Name: Arvin E.

Ocang Date: 10/28/19

Subject: Specialized Crime Investigation

Rule of evidence

SECTION 1 . Evidence defined. — Evidence is the means, sanctioned by these

rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)
Sec. 2 . Scope. — The rules of evidence shall be the same in all courts and in all
trials and hearings, except as otherwise provided by law or these rules. (2a) ch
library
Sec. 3 . Admissibility of evidence. — Evidence is admissible when it is relevant to the
issue and is not excluded by the law of these rules. (3a)
Sec. 4 . Relevancy; collateral matters. — 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. (4a)

Material evidence
A material evidence is a piece of evidence which is important to prove a case. It also
follows that a witness giving material evidence is a material witness.

For instance, an eye-witness to a criminal incident can be said to be a material

witness because he can give credible and material evidence in respect of the
incident.
Relevant evidence
Means evidence having any tendency to make the existence of any fact that is of
consequence to the determination of the action more probable or less probable than
it would be without the evidence.
Competent evidence
Is used to refer evidence that is relevant, and of such nature that it can be received
by a court of law. It refers to evidence that is appropriate and needed to prove the
issue of fact that the parties have made.
Direct evidence
In the law of evidence, evidence of a fact in issue given by a witness who came to it
through own his’senses or evidence from a document or item produced before the 
court.
Circumstantial evidence 
Has been defined as that which “goes to prove a fact or series of facts other than the
facts in issue, which, if proved, may tend by inference to establish a fact in issue.”
Primary evidence
Is the best available substantiation of the existence of an object because it is the
actual item. It differs from secondary evidence, which is a copy of, or substitute for,
the original.
Best evidence
Original document must be produced; exceptions. — When the subject of inquiry is
the contents of a document, no evidence shall be admissible other than the original
document itself

Positive evidence
Direct proof of the fact or point in issue, as distinguished from circumstantial proof;
proof that if believed, establishes the truth or falsity of a fact in issue and does not
arise from a presumption.
Negative evidence
Is admissible when a qualified person, who has examined certain records or
documents, testifies that he or she did not find any reference to or entry of a
particular item or transaction.
Export evidence
Most IP camera recording software and network video recorders allow footage to be
viewing later, for safe keeping or for use as evidence.
Cumulative evidence
Facts or information that proves what has previously been established by other
information concerning the same issue.
Corroborative evidence
 Is evidence that tends to support a proposition that is already supported by some
initial evidence, therefore confirming the proposition.
Rebutting evidence
 That which is given by a party in the cause to explain, repel, counteract or disprove f
acts given inevidence on the other side. The term rebutting evidence is more particul
arly applied to that evidence given by the plaintiff, toexplain or repel the evidence giv
en by the defendant.
Prima Facie evidence
 Is that amount of evidence which would be sufficient to counter-balance the general
presumption of innocence, and warrant a conviction, if not encountered and
controlled by evidence tending to contradict it, and render it improbable, or to prove
other facts inconsistent with it, and the establishment.
Conclusive evidence
Is evidence that cannot be contradicted by any other evidence. It is so strong as to
overbear any other evidence to the contrary. The evidence is of such a nature that it
compels a fact-finder to come to a certain conclusion.
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.
Testimonial evidence
Oral or written assertion offered in a court as a proof of the truth of what is being stated. It
includes testimony and hearsay.

Factum Probandum vs. Factum Probans

Factum Probandum refers to the ultimate fact to be proven, or the proposition to be
established. That, which a party wants to prove to the court. ... Factum
Probans refers to the evidentiary facts by which the factum probandum will be
proved.