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Rule 128
Section 1. EVIDENCE DEFINED
Evidence is the means, sanctioned by the Rules of Court, of
ascertaining in a judicial proceeding the truth respecting a matter of
fact.
Any material which tends to persuade the court of the truth or
probability of some facts asserted before it.
Four Component Elements:
1. Evidence as a means of ascertainment includes not only
the procedure or manner of ascertainment but also the
evidentiary fact from which the truth respecting a matter of
fact may be ascertained.
2. Sanctioned by these rules not excluded but must be
allowed by the rules of court or by law.
3. In a judicial proceeding contemplates an action or
proceeding filed in a court of law; not a mere dispute
between two contending parties.
4. The truth respecting a matter of fact refers to an issue of
fact and is both:
a. Substantive determines the facts to be established;
and
b. Procedural governs the manner of proving said facts.
General Rule: all facts in issue and relevant facts must be proven by
evidence.
Exceptions: (JAPAKI)
1. Facts which are subject to judicial notice;
2. Facts which are admitted or which are not denied in the
answer, provided they have been sufficiently alleged;
3. Facts which are legally presumed;
4. Those which are the subject of an agreed statement of facts
between the parties as well as those admitted by the party in
the course of the proceedings in the same case;
5. Facts peculiarly within the knowledge of the opposite party;
and
6. Allegations contained in the complaint or answer immaterial
to the issues.
Distinctions:
Evidence is the medium by which a fact is proved or disproved.
Proof is the effect or result of evidence. It is the probative effect of
conviction or persuasion of the mind resulting from the consideration
of the evidence.
Evidence is a comprehensive term that includes testimony.
Testimony is only a part of evidence. It is a kind of evidence
presented in a trial by witnesses verbally.
place where the house of X was burned and the place where the
house of X was burned is a negative evidence.
3. Expert evidence it is the testimony of one possessing in
regard to a particular subject or usually acquired by other
person.
4. Substantial evidence is the amount of relevant evidence
which a reasonable mind might accept as adequate to justify
a conclusion.
Rules of evidence have been classified into: Rules of Probative
Policy and rules of Extrinsic policy
A. Rules of Probative Policy
1. Exclusionary rules exclude certain kinds of evidence
on grounds partly of relevancy and partly of policy
(example: character evidence is generally not admissible
unless the character is the issue)
2. Preferential rules require one kind of evidence in
preference to any other (example: under the best
evidence rule, when the content of a document is the
subject of inquiry, the best evidence is the original
document).
3. Analytic rules subject certain kinds of evidence to rigid
scrutiny, so as to expose its possible weakness and
shortcoming (example: the rules require that an
opportunity must be given to cross-examine the witness,
without this opportunity, the testimony is hearsay and
generally excluded.)
4. Prophylactic rules apply beforehand to prevent risk of
falsify or mistake (example: it is required that a witness
take an oath or affirmation before testifying.)
5. Quantitative rules require certain kinds of evidence to be
produced in specific quantity. These rules require then to
be associated with other evidence when presented
(example: an extra judicial; confession made by an
Once the primary source (the tree) is shown to have been unlawfully
obtained, any secondary evidence (the fruit) derived from it is also
inadmissible. Stated otherwise, illegally seized evidence is obtained
as a direct result of the illegal act, whereas the fruit of the poisonous
tree is at least once removed from the illegally seized evidence, but
is equally in admissible. The rule is based on the principle that
evidence illegally obtained by the state should not be used to gain
other evidence because the originally obtained evidence taints all
evidence subsequently obtained.
The fruit of the poisonous tree is likewise known as the but for test
or taint doctrine. The test is whether or not the evidence could not
have been obtained but for the illegal action of the police.
Admissibility of electronic documents an electronic document is
admissible evidence if:
a. It complies with the rules on admissibility prescribed by the
rules of court and related laws;
b. It is authenticated in the manner prescribed by the rules on
electronic evidence (rule 3, section 2 on rules on electronic
evidence).
Admissibility of evidence obtained in violation of RA 1405: law on
secrecy on bank deposits
GR: all deposits with banking institutions in the Philippines including
investments in bonds issued by the government of the Philippines
are considered as of an absolutely confidential nature and may not
be examined, inquired or looked into by any person, government
official, bureau or office.
Exception: upon written permission of the depositor, or in cases of
impeachment, or upon order of a competent court in cases of bribery
or dereliction of duty of public officials, or in cases where the money
deposited or invested is the subject matter of the litigation. Section 2