EVIDENCE CLJ5 4YR1SM

MODULE
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact and be the basis of prosecution of an offense
Human rights may be defined as the supreme, inherent and inalienable rights to life, to dignity, and to
self-development. It is the essence of these rights that makes man human.
Human rights are fundamental freedoms which are necessary and indispensable in order to enable
every member of the human race to live a life of dignity
Presentation of evidence
Witness examination in open court has reason for giving weight to trial court/s assessment,
Section 1. Examination to be done in open court. -0The examination of witnesses presented in a trial or
hearing shall be done in open court, under oath or affirmation unless the witness is incapacitated to
speak, or the question for a different mode of answer, the answers of the witness shall be given orally
(the examination of witnesses presented in a trial or hearing shall be done in a open court and the
witness shall give an orally there’san exception if the witness is incapacitated to speak)
Section 2. Proceedings to be recorded. The entire proceedings of a trial or hearing, including the
questions propounded to a witness and his answers thereto, the statements made by the judge or any
of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of
shorthand or stenotype or by other means of recording found suitable by the court(the entire prceeding
of trial or hearing question witness answer statement made by the judge any parties shall ne record)
Section 3. Rights and obligations of a witness. A witness must answer questions, although his answer
may tend to establish a claim against him. However, it is the right of a witness
Section 4. Order in the examination of an individual witness. The order in which the individual witness
a. Direct examination by the proponent y be examined
b. Cross-examination by the opponent
c. Re-direct examination by proponent
d. Re-cross-examination by the opponent
Section 5. Direct examination. Direct examination is the examination-in-chief of a witness by the party
presenting him or the facts relevant issue (the witness maybe questions of any relevant matter by the
adverse party)
Section 6. Cross-examination; its purpose and extent – upon the termination of the direct examination,
the witness may be cross-examined by the adverse party as to many matters stated in the direct
examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and
truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing
upon the issue(the witness maybe of any relevant matter by the adverse party)
Section 7. Re-direct examination; its purpose and extent – after the cross- examination of the witness
has been concluded, he may be re-examined by the party calling him, to explain or supplement his
answers given during the cross-examination. On re-direct examination(extent and coverage only to
those answer during cross examination his supplement his answer)
Section 8. Re-cross examination. Upon the conclusion of the re-direct examination (conclusion of re
direct examination only matters stated in his re direct examination)
Section 9. Recalling witness. After the examination of a witness by both sides has been concluded, the
witness cannot be recalled without leave of court. (if the court will grant the witness cannot recalled
again. But the interest of justice is require)

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Section 10. Leading and misleading questions. A questions which suggests to the witness the answer
which the examining party desires is a leading question(the parameter answerable by yes or no question
concept lead counsel lawyer into something corner to answering )
Section 11. Impeachment of adverse party’s witness. A witness may be impeached by the party against
whom he was called, by contradictory, evidence, by evidence(only can impeached only party whom to
witness)
Section 12. Party may not impeach his own witness except with respect to witnesses referred to in
paragraph (d) and (e) section 10, the party producing a witness is not allowed to impeach his credibility
Hostile witness – one who declared by the court upon adequate showing of his adverse interest,
unjustified reluctance to testify, of his having misled the party into calling him to the witness stand
Section 13. How witness impeached be evidence of inconsistent statements.(before nga section 11 only
can impeach is adverse party is not allowed to impeached own credibility)
Section 14.Evidence of good character of witness. - Evidence of good character of witness is act
admissible until such character has been impeached. - The motive of the crime is important in case there
is doubt as to whether the defendant is or is not the person who committed the act
Section 15. Exclusion and separation of witness. On any trial or hearing, the judge may exclude from the
court any witness not at the time under examination,(separate the witness kung nagkatugma ang lahat
ng sinasabi nila isat isa cross examine witness)
Section 16. When witnesses may refer to memorandum. - A witness may be allowed to refresh his
memory respecting a fact, by anything written or recorded by himself or under his direction
Section 17. When part of transaction, writing or record given in evidence the reminder admissible
Section 18. Right to inspect writing shown to witness. - Whenever a writing is shown to a witness, it may
be inspected by the adverse
Authentication and proof of document
Section 19. Classes of documents for the purpose of their presentation evidence, documents
Section 20. Proof of private document. - Before any private document offered as authentic is received in
evidence, its due execution and authenticity must be proven either
Section 21. When evidence of authenticity of private document necessary. - Ancient document – 30
years old Section
Section 22. How genuineness of handwriting proved. - The handwriting of a person may be proved by
any witness who believes it to be the handwriting of such person because he has seen the person write.
- Or has seen writing purporting to be his upon which the witness has acted or been charged
Section 23. Public documents as evidence. - Documents consisting of entries in public records made in
the performance of a duty by a public officer are prima facie evidence of the facts therein stated
Section 24. Proof of official record
Section 25. What certification of copy musrt state
INTERNET RESOURCES
I. PRELIMINARY CONSIDERATION:

A. Importance of the study of Evidence in Law Enforcement:

As an element of our Criminal Justice System, it is the duty of every law enforcement
agencies to provide the prosecution with the materials and information (Evidence)
necessary in order to support conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven
otherwise. This is a prima facie presumption which must be overcome by proof beyond
reasonable doubt.
B. Connecting the chain of events through Evidence during Trial:
Trial refers to “the examination before a competent tribunal, according to the laws of the
land, of the facts in issue in a cause, for the purposes of determining such issue” (U.S. v.

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Raymundo, 14 Phil 416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct
the chain of events from the conception up to the consummation of a criminal design.
C. Factum Probandum and Factum Probans
Factum Probandum – The ultimate facts to be proven. These are the propositions of law.
Examples:
•    murder was committed thru treachery
•    robbery was made through force upon things
Factum Probans – The evidentiary Facts. These addresses questions of fact.
Examples:
•    exit wounds were in front indicating that victim was shot at the back
•    destroyed locks indicative of force upon things
Thus, the outcome of every trial is determined by:
•    Propositions of law, and
•    Questions of fact.
D. Proof and Evidence
Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence
is defined as “the means, sanctioned by the rules, for ascertainment in a judicial
proceeding, the truth, respecting a matter of fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief
in the mind of the judge as to the facts in issue. It refers to the accumulation of evidence
sufficient to persuade the trial court
Quantum of evidence – the totality of evidence presented for consideration
Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges. (they need to prove
evidence example. Ghost exist ,,needed to provide evidence to support)
Variations on degrees of proof based on type of action:
1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction
in an unprejudiced mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that
which is offered to refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion]
E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because of the
constitutional requirement of due process. Due process has been defined as “the law that hears before
it condemns, which proceeds upon inquiry, and renders judgment only after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence
obtained in an illegal search from being introduced in trial.
F. Principle of Chain of Custody of Evidence
If the evidence is of a type which cannot be easily recognized or can readily be confused or
tampered with, the proponent of the object must present evidence of its chain of custody.
The proponent need not negate all possibilities of substitution or tampering in the chain of
custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e.
discoloration due to the application of ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with
regard to the object.
II. GENERAL PROVISIONS:

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A. Concepts of evidence:
1.    It is a means of ascertainment – used to arrive at a legal conclusion
2.    It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy
and admissibility
3.    It is used in a judicial proceeding – there is a jural conflict involving different rights
asserted by different parties
4.    It pertains to the truth respecting a matter of fact – evidence represents a “claim”
either for the prosecution or for the defense where issues (clashes of view) are present.

Admissibility of Evidence:

For evidence to be admissible, it must be:   

1) relevant to the issue [relevancy test], and
2) not excluded by the law or rules of court [competency test].
Note:  To determine the relevancy of any item of proof, the purpose for which it is sought to
be introduced must first be known (There must be a formal offer).

Test of relevancy of evidence:

Whether or not the factual information tendered for evaluation of the trial court would be
helpful in the determination of the factual issue that is disputed.
When is evidence relevant?
When it has a relation to the fact in issue as to induce belief in it’s:   
1) existence, or
2) non-existence
In other words, evidence is relevant when it is:
1) material, and
2) has probative value

What is meant by “probative value”?

It is the tendency of the evidence to establish the proposition that it is offered to prove.
“Collateral Matters” not admissible except when it tend in any reasonable degree to
establish probability or improbability of the fact in issue.
Collateral matters – matters other than the fact in issue and which are offered as a basis for
inference as to the existence or non-existence of the facts in issue.

Collateral matters are classified into:

1.    Antecedent circumstances – facts existing before the commission of the crime [i.e.
hatred, bad moral character of the offender, previous plan, conspiracy, etc.]
2.    Concomitant circumstances – facts existing during the commission of the crime [i.e.
opportunity, presence of the accused at the scene of the crime, etc.]
3.    Subsequent circumstances – facts existing after the commission of the crime [i.e.
flight, extrajudicial admission to third party, attempt to conceal effects of the crime,
possession of stolen property, etc.]

Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. This is so because what is known need
not be proved.
Different kinds of judicial notices:
1.    mandatory
2.    discretionary
3.    hearing required

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C. Confession and Admission, distinguished:
Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.

Different kinds of confession/admission:

1.    Judicial
2.    Extrajudicial
3.    Oral
4.    Written
5.    Voluntary
6.    Forced

Different kinds of evidence:

1.    Relevant evidence – evidence having any value in reason as tending 
       to prove any matter provable in an action.
2.    Material evidence – evidence is material when it is directed to prove a 
       fact in issue as determined by the rules of substantive law and 
       pleadings.
3.    Competent evidence – not excluded by law.
4.    Direct evidence – proves the fact in issue without aid of inference
       or  presumptions.
5.    Circumstantial evidence -  the proof of fact or facts from which, taken         either
singly or collectively, the existence of a particular fact in dispute 
       may be inferred as necessary or probable consequence.
6.    Positive evidence – evidence which affirms a fact in issue.
7.    Negative evidence - evidence which denies the existence of a fact 
       in issue.
8.    Rebutting evidence – given to repel, counter act or disprove facts 
       given in evidence by the other party.
9.    Primary/Best evidence – that which the law regards as affording the greatest certainty.
10.  Secondary evidence – that which indicates the existence of a  more original source of
information.
11.  Expert evidence – the testimony of one possessing knowledge not usually acquired by
other persons.
12. Prima facie evidence – evidence which can stand alone to support a conviction unless
rebutted.
13. Conclusive evidence – incontrovertible evidence
14. Cumulative evidence – additional evidence of the same kind bearing 
      on the same point.
15. Corroborative evidence – additional evidence of a different kind and character tending to
prove the same point as that of previously offered evidence.
16. Character evidence – evidence of a person’s moral standing or personality traits in a
community based on reputation or opinion.
17. Demeanor evidence – the behavior of a witness on the witness stands during trial to be
considered by the judge on the issue of credibility.
18. Demonstrative evidence – evidence that has tangible and exemplifying   purpose.
19. Hearsay evidence – oral testimony or documentary evidence which does not derive its
value solely from the credit to be attached to the witness himself.
20.Testimonial evidence – oral averments given in open court by the witness.
21. Object/Auotoptic proferrence/Real evidence – those addressed to the senses of the
court (sight, hearing, smell, touch, taste).
22. Documentary evidence – those consisting of writing or any material of written
expression offered as proof of its contents. containing letters, words, numbers, figures,

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symbols or other modes 
Best Evidence Rule:
When the subject of the inquiry is the contents of a document, no evidence shall be
admissible other than the original of the document.

For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.

A document is legally considered “Original” when:

1.    It is the subject of an inquiry
2.    When in two or more copies executed at or about the same time, with identical
contents.
3.    When an entry is repeated in ordinary course of business, one being copied from
another at or near the time of the transaction.

Question: May a “fake” document be considered as “original” or “authentic”?

Yes. A forged or spurious document when presented in court for examination is considered
as the original fake/forged document. Thus, a mere photocopy of the allegedly forged or
spurious document is only secondary to the original questioned document.

Secondary Evidence
When the original document has been:
1.    lost,
2.    destroyed, or
3.    cannot be produced in court.

The offeror without bad faith must:

1.    prove its execution or existence, and
2.    prove the cause of its unavailability.

Secondary evidence may consist of:

1.    a copy,
2.    recital of its contents in some authentic document, or
3.    by testimony of witnesses.

When original document is in the custody of:

1.    adverse party – adverse party must have reasonable notice to produce it. After such
notice and satisfactory proof of its existence, he fails to produce it, secondary evidence may
be presented.
2.    public officer – contents may be proved by certified copy issued by the public officer in
custody thereof.

III. TESTIMONIAL EVIDENCE:

Qualifications of witnesses:
1.    can perceive
2.    can make known their perception to others
3.    not disqualified by reason of mental incapacity, immaturity, marriage, privileged
communications, or “dead man’s statute”.

“Res Inter Alios Acta” Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission

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of another.

Exception:
1.    admission by a co-partner or agent
2.    admission by a conspirator
3.    admission by privies
4.    admission by silence

In the above cases, the admission of one person is admissible as evidence against another.

Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal
knowledge; that is, which are derived from his own perception. Any statement which
derives its strength from another’s personal knowledge is hearsay, and is therefore
inadmissible.

Exceptions:
1.    Dying declarations (ante-mortem statements)
2.    Declaration against interest
3.    Act or declaration about pedigree
4.    Family reputation or tradition regarding pedigree
5.    Common reputation
6.    Part of the res gestae
7.    Entries in the course of business
8.    Entries in official records
9.    Commercial lists and the like
10.    Learned treatises
11.    Testimony or deposition at a former proceeding
12.      Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof – the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law.

Presumption – an inference as to the existence of a fact not actually known, arising from its
usual connection with another which is known or a conjecture based on past experience as
to what course human affairs ordinarily take.

2 kinds of presumptions:
1.    Conclusive presumptions [jure et de jure] – based on rules of substantive law which
cannot be overcome by evidence to the contrary.
2.    Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based
on procedural rules and may be overcome by evidence to the contrary.

Kinds of Conclusive Presumptions:

1.    Estoppel by record or judgment – the preclusion to deny the truth of matters set forth
in a record, whether judicial or legislative, and also deny the facts adjudicated by a court of
competent jurisdiction (Salud v. CA, 233 SCRA 387).
2.    Estoppel by deed – a bar which precludes a party to a deed and his privies from
asserting as against the other and his privies any right or title in derogation of the deed or
denying the truth of any material fact asserted in it (Iriola v. Felices, 30 SCRA 202).
3.    Estoppel in pais – based upon express representation or statements or upon positive

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acts or conduct. A party cannot, in the course of litigation or in dealings in pais, be
permitted to repudiate his representation or occupy inconsistent positions.
4.    Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at
the time of the commencement of the relation of landlord and tenant between them.

Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of
Court.

Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court,
and under oath or affirmation. Unless the witness is incapacitated to speak, or the question
calls for a different mode of answer, the answer of the witness shall be given orally.

Rights and Obligations of witnesses:

1. To be protected from irrelevant, improper, or insulting questions,
    and from harsh or insulting demeanor.
2. Not to be detained longer than the interest of justice requires.
3. Not to be examined except only as to matters pertinent to the
    issue.
4. Not to give an answer which will tend to subject him to a penalty
    for an offense unless otherwise provided by law.
5. Not to give an answer which will tend to degrade his reputation,
    unless it be to the very fact at issue or to the fact from which the     fact in issue would
be presumed,but a witness must answer to the
    facts of his previous final conviction for an offense.

Order of Examination of individual witnesses:

Direct examination by the proponent
Cross examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent

Direct examination – the examination in chief of a witness by the party presenting him on
the facts relevant to the issue.
Cross examination – the examination by the adverse party of the witness as to any matter
stated in the direct examination, or connected therewith, with sufficient fullness and
freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon
the issue.

Re-direct examination – second questioning by the proponent to explain or supplement

answers given in the cross examination.
Re-cross examination – second questioning by the adverse party on matters stated on the
re-direct and also on such matters as may be allowed by court.

Different Types of Questions:

Leading questions –It is one where the answer is already supplied by the examiner into the
mouth of the witness. [Ex. You saw Jose killed Juan because you were present when it
happened, didn’t you?]
Misleading question – a question which cannot be answered without making an unintended
admission. [Ex. Do you still beat your wife?]
Compound question – a question which calls for a single answer to more than one question.
[Ex. Have you seen and heard him?]

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Argumentative question – a type of leading question which reflects the examiners
interpretation of the facts. [Ex. Why were you driving carelessly?]
Speculative question – a question which assumes a disputed fact not stated by the witness
as true. [Ex. The victim cried in pain, didn’t he?]
Conclusionary question – a question which asks for an opinion which the witness is not
qualified or permitted to answer. [Ex. Asking a high school drop-out whether the gun used
is a Cal. 45 pistol or 9mm pistol]
Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – [Ex. Are you a homosexual?]

Classes of Documents:
Documents are either public or private.

Public documents are:

    1. The written official acts, or records of the official acts of sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or a foreign country.
    2. Documents acknowledged before a notary public except last wills and testaments.
    3. Public records (1) kept in the Philippines, or private documents (2) required by law to
be entered therein.

All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum – from the words of the law there can be no departure.

Dura lex sed lex – the law may be harsh but it is the law.

Ignorantia legis neminem excusat – ignorance of the law excuses no one.

Ignorantia facti excusat – mistake of fact excuses.

Praeter intentionem – different from that which was intended.

Error in personae – mistake in identity.

Abberatio Ictus – mistake in the blow

Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the
same.

Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not
criminal.

Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my
act.

Mens rea – guilty mind.

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Actus reus – guilty act.

Res ipsa loquitor – the thing speaks for itself.

Causa Proxima – proximate cause which produced the immediate

effect.

Prima facie – at first glance.

Locus Criminis – scene of the crime or crime scene.

Pro Reo – principle in Criminal Law which states that where the statute admits of several
interpretations, the one most favorable to the accused shall be adopted.

Res Gestae – the thing itself.

Falsus in unum, falsus in omnibus – false in one part of the statement would render the
entire statement false (note: this maxim is not recognized in our jurisdiction).
Admissible evidence - Evidence that is both relevant and
competent.
Evidence - Definition of Terms
Admissions - Any statement of fact made by a party against his interest or unfavorable to
the conclusion for which he contends or is inconsistent with the facts alleged by him.
Best Evidence Rule - When the subject of inquiry is the contents of a document, no evidence
shall be admissible other than the original document itself.

Burden of Proof - Duty of a party to present evidence on the

facts in issue necessary to establish his claim/defense by the
amount required by law.

Child Witness - Any person who at the time of giving testimony

is less than 18 years old.

Circumstantial Evidence - Proof of fact/s from which, taken

singly/collectively, the existence of the particular fact in
dispute may be inferred as a necessary/probable consequence.
It is evidence of relevant collateral facts.

Collateral Matters - Matters other than the fact in issue and which
are offered as a basis for inference as to the existence or
non-existence of the facts in issue.

Competence - Evidence is not excluded by law or Rules of Court.

Conclusive Evidence - That class of evidence which the law does

not allow to be contradicted.

Confession - A categorical acknowledgment of guilt made by an

accused in a criminal case without any exculpatory statement
or explanation.

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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.

Direct Evidence - Proves the fact in dispute without aid of any

inference or presumption.

Documentary Evidence : Writings or any material containing

letters, words, numbers, figures, symbols or other modes of
written expression offered as proof of their content.

Electronic Data Message - Information generated, sent, received

or stored by electronic, optical or similar means

Electronic Document - Information or the representation of

information/data/figures/symbols or other modes of written
expression described or however represented, by which a right
is established or an obligation extinguished, or by which a fact
may be proved and affirmed, which is received/recorded/
transmitted/stored/processed/retrieved/produced electronically.
It includes digitally signed documents and any print out or output,
readable by sight or other means, which accurately reflects the
electronic data message or electronic document.

Electronic Signature - Any distinctive mark, characteristic and/or

sound in electronic form, representing the identity of a person
and attached to or logically associated with the electronic data
message or electronic document or any methodology/
procedure employed/adopted by a person and executed/adopted
by such person with the intention of authenticating, signing or
approving an electronic data message or electronic document.

Ephemeral Electronic Communication - Refers to telephone

conversations, text messages, chatroom sessions, streaming
audio, streaming video and other electronic forms of
communication the evidence of which is not recorded/retained.

Extra Judicial Admission - Any admission other than judicial.

Factum probandum – ultimate fact or the fact sought to be

established.

Factum probans – evidentiary fact or the fact by which the factum probandum is
to be established.

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Judicial Admissions - Admissions, verbal or written, made by
the party in the course of the proceedings in the same case.
It requires no proof.

Negative Evidence - When witness states that he did not see or

know of the occurrence of a fact (total disclaimer of personal
knowledge).

Object Evidence - Directly addressed to the senses of the court.

Also called real evidence.

Parol Evidence Rule - Any evidence aliunde, whether oral or

written, which is intended or tends to vary or contradict a
complete and enforceable agreement embodied in a
document.

Pedigree - Relationship, family genealogy, birth, marriage,

death, the dates when and the places where these fast
occurred, and the names of the relatives. It also embraces facts
of family history intimately connected with pedigree.

Positive Evidence - When a witness affirms that a fact did or did

not occur (there is personal knowledge).

Preponderance of Evidence - The evidence adduced by one

side is, as a whole, superior to or has greater weight than that
of the other. Where the evidence presented by one side is
insufficient to ascertain the claim, there is no
preponderance of evidence.

Prima Facie Evidence - That which, standing alone, is sufficient

to maintain the proposition affirmed.

Primary Evidence - (Best Evidence) - That which the law regards

as affording greatest certainty of the fact in question.

Proof Beyond Reasonable Doubt - That degree of proof which

produces conviction in an unprejudiced mind. It does not mean
such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Only moral certainty is required
– that degree of proof which produces conviction in an
unprejudiced mind.

Relevance - Evidence has such a relation to the fact in issue as

to induce belief of its existence or non-existence.

Res Gestae - It literally means “Things done”.

1) Statements made by a person while a starting

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 occurrence is taking place or immediately prior
or subsequent thereto, with respect to the
circumstances thereof.
2) Statements accompanying an equivocal act
material to the issue, and giving it a legal
significance.

Res Inter Alios Acta - The rights of a party cannot be prejudiced

by an act/declaration/omission of another.

Secondary Evidence - (Substitutionary) - That which is inferior to

the primary evidence and is permitted by law only when the best
evidence is not available.

Substantial Evidence - The amount of relevant evidence which

a reasonable mind might accept as adequate to support a
conclusion.

Testimonial Evidence - Submitted to the court through the

testimony or deposition of a witness.

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