EVIDENCE

Question 1

The means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact [Sec. 1, Rule 128].

Answer 1

Evidence

Question 2

Result or effect of evidence [2 Regalado
698, 2008 Ed.]

Answer 2

Proof

Question 3

Mode and manner of proving competent facts in judicial proceedings [Bustos v. Lucero, G.R. No. L-2068, (1948)]

Answer 3

Evidence

Question 4

Fact by which the factum probandum is to be established

Answer 4

Factum probans

Question 5

Fact sought to be established

Answer 5

Factum probandum

Question 6

– directly addressed to the senses of the court and consist of tangible things exhibited or demonstrated in open court, in an ocular inspection, or at place designated by the court for its view or observation of an exhibition, experiment or demonstration. This is referred to as autoptic preference.

Answer 6

OBJECT OR REAL EVIDENCE

Question 7

evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances

Answer 7

DOCUMENTARY EVIDENCE

Question 8

Consists of writings, recordings, photographs or any material containing letters, words, sounds numbers, figures, symbols or their, equivalent, or other modes of written expressions offered as proof of their contents. Photographs include still pictures, drawings restored images, x-ray films, motion pictures or videos

Answer 8

DOCUMENTARY EVIDENCE

Question 9

– is that which is submitted to the court through the testimony or deposition of a witness.

Answer 9

TESTIMONIAL EVIDENCE

Question 10

– refers to information, generated, sent, received or stored by electronic, optical or similar means

Answer 10

Digital Evidence/Electronic Evidence

Question 11

is admissible when it is relevant to the issue and not excluded by the Constitution, the law or these Rules [Sec. 3, Rule 128]

Answer 11

Evidence

Question 12

Classification according to form

Answer 12

Object or Real Evidence
Documentary Evidence
Testimonial evidence
Digital evidence

Question 13

When the evidence has such a relation
to the fact in issue as to induce belief in
its existence or nonexistence

Answer 13

Relevant

Question 14

Not excluded by the Constitution, the law,
or the Rules

Answer 14

Competent

Question 15

Evidence is relevant when it has “such a relation to the fact in issue as to induce belief in its existence or non-existence” [Sec. 4, Rule 128]

Answer 15

Relevancy

Question 16

Matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue [2 Regalado 708, 2008 Ed.]

Answer 16

Collateral matters

Question 17

Where the evidence is relevant and competent for two or more purposes, such evidence should be admitted for any or all the purposes for which it is offered, provided it satisfies all the requisites of law for its admissibility therefor [2 Regalado 706, 2008 Ed.]

Answer 17

Multiple Admissibility

Question 18

Where the evidence at the time of its offer appears to be immaterial or irrelevant unless it is connected with the other facts to be subsequently proved, such evidence may be received on condition that the other facts will be proved thereafter; otherwise, the evidence already given shall be stricken out [2 Regalado 705, 2008 Ed.]

Answer 18

Conditional Admissibility

Question 19

The right of a party to introduce incompetent evidence in his behalf where the court has admitted incompetent evidence adduced by the adverse party

Answer 19

Curative Admissibility

Question 20

Rules on Admissibility

Answer 20

Multiple Admissibility
Conditional V
Curative Admissibility

Question 21

Proves the fact in dispute
without the aid of any inference or
presumption

Answer 21

Direct Evidence

Question 22

Proof of facts from which, taken collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence

Answer 22

Circumstantial Evidence

Question 23

Refers to probative value or convincing
Weight. Weight involves the effect of evidence admitted, its tendency to convince and persuade.
It is not determined mathematically by the numerical superiority of the witnesses testifying to a given fact, but depends upon its practical effect in inducing belief on the part of the judge trying the case

Answer 23

Credible Evidence

Question 24

evidence directed to prove a fact in issue as determined by the rules of substantive law and pleadings. The test is whether the fact it intends to prove is an issue or not. As to whether a fact is in issue or not is in turn determined by the substantive law, the pleadings, the pre-trial order and by the admissions or confessions on file.

Answer 24

Material Evidence

Question 25

– evidence of the same kind and to the same state of facts.

Answer 25

Cumulative Evidence

Question 26

– is additional evidence of a difference character to the same point.

Answer 26

Corroborative Evidence

Question 27

– that which is standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed.

Answer 27

Prima facie evidence

Question 28

– the class of evidence which the law does not allow to be contradicted

Answer 28

Conclusive Evidence

Question 29

– that which the law regards as affording the greatest certainty of the fact in question. Also referred to as the Best evidence.

Answer 29

Primary Evidence

Question 30

– that which is inferior to the primary evidence and is permitted by law only when the best evidence is not available. Known as the Substitutionary evidence

Answer 30

Secondary Evidence

Question 31

– when the witness affirms that a fact did or did not occur. Entitled to a greater weight since the witness represents of his personal knowledge the presence or absence of a fact.

Answer 31

Positive Evidence

Question 32

• when the witness did not see or know of the occur

Answer 32

Negative Evidence

Question 33

is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law. Burden of proof never shifts. [Sec. 1, Rule 131]

Answer 33

Burden of proof

Question 34

is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case. Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of the case. [Sec. 1, Rule 131]

Answer 34

Burden of evidence

Question 35

are inferences as to the existence of a fact not actually known, arising from its usual connection with another which is known, or a conjecture based on past experience as to what course human affairs ordinarily take. [University of Mindanao, Inc. v. Bangko Sentral ng Pilipinas, G.R. No. 194964- 65 (2016)]

Answer 35

Presumptions

Question 36

Those which the experience of mankind has shown to be valid, founded on general knowledge and information; essentially an inference

Answer 36

Presumption of fact

Question 37

Those which the law requires to be drawn from the existence of established facts in the absence of contrary evidence; derived from the law itself rather from common logic or probability. In the absence of a legal provision or ruling, there is no presumption of law. e.g. Presumption of
innocence in favor of the accused, presumption of negligence of a common carrier

Answer 37

Presumption of law

Question 38

Inferences which the law makes so peremptory that it will not allow them
to be overturned by any contrary proof
however strong

Answer 38

Conclusive

Question 39

Satisfactory if uncontradicted, but may be contradicted and overcome by other evidence

Answer 39

Disputable

Question 40

In a criminal case, the accused is entitled to an acquittal, unless his or her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind [Sec. 2, Rule 133]

Answer 40

Proof Beyond Reasonable Doubt

Question 41

Applicable quantum of evidence in civil cases . It means that the evidence adduced by one side\ is, as a whole, superior to or has greater weight than that of the other;

Answer 41

Preponderance of Evidence

Question 42

Degree of evidence required in cases filed before administrative or quasi-judicial bodies. It is the amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. [Sec. 6, Rule 133]

Answer 42

Substantial Evidence

Question 43

Clear and convincing evidence is more than mere preponderance, but not to the extent of such certainty as is required beyond reasonable doubt as in criminal cases

Answer 43

Clear and Convincing Evidence

Question 44

Judicial proceedings are of THREE KINDS ONLY

Answer 44

1. Civil action
2. Criminal action
3. Special Proceeding

Question 45

is the cognizance of certain facts that judges may properly take and act on without proof because these facts are already known to them. Put differently, it is the assumption by a court of a fact without need of further traditional evidentiary support.

Answer 45

Judicial notice

Question 46

“Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue”.

Answer 46

Section 4, Rule 128 ROC

Question 47

is a judicially created remedy which provides that evidence obtained in violation of the defendant’s constitutional rights must be suppressed from the government’s case in chief

Answer 47

Exclusionary Rules-

Question 48

Once the primary source (the tree) is shown to have been unlawfully obtained, any secondary or derivative evidence (the fruit) derived from is also inadmissible.

Answer 48

Doctrine of Fruit of Poisonous Tree

Question 49

means the duly recorded authorized movements and custody of seized drugs or controlled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage, from the time of seizure/confiscation to receipt in the forensic laboratory to safekeeping to presentation in court for destruction

Answer 49

Chain of Custody”

Question 50

– those which have a direct relation or part in the fact or incident sought to be proven and those brought to the court for personal examination by the presiding magistrate

Answer 50

Actual physical or “autopic” evidence

Question 51

Those which represent the actual or physical object (or event in case of pictures or videos) being offered to support or draw an inference or to aid in comprehending the verbal testimony of a witness.

Answer 51

Demonstrative Evidence

Question 52

Any evidence aliunde, whether oral or written, which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document [2 Regalado 730, 2008 Ed.].

Answer 52

Parole Evidence

Question 53

writing admits of two constructions, both of which are in harmony with the language used [Ignacio v. Rementeria, 99 Phil. 1054 (Unrep.)]

Answer 53

Intrinsic ambiguity (latent)–

Question 54

is any other writing, deed, or instrument executed by a private person without the intervention of a notary or other person legally authorized by which some disposition or agreement is proved or set forth

Answer 54

private document