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Outline
Preliminary Considerations
General Provisions
Concepts of evidence
Different kinds of evidence
Judicial Notice
Confession and Admission
Object Evidence
Documentary Evidence
Testimonial Evidence
Burden of Proof and Presumptions
Presentation of Evidence
Factual Issues
Factual issues arise when a party specifically
denies material allegations in the adverse party's
pleading.
These are the issues which the judge cannot
resolve without evidence being presented thereon.
Thus, whether a certain thing exists or not, whether
a certain act was done or not, whether a certain
statement was uttered or not, are questions of fact
that require evidence for their resolution.
Questions of Facts
Questions of fact exist when the doubt or
difference arises as to the truth or
falsehood of alleged facts.
Evidence
Evidence is the means of proving a fact.
It becomes necessary to present evidence
in a case when the pleadings filed present
factual issues
Terms to Remember
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.
Terms to Remember
FACTUM PROBANDUM
the ultimate fact or the
fact sought to be
established.
Refers to proposition
Examples:
murder was
committed thru treachery
robbery was made
through force upon
things
FACTUM PROBANS
is the evidentiary fact or the
fact by which the factum
probandum is to be
established.
Materials which establish the
proposition.
Examples:
exit woundswere in front
indicating that victim was
shot at the back
destroyed locks
indicative of force upon
things
Evidence
It is a means of ascertainment used to
arrive at a legal conclusion
It is sanctioned by the rules of court
meaning, not excluded by the rules on
relevancy and admissibility
Evidence
It is used in a judicial proceeding
there is a jural conflict involving different
rights asserted by different parties
It pertains to the truth respecting a
matter of fact evidence represents a
claim either for the prosecution or for the
defense where issues (clashes of view)
are present.
Evidence
Hence, Evidence the means to arrive at
a conclusion. Under the Revised Rules of
Court, evidence is defined as the means,
sanctioned by the rules, for ascertainment
in a judicial proceeding, the truth,
respecting a matter of fact.
Terms to Remember
Quantum of evidence
Quantum of proof
The totality of
evidence presented
for consideration
Terms to Remember
Burden of evidence
Burden of proof
Exclusionary Rule
ADMISSIBILITY OF EVIDENCE
The study of the law on evidence involves
two main problems:
1. Determining whether a given piece of
evidence is admissible; and
2. The proper presentation of that
evidence so that the court will consider it
in resolving the issues and deciding the
case.
ADMISSIBILITY OF EVIDENCE
Although evidence may, by itself, be
admissible, the court may not admit or
consider it in the resolution of the case
unless the evidence was properly
presented.
Axiom of Admissibility of
Evidence
Axiom of Admissibility of
Evidence
Collateral Matters
Not admissible except when it tend in any
reasonable degree to establish probability
or improbability of the fact in issue.
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.
Judicial Notice
Judicial notice is based on necessity and
expediency. This is so because what is known
need not be proved.
Different kinds of judicial notices:
1. Mandatory
2. Discretionary
Confession and
Admission
Confession
Admission
An acknowledgement
of guilt.
An acknowledgment
of facts.
Different kinds of
confession/admission
1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced
CLASSIFICATION OF EVIDENCE
ACCORDING TO FORM
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.
DOCUMENTARY EVIDENCE evidence supplied by
written instruments or derived from conventional
symbols, such as letters, by which ideas are represented
on material substances
TESTIMONIAL EVIDENCE is that which is submitted
to the court through the testimony or deposition of a
witness.
Classification of
Evidence
Direct evidence proves the fact in issue
without aid of inference or presumptions.
Circumstantial evidence - the proof of
fact or facts from which, taken either singly
or collectively, the existence of a particular
fact in dispute may be inferred as
necessary or probable consequence.
Classification of
Evidence
Positive evidence evidence which
affirms a fact in issue.
Negative evidence - evidence which
denies the existence of a fact in issue.
Rebutting evidence given to repel,
counter act or disprove facts given in
evidence by the other party.
Classification of
Evidence
Primary/Best evidence that which the
law regards as affording the greatest
certainty.
Secondary evidence that which
indicates the existence of a more original
source of information
Classification of
Evidence
Expert evidence the testimony of one possessing knowledge not usually
acquired by other persons.
Prima facie evidence evidence which can stand alone to support a
conviction unless rebutted.
Conclusive evidence incontrovertible evidence
Cumulative evidence additional evidence of the same kind bearing on
the same point.
Corroborative evidence additional evidence of a different kind and
character tending to prove the same point as that of previously offered
evidence.
Classification of
Evidence
Classification of
Evidence
Object/Auotoptic proferrence/Real evidence
those addressed to the senses of the
court (sight, hearing, smell, touch, taste).
Documentary evidence those consisting
of writing or any material containing letters,
words, numbers, figures, symbols or other
modes of written expression offered as
proof of its contents.
Exceptions
Original is lost or destroyed, or cannot be produced in
court without bad faith on the part of the offeror;
When the original is in the custody of the party against
whom the evidence is offered, and the latter fails to
produce it after reasonable notice;
When the original consists of numerous accounts or other
documents which cannot be examined in court without
great loss of time and the only fact sought to be
established is the general result of the whole; and
When the original is a public record in the custody of a
public officer or is recorded in a public office.
Original Document
It is the subject of an inquiry
When in two or more copies executed at
or about the same time, with identical
contents.
When an entry is repeated in ordinary
course of business, one being copied from
another at or near the time of the
transaction.
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
The offeror without bad faith must:
1. prove its execution or existence, and
2. prove the cause of its unavailability.
Secondary evidence
Secondary evidence may consist of:
1. a copy,
2. recital of its contents in some
authentic document, or
3. by testimony of witnesses.
TESTIMONIAL EVIDENCE
Qualifications of witnesses:
1. can perceive
2. can make known their perception to
others
3. not disqualified by reason of mental
incapacity, immaturity, marriage, privileged
communications, or dead mans statute.
Testimonial Knowledge
General 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. Any
statement which derives its strength from
anothers personal knowledge is hearsay,
and is therefore inadmissible.
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12.
Examination of child victim/witness in cases of child abuse
2 kinds of presumptions:
Conclusive presumptions [jure et de jure]
based on rules of substantive law which
cannot be overcome by evidence to the
contrary.
Disputable presumptions [prima facie
presumptions, rebuttable presumptions]
based on procedural rules and may be
overcome by evidence to the contrary.
Kinds of Conclusive
Presumptions:
Estoppel by record or judgment the preclusion to deny the truth of matters set
forth in a record, whether judicial or legislative, and also deny the facts
adjudicated by a court of competent jurisdiction (Salud v. CA, 233 SCRA 387).
Estoppel by deed a bar which precludes a party to a deed and his privies from
asserting as against the other and his privies any right or title in derogation of the
deed or denying the truth of any material fact asserted in it (Iriola v. Felices, 30
SCRA 202).
Estoppel in pais based upon express representation or statements or upon
positive acts or conduct. A party cannot, in the course of litigation or in dealings in
pais, be permitted to repudiate his representation or occupy inconsistent
positions.
Estoppel against Tenant the tenant is not permitted to deny the title of his
landlord at the time of the commencement of the relation of landlord and tenant
between them.
Presentation of
Evidence:
The examination of witnesses presented
in a trial or hearing shall be done is open
court, and under oath or affirmation.
Unless the witness is incapacitated to
speak, or the question calls for a different
mode of answer, the answer of the witness
shall be given orally.
Order of Examination of
individual witnesses:
Different Types of
Questions:
Leading questions It is one where the answer is
already supplied by the examiner into the mouth of the
witness. [Ex. You saw Jose killed Juan because you
were present when it happened, didnt you?]
Misleading question a question which cannot be
answered without making an unintended admission.
[Ex. Do you still beat your wife?]
Compound question a question which calls for a
single answer to more than one question. [Ex. Have
you seen and heard him?]
Different Types of
Questions:
Argumentative question a type of
leading question which reflects the
examiners interpretation of the facts. [Ex.
Why were you driving carelessly?]
Speculative question a question which
assumes a disputed fact not stated by the
witness as true. [Ex. The victim cried in
pain, didnt he?]
Different Types of
Questions:
Conclusionary question a question which
asks for an opinion which the witness is not
qualified or permitted to answer. [Ex. Asking
a high schooldrop-out whether the gun used
is a Cal. 45 pistol or 9mm pistol]
Cumulative question a question which
has already been asked and answered.
Harassing/Embarrassing question [Ex.
Are you a homosexual?]
Classes of Documents
Public documents are:
1. The written official acts, or records of the official acts of
sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or a foreign country.
2. Documents acknowledged before a notary public
except last willsand testaments.
3. Public records (1) kept in the Philippines, or private
documents (2) required by law to be entered therein.
All other writings are private.