Student Handout: Week 1 - General Concepts and Scope of Evidence

Rule References: Rule 128, Sections 1-2, 2019 Revised Rules on Evidence

I. Understanding Evidence: Fundamental Concepts

A. What is Evidence? (Rule 128, Section 1)
Section 1. Evidence defined. — Evidence is the means, sanctioned by these Rules, of ascertaining in
a judicial proceeding the truth respecting a matter of fact.
• Means Sanctioned by the Rules: This highlights that not all information is "evidence." Only that
which is allowed by the Rules of Court (specifically, the Rules on Evidence) can be considered
evidence. This ensures fairness and reliability.
• Ascertaining the Truth: The primary purpose of evidence is to help the court determine the factual
accuracy of claims made by parties in a case. It's about finding out "what happened."
• Judicial Proceeding: Evidence is relevant within the context of a court case (civil, criminal,
administrative). It's not just any investigation, but one oMicially conducted by a court or tribunal.
• Truth Respecting a Matter of Fact: Evidence applies to factual disputes. Questions of law are for
the judge to decide; questions of fact require evidence.

Real-Life Scenario:
• Imagine a car accident. The police report, witness statements, CCTV footage, and physical damage
to the vehicles are all pieces of information. However, in a court case arising from this accident,
only those pieces of information formally presented and admitted according to the Rules on
Evidence will be considered "evidence" by the judge. The rest might be helpful for investigation, but
not for judicial proof.

B. Evidence vs. Proof:

• Evidence: The medium or means by which a fact is proved (e.g., a witness's testimony, a document,
a gun).
• Proof: The result or e,ect of evidence. It is the conviction or persuasion of the mind as to the truth
of a fact. You present evidence to achieve proof.

C. Factum Probandum vs. Factum Probans:

• Factum Probandum: The ultimate fact or proposition to be established (the "what needs to be
proved"). This is the element of a crime or cause of action.
o Example: In a murder case, the factum probandum is that the accused killed the victim with
treachery.
• Factum Probans: The evidentiary facts or the material presented to prove the factum probandum
(the "means of proving it").
o Example: The factum probans in the murder case might include the eyewitness testimony,
the murder weapon, the autopsy report, and the accused's confession.

II. Scope of the Rules on Evidence (Rule 128, Section 2)

Section 2. Scope. — The rules of evidence shall be the same in all courts and in all trials and hearings,
except as otherwise provided by law or these Rules.
A. Uniformity:
• The fundamental principle is that the Rules on Evidence apply uniformly across all courts (Supreme
Court, Court of Appeals, Regional Trial Courts, Municipal Trial Courts, etc.) and in all types of
judicial proceedings (civil, criminal, special proceedings, etc.). This ensures consistency and
fairness in the administration of justice.
B. Exceptions to Uniformity ("except as otherwise provided by law or these Rules"):
• Special Laws: Certain special laws may establish distinct rules of evidence.
o Example: The Rules of Procedure for Environmental Cases permit the admission of certain
novel types of evidence, such as DNA evidence of wildlife or satellite images, and may have
diMerent rules regarding presentation. The Rules on Electronic Evidence (A.M. No. 01-7-
01-SC), while largely integrated into the 2019 Rules on Evidence, still provide specific
procedural details for electronic documents.
• Quasi-Judicial Bodies: While quasi-judicial bodies (like the National Labor Relations Commission,
Department of Agrarian Reform Adjudication Board, Civil Service Commission, Ombudsman) are
generally not strictly bound by the technical rules of evidence, they still apply them suppletorily (as
subsidiary rules) and must observe due process.
o Example: In a labor case before the NLRC, the requirements for a sworn statement might be
less stringent than in a regular court, but they cannot accept evidence that is wholly
irrelevant or unsubstantiated.

C. Classes of Evidence: Evidence can be classified in various ways, often overlapping:

1. According to Form:
o Object (Real) Evidence: Addressed directly to the senses of the court (e.g., weapon,
fingerprints).
o Documentary Evidence: Writings, recordings, photographs, or any material containing
symbols oMered as proof of their contents (e.g., contracts, emails, photos).
o Testimonial Evidence: Oral declarations made in court by a witness (e.g., eyewitness
testimony, expert testimony).
2. According to Relationship with the Fact in Issue:
o Direct Evidence: Proves a fact in issue without the need for inference or presumption (e.g.,
eyewitness seeing the crime).
o Circumstantial Evidence: Indirectly proves a fact in issue by establishing other facts from
which, taken collectively, the existence of the fact in issue can be reasonably inferred (e.g.,
accused's fingerprints on the murder weapon).
3. According to Strength/Weight:
o Positive Evidence: A witness testifies that a fact did or did not occur. It aMirms or denies
something concrete.
o Negative Evidence: A witness testifies that they did not see or did not know the occurrence
of a fact.
4. According to Nature of E_ect/Purpose:
o Corroborative Evidence: Additional evidence of a diMerent character tending to confirm the
testimony of a witness or the validity of other evidence.
o Cumulative Evidence: Evidence of the same kind and to the same point.
5. According to Strength of Inference:
o Prima Facie Evidence: Evidence that, if unexplained or uncontradicted, is suMicient to
establish a fact.
o Conclusive Evidence: Evidence that the law does not allow to be contradicted or overcome
by any other evidence.