L. Differentiate positive from negative evidence.

Evidence is positive when the witness affirms that a fact did or did
not occur, and negative when the witness states he did not see or know
of the occurrence of a fact (see 5 Moran, op. cit., p. 2; 4 Martin, op. cit.,
p. 5; People vs. Ramos, L-30420, Sept. 22, 1971). Positive testimony is
entitled to greater weight (Bayasen vs. CA, L-25785, Feb. 26, 1981) since
the witness represents of his personal knowledge the presence or absence
of a fact; whereas in negative testimony, there is a total disclaimer of
personal know ledge, hence without any representation or disavowal that
the fact in question could or could not have existed or happened. When a
witness declares of his own knowledge that a fact did not take place that
is actually positive testimony since it is an affirmation of the truth of a
negative fact.

M. What is the difference between a competent and a credible piece

of evidence?

III. ADMISSIBILITY OF EVIDENCE

A. What is admissibility of evidence?

Evidence is admissible when it is relevant to the issue and not excluded

by the Constitution, the law or these Rules.

B. What are the kinds of admissibility?

The following are the kinds of admissibility:

1. MULTIPLE ADMISSIBILITY:

If a fact is offered for one purpose and is admissible insofar as it

satisfies all rules applicable to it when offered for that purpose, its failure
to satisfy some other rule which would be applicable to it if offered for
another purpose does not exclude it.

2. CONDITIONAL ADMISSIBILITY

When two or more evidentiary facts are so connected under the

issues that the relevancy of one depends upon another not yet evidenced,
and the party is unable to introduce them both at the same moment, the
offering party may be required by the court, as a condition precedent, to
state the supposed connecting facts and to produce them later.
 If the promise is not fulfilled, such fact already received will be
stricken off the record at the initiative of the other party.

3. CURATIVE ADMISSIBILITY

An eye for an eye rule on evidence.

Where an inadmissible fact has been offered by one party and

received without objection, and the opponent afterwards, for the purpose
of counteracting it, offers a fact similarly inadmissible, such fact is
admissible if it serves to remove an unfair effect upon the court which
might otherwise ensue from the original fact.

C. What are the two maxims of admissibility of evidence?

The two axioms of admissibility are the following:

(a) That none but facts having rational probative value are
admissible; and

(b) That all facts having rational probative value are admissible
unless some specific rule forbids them.

D. What are two requisites of admissibility?

For evidence to be admissible, two elements must concur, namely:

Relevancy

Evidence is relevant if it has such a relation to the fact in issue

as to induce belief in its existence or non-existence.

Competency

Evidence is competent if it is not excluded by the Constitution,

the law or these Rules.