Ultimate Facts – means the
essential facts constituting
the plaintiff’s/complainant’s
cause of action
• Such facts are so essential
that they cannot be stricken
out without leaving the
statement of the cause of
action inadequate.
Question of Fact
•Question Form (Preferred)
•Whether…
Issue is Legal
•An issue is legal when the
contending partied assume a
thing exists or has actually
happened, but disagree on
its legal significance or effect
on their rights / obligations.
All legal issues -> SC
Factual Issue -> Trial (RTC,
MTC)
Establishing Facts
•Testimonial Evidence
•Object and Documentary
Evidence
•Circumstantial Evidence
Fact
- Thing / Event
- Something that
exists / does not
exist
- Something that
happened / did not
happen
Well founded belief (Clear
and Sound Idea)
- Must be the result of • (a) Full discussion of known
proper and honest facts of the case in the
inquiries and efforts proceedings
- Must connect to an • (b) Submit affidavits and
objective reality / documents
objective fact - Identity Issues
- Facilitate settlement
Unfounded B.
- Limit scope of trial
• Product of pure
• (c) Not a contest to destroy
subjectivism
the other parties / their
• Distance from
cases
objective world
• But collective effort of all
• Unmindful of the
• To search for the truth and
• To render justice to all
Admission –
Disputed Facts – Must
Benefit:
be proven
(d) Save Court’s time
-Test: Relevancy and
(e) Encourage efficiency
Materiality
Mandatory Disclosure of
Material – when
Evidence
expression /
 Disclose evidence
concealment of w/c
during Pre-trial
would reasonably result
otherwise not
in a diff. decision.
allowed except at
Evidence – Proves fact the discretion of the
court
Due diligence (Check list)
• Company Profile 1. Objective Evidence
• Company Records - Objects s evidence
• Financial Docs are those addressed
•Contracts to the senses of the
•Personnel data court. When an
•Other related transaction object ______ to the
•Stakeholder fact in issue, it may
be exhibited to,
Litigation (Judicial / Quasi- examined / viewed
judicial) by the court
*Investigation - Ruler 130, Section 1
*Evidence-taking (ROE)
2. Documentary
Pre-Trial (Preliminary
Conference) Evidence
Policy - As evidence consists
of writing / any
material containing
 letters, words, -Witness can only Direct Examination
numbers, figures, testify to those facts
Questions – who,
symbols / other w/c he knows of his
what, when, where,
modes of written personal knowledge,
why, which, how
expression that is w/c are
derived from his own • Not leading
Best evidence rule: Original perception, except as question
Sec. 4, Rule 130 (ROE) otherwise provided
a. Original itself in these rules -Leading question
b. Duplicate Original suggests to the
c. Certified Copy •Not a statement of witness the answer
opinion (belief) w/c the examining
Exceptions (Section 3 Rule -Except: Expert party desires
130 ROE) Witness Judicial affidavit
a. Original – Lost -Shall take the place
b. Fails to produce it Witness of such witnesses’
c. Original consists of -Identify direct testimonies
numerous Documentary
documents / other Evidence Contents
documents -Identify Object a. Name, age,
d. Original is public Evidence address
record -Attest to the truth, b. Lawyer
whole truth and c. Oath
3. Testimonial nothing but the truth d. Signature
Evidence – to the facts e. Jurat
Formal written /
Spoken statements Order of Questions and answer
Examination of • concretively numbered
Witness (Section 20 witness
Rule 130) a. Direct • ___ the circumstances
-all (normal) persons examination ___
Cross Examination – Stand in
who can perceive proponent
direct examination or
and perceiving, can b. Cross
connected them
make their examination ___
perception to others opponent -to test the accuracy and
(may be witnesses) c. Re-direct truth ___ and freedom from
examination ___ interest / bias, or the reverse
Perception – result proponent – and to ___ if all important
of our personal d. Re-cross facts ___ upon the issue
senses examination ___
Preparing for cross
opponent
examination:
•Personal knowledge e. Court can ask
except hearsay qualification of • Master the facts
witness
• Make a cross examination
outline

• Do not ask questions w/c

you do not know the answer

• Include just one fact per

question

Evidence is not required:

When there is an admitted
fact