Evidence

Question 1

The hierarchy of evidentiary values

Answer 1

1. Proof beyond a reasonable doubt
2. Clear and convincing evidence
3. Preponderance of evidence
4. Substantial evidence

Question 2

Judge’s role (PH)

Answer 2

Trier of law and trier of facts

Question 3

Judge’s obligation

Answer 3

Need to demonstrate moral certainty

Question 4

Not an obligation of judge

Answer 4

To support conclusion with objective truth

Question 5

Is Absolute and Objective Truth Necessary(Absolute Certainty) in law?

Answer 5

No. Only Moral Certainty

Question 6

What is Moral Certainty?

Answer 6

(PEOPLE v. DECENA)
-Where the CONSCIENCE is satisfied that the accused is responsible for the offense charged.

Question 7

What is Clear and Convincing Evidence?

Answer 7

Riger V. Atty Mateo

It is less than proof beyond reasonable doubt (for criminal cases) but greater than preponderance of evidence (for civil cases).

Question 8

What is Substancial evidence?

Answer 8

Rule 133, Section 5
- amount of relevant evidence that a reasonable mind would accept as adequate to justify a conclusion.

Question 9

Evidence Definition

Answer 9

Caranto v. Caranto
- Weight, Credit, and Value of Aggregate Evidence

Question 10

Formula for Preponderance of Evidence

Answer 10

Verifying content minus Falsifying content

P(e)= V(e)- F(e)

Question 11

Atty _____ failed to establish fraud as he was NOT ABLE TO PRESENT CLEAR AND CONVINCING EVIDENCE that Atty. ____ deceived him.

Answer 11

RIQUER v. MATEO
Atty Riquer failed to establish fraud as he was NOT ABLE TO PRESENT CLEAR AND CONVINCING EVIDENCE that Atty. Mateo deceived him.

Question 12

Case where Preponderance of Evidence was distinguished from Clear and Convincing Evidence

Answer 12

ESTELLA v. PEREZ

Question 13

The ___ evidence must show that the proposition has more/greater chance of being true

Answer 13

Preponderance of Evidence

Question 14

___ Evidence must lead to firm belief of conviction of its truth with substancially greater than 50% likelihood

Answer 14

Clear and Convincing Evidence

Question 15

Where Clear and Convincing Evidence required?

Answer 15

Civil, Admin Cases, Fraud and Parental Rights

Question 16

Where Preponderance of Evidence Required?

Answer 16

Civil cases and admin hearings

Question 17

Highest Quantum of Proof

Answer 17

Proof Beyond Reasonable Doubt

Question 18

Case where prosecution failed to overcome proof beyond reasonable doubt after the accused showed substancial proof to rebutt the presumed regularity of a marriage certificate

Answer 18

Santos v. People

Question 19

What evidence is an intermediate standard of proof and less stringent then proof beyond reasonable doubt

Answer 19

Clear and Convincing Evidence

Question 20

Verifying content must be ___ than falsifying content

Answer 20

GREATER

Question 21

Mathematical illustration for preponderance of evidence

Answer 21

> 50% chance

Question 22

Mathematical Illustration for Clear and Convincing Evidence

Answer 22

75-99% chance

Question 23

What is a credible evidence?

Answer 23

Greater weight of credible evidence or more likely to be true (>50% true) than the evidence presented by the other.

Question 24

Rule 128, Section 1

Answer 24

Accused is entitled to ACQUITTAL unless shown guilty beyond reasonable doubt (Criminal cases)

Question 25

case involved the Ombudsman’s decision, which was overturned because it was based on conjectures and not supported by substantial evidence.

The Court ruled in favor of Bernaldo, emphasizing the need for concrete evidence rather than speculation.

Answer 25

Bernaldo v. Ombudsman

Question 26

Substancial Evidence

Answer 26

relevant evidence that can adequately support a conclusion.