Terms

Admissible evidence - Evidence that is both relevant and competent.

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 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.

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.

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.

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 insufficient to ascertain the claim, there is no
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 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.