1. GENERAL PRINCIPLES OF EVIDENCE 1.

CONCEPT OF EVIDENCE

EVIDENCE is the means sanctioned by the Rules of Court, of ascertaining in a judicial

proceeding the truth respecting a matter of fact (Rule 128, Sec.1)

2. SCOPE OF THE RULES OF EVIDENCE

The rules on evidence, being components of the Rules of Court, apply only to judicial
proceedings. (see Sec.1, Rule 128) General Rule: The rules of evidence shall be the same in all
courts and in all trials and hearings.

Exception: Except as provided by law or by the Rules of Court (Rule 128, Sec. 2) [NICOLE]

1. Naturalization Proceedings
2. Insolvency Proceedings
3. Cadastral Proceedings
4. Land Registration Cases
5. Election Cases (Rule 1, Sec. 4)

Except by analogy or in a suppletory character and whenever practicable and convenient (Rule
1, Sec. 4)

Applicability

The rules on evidence, being part of the Rules of Court, apply only to judicial (as opposed to
administrative or quasi-judicial proceedings).
Judicial Proceedings include:

a. Civil – includes Ordinary and Special Civil Actions

b. Criminal
c. Special Proceedings

When NOT Applicable

It does not apply to administrative or quasijudicial proceedings as administrative bodies are not
bound by the technicalities of the rules obtaining in the courts of law. (El Greco Ship Manning
and Management Corporation v. Commissioner of Customs, G.R. No. 177188, 2008)
EXCLUSIONS UNDER THE CONSTITUTION, LAWS, AND RULES OF COURT

Rules of Exclusion Governed by the Rules or by Statute and Constitution.

Some Exclusionary Rules 1. 1987 Constitution, Article III

Section 2 The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
Section 12 (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence of
counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited. (3) Any confession or admission obtained in violation
of this or Section 17 hereof shall be inadmissible in evidence against him. (4) The law shall
provide for penal and civil sanctions for violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and their families.

Section 3 (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by
law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.

Section 17 No person shall be compelled to be a witness against himself.

SUBSTANTIVE LAW

RA 9165 - Comprehensive Dangerous Drugs Act of 2002 - Accused was subjected to a drug test
as a result of his apprehension which was conducted in violation of Section 21, R.A. 9165.
Section 21, R.A. 9165 is a statutory exclusionary rule of evidence, bearing in mind that, under
the Rules of Court, 'evidence is admissible when it is relevant to the issue and is not excluded by
law or these rules (Office of the Court Administrator v. Guico, Jr., A.M. No. P12-3049, June 29,
2021)

RA11055

RA8353

RA9745 Anti-Torture Act - Any confession, admission or statement obtained as a result of

torture shall be inadmissible in evidence in any proceedings, except if the same is used as
evidence against a person or persons accused of committing torture.

RA11479 – Anti – Terrorism Act - Any listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words, or any part or parts thereof, or
any information or fact contained therein, including their existence, content, substance, purport,
effect, or meaning, which have been secured in violation of the pertinent provisions of this Act,
shall be inadmissible and cannot be used as evidence against anybody in any judicial, quasi-
judicial, legislative, or administrative investigation, inquiry, proceeding, or hearing.

RA4200

RA1405 Law on Secrecy of Bank Deposits - All deposits of whatever nature are absolutely
confidential and may not be examined, inquired, looked into except upon written permission of
the depositor, or in cases of impeachment, or upon order of a competent court in cases of bribery
or dereliction of duty of public officials or in cases where the money is the subject matter of
litigation.

RA9208 as amended

RA10175

RA8792

NIRC - Lack of documentary stamp tax to documents - Lack of documentary stamp tax to
documents required to have one makes such document inadmissible as evidence in court until
the requisite stamp/s shall have been affixed thereto and cancelled; (Sec 20)

Intellectual Property Code

Insurance Code
PROCEDURAL RULES
ADMISSIBILITY OF EVIDENCE

REQUISITES (RULE 128) The Evidence MUST Be:

1. Relevant – Must have such a relation to the fact in issue as to induce belief in its existence or
non-existence.

2. Competent – Not excluded by the Rules on Evidence, the law or the Constitution

AXIOM OF RELEVANCY AXIOM OF COMPETENCY

Admissibility vs. Credibility

Admissibility of evidence is determined by the concurrence of the two requisites of relevancy
and competency. Credibility is a matter for the court to appreciate (People vs. Abellera, G.R. No.
23533, August 1, 1925)

Question of Law v Question of Fact

A question of law arises when there is doubt as to what the law is on a certain state of facts,
while there is a question of fact when the doubt arises as to the truth or falsity of the alleged
facts.

Kinds of Admissibility

Multiple Admissibility

Where the evidence is relevant and competent for two or more purposes, such evidence should
be admitted for any or all purposes for which it is offered provided it satisfies all the
requirements of law for its admissibility (Regalado, 2008)

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. (Regalado, 2008)

Curative Admissibility
It allows a party to introduce otherwise inadmissible evidence to answer the opposing party’s
previous introduction of inadmissible evidence. (Riano, 2019)

DIRECT OR CIRCUMSTANCIAL
EVIDENCE

POSTIVE AND NEGATIVE EVIDENCE

IN CIVIL CASES: The plaintiff has the burden of proof to show the truth of his allegations if
the defendant raises a negative defense. The defendant has the burden of proof if he raises an
affirmative defense on the complaint of the plaintiff. (Jimenez v. NLRC, G.R. No. 116960,
1996)

IN CRIMINAL CASES: The burden of proof is on the prosecution by reason of the presumption
of innocence. In cases of self-defense, the burden of evidence shifts to the accused to show that
the killing was legally justified.

Weight of evidence refers to the balance of

evidence and in whose favor it tilts. This
depends on the judicial evaluation within the
guidelines provided by the rules and by
jurisprudence.

Sufficiency of evidence refers to the

adequacy of evidence. Evidence is relevant if
it indicates a relationship between facts that
increases the probability of the existence of
the other. A trier of fact (judge or jury)
determines the sufficiency or weight of the
given evidence