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Evidence

Introduction Evidence: Defined It is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact (Sec 1, Rule 128). Applicability The rules on evidence shall only be applicable in Judicial Proceedings (Sec 1, Rule 128). Exceptions The rules on evidence shall not apply to election cases, land registration proceedings, naturalization proceedings, and other cases not provided in the rules of court, EXCEPT by analogy or in a suppletory character and whenever practicable and convenient (Sec 4, Rule 1). The rules on electronic evidence shall apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases (Sec 2, Rule 1, Rules on Electronic Evidence). Dispensability When the pleadings does not tender an issue (implied admission) Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse partys pleading, the court may, on motion of that party, direct judgment on such pleading (Sec 1, Rule 34). When there is a waiver The parties to any action may agree, in writing, upon the facts in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence (Sec 6, Rule 30). When the matter is subject to mandatory judicial notice A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government, symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their 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 the geographical divisions (Sec 1, Rule 129). When there is an express admission An admission verbal or written, made by a party in the course of the proceedings in the same case, does not require proof (Sec 4, Rule 129). Scope The rules of evidence shall be the same in all courts and in all trials and hearing, except as otherwise provided by law or these rules (Sec 2, Rule 128). Admissibility Evidence is admissible when it is relevant to the issue and is not excluded by law or the rules of court (Sec 3, Rule 128). When is evidence relevant? Evidence is relevant when it has such a relation to the fact in issue as to induce belief in its existence or non-existence (Sec 4, Rule 128). Exception Evidence on collateral matters shall not be allowed, EXCEPT when it tends, in any reasonable degree, to establish the probability or improbability of the fact in issue (Sec 4, Rule 128).

Examples An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as to naturally call for action or comment if true, and whenever proper and possible for him to do so, may be given in evidence against him (Sec 32, Rule 130). Evidence that one or one did not do a certain thing at one time is not admissible to prove that he did or did not do the same or a similar thing at another time; but it may be received to prove a specific intent or knowledge, identity, plan, system, scheme, habit, custom or usage, and the like (Sec 34, Rule 130). An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if rejected without valid cause, equivalent to the actual production and tender of the money, instrument, or property (Sec 35, Rule 130). Categories of evidence Evidence that affirms or shows that a certain state of facts does exist or that a certain event happened is Positive Evidence. Evidence, on the other hand, that affirms or shows that a certain state of facts alleged to exist did not exist or that a certain event did not occur is Negative Evidence. Evidence which if believed, proves the existence of a fact in issue without inference or presumption if Direct Evidence. Evidence that indirectly proves a fact in issue through an inference which the fact finder draws from the evidence established is Circumstantial or Indirect Evidence. Evidence of the same kind and character as to that already given and tends to prove the same proposition is Cumulative Evidence. Evidence that is supplementary to that already given tending to strengthen or confirm it is Corroborative Evidence. What need not be proved Mandatory Judicial Notice A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government, symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their 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 the geographical divisions (Sec 1, Rule 129). Discretionary Judicial Notice A court may take judicial notice or matters which are of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions (Sec 2, Rule 129). When hearing necessary During the trial, the court, on its own initiative or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon. After the trial and before judgment, or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case (Sec 3, Rule 129). -o0oAdmissions Explicit Judicial Admissions An admission verbal or written, made by a party in the course of the proceedings in the same case, does not require proof.

The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made (Sec 4, Rule 129). * All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused (Sec 2, Rule 118). Implied Judicial Admissions Material averments in a complaint, other than those as to the amount of unliquidated damages, shall be deemed admitted when not specifically denied. Allegations of usury in a complaint to recover usurious interest are deemed admitted if not denied under oath (Sec 11, Rule 9). When an action or defense is founded upon a written instrument, copied in or attached to the corresponding pleading as provided in Sec 7 of Rule 9, the genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets forth what he claims to be the facts (Sec 8, Rule 9). Exception When the adverse party does not appear to be a party to the instrument or when compliance with an order for an inspection of the original instrument is refused (Sec 8, Rule 9) Each of the matters of which an admission is requested, under Sec 1 of Rule 26, shall be deemed admitted unless, within a period designated in the request, which shall not be less than fifteen (15) days after service thereof, or within such further time as the court may allow on motion, the party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters (Sec 2, Rule 26). An offer of compromise by the accused may be received in evidence as an implied admission of guilt (2nd Paragraph, Sec 27, Rule 130). Other admissions and confessions The act, declaration or omission of a party as to a relevant fact may be given in evidence against him (Sec 26, Rule 130). In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror. In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt. A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to a lesser offense, is not admissible in evidence against the accused who made the plea or offer. An offer to pay or the payment of medical, hospital, or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury (Sec 27, Rule 130). The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as provided in Sec 29 of Rule 130 (Sec 28, Rule 130). The act or declaration of a partner or agent of the party within the scope of his authority and during the existence of the partnership or agency, may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party (Sec 29, Rule 130). The act or declaration of a conspirator relating to a conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act or declaration (Sec 30, Rule 130). Where one derives title to property from another, the act, declaration, or omission of the latter, while holding the title, in relation to the property, is evidence against the former (Sec 31, Rule 130). An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as to naturally call for action or comment if true, and whenever proper and possible for him to do so, may be given in evidence against him (Sec 32, Rule 130).

The declaration of an accused acknowledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him (Sec 33, Rule 130). Evidence that one or one did not do a certain thing at one time is not admissible to prove that he did or did not do the same or a similar thing at another time; but it may be received to prove a specific intent or knowledge, identity, plan, system, scheme, habit, custom or usage, and the like (Sec 34, Rule 130). An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if rejected without valid cause, equivalent to the actual production and tender of the money, instrument, or property (Sec 35, Rule 130). Kinds of admissions Implied admission is an admission which may be inferred from the declarations or acts of a person. Express admission is a positive statement or act. Judicial admission is made in the course of a judicial proceeding. Extrajudicial admission is made out of court or even in a proceeding other than the one under consideration. Adoptive admission is made by manifesting ones assent to the statements of another person. -o0oObject and Documentary Evidence Object Evidence Object as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court (Sec 1, Rule 130). Admissibility It is admissible when it is relevant to the fact in issue and is not excluded by law or the Rules of Court (Sec 3, Rule 128). Electronic Evidence Audio, photographic, and video evidence of events, acts, or transactions shall be admissible provided it shall be shown, presented, or displayed to the court and shall be identified, explained, or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof (Sec 1, Rule 11, Rules on Electronic Evidence). How are these admitted? Before any private electronic document offered as authentic is received in evidence, its authenticity must be proved by any of the following means: (a) By evidence that it had been digitally signed by the person purported to have signed the same; (b) By evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for authentication of electronic documents were applied to the document; or (c) By other evidence showing its integrity and reliability to the satisfaction of the judge (Sec 1, Rule 5, Rules on Electronic Evidence). All matters relating to the admissibility and evidentiary weight of an electronic document may be established by an affidavit stating facts of direct personal knowledge of the affiant or based on authentic records. The affidavit must affirmatively show the competence of the affiant to testify on the matters contained therein (Sec 1, Rule 9, Rules on Electronic Evidence). The affiant shall be made to affirm the contents of the affidavit in open court and may be cross-examined as a matter of right by the adverse party (Sec 2, Rule 9, Rules on Electronic Evidence).

Applicability The rules on electronic evidence shall apply to all civil actions and proceedings, as well as quasijudicial and administrative cases (Sec 2, Rule 1, Rules on Electronic Evidence). Rules on DNA Evidence The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily in the appreciation of DNA Evidence (2 nd Paragraph, Sec 7, Rules on DNA Evidence). In assessing the probative value of the DNA Evidence presented, the court shall consider the following: (a) The chain of custody, including how the biological samples were collected, how they were handled, and the possibility of contamination of the samples; (b) The DNA testing methodology, including the procedures followed in analyzing the samples, the advantages and disadvantages of the procedure, and compliance with the scientifically valid standards in conducting the tests; (c) The forensic DNA laboratory, including accreditation by any reputable standards-setting institution and the qualification of the analyst who conducted the tests. If the laboratory is not credited, the relevant experience of the laboratory in forensic casework and credibility shall be properly established; (d) The reliability of the testing result, as hereinafter provided (Sec 7, Rules on DNA Evidence). In evaluating whether the DNA testing methodology is reliable, the court shall consider the following: (a) The falsibility of the principles or methods used, that is, whether the theory or technique can be and has tested; (b) The subjection to peer review and publication of the principles or methods; (c) The general acceptance of the principles or methods by the relevant scientific community; (d) The existence and maintenance of standards and controls to ensure the correctness of data generated; (e) The existence of an appropriate reference population database; and (f) The general degree of confidence attributed to mathematical calculations used in comparing DNA profiles and the significance and limitation of statistical calculations used in comparing DNA profiles (Sec 8, Rules on Electronic Evidence). Applicability The Rules on DNA Evidence shall apply whenever DNA Evidence is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as well as special proceedings (Sec 1, Rules on DNA Evidence). Documentary Evidence Documents as 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 on Electronic Evidence Electronic Document It refers to information or the representation of information, data, figures, symbols, or other modes of written expressions, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored,

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