PROFESSOR: ATTY MAMYRLITO, DERESAS, TAN

WHAT IS EVIDENCE?

According to rules of court rule 128 evidence is defined as the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth respecting a matter of fact.
Section 3 state that it is admissible when relevant to the issue and not excluded by law of these rule.
Section 4 states that it must have a relation to the fact in issue to induce belief to its existence and non-
existence.
In short it must have relevance to the issue and relation to the fact.

Rules 129 Rules of Court

What is Judicial Notice? It means recognition or notice of the truth of facts taken by a judge which don’t
require proof by any evidence because the matters noticed are of common notoriety.

4 types of judicial notice:

When mandatory – A court shall take judicial notice, without the introduction of evidence

When discretionary – court may take judicial notice of matters which are of public knowledge, or are capable
to unquestionable demonstration.

When hearing necessary – the court, on its own initiative, or on request of a party, may announce its intention
to take judicial notice of any matter and allow the parties to be heard thereon.

Judicial admissions – An admission, verbal or written, made by the party in the course of the proceedings in
the same case, does not require proof.

Rule 130 Rules of Admissibility

Section 1 rule 130 rules of court define object evidence as those addressed to the senses of the court. When
an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.

Section 2 Documentary evidence – evidence that consist of writing or any material containing letters, words,
numbers, figures, symbols or other modes of written expression offered as proof of their contents.

Best Evidence Rule - is a legal principle that holds an original of a document as superior evidence.

Section 3. Original document must be produced.

except in the following cases:

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

 original 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.
 original consists of numerous accounts or other documents which cannot be examined in
court without great loss of time.
 original is a public record in the custody of a public officer or is recorded in a public office.

What is considered as original document?

Section 4. Original of document.
 a document is in two or more copies executed at or about the same time, with identical
contents.
 original of the document is one the contents of which are the subject of inquiry.
 entry is repeated in the regular course of business, one being copied from another at or near
the time of the transaction, all the entries are likewise equally regarded as originals.
Secondary Evidence

Section 5. When original document is unavailable.

 lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or
existence and the cause of its unavailability without bad faith on his part, may prove its
contents by a copy, or by a recital of its contents in some authentic document, or by the
testimony of witnesses in the order stated.
 When original document is in adverse party's custody or control . If after such notice and after
satisfactory proof of its existence, he fails to produce the document, secondary evidence may
be presented.
 Evidence admissible when original document is a public record . — When the original of
document is in the custody of public officer or is recorded in a public office, its contents may
be proved by a certified copy issued by the public officer in custody thereof.
 Party who calls for document not bound to offer it . — A party who calls for the production of
a document and inspects the same is not obliged to offer it as evidence.

Hearsay Rule. On Evidence. Any evidence, whether oral or documentary is hearsay if its probative value is not
based on the personal knowledge of the witness but on the knowledge of some other person not on the witness
stand.

Exceptions to hearsay rule:

Section 37. Dying declaration. — The declaration of a dying person, made under the consciousness of an
impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the
cause and surrounding circumstances of such death.

As defined under Article 333 of the Revised Penal Code, “Adultery is committed by any married woman who
shall have sexual intercourse with a man not her husband and by the man, who has carnal knowledge of her
knowing her to be married, even is the marriage be subsequently declared void.”

The Elements of Adultery

1. The woman is married;

2. The woman had sexual intercourse with a man not her husband;
3. The man she had sexual intercourse is aware that she is married.

The Crime of Adultery Can Be Filed If:

1. The married woman engages in sexual intercourse with a man not her husband;
2. The man is aware of the marriage of the woman, but still engages in sexual intercourse with her.

Under Article 334 of the Revised Penal Code or RPC, concubinage refers to the cohabitation of a married man
with a mistress in the same or conjugal dwelling or an involvement of a married man with a woman who is not
his wife in any other place. The sexual intercourse of the married man to the concubine took place under
scandalous circumstance. 

 Concubinage is committed by a husband and should be charged together with the other
woman or concubine. 
 Concubinage has lower penalty than adultery and the concubine’s penalty is only destierro,
which refers to banishment or prohibition from residing within the accused party’s actual
residence. 
 The spouse who has been offended is the only person entitled for filing the action for
concubinage or adultery provided, the marital status is present at the time the case was
filed.