EVIDENCE

RULE 128

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)

General Provisions

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.

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)

Rules of evidence, as components of Rules of Court,

apply only to judicial proceedings. Sec. 1, Rule 128.

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.
2.
3.
4.
5.

Taking of depositions of any person oral or

written
Serving interrogatories to parties
Serving requests for admissions by the
adverse party
Production and inspection of documents
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 quasijudicial bodies.

The Rule 1, Sec. 4 also provides scope for the non

application of Rules of Court to certain cases, to
wit:
a.
b.
c.
d.
e.
f.

Election cases
Land registration
Cadastral
Naturalization
Insolvency proceedings
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.

contractual
suit
against the carrier,
there
exists
a
presumption against
the defendant.

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.

Distinction between proof and evidence

d.
e.

Evidence

Matters of judicial notices

Judicial admissions
When pleadings in civil case do not tender
an issue of fact. In which case, judgment on
the pleadings Rule 34 is proper.
It may be dispensed by the agreement of the
parties, made in writing.
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)

a.

b.

c.

The party having the

burden of proof must
prove his claim by a
preponderance
of
evidence.
An
offer
of
compromise is not
an admission of any
liability, and is not
admissible evidence
against the offeror.
Generally, there is
no presumption for
or against a party.
Exception in some
civil cases such as

Evidence
Cases
a.

b.

c.

in

1. End and result of

evidence

2. Means to end
2. End result

Factum probans
probandum

distinguished

Factum Probans
1.
2.

Fact or proposition to
be established
Conceived
as
hypothetical,
that
which one party
affirms and the other
denies

However, the Rules on Electronic Evidence do not

apply to criminal actions.

Evidence in Civil Cases

Proof

1. Medium of proof

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.

of

Proof the probative effect of evidence and is the

conviction or persuasion of the mind resulting from a
consideration of evidence.

Cases where no evidence is required:

a.
b.
c.

presumption
innocence.

from

factum

Factum Probandum
1.

2.

Fact or
material
evidencing
the
proposition to be
established
Conceived as for
practical
purposes
as existent and is
offered as such for
the consideration in
court

Criminal

The guilt of the

accused has to be
proven
beyond
reasonable doubt.
Except
those
involving
quasioffenses 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
guilt.
The accused enjoys

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.
2.
3.
4.

Existence of the debt of the defendant

Maturity of the debt
Demand made by the plaintiff upon the
defendant to pay
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.

Two elements of admissibility:

1.
2.

Evidence must be relevant

Evidence is not excluded by the rules (it
must be competent)

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 nonexistence. 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)

Relevancy must have a relation to the fact in issue

as to induce belief in its existence or non-existence.