NAME: Glendel F.

Lasam
Yr. LEVEL & COURSE: 3rd Yr. - BS CJE
SUBJECT: CLJ 105- Evidence
NAME OF FACULTY: ATTY. April Joy B. Leonar - Tongson

EXERCISE 1. Identification. (2 points each)

OBJECT EVIDENCE 1. Classification of evidence that addressed to the senses of the court.
CORRABORATIVE
EVIDENCE 2. Additional evidence of a different character to the same point.
TESTIMONIAL
EVIDENCE 3. Classification of evidence that is testimony of deposition of a witness.
DIRECT EVIDENCE 4. Proves the fact in dispute without the aid of any inference or presumption.
CONCLUSIVE
EVIDENCE 5. Class of evidence which the law does not allow to be contradicted.
EVIDENCE 6. The means , sanctioned by these rules, ascertaining in a judicial
proceeding, the truth respecting a matter of fact.
CIRCUMSTANTIAL
EVIDENCE 7. Proof of a fact/s from which , taken either singly or collectively, the
existence of a particular fact in dispute may be inferred as a necessary or
probable consequence.
COMPETENCE 8. Eligibility of evidence to be received as such.
DOCUMENTARY
EVIDENCE 9. Classification of evidence that consist of writings or any material
containing letters, words, numbers, figures, symbols or the other modes
of written expressions offered as proof of their contents.
PRIMA FACIE 10. Standing alone, unexplained or uncontradicted, is sufficient to maintain
the proposition affirmed.
RELEVANCY 11. Evidence must have such a relation to the fact in issue as to induce
belief in its existence or nonexistence.
CUMULATIVE
EVIDENCE 12. Evidence of the same kind and to the same state of facts.
POSITIVE EVIDENCE13. Witness affirms that a fact did or did not occur.
NEGATIVE
EVIDENCE 14. Witness states he/she did not see or know of the occurrence of a fact.
CREDIBILITY 15. Worthiness of belief, ‘’believability”
MULTIPLE
ADMISSIBILITY 16. Where the evidence is relevant and competent for two or more
purposes, such evidence shall be admitted for any or all the purposes
for which it is offered, provided it satisfies all the requisites of law for its
admissibility therefor.
EQUIPOSE RULE/
EQUIPONDERANCE
DOCTRINE 17. The doctrine refers to the situation where the evidence of the parties
are evenly balanced or there is doubt on which side the evidence
preponderates. In this case, the decision should be against the party
with the burden of proof.
SUBSTANTIAL
EVIDENCE 18. Degree of evidence required in cases filed before administrative or
Quasi-judicial bodies.
CONDITIONAL
EVIDENCE 19. Where the evidence at the time of its offer appears to be immaterial
or irrelevant unless it is connected with the other facts to be
subsequently proved, such evidence may be received, on condition that
the other facts will be proved thereafter, otherwise, the evidence
already given shall be stricken out.
CLEAR AND CONVINCING
EVIDENCE 20. Standard of proof required in granting or denying bail in extradition
cases.

EXERCISE 2.
1. What are the difference between proof and evidence?
Ans. The difference of proof from evidence is that proof is the result or effect of evidence while
evidence is the mode of proving competent facts in judicial proceedings.

2. What are the diff. between evidence in civil cases and evidence in criminal cases?
Ans. In Civil cases, it is the preponderance of evidence, it offer compromise NOT an admission
of any liability, and presumption of innocence does NOT apply. While on Criminal cases, it is the
proof beyond reasonable doubt, it offer of compromise by the accused may be received in
evidence as on implied admission of guilt (except for quasi-offenses or those allowed by law to
be compromised), and the presumption of innocence a constitutional guarantee on the
accused.

3. What are the diff. between Factum Probans and Factum Probandum?
Ans. Factum Probans, they are the facts or material evidencing the fact or proposition to be
established. Factum Probans is the probative or evidentiary fact tending to prove the in issue. In
Factum Probandum, it is the fact or proposition to be established. It is the fact to be proved,
the fact which is an issue and to which the evidence is directed.

4. What are the diff. between Burden of Proof and Burden of Evidence?
Ans. In Burden of Proof, the duty of a party to present evidence on the facts in issue necessary
to establish his/her claim or defense by the amount of evidence required by the law. While
Burden of Evidence, a party will have the burden of evidence only (i.e., will have to be a
proponent) if there is any Factum Probandum (whether evidentiary or otherwise) that the
adverse party has already established (whether by law, rule, or by virtue of evidence that he
has presented) that he (the potential proponent) has to overcome. That Factum Probandum
may, but does not have to be, nor is limited to a “prima facie presumption.” Likewise, a party
will not have any burden of evidence at all if the adverse party has not established any Factum
Probandum in the first place.

Burden of Proof does not shift throughout the trial and generally determined by the
pleadings filed by the party while Burden of Evidence shifts from party to party depending upon
the exigencies of the case in the course of the trial and generally determined by the
developments at the trial, or by the provisions of substantive or procedural law.

EXERCISE 3. Definition. Give the definition of the ff. as provided in this module.
1. Proof beyond reasonable doubt – It is the applicable quantum of evidence in criminal
cases. Only moral certainty is required – that degree of proof which produces
conviction in an unprejudiced mind.
 2. Preponderance of evidence – It is the applicable quantum of evidence in civil cases.
Means that the evidence adduced by one side is, as a whole superior to or has greater
weight than that of the other.
3. Substantial evidence – It is the degree of evidence required in cases filed before
administrative or quasi-judicial bodies. The amount of relevant evidence which a
reasonable mind might accept as adequate to support a conclusion.
4. Clear and Convincing Evidence – It is the Standard of proof required in granting or
denying bail in extradition cases.
5. What is Judicial Notice? – Judicial Notice is the cognizance of certain facts that judges
may properly take and act on without proof because these facts are already known to
them. Put differently, it is the assumption by a court of a fact without need of further
traditional evidentiary support. The principle is based on convenience and expediency in
securing and introducing evidence on matters which are not ordinarily capable of
dispute and are not bona fide disputed.

EXERCISE 4. Enumeration.
1. Give five (5) example of Judicial Notice that does not need evidence.
1. Existence and territorial extents of states;
2. Their political history, forms of government, and symbols of nationality;
3. Law of nations;
4. Admiralty and maritime courts of the world and their seals; and
5. Political constitution and history of the Philippines.

2. What are matters of Judicial Notice that discretionary?

Ans. The ff. is the matters of Judicial Notice that are discretionary:
1. Matters of public knowledge;
2. Matters capable of unquestioned demonstration; and
3. Matters ought to be known to judges because of their judicial functions.

3. Where Judicial Admissions may be made?

Ans. The ff. is how the Judicial Admissions may be made:
1. Pleadings filed by the parties (including admissions made in pleadings which are
withdrawn/superseded by an amended pleading.
2. The course of the trial either by verbal/written manifestation/stipulations.
3. Request for admissions.

4. How Judicial Admissions may be obtained?

Ans. The ff. is how the judicial admissions may be obtained:
1. Depositions;
2. Written interrogatories; and
3. Request for admissions.

5. Give ten (10) examples of conclusive presumptions.

Ans. The ff. are some of the examples of conclusive presumptions as distinguished from
disputable presumptions:
1. That a person is innocent of crime or wrong;
2. That an unlawful act was done with an unlawful intent;
3. That a person intends the ordinary consequences of his voluntary act;
4. That a person takes ordinary care of his concerns;
5. That evidence willfully suppressed would be adverse if produced;
6. That money paid by one to another was due to the latter;
 7. That a thing delivered by one to another belonged to the latter;
8. That an obligation delivered up to the debtor has been paid;
9. That prior rents or installments had been paid when a receipt for the later one is
produced; and
10. 10. That a person found in possession of a thing taken in the doing of a recent wrongful
act is the taker and the doer of the whole act; otherwise, that things which a person
possess, or exercises acts of ownership over, are owned by him.

EXERCISE 5.
What is the relevance of learning evidence in our criminal justice in the Philippines in your own
opinion. Answer not more than 1000 words.

The relevance of learning evidence in our criminal justice in the Philippines is to make us
have a broad understanding in the rules of evidence particularly its general provisions of the
law on evidence, what need to be proved, and the rules of admissibility of evidence in criminal
proceedings. Let us apply the principles and jurisprudence in the Rules of Evidence, and engage
in lifelong learning and understanding of the need to keep abreast on the developments in the
field of law and criminal evidences [Study guide AII]. As a criminal justice education student of
Colegio de Iligan, studying course of Evidence under our Rules of court in a form of academic
module which forms part of our course of study, which represents a credit point value that
contributes towards my course in the future. In my opinion, relevance of learning evidence in
our criminal justice in Philippines is that it is important for us to make data presented to a court
or jury in proof of the facts in issue and which may include the testimony of witnesses, records,
documents, or objects when we become a criminal justice practitioner in the future. If we don’t
have this foundation in our school days we are about to be incompetent during criminal cases
and proceedings in the future. To be such professionals we must submit ourselves to the ethical
principles of the criminal justice system and evidence persistent integrity in our character. This
is accomplished with the help of a worthy code of professional ethics that signals competence,
reliability, accountability, and overall trustworthiness – when properly administered. And by
continuously learning and developing. Today, during the pandemic, as technology changes at a
rapid pace and the law enforcement landscape undergoes a significant evolution in the way it
operates and interacts with the community, it is vital that those in law enforcement take it
upon themselves to be constantly learning and developing their skills. Curating a love of
learning is important for officers who wish to have a long career in the field, as staying up to
date on the latest advances in law enforcement, police practices and tactics, along with changes
to the law, can have a significant impact on an officer’s effectiveness especially on their
contribution on evidencing. Thus, making it relevance in studying or learning evidence in our
criminal justice in the Philippines.