EVIDENCE

ASSIGNMENT NUMBER 6

Assignment 6

EVIDENCE
Instruction: Answer the following questions.

1. Define Evidence.

Section 1 of Rule 128 of the Rules of Court defines evidence as the means, sanctioned
by the Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

2. What are the two elements that must concur for evidence to be admissible?

As provided in Section of Rule 128, the following elements must concur:

a) The evidence is relevant; and

b) The evidence is not excluded by the rules.

3. When may collateral matters be admitted in evidence?

Under Section 4 of Rule 128, a collateral matter may be admitted if it tends in any
reasonable degree to establish the probability or improbability of the fact in issue.

4. Enumerate matters which are subject to mandatory judicial notice under Sec. 1,
Rule 129.

A court shall take judicial notice, without the introduction of evidence, of the following:

1. the existence and territorial extent of states;

2. their political history;

3. forms of government and symbols of nationality;

4. the law of nations;

5. the admiralty and maritime courts of the world and their seals;

6.the political constitution and history of the Philippines;

7. the official acts of legislative, executive and judicial departments of the Philippines;

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8. the laws of nature;

9. the measure of time; and

10. the geographical divisions.

5. Enumerate matters which are subject to discretionary judicial notice under Sec. 2,
Rule 129.

A court may take judicial notice of the following matters:

1. Matters that are of public knowledge;

2. or are capable to unquestionable demonstration;

3. or ought to be known to judges because of their judicial functions.

6. When a disputed fact is subject to judicial notice, is there a need for the parties to
present evidence to prove such fact?

NO. As a general rule, there is a need to present because the purpose of evidence is to
ascertain the truth respecting a matter of fact in a judicial proceeding. Evidence is required
because of the presumption that the court is not aware of the veracity of the facts involved in a
case. It is therefore, incumbent upon the parties to prove a fact in issue through the
presentation of admissible evidence.

However, when the rule on judicial notice is invoked, the court may dispense with the
presentation of evidence on judicially-cognizable facts. The taking of judicial notice is a matter
of expediency and convenience for it fulfils the purpose that the evidence is intended to
achieve, and in this sense, it is equivalent to proof. (LBP V. Yatco Agricultural Enterprises)

7. State the doctrine of processual presumption.

Foreign laws must be alleged and proved. In the absence of proof, the foreign law will
be presumed to be the same as the laws of the jurisdiction hearing the case.

8. Distinguish “factum probandum” from “factum probans”.

Factum probandum and factum probans are distinguished in this wise:

Factum probandum is the fact or proposition to be established while factum probans are
the facts or material evidencing the fact or proposition to be established.

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 Stated in another way, the factum probandum is the fact to be proved; it is the fact
which is in issue and to which the evidence is directed.

On the other hand, factum probans is the probative or evidentiary fact tending to prove
the fact in issue.

9. a) When may judicial admissions be considered as such?; b) How may judicial

admissions be contradicted by evidence?

a) Under Sec. 4, Rule 129 of the Rules of Court, these are admissions, verbal or written,
made by a party in the course of the proceedings in the same case, which does not require
proof.

Additional notes:
It is subject to cross examination. Admissible even if self-serving. Conclusive upon
admitter.

Requisites:

a. It must be made by a party to the case of his counsel;

b. It must be made in the course of the proceedings in the same case; and
c. It can be verbal or written admission. There is no particular form required.

b) Grounds for contradicting judicial admissions:

1. Upon showing that the admission was made through palpable mistake; or
2. When it is shown that no such admission was made.

Remedy of party who made judicial admissions:

1. Written admission
2. Oral admission

10. a) Define object evidence; b) When is object evidence admissible?

a.) Object as evidence are those addressed to the senses of the court. When an object
is relevant to the fact in issue, it may be exhibited to, examined or reviewed by the court. It is
not limited to the view of an object. It covers the entire range of human senses: hearing, taste,
smell and touch.

b.) In order to be admissible, the following requisites must exist:

A. It must be relevant and competent;

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 B. Authenticated;
C. The authentication must be made by a competent witness who should identify the
object to be the actual thing involved; and
D. The object must be formally offered in evidence.

11. When does a document considered a documentary evidence?; b) Can a

document or writing be considered an object evidence? Explain.

a) Documents as evidence consists of writing s or any material containing letter, words,

numbers, figures, symbols, or other modes of written expressions, offered as proof of their
contents. Sec. 2 Rule 130

A document is considered as documentary evidence when the following instances exist:

a. When the document is relevant;

b. When documents should be authenticated and proved in the manner provided in the
Rules of Court. Such authentication must be done by a competent witness;
c. The documents should be identified and marked; and
d. They should be formally offered to the court and shown to the opposing party so that
the latter may have the opportunity to object thereto.

b) Can a document or writing be considered an object evidence?

Documents are object evidence if the purpose is to prove their existence or

condition, or the nature of the handwriting thereon, or to determine the age of the paper used,
or the blemishes or alterations thereon, as where falsification is alleged.

12. a) State the Best Evidence Rule and its exceptions.

General Rule:

It provides that when the subject of the inquiry is the contents of the document, no
evidence shall be admissible other than the original document itself.

Exceptions:

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

The best evidence rule, applied to a documentary evidence, operates as a rule of

exclusion, that is, secondary evidence cannot be inceptively be introduced as the original
writing itself must be produced in court, except in the exceptions provided.

13. What documents are considered original?

There are three concepts to be considered as an original document, to wit:

1. The original of a document is one the contents of which are the subject of inquiry;
2. When a document is in 2 or more copies executed at or about the same time, with identical
contents, including signed carbon copies, all such copies are equally regarded as originals; or
3. When an entry is repeated in the regular course of business, one being copied from another
at or near the time of the transaction, including entries in journals and
ledgers, all the entries are likewise equally regarded as originals (Sec. 4).

14. What evidence is/are admissible – a) when the original of a document was lost
or destroyed?; b) when the original of the document is a public record.

A.) When the original document has been lost or destroyed, or cannot be produced in court,
the offeror, upon proof of its execution or existence and the cause of its unavailability without
bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some
authentic document, or by the testimony of witnesses in the order stated. (Sec. 5. Rule 130)

B.) When the original of document is in the custody of public officer or is recorded in a
public office, its contents may be proved by a certified copy issued by the public officer in
custody thereof. (Sec. 7, Rule 130)

Written official acts, or records of the official acts of the sovereign authority, official bodies and
tribunals, and public officers, e.g. a written foreign law, may be evidenced by:
1. If it is within the Philippines
a. an official publication thereof; or
b. by a copy attested by the officer having the legal custody of the record, or by his deputy.
2. If it is kept in a foreign country
a. an official publication thereof; or
b. by a copy attested by the officer having the legal custody of the record, or by his deputy and
accompanied with a certificate that such officer has the custody. The certificate may be made
by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent
or by any officer in the foreign service of the Philippines stationed in the foreign country in
which the record is kept, and authenticated by the seal of his office (Sec. 24, Rule 132).

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15. State the Parole Evidence Rule and its exceptions.

It is any evidence aliunde (extrinsic evidence) which is intended or tends to vary or

contradict a complete and enforceable agreement embodied in a document (Regalado, Vol. II,
p. 730, 2008 ed.). It may refer to testimonial, real or documentary evidence. The purpose of
which is to give stability to written statements; to remove the temptation and possibility of
perjury; and to prevent possible fraud. Exception is when a party may present evidence to
modify, explain or add to the terms of the written agreement if he puts in issue in his pleadings
the following:

1. An intrinsic ambiguity, mistake or imperfection in the written agreement;

2. Failure of the written agreement to express the true intent of the parties thereto;
3. Validity of the written agreement; or
4. Existence of other terms agreed to by the parties or their successors in interest after
the execution of the written agreement. (Sec. 9)

16. Enumerate the rules in the interpretation of a document.

The following are the rules in the interpretation of a document:

1. The language of a writing is to be interpreted according to the legal meaning it bears in the
place of its execution, unless the parties intended otherwise.
2. Where there are several provisions or particulars, such a construction is, if possible, to be
adopted as will give effect to all.
3. The intention of the parties is to be pursued; and when a general and a particular provision
are inconsistent, the latter is paramount to the former. So a particular intent will control a
general one that is inconsistent with it.
4. The circumstances under which it was made, including the situation of the subject thereof
and of the parties to it, may be shown, so that the judge may be placed in the position of those
whose language he is to interpret.
5. The terms of a writing are presumed to have been used in their primary and general
acceptation, but evidence is admissible to show that they have a local, technical, or otherwise
peculiar signification, and were so used and understood in the particular instance, in which case
the agreement must be construed accordingly.
6. When an instrument consists partly of written words and partly of a printed form, and the
two are inconsistent, the former controls the latter.
7. When the characters in which an instrument is written are difficult to be deciphered, or the
language is not understood by the court, the evidence of persons skilled in deciphering the
characters, or who understand the language, is admissible to declare the characters or the
meaning of the language.
8. When the terms of an agreement have been intended in a different sense by the different
parties to it, that sense is to prevail against either party in which he supposed the other
understood it, and when different constructions of a provision are otherwise equally proper,
that is to be taken which is the most favorable to the party in whose favor the provision was
made.
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9. When an instrument is equally susceptible of two interpretations, one in favor of natural right
and the other against it, the former is to be adopted.
10. An instrument may be construed according to usage, in order to determine its true
character (Secs. 10-19).

17. Who may be qualified as a witness?

Who may be qualified as a witness?

All persons who:

1. can perceive and perceiving;
2. can make known their perception to others (Sec. 20, Rule 130);
3. must take either an oath or an affirmation (Sec. 1, Rule 132; Riano, Evidence: A Restatement
for the Bar, p. 245, 2009 ed.); and
4. must not possess the disqualifications imposed by law or the rules (Riano, Evidence: A
Restatement for the Bar, p. 246, 2009 ed.)

NOTE: The ability to make known the perception of the witness to the court involves
two factors: (a) the ability to remember what has been perceived; and (b) the ability to
communicate the remembered perception. Consider a witness who has taken the oath and who
has personal knowledge of the event which he is going to testify (Riano, Evidence: A
Restatement for the Bar, p. 248, 2009 ed).

18. Who are disqualified as a witness by reason of mental incapacity?

19. a) What is marital disqualification?; b) What is marital privilege?
20. Who may be disqualified to witness by reason of privilege communication?
21. a) What is parental privilege?; b) What is filial privilege?
22. a) Differentiate admissions from confessions; b) What is the rule on the
admissibility of extrajudicial admissions and confessions?
23. What is the rule on the admissibility of an offer to settle/compromise?
24. a) State the “res inter aliosacta” rule and its exceptions.
25. What is the rule on the admissibility of similar act or previous conduct as
evidence?
26. a) State the general rule on the admissibility of testimonial evidence; b)
enumerate the exceptions to the general rule.
27. a) State the general rule on the admissibility of the witness’ opinion as evidence;
b) enumerate the exceptions to the general rule.
28. State the rules on the admissibility of character evidence.
29. a) Who has the burden of proof in criminal cases?; b) who has the burden of
proof in civil cases?
30. a) What is a leading question?: b) Under what circumstances that a leading
question may be allowed?; c) What is a misleading question?; d) under what
circumstances that a misleading question be allowed?
31. a) In your own understanding what is meant by “impeaching” a witness?; b) can

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a party impeach his own witness?; c) how may counsel impeach the other party’s
witness?
32. a) When may the good character of a witness admissible in evidence?; b) Is this
rule applicable if the witness if the accused in a criminal case?; c) Is this rule
applicable if the witness is the plaintiff in a civil case?
33. How may you prove the authenticity and due execution of – a) a public
document? b) a private document?

a. A public document

Public documents are admissible in evidence even without further proof

of their due execution and genuineness. (Ernesto L. Salas v. STA. MESA
MARKET, GR No. 157766)/ (Sec 19)/ UST Golden Notes page 324.

b. A private document

Rule 132, Sec. 20 of the Rules of Court provides: Proof of private

document. — Before any private document offered as authentic is received in
evidence, its due execution and authenticity must be proved either:

(a) By anyone who saw the document executed or written; or

(b) By evidence of the genuineness of the signature or handwriting of the

maker.

Any other private document need only be identified as that which it is

claimed to be.

34. What is an ancient document? Is there a need to prove due execution or

authenticity of an ancient document?

In the law of evidence, ancient document is a document which is admissible

as an exception to the hearsay rule, and which is considered self-authenticating,
because it is older than a certain age (usually twenty years), in a condition that makes it
free from suspicion concerning its authenticity, and was found in a place where such a
writing was likely to be kept.

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 Requirements for “Ancient Documents”:

a. more than 20 years old;

b. is regular on its face with no signs of obvious alterations; and

c. found in a place of natural custody, or in a place where it would be

expected to be found, then the document is found to be prima facie
authenticated and therefore admissible.

On the other hand, there is no need to prove due execution or authenticity of an

ancient document where a private document is more than thirty years old, is produced
from the custody in which it would naturally be found if genuine, and is unblemished by
any alterations or circumstances of suspicion, no other evidence of its authenticity need
be given, (Sec. 21, Rule 132).

35. To prove genuineness of a handwriting, the testimony of an expert witness is

indispensable. True or False? Explain.

False, the testimony of an expert witness is necessary.

Rule 130, Section 48, provides that the opinion of witness is not admissible, except as
indicated in the following sections except,

Opinion of expert witness (Rule 130, Section 49) — The opinion of a witness on a
matter requiring special knowledge, skill, experience or training which he shown to posses, may
be received in evidence.

a.
36. a) Can the court consider evidence which have not been formally
offered?; b) If there are exceptio Can the court consider evidence which have not
been formally offered?

No, Rule 132, section 34 provides that the court shall consider no evidence which
has not been formally offered. The purpose for which the evidence is offered must be
specified. Its function is to enable the trial judge to know the purpose or purposes for
which the proponent is presenting the evidence. On the other hand, this allows opposing

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 parties to examine the evidence and object to its admissibility. Moreover, it facilitates
review as the appellate court will not be required to review documents not previously
scrutinized by the trial court. Evidence not formally offered during the trial cannot be
used for or against a party litigant. Neither may it be taken into account on appeal.

b. If there are exceptions, enumerate them.(UST Golden Notes Pages 360-361)

1. Marked exhibits not formally offered may be admitted provided it complies with
the following requisites: a. must be duly identified by testimony duly recorded;
and b. must have been incorporated in the records of the case (Ramos v. Dizon,
G.R. No. 137247, Aug. 6, 2006);

2. Under the Rule on Summary Procedure, where no full blown trial is held in the
interest of speedy administration of justice;

3. In summary judgments under Rule 35 where the judge based his decisions on
the pleadings, depositions, admissions, affidavits and documents filed with the
court;

4. Documents whose contents are taken judicial notice of by the court;

5. Documents whose contents are judicially admitted; or

6. 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 cross
examination of the witness who testified on them during the trial.

37. a) When should the proponent make the offer of testimonial evidence?; b) When
should the documentary evidence be offered?

A.) when should the proponent make the offer of testimonial evidence?

Under sec. 35 of rule 132 of the Rules of Court, As regards the testimony of a witness,
the offer must be made at the time the witness is called to testify.

B.) when should the the documentary evidence be offered?

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 Documentary and object evidence shall be offered after the presentation of a party’s
testimonial evidence. Such offer shall be done orally unless allowed by the court to be done in
writing.

38. a) What is a continuing objection?: b) What is tender of excluded evidence and

what is its purpose?

A.) what is a continuing objection?

Under sec. 37 of Rule 132 of the Rules of Court, when it becomes reasonably
apparent in the course of examination of a witness that the questions being propounded are of
the same class as those to which objection has been made, whether such objection was
sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for
the adverse party to record his continuing objection to such class of questions.

B.) what is tender of excluded evidence and what is its purpose?

Under sec. 40 of Rule 132 of the Rules of Court, If documents or things offered
in evidence are excluded by the court, the offeror may have the same attached to or made part
of the record. If the evidence excluded is oral, the offeror may state for the record the name
and other personal circumstances of the witness and the substance of the proposed testimony.

39. The general rule is that, the judge need not state the reason for his/her ruling
on an objection. Is there an exception?

Under sec. 38 of Rule 132 of the Rules of Court, The ruling of the court must be given
immediately after the objection is made, unless the court desires to take a reasonable time to
inform itself on the question presented; but the ruling shall always be made during the trial and
at such time as will give the party against whom it is made an opportunity to meet the situation
presented by the ruling.

The reason for sustaining or overruling an objection need not be stated. However, if the
objection is based on two or more grounds, a ruling sustaining the objection on one or some of
them must specify the ground or grounds relied upon.

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40. What elements must concur so that circumstantial evidence may be sufficient to
convict an accused?

The following are the elements must concur so that circumstantial evidence may
be sufficient to convict an accused:

1. There is more than one circumstance;

2. The facts from which the inferences are derived are proven; and
3. The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.

Wala sa damit, wala sa kulay ang pagmamahal! Nasa puso! Nasa

utak!
— Maricel Soriano

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