Evidence defined. – Evidence is the means, sanctioned by these [R]ules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

Evidence cannot be made to rest on mere speculations or even probabilities. (People v. Baltazar, 343 SCRA 685). Evidence derived from an illegal search is placed beyond the Court’s consideration, as a practical means to enforce the constitutional injunction and to discourage violations of basic civil rights under the guise of legitimate law enforcement. (People v. Sevilla, 339 SCRA 625) Evidence to be believed must not only proceed from the mouth of a credible witness but must be credible in itself. (People v. Mamantak, 560 SCRA 298). 

What is Equipoise Rule? Under the equipoise rule, where the evidence on an issue of fact is in equipoise (evenly balanced), or there is doubt on which side the evidence preponderates, the party having the burden of proof loses.  (Vergara v. People, G.R. No. 160328, 4 February 2005, 450 SCRA 495, 506). The equipoise rule finds application if the inculpatory facts and circumstances are capable of two or more explanations — one of which is consistent with the innocence of the accused and the other with his guilt — in which case the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction. (Id.) [cited in the case of Fernando Estabas Mahawan alias ‘Pado’ versus People of the Philippines, G.R. No. 176609, December 18, 2008]. 

What is Equiponderance of Evidence Rule? When the scales shall stand upon an equipoise and there is nothing in the evidence which shall incline it to one side or the other, the court will find for the defendant. Under said principle, the plaintiff must rely on the strength of his evidence and not on the weaknesses of defendant’s claim.  Even if the evidence of the plaintiff may be stronger than that of the defendant, there is no preponderance of evidence on his side if such evidence is insufficient in itself to establish his cause of action. (Sapu-an, et al. vs. CA, G.R. No. 91869, October 19, 1992, 214 SCRA 701, 705-706).

Distinctions between Evidence and Proof?

Evidence	Proof
1.the means of ascertaining the truth	1. the basis in promulgating a decision  Example: Proof beyond reasonable doubt
2. It is a procedure that must be followed.	2. the result after following the procedure
3. It can be objected to.	3. It cannot be objected to.