EVIDENCE

Falsa demonstratio non nocet- erroneous description does not injure.

Falsa demonstratio non nocet, cum de corporare constat: An erroneous description is
harmless when it is clear as to the individual.
Voir dire examination: a preliminary examination to determine the competency of a witness.
Good Samaritan Rule: is a rule on evidence where an offer to pay or the payment of medical,
hospital or other expenses occasioned by an injury is not admissible in evidence as proof of
civil or criminal liability for the injury.
Offer of compromise vs. Ordinary admission
An offer of compromise is an offer to settle a dispute or difference amicably for the
purpose of avoiding a lawsuit and without admiting liability. In civil cases, an offer of
compromise is not an admission of any liability, and is not admissible in evidence against the
offeror. In criminal cases, except those involving quasi-offenses or those allowed by law to be
compromised, an offer of comprimised by the accused may be received in evidence as an
implied admission of guilt.
Admission is the act, declaration or omission of a party as to a relevant fact may be
given in evidence against him.
Matters of public interest vs. Matters of general interest
Matters of public interest are those of national interest while matters of general
interest are those affecting inhabitants of a particular region or community.
Distinguish res gestae in connection with a homicidal act from a dying declaration.
a) A dying declaration can only be made by the victim, while a statement as part of res
gestae may be that of the killer himself after or during the killing.
b) Dying declaration is made only after the homicidal attack has been committed, while
in res gestae the statement may precede, accompany or be made after the homicidal
attack was committed.
c) Dying declaration is being given based upon the awareness of an impending death,
while res gestae has its basis on spontaneity of the statement.
Entries in the course of business vs. Entries in official records
a) Entries in the course of business are made by a person who is dead or unable to
testify but need not be in entries in official records.
b) In the first, it requires authentication while it is not required in entries in
official records.
c) Best evidence rule applies in entries in the course of business while entries in
official records is an exception to the best evidence rule.
d) Entries in the course of businessare made pursuant to a duty, either legal,
contractual, moral or religious while in entries in official records, the entrant is
a public officer, or if a private individual, he must have acted pursuant to a
legal duty.

Ei incumbit probatio qui dicit, non qui negat: The burden of proof is on the one who declares,
not on one who denies. The phrase is a legal maxim in criminal law relevant to the
presumption of innocence and indicates the legal burden of proof falls upon the prosecution
making the charge and not the defendant.
Shorthand rendering of facts: A "shorthand statement of fact" has been defined as "the
instantaneous conclusions of the mind as to the appearance, condition, or mental or physical
state of persons, animals, and things, derived from observation of a variety of facts presented
to the senses at one and the same time.
Contradictory Evidence vs.Prior inconsistent statement
Contradictory evidence refers to other testimony of the same witness, or other
evidence presented by him in the same case, but not the testimony of another witness.
Prior inconsistent statement refers to statements, oral or documentary made by the
witness sought to be impeached on occasion other than the trial in which he is testifying.
Present memory revived vs. Past recollection recorded
a) The former applies if the witness remembers the facts regarding his entries while the
latter applies where the witness does not recall the facts involved.
b) Present memory revived is entitled to greater weight than past recollection recorded
c) In the former, the evidence is the testimony; in the latter, the evidence is the writing
or record.
d) In the first, the rule of evidence affected is competency of a witness and examination
of the witness; in the second, the rule of evidence affected is the best evidence rule.
e) In present memory revived, the witness simply testifies that he knows that the
memorandum is correctly written by him or under his supervision. There is no need to
swear. In past recollection recorded, witness must swear that the writing correctly
states the transaction.
Offer of proof/tender of excluded evidence vs. Offer of evidence
Tender of excluded evidence shall be made as follows, to wit: a) if documents or
things offered in evidence by the court, the offeror may have the same attached to or made
part of the record; b) if the evidence excluded is oral, the offeror may state for the record
the name and other personal circumstances of the witness and the subtsance of the proposed
testimony.
The rule on offer of evidence refers to one where the court shall consider no
evidence which has not been formally offered.
Harmless error rule:
Doctrine of processual presumption: It is a rule that in case of failure to prove and plead the
proper foreign law, the foreign law is presumed as the same as the domestic law.
Who are privies?
Refers to those who have mutual or successive relationship to the same right of
property of subject matter.
Explain prospectant, concomitant and retrospectant collateral matters.
Requisites for revival of present memory.

1. The memorandum has been written by him or under his direction

At the time when the fact occured, immediately thereafter, or at any other time when the
fact was fresh in his memory and knew that the same was correclty written or recorded.
Object evidence vs. Demonstrative evidence
Object/real evidence or autoptic proference is the kind of evidence which is directly
addressed to the senses of the court and consists of tangible things exhibited, viewed, or
demonstrated in open court; while demonstative evidence is one used to indicate those
tangible things not directly involved in the litigated occurence.