RULE 128.
GENERAL PROVISIONS
RULE 129. WHAT NEED NOT BE PROVED
RULE 130. RULES OF ADMISSIBILITY
A. OBJECT (REAL) EVIDENCE
B. DOCUMENTARY EVIDENCE
1. Best Evidence Rule
2. Secondary Evidence
3. Parol Evidence
4. Interpretation of Documents
C. TESTIMONIAL EVIDENCE
1. Qualification of Witness
2. Testimonial Privilege
3. Admissions and Confessions
4. Previous Conduct as Evidence
5. Testimonial Knowledge
6. Exceptions to the Hearsay Rule
7. Opinion Rule
8. Character Evidence
RULE 131. BURDEN OF PROOF AND PRESUMPTIONS
RULE 132. PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESS
B. AUTHENTICATION AND PROOF OF DOCUMENTS
RULE 133. WEIGHT AND SUFFICIENCY OF EVIDENCE
EVIDENCE
RULE 128. GENERAL PROVISIONS
RULE 129. WHAT NEED NOT BE PROVED
!!! JUDICIAL NOTICE & JUDICIAL ADMISSIONS DO NOT
REQUIRE PROOF
 Judicial notice – process whereby the court takes note of
certain facts which are capable of being known to a
veritable certainty by consulting sources of indisputable
accuracy.
o Note: hearing is required on both.
o DURING THE TRIAL- motu proprio or by request 
any matter
o AFTER THE TRIAL – MP/R  any matter if decisive
of a material issue in the case.
 JUDICIAL ADMISSION – an admission, oral or written,
made by a party in the course of the proceedings in the
same case  DOES NOT REQUIRE PROOF.
1. Actionable document not spec denied
2. Material averment in complaint
3. Request for admission not denied
4. Stipulation of facts
5. Admissions in pleadings
o Default =/ implied admission, court may require
submit evidence
A. MANDATORY (SIP NTG)
1. States
 2. International Law RULE 131. BURDEN OF PROOF AND PRESUMPTIONS
3. Philippines
4. Laws of Nature  BURDEN OF PROOF – Is the duty of the party to
5. Measure of Time present evidence of the facts in issue NECESSARY TO
ESTABLISH his claim or defense by the amount of
6. Geographic Divisions evidence required by law.
B. DISCRETIONARY o Rests on the party asserting the affirmative issue.
1. Matter of public knowledge
2. Capable of unquestionable demonstration  BURDEN OF EVIDENCE – is the duty of the party to go
3. Ought to be known by judges because of thei judicial forward with evidence and which duty, if fulfilled,
functions SHIFTS the burden of evidence to the adverse party.
RULE 130. RULES OF ADMISSIBILITY  EQUIPOISE DOCTRINE – where the party not having
the burden of proof has produced countervailing
D. OBJECT (REAL) EVIDENCE
evidence, the result is that the party with the burden of
E. DOCUMENTARY EVIDENCE proof will lose out on that particular issue.
1. Best Evidence Rule o note: countervailing v. equalizing (in crim
2. Secondary Evidence cases)

3. Parol Evidence  presumption – is an assumption of fact resulting from a

law which requires such fact to be assumed from
4. Interpretation of Documents another fact.
F. TESTIMONIAL EVIDENCE o logical connection (fact in existence and fact
1. Qualification of Witness presumed)
2. Testimonial Privilege  CONCLUSIVE v. DISPUTABLE PRESUMPTION
3. Admissions and Confessions RULE 132. PRESENTATION OF EVIDENCE
4. Previous Conduct as Evidence  Open court and under oath/affirmation
o Unless incapacitated to speak or question calls for a
5. Testimonial Knowledge
different mode of answer
6. Exceptions to the Hearsay Rule  Except:
7. Opinion Rule 1. Summary Procedure (civil)  affidavit
2. Summary Procedure (crim)  affidavit DT subject
8. Character Evidence to cross
3. Judicial Affidavit Rule
 4. Re: Admissibility & evidentiary weight of electronic
docs  subject to cross
 Form: Q&A – to give opportunity to object
 EXN: child witness – narrative form
C. EXAMINATION OF WITNESS
 Rights of Witness
1. Protected from (Ir, Im, In) questions, and from H/I
demeanor.
2. not detained longer
3. not examined except matters pertinent to issue
4. not answer – subject him to a penalty for an offense,
UOPL
5. not answer – degrade his reputation, unless it is the
very fact in issue / or it’s the fact from which fact in
issue be presumed
a. but must answer to the fact of his previous
final conviction for an offense
A. Direct- is the exam-in-chief of witness (by party presenting
him) on the facts relevant to the issue
B. Cross- purpose:
a. Any matter stated in DE or connected therewith
b. ALL important facts bearing upon the issue
i. Note: English v. American Rule.  we follow
English, except:
1. Adverse-party witness/ hostile or
unwilling witness
2. Cross of an accused – not to be
compelled as a witness against himself
C. Re-Direct – to explain or supplement answers given during
Cross.  matters not dealt with in Cross  yes, but
discretionary
D. Re-Cross – matters not prev dealt with  yes, but
discretionary
 RECALLING OF WITNESS – YES, with LEAVE OF COURT
 Leading Questions, when allowed: (PICHUCA)
 Preliminary matters
 Ignorant witness
 Cross-exam
 Hostile or Unwilling witness
 Child witness
 Adverse-party witness
 Misleading Questions
 IMPEACHMENT OF A WITNESS – destroy or put in doubt
the credibility of the witness
 Methods: (CRIC)
1. Contradictory Evidence – testimony is
wrong or untrue  not just to show
inconsistency, but to show outright witness is
lying – Predicate need not be laid
2. Reputation Evidence – witness’ general
reputation for truth, honesty, or integrity is
bad. Cant be used to impeach own witness.
3. Inconsistent Statement
4. Conviction (final) – for any offense, not just
for perjury or false testi
 LAYING THE PREDICATE (WREA)
a) If statement in WRITING, it must be first shown
b) Statement must be RELATED TO HIM, with the
circumstances of the tpp
c) He must be ASKED if he made such statement
d) If so, EXPLAIN the inconsistency
 Evidence of good character of witness is INADMISSIBLE,
unless it has been IMPEACHED.
 Party impeach his own witness (UHA)
o UNWILLING OR HOSTILE WITNESS – declared by
court
1. Adverse interest
2. Unjustified reluctance to testify
3. Having mislead the party into calling him
o ADVERSE-PARTY WITNESS
 1. Adverse party
2. DOM of a CPA which is an adverse party.
 Note: hostile witness may be impeached as if he had been
called by the adverse party, except by evidence of his bad
character
 JAR is not applicable to UHA. No need to present JA, written
interrogatories is enough.
 Present Memory Refreshed (PMR)  no independent
evidentiary value unless qualifies as independent docu
evidence.
(RFK)
a) RECORDED by the witness or under his direction
b) At the time when the facts are FRESH in his memory
c) And he KNEW that the fact is correctly recorded
 Past Recollection Recorded (PRR)  retains no
recollection of facts but may testify from the writing or
record, provided, able to swear that the record CSTM
(correctly stated the transaction when made)  MUST
comply with BER.

D. AUTHENTICATION AND PROOF OF DOCUMENTS

RULE 133. WEIGHT AND SUFFICIENCY OF EVIDENCE

JUDICIAL AFFIDAVIT RULE

- Applies to all actions, proceedings, and incidents,
requiring the reception of evidence (before the C, IB/O,
SpecC, QJB
- Crim case:
1. Penalty less than 6 yrs
2. Accused agrees
3. Wrt to civil aspect, regardless of penalty