DEFINITION
- the means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact. (Rule 128, Sec. 1.)
SCOPE
OF
APPLICABILITY
- 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. (Rule 128, Sec 2.)
Notes:
- The Rules on Evidence apply only when there is going to be a trial.
- Note that there can be a judgment on pleadings, by confession, consent and compromise etc. IN CIVIL CASES.
- Mere denial in the answer in a CIVIL CASE will not present a probandum hence no need for the court to try the case. Such general denial will be considered as an admission.
- In CRIMINAL CASES, We have to wait until the accused enters a plea. This time a general denial is allowed. If the accused enters a plea of guilty there is no probandum. However in CRIMINAL CASES, the court could still try the case if the case involves a heinous crime.
- The Rules on evidence are not self-executing. So the rule is any evidence submitted will be admitted so long as there is no objection. This principle is only for the purpose of admissibility. It does not mean that the court will take these irrelevant evidence in evaluating on the merits of the case.
DIFFERENCE
IN
RULES
ON
EVIDENCE
IN
CRIMINAL
CASES
AND
CIVIL
CASES
BASIS
|
Criminal
Case
|
Civil
Case
|
Quantum
of
Proof
|
Proof
Beyond
Reasonable
Doubt
|
Preponderance
of
evidence
|
Denial
|
General
Denial
Allowed
|
Must
be
Specific
Denial
|
Withdrawal
of
Plea/Admission
|
Withdrawn
plea
is
inadmissible
|
Judicial
Admission
withdrawn
becomes
an
extra-judicial
admission
|
Cross
Examination
in
Summary
Procedure
|
Applicable
|
Not
applicable
|
Equiponderance
Rule
|
Accused
is
acquitted
|
Party
who
loses
is
the
one
who
has
burden
of
proof
|
Presence
of
Circumstantial
Evidence
|
More
than
one
is
required
|
One
suffices
|
Priviliged
Communication-
Dr.-Patient
|
Not
applicable
|
Applicable
|
Compulsion
as
a
witness
|
Cannot
compel
accused
to
be
a
witness
|
No
prohibition,
rules
provides
only
limitations
|
EVIDENTIARY
PRIVILEGE
- entitles the privilege holder to withhold competent evidence and, in some circumstances, to prevent others from revealing such evidence. The privilege is granted when the protected interest is considered important enough to outweigh the concern with determining the truth. The privilege holder need not be a party to the proceeding in question. Unlike a disqualification, a privilege can be waived. Privileges are often intended to preserve confidential relationships.
EXECUTIVE
PRIVILEGE
- members of the executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations or procedures of the executive branch.
FACTUM
PROBANDUM
vs.
FACTUM
PROBANS
- Factum Probandum- proposition to be established. The fact/s in issue.
- Factum Probans - materials evidencing the proposition
Notes:
- In both CIVIL and CRIMINAL cases, the probandum contained in the pleadings could be changed in the pre-trial order. However, with respect to CRIMINAL CASES, the pre-trial order SHOULD NOT substantially change the accusation/indictment contained in the information, otherwise the case will be dismissed.
- A court can validly try a fact in issue not raised in the pleadings or pre-trial order. Rule 10 provides that a fact in issue may be raised with the express or implied consent of the parties during the trial (Amendment to conform to evidence)
- Ascertainment of probandum does not apply in special proceedings. (i.e. If there is a petition for probate of a will, even if there is no opposition the petitioner is still required by law to prove that the will has been duly executed in accordance with the Civil Code)
EVIDENCE
vs.
PROOF
- Proof - is the effect of evidence. It is the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the latter.
- Evidence - is the cause necessary to establish proof.