NOTES ON EVIDENCE AND TRIAL TECHNIQUES
pursuant to Rule 34 of the Rules of
PRELIMINARY CONSIDERATIONS Court;
4. It may be dispensed by agreement of
EVIDENCE: DEFINITION, PURPOSE, parties; and
SCOPE 5. It is not required on matters of
judicial notice and on matters
— Evidence is the means sanctioned judicially admitted.
by these rules, of ascertaining in a
judicial proceeding the truth
respecting a matter of fact. (Sec. 1, Rule
128. Rules of Court)
To be considered evidence, the same must
APPLICABILITY AND INAPPLICABILITY OF
be "sanctioned" or allowed by the Rules of RULES OF EVIDENCE
Court.
GR: It applies to judicial proceedings.
Purpose: to ascertain the truth XPN: [CELIN-O]
respecting a matter of fact in a
judicial proceeding – Evidence is required 1. Election cases;
because of the presumption that the court 2. Land registration;
is not aware of the veracity of the facts 3. Cadastral;
involved in a case. It is therefore incumbent 4. Naturalization;
upon the parties to prove a fact in issue 5. Insolvency proceedings; and
through the presentation of admissible 6. Other cases not herein provided for,
evidence. except by analogy or in a suppletory
character and whenever practicable
Truth refers to the judicial or legal truth and and convenient.
not necessarily the actual truth because
the findings of the court would depend on RULES ON ELECTRONIC EVIDENCE
the evidence presented before it based on
the accepted rules for admissibility. Under It is applicable to all civil actions and
Sec. 34 of Rule 132, courts, as a rule, are proceedings, as well as quasi-judicial and
not even authorized to consider evidence administrative cases.
which has not been formally offered.
EVIDENCE IN CIVIL CASE VS. EVIDENCE IN
Scope: The rules of evidence shall be the CRIMINAL CASE
same in all courts and in all trials and
hearings, except as otherwise provided by 1. The quantum of proof required in
law or by these rules. (Sec. 2, Rule 128, Rules of civil cases is a preponderance of
Court)
evidence. In criminal cases, the guilt
of the accused has to be proven
EVIDENCE: WHEN REQUIRED; NOT
beyond reasonable doubt.
REQUIRED
2. In civil cases, an offer of compromise
is not an admission of any liability
1. It is required when the court has to
and is not admissible in evidence
resolve a question of fact;
against the offeror. In criminal cases,
2. In cases where questions of law is
except those involving quasi-
presented, there is no need to
offenses (criminal negligence) or
present evidence;
those allowed by law to be
3. When the pleadings in civil cases do
compromised, an offer of
not tender an issue of fact, the case
compromise by the accused may be
is then ripe for judicial determination
received in evidence as an implied
through a judgment on the pleadings
admission of guilt.
NOTES ON EVIDENCE AND TRIAL TECHNIQUES
3. In civil cases, the concept of and history of the Philippines, the official
presumption of innocence does not acts of legislative, executive and judicial
apply and generally there is no departments of the Philippines, the laws of
presumption for or against a party nature, the measure of time, and the
except in certain cases provided for geographical divisions.
by law. In criminal cases, the
accused enjoys the constitutional Section 2. Judicial notice, when
presumption of innocence. discretionary. — A court may take judicial
notice of matters which are of public
PROOF VS. EVIDENCE knowledge, or are capable to
unquestionable demonstration, or ought to
Evidence is the medium or means by which be known to judges because of their judicial
a fact is proved or disproved. While proof is functions.
merely the probative effect of evidence and
is the conviction or persuasion of the mind Section 3. Judicial notice, when
resulting from a consideration of the hearing necessary. — During the trial,
evidence. the court, on its own initiative, or on
request of a party, may announce its
intention to take judicial notice of any
matter and allow the parties to be heard
FALSUS IN UNO, FALSUS IN OMNIBUS thereon.
— False in one thing, false in After the trial, and before judgment or on
everything appeal, the proper court, on its own
initiative or on request of a party, may take
The doctrine means that if the testimony of judicial notice of any matter and allow the
a witness on a material issue is willfully parties to be heard thereon if such matter
false and given with an is decisive of a material issue in the case.
intention to deceive, the jury may disregard
all the witness' testimony. The maxim
falsus in uno falsus in omnibus is not an What is Judicial Notice?
absolute rule of law and is in fact rarely
applied in modern jurisprudence. Modern Judicial notice is the cognizance of certain
trend in jurisprudence favors more facts which judges may properly take and
flexibility when the testimony of a witness act on without proof because they already
may be partly believed and partly know them.
disbelieved depending on the corroborative
evidence presented at the trial. What is the function of Judicial Notice?
I. JUDICIAL NOTICE AND ADMISSIONS It takes the place of proof and is of equal
force. However, it should not be used to
A. JUDICIAL NOTICE deprive an adverse party of the opportunity
to prove a disputed fact.
Section 1. Judicial notice, when
mandatory. — A court shall take judicial When is Judicial Notice mandatory?
notice, without the introduction of
evidence, of the existence and territorial The following are matters subject to
extent of states, their political history, mandatory judicial notice:
forms of government and symbols of
nationality, the law of nations, the a) The existence and territorial extent
admiralty and maritime courts of the world of shares;
and their seals, the political constitution
NOTES ON EVIDENCE AND TRIAL TECHNIQUES
b) The political history, forms of professional and scientific
government, and symbols of knowledge. [People vs. Tundag]
nationality of states;
c) The law of nations; 3. A court cannot take judicial notice of
d) The admiralty and maritime courts of a factual matter in controversy.
the world and their seals; [Herrera vs. Bollos]
e) The political constitution and history
of the PH; 4. The power to take judicial notice is to
f) The official acts of the legislative, be exercised by courts with caution
executive, and judicial departments especially in an expropriation case
of the PH; which involves a vast tract of land.
g) The laws of nature; Care must be taken that the requisite
h) The measure of time; and notoriety exists; and every
i) The geographical divisions. reasonable doubt on the subject
should be promptly resolved in the
When is Judicial Notice discretionary? negative. [Landbank of the
Philippines vs. Wycoco]
Requisites of Judicial Notice as
discretionary: 5. Inasmuch as the valuation of the
property is the very issue in the case
a) The matter must be one of common at bar, the trial court should have
knowledge; allowed the parties to present
b) The matter must be settled beyond evidence thereon instead of
reasonable doubt; and practically assuming a valuation
c) The knowledge must exist within the without basis. [Landbank of the
jurisdiction of the court. Philippines vs. Wycoco]
JURISPRUDENCE: Judicial Notice and Judicial Knowledge
1. The principal guide in determining JURISPRUDENCE:
what facts may be assumed to be
judicially known is that of notoriety. 1. Judicial notice is not judicial
Moreover, a judicially noticed fact knowledge. The mere personal
must be one not subject to a knowledge of the judge is not the
reasonable dispute in that it is either: judicial knowledge of the court, and
(1) generally known within the he is not authorized to make his
territorial jurisdiction of the trial individual knowledge of a fact, not
court; or (2) capable generally or professionally known,
the basis of his action. [State
of accurate and ready determination Prosecutors v. Muro]
by resorting to sources whose
accuracy cannot reasonably be 2. A judge may not take judicial notice
questionable. But a court cannot of a fact which he personally knows if
take judicial notice of any fact which, it is not part of the evidence or not a
in part, is dependent on the fact generally known within its
existence or non-existence of a fact territorial jurisdiction. [Moore v.
of which the court has no Dresden Investment Co.]
constructive knowledge. [Expertravel
and Tours, Inc. vs. CA] Stages when Judicial Notice may be
taken
2. On the other hand, matters which
are capable of unquestionable
demonstration pertain to fields of
NOTES ON EVIDENCE AND TRIAL TECHNIQUES
1. During or after trial – on its own When the foreign law refers to the law of
initiative or by request of any party nations, said law is subject to a mandatory
and allow the parties to be heard; judicial notice under Sec. 1 of Rule 129.
Under the Philippine Constitution, the
2. After trial and before judgment; and Philippines adopts the generally
3. On appeal – on its own initiative or accepted principles of international law as
by request of any party and allow the part of the law of the land.
parties to be heard if such matter is
decisive of a material issue in the Judicial Notice of Municipal Ordinances
case.
JURISPRUDENCE:
Judicial Notice of Foreign Laws;
Doctrine of Processual Presumption 1. Municipal trial courts must take
judicial notice of municipal
JURISPRUDENCE: ordinances in force in the
municipality in which they sit [U.S. v.
1. It is well-settled in our jurisdiction Blanco]
that our courts cannot take judicial
notice of foreign laws. Like any other 2. A Court of First Instance (now RTC),
facts, they must be alleged and should also take judicial notice of
proved. [Garcia vs. Garcia-Recio] municipal ordinances in force in the
municipalities within their jurisdiction
2. Foreign laws must be alleged and but only when so required by law.
proved. In the absence of proof, the [City of Manila v. Garcia]
foreign law will be presumed to be
the same as the laws of the 3. Such court must take judicial notice
jurisdiction hearing the case under also of municipal ordinances on
the doctrine of processual appeal to it from the inferior court in
presumption. [Northwest Orient which the latter judicial took notice
Airlines v. Court of Appeals] of [U.S. v. Hernandez]
3. Where the foreign law is within the 4. The Court of Appeals may take
actual knowledge of the court such judicial notice of municipal
as when the law is generally well ordinances because nothing in the
known, had been ruled upon in Rules prohibits it from taking
previous cases before it and none of cognizance of an ordinance which is
the parties claim otherwise, the court capable of unquestionable
may take judicial notice of the demonstration [Gallego v. People]
foreign law [PCIB v. Escolin]
Judicial Notice of a Court’s Own Acts
4. When the foreign law is part of a and Records
published treatise, periodical or
pamphlet and the writer is A court may take judicial notice of its own
recognized in his profession or acts and records in the same case.
calling as expert in the subject, the [Republic vs. CA]
court, it is submitted, may take
judicial notice of the treatise Can a court may take judicial notice of
containing the foreign law. the contents of the records of other
cases?
Judicial Notice of the Law of Nations
NOTES ON EVIDENCE AND TRIAL TECHNIQUES
No. As a rule, courts are not authorized to
take judicial notice of the contents of the
records of other cases. [Tabuena vs. CA]
Are there any exceptions to the above
rule?
Yes. The following are the exceptions: (1)
when in the absence of any objection, with
the knowledge of the opposing party, the
contents of said other case are clearly
referred to by title and number in a pending
action and adopted or read into the record
of the latter; or (2) when the original record
of the other case or any part of it is actually
withdrawn from the
archives at the court's discretion upon the
request, or with the consent, of the parties,
and admitted as part of the record of the
pending case [Tabuena v. Court of Appeals]
On Post Office Practices, Banking
Practices, Financial Condition of the
Government, Presidential Powers
under the Law
What is the rule on judicial notice of
post offices practices?
The post office practice of delivering a
registered letter with the date of its receipt,
indicating therein the number of registry,
both on the covering envelope itself and on
the receipt is not a proper subject of judicial
notice. Since it is not covered by any of the
instances under the Rules and is not of
unquestionable demonstration. [Republic
vs. CA]
May judicial notice be taken of the practice
of banks in conducting background checks
on borrowers and sureties?