RULE 128 Section 4. Relevancy; collateral matters.
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GENERAL PROVISIONS Evidence must have such a relation to the fact in
issue as to induce belief in its existence or non-
Section 1. Evidence defined. – Evidence is the existence. Evidence on collateral matters shall
means, sanctioned by these Rules, of ascertaining not be allowed, except when it tends in any
in a judicial proceeding the truth respecting a reasonable degree to establish the probability or
matter of fact. improbability of the fact in issue.
APPLICABLE TO JUDICIAL PROCEEDINGS ONLY (3 COLLATERAL MATTERS
Matters other than the fact in issue; offered as basis of
Kinds):
inference.
1. Civil Action (ordinary & special)
2. Criminal Action General Rule: Evidence on collateral matters are NOT
3. Special Proceeding ALLOWED
NOTE: Non-Judicial Proceedings = application of ROC Exception: by a reasonable degree to establish
is NOT MANDATORY probability or improbability of the fact in issue.
Section 2. Scope. – The rules of evidence shall be Prohibited: irrelevant collateral facts
the same in all courts and in all trials and
hearings, except as otherwise provided by law or MULTIPLE ADMISSIBILITY
these Rules. relevant and competent for two or more purposes
PROVIDED BY: CONDITIONAL ADMISSIBILITY
1. Law evidence at the time of offer is immaterial or
2. ROC irrelevant; Connected with other facts that can be
3. SC Issuances subsequently proved; it may be received on the
condition that such facts will be proved thereafter.
PROOF vs EVIDENCE:
Evidence: Mode and manner of proving facts in CURATIVE ADMISSIBILITY
judicial proceedings the right of the party to introduce incompetent
evidence
Proof: The result or effect of evidence
FACTUM PROBANS RULE 129
Evidentiary Fact; Materials evidencing the WHAT NEED NOT BE PROVED
proposition
Section 1. Judicial notice, when mandatory. – A
FACTUM PROBANDUM court shall take judicial notice, without the
Ultimate Fact; Fact sought to be established; the introduction of evidence, of the existence and
proposition territorial extent of states, their political history,
Civil Cases: elements of cause of action forms of government and symbols of nationality,
Criminal Cases: elements of the crime the law of nations, the admiralty and maritime
courts of the world and their seals, the political
Section 3. Admissibility of evidence. – Evidence is constitution and history of the Philippines,
admissible when it is relevant to the issue and not official acts of the legislative, executive and
excluded by the Constitution, the law or these judicial departments of the National Government
Rules. of the Philippines, the laws of nature, the measure
of time, and the geographical divisions.
Requisites for Admissibility
1. Relevant; and JUDICIAL NOTICE:
2. Competent (Not excluded by Constitution, law, ROC) For expediency and convenience it fulfills the purpose
that the evidence is intended to achieve that is
OFFER IN RELATION TO ADMISSIBILITY equivalent to proof.
ALL evidence must be OFFERED ORALLY
- Testimonial Evidence: at the time the witness is MANDATORY:
called to testify Maybe admitted without the introduction of evidence
- Documentary & Object Evidence: after the on the following matters:
presentation of a party's testimonial evidence
1. existence and territorial extent of states
Objection to offer evidence must be made ORALLY 2. Political history
immediately after the offer is made 3. Forms of Government & Symbols of Nationality
4. Law of Nations
Admissibility of EXTRAJUDICIAL CONFESSION: 5. Admiralty & Maritime Courts of the world and their
a. Voluntary seals
b. Made in assistance of an independent and competent 6. Political Constitution and History of the Philippines
counsel 7. Official acts of legislative, executive, and judicial
c. Express departments of the National Government of the
d. Writing Philippines
8. Laws of nature
9. Measure of time; and
10. Geographical divisions
Other Matters:
1. Amendment of the Rules of Court
2. Decision of the Supreme Court
3. Official acts or declaration of the President
4. Banking Practices
5. Financial Status of the Philippines
6. Powers of the President
7. Court records
CASE LAW:
It is a matter of judicial notice that buy-bust
operations are susceptible to police abuse, being the
most notorious tool of police extortion.
Section 2. Judicial notice, when discretionary. – A
court may take judicial notice of matters which
are of public knowledge, or are capable of
unquestionable demonstration, or ought to be
known to judges because of their judicial
functions.
DISCRETIONARY:
1. Matters of Public Knowledge
2. Matters capable of Unquestionable Demonstration
3. Matters ought to be known to judges because of
their judicial functions
CASE LAW: CONTENTS OF OTHER COURT RECORDS
General Rule: Courts are not authorized to take judicial
notice of the contents of the records of other cases,
even when such cases have been tried or are pending
in the same court and the same judge.
Exception:
1. in the absence of objection
2. as a matter of convenience to all parties
a court may properly treat all or any part of the original
record of the case pending before it, with the knowledge
of the opposing party.
DOCTRINE: The party concerned must be given an
opportunity to object before the court could take
judicial notice of any record pertaining to other cases
pending before it.
CASE LAW: DIVORCE DECREE OBTAINED ABROAD
Doctrine of Processual Presumption since it is not
recognized in the PH.