LECTURE ON EVIDENCE

ATTY. EVANGELINE D.
ALCANTARA - CABINTA, CPA
 RULE 128

• Sec. 1- Evidence defined

• Evidence is the means,

sanctioned by these rules, of
ascertaining in a judicial
proceeding the truth respecting a
matter of fact.
• Evidence is any species of proof, or
probative matter, legally presented at the
trial of an issue, by the act of the parties or
through the medium of witnesses, records,
documents, exhibits, concrete objects,etc.
for the purpose of inducing belief in the
minds of the court as to their contention.
 Principal Source

• Rules 128 - 134 of the Revised

Rules on Evidence

• Power to prescribe rules of

evidence is vested in
CONGRESS
 Purpose on the Law of Evidence

1. Prescribes the manner of presenting

evidence
2. Fixes the qualifications and the
privileges of witness, and the mode of
examining them
3. Determines what classes of things
shall not be received.
 Rules of Probative Policy
1. Exclusionary Rules - excludes certain
evidence on grounds of policy and
relevancy

2. Preferential Rules - one kind o

evidence is preferred to another that
they are trusthworthy

3. Analytical Rules - subject certain kind

of evidence to rigid scrutiny
 Proof vs. Evidence

Proof is the product of

evidence.

Evidence is the medium of

proof.
 Factum probandum vs.
factum probans

Factum probandum is the fact or proposition to

be established, while factum probans is the fact
or material evidencing the fact or proposition to
be established.
 Illustration

• In civil cases, the factum probandum is the

elements of the cause of action which are
denied by the defendant.

• In criminal cases the factum probandum

refers to matters which the prosecution must
prove beyond reasonable doubt in order to
justify the conviction.
 Illustration

• In a suit involving damage to property caused

by the negligence of the defendant, the
factum probandum is the negligence of the
defendant that caused damage to the
property of the plaintiff. The factum probans
are the evidences, whether it be object,
testimonial, documentary, to prove the
negligence of the defendant.
 Kinds / Classification of Evidence
Clasnce
Direct Circumstantial

• It is that evidence
• It proves a fact
which indirectly
without the need
proves a fact in
to make an
issue through an
inference from
inference which
another fact.
the fact finder
draws from the
evidence
established .
 Kinds / Classification of Evidence
Classification of Evidence
Cumulative Corroborative

• It is one which is
• It refers to
supplementary to that
evidence of the already given tending
same kind and to strengthen or
character as that confirm it. It is
already given additional evidence of
different character.
which tend to
prove the same
proposition.
 Kinds / Classification of Evidence
Classification of Evidence
Primary Secondary

• That which affords • That which is

the greatest necessarily
inferior to primary
certainty of the evidence and
fact in question shows on its face
that better
evidence exists
 Kinds / Classification of Evidence
Classification of Evidence
Positive Negative

• Evidence is said to • It is negative

be positive when a when the witness
witness affirms in states that an
the stand that a event did not
certain state of facts occur or that state
does exist or a of facts alleged to
certain event
happened. exist did not exist.
 Kinds / Classification of Evidence
Classification of Evidence
Prima Facie Conclusive

• That which • That which is

suffices for the incontrovertible;
proof of a evidence that
particular fact, when received,
until contradicted the law does not
and overcome by allow to be
other evidence contradicted
 Weight of positive and negative
evidence
• The defense of denial is viewed with disfavor
for being inherently weak. It cannot prevail
over the positive and credible testimony of
prosecution witnesses (People vs. Reyes,
GR No. 194606, Feb. 18, 2015)
• Greater weight is given to positive
identification of the accused by the
prosecution witnesses than the accused’s
denial (People vs. Solina, January 13,
2016)
 Kinds / Classification of Evidence
Classification of Evidence
Real / Object Documentary

• That which is • That which consists of

addressed to the writings or any
sense of the tribunal, material containing
as where objects letters, words,
are presented for numbers, figures,
the inspection of the symbols, or other
court written expressions
offered as proof of
their contents
 Kinds / Classification of Evidence
Classification of Evidence
Testimonial Expert

• That which is • That the testimony

submitted to the of one possessing
Court through the in regard to a
testimony or particular subject
deposition of a or knowledge not
witness usually acquired
by other persons
 Admissibility vs. Weight of Evidence
Classification of Evidence
Admissibility Weight

• Pertains to the • Pertains to the

ability of the effect of the
evidence to be evidence admitted
allowed and
accepted subject
to relevancy and
competence
 Scope and Applicability

• Rule 128 Sec. 2

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.
 Illustration

• The rules on evidence do not apply to election

cases, land registration, naturalization, and
insolvency proceedings, and other cases not
herein provided for, except by analogy or in a
suppletory character and whenever
practicable and convenient.
 Illustration

• Sugar Regulatory Administration vs.

Tormon, G.R. No. 195640, December 4,
2012
• The general rule is that administrative
agencies are not bound by the technical rules
on evidence. It can accept documents which
cannot be admitted in a judicial proceeding
where the Rules of Court are strictly observed.
It can choose to give weight or disregard such
evidence, depending on its trustworthiness.
 Illustration

• The technical rules of evidence are not binding

on labor tirbunals (Manalo vs. TNS Phil. G.R.
No. 208567, November 26, 2014). Thus,
written statements of certain employees can
be admitted even if they were cross-examined.
The rules of evidence are not strictly observed
in proceedings before the NLRC which are
summary in nature and decisions may be
made on the basis of position papers (Castillo
vs. Prudentialife Plans, Inc., GR No. 196142,
March 26, 2014)
 Evidence in Civil and Criminal
Cases
CIVIL Criminal

• The burden of proof is • The burden of proof is proof

preponderance of beyond reasonable doubt.
evidence. • Offer of compromise, as a
general rule is an implied
• Offer of compromise is admission of guilt.
not an admission of • Presumption of innocence
liability. does apply.
• The concept of • Prosecution is not allowed
presumption of to prove the bad moral
innocence does not character of the accused
apply. even if pertinent to the issue,
unless in rebuttal (Sec.
• Evidence of character is 50(a), Rule 130).
admissible if the issue of
character is involved
(Sec. 51(b), Rule 130).
 Admissibility of Evidence

• Rule 128 Section 3

• Evidence is admissible when it is

relevant to the issue and is not
excluded by the Constitution,
law or these rules.
Admissibility involves two
questions:

Relevancy

Competency
 Relevancy
• It is the relationship of evidence to the
fact in issue. If the evidence will tend to
prove the fact in issue, then the evidence
is relevant. If there is no connection at all,
then the evidence is not relevant.
 Illustration

• In a prosecution for homicide, the witness

swears that the accused killed the victim
because his boyfriend told him. The
testimony although relevant, is not admissible
because the witness was not testifying based
on his personal knowledge of the event.
 Competency
• It is one that is not excluded by the
Constitution, law or rules.

• If the test of relevancy is logic and

common sense, the test of
competency is the law or rules.
 Kinds of Admissibility

• Multiple Admissibility – Evidence which

is admissible for two or more purposes.

• Example: Declaration of dying person

Declaration
Dying
Res gestae against
declaration
interest
 Kinds of Admissibility

• Conditional admissibility – Sometimes

the relevance of an evidence is not
readily apparent at the time it is offered,
but the relevance of which may be seen
when connected to other pieces of
evidence not yet offered. In which case,
such evidence may be admitted
conditionally.
 Kinds of Admissibility

• The doctrine of curative admissibility allows

a party to introduce otherwise inadmissible
evidence to answer the opposing party’s
previous introduction of inadmissible
evidence. Thus, a party who first introduces
either irrelevant or incompetent evidence into
the trial cannot complain of the subsequent
admission of similar evidence from the
adverse party relating to the same subject
matter
 Example

• In a collection suit filed by A against B, A

introduced evidence that B borrowed money
from C, D and E, but did not pay. B objects
on the ground that it is immaterial and
constitute character assassination.
Nevertheless, the Court allowed.
• B, can introduce evidence that he already
paid his debt to C, D and E.
 Classification of Evidence
COMPETENT WITNESS COMPETENT EVIDENCE

• Refers to the • Not excluded by

testimony of a the Constitution,
qualified witness law or rules
 Relevancy: Collateral Matters
• Rule 128 Sec. 4

• 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

• A matter is collateral when it is on a “parallel

or diverging line,” merely “additional” or
“auxiliary.”
 Relevancy: Collateral Matters

• Collateral matters are not direct evidence. It

is just additional or auxiliary evidence to the
fact in issue. It could not directly prove the
fact in issue.