EVIDENCE REVIEWER

DEFINITION:Evidence sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact.[Rule 128, Sec. 1]

*The mode and manner of proving competent facts in judicial proceedings. [Bustos v. Lucero]

SCOPE - General Rule: Rules of evidence shall be the same in all courts and in all trials and hearings

Exception: If otherwise provided by: 1) law; 2) ROC.

CLASSIFICATION (based on Rules of Court)

CLASSIFICATION ACCORDING TO FORM

1) OBJECT Directly addressed to the senses of the court [Rule 130, Sec. 1] Referred to as real evidence or evidence by autoptic preference.

2) DOCUMENTARY - Consist of writing or any material containing modes of written expression (i.e. words, numbers, figures, symbols) offered as proof of their contents. [Rule 130, Sec. 2]

3) TESTIMONIAL - Submitted to the court through the testimony or deposition of a witness.

OTHER CLASSIFICATIONS [Regalado]DIRECT Proves the fact in dispute without aid of any inference or presumption.

CIRCUMSTANTIAL Proof of fact/s from which, taken singly/collectively, the existence of the particular fact in dispute may be inferred as a necessary/probable consequence. It is evidence of relevant collateral facts.CUMULATIVE Evidence of the same kind and to the same state of facts.

CORROBORATIVE Additional evidence of a different character to the same point.

PRIMA FACIE That which, standing alone, is sufficient to maintain the proposition affirmed.

CONCLUSIVE That class of evidence which the law does not allow to be contradicted.

PRIMARY (Best evidence) The law regards these as affording the greatest certainty of the fact in question.

SECONDARY (Substitutionary evidence) Permitted by law only when the best evidence is unavailable.

POSITIVE When a witness affirms that a fact did or did not occur (there is personal knowledge).

NEGATIVE When witness states that he did not see or know of the occurrence of a fact (total disclaimer of personal knowledge).

EVIDENCE COMPARED TO PROOF It is the result or effect of evidence; when the requisitequantum of evidence of a particular fact has been duly admitted and given weight, the result is called the proof of such fact.

TO FACTUM PROBANDUM The ultimate fact or the fact sought to be established. It refers to the proposition (e.g. victim was stabbed).

TO FACTUM PROBANS The evidentiary fact or the fact by which the factum probandum is to be established; refers to the materials that establish the proposition (e.g. bloody knife).

Terminologies:

Admission - any statement of fact made by a party against his interest or unfavorable to the conclusion for which he contends or is inconsistent with the facts alleged by him.

Best Evidence Rule - is that rule which requires the highest grade of evidence obtainable to prove a disputed fact.

Burden Of Evidence - logical necessity on a party during a particular time of the trail to create a prima facie case in his favor or to destroy that created against him by presenting evidence.

Burden Of Proof/Risk of Non-Persuasion - the duty of a party to present evidenceon the facts in issue necessary to establish his claim or defense by the amount of evidence required by law.

Character - the aggregate of the moral qualities which belong to and distinguish an individual person.

Circumstantial Evidence - is the proof of a fact or facts from which taken either singly or collectively, the existence or a particular fact in dispute may be inferred as a necessary or probable consequence.

Common Reputation - is the definite opinion of the community in which the fact to be proved is known or exists. It means the general or substantially undivided reputation, as distinguished from a partial or qualified one, although it need not be unanimous.

Competency Of A Witness - is the legal fitness or ability of a witness to be heard on the trial of a cause.

Competent Evidence - one that is not excluded by this Rules, a statute or the Constitution.

Compromise - is an agreement made between two or more parties as a settlement matters in dispute.

Conclusive Evidence - the class of evidence which the law does not allow to be contradicted.

Confession - categorical acknowledgement of guilt made by an accused in a criminal case, without any exculpatory statement or explanation. If the accused admits having committed the act in question but alleges a justification therefore, the same is merely an admission.

Judicial Confession - one made before a court in which the caseis pending and in the course of legal proceedings therein and by itself, can sustain a conviction even in capital offenses.

Extra Judicial Confession - one made in any other place or occasion and cannot sustain a conviction unless corroborated by evidence of the corpus delicti. This section refers to extrajudicial confessions.

Corroborative Evidence - is additional evidence of a difference character to the same point.

Cumulative Evidence - evidence of the same kind and to the same state of facts.

Demonstrative Evidence - is a tangible evidence that merely illustrates a matter of importance in the litigation such as maps, diagrams, models, summaries and other materials created especially for litigation.

Direct Evidence - that which proves the fact in dispute without the aid of any inference or presumption.

Doctine Of Processual Presumption - absent any of the evidence or admission, the foreign law is presumed to be the same as that in the Philippines.

Document - any substance having any matter expressed or described upon it by marks capable of being read. It is a deed, instrument or other duly authorized appear by which something is proved, evidenced or set forth.

Documentary Evidence - evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are representedon material substances.

Dying Declaration - The ante mortem statements made by a person after the mortal wound has been inflicted under the belief that the death is certain, stating the fact concerning the cause of and the circumstances surrounding the attack.

Equipose Rule - Where the evidence gives rise to two probabilities, one consistent with defendants innocence, and another indicative of his guilt, that which is favorable to the accused should be considered.

Estoppel By Deed the tenant is not permitted to deny title of his landlord at the time of the commencement of the land-lord tenant relationship. If the title asserted is one that is alleged to have beenacquired subsequent to the commencement of that relation, the presumptionwill not apply.

Estoppel In Pais - whenever a party has, by his own declaration, act,or omission, intentionally and deliberately lead another to believe aparticular thing to be true and act upon such belief, he cannot, inany litigation arising out of such declaration, act or omission, bepermitted to falsify it.

Expert Witness - one who belongs to the profession or calling to whichthe subject matter of the inquiry relates to and who possesses specialknowledge on questions on which he proposes to express an opinion.

Express Admissions - are those made in definite, certain and unequivocallanguage.

Extra Judicial Admissions - are those made out of court, or in a judicialproceeding other than the one under consideration.

Fact - thing done or existing.

Facts In Issue - are those facts which the plaintiff must prove in orderto establish his claim and those facts which the defendant must provein order to establish a defense set up by him, but only when the factalleged by the one party is not admitted by the other party.

Facts Relevant To The Issue - are those facts which render the probableexistence or non-existence of a fact in issue, or some other relevantfact.

Factum Probandum - the ultimate fact or the fact sought to be established. - Refers to proposition

Factum Probans - is the evidentiary fact or the fact by which the factumprobandum is to be established. Materials which establish the proposition.

Hearsay Rule - Any evidence, whether oral or documentary is hearsay ifits probative value is not based on the personal knowledge of thewitness but on the knowledge of some other person not on the witnessstand.

Impeaching Evidence - a proper foundation must be laid for the impeachingquestions, by calling attention of such party to his former statementso as to give him an opportunity to explain before such admissions areoffered in evidence.

Implied Admissions - are those which may be inferred from the acts,declarations or omission of a party. Therefore, an admission may beimplied from conduct, statement of silence of a party.

Independent Evidence - admissions are original evidence and no foundationis necessary for their introduction in evidence

Intermediate Ambiguity - situation where an ambiguity partakes of thenature of both patent and latent. In this, the words are seeminglyclear and with a settled meaning, is actually equivocal and admits oftwo interpretations. Here, parol evidence is admissible to clarifythe ambiguity provided that the matter is put in issue by the pleader.Example: Dollars, tons and ounces.

Issue - is the point or points in question, at the conclusion of thepleadings which one side affirms, and the other side denies.

Judicial Admissions - are those so made in the pleadings filed or inthe progress of a trial. - It is one made in connection with a judicialproceeding in which it is offered, while an extrajudicial admissionis any other admission.

Judicial Notice - no more than that the court will bring to its aidand consider, without proof of the facts, its knowledge of thosematters of public concern which are known by all well-informedpersons. - cognizance of certain facts which judges may takeand act on without proof because they are already known to them.

Material Evidence - evidence directed to prove a fact in issue asdetermined by the rules of substantive law and pleadings. The test iswhether the fact it intends to prove is an issue or not. AS to whethera fact is in issue or not is in turn determined by the substantive law,the pleadings, the pre-trial order and by the admissions or confessionson file. Consequently, evidence may be relevant but may be immaterialin the case.

Negative Evidence - when the witness did not see or know of the occurrenceof a fact. There is a total disclaimer of persona knowledge, hence withoutany representation or disavowal that the fact in question could or couldnot have existed or happened. It is admissible only if it tends tocontradict positive evidence of the other side or would tend to excludethe existence of fact sworn to by the other side.

Object Evidence - is a tangible object that played some actual role onthe matter that gave rise to the litigation. For instance, a knife.

Objective or Real Evidence - directly addressed to the senses of thecourt and consist of tangible things exhibited or demonstrated in opencourt, in an ocular inspection, or at place designated by the courtfor its view or observation of an exhibition, experiment or demonstration.This is referred to as autoptic preference.

Omnia praesumuntur rite et solemniter esse acta donec probetur incontrarium all things are presumed to have been done regularly andwith due formality until the contrary is proved.

Opinion - an inference or conclusion drawn from facts observed.

Ordinary Opinion Evidence - that which is given by a witness who isof ordinary capacity and who has by opportunity acquired a particularknowledge which is outside the limits of common observation and whichmay be of value in elucidating a matter under consideration.

Parol Evidence - any evidence aliunde, whether oral or written, whichis intended or tends to vary or contradict a complete and enforceableagreement embodied in a document.

Patent or Extrinsic Ambiguity - is such ambiguity which is apparent onthe face of the writing itself and requires something to be added inorder to ascertain the meaning of the words used. In this case, parolevidence is not admissible, otherwise the court would be creating acontract between the parties.

Pedigree - includes relationship, family genealogy, birth, marriage,death, the dates when, and the placer where these facts occurred andthe names of their relatives. It embraces also facts of family historyintimately connected with pedigree.

Positive Evidence - when the witness affirms that a fact did or did notoccur. Entitled to a greater weight since the witness represents of hispersonal knowledge the presence or absence of a fact.

Presumption - An inference as to the existence or non-existence of afact which courts are permitted to draw from the proof of other facts.

Presumption Juris Or Of Law is a deduction which the law expressly directs to be made from particular facts.

Presumption Hominis Or Of Fact is a deduction which reason draws from facts proved without an express direction from the law to that effect.

Prima Facie Evidence - that which is standing alone, unexplained oruncontradicted, is sufficient to maintain the proposition affirmed.

Primary Evidence - that which the law regards as affording the greatestcertainty of the fact in question. Also referred to as the best evidence.

Privies - those who have mutual or successive relationship to thesame right of property or subject matter, such as personalrepresentatives, heirs, devisees, legatees, assigns, voluntary granteeor judgment creditors or purchasers from them without notices to the fact.

Privity - mutual succession of relationship to the same rights of property.

Proof - the result or effect of evidence. When the requisite quantumof evidence of a particular fact has been duly admitted and given weight,the result is called the proof of such fact.

Relevant Evidence - evidence having any value in reason as tending toprove any matter provable in an action. The test is the logical relationof the evidentiary fact to the fact in issue, whether the former tendsto establish the probability or improbability of the latter.

Res Gestae - literally means things done; it includes circumstances,facts, and declarations incidental to the main facts or transactionnecessary to illustrate its character and also includes acts, words,or declarations which are closely connected therewith as to constitutepart of the transaction.

Rule Of Exclusion - that which is secondary evidence cannot inceptivelybe introduced as the original writing itself must be produced in court,except in the four instances mentioned in Section 3.

Secondary Evidence - that which is inferior to the primary evidence andis permitted by law only when the best evidence is not available.Known as the substitutionary evidence. - shows that better or primary evidence exists as tothe proof of fact in question. It is deemed less reliable.

Self Serving Declaration - is one which has been made extrajudiciallyby the party to favor his interests. It is not admissible in evidence.

Testimonial Evidence - is that which is submitted to the court throughthe testimony or deposition of a witness.

Unsound Mind - any mental aberration, whether organic or functional, orinduced by drugs or hypnosis.

Witness - reference to a person who testifies in a case or gives evidencebefore a judicial tribunal.

RULE 128General Provisions Section 1. Evidence defined

EvidenceIs the means, sanctioned by the rules of court, of ascertainingin a judicial proceeding the truth respecting a matter of fact.

The mode and manner of proving competent facts in judicialproceedings.(Bustos v. Lucero)

ProofThe result or effect of evidence. When the requisite quantum of evidenceof a particular fact has been duly admitted and given weight, the resultis called the proof of such fact.

Factum ProbandumThe ultimate fact or the fact sought to be established.Refers to proposition.

Factum ProbansIs the evidentiary fact or the fact by which the factum probandum isto be established.Materials which establish the proposition.

The law of evidence is fundamentally a procedural law.

In criminal cases, if the alteration of these rules may validly bemade applicable to cases pending at the time of such change, as theparties to an action have no vested right in the rules of evidence.

In criminal cases, if the alteration of these rules of evidencewould for instance, permit the reception of a lesser quantum ofevidence than what the law required at the time of the commission ofthe offense in order to convict, then the retroactive application ofsuch amendatory law would be unconstitutional for being ex post facto.

The rules of evidence are specifically applicable only in judicialproceedings.

In quasi-judicial proceedings, the rules of evidence shall apply byanalogy, or in a suppletory character and whenever practicable andconvenient except where the governing law on that particularproceeding specifically adopts the rules of evidence in the Rulesof Court.

In cases before the Court of Agrarian Relations, the Rules of Courtwere not applicable even in a suppletory character, except in criminaland expropriation cases, which procedure has been superseded by theprovisions of RA 6657.

Section 2. Scope

ScopeThe rules of evidence shall be the same in all courts and in alltrials and hearings, except as otherwise provided by law or theserules.

Classification of Evidence According to Form1. Objective or Real Evidence directly addressed to the senses of the court and consist of tangible things exhibited or demonstrated in open court, in an ocular inspection, or at place designated by the court for its view or observation of an exhibition, experiment or demonstration. This is referred to as autoptic preference.2. Documentary Evidence evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.3. Testimonial Evidence is that which is submitted to the court through the testimony or deposition of a witness.

Relevant Evidenceevidence having any value in reason as tending to prove any matterprovable in an action. The test is the logical relation of theevidentiary fact to the fact in issue, whether the former tends toestablish the probability or improbability of the latter.

Material Evidenceevidence directed to prove a fact in issue as determined by the rulesof substantive law and pleadings. The test is whether the fact itintends to prove is an issue or not. AS to whether a fact is in issueor not is in turn determined by the substantive law, the pleadings,the pre-trial order and by the admissions or confessions on file.Consequently, evidence may be relevant but may be immaterial in thecase.

Competent Evidenceone that is not excluded by this Rules, a stature or the Constitution.

Direct Evidencethat which proves the fact in dispute without the aid of anyinference or presumption.

Circumstantial Evidenceis the proof of a fact or facts from which taken either singly orcollectively, the existence or a particular fact in dispute may beinferred as a necessary or probable consequence.

Cumulative Evidenceevidence of the same kind and to the same state of facts.

Corroborative Evidenceis additional evidence of a difference character to the same point.

Prima Facie Evidencethat which is standing alone, unexplained or uncontradicted, issufficient to maintain the proposition affirmed.

Conclusive Evidencethe class of evidence which the law does not allow to be contradicted.

Primary Evidencethat which the law regards as affording the greatest certainty of thefact in question. Also referred to as the best evidence.

Secondary Evidencethat which is inferior to the primary evidence and is permitted bylaw only when the best evidence is not available. Known as thesubstitutionary evidence.

Positive Evidencewhen the witness affirms that a fact did or did not occur. Entitledto a greater weight since the witness represents of his personalknowledge the presence or absence of a fact.

Negative Evidencewhen the witness did not see or know of the occurrence of a fact.There is a total disclaimer of persona knowledge, hence without anyrepresentation or disavowal that the fact in question could or couldnot have existed or happened. It is admissible only if it tends tocontradict positive evidence of the other side or would tend toexclude the existence of fact sworn to by the other side.

What do the rules of evidence determine?All rights and liabilities are dependent upon and arise out of facts.

Every judicial proceeding whatever has for its purpose the ascertainingof some right or liability. If the proceeding is Criminal, the objectis to ascertain the liability to punishment of the person accused.If the proceeding is Civil, the object is to ascertain some right ofproperty or status, or the right of one party and the liability ofother to some form of relief.

Two branches of the law of procedure1. The law of the pleadings which determines the questions in a dispute between the parties2. The law of evidence, which determines how the party can convince the court of the existence of facts which according to the provisions of substantive law, would establish the existence of the right or liability which they allege to exist.

Why should the rule of evidence be uniform?1. The relation between the evidentiary fact and a particular proposition is always the same, without regard to the kind of litigation in which that proposition becomes material to be proved.2. If the rules of evidence prescribe the best course to arrive at the truth, that must be and are the same in all civilized countries.

Differences in the Rules of Evidence in Criminal and Civil Cases1. Criminal Cases The accused attends by compulsion

Civil Cases Parties attend by accord

2. Criminal Cases Presumption of innocence attends the accused throughout the trial until the same has been overcome by prima facie evidence of his guilt.

Civil Cases There is no presumption as to either party.

3. Criminal Cases It is an implied admission of guilt.

Civil Cases An offer to compromise does not as a general rule amount to an admission of liability.

4. Criminal Cases Guilt beyond reasonable doubt

Civil Cases Must prove by preponderance of evidence: Reason is that there is no presumption and due to the fact that the proof will only result in a judgment of pecuniary damages or establish Civil Right.

Any evidence inadmissible according to the laws in force at the timethe action accrued, but admissible according to the laws in force atthe time of the trial, is receivable. There is no vested right ofproperty in rules of evidence.

Reason: The rules of evidence are merely methods for ascertaining facts. It must be supposed that change of law merely makes it more likely that the fact will be truly ascertained, either by admitting evidence whose former suppression or by suppressing evidence helped to conceal the truth.

There are rules of evidence established merely for the protection ofthe parties. If according to the well-established doctrine, theparties may waive such rules during the trial of a case, there is noreason why they cannot make the waiver in a contract. However, if therule of evidence waived by the parties has been established by law ongrounds of public policy, the waiver is void.

Section 3. Admissibility of Evidence

2 Axioms of Admissibility1. None but facts having rational probative value are admissible.2. All facts having rational probative value are admissible unless some specific rule forbids their admission.

The Admissibility of Evidence is Determined at the Time it is Offeredto the Court.

Heirs of Sabanpan v. Comorposa (2003) The admissibility of evidence should not be confused with its probative value.

Admissibility refers to the question of whether certain pieces of evidence are to be considered at all, while probative value refers to the question of whether the admitted evidence proves an issue.

Thus, a particular item of evidence may be admissible, but its evidentiary weight depends on judicial evaluation within the guidelines provided by the rules of evidence

Every objection to the admissibility of evidence shall be made atthe time such evidence is offered, or as soon thereafter as theobjection to its admissibility shall have become apparent, otherwisethe objection shall be considered waived.

Certain Doctrines or Rules of Admissibility1. Conditional admissibility Where the evidence at the time of its offer appears to be immaterial or irrelevant unless it is connected with the other facts to be subsequently proved, such evidence may be received ob condition that the other facts will be proved thereafter, otherwise the evidence given will be stricken out. This is subject to the qualification that there should be no bad faith on the part of the proponent.2. Multiple admissibility Where the evidence is relevant and competent for two or more purposes, such evidence should be admitted for any or all the purposes for which it is offered provided it satisfies all the requirements of law for its admissibility therefore.3. Curative admissibility This treats upon the right of the party to introduce incompetent evidence in his behalf where the court has admitted the same kind of evidence adduced by the adverse party.

Three theories on curative admissibility:1. American rule the admission of such incompetent evidence, without objection by the opponent does not justify such opponent in rebutting it by similar incompetent evidence.2. English rule if a party has presented inadmissible evidence, the adverse party may resort to similar inadmissible evidence.3. Massachusetts rule the adverse party may be permitted to introduce similar incompetent evidence in order to avoid a plain and unfair prejudice caused by the admission of the other partys evidence.

Section 4. Relevancy; Collateral matters

Evidence must have such a relation to the fact in issue as to inducebelief in its existence or non-existence.

Evidence on collateral matters shall not be allowed, except when ittends in any reasonable degree to establish the probability orimprobability of the fact in issue.

The rules prohibit the admission of irrelevant collateral facts only.

Circumstantial evidence is legal evidence and if sufficient, cansustain a judgment. Circumstantial evidence is evidence of relevantcollateral facts.

Facts Relevant To The Issue - are those facts which render the probable existence or non-existence of a fact in issue, or some other relevant fact.

The effect of the pleadings is that they help in determining whetherthe evidence offered is relevant to the case, for it is a familiarproposition that the evidence must be confined to the facts put inissue by the pleadings.

Relevance - Evidence has such a relation to the fact in issue as to induce belief of its existence or non-existence.

General rule: Evidence on collateral matters is not allowed.

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

Collateral Matters Matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue.

Evidence may be relevant but immaterial to the case.

RULE 129What Need Not Be Proved Section 1. Judicial Notice, When Mandatory Judicial Notice no more than that the court will bring to its aidand consider, without proof of the facts, its knowledge of thosematters of public concern which are known by all well-informed persons.

- cognizance of certain facts which judges may takeand act on without proof because they are already known to them.

The object of judicial notice is to save time, labor and expense insecuring and introducing evidence on matters which are not ordinarilycapable of dispute and not actually bonafide disputed, and the tenorof which can safely be assumed form the tribunals general knowledgeor from slight search on its part.

Judicial notice is based on convenience and expediency.

Two kinds of judicial notice1) Mandatory2) Discretionary

The direct effect of judicial notice upon the burden of proving afact is to relieve the parties from the necessity of introducingevidence to prove the fact noticed. It makes evidence unnecessary.

The stipulation and admission of the parties or counsel cannot prevailover the operation of the doctrine of judicial notice, and suchstipulation and admissions are all subject to the operation of thedoctrine.

Municipal trial courts are required to take judicial notice of theordinances of the municipality or city wherein they sit.

In the RTC, they must take such judicial notice only1. when required to do so by statute and2. in a case on appeal before them and wherein the inferior court took judicial notice of an ordinance involved in said case.

Courts are required to take judicial notice of the decisions ofthe appellate courts but not of the decisions of coordinatetrial courts.

Judicial Notice When Mandatory

1. Existence and territorial extent of states2. Their political history3. Their forms of government4. Their symbols of nationality5. The law of nations6. Admiralty and maritime courts of the world and their seals7. Political constitution and history of the Philippines8. Official acts of the legislative, executive and judicial departments of the Philippines

Courts cannot take judicial notice of foreign laws. (Yao-Kee v. Sy-Gonzales 1988)

General rule: Courts are not mandated to take judicial notice of municipal ordinances. (City of Manila v. Garcia 1967)

Exception: If the charter of the concerned city provides for such judicial notice.

General rule: Courts cannot take judicial notice of the contents/records of other cases even if both cases may have been tried or are pending before the same judge.(Prieto v. Arroyo 1965)

Exception: The case clearly referred to or the original or part of the records of the case are actually withdrawn from the archives of that case and admitted as part of the record of the case pending when:(Tabuena v. CA (1991) a) There is no objection from adverse party even with his knowledge thereof b) It is at the request or with the consent of the parties

9. Laws of nature;10. Measure of time;11. Geographical divisions

Below is a sample Bar Examination question given in 2005 applyingthe above mentioned rule.

1. Explain briefly whether the RTC may, motu proprio, take judicial notice of: (5%)

The street name of methamphetamine hydro-chloride is shabu.

Answer: The RTC may motu proprio take judicial notice of the street name of methamphetamine hydrochloride is shabu, considering the chemical composition of shabu. (People v. Macasling, GM, No. 90342, May 27,1993)

2. Ordinances approved by municipalities under its territorial jurisdiction.

Answer: In the absence of statutory authority, the RTC may not take judicial notice of ordinances approved by municipalities under their territorial jurisdiction, except on appeal from the municipal trial courts, which took judicial notice of the ordinance in question. (U.S. v. Blanco, G.R, No. 12435, November 9,1917; U.S. v. Hernandez, G.R. No. 9699, August 26, 1915)

3. Foreign laws

Answer: The RTC may not generally take judicial notice of foreign laws. It must be proved like any matter of fact except in few instances, the court in the exercise of its sound judicial discretion, may take notice of foreign laws when Philippine courts are evidently familiar with them, such as the Spanish Civil Code, which had taken effect in the Philippines, and other allied legislation. (Pardo v. Republic, G.R. No. L2248 January 23, 1950; Delgado v. Republic,G.R. No. L2546, January .28, 1950)

4. Rules and Regulations issued by quasi- judicial bodies implementing statutes.

Answer: The RTC may take judicial notice of Rules and Regulations issued by quasi-judicial bodies implementing statutes, because they are capable of unquestionable demonstration , unless the law itself considers such rules as an integral part of the statute, in which case judicial notice becomes mandatory. (Chattamal v. Collector of Customs, G.R. No.16347, November 3,1920)

5. Rape may be committed even in public places.

Answer: The RTC may take judicial notice of the fact that rape may be committed even in public places. The "public setting" of the rape is not an indication of consent. (People v. Tongson, G.R. No. 91261, February 18, 1991)

The Supreme Court has taken judicial notice of the fact that a man overcome by perversity and beastly passion chooses neither the time, place, occasion nor victim. (People v, Barcelona, G.R. No. 82589, October 31,1990)

Section 2. Judicial Notice, When Discretionary When Discretionary1. Matters of public knowledge2. Matters capable of unquestionable demonstration3. Matters which ought to be known to judges because of their judicial functions.

The mere personal knowledge of the judge is not the judicial knowledgeof the court.

Judicial cognizance is taken only of those matters which are commonlyknown.

It is not essential that matters of judicial cognizance be actuallyknown to the judge if the subject is proper for judicial knowledge,the judge may at his discretion, inform himself in any way which mayseem best to him, and act accordingly.

The doctrine of judicial notice rests on the wisdom and discretion ofthe courts. The power to take judicial notice is to be exercised bycourts with caution, care must be taken that the requisite notorietyexists and every reasonable doubt upon the subject should be promptlyresolved in the negative.

Foreign laws may not be taken judicial notice of and have to be provedlike any other fact EXCEPT where said laws are within the actualknowledge of the court such as when they are well and generally knownor they have been actually ruled upon in other cases before it andnone of the parties claim otherwise.

To prove a written foreign law, the requirements must be compliedwith, that is, by an official publication or by a duly attested andauthenticated copy thereof.

Doctrine of Processual PresumptionAbsent any of the evidence or admission, the foreign law is presumedto be the same as that in the Philippines.

Three instances when a Philippine court can take judicial notice ofa foreign law are:1. When the Philippine courts are evidently familiar with the foreign law2. When the foreign law refers to the law of nations (Sec.1 of Rule 129)3. When it refers to a published treatise, periodical or pamphlet on the subject of law if the court takes judicial notice of the fact that the writer thereof is recognized in his profession or calling on the subject. (Sec.46,Rule 130)

Section 3. Judicial Notice, When Hearing Necessary

When Hearing is Necessary?1. During the trial: The court may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon on its own initiative or on request of a party.2. After the trial and before judgment or on appeal, The court may announce its intention to take judicial notice of any matter that is decisive of a material issue in the case and allow the parties to be heard thereon on its own initiative or on request of a party.

The purpose of the hearing is not for the presentation of evidencebut to afford the parties reasonable opportunity to presentinformation relevant to the proprietary of taking such judicialnotice or to the tenor of the matter to be noticed.

What stage may the court take judicial notice of a fact?1. During trial2. after trial and before judgment3. appeal

A Distinction is made between judicial notice taken during trial andthat taken after trial but before judgment or on appeal.

During the trialThe Court may announce its intention to take judicial notice of anymatter and may hear the parties thereon.

After trial but before judgment or on appealThe Court may take judicial notice of any matter and allow the partiesto be heard thereon if such matter is decisive of a material issuein the case.

The judge may consult works on collateral science, or arts, touchingthe topic on trial.

What are the facts that do not need introduction of evidence? SUGGESTED ANSWER: a. Facts which a court shall or may take judicial notice. (Secs.1 and 2, Rule 129, ROC) b. Judicial admissions. (Sec. 4, Rule 129, ROC) c. Facts which may be presumed from proven facts.

Distinguish mandatory judicial notice from discretionaryjudicial notice.SUGGESTED ANSWER:1. For mandatory judicial notice the court is compelled to take judicial notice because of the use of the word "shall" in Sec.1, Rule 129, ROC WHILE for discretionary judicial notice the court is not compelled because of the use of the word "may" in Sec.2, Rule 129, ROC.2. Mandatory judicial notice takes place at the court's own initiative while discretionary judicial notice may take place at the court's initiative, or on request of a party.3. Discretionary judicial notice requires a hearing and presentation of evidence while mandatory judicial notice does not require hearing and presentation of evidence.

Section 4. Judicial Admissions

DefinitionAdmissions, verbal or written, made by the party in the course ofthe proceedings in the same case. It requires no proof.(Rule 129,Sec.4)

Judicial AdmissionsAre those so made in the pleadings filed or in the progress of a trial.

Extrajudicial AdmissionsAre those made out of court, or in a judicial proceeding other thanthe one under consideration.

Judicial admission may be contradicted only by showing that:1. It was made through palpable mistake;2. No such admission was made.

Extrajudicial admissions or other admissions are, as a rule and whereelements of estoppel are not present, disputable.

A judicial admission may be oral as a verbal waiver of proof made inopen court, a withdrawal of a contention or a disclosure made beforethe court, or an admission made by a witness in the course of histestimony or deposition, or may be in writing as in pleading, bill ofparticulars, stipulation of facts, request for admission, or ajudicial admission contained in an affidavit used in the case.

To be considered a judicial admission, the admission must be made inthe same case, otherwise, it is an extrajudicial admission.

When a defendant is declared in default for having failed to answerthe complaint, such a failure does not amount to an admission of thefacts alleged in the complaint.

Stipulations voluntarily entered into between the parties will berespected and enforced by the court unless contrary to public policyor good morals. However, the binding effect of the facts appliesonly to the parties in agreement.

Pleadings superseded or amended disappear from the record of judicialadmissions, and in order that any statements contained therein maybe considered as an extrajudicial admission, it should be offeredformally in evidence.

Torres vs. CA (1984)An original complaint, after being amended, loses its character as ajudicial admission, which would have required no proof. It becomesmerely an extra-judicial admission requiring a formal offer in orderto be admissible.

Bayas vs. Sandiganbayan (GR Nos. 143689-91, November 12,2002)There is nothing irregular or unlawful in stipulating facts incriminal cases. The policy encouraging it is consistent with thedoctrine of waiver, which recognizes that ". . . everyone has a rightto waive and agree to waive the advantage of a law or rule made solelyfor the benefit and protection of the individual in his privatecapacity, if it can be dispensed with and relinquished withoutinfringing on any public right and without detriment to the communityat large."

In the present case, the Joint Stipulation made by theprosecution and petitioners was a waiver of the right to presentevidence on the facts and the documents freely admitted by them.

There could have been no impairment of petitioners' right to be presumedinnocent, right to due process or right against self-incriminationbecause the waiver was voluntary, made with the assistance of counseland is sanctioned by the Rules on Criminal Procedure.

Once the stipulations are reduced into writing and signed by theparties and their counsels, they become binding on the parties whomade them.

They become judicial admissions of the fact or facts stipulated.Even if placed at a disadvantageous position, a party may not beallowed to rescind them unilaterally; it must assume the consequencesof the disadvantage. If the accused are allowed to plead guilty underappropriate circumstances, by parity of reasoning, they shouldlikewise be allowed to enter into a fair and true pretrial agreementunder appropriate circumstances.

RULE 130Rules On Admissibility Section 1. Object as Evidence

Object Evidence Those addressed to the senses of the court.(Rule 130, Sec.1) It includes the anatomy of a person or ofany substance taken therefrom.(US v. Tan Teng)

General rule: When object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.(Rule 130, Sec.1)

Exception: Court may refuse introduction of object evidence and rely on testimonial alone if: 1. Its exhibition is contrary to public policy, morals or decency 2. It would result in delays, inconvenience, unnecessary expenses, out of proportion to the evidentiary value of such object (People vs.Tavera) 3. The evidence would be confusing or misleading.(People vs. Saavedra)

Where an object is relevant to a fact in issue, the court may acquireknowledge thereof by actually viewing the object, in which case suchobject becomes object evidence or by receiving testimonial evidencethereon.

The fact that an ocular inspection has been held does not preclude aparty from introducing other evidence on the same issue.

Whether an ocular inspection is to be made or not lies in thediscretion of the trial court.

An ocular inspection conducted by a judge without notice to orpresence of the parties is invalid as an ocular inspection is a partof the trial.

The Court May Refuse The Introduction of Object Evidence and Rely onTestimonial Evidence Alone if:1. The exhibition of such object is contrary to morals or decency2. To require its being viewed in court or in an ocular inspection would result in delays, inconvenience, unnecessary expenses out of proportion to the evidentiary value of such object3. Such object evidence would be confusing or misleading, as when the purpose is to prove the former condition of the object and there is no preliminary showing that there has been no substantial change in said condition4. The testimonial or documentary evidence already presented clearly portrays the object in question as to render a view thereof unnecessary.

Even if the object is repulsive or indecent, if a view of the sameis necessary in the interest of justice, such evidence may still beexhibited but the court may exclude the public from such view.

Object evidence includes any article or object which may be knownor perceived by the use of any of the senses.

Example: examination of the anatomy of a person or of any substance taken therefrom, or the examination of the representative portrayals of the object in question, such as maps, diagrams or sketches, pictures or audio-visual recordings, provided the same are properly authenticated.

Just like ocular inspection, which are only auxiliary remediesafforded to the court, such observations of the court may beamplified by interpretations afforded by testimonial evidence,especially by experts.

NOTE: Documents are object evidence if the purpose is to prove theirexistence or condition, or the nature of the handwriting thereon,or to determine the age of the paper used, or the blemishes oralterations thereon, as where falsification is alleged. Otherwise,they are considered documentary evidence if the purpose is toestablish the contents or tenor thereof.

Object evidence may consist of articles or persons, which may beexhibited inside or outside the courtroom; it may also be a mereinspection of an object or an experiment.

Object Evidence Is a tangible object that played some actual role on the matter that gave rise to the litigation. For instance, a knife.

Demonstrative Evidence Is a tangible evidence that merely illustrates a matter of importance in the litigation such as maps, diagrams, models, summaries and other materials created especially for litigation.

The Distinction between object and demonstrative evidence isimportant because it helps determine the standards that the evidencemust meet to be admissible. For Object Evidence, the requiredfoundation relates to proving that the evidence is indeed theobject used in the underlying event. The foundation for DemonstrativeEvidence, does not involve showing that the object was the one usedin the underlying event, but the foundation generally involves theshowing that the demonstrative object fairly represents orillustrates what it is alleged to illustrate.

Physical evidence is the highest form of evidence.

Requisites For The Admissibility Of The Object Evidence:1. Must be relevant to the fact in issue.

Example: In murder case, the prosecution offered in evidence a gun. The gun must have some connection to the crime. There must be a logical nexus between the evidence and the point on which it is offered.

2. Object must be authenticated before it is admitted. Authentication usually consists of showing that the object was involved in underlying event.

The chain of custody method of authentication requires that everylink in the chain of custody every person who possessed the objectsince it was first recognized as being relevant to the case, mustexplain what he did with it.

In order that photographs may be given as evidence, it must be shownthat it is the true and faithful representation of the place orobject which to which they refer. Photographs may be verified by thephotographer or any person acquainted with the object represented andtestify that the same faithfully represents the object.

For tape recordings, the ff. must be shown:1. The recording device was capable of recording testimony2. The operator of the device was competent3. Establishment of the correctness or authenticity of the recording4. Deletions, additions, changes have not been made5. Manner of the preservation of the recording6. Identification of the speakers7. Testimony elicited was voluntarily made.

Authenticated fingerprints may be compared to fingerprints found onthe crime scene.

Two theories on whether the court may compel the plaintiff to submithis body for inspection in personal injury cases:1. No, because the right of a person to be secured of the possession or control of his person is sacred.2. Yes, because if it is not allowed then the court will be an instrument of the grossest injustice and therefore the object for which courts are instituted would be defeated since the courts will be compelled to give a one-sided decision.

Weight of authority favors the first 2nd theory.

The accused may be compelled to submit himself to an inspection ofhis body for the purpose of ascertaining identity or for otherpurpose.

There cannot be any compulsion as to the accused taking dictationfrom the prosecuting officer for the purpose of determining hisparticipation in the offense charged.

Whenever the defendant, at the trial of his case, testifying in hisown behalf, denies that a certain writing or signature is in his ownhand he may on cross-examination be compelled to write in opencourt in order that the jury may be able to compare his handwritingwith the one in question.

Where the object in question cannot be produced in court because itis immovable or inconvenient to remove, it is proper for the tribunalto go to the object in its place and there observe it. Section 2. Documentary evidenceDocumentary EvidenceWritings or any material containing letters, words, numbers, figures,symbols or other modes of written expression offered as proof of theircontent.(Rule 130, Sec.2)

DocumentAny substance having any matter expressed or described upon it bymarks capable of being read.

NOTE: If it is produced without regard to the message which itcontains, it is treated as real evidence.

Bar Exam Question 1994Is the photocopy of the marked P100.00 bills used in the buy-bustoperation real (object) evidence or documentary evidence? Answer: The photocopy of the marked bills is real (object) evidence not documentary evidence, because the marked bills are real evidence.

Is the photocopy admissible in evidence? Answer: Yes, the photocopy is admissible in evidence, because the best evidence rule does not apply to object or real evidence.

Bar Exam Question 2005May a private document be offered, and admitted in evidence both asdocumentary evidence and as object evidence? Explain. Answer: Yes, it can be considered as both documentary and object evidence. A private document may be offered and admitted in evidence both as documentary evidence and as object evidence. A document can also be considered as an object for purposes of the case. Objects as evidence are those addressed to the senses of the court. (Sec. 1, Rule 130, Rules of Court) Documentary evidence consists of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions, offered as proof of their contents. (Sec. 2, Rule 130, Rules of Court) Hence, a private document may be presented as object evidence in order to 'establish certain physical evidence or characteristics that are visible on the paper and writings that comprise the document.

Section 3. Original Document Must Be Produced; Exceptions Best Evidence Rule

General Rule:The original document must be produced.

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

Exceptions:1. When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror2. 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 notice3. When 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 whole4. When the original is a public record in the custody of a public officer or is recorded in a public office

Best Evidence RuleIs that rule which requires the highest grade of evidence obtainableto prove a disputed fact.

Purpose of the rule requiring the production of the best evidence:Is the prevention of fraud because if the best evidence is notpresented then the presumption of suppression of evidence will bepresent.

NOTE: Best evidence rule applies only when the purpose of the proofis to establish the terms of writing.

For the application of the best evidence, it is essential that:The original writing or if it is a private document, be first dulyidentified, and a sufficient and a sufficient foundation be laid,so as to entitle the writing to be admitted in evidence, and itmust be available to the opposite party for cross-examination.

What is the best evidence rule and how is it applied to documents?SUGGESTED ANSWER: If, possible, the best evidence which the natureof the case is susceptible shall always be required, if not available,then the best evidence that can be had shall be allowed.(Kneedler v. Paterno, 85 Phil. 183; 20 Am. Jur. 364) When the subject of inquiry is the contents of a document no evidence shall be admissible other than the original itself. (Sec.3, Rule 130)

Reason for rule:The reason for the best evidence rule is to prevent fraud.(Anglo-American, etc., v. Cannon, 31 Fed. 314).The best evidence rule is a misnomer because it merely requires thebest evidence that is available, and if not available, secondaryevidence shall be allowed.

Application of best evidence rule:The best evidence rule applies only to contents of a writing, whenthose contents are the facts in issue, and not to its execution whichmay be proved by parol testimony or extrinsic papers.(Hernaez v. Mcgarth, 90 Phil. 565)

Bar Exam 1997Give the reasons underlying the adoption of the following rules ofevidence:c) Best Evidence Rule SUGGESTED ANSWER: This Rule is adopted for the prevention of fraud and is declared to be essential to the pure administration of justice. (Moran,Vol. 5, p. 12.) If a party is in possession of such evidence and withholds it, the presumption naturally arises that the better evidence is withheld for fraudulent purposes. (Francisco. Rules of Court, vol. VII. Part I,pp, 121,122)

Bar Exam 1997When A loaned a sum of money to B. A typed a single copy of thepromissory note, which they both signed. A made two photo (xeroxed)copies of the promissory note, giving one copy to B and retaining theother copy. A entrusted the typewritten copy to his counsel forsafekeeping. The copy with A's counsel was destroyed when the lawoffice was burned.a) In an action to collect on the promissory note, which is deemed to be the "original" copy for the purpose of the "Best Evidence Rule"?b) Can the photocopies in the hands of the parties be considered "duplicate original copies"?c) As counsel for A, how will you prove the loan given to A and B?

SUGGESTED ANSWER:a) The copy that was signed and lost is the only "original" copy for purposes of the Best Evidence Rule. (Sec. 4 [b] of Rule 130).b) No, They are not duplicate original copies because there are photocopies which were not signed (Mahilum v.Court of Appeals, 17 SCRA 482), They constitute secondary evidence. (Sec. 5 of Rule 130).c) The loan given by A to B may be proved by secondary evidence through the xeroxed copies of the promissory note. The rules provide that when the original document is lost or destroyed, or cannot be produced in court, the offerer, 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. (Sec. 5 of Rule 130).

Section 4. Original of document

What is an original document?1. The original of a document is one in two the contents of which are the subject of inquiry.2. When a document is in two or more copies, executed at or about the same time, with identical contents, all such copies are equally regarded as originals.3. When an entry is repeated in the regular course, of business, one being copied from another at or near the time of the transaction, all entries are likewise equally regarded as originals.

Document - is a deed, instrument or other duly authorized appear bywhich something is proved, evidenced or set forth.

Documentary evidence is that which is furnished by written instruments,inscriptions and documents of all kinds.

Rule of Exclusion: that which is secondary evidence cannot inceptivelybe introduced as the original writing itself must be produced in court,except in the four instances mentioned in Section 3.

The non-production of the original document unless justified inSection 3, gives rise to the presumption of suppression of evidence.

In the case of real evidence, secondary evidence of the fact in issuemay readily be introduced without having to account for thenon-production of such primary evidence.

With respect to documentary evidence, the best evidence rule appliesonly when the content of such document is the subject of inquiry.

If carbon copies are signed, they are considered as originals.

In criminal cases, where the issue is not only with respect to thecontents of the document but also as to whether such documentactually existed, the original itself must be presented.

Affidavits and depositions are considered as not being the bestevidence, hence not admissible if the affiants or deponents areavailable as witness.

If the issue is the contents of the telegram as received by theaddressee, then the original dispatch received is the best evidenceand on the issue as to the telegram sent by the sender, the originalis the message delivered for transmission. If the issue is theinaccuracy of transmission, both telegrams as sent and receivedare originals.

General Rule: An objection by the party against whom secondaryevidence is sought to be introduced is essential to bring the bestevidence rule into application. Where secondary evidence has beenadmitted, the rule of evidence might have been successfully invokedif proper and timely objection had been taken.

When a duplicate or a copy is amended or altered by the party, itbecomes the original.

Blueprints and vellum tracings have been held to be originals ratherthan copies.

Photocopies are not originals since they are reproduced at a lattertime.

When an entry is repeated in the regular course of business, onebeing copied from another at or near the time of the transaction,all the entries are regarded as originals.

An electronic document shall be regarded as the equivalent of anoriginal document under the Best Evidence Rule if it is a printoutor output readable by sight or other means, shown to reflect thedata accurately.

Bar Exam Question 2003a) State the rule on the admissibility of an electronic evidence.b) When is an electronic evidence regarded as being the equivalent of an original document under the Best Evidence Rule?

SUGGESTED ANSWER:a) Whenever a rule of evidence refers to the term writing, document, record, instrument, memorandum or any other form of writing, such term shall be deemed to include an electronic document as defined in these Rules.

An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules. (Sec.2 of Rule 3) The authenticity of any private electronic document must be proved by evidence that it had been digitally signed and other appropriate security measures have been applied.

b) An electronic document shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means, shown to reflect the data accurately.

Section 5. When original document is unavailableSecondary EvidenceShows that better or primary evidence exists as to the proof of factin question. It is deemed less reliable.

When Secondary Evidence May Be Introduced?1. Original document is unavailable (lost, destroyed or cannot be produced in court)2. Original document is in adverse partys custody/control.3. Original document is a public record.

What Must Be Proved To Admit Secondary Evidence?1. The execution of the original2. Loss, destruction or unavailability of all such originals3. Reasonable diligence and good faith in the search for or attempt to produce the original.

The Due Execution Can Be Proved Through The Testimony Of Either:1. The person who executed it2. The person before whom its execution was acknowledged3. Any person who was present and saw it executed and delivered or who thereafter saw it and recognized the signatures, or one to whom the parties thereto had previously confessed the execution thereof.

Intentional destruction of the originals by a party who, however, hadacted in good faith does not preclude his introduction of secondaryevidence of the contents thereof.

When the original is outside the jurisdiction of the court, as whenit is in a foreign country, secondary evidence is admissible.

Secondary evidence may consist of (in the same order):1. A copy of said document2. Recital of its contents in an authentic document3. The recollection of the witnesses

Where the law specifically provides for the class and quantum ofsecondary evidence to establish the contents of a document, suchrequirement is controlling.

It is not necessary to prove the loss beyond all possibility ofmistake. A reasonable probability of its loss is sufficient, and thismay be shown by bona fide and diligent search for it in place whereit is likely to be found.

Where both parties admit that an instrument has been lost, it issufficient to warrant the reception of secondary evidence.

The fact of loss or destruction must, like any other fact, be provedby a fair preponderance of evidence, and this is sufficient.

The fact that a writing is really a true copy of the original may beshown by the testimony of a person who has had the opportunity tocompare the copy with the original and found it to be correct. Inorder that the testimony of such person may be admissible, it issufficient that the original was read to him by another person whilehe read the copy and found that it corresponded with what was readto him. It is also sufficient where the person who made the originala short time thereafter made a copy by writing down the dictation ofanother reading from the original.

As long as the originals of a public document in the possession ofthe parties have been proven lost, a certified copy of the documentmade before it was lost is admissible as secondary evidence of itscontents, and the burden of proof is upon the party questioning itsauthenticity to show that it is not a true copy of the original.

In proving the contents of the original in some authentic document,it is sufficient if it appears in a private document which is provedto be authentic. Authentic means that the document should begenuine. It need not be a public document.

It is not expected of a witness to state the contents of a documentwith verbal accuracy, it is enough that the substance of the documentsbe stated.

Section 6. When original document is in adverse party's custody or control

If after reasonable notice is given to the adverse party to producethe document and after satisfactory proof of the existence of thedocument is made, he fails to produce the document, secondaryevidence may be presented.

Facts Which Must Be Shown By The Party Offering Secondary Evidence:1. The adverse partys custody or control of the original document2. That reasonable notice was given to the adverse party who has the custody or control of the document3. Satisfactory proof of its existence4. Failure or refusal by the adverse party to produce it in court.

No particular form of notice is required, as long as it fairlyapprises the other party as to what papers are desired.

Even an oral demand in open court for production at a reasonable timethereafter will suffice.

Notice must be given to the adverse party, or his attorney, even ifthe document is in the actual possession of a third party.

Where receipt of the original of a letter is acknowledge on a carboncopy thereof, there is no need for a notice to the other party toproduce the original of the latter.

It should be observed that the duplicate copy, if complete, is itselfan original copy and the only point in issue is the receipt of thebasic original copy thereof.

The justified refusal or failure of the adverse party to produce thedocument does not give rise to the presumption of suppression ofevidence or create an unfavorable inference against him. Itauthorizes the introduction of secondary evidence.

Under this rule, the production of the original document is procuredby mere notice to adverse party and the requirements for such noticemust be complied with as a condition precedent for the subsequentintroduction of secondary evidence by the proponent.

Where the nature of the action is in itself a notice, as where it isfor the recovery or annulment of documents wrongfully obtained orwithheld by the other party, no notice to produce said document isrequired.

Section 7. Evidence admissible when original document is a public recordIts contents may be proved by a certified copy issued by the publicofficer in custody thereof.

Such document may be evidenced by an official publication thereof orby a copy attested by the officer having the legal custody of therecord, and in case of an authorized public record of a privatewriting, the same may also be proved by a copy thereof attested bythe legal keeper of the record.

Procedure for proving the contents of original in the custody ofa public officer:1. When the original of a document2. Is in the custody of a public officer or3. Is recorded in a public office4. Its contents may be proved a. By a certified copy b. Issued by the public officer c. In custody thereof. (Sec. 7 Rule 130)

Section 8. Party who calls for document not bound to offer it

Production of papers or documents upon the trial, pursuant to anotice duly served, does not make such papers or documents evidence.It is not until the party who demanded the production of the papersexamine them and offers them in evidence that they assume the statusof evidentiary matter.

A party who calls for the production of a document and inspects itis not obliged to offer it as evidence.(Rule 130,Sec.8)

Section 9. Evidence of written agreements

Parol Evidence:Any evidence aliunde, whether oral or written, which is intended ortends to vary or contradict a complete and enforceable agreementembodied in a document.

General Rule:When the terms of an agreement have been reduced to writing, it is tobe considered as containing all the terms agreed upon and there canbe, between the parties and their successors in interest, no evidenceof such terms other than the contents of the written agreement.

Exception:A Party may present evidence to modify, explain or add to the termsof the written agreement if he puts in issue in his pleading any ofthe following: a. An intrinsic ambiguity, mistake or imperfection in the written agreement b. The failure of the written agreement to express the true intent and agreement of the parties thereto c. The validity of the written agreement d. The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement

The term agreement includes wills.

The parol evidence rule is based upon the consideration that whenthe parties have reduced their agreement on a particular matterinto writing, all their previous and contemporaneous agreements onthe matter are merged therein, hence evidence of a prior orcontemporaneous verbal agreement is generally not admissible tovary, contradict, or defeat the operation of a valid document.

Formerly, even if there was a written agreement on a particularsubject matter, the parol evidence rule did not apply to or barevidence of a collateral agreement between the same parties on thesame or related subject matter, in the ff instances:1. Where the collateral agreement is not inconsistent with the terms of the written contract2. Where the collateral agreement has not been integrated in and is independent of the written contract as where it is suppletory to the original contract3. Where the collateral agreement is subsequent to or novatory of the written contract 4. Where the collateral agreement constitutes a condition precedent which determines whether the written contract may become operative or effective, but this exception shall not apply to a condition subsequent not stated in the agreement

Parol evidence rule does not apply, and may not properly be invokedby either party to the litigation against the other, where at leastone party to the suit is not a party or privy to the writteninstrument in question and does not base a claim or assert a rightoriginating in the instrument or the relation established thereby.

PNB vs. Seeto 1952The Parol Evidence Rule does not apply to collateral agreements.

Pioneer Savings vs. CAThe rule does not apply to exclude evidence of conditions subsequentin a deed of sale where such conditions were not stated in theagreement.

Woodhouse vs. Halili 1953It also does not apply if the issue revolves around fraud and falserepresentation since they are incidental to the execution and notto the integration.

Lechugas vs. CA 1986It does not apply either when 3rd parties are involved.

Ortaez v. CA 1997The exceptions to the Parol Evidence Rule must be squarely putin issue.

1997 Bar ExaminationGive the reasons underlying the adoption of the following rules ofevidence:a) Dead Man Ruleb) Parol Evidence Rulec) Best Evidence Ruled) The rule against the admission of illegally obtained extrajudicial confessione) The rule against the admission of an offer of compromise in civil cases

Suggested Answer: b) Parol Evidence Rule It is designed to give certainty to a transaction which has been reduced to writing, because written evidence is much more certain and accurate than that which rests on fleeting memory only.

2001 Bar ExaminationPedro filed a complaint against Lucio for the recovery of a sum ofmoney based on a promissory note executed by Lucio. In his complaint,Pedro alleged that although the promissory note says that it is payable within 120 days, the truth is that the note is payableimmediately after 90 days but that if Pedro is willing, he may, uponrequest of Lucio give the latter up to 120 days to pay the note.During the hearing, Pedro testified that the truth is that theagreement between him and Lucio is for the latter to pay immediatelyafter ninety days time. Also, since the original note was with Lucioand the latter would not surrender to Pedro the original note whichLucio kept in a place about one days trip from where he received thenotice to produce the note and in spite of such notice to produce thesame within six hours from receipt of such notice, Lucio failed to doso. Pedro presented a copy of the note which was executed at the sametime as the original and with identical contents.

a) Over the objection of Lucio, will Pedro be allowed to testify as to the true agreement or contents of the promissory note? Why? (2%)

b) Over the objection of Lucio, can Pedro present a copy of the promissory note and have it admitted as valid evidence in his favor? Why? (3%)

Suggested Answers: a) Yes, because Pedro has alleged in his complaint that the promissory note does not express the true intent and agreement of the parties. This is an exception to the parol evidence rule.

b) Yes, the copy in the possession of Pedro is a duplicate original and with identical contents. [Sec. 4(b) of Rule 130. Moreover, the failure of Lucio to produce the original of the note is excusable because he was not given reasonable notice, as requirement under the Rules before secondary evidence may be presented.

Section 10. Interpretation of a writing according to its legal meaning

The language of a writing is to be interpreted according to the legalmeaning it bears in the place of the execution unless the partiesintended otherwise.

Rules on Interpretation of Documents1. Interpretation of a writing according to the legal meaning it bears in the place of execution, unless parties intended otherwise. (Rule 130, Sec.10)2. Instrument construed so as to give effect to all provisions. (Rule 130,Sec.11)3. Parties intention is to be pursued in construction of instrument. In the inconsistency between general and particular provision, the latter prevails. Particular intent controls general one inconsistent with it.(Rule 130, Sec.12)4. The circumstances under which an instrument was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those whose language he is to interpret.(Rule 130,Sec.13)5. The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local/technical/peculiar signification and were so used and understood in the particular instance, in which case the agreement must be construed accordingly.(Rule 130,Sec.14)6. When there is inconsistency between written words and printed words, the former controls over the latter.(Rule 130,Sec.14)7. Experts and interpreters to be used in explaining writings that are difficult to be deciphered, or where the language is not understood by the court.(Rule 130,Sec.16)8. When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it. And when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the provision is made.(Rule 130,Sec.17)9. Construction in favor of natural right.(Rule 130,Sec.18)10.Interpretation according to usage to determine instruments true character.(Rule 130,Sec.19)

Section 11. Instrument construed so as to give effect to all provisions

In the construction of an instrument where there are severalprovisions or particulars, such a construction is, if possible, tobe adopted as will give effect to all.

As a general rule there is need to prove the authenticity of privatedocuments. Are there exceptions to this general rule ? SUGGESTED ANSWER: Yes. There may be no need to prove the a authenticity of private documents: a. When the document is ancient. (Sec. 21, Rule 132, ROC) b. When the execution and genuineness of the document is admitted by the adverse party.(Tria vs. Cruz, 14 Phil.551) c. When the genuineness and due execution of the document is immaterial.(Hicks vs. Coleman, 25 Cal.122)

Section 12. Interpretation according to intention general and particular provisions

In the construction of an instrument, the intention of the partiesis to be pursued and when a general and a particular provisions areinconsistent, the latter is paramount to the former. So a particularintent will control a general one that is inconsistent with it.

Parties intention is to be pursued in construction of instrument.In the inconsistency between general and particular provision, thelatter prevails. Particular intent controls general one inconsistent

with it.(Rule 130,Sec.12)

Section 13. Interpretation according to circumstances

For the proper construction of an instrument, the circumstances underwhich it was made, including the situation of the object thereof andof the parties to it, may be shown, so that the judge may be placedin the position of those whose language he is to interpret.

The circumstances under which an instrument was made, including thesituation of the subject thereof and of the parties to it, may beshown, so that the judge may be placed in the position of those whoselanguage he is to interpret.(Rule 130,Sec.13)

Section 14. Peculiar signification of terms Section 15. Written words control printed Section 16. Experts and interpreters to be used in explaining certain writings Section 17. Of Two constructions, which preferred Section 18. Construction in favor of natural right Section 19. Interpretation according to usage Section 20. Witnesses; their qualifications Section 21. Disqualification by reason of mental incapacity or immaturity Section 22. Disqualification by reason of marriage Section 23. Disqualification by reason of death or insanity of adverse party Section 24. Disqualification by reason of privileged communication Section 25. Parental and filial privilege Section 26. Admission of a party Section 27. Offer of compromise not admissible Section 28. Admission by third party Section 29. Admission by co-partner or agent Section 30. Admission by conspirator Section 31. Admission by privies Section 32. Admission by silence Section 33. Confession Section 34. Similar acts as evidence Section 35. Unaccepted offer Section 36. Testimony generally confined to personal knowledge; hearsay excluded Section 37. Dying declaration Section 38. Declaration against interest Section 39. Act or declaration about pedigree Section 40. Family reputation or tradition regarding pedigree Section 41. Common reputation Section 42. Part of res gestae Section 43. Entries in the course of business Section 44. Entries in official records Section 45. Commercial lists and the like Section 46. Learned treatises Section 47. Testimony or deposition at a former proceeding Section 48. General rule Section 49. Opinion of expert witness Section 50. Opinion of ordinary witnesses Section 51. Character evidence not generally admissible; exceptions:

RULE 131Burden of Proof and Presumptions Section 1. Burden of proof Section 2. Conclusive presumptions Section 3. Disputable presumptions Section 4. No presumption of legitimacy or illegitimacy

RULE 132Presentation of Evidence Section 1. Examination to be done in open court Section 2. Proceedings to be recorded Section 3. Rights and obligations of a witness Section 4. Order in the examination of an individual witness Section 5. Direct examination Section 6. Cross-examination; its purpose and extent Section 7. Re-direct examination; its purpose and extent Section 8. Re-cross-examination Section 9. Recalling witness