EVIDENCE

JUDGE ROSAURO ANGELITO DAVID

REGIONAL TRIAL COURT
BRANCH 101
STA. ROSA CITY
 OVERVIEW
2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE

• GENERAL PROVISIONS (RULE 128)

• JUDICIAL NOTICE/JUDICIAL ADMISSIONS (RULE 129)
• RULES OF ADMISSIBILITY (RULE 130)
• BURDEN OF PROOF AND PRESUMPTIONS (RULE
131)
• PRESENTATION OF EVIDENCE (RULE 132)
• WEIGHT AND SUFFICIENCY OF EVIDENCE (RULE
133)
Rule 128
(2019 Amendments)

• Section 1. Evidence, Defined.

• Section 2. Scope
• Section 3. Admissibility of evidence.
- (2019 Amendment – inclusion of “the Constitution”
- Admissibility vs Probative Value
• Section 4. RELEVANCY; COLLATERAL matters.
- (Axiom of competency/Exclusionary Rule)
 EVIDENCE, DEFINED
(Section 1, Rule 128)

 SANCTIONED BY THE RULES

 IN A JUDICIAL PROCEEDING (CIVIL OR CRIMINAL
CASES)
 A MATTER OF FACT
 ASCERTAINMENT OF TRUTH
GENERAL PRINCIPLES

• FACTUM PROBANDUM VS FACTUM PROBANS

• PROOF VS EVIDENCE
• HIERACHY OF EVIDENCE
• CLASSIFICATION OF RULES OF EVIDENCE ACCORDING TO WIGMORE
GENERAL PRINCIPLES

• As to FORM/TYPE of evidence
• As to whether evidence AFFIRMS OR NEGATES
• As to MATERIALITY (VS RELEVANCY)
• As to ADMISSIBILITY (Types of Admissibility-
multiple/conditional/curative)
• As to need to INFER OR PRESUME (DIRECT OR
CIRCUMSTANTIAL)
GENERAL PRINCIPLES

• As to ORIGINALITY (BEST EVID vs SECONDARY EVIDENCE)

• As to SUPPORTING EVIDENCE (CUMULATIVE vs CORROBORATIVE EVID.)
• As to CONTROVERSION ( PRIMA FACIE vs REBUTTING vs CONCLUSIVE
EVID)
• As to CONTENT OF TESTIMONY (CHARACTER/REPUTATION vs OPINION
vs EXPERT vs ORDINARY EVIDENCE)
• As to SOURCE of evidence (INTRINSIC vs EXTRINSIC EVID)
• As to PRESUMPTION (DISPUTABLE vs CONCLUSIVE PRESUMPTION)
Rule 129 –what need not be proved
• Section 1. JUDICIAL NOTICE, WHEN MANDATORY
- 2019 Amendments. Inclusion of “National Government”
- proving foreign laws (Sect. 24-25, Rule 132; Apostille Convention
• Section 2. JUDICIAL NOTICE, WHEN DISCRETIONARY
- matters of public knowledge/ capable of unquestionable demonstration/ought to be
known to judges
-judicial notice vs judicial knowledge
• Section 3. JUDICIAL NOTICE, WHEN HEARING NECESSARY
- 2019 Amendments – clearer language
- Stipulation of facts
• Section 4. JUDICIAL ADMISSIONS (2019 Amendments )
 Rule 130
Rules of Admissibility
• Sec. 1. Object Evidence.
• Requisites for admissibility
• Relevancy
• Authentication
• Rules on Electronic Evid
• Pictures/ Photographs/ Tape Recordings
• Not hearsay
• Not privileged/excluded by rules or constitution
• Additional requirements set by law/rules
• RA 9165, section 21
DOCUMENTARY EVIDENCE
(RULE 130)
• SECTION 2. DOCUMENTARY EVIDENCE, DEFINED.
• 2019 Amendments. Expanded coverage-harmonized with electronic
documents A.M. No 01-7-01 SC
• Offered as proof of contents of the document”
• Object vs documentary evidence
• Requirements of admissibility
• Relevancy
• Authentication
• Formally offered
Documentary evidence –
Rule 130
• Section 3. Documentary Evidence