8TH - NINO IDOL ^_^

JS: the definition dba of what is evidence an evidence is found in section 1 of RULE 128, a means of
proving a fact in a judicial proceeding, if you have to prove factual issues or facts, if you want the court
to believe it you have to prove it by an evidence, that’s basically a simple concept my dear students and
you notice that factual issues diba would usually arise in the complaint when the defendant actually
denies the material allegations in the pleading, so if these are denied it will give rise to factual issues and
since these are factual issues you have to prove this by means of an evidence so that the court would
believe on that factual issues my dear students

JS: OKAY

JS: As settled rule, all factual facts which are in issue and relevant shall be proven by means of evidence
talaga! I repeat, ALL FACTS IN ISSUE (for the last time) and RELEVANT FACTS must as a GENERAL RULE
be PROVEN in COURT (take note of the exception) :

JS: This was in the case of REPUBLIC vs. Vda De Neri (Exceptions)
1. Allegations contained in the complaint or answer which are immaterial to the issues, it need not be
proven.

2. Precisely this is the role of the Pre-Trial Conference, Facts which are admitted or which are not
denied in the answer provided that they have been sufficiently alleged, Diba in the Pre Trial
Conference there are proposed stipulations of facts between the parties, if these are admitted then
definitely there is no need to prove that.

3. Those which are the subject of an agreed statement of facts between the parties, because there is
one provision in our rules, wherein the parties are allowed to agreed on facts in the case and in fact if
they were able to agreed on all facts and the only remaining issue is a pure legal issue then the court
may render a decision without trial on the merits already of the case, diba there is 1 provision in the
1997 Rules of Civil procedure. As long as they are admitted in the course of the judicial proceedings.

4. Facts which are the subject of Judicial Notice

5. Facts which are Legally Presumed
6. Facts peculiarly within the knowledge of the opposite party,

JS: these are the exceptions, these need not be proven by evidence.

JS: DID YOU GET IT? There are actually 6 exceptions to that! OKAY? No more problem?!

JS: REOMA JOHN

JS: At the end of the day my dear students, the study of the rules on evidence actually involves only 2
MAIN PROBLEMS: 1. The determination whether an evidence is actually admissible or not,
2. The proper presentation of that evidence so that the court would consider that in resolving and
judging that issue.

JS: When is an evidence admissible?

JS: Evidence is admissible if it is relevant to the issues and is competent, meaning it is not excluded by
law and the rules of court, that is the concept of admissibility of evidence (PLEASE TAKE NOTE)

JS: Just one question lang ha, If competency means the evidence is not excluded by law and the rules of
court, again can you please tell me when an evidence could be considered relevant?

JS: that it is RELEVANT when it has a relation to the fact in issue of the case and therefore it will lead the
courts inducement to believe of its existence or non-existence, that is the concept when the law say an
evidence is RELEVANT to become ADMISSIBLE.

JS: CLEAR TAYO? That is very basic my dear students.

JS: Now what are the classification of evidence?

1. OBJECT OR REAL EVIDENCE- those which are addressed to the senses of the court and is generally
tangible (meaning to say this can be produce or exhibited before the court) this is what we call as object
evidence.

2. DOCUMENTARY EVIDENCE – these are evidences which consists of written agreements

3. TESTIMONIAL EVIDENCE – evidence based on the testimony of the witness.

JS: There are other classification which are worth remembering

All are mentioned in the book of REGALADO, please just take note RELEVANT,MATERIAL, COMPETENT

JS: Like what i’ve said, the focal point of our discussion tonight is the concept of BEST EVIDENCE RULE
AND PAROLE EVIDENCE RULE.

JS: REGALADO Has given you the 4 important distinctions between Best evidence rule and Parole
Evidence Rule

These are the more important topics which you have to remember for purposes of the BAR exam.

JS. WHAT is Best Evidence Rule:

- Simply put noh, itong best evidence rule is actually a RULE OF EXCLUSION because you are not
allowed dba to present an evidence except the original copy itself, unless it falls under the
exceptions:

JS: WHAT are considered originals? What section? If im not mistaken there are 2?
DUPLICATE ORIGINAL. – documents are in 2 or more copies
When repeated in the ordinary course of business
4 exceptions : SEC. 3 of RULE 130, must memorize this for purposes of your brain damaging exam.

When will you apply this best evidence rule????

JS: the best evidence rule applies only when the subject of the inquiry is the content of that
particular document.

JS: so that i repeat where the issue is the execution of that document or the existence of that
document “ THE BEST EVIDENCE RULE DOES NOT APPLY” TAKE NOTE!

JS: MISS GABRIANA ANGELICA LEXI,

JS: How would you classify a document, is it an object or real evidence or documentary evidence.

Does it necessarily follow that a document is actually a documentary evidence?

JS: a document becomes a documentary evidence if the purpose actually of presenting that
document is to prove the contents of that particular document, therefore the document is
considered a documentary document not an object evidence

However if the purpose of presenting that particular document is to prove the existence or
condition or nature as for example of the handwriting, signature as found in that particular
document, under our rules it ceases to be a documentary evidence and it becomes an object or real
evidence,.

JS: What is SECONDARY EVIDENCE??

(VERY IMPORTANT)
Must comply with the following:

After you are able to prove to the court the loss of that particular evidence and the loss was
without bad faith on the your part which gave rise to the loss, your are now allowed to resort to
what you called secondary evidence

REQUISITES – 3

How to prove? 3 ways/means/modes

1st - a copy of a said document

2nd recital of its content in an authentic document
3rd – recollection of witnesses, testimony of witness who actually witness the execution of that
document.

JS. WHAT IS A PAROLE EVIDENCE RULE? – MEMORIZE For your brain damaging final exam.