EVIDENCE

Rules 128 to 133 of the Rules of Court

1. Criminal Law and Jurisprudence comprises (20%) of the Criminology Board Exam.
2. Evidence comprises 3.4% of the 20% or about 17 questions out of 100.
3. Frequently asked sub-topics in Evidence:
a. Explain, use and compare the classes, types, kinds of evidence, the rules of
admissibility, burden of proof and presumptions (8 questions)
b. Explain, familiarize, organize the procedure in the presentation of evidence,
weight and sufficiency of evidence (8 questions)
c. DNA Evidence, electronic evidence, child witness (1 question)

Revised Rules on Evidence

The Supreme Court issued Administrative Matter No. 19-08-15 and approved the 2019
Proposed Amendments to the Revised Rules on Evidence on 8 October 2019. The
amendments took effect on 1 May 2020.

The 2019 Revised Rules on Evidence had placed a major focus on gender sensitivity by
amending every pronoun “He” in the Rules by teaming it up with “She” in order to
provide gender equality.

Definition, Scope and Kinds of evidence

Legal Basis of the Definition and Scope of Evidence

Revised Rules on Evidence, Rule 128, 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.

Revised Rules on Evidence, Rule 128, Section 2.

Scope - The rules of evidence shall be the same in all courts and in all trials and
hearings, except as otherwise provided by the law or these rules.

Before a court can decide a case, it has to determine what facts make up the
case. To find out what these facts are, courts require the parties to prove their
claims through evidence.

The law itself provides for the definition of evidence. The meaning given by the law is rife
with significance in that Evidence —-

1. It is a means/tool to arrive at the truth;

2. It must be sanctioned by the rules;
3. It must be used in a judicial proceeding;
4. The truth that is ascertained pertains to a fact in issue subject of the judicial
proceeding.

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A. Evidence is the means to ascertain truth.

“The truth”:

a. The ultimate objective of the rules of evidence is to render justice by

arriving at the truth of a matter in dispute i.e by knowing the facts
and the meaning of these facts.
b. Factual or moral truth- the truth which the court seeks to know.
c. Judicial truth-the truth as found by the courts based on the evidence
presented to it. Truth, in the judicial sense, is the version of the facts
that the parties were able to prove through the evidence they
presented in court.
d. Ideal or perfect justice- when the judicial truth is likewise the factual
truth.
Otherwise stated, evidence is the WAY (tool) of knowing the who,
what, where, how and why of a case.

B. Evidence must be sanctioned (allowed/permitted) by the Revised Rules

on Evidence.

This means that to be considered by the courts, evidence must meet the
criteria, set and follow the procedure prescribed by the Rules.

It therefore follows that even though a piece of evidence has a potential to

establish a fact, if it was not collected, handled, and presented according to
Rules, the court will exclude it from the factual bases of the decision on the
case.

C. The Revised Rules on Evidence apply to judicial proceedings (court

proceedings) in the courts of law.

The rules or procedure is applicable only to controversies tried by the regular

courts of law such as the MTC, MTCC, MCTC, RTC, Court of Appeals and the
Supreme Court; the procedure or rules of evidence does not apply in
quasi-judicial or administrative tribunals or to courts martial. The latter may
adopt the rules in their discretion

The Rules on Evidence shall not apply to the following:

a. election cases,
b. land registration,
c. cadastral,
d. naturalization, and
e. insolvency proceedings, and
f. in other cases not herein provided for, except by analogy
or in a suppletory character and whenever practicable
and convenient.

Examples of Rules of procedure where the rules of evidence have

supplemental application

1. 2009 Commission on Audit Rules of Procedure

2. 2011 National Labor Relations Commission Rules of
Procedure
3. Interim Rules of Procedure for Intra-Corporate
Controversies
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D. Evidence pertains to a matter of fact.

The fact to be established or the point in controversy must be capable of

being proven or ascertained by the rules of evidence. “ respecting a matter
of fact”… the fact to be established or the point in controversy must be
capable of being proven or ascertained by the rules of evidence. The rules
do not apply and cannot be used to answer questions or controversies
involving religion or faith; dogma, philosophy, literature, fantasy or fiction or
those which are purely speculative.

Facts examined by courts are either: (All litigations, whether civil or criminal,
involve the relationship between these two concepts.)

Ultimate Facts (factum probandum)

The essential and substantial facts that either form the basis of
the primary right and duty or directly make up the wrongful
acts or omission of the defendant.

Factum Probandum refers to the ultimate fact to be proven, or

the proposition to be established. That, which a party wants to
prove to the court.

Evidentiary Facts (factum probans)

Tend to prove or establish said ultimate facts or the premises

upon which conclusions of ultimate facts are based.

During the trial,the prosecution must present the evidentiary

facts that prove the ultimate facts alleged in the Information.

In criminal cases, the ultimate facts of the case are the INCIDENTS
that correspond to the elements of the crime charged, while the
evidentiary facts are the MATERIALS that prove that the incidents
happened.

Example :

Richard Bugnay is a government - employed traffic enforcer. On 5

September 2022, he was assigned to manage traffic at a busy
intersection in Roxas Boulevard. At around 4:00 p.m., near the end of
his shift, a silver sedan crossed the intersection despite the red light.
Richard flagged down the sedan, which was being driven by Sylvia
Chan. Sylvia, who was in a hurry, negotiated with Richard and asked
him not to issue her a ticket. Sylvia offered Richard P500.00 to let her
go, and told him, " Sige na, Sir. Pasko naman. " Richard accepted
Sylvia's offer, took the money, and let Sylvia go without issuing her a
ticket.

If Richard was charged with Direct Bribery, the following ultimate

facts would be alleged in the Information, and the following
evidentiary facts will be presented to prove the ultimate facts :

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Elements of the Crime Ultimate Facts Evidentiary Facts

The accused is a public Richard is a government - Richard has an identification

officer . employed traffic enforcer card issued by the traffic
and is, therefore, a public enforcement agency. His
officer . name is also on the payroll of
the agency.

The accused received directly Richard received directly Richard was handed P500.00.
or through another, some gift P500.00 . He took the bill and slipped it
or present , offer or promise . inside his ticket pad.

The gift, present or promise The P500.00 was given in Richard did not issue a traffic
has been given in consideration of Richard's violation to Sylvia .
consideration of the refrain from issuing a traffic
accused's commission of violation ticket, which was
some crime, orany act not his official duty .
constituting a crime , or to
refrain from doing something
which it is the accused's
official duty to do.

The crime or act relates to Richard's refrain from Judicial notice. Traffic
the exercise of the accused's issuing a traffic violation enforcement protocols
functions as a public officer . ticket relates to the exercise include issuing traffic
of his functions as a public violation tickets to motorists
officer . who run red lights .

PROOF

Under the Rules, “Proof” is the effect that evidence has on a factual allegation.

Thus: While proof is the result or effect of evidence, evidence is merely a means of
arriving at proof.

Example:

In a drug case, if a sachet of shabu is presented as corpus delicti for the charge of
violation of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, it
can be admitted as evidence. If the drug specimen submitted was properly marked,
examined by a chemist, and was documented in a chain of custody and inventory
processes,the Court can consider the drug specimens as proof in arriving at a decision
whether to convict or acquit the accused. However, if the drug evidence was not properly
marked or irregularities were found in the chain of custody, the Court can still admit the
specimen as evidence but may not consider it as proof.

AGAIN … Evidence is the means sanctioned by these rules of ascertaining in a judicial

proceeding the truth respecting a matter of fact.

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KINDS OF EVIDENCE

1. As to FORM
2. As to its relationship with fact
3. Other classifications of Evidence

Kinds of evidence as to form - LEGAL BASIS

1. Revised Rules on Evidence, Rule 130 , Section 1. Object as Evidence. - Objects as

evidence are those addressed to the sense of the court. When an object is relevant
to the fact in issue, it may be exhibited to , examined , or viewed by the court . All
physical, tangible items (excluding documents) addressed to the senses of the
court.

2. Revised Rules on Evidence, Rule 130 , Section 2. Documentary evidence .

-Documents as evidence consist of writings, recordings, photographs, or any
material containing letters, words, sounds, numbers, figures, symbols, or their
equivalent, or other modes of written expression offered as proof of their contents.
Photographs include still pictures, drawings, stored images, x - ray films ,
motion pictures, or videos.

3. Revised Rules on Evidence, Rule 130 , Section 22. Testimonial Evidence.

Testimony confined to personal knowledge. A witness can testify only to those
facts which he or she knows of his or her personal knowledge, that is, which are
derived from his or her own perception . These are expositions made by witnesses.

Evidence as to relationship with fact - Direct vs Indirect (Circumstantial Evidence)

1. Direct evidence : It is evidence that can stand on its own or is independent of any
inference or presumption. It does not require any explanation to prove a particular
fact. It is evidence to the precise point.
Examples:
Drugs specimen in violation of RA No. 9165
Cctv footage of a vehicular accident (reckless imprudence resulting into
damage to property)

2. Indirect evidence (circumstantial evidence)

When evidence is indirectly related to the fact in issue or is “proof of collateral

facts and circumstances from which the existence of the main fact may be
inferred according to reason and common experience.” When evidence is
circumstantial, there is a need to make a logical inference that leads to the main
fact.

Example:
In a case for Murder, CCTV footage showing the accused stabbing the
victim is direct evidence of the killing. The fact in issue is the killing of the victim,
and the CCTV footage directly shows the accused stabbing the victim with a knife
and the victim falling to the ground. Meanwhile , the fingerprints of the accused
throughout the crime scene, an eyewitness testimony of the accused exiting the
crime scene shortly after the victim's killing, and the knife found in the accused's
belongings with the victim's blood are all circumstantial evidence of the killing.

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They prove the following collateral facts: the accused was present at the crime
scene (fingerprints); the accused fled the crime scene after the time of the murder
(eyewitness testimony); and the accused was in possession of the murder weapon
(knife in accused's belongings). Unlike the CCTV footage, these pieces of evidence
relate to facts surrounding the killing. When taken together, these facts form the
logical inference that the accused murdered the victim.

Example:
In a case for Rape, the victim testified that the accused entered her room
when she was about to sleep and that the accused covered her nose and mouth
with a chemically laced cloth which caused her to lose consciousness. The victim
further testified that upon waking up, she felt pain in her genitalia, and her
underwear had blood. In addition to the victim's testimony, the piece of cloth and
the victim's underwear were offered as evidence. If these pieces of evidence were
gathered and taken as a whole, they form part of the circumstantial evidence that
may produce a conviction beyond a reasonable doubt.

Other classifications of evidence

1. Positive and negative evidence

2. Corroborative and cumulative evidence
3. Conclusive and prima facie evidence

Positive and Negative Evidence

Positive Evidence

A statement of a witness affirming, confirming, and agreeing that a fact did or did
not occur. It is evidence that affirms the occurrence of an event or existence of a
fact, as when a witness declares that there was no fight which took place.

Example:

“I was with Juan when he was suddenly punched in the face.”

“I saw Jose set Amelia’s house on fire last September 5, 2022.”

Negative Evidence

Also known as “negative testimony,” is a testimony that a fact did not exist, that a
thing was not done, or one did not hear. The evidence denies the occurrence of an
event or existence of a fact. Denials and alibis are negative evidence.

Example:

“I went somewhere else when he was punched in the face.”

“I saw Amelia’s house on flames last September 5 but did not see Jose set it
on fire.

Note that between positive and negative evidence, the Court will generally consider
positive evidence if properly supported or substantiated. In other words, positive
testimony is entitled to greater weight than negative testimony. For instance, an accused
defense of denial could not prevail over the positive testimony of the victim whom she
clearly identified as her molester.

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Corroborative and Cumulative Evidence

Corroborative Evidence: Additional evidence of a different kind and character tending

to prove the same point.

Example:

1. Baptismal cert, birth cert and school records may be presented to prove the
age of the victim.
2. Medical cert and medical examination of a medico legal expert are
corroborative evidence to the crime of rape.

Cumulative Evidence: Additional evidence of the same kind and character tending to
prove the same point.

Example:

1. A driver and a passenger can jointly state what they saw when they met an
accident.
2. In a drug case, the joint testimony of a poseur buyer and backup police
officers stating that both of them witnessed the accused in the act of selling
drugs is cumulative evidence of drug peddling.

Conclusive and Prima Facie Evidence

Conclusive evidence may either be:

(i) that which the law does not allow to be contradicted as in judicial admissions or
(b) that the effect of which overwhelms any evidence to the contrary as the DNA
profile of a person as the natural father over a denial.

Prima Facie Evidence

Prima facie evidence is evidence which, if unexplained or uncontradicted, is

sufficient to sustain a judgment in favor of the issue it supports.

Otherwise said, if the opposing party does not offer an explanation and present
contrary evidence, then the prima facie evidence will be enough basis for the court
to rule in favor of the party that offers the prima facie evidence.

Examples of prima facie evidence

1. Entries in official records made in the performance of his or her duty

by a public officer of the Philippines, or by a person in the
performance of a duty specially enjoined by law, are prima facie
evidence of the facts therein stated.
2. A police registry, which is a form of an entry record book, is prima
facie evidence of being a public record if the entries were made by a
public officer in the actual and official performance of duty.
3. If one is caught possessing an illegal drug and did not give any
explanation for the possession, there is prima facie evidence of

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“animus possidendi,"" or the intent to possess the illegal drug.
4. The presence of any person, even if such person is not a member of
the fraternity sorority, or organization, during the hazing is prima
facie evidence of participation therein as a principal unless such
person or persons prevented the commission of the acts punishable
herein or promptly reported the same to the law enforcement
authorities if they can do so without peril to their person or their
family.
5. Possession of three (3) or more articles of child pornography of the
same form shall be prima facie evidence of the intent to sell,
distribute, publish, or broadcast.

SUMMARY

1. Evidence is the means, sanctioned by the Rules of Court, for determining whether
a matter of fact is true or not, in a judicial proceeding.
2. The Revised Rules on Evidence are observed in judicial proceedings in all courts
under the judicial branch of government.
3. “Ultimate facts" (factum probandum) are the essential and substantial facts that
either form the basis of the primary right and duty or which directly make up the
wrongful acts or omissions of the defendant.
4. "Evidentiary facts" (factum probans) are facts that tend to prove or establish
ultimate facts or premises that lead to the conclusion of ultimate facts.
5. There is "proof" when there is sufficient evidence to support a factual conclusion.
6. Evidence can be an object, documentary, or testimonial.
7. Photographs, video recordings, and the like can be object or documentary
evidence. If they are offered as proof of their contents, then they are documentary
evidence.
8. Evidence can be direct or circumstantial. Direct evidence is proof of the fact in
issue, while circumstantial evidence is proof of collateral facts to the fact in issue.
9. Positive evidence is a statement of a witness affirming, confirming, and agreeing
that a fact did or did not occur, while negative evidence is a testimony that a fact
did not exist, that a thing was not done, that no one did not hear.
10. Corroborative evidence is additional evidence of a different kind and character
tending to prove the same point. In contrast, cumulative evidence is additional
evidence of the same kind and character tending to prove the same point.
11. Prima facie evidence is evidence which, if unexplained or uncontradicted, is
sufficient to sustain a judgment in favor of the issue it supports.