because where the case presents a question
Evidence
(Rule 128 of the
Rules of Court)
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
Four component elements:
1. Means of ascertainment – includes not only
the procedure or manner of ascertainment
but also the evidentiary fact from which the
truth respecting a matter of fact may be
ascertained
2. Sanctioned by the rules – not excluded by
the rules of court
3. In a judicial proceeding – contemplates an
action or proceeding filed in a court of law
4. The truth respecting a matter of fact – refers
to an issue of fact and is both substantive
(determines the facts needed to be
established) and procedural (governs the
manner of proving said facts)
Reason why is evidence required.
- It is required because of the presumption
that the court is not aware of the veracity of
the facts involved in a case. It is therefore
incumbent upon the parties to prove a fact
in issue thru the presentation of admissible
evidence.
When evidence is required; when not required:
- Basic rule is that, a mere allegation is not
evidence and is not equivalent to proof. For
example, a charge based on mere suspicion
and speculation cannot be given credence.
- Where there is no factual issue exist in a
case, there is no need to present evidence
of law, such question is resolved by the mere
application of the relevant statutes of this
jurisdiction to which no evidence is required.
- In certain instances, evidence is no longer
required to prove an assertion, as in
following:
a. When the pleading in a civil case do not
tender an issue of fact, a trial need not
be conducted since there is no more
reason to present evidence. The case is
then ripe for judicial
determination(???), through a
judgement on the pleadings, pursuant
to Rule 34 of the Rules of Court.
b. Presentation of evidence may, likewise,
be dispensed with by agreement of the
parties. The parties to any action are
allowed by the Rules to agree in writing
upon the facts involved in the litigation
and to submit the case for judgment
upon the facts agreed upon, without the
introduction of evidence. (mitigation?
Isturyahan tas wiz nla kaso?)
c. Evidence is not required on matters of
judicial notice (sec 1, rule 129, rules of
court) and on matters judicially
admitted (Sec. 4, rule 129, rules of
court)
d. Evidence is not required when the law
presumes the truth of a fact.
(presumptive negligence – rebuttable,
presumption of innocence)
e. Evidence is, likewise, dispensed with
when a rule presumes the truth of a fact.
Under Rule 131 of the Rules of Court,
two kinds of presumption, conclusive
and disputable has been established.
Thus, the tenant is not permitted to
deny the title of his landlord at the time
of the commencement of the relation of
landlord and tenant between them. This
presumption is CONCLUSIVE against the
tenant. (Sec2[b], Rule 131, rules of
court). On the other hand, it is
disputably presumed that official duty
has been regularly performed (Sec.
3[m], Rule 131 Rules of Court)
Application of the rules on electronic evidence - Note: there is a different rule for Rules on
Electronic evidence since it covers quasi-
- The application of the rules on evidence in
judicial and administrative bodies.
the Rules of Court contracts with the
application of the Rules on Electronic Are there vested right:
Evidence. While the definition of “evidence”
No, any evidence inadmissible according to the laws
under the Rules of Court makes reference
in force at the time the action accrued, but admissible
only to judicial proceedings, the provisions
according to the laws in force at the time of the trial
of the Rules on Electronic Evidence apply as
is receivable.
well to quasi-judicial and administrative
cases. Sec. 2, Rule 1 of the Rules on Classifications of evidence
Electronic Evidence provides – These Rules
shall apply to all civil actions and proceeding Object Documentary Testimonial
Addressed to Consist of Testimony or
the sense of writings or any deposition of a
the court. (sec. material witness
Scope
1, rule 130) containing
- General rule: principle of uniformity. Rules of letters, words,
evidence shall be the same in all courts and numbers,
figures,
in all trials and hearing
symbols or
- Exception: if otherwise provided by:
other modes
o Law (e.g.) 1987 Constitution, of written
statues) expressions
o Rules of Court. [Sec. 2, Rule 128] offered as
proof of their
contents (sec.
- Note: it does not apply to election cases, 2, rule 130)
land registration, cadastral, naturalization
and insolvency proceedings, and other Cumulative corroborative
cases, except by analogy or in suppletory Evidence of the same Additional evidence of a
character and whenever practicable and kind and to the same different character to
convenient. state of facts the same point
Applicability
Prima facie Conclusive
- The rules of evidence are specifically
Standing alone, Class of evidence which
applicable only in judicial proceeding [Sec,
unexplained, or the law does not allow
Rule 128]
uncontradicted, is to be contradicted
- In quasi- judicial proceedings, the same sufficient to maintain
apply by analogy [Sec. 4, Rule 1], except in the proposition
cases where the governing law in the affirmed
particular proceedings specifically adopts
the rules of evidence in the rules of courts.
- Administrative investigations shall be Primary Secondary
conducted without necessarily adhering a. Best evidence a. Substitutionary
strictly to the technical rules of procedure b. That which the evidence
law regard as b. Inferior to
and evidence applicable to judicial
affording the primary;
proceedings.
greatest permitted only
certainty of when the best
 the fact in evidence is not Determined by the prevailing
question. available exclusionary rules of evidence

Exclusionary rules of evidence by law

admissibility of evidence are either constitutional or statutory, as
such:
requisites for admissibility of evidence
Constitutional Statutory
- Evidence is admissible when it is:
Unreasonable Lack of documentary stamp
o Relevant – such a relation to the
searches and tax to documentary stamp tax
fact in issue as to induce belief in its seizures; to documents required to
existence or non-existence. and privary of have one makes such
o Not excluded by law or the ROC communicatio document inadmissible as
(COMPETENCY) (sec. 3, rule 128) n and evidence in court until the
correspondenc requisites stamp/s shall have
Note: thus, a particular item of evidence may be e. [secs, 2-3, art been affixed thereto and
admissible, but its evidentiary weight depends on 3] cancelled.
judicial evaluation within the guidelines provided by Miranda Any communication obtained
the rules of evidence. Rights: right to by a person, not being
counsel, authorized by law the parties
When determined
prohibition of to any private communication,
- Admissibility is determined at the time it is torture, force, by tapping any wire/cable or
offered to the court (sec 35, rule 132) violence, using any other
threat, device/arrangement to
intimidation or secretly
other means overhear/intercept/record
Relevance of evidence & collateral matters which vitiate such information by using any
the free will; device, shall not be admissible
- Evidence must have such a relation to the
prohibition of in evidence in any
fact in issue as to induce belief in its secret judicial/quasi-
existence or non-existence [sec. 4, rule 128] detention judicial/legislative/administrat
places, solitary, ive hearing or investigation.
Collateral matters
incommunicad [Secs. 1 and 4, RA. 4200 (wire-
- Matters other than the fact in issue which o. [Sec. 12, Art. tapping Act)]
are offered as a basis for inference as to the 3]
existence or non-existence of the facts in No person shall Rules on electronic evidence
issue. [sec. 4, rule 128] be compelled [Sec. 1, rule 9.]
to be a witness
- General rule: evidence on collateral matters
against
is NOT allowed [sec. 4, rule 128]
himself.
- Exception: when it tends in any reasonable
degree to establish the probability or
improbability of the fact in issue. [sec 4, 128] Under the ROC, Rule 130 is the applicable rule in
- Note: what is prohibited by the rules in not determining the admissibility of evidence.
evidence of all collateral matters, but
Note: evidence illegally obtained is inadmissible on a
evidence of irrelevant collateral facts.
timely motion or action to suppress.
Competence

- Evidence not excluded by:

What is the doctrine of “fruit of the poisonous Tree?
o Law or
o ROC [sec. 3, rule 128] - The doctrine speaks of that illegally seized
documents, papers, and things are
 inadmissible in evidence. The exclusion of admitted for any or all
such evidence is the only practical means of the purposes for which
enforcing the constitutional injunction it is offered, provided it
against unreasonable searches and seizures. satisfies all the
requisites of law for its
What are the two axioms of admissibility according to admissibility therefor.
wigmore? Conditional Where the evidence at
the time of its offer
1. Axiom of relevancy – none but facts having appears to be
rational probative value are admissible. immaterial or irrelevant
unless it is connected
Note components of relevancy:
with the other facts to
a. Materiality – whether the evidence is be subsequently
offered upon a matter properly in issue. proved, such evidence
may be received, on
b. Probativeness – the tendency to establish
condition that the other
the proposition for which it is offered as
facts will be proved
evidence??????????
thereafter; otherwise,
2. Axiom of competency – facts having rational the evidence already
probative value are admissible unless some given shall be stricken
specific rule forbids their admission. The out.
rules of exclusion are rules of exception to
the general admissibility of all that is rational Note: this applied in the
and probative. case of people v. yatco
subject to the
What is meant by relevance of evidence? qualification that there
should be no bad faith
- Evidence must have such a relation to the
on the part of the
fact in issue as to induce belief in its
proponent. The
existence or non-existence. qualification appears to
Is evidence on collateral matters shall not be allowed? avoid unfair surprises.
Curative admissibility Where the court has
- Evidence on collateral matters shall not be admitted incompetent
allowed, except when it tends in any evidence adduced by
reasonable degree to establish the the adverse party, a
probability or improbability of the fact in party has a right to
introduce the same kind
issue.
of evidence in his/her
Note: while the evidence may not bear directly on the behalf.
issue, it will be admitted if it has the tendency to
corroborate or supplement facts established
what should determine the application of the rule of
previously by direct evidence, or to induce belief as to
curative admissibility?
the probability or improbability of a fact in issue.
1. Whether the incompetent evidence was
seasonably objected to; and
Doctrines/Kinds of admissibility 2. Whether, regardless of the objection, the
admission of such evidence shall cause a
Multiple Where the evidence is plain and unfair prejudice to the party
relevant and competent against whom it is admitted.
for two or more
purposes, such Direct Circumstantial
evidence shall be
Proves the fact in Proof of a fact/s from case in the course of the
dispute without the aid which, taken either trial
of any inference or singly or collectively, Generally determined Generally determined
presumption the existence of a by the pleadings filed by by the developments at
particular fact in the party the trial, or by the
dispute may be inferred provisions of
as a necessary or substantive or
probable consequence. procedural law

Positive Negative The burden of proof is fixed by pleadings.

Witness affirms that a Witness states he/she
fact did or did not occur did not see or know of Note: the burden of proof is on the party who asserts
the occurrence of a fact the affirmative of the issue at the beginning of the
(e.g., denial) case and continues on him throughout the case. He
who asserts, not he who denies, must prove.

Competence Credibility Where insanity is alleged, the burden of

Eligibility of evidence to Worthiness of belief; proof rests upon him who alleges insanity to establish
be received as such “believability” that fact but where insanity is once proved to exist,
the burden of evidence is shifted to him who asserts
that the act was done while the person was sane.
Burden of Proof Burden of evidence
Duty of a party to A party will have the What is the test to determine where the burden of
present evidence on the burden of evidence only proof lies?
facts in issue necessary (i.e., will have to be a
to establish his/her proponent) if there is - The test is to ask which party to an action or
claim or defense by the any factum probandum suit will fail if he offers no evidence
amount of evidence (whether evidentiary or competent to show the facts averred as the
required by law [sec. 1, otherwise) that the basis for the relief he seeks to obtain. If the
rule 131] adverse party has defendant has affirmative defenses, he
already established bears the burden of proof as to those
(whether by law, rule, defenses which he sets up in answer to the
or by virtue of evidence plaintiff’s cause of action.
that he has presented)
that he (the potential
proponent) has to
overcome. That factum
probandum may, but
does not have to be, nor
is limited to a “prima
facie presumption”.
Likewise, a party will
not have any burden of
evidence at all if the
adverse party has not
established any factum
probandum in the first
place. (Prof. Victoria A.
Avena)
Does not shift Shifts from party to
throughout the trial party depending upon
the exigencies of the