RULES OF EVIDENCE

RULE 128

General Provisions

Section 1. Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining
in a judicial proceeding the truth respecting a matter of fact.

Question: What is the means sanctioned by the rules in ascertaining in a judicial proceeding
the truth respecting a matter of fact?

Answer: Evidence

Section 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.

Question: Is it mandatory that the rules of evidence be the same in all courts and in all trials
and hearings?

Answer: Yes, however, Section 2 of Rule 128 of the Rules of Court provides that, laws may
also provide for rules other than stated in the Rules of Court.

Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is
not excluded by the Constitution, the law or of these rules.

Question: When is evidence considered admissible?

Answer: As provided under Section 3 of Rule 128 of the Rules of Court, evidence is
admissible when it is relevant to the issue and when it is not excluded by the Constitution, the law or
these rules.

Section 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.

Question: a. Is it important that evidence must have a relation to the fact in issue?

b. Is evidence on collateral matters allowed?

 Answer: a. Yes, as provided under Section 4 of Rule 128 of the Rules of Court, evidence
must have a relation to the fact in issue as to induce belief in its existence or non-existence.

b. Generally, evidence on collateral matters is not allowed, however, when such

evidence tends to establish the probability or improbability of the fact in issue it may be admitted by
the Court.

RULE 129

What Need Not Be Proved

Section 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 Philippines, the official acts of
legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of
time, and the geographical divisions.

Question: When is Judicial notice mandatory?

Answer: As provided under Section 1 of Rule 129 of the Rules of Court, judicial notice is
mandatory in the following subject:

a. Existence and territorial extent of states;

b. Their political history, forms of government, and symbols of nationality;
c. Law of nations;
d. Admiralty and maritime courts of the world and their seals;
e. Political constitution and history of the Philippines;
f. Official acts of the legislative, executive and judicial departments of the National
Government of the Philippines;
g. Laws of nature;
h. The measure of time; and
i. Geographical divisions.

Section 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.

Question: When is judicial notice discretionary on the part of the court?

Answer: As provided under Section 2 of Rule 129 of the Rules of Court, the following are
the matters that judicial notice can be discretionary:

a. Matters of public knowledge;

b. Matters capable of unquestionable demonstration; and
c. Matters ought to be known to judges because of their judicial functions.
Section 3. Judicial notice, when hearing necessary. — During the pre-trial and trial, the court, motu
propio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.

Before judgment or on appeal, the court, motu propio or upon motion, may take judicial
notice of any matter and shall hear the parties thereon if such matter is decisive of a material issue
in the case.

Question: What are the instances when hearing is necessary for the court to take judicial
notice?

Answer: As provided in Section 3 of this Rule, during pre-trial and trial, the court motu
proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.

Also, after trial and before judgment or on appeal, the court motu proprio or upon motion,
may take judicial notice of any matter and shall hear the parties thereon if such matter is decisive of
a material issue in the case.

Section 4. Judicial admissions. — An admission, oral 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 the imputed admission was not, in
fact, made.

Question: How can admission be made, and how can it be contradicted?

Answer: As provided in Section 4 of this Rule, admission can be oral or written made by the
party in the course of the proceedings in the same case. Such admission can only be contradicted
by showing that it was made through palpable mistake or that such was in fact, not made.