EVIDENCE 1 . D e f i n i t i o n s a. Factum probandum ultimate fact or the fact sought to be establishedb.

. Factum probans evidentiary fact or the fact by which the factum probandum isto be established2. Classification of evidencea. Object (Real) That which is directly addressed to the senses of the court and consists of t a n g i b l e t h i n g s e x h i b i t e d o r d e m o n s t r a t e d i n o p e n c o u r t , i n a n o c u l a r inspection, or at a place designated by the court for its view or observation of an exhibition, experiment or demonstration Documentary Evidence supplied by written instruments or derived from conventionals y m b o l s , s u c h a s l e t t e r , b y w h i c h i d e a s a r e r e p r e s e n t e d o n m a t e r i a l substances Testimonial That which is submitted to the court through the testimony or deposition of awitnessb. Relevant Evidence having any value in reason as tending to prove any matter provablein an action Relevancy logical relation of evidentiary fact to fact in issue Material Evidence directed to prove a fact in issue Competent One that is not excluded by law in particular casec. Direct That which proves the fact in dispute without the aid of any inference or presumption Circumstantial The proof of the facts other than the fact in issue from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequenced. Cumulative Evidence of the same kind and to the same state of facts Corroborative Additional evidence of a different character to the same point for higher probative valuee. Prima facie That which standing alone, unexplained or uncontradicted is sufficient tomaintain a proposition Conclusive Class of evidence which the law does not allow to be contradictedf. Primary or Best T h a t w h i c h t h e l a w r e g a r d s a s a f f o r d i n g g r e a t e s t c e r t a i n t y o f t h e f a c t i n question

Secondary or Substitutionary

That which is inferior to the primary evidence and is permitted by law only when the best evidence is not availableg. Positive The witness affirms that a fact did or did not occur Negative The witness states that he did not see or know of the occurrence of a fact R ULE W 9 2 1 HAT N EED N OT B E P ROVED 1. What do not need to be proved:a . M a t t e r s o f j u d i c i a l n o t i c e b . J u d i c i a l a d m i s s i o n s c . F a c t s p r e s u m e d d.Allegations in complaint or answer which are immaterial to the issuee . F a c t s a d m i t t e d o r n o t d e n i e d i n t h e a n s w e r , p r o v i d e d t h e y h a v e b e e n sufficiently allegedf . T h o s e w h i c h a r e t h e s u b j e c t o f a n a g r e e d s t i p u l a t i o n o f f a c t s b e t w e e n t h e parties, as well as judicial admissions made in the course of the proceedingsg . T e c h n i c a l a d m i s s i o n w h e n d e f e n d a n t f a i l s t o s p e c i f i c a l l y d e n y t h e allegations of plaintiff 2. Doctrine of processual presumption absent any evidence or admission, the foreignlaw in question is presumed to be the same as that in the Philippines3. Mandatory judicial notice [SLAPTONG] a. S tates existence, territory, political history, government, symbols of nationality b. Lw f a n ao t s nio c. A dmiralty and maritime courts and seals d. P hilippine political constitution and history e. Oiac ic s f lat Court cannot take judicial notice of a law or regulation that is not yet effective Decisions of SC are proper subjects of mandatory judicial notice f. Laws of nature g. Measure of time h. Geographicaldivision4. Discretionary judicial noticea.Matters which are of public knowledge Common and general knowledge Indisputableb.Matters capable of unquestionable demonstrationc.Ought to be known by judges because of their judicial functions

Newspaper reports not subject to judicial notice Courts cannot take judicial notice of custom. Custom must be proved as a matter of fact. Pardon is granted by the Chief Executive and as such is a private act which mustbe pleaded and proved by the person pardoned.5. Judicial Admissions: Verbal or written; made by a party in course of the proceedings in the same case May only be contradicted by showing that:a . M a d e t h r o u g h p a l p a b l e m i s t a k e ; o r

3 R E M E D I TENEO C ENTRAL B AR O PERATIONS 2001 b . N o o n w

MEMORY AIDA

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Admissions made in a pleading later amended: lose their status as judicialadmissions; become merely extra-judicial admissions which must be offered. A stipulation made during a criminal proceeding is tantamount to a judicialadmission and need not be signed as required by R118, 4 to be binding on theaccused. A court cannot take judicial notice of an admission made by a party in another case even if the latter case is pending before the same sala or judge, except:a . I n t h e a b s e n c e o f objection;b . W i t h k n o w l e d g e o r u p o n r e q u e s t o f t h e p a r t i e s