Evidence Reviewer.docx 2u281q

EVIDENCE REVIEWER

DEFINITION: Evidence sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact. [Rule 128, Sec. 1] *The mode and manner of proving competent facts in judicial proceedings. [Bustos v. Lucero] SCOPE - General Rule: Rules of evidence shall be the same in all courts and in all trials and hearings Exception: If otherwise provided by: 1) law; 2) ROC. CLASSIFICATION (based on Rules of Court) CLASSIFICATION ACCORDING TO FORM 1) OBJECT – Directly addressed to the senses of the court [Rule 130, Sec. 1] Referred to as real evidence or evidence by “autoptic preference”. 2) DOCUMENTARY - Consist of writing or any material containing modes of written expression (i.e. words , numbers, figures, symbols) offered as proof of their contents. [Rule 130, Sec. 2] 3) TESTIMONIAL - Submitted to the court through the testimony or deposition of a witness. OTHER CLASSIFICATIONS [Regalado] DIRECT – Proves the fact in dispute without aid of any inference or presumption. CIRCUMSTANTIAL – Proof of fact/s from which, taken singly/collectively, the existence of the particular fact in dispute may be inferred as a necessary/probable consequence. It is evidence of relevant collateral facts.

CUMULATIVE – Evidence of the same kind and to the same state of facts. CORROBORATIVE – Additional evidence of a different character to the same point. PRIMA FACIE – That which, standing alone, is sufficient to maintain the proposition affirmed. CONCLUSIVE – That class of evidence which the law does not allow to be contradicted. PRIMARY – (Best evidence) The law regards these as affording the greatest certainty of the fact in question. SECONDARY – (Substitutionary evidence) Permitted by law only when the best evidence is unavailable. POSITIVE – When a witness affirms that a fact did or did not occur (there is personal knowledge). NEGATIVE – When witness states that he did not see or know of the occurrence of a fact (total disclaimer of personal knowledge). EVIDENCE COMPARED TO PROOF It is the result or effect of evidence; when the requisite quantum of evidence of a particular fact has been duly itted and given weight, the result is called the proof of such fact. TO FACTUM PROBANDUM The ultimate fact or the fact sought to be established. It refers to the proposition (e.g. victim was stabbed). TO FACTUM PROBANS The evidentiary fact or the fact by which the factum probandum is to be established; refers to the materials that establish the proposition (e.g. bloody knife). Terminologies:

ission - any statement of fact made by a party against his interest or unfavorable to the conclusion for which he contends or is inconsistent with the facts alleged by him. Best Evidence Rule - is that rule which requires the highest grade of evidence obtainable to prove a disputed fact. Burden Of Evidence - logical necessity on a party during a particular time of the trail to create a prima facie case in his favor or to destroy that created against him by presenting evidence. Burden Of Proof/Risk of Non-Persuasion - the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. Character - the aggregate of the moral qualities which belong to and distinguish an individual person.

Circumstantial Evidence - is the proof of a fact or facts from which taken either singly or collectively, the existence or a particular fact in dispute may be inferred as a necessary or probable consequence. Common Reputation - is the definite opinion of the community in which the fact to be proved is known or exists. It means the general or substantially undivided reputation, as distinguished from a partial or qualified one, although it need not be unanimous. Competency Of A Witness - is the legal fitness or ability of a witness to be heard on the trial of a cause. Competent Evidence - one that is not excluded by this Rules, a statute or the Constitution. Compromise - is an agreement made between two or more parties as a settlement matters in dispute. Conclusive Evidence - the class of evidence which the law does not allow to be contradicted. Confession - categorical acknowledgement of guilt made by an accused in a criminal case, without any exculpatory statement or explanation. If the accused its having committed the act in question but alleges a justification therefore, the same is merely an ission. Judicial Confession - one made before a court in which the case is pending and in the course of legal proceedings therein and by itself, can sustain a

conviction even in capital offenses. Extra Judicial Confession - one made in any other place or occasion and cannot sustain a conviction unless corroborated by evidence of the corpus delicti. This section refers to extrajudicial confessions. Corroborative Evidence - is additional evidence of a difference character to the same point. Cumulative Evidence - evidence of the same kind and to the same state of facts. Demonstrative Evidence - is a tangible evidence that merely illustrates a matter of importance in the litigation such as maps, diagrams, models, summaries and other materials created especially for litigation. Direct Evidence - that which proves the fact in dispute without the aid of any inference or presumption. Doctine Of Processual Presumption - absent any of the evidence or ission, the foreign law is presumed to be the same as that in the Philippines. Document - any substance having any matter expressed or described upon it by marks capable of being read. It is a deed, instrument or other duly authorized appear by which something is proved, evidenced or set forth. Documentary Evidence - evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances. Dying Declaration - The ante mortem statements made by a person after the mortal wound has been inflicted under the belief that the death is certain, stating the fact concerning the cause of and the circumstances surrounding the attack. Equipose Rule - Where the evidence gives rise to two probabilities, one consistent with defendant’s innocence, and another indicative of his guilt, that which is favorable to the accused should be considered. Estoppel By Deed – the tenant is not permitted to deny title of his landlord at the time of the commencement of the land-lord tenant relationship. If the title asserted is one that is alleged to have been acquired subsequent to the commencement of that relation, the presumption will not apply. Estoppel In Pais - whenever a party has, by his own declaration, act, or omission, intentionally and deliberately lead another to believe a particular thing to be true and act upon such belief, he cannot, in

any litigation arising out of such declaration, act or omission, be permitted to falsify it. Expert Witness - one who belongs to the profession or calling to which the subject matter of the inquiry relates to and who possesses special knowledge on questions on which he proposes to express an opinion. Express issions - are those made in definite, certain and unequivocal language. Extra Judicial issions - are those made out of court, or in a judicial proceeding other than the one under consideration. Fact - thing done or existing. Facts In Issue - are those facts which the plaintiff must prove in order to establish his claim and those facts which the defendant must prove in order to establish a defense set up by him, but only when the fact alleged by the one party is not itted by the other party. Facts Relevant To The Issue - are those facts which render the probable existence or non-existence of a fact in issue, or some other relevant fact. Factum Probandum - the ultimate fact or the fact sought to be established. - Refers to proposition Factum Probans - is the evidentiary fact or the fact by which the factum probandum is to be established. Materials which establish the proposition. Hearsay Rule - Any 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 some other person not on the witness stand. Impeaching Evidence - a proper foundation must be laid for the impeaching questions, by calling attention of such party to his former statement so as to give him an opportunity to explain before such issions are offered in evidence. Implied issions - are those which may be inferred from the acts, declarations or omission of a party. Therefore, an ission may be implied from conduct, statement of silence of a party. Independent Evidence - issions are original evidence and no foundation is necessary for their introduction in evidence Intermediate Ambiguity - situation where an ambiguity partakes of the nature of both patent and latent. In this, the words are seemingly

clear and with a settled meaning, is actually equivocal and its of two interpretations. Here, parol evidence is issible to clarify the ambiguity provided that the matter is put in issue by the pleader. Example: Dollars, tons and ounces. Issue - is the point or points in question, at the conclusion of the pleadings which one side affirms, and the other side denies. Judicial issions - are those so made in the pleadings filed or in the progress of a trial. - It is one made in connection with a judicial proceeding in which it is offered, while an extrajudicial ission is any other ission. Judicial Notice - no more than that the court will bring to its aid and consider, without proof of the facts, its knowledge of those matters of public concern which are known by all well-informed persons. - cognizance of certain facts which judges may take and act on without proof because they are already known to them. Material Evidence - evidence directed to prove a fact in issue as determined by the rules of substantive law and pleadings. The test is whether the fact it intends to prove is an issue or not. AS to whether a fact is in issue or not is in turn determined by the substantive law, the pleadings, the pre-trial order and by the issions or confessions on file. Consequently, evidence may be relevant but may be immaterial in the case. Negative Evidence - when the witness did not see or know of the occurrence of a fact. There is a total disclaimer of persona knowledge, hence without any representation or disavowal that the fact in question could or could not have existed or happened. It is issible only if it tends to contradict positive evidence of the other side or would tend to exclude the existence of fact sworn to by the other side. Object Evidence - is a tangible object that played some actual role on the matter that gave rise to the litigation. For instance, a knife. Objective or Real Evidence - directly addressed to the senses of the court and consist of tangible things exhibited or demonstrated in open court, in an ocular inspection, or at place designated by the court for its view or observation of an exhibition, experiment or demonstration. This is referred to as autoptic preference. Omnia praesumuntur rite et solemniter esse acta donec probetur in contrarium – all things are presumed to have been done regularly and with due formality until the contrary is proved.

Opinion - an inference or conclusion drawn from facts observed. Ordinary Opinion Evidence - that which is given by a witness who is of ordinary capacity and who has by opportunity acquired a particular knowledge which is outside the limits of common observation and which may be of value in elucidating a matter under consideration. Parol Evidence - any evidence aliunde, whether oral or written, which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. Patent or Extrinsic Ambiguity - is such ambiguity which is apparent on the face of the writing itself and requires something to be added in order to ascertain the meaning of the words used. In this case, parol evidence is not issible, otherwise the court would be creating a contract between the parties. Pedigree - includes relationship, family genealogy, birth, marriage, death, the dates when, and the placer where these facts occurred and the names of their relatives. It embraces also facts of family history intimately connected with pedigree. Positive Evidence - when the witness affirms that a fact did or did not occur. Entitled to a greater weight since the witness represents of his personal knowledge the presence or absence of a fact. Presumption - An inference as to the existence or non-existence of a fact which courts are permitted to draw from the proof of other facts. Presumption Juris Or Of Law – is a deduction which the law expressly directs to be made from particular facts. Presumption Hominis Or Of Fact – is a deduction which reason draws from facts proved without an express direction from the law to that effect. Prima Facie Evidence - that which is standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed. Primary Evidence - that which the law regards as affording the greatest certainty of the fact in question. Also referred to as the best evidence. Privies - those who have mutual or successive relationship to the same right of property or subject matter, such as “personal representatives, heirs, devisees, legatees, assigns, voluntary grantee or judgment creditors or purchasers from them without notices to the fact. Privity - mutual succession of relationship to the same rights of property. Proof - the result or effect of evidence. When the requisite quantum

of evidence of a particular fact has been duly itted and given weight, the result is called the proof of such fact. Relevant Evidence - evidence having any value in reason as tending to prove any matter provable in an action. The test is the logical relation of the evidentiary fact to the fact in issue, whether the former tends to establish the probability or improbability of the latter. Res Gestae - literally means things done; it includes circumstances, facts, and declarations incidental to the main facts or transaction necessary to illustrate its character and also includes acts, words, or declarations which are closely connected therewith as to constitute part of the transaction. Rule Of Exclusion - that which is secondary evidence cannot inceptively be introduced as the original writing itself must be produced in court, except in the four instances mentioned in Section 3. Secondary Evidence - that which is inferior to the primary evidence and is permitted by law only when the best evidence is not available. Known as the substitutionary evidence. - shows that better or primary evidence exists as to the proof of fact in question. It is deemed less reliable. Self Serving Declaration - is one which has been made extrajudicially by the party to favor his interests. It is not issible in evidence. Testimonial Evidence - is that which is submitted to the court through the testimony or deposition of a witness. Unsound Mind - any mental aberration, whether organic or functional, or induced by drugs or hypnosis. Witness - reference to a person who testifies in a case or gives evidence before a judicial tribunal.

RULE 128 General Provisions Section 1. Evidence defined

Evidence Is the means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. The mode and manner of proving competent facts in judicial

proceedings.(Bustos v. Lucero) Proof The result or effect of evidence. When the requisite quantum of evidence of a particular fact has been duly itted and given weight, the result is called the proof of such fact. Factum Probandum The ultimate fact or the fact sought to be established. Refers to proposition. Factum Probans Is the evidentiary fact or the fact by which the factum probandum is to be established. Materials which establish the proposition. The law of evidence is fundamentally a procedural law. In criminal cases, if the alteration of these rules may validly be made applicable to cases pending at the time of such change, as the parties to an action have no vested right in the rules of evidence. In criminal cases, if the alteration of these rules of evidence would for instance, permit the reception of a lesser quantum of evidence than what the law required at the time of the commission of the offense in order to convict, then the retroactive application of such amendatory law would be unconstitutional for being ex post facto. The rules of evidence are specifically applicable only in judicial proceedings. In quasi-judicial proceedings, the rules of evidence shall apply by analogy, or in a suppletory character and whenever practicable and convenient except where the governing law on that particular proceeding specifically adopts the rules of evidence in the Rules of Court. In cases before the Court of Agrarian Relations, the Rules of Court were not applicable even in a suppletory character, except in criminal and expropriation cases, which procedure has been superseded by the provisions of RA 6657.

Section 2. Scope

Scope The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. Classification of Evidence According to Form 1. Objective or Real Evidence directly addressed to the senses of the court and consist of tangible things exhibited or demonstrated in open court, in an ocular inspection, or at place designated by the court for its view or observation of an exhibition, experiment or demonstration. This is referred to as autoptic preference. 2. Documentary Evidence evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances. 3. Testimonial Evidence is that which is submitted to the court through the testimony or deposition of a witness. Relevant Evidence evidence having any value in reason as tending to prove any matter provable in an action. The test is the logical relation of the evidentiary fact to the fact in issue, whether the former tends to establish the probability or improbability of the latter. Material Evidence evidence directed to prove a fact in issue as determined by the rules of substantive law and pleadings. The test is whether the fact it intends to prove is an issue or not. AS to whether a fact is in issue or not is in turn determined by the substantive law, the pleadings, the pre-trial order and by the issions or confessions on file. Consequently, evidence may be relevant but may be immaterial in the case. Competent Evidence one that is not excluded by this Rules, a stature or the Constitution. Direct Evidence that which proves the fact in dispute without the aid of any inference or presumption.

Circumstantial Evidence is the proof of a fact or facts from which taken either singly or collectively, the existence or a particular fact in dispute may be inferred as a necessary or probable consequence. Cumulative Evidence evidence of the same kind and to the same state of facts. Corroborative Evidence is additional evidence of a difference character to the same point. Prima Facie Evidence that which is standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed. Conclusive Evidence the class of evidence which the law does not allow to be contradicted. Primary Evidence that which the law regards as affording the greatest certainty of the fact in question. Also referred to as the best evidence. Secondary Evidence that which is inferior to the primary evidence and is permitted by law only when the best evidence is not available. Known as the substitutionary evidence. Positive Evidence when the witness affirms that a fact did or did not occur. Entitled to a greater weight since the witness represents of his personal knowledge the presence or absence of a fact. Negative Evidence when the witness did not see or know of the occurrence of a fact. There is a total disclaimer of persona knowledge, hence without any representation or disavowal that the fact in question could or could not have existed or happened. It is issible only if it tends to contradict positive evidence of the other side or would tend to exclude the existence of fact sworn to by the other side. What do the rules of evidence determine? All rights and liabilities are dependent upon and arise out of facts. Every judicial proceeding whatever has for its purpose the ascertaining of some right or liability. If the proceeding is Criminal, the object is to ascertain the liability to punishment of the person accused.

If the proceeding is Civil, the object is to ascertain some right of property or status, or the right of one party and the liability of other to some form of relief. Two branches of the law of procedure 1. The law of the pleadings which determines the questions in a dispute between the parties 2. The law of evidence, which determines how the party can convince the court of the existence of facts which according to the provisions of substantive law, would establish the existence of the right or liability which they allege to exist. Why should the rule of evidence be uniform? 1. The relation between the evidentiary fact and a particular proposition is always the same, without regard to the kind of litigation in which that proposition becomes material to be proved. 2. If the rules of evidence prescribe the best course to arrive at the truth, that must be and are the same in all civilized countries. Differences in the Rules of Evidence in Criminal and Civil Cases 1. Criminal Cases The accused attends by compulsion Civil Cases Parties attend by accord 2. Criminal Cases Presumption of innocence attends the accused throughout the trial until the same has been overcome by prima facie evidence of his guilt. Civil Cases There is no presumption as to either party. 3. Criminal Cases It is an implied ission of guilt. Civil Cases An offer to compromise does not as a general rule amount to an ission of liability. 4. Criminal Cases Guilt beyond reasonable doubt Civil Cases

Must prove by preponderance of evidence: Reason is that there is no presumption and due to the fact that the proof will only result in a judgment of pecuniary damages or establish Civil Right. Any evidence inissible according to the laws in force at the time the action accrued, but issible according to the laws in force at the time of the trial, is receivable. There is no vested right of property in rules of evidence. Reason: The rules of evidence are merely methods for ascertaining facts. It must be supposed that change of law merely makes it more likely that the fact will be truly ascertained, either by itting evidence whose former suppression or by suppressing evidence helped to conceal the truth. There are rules of evidence established merely for the protection of the parties. If according to the well-established doctrine, the parties may waive such rules during the trial of a case, there is no reason why they cannot make the waiver in a contract. However, if the rule of evidence waived by the parties has been established by law on grounds of public policy, the waiver is void. Section 3. issibility of Evidence

2 Axioms of issibility 1. None but facts having rational probative value are issible. 2. All facts having rational probative value are issible unless some specific rule forbids their ission. The issibility of Evidence is Determined at the Time it is Offered to the Court. Heirs of Sabanpan v. Comorposa (2003) The issibility of evidence should not be confused with its probative value. issibility refers to the question of whether certain pieces of evidence are to be considered at all, while probative value refers to the question of whether the itted evidence proves an issue. Thus, a particular item of evidence may be issible, but its evidentiary weight depends on judicial evaluation within the guidelines provided by the rules of evidence

Every objection to the issibility of evidence shall be made at the time such evidence is offered, or as soon thereafter as the objection to its issibility shall have become apparent, otherwise the objection shall be considered waived. Certain Doctrines or Rules of issibility 1. Conditional issibility Where the evidence at the time of its offer appears to be immaterial or irrelevant unless it is connected with the other facts to be subsequently proved, such evidence may be received ob condition that the other facts will be proved thereafter, otherwise the evidence given will be stricken out. This is subject to the qualification that there should be no bad faith on the part of the proponent. 2. Multiple issibility Where the evidence is relevant and competent for two or more purposes, such evidence should be itted for any or all the purposes for which it is offered provided it satisfies all the requirements of law for its issibility therefore. 3. Curative issibility This treats upon the right of the party to introduce incompetent evidence in his behalf where the court has itted the same kind of evidence adduced by the adverse party. Three theories on curative issibility: 1. American rule – the ission of such incompetent evidence, without objection by the opponent does not justify such opponent in rebutting it by similar incompetent evidence. 2. English rule – if a party has presented inissible evidence, the adverse party may resort to similar inissible evidence. 3. Massachusetts rule – the adverse party may be permitted to introduce similar incompetent evidence in order to avoid a plain and unfair prejudice caused by the ission of the other party’s evidence. Section 4. Relevancy; Collateral matters

Evidence must have such a relation to the fact in issue as to induce belief in its existence or non­existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or

improbability of the fact in issue. The rules prohibit the ission of irrelevant collateral facts only. Circumstantial evidence is legal evidence and if sufficient, can sustain a judgment. Circumstantial evidence is evidence of relevant collateral facts. Facts Relevant To The Issue    ­ are those facts which render the probable existence or      non­existence of a fact in issue, or some other relevant fact. The effect of the pleadings is that they help in determining whether the evidence offered is relevant to the case, for it is a familiar proposition that the evidence must be confined to the facts put in issue by the pleadings. Relevance    ­ Evidence has such a relation to the fact in issue as to induce      belief of its existence or non­existence.      General rule: Evidence on collateral matters is not allowed.      Exception: When it tends in any reasonable degree to establish      the improbability/probability of fact in issue. Collateral Matters    – Matters other than the fact in issue and which are offered as a      basis for inference as to the existence or non­existence of the      facts in issue. Evidence may be relevant but immaterial to the case.

RULE 129 What Need Not Be Proved Section 1. Judicial Notice, When Mandatory

Judicial Notice – no more than that the court will bring to its aid and consider, without proof of the facts, its knowledge of those matters of public concern which are known by all well-informed persons. - cognizance of certain facts which judges may take and act on without proof because they are already known to them. The object of judicial notice is to save time, labor and expense in securing and introducing evidence on matters which are not ordinarily capable of dispute and not actually bonafide disputed, and the tenor of which can safely be assumed form the tribunal’s general knowledge or from slight search on its part.

Judicial notice is based on convenience and expediency. Two kinds of judicial notice 1) Mandatory 2) Discretionary The direct effect of judicial notice upon the burden of proving a fact is to relieve the parties from the necessity of introducing evidence to prove the fact noticed. It makes evidence unnecessary. The stipulation and ission of the parties or counsel cannot prevail over the operation of the doctrine of judicial notice, and such stipulation and issions are all subject to the operation of the doctrine. Municipal trial courts are required to take judicial notice of the ordinances of the municipality or city wherein they sit. In the RTC, they must take such judicial notice only 1. when required to do so by statute and 2. in a case on appeal before them and wherein the inferior court took judicial notice of an ordinance involved in said case. Courts are required to take judicial notice of the decisions of the appellate courts but not of the decisions of coordinate trial courts. Judicial Notice When Mandatory 1. 2. 3. 4. 5. 6. 7. 8.

Existence and territorial extent of states Their political history Their forms of government Their symbols of nationality The law of nations iralty and maritime courts of the world and their seals Political constitution and history of the Philippines Official acts of the legislative, executive and judicial departments of the Philippines Courts cannot take judicial notice of foreign laws. (Yao-Kee v. Sy-Gonzales 1988) General rule: Courts are not mandated to take judicial notice of municipal ordinances. (City of Manila v. Garcia 1967)

Exception: If the charter of the concerned city provides for such judicial notice. General rule: Courts cannot take judicial notice of the contents/records of other cases even if both cases may have been tried or are pending before the same judge.(Prieto v. Arroyo 1965) Exception: The case clearly referred to or the original or part of the records of the case are actually withdrawn from the archives of that case and itted as part of the record of the case pending when:(Tabuena v. CA (1991) a) There is no objection from adverse party even with his knowledge thereof b) It is at the request or with the consent of the parties 9. Laws of nature; 10. Measure of time; 11. Geographical divisions Below is a sample Bar Examination question given in 2005 applying the above mentioned rule. 1. Explain briefly whether the RTC may, motu proprio, take judicial notice of: (5%) The street name of methamphetamine hydro-chloride is shabu. Answer: The RTC may motu proprio take judicial notice of the street name of methamphetamine hydrochloride is shabu, considering the chemical composition of shabu. (People v. Macasling, GM, No. 90342, May 27,1993) 2. Ordinances approved by municipalities under its territorial jurisdiction. Answer: In the absence of statutory authority, the RTC may not take judicial notice of ordinances approved by municipalities under their territorial jurisdiction, except on appeal from the municipal trial courts, which took judicial notice of the ordinance in question. (U.S. v. Blanco, G.R, No. 12435, November 9,1917; U.S. v. Hernandez, G.R. No. 9699, August 26, 1915) 3. Foreign laws

Answer: The RTC may not generally take judicial notice of foreign laws. It must be proved like any matter of fact except in few instances, the court in the exercise of its sound judicial discretion, may take notice of foreign laws when Philippine courts are evidently familiar with them, such as the Spanish Civil Code, which had taken effect in the Philippines, and other allied legislation. (Pardo v. Republic, G.R. No. L2248 January 23, 1950; Delgado v. Republic,G.R. No. L2546, January .28, 1950) 4. Rules and Regulations issued by quasi- judicial bodies implementing statutes. Answer: The RTC may take judicial notice of Rules and Regulations issued by quasi-judicial bodies implementing statutes, because they are capable of unquestionable demonstration , unless the law itself considers such rules as an integral part of the statute, in which case judicial notice becomes mandatory. (Chattamal v. Collector of Customs, G.R. No.16347, November 3,1920) 5. Rape may be committed even in public places. Answer: The RTC may take judicial notice of the fact that rape may be committed even in public places. The "public setting" of the rape is not an indication of consent. (People v. Tongson, G.R. No. 91261, February 18, 1991) The Supreme Court has taken judicial notice of the fact that a man overcome by perversity and beastly ion chooses neither the time, place, occasion nor victim. (People v, Barcelona, G.R. No. 82589, October 31,1990) Section 2. Judicial Notice, When Discretionary When Discretionary 1. Matters of public knowledge 2. Matters capable of unquestionable demonstration 3. Matters which ought to be known to judges because of their    judicial functions. The mere personal knowledge of the judge is not the judicial knowledge of the court.

Judicial cognizance is taken only of those matters which are commonly known. It is not essential that matters of judicial cognizance be actually known to the judge if the subject is proper for judicial knowledge, the judge may at his discretion, inform himself in any way which may seem best to him, and act accordingly. The doctrine of judicial notice rests on the wisdom and discretion of the courts. The power to take judicial notice is to be exercised by courts with caution, care must be taken that the requisite notoriety exists and every reasonable doubt upon the subject should be promptly resolved in the negative. Foreign laws may not be taken judicial notice of and have to be proved like any other fact EXCEPT where said laws are within the actual knowledge of the court such as when they are well and generally known or they have been actually ruled upon in other cases before it and none of the parties claim otherwise. To prove a written foreign law, the requirements must be complied with, that is, by an official publication or by a duly attested and authenticated copy thereof. Doctrine of Processual Presumption Absent any of the evidence or ission, the foreign law is presumed to be the same as that in the Philippines. Three instances when a Philippine court can take judicial notice of  a foreign law are: 1. When the Philippine courts are evidently familiar with the    foreign law 2. When the foreign law refers to the law of nations    (Sec.1 of Rule 129) 3. When it refers to a published treatise, periodical or pamphlet    on the subject of law if the court takes judicial notice of the    fact that the writer thereof is recognized in his profession or    calling on the subject. (Sec.46,Rule 130)

Section 3. Judicial Notice, When Hearing Necessary When Hearing is Necessary? 1. During the trial: The court may announce its intention to take    judicial notice of any matter and allow the parties to be heard    thereon on its own initiative or on request of a party. 2. After the trial and before judgment or on appeal, The court may    announce its intention to take judicial notice of any matter that    is decisive of a material issue in the case and allow the parties    to be heard thereon on its own initiative or on request of a party. The purpose of the hearing is not for the presentation of evidence

but to afford the parties reasonable opportunity to present information relevant to the proprietary of taking such judicial notice or to the tenor of the matter to be noticed. What stage may the court take judicial notice of a fact? 1. During trial 2. after trial and before judgment 3. appeal A Distinction is made between judicial notice taken during trial and that taken after trial but before judgment or on appeal. During the trial The Court may announce its intention to take judicial notice of any matter and may hear the parties thereon. After trial but before judgment or on appeal The Court may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case. The judge may consult works on collateral science, or arts, touching the topic on trial. What are the facts that do not need introduction of evidence?    SUGGESTED ANSWER:    a. Facts which a court shall or may take judicial notice.       (Secs.1 and 2, Rule 129, ROC)    b. Judicial issions. (Sec. 4, Rule 129, ROC)    c. Facts which may be presumed from proven facts. Distinguish mandatory judicial notice from discretionary  judicial notice. SUGGESTED ANSWER: 1. For mandatory judicial notice the court is compelled to take    judicial notice because of the use of the word "shall" in Sec.1,    Rule 129, ROC WHILE for discretionary judicial notice the court is    not compelled because of the use of the word "may" in Sec.2,    Rule 129, ROC. 2. Mandatory judicial notice takes place at the court's own initiative    while discretionary judicial notice may take place at the court's    initiative, or on request of a party. 3. Discretionary judicial notice requires a hearing and presentation    of evidence while mandatory judicial notice does not require hearing    and presentation of evidence.

Section 4. Judicial issions Definition  issions, verbal or written, made by the party in the course of

the proceedings in the same case. It requires no proof. (Rule 129,Sec.4) Judicial issions Are those so made in the pleadings filed or in the progress of a trial. Extrajudicial issions Are those made out of court, or in a judicial proceeding other than the one under consideration. Judicial ission may be contradicted only by showing that: 1. It was made through palpable mistake; 2. No such ission was made. Extrajudicial issions or other issions are, as a rule and where elements of estoppel are not present, disputable. A judicial ission may be oral as a verbal waiver of proof made in open court, a withdrawal of a contention or a disclosure made before the court, or an ission made by a witness in the course of his testimony or deposition, or may be in writing as in pleading, bill of particulars, stipulation of facts, request for ission, or a judicial ission contained in an affidavit used in the case. To be considered a judicial ission, the ission must be made in the same case, otherwise, it is an extrajudicial ission. When a defendant is declared in default for having failed to answer the complaint, such a failure does not amount to an ission of the facts alleged in the complaint. Stipulations voluntarily entered into between the parties will be respected and enforced by the court unless contrary to public policy or good morals. However, the binding effect of the facts applies only to the parties in agreement. Pleadings superseded or amended disappear from the record of judicial issions, and in order that any statements contained therein may be considered as an extrajudicial ission, it should be offered formally in evidence. Torres vs. CA (1984) An original complaint, after being amended, loses its character as a judicial ission, which would have required no proof. It becomes merely an extra­judicial ission requiring a formal offer in order to be issible. Bayas vs. Sandiganbayan  (GR Nos. 143689­91, November 12,2002) There is nothing irregular or unlawful in stipulating facts in criminal cases. The policy encouraging it is consistent with the doctrine of waiver, which recognizes that ". . . everyone has a right to waive and agree to waive the advantage of a law or rule made solely

for the benefit and protection of the individual in his private capacity, if it can be dispensed with and relinquished without infringing on any public right and without detriment to the community at large."       In the present case, the t Stipulation made by the prosecution and petitioners was a waiver of the right to present evidence on the facts and the documents freely itted by them. There could have been no impairment of petitioners' right to be presumed innocent, right to due process or right against self­incrimination because the waiver was voluntary, made with the assistance of counsel and is sanctioned by the Rules on Criminal Procedure. Once the stipulations are reduced into writing and signed by the parties and their counsels, they become binding on the parties who made them. They become judicial issions of the fact or facts stipulated. Even if placed at a disadvantageous position, a party may not be allowed to rescind them unilaterally; it must assume the consequences of the disadvantage. If the accused are allowed to plead guilty under appropriate circumstances, by parity of reasoning, they should likewise be allowed to enter into a fair and true pretrial agreement under appropriate circumstances.

RULE 130 Rules On issibility Section 1. Object as Evidence

Object Evidence Those addressed to the senses of the court.(Rule 130, Sec.1) It includes the anatomy of a person or ofany substance taken therefrom.(US v. Tan Teng) General rule: When object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.(Rule 130, Sec.1) Exception: Court may refuse introduction of object evidence and rely on testimonial alone if: 1. Its exhibition is contrary to public policy, morals or decency 2. It would result in delays, inconvenience, unnecessary expenses, out of proportion to the evidentiary value of such object (People vs.Tavera) 3. The evidence would be confusing or misleading.(People vs. Saavedra) Where an object is relevant to a fact in issue, the court may acquire

knowledge thereof by actually viewing the object, in which case such object becomes object evidence or by receiving testimonial evidence thereon. The fact that an ocular inspection has been held does not preclude a party from introducing other evidence on the same issue. Whether an ocular inspection is to be made or not lies in the discretion of the trial court. An ocular inspection conducted by a judge without notice to or presence of the parties is invalid as an ocular inspection is a part of the trial. The Court May Refuse The Introduction of Object Evidence and Rely on Testimonial Evidence Alone if: 1. The exhibition of such object is contrary to morals or decency 2. To require its being viewed in court or in an ocular inspection would result in delays, inconvenience, unnecessary expenses out of proportion to the evidentiary value of such object 3. Such object evidence would be confusing or misleading, as when the purpose is to prove the former condition of the object and there is no preliminary showing that there has been no substantial change in said condition 4. The testimonial or documentary evidence already presented clearly portrays the object in question as to render a view thereof unnecessary. Even if the object is repulsive or indecent, if a view of the same is necessary in the interest of justice, such evidence may still be exhibited but the court may exclude the public from such view. Object evidence includes any article or object which may be known or perceived by the use of any of the senses. Example: examination of the anatomy of a person or of any substance taken therefrom, or the examination of the representative portrayals of the object in question, such as maps, diagrams or sketches, pictures or audio-visual recordings, provided the same are properly authenticated. Just like ocular inspection, which are only auxiliary remedies afforded to the court, such observations of the court may be amplified by interpretations afforded by testimonial evidence, especially by experts.

NOTE: Documents are object evidence if the purpose is to prove their existence or condition, or the nature of the handwriting thereon, or to determine the age of the paper used, or the blemishes or alterations thereon, as where falsification is alleged. Otherwise, they are considered documentary evidence if the purpose is to establish the contents or tenor thereof. Object evidence may consist of articles or persons, which may be exhibited inside or outside the courtroom; it may also be a mere inspection of an object or an experiment. Object Evidence Is a tangible object that played some actual role on the matter that gave rise to the litigation. For instance, a knife. Demonstrative Evidence Is a tangible evidence that merely illustrates a matter of importance in the litigation such as maps, diagrams, models, summaries and other materials created especially for litigation. The Distinction between object and demonstrative evidence is important because it helps determine the standards that the evidence must meet to be issible. For Object Evidence, the required foundation relates to proving that the evidence is indeed the object used in the underlying event. The foundation for Demonstrative Evidence, does not involve showing that the object was the one used in the underlying event, but the foundation generally involves the showing that the demonstrative object fairly represents or illustrates what it is alleged to illustrate. Physical evidence is the highest form of evidence. Requisites For The issibility Of The Object Evidence: 1. Must be relevant to the fact in issue. Example: In murder case, the prosecution offered in evidence a gun. The gun must have some connection to the crime. There must be a logical nexus between the evidence and the point on which it is offered. 2. Object must be authenticated before it is itted. Authentication usually consists of showing that the object was involved in underlying event. The “chain of custody” method of authentication requires that every link in the chain of custody – every person who possessed the object

since it was first recognized as being relevant to the case, must explain what he did with it. In order that photographs may be given as evidence, it must be shown that it is the true and faithful representation of the place or object which to which they refer. Photographs may be verified by the photographer or any person acquainted with the object represented and testify that the same faithfully represents the object. For tape recordings, the ff. must be shown: 1. The recording device was capable of recording testimony 2. The operator of the device was competent 3. Establishment of the correctness or authenticity of the recording 4. Deletions, additions, changes have not been made 5. Manner of the preservation of the recording 6. Identification of the speakers 7. Testimony elicited was voluntarily made. Authenticated fingerprints may be compared to fingerprints found on the crime scene. Two theories on whether the court may compel the plaintiff to submit his body for inspection in personal injury cases: 1. No, because the right of a person to be secured of the possession or control of his person is sacred. 2. Yes, because if it is not allowed then the court will be an instrument of the grossest injustice and therefore the object for which courts are instituted would be defeated since the courts will be compelled to give a one-sided decision. Weight of authority favors the first 2nd theory. The accused may be compelled to submit himself to an inspection of his body for the purpose of ascertaining identity or for other purpose. There cannot be any compulsion as to the accused taking dictation from the prosecuting officer for the purpose of determining his participation in the offense charged. Whenever the defendant, at the trial of his case, testifying in his own behalf, denies that a certain writing or signature is in his own hand he may on cross-examination be compelled to write in open court in order that the jury may be able to compare his handwriting with the one in question.

Where the object in question cannot be produced in court because it is immovable or inconvenient to remove, it is proper for the tribunal to go to the object in its place and there observe it. Section 2. Documentary evidence

Documentary Evidence Writings or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their content.(Rule 130, Sec.2) Document Any substance having any matter expressed or described upon it by marks capable of being read. NOTE: If it is produced without regard to the message which it contains, it is treated as real evidence. Bar Exam Question 1994 Is the photocopy of the marked P100.00 bills used in the “buy-bust” operation real (object) evidence or documentary evidence? Answer: The photocopy of the marked bills is real (object) evidence not documentary evidence, because the marked bills are real evidence. Is the photocopy issible in evidence? Answer: Yes, the photocopy is issible in evidence, because the best evidence rule does not apply to object or real evidence. Bar Exam Question 2005 May a private document be offered, and itted in evidence both as documentary evidence and as object evidence? Explain. Answer: Yes, it can be considered as both documentary and object evidence. A private document may be offered and itted in evidence both as documentary evidence and as object evidence. A document can also be considered as an object for purposes of the case. Objects as evidence are those addressed to the senses of the court. (Sec. 1, Rule 130, Rules of Court) Documentary evidence consists of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions, offered as proof of their contents. (Sec. 2, Rule 130, Rules of Court)

Hence, a private document may be presented as object evidence in order to 'establish certain physical evidence or characteristics that are visible on the paper and writings that comprise the document. Section 3. Original Document Must Be Produced; Exceptions

Best Evidence Rule General Rule: The original document must be produced. When the subject of inquiry is the contents of a document, no evidence shall be issible other than the original document itself. Exceptions: 1. When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror 2. When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice 3. When the original consists of numerous s or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole 4. When the original is a public record in the custody of a public officer or is recorded in a public office Best Evidence Rule Is that rule which requires the highest grade of evidence obtainable to prove a disputed fact. Purpose of the rule requiring the production of the best evidence: Is the prevention of fraud because if the best evidence is not presented then the presumption of suppression of evidence will be present. NOTE: Best evidence rule applies only when the purpose of the proof is to establish the of writing. For the application of the best evidence, it is essential that: The original writing or if it is a private document, be first duly identified, and a sufficient and a sufficient foundation be laid, so as to entitle the writing to be itted in evidence, and it

must be available to the opposite party for cross-examination. What is the best evidence rule and how is it applied to documents? SUGGESTED ANSWER: If, possible, the best evidence which the nature of the case is susceptible shall always be required, if not available, then the best evidence that can be had shall be allowed. (Kneedler v. Paterno, 85 Phil. 183; 20 Am. Jur. 364) When the subject of inquiry is the contents of a document no evidence shall be issible other than the original itself. (Sec.3, Rule 130) Reason for rule: The reason for the best evidence rule is to prevent fraud. (Anglo-American, etc., v. Cannon, 31 Fed. 314). The best evidence rule is a misnomer because it merely requires the best evidence that is available, and if not available, secondary evidence shall be allowed. Application of best evidence rule: The best evidence rule applies only to contents of a writing, when those contents are the facts in issue, and not to its execution which may be proved by parol testimony or extrinsic papers. (Hernaez v. Mcgarth, 90 Phil. 565) Bar Exam 1997 Give the reasons underlying the adoption of the following rules of evidence: c) Best Evidence Rule SUGGESTED ANSWER: This Rule is adopted for the prevention of fraud and is declared to be essential to the pure istration of justice. (Moran,Vol. 5, p. 12.) If a party is in possession of such evidence and withholds it, the presumption naturally arises that the better evidence is withheld for fraudulent purposes. (Francisco. Rules of Court, vol. VII. Part I,pp, 121,122) Bar Exam 1997 When A loaned a sum of money to B. A typed a single copy of the promissory note, which they both signed. A made two photo (xeroxed) copies of the promissory note, giving one copy to B and retaining the other copy. A entrusted the typewritten copy to his counsel for safekeeping. The copy with A's counsel was destroyed when the law office was burned. a) In an action to collect on the promissory note, which is deemed to be the "original" copy for the purpose of the "Best Evidence Rule"?

b) Can the photocopies in the hands of the parties be considered "duplicate original copies"? c) As counsel for A, how will you prove the loan given to A and B? SUGGESTED ANSWER: a) The copy that was signed and lost is the only "original" copy for purposes of the Best Evidence Rule. (Sec. 4 [b] of Rule 130). b) No, They are not duplicate original copies because there are photocopies which were not signed (Mahilum v.Court of Appeals, 17 SCRA 482), They constitute secondary evidence. (Sec. 5 of Rule 130). c) The loan given by A to B may be proved by secondary evidence through the xeroxed copies of the promissory note. The rules provide that when the original document is lost or destroyed, or cannot be produced in court, the offerer, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. (Sec. 5 of Rule 130). Section 4. Original of document

What is an original document? 1. The original of a document is one in two the contents of which are the subject of inquiry. 2. When a document is in two or more copies, executed at or about the same time, with identical contents, all such copies are equally regarded as originals. 3. When an entry is repeated in the regular course, of business, one being copied from another at or near the time of the transaction, all entries are likewise equally regarded as originals. Document - is a deed, instrument or other duly authorized appear by which something is proved, evidenced or set forth. Documentary evidence is that which is furnished by written instruments, inscriptions and documents of all kinds. Rule of Exclusion: that which is secondary evidence cannot inceptively be introduced as the original writing itself must be produced in court,

except in the four instances mentioned in Section 3. The non-production of the original document unless justified in Section 3, gives rise to the presumption of suppression of evidence. In the case of real evidence, secondary evidence of the fact in issue may readily be introduced without having to for the non-production of such primary evidence. With respect to documentary evidence, the best evidence rule applies only when the content of such document is the subject of inquiry. If carbon copies are signed, they are considered as originals. In criminal cases, where the issue is not only with respect to the contents of the document but also as to whether such document actually existed, the original itself must be presented. Affidavits and depositions are considered as not being the best evidence, hence not issible if the affiants or deponents are available as witness. If the issue is the contents of the telegram as received by the addressee, then the original dispatch received is the best evidence and on the issue as to the telegram sent by the sender, the original is the message delivered for transmission. If the issue is the inaccuracy of transmission, both telegrams as sent and received are originals. General Rule: An objection by the party against whom secondary evidence is sought to be introduced is essential to bring the best evidence rule into application. Where secondary evidence has been itted, the rule of evidence might have been successfully invoked if proper and timely objection had been taken. When a duplicate or a copy is amended or altered by the party, it becomes the original. Blueprints and vellum tracings have been held to be originals rather than copies. Photocopies are not originals since they are reproduced at a latter time. When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction,

all the entries are regarded as originals. An electronic document shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means, shown to reflect the data accurately. Bar Exam Question 2003 a) State the rule on the issibility of an electronic evidence. b) When is an electronic evidence regarded as being the equivalent of an original document under the Best Evidence Rule? SUGGESTED ANSWER: a) Whenever a rule of evidence refers to the term writing, document, record, instrument, memorandum or any other form of writing, such term shall be deemed to include an electronic document as defined in these Rules. An electronic document is issible in evidence if it complies with the rules on issibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules. (Sec.2 of Rule 3) The authenticity of any private electronic document must be proved by evidence that it had been digitally signed and other appropriate security measures have been applied. b) An electronic document shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means, shown to reflect the data accurately. Section 5. When original document is unavailable

Secondary Evidence Shows that better or primary evidence exists as to the proof of fact in question. It is deemed less reliable. When Secondary Evidence May Be Introduced? 1. Original document is unavailable (lost, destroyed or cannot be produced in court) 2. Original document is in adverse party’s custody/control. 3. Original document is a public record. What Must Be Proved To it Secondary Evidence? 1. The execution of the original 2. Loss, destruction or unavailability of all such originals

3. Reasonable diligence and good faith in the search for or attempt to produce the original. The Due Execution Can Be Proved Through The Testimony Of Either: 1. The person who executed it 2. The person before whom its execution was acknowledged 3. Any person who was present and saw it executed and delivered or who thereafter saw it and recognized the signatures, or one to whom the parties thereto had previously confessed the execution thereof. Intentional destruction of the originals by a party who, however, had acted in good faith does not preclude his introduction of secondary evidence of the contents thereof. When the original is outside the jurisdiction of the court, as when it is in a foreign country, secondary evidence is issible. Secondary evidence may consist of (in the same order): 1. A copy of said document 2. Recital of its contents in an authentic document 3. The recollection of the witnesses Where the law specifically provides for the class and quantum of secondary evidence to establish the contents of a document, such requirement is controlling. It is not necessary to prove the loss beyond all possibility of mistake. A reasonable probability of its loss is sufficient, and this may be shown by bona fide and diligent search for it in place where it is likely to be found. Where both parties it that an instrument has been lost, it is sufficient to warrant the reception of secondary evidence. The fact of loss or destruction must, like any other fact, be proved by a fair preponderance of evidence, and this is sufficient. The fact that a writing is really a true copy of the original may be shown by the testimony of a person who has had the opportunity to compare the copy with the original and found it to be correct. In order that the testimony of such person may be issible, it is sufficient that the original was read to him by another person while he read the copy and found that it corresponded with what was read

to him. It is also sufficient where the person who made the original a short time thereafter made a copy by writing down the dictation of another reading from the original. As long as the originals of a public document in the possession of the parties have been proven lost, a certified copy of the document made before it was lost is issible as secondary evidence of its contents, and the burden of proof is upon the party questioning its authenticity to show that it is not a true copy of the original. In proving the contents of the original in some authentic document, it is sufficient if it appears in a private document which is proved to be authentic. “Authentic” means that the document should be genuine. It need not be a public document. It is not expected of a witness to state the contents of a document with verbal accuracy, it is enough that the substance of the documents be stated. Section 6. When original document is in adverse party's custody or control

If after reasonable notice is given to the adverse party to produce the document and after satisfactory proof of the existence of the document is made, he fails to produce the document, secondary evidence may be presented. Facts Which Must Be Shown By The Party Offering Secondary Evidence: 1. The adverse party’s custody or control of the original document 2. That reasonable notice was given to the adverse party who has the custody or control of the document 3. Satisfactory proof of its existence 4. Failure or refusal by the adverse party to produce it in court. No particular form of notice is required, as long as it fairly apprises the other party as to what papers are desired. Even an oral demand in open court for production at a reasonable time thereafter will suffice. Notice must be given to the adverse party, or his attorney, even if the document is in the actual possession of a third party. Where receipt of the original of a letter is acknowledge on a carbon

copy thereof, there is no need for a notice to the other party to produce the original of the latter. It should be observed that the duplicate copy, if complete, is itself an original copy and the only point in issue is the receipt of the basic original copy thereof. The justified refusal or failure of the adverse party to produce the document does not give rise to the presumption of suppression of evidence or create an unfavorable inference against him. It authorizes the introduction of secondary evidence. Under this rule, the production of the original document is procured by mere notice to adverse party and the requirements for such notice must be complied with as a condition precedent for the subsequent introduction of secondary evidence by the proponent. Where the nature of the action is in itself a notice, as where it is for the recovery or annulment of documents wrongfully obtained or withheld by the other party, no notice to produce said document is required. Section 7. Evidence issible when original document is a public record

Its contents may be proved by a certified copy issued by the public officer in custody thereof. Such document may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, and in case of an authorized public record of a private writing, the same may also be proved by a copy thereof attested by the legal keeper of the record. Procedure for proving the contents of original in the custody of a public officer: 1. When the original of a document 2. Is in the custody of a public officer or 3. Is recorded in a public office 4. Its contents may be proved a. By a certified copy b. Issued by the public officer c. In custody thereof. (Sec. 7 Rule 130) Section 8. Party who calls for document not bound to offer it

Production of papers or documents upon the trial, pursuant to a

notice duly served, does not make such papers or documents evidence. It is not until the party who demanded the production of the papers examine them and offers them in evidence that they assume the status of evidentiary matter. A party who calls for the production of a document and inspects it is not obliged to offer it as evidence.(Rule 130,Sec.8) Section 9. Evidence of written agreements

Parol Evidence: Any evidence aliunde, whether oral or written, which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. General Rule: When the of an agreement have been reduced to writing, it is to be considered as containing all the agreed upon and there can be, between the parties and their successors in interest, no evidence of such other than the contents of the written agreement. Exception: A Party may present evidence to modify, explain or add to the of the written agreement if he puts in issue in his pleading any of the following: a. An intrinsic ambiguity, mistake or imperfection in the written agreement b. The failure of the written agreement to express the true intent and agreement of the parties thereto c. The validity of the written agreement d. The existence of other agreed to by the parties or their successors in interest after the execution of the written agreement The term “agreement” includes wills. The parol evidence rule is based upon the consideration that when the parties have reduced their agreement on a particular matter into writing, all their previous and contemporaneous agreements on the matter are merged therein, hence evidence of a prior or contemporaneous verbal agreement is generally not issible to vary, contradict, or defeat the operation of a valid document. Formerly, even if there was a written agreement on a particular

subject matter, the parol evidence rule did not apply to or bar evidence of a collateral agreement between the same parties on the same or related subject matter, in the ff instances: 1. Where the collateral agreement is not inconsistent with the of the written contract 2. Where the collateral agreement has not been integrated in and is independent of the written contract as where it is suppletory to the original contract 3. Where the collateral agreement is subsequent to or novatory of the written contract 4. Where the collateral agreement constitutes a condition precedent which determines whether the written contract may become operative or effective, but this exception shall not apply to a condition subsequent not stated in the agreement Parol evidence rule does not apply, and may not properly be invoked by either party to the litigation against the other, where at least one party to the suit is not a party or privy to the written instrument in question and does not base a claim or assert a right originating in the instrument or the relation established thereby. PNB vs. Seeto 1952 The Parol Evidence Rule does not apply to collateral agreements. Pioneer Savings vs. CA The rule does not apply to exclude evidence of conditions subsequent in a deed of sale where such conditions were not stated in the agreement. Woodhouse vs. Halili 1953 It also does not apply if the issue revolves around fraud and false representation since they are incidental to the execution and not to the integration. Lechugas vs. CA 1986 It does not apply either when 3rd parties are involved. Ortañez v. CA 1997 The exceptions to the Parol Evidence Rule must be squarely put in issue. 1997 Bar Examination Give the reasons underlying the adoption of the following rules of evidence: a) Dead Man Rule

b) Parol Evidence Rule c) Best Evidence Rule d) The rule against the ission of illegally obtained extrajudicial confession e) The rule against the ission of an offer of compromise in civil cases Suggested Answer: b) Parol Evidence Rule It is designed to give certainty to a transaction which has been reduced to writing, because written evidence is much more certain and accurate than that which rests on fleeting memory only. 2001 Bar Examination Pedro filed a complaint against Lucio for the recovery of a sum of money based on a promissory note executed by Lucio. In his complaint, Pedro alleged that although the promissory note says that it is payable within 120 days, the truth is that the note is payable immediately after 90 days but that if Pedro is willing, he may, upon request of Lucio give the latter up to 120 days to pay the note. During the hearing, Pedro testified that the truth is that the agreement between him and Lucio is for the latter to pay immediately after ninety day’s time. Also, since the original note was with Lucio and the latter would not surrender to Pedro the original note which Lucio kept in a place about one day’s trip from where he received the notice to produce the note and in spite of such notice to produce the same within six hours from receipt of such notice, Lucio failed to do so. Pedro presented a copy of the note which was executed at the same time as the original and with identical contents. a) Over the objection of Lucio, will Pedro be allowed to testify as to the true agreement or contents of the promissory note? Why? (2%) b) Over the objection of Lucio, can Pedro present a copy of the promissory note and have it itted as valid evidence in his favor? Why? (3%) Suggested Answers: a) Yes, because Pedro has alleged in his complaint that the promissory note does not express the true intent and agreement of the parties. This is an exception to the parol evidence rule.

b) Yes, the copy in the possession of Pedro is a duplicate original and with identical contents. [Sec. 4(b) of Rule 130. Moreover, the failure of Lucio to produce the original of the note is excusable because he was not given reasonable notice, as requirement under the Rules before secondary evidence may be presented. Section 10. Interpretation of a writing according to its legal meaning

The language of a writing is to be interpreted according to the legal meaning it bears in the place of the execution unless the parties intended otherwise. Rules on Interpretation of Documents 1. Interpretation of a writing according to the legal meaning it bears in the place of execution, unless parties intended otherwise. (Rule 130, Sec.10) 2. Instrument construed so as to give effect to all provisions. (Rule 130,Sec.11) 3. Parties intention is to be pursued in construction of instrument. In the inconsistency between general and particular provision, the latter prevails. Particular intent controls general one inconsistent with it.(Rule 130, Sec.12) 4. The circumstances under which an instrument was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those whose language he is to interpret.(Rule 130,Sec.13) 5. The of a writing are presumed to have been used in their primary and general acceptation, but evidence is issible to show that they have a local/technical/peculiar signification and were so used and understood in the particular instance, in which case the agreement must be construed accordingly.(Rule 130,Sec.14) 6. When there is inconsistency between written words and printed words, the former controls over the latter.(Rule 130,Sec.14) 7. Experts and interpreters to be used in explaining writings that are difficult to be deciphered, or where the language is not understood by the court.(Rule 130,Sec.16) 8. When the of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he supposed the other understood it. And when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the provision is made.(Rule 130,Sec.17) 9. Construction in favor of natural right.(Rule 130,Sec.18)

10.Interpretation according to usage to determine instrument’s true character.(Rule 130,Sec.19) Section 11. Instrument construed so as to give effect to all provisions

In the construction of an instrument where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all. As a general rule there is need to prove the authenticity of private documents. Are there exceptions to this general rule ? SUGGESTED ANSWER: Yes. There may be no need to prove the a authenticity of private documents: a. When the document is ancient. (Sec. 21, Rule 132, ROC) b. When the execution and genuineness of the document is itted by the adverse party.(Tria vs. Cruz, 14 Phil.551) c. When the genuineness and due execution of the document is immaterial.(Hicks vs. Coleman, 25 Cal.122) Section 12. Interpretation according to intention general and particular provisions

In the construction of an instrument, the intention of the parties is to be pursued and when a general and a particular provisions are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it. Parties intention is to be pursued in construction of instrument. In the inconsistency between general and particular provision, the latter prevails. Particular intent controls general one inconsistent with it.(Rule 130,Sec.12) Section 13. Interpretation according to circumstances

For the proper construction of an instrument, the circumstances under which it was made, including the situation of the object thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those whose language he is to interpret. The circumstances under which an instrument was made, including the situation of the subject thereof and of the parties to it, may be

shown, so that the judge may be placed in the position of those whose language he is to interpret.(Rule 130,Sec.13) Section 14. Peculiar signification of Section 15. Written words control printed Section 16. Experts and interpreters to be used in explaining certain writings Section 17. Of Two constructions, which preferred Section 18. Construction in favor of natural right Section 19. Interpretation according to usage Section 20. Witnesses; their qualifications Section 21. Disqualification by reason of mental incapacity or immaturity Section 22. Disqualification by reason of marriage Section 23. Disqualification by reason of death or insanity of adverse party Section 24. Disqualification by reason of privileged communication Section 25. Parental and filial privilege Section 26. ission of a party Section 27. Offer of compromise not issible Section 28. ission by third party Section 29. ission by co-partner or agent Section 30. ission by conspirator Section 31. ission by privies Section 32. ission by silence Section 33. Confession Section 34. Similar acts as evidence Section 35. Unaccepted offer Section 36. Testimony generally confined to personal knowledge; hearsay excluded Section 37. Dying declaration Section 38. Declaration against interest Section 39. Act or declaration about pedigree Section 40. Family reputation or tradition regarding pedigree Section 41. Common reputation Section 42. Part of res gestae Section 43. Entries in the course of business Section 44. Entries in official records Section 45. Commercial lists and the like Section 46. Learned treatises Section 47. Testimony or deposition at a former proceeding Section 48. General rule Section 49. Opinion of expert witness Section 50. Opinion of ordinary witnesses Section 51. Character evidence not generally issible; exceptions: RULE 131

Burden of Proof and Presumptions Section 1. Burden of proof Section 2. Conclusive presumptions Section 3. Disputable presumptions Section 4. No presumption of legitimacy or illegitimacy RULE 132 Presentation of Evidence Section 1. Examination to be done in open court Section 2. Proceedings to be recorded Section 3. Rights and obligations of a witness Section 4. Order in the examination of an individual witness Section 5. Direct examination Section 6. Cross-examination; its purpose and extent Section 7. Re-direct examination; its purpose and extent Section 8. Re-cross-examination Section 9. Recalling witness