MAY 28, 2022

WHAT IS EVIDENCE?
The means of ascertaining in a judicial proceeding the truth respecting a matter of fact.

WHAT IS REQUIRED FOR EVIDENCE TO BE ADMISSIBLE?

Evidence is admissible when:
1. t is relevant to the issue; AND
2. Not excluded by the: (Competence)
a. Constitution;
b. law; or
c. Rules on Evidence.

WHAT IS RELEVANCE?
 Evidence must have such a RELATION to the fact in issue as to induce belief in its existence or non-
existence.
 Relevancy means which tends to prove, which connects the cause (factum probandum) to the effect
(factum probans). Since you see only the effect, you arrive at the cause.
 Speaks of materiality (it must have a relation to the fact) and probative value (tends to prove or
disprove the facts in issue)

WHAT IS COMPETENT EVIDENCE?

Not excluded by the Constitution, Law, or Rules on Evidence.

WHAT IS A COLLATERAL MATTER?

It is evidence solely affecting the credibility of a witness. (ie character)

GENERAL RULE: Evidence on collateral matters shall not be allowed.

EXCEPTION: When it tends in any reasonable degree to establish the probability or improbability of the
fact in issue.

So, evidence is the means of ascertaining in judicial proceeding the truth respecting a matter of fact, in
other words, it is the means by which you prove something in court right that’s why the ROE starts with
matters that need not be proved or matters of judicial.

WHAT IS JUDICIAL NOTICE?

 What is known need not be proved.
 The court may dispense with the presentation of evidence on judicially cognizable facts.
 Judge is presumed to know these matters or these facts. So, there is no need to introduce evidence
in order to prove them.

WHEN IS JUDICIAL NOTICE MANDATORY?

WHEN MANDATORY
 No meeting or hearing is necessary for the court to take judicial notice of such matter because it
is what it says it is.

MATTERS SUBJECT TO MANDATORY JUDICIAL NOTICE:

1. Existence and territorial extent of states
2. Political History, forms of government and symbols of nationality of states
3. Law of nations
4. Admiralty and marine courts of the world and their seals
5. Political Constitution and history of the Philippines
6. Official acts of the legislative, executive and judicial departments of the PH
7. Laws of nature
8. Measure of time
9. Geographical Divisions

WHAT IF SM FILED A CASE FOR INTERPLEADER, BECAUSE BOTH TAGUIG AND MAKATI CITY CLAIM
OWNERSHIP OF THE LAND WHERE SM AURA IS SITUATED, HOW CAN A JUDGE TAKE JUDICIAL NOTICE
AND IN WHAT FAVOR WILL JUDGE TAKE JUDICIAL NOTICE?
PSY’s answer = Generally it is included except if it is a fact in issue.

*Geographical location

GIVE AN EXAMPLE TO THE FOLLOWING:

THE POLITICAL CONSTITUTION AND HISTORY OF THE PHILIPPINES AND OFFICIAL ACTS OF THE
LEGISLATIVE EXECUTIVE AND JUDICIAL DEPARTMENTS.
 Dates when Congress begins and closes its session
 Number, functions, and privileges of its members
 Laws enacted by the legislature

LAWS OF NATURE
 Law on gravity / Low tide and high tide / Night and Day

WHEN IS JUDICIAL NOTICE DISCRETIONARY?

The court may take judicial notice of matters which are of
1. Public knowledge
2. Capable of unquestionable demonstration
3. Ought to be known to judges because of their judicial functions

 Judicial notice is limited to facts evidenced by public records and of general notoriety
 Judicial notice is not judicial knowledge. the mere personal knowledge of the judge is not the judicial
knowledge of the court.
 The court can take judicial notice of a fact during or after trial.
DURING TRIAL - May announce its intention to take judicial notice of any matter. On its own
initiative or the initiative if any party
AFTER TRIAL & BEFORE JUDGMENT - May be taken on appeal. Our courts cannot take judicial notice
of foreign laws. They must be alleged and proved.
GIVE AN EXAMPLE TO THE FOLLOWING:
MATTERS WHICH ARE OF PUBLIC KNOWLEDGE
- Street name
- Shabu is methamphetamine hydrochloride

MATTERS WHICH ARE CAPABLE OF UNQUESTIONABLE DEMONSTRATION

- Facts, theories, and conclusions that have been established by scientists
- That poison kills or results to serious injury
- That boiling water scalds
- Striking the body with a sharp instruments results to rupturing the skin and to bleeding
- Shooting on the head kills
- Hunger results to a weakened physical condition
- Vehicles running at top speed do not immediately stop even when the brakes are applied and
will leave skid marks on the road

MATTERS OUGHT TO BE KNOWN TO JUDGES BECAUSE OF THEIR JUDICIAL FUNCTIONS

- These are matters which pertain to the office of the Judge or known to them based on their
experience as judges.
- The behavior of people to being witnesses such as their reluctance to be involved in cases thus
requiring the issuance of subpoena to them
- The varied reaction of people to similar events.
- Procedures in the reduction of bail bonds

WHAT IS A JUDICIAL ADMISSION?

An admission, verbal or written, made by a party in the course of the proceedings in the same case, does
not require proof. The admissions may be contradicted only by showing that it was made through
PALPABLE MISTAKE or that no such admission was made.

ELEMENTS:
1. Made by a party to the case.
2. Made in the course of the proceedings in the same case.
3. No form needed

WHAT IF THE ADMISSION IS MADE IN ANOTHER CASE?

If made in another proceeding, not judicial admission in the case but merely extrajudicial admissions.

SO, JUDICIAL ADMISSION APPLIES TO ORAL AND WRITTEN?

A party may make judicial admission in pleadings, during trial either verbal or written or in other stages
of judicial proceedings.

 Admissions of the accused in pre-trial in criminal case must first comply with the requirements that
it must be written and signed by the accused and counsel.
EXCEPT: STIPULATIONS OF FACTS IN PRE TRIAL. Because it is automatically reduced in writing.

WHAT IF THE ADMISSION IS MADE BY ONE OF THE COUNSELS OF THE PARTIES?

Admissions made by a counsel are generally conclusive upon a client.
Except when negligence of clients amount to the deprivation of Due process.

TAKE NOTE:
 Admissions in pleadings and motions are judicial admissions. In order for allegations in the
complaints not to be considered as judicial admissions, SPECIFIC DENIAL must be made.
 Admissions of a non-party does not fall within this definition
 If made in another proceeding, not judicial admission in the case but merely extrajudicial
admissions
 Pre-trial orders are conclusive upon the parties.
 A party may make judicial admission in pleadings, during trial either verbal or written or in other
stages of judicial proceedings.
 Any question as to admissibility of text messages as evidence is rendered moot and academic if the
party raising such issue admits the authorship of the same
 Averments in the pleadings like immaterial allegations, Conclusions of law and unliquidated
damages are not deemed admissions even if a party fails to make specific denial.
 Allegations of usury shall be specifically denied or else deemed admitted.
 Admissions of the accused in pre-trial in criminal case must first comply with the requirements that
it must be written and signed by the accused and counsel.
EXCEPT: STIPULATIONS OF FACTS IN PRE TRIAL. Because it is automatically reduced in writing.
 Admissions obtained through modes of discoveries are also considered judicial admissions.
 Admissions in a superseded pleading (because of amendment) shall be considered as
extrajudicial admissions which must be proven.
 Admissions in pleadings that have been dismissed are merely extrajudicial admissions.
 If the motion to discharge an accused as state witness is denied, his sworn statement, submitted to
support the motion SHALL BE INADMISSIBLE IN EVIDENCE.

WHAT ARE THE KINDS OF EVIDENCE?

1. OBJECT EVIDENCE
- Objects as evidence are those addressed to the senses of the court.

2. DOCUMENTARY EVIDENCE
- Any other material like objects as long as it contains letters, words, numbers, figures, symbols or
other modes of written expression and offered as a proof of their contents.
- It must be offered as proof of their contents. If offered for some other purposes, it is merely an
object evidence

* Every evidence may it be object or document NEEDS A WITNESS.

3. TESTIMONIAL EVIDENCE
WHAT IS THE ORIGINAL DOCUMENT RULE?
GENERAL RULE: When the subject of inquiry is the contents of a document, writing, recording,
photograph or other record, no evidence is admissible other than the original document itself.

EXCEPTIONS: (5 exceptions)
1. When the original is lost or destroyed, or cannot be produced in court, without bad faith on the
part of the offeror;
2. When the 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, or the original cannot be
obtained by local judicial processes or procedures;
3. When the original consists of numerous accounts or others 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;
4. When the original is a public record in the custody of a public officer or is recorded in a public
office; and
5. When the original is not closely-related to the controlling issue.
Ex: The issue is for instance is that you want to prove that a person is spendthrift, she is too
extravagant with her money and she does not take care of his affairs as well. So, you attached
several receipts that he eats in Spiral and all these expensive buffet restaurants and that she
spends her money left and right. The issue of what she eats, or the contents of the receipt are
not really controlling because what you want to prove is merely a pattern of behavior for
instance that she spends a lot not what she ate on a particular day. In that sense, a photocopy
will be sufficient.

WHAT IS AN “ORIGINAL” DOCUMENT?

An “ORIGINAL” of a document is the document itself or any counterpart intended to have the same
effect by a person executing or issuing it. An ORIGINAL of a photograph includes that negative or any
print therefrom. If the DATA is stored in a computer or similar device, any printout or other output
readable by sight or other means, s hown to reflect the data accurately, is an ORIGINAL.

WHAT IS A “DUPLICATE”?
A “DUPLICATE” is a counterpart produced by the same impression as the original, or from the same
matrix, or by means of photography, including enlargements and miniatures, or by mechanical or
electronic re-recording, or by chemical reproduction, or by other equivalent techniques which
accurately reproduces the original.

IS A PHOTOCOPY AN ORIGINAL DOCUMENT?

GENERAL RULE: A duplicate is admissible to the same extent as an original.
EXCEPTIONS:
1. A genuine question is raised as to the authenticity of the original; or
2. In the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original.
WHAT IS THE PAROL EVIDENCE RULE?

General Rule: When the terms of an AGREEMENT (including WILLS) 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 (testimonial or documentary) of such terms other than the contents
of the written agreement.

Exceptions: A party may present evidence to –

a. Modify,
b. Explain or
c. Add to
the terms of written agreement if he puts in issue in his pleading:
1. An intrinsic ambiguity, mistake or imperfection in the written agreement;
2. The failure of the written agreement to express the true intent and agreement of the parties
thereto;
3. The validity of the written agreement; or
4. The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.

*IF YOU HAVE A PROVISION IN THE CONTRACT “OTHER ORAL OR WRITTEN AGREEMENTS NOT
CONTAINED IN THE CONTRACT ARE VOID AND/OR NOT APPLICABLE”, CAN YOU STILL INVOKE THE PAROL
EVIDENCE RULE? a.k.a. “entire agreement clause”