VIDENCE

SECTION 1. EVIDENCE
Mode and manner of proving competent facts in
judicial proceeding.
PROOF
-result of evidence
FACTUM PROBANDUM
Ultimate facts
Proposition

FACTUM PROBANS
Evidentiary facts which
establish ultimate facts
Materials which
establishes that
proposition

SECTION 2. The rules of evidence shal be the same in

all courts and in all trials and hearing, except as
otherwise provided by law/rules.
SOURCES of EVIDENCE
Primary: Rules of Court
Others: Special law ( ex. RA 4200 Wiretapping)
BILL of RIGHTS (ART. 3 1987 CONSTITUTION)
Sec. 2 Right against Unreasonable SEARCH & SEIZURE
Sec. 3 Right to PRIVACY of COMMUNICATION &
CORRESPONDENCE
Sec. Right against self incrimination except if covered
by immunity
statues.
(Evidence obtained in violation of these rights are
inadmissible)
APPLICABILTIY OF RULES of EVIDENCE
1.JUDICIAL proceeding- applicable
2.QUASI- JUDICIAL proceeding- by analogy/ suppletory
whenever practicable or convenient EXCEPT law adopts
RoE
FORMS:
1.OBJECT/ REAL evidence
2. DOCUMENTARY evidence
3. TESTIMONIAL evidence
OBJECT
Tangible things
exhibited in :
1. open court
2.ocular
inspection
3.or place
designated by
court

Ascertainment
is made
through the
direct use of
different senses
of the
judge/delegate

DOCUMENTA
RY
Written
instruments or
or derived form
Conventional
symbols such
as letters by
whuch ideas
are represented
on material
substances

TESTIMONIAL
Submitted
through:
1.Testimony
2.Depostion of
a witness

OTHER CLASSIFICAITON OF EVIDENCE:

a. RELEVANT, MATERIAL and COMPETENT
evidence
RELEVANT
MATERIAL
COMPETENT
-evidence
Evidence
Evidence not
which has
directed to
excluded by the
rational
prove in issue
Rules, a statute
probative value
as determined
or the
to establish the
by the rules of
constitution.
issue in
substantive law
controversy
and pleading
RELEVANCY
TEST:
-logical relation
of the
evidentiary fact
to the fact in
issue

MATERIALITY
TEST
- Determined
by whether the
fact it intends
to prove is in
issue or not
(Fact in issue or
not is
determined by
substantive
law, pleadings,
pre-trial order
admissions or
confession on
file.)

B. DIRECT and CIRCUMSTANTIAL EVIDENCE

DIRECT
CIRCUMSTANTIAL
Evidence that proves
Proof of a fact taken
fact in dispute without
either singly or
aid of any presumption
collectively the existence
or inference
of the particular fact in
dispute may be inferred
as necessary or probable
consequence
C.CUMMULATIVE and CORROBORATIVE EVIDENCE
CUMMULATIVE
CORROBORATIVE
EVIDENCE
Evidence of the same
Additional evidence of a
kind and to the same
different character to the
state of facts
same point
D.PRIMA FACIE and CONCLUSIVE EVIDENCE
PRIMA FACIE
CONCLUSIVE
Evidence standing alone, Evidence law which law
unexplained or
does not allow to be
uncontradicted is
contradicted.
sufficient to maintain the
proposition affirmed.
E.PRIMARY and SECONDARY EVIDENCE
PRIMARY
SECONDARY
Best evidence
Substitutionary evidence
Regarded as affording
Permitted by law only
the greatest certainty of
when best evidence is
the fact in question
not available.
POSITIVE and NEGATIVE EVIDENCE
POSITIVE
NEGATIVE
When witness affirms
When witness states he

that a fact did or did not

occur
Witness represents his
personal knowledge the
presence or absence of a
fact

did not see or know of

occurrence of a fact
Total disclaimer of
personal knowledge

SECTION 3 ADMISSIBLITY OF EVIDENCE

SECTION 4. RELEVANCY; COLLATERAL MATTERS
REQUISITES of ADMISSIBILITY
1. Relevant to the issue sought to be proved
2. Competent
RELEVANT
-must have such a relation to the fact in issue as to
induce belief in its existence or non existence ( Sec. 4)
COMPETENT
-if not excluded by law or rules on evidence (SEC. 3)
2 AXIOMS of ADMISSIBIITY by WIGMORE
a.facts having rational probative value are admissible
b.all facts having rational probative value are
admissible unless some specific rule forbids their
admission
When is admissibility of Evidence determined?
-at the time it is offered to the court ( Sec 35. Rule 132)
OBJECT
Offered to the
court when
presented for
its view or
evaluation

TESTIMONIAL
Offered by the
calling of the
witness to the
stand

DOCUMENTARY
Offered by the
proponent
immediately
before he rests
his case.

When objection to the admissibility be made?

1.at the time evidence is offered
2.as soon as the objection to its admissibility becomes
apparent
OR ELSE WAIVED
RULES/DOCTRINES of ADMISSIBLITY:

Such
evidence may

law for its

admissibility.

PROVIDED:
NO BAD FAITH
on the part of
the proponent
3 THEORIES in CURATIVE ADMISSIBILITY:
AMERICAN
ENGLISH
MASSACHUSE
TTS
Admission of
If a part
Adverse party
incompetent
presented
maybe
evidence
inadmissible
permitted to
without
evidence, the
introduce
objection by
adverse party
similar
the opponent
may resort to
incompetent
does not justify
similar
evidence in
such opponent
inadmissible
order to avoid a
in rebutting it
evidence
plain and unfair
by similar
prejudice
incompetent
caused by the
evidence
admission of
the other
partys
evidence
What determines the application of CURATIVE
ADMISSIBILITY RULE?
1. Whether the incompetent evidence was
seasonably objected
2. If admission will cause a plain and unfair
prejudice to the party against whom it was
admitted.
STONEHILL v. DIOKNO
Documentary evidence illegally obtained is
inadmissible on a timely motion or action to suppress. (
Same rule applies to illegally obtained confession)

1.Conditional Admissibility
2.Multiple Admissibility
3.Curative Admissibility
CONDITIONA
L
At time of
offer,
evidence
appears to be
immaterial
unless it is
connected
with the other
facts to be
subsequently
proved.

be received
on condition
that other
facts will be
proved
thereafter,
otherwise the
evidence will
be stricken
out.

MULTIPLE

CURATIVE

Where evidence
is relevant and
competent for 2
or more
purposes, such
evidence should
be admitted for
any or other all
purposes for
which it is
offered provided
it satisfies all
the
requirements of

Right of a party
to introduce
incompetent
evidence in his
behalf where
the court has
admitted
incompetent
evidence
adduced by
adverse party.

COLLATERAL MATTERS
-matters other than the facts in issue and which are
offered as basis for inference as to existence or nonexistence of the facts in issue.
Irrelevant collateral facts- prohibited
Relevant collateral facts- allowed
CIRCUMSTANTIAL EVIDENCE
Evidence of collateral facts or circumstances
from which an inference may be drawn as to
probability of facts in dispute.
EVIDENCE MAY BE ADMISSIBLE, IT MAY BE ENTITLED TO
LITTLE OR NO WIEGHT AT ALL.
Ratio:
Admissibility is determined by relevance or
competence

Weight depends on judicial evaluation within the

guidelines under Rule 133.

RULE 129
WHAT NEED NOT BE PROVED
JUDICIAL NOTICE
-cognizance of certain facts which judges may properly
take and act on without proof because they are already
know to them
-based on considerations of expediency and
convenience
-maybe motu poprio or by request or unvitation by
parties