evidence | 1st sem, 2011-2012ysr
: when the witness affirms that afact did or did not occurb)
: when the witness states he didnot see or know of the occurrence of a factPositive testimony is entitled to greater weight since thewitness represents of his personal knowledge thepresence or absence of a fact. In negative testimony,there is a total disclaimer of personal knowledge, hencewithout any representation or disavowal that the fact inquestion could or couldn’t have existed or happened.When a witness declares of his own knowledge that afact did not take place that is actually positive testimony since it’s an affirmation of the truth of a negative fact.
Not every circumstance which affords an inference as to thetruth or falsity of a matter alleged is considered evidence.
Not evidence if it’s excluded by the law or RoC even if itproves the existence or non-existence of a fact in issue.Definition under §1, R128 significantly considers “evidence”not as an end in itself but merely as a “means” of ascertainingthe truth of a matter of fact.
Purpose of evidence
Ascertain the truth respecting a matter of fact in a judicialproceeding (§1, R128)Evidence is required because of the presumption that thecourt is not aware of the veracity of the facts involved in acase. It is incumbent upon the parties to prove a fact in issuethrough the presentation of admissible evidence.
When evidence is required; when not required
Where no factual issue exists in a case, there is no needto present evidence because where the case presents aquestion of law, such is resolved by the mere applicationof the relevant statutes or rules of this jurisdiction towhich no evidence is required.
When the pleadings in a civil case do not tender an issueof fact, a trial need not be conducted since there is nomore reason to present evidence. Case is ripe for judicialdetermination through a judgment on the pleadings perR34
Evidence may be dispensed with by agreement of theparties. The parties to any action are allowed by theRules to agree in writing upon the facts involved in thelitigation and to submit the case for judgment upon thefacts agreed upon, without the introduction of evidence.
Evidence is not required on matters of judicial notice (§1,R129) and on matters judicially admitted (§4, R129)
Applicability of the rules of evidence
§4, R1 provides for the non-applicability of RoC, includingnecessarily the rules of evidence, to certain specifiedproceedings.
Administrative bodies are not bound by the technicalniceties of the rules obtaining in a court of law.
CSC conducts its investigations for the purpose of ascertaining the truth without necessarily adhering totechnical rules of procedure applicable in judicialproceedings.
Ong Chia v. Republic
: The rule on formal offer of evidence is not applicable to a case involving a petitionfor naturalization.
: Technical rules of evidence are notbinding in labor cases.
Bantolino v. Coca Cola Bottlers, Inc.
: The rules of evidence are not strictly observed in proceedings beforeadministrative bodies where decisions may be reachedon the basis of position papers only.Within the field of administrative law, while strict rules of evidence are not applicable to quasi-judicial proceedings,nevertheless, in adducing evidence constitutive of substantialevidence, the basic rule that mere allegation is not evidencecannot be disregarded. (Marcelo v. Bungubung)
Application of the Rules on Electronic Evidence
The provisions of the REE apply to all civil actions andproceedings, as well as quasi-judicial and administrative cases.(§2, R1, REE)
Scope of the rules of evidence
The rules of evidence in the RoC are guided by the
principle of uniformity
. As a general policy, the rules of evidence shallbe the same in all courts and in all trials and hearings. (§2,R128)
Evidence in civil cases v. Evidence in criminal cases
EVIDENCE IN CIVIL CASESEVIDENCE IN CRIMINALCASESThe party having the burdenof proof must prove his claimby a
preponderance of evidence
(§1, R133)Guilt of accused has to beproven
beyond reasonable doubt
Offer of compromise
is notan admission of any liability,and is
not admissible in evidence against the offeror
(§27, R130) An
offer of compromise by
accused may be received in evidence as an implied admission of guilt
, EXCEPT incriminal cases involvingquasi-offenses (criminalnegligence) or those allowedby law to be compromisedGenerally there is
no presumption of innocence
for or against a party EXCEPT in certain cases provided forby law The accused enjoys the
constitutional presumption of innocence
(§14, Art. III,Constitution)
Distinction between evidence and proof
Evidence is the medium or means by which a fact isproved or disproved.
Proof is not the evidence itself. It is merely the probativeeffect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the evidence.
Proof is the effect of evidence because withoutevidence there is no proof.
Bare allegations unsubstantiated by evidence arenot equivalent to proof.
Positive and negative defenses
GENERAL RULE: Positive evidence is more credible thannegative evidence.
Reason: the witness who testifies to a negative may haveforgotten what actually occurred, while it is impossible to