Fundamental Concepts

in Legal Reasoning

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Outline of Discussion
A. What is Evidence?
B. Burden of Proof vs. Burden of Evidence
C. Relevance and Admissibility; Rules of Relevancy and Rules of
Competency
D. Testimony of Witness
E. Expert Testimony
F. Examination
G.Dependence on Precedents
Evidence Defined
FUNDAMENTAL CONCEPTS IN LEGAL REASONING

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 Evidence
means, sanctioned by these rules, of
ascertaining in a judicial proceeding the
truth respecting a matter of fact.
(Rule 128, Sec. 1, Rules of Court)

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 Evidence
Any species of proof, or probative matter, legally
presented at the trial of an issue, by the (1) act of the
parties and (2) through the medium of witnesses,
records, documents, exhibits, concrete objects, etc., for
the purpose of inducing belief in the minds of the
court or jury as to their contention.
(Taylor v. Howard, 111 R.I. 527, 304 A2d 891, 893.)

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Burden of Proof
vs. Burden of Evidence
FUNDAMENTAL CONCEPTS IN LEGAL REASONING

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 Burden of Proof
• the obligation imposed upon a party who alleges the existence of
a fact or thing necessary in the prosecution or defense of an action to
establish it by proof
• the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of
evidence required by law.
• It means the burden of establishing a case, whether by a
preponderance of the evidence, or beyond a reasonable doubt, or
by substantial evidence.

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 Who has Burden of Proof?
• lies in the first instance with the party who initiated the action or
proceeding, that is, the plaintiff.
• no strict and rigid rule that the primary burden of proof is on the
party who brings suit; rather, this is generally speaking, taken for
granted because of expediency and inherent justice, and not because
of initiative action.

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Who has Burden of Proof
But, where the defendant, either in positive and express
terms or by the character and nature of his pleadings, admits
the cause of action alleged by the plaintiff, he thereby
absolved the plaintiff from the necessity of making any proof
in support of his claim; in such case the burden of proof rests
with the defendant, and rest with him until the issue is met.

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 Burden of Evidence
• ascertaining the truth respecting a matter of fact
• connotes the burden of going forward with the evidence or that
logical necessity which rests on a party at any particular time during
the trial to create a prima facie case in his favor, or to overthrow one
when created against him.

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 Burden of Evidence
• may be through testimony of a witness, presentation of an object or
document

• for presentation of witnesses, their testimonies must undergo several

examinations( direct, cross, redirect, re-cross examination) to ascertain
it truthfulness and veracity

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 Distinction
BURDEN OF PROOF NEVER SHIFTS
• This remains throughout the entire case exactly where the pleadings
originally placed it.
• The party whether plaintiff or defendant, who substantially asserts the
affirmative of the issue has this burden of proof. It is on him at the
beginning of the case; it continues on him through the case

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 Distinction
BURDEN OF EVIDENCE ON THE
OTHER HAND SHIFTS
• It has no necessary connection with the pleadings, but is determined by
the progress of the trial
• shifts to one party when the other has produced sufficient evidence to
be entitled as a matter of law to a ruling in his favor

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Relevance and Admissibility;
Rules of Relevancy and Rules of
Competency
FUNDAMENTAL CONCEPTS IN LEGAL REASONING

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 Admissibility vs. Weight (Probative
Value) vs. Credibility
Admissibility Probative Value Credibility

WON evidence WON evidence

is to be WON it proves is worthy of
considered at an issue belief
all

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When Evidence
is Admissible
Sec. 3. Admissibility
of evidence. —
Evidence is
admissible when it is
relevant to the issue
and is not excluded
by the law of these
rules.
(Rule 128, Rules of Court)
In order that evidence may be
admissible, two (2) requisites must
concur under the Rules of Court,
namely:
1. That the evidence is RELEVANT
to the issue; and
2. That it is COMPETENT that is, it
is not excluded by the law or the
rules
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 Evidence is “relevant” when
it has such a relation to the
When Evidence fact/s in issue (immediate
is Relevant
Sec. 4. Relevancy;
fact in issue or ultimate fact
collateral matters. —
Evidence must have
in issue) as to induce belief
such a relation to the as to its existence or non-
fact in issue as to
induce belief in its existence
existence or non-
existence. x x x
(Rule 128, Rules of Court)

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 Sample Scenarios
1. A is accused of a crime
When Evidence a) After the commission of the alleged
is Relevant crime he absconded; or
b) Was in possession of property or the
proceeds of property acquired through
the crime; or
c) Attempted to conceal things which
were or might have been used in
committing it

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 Sample Scenarios
2. A sues B for inducing C to break a
When Evidence contract of service made by him
is Relevant with A
a) RELEVANT: The statement of C, on leaving A’s
service: “I am leaving you because B has
made me a better offer”
3. A sues B for damages done by B’s dog
which B knew to be ferocious
a) RELEVANT: The fact that a dog had
previously bitten X, Y and Z and that they
made complaints to B is relevant

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 Sample Scenarios
4. Car Accident Scenario
When Evidence a) IRRELEVANT: Testimony offering to prove
is Relevant defendant is a thief
b) RELEVANT: Testimony that defendant was
driving at a speed of 120kph in a 60kph
limit zone
i. Immediate fact in issue: Defendant’s driving beyond
the speed limit
ii. Ultimate fact in issue: Issue of negligence
c) Immediate fact in issue must be
relevant to the ultimate fact in issue

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 Relevance vs. Competence
Relevance Competence
a matter of relationship between the Based on the law or rules. If the law
evidence and the fact in issue. The or a particular rule excludes the
determination of relevance is a matter evidence, it is incompetent.
of inference and not of law. The test is Competence, therefore is a matter of
one of logic, common sense, and law or rule.
experience.

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 Competency of Evidence
The following are some rules that exclude certain types of evidence:
a) Best Evidence Rule (Rule 130, Part B (1), Rules of Court)
b) Parol Evidence Rule (Rule 130, Part B (3), Rules of Court)
c) Hearsay Evidence Rule (Rule 130, Part C (5), Rules of Court)
d) Exclusionary provisions in the Constitution such as evidence obtained in
violation of:
◦ right against unreasonable searches and seizures (Article III, Sec. 2)
◦ right to privacy of communication and correspondence (Article III, Sec. 3);
◦ confessions and admissions obtained in violation of the rights of person under investigation for the
commission of an offense (Article III, Sec. 12 (3)); and
◦ right against self incrimination (Article III, Sec. 17)

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 When the subject of inquiry is the
contents of a document, no
evidence shall be admissible other
Best Evidence than the original document itself.
Rule
When the subject of inquiry is
other than the contents of a
document, such as due execution
or existence of a document, other
evidence are admissible (e.g.
testimonial evidence, object
evidence, secondary evidence).
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 Evidence of written agreements.
— When the terms of an
Parol Evidence agreement have been reduced to
Rule writing, it is considered as
containing all the terms agreed
upon and there can be, between
the parties and their successors in
interest, no evidence of such
terms other than the contents of
the written agreement.

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Testimony of Witness
(Testimonial Evidence)
FUNDAMENTAL CONCEPTS IN LEGAL REASONING

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Testimony of Testimonial or oral evidence is
Witness evidence elicited from the mouth of
a witness.

Refer to Rule 132 of the Rules of

Court regarding Examination

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 Qualification of a Witness
1) He can perceive (Rule 130, Part C (1), Sec. 20, Rules of
Court);
2) He can make known his perception to others (Rule 130,
Part C (1), Sec. 20, Rules of Court);
3) He must take either an oath or an affirmation (Rule
132, Sec. 20, Rules of Court); and
4) He must not possess any of the disqualifications
imposed by law or the rules (Rule 130, Part C (1), Rules
of Court)
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 Must have personal
knowledge of the facts
Ability to
Perceive surrounding the subject
matter of his testimony
Hearsay Evidence Rule: A witness can testify
only to those facts which he knows of his
personal knowledge, that is, those which are
derived from his own perception (Rule 130
Part C (5), Sec. 36)

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Ability to make
known the
Perception to Two (2) Factors
others
1. Ability to remember what
has been perceived; and
2. Ability to communicate the
remembered perception

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 Competence of a Witness

Refers to the personal qualifications

to testify and includes the absence
of any factor that would disqualify
him from being a witness.
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Factors that do
not affect the 1. Religious belief
competency of a
witness 2. Political belief
Sec. 20. Witnesses; their
qualifications. — x x x 3. Interest in the outcome of the
xxx case
Religious or political belief, interest
in the outcome of the case, or
4. Conviction of a crime, unless
conviction of a crime unless
otherwise provided by law, shall
not be ground for disqualification.
otherwise provided by law
(Rule 130, Rules of Court)

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 1) By reason of Mental Incapacity or Immaturity
2) By reason of Marriage (Spousal Immunity)
Disqualification 3) By reason of Marital Privilege
of a Witness 4) By reason of Death or Insanity of Adverse Party
(Dead Man’s Statute)
5) By reason of Privileged Communication
between:
a. husband and wife (marital privilege)
b. attorney and client (attorney-client privilege)
c. doctor and patient (doctor-patient confidentiality)
d. priest and penitent (In accordance with the Canon Law)
e. public officers (communication made in official
confidence)
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Expert Testimony
FUNDAMENTAL CONCEPTS IN LEGAL REASONING

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 It refers to statements made by
individuals who are considered as
Expert experts in a particular field.
Testimony
Under the Rules of Court, the
opinion of a witness on a matter
requiring special knowledge, skill,
experience or training which he is
known to posses, may be received
in evidence.
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 Under Sec. 46, Rule 130 (Rules on
Admissibility) of the Rules of Court,
Learned Treatises are admissible, if:
Expert
Testimony 1. It’s a published treatise, periodical or
pamphlet is on a subject of history, law,
Sec. 46. Learned treatises. —
A published treatise, science, or art; and
periodical or pamphlet on a
subject of history, law, 2. The Court takes judicial notice of it, or
science, or art is admissible
as tending to prove the truth
of a matter stated therein if
the court takes judicial
3. The witness expert in the subject testifies
notice, or a witness expert in that the writer of the statement in the
the subject testifies, that the
writer of the statement in treatise, periodical or pamphlet is
the treatise, periodical or
pamphlet is recognized in recognized in his profession or calling as
his profession or calling as expert in the subject
expert in the subject.
(Rule 130, Rules of Court)
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Examination
FUNDAMENTAL CONCEPTS IN LEGAL REASONING

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 Requisites in
Examining a Witness
Examination of a witness must be done in open court and under
oath or affirmation. Unless incapacitated to speak, or the
question calls for a different mode of answer, all answers shall
be given orally.
(Rule 132, Sec. 1, Rules of Court)

Entire proceedings of a trial or a hearing must be recorded.

Certified transcripts of the record of the proceedings shall be
deemed prima facie a correct statement of such proceedings
(Rule 132, Sec. 2, Rules of Court)

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Purpose of Examination
TO F IN D O U T FACT S F RO M T H E W IT N E S S

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Order of Examination
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent.
(Rule 132, Sec. 4, Rules of Court)

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 Direct Examination
the examination-in-chief of a witness by
the party presenting him on the facts
relevant to the issue.
(Rule 132, Sec. 5, Rules of Court)

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 Effective Direct
Examination:
Direct 1. Keep it simple
Examination 2. Organize logically
3. Introduce the witness and develop his
background
4. Use preliminary questions which are
introductory, transition or orienting
questions
5. Elicit scene description
6. Elicit general flowing description.

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 Effective Direct
Direct
Examination:
Examination 7. Use pace in describing action
8. Use simple language
9. Have the witness explain
10. Use non-leading open-ended
questions
11. Use exhibits to highlight and
summarize
12. Practice with the witness.
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 Cross Examination
Upon the termination of the direct examination, the witness
may be cross-examined by the adverse party as to many
matters stated in the direct examination, or connected
therewith, with sufficient fullness and freedom to test his
accuracy and truthfulness and freedom from interest or
bias, or the reverse, and to elicit all important facts bearing
upon the issue.
(Rule 132, Sec. 6, Rules of Court)

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Cross
Examination

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 Purpose and
Cross
Extent
Examination 1. Conducted upon termination of the
direct examination
2. Questions in the examination must be in
connection to the matters stated in the
direct examination
3. Carried out in order to:
a. test the accuracy and truthfulness and
freedom from interest or bias of the
witness, or
b. elicit important facts bearing upon the
issue
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Cross
Examination
Kinds
1.Constructive
2.Destructive
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 Basic Rules
1. Prepare
Cross 2. Know your objective
Examination 3. Observe pacing and patience
4. Lead the witness
5. Have a style and adapt it to the occasion
6. Know when to quit
7. Know what materials to take to confront the
witness
8. Know the judge
9. Know the rules of evidence

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 Redirect Examination
After the cross-examination of the witness has been
concluded, he may be re-examined by the party calling him,
to explain or supplement his answers given during the
cross-examination. On re-direct-examination, questions on
matters not dealt with during the cross-examination, may
be allowed by the court in its discretion.
(Rule 132, Sec. 7, Rules of Court)

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 Purpose and
Redirect
Examination
Extent
1. Conducted upon conclusion of the
cross examination
2. Explain or supplement his answers
given during the cross-examination
3. Questions on matters not dealt with
during the cross-examination, may
be allowed by the court in its
discretion
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Re-cross Examination
Upon the conclusion of the re-direct examination, the
adverse party may re-cross-examine the witness on matters
stated in his re-direct examination, and also on such other
matters as may be allowed by the court in its discretion.
(Rule 132, Sec. 8, Rules of Court)

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Dependence on Precedents
FUNDAMENTAL CONCEPTS IN LEGAL REASONING

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 Stare Decisis
Derived from the Latin maxim:
Stare decisis et non quieta movere
(“from settled precedents, there must be no
departure” or “let the decision stand”)

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Origins of Stare Decisis

Applied by the English Courts and later

adopted by the United States.

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 Stare Decisis
General Rule:
When a point has been settled by a decision, it
becomes a precedent which should be followed in
subsequent case before the same court.

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 • Embodied in Article 8 of the
New Civil Code
Stare Decisis • Enjoins the adherence to
Art. 8. Judicial judicial precedents
decisions applying or
interpreting the laws • Once a question of law has
or the Constitution shall been examined and decided,
form a part of the
legal system of the it should be deemed settled
Philippines.
and closed to further
(Chapter 1, Civil Code)
arguments.
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 • Exception: If doctrine is found
Stare Decisis to be contrary to law or
erroneous, it should be
Art. 8. Judicial
decisions applying or abandoned
interpreting the laws
or the Constitution shall
• When a prior ruling of the
form a part of the Court has been overruled and
legal system of the a different view is adopted,
Philippines.
(Chapter 1, Civil Code)
the old doctrine is also
abandoned.
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 Strains of Stare Decisis
VERTICAL HORIZONTAL
• the duty of lower courts to • requires that high courts
apply the decisions of the must follow its own
higher courts to cases precedents
involving the same facts • viewed as a policy,
• viewed as an obligation imposing choice but not a
command
Ting vs. Velez-Ting (582 SCRA 694)

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 Kinds of Horizontal
Stare Decisis
CONSTITUTIONAL STATUTORY
involves judicial interpretations of
interpretations of the statutes
Constitution
Ting vs. Velez-Ting (582 SCRA 694)

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 • Applies ONLY to principles
and/or jurisprudence found in
the decisions promulgated by
Stare Decisis the Supreme Court

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Stare Decisis • Precedents ensures not only
Art. 8. Judicial the stability of the Judicial
decisions applying or
interpreting the laws
Process but also strengthens
or the Constitution shall our justice system allowing for
form a part of the
legal system of the
continuity and consistency
Philippines.
(Chapter 1, Civil Code)

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Stare Decisis • Precedents ensures not only
Art. 8. Judicial the stability of the Judicial
decisions applying or
interpreting the laws
Process but also strengthens
or the Constitution shall our justice system allowing for
form a part of the
legal system of the
continuity and consistency
Philippines.
(Chapter 1, Civil Code)

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 Reasons for Court’s
Adherence to Stare Decisis
1. Legitimizes judicial institutions;
2. Promotes judicial economy; and,
3. Allows for predictability
Ting vs. Velez-Ting (582 SCRA 694)

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Thank You!

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