EVIDENCE

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RULES ON EVIDENCE XPN: The power of the Supreme Court to
suspend its own rules or to except a
particular case from its operations whenever
RULE-MAKING POWER OF THE the purposes of justice require cannot be
SUPREME COURT questioned. The rules of procedure should
Sec. 5 (5), Article VIII, 1987 PH be viewed as mere tools designed to
Constitution- facilitate the attainment of justice. Their strict
and rigid application, which would result in
SECTION 5. The Supreme Court shall have technicalities that tend to frustrate rather
the following powers: than promote substantial justice, must
always be avoided. (De Guzman v.
(5) Promulgate rules concerning the
Sandiganbayan, G.R. No. 03276, 11 Apr.
protection and enforcement of
1996)
constitutional rights, pleading, practice,
and procedure in all courts, the admission The power to suspend or even disregard
to the practice of law, the Integrated Bar, and rules can be so pervasive and compelling as
legal assistance to the underprivileged. Such to alter even that which the Supreme Court
rules shall provide a simplified and itself had already declared to be final. (Apo
inexpensive procedure for the speedy Fruits Corporation v. Land Bank of the
disposition of cases, shall be uniform for all Philippines, G.R. No. 154195, 12 Oct. 2010)
courts of the same grade, and shall not
diminish, increase, or modify substantive Where strong considerations of substantive
rights. Rules of procedure of special courts justice are manifest on the petition, the strict
and quasi-judicial bodies shall remain application of the rules of procedure may be
effective unless disapproved by the Supreme relaxed, in the exercise of its equity
Court. jurisdiction. (CTMC Int’l v. Bhagis Int’l Corp.,
G.R. No. 170488, 10 Dec. 2012)
XPN to the XPN: To relieve a litigant of an
LIMITATIONS ON THE RULE-MAKING injustice commensurate with his failure to
POWER OF THE SUPREME COURT comply with the prescribed procedure. The
mere invocation of substantial justice is not a
1. The rules shall provide a Simplified and
magical incantation that will automatically
Inexpensive procedure for the speedy
compel the Court to suspend procedural
disposition of cases;
rules. (Co-Unjieng v. C.A., G.R. No. 139596,
2. The rules must be Uniform for all the 24 Jan. 2006)
courts of the same grade; and
Parties praying for the liberal interpretation of
3. The rules must not Diminish, Increase or the rules must be able to hurdle that heavy
Modify substantive rights. (Sec. 5 (5), Art. burden of proving that they deserve an
VIII,1987 Constitution) Power of the exceptional treatment.
Supreme Court to Amend and Suspend
It was never the Court’s intent “to forge a
Procedural Rules
bastion for erring litigants to violate the rules
GR: Compliance with procedural rules is the with impunity.” (Prieto v. Alpadi Development
general rule, and abandonment thereof Corp., G.R. No. 191025, 31 Jul. 2013)
should only be done in the most exceptional
circumstances. (Pilapil v. Heirs of Briones,
G.R. No. 150175, 10 Mar. 2006)
NOTE: The courts have the power to relax or
suspend technical or procedural rules or to
except a case from their operation when SUBSTANTIVE LAW v. REMEDIAL LAW
compelling reasons so warrant or when the SUBSTANTIVE REMEDIAL LAW
purpose of justice requires it. (Commissioner LAW
of Internal Revenue v. Migrant Pagbilao Part of the law Prescribes the
Corporation, G.R. No. 159593, 12 Oct. 2006) which creates, methods of
defines or regulates enforcing those
rights concerning rights and
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life, liberty or obligations created Strict compliance with the rules has been
property (Primicias by substantive law. held mandatory and imperative, so that
v. Ocampo, G.R. (Ibid.) failure to pay the docket fee in the Supreme
No. L-6120, 30 Jun. Court, within the period fixed for that
1953) or the powers purpose, will cause the dismissal of the
of agencies or appeal. (Alvero v. De La Rosa et. al. G.R. No.
instrumentalities for L-286, 29 Mar. 1946)
the administration
of public affairs,
which when violated
gives rise to a Procedural laws applicable to actions
cause of action. pending at the Time of Promulgation
(Bustos v. Lucero, Statutes and rules regulating the procedure
G.R. No. L-2068, 20 of courts are considered applicable to
Oct. 1948) actions pending and unresolved at the time
Creates vested Does not create of their passage. This retroactive application
rights vested does not violate any right of a person
rights. adversely affected. (Panay Railways, Inc. v.
Heva Management and Development
Corporation et. Al., G.R. No. 154061, 25 Jan.
2012)
CONCEPTS IN REMEDIAL LAW
Procedural laws are adjective laws which
prescribe rules and forms of procedure of PRINCIPAL SOURCES OF REMEDIAL
enforcing rights or obtaining redress for their LAW
invasion. They refer to rules of procedure by (Co-D-Pro-C-A-I-C)
which courts applying laws of all kinds can
properly administer justice. They include 1. Constitution;
rules of pleadings, practice, and evidence
2. Different laws creating the judiciary,
(Tan, Jr. v. CA, G.R. No. 136368, 16 Jan.
defining and allocating jurisdiction to courts
2002)
of different levels;
Remedial law plays a vital role in the
3. Procedural laws and rules promulgated by
administration of justice. It lies at the very
the SC;
core of procedural due process, which
means a law which hears before it 4. Circulars;
condemns, one which proceeds upon inquiry
and renders judgment only after trial and 5. Administrative orders;
contemplates an opportunity to be heard 6. Internal rules; and
before judgment is rendered. (Albert v.
University Publishing, G.R. No. L- 19118, 30 7. Court decisions (Herrera, 2007)
Jan. 1965)

OBJECT OF REMEDIAL LAW

NATURE OF REMEDIAL LAW
The object is not to cause an undue
Rules of Court, promulgated by authority of protraction of the litigation, but to facilitate
law, have the force and effect of law; and the adjudication of conflicting claims and to
Rules of Court prescribing the time within serve, rather than to defeat, the ends of
which certain acts must be done, or certain justice. (Santo Tomas University Hospital v.
proceedings taken, are considered Surla, et al., G.R. No. 129718, 17 Aug. 1998,
absolutely indispensable to the prevention of referring to Continental Leaf Tobacco, Inc. v.
needless delays and to the orderly and IAC, G.R. No. L-69243, 22 Nov. 1985)
speedy discharge of judicial business.
(Gonzales v. Torres, A.M. No. MTJ-06-1653,
30 Jul. 2007) OBJECTIVE OF THE RULES OF COURT
To secure a: (Ju-S-I)
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1. Just; 5. Land registration proceedings; and
2. Speedy; and 6. Election cases (Sec. 4, Rule 1, ROC, as
amended)
3. Inexpensive disposition of every action
and proceeding. (Sec. 6, Rule 1, ROC, as However, the rules may apply to the
amended) abovementioned proceedings and cases by
analogy or in a suppletory character and
whenever practicable and convenient. (Sec.
Rule 128: General Provisions 4, Rule 1, ROC, as amended)

Section 1. Evidence defined.

Evidence is the means, sanctioned by these Is the rule on electronic evidence applicable
rules, of ascertaining in a judicial proceeding to criminal cases?
the truth respecting a matter of fact.
Yes. The SC in People vs. Enojas, March 10,
2014 ruled: As to the admissibility of the text
messages, the RTC admitted them in
Section 2. Scope. The rules of evidence conformity with the Court's earlier Resolution
shall be the same in all courts and in all trials applying the Rules on Electronic Evidence to
and hearings, except as otherwise provided criminal actions (A.M. No. 01-7-01-SC, Re:
by law or these rules. Expansion of the Coverage of the Rules on
The rules of evidence shall be the same in all Electronic Evidence, September 24, 2002,
courts and in all trials and hearings, except which now covers criminal cases).
as otherwise provided by law or these rules.
(Sec. 2, Rule 128)
Illustration:
The rule does not apply to election cases,
land registration and cadastral cases, Ong Chia vs. Republic, 328 SCRA 749- The
naturalization and insolvency proceedings, RTC granted the petitioner’s petition for
except by analogy or in a suppletory naturalization. The CA reversed the decision
character and whenever practicable and on the ground that the RTC admitted
convenient (Sec. 4, Rule 1) evidence which were not formally offered in
evidence in violation of Sec. 34, Rule 132 of
Note: the Rules of Court.
Principle of Uniformity According to SC, the rule on formal offer of
The Rules of Evidence shall be the same in evidence is not applicable to petition for
all courts and in all trials and hearings, naturalization unless applied by analogy or in
except as otherwise provided by law or the a suppletory character and whenever
Rules of Court. practicable and convenient.

Applicability of the Rules on Evidence

The Rules of Evidence, being part of the Sugar Regulatory Administration vs.
Rules of Court, apply only to judicial Tormon, G.R. No. 195640, December 4,
proceedings. (Sec. 1, Rule 128, ROC, as 2012
amended) The general rule is that administrative
The Rules of Court shall not apply to: (N- agencies are not bound by the technical
I-C-O-L-E) rules on evidence. It can accept documents
which cannot be admitted in a judicial
1. Naturalization proceedings; proceeding where the Rules of Court are
strictly observed. It can choose to give weight
2. Insolvency proceedings;
or disregard such evidence, depending on its
3. Cadastral proceedings; trustworthiness.

4. Other cases not provided in the Rules of The technical rules of evidence are not
Court; binding on labor tribunals (Manalo vs. TNS
Phil. G.R. No. 208567, November 26, 2014).
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Thus, written statements of certain EVIDENCE IN CIVIL CASE v. EVIDENCE
employees can be admitted even if they were IN CRIMINAL CASE
not cross-examined.
EVID IN CIVIL EVID IN CRIMINAL
The rules of evidence are not strictly CASE CASE
observed in proceedings before the NLRC The party having The guilt of the
which are summary in nature and decisions the burden of proof accused must be
may be made on the basis of position papers must prove his proved beyond
(Castillo vs. Prudentialife Plans, Inc., GR No. claim by a reasonable doubt.
196142, March 26, 2014). preponderance of (Sec. 2, Rule 133,
evidence. (Sec. 1, ROC, as amended)
Rule 133, ROC, as
amended)
In Sasan, Sr., vs. NLRC, 569 SCRA 670, the GR: An offer of GR: An offer of
respondent submitted documents before the compromise is not compromise by the
NLRC which was not presented before the an implied accused may be
Labor Arbiter. It was considered by the admission of any received in
NLRC. The SC ruled that in that situation, the liability, and is not evidence as
NLRC may consider evidence even for the admissible in an implied
first time on appeal since technical rules of evidence against admission of
evidence are not bonding in labor cases. the offeror. guilt.

In the same case, the SC ruled that even Neither is evidence XPNs:
photocopies can be admitted as evidence. of conduct nor 1. Those involving
statements quasi-offenses
made in (criminal
compromise negligence); and
Parol evidence rule, like other rules of
negotiations 2. Criminal cases
evidence, should not be strictly applied in admissible. allowed by law to
labor cases. be compromised.
Hence, a Labor Arbiter is not precluded from XPN: Evidence (Sec. 28, Rule 130,
Otherwise ROC, as amended)
accepting and evaluating evidence other
discoverable
than, and even contrary to, what is stated in or offered for
the CBA (Cirtek Employees Labor Union- another purpose,
Federation of Free Workers vs. Cirtek such as proving
Electronics, 650 SCRA 656-663). bias or prejudice of
a witness,
negativing a
When is evidence necessary? Issue of Fact contention of undue
delay, or proving an
effort to obstruct a
criminal
Instances where evidence is no longer investigation or
required: prosecution. (Sec.
28, Rule 130, ROC,
1. When the pleadings in the a civil case
as amended)
fail to tender an issue. Judgment on
The concept of The accused enjoys
the pleading will ensue in accordance presumption of the constitutional
with Rule 34. innocence does not presumption of
2. When parties stipulated on certain apply and generally innocence.
facts. there is no
3. When a fact is subject to judicial presumption for or
notice. against a party
4. When the fact is judicially admitted except in cases
5. When the law or rule presumes the provided for by law.
truth of a fact. The concept of Confession is a
confession does declaration of an
not apply accused
acknowledging his
guilt.
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Proof vs. Evidence Admissibility of Evidence:
 Proof is the product of evidence. Section 3. Admissibility of Evidence.
 Evidence is the medium of proof. Evidence is admissible when it is relevant to
the issue and is not excluded by the
Constitution, the law of these rules.
Factum probandum vs. Factum probans
Factum probandum is the fact or proposition
The new rule clarifies that the competency of
to be established, while factum probans is
the evidence is not only determined by the
the fact or material evidencing the fact or
Rules of Court and the law, but also by the
proposition to be established.
constitution.
The factum probandum is the fact to be
There are exclusionary rule in the
proved; it is the fact which is in issue in a
Constitution. For instance, Section 3, in
case and to which the evidence is directed.
relation to Section 2 of Article III of the
On the other hand, factum probans is the
Constitution. Section 12(3) in relation to
probative or evidentiary fact tending to prove
Section 17 of Article III.
the fact in issue.
Thus, the new Rule deemed it to include the
Constitution in Section 3, because it also
Illustration: provide rules for excluding evidence in the
court of justice.
In civil cases, the factum probandum is the
elements of the cause of action which are
denied by the defendant. Admissibility involves two questions:
In criminal cases the factum probandum
1. Relevancy
refers to matters which the prosecution must
2. Competency
prove beyond reasonable doubt in order to
justify the conviction.
RA 10591 – Illegal possession of firearm RELEVANCY- It is the relationship of
evidence to the fact in issue. If the evidence
RA 9165 – Dangerous Drugs Act
will tend to prove the fact in issue, then the
evidence is relevant. If there is no connection
at all, then the evidence is not relevant.
EQUIPOISE RULE
How do you determine the connection of
A situation where the evidence of the parties evidence with the fact in issue?
is evenly balanced, or there is doubt on
which side the evidence preponderates (or It is not matter of law, rather it is a matter of
weighs more heavily). logic.

(Rivera v. Court of Appeals, G.R. No.

115625, January 23, 1998) (Rivera v. Coart
Section 4. Relevancy; collateral matters.
of Appeals, G.R. No. 115625, 23 Jan. 1998)
Evidence must have such a relation to the
It is based on the principle that no one shall
fact in issue as to induce belief in its
be deprived of his life, liberty or property
existence or non-existence. Evidence on
without due process of law. (Sec. 1, Art III,
collateral matters shall not be allowed,
1987 Constitution)
except when it tends in any reasonable
In criminal cases, where the evidence is degree to establish the probability or
evenly balanced, the constitutional improbability of the fact in issue.
presumption of innocence tilts the scales in
favor of the accused.
To be relevant, evidence must relate to an
In civil cases, when the evidence of the
issue of fact. If not, then it is irrelevant.
parties is in equipoise, the party who has the
burden of proof loses.
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If you introduce evidence for a fact not probability or improbability of the fact in
alleged in the pleading, then the introduction issue. (Sec. 4, Rule 128)
of such evidence may be objected for being
Collateral matters are not direct evidence. It
irrelevant.
is just additional or auxiliary evidence to the
fact in issue.
It could not directly prove the fact in issue.
Problem:
A was charged for killing B. The information COMPETENCY- It is one that is not excluded
was captioned as Murder. However, the by the law or rules.
Information failed to allege circumstances
If the test of relevancy is logic and common
which would qualify the killing to murder.
sense, the test of competency is the,
During trial, the prosecution introduced
constitution, law or rules.
evidence of treachery.
Is admissibility of evidence the same as
If you are the counsel for the defense, what
weight of evidence?
procedural action will you do to protect the
interest of your client? No. the admissibility of evidence should not
be equated with the weight of the evidence.
Answer:
The admissibility of evidence depends on its
I will object to the presentation of evidence of relevance and competence while the weight
treachery on the ground of relevancy. The of evidence pertains to its tendency to
qualifying circumstance was not put as an convince and persuade. A particular item of
issue for failure to allege the same in the evidence may be admissible but its
Information. evidentiary weight depends on judicial
evaluation with the guidelines provided by
Under Section 8, Rule 110, it is required that
the rules on evidence (Tating vs. Marcella,
the qualifying and aggravating circumstance
519 SCRA 79).
must be specified in the Information.

A. CONSTITUTIONAL EXCLUSIONARY
People vs. Feliciano, May 5, 2014 RULES
In Anti-Hazing Law, disguise is an
1. Unreasonable searches and seizures;
aggravating circumstances. The information
(Sec. 2, Art. III, 1987 Constitution)
was not able to allege that the participants in
the hazing were wearing mask. But, they 2. Privacy of communication and
were able to prove the same during trial. correspondence; (Sec. 3, Art. III, 1987
Constitution)
Is it proper for the Court to appreciate the fact
of wearing mask as an aggravating 3. Right to counsel, prohibition on torture,
circumstance? force, violence, threat, intimidation, or other
means which vitiate the free will; prohibition
No. The failure to state an aggravating
on secret detention places, solitary,
circumstance, even if duly proven during the
incommunicado; and (Sec. 12, Art. III, 1987
trial, will not be appreciated as such. It will
Constitution)
violate the constitutional right of the accused
to be informed of the nature and cause of the 4. Right against self-incrimination. (Sec. 17,
accusation against him. Art. III, 1987 Constitution)

Collateral Matters B. STATUTORY EXCLUSIONARY RULES

Evidence on collateral matters shall not be 1. Lack of documentary stamp tax in
allowed, except when it tends in any documents, instruments, or papers required
reasonable degree to establish the by law to be stamped makes such
documents inadmissible as evidence in court
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until the requisite stamp/s shall have been The "fruit of the poisonous tree" is at least
affixed thereto and cancelled. (Sec. 201, once removed from the illegally seized
NIRC) evidence, but it is equally inadmissible. The
rule is based on the principle that evidence
2. Any communication obtained by a person,
illegally obtained by the State should not be
not being authorized by all the parties to any
used to gain other evidence because the
private communication, by tapping any
originally illegally obtained evidence taints all
wire/cable or using any other
evidence subsequently obtained. (People v.
device/arrangement to secretly
Alicando, G.R. No. 117487, 12 Dec. 1995)
overhear/intercept/record such information
by using any device, shall not be admissible
in evidence in any judicial/quasijudicial/
Kinds of Admissibility
legislative/administrative hearing or
investigation. (Secs. 1 and 4, R.A. No. 4200, 1. Multiple Admissibility – Evidence
Anti- Wire Tapping Act) which is admissible for two or more
purposes.
3. Any confession, admission or statement
obtained as a result of torture shall be
inadmissible in evidence in any proceedings,
except if the same is used as evidence 2. Conditional admissibility – Sometimes
against a person or persons accused of the relevance of an evidence is not
committing torture. (Section 8, RA 9745 or readily apparent at the time it is offered,
Anti Torture Act of 2009) (Sec. 8, R.A. No. but the relevance of which may be seen
9745 or Anti Torture Act of 2009) when connected to other pieces of
evidence not yet offered. In which case,
C. Under the Rules of Court, Rule 130 is such evidence may be admitted
the applicable rule in determining the conditionally.
admissibility of evidence.
Illustration:
D. Court issuances, such as:
The prosecution witness testified that he saw
1. Rules on Electronic Evidence, e.g., the person who stabbed the victim to be
compliance with authentication requirements sporting a color red hair but the witness was
for electronic evidence; not able to identify the accused in open court.
The counsel for the defense moved for the
2. Rule on Examination of Child Witness,
striking out of his testimony for being
e.g., sexual abuse shield rule; and
immaterial. The prosecution countered that it
3. Judicial Affidavit Rule. will present evidence that the person whom
the witness identified to be sporting a color
red hair is the accused.
DOCTRINE OF THE FRUIT OF THE
POISONOUS TREE
3. Curative admissibility- allows a party to
Illegally obtained evidence shall be
introduce otherwise inadmissible
inadmissible in evidence for any purpose in
evidence to answer the opposing party’s
any proceeding because they are the “fruit of
previous introduction of inadmissible
the poisonous tree.”
evidence. Thus, a party who first
E.g., Evidence obtained without a valid introduces either irrelevant or
search warrant subject to exceptions; incompetent evidence into the trial
issuance of general warrants that encourage cannot complain of the subsequent
law enforcers to go on fishing expeditions admission of similar evidence from the
(Sec. 3 (2), Art. III, 1987 Constitution)583 adverse party relating to the same
subject matter.
Illegally seized evidence is obtained as a
direct result of the illegal act, whereas the Example:
"fruit of the poisonous tree" is the indirect
In a collection suit filed by A against B, A
result of the same illegal act.
introduced evidence that B borrowed money
from C, D and E, but did not pay. B objects
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on the ground that it is immaterial and 4. Corroborative Evidence- It is one which
constitute character assassination. is supplementary to that already given
Nevertheless, the Court allowed. tending to strengthen or confirm it. It is
additional evidence of different character.
B, can introduce evidence that he already
paid his debt to C, D and E. 5. Positive Evidence- Evidence is said to be
positive when a witness affirms that a certain
state of facts does exist or a certain event
ADMISSIBILITY v. WEIGHT happened.

Admissible Weight 6. Negative Evidence - It is negative when

Refers to the Refers to the the witness states that an event did not
question of whether question of whether occur or that state of facts alleged to exist
or not the evidence or not the evidence did not exist.
is to be considered proves an issue.
at all. (Atienza v.
Board of Medicine, Weight of positive and negative evidence
G.R. No. 177407,
09 Feb. 2011) The defense of denial is viewed with disfavor
Depends on Pertains to for being inherently weak. It cannot prevail
relevance and evidence already over the positive and credible testimony of
competence. submitted and its prosecution witnesses (People vs. Reyes,
tendency to GR No. 194606, Feb. 18, 2015)
convince or
persuade. (Tating v. Greater weight is given to positive
Marcella, G.R. No. identification of the accused by the
155208, 27 Mar. prosecution witnesses than the accused’s
2007) denial (People vs. Solina, January 13, 2016)

BURDEN OF PROOF v. BURDEN OF

Classification of Evidence: EVIDENCE
1. Direct Evidence- It proves a fact Rule 131: Burden of Proof and Burden of
without the need to make an Evidence
inference from another fact.
SEC. 1. Burden of Proof and Burden of
2. Circumstantial Evidence- It is that Evidence.— Burden of proof is the duty of a
evidence which indirectly proves a party to present evidence on the facts in
fact in issue through an inference issue necessary to establish his or her claim
which the fact finder draws from the or defense by the amount of evidence
evidence established. required by law. Burden of proof never shifts.
Burden of evidence is the duty of a party to
Conviction by circumstantial Evidence, present evidence sufficient to establish or
Requisites: rebut a fact in issue to establish a prima facie
case. Burden of evidence may shift from one
1. There is more than one party to the other in the course of the
circumstance; proceedings, depending on the exigencies of
2. The facts from which the inference the case.
are derived are proven; and
3. The combination of all the
circumstances is such as to produce
Test for determining where the Burden of
conviction beyond reasonable doubt.
Proof lies
3. Cumulative Evidence- It refers to
Ask which party to an action or suit will fail if
evidence of the same kind and character as
he offers no evidence competent to show the
that already given which tend to prove the
facts averred as the basis for the relief he
same proposition.
seeks to obtain.
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Relevant Concepts on Burden of Proof: A party in whose favor the legal presumption
exists may rely on and invoke such legal
In civil cases, it is a basic rule that the party
presumption to establish a fact in issue. One
making allegations has the burden of proving
them by preponderance of evidence. By need not introduced evidence to prove the
preponderance of evidence is meant that fact for a presumption is prima facie proof of
evidence adduced by one side is, as a whole, the fact presumed (Diesel Construction vs.
superior to that of the other side (NFF UPSI Property, 549 SCRA 12)
Industrial Corporation vs. G& L Brokerage,
January 12, 2015).
Kinds of Presumption:
In administrative cases, the complainant
bears the burden in proving the averments of a. Conclusive – when the presumption
his complaint by substantial evidence. becomes irrebuttable upon the
However, conjectures and suppositions are presentation of evidence and any
not sufficient to prove accusations evidence tending to rebut the
(Lorenzana vs. Austria, April 2, 2014). presumption is not admissible
The burden of proof that a debt was
b. Disputable – if it may be contradicted
contracted lies with the creditor-plaintiff. He
by other evidence.
who asserts, not who denies, must prove
(Homeowners Savings & Loan Bank vs.
Dailo, 453 SCRA 283). In criminal cases, what is the obligation of the
prosecution in case the presumed fact is an
However, he who pleads payment has the
element of the offense?
burden of proving it. (Bognot vs. RRI
Lending, September 24, 2014) It is the obligation of the prosecution to prove
beyond reasonable doubt the fact from which
the presumption is derived. (Section 6, Rule
Burden of Evidence 131).
It is the duty of a party to go forward with
evidence to overthrow the prima facie
RULE 131: Burden of Proof, Burden of
evidence against him (People vs. CA,
Evidence and Presumptions
February 25, 2015)
Section 6; Presumption against an
If the accused admits the killing, the burden
Accused in Criminal Cases- If a presumed
of evidence is shifted to the accused to prove
fact that establishes guilt, is an element of
his defenses (Flores vs. People, February
the offense charged, or negates a defense,
27, 2013)
the existence of the basic fact must be
proved beyond reasonable doubt and the
presumed fact follows from the basic fact
Presumption
beyond reasonable doubt.
It is an assumption of fact resulting from the
rule of law which require such fact to be
assumed from another fact or group of facts The provision simply means that if the
found or otherwise established in an action presumed fact is an element of crime, the
(Black Law Dictionary) fact from which the presumed fact was
derived and the intimate connection between
It is an inference of the existence or
the two must be proved beyond reasonable
nonexistence of a fact which courts are
doubt.
permitted to draw from proof of other facts (In
the matter of the Intestate of Delgado and Example: BP 22. on of the elements is: The
Rustia, 480 SCRA 334) knowledge of the maker, drawer, or issuer
that at the time of issue he does not have
sufficient funds in or credit with the drawee
What is the effect of presumption? bank for the payment of such check in full
upon its presentment.
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What is evidence of knowledge of evidence is a phrase which, in the last
insufficiency of funds? The making, drawing analysis, means probability of the truth. It is
and issuance of a check payment of which is evidence which is more convincing to the
refused by the drawee because of court as worthy of belief than that which is
insufficient funds in or credit with such bank, offered in opposition thereto (Encinas v.
when presented within ninety (90) days from National Bookstore, Inc., 485 Phil. 683, 695
the date of the check, shall be prima facie (2004), cited in Republic vs. Cuenca, GR No.
evidence of knowledge of such insufficiency 198393, april 4, 2018).
of funds or credit unless such maker or
drawer pays the holder thereof the amount
due thereon, or makes arrangements for The quantum of evidence in criminal cases is
payment in full by the drawee of such check proof beyond reasonable doubt Proof
within (5) banking days after receiving notice beyond reasonable doubt does not connote
that such check has not been paid by the absolute certainty. It means the degree of
drawee. proof which produces moral certainty in an
unprejudiced mind of the culpability of the
Therefore, under Section 6, Rule 130, the
accused. Such proof should convince and
prosecution must prove beyond reasonable
satisfy the reason and conscience of those
doubt the fact that the accused made, drew
who are to act upon it that the accused is in
and issued of a check payment of which is
fact guilty (Ng vs. People, GR No. 173905,
refused by the drawee because of
April 23, 2010).
insufficient funds in or credit with such bank,
when presented within ninety (90) days from
the date of the check and the accused did not
pay the same or make arrangements for The quantum of proof in administrative cases
payment in full by the drawee of such check is substantial evidence Substantial evidence
within (5) banking days after receiving notice means such relevant evidence as a
that such check has not been paid by the reasonable mind might accept as adequate
drawee. to support a conclusion (Ombudsman v.
Torres, 567 Phil. 46, 57 [2008]).

Another example: Estafa, through

misappropriation under Article 315 par. 1(b). Will the acquittal in an administrative result in
the dismissal of the criminal case?
The failure to return upon demand the
properties which one has the duty to return is No. It will not follow. Administrative and
tantamount to appropriating the same for his criminal proceedings are two different
own personal use. proceedings. They involve different
procedure.
The fact that accused failed to return the
property upon demand must be proved by Thus, the prosecution is not precluded from
proof beyond reasonable doubt because it is adducing evidence to discharge the burden
the basis fact from which the fact presumed of proof required in criminal cases. (Paredes
is derived. vs. CA, 528 SCRA 577).

WEIGHT AND SUFFICIENCY OF What is clear and convincing evidence?

EVIDENCE It is clear and convincing if it produces in the
The quantum of evidence required in civil mind of the trier of fact a firm belief or
cases is preponderance of evidence. conviction as to the allegation sought to be
established. It is intermediate, being more
“Preponderance of evidence" is the weight, than preponderance of evidence, but not to
credit, and value of the aggregate evidence the extent of such certainty as is required
on either side and is usually considered to beyond reasonable doubt in criminal cases.
(Black Law Dictionary).
be synonymous with the term greater weight
of the evidence or greater weight of the
credible evidence. Preponderance of
EVIDENCE
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JUDICIAL NOTICE evidence is designed to fulfill. Its function is
to abbreviate litigation by admission of
RULE 129: What Need Not Be Proved
matters that needs no evidence because
Section 1. Judicial Notice; when judicial notice is a substitute for formal proof
mandatory. A court shall take judicial notice, of a matter by evidence. (Riano, 2019)
without the introduction of evidence, of the
existence and territorial extent of states, their
political history, forms of government and KINDS OF JUDICIAL NOTICE
symbols of nationality, the law of nations, the
1. Mandatory – insofar as those matters
admiralty and maritime courts of the world
enumerated under Sec. 1, Rule 129;
and their seals, the political constitution and
history of the Philippines, official acts of the 2. Discretionary – on matters which are of
legislative, executive and judicial public knowledge, or are capable of
departments of the National Government of unquestionable demonstration, or ought to
the Philippines, the laws of nature, the be known to judges because of their
measure of time, and the geographical functions (Sec. 2, Rule 129, ROC, as
divisions. amended)

FACTS THAT NEED NOT BE PROVED: MANDATORY JUDICIAL NOTICE

1. Those of which the courts may take When the matter is subject to a mandatory
Judicial Notice (Rule 129, ROC, as judicial notice, no motion or hearing is
amended); necessary for the court may take judicial
notice of a fact.
2. Those that are Judicially Admitted (Rule
129, ROC, as amended); What may be subject to judicial notice of the
court (Mandatory)?
3. Those that are Conclusively presumed
(Rule 131, ROC, as amended); 1. Existence and territorial extent of states
4. Those that are Disputably presumed but 2. Their political history
uncontradicted (Rule 131, ROC, as
amended); 3. Forms of government

5. Immaterial allegations; 4. Symbols of nationality

6. Facts admitted or not denied provided they 5. Law of nations the admiralty and maritime
have been sufficiently alleged (Sec. 11, Rule courts of the world and their seals
8, ROC, as amended); 6. Political constitution and history of the
7. Res Ipsa Loquitur; and Philippines

8. Admissions by adverse party (Rule 26, 7. Official acts of the legislative, executive
ROC, as amended) and judicial departments of the National
Government of the Philippines,
8. Laws of nature,
JUDICIAL NOTICE
9. Measure of time,
It is the cognizance of certain facts which
judges may properly take and act upon 10. geographical divisions
without proof because they are supposed to
be known to them. It is based on
considerations of expediency and Social Justice Society vs. Atienza, GR No.
convenience. It displaces evidence, being 156052, Feb. 13 2008
equivalent to proof. (Regalado, 2008)
While courts are required to take judicial
FUNCTION OF JUDICIAL NOTICE notice of the laws enacted by Congress, the
rule with respect to local ordinances is
It dispenses the presentation of evidence different. Ordinances are not included in the
and fulfills the purpose for which the
EVIDENCE
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enumeration of matters covered by known. (State Prosecutors v. Muro, A.M. No.
mandatory judicial notice under Section 1, RTJ-92-876, 19 Sept. 1994)
Rule 129 of the Rules of Court.
Even where there is a statute that requires a
No hearing is required in the enumeration
court to take judicial notice of municipal
under Sec. 2, Rule 129.
ordinances, a court is not required to take
judicial notice of ordinances that are not REQUISITES FOR THE APPLICATION OF
before it and to which it does not have THE PRINCIPLE OF DISCRETIONARY
access. The party asking the court to take JUDICIAL NOTICE
judicial notice is obligated to supply the court
with the full text of the rules the party desires 1. The matter must be one of common and
it to have notice of. Counsel should take the general knowledge;
initiative in requesting that a trial court take 2. It must be well and authoritatively settled
judicial notice of an ordinance even where a and not doubtful or uncertain; and
statute requires courts to take judicial notice
of local ordinances. 3. It must be one which is not subject to a
reasonable dispute in that it is either:
a. Generally known within the territorial
WHEN JUDICIAL NOTICE IS jurisdiction of the trial court; or
DISCRETIONARY
b. Capable of accurate and ready
1. Matters which are of Public knowledge; determination by resorting to sources whose
NOTE: Public knowledge are those matters accuracy cannot reasonably be
coming to the knowledge of men generally in questionable. (Expert Travel & Tours, Inc. v.
the course of ordinary experiences of life, or CA, G.R. No. 152392, 26 May 2005)
they may be matters which are generally
accepted by mankind as true and are
capable of ready and unquestioned TEST OF NOTORIETY
demonstration.
Whether the fact involved is so notoriously
2. Capable of unquestionable known as to make it proper to assume its
Demonstration; or existence without proof.

NOTE: Matters which are capable of

unquestionable demonstration are facts,
theories and conclusions which have come
to be established and accepted by the
specialists in the areas of natural science,
natural phenomena, chronology, technology,
geography, statistical facts and other fields of
professional and scientific knowledge.
(Francisco, 1996)
3. Ought to be known to judges because of
their judicial Functions. (Sec. 2, Rule 129,
ROC, as amended)

NOTE: Judicial Notice is not Judicial

Knowledge. The mere personal knowledge
of the judge is not the judicial knowledge of
the court, and he is not authorized to make
his individual knowledge of a fact, not
generally or professionally known, the basis
of his action. Judicial cognizance is taken
only of those matters which are "commonly"