CHAPTER I.

PRELIMINARY CONSIDERATIONS

EVIDENCE – is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a
matter of fact.

 It is not evidence, if it is excluded by law or by the Rules, even if it proves the existence or non-existence
of a fact in issue.

 Refers to JUDICIAL or LEGAL truth. Actual truth may not always be achieved in judicial proceedings
because the findings of the court would depend on the admissible evidence presented before it.

Sec. 34, Rule 132 OFFER OF EVIDENCE – The court shall consider no evidence which has not been
formally offered. The purpose for which the evidence is offered must be specified.

 Evidence is the means of proving a fact.

PRINCIPLE OF UNIFORMITY
Sec.2, Rule 128. 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.

APPLICABILITY
-The rules on evidence, being components of the Rules of Court, apply only to judicial proceedings.

Sec.4. In what cases not applicable. – These Rules shall not apply to election cases, land
registration, cadastral, naturalization and insolvency proceedings and other cases not herein
provided for, except by analogy or in a suppletory character and whenever practicable and
convenient.

 Administrative agencies are not bound by the technical rules on evidence. It can choose to give
weight or disregard such evidence, depending on its trustworthiness.

 Technical rules of evidence are not binding on labor tribunals. The rules of evidence are not strictly
observed in proceedings before the NLRC which are summary in nature.

 Rules on evidence are not strictly applied in proceedings before administrative bodies such as the
Board of Medicine.

 The CSC does not necessarily adhere to the technical rules of procedure applicable in judicial
proceedings.

 Rule on formal offer of evidence is not applicable to a case involving a petition for naturalization.
(Ong Chia v Republic)

WHEN EVIDENCE IS REQUIRED; WHEN NOT REQUIRED

 A charge based on mere suspicion and speculation cannot be given credence.

 The need for the introduction of evidence when the court has to resolve a question of fact. 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 the mere application of the relevant statues of the
jurisdiction to which no evidence is required.
  EVIDENCE NO LONGER REQUIRED TO PROVE AN ASSERTION:

a. When the pleadings in a civil case do not tender an issue of fact, a trial need not be conducted since
there is no more reason to present evidence.

b. Presentation of evidence may, likewise, be dispensed with by agreement of the parties. The parties
are allowed by the Rules to agree in writing upon the facts involved in the litigation and to submit the
case for judgment upon the facts agreed upon, without the introduction of evidence.

c. Evidence is not required on matters of judicial notice and on matters judicially admitted.

d. Evidence is not required when the law presumes the truth of a fact.
Ex. Constitutional presumption of innocence.

e. When a rule presumes the truth of a fact.

2 KINDS OF PRESUMPTIONS:
a. CONCLUSIVE PRESUMPTIONS – the following are instances of conclusive presumptions:
i. Whenever a party has, by his own declaration, act, or omission, intentionally and
deliberately led another to believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such declaration, act or omission,
be permitted to falsify it;

ii. The tenant is not permitted to deny the title of his landlord at the time of the
commencement of the relation of landlord and tenant between them. (Sec. 2, Rule
131)

b. DISPUTABLE PRESUMPTIONS – the following presumptions are satisfactory if

uncontradicted, but may be contracted and overcome by other evidence: (Sec. 3, Rule 131)

APPLICATION OF THE RULES ON ELECTRONIC EVIDENCE

 The provisions of the Rules on Electronic Evidence apply as well to quasi-judicial and admin cases.

Sec. 2. Cases covered – these Rules shall apply to all civil actions and proceedings, as well as
quasi-judicial and admin cases.

 Does not apply to criminal actions. (Ang v CA, GR No. 182835)

 Ephemeral electronic communication such as telephone conversations, text messages, chatroom sessions,
streaming audio/video, and other forms of communication the evidence of which is not recorded or
retained are now admissible evidence, subject to certain conditions.

DISTINCTION BETWEEN EVIDENCES IN CIVIL AND CRIMINAL CASES

DISTINCTION BETWEEN PROOF AND EVIDENCE

PROOF is not the evidence itself. It is the result of evidence.

EVIDENCE is the medium of proof.

FACTUM PROBANDUM AND FACTUM PROBANS

 FACTUM PROBANDUM is the fact or proposition to be established. It is the fact to be proved, the fact
which is in issue in a case and to which the evidence is directed.

Ex. The factum probandum in a civil case refers to the elements of a cause of action alleged in
the complaint as denied specifically by the defendant.

FACTUM PROBANS is the fact or material evidencing the fact or proposition to be established. It is the
probative or evidentiary fact tending to prove the fact in issue.

LIBERAL CONSTRUCTION OF THE RULES ON EVIDENCE.

-Rules of Court and Rules on Electronic Evidence must be construed liberally.

ADMISSIBILITY OF EVIDENCE
Requisites:
a. The evidence is relevant to the issue.
b. The evidence is not excluded by the rules.