:Rules of Court, Rule 128-133ConstitutionSpecial Laws (e.g.Anti-Wiretapping Act)Revised Penal Code, Civil Code, etc.Jurisprudence
Rule 128GENERAL PROVISIONSEVIDENCE
is the means, sanctioned by theRules of Court, of ascertaining in a judicialproceeding the truth respecting a matter of factEvery evidential question involves therelationship between the
- the ultimate factsought to be established.It may be ascertained in:1. pleadings submitted by the parties2. pre-trial order 3. issues which are tried with the express or implied consent of the parties. (
Sec. 5, Rule10
If fact is admitted, there is no morefactum probandum because there is no fact inissue.
- the material evidencingthe proposition. It is the fact by which the factumprobandum is established.Admissibility or inadmissibility of evidence isdetermined in accordance with the law in forceat the time the evidence is presented.Therefore, there is no vested right of evidence.Evidence otherwise inadmissible under the lawat the time the action accrued, may be receivedin evidence provided that it is admissible under the law in force during the trial.
CLASSIFICATION OF EVIDENCE:
A. Depending on its ability to establish the factin dispute, evidence may be:1.
—evidence which provesthe fact in dispute without the aid of anyinference or presumption.2.
— evidence of relevant collateral facts.B.Depending on the degree of its value inestablishing a disputed fact, evidence maybe:1.
Prima Facie Evidence
—evidence whichsuffices for the proof of a particular fact untilcontradicted and overcome by other evidence.2.
—evidence which isincontrovertible or one which the law doesnot allow it to be contradicted.3.
—evidence whichis of a different kind and character as thatalready given and tends to prove the sameproposition.4.
—evidence which isof the same kind and character as thatalready given and tends to prove the sameproposition.C.Depending on its weight and acceptability,evidence may be:1.
Primary or best evidence
—evidence whichaffords the greatest certainty of the fact inquestion.2.
Secondary or Substitutionary evidence
—evidence which is inferior to primaryevidence, and admissible only in theabsence of the latter.D.Depending on its nature, evidence may be:1.
— evidence addressed tothe senses of the court and is capable of being exhibited to examined or viewed bythe court. Also known as
—evidence whichconsists of writings, words, numbers,figures, symbols or other modes of writtenexpressions offered as proof of their contents.3.
— evidence whichconsists of the narration or deposition byone who has observed or has personalknowledge of that to which he is testifying.E. Depending on its quality, evidence may be:1.
—if it has arelation to the fact in issue as to inducebelief in its existence or non-existence.2.
—if it isrelevant to the issue and is not excluded bylaw or the Rules of Court.3.
—if it is notonly admissible evidence but also believableand used by the court in deciding a case.GENERAL RULE: The rules of evidence areapplicable to both civil and criminal casesbecause the law does not distinguish.EXCEPTION: When the law specificallyprovides otherwise.
INSTANCES WHERE RULES OF EVIDENCEDO NOT APPLY TO JUDICIALPROCEEDINGS
:1. Rules on Summary Procedure in civilactions;2. Rules of Summary Procedure in criminalcases, where the witnesses submit their affidavits and counter-affidavits, subjectonly to cross-examination;3. Agrarian cases; and4. Rules regarding the testimony of witnesses from examinations, etc., in casesunder the MTC (where the parties merelysubmit their position papers and their witnesses’ affidavits and counter-affidavits.)