EVIDENCE NOTES (DEAN RIANO)
Republic
( R128 S1) Evidence- is defined as the
means of ascertaining in the judicial proceeding
the truth respecting to a matter of fact. It is
sanctioned by the Rules of Court.
To be considered evidence, the same
must be “sanctioned” or allowed by the Rules of
Court. It is not evidence if it is excluded by law
or by the Rules of Court even if it proves the
existence or non-existence of a fact in issue.
APPLICABILITY :
The rules on evidence in the Rules of
Court are guided by the principle of uniformity.
As a general policy, the rules on evidence shall
be the same in all courts and in all trials and
hearings. ( Sec 2, Rule 128, Rules of Court).
NON-APPLICABILITY:
 Election cases;
 Land registration;
 Cadastral;
 Naturalization
 Insolvency proceeding
 Other cases not herein
provided for, except by analogy
or in a suppletory character and
whenever practicable and
convenient.
Sugar Regulatory Administration v Tormon G.R
No. 195640, December 4,2012.
“ The general rule is that administrative
agencies are not bound by the technical rules of
evidence. It can accept documents which
cannot be admitted in a judicial proceeding
where the Rules of Court are strictly observed.
It can choose to give weight or disregard such
evidence , depending on its trustworthiness.”
Ong Chia v.
“ the Court once again emphasized that the rule
on formal offer of evidence is not applicable to
a case involving a petition for naturalization.”
Sasan vs NLRC ( 569 SCRA 670)
“ Technical rules of evidence are not binding in
labor cases. Labor officials should use every
reasonable means to ascertain the facts in each
case speedily and objectively, without regard to
technicalities of law or procedure, all in the
interest of due process. “
In the Sasan case, the petitioner likewise
interposed a protest against the documentary
evidence submitted by the adverse party
because they were mere photocopies.
Petitioners invoked the best evidence rule
espoused in Section 3, Rule 130 of Rules of
Court. The Court, in dismissing the objection,
stressed once again that even assuming that
petitioner were given mere photocopies, the
proceeding before the NLRC are not covered by
the technical rules of evidence and procedure
as observed in the regular courts.
The rule that the provisions of the Rules of
Court do not apply to administrative or quasi-
judicial proceedings. ( Rule 43 provided for the
quasi judicial bodies).
Classification of Evidence:
As to nature:
Documentary Evidence- Writings or any
material offered as proof of their contents.
Object or Real Evidence- Evidence which is
directly addressed to the court’s senses.
Testimonial evidence- Consists of the statement
of a witness offered to the court. Maybe
oral/live by judicial affidavit.
As to it relations to the fact in issue:
Direct Evidence- That which proves that the fact
in issue without the aid of any inference or
presumption.
Circumstantial Evidence-That which proves the
fact in issue by way of inference or
presumption.
Cumulative vs Corroborative evidence
Cumulative evidence is evidence of the same
kind and to the same of facts, while
corroborative evidence is additional evidence of
a different character to the same point.
Prima facie vs conclusive evidence
Prima facie evidence is that which by itself is
sufficient to prove a fact but which be rebutted
by contrary evidence, while conclusive evidence
is one which may not be rebutted or
contradicted.
Positive vs Negative evidence
Evidence is positive when the witness affirms in
the stand that a certain state of facts does exist
or that a certain event happened while th
Sec 3 Rule 130. Original document must be
produced;exception.- When the subject of
inquiry is the contents of a document, no
evidence shall be admissible other than the
original documents itself…
When evidence is required- If the court needs
to resolve question of fact.
Evidence not required:
 When the question is of law.
 In civil case,when the case do no tender
an issue of fact, a trial need not be
conducted since there is no more
reason to present evidence. It is ripe
for judicial determination through a
judgment on the pleadings pursuant to
Rule 34 of the Rules of Court.
 Matters of judicial notice ( Sec 1 Rule
129) and on matter judicially admitted
( Sec 4, Rule 129).
 When a law or rule presumes the truth
of a fact.
Ex: Breach of contract of
Common Carrier, law state that
negligence need not to be
proved .
Presumption of innocence of
the accused in criminal case.
Avenido v CSC, 552 SCRA 589 “ the findings of
facts of administrative bodies are, however,
respected as long as they are supported by
substantial, even if such evidence is not
overwhelming or preponderant.
Marcelo vs Bungubung 552 SCRA 589 “ In the
field of administrative law, while strict rules of
evidence are not applicable to quasi-judicial
proceedings, nevertheless, in adducing
evidence constitutive of substantial evidence ,
the basic rule that a mere allegation is not
evidence cannot be disregarded.
RULES ON ELECTRONIC EVIDENCE:
Apply to all civil and action and
proceedings as well as quasi-judicial and
administrative cases. ( Sec 2, Rule 1).
EVIDENCE IN CIVIL CASE VS EVIDENCE IN
CRIMINAL CASES.
  Civil cases, the party having the burden
of proof must prove his claim by a
preponderance of evidence while in
criminal cases, the guilt of the accused
has to be proven beyond reasonable
doubt. ( Sec 2, Rule 133)
 Compromise is not an admission of any
liability and is not admissible in
evidence against the offeror while in
criminal cases, except those involving
quasi-offenses,or those allowed by law
to be compromised,an offer of
compromise by the accused may
received in evidence as an implied
admission of guilt ( Sec 27, Rule 130)
 In civil cases, the concept of
presumption of innocence does not
apply and generally there is no
presumption for or against a party
except in certain cases provided for by
law while in criminal cases, the accused
enjoys the constitutional presumption
of innocence.
PROOF VS EVIDENCE
Proof is not evidence itself. There is proof only
because of evidence.Proof is merely the
probative effect of evidence and is conviction or
persuasion of the mind resulting from a
consideration of the evidence.
Proof is the effect or result of evidence, while
evidence is the medium of proof.
FACTUM PROBANDUM vs FACTUM PROBANS
Factum Probandum is the fact or proposition to
be established while Factum Probans is the
facts or material evidencing the fact or
proposition to be established.
Factum probandum is the fact to be proved is
the fact or which is in issue and to which the
evidence is directed while the factum probans is
the probative or evidentiary fact tending to
prove the fact in issue.
Factum probandum refers of proving the fact
itself to be proved and the factum probans is
the evidence itself to prove the factum
probandum.
When the evidence admissible?
-Evidence is admissible when it is relevant to
the issue and is not excluded by the law or by
the Rules of Court ( Sec 3, Rule 128).
Relevant evidence – Under Sec 4 of Rule 128,
evidence to be relevant must have such a
relation to the fact in issue as to induce belief in
its existence or non-existence. It should be
directed to the matters in dispute and any
evidence which neither direct nor indirect
relationship to such matters must be set aside
as irrelevant.
Test for Determining the Relevancy of
Evidence?
There is no precise and universal test of
relevancy provided by law.However,the
determination of whether particular evidence is
relevant rests largely at the discretion of the
court, which must be exercised according to the
teachings of logic and everyday experience.
Collateral Matters- When it is on a parallel or
diverging line or merely an additional or
auxiliary. This term connotes an absence of a
direct connection between the evidence and
the matter in dispute.
General Rule Collateral Matters are not
allowed. ( Sec 4, Rule 128)
Except: it may be admitted as evidence if it b. The facts from which the inferences are
tends in any reasonable degree to establish the derived are proven;and
probability or improbability of the fact in issue. c. The combination of all the
In other words, while the collateral evidence circumstances is such as to produce a
may not bear directly on the issue, it will be conviction beyond reasonable doubt.
admitted if it has the tendency to induce belief
as to the probability or improbability of the Note: The circumstances must
issues of the case as when it would have the constitute an unbroken chain that
effect of corroborating or supplementing facts inexorably leads to one fair conclusion
previously established by direct evidence. that the accused committed the crime
to the exclusion of all others.
The accused may prove his good moral
character which is pertinent to the moral trait
involved in the offense charged. Sec 51, (a) Rule
130)

In civil cases, evidence of good moral character

of a party is admissible when pertinent to the
issue of character involved in the case. ( Sec 51
(b) Rule 130).

Good character of a witness is admissible if his

character has been previously impeached. Sec
14 , Rule 132).

Competent Evidence- Evidence is one that is not

excluded by law or rules on a particular case.

If the test of relevance is logic and common

sense, the test of competence is the law or
rules.

Conviction by Circumstantial Evidence

Circumstantial evidence is the rule of evidence

that applies when no witness saw the
commission of the crime. In criminal case,
circumstantial evidence may be sufficient for
conviction provided the following requisites
concur:

a. That there is more than one

circumstance ;