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Introduction
Importance -every rule of law, presupposes the existence of a given set of facts to which the precept is to apply. Prompt and accurate ascertainment of facts existing in a given case becomes indispensable task for all state agencies, tribunals, boards, or commission entrusted with prompt and impartial administration of justice according to law. Rules of evidence are designed to enable the inquiry to proceed with the least waste of time and effort, and at the same time guard against prejudice and arbitrariness. The function emphasizes their importance to all who are concerned with the rule of law.

Question of fact and law prepositions. The outcome of trials is determined by question of fact and prepositions of law. - certain fact or group of facts exist. - Rule of law is a process having its own separate rules not here involved. - The proposition of law asserted by the parties depends upon the proposition of fact; where the rule of evidence come in. Role of evidence question of fact exert a great influence than propositions of law in litigations result - Evidence is the material offered to persuade the trier of facts about the fact question in a lawsuit. - Rules of evidence govern which of these materials can be considered by the trier of fact in resolving such questions. The law of evidence legal evidence consisting of those rules, statutory and judicial, which regulate the acceptance or rejection of the information to a legal tribunal which will justify a judgment or conclusion upon an issue before it. - Rules are adopted in the way evidence shall be presented or objected to

Mode and order which its parts shall assume Extent of its recognition and persuasiveness Quantity and quality of proof required or sufficient on any particular matter submitted. Substantive rights, duties and liabilities Procedural rules governing, the application of substantive law in a particular cases The law of evidence is tha part of the law of procedure which, with a view to ascertain individual rights and liabilities in particular cases; a) what may or may not be proved in such cases; b) what sort of ividence must be given of a fact which may be proved; and c) by whom and in what manner the evidence must be produced by which any fact is to be proved (sir James Stephen) Law of evidence according to Thayer, the law of evidence is the law which has to do with the furnishing of matter of fact; a) prescribes the manner of presenting evidence; by requiring that it shall be given in open court by one who personally knows the thing to be true, appearing in person, subject to cross-examination; or by allowing it to be given by deposition, taken in such a way, and the like; b) fixes he qualification and the privileges of witnesses, and the more of examining them; c) determines, as mong probative matters, things which are logically and in their nature evidential, what classes of things shall not be receive Evidence offered must correspond with the allegations and be confined to the point of issue Exclusion rules- evidence, when applied to the same subject in legal procedure must be limited to: first, to those circumstances which courts consider legally relevant, and second, to those forms or modes of presentation which are considered (a) trustworthy and (b) not a waste of time.

Exclusionary rule used for evidence excluded by the constitution

RULES OF EVIDENCE RULE 128 General Provisions 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)
Means of ascertainment Sanctioned by these rules In a judicial proceeding The truth respecting the matter of fact

2. ARGUMENT AND EVIDENCE presentation of elemental facts and in piercing hem together so as to reach the conclusion is evidence. The invocation by counsel of ordinary rules of logic and rhetoric in the combination of assumed facts as distinguished from presentation of evidence is argumentation. 3.The problem of ascertaining the facts relationship FACTUM PROBANDUM AND FACTUM PROBANS between

1.Other definitions Thayer any matter of fact which is furnished to a legal tribunal, by reasoning or by reference to what is noticed without proof, as the basis of inference in ascertaining some of the matter of fact ( 3 harv L Rev 142.) Wigmore- represents any knowable fact or group of facts, not a legal or a logical principle, considered with a view to its being offered before a legal tribunal for the purpose of producing persuasion, positive or negative, on the part of the tribunal, as to the truth of a proposition, not of law or of logic, on which the determination of the tribunal is to be asked (3rd ed., S1) Betham- matter of fact; the effect, tendency or design of which is to produce in mind a persuasion affirmative or negative of the existence of some other matter of fact. *****evidentiary fact rather than manner of bringing the fact

a) Factum probandum or proposition to be established is the ultimate fact. The determination of which are necessary for the application of a particular law or a legal precept is the foundation upon which the law on evidence rests. The question on what facts the decision turns is no of question of evidence but of substantive branch of the law. The PROPOSITION of which evidence may be offered is given by the rules of substantive law, entitling a person to relief or from which may reasonably be inferred, otherwise it become immaterial. What is the proposition to be proved ( one party affirms and the other denies- the fact in issue. b) Factum probans or material evidencing the proposition is the evidentiary fact or the fact by which the probandum is established. evidentiary facts. It signifies the relation between facts. The difference would be not in the nature of the proof but in the nature of facts required to be proved. What is the evidentiary fact offered to prove it- for practical purposes as existent and is offered as such for the consideration of the court. It is brought forward as a reality for the purpose of convincing the tribunal that the proposition (f probandum) is also a reality. 4. TO SETTLE THE RELATION 4 questions a) Admissibility- what facts are presented as evidence b) Burden of proof and presumption by whom must evidence be presented

c) Of what proposition in issue need be presented without evidence. treatise in evidence because their material is chiefly evidential material and their problems have been discriminated from the strictly evidential problem. 5. HOW JURAL CONFLICT IS PRESENTED a) Complaint process summons b) Pleadins determines the facts in dispute (ascertainment of disputes) c) Hearing or trial demonstration of rights and liabilities establish respective positions. d) Judgment determination of disputes by court e) Execution enforcement Jural relation a right as to the plaintiff and a liability as to the defendant that the law of evidence comes in. 6. CLASSIFICATION OF RULES OF EVIDENCE a) Rules of probative policy improve the probative value of the evidence offered i. Exclusionary rules excluded on grounds partly of relevance and policy ii. Preferential rules one is preferred over the other. Ex under the best evidence rule is the original document iii. Analytic rules subject certain kinds of evidence to rigid scrutiny to expose its possible weakness and shortcomings. Opportunity must be given to crossexamine the witness in order to bring out omissions in his testimony, without which the testimony is hearsay and is without probative value. iv. Prophylactic rules certain measures to prevent risk or falsity or mistake. Witness take an oath before testifying or a party can move for the separation of witnesses before testifying to prevent collusion.

v.

Quantitative rules requires certain kinds of evidence to be produced in specific quantity. Ex, an extrajudicial confession made by the accused shall not be sufficient ground for conviction unless corroborated by evidence by the corpus delicti(body of the crime)

b) Rules of extrinsic policy rules that seek to exclude useful evidence for the sake of upholding other policies considered more paramount and are either absolute or conditional. Illegally seized evidence is inadmissible in any proceedings. (Sec 3 (2). Art III, Consti) 7. KINDS OF EVIDENCE a) relevant evidence can establish probability or improbability of a fact in issue. (Sec 4, Rule 128, Rules of Crt) b) material evidence directed to prove a fact in issue as determined by the rules of substantive law and pleadings c) competent evidence- when it is not excluded by law in a particular case. d) direct and circumstantial evidence direct or positive when the evidence proves the fact in dispute without the aid of any inference or presumption; circumstantial is the proof of fact or facts from which, taken sisngly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence. e) positive and negative evidence witness affirms that a fact did or did not occur and negative when he states that he did not see or know the occurrence of a fact. f) rebutting evidence fact given to repel, resist, contradict or disprove facts given by the other party. g) primary or best and secondary evidence greatest certainty of the fact in question is primary evidence; secondary, being inferior, indicates the existence of more original source of information; affects the weight of evidence, and should be

distinguished from the best and secondary evidence rule under Sec 3 and 4 or Rule 130 of rules of court) h) expert evidence testimony of one particularly competent authority, or possessing in regard with one particular subject of human activity, knowledge not usually acquired by other person. i) prima facie evidence evidence standing alone unexplained or uncontroverted, sufficient to maintain the proposition affirmed. In law, it is sufficient to establish the fact, and if not rebutted, remains sufficient for the purpose. (RP vs Sandiganbayan, GR No 112708-09, mar 29, 1996) It is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. j) conclusive evidence inconvertible k) cumulative evidence. additional evidence of the same kind bearing on the same point. Evidence is not inadmissible simply because it is cumulative by considerable discretion may be exercise by the judge to determine the extent to which such evidence is to be received, and limiting the number of witnesses to testify on a particular fact. l) corroborative additional evidence of a different king and character, tending prove the same point. Evidence is the means of proof, proof is the effect of the evidence, the establishment of a fact by evidencewhenever all of the evidence is of such a character as to convince the intellect and conscience of men of a fact, then the fact is proved. Proof is that degree and quantity of evidence that produces conviction. Testimonial evidence- testimony given in open court by witness who has knowledge of the facts; Documentary public or private records, photos, maps and the like in form of tangible objects or exhibits. Opinion- factual details is awkward, confusing or inadequate that would require opinion of experts by education, training or experience in particular fields.( sec 49, 50 of Rule 130)

Stipulation as to evidence parties to a contract may legally stipulate as to the effect of certain types of evidence on the contractual rights of the parties, so long as their agreements do not infringe upon the jurisdiction of the courts.

Sec. 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) chanrobles v
1. Secs 1 and 2 are applicable in judicial proceeding in regular courts and are not applicable to administrative proceedings. Substantial evidence in administrative or quasi-judicial bodies. (Sec 5, Rule 133; Feria, phil legal studies, series no 4) 2. except as otherwise provided in these rules was added. Exception is found in Sec 24 of BP 129 which provides that certain special rules of procedure applicable under certain cases shall continue to be applied (agrarian cases) unless subsequently amended by law or by rules of court by SC. 3. Rules of admissibility are generally the same for the trial of civil and criminal cases. If some rules are applicable to a criminal case, it is bec of special consideration affecting a particular issue or particular sort of evidence rather than the general policy. Whether a matter is true or false is applicable to all cases.Basic principle in admissibility of evidence except to the extent that evidence is excluded by the policy or constitutional considerations. To impose rules retrictions on the courts and not to impose on lesser bodies manifest a greater public confidence in the discretionary capacity of admin bodies than in the judges. preponderance of evidence of greater weight, more convincing than that which is offered. The evidence offered in civil case is more credible and conclusive than that of the other.

proof beyond reasonable doubt with moral certainty, or that degree of proof which produces conviction in an unprejudiced mind, for criminal cases.( sec 2, rule 133) substantial evidence- that amount of relevant evidence which a reasonable mind might accept as sufficient to form a belief or conclusion on administrative proceedings. (sec 5., rule 133) same rules shall be applied in tribunals of an admin or quasi-judicial where the resolution of factual disputes is the object of an inquiry except to the extent that they are necessary to insure due process of law. But technical rules are rather relaxed in admin so as not to obstruct justice, thus all relevant evidence shall be admitted. Admission or exclusion of evidence would rather depend on whether the tribunal is an admin body vested with judicial or quasi-judicial power or established court, it does not follow that variations depending on the nature of the proceedings. Constitutional considerations must be given in criminal cases: library

2). Competent, if no excluded by the law or by rules. Sec. 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 or improbability of the fact in issue. (4a)

Right of confrontation Right of defendant to be represented by a counsel Right against unreasonable search and seizures Right against self incrimination

Quantum of evidence differs accdg to the nature of the proceedings.w

Sec. 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) Requisites: 1) relevant, as determined by logic, human experience and common sense.