Below is a comprehensive discussion of the scope of the Rules on Evidence under Rule 128 of the Philippine Rules of Court, as amended by the 2019 Revised Rules on Evidence. This write-up focuses on the general provisions and principles governing the applicability of the rules, in line with your stated topic: REMEDIAL LAW, LEGAL ETHICS & LEGAL FORMS > EVIDENCE > A. General Provisions and Principles (RULE 128) > 2. Scope of the Rules on Evidence.

I. Introduction

Evidence law in the Philippines is primarily governed by the Rules of Court, particularly Rules 128 to 134, collectively referred to as the Revised Rules on Evidence (with 2019 amendments). Rule 128 lays the general groundwork—defining what evidence is, how it is presented, and the extent of its applicability.

The scope provisions clarify when, where, and to what proceedings the Rules on Evidence apply. Although these rules are generally observed in both civil and criminal cases, certain exceptions or modifications can apply, especially if special laws, court issuances, or procedural rules expressly provide otherwise.

II. Textual Basis and Structure of Rule 128

A. Section 1 of Rule 128 – Evidence Defined

While Section 1 primarily provides the definition of evidence (“Evidence is the means, sanctioned by these Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.”), it also underscores that the tools and methods recognized by law (and these Rules) must be used to prove a fact in dispute. This definition is central to understanding the scope because it explains the nature of the “means” or “modes of proof” that are governed by the Rules of Evidence.

B. Section 2 of Rule 128 – Scope

Section 2 states that the rules of evidence “shall be the same in all courts and in all trials and hearings.” This is the critical scope provision. However, the same section also provides that the rules may be supplemented, superseded, or excepted by:

Special Laws or Regulations – Certain laws enact their own set of rules of procedure and evidence (e.g., the Labor Code and its implementing rules, special rules for Family Courts, and so forth).
Rules Promulgated by the Supreme Court – The Supreme Court can issue rules that modify or provide exceptions to the general rules on evidence (e.g., the Rule on Summary Procedure, the Rule on Small Claims Cases, rules in environmental cases, etc.).
Local or Administrative Rules – In administrative and quasi-judicial bodies, the Rules of Court on evidence may apply in a suppletory manner, or those bodies may adopt more relaxed or different evidentiary guidelines by virtue of their enabling laws or internal rules.

Hence, the scope provision clarifies that the Revised Rules on Evidence apply to all judicial proceedings in Philippine courts but remain subject to specific exceptions enacted by laws or by specialized rules.

III. Applicability in Various Proceedings

A. Civil Cases

In civil cases, the Rules of Court apply in full, including the Revised Rules on Evidence. The adversarial system focuses on the presentation of evidence by both parties, tested through direct and cross-examination. Parties must follow these rules strictly unless certain summary proceedings or special rules (e.g., small claims, summary procedure) apply, which may simplify or abbreviate evidentiary requirements.

B. Criminal Cases

The Rules of Evidence also apply in criminal proceedings, subject to constitutional safeguards (e.g., presumption of innocence, right to confront witnesses). Notably:

The quantum of proof (beyond reasonable doubt in criminal cases) influences how evidence is weighed but does not alter the general evidentiary rules on admissibility.
Specific provisions of the Revised Rules of Criminal Procedure may modify how evidence is offered and admitted in certain phases (e.g., Rule 119 on trial, etc.).

C. Special Proceedings and Special Cases

“Special proceedings” (e.g., settlement of estate, adoption, guardianship, habeas corpus) generally use the Revised Rules on Evidence unless a special rule or law dictates otherwise. Similarly, special courts like Family Courts or certain special rules for environmental protection may adopt specialized procedures but still typically rely on the fundamental principles found in Rules 128 to 134, unless expressly excluded.

D. Administrative and Quasi-Judicial Proceedings

While the Rules of Evidence do not strictly bind administrative agencies or quasi-judicial bodies, Section 2 of Rule 128 indicates that where these bodies adopt or apply the rules (either mandatorily or suppletorily), they do so to ensure fair play. Often, the principle is that technical rules of evidence may be relaxed in administrative bodies, but rules on due process and substantial evidence must be observed.

E. Exceptions Due to Special Rules or Laws

When a special law or Supreme Court rule provides a distinct set of evidentiary rules, that special law or rule controls. For instance:

Small Claims Cases: The Revised Rules on Small Claims Procedure allow a more informal and streamlined approach to the presentation of evidence, often disallowing extensive oral testimony.
Environmental Cases: The Rules of Procedure for Environmental Cases may impose unique evidentiary rules regarding environmental protection, scientific evidence, burden of proof, and so forth.
Family Court Proceedings: The Family Courts Act (R.A. No. 8369) and its implementing rules may modify or supplement the standard evidence rules in cases involving minors or family matters (e.g., the use of protection orders, confidentiality, etc.).

IV. Guiding Principles Underlying the Scope of the Rules on Evidence

Uniform Application: The Rules of Court (including the rules on evidence) are intended to be applied uniformly in all courts of law, ensuring consistency and predictability.
Flexibility and Exceptions: While the rules are uniform, they are not absolute. Courts are vested with the discretion to relax or vary the application when warranted by special laws, specific proceedings, or to serve the interests of justice.
Supplementary Nature: In the absence of specific provisions in special laws or procedural rules, the Revised Rules on Evidence apply suppletorily.
Promotion of Truth and Justice: The overarching purpose of evidence law is the ascertainment of truth to resolve judicial controversies fairly. This principle justifies both the general application of the rules and the occasional need for exceptions.

V. Notable Jurisprudence Related to the Scope

Garcia v. Sandiganbayan
- The Supreme Court reiterated that strict application of the rules of evidence in criminal cases can be moderated by constitutional provisions ensuring fairness, including the rights of the accused.
Heirs of Ypon v. Gaas
- Stressed that while the Rules of Court apply in civil proceedings, the court can suspend strict compliance with the rules in meritorious cases to serve substantial justice, particularly where a rigid application would lead to inequitable results.
Ang Tibay v. Court of Industrial Relations
- A classic case underscoring that administrative bodies are not strictly bound by technical rules of evidence but must still observe fundamental due process.
Family Courts Cases
- Numerous decisions highlight that while Family Courts follow the Rules on Evidence, the sensitive nature of cases involving minors or family matters sometimes necessitates in camera proceedings or specialized protective measures (e.g., People v. Spouses Lim, regarding child witnesses).

VI. Practical Implications and Reminders

Always Check Special Rules
Before relying on the general rules on evidence, confirm if there is a special rule or law that modifies or overrides them.
Offer of Evidence
Even though the scope is broad, litigants must remember that all evidence must be formally offered (Rule 132, Section 34). The scope dictates to whom and when the rules apply, but how evidence is introduced in court is also integral.
Proceeding Type Matters
Identify if the proceeding is civil, criminal, special, or administrative. This directly affects the formality and strictness of evidentiary rules.
Court Discretion
Courts may relax or strictly apply the rules based on the circumstances, provided fundamental rights and due process are observed.
2019 Amendments
The 2019 Revised Rules on Evidence introduced updates on the rules concerning electronic evidence, judicial affidavits, and more. However, these changes do not alter the scope provisions of Rule 128 in any drastic manner; they primarily refine definitions, introduce modern approaches (e.g., electronic documents, digital evidence), and clarify existing practices.

VII. Conclusion

The scope of the Rules on Evidence under Rule 128 is both broad and foundational:

Broad, because it covers “all courts and all trials and hearings” in the judicial system of the Philippines, subject to due process and the uniform standards that govern the admissibility of evidence.
Foundational, because it provides the anchor for how evidence is defined and used, influencing subsequent rules on presentation, admissibility, and weight.

However, practitioners must always be vigilant about special laws, Supreme Court rules, and particular procedural settings that may modify or supplement the general rules. The ultimate objective remains the truthful and fair adjudication of disputes under a regime that respects the rights of litigants, ensures fair play, and upholds the ends of justice.

Disclaimer: This discussion is provided for general informational purposes only and does not constitute legal advice. For specific applications or unique factual situations, it is recommended to consult with legal counsel or review the relevant laws, jurisprudence, and the latest Supreme Court issuances.Below is a comprehensive discussion of the scope of the Rules on Evidence under Rule 128 of the Philippine Rules of Court, as amended by the 2019 Revised Rules on Evidence. This write-up focuses on the general provisions and principles governing the applicability of the rules, in line with your stated topic: REMEDIAL LAW, LEGAL ETHICS & LEGAL FORMS > EVIDENCE > A. General Provisions and Principles (RULE 128) > 2. Scope of the Rules on Evidence.