is not excluded by law in particular case.

H. Rebuttal vs. Sur-rebuttal

● 1) Rebuttal Evidence - That kind of evidence which is given to explain, repel, counterac
t or disprove facts given in evidence by the adverse party.

● 2) Sur-rebuttal Evidence - A reply to rebuttal evidence

LATIN
FALSUS IN UNO, FALSUS IN OMNIBUS
FALSE IN ONE THING, FALSE IN EVERYTHING

-It is a pride of a testimony of evidence who is trustworthy.

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NEED NOT BE PROVED

Section 1. Judicial notice, when mandatory. – 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, official acts of the
legislative, executive and judicial departments of the National Government of the Philippines,
the laws
of nature, the measure of time, and the geographical divisions.
Section 2. Judicial notice, when discretionary. – A court may take judicial notice of matters
which
are of public knowledge, or are capable of unquestionable demonstration, or ought to be known
to
judges because of their judicial functions.
Section 3. Judicial notice, when hearing necessary. – During the pre-trial and the trial, the
court,
motu proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of
any
matter. Before judgment or on appeal, the court, motu proprio or upon motion, may take judicial
notice
of any matter and shall hear the parties thereon if such matter is decisive of a material issue in
the
case.
Section 4. Judicial admissions. – An admission, oral 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 the imputed admission was not, in
fact, made.

Judicial notice is the cognizance of certain facts that judges may properly take and act on
without proof because these facts are already known to them. Put differently, it is the
assumption by a
court of a fact without need of further traditional evidentiary support.
It refers to the act of the court in taking cognizance of matters as true or as existing without
need of the introduction of evidence, or the authority of the court to accept certain matters as
facts even if no evidence of their existence has been presented.

Motu Proprio (Latin for: "on his own impulse") describes an official act taken without a formal
request from another party. Some jurisdictions use the term sua sponte for the same concepT.

Section 1. Matters the taking notice of which is mandatory

I. As to Foreign States: their existence and territorial extent; forms of government
(monarchical,
presidential, parliamentary, royalty), symbols of nationality (flag, national costume, anthem).
A. Limitation: However, the recognition of a foreign state or government is subject to the
decision of the political leadership
II. The Law of Nations: the body of principles, usages, customs and unwritten precepts
observed by,
and which governs, the relations between and among states.
A. Examples: (i) The Principle of Equality of States (ii) Sovereign Immunity of visiting Heads of
States and the protocol observed for said visiting dignitary such as the 21 gun salute (iii) The
Diplomatic Immunity of foreign diplomatic representatives (iv) recognition of piracy as a crime
against
humanity

III. The Admiralty and Maritime Jurisdiction of the World and their Seals
IV. The Philippine as a state
A. Its constitution and political history: the political set up of the government
V. The Laws of Nature: Examples:
1. laws relating to science which are so well known such as that the DNA of each person being
distinct, or blood groupings as proof of filiation; or of fingerprints and dententures being distinct
and dissimilar from one person to another
VI. Measures of Time: into seconds, minutes, days, weeks months and years
VII. Geographical Division of the World such as the number and location of the
continents, and the major oceans, the division into hemispheres; longitudes and
latitudes.
Section 2. Matters the taking of which is discretionary.
I. First Group: Matters of Public Knowledge.
A. These are matters where the truth or existence of which are accepted by the public without
qualification, condition or contention.
B. Requirements:
1. Notoriety of the Facts in that the facts are well and publicly known. The existence should not
be known only to a certain portion of the community
2. The matter must be well and authoritatively settled and not doubtful or uncertain
3. The matter must be within the limits of the territorial jurisdiction of the court
II. Second Group: Matters Capable of Unquestionable Demonstration
A. These are matters which, even if not notorious, can be immediately shown to exist or be true
so
as to justify dispensing with actual proof.
B. Examples:
1. That poison kills or results to serious injury
III. Third Group: Matters Ought to Be Known to Judges because of their Judicial
Functions
A. These are matters which pertain to the office of the Judge or known to them based on their
experience as judges
B. Examples:
1. The behavior of people to being witnesses such as their reluctance to be involved in cases
thus requiring the issuance of subpoena to them; the varied reaction of people to similar events

JUDICIAL ADMISSIONS
A. Judicial Admission - those made in the course of the proceedings of the case in which they
are to
be used as evidence. This is governed by section 4.
B. Extra-Judicial Admission - those made elsewhere but not in the course of the proceedings
where
they are to be used as evidence.
Effect of Judicial Admissions:
The party making the admission is bound by it. The admission is conclusive as to him. He will
not be permitted to introduce evidence which will vary, contradict or deny the fact he has
admitted.

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S OF ADMISSIBILITY
A. OBJECT (REAL) EVIDENCE
Section 1. Object as evidence. – 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 viewed by
the court.
Other names of Object Evidence:
Real evidence, Demonstrative evidence, Autoptic preference and
Physical evidence Physical evidence is a mute but eloquent manifestation of truth and it ranks
high in our hierarchy of trustworthy evidence; where physical evidence runs counter to
testimonial evidence, physical evidence
should prevail
I. COVERAGE: The definition covers any material that may be seen, heard, smelled, felt, or
touched. They are the “sensual evidence”

1. Forensics or Microanalysis: the application of scientific principles to answer questions of

interest in the legal system. Applied most often in the examination of Trace Evidence to solve
crimes
based on the Principle of Contact
a). Trace Evidence - evidence found at a crime scene in small but measurable amounts
such as hairs, fibers, soils, botanical materials, explosive residue
b) Principle of Contact: every person who is physically involved in a crime leaves some
minute trace of his/her presence in the crime scene or in the victim and often takes something
away from the crime scene and/or victim
Objects which are offensive to man’s sensibilities or repulsive objects
1. Waste matters, human excreta
2. Carcasses of dead animals
3. Killing of an animal to prove a substance is poison

B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. – Documents as evidence consist of writings, recordings,
photographs or any material containing letters, words, sounds, numbers, figures, symbols, or
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.

1. Original Document Rule

Section 3. Original document must be produced; exceptions. – When the subject of inquiry
is the contents of a document, writing, recording, photograph or other record, no evidence is
admissible other than the original document itself,
(a) When the original is lost or destroyed,
(b) When the original is in the custody or under the control of the party
c) When the original consists of numerous accounts
(d) When the original is a public record in the custody of a public officer

Section 4. Original document.

(a) An “original” of a document is the document itself or any counterpart intended to have the
same effect by a person executing or issuing it. An “original” of a photograph includes the
negative or any print therefrom. If data is stored in a computer or similar device, any printou
y sight or other means, shown to reflect the data accurately, is an “original.”
(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the
same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent
techniques which accurately reproduce the original.

2. Secondary Evidence
Section 5. When the original document is unavailable. – When the original document has
been lost
or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or
existence and
the cause of its unavailability without bad faith

Section 6. When the original document is in adverse party’s custody or control. – If the
document
is in the custody or under the control of the adverse party, he or she must have reasonable
notice to
produce it
Section 7. Summaries. – When the contents of documents, records, photographs, or
numerous
accounts are voluminous and cannot be examined in court without great loss of time, and the
fact sought to be established is only the general result of the whole,

Section 8. Evidence admissible when the original document is a public record. – When
the original of a document is in the custody of a public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by the public officer in custody thereof.
Section 9. Party who calls for a document not bound to offer it. – A party who calls for the
production of a document and inspects the same is not obliged to offer it as evidence.

Electronic document refers to information or to the presentation of information, data, figures or

symbols or other modes of written expression, described or however represented, by which a
sight is established

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3. Parol Evidence Rule
Section 10. Evidence of written agreements. – 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, as
between the parties and their successors in interest.
I. Essence of the Rule: It forbids or prohibits any attempt to vary, contradict, or modify the
terms of a written agreement by the use of testimonial/oral evidence.

II. Basis and Reason: The Principle of Integration of Jural Acts. The written agreement is the
final culmination of the negotiation and discussion of the parties as to their respective proposals
and counter-proposals and is the final and sole repository,
III. Purposes: (i) to give stability and permanence to written agreements otherwise they can be
changed anytime by mere testimony, then written agreements would serve no useful purpose

IV. Statutory Exceptions to the Rule

CONCEPT: When oral testimony is allowed even if they pertain to the contents, terms or
agreements of
the document, provided they were specifically alleged in the pleadings by the party concerned.
A. That there is an intrinsic ambiguity
1. Ambiguity refers to an uncertainty or doubt in the document or something in its
provisions is not clear, or of being susceptible to various interpretations or meanings. They are
either (a) latent or intrinsic (b) patent or extrinsic and (c) intermediate ambiguity
2. Latent or Intrinsic - The instrument/document itself is clear and certain on its face but the
ambiguity arises from some extrinsic, collateral or outside factor, thus there is an uncertainty as
to how the terms are to be enforced.
a). It is of two kinds:
(i) when the description of the person or property is clear but it turns out the
description fits two or more persons or things and
(ii) where the description of the person or object is imperfect or erroneous so as
to leave doubt what person or object is referred to

c). Reason for the exception: the introduction of oral testimony does not vary or
contradict the document but it aids the court in ascertaining and interpreting the document
thereby enabling it to give effect and life to the document.
3. Patent or Extrinsic (Ambiguitas patens) – the uncertainty is very clear and apparent on
the face of the document and can easily be seen by simply reading the terms/contents of the
document.
4. Intermediate Ambiguity – where the ambiguity consists in the use of equivocal
words/terms/phrases or descriptions of persons or property. Parol evidence is admissible to
ascertain which sense or meaning or interpretation was intended by the parties.

4. Interpretation of Documents
Section 11. Interpretation of a writing according to its legal meaning. – 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.
Section 12. Instrument construed so as to give effect to all provisions. – In the
construction of an instrument, where there are several provisions or particulars, such a
construction is, if possible, to be adopted as will give effect to all.
Section 13. Interpretation according to intention; general and particular provisions. – In
the construction of an instrument, the intention of the parties is to be pursued; and when a
general and a particular provision are inconsistent, the latter is paramount to the former. So a
particular intent will control a general one that is inconsistent with it.
Section 14. Interpretation according to circumstances. – For the proper construction of an
instrument, the circumstances under which it was made, including the situation of the subject
thereof and of the parties to it, may be shown, so that the judge may be placed in the position of
those whose language he or she is to interpret.
Section 15. Peculiar signification of terms. – The terms of a writing are presumed to have
been used in their primary and general acceptation, but evidence is admissible to show that
they have a local, technical, or otherwise peculiar signification, and were so used and
understood in the particular instance, in which case the agreement must be construed
accordingly.
Section 16. Written words control printed. – When an instrument consists partly of written
words and partly of a printed form, and the two (2) are inconsistent, the former controls the
latter.
Section 17. Experts and interpreters to be used in explaining certain writings. – When the
characters in which an instrument is written are difficult to be deciphered, or the language is not
understood by the court, the evidence of persons skilled in deciphering the characters, or who
understand the language, is admissible to declare the characters or the meaning of the
language.
Section 18. Of two constructions, which preferred. – When the terms of an agreement have
been intended in a different sense by the different parties to it, that sense is to prevail against
either party in which he or she supposed the other understood it, and when different
constructions of a provision are otherwise equally proper, that is to be taken which is the most
favorable to the party in whose favor the provision was made.

Section 19. Construction in favor of natural rights. – When an instrument is equally

susceptible to two (2) interpretations, one (1) in favor of natural rights and the other against it,
the former is to be adopted.
Section 20. Interpretation according to usage. – An instrument may be constructed
according to usage, in order to determine its true characte

C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 21. Witnesses; their qualifications. – All persons who can perceive, and perceiving,
can
make known their perception to others, may be witnesses.
(20a) Religious or political belief, interest in the outcome of the case, or conviction of a crime,
unless
otherwise provided by law, shall not be a ground for disqualification.
Section 21. Disqualification by reason of mental incapacity or immaturity.
Section 22. Testimony confined to personal knowledge. – A witness can testify only to those
facts which he or she knows of his or her personal knowledge; that is, which are derived from
his or her own perception.
Section 23. Disqualification by reason of marriage. – During their marriage, the husband or
the wife cannot testify against the other without the consent of the affected spouse, except in a
civil case by one against the other, or in a criminal case for a crime committed by one against
the other or the latter’s direct descendants or ascendants.
Section 24. Disqualification by reason of privileged communication[s]. – The following
persons cannot testify as to matters learned in confidence in the following cases:
(a) The husband or the wife, during or after the marriage, cannot be examined without the
consent of the other as to any communication received in confidence by one from the other
during the marriage except in a civil case by one against the other, or in a criminal case for a
crime committed by one against the other or the latter’s direct descendants or ascendants.

A “psychotherapist” is:
(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a
mental or emotional condition, or
(b) A person licensed as a psychologist by the government while similarly engaged

I. CONCEPT: This is the third kind of evidence as to form. It is evidence consisting of the
narration of a person, known as a witness, made under oath and in the course of the judicial
proceedings in which the evidence is offered. It is sometimes called viva voce evidence which
literally means “living voice” or by word of mouth.
II. WITNESS: A witness is a natural person who testifies in a case or one who gives oral
evidence nder oath before a judicial tribunal. Evidence obtained through the presentation of
animals is treated as object evidence.
A. Necessity of Witnesses: Objects and documents do not explain themselves. Their
relevance, meaning and significance, can only be known through the testimony of a witness.
Likewise, events, as well as persons involved in an event, can only be known through the
narration of a witness.
B. Duty to Testify is a Legal Duty and not just a matter of civic consciousness. This may
be enforced by the imposition of sanctions by the court, such as a citation for contempt and
consequent payment of a fine or imprisonment.
C. The following may NOT be compelled to testify as witnesses:
1. The President while in Office
2. Justices of the Supreme Court
3. Members of Congress while Congress is in Session
4. Foreign Ambassadors to the Philippines
5. Consuls and other foreign diplomatic officials if exempted by a treaty
6. The accused in a criminal case

III. QUALIFICATION OF WITNESSES. Section 21 provides. “All persons who can perceive and
perceiving can make known their perception to others, may be witnesses”.
A. Four Qualities of a Witness
1. Testimonial Quality of Perception
a) Capacity to perceive means to be able to observe by the use of the senses
including the ability to receive impressions from the outside world and to grasp or
understand these impressions.
2. Testimonial Quality of Memory
a) the ability to retain the impressions received or observations made and to
recollect them in court
b) this must exist at the time of testifying
c) selective memory or lapses in memory affect merely credibility
3. Testimonial Quality of Narration or Communication
a) The ability to interpret, explain, relate or communicate in a manner which can
be understood by the court, either through spoken words, writings, or sign language.
b) It must exist at the time of testifying
4. Testimonial Quality of Sincerity
a) The awareness of both a duty to tell the truth and to be liable in case of
intentional lies, or the recognition of the obligation of an oath
b) The willingness to be placed under oath or affirmation