Below is a comprehensive, straight-to-the-point discussion on the definition of evidence under Rule 128 of the Philippine Rules of Court, incorporating relevant principles, jurisprudence, and commentary to give you a meticulous understanding of this foundational concept in Philippine remedial law.

I. Definition of Evidence Under Rule 128

A. Text of the Rule

Rule 128, Section 1 of the Rules of Court (as amended) provides the standard definition of evidence in the Philippines:

“Evidence is the means, sanctioned by these Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.”

This succinct statement highlights three critical elements:

Means – refers to any mode or method accepted by law to prove the existence or non-existence of a fact.
Sanctioned by these Rules – underscores that only evidence allowed by the Rules of Court (and other applicable laws/statutes) may be used in court.
Ascertain the truth – emphasizes that the ultimate purpose of evidence is to guide the court in discovering the truth of disputed factual issues.

II. Rationale and Purpose

Quest for Truth
Courts rely on evidence to determine the truth or falsity of the factual allegations raised in pleadings. It is the judicial mechanism that ensures litigation is decided based on facts established by proper and reliable means.
Due Process
The rules on evidence form part of procedural due process. By carefully defining the manner of presenting and evaluating evidence, the legal system seeks to protect the rights of parties and ensure fairness.
Efficiency in Litigation
Clear rules on what constitutes evidence and how it must be presented promote efficiency in trials, saving time and resources by limiting admissibility to relevant and competent proof.

III. Nature and Scope of Evidence

Nature
- Evidence is not proof itself; rather, it is the means to establish proof. Proof is the result or effect of evidence in persuading the mind of the court as to the existence of a fact.
- Evidence must be legally permissible; that is, it must comply with the Rules of Court, existing laws, and jurisprudence.
Scope
- Rule 128, Section 2 provides that the Rules of Evidence govern in all courts and trials/hearings in the Philippines, unless otherwise provided by law or by special rules (e.g., special evidentiary rules in specialized proceedings like family law, environmental cases, election cases, or administrative proceedings).

IV. Basic Principles Arising from the Definition

Relevance and Admissibility
- Rule 128, Section 3 provides that evidence is admissible only if it is relevant to the issue and not excluded by the law or the Rules.
- Relevance means the evidence must have a direct or indirect bearing on the issue in dispute.
- Materiality focuses on whether the fact sought to be proved is significant to the resolution of the case.
- Competence pertains to whether the evidence is acceptable under the Rules (i.e., it is not excluded by any rule, such as the rule against hearsay or privileged communication).
Burden of Proof and Quantum of Evidence
- In civil cases, the burden of proof is on the plaintiff (or party asserting a claim), typically needing a preponderance of evidence (i.e., superior weight of evidence as opposed to mere number of witnesses).
- In criminal cases, the burden is on the prosecution, requiring proof beyond reasonable doubt to secure a conviction.
Presumption of Regularity and Other Presumptions
- Philippine law and jurisprudence recognize certain presumptions (like the presumption of innocence in criminal cases or the presumption of regular performance of official duties). Such presumptions affect the burden and manner of presenting evidence but are still subject to rebuttal by competent and credible countervailing evidence.

V. Classification of Evidence

Although Rule 128 focuses on the broad definition of evidence, understanding the types of evidence helps clarify how “the means” of ascertaining truth are categorized. Under Philippine law and jurisprudence, evidence is commonly classified as follows:

Testimonial Evidence
- Statements made by a witness under oath in court (or through depositions and other allowable modes of testimony).
- Must comply with rules on competency (the witness must be competent to testify) and on credibility (the witness must have personal knowledge, and the testimony must be believable).
Documentary Evidence
- Written or recorded evidence offered to prove the contents therein.
- Governed by specific rules like the Best Evidence Rule (Rule 130, Section 3) and the Parol Evidence Rule (Rule 130, Section 10).
- Includes electronically stored information (ESI), which is increasingly recognized and governed by the Rules on Electronic Evidence (A.M. No. 01-7-01-SC, as amended).
Object (Real) Evidence
- Material or physical items presented in court for inspection (e.g., a weapon used in the commission of a crime, physical documents, articles of clothing).
- Demonstrative evidence like photographs, videos, maps, or physical objects that clarify factual matters at issue.
Circumstantial Evidence
- Indirect evidence that infers the existence or non-existence of a fact in dispute based on related or surrounding circumstances.
- Philippine jurisprudence allows conviction in criminal cases based on circumstantial evidence provided it meets the required number of circumstances and such circumstances form an unbroken chain pointing to the accused’s guilt.

VI. Evidentiary Concepts Stemming from the Definition

Proof vs. Evidence
- Evidence is the means; proof is the result. A certain quantum of evidence becomes convincing or “proof” in the mind of the judge or jury, leading to a finding of fact.
Direct vs. Indirect Evidence
- Direct Evidence: Proves a fact in issue without the need for inference (e.g., an eyewitness account of the crime).
- Indirect or Circumstantial Evidence: Requires inference or presumption to conclude a fact in issue.
Primary vs. Secondary Evidence
- Primary (Best) Evidence: The original document or object itself.
- Secondary Evidence: Substitutes for the original (e.g., photocopy, testimony about the contents of a lost document) and is allowed only under specific conditions enumerated in the Rules (e.g., upon proof that the original has been lost or destroyed without bad faith).
Real vs. Demonstrative vs. Testimonial Evidence
- Real (object) evidence is the actual physical thing involved in the transaction.
- Demonstrative evidence is a representation—such as charts, maps, models—to illustrate or clarify facts or testimony.
- Testimonial evidence, as discussed, is given orally under oath.

VII. Role of the Courts and Lawyers in Presenting Evidence

Duty of the Court
- The court acts as the trier of facts, assessing the admissibility of the proffered evidence, determining its relevance, and ultimately weighing its probative value.
- Judges must ensure that evidence conforms to the rules and that parties are given a fair chance to present their cases.
Duty of Lawyers
- Lawyers must properly identify, gather, and present evidence that supports their client’s claims or defenses.
- They have to ensure compliance with the procedural and ethical rules concerning evidence—e.g., they cannot present fabricated or false evidence.
- They must make timely objections to inadmissible or improper evidence offered by the opposing party.

VIII. Legal and Ethical Considerations

Professional Responsibility
- Under the Code of Professional Responsibility, a lawyer has the duty to represent their client zealously within the bounds of law, which includes ensuring that the evidence presented is legally obtained, relevant, and not perjured.
Exclusionary Rules
- Lawyers should be aware of constitutional exclusions (e.g., those arising from illegal searches and seizures in violation of the Bill of Rights).
- Evidence obtained in violation of constitutional rights is generally inadmissible (the “fruit of the poisonous tree” doctrine).
Candor Toward the Tribunal
- The lawyer must refrain from knowingly offering false evidence and is duty-bound to correct any false statement of material fact that the lawyer previously presented if the lawyer discovers the falsity.

IX. Practical Insights

Relevance is King
- Even if evidence is the “best” possible proof in form (e.g., an authenticated original document), it is useless if irrelevant. Always connect each piece of evidence to the ultimate facts in issue.
Proper Preservation and Foundation
- Lawyers must ensure that evidence is properly preserved (e.g., chain of custody in criminal cases).
- Before a piece of evidence can be admitted, the proponent must lay the proper foundation to show its authenticity, relevance, and competence.
Timely Objections
- Failure to object to an inadmissible piece of evidence can be tantamount to waiver, and the evidence may be considered by the court. Vigilance in making contemporaneous objections is essential.
Weight vs. Admissibility
- Admissibility is a threshold question: “Can it be accepted by the court under the Rules?”
- Weight (Probative Value) is the court’s assessment of how convincing or persuasive the evidence is once admitted.

X. Conclusion

The definition of evidence under Rule 128—that it is the means sanctioned by the Rules to ascertain truth—lays the foundation for all other evidentiary rules and principles in Philippine jurisprudence. It reminds us that:

Evidence must conform to procedural rules;
It must be relevant, material, and competent;
Its primary function is to bring the court closer to the factual truth of the dispute; and
Lawyers and judges share the responsibility of ensuring that only proper, credible, and lawful evidence influences the outcome of judicial proceedings.

When properly understood and applied, Rule 128’s definition of evidence ensures that justice is grounded on facts proven by legitimate means, guaranteeing fairness, due process, and the rule of law in Philippine courts.

Key Takeaway:

**“Evidence” is not merely what a party claims or presents; it must meet the strictures of relevancy, materiality, and competence under the Rules of Court. Understanding its definition and guiding principles is crucial to effectively advocate, defend, and uphold the administration of justice in the Philippines.**Below is a comprehensive, straight-to-the-point discussion on the definition of evidence under Rule 128 of the Philippine Rules of Court, incorporating relevant principles, jurisprudence, and commentary to give you a meticulous understanding of this foundational concept in Philippine remedial law.