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Evidence

General Provision

What need not be proved

Rules of admissibility

Burden of proof and Presumptions

Presentation of Evidence

Weight and sufficiency of Evidence

Perpetuation of Testimony

Rule 128: General Privisions

Definition
Evidence is a means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact ** Law on evidence is not amended by Electronic Commerce Act except the rule relating to authentication and best evidence

Electronic Evidence
Original of an electronic document or data shall be regarded as equivalent of an original document under Best Evidence Rule if it is a printout or an output readable by sight or other means show to reflect the data accurately. When a document is in 2 or more copies executed at or about the same time with identical contents that accurately same as the original, such copies or duplicates shall be regarded as the equivalent of the original Except: 1) A genuine issue is raised as to the authenticity of the original 2) Under the circumstances, it would be unjust or inequitable to admit the copy in lieu of the original.

Scope
Rules shall be the same in all courts, trials and hearings except as otherwise provided by law or these rules.

Admissibility and Relevancy of Evidence


-Admissible Evidence is admissible when it is relevant and not excluded by these rules -synonymous with competent evidence -to be relevant evidence must have such a relation to the fact in issue as to induced to belief in its existence or non-existence. Burden of proof-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 Extra-judicial confession is admissible if: 1) made with the assistance of competent and independent counsel

Direct Evidence- is evidence which proves proposition without relying on any evidence. It is almost always admissible Circumstantial Evidence or Indirect Evidence- is evidence of subsidiary fact from which existence of ultimate fact may be inferred. Requisites to be sufficient to support conviction: a. There must be more than one circumstance b. Facts which the inferences are derived have been proven c. Combination of all circumstances results in a moral certainty that the accused, to the exclusion of all the others is the one who has committed the crime. Thus, to justify a conviction based on circumstantial evidence, the combination of circumstances must be interwoven in such a way as to leave no reasonable doubt as to the guilt of the accused Cumulative Evidence- is that additional evidence, of the same kind to the same state of facts. Corroborative Evidence- additional evidence of a different character to the same point Positive Evidence-when the witness affirms that a fact did not occur. Negative Evidence- when the witness states that he did not see or know the occurrence of a fact. Prima Facie Fact- is such as established as a fact unless rebutted or explained by evidence becomes conclusive and to be considered if duly proved. Conclusive Evidence- evidence which is incontrovertible. Primary or best evidence- that which affords the greatest certainty of the fact in question. Secondary Evidence- that which is inferior to primary evidence and which upon its face shows that better evidence exists. General Rule: Evidence on collateral matters shall not be allowed Exception: When it tends in any reasonable degree to establish the probability or the improbability of the fact in issue. Collateral Matters-they are those other than the issue which are offered as a basis for inference as to the existence or non-existence of the fact in issue. Factum Probandum-ultimate fact sought to be established Factum Probans- evidentiary fact by which factum probandum is established.

General Rule: Annexes attached to pleadings , if not offered formally are mere scraps of paper and should not be considered by the court. Exception: a) Under rule on summary procedure, where no full blown trial is held in the interest of speedy administration of justice. b) In summary judgments under Rule 35 where the judge bases his decisions on the pleadings, depositions, admissions, affidavit and documents filed with the court. c) Documents whose contents are taken judicial notice by the court. d) Documents whose contents are judicially admitted. e) Object evidence which could not be formally offered because they have disappeared or have become lost after they have been marked, identified and testified on and described in the record and became the subject of crossexamination of witnesses who testified on them during the trial. Rule 129: What need not be proved Judicial notice
When Mandatory (without introduction of evidence): Existence and territorial extent of states Political history Forms of government and Symbols of nationality The law of nations Admiralty and maritime courts of the world and their seals Political constitution History of the Philippines The official acts of legislative, executive and judicial departments of the Philippines Laws of nature Measures of time Geographical divisions When discretionary -court may take judicial notice on matters which are of public knowledge or are incapable to unquestionable demonstration, or ought to be known to judges because of their judicial functions. -hearing is necessary when 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 parties to be heard thereon.

Judicial Admission
-verbal or written made in the course of 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 is made

Rule 130: Rules of Admissibility Object Evidence


Are those addressed to the senses of the court, When an object relevant to the fact in issue, it may be exhibited to, examinedor viewed by the court.

Documentary Evidence
Documents as evidence consist in writing or any material containing letters, words, numbers figures, symbols or other modes of written expression offered as proof of their contents.

Best Evidence

Original document must be produced


General Rule: When object of the inquiry is subject of the document, no evidence shall be admissible other than the original document itself Exceptions: **Original of the document is one the contents of which is subject of the inquiry -when the document is in 2 or more copies executed at or about the same time , with identical contents , all such copies are originally regarded as originals -When an entry is repeated in the regular course of business, one being copied from another or near the time of transaction, all entries are likewise regarded as originals

1)When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror
2)When the original is in the custody or under control of a party against whom the evidence is offered and the latter fails to produce it after reasonable notice. 3) When the original consists of numerous accountsor other documents which cannot be examined in court without loss of time and the fact sought to be established from them is only the general result of the whole. 4)When the original is a public record in the custody of a public officer or is recorded in a public office.

SECONDARY EVIDENCE When original document is not available When original is in adverse partys custody or contro
The offeror upon proof of its execution or existence and the cause of its unavailability without bad faith on his part may prove its content by a copy , or by recital of its contents in some authentic document, or by testimony of the witnesses in the order stated. He must have reasonable notice to produce it, if after such notice and after satisfactory notice of its existence, he fails to produce the document, secondary evidence may be presented in the case of loss.

Evidence admissible when original document is a public record


Its content may be prove by certified copy issued by public officer in custody thereof

A party who calls for document not bound to offer

PAROL EVIDENCE Evidence of written agreements


Terms of an agreement deduced into writing, it is considered as containing all the terms and there can be, between parties and successors in interest, no evidence of such terms other than the contents of such written agreement Exception: a party may present evidence to modify, explain or add the terms of written agreement if he puts in issue in his pleading: a)intrinsic ambiguity, mistake in or imperfection in written agreement

2 constructions w/c is preferred


When in different sense by different parties- that sense is to prevail against either party in w/c he supposed to the other understood it When equally proper-that is to be taken which is the most -one in favor of natural right is preferred -interpretation must be construed accdg. To usage in order to determine its true character.

Partial modification of rules on evidence by R.A. 8792


-Interpret according to its legal meaning unless parties intended otherwise -Instrument must be construed to give effect to all its provisions -when general and particular provisions are inconsistent, Particular intent will control the general one that is inconsistent with it. -interpret according to circumstances under w/c it was made

-evidence is admissible to show peculiar signification of terms


-written words control printed -Experts and interpreters to be used explaining certain things

TESTIMONIAL EVIDENCE

Disqualification by reason of: mental incapacity


a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making their own perception to others b) Children whose mental maturity is such as to render them incapable of perceiving facts which they are examined and of relating them truthfully

GR: All persons who can perceive and perceiving, can make their own perception to others, may be witnesses Religious or political beliefs, interest in the outcome of the case or conviction of a crime unless otherwise provided by law, shall not

Marriage
GR: Husband or wife may testify for or against the other without consent of the affected spouse Exp: In civil case by one against the other, or in a criminal case for crime committed by one against the other or latters direct descendants or ascendants.

Death or insanity of adverse party


Parties cannot testify to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind.

Privileged communication
Husband or wife-during or after marriage, without the consent of another as to any communication received by one in confidence. Except in cases filed by one against the other Attorney, attorneys secretary, stenographer or clerk Person authorized to practice medicine, surgery or obstetrics Minister or priest Public officer

Parental or filial privilege & Admission of a party


Act, declaration or admission of a party as to a relevant fact may be given in evidence against him

An offer of compromise is not admissible


In civil cases- it is not an admission of any liability Criminal case- it may be received in evidence as an implied admission of guilt

Admission by a third party


Rights of a party cannot be prejudiced by an act, declaration, or omission of another except as therein provided

Admission by co-partner or agent


If made within the scope of his authority and during the existence of his partnership or agency may be given in evidence

Admission by conspirator
May be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration

Admission by privies
Where one derives title to property of another, the act, declaration or omission of the latter, while holding title, in relation to property, is

Admission by silence

Confession

**An act or declaration, of the accused acknowledging his guilt or made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for an act may be given in evidence

Evidence of similar act Similar acts as evidence unaccepted offer


If rejected without valid cause, equivalent to the actual production and tender of the money, instrument or property

Testimony generally confined to personal knowledge; hearsay excluded

EXCEPTIONS TO HEARSAY RULE

Dying declaration

Declaration against interest Declaration about pedigree


That a reasonable man would not have made the declaration unless he believed it to be true , may be received in evidence against himself or his successors in interest and against third person The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or by marriage, may be received in evidence Where it occurred: 1)Before the controversy 2)The relationship between the 2 persons is shown by evidence other than the act or declaration

Family reputation or tradition regarding the pedigree


May be received in evidence if the witness testifying thereon be also a member of the family , either by consanguinity or affinity. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like may be received as evidence of pedigree

Common Reputation
Existing previous the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character may be given in evidence. Monuments and inscription in public places may be recieved as evidence of common reputation

Part of Res Gestea (Statements made a person/ things done/happened)


Statements made by a person while starting occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res gestea Statements accompanying an equivocal act or material to the issue, and giving it legal significance, may be received as part of the res gesteanificance

Entries in the course of business


-made at or near the time of transactions to which they refer, by a person deceased or unable to testify, who was in the position to know the facts therein stated, may be received as prima facie evidence

Entries in official records

Commercial lists and the like

learned treatises

**Entries in the official records made in the performance of his duty by a public officer are prima facie evidence of facts stated therein. **Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other so stated **Judicial notice of treatise.

Testimony or deposition At a former proceeding


The testimony of a witness deceased or unable to testify , given in a former case or proceeding, involving the same parties and subject matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him.

Opinion Rule
General Rule: Opinion of a witness is not admissible Exceptions: 1) Opinion of expert witness (special knowledge, skill orr experience) 2) Opinion of ordinary witness for which proper basis is given may be received in evidence regarding: a)identity of a person about whom he has adequate knowledge b) Handwriting with which he has sufficient familiarity c)the mental sanity of a person with whom he is sufficiently acquainted The witness may also testify on his impressions of the behavior, condition or appearance of a person.

Character Evidence
GR: Not admissible Exceptions: A.Criminal Cases: 1)Accuse may prove his good moral character which is pertinent to the moral trait involved in the offense charged.

2)Unless in rebuttal the prosecution may not prove his bad moral character which is pertinent to the moral character.
3)The good or bad moral character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged B.In Civil cases, evidence of moral character of a party is admissible only when pertinent to the issue of character involved in the case. C. In cases provided under Rule 132, section 14

Rule: 131: Burden of Proof and Presumptions Burden of proof


It is 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

Conclusive and disputable presumptions

No presumption of legitimacy or illegitimacy


-of a child born after 300 days after the dissolution of marriage or the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of a child must prove his allegation

Rule 132: Presentation of Evidence

Examination of witness to be done in open court

Proceedings to be recorded

Rights and obligations of a witness


1) To be protected from irrelevant, improper and insulting questions and from harsh insulting demeanor 2) Not to be detained longer than the interest of justice require 3) Not to be examined except only to matters pertinent to issue 4) Not to give an answer which will tend to subject him to a penalty of an offense unless otherwise provided by law 5) Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the fact in issue would be presumed. But the witness must answer to the fact of his previous final conviction for an offense

Order of examination of a witness

Direct Examination

Cross Examination

Re-direct examination

Re-cross Examination

Recall of witness

Leading and misleading questions


Questions which suggest to the witness the answer which the examining party desires is a leading question. It is not allowed, except: a) On cross examination b) On preliminary matters c) 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, or a deaf and mute d) Of an unwilling or hostile witness e) Of a witness who is in adverse party or an officer, director, managing agent of a public or private corporation or of a partnership or of association which is an adverse party. A leading questions one which assumes as a true fact not yet testified by the witness, or contrary to that which he previously stated. It is not allowed The requirements of a child as a witness 1) capacity of observation

2) capacity of recollection
3) capacity of communication

Impeachment of Witness Impeachment of Adverse partys witness


By evidence that his general reputation for truth, honesty, or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or record of the judgment, that he has been convicted of an offense

A party may not impeach his own witness


Exception: 1) unwilling or hostile witness 2)witness who is an adverse party

How witness is impeached By evidence of inconsistent statement

Evidence of good character not admissible until such Character has been impeached

1)The statements must be related to him 2)With the circumstances of times and places and the persons present 3)He must be asked whether he made such statements and if so, allow to explain them If the statements be in writing they must be shown to the witness before any question is put to him concerning them.

Exclusion and separation of witnesses

Adverse Party right to inspect writing shown to witness

Classes of documents:

Public

private; proof

Execution and authenticity must be proved


a) By anyone who saw the document executed or written b) by evidence of the genuiness of signature or handwriting

When evidence of authenticity of a document not necessary


When the private document is more than thirty years old, is produced from a custody in which it could naturally be found genuine, and is embellished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given

How genuiness of handwriting be proved

Public documents as evidence

Proof of official records

Attestation of documents

Irremovability Of public record

Public record of a private document

Proof of lack of record

Impeachment of judicial record


By evidence of:a) by want of jurisdiction b) by collusion of the parties and c) farud in the partyoffering the record, in respect to the proceedings

Proof of notarial documents

Alteration in writings

Seal its legal effect

Documentary Evidence in an official language

Offer of Evidence

When to Make offer

Objection

When repetition Of objection unnecessary

Ruling

Striking Tender of out answer excluded evidence

1. When question is objectionable a)the witness answered the questionbefore the adverse party had the opportunity to voice fully its objection to the same b) When such objection is found to be meritorious 2. When the answer itself is objectionable, as when it is: Incompetent Irrelevant Otherwise improper

Rule 133: Weight and sufficiency of Evidence Preponderance of Evidence


Weight of evidence on the issues involved

Proof beyond reasonable doubt

Extrajudicial confession Not sufficient ground for conviction


Unless corroborated by evidence of corpus delicti

Circumstantial evidence when sufficient

Substantial Evidence

Courts power to stop Further evidence

Evidence in motion

Rule 134: Perpetuation of testimony Petition Contents Notice and Service Order of examination

Reference to court

Use of deposition

Depositions pending appeal