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12. Prima facie evidence evidence which can stand alone to support
a conviction unless rebutted.
13. Conclusive evidence incontrovertible evidence
14. Cumulative evidence additional evidence of the same kind bearing
on the same point.
15. Corroborative evidence additional evidence of a different kind
and character tending to prove the same point as that of previously
offered evidence.
16. Character evidence evidence of a persons moral standing or
personality traits in a community based on reputation or opinion.
17. Demeanor evidence the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence evidence that has tangible and
exemplifying purpose.
19. Hearsay evidence oral testimony or documentary evidence which
does not derive its value solely from the credit to be attached to the
witness himself.
20.Testimonial evidence oral averments given in open court by
the witness.
21. Object/Auotoptic proferrence/Real evidence those addressed to
the senses of the court (sight, hearing, smell, touch, taste).
22. Documentary evidence those consisting of writing or any material
of written expression offered as proof of its contents.
containing letters, words, numbers, figures, symbols or other modes
Best Evidence Rule:
When the subject of the inquiry is the contents of a document, no evidence shall be
admissible other than the original of the document.
For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.
A document is legally considered Original when:
1. It is the subject of an inquiry
2. When in two or more copies executed at or about the same time, with identical
contents.
3. When an entry is repeated in ordinary course of business, one being copied from
another at or near the time of the transaction.
Question: May a fake document be considered as original or authentic?
Yes. A forged or spurious document when presented in court for examination is
considered as the original fake/forged document. Thus, a mere photocopy of the
allegedly forged or spurious document is only secondary to the original questioned
document.
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.
by
by
by
by
a co-partner or agent
a conspirator
privies
silence
In the above cases, the admission of one person is admissible as evidence against
another.
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.
12.
Evidence Reviewer
Definition Of Terms
the ambiguity provided that the matter is put in issue by the pleader.
Example: Dollars, tons and ounces.
Issue - is the point or points in question, at the conclusion of the
pleadings which one side affirms, and the other side denies.
Judicial Admissions - are those so made in the pleadings filed or in
the progress of a trial.
- It is one made in connection with a judicial
proceeding in which it is offered, while an extrajudicial admission
is any other admission.
Judicial Notice - no more than that the court will bring to its aid
and consider, without proof of the facts, its knowledge of those
matters of public concern which are known by all well-informed
persons.
- cognizance of certain facts which judges may take
and act on without proof because they are already known to them.
Material Evidence - evidence directed to prove a fact in issue as
determined by the rules of substantive law and pleadings. The test is
whether the fact it intends to prove is an issue or not. AS to whether
a fact is in issue or not is in turn determined by the substantive law,
the pleadings, the pre-trial order and by the admissions or confessions
on file. Consequently, evidence may be relevant but may be immaterial
in the case.
Negative Evidence - when the witness did not see or know of the occurrence
of a fact. There is a total disclaimer of persona knowledge, hence without
any representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to exclude
the existence of fact sworn to by the other side.
Object Evidence - is a tangible object that played some actual role on
the matter that gave rise to the litigation. For instance, a knife.
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.
Omnia praesumuntur rite et solemniter esse acta donec probetur in
contrarium all things are presumed to have been done regularly and
with due formality until the contrary is proved.
Opinion - an inference or conclusion drawn from facts observed.
of evidence of a particular fact has been duly admitted and given weight,
the result is called the proof of such fact.
Relevant Evidence - evidence having any value in reason as tending to
prove any matter provable in an action. The test is 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.
Res Gestae - literally means things done; it includes circumstances,
facts, and declarations incidental to the main facts or transaction
necessary to illustrate its character and also includes acts, words,
or declarations which are closely connected therewith as to constitute
part of the transaction.
Rule Of Exclusion - that which is secondary evidence cannot inceptively
be introduced as the original writing itself must be produced in court,
except in the four instances mentioned in Section 3.
Secondary Evidence - that which is inferior to the primary evidence and
is permitted by law only when the best evidence is not available.
Known as the substitutionary evidence.
- shows that better or primary evidence exists as to
the proof of fact in question. It is deemed less reliable.
Self Serving Declaration - is one which has been made extrajudicially
by the party to favor his interests. It is not admissible in evidence.
Testimonial Evidence - is that which is submitted to the court through
the testimony or deposition of a witness.
Unsound Mind - any mental aberration, whether organic or functional, or
induced by drugs or hypnosis.
Witness - reference to a person who testifies in a case or gives evidence
before a judicial tribunal.