7/25/2019 Rule 128 to 129

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RULE 128 General Provisions

Section 1.Evidence defined. Evidence is the means, sanctioned by these

rules, of ascertaining in a judicial proceeding the truth respecting a matter of

fact. (1)

Section 2.Scope. The rules of evidence shall be the same in all courts

and in all trials and hearings, except as otherise provided by la or these

rules. (!a)

Section 3.Admissibility of evidence. Evidence is admissible hen it is

relevant to the issue and is not excluded by the la of these rules. ("a)

Section 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 alloed, except hen it

tends in any reasonable degree to establish the probability or improbability of

the fact in issue. (%a)

RULE 129 What Need Not e Proved

Section 1.Judicial notice, when mandatory. & court shall ta'e judicial

notice, ithout the introduction of evidence, of the existence and territorial

extent of states, their political history, forms of government and symbols ofnationality, the la of nations, the admiralty and maritime courts of the orld

and their seals, the political constitution and history of the hilippines, the

official acts of legislative, executive and judicial departments of the

hilippines, the las of nature, the measure of time, and the geographical

divisions. (1a)

Section 2.Judicial notice, when discretionary. & court may ta'e judicial

notice of matters hich are of public 'noledge, or are capable to

unuestionable demonstration, or ought to be 'non to judges because of

their judicial functions. (1a)

Section 3.Judicial notice, when hearing necessary. *uring the trial, the

court, on its on initiative, or on reuest of a party, may announce its

intention to ta'e judicial notice of any matter and allo the parties to be

heard thereon.

&fter the trial, and before judgment or on appeal, the proper court, on its on

initiative or on reuest of a party, may ta'e judicial notice of any matter and

allo the parties to be heard thereon if such matter is decisive of a material

issue in the case. (n)

Section 4.Judicial admissions. &n admission, verbal or ritten, made by

the party in the course of the proceedings in the same case, does not reuire

proof. The admission may be contradicted only by shoing that it as made

through palpable mista'e or that no such admission as made. (!a)

7/25/2019 Rule 128 to 129

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