1.

The Rules of Court do not distinguish between "direct evidence of fact and evidence of circumstances from which the existence of
a fact may be inferred." The same quantum of evidence is still required. Courts must be convinced that the accused is guilty beyond
reasonable doubt.

A number of circumstantial evidence may be so credible to establish a fact from which it may be inferred, beyond reasonable doubt,
that the elements of a crime exist and that the accused is its perpetrator. 75 There is no requirement in our jurisdiction that only
direct evidence may convict.76 After all, evidence is always a matter of reasonable inference from any fact that may be proven by the
prosecution provided the inference is logical and beyond reasonable doubt.

Rule 113, Section 4 of the Rules on Evidence provides three (3) requisites that should be established to sustain a conviction based on
circumstantial evidence:

(a) There is more than one circumstance;

(b) The facts from which the inferences are derived are proven; and

(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.77

2. Cumulative Evidence

If 50 people saw a shooting, and each witness would each give substantially similar descriptions of the shooting, it would be a
needless presentation of cumulative evidence if all 50 people testified at trial.

“Cumulative evidence" is additional evidence of the same character to the same point.

"Direct evidence" is that which proves a fact without an inference or presumption and which in itself, if true, establishes that fact.

Corroborative Evidence

You swear before a judge that you saw a suspect in front of a convenience store at a certain time, the store's security video might be
corroborating evidence for your testimony. If you accuse your neighbor of denting the door of your car, a corresponding dent in her
bumper could be corroborating evidence.

Positive Evidence- A witnessed that B stabbed C at the back.

Negative Evidence- Manufacturer accused of selling a defective product had no reports of danger over years of selling the product
and thus know knowledge that the product was defective.

3. ADMISSIBILITY refers to the question of whether certain pieces of evidence are to be considered at all, while PROBATIVE VALUE
refers to the question of whether the admitted evidence proves an issue.

4. Testimony of a single witness -Settled is the rule in this jurisdiction that the testimony of a single witness, if credible, positive and
satisfies the court beyond reasonable doubt, is sufficient to convict. CPS

5. FRAME UP- a situation in which someone is made to seem guilty of a crime although they have not committed it by providing
fabricated evidence or testimony.

6-7.Recantation is the renunciation or formal and public withdrawal of a prior statement of a witness.

8. What is a burden of proof?

Burden of proof refers most generally to the obligation of a party to prove its allegations at trial. In a civil case, the plaintiff sets forth
its allegations in a complaint, petition or other pleading. It is the duty of a party to present evidence on the facts in issue necessary
to establish his or her claim or defense by the amount of evidence required by law.
9. What is the burden of evidence?

Burden of evidence is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie
case. Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of the
case.

10. A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise
established in the action or proceeding.

11. There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions.

rebuttable presumptions -a legal principle that presumes something to be true unless proven otherwise. The burden of proof lies
with the party who wishes to rebut or disprove, the presumption

irrebuttable presumption is one that the law does not allow to be contradicted by evidence.

12-16. CONCLUSIVE PRESUMPTION- Conclusive presumptions are presumptions that are specifically declared conclusive by statute.
Conclusive presumptions may not be controverted.

*Presumption that any woman, regardless of age, is capable of bearing a child.

*A child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive
proof.

*A person who has disappeared and not been heard from for seven years is presumed to be dead, but the presumption could be
rebutted if he/she is found alive.

17-21. DISPUTABLE PRESUMPTION- All presumptions, other than conclusive presumptions, are disputable presumptions and may be
controverted.

(1) A person is innocent of crime or wrong.

(2) An unlawful act was done with an unlawful intent.

(3) A person intends the ordinary consequence of the person's voluntary act.

(4) A person takes ordinary care of the person's own concerns.

(5) Evidence willfully suppressed would be adverse if produced.

22-23. Preponderance refers to the evidentiary standard necessary for a victory in a civil case. Proving a proposition by the
preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.

Example: Presenting enough evidence to convince a civil court that a plaintiff's dust allergies were caused by a faulty air conditioning
unit, rather than their incorrect installation of the unit.

24. GUILTY BEYOND REASONABLE DOUBT-The prosecution must convince the judge there's no other reasonable conclusion that can
come from the evidence presented at trial. The accused is entitled to an acquittal, unless his guilt is shown beyond reasonable
doubt.

25. Clear and convincing evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing
evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of
proof than proof by a preponderance of the evidence.
26-31. RULE 7: EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS RRIFNO

Section 1. Factors for assessing evidentiary weight. – In assessing the evidentiary weight of an electronic document, the following
factors may be considered:

(a) The reliability of the manner or method in which it was generated, stored or communicated, including but not limited to input
and output procedures, controls, tests and checks for accuracy and reliability of the electronic data message or document, in the
light of all the circumstances as well as any relevant agreement;

(b) The reliability of the manner in which its originator was identified;

(c) The integrity of the information and communication system in which it is recorded or stored, including but not limited to the
hardware and computer programs or software used as well as programming errors;

(d) The familiarity of the witness or the person who made the entry with the communication and information system;

(e) The nature and quality of the information which went into the communication and information system upon which the electronic
data message or electronic document was based; or

(f) Other factors which the court may consider as affecting the accuracy or integrity of the electronic document or electronic data
message.

JUDICIAL NOTICE AND ADMISSIONS TPFSLAHGOM

"SECTION 1. Judicial notice, when mandatory. — A court shall take judicial notice, without the introduction of evidence, of the
existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of
nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines,
the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and
geographical divisions.

Sec. 2. Judicial notice, when discretionary. — A court may take judicial notice of matters which are of public knowledge, or are
capable of unquestionable demonstration or ought to be known to judges because of their judicial functions.

Sec. 3. Judicial notice, when hearing necessary. — During the trial, the court, on its own initiative, or on request of a party, may
announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.

After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial
notice of any matter ad allow the parties to be heard thereon if such matter is decisive of a material issue in the case."

HOW TO CONTRADICT JUDICIAL ADMISSION?

An admission, verbal or written, made by a party in the course of the proceedings in the same case, does not require proof. The
admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.

35. Is Judicial Notice equivalent to Judicial knowledge?

The mere personal knowledge of the judge is not the judicial knowledge of the court, and he is not
authorized to make his individual knowledge of a fact, not generally or professionally known, the basis
of his action.