BENCHBOOK FOR TRIAL COURT JUDGES (Basic Principles and Selected Problems)

Case Overview and Summary

SUMMARY OF THE LAW ON EVIDENCE

I. When Evidence is Necessary (Section I)
- Evidence is required when factual issues arise from parties' pleadings.
- Factual issues exist when a party denies material allegations in the adverse party's pleading.
- No evidence is needed if all factual allegations are admitted or if there is no factual issue.

II. Admissibility of Evidence (Section II)
- Evidence is admissible when it is relevant and competent (Section II.A).
- Relevant evidence tends to establish the probability or improbability of a fact in issue (Section II.A).
- Competent evidence is not excluded by law or the Rules of Court (Section II.A).
- Proper presentation of evidence is required for admissibility (Section II.B).

III. Modes of Excluding Inadmissible Evidence (Section III)
- Inadmissible evidence can be excluded by objection or motion to strike out.
- Objections must be made at the time evidence is offered, with grounds specified (Section III.A).
- Motion to strike out is proper for premature answers, incompetent/irrelevant answers, unresponsive answers, or when grounds for objection were not apparent (Section III.B).

IV. Laying Foundations for Evidence (Section IV)
A. Judicial Notice (Section IV.A)
- Courts must take mandatory judicial notice of certain facts without evidence (Section IV.A.1).
- Courts may take discretionary judicial notice of facts of public knowledge, capable of demonstration, or known to judges (Section IV.A.1).
- Parties may be heard on propriety of discretionary judicial notice (Section IV.A.2).
- Courts cannot take judicial notice of proceedings in another case, except under certain conditions (Section IV.A.3).

B. Admissions (Section IV.B)
- Judicial admissions are made in pleadings, motions, or open court in the same case (Section IV.B).
- Judicial admissions do not require proof and cannot be contradicted, unless made through palpable mistake (Section IV.B).
- Extrajudicial admissions are statements made outside the proceedings and must be offered as evidence (Section IV.B).

C. Best Evidence Rule (Section IV.C)
- When the contents of a document are inquired into, no evidence is admissible other than the original writing itself (Section IV.C).
- Secondary evidence of a document's contents is admissible only when the original is unavailable and its unavailability is properly accounted for (Section IV.C).

D. Parol Evidence Rule (Section IV.D)
- The parol evidence rule applies only to contractual documents (Section IV.D).
- Parol evidence is admissible if at least one party to the suit is not a party to the written instrument (Section IV.D).

E. Admissibility of Extrajudicial Confessions (Section IV.E)
- Extrajudicial confessions of an accused are admissible against him, but must be corroborated by evidence of corpus delicti (Section IV.E).
- Confessions given during custodial investigation are inadmissible unless the accused was informed of his rights and had assistance of counsel (Section IV.E).

F. Examination of Witnesses (Section IV.F)
- Testimony of a witness is generally elicited through oral questions in open court (Section IV.F.1).
- Exceptions allow for affidavits or narrative testimony at the court's discretion (Section IV.F.2, IV.F.5).
- Rules on uncompleted testimonies due to death or unavailability of witness (Section IV.F.3).
- Judges may intervene in examination to promote expedition and clarity (Section IV.F.4).

G. Authentication and Proof of Documents (Section IV.G)
- Public documents need not be authenticated, while private documents must be authenticated (Section IV.G).
- Public documents include official acts, notarized documents, and public records of private documents (Section IV.G).
- Private documents must be proved by witness or evidence of handwriting (Section IV.G).

H. Tender of Excluded Evidence (Section IV.H)
- Excluded documentary or object evidence may be attached to the record for appeal purposes (Section IV.H).
- Excluded oral evidence may be stated for the record, including witness details and proposed testimony (Section IV.H).