Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Evidence › General Provisions and Principles (Rule 128)
5. Factum Probans vs. Factum Probandum
A. Key Concepts
- Factum Probandum vs. Factum Probans
- Proof vs. Evidence
- Burden of Proof vs. Burden of Evidence
- Weight and Sufficiency of Evidence – Rule 133
- Admissibility; Relevance and Competence – Rule 128
- Judicial Notice; Mandatory and Discretionary – Rule 129, secs. 1-3
- Judicial Admission – Rule 129, sec. 4
- Presumptions – Rule 131
Factum Probans v. Factum Probandum
| Factum Probans | Factum Probandum |
| The probative or evidentiary fact tending to prove the fact in issue or the FACTUM PROBANDUM. It is the material evidencing the proposition. | The ultimate fact to be prove or proposition to be established. |
What are NOT Ultimate Facts:
- Evidentiary or immaterial facts;
- Legal conclusions, conclusions or inferences of facts not stated, or incorrect inferences or conclusions from facts stated;
- The details of probative matter or particulars of evidence, statements of law, inferences and arguments; or
- An allegation that a contract is valid or void is a mere conclusion of law.
EVIDENTIARY FACTS – refer to those which are necessary to prove the ultimate fact or which furnish evidence of the existence of some other facts