Prima Facie and Conclusive Evidence - Prima Facie: that which, standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed. Corroborative: additional evidence of a different character to the same point. Cumulative and Corroborative Evidence - Cumulative: evidence of the same kind and to the same state of facts. Direct and Circumstantial Evidence - Direct: that which proves the fact in dispute w/o the aid of any inference or presumption - Circumstantial: proof of a fact or facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence. Competent: one that is not excluded by the Rules, statutes or the Constitution. o Evidence may be relevant BUT may be immaterial. o W/N a fact is in issue: Determined by substantive law, pleadings, pre-trial order and by admissions or confessions on file. o TEST: w/n the fact it intends to prove is an issue or not. Material: evidence directed to prove a fact in issue as determined by the rules of substantive law and pleadings. o TEST: 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. Relevant, Material, and Competent Evidence - Relevant: evidence having any value in reason as tending to prove any matter provable in an action. Testimonial Evidence: That which is submitted to the court through the testimony or deposition of a witness. Documentary Evidence: Evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances - Rule 130 Sec 2: writings or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contentsĮvidence | Judge Bonifacio | 3B 2009-2010 ģ. This is referred to as “autoptic proference” since it proffers or presents in open court the evidentiary articles for observation or inspection 2. Object (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. By order of court or when provided by law for safety and public order) o Evidence obtained in violation of such provisions shall be INADMISSIBLE Applicability of the Rules of Evidence: - GR: Applicable ONLY in judicial proceedings - EXC: In quasi-judicial proceedings o The same apply by analogy, or in a suppletory character and whenever practicable and convenient.(Rule 1 Section 4) o It shall apply also when the governing law of such proceeding specifically adopts such rules o Note: NOT applicable in agrarian cases Classification of Evidence According to Form 1.
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Other Laws Governing Evidence - GR: Rules of evidence is governed by the Rules of Court (RoC) - EXC: Application of other laws Examples: - RA 4200 (Anti Wiretapping), - Code of Commerce (weight of entries in merchant books) - Electronic Commerce Act - NCC, RPC - Constitution: Bill of Rights - Art III o Sec 2: The right of people against unreasonable searches and seizures o Sec 3: The privacy of communication and correspondence shall be inviolable (EXC. HOWEVER, in criminal cases, if the amendment would permit the reception of a lesser quantum of evidence to convict, retroactive application would be unconstitutional for being ex post facto. Parties have no vested right in the rules of evidence. Refers to the materials which established the proposition Rules of Evidence as Procedural Law - Amendments in such rules may validly be made applicable to cases pending at the time of such change. Factum Probandum - Ultimate fact or the fact sought to be established - Refers to the proposition Factum Probans - The evidentiary fact or the fact by which the factum probandum is to be established. This is the result when the requisite quantum of evidence of a particular fact has been duly admitted and given weight. Proof is the result or effect of evidence. Lucero: Evidence is the mode and manner of proving competent facts in judicial proceedings. 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. Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. RULES OF EVIDENCE Based on the Book of Regalado GENERAL PROVISIONS Sec 1.