Special Proceedings

RULE 75

PRODUCTION AND ALLOWANCE OF WILL;

ALLOWANCE OF WILL NECESSARY

SECTION 1. Allowance necessary. Conclusive  as to execution.

No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right to appeal, such allowance of the will shall be conclusive as to its execution.

Probate or allowance of wills

-          It is an act of proving in court a document purporting to be the last will and testament of a certain deceased person for the purpose of its official recognition, registration and carrying out its provision in so far as they are in accordance with law.

Concept and extent of DUE EXECUTION: FSDUG

1.       The will was executed in accordance with the strict formalities of the law;

2.       The testator was of sound and disposing mind at the time of the execution of the will;

3.       Consent is not vitiated by any duress, fear or threats;

4.       The will was not procured by any undue influence from the beneficiary or by some other person for his benefit; and

5.       The signature of the testator is genuine.

Issues that may be brought before the probate court

1.       The determination of whether a property should be included in the inventory is within the jurisdiction of a probate court;

2.       The determination who are the heirs of the decedent;

3.       The validity of a waiver of hereditary rights;

4.       The status of each heir and all other matters incidental to the administration, settlement and distribution of the estate.

GR:         Probate court cannot decide a question of title of ownership.

XPN:

a.       The interested parties who are all heirs of the deceased consent thereto and the interests of third parties are not prejudiced;

b.       In a provisional manner, to determine whether said property should be included in or excluded from the inventory, without prejudice to the final determination of title in a separate action.

Principle of exclusionary rule in probate proceedings

-          When a probate court first takes cognizance and jurisdiction over the settlement of the estate of a deceased person, it shall continue to exercise jurisdiction over the same to the exclusion of other courts.

Section 2. Custodian of will to deliver.

The person who has custody of a will shall, within twenty (20) days after he knows of the death of the testator, deliver the will to the court having jurisdiction, or to the executor named in the will.

Section 3. Executor to present will and accept or refuse trust.

A person named as executor in a will shall, within twenty (20) days after he knows of the death of the testator, or within twenty (20) days after he knows he is named executor if he obtained such knowledge after the death of the testator, present such will to the court having jurisdiction, unless the will has reached the court in any other manner, and shall, within such period, signify to the court in writing his acceptance of the trust or his refusal to accept it.

Section 4. Custodian and executor subject to fine for neglect.

A person who neglects any of the duties required in the two last preceding sections without excuse satisfactory to the court shall be fined out not exceeding two thousand pesos.

Section 5. Person retaining will may be committed.

A person having custody of a will after the death of the testator who neglects without reasonable cause to deliver the same, when ordered to do so, to the court having jurisdiction, may be committed to prison and there kept until he delivers the will.

Case:      Pacioles, Jr. vs. Chuatoco-Ching, 2005

-          A probate court may hear and pass upon questions of ownership when its purpose is to determine whether or not a property should be included in the inventory. The adjudication is merely incidental and provisional.

RULE 76

ALLOWANCE OR DISALLOWANCE OF WILL

The following person may petition for the allowance of will:

1.       Executor

2.       Devisee

3.       Legatee

4.       Any other person interested in the estate

5.       Testator himself

Interested party

-          A party who would be benefited by the estate such as an heir or one who has claim against the estate like a creditor.

«  The petition for probate of the will is not subject to the statute of limitations and does not prescribe; as such petition may be filed at any time and is required by public policy.

The petition for the allowance of a will must show: (R76.2)

a.       The jurisdictional facts;

b.       The names, ages and residences of the heirs, legatees and devisees of the testator or decedent;

c.        The probable value and character of the property of the estate;

d.       The name of the person for whom letters are prayed; and

e.        If the will has not been delivered to the court, the name of the person having custody of it.

Jurisdictional facts in probate proceedings:

a.       Death of the decedent;

b.       His residence at the time of his death

«  The rules do not require proof that the foreign will has already been allowed and probated in the country of its execution.

Section 6. Proof of lost or destroyed will. Certificate thereupon.

No will shall be proved as a lost or destroyed will unless the execution and validity of the same be established, and the will is proved to have been in existence at the time of the death of the testator, or is shown to have been fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge, nor unless its provisions are clearly and distinctly proved by at least two (2) credible witnesses. When a lost will is proved, the provisions thereof must be distinctly stated and certified by the judge, under the seal of the court, and the certificate must be filed and recorded as other wills are filed and recorded.

Requisites in order that a lost or destroyed will may be allowed:

1.       Execution and validity of the will must be established;

2.       The will must have been in existence at the time of the death of the testator, or is shown to have been fraudulently or accidentally destroyed in the lifetime of the testator without his knowledge;

3.       The provisions are clearly and distinctly proved by at least two credible witnesses.

Remedies: Order denying the probate of a will after the period to appeal has lapsed

a.       Petition for relief

-          Ground: Fraud, accident, mistake or excusable negligence

-          When: Within a period of 60 days after the petitioner learns of the judgment or final order and not more than 6 months after such judgment or final order was entered.

The following are entitle to notice of time and place of probate proceedings (R76.4):

1.       Heirs

2.       Legatees

3.       Devisees

4.       Person named as executor, if he be not the petitioner

5.       Person named as co executor not petitioning

6.       Compulsory heirs, if the testator asks for the allowance of his own will.

Case:      Alaban vs Court of Appeals, 2005

-          Petitioners, as nephews and nieces of the decedent, are neither compulsory nor testate heirs who are entitled to be notified of the probate proceedings under the Rules.

-          Publication is notice to the whole world that the proceeding has for its object to bar indefinitely all who might be minded to make an objection of any sort against the right sought to be established. It is the publication of such notice that brings in the whole world as a party in the case and vests the court with jurisdiction to hear and decide it. Thus, even though petitioners were not mentioned in the petition for probate, they eventually became parties thereto as a consequence of the publication of the notice of hearing.

RULE 77

ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATOR OF ESTATE THEREUNDER

Section 1. Will proved outside Philippines may be allowed here.

Wills proved and allowed in a foreign country, according to the laws of such country, may be allowed, filed, and recorded by the proper Court of First Instance in the Philippines.

The proponent must prove the following during a reprobate proceeding:

a.       That the testator was domiciled in the foreign country;

b.       That the will has been admitted to probate in such country;

c.        That the foreign court was, under the laws of said foreign country, a probate court with jurisdiction over the proceedings;

d.       The law on probate procedure in said foreign country and proof of compliance therewith; and

e.        The legal requirements in said foreign country for the valid execution of the will.

The effects of allowance of a will

1.       The will shall be treated as if originally proved and allowed in Philippine courts;

2.       Letters testamentary or administration with a will annexed shall extend to all estates of the Philippines;

3.       After payment of just debts and expenses of administration, the residue of the estate shall be disposed as provided by law in cases of estates in the Philippines belonging to persons who are inhabitants of another state or country.

Article 816, Civil Code

                The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes.

RULE 78

LETTERS TESTAMENTARY AND OF ADMINISTRATION WHEN AND TO WHOM ISSUED

The following may administer the estate:

1.       Executor

2.       Administrator

Section 1. Who are incompetent to serve as executors or administrators.

No person is competent to serve as executor or administrator who is:

a.       A minor;

b.       Not a resident of the Philippines; and

c.        In the opinion of the court unfit to execute the duties of the trust by reason of drunkness, improvidence, or want of understanding or integrity, or by reason of conviction of an offense involving moral turpitude.

Executor	Administrator
A person named expressly by the deceased person in his will to administer, settle and liquidate his estate.	A person appointed by the intestate court to administer the estate of a deceased person who: a.       Dies without leaving a will; or b.       Did not name any executor even if there was a will; or c.        if there be one named, he is incompetent, refuses the trust or fails to give a bond, or that the will subsequently, is declared null and void.

Section 2. Executor of executor not to administer estate.

The executor of an executor shall not, as such, administer the estate of the first testator.

Section 3. Married women may serve.

A married women may serve as executrix or administratix, and the marriage of a single woman shall not affect her authority so to serve under a previous appointment.

Letters Testamentary	Letters of Administration
It is an authority issued to an executor named in the will to administer the estate.	It is an authority issued by the court to a competent person to administer the estate of the deceased who died intestate.

Section 5. Where some co executors disqualified others may act.

When all of the executors named in a will cannot act because of incompetency, refusal to accept the trust, or failure to give bond, on the part of one of more of them, letters testamentary may issue to such of them are competent, accept and give bond, and they may perform the duties and discharge the trust required by the will.

Order of preference in granting Letters of Administration

R78.6. if

1.       No executor is named in the will

2.       The executor is incompetent, refuses the trust, or fails to give bond

3.       A person dies intestate

Administration shall be granted:

a.       To surviving husband or wife, as the case may be, or next of kin, or both, in the discretion of the court, or to such person as such surviving husband or wife, or next of kin, requests to have appointed, if competent and willing to serve;

b.       If such surviving husband or wife, as the case may be, or next of kin, or the person selected by them, be incompetent or unwilling, or if husband or widow, or next of kin, neglects for 30 days after the death of the person to apply for administration be granted to some other person, it may be granted to one or more of the principal creditors, if competent and willing to serve;

c.        If there is no such creditor competent and willing to serve, it may be granted to such other person as the court may select.

Rationale behind the rule on the order of preference

-          Those who will reap the benefit of a wise, speedy and economical administration of the estate, or, in the alternative, suffer the consequences of waste, improvidence or mismanagement, have the highest interest and most influential motive to administer the estate correctly.

GR:         The court cannot set aside the order of preference

XPN:     

a.       Where justice and equity demand, depending on the attendant facts and circumstances of each case.

b.       When the preferred persons are not competent or are unwilling to serve.

RULE 79

OPPOSING ISSUANCE OF LETTERS TESTAMENTARY. PETITION AND CONTEST FOR LETTERS OF ADMINISTRATION

Section 1.

Next of kin

-          It refers to those relationship with the decedent is such that they are entitled to share in the estate as distributees.

The following provisions allow “any interested person” or “any person interested in the estate” to participate in varying capacities:

1.       R79.1. Any person interested to oppose the issuance of letters testamentary and to file a petition for administration;

2.       R79.3. Mandates the giving of notice of hearing on the petition for letters of administration to the known heirs, creditors, and to any other person believed to have interest in the estate;

3.       R76.1. A person interested in the estate to petition for the allowance of a will;

4.       R87.6. Allows an individual interested in the estate of the deceased to complain to the court of the concealment, embezzlement, or conveyance of any assets of the decedent, or of evidence of the decedent’s title or interest therein;

5.       R85.10. Requires notice of the time and place of the examination and allowance of the Administration’s account to the persons interested.

6.       R89.7. Requires the court to give notice to the persons interested before it may hear and grant a petition seeking the disposition or encumbrance of the properties of the estate;

7.       R90.1. Any person interested in the estate to petition for an order for the distribution of the residue of the estate of the decedent, after all obligations are either satisfied or provided for.

GR:         The creditor or any person interested in the estate has no general right to intervene.

XPN:      If the prayer or relief sought is necessary to protect their interest in the estate, and there is no other modality under the Rules by which such interest can be protected.

Contents of a petition for letter of administration

1.       The jurisdictional facts;

2.       The names, ages, and residences of the heirs, and the names and residences of the creditors, of the decedent;

3.       The probable value and character of the property of the estate;

4.       The name of the person for whom letters of administration are prayed.

RULE 80

SPECIAL ADMINISTRATOR

Special administrator

-          A representative of the decedent appointed by the probate court to care for and preserve his estate until an executor or general administrator is appointed.

-          When appointed: When there is delay in granting letters testamentary or of administration occasioned by an appeal from the allowance or disallowance of a will or some other cause, the court may appoint the same.

Role of special administrator

-          An officer of the court who is subject to its supervision and control, expected to work for the best interest of the entire estate, with a view to its smooth administration and speedy settlement.

	Regular Administrator	Special Administrator
When appointed	When a decedent died intestate or did not appoint any executor in his will or the will is subsequently disallowed.	When there is delay in granting letters testamentary or of administrator.
Obligation to pay debt of the estate	Yes	No
Remedy on appointment	Appealable	Interlocutory order: R65

The court may appoint special co administrators

1.       To have the benefits of their judgment and perhaps at all times to have different interests represented;

2.       Where justice and equity demand that opposing parties or factions be represented in the management of the estate of the deceased;

3.       Where the estate is large or, from any cause, an intricate and perplexing one to settle;

4.       To have all interested persons satisfied and the representatives to work in harmony for the best interests of the estate; and

5.       When a person entitled to the administration of an estate desires to have another competent person associated with him in the office.

EVIDENCE

CONSTITUTIONAL PROVISIONS

Article III

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

                (2) Any evidence obtained in violation of this preceding section shall be inadmissible for any purpose in any proceeding.

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

                (2) No torture, force, violence. Threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

                (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

                (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

                (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Article VIII

Section 5. (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleadings, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Section 14. No court shall render a decision without stating clearly and distinctly the facts and the law on which it is based.

                No petition for review or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefore.

Sources of the Rules on Evidence

1.        1987 Philippine Constitution

2.        Rules 128-134 of the Rules of Court

3.        Resolution of the Supreme Court

4.        Judicial Affidavit Rule

5.        Child Witness examination Rule

6.        DNA Evidence Rule

7.        Rule 115 of the Rules on Criminal Procedure

8.        RA 4200: Anti-Wire Tapping Act

9.        RA 9372: Human Securities Act

10.     Substantive and remedial statute

11.     Judicial Decisions

RULE 128. GENERAL PROVISIONS

R128.1. Evidence defined. – Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

-          Means in ascertaining the truth in judicial proceedings.

-          Sanctioned or allowed by the Rules of Court.

-          Purpose is to ascertain the truth respecting a matter of fact in a judicial proceeding.

Evidence

-          It is the mode and manner of proving competent facts In judicial proceedings (Bustos vs Lucero, 81 Phil 640).

-          It is the medium of proof.

Proof

-          It is the result or effect of evidence.

-          It is merely the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the evidence.

Factum probandum

-          It is the fact or proposition to be established.

Factum probans

-          It is the facts or material evidencing the fact or proposition to be established.

Nature of the Rules on Evidence

                It is procedural, waivable in character, and can be subject to the stipulation of the parties provided it is not contrary to law, morals, and public policy.

When evidence is not required

a.        The case presents a question of law;

b.        The pleadings (civil case) do not tender an issue of fact;

c.        By agreement of the parties;

d.        Matters of judicial notice and on matters judicially admitted

e.        The law or rule presumes the truth of a fact.

Evidence in Civil cases vs Criminal cases

	Civil Case	Criminal Case
Burden of Proof	Claim by a preponderance of evidence.	The guilt of the accused has to be proven beyond reasonable doubt.
Offer of Compromise	It is not an admission of any liability and is not admissible in evidence against the offeror.	An offer by the accused may be received in evidence as an implied admission of guilt. XPN: Those involving quasi-offenses (criminal negligence) or those allowed by law to be compromise.
Presumption of Innocence	The concept does not apply and generally there is no presumption for or against a party. XPN: in certain cases provided by law.	The accused enjoys the constitutional presumption of innocence.

R128.2.      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.

-          Principle of uniformity.

-          It applies only to judicial proceedings.

	Scope	Applicability
Rules of Evidence	The same in all courts and in all trials and hearings XPN: as otherwise provided by law or these rules
DNA Evidence Rule	a.        All criminal actions; b.        Civil actions; c.        Special Proceedings.
Child Witness Examination Rule	All criminal and non-criminal proceedings involving child witness.	Examination of child witness who are victims of crime, accused of a crime, and witness to a crime.
Electronic Evidence Rule	a.        All civil actions and proceedings; b.        Quasi-judicial and administrative cases
Judicial Affidavit Rule	a.        MTCs XPN: small claims b.        RTC and SDC c.        SB, CTA, CA, SAC d.        Investigating officers and bodies authorized by the SC to receive evidence (IBP) e.        Special courts and quasi-judicial bodies	Criminal Actions: 1.        Where the maximum of imposable penalty does not exceed six years; 2.        Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or 3.        With respect to the civil aspect of the actions, whatever the penalties involved are.

R128.3. Admissibility of Evidence. Evidence is admissible when it is relevant to the issue and is not excluded by law or these rules.

Requisites for the admissibility of Evidence

1.        It must be relevant to the issue sought to be proved; and

2.        It must be competent or not otherwise excluded by law of these rules.

Requisites of admissibility of evidence in the entries of official records

1.        The entry was made by a public offices or by another person specifically enjoined by law to do so;

2.        It was made by the public officer in the performance of his or her duties, or by such other person in the performance of a duty specially enjoined by law; and

3.        The public officer or other person had sufficient knowledge of the facts stated by him or her, which must have been acquired by him or her personally or through official information.

Kinds of Admissibility

a.        Conditional Admissibility

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 on condition that the other facts will be proved thereafter, otherwise the evidence already given will be stricken out.

b.        Multiple Admissibility

Where the evidence is relevant and competent for two or more purposes, such evidence should be admitted for any or all purposes for which it is offered provided it satisfies all the requirements of law for its admissibility therefore.

c.        Curative Admissibility

It treats upon the right of a party to introduce incompetent evidence in his behalf where the court has admitted the same kind of evidence adduced by the adverse party.

It is allowed to answer the inadmissible evidence.

Requisites:

a.        Whether the competent evidence was seasonably objected to;

b.        Whether, regardless of the objection, the admission of such evidence will cause a plain and unfair prejudice to the party against whom it was admitted.

When to determine the admissibility of evidence

a.        At the time it is offered to the court (R132.35).

b.        When it is presented in court for its viewing or evaluation (Object Evidence).

c.        At the time the witness is called on the witness stand (testimonial evidence).

d.        When it is formally offered and before resting the case (documentary evidence).

Admissibility of Evidence	Probative weight of evidence
It refers to the question of whether or not the circumstance/evidence is to be considered at all.	It refers to the question of whether or not it proves an issue.

Admissibility of Evidence	Credibility of Evidence
It refers to the duty of the court to allow the evidence.	It refers to the worthiness of belief of the evidence.

Newly Discovered Evidence

a.        It is discovered after trial;

b.        It could not have been discovered and produced at the trial even with the exercise of reasonable diligence;

c.        It is material, not merely cumulative, corroborative or impeaching; and

d.        If such weight that it would probably change the judgment if admitted.

Aspects of Newly discovered evidence

a.        Temporal

When was the evidence discovered?

b.        Predictive

When should or could it have been discovered?

Discovery

-          The act, process, or an instance of gaining knowledge of or ascertaining the existence of something previously unknown or unrecognized.

Instances of valid search warrant

1.        If the person searched gives his consent to the search.

2.        If the purpose of the search is the enforcement of customs and tariff laws.

3.        Search and seizure of vessels and aircraft.

4.        In case of insurgency and exigency of the moment.

5.        When the search involves cases of inspection of building or other premises for enforcement of fire, sanitary and building regulations.

6.        Prohibited articles within the plain view/ open to eye and hand of the law enforcement officer who comes upon them inadvertently.

7.        When the search is effected on the basis of probable cause such as stop and search without warrant at checkpoints.

Requisites for the admissibility of illegal drugs

1.        The accused is in possession of the object identified as prohibited or regulated drug;

2.        That such possession is not authorized by law; and

3.        That the accused freely and consciously possessed the said drug.

Chain of custody

It is essential in establishing the link between the article confiscated from the accused to the evidence that is ultimately presented to the court for its appreciation.

R128.4. Relevancy; collateral matters. Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. 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.

RULE 129. WHAT NEED NOT BE PROVED

Judicial Notice

-          It means no more than 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.

Purpose of Judicial Notice

1.        Taking place of proof in connection with the issue in the case; and

2.        It will abbreviate the proceedings.

Requisites of Judicial notice

1.        That it must be a matter of general or common knowledge;

2.        That it must be well and authoritatively settled, and doubtful and uncertain;

3.        That it must be known to be within the limits of jurisdiction of the court.

Principle on which Judicial Notice is based.

a.        Convenience

Considering that parties will be relieved of its duty to present proof on facts which is already judicially known to the judge; and

b.        Expediency

Considering that trial will be more speedy and expeditious since facts already known to the judge requires no more presentation of proof.

R129.1. Judicial notice, when mandatory.

                A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions.

When is Judicial notice mandatory

1.        The existence of territorial extent of states;

2.        Their political history;

3.        Forms of government and symbols of nationality;

4.        The law of nations;

5.        The admiralty and maritime courts of the world and their seals;

6.        The political constitution and history of the Philippines;

7.        The official acts of legislative, executive and judicial departments of the Philippines;

8.        The laws of nature;

9.        The measure of time;

10.     The geographical divisions.

Other matters when judicial notice is mandatory

1.        Amendment to the Rules of Court

2.        Decision of the Supreme Court

3.        Official acts or declaration of the President

4.        Banking practices

5.        Financial status of the government

6.        Powers of the President

7.        Court of records

R129.2. Judicial notice, when discretionary. A court may take judicial notice of matters which are of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions.

When is judicial notice discretionary.

1.        Those matters which are of public knowledge; or

2.        Matters which are capable to unquestionable demonstration; or

3.        Matters which are ought to be known to judges because of their judicial functions.

Doctrine of presumed-identity approach/Processual Presumption

                When a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours.

Requirements to take judicial notice of foreign laws

1.        The issue involved is one of fact and not of law; and

2.        The foreign law must be proved like any other fact.

XPN:

1.        When the court has actual knowledge of foreign laws;

2.        When the court has already ruled upon in a case involving the said foreign law.

R129.3. Judicial notice, when hearing necessary. During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.

                After trial, and before judgment or on appeal, the proper court, on its own initiative or on request, of a party, 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.

When hearing is necessary in case of taking of judicial notice.

1.        During trial

2.        After trial but before judgment or on appeal

R129.4. Judicial admissions. An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake of that no such admission was made.

Requisites for a valid judicial admission

1.        Definite

2.        Certain

3.        Unequivocal

Judicial Admission vs Judicial Confession

Judicial Admission	Judicial Confession
It is an admission, verbal or written, made by a party in the course of the proceedings in the same case.	It is an acknowledgement of one’s guilt in the same case.
It does not result in liability.	It connotes admission of one’s liability.
It may be express or implied.	It is always express
It is more of a broader scope which includes judicial confession.	It is only limited to the confession of a person.
It may be made by any party.	It can only be made by the accused in criminal proceedings.

Judicial Admission vs Extra-judicial Admission

Judicial Admission	Extra-judicial Admission
It is an admission made in the same case.	It is an admission in another case or out of court admission.
It need not be proven by the party being conclusive on the part of the admitter, unless it was made through palpable mistake or when there is no admission made.	It needs to be alleged and proved like any other fact.

Instances were judicial admissions can be made

1.        In the pleadings;

2.        During pre-trial conference;

3.        In motions filed before the court;

4.        By the witness on the witness stand;

5.        In answer to written request for admission;

6.        In the answer in the written interrogatories;

7.        In open court during trial;

8.        On testimonies, deposition and affidavits;

9.        Agreement of facts by the parties.

Hypothetical Admission Rule (R16)

-          When a motion to dismiss is filed, material allegations of the complaint are deemed hypothetically admitted.

-          It extends not only from the relevant and material facts well pleaded in the complaint, but also to inferences that may be fairly deduced from them.

RULE 130. RULES OF ADMISSIBILITY

Kinds of Evidence

a.        Object or Real Evidence

It is directly addressed to the senses of the court and consists of tangible things exhibited, viewed, or demonstrated in open court.

b.        Documentary Evidence

It consists of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents.

c.        Testimonial Evidence

It is oral evidence given by the witness on the witness stand or in any proceeding.

d.        Direct Evidence

It is the kind of evidence if believed proves the fact in issue.

e.        Circumstantial Evidence

It proves a fact or series of facts from which the facts in issue may be established by inference.

f.         Demonstrative Evidence

It demonstrates the real thing.

g.        Corroborative Evidence

It merely supplements evidence which has already been given tending to strengthen the same.

h.        Cumulative Evidence

It is of the same kind and character tending to prove the same proposition.

i.         Positive Evidence (Testimony)

The witness affirms that a fact did or did not occur

j.         Negative Evidence

It is a testimony that a certain fact did not exist.

k.        Prima Facie Evidence

It is sufficient to establish a fact or raise a presumption unless disproved or rebutted.

l.         Conclusive Evidence

It establishes the fact.

m.      Substantial Evidence

It is the level of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.

The quantum of evidence required to establish a fact in proceedings before administrative and quasi-judicial agencies.

n.        Preponderance of Evidence

It means probability of the truth.

It is the weight, credit, and value of the aggregate evidence on either side.

o.        Proof Beyond Reasonable Doubt

It is the required quantum of evidence in order to convict an accused.

p.        Clear and Convincing Evidence

It establishes in minds of a trier of facts a firm belief on the existence of the fact in issue.

q.        Competent Evidence

It is not otherwise excluded by law or by the rules.

r.         Incompetent Evidence

It is excluded by law or by the rules.

s.        Relevant Evidence

It has a relation to the fact in issue.

t.         Material Evidence

It is directed to prove a fact in issue as determined by the rules on substantive law and pleadings.

u.        Rebuttal Evidence

It is any component evidence to explain, repel, counteract, or disprove adversary’s proof.

v.        Sur-Rebuttal Evidence

Evidence in reply to or to rebut new matter introduced in rebuttal.

w.      Primary Evidence

It assures the greatest certainty of fact sought to be proved, and which does not in itself, indicate the existence of other and better proof.

x.        Secondary Evidence

It is any evidence other than the document itself.

y.        Evidence in Chief

It is the primary and main evidence presented by the parties to prove their cause or defense.

z.        Newly discovered Evidence

It is the one that could not, by the exercise of due diligence, have been discovered before the trial in the court below.

A.       OBJECT (REAL) EVIDENCE

R130.1. Object as evidence. Object as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.

B.       DOCUMENTARY EVIDENCE

R130.2. Documentary evidence. Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents.

1.        Best Evidence Rule

R130.3. Original Document must be produced; exceptions. When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases:

(a)     When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;

(b)     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;

(c)      When the original consists of numerous accounts 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; and

(d)     When the original is a public record in the custody of a public officer or is recorded in a public office.