2019 Revised Rules on Evidence
The rules on evidence applies only to judicial
RULE 128
General Provisions
Section 1. Evidence defined.
Evidence – the means, sanctioned by these
rules, of ascertaining in a judicial proceeding the
truth respecting a matter of fact.
Not every fact having a conceivable connection
to the issue of a case, or that which provides a
reasonable inference as to the truth or falsity of
a matter alleged, is considered evidence.
It is not evidence, if it is excluded by law or by
the Rules, even
If it proves the existence or non-existence of a
fact in issue.
Evidence is required because of the
presumption that the court is not aware of the
veracity of the facts involved in a case.
It is incumbent upon the parties to prove a fact
in issue through the presentation if admissible
evidence.
Judicial/legal truth – truth referred to in the
definition
Under Sec. 34 of Rule 132, courts are not
authorized to consider evidence which has not
been formally offered. Thus, a supposed
evidence that would undoubtedly show the
innocence of the accused will not be considered
in the decision of the court if not formally
offered in evidence.
Section 2. Scope
The rules of evidence shall be the same in all
courts and in all trials and hearings
XPN: otherwise provided by law or these rules
PRINCIPLE OF UNIFORMITY
proceedings.
In relation to this, Section 4 of Rule 1 provides
for the non-applicability of the ROC, including
necessarily the rules on evidence, to certain
proceedings.
Section 4 (Rule 1). In what cases not applicable
N – naturalization
I – Insolvency
C – cadastral
O – Other cases not herein provided for
L – Land registration
E – election cases
XPN: 1. by analogy or in a suppletory character
2. whenever practicable and convenient
GR: administrative agencies are not bound by
the techjical rules on evidence
1Ong Chia vs Republic
- The rule on formal offer of evidence is
not applicable to a case involving a
petition for naturalization.
Section 3. Admissibility of Evidence
 When it is relevant to the issue
 Not excluded by the Constitution, the
law or these Rules
Section 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.
GR: Evidence on collateral matters shall not be
allowed
XPN: when it tends in any reasonable degree to
establish the probability or improbability of the
fact in issue
RULE 129
WHAT NEED NOT BE PROVED
Section 1. Judicial notice, when mandatory

 Existence and territorial extent of the

states,
