EVIDENCE

I. Definition and nature of evidence

Evidence refers to the medium or means whereby facts are established.

Two Tests of Evidence (Applied in courts)

(1) Is the evidence legally admissible? Do the rules of court permit its introduction in the trial?

If the first test is met, apply the second test:

(2) Is this piece of evidence logically sufficient and relevant?

 A piece of evidence is logically sufficient if it is of nature that satisfies human reason—in

the nature that men generally believe to be true
 Evidence is relevant if it is pertinent or applicable to the purpose for which it is presented
o In testimonies, the meaning of relevant is that it directly touches upon the issue
which the parties have made by their pleadings, so as to assist in getting the truth
o Relevancy is determined by logic, not by legal rules

 In general argumentation, the rule of legal admissibility is not invoked. Test applied here
is that of logical sufficiency and relevancy—whether the evidence is likely to be believed
by men in general and whether it touches upon the issue

II. Evidence and proof distinguished

Evidence Proof
The medium or means whereby The effect or conclusion produced by
facts are established. evidence.
medium of proof result or effect of evidence
tends to convince convinces

Illustration
If on a charge of murder it were shown that:
o Juan Cruz, accused, was a business rival of Pedro Santos, the deceased;
o on various occasions they had heated altercations;
o Juan had been heard to say that he would get even with the deceased;
o the hat of Juan had been found at the crime scene;
o the bullet extracted from the body of Juan tallied with the caliber of pistol of Juan;
o the pistol of Juan had been fired.

 Any of these circumstances might constitute an evidence tending to show the guilt of Juan
Cruz but all combined might be deemed proof thereof.
 Hence, proof is thus the effect or result of evidence.
  Evidence, on the other hand, has been defined as any matter of fact, the effect, tendency
or design of which is to produce in the mind a persuasion, affirmative or disaffirmative, of
the existence of some other matter of fact.
 Evidence is that which demonstrates, makes clear, or ascertains the truth of the point in
issue and refers to all matters of fact that may be used in creating proof.

III. Sources of evidence

The sources of evidence are (1) persons, (2) documents, and (3) things.

Persons Documents* Things**

Human beings who, Manuscripts or pieces of Tangible objects presented to
possessed of some measure printed matter regarded as the senses of those who will
of intelligence, transmit conveying information or judge
information by word of evidence
mouth, in writing, or by
voluntary signs
Also called a witness e.g. deed of sale, mortgage e.g. knife, bullet, watch, hat.
contract, marriage certificate Any tangible object

Notes:
*Not everything in writing is a document. Books are to be regarded as personal testimonies of their authors.
When a witness, for example, loses his power of speech and gets the permission of the court to write down
his answers to the questions to him in the trial, what he has written down is still testimonial evidence.
But to prove that the entry of his testimonial evidence is inaccurate, what the witness has written down is a
document.

**A person presented as an object of observation, possessed of characteristics in common with things, is a
thing a source of evidence.
Ex:
When an accused in a homicide case interposes self-defense and his counsel presents him in open court so
that findings of the judge on his physical build, stature, and physical frailty may be entered in the records.