Module 1
Basic Principles
Rule 128
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)
Four component elements
1. Evidence as a means of ascertainment- includes not only the procedure or manner of
ascertainment but also the evidentiary fact from which the truth respecting a matter of
fact may be ascertained
2. Sanctioned by these rules- not excluded by the Rules of Court
3. In a judicial proceeding- contemplates an action or proceeding filed in a court of law; not
a mere dispute between two contending parties
4. The truth respecting a matter of fact- refers to an issue of fact and is both substantive
(determines the facts to be established) and procedural (governs the manner of proving
said facts)
When evidence is required
1. When the court has to resolve a question of fact
2. Doctrine of Processual Presumption – When invoking a foreign law, evidence of such
law must be presented. Otherwise, the court will presume that the foreign law is the same
as the Philippine Law.
When evidence is not required
1. Where no factual issue exists in a case;
2. Where the case presents only a question of law, such question is resolved by the mere
application of relevant statutes or rules to which no evidence is required
3. When the pleadings in a civil case do not tender an issue of fact (judgment on the
pleadings)
4. Evidence may also be dispensed with by agreement of the parties;
5. Evidence is not also required on matters of judicial notice and on matters judicially
admitted.
Proof vs Evidence
Proof- the probative effect and is the conviction or persuasion of the mind resulting from the
consideration of the evidence. Proof is not the evidence itself. There is proof only because of
evidence.
Evidence- It is the medium or means by which a fact is proved or disproved.
Evidence vs Argumentation
Evidence- the process of presentation or demonstration of the jural relation between the parties;
can be accomplished only by the use of a number of facts, the final logical result being the
establishment of the total fact.
Argumentation- The invocation of counsel or ordinary rules of logic and rhetoric in the
combination of assumed fact.
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)
Evidence- is the means sanctioned by these rules (Revised rules of Court), of ascertaining in a
judicial proceeding the truth respecting a matter of fact.
Proof- the result or effect of evidence.
Factum Probandum- the ultimate fact or the fact sought to be established.
Factum Probans- the evidentiary fact or the fact by which the factum probandum is to be
established.
Law of evidence is procedural.
Classifications of Evidence
o According to form
Object (real) evidence- is that which is directly addressed to the senses of the
court and consists of tangible things exhibited or demonstrated in open court,
in an ocular inspection, or at a place designated by the court for its view or
observation of an exhibition, experiment or demonstration.
Documentary- is evidence supplied by written instruments or derived from
conventional symbols, such as letters, by which ideas are represented on
material substances.
Testimonial- is that which is submitted to the court through the testimony or
deposition of a witness
Other Classifications
Relevant evidence- is evidence having any value in reason as tending to prove
any matter provable in an action
Material Evidence- evidence directed to prove a fact in issue as determined by
the rules of substantive law and pleading
Competent evidence- one that is not excluded by the Rules, a statue or the
constitution.
o Test of Relevancy- the logical relation of the evidentiary fact to the fact in issue.
o Test of materiality- whether the fact it intends to prove is in issue or not.
Direct evidence- is that which proves the fact in dispute without the aid of any
inference or presumption.
Circumstantial evidence- is the proof of a fact or facts from which taken either
singly or collectively, the existence of the particular fact in dispute may be
inferred as a necessary or probable consequence.
Cumulative evidence- is evidence of the same kind and to the same state of
facts.
Corroborative evidence- additional evidence of a different character to the
same point.
Prima Facie- is that which, standing alone, unexplained or uncontradicted, is
sufficient to maintain the proposition affirmed.
Conclusive evidence- that class of evidence which the law does not allow to
be contradicted.
Primary or best evidence- is that which the law regards as affording the
greatest certainty of the fact in question.
Secondary or substitutionary evidence- is that which is inferior to the primary
evidence and is permitted by law only when the best evidence is not available.
Positive evidence- evidence is positive when the witness affirms that a fact did
or did not occur.
Negative evidence- when the witness states he did not see or know of the
occurrence of a fact.
Admissibility of Evidence
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)
Requisites of Admissibility
o It must be relevant to the issue sought to be proved
o It must be competent
Kinds of Admissibility of Evidence
o Conditional Admissibility- Where the evidence at the time of its offer appears to be
immaterial or irrelevant unless it is connected with the other facts to be subsequently
proved, such evidence may be received on condition that the other facts will be
proved thereafter, otherwise the evidence already given will be stricken out.
o Multiple Admissibility- where the evidence is relevant and competent for two or more
purposes, such evidence should be admitted for any or all the purposes for which it is
offered provided it satisfies all the requirements of law for its admissibility therefor.
o Curative Admissibility- this doctrine treats upon the right of a party to introduce
incompetent evidence in his behalf where the court has admitted the same kind of
evidence adduced by the adverse party.
o Collateral Matters- are matters other than the facts in issue and which are offered as a
basis for inference as to the existence or non-existence of the facts in issue.
o Circumstantial evidence- the evidence of collateral facts or circumstances from which
an inference may be drawn as to the probability of the facts in dispute.
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1. Read the material on the general/basic principles in Evidence.
2. You will be given this week to study. Next week, an oral recitation will be schedule to
check if you have studied and understood the material provided.
3. Each student will be asked at least five questions in 10-15 minutes.
4. The recitation will be via zoom.
5. Sample questions:
A. What is evidence?
B. Distinguish factum probandum from factum probans;
C. Illustrate factum probandum and factum probans and show their
difference;
D. What is curative admissibility define and illustrate ;
E. When is evidence required and when is not?
6. You are courage to use supplementary reference book by author.
