Assignment

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

Judicial notice, when discretionary. – A court may take judicial notice of matters which are of
public knowledge, or are capable of unquestionable demonstration, or ought to be known to
judges because of their judicial functions. RULE 129

2. Best Evidence Rule – When the subject of inquiry is the contents of a document, no evidence
shall be admissible other than the original document itself

Exceptions: When the original

has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;

is in the custody or under the control of the party against whom the evidence is offered, and the latter
fails to produce it after reasonable notice;

consists of numerous accounts or other documents which cannot be examined in court without great
loss of time and the fact sought to be established from them is only the general result of the whole; and

the original is a public record in the custody of a public officer or is recorded in a public office  

3. Requisites for admission of secondary evidence, according to grounds

the original has been lost or destroyed, or cannot be produced in court

prove execution or existence

prove cause of unavailability without bad faith of the offer or

proof of contents in the following order

1)      copy

2)      recital of its contents in

a)                  some authentic document, or

b)                  testimony of witnesses

the original is in the custody or under the control of the adverse party

adverse party had reasonable notice to produce the original (Subpoena duces tecum)

proof of the original’s existence

adverse party fails to produce the original

proof of contents in the following order

1)      copy

2)      recital of its contents in

a)                  some authentic document, or

b)                  testimony of witnesses

the original consists of numerous accounts or other documents which cannot be examined in court
without great loss of time and the fact sought to be established from them is only the general result of
the whole; and

the original is a public record in the custody of a public officer or is recorded in a public office – contents
may be proved by a certified copy issued by the public officer in custody thereof

Rule 132 §25: What attestation of copy must state

1)      the copy is a correct copy of the original, or a specific part thereof

2)      under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having
a seal, under the seal of such court 

4. Parol Evidence Rule: When the terms of an, agreement have been reduced to writing, it is considered
as containing all the terms agreed upon and there can be, between the parties and their successors in
interest, no evidence of such terms other than the contents of the written agreement. 

Exceptions: a party may present evidence to modify, explain or add to the terms of the written
agreement if he puts in issue in his pleading

An intrinsic ambiguity, mistake or imperfection in the written agreement

failure of the written agreement to express the true intent and agreement of the parties

validity of the written agreement; or

The existence of other terms agreed to by the parties or their successors in interest after the execution
of the written agreement

If the ground is subsequently-agreed terms, the subsequently-agreed terms must also be put in issue in
the pleadings.

The rule applies only to the terms of an agreement. If the evidence sought to be admitted refers to
matters other than the terms of the agreement (e.g. statement of facts), then the PER does not apply,
such evidence is admissible.

Parol Evidence Rule Best Evidence Rule

No issue as to the contents of a writing Issue is contents of a writing

Parol evidence is offered Secondary evidence is offered

Presupposes that original is in court Applies when the original is not available

Effect is can not add, subtract, or explain the Effect is can not present any evidence on the
contents contents other than the original

Invoked only if the controversy is between Invoked by anybody, whether a party to the
parties to the agreement instrument or not

Applies only to agreements and wills Applies to all kinds of writing

The following persons cannot be witnesses:

(a)  Those whose mental condition, at the time of their production for examination, is such that they are
incapable of intelligently making known their perception to others;

(b)  Children whose mental maturity is such as to render them incapable of perceiving the facts
respecting which they are examined and of relating them truthfully. 

For a mentally defective person to be a witness, he must be mentally capable at the time of production,
even if he was not so at the time of perception. A child must be mentally mature both at the time of
perception and at the time of production. With regards to the subject matter of the testimony, we must
make a distinction between absolute disqualifications and relative disqualifications. Objections based on
absolute disqualifications may be raised upon the calling of the disqualified witness. Objections based
on relative disqualifications may be raised when it becomes apparent that the subject matter of the
testimony covers inadmissible matters.

The "Dead Man's Statute" provides that if one party to the alleged transaction is precluded
from testifying by death, insanity, or other mental disabilities, the surviving party is not
entitled to the undue advantage of giving his own uncontradicted and unexplained account
of the transaction.9 But before this rule can be successfully invoked to bar the introduction
of testimonial evidence, it is necessary that:
1. The witness is a party or assignor of a party to case or persons in whose behalf a
case in prosecuted.

2. The action is against an executor or administrator or other representative of a

deceased person or a person of unsound mind;

3. The subject-matter of the action is a claim or demand against the estate of such
deceased person or against person of unsound mind;

4. His testimony refers to any matter of fact of which occurred before the death of such
deceased person or before such person became of unsound mind."

In civil cases, an offer of compromise is inadmissible regardless of the cause of action. In criminal cases,
the general rule is an offer of compromise is admissible. However, it is inadmissible under the following
cases:
quasi-offenses (criminal negligence)

cases allowed by law to be compromised (e.g. BIR can compromise tax cases)

plea of guilty later withdrawn

unaccepted offer to plead guilty to a lesser offense

offer to pay or payment of expenses occasioned by an injury

[the offer is made only to avoid the consequences of litigation]

Testimonial Knowledge (Hearsay Rule – Sec. 36)

A witness can testify only to those facts which he knows of his personal knowledge; that is, which are
derived from his own perception, except as otherwise provided in these rules. 

GR: Character evidence not generally admissible (Sec. 51)

Exceptions

In Criminal Cases:

accused may prove his good moral character which is pertinent to the moral trait involved in the offense
charged.

In rebuttal, the prosecution may prove the bad moral character of the accused which is pertinent it to
the moral trait involved in the offense charged. 

moral character of the offended party may be proved if it tends to establish in any reasonable degree
the probability or improbability of the offense charged.

In Civil Cases – only when pertinent to the issue of character involved in the case.

good character of an impeached witness 

BURDEN OF PROOF (RULE 131) 

Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law 

THE RULE ON THE WRIT OF AMPARO

SUPREME COURT OF THE PHILIPPINES

SECTION 1. Petition. – The petition for a writ of amparo is a remedy available to any person whose right
to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and
enforced disappearances or threats thereof.