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RULE 128.

GENERAL PROVISIONS EVIDENCE

RULE 129. WHAT NEED NOT BE PROVED RULE 128. GENERAL PROVISIONS

RULE 130. RULES OF ADMISSIBILITY RULE 129. WHAT NEED NOT BE PROVED
A. OBJECT (REAL) EVIDENCE
B. DOCUMENTARY EVIDENCE !!! JUDICIAL NOTICE & JUDICIAL ADMISSIONS DO NOT
1. Best Evidence Rule REQUIRE PROOF
2. Secondary Evidence  Judicial notice – process whereby the court takes note of
certain facts which are capable of being known to a
3. Parol Evidence
veritable certainty by consulting sources of indisputable
4. Interpretation of Documents accuracy.
C. TESTIMONIAL EVIDENCE o Note: hearing is required on both.
1. Qualification of Witness o DURING THE TRIAL- motu proprio or by request 
2. Testimonial Privilege any matter

3. Admissions and Confessions o AFTER THE TRIAL – MP/R  any matter if decisive
of a material issue in the case.
4. Previous Conduct as Evidence
 JUDICIAL ADMISSION – an admission, oral or written,
5. Testimonial Knowledge made by a party in the course of the proceedings in the
6. Exceptions to the Hearsay Rule same case  DOES NOT REQUIRE PROOF.
7. Opinion Rule 1. Actionable document not spec denied
8. Character Evidence 2. Material averment in complaint
RULE 131. BURDEN OF PROOF AND PRESUMPTIONS 3. Request for admission not denied
4. Stipulation of facts
RULE 132. PRESENTATION OF EVIDENCE 5. Admissions in pleadings
A. EXAMINATION OF WITNESS o Default =/ implied admission, court may require
submit evidence
B. AUTHENTICATION AND PROOF OF DOCUMENTS
A. MANDATORY (SIP NTG)
1. States
RULE 133. WEIGHT AND SUFFICIENCY OF EVIDENCE
2. International Law RULE 131. BURDEN OF PROOF AND PRESUMPTIONS
3. Philippines
4. Laws of Nature  BURDEN OF PROOF – Is the duty of the party to
5. Measure of Time present evidence of the facts in issue NECESSARY TO
ESTABLISH his claim or defense by the amount of
6. Geographic Divisions evidence required by law.
B. DISCRETIONARY o Rests on the party asserting the affirmative issue.
1. Matter of public knowledge
2. Capable of unquestionable demonstration  BURDEN OF EVIDENCE – is the duty of the party to go
3. Ought to be known by judges because of thei judicial forward with evidence and which duty, if fulfilled,
functions SHIFTS the burden of evidence to the adverse party.
RULE 130. RULES OF ADMISSIBILITY  EQUIPOISE DOCTRINE – where the party not having
the burden of proof has produced countervailing
D. OBJECT (REAL) EVIDENCE
evidence, the result is that the party with the burden of
E. DOCUMENTARY EVIDENCE proof will lose out on that particular issue.
1. Best Evidence Rule o note: countervailing v. equalizing (in crim
2. Secondary Evidence cases)

3. Parol Evidence  presumption – is an assumption of fact resulting from a


law which requires such fact to be assumed from
4. Interpretation of Documents another fact.
F. TESTIMONIAL EVIDENCE o logical connection (fact in existence and fact
1. Qualification of Witness presumed)
2. Testimonial Privilege  CONCLUSIVE v. DISPUTABLE PRESUMPTION
3. Admissions and Confessions RULE 132. PRESENTATION OF EVIDENCE
4. Previous Conduct as Evidence  Open court and under oath/affirmation
o Unless incapacitated to speak or question calls for a
5. Testimonial Knowledge
different mode of answer
6. Exceptions to the Hearsay Rule  Except:
7. Opinion Rule 1. Summary Procedure (civil)  affidavit
2. Summary Procedure (crim)  affidavit DT subject
8. Character Evidence to cross
3. Judicial Affidavit Rule
4. Re: Admissibility & evidentiary weight of electronic  Leading Questions, when allowed: (PICHUCA)
docs  subject to cross  Preliminary matters
 Form: Q&A – to give opportunity to object  Ignorant witness
 EXN: child witness – narrative form  Cross-exam
C. EXAMINATION OF WITNESS  Hostile or Unwilling witness
 Child witness
 Rights of Witness
 Adverse-party witness
1. Protected from (Ir, Im, In) questions, and from H/I
 Misleading Questions
demeanor.
2. not detained longer  IMPEACHMENT OF A WITNESS – destroy or put in doubt
3. not examined except matters pertinent to issue the credibility of the witness
4. not answer – subject him to a penalty for an offense,  Methods: (CRIC)
UOPL 1. Contradictory Evidence – testimony is
5. not answer – degrade his reputation, unless it is the wrong or untrue  not just to show
very fact in issue / or it’s the fact from which fact in inconsistency, but to show outright witness is
issue be presumed lying – Predicate need not be laid
a. but must answer to the fact of his previous 2. Reputation Evidence – witness’ general
final conviction for an offense reputation for truth, honesty, or integrity is
bad. Cant be used to impeach own witness.
3. Inconsistent Statement
A. Direct- is the exam-in-chief of witness (by party presenting 4. Conviction (final) – for any offense, not just
him) on the facts relevant to the issue for perjury or false testi
B. Cross- purpose:  LAYING THE PREDICATE (WREA)
a. Any matter stated in DE or connected therewith a) If statement in WRITING, it must be first shown
b. ALL important facts bearing upon the issue b) Statement must be RELATED TO HIM, with the
i. Note: English v. American Rule.  we follow circumstances of the tpp
English, except: c) He must be ASKED if he made such statement
1. Adverse-party witness/ hostile or d) If so, EXPLAIN the inconsistency
unwilling witness
2. Cross of an accused – not to be
compelled as a witness against himself  Evidence of good character of witness is INADMISSIBLE,
C. Re-Direct – to explain or supplement answers given during unless it has been IMPEACHED.
Cross.  matters not dealt with in Cross  yes, but  Party impeach his own witness (UHA)
discretionary o UNWILLING OR HOSTILE WITNESS – declared by
D. Re-Cross – matters not prev dealt with  yes, but court
discretionary 1. Adverse interest
2. Unjustified reluctance to testify
 RECALLING OF WITNESS – YES, with LEAVE OF COURT 3. Having mislead the party into calling him
o ADVERSE-PARTY WITNESS
1. Adverse party
2. DOM of a CPA which is an adverse party.
 Note: hostile witness may be impeached as if he had been
called by the adverse party, except by evidence of his bad
character
 JAR is not applicable to UHA. No need to present JA, written
interrogatories is enough.
 Present Memory Refreshed (PMR)  no independent
evidentiary value unless qualifies as independent docu
evidence.
(RFK)
a) RECORDED by the witness or under his direction
b) At the time when the facts are FRESH in his memory
c) And he KNEW that the fact is correctly recorded
 Past Recollection Recorded (PRR)  retains no
recollection of facts but may testify from the writing or
record, provided, able to swear that the record CSTM
(correctly stated the transaction when made)  MUST
comply with BER.

D. AUTHENTICATION AND PROOF OF DOCUMENTS

RULE 133. WEIGHT AND SUFFICIENCY OF EVIDENCE

JUDICIAL AFFIDAVIT RULE


- Applies to all actions, proceedings, and incidents,
requiring the reception of evidence (before the C, IB/O,
SpecC, QJB
- Crim case:
1. Penalty less than 6 yrs
2. Accused agrees
3. Wrt to civil aspect, regardless of penalty