EVIDENCE
GENERAL PRINCIPLES
Disclaimer: This is just suppletory to your other study materials since this is
basically just the lecture of Justice Aquino. J
The coverage of this lecture: General principles of Evidence
KINDS OF EVIDENCE REQUIRED FOR PROVING ANY CASE
• Substantial Evidence – Evidence that satisfies the mind for the existence or
non-existence of a fact or issue. It induces a belief that the fact and issue
existed or not.
® This is the belief of truth or falsity
® It is required in administrative and quasi-judicial cases
® It is the lowest kind of evidence
® It is easier to prove as compare to civil cases as the latter require
preponderance of evidence
• Preponderance of Evidence – A standard by which evidence of all sides are
weight. The heavier the evidence, the more it is preponderant. Thus, it wins
the case.
® You can apply only when both parties presented evidence para may ma-
weigh yung Judge
® This is the standard for civil cases; ordinary civil cases and special civil
actions
• Proof beyond reasonable doubt – This is a rule on moral certainty
® This is the standard for criminal cases
® Although, absolute certainty is not needed kasi moral lang. Basta you
can arrive at a conclusion
® The burden of proof = prosec. Why? Accused is presumed innocent
® This is the highest form of evidence because it requires moral certainty,
or “innocence” or “guilt”
® Whenever there is reasonable doubt = acquit! Doubt trumps moral
certainty. Therefore, it is the prosecution that should present evidence
® Prosecution – Accused will evaluate the evidence. If it is insufficient,
demurrer to evidence na kasi no more trial kasi ano pa ba i-try mo? It’s
kulang nga
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© Murallos 2019-2020
Lectures of Justice Aquino
® The main target is to inject a doubt. That is the job of the defense
counsel: to create a possibility that the crime was not done, possibility
and probability. Kasi “pwede naming di nangyari”.
® Because of this, we go back to the rule on presumption of Evidence that
the accused is always presumed innocent.
KINDS OF EVIDENCE THAT DO NOT CONSTITUTE A STANDARD
• Proof of probable cause – This is the standard of evidence required in
preliminary investigations, which justifies the filing in criminal cases.
Remember that preliminary investigation is required. There must be evidence
which causes a “probable cause”.
® It is important to note that there must be a: (1) well-founded belief that a
crime has been committed; and (2) that the respondent is probably
guilty.
® Then, there will be a judicial inquiry – Within 10 days of filing the
information.
§ If the court finds probable cause – The court will issue a warrant
of arrest insofar as the judge is concerned; and
§ If the court does not find probable cause – The court will return it
for re-evaluation or dismissal of the case.
® In the issuance of a search warrant, there is probable cause
• Clear and convincing evidence – This is between preponderance of
evidence and proof beyond reasonable doubt.
® When is it required? It is required in criminal cases when the defense
proves its theory for defense.
§ An example would be insanity.
® It may also be used in civil cases when it is needed to support or justify
a motion for a writ of preliminary prohibitory injunction.
§ What are the two kinds of executions?
• Execution after judgment; and
• Execution pending appeal
® As a general rule, only final orders and decisions can be subject of
execution. However, execution pending appeal is an exception. If and
only if there is a good reason, which is known through a case to case
basis. THUS, NEEDING CLEAR AND CONVINCING EVIDENCE.
 EVIDENCE
GENERAL PRINCIPLES

HEIRARCHY OF EVIDENTIARY RULES MANDATORY JUDICIAL NOTICE

• Proof beyond reasonable doubt – Proof of such a convincing character that Mandatory Judicial Notice is when the Court is required to accept as fact certain
you would be willing to rely and act upon it without hesitation. Required in matters herein enumerated:
Criminal Proceedings.
(1) Existence of the territorial extent of states
• Clear and convincing evidence – Evidence presented by a party during the ® Example. If there’s an issue of fact on the territory of the Philippines, the
trial must be highly and substantially more probable to be true than not, and Supreme Court should take into consideration and assume that the
the trier of fact must have a firm belief or conviction in its factuality. Required West Philippine Sea is part of our territory.
in habeas corpus proceedings.
(2) The political history of the Philippines
• Proof of probable cause ® The judge is presumed and mandatorily required to know the history of
the Philippines.
• Preponderance of evidence – Evidence as a whole adduced by one side is
superior to that of the other. What’s important is the weight or what is more (3) For of government of different States
convincing. Required in civil cases.
(4) Symbols of nations and international law
• Substantial evidence – Such evidence as a reasonable mind may accept as
adequate to support a conclusion. Required in administrative proceedings. (5) Philippine law

JUDICIAL NOTICE (6) All issuances of the 3 branches of the government

® Executive – Executive Orders
There are issues of fact which do not need evidence, and one of them is judicial ® Legislative – Statutes
notice. Judicial notice is a rule that allows the court to take cognizance or evaluate ® Judiciary – Decisions
a matter of fact without the need of evidence.
(7) Measure of time
3 Kinds of Judicial Notices ® 60 mins = 1 hour
• Mandatory Judicial Notice ® 24 hours = 1 day
• Discretionary Judicial Notice ® 10,000 sqm = 1 hectare
• De Parte Judicial Notice ® 1,000 g = 1 kilo

(8) Geographical divisions

® This is needed especially for boundary disputes resolved by the courts

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© Murallos 2019-2020
Lectures of Justice Aquino
 EVIDENCE
GENERAL PRINCIPLES
DISCRETIONARY JUDICIAL NOTICE
Discretionary Judicial Notice happens during the trial. Here, the court may
announce that it is taking judicial note of some facts, and the court will take the
comments of both parties.
What are these facts?
(1) Facts of common knowledge – Usually, of notoriety
® Example. Everyone knows how traffic it is in EDSA
(2) Demonstration – If it can be demoed in court, it becomes unquestionable
® Example. Scientific findings
(3) Court knows as a consequence of his judicial functions
® This is basically the Judge knowing his/her job description
® Sinu-sino employees and staff niya
® Ilan ang employees and staff niya
® Why? Because siyempre sabi nga ni Justice baka mag-fire ka ng di mo
naman employee edi nakakahiya kasi iaangat pa to sa Supreme Court
DE PARTE JUDICIAL NOTICE
In De Parte Judicial Notice, there is a need for notice and hearing, unlike in
Discretionary and Mandatory Judicial Notice. De Parte Judicial Notice can also be
initiated motu proprio, or by a motion of a party.
Example. If a witness is duling and claims that he can see the accused clearly,
pwede mag pa-de parte judicial notice to make sure tama or magkaroon ng expert
evidence.
So, what are the things taken cognizance of? Ordinary experience of man.
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© Murallos 2019-2020
Lectures of Justice Aquino
JUDICIAL NOTICE ON SPECIFIC CASES
Ordinances passed by the Sanggunian of the Municipality where it
MTC
is situated
Ordinances of the different Sanggunians of towns covered by the
RTC
district
Judicial notice of matters taken judicial notice of those in appealed
CA
cases of the court a quo
Note that the Court of Appeals can also take cognizance of judicial notice in the
exercise of its appellate jurisdiction.
General Rule: The Philippine Courts can take judicial notice of all statutes.
However, when a foreign law is involved, the court cannot take judicial notice.
Thus, evidence is needed to be presented.
Example. A Japanese national died while he was living in Manila. After, his uncle
claimed for inheritance, saying that he’s a compulsory heir. Of course, in the
Philippines uncles are not compulsory heirs. However, he is a Japanese national.
So, to prove this, the uncle should present to the court evidence that in Japanese
Law, uncles are compulsory heirs.
Exceptions:
(1) If there is no contrary evidence – When a foreign law is the subject of an
evidence, and there is no objection from either party. Here, the court can
presume that the foreign law is the same as Philippine law.
(2) The foreign law is universally known – When the foreign law is so well-
known, and no contrary evidence is adduced. Here, the court can take judicial
notice of the foreign law without evidence needed.
® This rule applies also to foreign customs
 EVIDENCE
GENERAL PRINCIPLES

RECORDS OF COURTS

A court can take judicial notice of the record of the case which is being tried by him
in that case.
® What transpired during the pre-trial
® Decision of the lower court

However, of course, there are records which are not allowed to be taken.
® Records of other cases pending

Example. X was declared liable for estafa, and now X has a civil case for non-
payment. The prosec, then, would like to take the estafa records. This cannot be.
The prosec can only get the records of his current case, the non-payment case.

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© Murallos 2019-2020
Lectures of Justice Aquino