It is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.(Sec. 1, Rule 128, Rulesof Court)
The rules of evidence, being part of the Rules of Court, apply onlyto judicial proceedings. (Sec. 1, Rule 128, Rules of Court)It is a well settled procedural principle that the Rules of Court shall notapply to
insolvency proceedings, and other cases
, except by analogy or in suppletorycharacter and whenever practical and convenient. (Sec. 4, Rule 1, Rules of Court)Also the rules on evidence does not apply to
court martial cases.
the Rules on Electronic Evidence
apply to all civil actions andproceedings as well as quasi-judicial and administrative cases. (Sec. 2, Rule 1,Rules on Electronic Evidence)
The rules of evidence shall be the
same in all courts
and in all trialsand hearings, except as otherwise provided by law or the Rules of Court.
EXAMPLES OF INSTANCES WHERE RULES OF EVIDENCE DO NOT APPLY TO JUDICIAL PROCEEDINGS
:1. Rules on Summary Procedure in civil actions;2. In the Rules of Summary Procedure in criminal cases, where the witnessessubmit their affidavits and counter-affidavits, subject only to cross-examination;3. In agrarian cases; and4. Rules regarding the testimony of witnesses from examinations, etc., in casesunder the MTC (where the parties merely submit their position papers and theirwitnesses’ affidavits and counter-affidavits. The rules of evidence are applicable to both civil and criminal cases becausethe law does not distinguish.
When the law specifically provides the procedure in receivingevidence. (Sec. 2, Rule 128, Rules of Court) The
purpose of evidence
is to ascertain the truth; however the truth isnot really the actual truth for the findings of the court would depend on theevidence presented and such is called the legal truth.Evidence is only required when the court needs to resolve a
question of fact
. So the case must present an
issue of fact
Justicis Nemini Neganda Est