I.

Introduction and Admissibility of Evidence

A. General Principles

Agreements and Stipulations of Fact

RULE 128

General Provisions

Section 1. Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining
in a judicial proceeding the truth respecting a matter of fact.

Section 2. Scope. — The 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.

Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is
not excluded by the law of these rules.

Section 4. Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue
as to induce belief in its existence or non-existence. 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.

RULE 18 – Pre-trial

Section 2(d): The pre-trial is mandatory. The court shall consider: The possibility of obtaining
stipulations or admissions of facts and of documents to avoid unnecessary proof;

Section 6. Pre-trial brief. — The parties shall file with the court and serve on the adverse party, in
such manner as shall ensure their receipt thereof at least three (3) days before the date of the pre-
trial, their respective pre-trial briefs which shall contain, among others:

(b) A summary of admitted facts and proposed stipulation of facts;

Section 7. Record of pre-trial. — The proceedings in the pre-trial shall be recorded. Upon the
termination thereof, the court shall issue an order which shall recite in detail the matters taken up in
the conference, the action taken thereon, the amendments allowed to the pleadings, and the
agreements or admissions made by the parties as to any of the matters considered. Should the
action proceed to trial, the order shall, explicitly define and limit the issues to be tried. The contents
of the order shall control the subsequent course of the action, unless modified before trial to prevent
manifest injustice.

RULE 30 -Trial

Section 6. Agreed statement of facts. — The parties to any action may agree, in writing, upon the
facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without
the introduction of evidence. If the parties agree only on some of the facts in issue, the trial shall be
held as to the disputed facts in such order as the court shall prescribe.

RULE 118 – Pre-trial

Section 1. Pre-trial; mandatory in criminal cases. — In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within
thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a
shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial
conference to consider the following:

(b) stipulation of facts;

Conclusive Presumptions

RULE 131 - Burden of Proof and Presumptions

Section 2. Conclusive presumptions. — The following are instances of conclusive presumptions:

(a) Whenever a party has, by his own declaration, act, or omission, intentionally and
deliberately led to another to believe a particular thing true, and to act upon such belief, he
cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify
it:

(b) The tenant is not permitted to deny the title of his landlord at the time of commencement
of the relation of landlord and tenant between them. (3a)

Judgment on the Pleadings

RULE 35

Summary Judgments

Section 1. Summary judgment for claimant. — A party seeking to recover upon a claim,
counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in
answer thereto has been served, move with supporting affidavits, depositions or admissions for a
summary judgment in his favor upon all or any part thereof.

Section 2. Summary judgment for defending party. — A party against whom a claim, counterclaim,
or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting
affidavits, depositions or admissions for a summary judgment in his favor as to all or any part
thereof.

Section 3. Motion and proceedings thereon. — The motion shall be served at least ten (10) days
before the time specified for the hearing. The adverse party may serve opposing affidavits,
depositions, or admissions at least three (3) days before the hearing. After the hearing, the judgment
sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions, and
admissions on file, show that, except as to the amount of damages, there is no genuine issue as to
any material fact and that the moving party is entitled to a judgment as a matter of law.

Section 4. Case not fully adjudicated on motion. — If on motion under this Rule, judgment is not
rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court at the
hearing of the motion, by examining the pleadings and the evidence before it and by interrogating
counsel shall ascertain what material facts exist without substantial controversy and what are
actually and in good faith controverted. It shall thereupon make an order specifying the facts that
appear without substantial controversy, including the extent to which the amount of damages or
other relief is not in controversy, and directing such further proceedings in the action as are just. The
facts so specified shall be deemed established, and the trial shall be conducted on the controverted
facts accordingly.

Section 5. Form of affidavits and supporting papers. — Supporting and opposing affidavits shall be
made on personal knowledge, shall set forth such facts as would be admissible in evidence, and
shall show affirmatively that the affiant is competent to testify to the matters stated therein. Certified
true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or
served therewith.

Section 6. Affidavits in bad faith. — Should it appear to its satisfaction at any time that any of the
affidavits presented pursuant to this Rule are presented in bad faith, or solely for the purpose of
delay, the court shall forthwith order the offending party or counsel to pay to the other party the
amount of the reasonable expenses which the filing of the affidavits caused him to incur including
attorney's fees, it may, after hearing further adjudge the offending party or counsel guilty of
contempt.

RULE 129

What Need Not Be Proved

Section 1. Judicial notice, when mandatory. — 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 and 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
legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of
time, and the geographical divisions. (1a)

Section 4. Judicial admissions. — An admission, verbal or written, made by the 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.
(2a)

Rules on Electronic Evidence

RULE 1

COVERAGE

SECTION 1. Scope. - Unless otherwise provided herein, these Rules shall apply whenever an
electronic data message, as defined in Rule 2 hereof, is offered or used in evidence.

SEC. 2. Cases covered. - These Rules shall apply to all civil actions and proceedings, as well as
quasi-judicial and administrative cases.

B. Relevance
RULE 128

General Provisions

Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is
not excluded by the law of these rules. (3a)

Section 4. Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue
as to induce belief in its existence or non-existence. 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. (4a)

C. Competence

1. Exclusionary Rules Under thr 1987 Constitution

1987 Constitution Art. III – Bill of Rightd

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.

Section 17. No person shall be compelled to be a witness against himself.

2. Statutory Rules of Exlusion

a. Tax Reform Act of 1997

Section 201. Effect of Failure to Stamp Taxable Document. - An instrument, document or paper
which is required by law to be stamped and which has been signed, issued, accepted or transferred
without being duly stamped, shall not be recorded, nor shall it or any copy thereof or any record of
transfer of the same be admitted or used in evidence in any court until the requisite stamp or stamps
are affixed thereto and cancelled.