LawStudentPH

  Requisites for admissibility of evidence   Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by the Constitution, the law of these rules. Difference between Admissibility and Probative Value Admissibility Admissibility answers the question of whether certain pieces of evidence are to be considered at all. Requisites of Admissibility of Evidence 1. Relevancy - such a relation to the fact in issue as to induce belief in its existence or non-existence; and 2. Competency - meaning the evidence that is to be presented is not excluded by the Constitution, by law or by the rules of court. Probative Value Weight or probative value answers the question of whether the admitted evidence proves an issue by the quantum of evidence required by law.   Relevance of evidence and collateral matters   Relevance of Evidence: Evidence is considered relevant if it has a direct bearing ...

  Section 4. Judicial admissions. An admission, oral or written, made by the 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 or that the imputed admission was not, in fact, made.   CHANGES and COMMENTS 􀁸 FIRST. From “verbal or written” to “oral or written” o With “verbal”, it means relating to or in the form of words. “Verbal” can therefore be also “written.” It might also be interpreted to mean actions as the root word is “verb.” o With “oral”, it means “by word of mouth or spoken rather than written.” o Thus, with the amendment, admissions are now clearly either spoken (by testimonies or by open court declarations) or written (by pleadings or other submissions in writing).   􀁸 SECOND. F rom “no such admission was made” to “the imputed admission was not, in fact, made” o This amendment takes into consideration...

  What need not be proved; matters of judicial notice   What is Judicial Notice 1) Judicial notice is the cognizance or deal of certain facts that judges may properly take and act on without proof because these facts are already known to them. 2) Put differently, it is the assumption by a court of a fact without need of further traditional evidentiary support. The principle is based on convenience and expediency in securing and introducing evidence on matters which are not ordinarily capable of dispute and are not bona fide disputed [Republic v. Sandiganbayan G.R. No. 152375 December 16, 2011]. Latin Maxim to remember: Manifesta probatione non indigent [Manifest things require no proof.] b. Rationale for judicial notice The taking of judicial notice is a matter of expediency and convenience for it fulfills the purpose that the evidence is intended to achieve, and in this sense, it is equivalent to proof [Degayo v. Dinglasan GR No. 173148 April 6, 2015]. ...