Evidence 07/13/2024 Proof = result or effect of evidence.

Not the
evidence itself
Is the means ascertaining the truth (the truth would
depend on the evidence admitted in court) Evidence =
Evidence is not the end in itself but only the means.
Truth is the purpose of evidence. FACTUM PROBANDUM= fact in issue, the fact or
Goal: Legal truth proposition to be established and to which the
evidence is directed
Apply only to judicial proceedings not election, Ex: In Criminal case. WON the accused killed the
land registration, cadastral, naturalization, victim ( what is to be proven)
insolvency and other cases cannot be used exc by
analogy or suppletorily FACTUM PROBANS = the facts or material
evidencing the fact or proposition to be established.
Rules on Electronic Evidence, it shall apply to all The probative or evidentiary
civil actions and proceedings and quasi-judicial and
administrative cases ( this is bc of Rule 1, Sec 2) FACTS THAT NEED NOT BE PROVED:
May 1, 2020 1. Judicial notice – take and act upon without
proof
Kinds of Evidence: When JN of a fact may be taken: during pre-trial,
1. Object during trial, after trial and before judgment or
2. Documentary appeal
3. Testimonial
Kinds of Judicial Notice:
When will the Evidence be admissible? 1. Mandatory (sec. 1, R129)
-first obstacle: to have the evidence admitted in 2. Discretionary Judicial Notice (example a.
court matters wc are of public knowledge;
covid-19 pandemic, b. capable of
When relevant to the issue and not excluded by the unquestionable demonstration;
constitution mathematical formula, computation, c.
ought to be known to judges because of
-why Constitution bec in Art. 3, there are a lot of their judicial functions; proceedings
exclusionary provisions in Evidence known before her court, subpoenas sent,
stenographic notes etc.
Axioms of Admissibility
1. Relevancy – tends in any reasonable degree JN of Foreign Laws
to establish the probability of improbability - Courts cannot take JN of foreign laws.
of a fact in issue They must be alleged and proved.
- A matter of logic. Is it relevant? - However, when the foreign law refers to
- 1+1 = 2 that is evidence or 1+1= 11 that a law of nations, said law is subject
is also evidence if it can be shown it will mandatory judicial notice under (Sec. 1,
equal to 11 R129)
What about Rule of nations? Like Hague
2. Competent – not excluded by law, the Convention, Apostille etc) Yes, bc law of NATIONS
constitution and the rules. The ground for
objection and to the competency DOCTRINE OF PROCESSUAL PRESUMPTION
3 requisites for admissibility: – If foreign law is not pleaded, and proved, the
presumption is that the foreign law is the same as
2 Rules in Competency of Evidwnce ours
1. Exlusionary
2. Preclusionary Requisites of Judicial Admission
1. Made by a patry to the case/his counsel
 2. Made in the courts of the proceedings in the case. MUST BE FORMALLY
same case OFFERED BC EVIDENCE NOT
3. Can be oral or written admission. There is FORMALLY OFFERED CANNOT BE
no particulae form required SUBMITTED
4. Must have been expressed in definite, 3.
certain, and unequivocal

EFFCTS OF JUDICIAL ADMISSION CHAIN OF CUSTODY

- Do not require proof This is relevant to object evidence

Admissions during PT DOCUMENTARY EVIDENCE

Civil Cases – judicial admissions bc they are made - Expanded definition
in the course of the proceedings in the case Consist of writings, recordings, photographs, or

Admissions in pre-trial are Note: the SC allowed the use of photographs as

documentary evidence if they are relevant to the
Criminal Cases – issue and are verified (bc it could also be object
evidence depending on the purpose it is offered.
OBJECT (REAL) EVIDENCE Offered to prove existence = object ex. Tattoo of
- Must be relevant Chinese character on accused proves that he has a
- Addressed to the senses of the court tattoo -object,
- AKA reak evidence, demonstrative
evidence, autoptic preference and to prove the contents = documentary
physical evidence because of that tattoo the accused is a member of
- Not li,ited to the vide of the object. the Triad proves he is a member of the triad =
Could be tactile etc documentary)

Classification: Categories:
1. Actual/Physical or autoptic evidence – has 1. Writings
direct relation or part in the fact or incident 2. Recordings
to be proven. Brought to the court for 3. Photographs
personal examination by the judge.
A. Unique objects – like blood or drugs Exclusionary Rules – hearsay, original document
B. Objects made unique – comply with the rule, parol evidence rule
chain of custody rule (every turnover is
accounted for until they are presented in BUT IF IT IS OBJECT EVIDENCE, the original
court) document rule, parol evidence rule and hearsay rule
C. Non-unique not applicable

2. Demonstrative – represents the ORIGINAL DOCUMENT RULE

actual/physical object (pictures, (formerly BEST EVIDENCE RULE) meaning “you
videos)depicts what happened need to present the original document”
Example: in Judge Quiambao’s court
prosecution and defense were made to tale The doctrine simply requires the original be
photographs of the object evidence produced when the subject ofinquiry is the contents
(grenade) instead of bringing them to the of a document and excludes secondaru evidence
court except where the original is shown to be unavailable

Requisites for Admissibility Ex: purpose is the show A & B entered a DOAS, a
1. Relevant and competent copy would be enough for the existence
2. Authenticated – show that the object is But if purpose is to show the contents like T&Cs of
the actual thing subject matter of the the DOAS, then it is now Documentary evidence
 PAROL EVIDENCE RULE (relevant in
Collateral Matter – incidental to the issue, what is documentary evidence)
material is
if the writing, recording Sec. 10. Evidence of written agreements – when the
terms of an agreement have been reduced to writing,
Requisites for the applicability of the ODR it is considered as containing all the terms agreed
- Subject matter must involve a doc upon and there can be , as between
- Subject inquiry is the contents of the doc
"oral, by word of mouth” any other evidence
MENDOZA CASE outside of the written agreement; “extrinsic
- Lotto ticket evidence”
-testimonial evidence Has a direct application on the law of contracts.
-documentary (through digital) By the parol evidence you want to change the effect
of the contract
The determination of the “original” depends on the Prohibits extrinsic evidence
writing or photo In order that parol evidence may be admissible, the
exceptional situation including the fact of a subsqu
Any printout readable by sight and shown to reflect
accurately the date stored in the computer is an Requisites for the application of the parole v rule:
“original”. But it is an original only of the date 1. Valid contract
stored on the computer or diskette or USB or 2. Terms of the agreement must be reduced to
external drive writing
3. Dispute is between
The amendments defines “duplicate” to mean a 4. There is dispute
counterpart
WHEN PAROL EVIDENCE CAN BE
NEW RULE ON ORIGNALS OF DOCUMENTS INTRODUCED
Don’t admit: The duplicate does not from the . an intrinsic ambiguity, mistake or imperfection in
original the written agreement ( includes wills)
GR: Photocopies will be admissible into evidence, . failure of the written agreement to express the true
unless a genuine issue on its authenticity is raised, intent of the parties thereto
or it is shown that its admission is unjust or . validity of the written agreement
inequitable. (bc of the definition “original or it’s . existence of other terms agreed to by the parties or
counterpart) their successors in interest after the execution of the
written agreement
The burden to show that the photocopies are not
admissible is on the party opposing its admission But cannot prove the invalidity of the written
agreement
Secondary Evidence
1. Original doc is destroyed TESTIMONIAL EVIDENCE
2. Orginal doc is in adverse party’s custody or - Personal knowledge
control
3. When the original consists of numerous Qualification:
accounts (example summary; audited All persons who can perceive and may make known
financial statements from year 2000 to 2023) their perception to others, may be a witness
could be presented bc what is being proved
is the general result of the whole (but shall Prophylactic Rules of Evidence
be available for the opposing party) - Applied beforehand to prevent risks,
[summary would be sufficient] falsity, or mistakes
4. When original document is a public record
(Ex: birth certificates from the PSA) Ex: rule that require witnesses to be placed under
oath
Rule on exclusion or separation of witness In Pp vs Sandiganbayan, “communications
between atty and client having to do with the
Presumption: all witness is presumed to be qualified
client’s comntemplated criminal acts…
Testimony of the Witness
Hearsay If he doesn’t disclose, he becomes a
conspirators
Disqualification of a Witness
1. Disqualification by reason of Marriage
2. Privileged communication Justice must be felt ♥️
- Marital privilege
- Attorney-client privilege
2. Claimants through a deceased client
- Doctor-patient privilege
- Minister-penitent privilege (testate/ intestate/intervivos transactions
- Government in the exercise of - While the Atty-client privilege
survives the death of a client, there is
Conviction of a crime is not a ground for no privilege in a will contest or other
disqualification as a witness. Unless otherwise case between parties who both claim
provided by law:
through that very client
1. By falsity etc
2. Something I forgot Mueller vs Kirkpatrick
The rationale is that in will contests and similar
Disqualification by Reason of Marriage litigation is it not known who stands in the
Requisites: shoes of the deceased client. His
1. The spouse against whom the evidence is communications may be essential to an
given accurate resolution of competing claims in the
contest of will
Exceptions to spousal immunity ⚘🌸
1. 3. Breach of duty by lawer or client
“Self-defense exception” to prove that he did
Alvarez vs Ramirez not commit malpractice because he asked if he
- Husband burned down the house of wants to appeal? No. If there is no other
wife’s sister thinking she was there evidence? No. Yet was
but wife saw him dousing the house
with gas before the burning ( but
how come sister died) anyway 4. Lawyer as attesting witness
When lawyer acts as a witness he is not providing
prosecution asked wife to testify
legal advices
AGAINST husband even if all the
prohibition are present, as an 5. Joint Representation
exception How about government lawyers? OSG OGC

The Attorney-Client Privilege Matters disclosed in psychotherapy are often more

personal and more likely to cahse embarrassment –
Attorney pretending to be one, is it still
but only in civil cases
covered? Yes
6. Priest-Penitent Privilege
Exception: Not limited to catholics
1. Future crime-fraud exception
Last paragraph Sec 24, R130 on disqualification by
reason of privileged communication Remedy: the survivor may now testify against the
decedent but the representative of the deceased may
Maid heard the communication by his Sir and present hearsay evidence
Ma’am, prosecution cannot call the maid and ask or
compel her to testify because the communication is DMS will be applied bc out of necessity bc there’s
privileged. no other evidence left except hearsay evidence

Res Inter Alios acta rule What if there is a tissue where it was written? DMS
- Cannot be re examined will not apply bc there is testimonial evidence

Exceptions:
-Admission by silence Sec. 40 Declaration of Interest
Requisites
Admission by a Conspirator
Requisites
Privies (haha freebies daw lol 5 grade) Sec. 41 Act of Declaration of Pedigree
Persons who have an interest in any action or thing Requisites
in relation to another Pedro and juan brothers
Juan has a son out of wedlock
Confession – The declaration Juan died
Requisites: The son would like to establish that he is the son of
Extrajudicial confession – cnnot sustain a Juan
conviction unless corroborated by corpus delicti Out of necessity there’s no other evidence (no more
biological evidence)
Corpus delicti – is the body, foundation, or Pedro will testify that during juan’s lifetime, he did
substance of a crime say he had a son out of wedlock – the son
Ex: the evidence of a dead body with a gunshot
wound on its back would be evidence thst murder Sec. 44 Part of Res Gestae
has been committed Act of yours in reaction to a startling occurrence

Doctrine of Interlocking Confessions Before: News articles are hearsay

Judge moro
People vs Dacanay Now: Residual exception
The confession is corroborated b The court may admit a statement in evidence even if
Confession made in newsmedia can it be taken in hearsay and does not fall under any of the exception
evidence without violating the bill of rights yes s on the hearsay rule so long as
1.
Similar Acts as Evidence – propensity of evidence 2.
2nd Branch of the Res Inter Alios Acta Rule 3.

There must be an advance notice to the parties

Requisites for the admission of during the hearing
Victim
Is the opinion of a witness admissible?
Sec 39: Disqualification by Reason of Death
(DEAD MAN STATUTE/SURVIVING PARTY Expert Witness
RULE) Merely recommendatory to the judge not mandatory
Ex: Pedro borrowed from Juan 2m only permissive
Juan let him borrow without any promissory note -they don’t have firsthand experience of the case
Pedro died without paying 2m
How can the heirs of Juan recover Sec. 53 Opinion of Ordinary Witnesses
Sec. 51 “siga-siga ng barangay” Character evidence The FB post is an electronic document pursuant to
not admissible the funsctional equivalence and non-discrimination

Kinds of Presumptions How to prove or aut1

1. Conclusive Presumption
a. Estoppel in pais (Equitable Estoppel)
example seller sold a title to property when
not in his name and later on cannot repudiate
the sale bc he is estopped from

b. Estoppel by deed

Bursting bubble theory – a presumption disappear

where sufficient counterproof is introduced

But the presumption should affect only the burden

of evidence or production

Leading question is not allowed

GR: 1 wc suggests to the witness the answer wc the
examining party

EXC:

Procedure in impeaching a wtiness by evidence

Sec. c15 Exclusion and separation of Witness ( A

Preclusion Rule)

Sec. 36 Objection

Rule 133 Weifht and Sufficiency of Evidence

Sec. 4 Circumstantial evidence

“The totality” 1+1=2 +1 = 3

Electronic also means “digital” except signatures

Electronic evidence
Data is the next most valuable next to oil

Electronic document is one wc can be used to:

1. Estqablish a fact
2. Something an obligation?
3. Something a contract? Waah

Screenshots
As Object Evidence: Merely to prove existence of
the document that was subject of the screenshot

Ephemeral Communication Evidence