A.

Preliminary Considerations
Rule 128: General Provisions

Section 1. Evidence defined - Evidence is the means, sanctioned by these rules, of ascertaining in a judicial
proceedings the truth respecting a matter of fact.

Notes:
Legal definition - Evidence is the mode and manner of proving competent facts in judicial proceedings (Bustos v
Lucero, 81 Phil 640)

Evidence v Proof
Proof is the result or effect of evidence.
Proof of such fact – when requisite quantum of evidence has been duly admitted and given weight

factum probandum v factum probans

Factum probandum
- fact sought to be established
- proposition
Factum probans
- evidentiary fact or the fact by which the factum probandum is to be established
- materials which establish the proposition

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.

Notes:
- Law of evidence is a procedural law (Bustos v Lucero, supra)
- Sec. 5(5), Art VIII, 1987 CONST – SC shall promulgate rules concerning pleadings, practice and procedure
which shall be uniform for all courts of the same grade and shall not diminish, increase or modify
substantive rights.

Vested rights?
- Such new rules may validly be made applicable to cases pending at the time of such change, as the parties
to an action have no vested right in the rules of evidence (Aldeguer v Hoskyn, 2 Phil. 500)
- In criminal cases, if alteration of the rules of evidence would, for instance permit the reception of a lesser
quantum of evidence than what the law required at the commission of the offense in order to convict, then
the retroactive application of such amendatory law would be unconstitutional for being ex post facto.
Sources of the Law of Evidence
- Principally found in ROC (Rules 128 to 133)
- Also found in special laws
o Ex: RA 4200 – anti-wire-tapping
o Code of Commerce – Art. 448
o Presumptions in the Civil Code and RPC
o Bill of Rights
 Sec. 2 – The right of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall
be inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
 Sec. 3 (1) – The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety and order require otherwise as
prescribed by law.
 Sec. 3 (2) – Any evidence obtained in violation of this or the preceding section shall be
inadmissible for any purpose in any proceedings.
o Right against self-incrimination cannot be invoked in situations covered by immunity statutes.
 Ex: RA 1379, which grants immunity to witnesses in proceedings for the forfeiture of
unlawfully acquired property; PD 749, which grants immunity in bribery and graft cases

Applicability of the Rules of Evidence

- Specifically applicable only in judicial proceedings
- May apply to quasi-judicial proceedings by analogy or in a suppletory character and whenever practicable
and convenient (Sec. 4, Rule 1)
o Except where the governing law on that particular proceeding specifically adopts the rules of
evidence in the Rules of Court
 Ex: Court of Agrarian Relation – ROC were not applicable even in a suppletory
character, except in criminal and expropriation cases (PD 946, Sec. 16) which procedure
has been superseded by the provisions of RA 6657.

Classification of Evidence
- According to form
o Object (real) evidence (Sec. 1, Rule 130)
  That which is directly addressed to the senses of the court and consists of tangible things
exhibited or demonstrated in open court, in an ocular inspection or at a place designated
by the court for its view or observation of an exhibition, experiment or demonstration.
 Ascertainment of the controverted fact is made through the direct use of the different
senses of the presiding magistrate or his authorized delegate.
 Proferring or presenting in open court the evidentiary articles for the observation or
inspection of the tribunal
o Documentary evidence (Sec. 2-19, Rule 130)
 Supplied by written instruments or derived from conventional symbols such as letters, by
which ideas are represented on material substances.
o Testimonial evidence (Sec 20-51, Rule 130)
 That which is submitted to the court through the testimony or deposition of a witness.

Other classifications:
- Relevant, material and competent evidence
o Relevant - Having any value in reason as tending to prove any matter provable in an action.
 Test of relevancy – logical relation of the evidentiary fact to the fact in issue, whether the
former tends to establish the probability or improbability of the latter.
o Material – evidence directed to prove a fact in issue as determined by the rules of substantive law
and pleadings
 Test of materiality – determined by whether the fact it intends to prove is in issue or not ;
determined by the substantive law, the pleadings, the pre-trial order and by the
admissions or confessions on file.
 Evidence may be relevant but may be immaterial in the case
o Competent – one that is not excluded by the Rules, a statute or the Constitution
- Direct and circumstantial evidence
o Direct – that which proves the fact in dispute without the aid of any inference or presumption
o Circumstantial – proof of a fact or facts from which taken either singly or collectively, the
existence of the particular fact in dispute may be inferred as a necessary or probable consequence
- Cumulative and corroborative evidence
o Cumulative – evidence of the same kind and to the same state of facts
o Corroborative – additional evidence of a different character to the same point
- Prima Facie and conclusive evidence
o Prima facie – that which, standing alone, unexplained or uncontradicted, is sufficient to maintain
the proposition affirmed.
o Conclusive – that class of evidence which the law does not allow to be contradicted
- Primary and secondary evidence
 o Primary – best evidence – that which the law regards as affording the greatest certainty of the fact
in question
o Secondary – substitutionary evidence – that which is inferior to the primary evidence and is
permitted by law only when the best evidence is not available.
- Positive and negative evidence
o Evidence is positive when the witness affirms that a fact did or did not occur.
 Given greater weights since the witness represents of his personal knowledge the
presence of absence of a fact.
o Evidence is negative when the witness states he did not see or know of the occurrence of a fact.
 Total disclaimer of personal knowledge, hence without any representation or disavowal
that the fact in question could or could not have existed or happened.
 Ex: witness declares with his own knowledge that a fact did not take place –
positive testimony since it is an affirmation of the truth of a negative fact.

Section 3. Admissibility of evidence – Evidence is admissible when it is relevant to the issue and is not excluded by
the law or these rules.

Notes:
Requisites for Admissibility of Evidence
- It must be relevant to the issue sought to be proved
o Relevant when it has such a relation to the fact in issue as to induce belief in its existence or non-
existence.
 Determinable by the rules of logic and human experience
 Relevant evidence is any class of evidence which has rational probative value to establish
the issue in controversy.
- It must be competent
o Competent when it is not excluded by the law or these rules
 Determined by the prevailing exclusionary rules of evidence

When deemed submitted

- Determined at the time it is offered to the court (Sec. 35, Rule 132)
o Object or real evidence is offered to the court when the same is presented for its view or
evaluation, as in ocular inspections or demonstrations, or when the party rests his case and the real
evidence consists of objects exhibited in court.
o Testimonial evidence is offered by the calling of the witness to the stand.
o Documentary evidence is formally offered by the proponent immediately before he rests his case.
When objection made
- Admissibility of evidence shall be made at the time such evidence is offered, or as soon thereafter as the
objection to its admissibility shall have become apparent, otherwise the objection shall be considered
waived.
- Testimonial evidence
o Objection to the qualifications of the witness should be made at the time he is called to the stand
o If qualified, the objection should be raised when the objectionable question is asked or after the
answer is given if the objectionable features became apparent by reason of such answer.
- Object or real evidence
o Made either at the time it is presented in an ocular inspection or demonstration or when it is
formally offered
- Documentary evidence
o Made at the time it is formally offered

Doctrines or rules of admissibility

- Conditional admissibility
o Evidence at the time of its offer appears to be immaterial or irrelevant unless it is connected with
the other facts to be subsequently proved, such evidence may be received on condition that the
other facts will be proved thereafter, otherwise the evidence already given will be stricken out.
 There should be no bad faith on the part of the proponent
 Statement of the attorney that the proof offered will be connected later
- Multiple admissibility
o Evidence is relevant and competent for two or more purposes, such evidence should be admitted
for any or all the purposes for which it is offered provided it satisfied all the requirements of law
for its admissibility therefor.
- Curative admissibility
o Doctrine treats upon the right of a party to introduce incompetent evidence in his behalf where the
court has admitted the same kind of evidence adduced by the adverse party
 American rule – admission of such incompetent evidence, without objection by the
opponent does not justify such opponent in rebutting it by similar incompetent evidence
 English rule – party presented inadmissible evidence, the adverse party may resort to
similar inadmissible evidence
 Massachusetts rule – adverse party may be permitted to introduce similar incompetent
evidence in order to avoid a plain and unfair prejudice caused by the admission of the
other party’s evidence.
o Application
 Whether the incompetent evidence was seasonably objected to
  Whether regardless of the objections vel non, the admission of such evidence will cause a
plain and unfair prejudice to the party against whom it was admitted.
o Waiver
 Lack of objection to incompetent evidence constitutes waiver by the party against whom
it is introduced waiver by the party against whom it is introduced but does not deprive the
opposing party of his right to object to similar rebutting evidence
 Rule should be relaxed if one party would suffer a plain and unfair prejudice
o If the court improperly admitted evidence of a party regarding a
conversation or writing, the adverse party should be permitted to
introduce the whole thereof
o where admissible evidence has been improperly excluded, the other
party should not be permitted to introduce similar evidence
o where the improper evidence was admitted over the objection of the
opposing party, he should be permitted to contradict it with similar
evidence, otherwise it would result in disparity of rulings to his
prejudice.
Philippine Rule on admissibility of illegally obtained evidence
- Former rule: even if evidence had been illegally obtained, the same was admissible unless a specific rule
forbade its reception
o Abandoned in Stonehill v Diokno: held that documentary evidence, illegally obtained, is
inadmissible on a timely motion or action to suppress.

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 of the fact in issue.

Notes:
Collateral Matters
- Matters other than the facts in issue and which are offered as a basis for inference as to the existence or
non-existence of the facts in issue
o Not all collateral matters are prohibited by the Rules
- Where the collateral matters are relevant to the fact in issue because “they tend in any reasonable degree to
establish the probability or improbability of the fact in issue”, evidence of such collateral matters is
admissible.
- What the rules prohibit is evidence of irrelevant collateral facts.
 - Circumstantial evidence – evidence of collateral facts or circumstances from which an inference may be
drawn as to the probability or improbability of the facts in dispute; legal evidence and if sufficient, can
sustain a judgment (Sec. 4, Rule 133).
o Evidence of relevant collateral facts.

Weight of evidence
- Once admitted, depends on judge evaluation within the guidelines provided in Rule 133 and the decisional
rules of the Supreme Court.
- While evidence may be admissible, it may be entitled to little or no weight at all.
- Conversely, evidence which may have evidentiary weight may be inadmissible because a special rule
forbids its reception.

Rules of Evidence
a. Admissibility of Evidence (Rule 130)
b. Burden Proof and What Need Not be Proved (Rule 131 and 129)
c. Presentation of Evidence (Rule 132)
d. Weight and Sufficiency of Evidence (Rule 133)