Evidence

Evidence SCANNER Normal JOJO 3 9 2002-01-14T03:26:00Z 2002-01-15T11:08:00Z 1 232 1326 SC 11 2 1628 9.2720 120

EVIDENCE

Basic Principles and Selected Problems

1. WHEN EVIDENCE IS NECESSARY

Evidence is the means of proving a fact. It becomes necessary to present evidence in a case when the pleadings filed present factual issues. Factual issues arise when a party specifically denies material allegations in the adverse party's pleading. These are the issues which the judge cannot resolve without evidence being presented thereon. Thus, whether a certain thing exists or not, whether a certain act was done or not, whether a certain statement was uttered or not, are questions of fact that require evidence for their resolution. Questions of fact exist when the doubt or difference arises as to the truth or falsehood of alleged facts. 1 Other than factual issues, the case invariably presents legal issues. On the other hand, a question of law exists when the doubt or difference arises as to what the law is on a certain state of facts. Legal issues are resolved by simply applying the law or rules applicable, or interpreting the law applicable considering the facts of the case. Generally, no evidence need be presented on what the applicable law is. Everyone, including the judge, is presumed to know the law.

When the parties' pleadings fail to tender any issue of fact, either because all the factual allegations have been admitted expressly or impliedly (as when a denial is a general denial), there is no need of conducting a trial, since there is no need of presenting evidence anymore. The case is then ripe for judicial determination, either through a judgment on the pleadings 2 or by summary judgment. 3

1 Para�aque Kings Enterprises, Inc. v. Court of Appeals, G.R. No. 111538, February 26, 1997, 268 SCRA 727.

2 Rules of Court, Rule 34.

3 Ibid, Rule 35.