EVIDENCE the means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact.

(Rule 128, Sec. 1.) Scope of applicability rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. Evidentiary Privilege- entitles the privilege holder to withhold competent evidence and, in some circumstances, to prevent others from revealing such evidence. Executive Privilege- members of the executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations or procedures of the executive branch. FACTUM PROBANDUM vs. FACTUM PROBANS Factum Probandum-proposition to be established. The fact/s in issue. Factum Probans- materials evidencing the proposition EVIDENCE vs. PROOF Proof- is the effect of evidence. It is the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the latter. Evidence- is the cause necessary to establish proof. EXCLUSIONARY RULES under the RULES OF COURT 1. Best Evidence Rule 2. Parole Evidence 3. Hearsay Rule Wigmores Axiom of Admissibility None but facts having rational probative value are admissibleILLUSTRATION: In a trial for homicide, the fact is offered that the accused was requested, with others, to touch the corpse of the murdered man to see if blood flowed, but that he refused to do so; this is admissible, not because the flowing or retention of the blood at the guilty mans touch would be rationally evidential of his guilt, but because his refusal to do could constitute a link to the chain of evidence necessary to produce a moral conviction of guilt. Direct vs. Circumstantial Evidence Direct- Evidence that directly proves a fact without need to make inference from another fact Circumstantial- Indirectly proves a fact in issue through an inference which the fact finder draws from the evidence established Cumulative v. Corroborative Cumulative- evidence of the same kind that tends to prove the same fact Corroborative- evidence which tends to confirm, validate or strengthen evidence already presented. Evidence may be of the same kind or different kind and tends to prove the same fact. Positive v. Negative Evidence Positive- A witness affirms in the stand that a certain state of facts do exist or that a certain event happened.Negative- A witness states that an event did not occur or that the facts alleged to exist did not actually exist. Derivative Evidence- type of evidence that is inadmissible as proof because of the application of the fruit of the poisonous tree doctrine, which treats the original evidence and any evidence derived from it as tainted because of the illegal way in which it was obtained by agents of the government. Rebuttal Evidence- offered to contradict other evidence or to rebut a resumption of fact. Admissibility v. Weight Evidence is ADMISSIBLE when it is relevant and is not excluded by any rule. Probative value or WEIGHT is to be determined by the court when it decides the case MULTIPLE ADMISSIBILITY Evidence is admissible for two or more purposes. CURATIVE ADMISSIBILITY There is curative admissibility when a party offers an inadmissible fact which is received because there is no objection by the other party. What Need Not be Proved 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. Conclusive presumptions d. Disputable presumptions not disputed Distinguish mandatory judicial notice from discretionary judicial notice. a. 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. b. 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. c. Discretionary judicial notice requires a hearing and presentation of evidence WHILE mandatory judicial notice does not require hearing and presentation of evidence.

FOREIGN LAWS In general, courts may not take judicial notice of foreign laws, EXCEPT in a few instances where, in the exercise of sound discretion, they may take judicial notice of such foreign laws of which they are evidently familiar. (Delgado v. Republic, L-2546, January 28, 1950; Pardo v. Republic, 85 Phil. 323) When foreign laws may be the subject of judicial notice. a. When the local court is evidently familiar with the foreign law. b. When the foreign law refers to the law of nations. (Sec. 1, Rule 129, ROC) c. When the court takes judicial notice of a published treatise, periodical or pamphlet on a subject of law as a learned treartise. (Sec. 46, Rule 130, Ibid.) d. When the foreign statute is acepted by the Philippine governemnt. (Republic v. Guanzon, 61 SCRA 360) e. When a foreign judgmen containing foreign law is recognized for enforcement. (Sec. 48, Rule 39, ROC) f. If the foreign law refers to common law doctrines and rules from which many of our laws were derived. (Alzua v. Johnson, 21 Phil. 308) Doctrine of Processual Presumption: Foreign law is the same as the law of the forum. Judicial Admissions Rule 129, Sec. 4 admissions, verbal or written, made by the party in the course of the proceedings in the same case -Proof is not required. -How contradicted Adoptive Admissions A partys reaction to a statement or action by another person when it is reasonable to treat the partys reaction as an admission of something stated or implied by the other person. Adopted Confessions A co-accused impliedly acquiesced in or adopted the others confession by not questioning its truthfulness, as where it was made in his presence and he did not demonstrate against his being implicated therein AUTOPTIC PROFERENCE (VIEW OF AN OBJECT) - Where the object in question cannot be produced in court because it is immovable or inconvenient to remove, the natural recourse is for the court to order an ocular inspection and go to the object in its place and observe it there. DEMONSTRATIVE EVIDENCE - one which or represents demonstrates the real thing. After complying with the BEST EVIDENCE RULE will the court necessarily admit the original writing? No. 1) The requirements of authentication of documents must be met PRIVATE DOCUMENTS. How Proven = Rule 132, Sec. 20 Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either: (1) by anyone who say the document executed or written; or (2) by evidence of the genuineness of the signature or handwriting of the maker. Any other private document need only be identified as that which it is claimed to be. Nature of parol evidence rule: It is not a rule of evidence but of substantive law. It is part of the law of contracts, the law of negotiable instruments, and the law of wills. It is founded upon the substantive rights of the parties. It was made part of the rules of evidence in order that it may be considered in all its phases in one place. Contemporaneous agreement. A contemporaneous agreement is one entered into at the same time as the agreement which has been reduced to writing. FALSA DEMONSTRATION NON NOCET False description will not invalidate an instrument The erroneous description will be considered as a surplusage. Best evidence rule distinguished from parol evidence rule: 1) Under the best evidence rule, the issue is contents of a writing (Sec. 3, Rule 130, ROC) WHILE under the parol evidence rule, there is no issue as to contents of a writing (Sec. 9, Rule 130, ROC); 2) Under the best evidence rule, secondary evidence is offered to prove the contents of a writing, which is not allowed unless the case falls under any of the exceptions (Sec. 3, Rule 130, ROC) WHILE under the parol evidence rule, the purpose of the offer of parol evidence is to change, vary, modify, qualify, or contradict the terms of a complete written agreement, which is not allowed unless the case falls under any of the exceptions. PAROLE EVIDENCE DISTINGUISHED FROM STATUTE OF FRAUDS The Statute of Frauds requires that certain agreements be proved by writing or by some note or memorandum thereof in order to be enforceable. On the other hand, the Parole Evidence Rule has nothing to do with the manner of proving agreements. Its object is to prohibit alteration, change, modification, variation or contradiction of the terms of a written agreement by parol evidence. LAST LINK DOCTRINE: Non-privileged information, such as

identity of the client is protected if the revelation of such information would necessarily reveal the privileged information. Admissions Rule 130, Sec. 26 - Any act, declaration or omission of a party as to a relevant fact may be given in evidence against him. , system, scheme, habit, custom or usage, and the like. Confessions Rule 130, Sec. 133; Rule 115 (e); Art. III, Sec. 17, 1987 Constitution - 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.