PRELIMINARY MATTERS
EVIDENCE AS A SUBJECT
Evidence as a subject is just a component of the entire Remedial Law as a subject in the Bar examination. This is just a small segment of the entire Remedial Law. Particularly, in our jurisdiction, the Rules on Evidence are found in very few provisions of our Rules of Court. Although there are some other provisions found somewhere else, but primarily the Rules on Evidence are found on Rules 128, 129, 130, 131, 132, 133, so practically there are only 6 Rules constituting the entire Rules of Evidence.
EVIDENCE DEFINED
Evidence is defined as the means, sanctioned by the Rules of ascertaining, in a judicial proceeding the truth respecting a matter of fact.
ELEMENTS OF EVIDENCE
1. Evidence is just a tool/means
-it is a tool to achieve the ultimate purpose--that is, truth.
-not the end in itself
Evidence | Proof |
-means to the end | -total effect of evidence (end result) |
-medium of proof | -establishes the truth of the fact in issue |
continue reading....
-you cannot equate evidence with proof because if you have evidence, it does not mean that you have proof because evidence has to undergo certain process for it to produce the desired proof
-for example, evidence needs to go through the process of admissibility and sufficiency so that it will achieve the desired purpose of proof—to establish the truth of a fact in issue.
2. Must be sanctioned (allowed) by the Rules
-meaning, it must be such that is contemplated and allowed by the Rules.
-so, anything presented in court that is not allowed by the Rules is not evidence. That is why we have COMPETENCY—anything that is not allowed by the Rules, anything excluded by the Rules cannot be considered as evidence.
-so it has to be that allowed by the Rules for it to be considered as evidence.
3. Must be made in a judicial proceeding
-TAKE NOTE: very important element of evidence!
-when we talk of evidence, almost always, you think about judicial proceedings because as a general rule, the Rules on evidence apply only in a judicial proceeding.
JUDICIAL PROCEEDING
-meaning court, that is, bodies created by law that exercises judicial functions.
GR: the Rules on evidence shall be uniform in all courts, in all judicial proceedings.
EXC: (Rule 1, Section 4) “These Rules shall not apply to [the following judicial proceedings] election cases, land registration, cadastral, naturalization and insolvency proceedings”
EXC to EXC: by analogy or in a suppletory character and whenever practicable and convenient.
RATIONALE: because these cases are governed by their own peculiar and specific sets of rules.
SUPPLETORY APPLICATION
-the suppletory character in the application of the Rules of court, including the Rules of Evidence in these types of cases, happen in case their own Rules is silent on that specific question of procedure.
NON JUDICIAL PROCEEDINGS
GR: Rules of Evidence does not apply in non judicial proceedings.
EXC: when their own Rules provide for the suppletory application of the Rules of Court (evidence).
RATIONALE (why Rules of evidence do not apply to non judicial proceedings):
1. Because the Rules specifically says so.
2. Non judicial bodies have their own Rules of Procedure.
-their own Rules of procedure may provide 2 things, to wit:
a) expressly provide that the Rules of evidence will not apply
REYES vs. CA
Facts:
Agrarian case filed and pending before the agrarian court. Trial Court admitted the affidavits of the witnesses even if they were not presented during the trial and be subjected to cross-examination. The same was affirmed by the appellate court.
Issue: WON trial court erred in admitting the affidavits.
Ruling:
No.
The lower court committed no error because the rules governing cases filed before the agrarian court, states that 1) the rules on evidence are not applicable even in suppletory character and 2) testimonies of witnesses in the form of affidavits are admissible.
[This case illustrates a situation where the Rules adopted by a non judicial body (DARAB) expressly prohibits the application of the Rules of evidence in all cases before them, even in suppletory character]
b) expressly provide that the rules of procedure will apply in a suppletory character
-example the NLRC rules of procedure
4. To ascertain the truth
-this refers to the LEGAL TRUTH—that which the evidence says (what is proved by evidence).
-MORAL TRUTH-- if the truth coincides with the reality
5. Respecting a matter of fact
-in every litigation, there are always 2 issues: the factual and the legal issues
-the purpose of evidence, is to ascertain only the FACTUAL ISSUES
-trial is for the determination of a factual issue, evidence is for the determination of a factual issue.
-you take out the factual issue, you do not speak of evidence.
