EVIDENCE

EVIDENCE
The means sanctioned by the law (Rules of
Court) of ascertaining in a judicial
proceedings the truth respecting a matter
of fact.
 SCOPE OF THE RULES ON
EVIDENCE
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.
WHEN IS EVIDENCE
ADMISSIBLE?
• Evidence is admissible when:
• it is RELEVANT to the issue and
• is NOT EXCLUDED BY THE LAW OR
THE RULES OF COURT
KINDS OF ADMISSIBILITY OF EVIDENCE
1.MULTIPLE - Evidence that is plainly relevant and competent
for two or more purposes will be received if it satisfies all the
requirements prescribed by law in order that it may admissible
for the purpose for which it is presented, even if it does not
satisfy the other requisites of admissibility for other purposes.
2. CONDITION – Evidence appears to be immaterial is
admitted by the court subject to the condition that’s its
connection with another fact subsequent to be proved will be
established.
3. CURATIVE – Evidence that is otherwise improper is
admitted (despite objection from the other party) to contradict
improper evidence presented or introduced by the other party,
to cure, contradict, or neutralize such improper evidence.
 COLLATERAL MATTERS
• Facts other than the facts in issue.
• Not allowed or admissible
• Except when it tends to establish the
probability or improbability of the facts in
issue.
DIRECT EVIDENCE
• Establishes the existence of a fact is in
issue without the aid of any inference or
presumption.

• The witness testifies directly of his own

knowledge as to the main facts to be
proved.
CIRCUMSTANCIAL EVIDENCE
• Does not prove the existence of a fact in
issue directly, but merely provides for
logical inference that such fact really
exists.
CIRCUMSTANCIAL EVIDENCE
SUFFICIENT TO CONVICT THE ACCUSED

Requisites for the evidence to be sufficient for

conviction:
1.There is more than one circumstance;
2.The facts from which the inferences are derived
are proven; and
3.The combination of all the circumstances is such
as to produce a conviction beyond reasonable
doubt.
POSITIVE EVIDENCE
• Evidence is positive when the witness
affirms that a fact did or did not occur.
• It is entitled to greater weight since the
witness represents of his personal
knowledge the presence or absence of a
fact.
NEGATIVE EVIDENCE
• Testimony of a witness which states that he did
not see or know the occurrence of a fact
 COMPETENT EVIDENCE AND
CREDIBLE EVIDENCE

COMPETENT EVIDENCE CREDIBLE EVIDENCE

Evidence is not Refers to worthiness of belief

excluded by the rules. (believability)

NOTE: That quality which

renders a witness worthy of
belief.
 WHAT IS JUDICIAL NOTICE
• the cognizance of certain facts which
judges may properly take act on without
proof because they already know them.

• It is based on considerations of
expediency and convenience.
It displaces evidences, being equivalent to
proof.
 MANDATORY JUDICIAL NOTICE
• 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 legislative, executive and judicial
departments of the Philippines, the laws of nature,
• the measure of time, and
• the geographical divisions.
 DISCRETIONARY JUDICIAL
NOTICE
A court may take judicial notice of
matters which are:
• of public knowledge, or
• are capable to unquestionable
demonstration, or
• ought to be known to judges because
of their judicial functions
JUDICIAL ADMISSIONS DEFINED
• It is an admission, verbal or written, made by a
party in the course of the proceedings in the same
case, which does not require proof.

ELEMENTS OF JUDICIAL ADMISSIONS:

1.It must be made by a party to the case or his
counsel;
2.It must be made in the course of the proceedings
in the same case;
3.It can be verbal or written admissions. There is no
particular form required.
 JUDICIAL ADMISSION EXTRAJUDICIAL
ADMISSION

Those made in the course of the Those made out of court or in a

proceeding in the same case. judicial proceeding other than the
one under consideration.

Do not require proof and mat be Regarded as evidence and must

contradicted only by showing that it be offered as such, otherwise the
was made through palpable court will not consider it in deciding
mistake or that no such admission the case.
was made.

Conclusive upon the admitter. Rebutable

OBJECT EVIDENCE DEFINED
 Object evidence (real evidence/autoptic
evidence) is tangible thing submitted to the
court for inspection, exhibition or
demonstration.
• addressed to the senses of the court
• Considered as evidence of the highest
order
REQUIREMENTS FOR ADMISSIBILITY

It must be:
1.Be relevant to the fact in issue;
2.Be authenticated before it is admitted;
3.Not be hearsay
4.Object formally offered
WHAT DOES OBJECT EVIDENCE
INCLUDE?
1.Any article or object which may be known or
perceived by the use of the senses;
2. Examination of the anatomy of person or of any
substance taken therefrom;
3.Conduct of test, demonstration or experiments; and
4.Examination of representative portrayals of the
object in question (e.g. maps, diagram)
 REAL EVIDENCE VS.
DEMONSTRATIVE EVIDENCE
REAL EVIDENCE DEMONSTRATIVE EVIDENCE

Tangible object that played Tangible evidence that merely

some actual role in the matter illustrates a matter of
that gave rise to the litigation. importance in the litigation.

Intends to prove that the objects Intends to show that the

is used in the underlying event. demonstrative object fairly
represents or illustrates what it
is alleged to be illustrated.
 DOCUMENTARY EVIDENCE
DEFINED
• Documents as evidence consist of
writing or any material containing
letters, words, numbers, figures,
symbols or other modes of written
expression offered as proof of their
contents.
REQUISITES FOR ADMISSIBILITY
1.The document must be relevant;
2.The evidence must be authenticated;
3.The document must be authenticated by a
competent witness; and
4.The document must be formally offered in
evidence.
BEST EVIDENCE RULE DEFINED
(Original Document Rule)
General Rule:

•When the subject of inquiry is the

contents of a document, no evidence
shall be admissible other than the
original document itself.
• To prove the fact of death, the best
evidence is the death certificate.
• To prove marriage, the marriage contract.
• To prove ones age, birth certificate.
• To prove ownership of a piece of land, land
title
• To prove ownership of a motor vehicle,
certificate of registration in ones name.
• In a case of falsification of document, the
document alleged to have falsified is the
best evidence.
 EXCEPTIONS TO THE BEST
EVIDENCE RULE
• (a)When the original has been lost or destroyed, or
cannot be produced in court, without bad faith on the
part of the offeror;
• (b)When the original is in the custody or under the
control of the party against whom the evidence is
offered, and the latter fails to produce it after
reasonable notice;
• (c)When the original consists of numerous accounts
or other documents which cannot be examined in
court without great loss of time and the fact sought to
be established from them is only the general result of
the whole; and
• (d)When the original is a public record in the custody
of a public officer or is recorded in a public office
 THREE CONCEPTS OF “ORIGINAL”
DOCUMENT
(a)The original of the document is one the contents
of which are the subject of inquiry
(b)When a document is in two or more copies
executed at or about the same time, with
identical contents, all such copies are equally
regarded as originals.
(c)When an entry is repeated in the regular course
of business, one being copied from another at or
near the time of the transaction, all the entries
are likewise equally regarded as originals.
 SECONDARY EVIDENCE
•It is the class of evidence that is relevant to the fact
in issue, it being first shown that the primary
evidence of the fact is not obtainable.
• it performs the same functions as that of primary
evidence.

NOTE: All original must be first accounted for before

one can resort to secondary evidence. It must appear
that all of them have been lost or destroyed or cannot
be produced in court.
 SECONDARY EVIDENCE MAY BE ADMITTED
WHEN:
1.The offeror must be prove the due execution
and existence of the original document;
2.The offeror must show the cause of its
unavailability; and
3.The offeror must show that the unavailability
was not due to his bad faith.
 ORIGINAL DOCUMENT IN ADVERSE
PARTY’S CUSTODY OR CONTROL

If the document is in the custody or under

the control of adverse party, he must have
reasonable notice to produce it.

If after such notice and after satisfactory

proof of its existence, he fails to produce the
document, secondary evidence may be
presented as in the case of its loss.
 PAROL OF EVIDENCE RULE
•It is any evidence aliunde (extrinsic evidence) which
is intended or tends to vary or contradict a complete
and enforceable agreement embodied in a document.
•It may refer to testimonial, real or documentary
evidence.

RATIONALE:
1.To give stability to written statements;
2.To remove the temptation and possibility of perjury;
and
3.To prevent possible fraud.
REQUISITES FOR THE APPLICATION OF
THE PAROLE EVIDENCE RULE:

1.There must be a valid contract;

2. The terms of the agreement must be
reduced to writing;
3.The dispute is between the parties or their
successors-in-interest; and
4.There is dispute as to the terms of the
agreement.
 EVIDENCE OF WRITTEN AGREEMENT

• When the terms of an agreement have

been reduced to writing, it is considered as
containing all the terms agreed upon and
there can be, between the parties and
their successors in interest, no evidence of
such terms other than the contents of the
written agreement.
 WHAT ARE THE EXCEPTIONS TO
THE PAROLE EVIDENCE RULE?
a party may present evidence to modify, explain or
add to the terms of written agreement if he puts in
issue in his pleading:

• (1)An intrinsic ambiguity, mistake or imperfection in

the written agreement;
• (2)The failure of the written agreement to express the
true intent and agreement of the parties thereto;
• (3)The validity of the written agreement; or
• (4)The existence of other terms agreed to by the
parties or their successors in interest after the
execution of the written agreement.
The term "agreement" includes wills.
 DISTINGUISH BEST EVIDENCE RULE
FROM PAROLE EVIDENCE RULE
The parole evidence rule precludes or
prohibits varying the terms of the written
agreement, while the best evidence rule
prohibits the introduction of inferior
evidence where a better evidence is
available.
QUALIFICATIONS OF A WITNESS:
1.Can perceive and perceiving;
2.Can make known their perception to others;
3.Must not possess the disqualifications
imposed by the law or rules.
A PROSPECTIVE WITNESS MUST SHOW
THAT HE HAS THE FOLLOWING ABILITIES:
1.To Observe – the testimonial quality of
perception;
2.To Remember – the testimonial quality of
memory;
3.To Relate – the testimonial quality of
narration; and
4.To Recognize a duty to tell the truth – the
testimonial quality or sincerity.
 THINGS THAT DOES NOT
DISQUALIFY A WITNESS

Religious or political belief, interest in

the outcome of the case, or conviction
of a crime unless otherwise provided
by law, shall not be ground for
disqualification.
COMPETENCY OF A CREDIBILITY OF A
WITNESS WITNESS

Has reference to the Refers to the

basic qualifications believability of the
of a witness as his witness and has
capacity to perceive nothing to do with the
and his capacity to law or the rules.
communicate his
perception to others
 IN GENERAL STATE THE
DISQUALIFICATIONS OF WITNESSES
1. Disqualification by reason of mental incapacity or
immaturity;
2. Disqualification by reason of marriage;
3. Disqualification by reason of death or insanity of adverse
party;
4. Disqualification by reason of privileged communication
between:
– husband and wife;
– attorney and client;
– physician and patient;
– priest and penitent;
– public office (privilege of state secrets)
 DISQUALIFICATION BY MENTAL
INCAPACITY OR IMMATURITY

(a) Mental incapacity - Those whose mental

condition, at the time of their production for
examination, is such that they are incapable of
intelligently making known their perception to
others;
(b) Immaturity - Children whose mental maturity is
such as to render them incapable of perceiving the
facts respecting which they are examined and of
relating them truthfully.
DISQUALIFICATION BY REASON
OF MARRIAGE
• During their marriage, neither the husband
nor the wife may testify for or against the
other without the consent of the affected
spouse, except:
• in a civil case by one against the other, or
• in a criminal case for a crime committed by
one against the other or the latter's direct
descendants or ascendants.

Also known as the “Marital Disqualification Rule”.

 SURVIVORSHIP DISQUALIFICATION RULE
(DEAD MAN STATUTE)
Elements for the application of the rule:
1. The defendant in the case is the executor or the
administrator or a representative of the deceased
or a person of unsound mind;
2. The case is against the executor or the
administrator or a representative of the deceased
or the person of unsound mind.
3. The subject matter of the action is a claim or
demand against the estate of a deceased person
or a person of unsound mind; and
4. The testimony is as to any matter of fact
occurring before the death of such deceased
person or before such person became unsound
mind.
 WHAT IS PRIVILEGED
COMMUNICATION?

communications received in confidence by a

person from another by reason of trust or
intimate relationship may not be revealed
to the court.
DISQUALIFICATION BY REASON OF
PRIVILEGE COMMUNICATION

The following persons cannot testify as to

matters learned in confidence in the following
cases:
1.HUSBAND and WIFE
2.ATTORNEY and CLIENT
3.PHYSICIAN and PATIENT
4.PRIEST and PENITENT
5.PUBLIC OFFICERS
1. HUSBAND AND WIFE
Requisites for the application of this privilege:
1.There was a valid marriage;
2.The privilege is invoked with respect to a
confidential communication between the
spouses during the said marriage; and
3.The spouse against whom such evidence is
being offered has not given his consent to such
testimony.
THE PRIVILEGE IS INAPPLICABLE:

1.In a civil case by one against the other, or

2.In a criminal case for a crime committed by

one against the other or the latter’s direct
ascendants or descendants.
2. ATTORNEY AND CLIENT
Requisite for the application of this privilege:
1.Attorney-client relation;
2.The privilege is invoked with respect to a
confidential communication between them in
the course of professional employment; and
3.The client has not given his consent to the
attorney’s secretary, stenographer, or clerk is
sought to be examined, that both the client and
the attorney have not given their consent.
It does not apply to communications which
are:
1.Intended to be made public;
2.Intended to be communicated to others;
3.Intended for an unlawful purpose;
4.Received from third person not acting in
behalf or as agents of the client;
5.Made in the presence of third parties who are
strangers to the attorney-client relationship.
3. PHYSICIAN AND PATIENT
Requisites for the application of this privilege:
1.The action involves a civil case;
2.The relation of physician and patient existed
between the person claiming the privilege or his legal
representative and the physician;
3.The advice or treatment given by him, or any
information was acquired by the physician while
professionally attending to the patient;
4.The information was necessary for the performance
pf his professional duty; and
5.The disclosure of the information would tend to
blacken the reputation of the patient.
It does not apply to communications which
are:
1.Not given in confidence;
2.Irrelevant to the professional employment;
3.Made for an unlawful purpose;
4.Intended to be made in public;
5.Waived either by contract or law.
Pieces of information which cannot be
disclosed:
1.Any advice or treat given to the client;
2.Any information acquired in attending such
patient provided that the advice, treatment or
information was made or acquired in a
professional capacity and was necessary to
enable him to act in that capacity; and
3.That the information sought to be disclosed
would tend to blacken the reputation of the
patient.
4. PRIEST AND PENITENT
Requisites for the application of this privilege:
1.The confession must have been made to the priest
in his professional character according to the
discipline of the church to which the priest or minister
belongs; and
2.Communications made must be confidential and
must be penitential in character.

NOTE: This privilege is inapplicable:

When the communication is not penitential in
character as when what is divulge is the plan to
commit a crime.
5. PUBLIC OFFICERS
Requisites for the application of this privilege:
1.The communication must have been made to
a public officer;
2.The communication was given to the public
officer in official confidence; and
3.The public interest would suffer by the
disclosure of the communication.
WHAT IS PARENTAL AND FILIAL
PRIVILEGE?

No person may be compelled to testify

against his parents, other direct
ascendants, children or other direct
descendants.
• PARENTAL PRIVILEGE- parents cannot
be compelled to testify against his
descendants;
• FILIAL PRIVILEGE means, witness
cannot be compelled to testify against his
parents or other direct ascendants
RULE ON EXAMINATION OF A CHILD
WITNESS
The examination of a child witness presented in
a hearing, or any proceeding shall be done in open
court. Unless the witness is incapacitated to speak, or
the question calls for a different mode of answer.
The party who presents a child witness or the
guardian ad litem of such child witness may,
however, move the court to allow him to testify in the
manner provided in this rule.
 ADMISSIONS, DEFINED

any statement of a fact by a party against

his interest or unfavorable to the
conclusion for which he contends or is
inconsistent with the facts alleged by him.
It is a statement of fact which does not
involve an acknowledgment of guilt or
liability (this is the more popular definition)
 CONFESSIONS, DEFINED

The declaration of an accused expressly

acknowledging his guilt of the offense charged.

A categorical acknowledgment of guilt made by

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

A statement of fact which A statement of fact which

does not involve an involves an acknowledgement of
acknowledgement of guilt or guilt or liability.
liability.

May be made by third Can be made only by the party

persons and in certain himself and in some instances,
cases, are admissible are admissible against.
against a party.

May be express or implied. Always express.

 2 KINDS OF CONFESSIONS

1. Judicial Confession – made in the court

where the case is pending.
2. Extrajudicial Confession – made in any
other place except in the court and
cannot sustain or result into a conviction
unless corroborated by evidence of
corpus delicti.
 WHAT ARE THE TYPES OF
ADMISSSIONS?

• Admission by a party
• Admission by co partner or agent
• Admission by co conspirator
• Admission by privies
• Admission by silence
 COMPROMISE, DEFINED

A contract whereby parties by making reciprocal

concessions, avoid a litigation or put an end to
one already commenced.

An agreement made between two or more

parties as a settlement of matters in dispute.
OFFER OF COMPROMISE NOT ADMISSIBLE

1.In civil case, an offer of compromise is not an

admission of any liability and is not admissible in
evidence against the offeror.

2.In criminal case, except those involving quasi-

offenses (criminal negligence) or those allowed by
law to be compromised, an offer of compromised by
the accused may be received in evidence as an
implied admission of guilt.
 WHAT IS THE EFFECT OF ADMISSIONS
BY A 3RD PARTY UPON THE RIGHTS OF
ANOTHER?
The rights of a party cannot be prejudiced by
an act, declaration, or omission of another.

RES INTER ALIOS ACTA ALTERI NOCERE NON

DEBET
means “things done between strangers should not injure
those who are not parties to them.”
 WHAT ARE THE EXCEPTIONS TO
THE RES INTER ALIOS ACTA RULE?

1. ADMISSION BY PARTNER/AGENT
2. ADMISSION BY CO CONSPIRATORS
3. ADMISSIONS BY PRIVIES
4. ADMISSIONS BY SILENCE
State the rule on ADMISSIONS BY
PARTNER OR AGENT.
Requisites:
1. The act or declaration of a partner or agent of a
party must be within the scope of his authority;

2. During the existence of the partnership or

agency;

3. After the partnership or agency is shown by

evidence other than such act or declaration.
 State the rule on ADMISSION BY
CO CONSPIRATOR.
Requisites:
1. The declaration or act be made or done during the
existence of the conspiracy;

2. The declaration or act must relate to the

conspiracy; and

3. The conspiracy must be shown by evidence other

than the declaration or act (evidence aliunde)
 State the rule on ADMISSIONS BY
PRIVIES.
Requisites:
1. There must be privity between the party and the
declarant;

2. The declarant as predecessor-in-interest made the

declaration while holding the title to the property;
and

3. The admission relates to the property.

 StaTe the rule on ADMISSION BY
SILENCE.
1. He must have heard or observed the act or
declaration of the other person.
2. He must have had the opportunity to deny it;
3. He must have understood the statement;
4. He must have an interest to object, such that he
would naturally have done so, if the statement was
not true;
5. The facts were within his knowledge; and
6. The fact admitted or the inference to be drawn
from his silence is material to the issue.
CLASSIFICATION OF CONFESSION
1.Judicial Confession – is one made by the
accused before a court in which the case is
pending and in the course of legal proceedings
therein and, by itself, can sustain conviction.
2.Extrajudicial Confession – is one made in
any other place or occasion and cannot sustain
a conviction unless corroborated by evidence
of corpus delicti.
 What is CORPUS DELICTI?

• it may refer to:

– The body of the crime or;
– The actual commission of the crime charged;
or
– The fact that a crime has been actually
committed.
 REQUISITES OF VALID
CONFESSIONS
Requisites:
1.Confession must be express and categorical
acknowledgement of the crime;
2. Facts admitted must be constitutive of a criminal
offense;
3. Confession must be intelligent;
4. Confession must be voluntarily given;
5. There must be no violation of article III Sec. 12
(Miranda Rights) of the 1987 Constitution.
INTERLOCKING CONFESSIONS,
DEFINED
• The interlocking confession rule states that-
where several extrajudicial statements had been
made by several accused charged with an
offense and there could have been no collusion
with reference to said confessions, the facts that
the statements are in all material respects
identical, is confirmatory of the confession of the
co defendants and is admissible against other
persons implicated therein.
 State the rule on
PREVIOUS/SIMILAR CONDUCT
AS EVIDENCE.
Evidence that one did or did not do a certain
thing at one time is not admissible to prove
that he did or did not do the same or similar
thing at another time; but it may be received
to prove a specific intent or knowledge;
identity, plan, system, scheme, habit, custom
or usage, and the like. (Res inter alios act alteri
noceri non debet-Part II)
What is the effect of unaccepted
offer?

An offer in writing to pay a particular

sum of money or to deliver a written
instrument or specific personal
property is, if rejected without valid
cause, equivalent to the actual
production and tender of the money,
instrument, or property
 State the TESTIMONIAL
KNOWLEDGE 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, except as
otherwise provided in these rules.
What is HEARSAY EVIDENCE?

It is evidence not of what the witness

knows himself by personal knowledge but
of what he has heard from others. Hearsay
evidence as a general rule is not allowed.
It is also known as SECOND HAND
EVIDENCE.
 REASON WHY HEARSAY
EXCLUDED AS EVIDENCE

It is excluded because the party against

whom it is presented is deprived of the
right and opportunity to cross examine the
persons to whom the statement is
attributed.
OTHER SAMPLES OF HEARSAY
EVIDENCE
• Affidavits where the affiants were not
presented in court for cross examinations.
• Medical certificates where the doctor who
executed the same were not presented in
the court for cross examinations.
What is the DOCTRINE OF INDEPENDENTLY
RELEVANT STATEMENT?

It states that when the testimony is presented to

establish not the truth but only the tenor of the
statement or the fact that the statement was
made, it is not hearsay and hence admissible.
Under this rule, only the fact that such
statements were made is relevant and
admissible, but the truth or even the falsity
thereof is not material.
 INDEPENDENTLY RELEVANT
STATEMENTS
• This doctrine states that conversations
communicated to a witness by third person
may be admitted as proof that, regardless
of their truth or falsity, they were actually
made. Evidence as to the making of such
statement is not secondary but primary, for
in itself it constitutes a fact in issue or is
circumstantially relevant to the existence
of such fact.
 ENUMERATE THE EXCEPTIONS
TO THE HEARSAY RULE
• Dying Declaration;
• declaration Against Interest;
• Act or declaration About Pedigree;
• Family reputation or Tradition Regarding Pedigree[1];
• Common Reputation;
• Parts of the Res Gestae;
• Entries in the Course of Business;
• Entries in Official Record;
• Commercial Lists and the Like;
• Learned treatises.
 State the rule on DYING
DECLARATIONS
Requisites:
1. It must concern the crime and the surrounding
circumstances of the declarant’s death;
2. At the time it was made, the declarant was under
the consciousness of an impending death;
3. The declarant was competent as a witness at
the time the same was executed;
4. The declaration is offered in a criminal case for
homicide, murder, or parricide in which the
declarant was the victim
 REQUISITES OF DYING
DECLARATION
a. Death is imminent and the declarant is
conscious of it;
b. The declaration must concern the crime;
c. The declarant must be competent as a
witness;
d. The declaration is offered in a criminal
case where the death of the declarant is
the subject of inquiry.
 2 REASONS WHY DYING
DECLARATIONS ARE ADMISSIBLE
• NECESSITY- because the declarant death
makes it impossible for him to take the
witness stand and
• TRUSTWORTHINESS- for when a person
is at the point of death, every motive for
falsehood is silenced and the mind is
induced by the most powerful
consideration to speak the truth.
 MISCONCEPTION IN DYING
DECLARATION

Q: Will the court automatically convict a person

who is named by the victim in his dying
declaration?
A: No. If the place where the crime occurred was
dark or completely dark or his back was turned
when he was hit by an unknown assailant, it may
not be possible for the victim to identify his
assailant and hence his dying declaration
naming a particular person to be his killer may
not be believed (because it may cause injustice).
 DECLARATION AGAINST
INTEREST

The declaration made by a person deceased, or

unable to testify, against the interest of the
declarant, if the fact is asserted in the
declaration was at the time it was made so
far contrary to declarant's own interest, that
a reasonable man in his position would not
have made the declaration unless he
believed it to be true, may be received in
evidence against himself or his successors
in interest and against third persons.
 DECLARATION ABOUT PEDIGREE
Requisite:
1. That the declarant is dead or unable to testify;
2. That the declarant be related to the person whose pedigree
is the subject of inquiry by birth or marriage;
3. That such relationship be shown by evidence other than the
declaration; and
4. That the declaration was made ante litem motam or prior to
the controversy.

The word "pedigree" includes relationship, family

genealogy, birth, marriage, death, the dates when and
the places where these fast occurred, and the names of
the relatives. It embraces also facts of family history
intimately connected with pedigree.
 FAMILY REPUTATION OR
TRADITION ABOUT PEDIGREE

The reputation or tradition existing in a family

previous to the controversy (ante litem
motam), in respect to the pedigree of any one
of its members, may be received in evidence
if the witness testifying thereon be also a
member of the family, either by
consanguinity or affinity. Entries in family
bibles or other family books or charts,
engravings on rings, family portraits and the
like, may be received as evidence of
pedigree.
 COMMON REPUTATION

Common reputation existing previous to

the controversy, respecting facts of
public or general interest more than
thirty years old, or respecting marriage
or moral character, may be given in
evidence. Monuments and inscriptions
in public places may be received as
evidence of common reputation.
 RES GESTAE

Statements made by a person while a starting

occurrence is taking place or immediately
prior or subsequent thereto with respect to
the circumstances thereof, may be given in
evidence as part of res gestae. So, also,
statements accompanying an equivocal act
material to the issue, and giving it a legal
significance, may be received as part of the
res gestae
 RES GESTAE
It Means “things done” it includes
circumstances, facts and declarations
incidental to the main fact or transaction
necessary to illustrate its character

It also includes acts, words and

declarations which are so closely
connected therewith as to constitute a part
of the transaction.
 REQUISITES OF RES GEATE
a. There must be a startling occurrence;
b. The statement must refer to the
occurrence and its attending
circumstances;
c. The statement must be spontaneous.
 DISTINGUISH RES GESTAE
FROM DYING DECLARATIONS
a. A dying declaration is made only by the victim
while res geate may also be made by a third
person.
b. Dying declaration is made only after the attack
has been committed; while res gestae may be
made before, during or after the attack.
c. Basis of dying declaration is impending death,
while res geate is spontaneity of the statement
 ENTRIES IN THE COURSE OF
BUSINESS
Entries made at, or near the time of
transactions to which they refer, by a
person deceased, or unable to testify,
who was in a position to know the facts
therein stated, may be received as
prima facie evidence, if such person
made the entries in his professional
capacity or in the performance of duty
and in the ordinary or regular course of
business or duty.
ENTRIES IN OFFICIAL RECORDS

Entries in official records made in the

performance of his duty by a public
officer of the Philippines, or by a
person in the performance of a duty
specially enjoined by law, are prima
facie evidence of the facts therein
stated
 COMMERCIAL LISTS
• Evidence of statements of matters of
interest to persons engaged in an
occupation contained in a list, register,
periodical, or other published
compilation is admissible as tending to
prove the truth of any relevant matter
so stated if that compilation is
published for use by persons engaged
in that occupation and is generally
used and relied upon by them therein.
 LEARNED TREATISES

A published treatise, periodical or pamphlet on

a subject of history, law, science, or art is
admissible as tending to prove the truth of a
matter stated therein if the court takes
judicial notice, or a witness expert in the
subject testifies, that the writer of the
statement in the treatise, periodical or
pamphlet is recognized in his profession or
calling as expert in the subject
 OPINION RULE
GENERAL RULE:
the opinion of a witness is not admissible,
except as indicated in the following sections.
EXCEPTIONS:
1.Opinion of expert witness
2.Opinion of ordinary or lay witnesses regarding:
a. identity of a person
b. handwriting of a person
c. mental sanity of a person, and
d. impressions of the emotion, behavior,
condition, or appearance of a person.
 State the rule on opinion of expert
witness.
The opinion of a witness on a matter
requiring special knowledge, skill,
experience or training which he shown
to posses, may be received in
evidence.
 WHEN IS OPINION OF ORDINARY
WITNESS ADMISSIBLE?

The opinion of a witness for which proper basis is

given, may be received in evidence regarding —

(a)the identity of a person about whom he has

adequate knowledge;
(b)A handwriting with which he has sufficient
familiarity; and
(c)The mental sanity of a person with whom he is
sufficiently acquainted.
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a
person.
EXEMPLARS – ARE NON-TESTIMONIAL
IDENTIFICATION EVIFENCE LIKE
FINGERPRINTS,
FOOTPRINTS,VOICEPRINTS, BLOOD
SAMPLES, HANDWRITING SAMPLES,
LINEUP IDENTIFICATION.
STATE THE RULE ON ADMISSIBILITY OF
CHARACTER OF WITNESS

Character evidence not generally

admissible

CHARACTER – is defined to be the

possession by a person of certain qualities
of mind and morals, distinguishing him
from others.
 BURDEN OF PROOF, DEFINED
• Burden of proof is 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.
BURDEN OF PROOF – never shift from one
party to the other party at any stage of the
proceeding; it remains throughout the
proceeding.

BURDEN OF EVIDENCE – shift back and

forth as the proceeding progresses.

ONUS PROBANDI- BURDEN OF PROOF

ONUS EVIDENTIAE – BURDEN OF EVIDENCE
Define PREPONDERANCE OF EVIDENCE

• it means that the testimony adduced by one side

is more credible and conclusive than that of the
other, or the evidence as a whole, adduced by
one side is superior to the other. It is not meant
the mere numerical array of witnesses, but it
means the weight, credit and value of the
aggregate evidence on either side.
Preponderance of evidence means evidence
which is of greater weight or more convincing
than the other
 DEFINE SUBSTANTIAL
EVIDENCE
• such relevant evidence as a reasonable
mind might accept as adequate to support
a conclusion.
 CONCLUSIVE PRESUMPTION
DEFINED
• It is an inference which the law makes so
peremptory that it will not allow such
inference to be overturned by any contrary
proof however strong. Conclusive
presumption is also known as presumption
juris et de jure.
 GIVE INSTANCES OF
CONCLUSIVE PRESUMPTION
• (a)Whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately led to
another to believe a particular thing true, and to act
upon such belief, he cannot, in any litigation arising
out of such declaration, act or omission, be
permitted to falsify it:
• This is known as: ESTOPPEL IN PAIS
• (b)The tenant is not permitted to deny the title of his
landlord at the time of commencement of the relation
of landlord and tenant between them.
• This is known as: ESTOPPEL BY DEED
 DISPUTABLE PRESUMTION
DEFINED
• It is a presumption which stands as true
unless rebutted by contrary evidence. This
is also known as presumption juris tantum.
 EXAMPLES OF DISPUTABLE
PRESUMPTIONS
• (a)That a person is innocent of crime or wrong;
• (b)That an unlawful act was done with an unlawful intent;
• (c)That a person intends the ordinary consequences of his
voluntary act;
• (d)That a person takes ordinary care of his concerns;
• (e)That evidence willfully suppressed would be adverse if
produced;
• (f)That money paid by one to another was due to the latter;
• (g)That a thing delivered by one to another belonged to the
latter;
• (h)That an obligation delivered up to the debtor has been paid;
• (i)That prior rents or installments had been paid when a receipt
for the later one is produced;
• (j)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;
• (w)That after an absence of seven years, (7)
it being unknown whether or not the
absentee still lives, he is considered dead for
all purposes, except for those of succession.
• The absentee shall not be considered dead
for the purpose of opening his succession till
after an absence of ten years (10). If he
disappeared after the age of seventy-five
years, an absence of five years (5) shall be
sufficient in order that his succession may
be opened.
• The following shall be considered dead for all
purposes including the division of the estate among
the heirs:
• (1)A person on board a vessel lost during a sea
voyage, or an aircraft with is missing, who has not
been heard of for four years since the loss of the
vessel or aircraft;
• (2)A member of the armed forces who has taken part
in armed hostilities, and has been missing for four
years;
• (3)A person who has been in danger of death under
other circumstances and whose existence has not
been known for four years;
• (4)If a married person has been absent for four
consecutive years, the spouse present may contract
a subsequent marriage if he or she has well-founded
belief that the absent spouse is already death. In
case of disappearance, where there is a danger of
death the circumstances hereinabove provided, an
absence of only two years shall be sufficient for the
purpose of contracting a subsequent marriage.
However, in any case, before marrying again, the
spouse present must institute summary proceedings
as provided in the Family Code and in the rules for
declaration of presumptive death of the absentee,
without prejudice to the effect of reappearance of the
absent spouse. aw library
• (dd)That if the marriage is terminated and the mother
contracted another marriage within three hundred days after
such termination of the former marriage, these rules shall
govern in the absence of proof to the contrary:
• (1)A child born before one hundred eighty days after the
solemnization of the subsequent marriage is considered to
have been conceived during such marriage, even though it be
born within the three hundred days after the termination of the
former marriage.
• (2)A child born after one hundred eighty days following the
celebration of the subsequent marriage is considered to have
been conceived during such marriage, even though it be born
within the three hundred days after the termination of the
former marriage.
• That except for purposes of succession, when two persons perish in
the same calamity, such as wreck, battle, or conflagration, and it is not
shown who died first, and there are no particular circumstances from
which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes,
according to the following rules:
• 1.If both were under the age of fifteen years, the older is deemed to
have survived;
• 2. If both were above the age sixty, the younger is deemed to have
survived;
• 3. If one is under fifteen and the other above sixty, the former is
deemed to have survived;
• 4. If both be over fifteen and under sixty and the sex be different, the
male is deemed to have survived, if the sex be the same, the older;
• 5.If one be under fifteen or over sixty, and the other between those
ages, the latter is deemed to have survived.
• Presumption of Law- is known as
presumption presumtiones juris. They are
the conclusive (juris et de jure) and
disputable presumptions (presumption
juris tantum).
• Presumption of fact is known as
presumtiones hominis
 Q: Mention some common and well
recognized presumptions by jurisprudence.
• A: They are:
• A man and a woman living together are married.
• That every person is of sound mind as sanity is
presumed and not insanity.
• Good faith is always presumed and not bad
faith.
• That a person is potent because impotency
being an abnormality is not presumed.
 CLEAR AND CONVINCING
EVIDENCE
• is evidence more than preponderance of
evidence but less than proof beyond
reasonable doubt. It is the quantum
required to prove insanity, paternity or
filiation, self defense among others.
 EXAMINATION OF WITNESS
• The examination of witnesses
presented in a trial or hearing shall be
done in open court, and under oath or
affirmation. Unless the witness is
incapacitated to speak, or the
questions call for a different mode of
answer, the answers of the witness
shall be given orally.
 OATH, DEFINED
• A form of attestation by which a person
signifies that he is bound in conscience
and that in case he does not tell the truth
divine retribution would follow against him.
• It is an outward pledge, given by the
person taking it that his attestation or
promise is made under an immediate
sense of responsibility to God.
 AFFIRMATION, DEFINED
• Any solemn and formal declaration in liue
of an oath stating that the witness will tell
the truth.
 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.
• A transcript of the record of the proceedings made
by the official stenographer, stenotypist or recorder
and certified as correct by him shall be deemed
prima facie a correct statement of such proceedings
 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:
• (1)To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
• (2)Not to be detained longer than the interests of
justice require;
• (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;
 ORDER IN THE EXAMINATION
OF WITNESS
• (a)Direct examination by the proponent;
(Also known as EXAMINATION IN
CHIEF)
• (b)Cross-examination by the opponent;
• (c)Re-direct examination by the
proponent;
• (d)Re-cross-examination by the
opponent.
 DIRECT EXAMINATION
• — Direct examination is the
examination-in-chief of a witness by the
party presenting him on the facts
relevant to the issue.
 CROSS EXAMINATION
• 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.
 RE DIRECT EXAMINATION
• 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,
questions on matters not dealt with
during the cross-examination, may be
allowed by the court in its discretion.
 RE CROSS EXAMINATION
• Upon the conclusion of the re-direct
examination, the adverse party may re-
cross-examine the witness on matters
stated in his re-direct examination, and
also on such other matters as may be
allowed by the court in its discretion
 RECALLING WITNESS
• After the examination of a witness by
both sides has been concluded, the
witness cannot be recalled without
leave of the court. The court will grant
or withhold leave in its discretion, as
the interests of justice may require.
 LEADING QUESTION
• A question which suggests to the
witness the answer which the
examining party desires is a LEADING
QUESTION
 ARE LEADING QUESTIONS
ALLOWED?
• It is not allowed, except:
• (a)On cross examination;
• (b)On preliminary matters;
• (c)When there is a difficulty is getting direct and
intelligible answers from a witness who is ignorant,
or a child of tender years, or is of feeble mind, or a
deaf-mute;
• (d)Of an unwilling or hostile witness; or
• (e)Of a witness who is an adverse party or an officer,
director, or managing agent of a public or private
corporation or of a partnership or association which
is an adverse party.
 MISLEADING QUESTION
• A MISLEADING QUESTION is one
which assumes as true a fact not yet
testified to by the witness, or contrary
to that which he has previously stated.
It is not allowed.
IMPEACHMENT OF WITNESS
• PROCESS OF DISCREDITING A
WITNESS
 HOW TO IMPEACH A WITNESS
• A witness may be impeached by the party
against whom he was called, by:
• contradictory evidence,
• by evidence that his general reputation for
truth, honestly, or integrity is bad, or
• by evidence that he has made at other times
statements inconsistent with his present,
testimony, but not by evidence of particular
wrongful acts, except that it may be shown
by the examination of the witness, or the
record of the judgment, that he has been
convicted of an offense.
CAN YOU IMPEACH YOUR OWN
WITNESS?
NO. The party producing a witness is not
allowed to impeach his credibility. Except
with respect to witnesses referred to in
paragraphs d (unwilling or hostile witness)
and e (witness who is adverse party) of
Section 10,
 UNWILLING OR HOSTILE
WITNESS
• A witness may be considered as
unwilling or hostile only if so declared
by the court upon adequate showing of
his adverse interest, unjustified
reluctance to testify, or his having
misled the party into calling him to the
witness stand.
EXCLUSION AND SEPARATION
OF WITNESSES
On any trial or hearing, the judge may
exclude from the court any witness not
at the time under examination, so that
he may not hear the testimony of other
witnesses. The judge may also cause
witnesses to be kept separate and to be
prevented from conversing with one
another until all shall have been
examined.
Present Recollection Revived
A witness may be allowed to refresh his
memory respecting a fact, by anything
written or recorded by himself or under his
direction at the time when the fact
occurred, or immediately thereafter, or at
any other time when the fact was fresh in
his memory and knew that the same was
correctly written or recorded
Past Recollection Recorded).
A witness may testify from such writing or
record, though he retain no recollection of
the particular facts, if he is able to swear
that the writing or record correctly stated
the transaction when made; but such
evidence must be received with caution
State the Open Door Policy or Completeness Rule
of the law on evidence

It states when part of an act, declaration,

conversation, writing or record is given in
evidence by one party, the whole of the
same subject may be inquired into by the
other
 OFFER OF EVIDENCE
• means the presentation or introduction of
evidence in court. The court shall consider
no evidence which has not been formally
offered.
 PUBLIC AND PRIVATE
DOCUMENTS
• For the purpose of their presentation evidence,
documents are either public or private.
• Public documents are:
• (a)The written official acts, or records of the official
acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the
Philippines, or of a foreign country;
• (b)Documents acknowledge before a notary public
except last wills and testaments; and
• (c)Public records, kept in the Philippines, of private
documents required by law to the entered therein.
• All other writings are private.
 FOUR KINDS OF DOCUMENTS
• PRIVATE DOCUMENTS- are every deed or
instrument executed by a private person without the
intervention of a public notary or other persons legally
authorized; by which some disposition or agreement is
proved, evidenced or set forth.
• COMMERCIAL DOCUMENT-any document defined
and regulated by the Code of Commerce
• OFFICIAL DOCUMENT- a document which is issued
by a public official in the exercise of the functions of his
office.
• PUBLIC DOCUMENT
PROOF OF PRIVATE DOCUMENT
• Before any private document offered as
authentic is received in evidence, its
due execution and authenticity must be
proved either:
• (a) By anyone who saw the document
executed or written; library
• (b) By evidence of the genuineness of
the signature or handwriting of the
maker.
 ANCIENT DOCUMENT RULE
• Where a private document is more than
thirty years old, is produced from the
custody in which it would naturally be
found if genuine, and is unblemished
by any alterations or circumstances of
suspicion, no other evidence of its
authenticity need be given
HOW TO PROVE GENUINESS OF
HANDWRITING?
• The handwriting of a person may be proved:
• 1. by any witness who believes it to be the
handwriting of such person because he has seen the
person write, or
• 2. by a witness who has seen writing purporting to be
his upon which the witness has acted or been
charged, and has thus acquired knowledge of the
handwriting of such person.
Evidence respecting the handwriting may also be
given
• 3. by a comparison, made by the witness or the court,
with writings admitted or treated as genuine by the
party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge.
AUTHENTICATION, MEANING
• To authenticate a private document means
to prove its genuineness and due
execution. Due execution and
genuineness means the instrument is not
spurious, counterfeit etc.
VALUE OF ENTRIES IN PUBLIC
RECORDS
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
 EFFECT OF NOTARIZATION OF
DOCUMENTS
• Every instrument duly acknowledged or
proved and certified as provided by
law, may be presented in evidence
without further proof, the certificate of
acknowledgment being prima facie
evidence of the execution of the
instrument or document involved.
• Q: What is the effect of notarization?
• A: It converts private documents into
public documents. Hence it becomes
admissible in evidence without further
proof of its authenticity
 FILIPINO AND ENGLISH
• Documents written in an unofficial
language shall not be admitted as
evidence, unless accompanied with a
translation into English or Filipino. To
avoid interruption of proceedings,
parties or their attorneys are directed to
have such translation prepared before
trial.
 OFFER OF EVIDENCE
• The court shall consider no evidence
which has not been formally offered.
The purpose for which the evidence is
offered must be specified.
 WHEN TO MAKE OFFER OF
EVIDENCE
• As regards the testimony of a witness,
the offer must be made at the time the
witness is called to testify.
• Documentary and object evidence shall
be offered after the presentation of a
party's testimonial evidence. Such offer
shall be done orally unless allowed by
the court to be done in writing.
WHEN TO MAKE AN OBJECTION
• Objection to evidence offered orally must be
made immediately after the offer is made. 
• Objection to a question propounded in the
course of the oral examination of a witness
shall be made as soon as the grounds
therefore shall become reasonably apparent.
• An offer of evidence in writing shall be
objected to within three (3) days after notice
unless a different period is allowed by the
court.
• In any case, the grounds for the objections
must be specified.
 STRIKING OUT ANSWERS
• Should a witness answer the question before
the adverse party had the opportunity to
voice fully its objection to the same, and
such objection is found to be meritorious,
the court shall sustain the objection and
order the answer given to be stricken off the
record.
• On proper motion, the court may also order
the striking out of answers which are
incompetent, irrelevant, or otherwise
improper.
 TENDER OF EXCLUDED
EVIDENCE
• A procedure undertaken by a party normally
through a lawyer if the evidence is excluded by
the court wherein the offeror may have the same
attached to or made part of the record. If the
evidence excluded is oral, the offeror may state
for the record the name and other personal
circumstances of the witness and the substance
of the proposed testimony.
• Tender of excluded evidence is also known as
proffer of evidence or offer of proof
 PROOF BEYOND REASONABLE
DOUBT
• In a criminal case, the accused is
entitled to an acquittal, unless his guilt
is shown beyond reasonable doubt.
Proof beyond reasonable doubt does
not mean such a degree of proof,
excluding possibility of error, produces
absolute certainly. Moral certainly only
is required, or that degree of proof
which produces conviction in an
unprejudiced mind.
 Power of the Court to Stop
Further Evidence
• The court may stop the introduction of
further testimony upon any particular
point when the evidence upon it is
already so full that more witnesses to
the same point cannot be reasonably
expected to be additionally persuasive.
But this power should be exercised
with caution
 CREDIBILITY OF WITNESS
• refers to the integrity, disposition and
intention to tell the truth in the testimony
he has given
 FALSO IN UNO FALSO IN
OMNIBUS
• It literally means “false in one thing-false in
everything”. It refers to that principle where on
one point, the witness has lied, his testimony
upon another points may be disregarded. This is
no longer followed in the Philippines. The
modern trend of jurisprudence is to the effect
that the testimony of a witness maybe believed
in part and disbelieved in part, depending upon
the corroborative evidence and the probabilities
and improbabilities of the case.
 RES IPSA LIQUITOR
“The thing/fact/transaction speaks for itself.

A doctrine which means that where the thing

shown to be under the management of the
defendant, and where an accident in the
ordinary course of event does not happen when
the business is properly conducted, the accident
itself raises the presumption of negligence in the
absence of any explanation.
 ALIBI
• known as the weakest defense in a
criminal case. It is an averment that the
accused was at another place for such
period of time that it was impossible for
him to have been at the place where the
act was committed at the time of its
commission
 EQUIPOISE RULE
 where the inculpatory circumstances are capable of two
inferences, one which is consistent with the presumption
of innocence and the other compatible with the finding of
guilt, the court must acquit the accused because the
evidence does not fulfill the test of moral certainty and
therefore insufficient to sustain a judgment of conviction.
It may also be defined as where the evidence of the
parties in a criminal case is evenly balanced, the
constitutional presumption of innocence should tilt the
scales in favor of the accused and he should be
acquitted.
 EQUIPONDERANCE OF
EVIDENCE
 when the scale shall stand upon equipoise
and there is nothing in the evidence which
shall incline it to one side or the other, the
court will find for the defendant.
• Main Source of the Law on Evidence:
• Rules of Court Rules 128-133 (134)
• PROOF, defined- the result or the effect of
evidence.
• FACTUM PROBANDUM- the ultimate fact or the
fact sought to be established. It is the fact to be
proved.
• FACTUM PROBANS- factum probans is the
evidentiary fact or the fact by which the factum
probans is to be established
 CLASSIFICATION OF EVIDENCE
• 1. Object or real or autoptic evidence or physical evidence or tangible
evidence- that which is directly addressed to the senses of the court and
consists of tangible things exhibited in court.
• Chain of Custody- the presenter of an object evidence may be required to
prove its chain of custody, that is the people who took charge thereof from
its recovery to presentation in court so that it may pass the process of
authentication. If the object evidence is easy to identify, mere testimony of
witness is sufficient.
• 2. Testimonial evidence- that which is submitted to the court through the
testimony or deposition of a witness. It is that which directly comes out of
the witness’s mouth, oral or written, such as depositions and affidavits.
• 3. Relevant evidence- evidence having any value in reason as tending to
prove any matter provable in an action.
• 4. Material evidence- evidence directed to prove a fact in issue as
determined by the rules of substantive law and pleading.
• 5. Competent evidence- evidence that is not excluded by the rules, statute
or the Constitution.
• 6. Direct evidence- that which proves the fact in dispute
without the aid of any inference or presumption.
• 7. Circumstantial evidence- the proof of fact or facts
from which, taken either singly or collectively, the
existence of the particular fact in dispute may be inferred
as a necessary or provable consequence.
• 8. Cumulative evidence- evidence of the same kind and
to the same state of facts.
• 9. Corroborative evidence- additional evidence of a
different character to the same point.
• 10. Expert evidence- the testimony of one possessing in
regard to a particular subject or department of human
activity, knowledge not usually acquired by other
persons.
• 11. Prima Facie Evidence- that which standing alone,
unexplained or uncontradicted, is sufficient to maintain
the proposition affirmed.
• 12. Primary evidence- that which the law regards as
affording the greatest certainty of the fact in question
• 13. Secondary evidence or Substitutionary Evidence-
that which is inferior to the primary evidence and is
permitted only when the best evidence is not available.
• 14. Positive evidence- when a witness affirms that a fact
did or did not occur.
• 15. Negative evidence- when a witness states he did not
see or know of the occurrence of a fact.
• 16. Documentary evidence- it consists of writings or any
material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered
as proof of their contents.
• 17. Electronic evidence- document or information
received, recorded, transmitted, stored, processed or
produced electronically.
• 18. Forgotten evidence- evidence which was not
presented in court because of oversight or forgetfulness
of a party or counsel.
• 19. Exculpatory evidence- that evidence which will
excuse a person from an alleged fault or crime.
• 20. Evidence Aliunde or Extraneous evidence- evidence
from outside or another source.
• 21. Inculpatory evidence- are evidence which
has the tendency to implicate or incriminate a
person.
• 22. Self serving evidence- one made by the
party to favor his own interest. It is one made by
a party out of court.
• 23. Opinion evidence – evidence given by an
ordinary person regarding of what he thinks.
• 24. Rebuttal evidence- evidence that will
contradict the other party’s evidence
AFFIDAVIT OF DESISTANCE
One where the complainant signifies his
withdrawal to file or pursue a criminal
case. Usually, it was done because of out
of court settlement (usually for some
monetary considerations) but is tolerated
by the courts.
END OF REVIEW