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
Classification of Evidence According to Form
1. Objective or Real Evidence
directly addressed to the senses of the court and consist of
tangible things exhibited or demonstrated in open court, in an
ocular inspection, or at place designated by the court for its
view or observation of an exhibition, experiment or demonstration.
This is referred to as autoptic preference.
2. Documentary Evidence
evidence supplied by written instruments or derived from
conventional symbols, such as letters, by which ideas are
represented on material substances.
3. Testimonial Evidence
is that which is submitted to the court through the testimony or
deposition of a witness.
evidence having any value in reason as tending to prove any matter
provable in an action. The test is the logical relation of the
evidentiary fact to the fact in issue, whether the former tends to
establish the probability or improbability of the latter.
evidence directed to prove a fact in issue as determined by the rules
of substantive law and pleadings. The test is whether the fact it
intends to prove is an issue or not. AS to whether a fact is in issue
or not is in turn determined by the substantive law, the pleadings,
the pre-trial order and by the admissions or confessions on file.
Consequently, evidence may be relevant but may be immaterial in the
one that is not excluded by this Rules, a stature or the Constitution.
that which proves the fact in dispute without the aid of any
inference or presumption.
is the proof of a fact or facts from which taken either singly or
collectively, the existence or a particular fact in dispute may be
inferred as a necessary or probable consequence.
evidence of the same kind and to the same state of facts.
is additional evidence of a difference character to the same point.
Prima Facie Evidence
that which is standing alone, unexplained or uncontradicted, is
sufficient to maintain the proposition affirmed.
the class of evidence which the law does not allow to be contradicted.
that which the law regards as affording the greatest certainty of the
fact in question. Also referred to as the best evidence.
that which is inferior to the primary evidence and is permitted by
law only when the best evidence is not available. Known as the
when the witness affirms that a fact did or did not occur. Entitled
to a greater weight since the witness represents of his personal
knowledge the presence or absence of a fact.
when the witness did not see or know of the occurrence of a fact.
There is a total disclaimer of persona knowledge, hence without any
representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to
exclude the existence of fact sworn to by the other side.
What do the rules of evidence determine?
All rights and liabilities are dependent upon and arise out of facts.
Every judicial proceeding whatever has for its purpose the ascertaining
of some right or liability. If the proceeding is Criminal, the object
is to ascertain the liability to punishment of the person accused.
If the proceeding is Civil, the object is to ascertain some right of
property or status, or the right of one party and the liability of
other to some form of relief.
Two branches of the law of procedure
1. The law of the pleadings which determines the questions in a
dispute between the parties
2. The law of evidence, which determines how the party can convince
the court of the existence of facts which according to the provisions
of substantive law, would establish the existence of the right or
liability which they allege to exist.
Why should the rule of evidence be uniform?
1. The relation between the evidentiary fact and a particular proposition
is always the same, without regard to the kind of litigation in which
that proposition becomes material to be proved.
2. If the rules of evidence prescribe the best course to arrive at the
truth, that must be and are the same in all civilized countries.
Differences in the Rules of Evidence in Criminal and Civil Cases
1. Criminal Cases
The accused attends by compulsion
Parties attend by accord
2. Criminal Cases
Presumption of innocence attends the accused throughout the trial
until the same has been overcome by prima facie evidence of his
There is no presumption as to either party.
3. Criminal Cases
It is an implied admission of guilt.
An offer to compromise does not as a general rule amount to an
admission of liability.
4. Criminal Cases
Guilt beyond reasonable doubt
Must prove by preponderance of evidence: Reason is that there is
no presumption and due to the fact that the proof will only result
in a judgment of pecuniary damages or establish Civil Right.
Any evidence inadmissible according to the laws in force at the time
the action accrued, but admissible according to the laws in force at
the time of the trial, is receivable. There is no vested right of
property in rules of evidence.
Reason: The rules of evidence are merely methods for
ascertaining facts. It must be supposed that change of law
merely makes it more likely that the fact will be truly
ascertained, either by admitting evidence whose former
suppression or by suppressing evidence helped to conceal the
There are rules of evidence established merely for the protection of
the parties. If according to the well-established doctrine, the
parties may waive such rules during the trial of a case, there is no
reason why they cannot make the waiver in a contract. However, if the
rule of evidence waived by the parties has been established by law on
grounds of public policy, the waiver is void.