EXPLAINER: What are 'ultimate facts' and 'evidentiary facts'?

The Senate impeachment court continued the impeachment trial of Vice President Sara Duterte on Monday, issuing subpoenas for the bank and Anti-Money Laundering Council (AMLC) records of the Vice President and her husband, Manases Carpio.

During the trial, House prosecutor Chel Diokno presented what the prosecution described as the ultimate facts supporting the article of impeachment involving Duterte's alleged unexplained wealth.

Diokno said ultimate facts are the “essential factual elements that make up a party’s cause of action or defense.”

The prosecution listed the following as its ultimate facts on how Duterte allegedly violated the Constitution and betrayed public trust:

A. Amassed unexplained wealth manifestly disproportionate to her lawful income and earnings while serving as a public official;

B. Failed to fully and truthfully disclose all her and her spouse's assets, liabilities, and net worth in her Statements of Assets, Liabilities, and Net Worth (SALNs); and

C. Failed to divest herself of her business interests and instead willfully continued them during her tenure as Vice President in 2022, 2023, 2024, and 2025.

Diokno said the prosecution also laid out the evidentiary facts, or the specific details and circumstances that it said would support its allegations regarding Duterte's alleged unexplained wealth.

Ultimate facts vs. evidentiary facts

According to Cornell Law School's Legal Information Institute, an ultimate fact is a fact necessary for a claim or defense to succeed and is crucial to the outcome of a case.

Ultimate facts are generally established through supporting evidentiary facts. A court considers the evidence and the facts established by it in determining whether an ultimate fact has been proven.

An evidentiary fact, meanwhile, is a fact that tends to establish or make another fact more probable. Evidentiary facts serve as the factual basis from which an ultimate fact may be inferred or established.

In simpler terms, ultimate facts are the key facts that a party needs to prove to establish its case, while evidentiary facts are the specific supporting facts used to prove those key facts.

Meanwhile, the House prosecution panel said the testimony of National Bureau of Investigation (NBI) Director Melvin Matibag will serve as the “finale” of its presentation on Article IV of the impeachment case against Duterte.

“So ito po ‘yung magiging finale nitong Article IV, ang presentasyon ng House prosecution panel kay Director Matibag at ang pagbibigay po niya ng information, facts surrounding this preliminary investigation conducted by the NBI,” House prosecution spokesperson and Representative Zia Alonto Adiong said Monday.

(The finale of Article IV will be the House prosecution panel’s presentation of Director Matibag and his testimony on the facts surrounding the preliminary investigation conducted by the NBI.)

Article IV of the Articles of Impeachment concerns the alleged grave threats made by Duterte against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and then-House Speaker Martin Romualdez. — MCG, GMA News