Evidence Prelim1

EVIDENCE ( PRELIM 1)
RULES OF EVIDENCE Based on the Book of Regalado
[RULE 128] GENERAL PROVISIONS
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. (1) Sec. 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)
Notes:
Evidence, defined: Bustos v. Lucero: Evidence is the mode and manner of proving competent facts in
judicial proceedings.
Proof is the result or effect of evidence.
- This is the result when the requisite quantum of evidence of a particular fact has been duly admitted
and given weight.
Factum Probandum
- Ultimate fact or the fact sought to be established
- Refers to the proposition
Factum Probans
- The evidentiary fact or the fact by which the factum probandum is to be established.
- Refers to the materials which established the proposition
Other Laws Governing Evidence
- GR: Rules of evidence is governed by the Rules of Court (RoC)
- EXC: Application of other laws
Examples:
- RA 4200 (Anti Wiretapping),

- Code of Commerce (weight of entries in merchant books)
- Electronic Commerce Act
- RPC
- Constitution: Bill of Rights - Art III o Sec 2: The right of people against unreasonable searches and
seizures
o Sec 3: The privacy of communication and correspondence shall be inviolable (EXC. By order of court or
when provided by law for safety and public order)
o Evidence obtained in violation of such provisions shall be INADMISSIBLE
Applicability of the Rules of Evidence:
- GR: Applicable ONLY in judicial proceedings

CLASSIFICATION OF EVIDENCE ACCORDING TO FORM
1. Object (Real) Evidence: directly addressed to the senses of the court and consist of tangible things
exhibited or demonstrated in open court, in an ocular inspection, or at place designated by the court for
its view or observation of an exhibition, experiment or demonstration.
- This is referred to as “autoptic proference” since it proffers or presents in open court the evidentiary
articles for observation or inspection
2. Documentary Evidence: Evidence supplied by written instruments or derived from conventional

symbols, such as letters, by which ideas are represented on material substances
- Rule 130 Sec 2: writings or any material containing letters, words, numbers, figures, symbols or other
modes of written expression offered as proof of their contents
3. Testimonial Evidence: That which is submitted to the court through the testimony or deposition of a
witness.
Other Classification of Evidence:
1. Relevant, Material, and Competent Evidence
- Relevant: evidence having any value in reason as tending to prove any matter provable in an action.
o TEST: The logical relation of the evidentiary fact to the fact in issue, whether the former tends to
establish the probability or improbability of the latter.
- Material: evidence directed to prove a fact in issue as determined by the rules of substantive law and
pleadings. o TEST: w/n the fact it intends to prove is an issue or not.
o W/N a fact is in issue: Determined by substantive law, pleadings, pre-trial order and by admissions or
confessions on file.
o Evidence may be relevant BUT may be immaterial.
- Competent: one that is not excluded by the Rules, statutes or the Constitution.
2. Direct and Circumstantial Evidence
- Direct: that which proves the fact in dispute w/o the aid of any inference or presumption
- Circumstantial: proof of a fact or facts from which, taken either singly or collectively, the existence of a
particular fact in dispute may be inferred as a necessary or probable consequence.
3. Cumulative and Corroborative Evidence
- Cumulative: evidence of the same kind and to the same state of facts.
- Corroborative: additional evidence of a different character to the same point.
4. Prima Facie and Conclusive Evidence

- Prima Facie: that which, standing alone, unexplained or uncontradicted, is sufficient to maintain the
proposition affirmed.
- Conclusive: the class of evidence which the law does not allow to be contradicted.
5. Primary and Secondary Evidence
- Primary: that which the law regards as affording the greatest certainty of the fact in question. Also
known as “best evidence”.
- Secondary: that which is inferior to the primary evidence and is permitted by law only when the best
evidence is not available. Also known as “substitutionary evidence”.
6. Positive and Negative Evidence
- Positive: when the witness affirms that a fact did or did not occur.
o Entitled to a greater weight since the witness represents of his personal knowledge the presence or
absence of a fact.
- Negative Evidence: when the witness did not see or know of the occurrence of a fact. o Lesser weight
since there is a total disclaimer of personal knowledge, hence without any representation that the fact
could or could not have existed or happened.
o It is admissible only if it tends to contradict positive evidence of the other side or would tend to
exclude the existence of fact sworn to by the other side.
Sec. 3. Admissibility of evidence.
Evidence is admissible when:
- it is relevant to the issue AND
- is not excluded by the law or these rules. (3a)
Sec. 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)
Notes:
Evidence is ADMISSIBLE when: 2 Requisites (see codal)
- When it is Relevant o it must have a relation to the fact in issue as to induce belief of its existence or
non-existence
o Determined by the rules of logic and human experience.
- When it is Competent o When not excluded by the law or by the RoC
o Determined by the prevailing exclusionary rules on evidence
Note: The weight however of admissible evidence depends on judicial evaluation within the Rule 133
and rules of the SC.
o While evidence is admissible, it may be entitled to little or no weight at all.
o Conversely, evidence of great weight may also be inadmissible.
Requisites of Admissibility of Evidence According to Professor Wigmore
1. That none but facts having rational probative value are admissible &
2. That all facts having rational probative value are not forbidden by specific rules
Note: Here, Relevant Evidence means any class of evidence which has “rational probative value” to
establish the issue in controversy
When is admissibility determined? – At the time it is OFFERED to the court
- Real Evidence: offered o when the same is presented for its view or evaluation
o when the party rests his case and the real evidence consists of objects exhibited in court
- Testimonial Evidence: offered by the calling of the witness to the stand
- Documentary Evidence: offered by the proponent immediately before he rests his case
When should admissibility be objected?
- At the time evidence is offered to the court OR
- As soon thereafter as the objection to its admissibility shall have become apparent
o Objection to the qualification of the witness: made at the time such person is called to the stand
o Objection to the testimony: made at the time the question is asked or after the answer is given when
the objectionable features become apparent by reason of the answer
Note: if not done within such time – right to object is deemed WAIVED

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EVIDENCE ( PRELIM 1)

RULES OF EVIDENCE Based on the Book of Regalado

[RULE 128] GENERAL PROVISIONS

Proof is the result or effect of evidence.

- Ultimate fact or the fact sought to be established

- Refers to the proposition

- Refers to the materials which established the proposition

Other Laws Governing Evidence

- GR: Rules of evidence is governed by the Rules of Court (RoC)

- EXC: Application of other laws

- RA 4200 (Anti Wiretapping),

- Electronic Commerce Act

o Evidence obtained in violation of such provisions shall be INADMISSIBLE

Applicability of the Rules of Evidence:

- GR: Applicable ONLY in judicial proceedings

2. Documentary Evidence: Evidence supplied by written instruments or derived from conventional

Other Classification of Evidence:

1. Relevant, Material, and Competent Evidence

o Evidence may be relevant BUT may be immaterial.

2. Direct and Circumstantial Evidence

3. Cumulative and Corroborative Evidence

- Corroborative: additional evidence of a different character to the same point.

4. Prima Facie and Conclusive Evidence

5. Primary and Secondary Evidence

6. Positive and Negative Evidence

Sec. 3. Admissibility of evidence.

Evidence is admissible when:

- it is relevant to the issue AND

- is not excluded by the law or these rules. (3a)

Sec. 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,

Evidence is ADMISSIBLE when: 2 Requisites (see codal)

o Determined by the rules of logic and human experience.

- When it is Competent o When not excluded by the law or by the RoC

o Determined by the prevailing exclusionary rules on evidence

o While evidence is admissible, it may be entitled to little or no weight at all.

o Conversely, evidence of great weight may also be inadmissible.

Requisites of Admissibility of Evidence According to Professor Wigmore

When is admissibility determined? – At the time it is OFFERED to the court

- Testimonial Evidence: offered by the calling of the witness to the stand

When should admissibility be objected?

- At the time evidence is offered to the court OR

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