1. What is Evidence?

Under Section 1, Rule 128 of the Rules of Court, Evidence is the means, sanctioned by
these rules, of ascertaining in a judicial proceedings the truth respecting a matter of
fact.

2. What are the Kinds of Admissibility?

a. Conditional Admissibility – the evidentiary rule that when a piece of evidence is not
itself admissible, but is admissible if certain other facts make it relevant, the
evidence becomes admissible on condition that the counsel will later introduce the
connecting facts.
b. Curative Admissibility – the rule that an inadmissible piece of evidence maybe
admitted if offered to cure or counteract the effect of some similar piece of
opponent’s evidence that itself should not have been admitted.
c. Limited Admissibility – the principle that testimony or exhibit may be admitted into
evidence for a restricted purpose.
d. Multiple Admissibility – the evidentiary rule that although a piece of evidence is
inadmissible under one rule for the purpose given in offering it, it is nevertheless
admissible if relevant and offered for some other purpose not forbidden by the
rules of evidence.

3. Define Factum, Factum Probandum and Factum Probans

Factum – a fact, event, doing; a statement of facts.

Factum Probandum – the facts to be proved; a fact which is in issue, and to which
evidence is to be directed.

Factum Probans – a probative or evidentiary fact; a piece of circumstantial evidence.

4. What are the two universally accepted principles of admissibility?

a. That none but facts having rational probative value are admissible; and
b. That all facts having rational probative value are admissible unless some specific
rule forbids their admission.

5. What is the difference between the admissibility of evidence and the determination of
its probative weight?

Admissibility of evidence refers to the question of whether or not the circumstance or

evidence is to be considered at all.

On the other hand, the probative value of evidence refers to the question of whether
or not it proves an issue.

6. Does the statistics provided by the PSA (formerly NSO) that 99% of the population in
the Philippines are Filipinos mean that things have happened according to the ordinary
course of nature and the ordinary habits of life?

Yes. In Poe-Llamanzares vs COMELEC, the SC held that:

 There is a disputable presumption that things have happened according to the
ordinary course of nature and the ordinary habits of life. All of the foregoing evidence,
that a person with typical Filipino features is abandoned in Catholic Church in a
municipality where the population of the Philippines is overwhelmingly Filipinos such
that there would be more than 99% chance that a child born in the province would be
a Filipino, would indicate more than ample probability if not statistical certainty, that
petitioner’s parents are Filipinos. That probability and the evidence on which it is based
are admissible under Rule 128, Section 4 of the Revised Rules on Evidence.

7. What is judicial notice? Explain.

Judicial notice is the cognizance of certain facts that judges may properly take and act
on without proof because these facts are already known to them. Otherwise stated,
by the taking of judicial notice, the court dispenses with the traditional form of
presentation of evidence, i.e. the rigorous rules of evidence and court proceedings
such as cross examination.

8. In what instances is judicial notice mandatory?

Judicial notice is mandatory in the following:

a. The existence and territorial extent of states;
b. Political history;
c. Forms of government and symbols of nationality;
d. The law of nations;
e. The admiralty and maritime courts of the world and their seals;
f. The political constitution and history of the Philippines;
g. The official acts of the legislative, executive and judicial departments of the
Philippines.

9. Requisites of Judicial Notice:

a. The matter must be one of common and general knowledge;

b. It must be well and authoritatively settled and not doubtful or uncertain;
and
c. It must be known to be within the limits of the jurisdiction of the court.

10. What is the concept of judicial notice? Explain.

Judicial Notice is the cognizance of certain facts that judges may properly take and act
on without proof because these facts are already known to them. Put differently, it is
the assumption by a court of a fact without need of further traditional evidentiary
support. The principle is based on convenience and expediency in securing and
introducing evidence on matters which are not ordinarily capable of dispute and are
not bona fide disputed.

11. Can the court take judicial notice of the articles appearing in the website?

No. It patently lacks a requisite for it to be of judicial notice to the court because such
article is not well and authoritatively settled and is doubtful or uncertain.

12. Can the court take judicial notice that the kidneys of a person were both in their proper
anatomical locations at the time of operation?
 Yes. It need not be proved as it is covered by mandatory judicial notice. Thus, in the
case of Atienza vs Board of Medicine, SC said that it may take judicial notice that
Editha’s kidneys before, and at the time of, her operation, as with most human beings,
were in their proper anatomical locations.

13. Can the court take judicial notice of a foreign law cited as reference by a party in the
pleadings?

No. In Maquiling vs COMELEC, SC held that the court cannot take judicial notice of
foreign laws which must be presented as public documents of a foreign country and
must be evidenced by an official publication thereof. Mere reference to a foreign law
in a pleading does not suffice for it to be considered in deciding a case.

14. PROBLEM:

Can the court take the minority of AAA as a judicial notice based on the Medical
Certificate as admitted by the defense?

No. In People vs Metin, citing the case of People vs Rivera, the SC held that the trial
court could only take judicial notice of the victim’s minority when the latter is, for
example, 10 years or below. Otherwise, the prosecution has the burden of proving the
victim’s age at the time of the rape. As required by Section 3, Rule 129, of the Rules
of Court, in any other matters such as age, a hearing is required before courts can
take judicial notice of such fact.

15. PROBLEM:

Is the RTC of Iliyan correct? Explain.

Yes. As a rule, courts do not take judicial notice of the evidence presented in other
proceedings, even if these have been tried or are pending in the same court or before
the same judge. This rule, however, is not absolute. In Juaban vs Espina, the SC held
that, in some instances, courts have also taken judicial notice of proceedings in other
cases that are closely connected to the matter in controversy. These cases may be so
closely interwoven, or so clearly interdependent, as to invoke a rule of judicial notice.
The RTC Branch 123 of Iliyan, therefore, acted well within its authority in taking
cognizance of the records of the extrajudicial foreclosure proceedings.

16. What are judicial admissions?

Judicial admissions are those made in court by a person’s attorney for the purpose of
being used as a substitute for the regular legal evidence of the facts at trial.

Judicial admission is an admission, verbal or written, made by a party in the course of

the proceedings in the same case, which dispenses with the need for proof with respect
to the matter or fact admitted. It may be contradicted only by a showing that it was
made through palpable mistake or that no such admission was made.

17. Can the stipulation entered into by the parties during the pre-trial be considered a
judicial admission?
 Yes. Stipulation of facts at the pre-trial constitutes judicial admissions which are
binding and conclusive upon the parties.

18. What are the exceptions to the conclusiveness of judicial admissions and dispensation
of proof?

1. When it is shown that the admission was made through palpable mistake; and
2. When it is shown that no such admission was in fact made.

19. What is the effect of a judicial admission in the pleadings such as the Answer of a
party to a case?

Statements in the Answer made by a party constitute judicial admissions, which are
legally binding on them. It is settled that statements made in the pleadings in the
course of the judicial proceedings are considered judicial admissions. Judicial
admissions cannot be controverted by the party making the admissions. They are
conclusive and legally binding as against the pleader who cannot subsequently take a
position contrary to or inconsistent with what was pleaded.

20. What are the instances that a party in a case may make judicial admissions?

1. In the pleadings filed by the parties;

2. In the course of the trial, either verbal or written manifestations or stipulations; or
3. In other stages of the judicial proceeding as in the pre-trial of the case.

21. What is the effect of a judicial admission?

In Gubatanga v. Bodoy, the SC held that a judicial admission binds the person who
makes the same, and absent any showing that this was made through palpable
mistake, no amount of rationalization can offset it.

22. Can a judicial admission be contradicted by the admitter himself?

No. It is an established principle that judicial admissions cannot be contradicted by the

admitter who is the party himself and binds the person who makes the same. In Vidar
vs People, SC held that a judicial admission conclusively binds the party making it. He
cannot thereafter take a position contradictory to or inconsistent with his pleading.
Moreover, when a party adopts a certain theory in the lower court, he is not allowed
to change his theory on appeal, for to allow him to do so would not only be unfair to
the other party but would also be offensive to the basic rules of fair play, justice and
due process.

23. What is object evidence?

Anything which comes within the cognizance or scrutiny of the senses, especially
anything tangible or visible.

24. What does corpus delicti mean in drug cases?

Corpus delicti in drug cases constitutes the drug itself.

25. What is the purpose of the chain of custody rule in drug cases?
 The chain of custody requirement aims to ensure that the integrity and evidentiary
value of the seized item are preserved, so much so that doubts as to the identity of
the evidence are removed.

26. What is the effect if the prosecution failed to establish the chain of custody in drug
cases?

The failure to establish the chain of custody is fatal to the prosecution’s case. There
can be no crime of illegal possession of a prohibited drug when doubts persist on
whether the item confiscated was the same specimen examined and established to be
the prohibited drug.

27. Can the accused be still held criminally liable for violations of RA 9165 despite failure
to faithfully observe the provision of Section 21?

Yes. It is settled that an accused may still be found guilty despite the failure to faithfully
observe the requirements provided under Section 21 for as long as the chain of custody
remains unbroken.

28. What is a document?

Wharton defines a document as an instrument upon which is recorded, by means of

letters, figures, or marks, matter which may evidentially be used.

29. When can the best evidence rule be applied?

The best evidence rule applies only when the content of such document is the subject
of the inquiry. Where the issue is only as to whether such document was actually
executed, or exists, or on the circumstances relevant to or surrounding its execution,
the best evidence rule does not apply and testimonial evidence is admissible.

The best evidence rule prohibits the introduction into evidence of secondary evidence
unless it is shown that original document has been lost, destroyed or is lost beyond
jurisdiction of court without fault of offering party; if original document is lost, then
secondary evidence is properly admissible.

30. Can the fax or photocopy of the marriage contract and the canonical certificate of
marriage be admitted as evidence of the fact of marriage between the parties?

No. In Calimag vs Heirs of Silvestra N. Macapaz, the SC held that the fax or photocopy
of the marriage contract and the canonical certificate of marriage cannot be used as
legal basis to establish the fact of marriage without running afoul with the provision of
the first paragraph of Section 3, Rule 130 of the Rules of Evidence.

31. Will the court admit the summary of the voluminous original documents with the party
invoking Section 3(c), Rule 130 of the ROC?

Yes. If the party has shown that the underlying writings are numerous and that an in-
court examination of these documents would be inconvenient. In other words, Section
3 (c), Rule 130 of the Rules of Court does away with the item-by-item court
 identification and authentication of voluminous exhibits which would only be
burdensome and tedious for the parties and the court.

32. What is the condition precedent to the admission of the summary of numerous
documents? Explain.

The proponent must lay a proper foundation for the admission of the original
documents on which the summary is based. The proponent must prove that the source
documents being summarized are also admissible if presented in court.

33. What is the reason for the procedural foundations in the admission of the summary of
numerous documents in lieu of the originals? Explain.

The primary reason for these procedural foundations is that the summary of numerous
documents is hearsay evidence. The trial court should not haphazardly allow a party
to present a summary of numerous documents and immediately admit and give
probative value to such summary without sufficiently laying these foundations.

34. What must be established by a party presenting photocopies of the original

documents?

If a party desires to present photocopies of the original documents, he must first

establish that the presentation of photocopies is justified under Section 3 a, b, and/or
d, Rule 130 of the ROC. He must establish the presence of all the elements under
these provisions.

35. What must be proven by a party offering secondary evidence due to lost or destroyed
original documents?

In the case of lost or destroyed documents, the offeror of non-original documents

must first prove the following elements before secondary evidence is admitted before
the court:

a. The existence or due execution of the original;

b. The loss and destruction of the original, or the reason for its non-production in
court; and
c. The absence of bad faith on the part of the offeror to which the unavailability of
the original can be attributed.

36. Can an unsigned Affidavit, which identified photocopied documents and was not
objected to by the adverse party, be given probative value?

No. In Republic vs Mupas, SC held that the affidavit cannot be said to have atleast
substantially complied with the requirements laid down in Section 3 a, b and d, Rule
130 of the ROC for the admissibility of the photocopies as secondary evidence. Thus,
the documents allegedly supporting the attendant costs are hearsay evidence. As held
in the case of PNOC Shipping vs CA, a hearsay evidence has no probative value and
should be disregarded whether objected to or not.

37. Can the Transcript of Records showing excellence in conduct of a student be

considered as evidence for his innocence in an administrative case against him?
 No. In Cudia vs The Superintendent of PMA, it was held that while his Transcript of
Records may reflect not only his outstanding academic performance but also his
excellent grade in subjects on conduct during his four-year stay in the PMA, it does
not necessarily follow that he is innocent of the offense charged.

38. What is the original of a writing or recording? Explain.

An original of a writing or recording is the writing or recording itself or any counterpart

intended to have the same effect by a person executing or issuing it.

39. Explain the concept of the Best Evidence Rule.

Under the best evidence rule, when the subject of inquiry relates to the contents of a
document, no evidence shall be admissible other than the original document itself.

The best evidence rule ensures that the exact contents of the document are brought
before the court. It likewise acts as an insurance against fraud. It also protects against
misleading inferences resulting from the intentional or unintentional introduction of
selected portions of a larger set of writings.

40. Are there exceptions to the Best Evidence Rule?

Yes. In BPI vs Mendoza, the SC said that, as exceptions to the best evidence rule,
Section 3, Rule 130 of the Rules of Court provides that non-original documents may
be produced in court in the following cases:

a. When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
b. When the original is in the custody or under the control of the party against whom
the evidence is offered, and the latter fails to produce it after reasonable notice;
c. When the original consists of numerous accounts or other documents which cannot
be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole; and
d. When the original is a public record in the custody of a public officer or is recorded
in a public office.

41. When can the presentation of the original document be dispensed with?

In Estrada vs Hon. Desierto, SC held that the production of the original may be
dispensed with if the opponent does not dispute the contents of the document and no
other useful purpose would be served by requiring its production. In such case, the
secondary evidence of the content of the writing would be received in evidence if no
objection was made to its reception.

42. What does secondary evidence mean?

Evidence that is inferior to the primary or best evidence and that becomes admissible
when the primary or best evidence is lost or inaccessible.

43. When can secondary evidence be admissible?

 In Dantis vs Maghinang, Jr., SC held that a secondary evidence is admissible only upon
compliance with Rule 130, Section 5. Accordingly, the offeror of the secondary
evidence is burdened to satisfactorily prove the predicates thereof.

44. Can a photocopy of a document be admitted in evidence? Explain.

No. In Robiñol vs Bassig, SC held that a photocopy, being a mere secondary evidence,
is not admissible unless it is shown that the original is unavailable.

45. Are certified Xerox copies of documents issued by a custodian public officer admissible
as evidence?

Yes. Certified Xerox copies of marriage contracts issued by a public officer in custody
thereof, are admissible as the best evidence of their contents, as provided for under
Section 7, Rule 130 of the Rules of Court.

46. What is parol evidence rule? Explain.

Per this rule, reduction to written form, regardless of the formalities observed, forbids
any addition to, or contradiction of, the terms of a written agreement by testimony or
other evidence purporting to show that different terms were agreed upon by the
parties, varying the purport of the written contract.

47. When can the parol evidence be invoked?

In Marquez vs Espejo, SC held that the Parol Evidence Rule is exclusive only as
between the parties and their successor-in-interest. The Parol evidence rule may not
be invoked where at least one of the parties to the suit is not a party or a privy of a
party to the written document in question, and does not base his claim on the
instrument or assert a right originating in the instrument.

48. PROBLEM:

Based on the facts, will the parol evidence rule apply? Explain.

No. Petitioner Gabarda was not a party in the extra-judicial settlement and absolute
sale executed by Dima and his co-heirs. Likewise, Dima was not a party to the Deed
of Sale entered into by and between Gabarda and the Spouses Cabañes. Hence, the
inapplicability of the Parol Evidence Rule. It has been held that when the parties admit
the contents of written documents but put in issue whether these documents
adequately and correctly express the true intention of the parties, the deciding body
is authorized to look beyond these instruments and into the contemporaneous and
subsequent actions of the parties in order to determine such intent.

49. While it is a basic rule on evidence that the original copy prevails over a mere
photocopy, there is no harm if in a case, both the original and a photocopy thereof
were authenticated, identified and formally offered in evidence by the party proponent.

What is then the effect if the party failed to deny the genuineness and due execution
of the document subject of the case?
 In Santos vs Alcazar, SC held that the genuineness and due execution of the subject
document is deemed admitted. Hence, defenses such that the signature is a forgery;
or that it was unauthorized; or that the party charged signed the instrument in some
other capacity than that alleged in the pleading setting it out; or that it was never
delivered; are cut off by the admission of its genuineness and due execution.

50. If the adverse party has already made an admission, is there a need to prove the due
execution and authenticity of the subject document?

No. there is no need for proof of execution and authenticity with respect to documents
the genuineness and due execution of which are admitted by the adverse party. The
document is valid and binding between the parties who executed it, as a document
evidencing the agreement they had entered into. The effect of the admission is such
that a prima facie case is made for the plaintiff which dispenses with the necessity of
evidence on his part and entitles him to a judgment on the pleadings unless a special
defense of new matter, such as payment, is interposed by the defendant.

51. Is medical certificate necessary in a rape case?

No. The absence of a medical certificate is not fatal to the cause of the prosecution.
In view of the intrinsic nature of rape, the only evidence that can be offered to prove
the guilt of the offender is the testimony of the offended party. Even absent a medical
certificate, her testimony, standing alone, can be made the basis of conviction if such
testimony is credible.

52. PROBLEM:

What is the liability of Angustia?

Angustia is liable as guarantor. The written word “guarantor” prevails over the
typewritten word “witness”. In case of conflict, the written word prevails over the
printed word. This is anchored on the provision of Section 15 of Rule 130. The rationale
is that the written words are the latest expression of the will of the parties.

53. What is the probative value of an expert opinion on written instrument?

It is doctrine that opinions of handwriting experts are not conclusive upon courts or
tribunals on the issue of authenticity of signatures. The weight that may be given to
opinions of handwriting experts varies and largely depends on the quality of the
opinion itself. Before such opinions may be accepted and given probative value, it is
indispensable that the integrity and soundness of the procedure undertaken by the
expert in arriving at his conclusion, as well as the qualifications of the expert himself,
must first be established satisfactorily.

54. Who is qualified to be a witness?

Anyone who is sensible and aware of a relevant event or incident, and can
communicate such awareness, experience, or observation to others can be a witness.
Age, religion, ethnicity, gender, educational attainment, or social status are not
necessary to qualify a person to be a witness, so long as he does not possess any of
the disqualifications as listed in the rules.
55. Who is tasked to assess the credibility of a witness?

The assessment of the credibility of witnesses is a domain best left to the trial court
judge because of his unique opportunity to observe the deportment and demeanor of
a witness on the stand. The court has consistently relied on the assessment and
credibility by the trial court because the factual findings of the trial court, particularly
those bearing on such assessment, are the product of the trial judge’s peculiar
opportunity to observe the deportment and demeanor of the witnesses while they
personally appear and testify during the trial, as contrasted with the dependence by
the appellate courts on the mute pages of the records of the trial. Thus, an appellate
court will not disturb the credence of the trial court accorded testimonies of the
witnesses unless the trial court is shown to have overlooked or arbitrarily disregarded
facts and circumstances of significance in the correct resolution of the case.

56. How should the court treat the testimony of a child witness?

In People vs Garcia, SC held that the testimonies of child-victims are normally given
full weight and credit. Under the Rules of Court, a child may be a competent witness,
unless the trial court determines upon proper showing that the child’s mental maturity
is such as to render him incapable of perceiving the facts respecting which he is to be
examined and of relating the facts truthfully. Once it is established that the child fully
understands the character and nature of an oath, the testimony is given full credence.

57. How testimonies are be considered?

Such testimony must be considered in its entirety and not in truncated parts.

58. Who is considered as a credible witness?

A credible witness must be able to narrate a convincing and logical story.

59. How can the court assess the credibility of the prosecution witnesses?

Where there is no evidence, to indicate that the prosecution witnesses were actuated
by improper motive, the presumption is that they were not so actuated and that their
testimonies are entitled to full faith and credit.

60. How can bias on the testimony of the prosecution witness be proven?

Personal motive should be supported by satisfactory proof.

61. In case of inconsistency between the affidavit of a witness and his testimony in open
court, which shall prevail?

It is settled that affidavits or statements taken ex parte are generally considered

incomplete and inaccurate. Thus, by nature, they are inferior to testimony given in
court, and whenever there is inconsistency between the affidavit and the testimony of
a witness in court, the testimony commands greater weight.

62. If the party failed to present its witness who prepared a document previously marked
during the pre-trial, what is the effect on its probative value? Explain.
 It has no probative value for being hearsay. It is a basic rule that evidence, whether
oral or documentary is hearsay, if its probative value is not based on the personal
knowledge of the witness but on the knowledge of another person who is not on the
witness stand. Moreover, an unverified and unidentified private document cannot be
accorded probative value. It is precluded because the party against whom it is
presented is deprived of the right opportunity to cross-examine the person to whom
the statements or writings are attributed.

63. In murder cases, is the lone statement of the witness enough to convict the accused?

Yes. It is settled that the testimony of a single witness, if credible, is enough to warrant
conviction.

64. What is the weight of testimonial evidence as compared to documentary evidence in

murder cases for purposes of computing the loss of earning capacity of the victim?

Testimonial evidence, if not questioned for credibility, bears the same weight as
documentary evidence.

65. What is the presumption on the testimony given by a public officer?

In the absence of any controverting evidence, the testimonies of public officers are
given full faith and credence, as they are presumed to have acted in the regular
performance of their official duties. However, presumption of regularity in the
performance of official duty cannot by itself override the constitutional right of the
accused to be presumed innocent unless overcome by strong, clear and compelling
evidence.