RULES OF EVIDENCE

Based on the Book of Regalado

[RULE 128]
GENERAL PROVISIONS
Sec 1. Evidence defined.
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (1)
Sec. 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 rules. (2a)
Notes:
Evidence, defined: Bustos v. Lucero: Evidence is the mode and manner of proving competent facts in
judicial proceedings.
Proof is the result or effect of evidence.
- This is the result when the requisite quantum of evidence of a particular fact has been duly admitted and
given weight.
Factum Probandum
- Ultimate fact or the fact sought to be established
- Refers to the proposition
Factum Probans
- The evidentiary fact or the fact by which the factum probandum is to be established.
- Refers to the materials which established the proposition
Rules of Evidence as Procedural Law
- Amendments in such rules may validly be made applicable to cases pending at the time of such change.
Parties have no vested right in the rules of evidence.
- HOWEVER, in criminal cases, if the amendment would permit the reception of a lesser quantum of
evidence to convict, retroactive application would be unconstitutional for being ex post facto.
Other Laws Governing Evidence
- GR: Rules of evidence is governed by the Rules of Court (RoC)
- EXC: Application of other laws
Examples:
- RA 4200 (Anti Wiretapping),
- Code of Commerce (weight of entries in merchant books)
- Electronic Commerce Act
- NCC, RPC
- Constitution: Bill of Rights - Art III
o Sec 2: The right of people against unreasonable searches and seizures
o Sec 3: The privacy of communication and correspondence shall be inviolable (EXC. By order of court
or when provided by law for safety and public order)
o Evidence obtained in violation of such provisions shall be INADMISSIBLE
Applicability of the Rules of Evidence:
- GR: Applicable ONLY in judicial proceedings
- EXC: In quasi-judicial proceedings
o The same apply by analogy, or in a suppletory character and whenever practicable and convenient.
(Rule 1 Section 4)
o It shall apply also when the governing law of such proceeding specifically adopts such rules
o Note: NOT applicable in agrarian cases
Classification of Evidence According to Form
1. Object (Real) Evidence: directly addressed to the senses of the court and consist of tangible things
exhibited or demonstrated in open court, in an ocular inspection, or at place designated by the court for its
view or observation of an exhibition, experiment or demonstration.
- This is referred to as “autoptic proference” since it proffers or presents in open court the evidentiary
articles for observation or inspection
2. Documentary Evidence: Evidence supplied by written instruments or derived from conventional
symbols, such as letters, by which ideas are represented on material substances
- Rule 130 Sec 2: writings or any material containing letters, words, numbers, figures, symbols or other
modes of written expression offered as proof of their contents.
3. Testimonial Evidence: That which is submitted to the court through the
testimony or deposition of a witness.
Other Classification of Evidence:
1. Relevant, Material, and Competent Evidence
- Relevant: evidence having any value in reason as tending to prove any matter provable in an action.
o TEST: The logical relation of the evidentiary fact to the fact in issue, whether the former tends to
establish the probability or improbability of the latter.
- Material: evidence directed to prove a fact in issue as determined by
the rules of substantive law and pleadings.
o TEST: w/n the fact it intends to prove is an issue or not.
o W/N a fact is in issue: Determined by substantive law, pleadings, pre-trial order and by admissions or
confessions on file.
o Evidence may be relevant BUT may be immaterial.
- Competent: one that is not excluded by the Rules, statutes or the Constitution.
2. Direct and Circumstantial Evidence
- Direct: that which proves the fact in dispute w/o the aid of any inference or presumption
- Circumstantial: proof of a fact or facts from which, taken either singly or collectively, the existence of
a particular fact in dispute may be inferred as a necessary or probable consequence.
3. Cumulative and Corroborative Evidence
- Cumulative: evidence of the same kind and to the same state of facts.
- Corroborative: additional evidence of a different character to the same point.
4. Prima Facie and Conclusive Evidence
- Prima Facie: that which, standing alone, unexplained or uncontradicted, is sufficient to maintain the
proposition affirmed.
- Conclusive: the class of evidence which the law does not allow to be contradicted.
5. Primary and Secondary Evidence
- Primary: that which the law regards as affording the greatest certainty of the fact in question. Also
known as “best evidence”.
- Secondary: that which is inferior to the primary evidence and is permitted by law only when the best
evidence is not available. Also known as “substitutionary evidence”.
6. Positive and Negative Evidence
- Positive: when the witness affirms that a fact did or did not occur.
o Entitled to a greater weight since the witness represents of his personal knowledge the presence or
absence of a fact.
- Negative Evidence: when the witness did not see or know of the occurrence of a fact.
o Lesser weight since there is a total disclaimer of personal knowledge, hence without any representation
that the fact could or could not have existed or happened.
o It is admissible only if it tends to contradict positive evidence of the other side or would tend to
exclude the existence of fact sworn to by the other side.
Sec. 3. Admissibility of evidence.
Evidence is admissible when:
- it is relevant to the issue AND
- is not excluded by the law or these rules. (3a)
Sec. 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. (4a)
Notes:
Evidence is ADMISSIBLE when: 2 Requisites (see codal)
- When it is Relevant
o it must have a relation to the fact in issue as to induce belief
of its existence or non-existence
o Determined by the rules of logic and human experience.
- When it is Competent
o When not excluded by the law or by the RoC
o Determined by the prevailing exclusionary rules on evidence
Note: The weight however of admissible evidence depends on judicial evaluation within the Rule 133
and rules of the SC.
o While evidence is admissible, it may be entitled to little or
no weight at all.
o Conversely, evidence of great weight may also be
inadmissible.
Requisites of Admissibility of Evidence According to Professor Wigmore
1. That none but facts having rational probative value are admissible &
2. That all facts having rational probative value are not forbidden by
specific rules
Note: Here, Relevant Evidence means any class of evidence which has
“rational probative value” to establish the issue in controversy
When is admissibility determined? – At the time it is OFFERED to the
court
- Real Evidence: offered
o when the same is presented for its view or evaluation
o when the party rests his case and the real evidence consists of objects exhibited in court
- Testimonial Evidence: offered by the calling of the witness to the stand
- Documentary Evidence: offered by the proponent immediately
before he rests his case
When should admissibility be objected?
- At the time evidence is offered to the court OR
- As soon thereafter as the objection to its admissibility shall have become apparent
o Objection to the qualification of the witness: made at the time such person is called to the stand
o Objection to the testimony: made at the time the question is asked or after the answer is given when
the objectionable features become apparent by reason of the answer
Note: if not done within such time – right to object is deemed WAIVED
Doctrines and Rules of Admissibility Sanctioned by the Supreme Court
1. Conditional Admissibility
- When the evidence at the time it is offered appears to be immaterial or irrelevant, such evidence may be
received on condition that the other facts will be proved thereafter
- IF not proved subsequently: evidence given will be stricken out.
- REQUISITE: There should be no bad faith on the part of the proponent. (necessary to avoid unfair
surprises)
2. Multiple Admissibility
- When the evidence is relevant AND competent for two or more purposes, such evidence should be
admitted for any or all the purposes for which it is offered
- PROVIDED it must satisfy all the requirements for its admissibility.
3. Curative Admissibility
- The right of the party to introduce incompetent evidence in his behalf where the court has admitted the
same kind of evidence adduced by the adverse party.
- 3 Theories of Curative Admissibility cited by Wigmore
o American rule – the admission of incompetent evidence w/out objection by the opponent, does not
justify rebutting it by similar incompetent evidence.
o English rule – if inadmissible evidence is admitted, the adverse party may resort to similar
inadmissible evidence
o Massachusetts rule –similar incompetent evidence may be admitted in order to avoid a plain and
unfair prejudice caused by the admission of the other party’s evidence
- What should be determined to apply the curative admissibility
rule?
1. w/n the incompetent evidence was seasonably objected to
 Lack of objection: waiver of the right to object admissibility BUT does NOT deprive him to introduce
similar rebutting evidence
2. w/n the admission of such evidence will cause a plain and unfair prejudice to the party against whom it
was admitted
 When the admissible evidence has been improperly excluded, the other party should not be permitted to
introduce similar evidence
Stonehill, et al. v. Diokno: Documentary evidence illegally obtained, is inadmissible on a timely motion
or action to suppress. (Applies to illegally obtained confessions)
Collateral Matters, defined: Matters other than the facts in issue and which are offered as a basis for
inference as to the existence or non-existence of the facts in issue
- GR: Collateral matters are INADMISSIBLE or not allowed.
- EXC: when it tends in any reasonable degree to establish the probability or improbability of the fact in
issue (“Circumstantial Evidence” or evidence of relevant collateral facts)
Note: What is prohibited – IRRELEVANT collateral facts
4 Main Divisions of the Rules of Evidence: (1) Admissibility of Evidence Rule 130; (2) Burden of proof
and what need not be proved Rule 131 & 129; (3) Presentation of Evidence Rule 132; (4) Weight and
Sufficiency of Evidence Rule 133; Note: Rule 134 has been transposed to Part I as Rule 24.

[RULE 129]
WHAT NEED NOT BE PROVED
Sec 1. Judicial notice, when mandatory.
A court shall take judicial notice, without the introduction of evidence:
- of the existence and territorial extent of states, their political history, forms of government and symbols
of nationality,
- the law of nations,
- the admiralty and maritime courts of the world and their seals,
- the political constitution and history of the RP,
- the official acts of legislative,
- executive and judicial departments of the RP,
- the laws of nature,
- the measure of time, and
- the geographical divisions. (1a)
Sec. 2. Judicial notice, when discretionary.
A court MAY take judicial notice of matters which:
- are of public knowledge, or
- are capable to unquestionable demonstration, or
- ought to be known to judges because of their judicial functions.
(1a)
Sec. 3. Judicial notice, when hearing necessary.
During the trial, the court:
- on its own initiative, OR on request of a party,
may:
- announce its intention to take judicial notice of any matter and
- allow the parties to be heard thereon.
AFTER the trial and BEFORE judgment OR ON appeal, the proper court:
- on its own initiative OR on request of a party,
may:
- take judicial notice of any matter and
- allow the parties to be heard thereon IF such matter is decisive of a material issue in the case.
Notes:
Judicial Notice (JN), Defined: cognizance of certain facts which judges may properly take and act on
without proof.
- JN is based on convenience and expediency.
- JN relieves the parties from the necessity of introducing evidence to prove the fact noticed. The fact is
proven by JN.
- The stipulation and admission of the parties or counsel cannot prevail over the operation of the doctrine
of judicial notice, and such are all subject to the operation of the doctrine.
Two kinds of JN:
- Mandatory
- Discretionary
How JN May be Taken by the Court:
1. On its own initiative or motion
2. When it is requested or invited by the parties
Note: In Either Case, the court may allow the parties to be heard on the matter in question
- The purpose of the hearing: NOT for the presentation of evidence
o but to afford the parties reasonable opportunity to present information relevant to the propriety of
taking such JN or to the tenor of the matter to be noticed
o Also to notify them of the court’s intention to take JN (no notice = improper JN)
What stage may the court take judicial notice of a fact?
- During trial;
- After trial and before judgment;
- On Appeal
Republic v. CA: JN must be exercised with caution and every reasonable doubt on the subject must be
resolved in the negative.
Judicial Notice of Laws
- GR: courts of justice are required to take JN of the laws
- EXC: In case of ORDINANCES, the rule is different
o MTCs: Required to take JN of the ordinances of the municipality or city wherein they sit.
o RTC however, they must take such JN ONLY when:
 Required to do so by statute (ex. city charter); and
 In a case on appeal before them and wherein the inferior court took JN of an ordinance involved in said
case. (only to determine the propriety of taking JN)
- Appellate courts may also take JN of municipal and city ordinances not only where the lower courts
took JN BEC these are facts capable of unquestionable demonstration.
- For the same reason, Courts may take judicial notice of administrative regulations
Rule on JN of Decisions of Courts
- ALL courts are required to take judicial notice of the decisions of the Supreme Court
- Lower courts are to take JN of decisions of higher courts (ex. CA)
BUT NOT of the decisions of coordinate trial courts NOR even of a decision or the facts involved in
another case tried by the same court
o EXCEPT when:
 Parties introduce the same in evidence
 The court as a matter of convenience, decides to do so
Judicial Notice vs. Personal Knowledge of a Judge
- The 2 should not be confused
- It is not essential that matters of JN be actually known to the judge. The judge may at his discretion,
inform himself in any way which may seem best to him, and act accordingly.
Foreign Laws may NOT be Taken Judicial Notice
- Existence of foreign laws is one of FACT and NOT of LAW
- It MUST BE PROVED like any other fact:
o EXCEPT: when the laws are within the actual knowledge of the court either because:
 They are generally known OR
 They have been actually ruled upon in other cases
before it and none of the parties object
How WRITTEN Foreign Law May be Proved
- Requirements in Sec 24 and 25 of rule 132 must be complied w/:
o BY an official publication
o BY a duly attested and authenticated copy thereof
- Absent the above evidence: The Doctrine of Processual
Presumption shall apply
o The foreign law is presumed to be the same as that in the RP
- Note: Exceptions to the required proof in Sec 24 and 25:
o Testimony of a witness who was an active member of the California Bar and who is familiar with the
laws with a full quotation of the cited law was accepted as sufficient proof.
o An affidavit of an US attorney which does not state the specific law but merely contained his
interpretation of the facts of the case is NOT sufficient proof.
How UNWRITTEN Foreign Law May be Proved
- Rule 130, Sec 46: A published treatise, periodical or pamphlet on a subject of such law or a testimony of
a written expert
Sec. 4. Judicial admissions.
An admission verbal 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 no such admission was made. (2a)
Notes:
Judicial Admissions May be Made IN:
1. The pleadings filed by the parties
2. In the course of the trial either by verbal or written manifestations or stipulations
3. In other stages of the judicial proceeding, as in pre-trial of the case
Note: Depositions, written interrogatories, or requests for admission are also considered judicial
admissions
To be considered a judicial admission:
- EXC: It may be made in another case or another court PROVIDED:
o It be proved as in the case of any other fact
 IF the judicial admission was made in a judicial proceeding, it is entitled to greater weight.
o It is pertinent to the issue involved
o There must be no objection
- EXC to EXC:
1. The said admissions were made only for purposes of the first case as in the rule on implied admissions
and their effects under Rule 26
2. The same were withdrawn with the permission of the court therein
3. The court deems it proper to relieve the party therefrom.
Judicial Admissions v. Extrajudicial Admissions:
- Judicial: Those so made in the pleadings filed or in the progress of a trial.
- Extrajudicial: Those made out of court, or in a judicial proceeding other than the one under
consideration
Rules on Extrajudicial Admissions:
- Extrajudicial admissions or other admissions are, as a rule and where elements of estoppel are not
present, disputable.
- Admissions in a pleading withdrawn are considered extrajudicial admissions – must be proved by a
formal offer in evidence of the original pleading
- Admissions in a pleading superseded by an amended pleading although filed in the same case are:
o judicial admissions (Note: Based on Regalado on his interpretation of Sec 4 as amended, p. 792)
o still extrajudicial (If based on Torres v. CA, et al. G.R. No. L-37420-21, July 31, 1984) – also Judge
B.
Note: When the parties agree on what the foreign law provides, these are admission of facts that the court
may rely upon, and hence, they are in estoppel to take a contrary position.
Rules on Contradicting Judicial Admissions
- GR: Judicial Admissions cannot be contradicted by the admitter who is the party himself
- EXC: May be contradicted when:
o Such is made through palpable mistake or
o No such admission was made or
o In the case of a pre-trial admission in a civil case, to prevent manifest injustice (Sec 7, Rule 18) –
Note: applies to criminal cases if the pre-trial admission is reduced into writing and signed by the accused
and his counsel.