Rules on Evidence

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  Pace Lex etSapientia     BY DECREE OF LAW AND WISDOM Main menuSkip to primary content     Skip to secondary content        Bar Matters      Books      Cases      Civil Law      Criminal Law      Environmental Laws      Labor and Social Legislation        Laws and Issuances      Law Firms      Law Studies      Legal Dictionary        Legal English        Legal Ethics        Legal Forms        Legal Philosophy        Mercantile Law      Opportunities        Political & Constitutional Law      Profiles      Quiz      Remedial Law      Review Centers      Reviewers      Taxation   Remedial Law Reviewer: Rules of Evidence   6 Votes RULES OF EVIDENCE  Evidence  –  the means, sanctioned by the Rules, of ascertaining in a judicial proceeding the truthrespecting a matter of fact.Relevant evidence  –  evidence which has a relation to the fact in issue as to induce belief in itsexistence or non-existence; evidence which tends in any reasonable degree to establish theprobability or improbability of the fact in issue.Material evidence  –  evidence which is directed to prove a fact in issue as determined by the rules of substantive law and pleadings; evidence of such quality of substantial importance to the particularissue, apart from its relevance The terms ―relevant‖ and ―material‖ are practically the same. They are used interchangeably by the SC.Competent evidence  –  evidence which is not excluded by the law or by the Rules of CourtDirect evidence  –  evidence which proves a fact in dispute without the aid of any inference orpresumptionCircumstantial evidence  –  proof of facts from which, taken collectively, the existence of theparticular fact in dispute may be inferred as a necessary or probable consequenceExpert evidence  –  testimony of a witness regarding a question of science, art or trade, when he isskilled thereinPrima facie evidence  –  evidence which suffices for the proof of a particular fact until contradictedand overcome by other evidenceConclusive evidence  –  evidence which is incontrovertible and which the law does not allow to becontradictedCumulative evidence  –  evidence of the same kind and character as that already given and tends toprove the same propositionCorroborative evidence  –  evidence of a different kind and character tending to prove the same pointBest evidence  –  evidence which affords the greatest certainty of the fact in questionSecondary evidence  –  evidence which is necessarily inferior to primary/best evidence and shows onits fact that better evidence existsFactum probans  –  the evidentiary fact by which the factum probandum is to be established;material evidencing the proposition, existent, and offered for the consideration of the tribunal   Factum probandum  –  the ultimate fact sought to be established; proposition to be established,hypothetical, and that which one party affirms and the other denies  Factum probandum Factum ProbansProposition to be established Material evidencing the propositionConceived of as hypothetical; that which oneparty affirms and the other deniesConceived of for practical purposes asexistent, and is offered as such for theconsideration of the court   Collateral facts  –  matters other than facts in issue and which are offered as a basis merely forinference as to the existence or non-existence of the facts in issueReal evidence  –  evidence furnished by the things themselves, or view or inspection as distinguishedfrom a description by them of a witness; that which is addressed directly to the senses of the courtwithout the intervention of a witnessRebuttal evidence  –  evidence which is given to explain, repel, counteract or disprove facts given inevidence by the adverse partyPositive evidence  –  when a witness affirms that a fact did or did not occurNegative evidence  –  when a witness states that he did not see or know the occurrence of a factAdmissibility of evidence Weight of evidencePertains to the ability of the evidence to beallowed and accepted subject to its relevancyand competence Pertains to the effect of evidence admittedSubstantive essence or characteristic feature of evidence as would make it worthy of consideration by the court before its admissionThe probative value of evidence which thecourt may give to admit after complyingwith the rules of relevancy and competencyProof EvidenceEffect and result of evidence Medium of proof End Result Means to the end   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 reasonabledegree to establish the probability or improbability of the fact in issue. RULE 129  –  WHAT NEED NOT BE PROVED     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 governmentand symbols of nationality, the law of nations, the admiralty and maritime courts of the world andtheir 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 thegeographical divisions.  Judicial notice, when discretionary . - A court may take judicial notice of matters which are of publicknowledge, or are capable of unquestionable demonstration, or ought to be known to judges becauseof their judicial functions. When court takes judicial notice  1.   During trial, on any matter  –  allow the parties to be heard thereon2.   After trial, and before judgment or on appeal  –  any matter and allow the parties to be heardthereon if such matter is decisive of a material issue in the case Hearing is necessary when  1.   During the trial, the courtA.   motu propio , on request of a partyB.   announces its intention to take judicial notice of any matterC.   After triali.   before judgment or on appealii.   motu propio , on request of a partyiii.   takes judicial notice of any matter, andiv.   if such matter is decisive of a material issue in the caseHence, the court can take judicial notice of any matter during the trial as long as there is a hearing. If trial is already over, the court can take judicial notice only of matters decisive of a material issue inthe case as long as there is a hearing. Instances of Judicial admissions  1.   the genuineness and due execution of an actionable document copied or attached to a pleading,when the other party fails to specifically deny under oath (Rule 8 §8)2.   material allegations in the complaint, when the other party fails to specifically deny it (Rule 8§11)3.   admissions in superseded pleadings, when offered in evidence (Rule 10 §8)4.   act, declaration, or omission of a party as to a relevant fact (Rule 130 §26)5.   implied admission of guilt in an offer of compromise by the accused in criminal cases, exceptquasi-offenses and those allowed by law to be compromised (Rule 130 §27)6.   admission by silence (Rule 130 §32) RULES OF ADMISSIBILITY (RULE 130)  Objects as evidence are those addressed to the senses of the court. When an object is relevant to thefact in issue, it may be exhibited to, examined or viewed by the court.Documents as evidence consist of writings or any material containing letters, words, numbers,figures, symbols or other modes of written expressions offered as proof of their contents. Best Evidence Rule    –  When the subject of inquiry is the contents of a document, no evidence shallbe admissible other than the srcinal document itself Exceptions: When the srcinal   1.   has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the   offeror;
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