EVIDENCE

Guide Questions:

1. What is Evidence?
- Evidence is defined as the means, sanctioned by the Rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact. (Rule128, Sec. 1, [A.M. No. 19-08-15-SC].

2. Define Proof.
- Proof is the effect or result of evidence; it is the perfection of evidence.

3. What is evidence de bene esse?

- Evidence whose admissibility is conditioned upon a subsequent showing of facts
necessary to support its admission.

4. What is the difference between Factum Probandum and Factum Probans?

- Factum probandum is the proposition sought to be established. Factum probans is the
material by which the proposition is established.
Factum probandum is merely hypothetical, whereas factum probans is real and existent.

5. What is meant by probative value?

- refers to the question of whether or not it proves an issue.

6. What are the sources of Philippine Rules on Evidence?

- Our rules on evidence may be sourced from the following:
a. Provisions of the 1987 Constitution on the rights of the accused;
b. 2019 Amendments to the Revised Rules on Evidence [A.M. No. 19-08-
15-SC]
c. Judicial Affidavit Rule [A.M. No. 12-8-8-SC, effective January 1, 2013];
d. Rule on Examination of a Child Witness [A.M. No. 004-07-SC,
December 15, 2000];
e. Rule on DNA Evidence [A.M. No. 06-11-5-SC, October 15, 2007];
f. Rules on Electronic Evidence [A.M. No. 01-7-01-SC];
g. Rule 115 of the Rules on Criminal Procedure;
h. R.A. No. 4200 [“The Anti-Wire Tapping Act”];
i. R.A. No. 11479 [“The Anti-Terrorism Act of 2020’];
j. R.A. No. 9165 (The Comprehensive Dangerous Drugs Act of 2002, as
amended by R.A. No. 10640) provisions on the chain of custody rule;
k. Substantial and Remedial Statute; and
l. Rulings or decisions of the Supreme Court.

7. What are the axioms or requisites of Admissibility?

- Axioms or requisites of admissibility are as follows:
a. Relevancy (relevant to the issue); and
b. Competency (not excluded by the Rules on Evidence, the law and the Constitution).

RELEVANCY; Collateral Matters –

Evidence must have such a relation to the fact in issue as to induce belief in its existence
or non-existence. Evidence on collateral matter shall not be allowed, except when it tends in
any reasonable degree to establish the probability of the fact in issue. (Rule 128, Sec. 4)

Collateral matters are those other than the fact in issue. They are important where there is
lack or insufficiency of direct evidence.

NOTE: In resolving the admissibility of and relying on out-of-court

identification of suspects, courts have adopted the totality of
circumstances test where they consider the following, viz.:

a. the witness opportunity to view the criminal at the time of the crime;
b. the witness’ degree of attention at that time;
c. the accuracy of any prior description, given by the witness;
d. the level of certainty demonstrated by the witness at the identification;
e. the length of time between the crime and the identification; and
f. the suggestiveness of the identification procedure.

8. What is the difference between Admissibility and Weight?

- Admissibility should not be equated with weight.

Admissibility of evidence pertains to the ability of evidence to be allowed and accepted

subject to its relevancy and competency, whereas weight of evidence pertains to the effect of
evidence admitted.

Admissibility of evidence is the substantive feature of evidence as would make it worthy

of consideration by the court, whereas weight of evidence is the probative value of evidence as
given to it by the court.

9. John has a pending administrative case. Are the technical rules of evidence applicable
to his administrative case? Why or why not?
- No. The technical rules of evidence are not applicable to his administrative case.

In an existing jurisprudence, rules of evidence are specifically applicable only in judicial

proceedings. They are not strictly applied in proceedings before administrative bodies.

At the case at bar, the case of John is an administrative case. Thereof, the technical rules
of evidence are not applicable to his case.
10. Richard, hoping to be declared a naturalized Filipino, instituted a naturalization
proceeding. Under what circumstances, if any, can the Rules of Court (including the Rules
on Evidence) be applied to said naturalization proceeding?
- Under the general rule, the Rules of Court including the Rules on Evidence shall not
apply to Naturalization case, except by analogy or in a suppletory character and whenever
practicable and convenient.

RULE 128

General Provisions

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. (1)

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. (2a)

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. (3a)

Section 4. Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to induce
belief in its 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 improbability of the fact in issue. (4a)

RULE 129

What Need Not Be Proved

Section 1. Judicial notice, when mandatory. — A court shall take judicial notice, without the introduction of
evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of
nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution
and history of the Philippines, the official acts of legislative, executive and judicial departments of the Philippines,
the laws of nature, the measure of time, and the geographical divisions. (1a)

Section 2. Judicial notice, when discretionary. — A court may take judicial notice of matters which are of public
knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their
judicial functions. (1a)

Section 3. Judicial notice, when hearing necessary. — During the trial, the court, on its own initiative, or on request
of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.

After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may
take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material
issue in the case. (n)

Section 4. Judicial admissions. — An admission, verbal or written, made by the party in the course of the
proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it
was made through palpable mistake or that no such admission was made. (2a)
3 Kinds of Evidence

a. Object or Real Evidence

- The kind of evidence which us directly addressed to the senses of the court and
consists of tangible things exhibited, viewed, or demonstrated in open court. (Sec. 1,
Rule 130)

b. Documentary Evidence
- This evidence is consisting of writings, recordings, photographs or any material
containing letters, words, sounds, numbers, figures, symbols, or their equivalent or
other modes of written expression offered as proof of their contents. (Sec. 2, Rule
130).

c. Testimonial Evidence
- Is an oral evidence given by the witness on the witness stand or in any proceeding.

Evidence vs. Proof

- Evidence is the medium of proof or the means sanctioned by the rules in ascertaining
the truth respecting a matter of fact.
- Proof is the effect or end result of evidence.

Factum Probandum vs. Factum Probans?

- Factum probandum is the proposition sought to be established. Factum probans is the
material by which the proposition is established.
- Factum probandum is merely hypothetical, whereas factum probans is real and
existent.

Factum Probandum Factum Probans

a. is the ultimate fact or facts sought to be a. is the evidentiary fact or facts by which
established. factum probandum is to be
established.
b. Merely hypothetical b. it is real and existent