Comprehensive Study Guide on the Revised Rules on Evidence

PART I: UNDERSTANDING BASIC CONCEPTS

• Remedial Law Defined: Remedial law lays down the methods by which those rights or obligations arising from substantive law are protected, enforced, and given effect. It is also referred to as adjective law.
• Substantive Law Defined: Substantive law creates, defines, and regulates rights concerning life, liberty, and property. It regulates the duties which give rise to a cause of action and is the part of the law which courts are established to administer.
• Rule-Making Power of the Supreme Court: Under Section $5(5)$, Article VIII of the 1987 Constitution, the Supreme Court is vested with the power to promulgate rules concerning:
  1. Protection and enforcement of constitutional rights.
  2. Pleading.
  3. Practice.
  4. Procedure in all courts.
  5. Admission to the practice of law.
  6. The Integrated Bar.
  7. Legal assistance to the underprivileged.
• Exclusivity of Rule-Making: The Supreme Court's power to promulgate judicial rules is exclusive and no longer shared with Congress or the Executive. Previously, Congress had subsidiary/corrective power, but the 1987 Constitution removed the power of Congress to repeal, alter, or supplement rules concerning pleading, practice, and procedure.
• Components of the Rules of Court:
  1. Rules of Civil Procedure (Rules $1-71$).
  2. Special Proceedings (Rules $72-109$).
  3. Rules of Criminal Procedure (Rules $110-127$).
  4. Rules on Evidence (Rules $128-134$).
  5. Legal Ethics (Rules $135-144$).

RULE 128: GENERAL PROVISIONS

• Definition of Evidence (Section 1): Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. It is the mode of proving competent facts and circumstances on which a party relies to establish a fact in dispute.
• Factum Probandum vs. Factum Probans:
  • Factum Probandum: Refers to the "ultimate facts" or the principal, determinative, constitutive facts upon which a cause of action rests. It is the proposition sought to be established.
  • Factum Probans: Refers to "evidentiary facts" or the material evidencing the proposition. These are facts necessary to prove the factum probandum. Pleading rules require the allegation of ultimate facts (factum probandum) but not evidentiary facts (factum probans).
  • Illustration: In a case for theft, the factum probandum is that Mario took the ring unlawfully. The factum probans is witness testimony or surveillance footage showing Mario alone in the store.
• Liberal Interpretation (Section 6, Rule 122): Rules are liberally construed to promote just, speedy, and inexpensive disposition. However, this is only to promote substantial justice and not to delay or undermine legal processes.

CLASSIFICATIONS OF EVIDENCE

• By Form:
  1. Object (Real) Evidence: Addressed to the senses of the court; exhibited, examined, or viewed.
  2. Documentary Evidence: Writings, recordings, photographs, or materials containing letters, sounds, or symbols offered as proof of contents.
  3. Testimonial Evidence: Submitted through the testimony or deposition of a witness.
• Other Classifications:
  • Relevant Evidence: Has a tendency in reason to establish the probability or improbability of a fact in issue.
  • Material Evidence: Directed to prove a fact in issue as determined by substantive law and pleadings.
  • Direct Evidence: Proves the fact in dispute without aid of inference or presumption.
  • Circumstantial Evidence: Indirectly proves a fact through inference. To convict in criminal cases, it requires: (a) more than one circumstance; (b) facts from which inferences are derived are proven; and (c) the combination produces conviction beyond reasonable doubt.
  • Cumulative Evidence: Evidence of the same kind to the same state of facts.
  • Corroborative Evidence: Additional evidence of a different character to the same point.
  • Prima Facie Evidence: Sufficient on its face to establish a fact unless rebutted.
  • Conclusive Evidence: Law does not allow it to be contradicted.
  • Original (Best) Evidence: The original document itself required when the inquiry is the contents of the document.
  • Secondary (Substitutionary) Evidence: Permitted when the original is lost or unavailable.
  • Positive vs. Negative: Positive involves a witness affirming a fact occurred; negative involve a witness stating they did not see or know of a fact.

ADMISSIBILITY OF EVIDENCE (SECTION 3)

• Two Requisites for Admissibility:
  1. Relevancy: The evidence must induce belief in the existence or non-existence of a fact in issue.
  2. Competency: The evidence is not excluded by the Constitution, the law, or the Rules.
• Doctrines of Admissibility:
  1. Conditional Admissibility: Evidence appears immaterial but is received on condition that connecting facts are proved later.
  2. Multiple Admissibility: Evidence is relevant and competent for two or more purposes.
  3. Curative Admissibility: Allows a party to introduce otherwise incompetent evidence because the court admitted similar incompetent evidence from the adverse party (to dispel prejudice).
• The Exclusionary Rule (Fruit of the Poisonous Tree): Evidence derived from illegal searches, seizures, or interrogations is inadmissible. The rule aims to deter law enforcement from "fishing expeditions" and protect constitutional rights.
  • Constitutional Basis: Section $3(2)$, Article III. Applies only to restraints against the State (not private individuals acting without state involvement).
  • Statutory Basis: Examples include R.A. 9165 (Chain of Custody for Drugs), R.A. 4200 (Wiretapping Act), and R.A. 9745 (Anti-Torture Act).

EXCLUDING EVIDENCE AND COLLATERAL MATTERS

• Modes of Exclusion:
  1. Objection: Oral evidence is objected to at the time of offer or as soon as grounds appear. Documentary/Object evidence is objected to upon formal offer.
  2. Motion to Strike: Proper if the witness answers prematurely, the answer is unresponsive, or the ground for objection was not previously apparent.
• Collateral Matters (Section 4): General rule: Evidence on collateral matters is NOT allowed. Exception: When it tends in a reasonable degree to establish the probability or improbability of the fact in issue.

RULE 129: WHAT NEED NOT BE PROVED

• Judicial Notice: Cognizance of facts without proof.
  • Mandatory (Section 1): Existence of states, political history, law of nations, official acts of departments, laws of nature, measure of time ($365$ days per year, $30$ days per month), and geographical divisions.
  • Discretionary (Section 2): Matters of public knowledge, capable of unquestionable demonstration, or known to judges due to functions.
  • Hearing (Section 3): During trial, the court can hear parties on taking judicial notice. It is mandatory to hear parties if the matter is decisive of a material issue.
• Judicial Admissions (Section 4): Admissions made in the course of proceedings in the same case. They do not require proof and are conclusive. They may only be contradicted by showing "palpable mistake" or that they were not actually made.

RULE 130: OBJECT AND DOCUMENTARY EVIDENCE

• Object Evidence (Section 1): Real/physical evidence. Categories include unique objects (identifiable marks), objects made unique (marked), and non-unique objects (requires chain of custody).
• Documentary Evidence (Section 2): Writings, photos, recordings, etc. Electronically stored info is included under R.A. 8792.
• Original Document Rule (Section 3): No evidence other than the original is admissible for proof of contents. Exceptions: Original is lost/destroyed (without bad faith), in custody of the adverse party, voluminous records (summaries permitted), or public records.
• Parol Evidence Rule (Section 10): When an agreement is in writing, it is considered to contain all terms. No evidence of other terms is allowed EXCEPT to prove intrinsic ambiguity, failure to express intent, invalidity, or subsequent terms.

RULE 131: BURDEN OF PROOF AND PRESUMPTIONS

• Burden of Proof: Duty to establish a claim by the required amount of evidence; never shifts from the party asserting the status quo.
• Burden of Evidence: Duty to establish or rebut a prima facie case; shifts between parties during trial.
• Conclusive Presumptions (Section 2): Estoppel in Pais (inducing belief in a fact) and Estoppel Against Tenant (cannot deny landlord's title at commencement of lease).
• Disputable Presumptions (Section 3): Rebuttably presumed true if uncontradicted. Examples: Presumption of innocence, official duty regularly performed, mailing ($letter duly directed and mailed was received$).
• Presumption of Death: Generally $7$ years (Ordinary absence), but $10$ years for opening succession. Four years for disappearance in danger (sea voyage, war, etc.).

RULE 133: WEIGHT AND SUFFICIENCY OF EVIDENCE

• Preponderance of Evidence (Civil): Superior weight of evidence; the more convincing side.
• Proof Beyond Reasonable Doubt (Criminal): Does not mean absolute certainty; requires moral certainty.
• Substantial Evidence (Administrative/Quasi-Judicial): That amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.
• Circumstantial Evidence: Sufficient for conviction if there is more than one circumstance, facts for inferences are proven, and the combination proves guilt beyond reasonable doubt.
• DNA Evidence Evaluation: Value of Probability of Paternity < $99.9\%$ is corroborative; $99.9\%$ or higher creates a disputable presumption of paternity.