3. Uniformity of Evidentiary Rules

Uniformity of Evidentiary Rules

Concept

Uniformity of evidentiary rules means that the same rules of evidence govern all courts and all trials and hearings, unless a law or the Rules provide otherwise. The starting point is a common evidentiary framework, not a separate set of evidence rules for each court or type of hearing. (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹

Governing provisions

Rule 128, Section 2 states the governing rule: “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.” The exception is part of the provision itself and must be read with the rule of uniformity. (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹

The Constitution empowers the Supreme Court to promulgate rules on pleading, practice, and procedure in all courts, and provides that such rules shall be uniform for all courts of the same grade. Rule 128, Section 2 addresses evidentiary rules more specifically: it speaks of all courts, trials, and hearings while expressly recognizing exceptions provided by law or the Rules. (Art. VIII, Sec. 5, 1987 Const.)² (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹

Requisites / Rules

• Begin with the general rule. When identifying the evidentiary rules applicable to a court, trial, or hearing, start from Rule 128, Section 2 rather than assuming that the forum has its own evidentiary rules. (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹
• Check for an exception. The general rule yields where a law or the Rules otherwise provide. The mere fact that a proceeding is different does not, by itself, identify the applicable exception; the departure must be tied to the governing provision. (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹
• Keep admissibility a separate inquiry. Evidence is admissible when it is relevant to the issue and is not excluded by the Constitution, the law, or the Rules. Uniformity does not dispense with that inquiry for a particular item of evidence. (Rule 128, Sec. 3, A.M. No. 19-08-15-SC)³ (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹

Distinctions

Do not collapse the two formulations of uniformity. The constitutional provision speaks of uniform rules for courts of the same grade; Rule 128, Section 2 states that evidentiary rules are the same in all courts and in all trials and hearings, subject to its express exception. State which provision an answer relies on and retain its qualification. (Art. VIII, Sec. 5, 1987 Const.)² (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹

Key doctrines

The Rule on the Writ of Amparo requires substantial evidence from both parties; a petitioner must meet that standard to obtain relief. It illustrates why the general statement on uniform evidentiary rules should not be recited as though no proceeding could have a specifically stated evidentiary requirement. (Sanchez v. Darroca, G.R. No. 242257, 15 October 2019)⁴ (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹

Exceptions

Rule 128, Section 2 identifies the sources of exceptions as law or the Rules. In discussing a particular proceeding, first identify its governing rule or law, then explain the specific respect in which it provides otherwise. Do not treat the exception as a general license to disregard evidentiary rules. (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹

Bar tip

Answer in two steps: state the rule of sameness across courts, trials, and hearings; then ask whether a law or the Rules provides otherwise. If admissibility is also asked, address relevance and exclusion separately. (Rule 128, Sec. 2, A.M. No. 19-08-15-SC)¹ (Rule 128, Sec. 3, A.M. No. 19-08-15-SC)³