Rules 128-134

Prof. EMERJHON HERNANDEZ

Lecturer
Slides by: Atty. Amado Aquino III
Is the means sanctioned by the
Rules of Court of ascertaining in
a judicial proceeding the truth,
respecting a matter of fact.
(a) When the court has to resolve a
question of fact;

(b) Doctrine of Processual

Presumption- when invoking a
foreign law, evidence of such law
must be presented, otherwise the
court will presume that the foreign
law is the same as Philippine law
The ultimate fact or the
proposition to be established.
The material evidencing the
proposition. It is the evidentiary
fact by which the FACTUM
PROBANDUM is established.
CLASSIFICATION OF EVIDENCE
 A.
DEPENDING ON ITS ABILITY TO
ESTABLISH THE FACT IN DISPUTE
Evidence which proves the fact in
dispute without the aid of any
inference or presumption.
Proof of facts from which, taken
either singly or collectively, the
existence of the particular fact
in dispute may be inferred as a
necessary or probable
consequence.
 B.
DEPENDING ON THE DEGREE OF
ITS VALUE IN ESTABLISHING A
DISPUTED FACT
That which, standing alone
unexplained or uncontradicted,
is sufficient to maintain the
proposition affirmed.
Evidence which is
incontrovertible or one which
the law does not allow to be
contradicted.
Additional kind of evidence of a
different kind and character
from that already given, tending
to prove the same point.
Additional evidence of the same
kind and character proving the
same point.
 C.
DEPENDING ON ITS WEIGHT AND
ACCEPTABILITY
Evidence which affords the
greatest certainty of the fact in
question.
Evidence which is inferior to
primary evidence and admissible
only in the absence of the latter.
 D.
DEPENDING ON NATURE
Evidence directly addressed to
the senses of the court and is
capable of being exhibited to,
examined or viewed by the
court.

Also known as autoptic proference

or real or physical evidence.
Supplied by written instruments
or derived from conventional
symbols and letters by which
ideas are represented on
material substances.
Is verbal or oral evidence. It is
evidence which consists of the
narration or deposition by one
who has observed or has
personal knowledge of that to
which he is testifying.
 E.
DEPENDING ON ITS QUALITY
Evidence having value in reason
as tending to prove any matter
provable in an action.
Evidence directed to prove a fact
in issue as determined by the
rules of substantive law and
pleadings.
Evidence is admissible if relevant
and competent.
If it is not only admissible
evidence but also believable and
used by the court in deciding a
case. Evidence is credible if
worthy of belief.
Evidence is competent when it is
not excluded by law in particular
case.
Is that kind of evidence which is
given to explain, repel,
counteract or disprove facts
given in evidence by the adverse
party. It is evidence in denial of
some affirmative case or fact
which the adverse party has
attempted to prove.
Is a reply to rebuttal evidence.
SECTION 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.
 (Rights Protected: Art. III – Bill of Rights of the 1987
Constitution)

(a) Rights against unreasonable searches and

seizure;

(b) Right to privacy and inviolability of

correspondence;

(c) Rights of a person under custodial

investigation;

(d) Right against self- incrimination.

Posits that all evidence (the fruit)
derived from an illegal search (the
tree) must be suppressed.

Likewise known as the “but for” or

“taint doctrine” which means that
the evidence would not have come
to light but for the illegal action of
the police.
RULE 129
Is the cognizance of certain facts
which judges may properly take
and act upon without proof.

Refers to facts which ought to be

known to judges because of their
judicial functions.
SECTION 1.
(a) The existence and territorial
extent of states;
(b) Their political history, forms of
government, and symbols of
nationality;
(c) The law of nations;
(e) The political constitution and
history of the Philippines;

(f) The laws of nature;

(g) The measure of time; and

(h) The geographical divisions.

SECTION 2.
(a) Matters which are of public
knowledge;
.
Consists of writings or any
material containing letters,
words, numbers, figures,
symbols or other modes of
written expressions offered as
proof of their contents
ORIGINAL DOCUMENT
The rule applies to documentary
evidence only, or a document
presented as proof of its
contents.
When the subject of inquiry is the
contents of a document, no
evidence shall be admissible
other than the original document
itself.
(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 control of the party against
whom the evidence is offered, and
the latter fails to produce it within
reasonable notice;
(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;

(d) When the original is a public record

in the custody of s public officer or is
recorded in a public office.
When a document is in two or
more copies executed at or
about the same time with
identical contents, such copies
or duplicates shall be regarded
as the equivalent of the original.
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 printout or other output readable by
sight or other means, shown to reflect the
data accurately, is an "original."
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.
A duplicate is admissible to the
same extent as an original unless
(1) a genuine question is raised
as to the authenticity of the
original.
SECTION 9.
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.
Testimonial or oral evidence is
evidence elicited from the mouth
of a witness as distinguished from
real and documentary evidence. It
is sometimes called viva voce
which literally means “living voice”
or by word of mouth. The person
who gives testimony is called a
“witness.”
SECTION 20.
All persons who can perceive and
perceiving, and can make known
their perception to others, may be
witnesses.

Religious or political belief, interest

of the case or conviction of a crime
shall not be a ground for
disqualification.
A preliminary examination
conducted by the trial judge
where the witness is duly sworn
to answer as to his competency.
(a) Those whose mental condition, at
the time of their production for
examination, is such that they are
incapable of intelligently making
known their perception to others;
(b) Children whose mental maturity is
such to render them incapable of
perceiving the facts respecting
which they are examined and of
relating them truthfully.
THE RULE ON EXAMINATION OF A
CHILD WITNESS

(A.M. No. 00-4-07-SC)

Effectivity: December 15, 2000
 CHILD WITNESS ORDINARY WITNESS

Only the judge is allowed to ask Opposing counsels are allowed

questions to a child witness to ask questions during
during preliminary examination preliminary examination.

Leading questions are allowed Leading questions are not

generally allowed
Testimony in narrative form is Testimony in narrative form is
allowed NOT allowed

The child witness is assisted by a They are not assisted by

facilitator facilitators.
SECTION 22.
During their marriage, neither the
husband nor the wife may testify
for or against the other without
the consent of the affected
spouse.
SECTION 24.
1.Privileged Communication
Between Husband and Wife
(a) There was a valid marriage relation;
(b) The privilege is invoked with
respect to a confidential
communication between the
spouses during the said marriage;
and
(c) The spouse against whom such
evidence is being offered has not
given his or her consent to such
testimony.
 DISQUALIFICATION BY DISQUALIFICATION BY
REASON OF MARRIAGE REASON OF MARITAL
(Sec.22) PRIVILEGE (Sec. 24[a])
Can be invoked only if Can be claimed whether
one of the spouses is or not the other spouse is
party to the action a party to the action

Applies only if the Can be claimed even after

marriage existing at the the marriage is dissolved
time the testimony is
offered
2. Privileged Communication
Between Attorney and Client
(a) There is an attorney and client relationship or kind of
consultancy relationship with a prospective client;

(b) The privilege is invoked with respect to a confidential

communication between them and made in the course
or with a view to professional employment; and

(c) The client has not given consent to the attorney’s

testimony thereon; or if the attorney’s secretary,
stenographer or clerk is sought to be examined, that
both the client and the attorney have not given their
consent thereto.
4. Privileged Communication
Between Priest and Penitent
(a) The confession must have been
made to the priest in his
professional character in the
course of discipline enjoined by
the church to which he belongs;

(b) The communications made were

confidential and penitential in
character.
SECTION 25
No person may be compelled to
testify against his parents, other
direct descendants, children or
other direct descendants.
SECTION 27.
An offer of compromise by the
accused may be received in
evidence as an implied admission
of guilt.
(a) Those involving quasi-offenses
or criminal negligence
(reckless imprudence);

(b) Those covered by Katarungang

Pambarangay Law;
(c) An unaccepted offer of plea of
guilty to a lesser offense;

(d) An offer to pay or payment of

medical, hospital or other
expenses occasioned by an
injury;
An offer to pay or payment of
medical, hospital and other
expenses occasioned by an
injury is not admissible in
evidence as proof of civil or
criminal liability for the injury.
Is the declaration of an accused
acknowledging his guilt of the
offense charged or any offense
necessarily included therein.
 JUDICIAL CONFESSION EXTRAJUDICIAL
CONFESSION
Is one made by the Is one made in any other
accused before a court in place or occasion and
which the case is pending cannot sustain a
and in the course of legal conviction UNLESS its
proceedings therein and, voluntariness is proven
by itself, can sustain a and UNLESS corroborated
conviction. by evidence corpus
delicti.
Things done between strangers
ought not to injure those who
are not parties to it.
The rights of a party CANNOT be
prejudiced by an act, declaration
or omission of another.
Similar acts as evidence.

Also known as Res Inter Alios Acta

This is also referred to as PROPENSITY

RULE.
Evidence that one did or did not
do a certain thing at one time is
not admissible to prove that he
did or did not do the same or
similar thing at another time.
A witness can testify only to those
facts which he knows of his
personal knowledge; that is,
which is derived form his
perception, except as otherwise
provided in these Rules.
These are the statements, oral or
written, presented as evidence
in court without the author of
the statement having been
presented to testify on them. A
witness offers these statements
by third persons to prove a fact.
SECTION 37.
The ante mortem statements made
by a person after the mortal wound
has been inflicted under the belief
that death is certain, stating the
facts concerning the cause of and
circumstances surrounding the
attack.

It applies to any case where death of

the declarant is the subject of
inquiry.
(a) That death is imminent and the
declarant is conscious of that
fact;

(b) That the declaration refers to

the cause and the surrounding
circumstances of such death;

(c) That the declaration relates to

the facts which the victim is
competent to testify to;
(d) That the declaration is offered in
a case wherein the declarant’s
death is the subject of inquiry;

(e)That the statement is complete in

itself;

(f) That declarant should have died;

Literally means things done;
TWO TYPES OF RES GESTAE
Statements made by a person
while startling occurrence is
taking place or immediately
prior or subsequent thereto with
respect to the circumstances
thereof.
Is an inference or conclusion
drawn from the facts observed.
Witnesses must give the facts and
not their inferences, conclusions
or opinions.
(1) Opinion of expert witness

On a matter requiring SPECIAL

knowledge, skill, experience or
training which he is shown to
possess. (Sec.49)
SECTION 1.
The duty of a party to present
evidence on the facts in issue
necessary to establish his claim
or defense by the amount of
evidence required by law.
Is the establishment of a requisite
degree of belief in the mind of
the trier of fact as to the fact in
issue.
DEGREE OF PROOF THAT SATISFIES
THE BURDEN OF PROOF
Preponderance of evidence
 To Sustain Preliminary Issuance of a
Conviction Investigation Warrant of
Arrest
Evidence of guilt Probable Cause - Probable Cause-
beyond Engenders a well that there is
reasonable founded belief of reasonable
doubt the fact of the ground to
commission of a believe that the
crime accused
committed the
offense
Substantial evidence
(a) Proof beyond reasonable doubt;

(b) Clear and convincing evidence;

(c) Preponderance of evidence;

(d) Substantial evidence

Is an inference as to the existence
or non-existence of a fact which
courts are permitted to draw
from the proof of other facts.
Is a presumption of law that is not
permitted to be overcome by
any proof to the contrary.
Whenever a party has, by his own
declaration, act or omission,
intentionally or deliberately led
another to be true and to act upon
such belief, he cannot, in any
litigation arising out of such
declaration, act or omission, be
permitted to falsify it.(Sec. 2 a,
Rule 131)
Is that which the law permits to
be overcome or contradicted by
proofs to the contrary; otherwise
the same remains satisfactory.
Best example is - -
Presumption of innocence
(a) Direct examination;

(b) Cross-examination;

(c) Redirect examination;

(d) Re-cross examination.

Is the examination in chief of a
witness by the party presenting
him on the facts relevant to the
issue.
The most reliable and effective
way of testing the credibility and
accuracy of testimony.
(a) To discredit the witness;

(b) To discredit the testimony of the

witness;

(c) To clarify certain matters;

(d) To elicit admissions from a

witness.
Principal Object: To prevent injustice to
the witness and the party who has
called him by affording an opportunity
to the witness to explain or amplify
the testimony which he has given on
cross-examination or to explain any
apparent contradiction or
inconsistency in his statements, an
opportunity which is not ordinarily
afforded him during the cross-
examination.
After the examination of a witness
by both sides has been
concluded, the witness cannot
be recalled without leave of
court.
Is one which suggests the witness
the answer which the examining
party desires. It is GENERALLY
NOT ALLOWED.
(a) On cross-examination;

(b) When there is difficulty in

getting direct and intelligible
answers from a witness who is
ignorant, or a child of tender
years or is of feeble mind;
Is one which assumes a fact as
true a fact not yet testified to by
the witness, or contrary to that
which he has previously stated.
It is not allowed.
(a) When waived;
CLASSIFICATION OF OBJECTIONS
It does not go beyond declaring
the evidence as immaterial,
irrelevant, or inadmissible. It
does not specify the ground.

Also known as broadside

objection.
It states why or how the evidence
is irrelevant or incompetent.
(a) Motion to Strike/Expunge –
When the witness answers
prematurely before there is
reasonable opportunity for the
party to object;