EVIDENCE

BASIC PRINCIPLES - Proceedings before the NLRC

are summary in nature and
Definition (Rule 128, Section 1) decisions may be based on
REQUISITES: position papers.
- Thus, the NLRC is not
1.) The MEANS of precluded from receiving
ascertaining in a JUDICIAL evidence for the first time
PROCEEDING the truth on appeal.
respecting a matter of
fact. (Purpose) EVIDENCE, when NOT REQUIRED
2.) It must be 1.) When the pleadings in
SANCTIONED/ALLOWED by these a civil case do not
Rules. (Premise) tender an issue of fact,
Truth- the legal or judicial a trial need not be
truth, NOT the actual truth. conducted, since there
is no more reason to
SCOPE and APPLICABILITY of the present evidence. Thus,
ROE the case is then ripe
for judicial
- PRINCIPLE OF UNIFORMITY-
determination. HOW?
ROE shall be the same in
THROUGH a judgment on
all courts and in all
the pleadings (R34).
trials and hearings (R128
2.) By the agreement of
S2)
the parties (R30 S6)
- NON-APPLICABILITY: Election 3.) On matters of
Cases, Land Registration, judicial notice (R129
Cadastral, Naturalization, S1)
Insolvency Proceedings. 4.) On matters judicially
Note: admitted (R129 S4)
5.) When the law presumes
- The general rule is that the truth of a fact.
administrative agencies are (Article 1756 and 1735)
not bound by the technical 6.) When a rule presumes
rules on evidence. It can the truth of a fact.
choose to give weight or (R131)
disregard evidence
depending on its Rules on Electronic Evidence
trustworthiness. - Not only applies to
- The technical rules of judicial proceedings but
evidence are not binding on also to quasi-judicial and
labor tribunals. administrative cases.
 - Ephemeral communications the offense
(ex. telephone charged
conversations, text (R130 S33)
messages, chat room
sessions) are now Evidence of the Prosecution
admissible. (Bartolome vs. moral character is not
(good or bad) of allowed to
Maranan)
a party is prove the
DISTINCTIONS BETWEEN EVIDENCE IN admissible as bad moral
CIVIL AND CRIMINAL CASES long as it is character of
pertinent to the the accused
CIVIL CASES CRIMINAL issue of even if it
CASES character is pertinent
Preponderance of Proof beyond involved in the to the moral
evidence (R133 reasonable case (R130 trait
S1) doubt (R133 S51(b)) involved. It
S2) can only do
Offer of GR: Offer of so in
compromise is not compromise rebuttal
an admission of by the (R130 S51
any liability. It accused may [a][2].
is not an be received Rule on DQ by It does not
admissible in in evidence reason of death apply.
evidence against as an or insanity (R130
offeror. implied S23) applies.
admission of Privileged It does not
guilt (R130 communication apply.
S27) rule on patient-
XPN: Quasi- physician
offenses relationship.
(Criminal It does not The rule on
Negligence) apply. admission by
or those a
allowed by conspirator.
law to be The rule on EJC The rule on
compromised does not apply to extrajudicia
Constitutional It applies. a defendant in a l confession
presumption of (Art. III, civil case. applies to
innocence does S14) the accused
not apply. in a
Term used is criminal
“admission” NOT case.
confession.
NOTE:
 Confession-
declaration 1. Proof vs. Evidence
of an 2. Factum probans vs. Factum
accused probandum.
acknowledgi
3. ROE must be liberally
ng his
guilt of construed.
 4. No vested right in the ROE.
5. ROE may be waived.

ADMISSIBILITY OF EVIDENCE