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What is Evidence?
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact (Section 1, Rule 128, Revised
Rules on Evidence, Approved March 14, 1989).
What is Evidence?
The law of evidence deals with the rules to be followed in presenting a matter of
fact to a court for its use in a judicial investigation. It prescribes the manner of
presenting evidence personally by one who knows the thing, subject to cross-
examination, or by means of a deposition. It fixes the qualifications and the
privileges of witnesses, and the mode of examining them. And chiefly, it
determines, as among probative matters, what classes of things shall not be
received (Chamberlaine, Trial Evidence 9).
What is Evidence?
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 (Sec. 2, Rule 128).
The Philippine law on evidence is fundamentally a procedural law (Bustos vs.
Lucero, 81 Phil. 640).
Forms of Evidence
1) Real evidence—is
evidence—is that which is addressed to the sense of the tribunal such as
objects presented to the court for inspection. It speaks for itself and the
most trustworthy type of evidence (Gilbert, Law on Evidence).
2) Documentary evidence—is
evidence—is that which is supplied by written instruments, or
derived from symbols by which ideas are represented on material substances
(22 C.J. 791).
3) Testimonial evidence—is
evidence—is the testimony given in court or the deposition by
one who has observed that to which he is testifying; or one who, though he
has not observed the facts, is nevertheless qualified to give an opinion
relative to such facts.
4) Demonstrative evidence - is just what the name implies--it demonstrates or
illustrates the testimony of a witness.
Judicial Notice
It is the cognizance of certain facts which judges may properly take and act on
without proof because they already know them. It means 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 (31 CJS 509).
Admissibility of Evidence
Evidence is admissible when it is relevant to the issue and is not excluded by the
rules of evidence (see, Sec. 3, Rule 128).
What is Admission?
An admission is an act, declaration, or omission of a party or on behalf of any
party as to a relevant fact. (Jones on Evidence, 16-34)
Judicial admissions are admissions made by the parties in the pleadings, or in the
course of the trial or other proceedings which do not require proof and can not
be contradicted unless previously shown to have been made through palpable
mistakes or that no such admission was made (Sec. 4, Rule 129).
Confession
The declaration of an accused acknowledging his guilt of the offense charged, or
of any offense necessarily included therein, may be given in evidence against
him (Sec. 33, Rule 130, Rev. Rules on Evidence)
Hearsay Evidence
It is evidence which derives its value, not solely from the credit to be given to
the witness upon the stand, but in part from the veracity and competency of
some other persons. But hearsay is not limited to oral testimony. A writing may
also be hearsay (20 Am. Jur. 400).
Standard of proof
The "standard of proof" is the level of proof required in a legal action to
discharge the burden of proof, which is to convince the court that a given
proposition is true. The degree of proof required depends on the circumstances
of the proposition. Typically, most countries have two levels of proof or the
balance of probabilities:
probabilities:
Beyond reasonable doubt -- (highest level of proof, used mainly in
criminal trials)
preponderance of evidence -- (lowest level of proof, used mainly in
civil trials)
Evidentialism
Evidence, whatever else it is, is the kind of thing which can make a difference to
what one is justified in believing or (what is often, but not always, taken to be
the same thing) what it is reasonable for one to believe. Some philosophers hold
that what one is justified in believing is entirely determined by one's evidence.
And when what constitutes normal human conduct is taken into consideration-
while there is no doubt that many of these beliefs are well-founded, they do
stand in need of critical examination, for it is truism that in more than just
rare cases “truth is stranger than fiction”
Indeterminacy of the law- it depends upon the judge and particular cases what
evidence to admit and not to admit. Evidence can be material and relevant in
one case but not in the other.
Standard of proof and conviction- Judges must decide on cases based on laws.
Judges in deciding civil cases is requires only mere preponderance of evidence,
and in criminal cases proof beyond reasonable doubt is required.