On the Concept of Evidence

 Remedial Law; Evidence; Definition

The concept of evidence:

 Sec 1. Rule 128 of the Rules of Court States: Evidence defined - Evidence is  the means sanctioned by these rules, of ascertaining in judicial proceeding the truth respecting a matter of fact.

Evidence is not an end in itself  but merely as a "means" of ascertaining the truth of a matter of fact.

The purpose of evidence is know the "legal truth." Thus, a supposed evidence that would undoubtedly show the innocence of the accused will not be considered  in the decision of the court  if not formally offered in evidence.

When Required - When not required

Evidence is required when the court has to resolve a question of fact. Where no factual issue exists, there is no need to present evidence. Other instances where evidence is not required:
1)The pleading in civil case do not tender an issue of fact.
2)Matters of judicial notice
3)Matters judicially admitted.
4)By agreement of the parties.

Other cases rules of evidence not applicable.
The  rules of evidence, being part of the Rules of Court, apply only to judicial proceedings. (Sec.1 Rule 128, Rules of Court)

In what cases is the Rules of Court not applicable? Election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient.  (Riano 2009, p. 1-4)

Proof vs Evidence
"Proof is the effect of evidence." 


Cheerio!

-Rah