Rule 128

Section 3 refers to the admissibility of evidence. There is a change here. The Supreme Court
added the ‘Constitution’. Of course even without adding, that is already given.

condition for admissibility of evidence:

1. When it is relevant (Relevance)
2. When it is not excluded by the Constitution or the rules (Competence)

Rule 129 What need not be proved

Because there have been questions regarding the LGUs. – so the amendment specified
“National Government”

The court, without any motion, has to take mandatory judicial notice as a matter of course.

But under section 3, it still has to take judicial notice but here, a hearing is required. The
insertions here or the revisions here refer to the time when you ask the court to take judicial
notice as a matter of fact but a requirement now is you must set a hearing for it with both
parties be given the opportunity. The earliest possible time when you may raise this issue is
during the pre-trial and that is part of the revision here and the court just clarified that you may
do this motu proprio or upon motion. But the important requirement whether it is motu
proprio done by the court or upon motion, there must be a hearing where both parties are
heard on the matter. You will also note that this is available even on appeal.

An example of when judicial notice by motion or motu proprio should have been subjected to
the required hearing in observance of the due process
- Landbank v. Honeycomb farm

Section 4 – Judicial Admissions

This is another item that dispenses with proof. Why is it under judicial notice? Because as we
said it does away with proof. That if there is admission, it becomes conclusive on the party
admitting it unless it has been proven that it has been made through palpable mistake or the
admission was in fact not made.

Only change here that ‘verbal’ to ‘oral’

When may a party’s judicial admissions be taken notice of by the court?

If they are made in the following instances:

1. In the pleadings
 2. During the trial, either by verbal or written manifestations or stipulations
3. In other stages of the judicial proceeding

Rule 130

Section 1 – Object Evidence

Physical evidence always top

Section 2 – Documentary Evidence

Documents as evidence consists of:

1. Writings
2. Recordings
3. Photographs
4. Material containing letters, words, sounds or their equivalent
5. Other modes of written expression offered as proof of their contents

Photographs include:
1. Still pictures
2. Drawings
3. Stored images
4. Xray
5. Motion pictures
6. Videos

ORIGINAL DOCUMENT RULE:

A lawyer who present a witness who will testify a contract and for example, “mr.
witness. What is the term of lease in your contract”

(e) collateral matters are inadmissible (23:33)

Section 4.

An “original” of a document is the document itself or nay counterpart intended to have the
same effect by a person executing or issuing it.

An original of a photograph includes the negative or any print therefrom.

If data is stored in a computer device, any printout or other output readable by sight or other
means, shown to reflect the data accurately is an original

=this incorporates the rules in our electronic evidence with regard to electronic evidence. 24:50