Rule 128 – Evidence is defined as the means sanction
by these rules of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
What is a LAW?
Law has four (4) elements
1. Rule of human conduct
2. It is obligatory to all (in the words of the law
is uses the word “shall”)
3. It is promulgated and acted by competitive
authority (Supreme Court)
 Pleading, Practice and Procedure is
determined by the Supreme Court
 BP129 Determines the jurisdiction of courts,
this is the XPN to the GR, where the law is
given to the Congress
4. There is a corresponding punishment for its
violation “it is never a true law, without
punishment”
XPN: Public International Law (not a true law because
it has no punishments because every state has an
equal sovereignty with each other)
Branches of Law
- Substantive Law (creates, defines and
regulates rights)
- Remedial, Procedural Law (the method for
enforcing rights and obtain address for their
violation)
Branches of Philippine Procedure
 Civil Procedure
 Provisional Remedies and Special
Proceeding
 Criminal Procedure
 Evidence
 Legal Ethics
 SCA
Quantum of Proof
- Proof beyond reasonable doubt (criminal
cases)
- Preponderance of evidence (civil cases)
- Substantial evidence (admin cases)
- Clear and convincing evidence (other cases)
- Least limitable quantum (quantum of
conscience)
Quasi-judicial agencies and bodies can give a
leniency in the Applicability of the ROC (Samar
electric coop vs NLRC
Different types of facts
- Ultimate Facts (are principal, determinate
and constituted facts upon which the
existence of the plaintiff’s cause of action or
defendant’s defense rests; factum
probandum are simply propositions)
- Evidentiary Facts (hese are facts necessary
for the determination of the ultimate facts.
As in the law of pleadings, evidentiary facts
are not supposed to be included.)
Ultimate facts represent propositions to be
established and hence hypothetical whereas
evidentiary facts would constitute the
material in evidencing the proposition and
hence existent. No ultimate fact will prove
itself, evidentiary fact is required.
Question of fact - when doubt or difference
arises as to the truth or falsehood of the
alleged fact.
Question of law - when the doubt or
difference arises as to what the law is on a
certain set of facts
If it is a factual question, you apply the rules
of evidence. You use the rules on evidence to
ascertain the truth respecting that matter or
question of fact. But if it is a question of law,
you apply the law involved, the law from
which the question arose (Ex. WON certain
law is unconstitutional)
Classes of Evidence
- Object/Real Evidence (those
addressed to the senses of the court,
exhibited to, examined and viewed by the
court)
- Documentary Evidence
(documents as evidence consist of writing or
any material containing letters, words,
numbers, figures, symbols or other modes of
written expression offered as proof of their
contents)
- Demonstrative Evidence (in a form
of objects such as maps, scale models,
symbol, diagrams or objects that has no
probative value but is used to illustrate and
clarify factual matter in issue.
- Testimonial/Oral Evidence (oral or
written assertions offered in court as a proof
of the truth of what is being stated for as
long the witness whose testimony is offered
can perceive.)
 a. Oral – made in open court before the
judge
b. Written – affidavits, depositions
The HIERARCHY is, thus:
1. Object (self-evident)
2. Documentary (at least it has been reduced into
writing)
3. Testimonial (the most prone to fabrication)
Despite the hierarchy, testimonial seems to be the
most important one.
Positive evidence – when a witness affirms that a fact
occurred or did not occur (yes or no)
Negative evidence – when the witness avers that he
did not see or know the occurrence of fact (did not
know or see). Example: alibi (neither confirming nor
denying)
Negative pregnant –you deny, but you affirm another
admission of fact, a form of negative expression
which carries an affirmation, favorable to the other
party.
Material evidence – when it tends to prove or
disprove the fact in issue in a case;
(2) It must be well and authoritatively settled and not
doubtful or uncertain; and
(3) It must be known to be within the limits of
jurisdiction of the court.
Common knowledge
those facts that are so commonly known in the
community as to make it unprofitable to require
proof, and so certainly known to as to make it
indisputable among reasonable men.
A court shall take judicial notice, without the
introduction of evidence, of the
-existence and territorial extent of states
-their political history,
-forms of government and symbols of -nationality,
-the law of nations,
-the admiralty and maritime courts of the world and
their seals,
-the political constitution and history of the
Philippines,
-the official acts of legislative, executive and judicial
departments of the Philippines,
-the laws of nature, the measure of time, and the
geographical divisions.

Immaterial evidence – the offered evidential fact is

1.the judicial admission may be contradicted by
directed to prove some probandum which is not
showing that it was made through palpable mistake
proper in issue. The rules of substantive law and of –
pleading are what determine immateriality.
2. and that no such admission was made –
Competent evidence – Offered evidence is not
excluded by some rule of evidence; hence,
admissible.

Inadmissible evidence - Offered evidence is excluded Can the court take judicial notice of matters
pending in another case?
by some rule of evidence.

Other rules not found in the ROC: Gr: NO.

In admissibility:
1987 constitution EXP. the two requisites you need to remember:
Bill of rights 1.the absence of objection and
Fruit of the poisonous tree. 2. the consent of the parties.
Violation of privacy, illegally intercepted,
wiretapping

What is the distinction between materiality and

relevancy? As to materiality, evidence is offered to
prove or disprove a specific fact in issue. Relevancy,
on the other hand, evidence has the tendency in
reason to establish the probability or the
improbability of the fact claimed. Materiality is a
direct proof; in relevancy, evidence may either be
direct or circumstantial. Material, self-evident;
relevancy, may require reasoning and inference.
Material evidence is always relevant but relevant
evidence is not always material.

REQUISITES FOR JUDICIAL NOTICE –

(1) The matter must be one of common and general

knowledge;