PRELIM Flashcards
DEFINITION OF EVIDENCE
Evidence is the means, sanctioned by these
Rules, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
SCOPE OF EVIDENCE
shall be the same in all courts and in all trials and hearings, except as otherwise provided by law orthese Rules.
KINDS OF EVIDENCE
- OBJECT/REAL EVIDENCE
- DOCUMENTARY EVIDENCE
- TESTIMONIAL EVIDENCE
OBJECT/REAL EVIDENCE
Objects as evidence are those addressed to the senses of the
court. When an object is relevant to the fact in issue, it may
be exhibited to, examined or viewed by the court.
DOCUMENTARY EVIDENCE
Documents as evidence consist of writings, recordings,
photographs or any material containing letters, words, sounds,
numbers, figures, symbols, or their equivalent, or other modes of
written expression offered as proof of their contents.
TESTIMONIAL EVIDENCE
Testimony confined to personal knowledge.
A witness can testify only to those facts which he or she knows of his or her personal knowledge; that is, which are derived from his or her own perception.
TESTIMONIAL EVIDENCE- DISQUALIFICATIONS
- Disqualification by reason of marriage (marital disqualification rule) - Rule 130, Sec. 23
- Disqualification by reason of privileged communication (privileged communication rule) - Rule 130, Sec. 24
KINDS : Disqualification by reason of privileged communication
a. Marital privilege;
b. Attorney-client privilege;
c. Physician-patient privilege;
d. Minister-penitent privilege; or
e. Public officer as regards communications made in official
confidence.
Direct evidence
evidence which proves a challenged fact without drawing any inference
Circumstantial/Indirect evidence
indirectly proves a fact in issue, such that the factfinder must draw an
inference or reason from circumstantial evidence
Prima Facie Evidence
evidence which, by itself, is sufficient to prove the fact, but may be
rebutted by contrary evidence
Conclusive Evidence
one which may not be rebutted or contradicted, since it established the fact
itself
Corroborative evidence
additional evidence of a different character to the same point
Cumulative evidence
evidence of the same kind and to the same state of facts
Positive evidence
evidence is positive when the witness affirms that a fact did occur
Negative Evidence
evidence is negative when the witness states that he did not see or know of
the occurence of a fact
Admissible Evidence
evidence that is relevant and competent
Material Evidence
one that is directed to prove a fact in issue as determined by the rules on
substantive law and pleadings
EVIDENCE IN CIVIL CASES
PREPONDERANCE OF EVIDENCE
EVIDENCE IN CRIMINAL CASES
PROOF BEYOND REASONABLE DOUBT
OFFER OF COMPROMISE: EVIDENCE IN CIVIL CASES
NOT AN ADMISSION OF ANY LIABILITY
OFFER OF COMPROMISE: EVIDENCE IN CRIMINAL CASES
FROM THE ACCUSED – MAY
BE RECEIVED AS IMPLIED
ADMISSION OF GUILT
PRESUMPTION OF INNOCENCE: CIVIL
NOT APPLICABLE
PRESUMPTION OF INNOCENCE: CRIMINAL
ACCUSED IS PRESUMED TO BE INNOCENT
PRESENCE OF CIRCUMSTANTIAL EVIDENCE: CRIMINAL
CRIM: APPLICABLE, BUT SUCH
EVIDENCE MUST COMPLY:
(a) There is more than one circumstances;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (5)
PRESENCE OF CIRCUMSTANTIAL EVIDENCE: CIVIL
NOT APPLICABLE
CONFESSION: CIVIL
NOT APPLICABLE
CONFESSION: CRIMINAL
A DECLARATION OF AN ACCUSED ACKNOWLEDGING HIS GUILT OF THE OFFENSE CHARGED
EVIDENCE OF MORAL CHARACTER: CIVIL
ADMISSIBLE AS LONG AS IT IS PERTINENT TO THE ISSUE OF CHARACTER INVOLVED IN THE CASE
EVIDENCE OF MORAL CHARACTER: CRIMINAL
PROSECUTION IS NOT ALLOWED TO PROVE THE
BAD MORAL CHARACTER OF THE ACCUSED, UNLESS ON REBUTTAL
EVIDENCE OF MORAL CHARACTER: BOTH
Evidence of the good character of a witness is not admissible until such character has been impeached.
In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion.
On cross- examination, inquiry is allowable into relevant specific instances of conduct.
In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof may also be
made of specific instances of that person’s conduct.
Admissibility of evidence
Evidence is admissible
when it is relevant to the issue and is not excluded by the
Constitution, the law orthese Rules.
Relevancy; collateral matters.–
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.
What are the two kinds of Fact?
Ultimate fact and Evidentiary facts
“Factum probandum”
fact in issue; ultimate fact or
proposition sought to be established.
“Factum probans”
the probative or evidentiary fact tending to prove
the fact in issue; the material evidencing the proposition; the evidentiary
fact by which the factum probandum is established.
4 AXIOMS OR REQUISITES OF ADMISSIBILITY
a. Relevancy
b. Competency
c. Authenticity
d.Offer
Admissibility of Evidence
The admissibility of evidence depends
on its relevance and competence. Admissibility of
Evidence refers to the duty of the court to
receive or allow evidence
Probative Weight of Evidence
pertains to the
evidence already admitted its tendency
to convince or persuade.
Credibility of Evidence
Credibility of Evidence refers to the worthiness
of belief of the evidence.
Premised on Judicial Evaluation
Kinds of Admissibility
a. conditional
b. multiple
c. curative
Conditional
When the evidence at the time it is offered appears to be
immaterial or irrelevant, such evidence may be received on condition that the
otherfacts will be proved thereafter.
-IF not proved subsequently: Evidence given will be stricken out.
Multiple
When 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
Curative
The right of the party to introduce incompetent evidence on
his behalf where the court has admitted the same kind of evidence adduced by the adverse party.
