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I. General Concepts (Rule 128) - Coggle Diagram

- - - - When Admissible - Evidence is admissible when it is relevant to the issue and is not excluded by the Constitution, the law, or the rules.
        
        C1. Requisites for Admissibility (128.3 & 4) - Evidence must be both relevant and competent.
        
        C2. Exclusionary Rules under the Constitution (Art. III, Sec. 2-3 & 12 & 17)
        
        C3. Statutory Rules of Exclusion
        1. Tax Reform Act - Sec. 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.
        
        2. Law on Secrecy of Bank Deposits - RA 1405 - Inadmissible under RA 1405, Sec. 2.
        
        3. Wiretapping Act - RA 4200 inre: RA 9327
        
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        Scope - Applies to any kind of deposits, not just those that create creditor-debtor relationships.
        
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        Search and Seizure (III, Sec. 2) & People v. Santomanez - 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.
        
        Rights under Custodial Investigation (Art. III, Sec. 12) -
        
        Right Against Self-Incrimination (CONST III, 17) - No person shall be compelled to be a witness against himself.
        
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        Rights of a Person Arrested (RA 7438) - Applies to persons arrested, detained or under custodial investigation. Even to persons who voluntarily surrendered. Failure to provide any of the rights converts the arrest into an illegal or invalid arrest.
        
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        Privacy of Communication (III, Sec. 3) .
        
        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.
        
        Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
        
        Zulueta v. CA - Pwede against private persons, inadmissible due to privacy of communications
        
        Relevancy (128.4) - Evidence is relevant when it has, such relation to the fact in issue as to induce belief in its existence or non-existence. Logical relation to the fact in issue.
        
        Evidence on Collateral Matters
        
        GR - Not allowed.
        
        XCPN - When it tends in any reasonable degree, to establish the probability or improbability of the fact in issue.
        
        Test for Relevance - This means that relevancy is determinable by the rules of logic and human experience.
        
        Cross-Examination (Tating v. Marcella) - If affidavit and individual is not presented, the affidavit may be objected to, as no opportunity to cross examine. This renders it hearsay evidence, which may be inadmissible under Rule 130.37
        
        Competency - Evidence not excluded by the Constitution, law, or the Rules of Court is competent evidence.
        
        Importance of Offering Evidence (132.34 & De la llana v. Biong) - the Court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified.
        
        Form Of Offer (132.35) - Evidence must be orally offered.
        
        Objection to Evidence on Appeal (People v. Sta. Maria) - Objection to evidence cannot be raised for the first time on appeal; when a party desires the court to reject the evidence offered, he must so state in the form of objection. Without such objection he cannot raise the question for the first time on appeal.
        
        Hearsay (Dela Llano v. Biong) - 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. As a general rule, hearsay whether objected to or not cannot be given credence
        
        As a general rule, hearsay not admissible. A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules.
        
        Test for Relevancy (Knapp v. State) - Relevancy is that which conduces to the proof of a pertinent hypothesis. Necessarily requires a connection determined by human logic.
        
        Multiple Admissibility (People v. Yatco) - Even if a piece of evidence is not competent as regards one matter, if it is admissible for another then it must be admitted.
        
        Confession between Conspirators (People v. Yatco) - the act or declaration of a conspirator relating to the conspiracy and during its existence may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act or declaration. This applies to statements made by a conspirator during the pendency of the unlawful enterprise. If after, then inadmissible.
        
        Affidaviits (Tating v. Marcella) - Affidavits are hearsay evidence since they are generally not prepared by the affiant. Thus, requires that the affiant be placed on the witness stand for affidavits to be presentable.
        
        Distinguished from Probative Value - Admissibility of evidence refers to the question of whether or not the circumstance/evidence is to be considered at all. Probative value refers to the question of whether or not it proves an issue.
        
        Distinguished from Weight of Evidence - Admissibility depends on the competence and relevance of the evidence. The weight of evidence refers to evidence already admitted and its tendency to convince and persuade.
        
        Civil Cases; Weight of Evidence – In civil cases, the basic rule is that the party making allegations has the burden of proof of proving the claim by a preponderance of evidence. Similarly, the parties must rely on the strength of their own evidence, not upon the weakness of the defense offered by their opponent.
        
        Preponderance of Evidence – is the weight, credit, and value of the aggregate evidence on either side and is synonymous with the term greater weight of the evidence/ greater weight of credible evidence. It means probability of the truth, as evidence that is more convincing to the court as it is worthier of belief than that which is offered in opposition thereto.
        
        Med-Cert/Hearsay (People v. Turco) - While a medcert could be admitted as an exception to the hearsay evidence rule since entries in official records 130.46 constitute exceptions to the said rule, it could not be given weight or credit unless the doctor who issued it is presented in court to show his/her qualifications. This is because a medcert involves an opinion of one who must first be established as an expert witness.
        
        Materiality of Evidence - material if it is offered to prove or disprove a specific fact in issue. Sir says objections on the basis of materiality fare better than relevancy objections.
        
        Test for Materiality - Depends on whether it is an issue or not. The issue depends on the pleadings, substantive law, etc. This pertains to evidence still in dispute
        
        Distinguished from Relevancy - Relevancy is connection to the fact it wants to prove. Materiality is if the fact it wants to prove is even contested (like if its even in dispute)
        
        if not in dispute, immaterial
        
        if in dispute, material
        
        The materiality of evidence is determined by whether the fact it intends to prove is in issue or not.
        
        People v. Baquiran - Evidence, to be believed must not only proceed from the mouth of a credible witness, but it must be credible in itself
        
        When Inadmissible (People v. Del Monte y Gapay) - For evidence to be inadmissible, there should be a law or rule which forbids its reception. Similarly, inadmissible if irrelevant.
      - D. Other Matters
        
        D1. Competence and Credibility
        
        D2. Multiple Admissibility, Conditional Admissibility, Curative Admissibility, Direct and Circumstantial Evidence
        
        D3. Cumulative and Corroborative Evidence
        
        D4. Positive and Negative Evidence; Alibi; Frame-Up;Delay in Reporting
        
        Positive and Negative Evidence (People v. Mendoza) - Negative evidence is evidence which denies the existence of a fact
        
        e.g., negative testimony is testimony of a witness which states that they did not hear or did not see the phenomenon in question.
        
        As a rule, Where one statement is opposed to the other, the affirmative testimony must be deemed to outweigh that which is merely negative.
        
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        Corroborative Evidence (Manganey v. Sandiganbayan) - Corroborative evidence is necessary only when there are reasons to suspect that the witness falsified the truth or that his observations were inaccurate
        
        Cumulative Evidence - Facts or information that proves what has previously been established by other information concerning the same issue. Cumulative evidence is synonymous with corroborative evidence.
        
        Types of Evidence
        
        Direct Evidence - Evidence that proves the fact in dispute without the aid of any inference or presumption.
        
        Circumstantial - Proof of facts from which, taken collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence. This is resorted to only when there is no direct evidence.
        
        Dying Declaration - Hearsay when not of personal knowledge. But, testimonies of the dying declaration of another person are exceptions to hearsay. This is considered as circumstantial evidence.
        
        Requisites - For a dying declaration to be admissible in court, the following requisites must concur:
        
        Must concern the cause and surrounding circumstances of the declarant’s death
        
        At the time it was made, the declarant was under a consciousness of impending death
        
        Declarant is competent as a witness
        
        Declaration is offered in a criminal case for homicide, murder, or parricide in which the declarant is the victim
        
        Conviction on Circumstantial Evidence (People v. Matito) To warrant a conviction based on circumstantial evidence, the following requisites must concur:
        
        MULTIPLE - There is more than one circumstance;
        
        PROVEN - The facts from which the inferences are derived are proven; and
        
        COMBINATION - The combination of all the circumstances is such as to produce conviction beyond reasonable doubt.
        
        Multiple Admissibility - If evidence offered is relevant for two or more purposes, such evidence should be admitted for any or all the purposes for which it is offered IF it satisfies all the requisites of the law for admissibility.
        
        Conditional Admissibility - If the evidence, at the time of its offer is immaterial or irrelevant UNLESS it is connected with the other facts to be subsequently proved, such evidence may be received on the condition that the other facts will be proved thereafter. If not, such evidence shall be stricken out.
        
        Curative Admissibility - Otherwise known as the opening the door/invited error rule. Refers to the right of a party to introduce incompetent evidence in his behalf where the court has admitted incompetent evidence adduced by the adverse party.
        
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        Credible (Serra v. Mumar) - The evidence must be natural, reasonable and probable as to make it easy to believe. No better test has yet been found to determine the value of the testimony of a witness than its conformity to the knowledge and common experience of mankind. The testimony must conform to this common experience.
        
        Competent (No Source) - The term 'competent evidence' is used to refer evidence that is relevant, and of such nature that it can be received by a court of law. It refers to evidence that is appropriate and needed to prove the issue of fact that the parties have made.
        
        As to Source - evidence to be worthy of credit, must not only proceed from a credible source but must, in addition, be credible in itself.
        
        Physical Evidence (BPI v. Reyes) - Ranks higher than testimonial evidence.
        
        Resistance (People v. Sabadlab) - Physical overt act, manifesting resistance means rape.
        
        Factual Findings of the Trial Courts (BPI v. Reyes) - Given great credence by the appellate courts as they have the chance to personally examine.
        
        Circumstantial Evidence - evidence that indirectly proves a fact in issue through an inference.
        
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        XCPN (People v. Nueva) -
        
        Change of Judge - If there is discrepancy between the trial judge and the judge who penned the case, this doctrine does not apply.
        
        Grave Error - When the lower court patently overlooked facts and circumstances that could alter the results of the case.
        
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        E. Other Rules
        
        Agreements and Stipulations of Fact –
        
        Conclusive Presumptions – Rule 131, Section 2
        
        Judgment on the Pleadings – Rule 35
        
        Rules on Electronic Evidence (A.M. No. 01-7-01-SC, Resolutions dated July 17, 2001 and September 24, 2002) – Rule 1, Section 2
        
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        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.
        
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        Judgment on the pleadings (RULE 34.1) - Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may; on motion of that party, direct judgment on such pleading. However, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved. (1a, R19)
        
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        Conclusive Presumptions (131.2) - The following are instances of conclusive presumptions:
        
        OWN ACT - Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led 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;
        
        TENANCY - The tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them.
        
        Rule 18
        
        Nature and Purpose (2d) - The pre-trial is mandatory. The court shall consider:
        (d) The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;
        (c) The issues to be tried or resolved;
        
        Pre-Trial Brief (6b) - 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;
        
        Evidence - Only goes to trial when matters cannot be resolved in pre-trial. Pre-trial matters no need to be proved.
        
        Pre-Trial Record (18.7) - 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, Section 6;
        
        Agreed Statement of Facts (30.6) - 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.
        
        Partial Agreement - 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, Section 1(b)
        
        Mandatory Pre-Trial;Criminal Cases (118.1) - 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
        
        Revised Guideline for Continuous Trial - Says that the court shall actively participate in the proposed stipulation of facts.
    - - XCPNS (Rule 1.4.)
        
        Other Cases - provided for, except by analogy or in a suppletory character whenever practicable and convenient
        
        Naturalization
        
        Insolvency Proceedings
        
        Cadastral Cases
        
        Election Cases
        
        Land Registration Cases
        
        Quasi-Judicial/Administrative Agencies - Rules of evidence do not apply here, however, they may adopt their own rules and regulations which can include the rules of evidence.
        
        Court of Agrarian Relations -
        
        ROE does not apply even in a suppletory character in cases before the Court of Agrarian Relations.
        
        Except in criminal and expropriation cases
        
        Sec. 16, PD 946 - Sec. 16, PD 946
        The Rules of Court shall not be applicable in agrarian cases even in a suppletory character. In the hearing, investigation and determination of any question or controversy, affidavits and counter-affidavits may be allowed and are admissible in evidence
      - Judicial Proceedings - Covers three kinds of proceedings.
        
        Civil Actions - Whether ordinary or special civil actions.
        
        Criminal Actions
        
        Special Proceedings (3.1)
    - - XCPN - If otherwise provided by the following:
        
        Law
        
        Rules of Court (128.2)
        
        SC Issuance - Judicial Affidavit rule, rules on procedure for environmental cases, child witness rule, rules on DNA evidence, Rules on Electronic Evidence
      - Vested Right - There is no vested right of property in rules of evidence. Any evidence admissible according to the laws in force at the time of trial is receivable and vice versa.
        
        Waiver of Evidence -
        
        GR - The rules of evidence may be waived.
        
        XCPN - If the rule waived was established on the grounds of public policy, the waiver is void.
  - - - Matter of Fact (Peralta) - Evidence is the means of ascertaining the truth of a matter of FACT but NOT a matter of LAW. In the former, governed by sense. Latter governed by rules of law.
        
        Distinguished from Proof (Bustos v. Lucero)- proof is the result or effect of sufficient evidence. Whereas evidence is the mode and manner of proving competent facts in judicial proceedings.
    - - Factum Probandum - the ultimate fact or proposition to be established.
        
        Ultimate Facts - Principal, determinative, constitutive facts on which the cause of action is based.
        
        Conclusion of Law - A proposition arrived at by application of the artificial rules of law to the facts pleaded.
      - Factum Probans - An evidentiary fact which establishes the proposition.
        
        Evidentiary Fact - Those which tend to establish or prove ultimate facts.
        
        Conclusion of Fact - An inference drawn from the subordinate or evidentiary facts.
        
        Check De la llana v. Biong for illustration of this.
  - - - Exclusionary Evidence - That which is not relevant or not competent.
      - Objections to Witnesses - In Testimonial evidence, objection to the qualifications of the witness should be made at the time he is called to the stand, and if the witness is otherwise qualified, the objection should be raised when the objectionable question is asked or after the answer is given if the objectionable features became apparent by reason of such answer.
      - Motive in Testimonial Evidence (People v. Nueva) - In the absence of evidence showing any reason or motive for the prosecution witness to perjure himself, no improper motive exists and the testimony is worthy of credit.
        
        Uniform and Systematic Testimony (People v. Baro) - If the testimony is uniform and systematic, impairs the reliability of the testimony. Thus, should be in the words of the witness.
  - - - Effect - Thus, if no procedure is specified by the Rules, any suitable process or mode of proceeding may be adopted which conforms to the spirit of the law/rules.