EVIDENCE INTRO Flashcards
What s evidence?
EVIDENCE is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (Sec 1, Rule128)
Any material which tends to persuade the court of the truth or probability of some facts asserted before it.
Every evidential question involves the relationship between the factum probandum (FACTS) and the factum probans (PROPOSITION TO E ESTABLISHED)
Distinguish evidence from proof
PROOF is the EFFECT or result of EVIDENCE
EVIDENCE is the MEDIUM of proof
Distinguish Factum Probandum from Factum Probans
FACTUM PROBANDUM - the ultimate fact sought to be established.
It may be ascertained in:
1. pleadings submitted by the parties
- pre-trial order
- issues which are tried with the express or implied consent of the parties. (Sec. 5, Rule 10)
NOTE: If a fact is admitted, there is no more factum probandum because there is no fact in issue.
FACTUM PROBANS - the material evidencing the proposition. It is the fact by which the factum probandum is established.
Factum probandum is hypothetical while fatcum probans is existent
Illustrate the relation of Factum Probandum and Factum Probans
If P claims to have been injured by the negligence of D who denies having been negligent, the negligence is the fact to be established. It is the factum probandum. The evidence offered by P is the material to prove the liability of D. The totality of the evidence to prove the liability is the factum probans.
What is the difference of Evidence in Civil Cases versus Evidence in Criminal Cases?
- As to the quantum of proof, the evidence in civil cases requires PREPONDERANCE OF EVIDENCE while in Crim cases, PROOF BEYOND REASONABLE DOUBT
- As to Compromise, In Civil, an offer of compromise is not an admission of any liability and not admissible in evidence against the offeror,
In criminal case, the general rule is that an offer to compromises may be receives in evidence as an admission of guilt EXCEPT: Those involving offenses (criminal negligence) and Crimnila cases allowed by law to be compromised. - The concept of presumption of innocence does not apply to civil cases while in criminal cases the accused enjoys it
- Confession does not apply in Civil cases while confession is a declaration of an accused acknowledging his guilt
What determines the admissibility and inadmissibility of Evidence?
Admissibility or inadmissibility of evidence is determined in accordance with the law in force at the time the evidence is presented.
Therefore, there is no vested right of evidence. Evidence otherwise inadmissible under the law at the time the action accrued, may be received in evidence provided that it is admissible under the law in force during the trial.
CLASSIFICATION OF EVIDENCE
- As to the ability to establish the fact in dispute: Direct evidence/ circumstantial evidence
- As degree of its value in establishing a disputed fact:
Prima Facie Evidence/ Conclusive evidence
Corroborative/ Cumulative evidence
3.Depending on its weight and acceptability:
Primary or best evidence
Secondary or substitutionary evidence
4. Depending o its nature: Object/ Documentary evidence Testimonial Evidence Positive/Negative
E. Depending on its quality, evidence may be: Relevant evidence/ Material evidence Admissible evidence Credible evidence
AST TO ABILITY TO ESTABLISH FACT
Direct vav Circumstantial evidence
- Direct evidence—evidence which proves the fact in dispute without the aid of any inference or presumption.
- Circumstantial evidence— proof of fact or facts from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence (5 Moran)
AS TO DEGREE OF VALUE
Prima Facie Evidence vav Conclusive vav Corroborative vav Cumulative
Prima Facie Evidence—evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence.
- Conclusive evidence—evidence which is incontrovertible or one which the law does not allow it to be contradicted. It is insurmountable evidence.
- Corroborative evidence—evidence which is of a different kind and character as that already given and tends to prove the same proposition.
- Cumulative evidence—evidence which is of the same kind and character as that already given and tends to prove the same proposition.
AS TO WEIGHT AND ACCEPTABILITY
Primary or best evidence vav Secondary or Substitutionary Evidence Positive/ negative
- Primary or best evidence—evidence which affords the greatest certainty of the fact in question.
- Secondary or Substitutionary evidence—evidence which is inferior to primary evidence, and admissible only in the absence of the latter.
AS TO NATURE
Object vav Documentary vav testimonial evidence
Object evidence — evidence addressed to the senses of the court and is capable of being exhibited to examined or viewed by the court. Also known as autoptic preference or real or physical evidence.
- Documentary evidence —supplied by written instruments or derived from conventional symbols and letters by which ideas are represented on material substances.
- Testimonial evidence — is verbal or oral evidence. It is evidence which consists of the narration or deposition by one who has observed or has personal knowledge of that to which he is testifying.
Positive evidence – when the witness affirms that a fact did or did not occur, it is entitled to greater weight since the witness represents of his personal knowledge the presence or absence of a fact
Negative evidence – when a witness states that he did not see or know of the occurrence of a fact and there is total disclaimer of personal knowledge.
AS TO QUALITY
Relevant
Material
Admissible
Credible
- Relevant evidence—if it has a relation to the fact in issue as to induce belief in its existence or non-existence.
- Material evidence – evidence which tends to prove the fact in issue, and determined by the rules of substantive law and pleadings
- Admissible evidence—if it is relevant to the issue and is not excluded by law or the Rules of Court.
- Credible evidence—if it is not only admissible evidence but also believable and used by the court in deciding a case.
What cases does the Rules on Evidence apply?
GENERAL RULE: The rules of evidence are applicable to both civil and criminal cases due to Section 2, Rule 128 and Section 3, Rule 1, 1997 Rules of Civil Procedure.
EXCEPTION: When the law specifically provides otherwise such as Section 4, Rule 1, 1997 Rules of Civil Procedure.
INSTANCES WHERE RULES OF EVIDENCE DO NOT APPLY TO JUDICIAL PROCEEDINGS:
- In a civil case covered by the 1991 Revised Rule on Summary Procedure since there is no trial;
The rule on burden of proof was applied in ejectment cases Since ejectment is a possessory action, the plaintiff must show a right of possession that is present or immediate in the property sought to be recovered. Unless established, the defendant will prevail. (C&S Fishfarm Corp. vs. CA, GR No. 122720, Dec. 16, 2002).
- Rules of Summary Procedure in criminal cases, where the witnesses submit their affidavits and counter-affidavits, subject only to cross-examination;
- Agrarian cases ; and
- Rules regarding the testimony of witnesses from examinations, etc., in cases under the MTC (where the parties merely submit their position papers and their witnesses’ affidavits and counter-affidavits.)
- In cases where the Rules of Court do not apply (NICOLE)
What do the rules of evidence determine?
- All rights and liabilities are dependent upon and arise out of facts
- The relevancy of facts or what sor tof facts must be proved to establish the existence of fcats
- The proof of facts - what sort of proof is to be given
- production of proof of relevant facts - who is to give and how it is givem and effect of improper admission/rejection of evidence
