DEFINITION NOTES
Relevant evidence - evidence must
EVIDENCE have such a relation to the fact in issue
as to induce belief in its existence or non-
Evidence- Evidence is the means, existence.
sanctioned by these Rules, of
ascertaining in a judicial proceeding the Collateral matter- means an evidence
truth respecting a matter of fact; medium that has NO relation to the fact in issue
or means by which a fact is proved or as to induce belief of its existence or
disproved. non-existence. However, it shall be
admissible if it tends in any reasonable
Proof- is the result or the probative degree to establish the probability or
effect of evidence. When the requisite improbability of the fact in issue.
quantum of evidence of a particular fact
has been duly admitted and given Fact in issue- is the disputed fact of the
weight. parties
Factum Probans- is the probative or Doctrine Of Multiple Admissibility-
evidentiary fact tending to prove the fact the reason for which evidence is offered
in issue or the Factum Probandum. must be specified since the same may be
admissible for several purposes, or may
Factum Probandum- the ultimate fact be admissible for several purposes, or
to be proved or proposition to be may be admissible for one purpose and
established. not for another. In short, evidence may
become admissible for two or more
Judicial Notice- is the cognizance of purposes.
certain facts which judges may properly
take and act on without proof because Res inter alios acta- The general
they already know them. principle is that the acts, declarations, or
omissions of a person cannot be used to
Doctrine of processual presumption- bind or prejudice another who was not
in the absence of proof of foreign law, privy to such acts or declarations.
the foreign law will be PRESUMED to be
the SAME as Philippine laws. Conditional admissibility- An evidence
may be conditionally admitted in the
Judicial Admission- a verbal declaration meantime, provided that its relevance
or written statement made by a party in and competency will be established later
the course of the proceedings in the on, by connecting it to other evidence
same case, which does not require proof. not yet presented.
Due execution‖ – not vitiated, not Doctrine of Curative Admissibility-
forced, not intimidated, and so on. allows a party to introduce an otherwise
inadmissible evidence to answer the
Genuineness – not forged or falsified opposing party’s previous introduction
of inadmissible evidence.
Palpable mistake- means a mistake
that is clear to the mind or plain to see. It Direct Evidence- directly proves a fact
is a mistake that is readily perceived by in issue without the need to make an
the senses or the mind. Hence, plain inference from another fact.
mistake is NOT a ground to contradict
the judicial admission.
Circumstantial Evidence- or Indirect proof beyond reasonable doubt but more
Evidence is that evidence which than preponderance of evidence.
indirectly proves a fact in issue with the
need to make an inference from Documentary evidence- is a document
another fact. that is offered to prove its contents.
Original document rule (Best
Positive Evidence- Evidence is said to Evidence Rule)- When the subject of
be positive when a witness affirms to the inquiry is the contents of a document,
stand that a certain state of facts does writing, recording, photograph, or other
exist or that a certain event happened. record, no evidence is admissible other
than the original document itself; applies
Negative Evidence- Evidence is said to only when the terms of a writing are
be negative when the witness states that in issue.
an event did not occur or that the state
of facts alleged to exist did not exist. Original of a document- document
itself or any counterpart intended to have
Competent- Competency of a witness the same effect by a person executing or
means he is not excluded by the Rules, issuing it; any printout or other
the law, or the Constitution to testify. output readable by sight or other
means, shown to reflect the data
Credible- Credibility means worthiness accurately.
of belief or believability.
Duplicate- a counterpart produced by
Doctrine of Moral Certainty- that the same impression as the original
degree of proof which produces or by other equivalent techniques which
conviction in an unprejudiced mind. accurately reproduce the original.
Proof beyond reasonable doubt- a Parole Evidence- evidence which is
standard is designed to protect the outside of or extraneous to the written
innocent from wrongful conviction. agreement between the parties.
Reasonable doubt- it is the state of the Parole Evidence Rule- prohibits the
case which, after a comparison of all the presentation of parole evidence.
evidence, does not lead the judge to
have in mind a moral certainty of the Competency examination-
truth of the charge. When there is examination of a child, motu proprio or
reasonable doubt as to the guilt of the on motion of a party, when it finds that
accused, there must be an acquittal. SUBSTANTIAL DOUBT exists
regarding the ability of the child to
Preponderance of evidence- It means perceive, remember, communicate,
superior weight of evidence. distinguish truth from falsehood, or
appreciate the duty to tell the truth in
Substantial evidence- That amount of court; the burden of proof lies on the
evidence which a reasonable mind might party challenging his competence.
accept as adequate to justify a
conclusion. Spousal immunity/ Marital
disqualification- during their marriage,
Clear and convincing evidence- It is neither the husband nor the wife may
amount of evidence which is less than 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 Doctrine of independently relevant
crime committed by one against the statement (Testimonial evidence)- a
other or the latter's direct descendants or statement may be considered when what
ascendants. is sought to be proven by its presentation
is the fact that it was made, regardless of
Trade secrets- a plan or process, tool, whether what was stated is in fact true.
mechanism or compound known only to if the purpose of the testimony is
its owner and those of his employees to merely to establish the fact that the
whom it is necessary to confide it. statement was made, the hearsay
rule does not apply.
Judicial Affidavit Rule- requires that
direct examination of a witness, which is Hearsay statement- a statement other
in the examination-in-chief of a witness than one made by the declarant while
by the party presenting him on the facts testifying at a trial or hearing, offered to
relevant to the issue, shall be in form of prove the truth of the facts asserted
judicial affidavits, subject to the usual therein. As a rule, it is inadmissible in
mode of cross-examination. evidence, subject to certain
exceptions.
Admission by a party (extrajudicial
admission)- An act, declaration, or
omission of a party as to a relevant fact Res Gestae- refers to certain statements
may be given in evidence against him. and surrounding circumstances so closely
connected with a startling occurrence or
Good Samaritan Rule- event that they may be deemed
trustworthy and admissible despite
Extrajudicial confession- declaration ordinarily being hearsay.
of an accused acknowledging his guilt for
the offense charged, or any offense Opinion evidence- Opinion of a witness
necessarily included therein, may be is generally inadmissible. Opinions are
given in evidence against him. evidence on COLLATERAL MATTERS.
Corpus delicti- the fact of the Character- the possession by a person
commission of the crime charged or of certain qualities of mind and morals,
substance of the crime. distinguishing him from others; Evidence
of good moral character of the accused
Doctrine of interlocking confessions- must be pertinent to the moral trait
Extrajudicial statements of co-accused involved in the crime charged.
may be taken as circumstantial evidence
against the person implicated to show Rebuttal evidence- is presented after
the probability of the latter’s actual the defendant has completed the
participation. presentation of evidence. It is presented
to explain, repel, counteract or disprove
Privies- They are persons who are facts given in evidence by the defendant.
partakers or have an interest in any
action or thing, or any relation to Sur-rebuttal evidence- to counteract
another; denotes the idea of succession, or disprove facts given in evidence by
not only by right of heirship and the plaintiff.
testamentary legacy, but also that of
succession by singular title, derived from
acts inter vivos, and for special purposes.
Leading questions- It is a question Best Evidence Rule of an Electronic
which suggests to the witness the answer Document- if it is a printout or output
which the examining party desires. readable by sight or other means, shown
to reflect the data accurately.
Misleading question- assumes as
true a fact not yet testified to by the
witness, or contrary to that which he
or she has previously stated.
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 or her
adverse interest, unjustified
reluctance to testify, or his or her
having misled the party into calling
him or her to the witness stand.
Authentication- the process of proving
that the documents presented are
genuine and what it purports to be.
Apostille- is a certificate that is issued
by a country that is a party to the
Apostille Convention.
Ancient documents- Where a private
document is more than thirty (30) years
old, is produced from a 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.
Tender of excluded evidence-
attaching the document or making the
document part of the record after it was
offered and objected to, and the
objection was sustained by the court.
Judicial Affidavit Rule- apply to ALL
actions, proceedings, and incidents
requiring the receipt of evidence EXCEPT
to small claims cases.
Electronic evidence- which evidence is
received, recorded, transmitted, stored,
processed, retrieved or produced
electronically
