Scope of Evidence

Category: Evidence

Scope of Evidence

Sec. 2. Scope- The 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.

I. General Rule- Section 2 provides the Rule on Uniformity in the Application of the Rules. The same rules shall govern the trial in the lower courts and appellate courts, in civil and in criminal cases. The reason is that the search for truth is subject to the same rules.

II. Exceptions:

A. As to whether the rules on the presentation of evidence shall be applied strictly

1. Cases covered by the Regular Procedure- the rules apply strictly

2. Cases covered by the Rules on Summary Procedure- the rules are relaxed and the procedure is abbreviated  

B. Between civil and criminal proceedings

1. As to the quantum of evidence for the plaintiff to win: proof of guilt of the accused beyond reasonable doubt vs. preponderance of evidence

2. As to the presence of the parties: in civil cases the attendance of the parties is not required and they attend on their own volition whereas in criminal cases, the presence of the accused is required unless he waived the same

3 As to the effect of the absence of a party: in civil cases, except during the pre-trial, the proceedings may proceed even in the absence of the parties whereas in criminal cases, trial cannot proceed if the accused was not notified  

4. As to the rule on confessions: this applies only in criminal cases

5. As to the effect of an offer of compromise by the defendant: in criminal cases the offer is an implied admission of guilt whereas it does not simply any liability in civil cases

6. As to the presumption of innocence: this applies only in criminal cases