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Evidence the means, sanctioned by the Rules, of ascertaining in a judicial proceeding the truth respecting a
matter of fact.

In the case of Bustos vs. Lucero, it provides legal definition of evidence which is the
mode and manner of proving competent facts in judicial proceedings.

Difference between evidence and proof:

Proof is the result/effect of evidence. It is the probative effect of evidence and is the conviction or
persuasion of the mind resulting from a consideration of the latter whereas Evidence is the cause necessary to
establish the proof whereas.

The ascertaining the truth in a judicial proceeding, evidence is generally classified into three (3) kinds:

1. Object (Real) evidence are those addressed to the senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined or viewed by the court.

Examples:
a. A rifle used in the commission of murder
b. Shovel used to bury the body of the victim

2. Documentary Evidence - consist of writing or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their contents.

Examples:
a. Contracts
b. Deed of Sale
c. Deed of Donation

3. Testimonial evidence it refers to oral evidence or that which a witness testifies in court.

Examples:
a. Testimony of witness in court
b. Depositions
c. Affidavits


Other Kinds of Evidences:

A. Relevant, Material and Competent Evidence

1. Relevant evidence evidence which has a relation to the fact in issue as to induce belief in its
existence or non-existence; evidence which tends in any reasonable degree to establish the
probability or improbability of the fact in issue.

2. Material evidence evidence which is directed to prove a fact in issue as determined by the rules of
substantive law and pleadings; evidence of such quality of substantial importance to the particular
issue, apart from its relevance.

Note: The terms relevant and material are practically the same. They are used interchangeably
by the SC.

Example:
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X stubbed Y with a double-edged knife and instantly died. The policemen recovered the
said knife with blood stains from the suspect for it was still in his hands at the time of his arrest.
The evidence presented was the double-edged knife to prove the identity of the knife used to
murder Y. The said evidence is admissible evidence because it was relevant/material and
competent to the case.

3. Immaterial/Irrelevant evidence evidence which has no relation to the fact in issue.

Example:

X raped Y in her room. Z witnessed the incidence. The issue was whether or not X
raped Y. The witness in her testimony attempts to prove that the drapes in the room of a rape
scene were blue. In this case, the evidence is irrelevant/immaterial. The room itself may be relevant
to the case, but the color of the drapes doesn't have anything to do with the rape case.

4. Competent evidence evidence which is not excluded by the law or by the Rules of Court.

Example: (same example in no. 2)

5. Incompetent evidence which is excluded by the law or by the Rules of Court.

Examples:
a. Hearsay evidence
b. Evidence in violation of the Bank Secrecy Law
c. Evidence contrary to Anti-Wire Tapping Law
d. X, a policeman get a tip that a murder weapon is concealed in a pillow case at the back of the
closet of B, the suspect. Without a search warrant, X searched the suspects residence and
discovered the said weapon and it was presented as evidence. The discovered weapon is
considered relevant/material but incompetent evidence because it was obtained as a result of an
illegal search.


B. Direct and Circumstantial Evidence

1. Direct evidence evidence which proves a fact in dispute without the aid of any inference or
presumption.

Example:

a. A gun with fingerprints on it as evidence is considered a direct evidence because this places a
weapon into someone's hand as a fact.
b. The testimony of the prosecution witness claiming that he saw that it was actually the deceased
who attacked the accused without the latters provocation.

2. Circumstantial evidence proof of facts from which, taken collectively, the existence of the
particular fact in dispute may be inferred as a necessary or probable consequence. It indirectly
proves a fact in issue based on various attendant circumstances.

Example:

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Testimony of X that he saw Y running away from the room where the incidence of theft
occurred (crime scene). Not having seen the act of taking personal property, such testimony
becomes circumstantial evidence.


C. Cumulative and Corroborative Evidence

1. Cumulative evidence evidence of the same kind and character as that already given and tends to
prove the same proposition.

Example:

X, Y and Z, witnesses, testified that they saw the stubbing incident that A stubbed B
which X claimed he saw. The subsequent testimonies of Y and Z of the same kind are
cumulative.

2. Corroborative evidence evidence of a different kind and character tending to prove the same
point.


Example:

X, a witness claims that he saw Y signed the document subject of the action forgery. Z
denies the authenticity of his signature. Evidence by a handwriting expert is considered
corroborative.


D. Prima Facie and Conclusive Evidence

1. Prima facie (presumptive) evidence evidence which suffices for the proof of a particular fact until
contradicted and overcome by other evidence.

Example:
a. Certificate of Title is a prima facie evidence that the registered name is the owner of the titled
property
b. Videotape of the victim showing the stubbing incident is a prima evidence of establish murder
c. Birth certificate is a prima facie evidence of a childs filiation

2. Conclusive evidence evidence which is incontrovertible and which the law does not allow to be
contradicted.

Example:
a. Contract of Lease is a conclusive evidence that the lessee is not the owner of the thing leased
b. Death Certificate
c. Courts record of the case is a conclusive evidence as to the facts stated therein


E. Positive and Negative Evidence

1. Positive evidence when a witness affirms that a fact did or did not occur.

Example:

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X affirms in the witness stand that Y was in the room when the murder took place.

2. Negative evidence when a witness states that he did not see or know the occurrence of a fact.

Example:

X negates in the witness stand Xs presence in the room as according to him, they were
both at the garden.


F. Best (Primary) and Secondary Evidence

1. Best (primary) evidence evidence which affords the greatest certainty of the fact in question.

General Rule: When the subject of inquiry is the contents of a document, no evidence shall be
admissible other than the original document itself.
Exceptions:
1. When the original has been lost or destroyed, or cannot be produced in court, without bad faith
on the part of the offeror;
2. When the original is in the custody or under the control of the party against whom the evidence
is offered, and the latter fails to produce it after reasonable notice;
3. When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them is
only the general result of the whole; and
4. When the original is a public record in the custody of a public officer or is recorded in a public
office.

Original of a Document:
1 The original of the document is one the contents of which are the subject of inquiry.
2 When a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are equally regarded as originals.
3 When an entry is repeated in the regular course of business, one being copied from another at
or near the time of the transaction, all the entries are likewise equally regarded as originals.

Note: The Best Evidence Rule applies only when the contents of the document are the subject of
inquiry. It does not apply when the issue is only as to whether or not such document was actually
executed or in the circumstances relevant to its execution. (People vs. Tandoy, 1990)
SOME EXAMPLES:
1. Baptismal and Marriage Certificate
- They are only evidence to prove the administration of the sacraments on the dates therein
specified
- Baptismal certificate is not conclusive proof of filiation being hearsay

2. Medical Certificate
- To prove torture inflicted by the police, the medical certificate alone without the testimony of
the examining physician is inadmissible (People v. Villagracia, 226 SCRA 398)

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3. Residence Certificate
- The place of obtaining a residence certificate and the date contained are not conclusive as to the
real residence or domicile of a person owning said certificate. (Zuellig v. Republic, 83 Phil. 768)

4. Tax declaration
- It can be used as evidence that a portion of land had been sold. (Gacos v. CA, 212 SCRA 8)

5. Accounts and Account Books
- Where the custom brokers authorized representative accepted the cargo OK and complete as
shown in the surveyors report countersigned by him and it was obviously his assigned task to
note defects in the cargo, said acceptanceif not being outright upon the customs brokeris
at least evidence of the condition of the goods when thus received. (Insurance Company of
North America vs. C.F. Sharp & Co., Inc. 18 SCRA 462)
- An audit made by or the testimony of a private auditor is inadmissible in evidence as proof of
the original records, books of accounts, reports or the like. (Compania Maritima vs. Allied Free
Workers Union, 77 SCRA 24)


2. Secondary evidence evidence which is necessarily inferior to primary/best evidence and shows on
its fact that better evidence exists.

Rule 130
RULES OF ADMINSIBILITY
Section 5.When original document is unavailable. When the original document has been
lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or
existence and the cause of its unavailability without bad faith on his part, may prove its
contents by a copy, or by a recital of its contents in some authentic document, or by the
testimony of witnesses in the order stated.
Section 6.When original document is in adverse party's custody or control. If the document
is in the custody or under the control of adverse party, he must have reasonable notice to
produce it. If after such notice and after satisfactory proof of its existence, he fails to produce
the document, secondary evidence may be presented as in the case of its loss.
Section 7.Evidence admissible when original document is a public record. When the original
of document is in the custody of public officer or is recorded in a public office, its contents
may be proved by a certified copy issued by the public officer in custody thereof.
Section 8.Party who calls for document not bound to offer it. A party who calls for the
production of a document and inspects the same is not obliged to offer it as evidence.

Excuses for not presenting the original:
1. When the original has been lost or destroyed or cannot be produced in court, without bad
faith on the part of the offeror;
2. When the original is in the custody or under the control of the party against whom the
evidence is offered and the latter fails to produce it after reasonable notice
3. When the original consists of numerous accounts or other documents cannot be examined
in court without great loss of time and the fact sought to be establish is only the general
result of the whole; and
4. When the original is a public record in the custody of a public officer or is recorded in a
public office.
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How to lay the basis for presenting secondary evidence:
1. The offeror must prove the execution and existence of the original document;
2. The offeror must show the cause of its unavailability (Loss, destruction, or unavailability)
3. The offeror must show that the unavailability was not due to his bad faith

When original is in the custody or control of the adverse party
Laying the basis requires:
1. The original exists.
2. That the said document is under the custody or control of the adverse party;
3. That the proponent of secondary evidence has given the adverse party reasonable notice to
produce the original document
4. That the adverse party failed to produce the original document despite the reasonable
notice.