Admission - 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.

or explanation.
If the accused admits having committed the act in
question but alleges
a justification therefore, the same is merely an
admission.

Related: Full Reference Material in

Evidence

Judicial Confession - one made before a court in

which the case
is pending and in the course of legal proceedings
therein and,
by itself, can sustain a conviction even in capital
offenses.

Best Evidence Rule - is that rule which requires the

highest grade of
evidence obtainable to prove a disputed fact.
Burden Of Evidence - logical necessity on a
party during a particular time of the trail to create a
prima facie case in his favor or to destroy that
created against him by presenting evidence.
Burden Of Proof/Risk of Non-Persuasion - 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.
Character - the aggregate of the moral qualities
which belong to and
distinguish an individual person.
Circumstantial Evidence - is the proof of a fact or
facts from which
taken either singly or collectively, the existence or a
particular
fact in dispute may be inferred as a necessary or
probable consequence.
Common Reputation - is the definite opinion of the
community in which
the fact to be proved is known or exists. It means the
general or
substantially undivided reputation, as distinguished
from a partial or
qualified one, although it need not be unanimous.
Competency Of A Witness - is the legal fitness or
ability of a witness
to be heard on the trial of a cause.
Competent Evidence - one that is not excluded by
this Rules, a statute
or the Constitution.
Compromise - is an agreement made between two
or more parties as a
settlement matters in dispute.
Conclusive Evidence - the class of evidence which
the law does not allow
to be contradicted.
Confession - categorical acknowledgement of guilt
made by an accused
in a criminal case, without any exculpatory statement

Extra Judicial Confession - one made in any

other place or
occasion and cannot sustain a conviction unless
corroborated by
evidence of the corpus delicti. This section refers
to extrajudicial
confessions.
Corroborative Evidence - is additional evidence of a
difference character
to the same point.
Cumulative Evidence - evidence of the same kind
and to the same state
of facts.
Demonstrative Evidence - is a tangible evidence
that merely illustrates
a matter of importance in the litigation such as maps,
diagrams,
models, summaries and other materials created
especially for litigation.
Direct Evidence - that which proves the fact in
dispute without the
aid of any inference or presumption.
Doctine Of Processual Presumption - absent any of
the evidence or admission,
the foreign law is presumed to be the same as that in
the Philippines.
Document - any substance having any matter
expressed or described upon
it by marks capable of being read.
- is a deed, instrument or other duly authorized
appear by
which something is proved, evidenced or set forth.
Documentary Evidence - evidence supplied by
written instruments or derived
from conventional symbols, such as letters, by which
ideas are represented
on material substances.
Dying Declaration - The ante mortem statements
made by a person after
the mortal wound has been inflicted under the belief
that the death is

certain, stating the fact concerning the cause of and

the circumstances
surrounding the attack.
Equipose Rule - Where the evidence gives rise to
two probabilities,
one consistent with defendants innocence, and
another indicative of
his guilt, that which is favorable to the accused should
be considered.
Estoppel By Deed the tenant is not permitted to
deny title of his
landlord at the time of the commencement of the landlord tenant
relationship. If the title asserted is one that is alleged
to have been
acquired subsequent to the commencement of that
relation, the presumption
will not apply.
Estoppel In Pais - whenever a party has, by his own
declaration, act,
or omission, intentionally and deliberately lead
another to believe a
particular thing to be true and act upon such belief, he
cannot, in
any litigation arising out of such declaration, act or
omission, be
permitted to falsify it.
Expert Witness - one who belongs to the profession
or calling to which
the subject matter of the inquiry relates to and who
possesses special
knowledge on questions on which he proposes to
express an opinion.
Express Admissions - are those made in definite,
certain and unequivocal
language.
Extra Judicial Admissions - are those made out of
court, or in a judicial
proceeding other than the one under consideration.
Fact - thing done or existing.
Facts In Issue - are those facts which the plaintiff
must prove in order
to establish his claim and those facts which the
defendant must prove
in order to establish a defense set up by him, but only
when the fact
alleged by the one party is not admitted by the other
party.
Facts Relevant To The Issue - are those facts which
render the probable
existence or non-existence of a fact in issue, or some
other relevant
fact.

Factum Probandum - the ultimate fact or the fact

sought to be established.
- Refers to proposition
Factum Probans - is the evidentiary fact or the fact
by which the factum
probandum is to be established. Materials which
establish the proposition.
Hearsay Rule - Any evidence, whether oral or
documentary is hearsay if
its probative value is not based on the personal
knowledge of the
witness but on the knowledge of some other person
not on the witness
stand.
Impeaching Evidence - a proper foundation must be
laid for the impeaching
questions, by calling attention of such party to his
former statement
so as to give him an opportunity to explain before
such admissions are
offered in evidence.
Implied Admissions - are those which may be
inferred from the acts,
declarations or omission of a party. Therefore, an
admission may be
implied from conduct, statement of silence of a party.
Independent Evidence - admissions are original
evidence and no foundation
is necessary for their introduction in evidence
Intermediate Ambiguity - situation where an
ambiguity partakes of the
nature of both patent and latent. In this, the words are
seemingly
clear and with a settled meaning, is actually equivocal
and admits of
two interpretations. Here, parol evidence is admissible
to clarify
the ambiguity provided that the matter is put in issue
by the pleader.
Example: Dollars, tons and ounces.
Issue - is the point or points in question, at the
conclusion of the
pleadings which one side affirms, and the other side
denies.
Judicial Admissions - are those so made in the
pleadings filed or in
the progress of a trial.
- It is one made in connection with a
judicial
proceeding in which it is offered, while an extrajudicial
admission

is any other admission.

Judicial Notice - no more than that the court will
bring to its aid
and consider, without proof of the facts, its knowledge
of those
matters of public concern which are known by all wellinformed
persons.
- cognizance of certain facts which judges
may take
and act on without proof because they are already
known to them.
Material Evidence - evidence directed to prove a fact
in issue as
determined by the rules of substantive law and
pleadings. The test is
whether the fact it intends to prove is an issue or not.
AS to whether
a fact is in issue or not is in turn determined by the
substantive law,
the pleadings, the pre-trial order and by the
admissions or confessions
on file. Consequently, evidence may be relevant but
may be immaterial
in the case.
Negative Evidence - when the witness did not see or
know of the occurrence
of a fact. There is a total disclaimer of persona
knowledge, hence without
any representation or disavowal that the fact in
question could or could
not have existed or happened. It is admissible only if it
tends to
contradict positive evidence of the other side or would
tend to exclude
the existence of fact sworn to by the other side.
Object Evidence - is a tangible object that played
some actual role on
the matter that gave rise to the litigation. For instance,
a knife.
Objective or Real Evidence - directly addressed to
the senses of the
court and consist of tangible things exhibited or
demonstrated in open
court, in an ocular inspection, or at place designated
by the court
for its view or observation of an exhibition, experiment
or demonstration.
This is referred to as autoptic preference.

Omnia praesumuntur rite et solemniter esse acta

donec probetur in
contrarium all things are presumed to have been
done regularly and
with due formality until the contrary is proved.
Opinion - an inference or conclusion drawn from
facts observed.
Ordinary Opinion Evidence - that which is given by
a witness who is
of ordinary capacity and who has by opportunity
acquired a particular
knowledge which is outside the limits of common
observation and which
may be of value in elucidating a matter under
consideration.
Parol Evidence - 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.
Patent or Extrinsic Ambiguity - is such ambiguity
which is apparent on
the face of the writing itself and requires something to
be added in
order to ascertain the meaning of the words used. In
this case, parol
evidence is not admissible, otherwise the court would
be creating a
contract between the parties.
Pedigree - includes relationship, family genealogy,
birth, marriage,
death, the dates when, and the placer where these
facts occurred and
the names of their relatives. It embraces also facts of
family history
intimately connected with pedigree.
Positive Evidence - when the witness affirms that a
fact did or did not
occur. Entitled to a greater weight since the witness
represents of his
personal knowledge the presence or absence of a
fact.
Presumption - An inference as to the existence or
non-existence of a
fact which courts are permitted to draw from the proof
of other facts.

Presumption Juris Or Of Law is a deduction

which the law
expressly directs to be made from particular facts.
Presumption Hominis Or Of Fact is a
deduction which reason
draws from facts proved without an express
direction from the
law to that effect.
Prima Facie Evidence - that which is standing alone,
unexplained or
uncontradicted, is sufficient to maintain the
proposition affirmed.
Primary Evidence - that which the law regards as
affording the greatest
certainty of the fact in question. Also referred to as the
best evidence.
Privies - those who have mutual or successive
relationship to the
same right of property or subject matter, such as
personal
representatives, heirs, devisees, legatees, assigns,
voluntary grantee
or judgment creditors or purchasers from them
without notices to the fact.
Privity - mutual succession of relationship to the
same rights of property.
Proof - the result or effect of evidence. When the
requisite quantum
of evidence of a particular fact has been duly admitted
and given weight,
the result is called the proof of such fact.
Relevant Evidence - evidence having any value in
reason as tending to
prove any matter provable in an action. The test is the
logical relation
of the evidentiary fact to the fact in issue, whether the
former tends

to establish the probability or improbability of the

latter.
Res Gestae - literally means things done; it includes
circumstances,
facts, and declarations incidental to the main facts or
transaction
necessary to illustrate its character and also includes
acts, words,
or declarations which are closely connected therewith
as to constitute
part of the transaction.
Rule Of Exclusion - that which is secondary
evidence cannot inceptively
be introduced as the original writing itself must be
produced in court,
except in the four instances mentioned in Section 3.
Secondary Evidence - that which is inferior to the
primary evidence and
is permitted by law only when the best evidence is not
available.
Known as the substitutionary evidence.
- shows that better or primary evidence
exists as to
the proof of fact in question. It is deemed less reliable.
Self Serving Declaration - is one which has been
made extrajudicially
by the party to favor his interests. It is not admissible
in evidence.
Testimonial Evidence - is that which is submitted to
the court through
the testimony or deposition of a witness.
Unsound Mind - any mental aberration, whether
organic or functional, or
induced by drugs or hypnosis.
Witness - reference to a person who testifies in a
case or gives evidence
before a judicial tribunal.