EVIDENCE:
A. GENERAL PRINCIPLES:
1. CONCEPT OF EVIDENCE:
Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding
the truth respecting a matter of fact
NOTA BENE:
(1.) Not every fact having a conceivable connection to the issue of the case may be considered as
evidence. The same must be sanctioned or allowed by the Rules of Court.
Therefore, it is not considered as evidence if it is not allowed by the Rules of Court.
(2.) The purpose of evidence under the Rules of Court is to ascertain the truth repspecting a
matter of fact in a JUDICIAL PROCEEDING.
(3.) The findings of the court would depend upon the evidence presented based on the accepted
rules for its admissibility. In relation, the court, as a rule, is not authorized to consider evidence
which are not formally offered.
2. SCOPE AND APPLICABILITY OF THE RULES OF EVIDENCE:
The rules of evidence shall be the same in all court and in all trials and hearings except as
otherwises provided under the law or the rules.
NOTA BENE:
(1.) Non applicability of the rules in certain proceedings:
Election cases
Land Registration Cases
Cadastral Proceedings
Naturalization Proceedings
Insolvency Proceeding
Other cases not provided
Except: By analogy, in suppletory character or whenever practicable and convenient
(2.) Application of the Rules on Electronic Evidence:
Rules on Electronic Evidence:
Apply to ALL CIVIL CASES AND PROCEEDINGS, including quasi-judicial and
administrative cases.
Does NOT apply to criminal actions
(3.) Evidence in Criminal Cases vs. Evidence in Civil Cases:
Evidence in criminal cases:
Requires proof beyond reasonable doubt
Offer of compromise is considered as an implied admission of guilt except in cases allowed by
law to be compromised or in quasi offenses
There is a presumption of innocence
Evidence in civil cases:
Requires preponderance of evidence
Offer of compromise is not an implied admission of guilt
There is no presumption for or against any party except in certain cases such as the presumption
of negligence
3. DISTINGUISH PROOF AND EVIDENCE:
Proof: It is the result or effect of evidence
Evidence: It is the medium of proof
4. DISTINGUISH FACTUM PROBANDUM AND FACTUM PROBANS:
Factum Probandum: The fact to be proved. The fact in issue and to which the evidence is
directed
Factum Probans: The evidentiary fact tending to prove the fact in issue
NOTA BENE:
(1.) Matters of judicial notice, judicial admissions, conclusive presumptions does not constitute
as Factum Probandum: Such matters need not be proven or established.
(2.) Factum Probandum; in civil case and criminal case:
In civil case: The factum probandum:
Plaintiff: The elements of the cause of action
Defendant: The elements of his defense
In criminal case:
The prosectuion must prove all the matters necessary to convict the accused beyond reasonable
doubt
5. ADMISSIBILITY OF EVIDENCE:
A . REQUISITES FOR THE ADMISSIBILITY OF EVIDENCE; EXCLUSIONS UNDER THE
CONSTITUTION, LAWS AND THE RULES OF COURT:
(i) Elements for the admissibility of evidence:
Evidence is admissible when:
It is relevant to the issue (Relevance)
Not excluded by the Constitution, law or by the rules (Competence)
(ii) Axioms of admissibility:
Axiom of relevance: Facts having rational probative value are admissible
Axiom of competence: Facts having rational probative value are admissible UNLESS SOME
SPECIFIC RULE FORBIDS THEM
B. RELEVANCE OF EVIDENCE; COLLATERAL MATTERS; COMPETENCE OF
EVIDENCE:
(i) Evidence, to be relevant, must have such a relation to the fact in issue to induce belief as to its
existence or non existence.
There must be a rational relationship between the evidence and the fact to be proved.
NOTA BENE:
(1.) The test to determine whether the evidence is relevant rests at the discretion of the court.
(ii) Collateral Matters:
Gen. Rule: Evidence on collateral matters are not allowed
Exception: When it tends in any reasonable degree to establish the probability or improbability
of the fact in issue
Example: The evidence of character is generally inadmissible but the accused ay prove his good
moral character when it is pertinent to the moral trait involved in the offense charged.
(iii) Competence of evidence:
Evidence is competent when it is NOT EXCLUDED by the Constitution, laws or the rules
NOTA BENE:
(1.) Test of competence: The law or rules. If the evidence is allowed by the Constitution, law or
rules, it is competent.
(2.) If the evidence offered is objectionable on the ground that it is incompetent, an objection
made on such ground is not an accepted form of objection, it being a general objection. The
objection must be specific.
(3.) Admissibility of evidence vs. Probative value of evidence:
Admissibility of evidence: Refers to the question on whether the evidence should be admitted at
all. It depends on its relevance and competence.
Probative value of evidence: Refers to the question whether the evidence proves the issue.
C. MULTIPLE ADMISSIBILITY:
When an evidence is offered for two or more purposes, such evidence shall be admitted for any
and all purposes provided that it has satisified all the requirements by law for its admissibility.
Ex: The dying declaration of a dying person may be offered as a dying declaration or part of
gestae.
D. CONDITIONAL ADMISSIBILITY:
When the relevance of an evidence is not apparent at the time of its offer but the relevance of
such evidence will be readily seen at the time it is connected to other pieces of evidence not yet
offered, the proponent of the evidence may ask the court to conditionally admit such evidence for
the meantime subject to the condition that he will establish its relevancy and competency at a
later time.
If the evidence conditionally admitted failed to show any connection with the fact in issue, the
adverse party may, upon motion, ask the court to strike out from the record the evidence that was
previously conditionally admitted.
E. CURATIVE ADMISSIBILITY:
It allows a perty to introduce an inadmissible evidence to answer for the adverse party's previous
introduction of an inadmissible evidence to remove any prejudice caused by the admission of the
earlier inadmissible evidence.
Curative admissibility should not be made to apply where the evidence was admitted without
objection because failure to object constitutes as a waiver of the inadmissibility of the evidence.
However, if the objection was incorrectly overruled, the court must allow the party to introduce
evidence to contradict the evidence improperly admitted to cure the prejudice caused to such
party against whom the offered evidence was erroneously admitted.
F. DIRECT AND CIRCUMSTANTIAL EVIDENCE:
(i) Direct Evidence:
It proves a fact without the need of making an inference from other facts
(ii) Circumstanial Evidence:
A fact is established from a previously established fact
NOTA BENE:
(1.) Conviction by circumstantial evidence:
Requisites for conviction:
There is more than one circumstance
That the fact from which the inferences are derived are proven
That the combination of all the circumstances would produce a conviction beyond reasonable
doubt
(2.) To support a conviction, the circustances must establish the guilt of the accused beyond
reasonable doubt
(3. ) In case that the circumstances are capable of two interpretations, one consistent with the
guilt of the accused and the other with hi
s guilt, the accused must be acquitted since the evidence failed to establish the guilt of the
accused beyond reasonable doubt.
G. POSITIVE AND NEGATIVE EVIDENCE:
(i) Positive Evidence:
When a witness affirms in the witness stand that a certain state of facts exists or that certain
event happens.
(ii) Negative Evidence:
When a witness states that a certain event did not occur or a certain state of facts did not actually
exist.
NOTA BENE:
(1.) Positive Evidence is more credible than a negative evidence
(2.) Denial is considered as a negative evidence and if not substantiated by evidence, cannot
prevail over the testimony of a credible witness who testified on affirmative matters.
H. ADMISSIBLE AND CREDIBLE EVIDENCE:
(i) Evidence is admissible when it is relevant to the issue and not excuded by the Constitution,
law or the rules.
NOTA BENE:
(1.) Admissibility means that the evidence is of such character that the court, pursuant to the
rules on evidence, is bound to accept it or to allow it to be introduced at the trial.
(2.) Evidence obtained in violation of the Anti Wiretapping law is inadmissible in judicial, quasi
judicial, administrative or legislative hearing or investigation
RA 4200 prohibits the recording, interception or overhearing of private communications without
the authority of the parties to such private communications
(3.) In impeachment proceedings, the same being sui generis, not being a judicial, quasi judicial,
administrative or legislative hearing or investigation, recordings illegally procured are
admissible. Not being included as that provided under RA 4200
(4.) Inadmissibility of evidence in connection with arrests, searches and seizures:
The evidence obtained in violation of the rules on warrantless arrests are inadmissible.
When the arrest is invalid, the subsequent search and seizure is also invalid. Warrantless search
is justified if it is incidental to a lawful arrest.
(ii) Credibility of evidence:
The evidence must proceed not only from a credible source but must also be credible in itself
