In-Depth Notes on Remedial Law and Evidence Rules

PART I: UNDERSTANDING BASIC CONCEPTS

  • Remedial Law:

    • Defines methods for protecting, enforcing, and giving effect to rights or obligations from substantive law.

  • Substantive Law:

    • Creates, defines, and regulates rights concerning life, liberty, and property.
    • Determines rights and duties leading to causes of action.
    • Courts administer this law; opposed to remedial law, which outlines enforcement methods.

RULE MAKING POWER OF THE SUPREME COURT

  • Constitutional Basis:

    • Section 5(5), Article VIII of the 1987 Constitution grants the Supreme Court power to promulgate rules on:
    1. Protection and enforcement of constitutional rights
    2. Pleading
    3. Practice
    4. Procedure in all courts
    5. Admission to practice of law
    6. Integrated bar
    7. Legal assistance to underprivileged

  • Limitations:

    • Power is exclusive to the Supreme Court; not shared with Congress or the Executive.
    • Congress' power to alter procedural rules has been removed since 1987, as highlighted in Echegaray v. Secretary of Justice.

  • Rules of Court Promulgated:

    1. Rules of Civil Procedure - Rules 1-71
    2. Special Proceedings - Rules 72-109
    3. Rules of Criminal Procedure - Rules 110-127
    4. Rules on Evidence - Rules 128-134
    5. Legal Ethics - Rules 135-144

EVIDENCE DEFINED (RULE 128)

  • Evidence:
    • Means sanctioned by the Rules to ascertain the truth in a judicial proceeding regarding facts.
    • Includes methods of proving facts to establish a claim or defense.
MANNER OF ALLEGATION IN PLEADINGS

  • Rule 8, Section 1: Pleadings must contain:

    • A methodical statement of ultimate facts and supporting evidence.
    • Distinction between ultimate facts (factum probandum) and evidentiary facts (factum probans).

  • Factum Probandum:

    • Principal, determinative facts forming the basis of the cause of action.

  • Factum Probans:

    • Facts establishing ultimate facts; not suitable for pleading as they risk confounding issues.

LIBERAL INTERPRETATION OF EVIDENCE RULES

  • Rule 122: Rules shall be liberally construed to ensure just, speedy, and inexpensive justice.
CLASSIFICATIONS OF EVIDENCE (BY FORM)
  1. Object or Real Evidence: Directly addressed to senses, can be exhibited in court.
  2. Documentary Evidence: Writings, recordings, etc., used as proof of contents.
  3. Testimonial Evidence: Evidence submitted via witness testimony.
  4. Relevant Evidence: Tends to prove or disprove a fact in issue.
  5. Material Evidence: Contributes to proof of a specific issue as per substantive law.
  6. Direct Evidence: Directly proves facts without requiring inference.
  7. Circumstantial Evidence: Indirectly supports a fact via inference.
  8. Cumulative Evidence: Repeats the same kind of evidence.
  9. Corroborative Evidence: Additional evidence of a different character supporting the same point.
  10. Prima Facie Evidence: Sufficient on its face, if unexplained, to support a judgment.
  11. Conclusive Evidence: Cannot be contradicted.
  12. Original/Best Evidence: Original document required for examination; no substitutes.
  13. Secondary Evidence: Used when originals are unavailable, less reliable.
  14. Negative Evidence: Witness states lack of knowledge or observation of a fact.
  15. Positive Evidence: Affirms that a fact occurred.
SCOPE OF RULES ON EVIDENCE
  • General Rule: Same rules apply across all courts except as specified.
  • Exceptions: Rules may not apply to specific cases like election or land registration.
ADMISSIBILITY OF EVIDENCE (SECTION 3)

  • Criteria for Admissibility:

    1. Relevance: Must relate to and influence belief in the fact in issue.
    2. Not excluded by law or Constitution.

  • Competency: Evidence must generally be admissible, not excluded by law.

EXCLUSIONARY RULES
  • Exclusion applies to illegally obtained evidence (fruit of the poisonous tree).
  • R.A 9165: Details regarding drug evidence procedures, outlining compliance requirements.
  • R.A 4200: Establishes prohibitions against unauthorized wiretapping.
  • Various Acts: Establish exclusionary rules regarding unlawful confessions, unfair evidence practices, and violations of privacy rights.
PRESENTATION OF EVIDENCE
  1. Object Evidence: Must be marked and sponsored.
  2. Testimonial Evidence: Requires valid objection procedures and witness acknowledgment.
  3. Documentary Evidence: Must be clearly identified, authenticated, and formally presented.