Rule 128: General Provisions on Evidence Section 2: Scope

Section 1: Evidence Defined "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."
"Evidence is the means, sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact." Breaking it Down:

Breaking it Down:  Uniformity in the Rules – Generally, the same rules on evidence apply in
all courts, whether it is the Supreme Court, Court of Appeals, regional trial
 Evidence is a tool for finding the truth – In any legal dispute, the goal is to
courts, municipal courts, or even quasi-judicial bodies (like administrative
determine what really happened. Evidence is what courts use to establish
agencies).
the truth.
 Exceptions Exist – There are instances where different rules apply. Some
 Evidence must be legally recognized ("sanctioned by these rules") – Not
laws or legal provisions alloxw exceptions in certain types of cases. For
everything can be used as evidence. Only those types of evidence that
example:
meet the rules set by law can be admitted.
o Small Claims Cases – The strict rules of evidence are relaxed.
 It is used in judicial proceedings – This means evidence is used in court
cases, hearings, and trials, whether civil or criminal. o Administrative Hearings – Government agencies handling labor
cases, immigration cases, or environmental disputes may apply
 It helps prove or disprove facts – Facts in legal cases need to be supported
different evidentiary rules.
by proof. For example, in a theft case, a CCTV recording showing the
accused taking an item from a store is evidence that supports the claim. o Family Court Cases – Sometimes, rules on evidence are adjusted
to protect the best interests of children.
Example:
Example:
If a person claims that their car was stolen on January 1, 2024, they need evidence
such as: In a small claims case (e.g., unpaid debts below ₱400,000 in the Philippines), strict
evidence rules like requiring formal authentication of documents may not be
 A police report of the stolen vehicle.
necessary. However, in a criminal case like murder, the rules on evidence must be
 CCTV footage of the incident. strictly followed to ensure a fair trial.

 Witness testimony from someone who saw the theft.

Without evidence, the court cannot confirm that the theft really happened. Section 3: Admissibility of Evidence

"Evidence is admissible when it is relevant to the issue and is not excluded by the
law of these rules."

Breaking it Down:

 Two Tests for Admissibility:

1. Relevance – The evidence must be directly related to the issue

being decided.
 2. Not Excluded by Law – Even if relevant, the evidence must not Section 4: Relevancy and Collateral Matters
violate any legal rules.
"Evidence must have such a relation to the fact in issue as to induce belief in its
Relevance Explained: existence or non-existence. Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to establish the probability or
 Evidence must help establish the truth about a fact in question.
improbability of the fact in issue."
 If evidence does not contribute to proving or disproving the issue, it is not
Breaking it Down:
admissible.
 Evidence must directly relate to the fact being proved. If evidence does
Example of Relevant Evidence:
not help confirm or deny the main issue in the case, it is not admissible.
 In a robbery case, a fingerprint found at the crime scene is relevant
 Collateral matters are generally not allowed. These are side issues that do
because it helps identify the suspect.
not directly affect the outcome of the case.
 A witness who saw the accused running away from the crime scene is
 Exception: If a collateral matter helps prove the main fact, it may be
providing relevant evidence.
allowed.
Example of Irrelevant Evidence:
Examples of Relevant vs. Collateral Evidence:
 If a lawyer presents evidence that the accused failed a subject in college,
 Relevant Evidence:
this is irrelevant to the robbery case and should not be admitted.
o A murder weapon with the fingerprints of the accused is relevant
Evidence Excluded by Law:
in a homicide case.
Even if relevant, some evidence is not allowed because it violates legal principles.
o A signed contract is relevant in a breach of contract case.
Examples:
 Collateral (Irrelevant) Evidence:
 Illegally Obtained Evidence (Exclusionary Rule) – If evidence was obtained
through illegal search and seizure (without a warrant), it cannot be used in o If a person is accused of fraud, showing that they were once
court. caught cheating in an exam is not relevant to proving fraud.

 Hearsay Evidence – Statements made outside the court by a person who is o In a theft case, the fact that the accused has unpaid debts may
not testifying are generally not admissible unless they fall under exceptions seem suspicious but is collateral and should not be admitted.
(e.g., dying declarations).
 When Collateral Evidence May Be Allowed:
 Privileged Communication – Some information cannot be used as
o If the accused in a fraud case has previous fraud convictions, this
evidence, such as:
may be admitted to establish a pattern of fraudulent behavior (if
o Lawyer-client communications. allowed by law).

o Doctor-patient confidential information. o If a witness in a murder trial claims to have seen the accused at the
crime scene, and the defense proves that the witness has a history
o Husband-wife private conversations.
of lying in court, this collateral matter may be allowed to challenge
the witness’s credibility.
Summary of Rule 128 SECTION 1
Section Key Concept Example Basic Principles of Evidence in Simple Terms

Section 1: Evidence is anything legally What is "Evidence"?

Definition of allowed to prove or disprove a A CCTV recording of a crime.
 Evidence is the information or proof allowed by the law that helps a court
Evidence fact in court.
determine the truth about a fact in a case.
The same rules of evidence
Small claims courts allow  Not all information can be considered evidence—only those that follow
Section 2: Scope apply to all courts unless special
relaxed evidence rules. the rules set by the law.
rules exist.
Not All Information is Evidence
A witness testimony about
Section 3:
Evidence must be relevant and the crime (relevant) vs. a  Just because something might prove a fact doesn't mean it's automatically
Admissibility of
not prohibited by law. defendant’s school grades evidence.
Evidence
(irrelevant).
 The law has rules about what kind of evidence can be used in court. If a
Only relevant evidence is piece of information is not allowed by these rules, it cannot be considered
Section 4: Prior bad acts are usually evidence, even if it proves something true.
allowed, but collateral matters
Relevancy and irrelevant unless they prove a
may be admitted if they help  Examples of information that cannot be used as evidence:
Collateral Matters pattern.
prove the main issue.
o Hearsay (statements made by someone who is not testifying in
court)
Why is Rule 128 Important? o Forced confessions (statements made under pressure or threats)
1. Ensures Fair Trials – Prevents courts from considering unreliable or o Evidence obtained illegally (e.g., if police gathered evidence by
irrelevant information. violating someone’s rights)
2. Prevents Distractions – Keeps the focus on facts that directly affect the Evidence is a Tool, Not the Final Truth
case.
 The purpose of evidence is not to guarantee the absolute truth but to
3. Protects Rights – Ensures evidence is obtained legally and fairly. help courts reach a decision based on facts presented in a case.
4. Maintains Judicial Efficiency – Avoids wasting time on unnecessary  Courts work with judicial truth or legal truth, which is based on admissible
information. evidence (evidence that follows the rules).
By applying Rule 128, courts make sure that only useful, reliable, and legally  This means that:
obtained evidence is used to decide cases fairly.
o A court can only decide based on the evidence officially presented.
4o
o If strong evidence is not properly submitted, the court cannot
consider it, even if it would prove someone’s innocence.
 o On the other hand, if the available evidence wrongly points to an Why is Uniformity Important?
innocent person, the court may convict that person based on what
 Prevents unfair treatment across different courts.
is legally presented.
 Ensures that legal decisions are predictable.
Example of Judicial vs. Actual Truth
 Maintains stability in the justice system.
Imagine a case where Mr. X actually shot Mr. Y, but:
However, this uniformity applies only to judicial proceedings—not to all legal
 The only evidence presented in court suggests that Mr. Z did it.
matters.
 The court must decide based on the legal truth, which, in this case, is that
Mr. Z is guilty, even if the actual truth is different.
2. Rules on Evidence Apply Only to Judicial Cases
Key Takeaway
 The Rules of Court (which include evidence rules) apply only in court
 Courts rely on evidence to determine the truth.
cases.
 Only evidence that follows legal rules can be considered.
 They do NOT apply to certain special proceedings such as:
 The decision of the court is based on what is presented and admitted as
o Election cases (e.g., disputes over election results)
evidence, not necessarily what actually happened in real life.
o Land registration cases (e.g., ownership disputes)

o Cadastral cases (e.g., determining land boundaries)

SECTION 2
o Naturalization cases (e.g., applying for Philippine citizenship)
Scope and Applicability of the Rules on Evidence (Expanded Explanation)
o Insolvency proceedings (e.g., cases related to financial
The rules on evidence determine what information can be presented and bankruptcy)
considered in legal proceedings. However, these rules do not apply uniformly in all
types of cases. Below is a detailed breakdown of how the rules function in  However, in some cases, courts may still apply the rules "by analogy or in
different settings. a supplementary way" if it is practical to do so.

Why Don’t the Rules Apply to These Cases?

1. Uniformity of Evidence Rules in Courts  These are not criminal or civil cases, so they do not require the same level
of strictness in proving facts.
 The rules on evidence are meant to be the same in all courts and in all
judicial hearings.  Proceedings like land registration or naturalization involve verifying
documents rather than determining guilt or liability.
 This ensures fairness and consistency, meaning that no matter which court
hears a case, the same standards apply when accepting or rejecting
evidence.

 Example: Whether a case is heard in Manila or Cebu, the same rules on 3. Administrative Agencies Follow Their Own Evidence Rules
what makes evidence admissible will apply.
  Administrative agencies (government bodies handling specialized issues)  The Supreme Court upheld the CSC’s decision, stating that formal court
are not required to follow the strict rules of evidence that courts follow. procedures do not apply in administrative investigations.

 This means they can accept evidence that a court might reject.

Example: Labor Cases and Regulatory Agencies 5. Naturalization Cases Do Not Follow Strict Evidence Rules

 In labor disputes, written statements from employees can be accepted  In cases where a foreigner applies for Philippine citizenship, evidence
even if the employees are not present to testify. rules do not fully apply.

 In government regulatory cases, agencies can consider reports, letters,  A court can consider documents that were not formally presented at trial.
and even informal documents.
Case Example: Ong Chia v. Republic (1990)
Case Example: Sugar Regulatory Administration v. Tormon (2012)
 The trial court granted citizenship to a foreign applicant.
 A government regulatory body reviewed documents that would not have
 On appeal, the Court of Appeals used additional documents (not formally
been admissible in a formal court trial.
presented in the trial court) to deny citizenship.
 The Supreme Court ruled that government agencies have the discretion to
 The Supreme Court ruled that formal offer of evidence is NOT required in
evaluate documents as long as they are trustworthy.
naturalization cases, as long as the documents help in deciding the case.
Why Are Administrative Agencies Given More Flexibility?

 Many administrative cases do not require complex legal analysis.

6. Labor Cases Allow New Evidence on Appeal
 Agencies need to act quickly and cannot afford long court-like trials.
 In regular courts, new evidence cannot be submitted on appeal.
 Their focus is often on efficiency rather than strict legal procedures.
 However, in labor cases, evidence can still be accepted during an appeal.

Case Example: Sasan v. NLRC (2008)

4. Civil Service Commission (CSC) Can Accept Informal Evidence
 An employer submitted new documents at the appeal stage in a labor
 The CSC, which oversees government employees, does not follow strict case.
court rules.
 The National Labor Relations Commission (NLRC) considered these new
 It can accept documents that are not formally authenticated as long as: documents and modified the earlier decision.

o No one disputes their authenticity.  The Supreme Court upheld this, stating that technical rules of evidence do
not apply in labor cases.
o The documents are reliable.
Why Can New Evidence Be Submitted in Labor Cases?
Case Example: Civil Service Commission v. Colanggo (2008)
 Labor disputes must be resolved quickly, so rules are more relaxed.
 A government employee was charged with misconduct.
 The goal is fairness rather than strict legal technicalities.
 The CSC used documents against the employee, even though they were
not officially authenticated.
  Allowing new evidence helps ensure both employers and employees are  A labor union claimed workers had rights not stated in their contract.
heard.
 The company argued that only the contract should be considered.

 The Supreme Court ruled that labor tribunals can consider evidence
7. Photocopies Can Be Used as Evidence in Labor Cases beyond the written agreement, especially if it protects workers' rights.

 Regular courts require original documents unless an exception applies.

 However, labor tribunals allow photocopies. Key Takeaways

Case Example: Sasan v. NLRC (2008) 1. Courts must follow strict rules on evidence, but other bodies (like labor
tribunals and administrative agencies) have more flexibility.
 The Supreme Court ruled that even photocopies of evidence can be
accepted in labor disputes. 2. Some cases, like land registration or naturalization, do not fully follow
court rules.
 The reason? Labor cases do not require strict technicalities.
3. Labor cases allow new evidence on appeal and even accept photocopies.

4. Administrative bodies can accept hearsay evidence and informal

8. Administrative Tribunals Can Accept Hearsay Evidence
documents if they help in decision-making.
 In regular courts, hearsay (statements made outside court) is usually not
5. The main goal in labor and administrative cases is fairness, not strict legal
allowed.
technicalities.
 However, administrative bodies can accept affidavits (written statements)
Final Thought
even if the person who wrote them is not present.
The rules on evidence are strict in courts but flexible outside judicial proceedings
Case Example: Bantolino v. Coca-Cola Bottlers (2003)
to ensure fairness and efficiency in resolving disputes.
 Employees submitted written affidavits against their employer.

 The employer argued that these affidavits were hearsay.

When Evidence is Required and When It Is Not (Simplified Explanation)
 The Supreme Court ruled that labor tribunals can accept affidavits
1. General Rule: Allegations Are Not Evidence
without requiring the person to testify in person.
 Just saying something is true does not make it true in court. A person
must present actual evidence to prove their claim.
9. Parol Evidence Rule Does Not Fully Apply in Labor Cases  Example: If someone accuses their boss of illegal firing, they must show
 The parol evidence rule states that written agreements (like contracts) documents, witness statements, or contracts to prove it. Simply claiming
cannot be changed by spoken statements. they were unfairly dismissed is not enough.

 However, labor tribunals can still accept verbal explanations if they help Example Case: Agdeppa v. Office of the Ombudsman (2014)
determine the truth.  A person accused another of wrongdoing based on suspicion alone.
Case Example: Cirtek Employees Labor Union v. Cirtek Electronics (2011)
  The court ruled that mere allegations without proof cannot be considered  Judicial Notice: The court can accept well-known facts without requiring
evidence. proof.

o Example: The court does not need evidence to prove that the
Philippines has a tropical climate.
2. When Evidence is Not Required
 Judicial Admissions: If a party admits something in court, it is
In some situations, evidence does not need to be presented because the law, the
automatically accepted as true.
parties, or the court already accept certain facts as true.
o Example: If a defendant admits to borrowing money, the plaintiff
(a) No Evidence Needed When There Is No Factual Issue
doesn’t need to present loan documents.
 If a case only involves legal interpretation, no evidence is needed.

 Courts resolve questions of fact by looking at evidence but questions of

(d) When the Law Automatically Presumes a Fact
law by simply applying legal rules.
 Some laws already assume certain facts to be true, so no extra evidence
Example:
is needed.
 If two companies argue over the meaning of a law, the court does not
Example: Passenger Injury Cases (Common Carriers)
need witnesses or documents—it just needs to interpret the law.
 If a passenger gets injured in a bus accident, the law automatically
presumes the bus company is at fault.
(b) When Parties Agree on the Facts
 The injured passenger does not need to prove negligence—the company
 If both parties in a case agree on the facts, there is no need to present must prove they were not negligent.
evidence.
 Legal Basis: Article 1756 of the Civil Code.
 They can submit a written agreement stating what they both accept as
Example: Presumption of Innocence in Criminal Cases
true.
 In a criminal trial, the accused does not have to prove their innocence.
 The court will then decide the case based on the agreed facts.
 The burden is on the prosecution to prove guilt beyond a reasonable
Example:
doubt.
 In a contract dispute, if both parties agree that a payment was made late,
 If the evidence is weak or unclear, the accused must be acquitted.
they don’t need to present a bank statement or testimony. The court will
just determine the legal consequences of late payment. Example Case: People v. Baraoil (2012)

 The court ruled that the prosecution must prove guilt—the accused is
automatically presumed innocent unless strong evidence proves
otherwise.

(c) Judicial Notice and Judicial Admissions

(e) Legal Presumptions (Conclusive and Disputable)
The law creates two types of presumptions, which can remove the need for  Courts require evidence when facts are in dispute.
evidence in some cases:
 However, in many situations—such as legal presumptions, party
1. Conclusive Presumption (Cannot Be Challenged) agreements, or well-known facts—courts can decide cases without
requiring additional proof.
 A tenant cannot deny their landlord’s ownership of a property while still
renting from them.

 This rule prevents tenants from staying in a place and then later claiming Application of the Rules on Electronic Evidence & Differences Between Civil and
the landlord does not own it. Criminal Cases (Explained Simply)

Example: I. Application of the Rules on Electronic Evidence

 If a person rents an apartment, they cannot later argue in court that the Electronic evidence (such as emails, text messages, and videos) is treated
landlord does not own the apartment. differently from traditional evidence. The Rules on Electronic Evidence apply in
more situations than regular evidence rules.
2. Disputable Presumption (Can Be Challenged with Evidence)

 Example: Government officials are presumed to do their jobs properly.

1. Where Do the Rules on Electronic Evidence Apply?
o If someone claims an official acted illegally, they must prove it—
the official does not need to prove they acted properly.  The Rules of Court apply only to judicial (court) cases.

o Legal Basis: Rule 131 of the Rules of Court.  However, the Rules on Electronic Evidence apply to civil cases, quasi-
judicial cases, and administrative cases.

What does this mean?

Key Takeaways
 Civil cases – Disputes between individuals (e.g., contract issues, property
1. A mere claim is not enough—evidence is needed to prove a fact.
disputes).
2. If there is no factual issue, no evidence is required (e.g., purely legal
 Quasi-judicial cases – Cases handled by agencies (e.g., labor disputes,
questions).
regulatory decisions).
3. When parties agree on facts, no evidence is needed.
 Administrative cases – Cases involving government agencies (e.g.,
4. Judicial notice and admissions make evidence unnecessary for certain employee misconduct cases).
facts.
Example:
5. The law sometimes presumes facts to be true, shifting the burden to the
 If a company fires an employee unfairly, the employee may file a case in
other party.
the National Labor Relations Commission (NLRC).
6. Some legal presumptions cannot be challenged (conclusive), while others
 If the employee presents emails or text messages as proof, the Rules on
can (disputable).
Electronic Evidence will apply.
Conclusion
2. Do the Rules on Electronic Evidence Apply to Criminal Cases?  In criminal cases, the prosecution must prove guilt beyond reasonable
doubt.
 Initially, these rules did NOT apply to criminal cases (Ang v. Court of
Appeals, 2010). Example:

 Later, the Supreme Court changed this rule and allowed electronic  In a car accident lawsuit, the victim just needs to prove the driver was
evidence in criminal cases (People v. Enojas, 2014). probably negligent.

 This means text messages, call logs, and emails can now be used as  In a criminal trial for theft, the prosecution must prove beyond a
evidence in criminal trials. reasonable doubt that the accused stole something.

Example:

 In a murder case, if the suspect sent threatening text messages before the 2. Compromise Offers
crime, the court can now accept those texts as evidence.
 In civil cases, if one party offers to settle, that cannot be used as proof
that they were at fault.

3. What Are Ephemeral Communications?  In criminal cases, if the accused offers to settle, that can be used as an
implied admission of guilt (except for minor offenses).
 Ephemeral communications are temporary and not automatically
recorded (e.g., text messages, chatroom sessions, phone calls). Example:

 These can now be used as evidence, but certain conditions must be met.  In a personal injury lawsuit, a driver offers to pay medical bills to settle
the case.
Example:
o This cannot be used as proof that they admitted fault.
 A person admits to a crime over a phone call.
 In a criminal hit-and-run case, if the accused offers money to the victim’s
 If the call was recorded legally, it can be used in court.
family, this can be used as evidence of guilt.
 If it was recorded illegally, it cannot be used.

3. Presumption of Innocence
II. Key Differences Between Civil and Criminal Evidence Rules
 In civil cases, the court does not assume one party is right or wrong.
Although the Rules of Court say that evidence rules apply uniformly, there are
 In criminal cases, the accused is always presumed innocent until proven
important differences in how evidence is handled in civil and criminal cases.
guilty.

Example:
1. Burden of Proof
 In a contract dispute, both parties are treated equally in court.
 In civil cases, the plaintiff (the person suing) only needs to prove their
 In a criminal trial, the accused does not need to prove their innocence—
claim is more likely true than not (preponderance of evidence).
the prosecution must prove their guilt.
  If a businessman dies, a person cannot sue the estate using the deceased’s
alleged oral statements.
4. Confessions vs. Admissions

 In civil cases, a party’s statement is called an admission.

7. Doctor-Patient Confidentiality
 In criminal cases, an accused person’s statement admitting guilt is called a
confession.  Only applies in civil cases.

Example:  In criminal cases, a doctor can testify about a patient’s statements or

medical condition.
 In a contract dispute, if one party admits in an email that they did not
deliver the goods, that is an admission. Example:

 In a criminal case, if someone admits to murder during interrogation, that  In a medical malpractice lawsuit, a doctor cannot reveal a patient’s
is a confession. private medical history.

 In a rape case, a doctor can testify about the victim’s medical examination.

5. Evidence of Moral Character

 In civil cases, a person’s character can be used as evidence if relevant to 8. Conspiracy Rule
the case.
 Applies only to criminal cases.
 In criminal cases, the prosecution cannot use the accused’s bad moral
 If a person is part of a conspiracy, their statements or actions can be used
character as evidence, unless it is used to rebut a defense.
against co-conspirators.
Example:
Example:
 In a child custody case, the court can consider a parent’s bad character
 If two people plan a robbery and one confesses, that confession can be
(e.g., history of abuse).
used against both.
 In a theft case, the prosecution cannot argue that the accused is a "bad
person" because of past crimes—unless the accused first claims they are
an honest person. 9. Extrajudicial Confessions

 Applies only to criminal cases.

6. Death or Insanity Rule (Dead Man’s Statute)  An extrajudicial confession (a confession made outside court) must be
voluntary, recorded, and made with legal safeguards to be valid.
 Applies only to civil cases.
Example:
 If a person dies or becomes insane, their statements cannot be used
against their estate.  If a suspect confesses to police without a lawyer present, that confession
might not be valid in court.
Example:
Key Takeaways  Evidence is the actual information presented in court to prove or disprove
a fact.
1. Electronic evidence is accepted in more types of cases (civil, quasi-judicial,
administrative, and now criminal cases).  Proof is the result or effect of that evidence—it is what persuades the
judge or jury to believe something is true.
2. Burden of proof differs – Civil cases need only preponderance of
evidence, while criminal cases require proof beyond reasonable doubt. Example:

3. Compromise offers are not evidence of guilt in civil cases but can be in  If you show a CCTV video of someone stealing, the video is the evidence.
criminal cases.
 If the judge believes that the person committed theft because of the
4. The presumption of innocence only applies to criminal cases. video, that belief is the proof.

5. Confessions only apply in criminal cases; admissions apply in civil cases.

6. Bad moral character can be used as evidence in civil cases but not in 2. Evidence is the Tool, Proof is the Result
criminal cases unless the accused brings it up.
 Evidence is like the ingredients in a recipe.
7. Doctor-patient privilege applies only in civil cases.
 Proof is like the final dish after cooking.
8. Conspiracy and extrajudicial confessions apply only in criminal cases.
 You cannot have proof without evidence—just like you cannot have a dish
Final Thought without ingredients.

Civil and criminal cases have different rules on evidence because their goals are Example:
different. Civil cases resolve disputes, while criminal cases determine guilt and
 If a person claims they were at home during a crime, their phone’s GPS
protect individual rights.
data, alibi witnesses, and security camera footage could be evidence.

 If the court is convinced that the person was at home, that is proof of
Distinction between proof and evidence their innocence.

1. “Proof” is not the evidence itself. There is proof only because of evidence.
It is merely the probative effect of evidence and is the conviction or persuasion of 3. Different Types of Evidence Lead to Proof
the mind resulting from a consideration of the evidence (29 Am. Jur. 2d, Evidence,
§2). 2. Proof is the effect or result of evidence, while evi- dence is the medium of  Evidence can be documents, testimonies, videos, fingerprints, etc..
proof (Jones on Evidence, Volume I, Fourth Edition, §4, p. 5).  Proof happens when enough evidence convinces the court of the truth.

Example:

 In a car accident case:

o Photographs of the crash, witness statements, and medical

records = Evidence.

1. Evidence and Proof Are Not the Same

 o The judge being convinced that the defendant was at fault =  Example: In a breach of contract case, the factum probandum is whether
Proof. a valid contract existed and was violated.

Factum Probans: The Supporting Evidence

Key Takeaways  This refers to the facts, testimonies, or documents used as proof of the
factum probandum.
1. Evidence is the raw material; proof is the final outcome.
 It includes witnesses, documents, videos, photographs, expert opinions,
2. You need evidence to establish proof, but they are not the same thing.
etc.
3. Evidence convinces the court, and when the court is convinced, that is
 Example: In the breach of contract case, factum probans would be:
proof.
o The signed contract itself.
Final Thought
o Emails or messages confirming the agreement.
Think of evidence as building blocks—they come together to create proof, which
leads to a decision in court. o Witnesses who were present when the contract was made.

Factum Probandum vs. Factum Probans (Expanded Explanation) Thus, factum probandum is the legal conclusion, while factum probans consists of
the specific pieces of evidence that support it.
In legal proceedings, every case revolves around proving certain key facts.
However, not all facts are equally important. This is where the distinction between
factum probandum and factum probans comes in. 2. Examples of Factum Probandum and Factum Probans in Different Cases
 Factum probandum – The fact that must be proven; it is the main issue in A. Civil Case Example: Debt Collection
the case.
 Factum probandum: Does the defendant owe money and refuse to pay?
 Factum probans – The evidence that proves the factum probandum.
 Factum probans (Evidence needed to prove the claim):
In simple terms:
o A signed loan agreement proving the debt exists.
 Factum probandum = The goal (What needs to be proven).
o Bank statements showing no payment was made.
 Factum probans = The means (How it is proven).
o A demand letter sent to the defendant requesting payment.
This distinction is important in both civil and criminal cases, as it helps in
determining what needs to be proven and what evidence should be presented. If the defendant admits owing money, then the debt itself is no longer a factum
probandum. The only issue left to prove may be the amount due.

1. The Relationship Between Factum Probandum and Factum Probans

B. Criminal Case Example: Robbery
Factum Probandum: The Main Legal Issue
 Factum probandum: Did the accused commit robbery?
 This refers to the ultimate fact that a party must establish in court.
 Factum probans:
 It is the fact in issue—the one that directly affects the case's outcome.
 o Eyewitness testimony from someone who saw the accused steal. Example: Illegal Drug Sale

o Security camera footage showing the accused committing the act.  Factum probandum: Did the accused sell illegal drugs?

o The stolen items found in the possession of the accused.  Factum probans:

In this case, proving only one element (such as possession of stolen items) is not o Witness testimony from the undercover agent who bought the
enough—all elements of the crime must be proven beyond a reasonable doubt. drugs.

o Marked money used in the buy-bust operation.

C. Criminal Case Example: Illegal Possession of Firearms o Forensic analysis confirming the substance is illegal.

 Factum probandum: Did the accused illegally possess a firearm? A key element in drug cases is the presentation of the actual drugs in court. If the
prosecution fails to produce the confiscated drugs, the case will likely be
 Factum probans:
dismissed because the essential proof (factum probans) is missing.
o Testimony of police officers who found the gun.

o Forensic analysis linking the gun to the accused.

5. How the Rules Work in Practice
o Records from the Philippine National Police (PNP) proving the
1. The court looks at the factum probandum to determine what needs to be
accused had no firearm license.
proven.
Even if a gun is physically presented in court, the prosecution must also prove the
2. The party presenting the case gathers factum probans (evidence) to
accused had no permit to possess it—failure to prove this means the accused
support their claim.
cannot be convicted.
3. If the evidence is convincing enough, the court considers the factum
probandum to be established.
3. Factum Probandum Can Change Depending on Court Admissions 4. If the factum probandum is admitted or uncontested, there is no need for
 If a defendant admits guilt or responsibility, the factum probandum is no further proof.
longer disputed and does not need further proof.

 Example: In a reckless driving case, if the driver admits fault, the

6. Summary Table of Factum Probandum vs. Factum Probans in Different Cases
remaining factum probandum may only be the amount of damages owed.
Factum Probandum (Fact to Factum Probans (Evidence
Type of Case
be proven) proving the fact)
4. Factum Probandum in Criminal Cases: Proving Beyond Reasonable Doubt
Debt Collection Loan contract, bank records,
Defendant owes money
 In a criminal case, the factum probandum is what the prosecution must (Civil) demand letter
prove beyond a reasonable doubt.
CCTV footage, stolen items,
Robbery (Criminal) Accused committed robbery
 The accused does not need to prove innocence—the burden of proof is witness testimony
on the prosecution.
 Factum Probandum (Fact to Factum Probans (Evidence  Example:
Type of Case
be proven) proving the fact)
o If a person misses a deadline to submit evidence because of an
Illegal Firearms Accused possessed a gun Firearm, police testimony, PNP emergency, the court may still allow it if doing so would serve
(Criminal) without a license certification justice.

Drug Sale Witness (buyer), marked money, Case Example: Rubio v. Alabata (2014)
Accused sold illegal drugs
(Criminal) laboratory tests  The Supreme Court ruled that if following a rule strictly would cause
injustice, then a more flexible interpretation is allowed.

7. Key Takeaways

1. Factum probandum = The fact that must be proven (the main issue in the 2. Liberal Construction of the Rules on Electronic Evidence
case).  Just like regular evidence, electronic evidence (emails, text messages,
2. Factum probans = The evidence used to prove the factum probandum. etc.) should also be interpreted flexibly.

3. Factum probandum only exists if the issue is disputed—if admitted, no  Example:

need to prove it. o If a person submits a screenshot of a chat conversation, but did
4. In criminal cases, every element of the crime is a factum probandum that not strictly follow certification rules, the court may still consider
must be proven beyond a reasonable doubt. it if its authenticity is not in doubt.

5. Without the correct factum probans (evidence), the case fails because
the factum probandum is not proven. 3. There Is No Permanent Right to the Rules on Evidence

 The rules on evidence can be changed by the Supreme Court at any time.
Final Thought  People do not have a “vested right” (permanent legal protection) to a
To simplify: specific rule.

 Factum probandum is the question. Factum probans is the answer.  Example:

 The court looks at the factum probans (evidence) to determine whether o If today’s rules require that a witness must testify in person, the
the factum probandum (key fact in issue) is true. Supreme Court could change the rule to allow video testimony.

Liberal Construction of the Rules on Evidence (Explained Simply) Case Example: Ayala de Roxas v. Case (1907)

1. The Rules on Evidence Are Interpreted Flexibly, Not Rigidly  The court ruled that rules on evidence are not fixed and can be updated
by the Supreme Court.
 The Rules of Court, including the rules on evidence, should be interpreted
in a way that serves justice, not blocks it.

 Courts should not apply the rules too strictly if doing so would result in 4. Limits on Changing Evidence Rules: No Ex Post Facto Laws
unfairness.
  While rules can change, the government cannot change them unfairly Waiver of the Rules on Evidence (Explained Simply)
against an accused person in a criminal case.
1. The Rules on Evidence Can Be Waived
 An ex post facto law is a law that changes the rules after the fact to make
 A party can "waive" (give up) the right to object to evidence.
it easier to convict someone.
 If evidence that should be excluded (like hearsay) is not objected to, it
 Example:
becomes admissible.
o A person was acquitted in 2020 because the law required three
 Example:
witnesses for conviction.
o Normally, hearsay (statements made by someone not in court) is
o In 2022, the law changes so that only one witness is needed.
not allowed.
o The government cannot retry the person under the new rule
o But if a lawyer does not object, the court can consider it as valid
because that would be unfair.
evidence.
Case Example: Medina v. Wolfe (1903)
Case Example: SCC Chemicals Corporation v. Court of Appeals
 The court ruled that changing evidence rules to make it easier to convict
 The Supreme Court ruled that even hearsay evidence can be considered if
someone after they committed an act is unconstitutional.
no one objects.

Key Takeaways
2. Can the Parties Agree to Ignore the Rules on Evidence?
1. Rules on evidence should be applied flexibly to serve justice—courts
 Yes, the parties in a case can agree to waive certain evidence rules, but
should not be too strict if it causes unfairness.
only if:
2. Electronic evidence rules are also interpreted flexibly—courts may allow
o It is not against the law.
some leniency when evaluating digital documents.
o It does not harm public order or morality.
3. No one has a permanent right to a specific rule on evidence—the
Supreme Court can change these rules at any time. o It does not violate the rights of third parties.

4. However, rules cannot be changed retroactively to convict someone  Example 1: Allowed Waiver
unfairly (ex post facto laws are unconstitutional).
o Two businesses in a contract dispute agree that documents sent
by email will be accepted as evidence, even if they do not meet
formal authentication rules.
Final Thought
o This is allowed because both sides agree, and it does not break
The goal of the rules on evidence is justice, not technicalities. Courts have the
any law.
power to be flexible but cannot change the rules unfairly after the fact to punish
someone.  Example 2: Not Allowed Waiver

4o
 o In a criminal case, the accused cannot waive the rule requiring 2. The evidence must be competent → It must not be excluded by law or the
proof beyond a reasonable doubt. rules.

o The prosecution cannot force the accused to admit guilt without If either of these two elements is missing, the evidence cannot be used in court.
proper evidence.

o This is not allowed because it would violate the accused’s

1. What Does "Relevant Evidence" Mean?
constitutional rights.
 Evidence is relevant if it helps prove or disprove a fact in the case.
Legal Basis: Article 6 of the Civil Code
 It must make a fact more or less likely to be true.
 People can waive their rights, but not if it violates laws, public morals, or
harms others. Example: Relevant vs. Irrelevant Evidence

 A person is on trial for robbery.

3. Key Takeaways o Relevant evidence: CCTV footage showing the accused at the
crime scene.
1. If a party does not object to improper evidence, it becomes admissible.
o Irrelevant evidence: A photo of the accused attending a party a
2. Parties can agree to waive certain evidence rules, but only if it does not
week before the crime (doesn’t prove anything about the
violate the law, morality, or the rights of others.
robbery).
3. In criminal cases, certain rules (like proof beyond a reasonable doubt)
cannot be waived.
2. What Does "Competent Evidence" Mean?

 Even if evidence is relevant, it must also follow the rules of evidence.

Final Thought
 Some evidence is excluded (not allowed) because of legal rules.
The rules on evidence exist to ensure fairness, but if both parties agree to be
flexible, or if a party fails to object, the court can allow evidence that normally Examples of Incompetent Evidence
wouldn’t be admissible. However, there are limits—you cannot waive rules that
 Hearsay: A witness says, "My friend told me the accused confessed to the
protect fundamental rights.
crime."
4o
o Not allowed because it is second-hand information.

 Illegally obtained evidence: A private conversation was recorded without

SECTION 3 permission.

o Not allowed because it violates privacy laws.

Admissibility of Evidence (Explained Simply)
 Privileged communication: A lawyer cannot testify against their own
For evidence to be admissible in court, two requirements must be met:
client.
1. The evidence must be relevant → It must have a connection to the case.
o Not allowed because of attorney-client privilege.
 2. Is this evidence legally allowed? (Competence ✅)

3. Why Do We Need Both "Relevance" and "Competence"? If the answer to both is YES, the evidence can be used.
If either one is missing, the evidence cannot be admitted.
Even if evidence is competent, it must also be relevant to be admissible.
Illustrations of the Requisites for Admissibility (Explained Simply)
Example of Competent but Irrelevant Evidence
For evidence to be admissible, it must be:
 In a murder case, a witness wants to testify that the accused was bad at
math in high school. 1. Relevant – It must help prove or disprove something important in the case.

o This testimony is competent (it follows the rules), but it is 2. Competent – It must not be excluded by law or by the rules of evidence.
irrelevant because math skills have nothing to do with the
Even if evidence is relevant, it may still be inadmissible if it violates certain legal
murder.
rules.
o The court will reject it because it does not help prove any
Here are some real-life examples to illustrate when evidence is admissible or not:
important fact in the case.

1. Hearsay Testimony – Relevant but Not Competent (Inadmissible)

4. Simple Formula for Admissibility
Example: Homicide Case
For evidence to be used in court, it must be:
 A witness testifies:
✅ Relevant → It helps prove something important in the case.
✅ Competent → It is allowed under the law and the rules of evidence. o "The accused killed the victim! My best friend, who never lies,
told me so."
If either one is missing, the evidence cannot be used.
 Why is this evidence inadmissible?

o The witness did not see the crime happen.

5. Key Takeaways
o They are only repeating what someone else said (this is hearsay).
1. Evidence must be both relevant and competent to be admissible.
o Hearsay evidence is not allowed because the person who made
2. Relevant evidence must help prove or disprove an issue in the case.
the statement is not in court to be questioned.
3. Competent evidence must follow legal rules and not be excluded.
✅ Relevant – It relates to the crime.
4. Even if evidence is competent, it will still be rejected if it is not relevant. ❌ Not competent – It is hearsay and not based on personal knowledge.

Final Thought 2. Husband-Wife Confidentiality – Relevant but Not Competent (Inadmissible)

Think of admissibility like a two-step test: Example: Homicide Case

1. Does this evidence relate to the case? (Relevance ✅)  The accused’s wife testifies:
 o "My husband told me in secret that he killed our neighbor." o The testimony directly supports the accused’s self-defense claim.

 Why is this evidence inadmissible? ✅ Relevant – It helps prove self-defense.

✅ Competent – The witness saw the event firsthand.
o Husbands and wives cannot testify against each other about
private conversations.

o This rule protects marital trust and communication. 5. Violation of the Statute of Frauds – Relevant but Not Competent (Inadmissible)

✅ Relevant – It relates to the case. Example: Sale of Land Without a Written Contract
❌ Not competent – Husband-wife privilege applies (Sec. 24(a), Rule 130).
 A person claims they bought land but has no written contract.

 They try to prove it using oral testimony.

3. Irrelevant Testimony – Competent but Not Relevant (Inadmissible)
 Why is this evidence inadmissible?
Example: Debt Collection Case
o The law requires that land sales must be in writing.
 A witness testifies:
o Oral testimony about a land sale is not allowed under the Statute
o "I saw the debtor borrow money from the creditor." (✅ Relevant) of Frauds (Art. 1403, Civil Code).

o "The debtor often felt dizzy." (❌ Not relevant) ✅ Relevant – The case is about land ownership.
❌ Not competent – Land sale agreements must be written.
 Why is this evidence inadmissible?

o The witness’s testimony about borrowing money is relevant.

6. Illegally Obtained Evidence – Relevant but Not Competent (Inadmissible)
o The debtor’s dizziness has nothing to do with whether or not
they owe money, so that part is irrelevant. Example: Police Search Without a Warrant

✅ Competent – The witness saw the transaction.  The police break into a suspect’s home without a warrant and find illegal
❌ Not relevant – The debtor’s health condition does not affect the debt. drugs.

 Why is this evidence inadmissible?

4. Eyewitness in Self-Defense Case – Relevant and Competent (Admissible) o The search violated the Constitution (Sec. 3(2), Art. III).

Example: Criminal Case (Murder Defense) o Illegally obtained evidence cannot be used in court.

 A defense witness testifies: ✅ Relevant – The drugs relate to the crime.

❌ Not competent – They were seized illegally.
o "I saw the victim shoot at the accused first before the accused
fired back." Case Example: People v. Bio (2015)

 Why is this evidence admissible?  A suspect confessed during police questioning but was not read their
rights (right to remain silent, right to a lawyer).
o The witness actually saw the event (not hearsay).
  The confession was ruled inadmissible because it violated the suspect’s o ❌ No, not always. A person can be guilty even without a motive.
rights.
o A motive does not directly prove guilt—it just suggests a possible
reason for the crime.

Summary Table: When Evidence is Admissible or Not Example 2: Bad Reputation as Collateral Evidence

Scenario Relevant? Competent? Admissible?  The accused is known for being aggressive and violent.

Hearsay testimony in a  The prosecution wants to use this to prove guilt.

✅ Yes ❌ No (Hearsay) ❌ No
murder case  Is this relevant?
Wife testifies about husband’s ❌ No (Spousal o ❌ No. A bad reputation does not prove that a person committed a
✅ Yes ❌ No
confession privilege) specific crime.
Witness testifies about debt ❌ No (Dizziness is o Even a well-respected person could be the actual culprit.
✅ Yes ❌ No
but also debtor’s dizziness not relevant)

Witness testifies that victim

✅ Yes ✅ Yes ✅ Yes 2. When Are Collateral Matters Allowed?
shot first in self-defense case
 General rule: Collateral matters are not allowed because they do not
❌ No (Statute of
Oral testimony about land sale ✅ Yes ❌ No directly relate to the case (Sec. 4, Rule 128).
Frauds)
 Exception: Collateral evidence may be admitted if it helps prove or
Evidence seized without a ❌ No (Illegal
✅ Yes ❌ No disprove an important fact.
warrant search)
Example 3: Character Evidence in a Criminal Case

 General rule: The accused’s character is not evidence of guilt or

Collateral Matters (Explained Simply)
innocence.
1. What Are Collateral Matters?
 Exception: The accused can present evidence of good moral character if it
 A collateral matter is not directly related to the main issue of the case. relates to the crime charged.

 It is extra or additional information that may be interesting but not o Example: In a fraud case, the accused may present evidence that
necessarily helpful in proving guilt, innocence, or liability. they have always been honest and trustworthy.

Example 1: Collateral Evidence in a Murder Case Example 4: Character Evidence in a Civil Case

 The accused is on trial for murder.  In civil cases, a person’s moral character can be used as evidence if it is
relevant.
 The prosecution presents evidence that the accused had a strong motive
to kill (e.g., a history of arguments with the victim). o Example: In a child custody case, a parent’s history of violence or
kindness may be relevant to deciding who gets custody.
 Is this motive relevant?
Example 5: Supporting a Witness’s Credibility Situation Collateral Matter Allowed? Why?

 If a witness’s credibility has been attacked, the court may allow evidence credibility truthfulness credibility
of their good character.

o Example: If the opposing party claims a witness is dishonest,

evidence showing they have a reputation for truthfulness may be 5. Key Takeaways
admitted. 1. Collateral evidence is usually not allowed because it does not directly
prove a fact in dispute.

3. Simple Rule for Collateral Evidence 2. Character evidence is generally excluded, but a defendant can present
good moral character if relevant.
Ask:
3. In civil cases, moral character can be used if it is connected to the issue
1. Does the evidence directly prove an important fact in the case? (e.g., custody cases).
o If yes, it is relevant. 4. A witness’s good character can be proven if their credibility has been
o If no, it is collateral and generally not allowed. questioned.

2. Does the collateral evidence help prove or disprove another fact in a

reasonable way? Final Thought
o If yes, it may be admitted. Before allowing collateral evidence, the court asks:
o If no, it is excluded.  Does it help answer the main issue in the case?

 Does it reasonably make another fact more or less likely?

4. Summary Table: When Collateral Evidence is Allowed or Not If yes, it may be allowed. If no, it should be excluded.

Situation Collateral Matter Allowed? Why?

Motive does not prove

Murder case Accused had a strong motive ❌ No
guilt

Accused has a violent Reputation does not

Murder case ❌ No
reputation prove a crime

Accused has a reputation for Honesty is relevant to

Fraud case ✅ Yes
honesty fraud

Child custody Parent has a history of Character affects

✅ Yes
case violence parenting ability

Witness Witness has a reputation for ✅ Yes Can support or challenge