EVIDENCE

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)

Evidence – is the means, sanctioned by the rules of Court, of ascertaining in judicial proceeding the truth respecting matter of fact.

To be considered as evidence, the same must be “sanctioned” or allowed by the rules of court.

Thus, hearsay evidence, coerced extrajudicial confession of the accused and an evidence obtained in violation of constitutional rights even if ultimately shown correspond the truth, does not fall within the definition of Sec. 1 Rule 128.

Evidence is not the end itself but merely the means of ascertaining the truth in a matter of fact. Even though the purpose of the evidence is to know the truth, the truth referred in the definition is not necessarily the actual truth but one aptly referred to as judicial or legal truth.

Evidence is also secured by resorting to modes of discovery, such as:

1. Taking of depositions of any person oral or written

2. Serving interrogatories to parties3. Serving requests for admissions by the

adverse party4. Production and inspection of documents5. Examination of physical and mental

conditions of persons.

A matter may also be proved by means of affidavit, such as motions based on facts not appearing on record, in cases covered by the Rules of Summary Procedure, and those filed in administrative or quasi-judicial bodies.

Section 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. (2a)

The rules of evidence is guided by the principle of uniformity. As a rule, the rule on evidence shall be same in all courts and in al l trials and hearings.

Rules of evidence, as components of Rules of Court, apply only to judicial proceedings. Sec. 1, Rule 128.

The Rule 1, Sec. 4 also provides scope for the non application of Rules of Court to certain cases, to wit:

a. Election casesb. Land registrationc. Cadastrald. Naturalizatione. Insolvency proceedingsf. Other cases not herein provided for.

When can the rules be applicable in these kinds of proceedings?

Only by analogy or in suppletory character, and whenever practicable or convenient.

General rule is that administrative agencies are not bound by the technical rules of evidence.

Technical rules of procedure and evidence are not strictly applied in administrative cases and administrative due process cannot be fully equated with due process in strict judicial terms.

Thus, formal offer of evidence is not applicable to a case involving naturalization. Ong Chia vs Republic.

Also, in Sasan Sr, vs NLRC, the NLRC may still receive evidence for the first time on appeal for the case elevated to them from the Labor Arbiter. The submission of additional evidence on appeal does not prejudice the other party for the latter could submit counter-evidence.

Also in the same case, it has been held that best evidence rule under Sec.3 Rule 130 does not apply in labor proceedings.

Even if not bound by the technical rules of procedure, “the findings of facts of administrative bodies are,

however, respected as long as they are supported by substantial evidence, even if such evidence is not overwhelming or preponderant.”

When evidence is required; when not required

Where no factual issue exists in a case, there is no need to present evidence because where the case presents a question of law, such question is resolved by mere application of the relevant statues or rules of this jurisdiction to which no evidence is required.

Cases where no evidence is required:

a. Matters of judicial noticesb. Judicial admissionsc. When pleadings in civil case do not tender

an issue of fact. In which case, judgment on the pleadings Rule 34 is proper.

d. It may be dispensed by the agreement of the parties, made in writing.

e. When the law or the rule presumes the truth of a fact (Ex. Presumption of negligence on the part of common carrier in case of breach)

Application of the Rules on Electronic Evidence

The definition of evidence under the Rules of Court makes reference only to judicial proceedings, the provisions of the Rules on Electronic Evidence apply to all civil actions and proceedings, as well as quasi-judicial and administrative cases. Sec.2, Rule 1 of the Rules on Electronic Evidence.

However, the Rules on Electronic Evidence do not apply to criminal actions.

Evidence in Civil Cases Evidence in Criminal Cases

a. The party having the burden of proof must prove his claim by a preponderance of evidence.

b. An offer of compromise is not an admission of any liability, and is not admissible evidence against the offeror.

c. Generally, there is no presumption for or against a party. Exception – in some

a. The guilt of the accused has to be proven beyond reasonable doubt.

b. Except those involving quasi-offenses or those allowed by law to be compromised, an offer of compromise by the counsel may be received in evidence as an implied admission of

civil cases such as contractual suit against the carrier, there exists a presumption against the defendant.

guilt.c. The accused enjoys

presumption of innocence.

Proof – the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of evidence.

Distinction between proof and evidence

Evidence Proof

1. Medium of proof

2. Means to end

1. End and result of evidence

2. End result

Factum probans distinguished from factum probandum

Factum Probans Factum Probandum

1. Fact or proposition to be established

2. Conceived as hypothetical, that which one party affirms and the other denies

1. Fact or material evidencing the proposition to be established

2. Conceived as for practical purposes as existent and is offered as such for the consideration in court

Stated in another way, the factum probandum is the fact to be proved; the fact which is in issue and to which the evidence is directed. On the other hand, factum probans in the probative or evidentiary fact tending to prove the fact in issue.

For instance, in a suit for collection of sum of money, in the absence of any admission by the defendant, the factum probandum of the plaintiff would be:

1. Existence of the debt of the defendant2. Maturity of the debt3. Demand made by the plaintiff upon the

defendant to pay

4. Failure to pay despite the demand

From the side of the defendant, the fact of payment of obligation or of the prescription of the debt or the elements of any defense he may interpose would constitute factum probandum.

There is no vested right in the rules of evidence

This is because the said rules are subject to change by the Supreme Court pursuant to its powers to promulgate rules concerning pleadings, practice and procedure.

However, the rules on evidence is still subject to the constitutional limitation on enactment of ex post facto laws. An ex post facto law includes that which alters the rules on evidence and receives less or different testimony than that required at the time of the commission of an offense.

Waiver of the rules on evidence

The rules on evidence may be waived. When an otherwise objectionable evidence is not objected to, the evidence becomes admissible because of waiver.

May a party stipulate waiving rules on evidence?

Yes. Art. 6 of the Civil Code provides that rights may be waived, unless contrary to law, public order, public policy, morals and good customs, or prejudicial to third persons with a right recognized by law.

However, failure to object with respect to privileged communication involving state secrets communicated to a public officer in a official confidence should not be construed as a waiver of privileged character of the communication because of public policy considerations as when the state secret is one involving national defense and security.

Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. (3a)

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 allowed, except when it tends in any

reasonable degree to establish the probability or improbability of the fact in issue. (4a)

Two elements of admissibility:

1. Evidence must be relevant2. Evidence is not excluded by the rules (it

must be competent)

Relevancy – must have a relation to the fact in issue as to induce belief in its existence or non-existence.