There are two kinds of fact under the law on
pleadings: FACTUM PROBANDUM AND FACTUM PROBANS. (Rule 128)
FACTUM PROBANDUM
Ultimate facts are the principal, determinate
and constitutive facts upon the existence of which the plaintiff’s cause of
action rests.
They do not refer to the details of probative
matters or particulars of evidence by which these material elements are to be
established. Under the law on pleadings, only ultimate facts are required to be
stated. They consist in propositions still to be established and therefore,
ultimate facts are necessarily hypothetical.
To put it simply, your ultimate facts in a civil
case would be
1. the rights violated,
2. the obligation of the defendant,
3. how the defendant violated the rights of the
plaintiff
FACTUM
PROBANS
Evidentiary or intermediate facts, on the other
hand, ar facts which are necessary for the determination of the ultimate facts.
They are premises upon which conclusions of ultimate facts are based. They are
brought forward as a reality to convince the tribunal that the factum probandum
is also real.
Under the law on pleadings, only ultimate facts
are to be required to be stated. They consist in propositions still to be
established. Therefore, ultimate facts are necessarily hypothetical.
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