SECTION 1. Evidence defined.

- Evidence is the means without regard to technicalities or legal forms and shall
sanctioned by these rules, of ascertaining in a judicial not be bound by any technical rules of legal evidence
proceeding the truth respecting a matter of fact. but may inform its mind in such manner as it may deem
just and equitable. (Ang Tibay v. Court of Industrial
Evidence as means of ascertainment;
Relations, G.R. No. L-46496, February 27, 1940)

In a judicial sense, truth is the version of the

facts that parties were able to prove through the
They do not apply to election cases, land
evidence they presented in court. Otherwise stated,
registration, cadastral, naturalization and insolvency
evidence is the way of knowing the who, what, where,
proceedings and other cases not provided for, except by
how, and why, of a case.
analogy or in a suppletory character and whenever
practicable and convenient. Examples of rules of
When a party makes an allegation, they must
procedure where the rules of evidence have
verify this allegation by providing evidence to support it
supplementary application: the 2009 COA Rules of
which could either be - objects, documents, or
Procedure; the 2011 NLRC Rules of Procedure, etc
testimonies that the court can examine.
Evidence pertains to a matter of fact
Evidence can pertain to two forms: (1) the
resources which may be presented before the courts
The purpose of hearing cases is to arrive at a
[e.g. an object, a document, or a testimony]; (2) the
decision based on verified facts or realities that are
steps by which they are brought before and are
observable using the human senses. Controversies
considered by the courts in the resolution of the case
raised before the court which call into use the Revised
[e.g. offer of evidence, direct examinations of witnesses,
Rules on Evidence cannot be about fictitious matters
depositions]
(e.g. products of imagination) or those borne of belief
Sanctioned by the rules (e.g. religious mysteries).

FACTS examined by the courts are either:

-this means that to be considered by the courts,
- “ultimate facts” [factum probandum] or
evidence must be allowed by the Rules of Court. (must
-”evidentiary facts” [factum probans]
meet the criteria set and follow the procedures
prescribed by the Rules). It therefore follows that even
Ultimate facts (or factum probandum) are the
though a piece of evidence can establish a fact, it will be
essential and substantial facts that either form the basis
excluded by the courts from the factual bases of its
of the primary right and duty or directly make up the
decision, if it was not collected, handled, and presented
wrongful acts or omissions of the defendant. These are
according to the Rules.
the incidents that corresponds to the elements of the
In judicial proceeding crime charged.

The Rules of Evidence are utilized in judicial Evidentiary facts on the other hand, tend to prove or
proceedings. This means that these rules [promulgated establish said ultimate facts or the premises upon which
in accordance with Article VIII, Section 5 of the conclusions of ultimate facts are based. Otherwise
Constitution], are observed in courts under the stated, they are the materials that prove that the
Judiciary. incidents happened.

As a general rule, when the proceedings are

*Each particular piece of evidence is a
administrative or quasi-judicial, the rules of evidence
“proposition of fact” – called “evidentiary fact”[factum
are not strictly followed. An administrative tribunal is
probans], as opposed to the factual truth to be
not narrowly constrained by technical rules of
ascertained [factum probandum] or the
procedure and is merely required to act according to
ultimate/material fact to be proved by the evidentiary
justice and equity and substantial merits of the case,
facts.
Simply stated, factum probandum is the ultimate fact or As to relevancy
the fact sought to be established; while factum probans 1. Relevant evidence
is the evidentiary fact of the fact by which the factum 2. Irrelevant evidence
probandum is to be established.
As to need to infer or presume
PROOF 1. Direct evidence
2. Circumstantial evidence
In common sense, “evidence” and “proof” are
interchangeable. For legal purposes, we make a As to originality
distinction between these terms. Under the rules, 1. Primary or best evidence
“proof” is the effect that evidence has on a factual 2. Secondary evidence
allegation. It means that there is enough evidence to
establish the truth of a fact in issue. As to supporting evidence
1. Cumulative evidence
PROOF
2. Corroborative evidence

In common sense, “evidence” and “proof” are As to controversion

interchangeable. For legal purposes, we make a 1. Prima Facie evidence
distinction between these terms. Under the rules, 2. Rebutting evidence
“proof” is the effect that evidence has on a factual 3. Conclusive evidence
allegation. It means that there is enough evidence to
establish the truth of a fact in issue. As to content of testimony
1. Character or reputation evidence
As to materiality
2. Opinion evidence
1. Material Evidence
3. Expert evidence
2. Immaterial Evidence
4. Ordinary evidence

As to Admissibility As to source of evidence

1. Competent evidence 1. Intrinsic evidence
2. Inadmissible evidence 2. Parol evidence or extrinsic evidence or
evidence aliunde
 under the constitution.
Legal Basis The concept of confession is applicable

CLASSES OF EVIDENCE
Rule 130, Section 1. Object as Evidence. – Objects as
evidence are those addressed to the sense of the court. 1. OBJECT or REAL EVIDENCE - those addressed to the
When an object is relevant to the fact is issue, it may be senses of the court. They are exhibited to, examined or
exhibited to, examined, or viewed by the court. viewed by the court. (Section 1, Rule 130) Object
evidence is tangible evidence (such as a scar which is
Rule 130, Section 2. Documentary Evidence. –
the visible evidence of injury or a murder weapon)
Documents as evidence consist of writings, recordings,
directIy involved in the underlying events of the case.
photographs, or any material containing letters, words,
Matters of fact which object evidence tends to prove
sounds, numbers, figures, symbols, or their equivalent,
are the appearance, existence, condition, and other
or other modes of written expression offered as proof
physical characteristics of an object. Thus, in the
of their contents. Photographs include still pictures,
appreciation of object evidence, the court uses the
drawings, stored images, x-ray films, motion pictures, or
senses of sight, touch, hearing, taste, and smell. - all
videos.
physical, tangible items (excluding documents)
Rule 130, Section 22. Testimony confined to personal addressed to the senses of the court.
knowledge. – A witness can testify only to those facts
2. DOCUMENTARY EVIDENCE - consists of writing or
which he or she knows of his or her personal
any material containing letters, words, numbers,
knowledge, that is, which are derived from his or her
figures, symbols or other modes of written expression
own perception.
offered as proof of their contents. (Section 2, Rule 130)
In the 2019 revision of the Rules on Evidence, For documentary evidence, what is important is not the
photographs or any material containing letters, words, physical document itself but its contents.
sounds, numbers, figures, symbols, even when they are In the appreciation of documentary evidence, the court,
addressed to the senses of the court, are considered rather than the mere use of the five senses, has to use
documentary evidence when they are offered for the intelligence. For example, if a party presents a
purpose of proving their content. Hence, a photograph document denominated as a deed of sale, the court has
of an official receipt of services, while technically an to read the document, construe and understand it and
object because it is addressed to the senses of the determine the respective rights and obligations of the
court, is documentary evidence when it is offered to parties according to what is written in the document.
prove that a party paid for the services. The evidence is what is written on the paper, and not
the physical attributes of the paper.
WHY IS EVIDENCE REQUIRED
– written instruments, the contents of whichh pertain
It is required because of the presumption that the court
to the fact in issue
is not aware of the veracity of the facts involved in a
case. It is therefore incumbent upon the parties to 3. TESTIMONIAL EVIDENCE - oral or written assertions
prove a fact in issue through the presentation of offered in court as proof of the truth of what is being
admissible evidence. (Riano, Evidence: A Restatement stated, for as long as the witness whose testimony is
for the Bar, p. 2, 2009 Ed.) offered can perceive, and in perceiving, can make
known his perception to others.

(Section 20, Rule 130) Testimonial evidence can be

EVIDENCE IN CRIMINAL CASES
written like affidavits and depositions or oral, like what
a witness says in open court.
Guilt of the accused has to be proven beyond
reasonable doubt. – expositions made by a witness
An offer of compromise by the accused may be received
(As to whether evidence affirms of negates)
in evidence as an implied admission of guilt
The accused enjoys the presumption of innocence
POSITIVE EVIDENCE
 Positive evidence is a statement of a witness pregnant denial) is a denial which implies its affirmative
affirming, confirming, and agreeing that a fact did or did opposite by seeming to deny only a qualification of the
not occur. Positive and categorical identification of the allegation and not the allegation itself.
accused that he/she is the person behind the criminal
Note that between positive and negative evidence, the
act is in the nature of a positive testimony.
Court will generally consider positive evidence if
properly supported or substantiated. In other words,
NEGATIVE EVIDENCE
positive testimony is entitled to greater weight than
Negative evidence, also known as negative
negative testimony. For instance, an accused’s defense
testimony, is a testimony that a fact did not exist, that a
of denial could not prevail over the positive testimony
thing was not done, or that one did not hear.
of the victim, whom she clearly identified as her
ALIBI AS NEGATIVE EVIDENCE molester.

(As to materiality)
In a criminal action, alibi is a defense that the defendant
was somewhere other than the scene of the crime MATERIAL EVIDENCE - evidence which tends to prove
when the crime was committed. It is a Latin term which the fact in issue of a case. Evidence is material if offered
means "elsewhere, somewhere else." When the upon a matter properly in issue. Whether a matter is
accused, for example, in a homicide case, interposes the properly in issue is determined by substantive law and
defense of alibi, he is in effect saying that he does not the pleadings submitted by the parties.
know who killed the victim and that it could not be him
because he was not even there. Alibi, in jurisprudence, In a case for Estafa for failure to return the consigned
is a negative, self-serving evidence that the law jewelries if unsold within 30 days, the consignment
considers to be inherently weak. agreement is material evidence.

WEIGHT OF NEGATIVE EVIDENCE IMMATERIAL EVIDENCE – evidence which does not

tend to prove the fact in issue in a case or evidence
PEOPLE v. MACALABA offered upon a matter not in issue.
G.R. Nos. 146284-86, January 20, 2003 In a case for homicide wherein the victim died due to
“The Court has time and again ruled that mere denial gunshot wounds, the jungle bolo found in the crime
cannot prevail over the positive testimony of a witness. scene is immaterial/irrelevant to prove the fact in issue.
A mere denial, like alibi, is a self serving negative
evidence which cannot be accorded greater evidentiary As to Admissibility
weight than the declaration of credible witnesses who 1. COMPETENT EVIDENCE - evidence which is not
testify on affirmative matters. As between a categorical excluded by the law or the Rules. It means that the
testimony that rings of truth on one hand, and a bare evidence is admissible.
denial on the other, the former is generally held to
prevail.” 2. INADMISSIBLE EVIDENCE - evidence which is
excluded by the law or the rules.
NEGATIVE PREGNANT
Examples: 1987 Philippine Constitution
As defined in Republic of the Philippines v.
Sandiganbayan,' a negative pregnant is a form of ART 3 Sec 2 bor
negative expression which carries with it an affirmation
Section 2. The right of the people to be secure in their
or at least an implication of some kind favorable to the
persons, houses, papers, and effects against
adverse party. It is a denial pregnant with an admission
unreasonable searches and seizures of whatever nature
of the substantial facts alleged in the pleading. Where a
and for any purpose shall be inviolable, and no search
fact is alleged with qualifying or modifying language and
warrant or warrant of arrest shall issue except upon
the words of the allegation so qualified or modified are
probable cause to be determined personally by the
literally denied, it has been held that the qualifying
judge after examination under oath or affirmation of
circumstances alone are denied while the fact itself is
the complainant and the witnesses he may produce,
admitted. Stated otherwise, a negative pregnant (or a
and particularly describing the place to be searched and
the persons or things to be seized. Section 3. (1) The truth or falsity of a fact in issue and does not
privacy of communication and correspondence shall be arise from a presumption.
inviolable except upon lawful order of the court, or
- it is when evidence is directly related to the fact in
when public safety or order requires otherwise, as
issue or is proof of the fact in issue. It is the kind of
prescribed by law.
evidence that can stand on its own or is independent of
(2) Any evidence obtained in violation of this or the any inference or presumption. It does not require any
preceding section shall be inadmissible for any purpose explanation to prove a particular fact.
in any proceeding.
2. CIRCUMSTANTIAL EVIDENCE - evidence not bearing
By virtue of the provision of law, it appears that any directly on the fact in dispute but on various attendant
evidence obtained in violation of Section 2 or 3 of circumstances from which the judge might infer the
Article III of the 1987 Philippine Constitution is occurrence of the fact in dispute. Circumstantial
inadmissible. Provisions limiting a party's ability to evidence is that evidence which indirectly proves a fact
present certain types of evidence are also found under in issue through an inference which the fact-finder
Rule 130 of the Rules of Court on Admissibility of draws from the evidence established.
Evidence.
(Espineli v. People, G.R. No. 179535, June 9, 2014)
(As to Relevancy)
- in other words, this is evidence that is indirectly
RELEVANT EVIDENCE - evidence which has a tendency related to the fact in issue or is “proof of collateral facts
in reason to establish the probability or improbability of and circumstances from which the existence of main
the fact in issue. Relevant evidence is evidence tending fact may be inferred according to reason and common
to prove or disprove a material fact. Evidence having a experience.
tendency to make the existence of any fact that is of
- when evidence is circumstantial, there is a need to
consequence to the determination of the action more
make a logical inference that leads to the main fact. If
or less probable than it would be without the evidence.
the unbroken chain of events proved by circumstantial
IRRELEVANT OR UNRELATED EVIDENCE - the opposite evidence is combined, the courts can decide on the fact
of relevant evidence or evidence that has no tendency in issue.
in reason to establish the probability or improbability of
CONSPIRACY CANNOT BE PROVED DIRECTLY
the fact in issue.

When persons come into an agreement concerning the

commission of a felony and decide to actually commit it,
they are not expected to reduce their agreement into
writing and spell-out their respective participations in
the crime. There is rarely ever a direct proof of
conspiracy. Considering the difficulty in establishing the
existence of conspiracy, settled jurisprudence finds no
need to prove it by direct evidence. (Fernan v. People,
G.R. No. 145927, August 24,2007) It may be deduced
from the acts of the perpetrators before, during and
after the commission of the crime which are indicative
of a common design, concerted action and concurrence
of sentiments (Serrano u. CA, G.R. No. 123896, June 25,
(As to the need to infer or presume) 2003)

1. DIRECT EVIDENCE - proof of the fact or point in As to supporting evidence

issue, as distinguished from circumstantial
1. CUMULATIVE EVIDENCE - additional evidence
proof; proof that if believed, establishes the
of the same kind and character as that already
given and tends to prove the same proposition.
It is additional evidence of the same kind and character indispensable, there are instances where the law itself
tending to prove the same point. This is purely the requires corroboration or plurality. They are:
accumulation of similar evidence that is derived from
1. The requirement of at least two witnesses under
common sources.
Article 114 of the Revised Penal Code, if the person
2. CORROBORATIVE EVIDENCE _ additional evidence of accused of treason does not make a confession of his
a different kind and character, tending to prove the guilt;
same point. Corroborative evidence is deemed
2. The requirement under Rule 119, Section 17 that the
necessary only when there are reasons to suspect that
testimony of an accused sought to be discharged as a
the witness did not tell the truth or that his observation
state witness can be substantially corroborated in its
had been inaccurate.
material points;
It is a piece of evidence that may be derived from
4. The mandate of Rule 133, Section 3 which states that
various sources but proves a common point.
an extrajudicial confession made by an accused, shall
PEOPLE v. AYUPAN not be sufficient ground for conviction, unless
G.R. No. 140550, February 13, 2002 corroborated by evidence of corpus delicti; and

5. The requirement that, in order for circumstantial

It is well-settled that the testimony of a lone witness- if
evidence to be sufficient to warrant a conviction, there
found by the trial court to be positive, categorical and
must be more than one circumstance and all such
credible, is sufficient to support a conviction. This is so
circumstances must inexorably lead to the conclusion
esp if the testimony bore the earmarks of truth and
that the accused is guilty beyond reasonable doubt.
sincerity and was delivered spontaneously, naturally
(Rule 133, Section 4;
and in a straightforward manner. Corroborative
Manulat u. People, G.R. No. 190892, August 17, 2015)
evidence is necessary only when there are reasons to
Here, a plurality of evidence is required by the Rules.
suspect that the witness bent the truth, or that his/her
observation is inaccurate. Evidence is assessed in terms (As to the controversion)
of quality, not quantity. It is to be weighed, not
counted. Therefore, it is not uncommon to reach a PRIMA FACIE EVIDENCE - evidence that is sufficient to
conclusion of guilt on the basis of a testimony of a lone establish a fact, and if not rebutted, becomes conclusive
witness. of that fact.
PEOPLE v. MANALILI
G.R. No. 191253, August 28, 2013 -That evidence which, if unexplained or uncontradicted,
is sufficient to sustain a judgment in favor of the issue it
Settled is the rule that the testimony of a supports.
single witness may be sufficient to produce a -otherwise stated, if the opposing party does not offer
conviction, if the same appears to be trustworthy and an explanation and present contrary evidence, then the
reliable. If credible and convincing, that alone would prima facie evidence will be enough basis for the court
be sufficient to convict the accused. No law or rule to rule in favor of the party that offers the prima facie
requires the corroboration of the testimony of a single evidence.
witness in a rape case.
REBUTTING EVIDENCE - that which is given by a party in
CORROBORATION IS GENERALLY NOT REQUIRED the cause to explain, repel, counteract or disprove facts
Truth is established not by the number of witnesses but given in evidence on the other side. The term rebutting
by the quality of their testimonies. Testimonies of single evidence is more particularly applied to that evidence
witnesses would suffice even if uncorroborated given by the plaintiff, to explain or repel the evidence
provided they are positive, trustworthy, reliable, and given by the defendant.
credible. In the same vein, plurality of evidence is
generally not required. While the weight of authority is CONCLUSIVE EVIDENCE - Evidence which is
to the effect that corroboration or plurality is not incontrovertible, that is to say "either not open or not
able to be questioned, as where it is said that a thing is
conclusively proved, it means that such result follows February 5, 2001), and
from the facts shown as the only one possible."
3. Testimonial Evidence, which is the least reliable as it
As to the content of testimony
is the most prone to fabrication.
1. CHARACTER OR REPUTATION EVIDENCE - evidence
IMPORTANCE OF TESTIMONIAL EVIDENCE
attesting to one's character and moral standing in the
community. Generally, the character of a party is
While testimonial evidence occupies the lowest ranking
regarded as legally irrelevant in determining a
in the hierarchy of evidence, it is conversely the most
controversy. When allowed, the character evidence
indispensable. Neither object nor documentary
must be limited to the traits and characteristics involved
evidence can be presented without an accompanying
in the type of offense charged."
testimony. It is through testimonial evidence that
2. OPINION EVIDENCE - evidence of what the witness objects and documents are identified, authenticated
thinks, believes, or infers in regards to facts in dispute, and given relevance. Testimonial evidence therefore,
as distinguished from personal knowledge of the facts gives context to the other types of evidence. Indeed,
themselves. The rules of evidence ordinarily do not objects and documents, as evidence, must be
permit witnesses to testify as to opinions or “sponsored” by a witness.
conclusions.
KEEP IN MIND
3. EXPERT EVIDENCE - consists in the opinion of a Law enforcers have important roles in the prosecution
witness on a matter requiring special knowledge, skill, of criminal cases, particularly in the collection,
experience, or training which he is shown to possess. preservation, and presentation of evidence. In fact, a
relevant amount of criminological education and
4. ORDINARY EVIDENCE - consists in the testimony of a training is devoted to the performance of these roles,
witness who testifies to those facts which he knows of including crime detection and investigation,
his personal knowledge; that is, which are derived from criminalistics, and criminal jurisprudence. Deep
his own perception. familiarity with the Rules on Evidence will help police
As to the source of evidence officers practice what they have learned and fulfill
their official functions.
1. INTRINSIC EVIDENCE - information necessary
for the determination of an issue that is gleaned Evidence is crucial to the effectiveness of the
from the provisions of a document itself. judicial process. Through evidence that is correctly
gathered, handled, and presented, the courts will have
2. PAROL EVIDENCE OR EXTRINSIC EVIDENCE OR bases to grant reliefs to those who have been
EVIDENCE ALIUNDE - refers to evidence from a aggrieved, and to bring to justice those who have
source outside the subject document (aliunde perpetrated crimes.
means "from another source").
SUMMARY
Note: we will no longer include this as this is mainly
used in the prosecution of civil cases. - Under the Constitution, the Judiciary has the power to
HIERARCHY OF EVIDENCE promulgate rules for the conduct of judicial
proceedings. In accordance with this power, the
Based on jurisprudence, the hierarchy among the types Supreme Court promulgated the Rules of Court, a
of evidence is as follows: subset of which is the Revised Rules on Evidence.

1. Object Evidence, which is evidence of the highest - Evidence is the means, sanctioned by the Rules of
order as it is self-evident; Court, for determining whether a matter of fact is true
or not, in a judicial proceeding.
2. Documentary Evidence, as in the weighing of - The Revised Rules on Evidence are observed in judicial
evidence, documentary evidence prevails over proceedings in all courts under the judicial branch of
testimonial evidence (Go. V. CA, G.R. No. 112550,
government.

- “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.

- “Evidentiary facts” (factum probans) are facts that

tend to prove or establish ultimate facts or premises
that lead to the conclusion of ultimate facts.

- There is “proof” when there is sufficient evidence to

support a factual conclusion.

- Evidence can be an object, documentary or

testimonial.

- 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.

- 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.

- 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.

- 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.

- Prima facie evidence is evidence which, if unexplained

or uncontradicted, is sufficient to sustain a judgment in
favor of the issue it supports.

- Electronic or digital evidence is any evidence stored or

transmitted in a digital or electronic format that a party
to a court case may use at trial.

- DNA evidence is evidence that constitutes the totality

of the DNA profiles, results, and other genetic
information directly generated from DNA testing of
biological samples.