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Rule 128
General Provisions

Section 1.
Section 2.
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SECTION 1, RULE 128. Evidence defined.
– Evidence is the means, sanctioned by
these rules, of ascertaining a in a
judicial proceeding the truth respecting
a matter of fact.

SECTION 2, RULE 128. 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.
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What is evidence?
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Evidence is the means allowed by the
Rules of Court of determining in a
judicial proceeding the truth regarding
a question of fact.

The rules of evidence are specifically

applicable only in judicial proceedings.

Although sometimes, the term

“evidence” is used interchangeably with
the term “proof,” there is distinction
between the two.
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Evidence vs. Proof

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Evidence is the means to establish
proof.

Proof is the end result of evidence.

Without evidence, there is no proof.

Although there may be evidence, it may
not be equivalent to proof.
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Testimony
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While testimony is a species of evidence
referring only to evidence received
through the means of witnesses,
evidence includes all means by which a
fact in issue is established or disproved.
It may include documents as well as
tangible objects.
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Factum probandum
Factum probans
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Factum probandum refers to a fact in
issue or fact to be proved.

Factum probans refers to material

evidencing a fact.
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Classes/types/species of Evidence:

1. Autopic
2. Best evidence
3. Character evidence
4. Circumstantial evidence
5. Competent evidence
6. Conclusive evidence
7. Corroborative evidence
8. Cumulative evidence
9. Demeanor evidence
10. Demonstrative evidence
11. Direct evidence
12. Documentary evidence
13. Electronic evidence
14. Evidence aliunde
15. Exculpatory evidence
16. Expert evidence
17. Forgotten evidence
18. Hearsay evidence
19. Illegally obtained evidence
20. Inculpatory evidence
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21. Material evidence
22. Negative Evidence
23. Newly discovered evidence
24. Opinion evidence
25. Parol evidence
26. Past recollection recorded
27. Positive evidence
28. Present recollection refreshed
or present recollection revived
29. Prima facie evidence
30. Real evidence
31. Rebuttal evidence
32. Relevant evidence
33. Secondary evidence
34. Self-serving evidence
35. State’s evidence
36. Substantial evidence
37. Surrebuttal evidence
38. Testimonial evidence
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1. Autopic evidence – demonstrative
evidence: physical evidence; real
evidence; tangible evidence; visible
evidence

2. Best evidence – original document;

primary evidence; first hand
evidence

3. Character evidence – evidence of a

person’s character or traits

4. Circumstantial evidence – indirect

evidence; presumptive evidence

5. Competent evidence – evidence

admissible by law or the Rules of
Court

6. Conclusive evidence – evidence

which is incontrovertible
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7. Corroborative evidence – additional
evidence of a different kind to
prove the same fact in issue

8. Cumulative evidence – additional

evidence of the same kind to prove
the same fact in issue

9. Demonstrative evidence – real

evidence addressed directly to the
senses of the court

10. Direct evidence – evidence directly

proving a fact, like testimony of
witnesses

11. Documentary evidence – evidence

furnished by written documents,
instruments, inscriptions regarding
their existence or condition and
admissible inanimate objects
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12. Electronic evidence – electronic

document or information received,
recorded, transmitted, stored,
processed, retrieved or produced
electronically

13. Evidence aliunde – evidence from

outside or another source;
extraneous evienc

14. Exculpatory evidence – evidence

which tends to clear, justify, or
excuse a person from an alleged
fault

15. Expert evidence – testimony or

opinion given in relation to some
scientific or technical or
professional matters by experts
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16. Forgotten evidence – evidence
already in existence or available,
before or during the trial which was
known to and obtainable by the
party offering it and which could
have been presented and offered in
a reasonable manner were it not for
the oversight of forgetfulness of
such party or his counsel.

17. Hearsay evidence – second-hand

evidence

18. Illegally obtained evidence –

evidence obtained under the
Exclusionary Rule, Miranda Rule or
Fruit of the Poisonous Tree Doctrine

19. Inculpatory evidence –

incriminating evidence
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20. Material evidence – evidence which
has logical connection with,
effective influence or bearing upon
a fact in issue

21. Negative evidence – testimony of

witness which states that he did not
see or know the occurrence of a
fact

22. Newy discovered evidence – new

evidence discovered after the trial
which could not have been
discovered and produced at the
trial even with the exercise of
reasonable diligence and its
probative value, if considered,
would probably change the
judgment
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23. Opinion evidence – evidence of
what a witness thinks, believes or
infers regarding a fact in issue

24. Parol evidence – oral evidence;

verbal evidence. In a particular
sense and with reference to
contracts, agreements, deeds, will
and other writings, parol evidence
is the same as evidence aliunde or
extraneous evidence

25. Past recollection recorded – the

memorandum is being used as a
record of past recollection

26. Positive evidence – testimony of

witness which affirms that a fact did
or did not occur
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27. Present recollection refreshed or
present recollection revived – the
memorandum is being used as a
refresher of the present
recollection

28. Prima facie evidence – evidence

good and sufficient on its face,
which if unexplained or
uncontradicted, would maintain the
proposition and warrant the finding

29. Real evidence – object evidence

30. Rebuttal evidence – evidence to

rebut or contradict the other
party’s evidence

31. Relevant evidence – pertinent

evidence which tends to prove or
disprove a fact in issue
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32. Secondary evidence –

substitutionary evidence; inferior
evidence

33. Self-serving evidence 0 evidence

made by a party out of court; it
does not include a party’s
testimony as a witness in court

34. State’s evidence – testimony given

by an accomplice or joint
participant in the commission of a
crime tending to incriminate or
convict the others with promise by
the State of discharge, immunity or
lesser punishment for himself.

35. Substantial evidence – relevant

evidence which a reasonable mind
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might accept as adequate to justify
a conclusion or finding

36. Surrebuttal evidence – evidence to

further rebut or contradict a party’s
rebuttal evidence

37. Testimonial evidence –

communicative evidence; evidence
elicited from a witness
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Sources of the rules on evidence

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1. The Constitution of the Republic o the
Philippines
2. Rules 129 to 133 of the Revised Rules of
Court
3. Rule 115, Section 1 of the Revised Rules of
Court
4. Substantive laws
5. Procedural laws
6. Rulings or decisions of the Supreme Court

The Rule on Summary Procedure does not relax

the rules on evidence.

Technical rules on evidence are not applicable in

labor cases, but may apply by analogy or in a
suppletory character.

The rules of procedure cannot prevail over

substantive law.

In administrative proceedings, technical rules of

procedure and evidence are not strictly applied.
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RULE 128
Section 3
Admissibility of evidence
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SEC. 3, RULE 128. Admissibility of

evidence. – Evidence is admissible when
it is relevant to the issue and is not
excluded by the law or these rules.