Evidence

What is evidence?

Section 1, Rule 128 of the Rules of Court provides that evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

What is its purpose?

The purpose of evidence is to prove or disprove disputed facts in judicial proceeding.

Can the Rules on Evidence be waived?

Yes, the Rules on Evidence can be waived because they are generally procedural rules intended for the orderly conduct of litigation, and procedural rights may be waived by the parties in the absence of objection.

If it can be waived, what are the exceptions?

The Rules on evidence cannot be waived when
1) The waiver is contrary to law, morals, public order, or public policy
2) The rules involve jurisdiction
3) The rules protect substantial rights, especially in criminal cases

What are the requisites for an evidence to be admissible?

Evidence must be relevant and competent, because only evidence that tends to prove a fact in issue and is allowed by law can aid the court in the proper adjudication of a case.

Relevance is required so that the evidence logically relates to a fact in issue and helps establish the truth.

Competence is required so that the evidence is legally admissible and not excluded by law or the Rules.

When is evidence relevant?

Section 4, Rule 128 of RoC provides that evidence is relevant when it has any tendency to make the existence of a fact more or less probable than it would be without the evidence.

When is evidence competent?

RoC provides that evidence is competent when it is not excluded by the Constitution, law or these Rules.

When is evidence on collateral matters allowed?

Section 4, Rule 128 of RoC provides that evidence on collateral matters is allowed only when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

State the Equipoise Rule.

When the evidence of both parties is evenly balanced, the decision should be against the party who bears the burden of proof.

What are the two (2) kinds of Judicial Notice?

Rule 129 of the Rules of Court provides that Judicial Notice can be mandatory and discretionary.

Section 1, Rule 129 of RoC, mandatory judicial notice refers to matters which the court is required by law to recognize without need of proof, even if the parties do not request it.

Section 2, Rule 129 of RoC, discretionary judicial notice refers to matters which the court may recognize without proof, in the exercise of sound discretion, after giving the parties an opportunity to be heard if required.

State at least five (5) matters that the court should take judicial notice of.

Section 1, Rule 129 of RoC provides that the court must take judicial notice of:
1. the existence and territorial extent of states,
2. their political history, forms of government, and symbols of nationality,
3. the law of nations,
4. the admiralty and maritime courts of the worlds and their seals,
5. political constitution and history of the Philippines
6. official acts of the legislative, executive and judicial departments of the National Government of the Philippines,
7. the laws of nature,
8. the measure of time, and
9. the geographical divisions.

What matters are discretionary for judicial notice?

Section 2, Rule 129 of RoC provides that the court may take judicial notice of:
1. Matters of public knowledge
2. Matters capable of unquestionable demonstration
3. Matters which judges ought to know because of their judicial functions

What is the doctrine of processual presumption?

It the presumption of the foreign law is the same as the Philippines law when the Foreign law is not properly pleaded and proved.

What is judicial admission?

Section 4, Rule 129 of RoC provides that judicial admission is a statement made by a party in the course of judicial proceedings, which does not require proof and is conclusive upon the party making it.

What are considered object evidence?

Section 1, Rule 130 of RoC provides that object (real) evidence refers to objects directly addressed to the senses of the courts, such as weapons, clothing, drugs or physical items.

What is preponderance of evidence?

Section 1, Rule 133 of RoC provides that it is evidence which is more convincing and of greater weight than that offered in opposition.

What is the quantum of evidence required in civil cases?

Section 1, Rule 133 of RoC provides that the quantum of evidence required in civil cases is preponderance of evidence.

What quantum of evidence is required in administrative cases?

Section 5, Rule 133 of RoC provides that the quantum of evidence required in administrative cases is substantial evidence, or such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

What quantum of evidence is required for conviction in criminal cases?

Section 2, Rule 133 of RoC provides that the quantum of evidence required for conviction in criminal cases is proof beyond reasonable doubt.

What is the right against self-incrimination?

Article III, Section 17 of the 1987 Philippine Constitution provides that it is the right of a person not to be compelled to testify against himself, particularly in criminal cases.

May a court refuse the presentation of object evidence?

Yes, the Court may refuse when the object evidence is:
1. irrelevant or incompetent;
2. unduly prejudicial;
3. not properly identified or authenticated; or
4. likely to confuse the issues or cause undue delay.

What is documentary evidence?

Section 2, Rule 130 of RoC provides that documentary evidence consists of documents offered as proof of their contents.

What are considered documentary evidence under the Rules?

Rule 130 of RoC provides that the considered documentary evidence are public documents, private documents and electronic documents.

What is demonstrative evidence? Give two examples.

Demonstrative evidence is evidence used to illustrate or explain testimony such as maps or diagrams and charts or models.

What is the Original Document Rule?

Section 3, Rule 130 of RoC provides that when the contents of a document are the subject of inquiry, the original document must be produced, except in cases allowed by the Rules.

When is a document considered an original?

Section 4, Rule 130 of RoC provides that a document is original when it:
1. Is the first documents;
2. Is a counterpart intended to have the same effect; or
3. Is an electronic document that accurately reflects the data.

When is a document considered a duplicate?

paragraph b, Section 4, Rule 130 of RoC provides that a duplicate is a copy produced by mechanical, photographic, electronic, or equivalent processes that accurately reproduce the original.

What is secondary evidence?

Section 5, Rule 130 of RoC provides that secondary evidence is evidence other than the original document offered to prove the contents of the original.

What must be shown for secondary evidence to be admissible?

Section 5, Rule 130 of RoC provides that it must be shown that:
1. the original exists or existed;
2. the original is lost, destroyed, or unavailable;
3. the loss is not due to bad faith; and
4. reasonable diligence was exerted to produce the original.

How are the contents of a public document proved when the original is in the custody of a public officer?

Section 8, Rule 130 of RoC provides that when the original document is in the custody of a public officer, its contents may be proved by a certified copy issued by the public officer in custody thereof.

What is parol evidence?

Section 10, Rule 130 of RoC provides that parol evidence is oral or extrinsic evidence introduced to vary, contradict, or add to the terms of a written agreement.

Distinguish the Parol Evidence Rule from the Original Document (Best Evidence) Rule.

Parol evidence rule deals with varying the terms of a written agreement. It only applies when the document is valid and complete.

On the other hand, original document rule deals with proof of the contents of a document. It requires the production of the original document.