EVIDENCE - RULE 128-129 (and General Concepts)

Question 1

Definition of evidence under the Rules of Court

Answer 1

Rule 128. Section 1. Evidence defined. – Evidence is the means, sanctioned by these [R]ules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)

Question 2

What is the scope of the rules of evidence?

Answer 2

Rule 128. Section 2. Scope. – 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 [R]ules. (2)

Question 3

When is evidence admissible?

Answer 3

Rule 128. 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. (3a)

Question 4

When is evidence considered relevant?

Answer 4

Rule 128. Section 4. Relevancy; collateral matters. – Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (4)

Question 5

What need not be proved?

Answer 5

Judicial notice; judicial admissions

Question 6

When is judicial notice mandatory?

Answer 6

Rule 129. Section 1. Judicial notice, when mandatory. – A court shall take judicial notice, without the introduction of evidence, of the:

[1] existence and territorial extent of states, their political history, forms of government and symbols of nationality,
[2] the law of nations, the admiralty and maritime courts of the world and their seals,
[3] the political constitution and history of the Philippines, official acts of the legislative, executive and judicial departments of the National Government of the Philippines,
[4] the laws of nature, the measure of time, and the geographical divisions. (1a)

Question 7

When is judicial notice discretionary?

Answer 7

Rule 129. Section 2. Judicial notice, when discretionary. – A court may take judicial notice of matters which

[1] are of public knowledge, or
[2] are capable of unquestionable demonstration, or
[3] ought to be known to judges because of their judicial functions. (2)

Question 8

When is hearing necessary before a court takes judicial notice over a matter?

Answer 8

Rule 129. Section 3. Judicial notice, when hearing necessary. –
[1] 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.

[2] 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. (3a)

Question 9

What is a judicial admission?

Answer 9

Rule 129. 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. (4a)

Question 10

When may a judicial admission be contradicted?

Answer 10

Rule 129. Section 4. Judicial admissions. – […] The admission may be contradicted only by showing that it was made through
[1] palpable mistake or
[2] that the imputed admission was not, in fact, made. (4a)

Question 11

What are the instances when the technical rules of evidence are not applicable?

Answer 11

Technical rules of evidence are not applicable in the following instances (EL-CaN-InO-LP)
1. Election cases
2. Land registration
3. Cadastral proceedings
4. Naturalization proceedings
5. Insolvency proceedings
6. Other cases as may be provided for by law (Sugar Regulatory Administration v. Tormon, GR No. 195640, Dec. 4, 2012)
7. Labor tribunal and proceedings before administrative bodies (Manalo v. TNS Philippines, Inc., GR No. 208567, Nov. 26, 2014; Atienza v. Board of Medicine, GR No. 177407, Feb. 9, 2011); and
8. Preliminary investigations (Reyes v. Ombudsman, GR Nos. 212593-94, March 15, 2016)
[SBU Red Book Vol2S2023]

Question 12

Distinguish evidence from proof

Answer 12

Evidence and proof are distinguished as follows:

1. Difference in definition => Evidence is the medium or means by which a fact is proved or disproved while proof is the effect or result of evidence. Proof is the logically sufficient reason for assenting to the truth of a proposition advanced.
2. Difference as to scope => Evidence is a narrower term and includes only such kinds of proof as may be legally presented at a trial, by the act of the parties, and through the aid of such concrete facts as witnesses, records, or other documents. In its juridical sense, Proof is a term of wide import, and comprehends everything that may be adduced at a trial, within the legal rules, for the purpose of producing conviction in the mind of judge or jury, aside from mere argument.

[SBU Redbook Vol2S2023]

Question 13

Distinguish Ultimate Facts from Evidentiary Facts

Answer 13

Ultimate Facts are the essential and substantial facts which either
[1] form the basis of the primary right and duty or
[2] which directly make up the wrongful acts or omissions of the defendant (Bank of Commerce v. Heirs of De la Cruz GR No. 211519, Aug. 14, 2017)

Evidentiary facts are those which to prove or establish ultimate facts (Far East Marble Phils., Inc. v. Court of Appeals, GR No. 94093, Aug. 19, 1993)

[SBU Redbook Vol2S2023]

Question 14

Distinguish burden of proof from burden of evidence

Answer 14

Burden of Proof is
[1] the duty of a party to present evidence on a fact in issue necessary to establish his or her claim or defense by the amount of evidence required by law.
[2] Burden of Proof never shifts.

Burden of Evidence is
[1] The duty of a party to present evidence sufficient to establish or rebut the fact in issue to establish a prima facie case
[2] Burden of Evidence may shift from one party to the other in course of the proceedings depending on the exigencies of the case. (ROC R131S1)

[SBU Redbook Vol2S2023]

Question 15

What is the equipoise rule in relation to criminal cases?

Answer 15

The equipoise rule provides that where the evidence in a criminal case is evenly balanced, the constitutional presumption of innocence tils the cales in favor of the accused (People v. Erguiza, GR No. 171348, Nov. 26, 2008)

Question 16

When do we apply the equipoise rule?

Answer 16

The equipoise rule finds application if the inculpatory facts and circumstances are capable of two or more explanations, one of which is consistent with the inocence of the accused and the other consistent with his guilt, for then the evidence does not fulfill the test of moral certainty, and does not suffice to produce conviction (Arriola v. People, GR No. 199975)

Question 18

What is the equiponderance doctrine in relation to civil cases?

Answer 18

When the evidence on an issue of fact is in equipoise or there is doubt as to which side the evidence preponderates, the party having the burden of proof fails upon that issue (Arriola v. People, G.R. No. 199975). Where neither party is able to estabish its cause of action and prevail with the eidence it has, the courts have no choice but to leave them as they are and dismiss the complaint/petition (Sabellina v. Doloresburay, GR No. 187727)

Question 19

What are the requisites for admissibility of evidence?

Answer 19

The evidence msut e:
1. Relevant - such a relation to the fact in issue as to induce belief in its existence or non-existence; and
2. Competent - it must not be excluded by the rules on evidence, the law, or the constitution

Question 20

When is evidence considered relevant?

Answer 20

Evidence, to be relevant, must have such a relation to the fact in issue as to induce belief in its existence or non-existence. [ROC Rule 128 S4]

The sole test of relevancy is whether or not the factual information tendered for communication to the fact finder would be helpful in the determination of the factual matter that is in dispute between the parties. [G2024 reviewer]

Question 20

What are collateral matters?

Answer 20

Collateral matters are matters which are not in issue (Rule 128 S4)

Question 21

What is multiple admissibility of evidence?

Answer 21

Multiple admissibility of evidence means where the evidence is relevant and competent for two or more purposes, such evidence may be admitted for any or all of the purposes for which it is offered provided it satisfies all the requirements of for its admissibility therefore. [SBU Redbook V2S2023]

Question 21

What is conditional admissibility?

Answer 21

Conditional admissibility means where the evidence at the time of its offer appers to be immaterial or irrelevant, unless it is connected with the other facts to be subsequently proved, such evidence may be received on the condition that the other facts will be proved thereafter; otherwise, the evidence given will be stricken out from the record [SBU Redbook V2S2023]

Question 22

What is curative admissibility?

Answer 22

Curative admissibility means where improper evidence was admitted over the objection of the opposing party, he should be permitted to contradict it with similar improper evidence. This is evidence introduced to cure, contradict, or neutralize improper evidence presented by the other party. [SBU Redbook V2S2023]

Question 23

Distinguish direct evidence from circumstantial evidence.

Answer 23

Direct evidence vs. circumstantial evidence:

[1] As to ability to establish facts in dispute => Direct evidence proves a challenged fact without drawing any interference while circumstantial evidence indirectly proves a fact in issue, such that the fact-finder must draw an inference or reason from circumstnatial evidence.

[2] As to probative value => jurisprudence considers them to be of equal value. The Rules of Court do not distinguish between “direct evidence of fact and evidence ofcircumstnaces from which the existence of a fact may also be inferred.” They are identical because no degree of certainty is required when the evidence is circumstantial than when it is direct.

[SBU Redbook V2S2023]

Question 24

Distinguish positive from negative evidence

Answer 24

Positive evidence is when a witness affirms on the stand that a certain state of facts does exist or that a certain event happened.

Negative evidence is when the witness states that an event did not occur or that the state of facts alleged to xist does not actually exist.

[SBU RB V2S2023]

Question 25

Distinguish cmpetent evidence from credible evidence

Answer 25

Competent evidence refers to those not excluded by the Constitution, the law, or the Rules and are determined by the prevailing exclusionary rules of evidence.

Credible evidence refers to the probative value or convincing weight of evidence. Weight involves the effect of the evidence admitted - its tendency to convince and persuade. It is not determined mathematically by the numeral superiority of the witness testifying to a given fact but depends upon its practical effect in inducing the belief on the part of the judge trying the case.

[SBU RB V2 S2023]

Question 26

What matters need not be proven by the parties under the Rules of Court?

Answer 26

[JAPAN] The following matters need not be proved:
1. Facts which are subject of [J]udicial notice (ROC Rule 129 S1-3);
2. Facts which are judicially [A]dmitted (ROC R129S4)
3. Facts which are legally presumped (SBU REDBOOK)
4. Those which are the subject of an Agreed Statement of Facts between the parties (R30S7)
5. Matters not specifically denied in the answer (R8S11)

[sbu rb v2 s2023]

Question 27

What is judicial notice?

Answer 27

Judicial notice is the cognizance of certain facts which judges may properly take and act on without proof because they already know them (People v. Tundag GR 135695-96). Judicial notice may either be mandatory or discretionary (R129 S1-2) [sbu rb v2 s2023]

Question 28

What are the material requisites of judicial notices?

Answer 28

[KSJ]
The material requisites of judicial notice are:
1. The matter must be of common and general [K]nowledge;
2. It must be well and authoritatively [S]ettled and not doubtful or uncertain; and
3. It must be known to be within the liimist of the [J]urisdiction of the court. (Expertravel & Tours Inc v. CA GR 152392; State Prosecutors v. Muro, 1994)

Question 29

What msut the court use as a guide in determining what facts may be assumed to be judicially known?

Answer 29

The principal giuide in determining what facts may be assumed to be judicially known is that of notoreity. Hence, it can be said that judicial notice is limited to facts evidenced by public records and facts of general notoreity (State Prosecutors v. Muro, 1994)

Question 30

Explain the test of notoreity

Answer 30

Whether the fact involved is so notoriously known as to make it proper to assume its existence without proof. [G2024 reviewer]

Question 31

What is the effect of a judicial notice on the burden of proving a fact?

Answer 31

The taking of judicial notice means that the court will dispense with the traditional form of presentation of evidence. In so doing, the court assumes that the matter is so notorious that it would not be disputed (Republic v. Sandiganbayan GR No. 152375 Dec 16, 2011) [SBU RB v2 s2023]

Question 32

When is judicial notice mandatory?

Answer 32

[EP-NAPON-TG]

A court shall take judicial notice without the introduction of evidence, of the following matters:
1. the [E]xistence and territorial extent of states;
2. their [P]olitical history, forms of government, and symbols of nationality;
3. the law of [N]ATIONS;
4. the [A]dmiralty and maritime courts of the world and their seals;
5. the [P]olitical constitution and history of the Philippines;
6. the [O]fficial acts of the legislative, executive and judicial departments of the National Government of the Philippines;
7. the laws of [N]ature;
8. the measure of [T]IME; AND
9. the [G]eographical divisions (ROC R129S1)

[SBU RB V2 S2023]

Question 33

When is judicial notice discretionary?

Answer 33

[PUJ]
Judicial notice is discretionary on the following matters:
1. matters are of [P]ublic knowledge
2. matters which are capable of [U]nquestionable demonstration; or
3. matters which are out to be known to [J]udges because of their judicial functions (R129S2)

[SBU RB v2S2023]

Question 34

What are things of “common knowledge”?

Answer 34

Things of “common knowledge”, of which courts take judicial notice, may be matters coming to the knowledge of men generally in the course of the ordinary experiences of life, or they may be matters which are generally accepted by mankind as true and are capable of ready and unquestioned demonstration. [Sps Latip v. Chua]

Question 35

General rule and exception to judicial notice of acts and records in another case

Answer 35

GR: A court cannot take judicial notice of the records of other cases even when such cases had been tried by the same court and notwithstanding the fact that both cases may have been tried before the same judge

XPN: [AWII]
1. when in the [A]bsence of any objection and knowledge of the opposing party, the contents of said other case are clearly referred to by title and number in a pending action and adopted or read into the record of the latter;
2. when the original record of the other case or any part of it is actually [W]ithdrawn form the archives at the court’s discretion upon the request, or with the consent, of the parties, and admitted as part of the record of the pending case; and
3. when the present action is closely [I]nterwoven or so clearly [I]nterdependent to another case in respect to the matter in controversy.