PRELIMINARY CONSIDERATIONS

1. Judicial Evidence Is the means, sanctioned by law, of

ascertaining in a judicial proceeding, the truth respecting a
question of fact. Rule 128 Sec. 1

2. Should not be excluded by Rules of Court and by law. Admitted

to ascertain judicial truth and not the actual truth.

SCOPE AND APPLICABILITY OF RULES OF EVIDENCE

3. Principle of Uniformity Rule 128 Sec 2

4. The Rules on evidence apply only to judicial proceedings;
Read Sec. 4 Rule 1.
Not applicable in (1) Election (2) Land Registration (3)
Cadastral (4) Naturalization (5) Insolvency (6) and other cases
not herein provided. When applicable - by analogy or in
suppletory in character and whenever practicable or
convenient.

5. Administrative proceeding It is not bound by technical rules

on evidence. It can choose to give weight or disregard such
evidence, depending on the trustworthiness. ( Sugar
Regulatory Administration V. Tormon 2012)

6. Formal offer of evidence is not applicable on certain

administrative proceedings ( non-judicial proceedings).
However, they are directed to use every and all reasonable
means to ascertain facts in each case speedily and
objectively, with due regard in the interest of substantial
justice.

7. Administrative proceeding Substantial evidence is required

even if such evidence is not overwhelming or preponderant.

WHEN EVIDENCE IS REQUIRED; AND NOT

8. Evidence is required to prove a question of fact.

9. Evidence is not required if there is no factual issue exists in
the case, there is no need to present evidence because
where the case presents a question of law, suchquestion is
 resolved by mere application of relevant statutes or rules of
this jurisdiction to which no evidence is required.

10. On civil cases which do not tender an issue of fact, the

case is then ripe for adjudication through judgment on
pleadings pursuant to Rule 34.

11. Presentation of evidence may likewise be dispensed

with by the agreement of the parties. ( Rule 30 Sec. 6 of
ROC)

12. Evidence is not also required in matters of judicial

Notice and on matters judicially admitted ( Sec 1, Rule 129
and Sec 4, Rule 129)

13. Evidence is also not required when a law or rule

presumes a truth or fact.

APPLICATION OF THE RULES ON ELECTRONIC EVIDENCE

14. Provisions of the rules on electronic evidence applu to

all civil actions and proceedings, as well as quasi judicial and
administrative cases ( Sec. 2 Rule 1 of Rules on Electronic
Evidence)
15. Rules on Electronic Evidence does not apply to
criminal actions. They apply only to civil actions, quasi
judicial proceedings, and administrative proceedings.
Exception: People V. Enojas

EVIDENCE IN CIVIL CASES AND CRIMINAL CASES

1. In civil cases, the party having the burden of proof must

prove his claim by preponderance of evidence. Sec 1 of
Rule 133

2. In criminal cases, the guilt of the accused has to be proven

beyond reasonable doubt Sec 2 of Rule 133.

3. In civil cases, an offer of compromise is not admission of any

liability or is not admissible in evidence against the offeror.

4. In criminal cases, except those criminal negligence or

allowed by law to be compromised, an offer of compromise
 by the accused mau be received in evidence as an implied
admission of guilt. Sec 27 of Rule 130 of ROC

5. Concept of Presumption of Innocence does not apply in civil

cases. Except, Article 1756- common carrier.

6. In Criminal Cases, the accused enjoys the constitutional

presumption of innocence.

DISTINCTION BETWEEN PROOF AND EVIDENCE

1. Proof is not evidence itself. The probative effect of

evidence and is the conviction or persuasion of the mind
resulting from the consideration of the evidence

2. Proof is the effect or result of evidence. Evidence is the

medium of proof.

FACTUM PROBANS AND FACTUM PROBANDUM

1. Factum Probandum Fact to be proved or established; Fact

which is in issue and to which the evidence is directed.

In civil cases,t hese are elements of causes of action from

the point of view of plaintiff; elements of defense (
defendant).

In criminal cases, these include all matters that the

prosecution must prove beyond reasonable doubt in order to
justify a conviction. Elements of crime

Ex. Negligence of driver, causal connection between the

negligence and injury.

2. Factum Probans Fact or material evidencing the fact or

proposition to be established. Probative or evidentiary fact
tending to prove the fact in issue.

Ex. The totality of evidence to prove the liability

LIBERAL CONSTRUCTION OF THE RULES ON EVIDENCE

1. Rules on evidence must be liberally construed. Procedural

rules must liberally interpreted and applied so as not to
frustrate substantial justice ( Quiambao V. Court of Appeals).
However to justify relazation, a satisfactory explanation and
subsequent fulfillment of the requirements must have always
been required. ( Barcenas V. Tomas)
2. Rules on Electronic Evidence shall likewise be construed
liberally.

ABSENCE OF VESTED RIGHT IN THE RULES ON EVIDENCE

1. There is no vested right in the rules on evidence because

said rules are subject to the change by the Supreme Court
pursuant to the powers to promulgate rules concerning
pleading, practice and procedure.
Sec. 5(5) of Article 8 of 1987 Constitution.

2. Change in rules of evidence is subject to limitation on the

enactment of ex post facto laws. An ex post facto laws
include that which alter the rules on evidence and receive
less or different testimony than the required at the time of the
commission of the offense in order to convict the accused. (
Mekin V. Wolfe)

WAIVER OF THE RULES ON EVIDENCE

1. The rules on evidence may be waived. When an otherwise

objectionable evidence is not objected to, the evidence is
admissible because of the waiver.
2. Rights may be waived unless such is contrary to law, morals
or good customs. However, failure to object with respect to
privileged communication involving state secrets
communicated to public officer in official confidence should
not be construed as a waiver because public policy
considerations as when the state secret is one involving
national defense and security.

ADMISSIBILITY OF EVIDENCE
When admissible? ( Sec 3 of ROC 128) BOTH

1. Evidence is RELEVENT
2. Evidence is not EXCLUDED by Rules

RELEVANT EVIDENCE

1. It must have a relation to the FACT IN ISSUE as to INDUCE

BELIEF in its EXISTENCE OR NON-EXISTENCE. The Test
of Relevance is LOGIC and COMMON SENSE.
2. It requires that the immediate fact proved must have a
connection to the ultimate issue.

COLLATERAL MATTERS

1. It is merely auxiliary or additional.

2. The term connects a direct connection between the evidence
and the matter in dispute.
3. Example, motive and reputation of the accused
4. Evidence on Collateral Matters are not allowed ( Sec 4 of
Rule 128 of ROC). It is not allowed because it does not have
a direct relevance in the issue of the case.
5. It is admissible if it tends in any reasonable degree to to
establish the probability or improbability of the fact in issue
when it would have the effect of corroborating or
supplementing the facts the direct evidence sought to
establish.
6. In Civil Cases, moral character of party is admissible if such
is PERTINENT to the ISSUE of the case. Sec. 51(b) of Rule
130.
7. Evidence of good character of a witness is admissible if such
character has been previously impeached. ( Sec. 14 of Rule
132.
8. Evidence on the credibility of witness is always relevant
because it has inherent tendency to prove or disprove the
truthfulness of his assertion and consequently, the probative
value of the proffered evidence.
9. How credibility of witness be impeached? Rule 132 Sec 11
inconsistent systems.
10. An accused may testify as a witness on his own behalf
but subject to cross examination on matters covered by
direct examination. Sec. 1(d) of Rule 115
11. A hostile witness may be impeached and cross
examined by the adverse party but such cross examination
must only be on the subject matter of his examination in
chief.

COMPETENT EVIDENCE

1. Competent evidence is one that is not excluded by law or

rules in a particular case. The test of COMPETENCE is
the RULES or LAW. It refers to the eligibility of the
evidence to received as such.
2. Competence of electronic evidence - if authenticated in a
manner prescribed by the rules on Electronic Evidence (
Sec 2 Rule 3 Rules on Electronic Evidence

ADMISSIBILITY AND WEIGHT ( PROBATIVE VALUE OF

EVIDENCE)

1. Admissibility of evidence refers to the question whether or

not the evidence is to be considered at all. The probative
value of evidence refers to the question whether or not it
proves an issue.
2. MULTIPLE ADMISSIBILITY
- Dying declaration ( Sec 37 of Rule 130)
Xx Statement must have been made while the
declarant was conscious of an impending death.
- Res Gestae ( Sec. 42 of Rule 130)
- Part of the res gestae ( Sec. 38 of 130)
Xxx Statement must be have been made while a startling
occurrence is taking place or immediately prior or
subsequent thereto.

Res inter Alios Acta Rule

CONDITIONAL ADMISSIBILITY

The evidence may be conditionally if the relevance and

competence of the evidence can be proved in later date.
The Court may, upon motion of the adverse party, strike out
from the record the evidence that was previously
conditionally admitted.