2019 Rules on Evidence Overview

RULE 128: General Provisions

  • Section 1: Evidence Defined

    • Old Rule: Evidence is defined as the means, sanctioned by these rules, for ascertaining the truth respecting a matter of fact in a judicial proceeding.

    • 2019 Amendment: No changes from the old rule.

  • Section 2: Scope

    • Old Rule: Rules of evidence applicable in all courts and trials unless otherwise provided by law or these rules.

    • 2019 Amendment: No changes from the old rule.

  • Scope and Applicability

    • Rules of evidence apply uniformly across courts, excluding election cases, land registration, cadastral cases, naturalization, and insolvency proceedings unless applied by analogy.

  • Section 4: Cases Covered

    • Rules apply to all civil actions, proceedings, and administrative cases.

    • Electronic Evidence in Criminal Cases: Section expanded to confirm that electronic evidence rules apply to criminal cases (People vs. Enojas, 2014).

  • Illustrations:

    • Ong Chia vs. Republic: RTC's admission of evidence not formally offered caused CA to reverse the decision. SC ruled the formal offer rule is inapplicable unless analogously applied.

    • Sugar Regulatory Administration vs. Tormon: Administrative agencies may admit documents excluded in judicial proceedings.

    • Manalo vs. TNS Philippines: Labor tribunals not bound by strict rules of evidence.

Proof vs. Evidence

  • Terminology:

    • Proof: Result of evidence; comes from evidence presented.

    • Evidence: The medium through which proof is established.

Factum Probans vs. Factum Probandum

  • Factum Probandum: The fact or proposition to be established (fact in issue).

  • Factum Probans: Material evidence supporting the fact in issue.

  • Illustrations:

    • In property damage cases, factum probandum relates to defendant's negligence; evidence to prove such negligence makes up the factum probans.

Admissibility of Evidence

  • Rule 128, Section 3:

    • Evidence admissible if relevant and not excludable by law or Constitution.

  • Relevancy Assessment:

    • Relevancy relates to its connection to the fact in issue. No connection means irrelevance.

  • Examples:

    • Objection failures to introduce qualifying aspects during trials can lead to grounds for relevancy objections.

Collateral Matters

  • Evidence on collateral matters not allowed unless it helps establish probability or improbability of the fact in issue.

Competency of Evidence

  • Competency tied to Constitution, law, and rules of evidence.

  • Distinctions Made:

    • Admissibility vs. Weight of Evidence: Weight refers to persuasiveness; admissibility involves its relevance/competence.

Kinds of Admissibility

  • Multiple Admissibility: Evidence that serves multiple purposes.

  • Conditional Admissibility: Evidence has no apparent relevance until connected with other evidences.

Classification of Evidence

  • Direct Evidence: Complements the fact without inference.

  • Circumstantial Evidence: Forms conclusions based on inferential reasoning.

  • Cumulative Evidence: Reiterates similar evidence to support a singular proposition.

  • Corroborative Evidence: Supportive but of diverse nature.

Burden of Proof

  • Rule 131, Section 1:

    • Burden of proof lies with the party asserting facts necessary to establish a claim or defense.

    • Civil Cases: Burden is on the allegations' side to prove via preponderance.

Presumption

  • Definition:

    • Assumptions drawn from established facts; conditional and conclusive presumptions exist under law.

Judicial Notice

  • Courts take mandatory or discretionary judicial notice of certain facts (e.g. laws of nature).

Judicial Admissions

  • Section 4: Admissions made by a party during proceedings do not require proof and can only be contradicted under specific circumstances.

Examination of Witnesses

  • Sections on Examination:

    • Must occur in open court.

    • Defined order for examination: Direct, Cross-examine, Re-direct.

Offer and Objection to Evidence

  • Evidence not formally offered generally cannot be considered by the court. Continuation on specific procedural points outlining various evidence-related conducting rules.

These notes capture detailed aspects of the 2019 rules on evidence, defining key provisions and offering clarifications through illustrations, ensuring a comprehensive grasp of procedural evidence law crucial for the understanding of legal context or examinations.