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Module 1: Rule 128: General Provisions (Part I)

Topic: Rule 128: General Provisions (Part I)

Welcome Notes:

WELCOME CRIMINOLOGY STUDENTS

I. INTRODUCTION:
This module introduces the discussion on General Provisions. The following includes Evidence
Defined, Scope of Evidence, Proof and Evidence, Factum Probandum and Factum Probans, and
Classification of Evidence.

II. OBJECTIVES:

At the end of this module, you should be able to:

1. Identify Evidence and Proof
2. Determine factum probandum and factum probans
3. Differentiate Object or Real Evidence, Documentary Evidence and Testimonial Evidence

III. PRELIMINARY ACTIVITY

Before you proceed to the main lesson, test yourself in this activity.

Direction/Instruction: Complete the words to describe the meaning of the image.

Ob _ ect or Rea _ Ev _ de _ ce

Source: htttp://www.wise-geek.com/what-is-real-evidence.htm
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Module 1: Rule 128: General Provisions (Part I)

GREAT!!!

You may now proceed to the main lesson.

IV. LESSON PROPER

LET’S BEGIN!

Based on the preliminary activities, what did you notice about it?
_____________________________________________
CONGRATULATIONS!
You may now proceed to the lesson.
CRIMES AGAINST CHASTITY

GENERAL PROVISIONS (PART I)

Evidence Defined
 is statutorily defined as the means sanctioned by the Rules of Court, of ascertaining in a judicial
proceeding the truth respecting a matter of fact. (Rules of Court, Rule 128, Sec. 1; see also Bustos v.
Lucero, 81 Phil. 650; US v. Pons, 34 Phil. 733)
 is the medium by which the truth is established.
 is "any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case. A system
of rules and standards that is used to determine which facts may be admitted, and to what extent a
judge or jury may consider those facts, as proof of a particular issue in a lawsuit." (Http://legal-
dictionary.thefreedictionary.com/Evidence/last accessed December 16, 2015)

NOTE: Parties in litigation should avail themselves of all rational means of ascertaining the truth (See
Trammel v. United States, 445 U.S. 40, 100 S. Ct. 906, 63 L. Ed. 2d 186 [1980]).

Scope of Evidence
 The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise
provided by law or the rules. (Rule 128, Sec. 2)
 The rules of evidence are governed by Rules 128 to 133 of the Rules of Court which (a) determine
what evidence is admissible, (b) prescribe the manner of presenting evidence, (c) define the
qualifications of and fix the mode of examining the witnesses and (d) ascertain what matters are to be
excluded.
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Module 1: Rule 128: General Provisions (Part I)

Under Rule 1, Sec. 4 of the 1997 Rules of Civil Procedure, the Rules of Court (including the Rules on
Evidence) shall not apply to:
(1) Election Cases; (2) Land Registration; (3) Cadastral; (4) Naturalization; (5) Insolvency Proceedings;
(6) And other cases not herein provided for, except by analogy or in a suppletory character and whenever
practicable and convenient.

Proof and Evidence Defined and Distinguished

Proof is the effect or result of evidence; it is the perfection of evidence. Evidence is the medium of proof; it
is the means by which proof is established.
Proof is the end result, whereas evidence is the means to the end.

Evidence versus Proof

Evidence and proof are antonymous. They are two words apart.
Evidence is the cause; proof the effect. Evidence is the means; proof the end. There is no proof without
evidence. Evidence is the process; proof is that which is to be processed. Evidence is that which tends to
convince; proof is that which convinces. Evidence, figuratively, is the tree; proof the fruit. Yet, there may be
evidence not amounting to proof.
 The act of stabbing, for example, is evidence of fact, but it does not amount to proof until an
eyewitness is brought to court for examination and right there testifies as to how the act of stabbing is
commenced and executed.

Factum Probandum and Factum Probans

Factum probandum is the proposition sought to be established. Factum probans is the material by which
the proposition is established, or which is the evidential fact by which the factum probandum may be
proved. Evidential facts are those necessary for determination of the ultimate facts. Factum probandum is
merely hypothetical, whereas factum probans is real and existent.

Classifications of Evidence
As to the form, evidence may under the rules be classified into:
(1) Object (or Real) Evidence; (2) Documentary Evidence; and (3) Testimonial Evidence.

1. Object or Real Evidence also called as Autoptic Proference is that which is addressed to the senses of
the Court such as the bolo in the example and other objects presented to Court for its consideration and
inspection or examination.
2. Documentary Evidence is that which is supplied by writings, or derived from symbols by which ideas
are represented such as but not limited to letters, deed, or contract. For example, A stabs B using a bolo. A
picture of the bolo used in stabbing B is good example of documentary Evidence because the picture is a
symbol through which the bolo is represented.
3. Testimonial Evidence is that statement, oral or written, of a witness offered in open Court. An example
of this type is the affidavit or deposition of an eyewitness as to B's stabbing.
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Kinds of Evidence

1. Direct evidence - evidence which proves the fact in issue. It establishes the truth of a fact in question
without the aid of any inference. It is that evidence which proves a fact in issue directly without any
reasoning or inferences being drawn on the part of the fact finder. (People v. Ramos, 240 SCRA 191) For
example, when a witness sees A stab B using a bolo. The fact of stabbing is positive evidence and
addressed directly to no less than the witness' sense of sight.

2. Indirect or Circumstantial Evidence - evidence which proves a fact or series of facts from which the
fact in issue may be established by inference; any circumstance from which reason draws an inference as
to the existence of a fact unknown in relation to the fact that is known. Based on the given example,
immediately after stabbing B, a blood-drenched bolo is found in the hands of A which demonstrates
circumstantial evidence.

3. Relevant Evidence - having any value in reason as may tend to establish the probability or improbability
of a fact in question. Thus, evidence is relevant if it tends to shed light to the facts or circumstances in issue.

4. Competent Evidence that which is not otherwise excluded by law or by the rules. An eyewitness'
account that he saw A stab B is direct, positive, and competent evidence, and his credibility is beyond
question.

5. Material Evidence that which is directed to prove a fact in issue as determined by the rules of
substantive law and of pleadings. Thus, evidence is material when the fact it intends to prove is in issue.

6. Expert Evidence - testimony given by a person relative to a department of human activity in which he or
she possesses the skill and the knowledge not ordinary within the gift of ordinary men. The testimony of a
medical specialist who treated the stab wounds of B is an expert evidence.

7. Prima Facie Evidence - one which, if unexplained or uncontradicted, is sufficient to sustain the
proposition it supports or to establish the facts alleged. (Vide: Salonga v. Cruz-Pano, 134 SCRA 438
[1985| An example is the certificate of a records officer as to the existence of a medical record of B, which
may be contradicted by proof that no such record exists.

8. Conclusive Evidence - that which admits no other contradiction. It is an evidence which the law does
not accept any proof other than that which is so convincing as to be incontrovertible. The stabbing of B in
the same example if not contradicted is, by the standards of reasoning, conclusive evidence against A.

9. Self-Serving Evidence - one which has been extrajudicially made by the party to favor his interest. It
does not include the testimony he gives as a witness in court.
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10. Rebuttal Evidence -- that given to repel, overcome or contradict facts which are already givęn. It is
receivable only where new matters have been developed by the evidence of one of the parties and is
generally limited to a reply to new matters. In the same example as above, B may offer evidence to show
that A's motive in stabbing him is not in issue because proof of motive is not essential since A is positively
identified, and his participation therein is beyond doubt established.

11. Sur-Rebuttal Evidence - evidence to rebut new matter introduced in rebuttal.

12. Fabricated Evidence - one that is made up or altered after the fact with the intent to deceive the finder
of fact.

13. Cumulative Evidence - additional evidence of the same kind or character to that already given and
tending to prove the same point or proposition. A witness, in the same example, testifies that A used the
same bolo in stabbing B and another one identifies the same bolo as belonging to A as he saw him use it in
stabbing B.

14. Corroborative Evidence - additional evidence but of a different kind or character as that already given,
tending to prove the same proposition. The medical certificate of B and the testimony of an attending
physician on the findings thereon corroborate the fact of stabbing.

15. Demonstrative Evidence - evidence in the form or objects (as maps, diagrams, or models) that has in
itself no probative value but is used to illustrate and clarify the matter at issue. They need not be formally
offered and admitted as evidence.

16. Exculpatory Evidence - that which tends to clear a defendant from fault or guilt. The testimony of a
medico-therapist/psychiatrist that A in the example was an imbecile or insane when he stabbed B readily
exempts A from the charge of stabbing.

17. Primary or Best Evidence - that which gives greatest certainty as to the truth respecting a fact in issue.
The medical certificate of B is the best evidence as to all writings or entries therein stated.

18. Secondary Evidence - that which affords a degree of sufficiency to establish a fact in question only
when the best evidence is not available; any evidence other than the original document itself, e.g., (1) a
copy; (2) recital of its contents in some authentic document; (3) recollection of the witness. A machine copy
of a medical certificate in relation to B's stabbing is secondary to primary evidence and of no use until the
original is produced.

19. Positive Evidence - evidence is positive when the witness affirms that a fact did or did not occur. (See
People v. Queliza, 279 SCRA 145) An eyewitness seeing A stab B is an example of positive evidence.
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20. Negative Evidence - evidence is negative when the witness states that he did not see or know the
occurrence of a fact. (Arboleda v. NLRC, 383 SCRA 38) Denial and alibi are self-serving negative evidence.
(See People of the Philippines v. Noel Adallom y Tungue, G.R. No. 182522, March 7, 2012) A testifying
under oath and denying that he stabbed B is negative evidence, thereby joining the issue as to the fact of
stabbing.

21. Physical Evidence - refers to the thing or fact of material or corporate object which can be viewed or
inspected by the court, which a party may present as evidence. (See Tiglao v. Comelec, 34 SCRA 456)

22. Newly-Discovered Evidence - refers to evidence already in existence prior or during the trial but which
could not have been secured and presented during the trial despite reasonable diligence on the part of the
litigant offering it or his counsel. (Tumanag v. CA, 172 SCRA 328)

23. Forgotten Evidence - evidence which already existed or was available before or during the trial and
which was known and obtainable by the party concerned and could have been presented were it not for the
oversight or forgetfulness of said party. (See Al-Amanah Islamic Investment Bank of the Philippines v. CSC,
107 SCRA 801)

24. Extrinsic Evidence (or Evidence Aliunde or Extraneous Evidence) - refers to evidence from an outside
source, or that which is not contained in the body of an agreement, contract, and the like. Generally,
extrinsic evidence cannot be admitted to contradict, explain, vary or change the terms of a contract or of a
will, except in a latent ambiguity, or to rebut a resulting trust. (See John Bouvier, A Law Dictionary [1856])

25. Substantial Evidence - such amount of relevant evidence which a reasonable mind might accept as
adequate to support a conclusion.

26.Preponderance of Evidence - evidence which is more convincing to the court as worthy of belief than
which is offered in opposition thereto. (See Cavile v. Litania-Hong, G.R. No. 179540, March 13, 2009)

27.Clear and Convincing Evidence - that which establishes in the mind of a trier of facts a firm belief on
the existence of the fact in issue.

28.Evidence-In-Chief - the primary and main evidence presented by the parties to prove their cause or
defense.

We had just finished the discussion on Rule 128: General Provisions (I).
Let’s move on to the next higher level of activity/ies or exercise/s that
demonstrate your potential skills/knowledge of what you have learned.
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Module 1: Rule 128: General Provisions (Part I)

V. ANALYSIS, APPLICATION AND EXPLORATION

Activity 1
Name: _______________________________________ Course & Section: __________________
Direction: Write “E” if the statement describes Evidence and write “P” if it describes Proof.

___________ 1. It is defined as the means sanctioned by the Rules of Court, of ascertaining in a judicial
proceeding the truth respecting a matter of fact.

___________ 2. It is the medium by which the truth is established.

___________ 3. It is the result of evidence.

___________ 4. It refers to the means by which proof is established.

___________ 5. it is the end result.

Activity 2
Name: _______________________________________ Course & Section: __________________
Direction: Replaced the underlined word to make the statement correct. Rewrite your answer on the space
provided. Choices are provided.

Factum Factum probans Evidential facts Hypothetical Real and existent

probandum

1. _______________________Factum probans is hypothetical.

2. _______________________Factum probandum is merely real and existent,

3. _______________________Evidence are those necessary for determination of the ultimate facts.

4. _______________________Factum probandum is the material by which the proposition is established,

or which is the evidential fact by which the factum probandum may be proved.

5. _______________________Factum probans is the proposition sought to be established.

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Finally, let us summarize the lesson of what we had discussed today.

VI. GENERALIZATION

Name: _____________________________________ Course & Section: __________________

Directions: Explain factum probandum and factum probans by giving a scenario (2-3 sentences). Rubric is
below for reference or guide.
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Rubric:
Level Description Score
 Well written and very organized.
 Excellent grammar mechanics.
OUTSTANDING  Clear and concise statements. 9-10
 Excellent effort and presentation with detail.
 Demonstrates a thorough understanding of the topic.
 Writes fairly clear.
 Good grammar mechanics.
GOOD 7-8
 Good presentation and organization.
 Sufficient effort and detail
 Minimal effort.
 Good grammar mechanics.
FAIR 6
 Fair presentation.
 Few supporting details.
 Somewhat unclear.
 Shows little effort.
POOR  Poor grammar mechanics. 5
 Confusing and choppy, incomplete sentences.
 No organization of thoughts.

KUDOS!

You have come to an end of Module 1.

OOPS! Don’t forget that you have still an assignment to do.

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VII. ASSIGNMENT

Name: _____________________________________ Course & Section: __________________

Direction/Instruction: Fill in the blanks with the correct words. Choices are provided.

Testimonial Documentary Object or Real

Evidence addressed to the senses of the Court such as bolo in the example in our lesson and other objects
presented to Court for its consideration and inspection or examination is considered as
(1)_________________________ evidence, while a picture of bolo used by A in stabbing B is an example
of (2)_________________________ evidence.
(3)_________________________ is supplied by writings, or derived from symbols by which ideas are
represented such as but not limited to letters, deed, or contract, while testimonial evidence is that statement,
oral, or written, of a witness offered in open court.
Affidavit or deposition of an eyewitness in open court is an example of (4)_________________________
evidence, while deed or contact is an example of (5)_________________________ evidence.

After your long journey of reading and accomplishing the module, let us
now challenge your mind by answering the evaluation part of this module.

VIII. EVALUATION

Name: _______________________________________ Course & Section: __________________

Direction/Instruction: Read each sentence/situation carefully and select the letter of the correct
answer among the choices.

1. It refers to the evidence which proves the fact in issue, and establishes the truth of a fact in question
without the aid of any inference.
A. Circumstantial C. Relevant
B. Direct D. Competent
2. Evidence bears such relation to the fact in issue as to induce belief in its existence or non-existence.
A. Competent C. Relevant
B. Circumstantial D. Direct
3. It refers to the the evidence which gives greatest certainty as to the truth respecting a fact in issue.
A. Primary or Best C. Direct
B. Secondary D. Competent
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4. One of the example of ________ evidence is the testimony of a medico-therapist/psychiatrist that the
accused named Anne, was an imbecile or insane when she stabbed Vhong readily exempts the
former from the charge of stabbing.
A. Exculpatory C. Corroborative
B. Extrinsic D. Commulative
5. Evidence which, if unexplained or uncontradicted, is sufficient to sustain the proposition it supports or
to establish the facts alleged.
A. Clear and convincing C. Sur-Rebuttal
B. Rebuttal D. Prima facie
6. It refers to the evidence receivable only where new matters have been developed by the evidence of
one of the parties and is generally limited to a reply to new matters.
A. Expert evidence C. Rebuttal
B. Material D. Conclusive
7. It is an evidence to rebut new matter introduced in rebuttal.
A. Circumstantial C. Cumulative
B. Rebuttal D. Sur-Rebuttal
8. Based on the given example on question #4, immediately after stabbing Vhong, a blood-drenched bolo
is found in the hands of Anne which demonstrates what kind of evidence?
A. Indirect or Circumstantial C. Direct
B. Corroborative D. Clear and convincing
9. It is an additional evidence of the same kind or character to that already given and tending to prove the
same point or proposition.
A. Preponderance C. Proof beyond reasonable doubt
B. Corroborative D. Cumulative
10. It is an evidence which is not otherwise excluded by law or by the rules.
A. Corroborative C. Cumulative
B. Competent D. Relevant

(This evaluation will be submitted on ________________.)

CONGRATULATIONS on reaching the end of this module!

You may now proceed to the next module.
Don’t forget to submit all the exercises, activities and portfolio
on ___________________.
KEEP UP THE GOOD WORK.
Well Done!!!