REVISED RULES ON EVIDENCE, relevant to the issue and is not

AS AMENDED excluded by the Constitution, the

A.M. No. 19-08-15-SC
Took effect on May 1, 2020
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.
law or these Rules.
- Evidence is admissible when it
is relevant and competent;
otherwise, an objection must
be raised.
- Evidence must be relevant,
competent, and material.

- Evidence refer to proof of

factual issues.
- Evidence signifies a
relationship between two
facts, namely, FACTUM
PROBANS and FACTUM
PROBANDUM. (1) Factum
probandum or ultimate fact
refers to the fact or
proposition to be established;
and (2) Factum probans or
evidentiary fact refer to the
facts or material evidencing
the fact or the proposition to
be establish.
- Without evidence, there is no
proof.
- Proof is the probative effect of
evidence.
- [Take Note: Rules on
Electronic Evidence apply to
all civil cases, quasi-judicial
and administrative
proceedings.]
- A testimony that a fact exists
enjoys more weight than a
testimony that assures that
the same fact does not exist.

SEC. 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.

- This provision is called the

principle of uniformity.

SEC. 3. Admissibility of evidence.

– Evidence is admissible when it is