EVIDENCE - any matter of fact, the effect, tendency or design of which is to

produce in the mind a pursuasive affirmative or disaffirmative of the existence of

some other matter of fact.

JUDICIAL EVIDENCE is the means sanctioned by law, of ascertaining in a judicial

proceeding, the truth respecting a question of fact

NOTES
- To be considered evidence, the same must be sanctioned or allowed by RoC
- Evidence not as an end in itself, but merely as a means of ascertaining the truth
of a matter of fact

PURPOSE OF EVIDENCE
- ascertain the truth respecting a matter of fact in a judicial proceeding

NOTES
- The truth must have to be determined by the rules for admissibility and proof
- Evidence is required because of the presumption that the court is not aware of
the veracity of the facts involved in a case. It is incumbent upon the parties to
prove a fact in issue through presentation of admissible evidence
- While the purpose of the evidence is to known the truth, the truth referred to in
the definition is not necessarily the actual truth but one aptly referred to as
JUDICIAL OR LEGAL TRUTH
- Actual truth may not always be achieved in judicial proceedings because the
findings of the court would depend on the evidence presented before it based on the
accepted rules for admissibility
- Courts are not even authorized to consider evidence which has not been formally
offered.

SCOPE AND APPLICABILITY OF THE RULES OF EVIDENCE

- rules on evidence in ROC are guided by the principles of uniformity. As a general
policy, the rules on evidence shall be the same in all courts and in all trials and
hearings. It only applis to judicial proceedings

NON-APPLICABILITY (CLINE)
- cadastral proceedings, land registration, insolvency, naturalization, election
cases
UNLESS applied in analogy, or in suppletory character, and whenever practicable and
convenient.

NOTES
- administrative agencies are not bound by technical rules of evidence
- It can choose to give weight or disregard such evidence, depending on its
trustworthiness.
- Also in labor cases
- Civil Service Commission
s3 ORIGINAL DOCUMENT MUST BE PRODUCED: EXCEPTION - when the subject of inquiry is
the contents of documents, no evidence shall be admissible other than the original
document itself

NOTES
- even if not bound by technical rules of procedure. the findings of facts of
administrative bodies are, however, respected as long as they are supported by
substantial evidence, even if such evidence is not overwhelming or preponderant.
- In adducing evidence constitutive of substantial evidence, the basic rule that a
mere allegation is not evidence cannot be disregarded

WHEN EVIDENCE IS NOT REQUIRED, WHEN NOT REQUIRED

Where no factual issues exists in a case, there is no need to present evidence
because where the case presents a question of law, such question is resolved
by the mere application of the relevant statutes or rules of this jurisdiction to
which no evidence is required.

NOTES
- Since the pleading does not tender an issue of fact, trial need not be
conductedcsince there is no more reason to present an evidence. The case is then
ripe for judicial determination through a judgment on pladings
- Presentation of evidence may likewise be dispensed with by agreement of parties,
must be made in writing upon, and to submit the case for judgment upon the facta
agreed upon, without the introduction of evidence
- Evidence is not also required on matters of judicial notice and on matters
judicially admitted
- Evidence is not also required when a law or rule presumes the truth of a fact

Provisions on Electronic Evidence apply to all civil actions and proceedings, as

well as quasi-judicial and administrative cases.
NOTES
- While the definition of evidence under the RoC makes reference only to judicial
proceedings
- It does not apply to criminal actions

EVIDENCE IN CIVIL CASE DISTINGUISHED FROM EVIDENCE IN CRIMINAL CASES

- Rules of evidence shall be the same in all trials and hearings, except as
otherwise provided by law or these rules

WHAT EVIDENCE IS NEEDED

CVL: party having a burden of proof must prove this claim by a preponderance of
evidence
CRML: guilt of the accused has to be proven beyond reasonable doubt

AS TO EFFECT OF COMPROMISE
CVL: Offer of compromise is not an admission of any liability, and it is not
admissible in evidence against the offeror.
CRML: Except those involving quasi-offenses, or those allowed by law to be
compromised, an offer of compromise by the accused may be received in evidence as
an implied admission of guilt

AS TO PRESUMPTION OF INNOCENCE
CVL: presumption of innocence does not apply and generally there is no presumption
for or against a party except in certain cases provided by law.
CRML: accused enjoys the constitutional presumption of innocence

PROOF V EVIDENCE
Proof is not an evidence itself. there is proof only because of evidence, merely a
probative effect of evidence and is the conviction or persuation of the mind
resulting from a consideration of evidence. Proof is the effect or result of
evidence, while evidence is the medium of proof

FACTUM PROBANS V FACTUM PROBANDUM

Evidence signifies a relationship between two facts, the fact or proposition to be
established (FACTUM PROBANDUM) or the fact to be proved, the fact which is in
issue, and to which evidence is directed, 2. and the facts or material evidencing
the fact or proposition to be established (FACTUM PROBANS) or the probative or
evidentiary fact in issue.

Rules on evidence must be liberally construed

To justify relaxation of the rules, a satisfactory explanation and subsequeny
fulfillment of requirements have always been required
Rules on electronic evidence shall likewise be construed liberally

There is no vested right in the rules of evidence because the said rules are
subject to change by SC. The change in the rules on evidence is, however, subject
to the constitutional limitation on the enactment of ex post facto laws.

WAIVER OF THE RULES ON EVIDENCE - when an otherwise objectionable evidence is not

objected, the evidence becomes admissible because of waiver.

GR: hearsay evidence is excluded and carries no probatibe value, the rule admits of
an exception. Where a party fails to object to hearsay evidence, the same is
admissible

May parties stipulate waiving the rules on evidece? YES.

XPN: with respect to a privileged communication involving state secrets commnicated
to a public officer in official confidence should be construed as a waiver of the
privileged character of the communication because of public policy considerations
as when the state secret is one involving national defense and security

ADMISSBILITY OF EVIDENCE