FEW NOTES ON EVIDENCE

 Relevant Evidence Relevant evidence is any class of evidence which has 'rational probative value' to the issue in
controversy.
o Logic and human experience teach us that OCULAR INSPECTION (NOT the Certificate of Registration,
development permit, license to sell, building permit, and Condominium Certificate of Title) is the best
evidence to prove the existence or non-existence of condominium units. (OCA v. Judge Lerma, A.M. No. RTJ-
07- 2076, October 18, 2010)

 Competent Evidence Competent evidence is evidence that is not excluded by the Constitution, the law or the rules.
o Marriage may be proven by any competent and relevant evidence. Testimony of one of the parties to the
marriage, or one of the witnesses to the marriage, or the solemnizing officer, is admissible to prove the fact
of marriage. xxx the best documentary evidence of a marriage is the marriage contract itself. (Uy v. Spouses
Lacsamana, G. R. No. 206220, August 19, 2015)

 “A party may make judicial admissions in (a) the pleadings, (b) during the trial, either by verbal or written
manifestations or stipulations, or (c) in other stages of the judicial proceeding. It is well-settled that judicial
admissions cannot be contradicted by the admitter who is the party himself and binds the person who makes the
same, and absent any showing that this was made thru palpable mistake, as in this case, no amount of rationalization
can offset it.
 Also, in Republic of the Philippines v. De Guzman, citing Alfelor v. Halasan, this Court held that ‘a party who judicially
admits a fact cannot later challenge that fact as judicial admissions are a waiver of proof; production of evidence is
dispensed with. A judicial admission also removes an admitted fact from the field of controversy.’” (Tan v. People,
G.R. No. 218902, October 17, 2016)

 Objects as evidence are those addressed to the senses of the court. When as object is relevant to the fact in issue, it
may be exhibited to, examined or viewed by the court.(1)
o Physical evidence ranks higher in hierarchy of trustworthy evidence. When physical evidence runs counter
to witness' testimony, the primacy of the physical evidence must be upheld. In criminal cases xxx in which
the accused stand to lose their liberty if found guilty, the Court has [to] rely principally upon physical
evidence in ascertaining the truth. (PO1 Ocampo v. People, G.R. No. 194129, June 15, 2015)

o A person's appearance, as evidence of age (for example, of infancy, or of being under the age of consent to
intercourse), is admissible as object evidence, the same being addressed to the senses of the court. (People
v. Rullepa, G.R. No. 131516, March 2003)

Taken from the Federal Rules of Evidence (FRE) and Rule 1001 of the Uniform Rules of Evidence (URE)
• The purpose of expanding the definition is to embrace in the broadest possible terms every memorial that preserves written
and spoken language, including recorded sounds
• The inclusion of “photographs include still pictures, stored images, x-ray films, videotapes, and motion pictures” should be
construed as merely exemplary, and NOT exclusive (Mueller & Kirkpatrick, Modern Evidence, Section 10.2 [1995])

• Photographs as documentary evidence

• In Sison v. People, G.R. Nos. 108280-83, 16 November 1995; College Assurance Plan v. Belfrant Development, G.R. No.
155604, 22 November 2007; People v. Zeta, G.R. No. 178541, 27 May 2008, the Supreme Court allowed the use of photographs
as documentary evidence because they are relevant to the issue and are verified. The verification need not be made by the
photographer himself; it can be made by any other competent witness who can testify as to its exactness and accuracy.
• Use of the word “videos” instead of “videotapes” – “Videos” is the more modern term

• Use of the word “drawings” – In Seiler v. Lucasfilm, Ltd. (808 F.2d 1316 [9th Cir. 1987]), the US Court of Appeals for the Ninth
Circuit held that “drawings” were “writings” within the meaning of the best evidence rule, specifically, Rule 1001, FRE.
(SOURCE: Explanatory Notes, 2019 Proposed Amendments to the Revised Rules on Evidence)