EVIDENCE Flashcards
The means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact [Sec. 1, Rule 128].
Evidence
Result or effect of evidence [2 Regalado
698, 2008 Ed.]
Proof
Mode and manner of proving competent facts in judicial proceedings [Bustos v. Lucero, G.R. No. L-2068, (1948)]
Evidence
Fact by which the factum probandum is to be established
Factum probans
Fact sought to be established
Factum probandum
– 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.
OBJECT OR REAL EVIDENCE
evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances
DOCUMENTARY EVIDENCE
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
DOCUMENTARY EVIDENCE
– is that which is submitted to the court through the testimony or deposition of a witness.
TESTIMONIAL EVIDENCE
– refers to information, generated, sent, received or stored by electronic, optical or similar means
Digital Evidence/Electronic Evidence
is admissible when it is relevant to the issue and not excluded by the Constitution, the law or these Rules [Sec. 3, Rule 128]
Evidence
Classification according to form
Object or Real Evidence
Documentary Evidence
Testimonial evidence
Digital evidence
When the evidence has such a relation
to the fact in issue as to induce belief in
its existence or nonexistence
Relevant
Not excluded by the Constitution, the law,
or the Rules
Competent
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]
Relevancy
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.]
Collateral matters
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.]
Multiple Admissibility
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.]
Conditional Admissibility
The right of a party to introduce incompetent evidence in his behalf where the court has admitted incompetent evidence adduced by the adverse party
Curative Admissibility
Rules on Admissibility
Multiple Admissibility
Conditional V
Curative Admissibility
Proves the fact in dispute
without the aid of any inference or
presumption
Direct Evidence
Proof of facts from which, taken collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence
Circumstantial Evidence
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
Credible Evidence
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.
Material Evidence
– evidence of the same kind and to the same state of facts.
Cumulative Evidence
– is additional evidence of a difference character to the same point.
Corroborative Evidence
– that which is standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed.
Prima facie evidence
– the class of evidence which the law does not allow to be contradicted
Conclusive Evidence
– that which the law regards as affording the greatest certainty of the fact in question. Also referred to as the Best evidence.
Primary Evidence
– 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
Secondary Evidence
– 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.
Positive Evidence
- when the witness did not see or know of the occur
Negative Evidence
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]
Burden of proof
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]
Burden of evidence
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)]
Presumptions
Those which the experience of mankind has shown to be valid, founded on general knowledge and information; essentially an inference
Presumption of fact
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
Presumption of law
Inferences which the law makes so peremptory that it will not allow them
to be overturned by any contrary proof
however strong
Conclusive
Satisfactory if uncontradicted, but may be contradicted and overcome by other evidence
Disputable
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]
Proof Beyond Reasonable Doubt
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;
Preponderance of Evidence
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]
Substantial Evidence
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
Clear and Convincing Evidence
Judicial proceedings are of THREE KINDS ONLY
- Civil action
- Criminal action
- Special Proceeding
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.
Judicial notice
“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”.
Section 4, Rule 128 ROC
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
Exclusionary Rules-
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.
Doctrine of Fruit of Poisonous Tree
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
Chain of Custody”
– 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
Actual physical or “autopic” evidence
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.
Demonstrative Evidence
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.].
Parole Evidence
writing admits of two constructions, both of which are in harmony with the language used [Ignacio v. Rementeria, 99 Phil. 1054 (Unrep.)]
Intrinsic ambiguity (latent)–
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
private document
