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On the Concept of Evidence

Remedial Law; Evidence; Definition
The concept of evidence:
Sec 1. Rule 128 of the Rules of Court States: Evidence defined - Evidence is the
means sanctioned by these rules, of ascertaining in judicial proceeding the truth
respecting a matter of fact.
Evidence is not an end in itself but merely as a "means" of ascertaining the truth
of a matter of fact.
The purpose of evidence is know the "legal truth." Thus, a supposed evidence
that would undoubtedly show the innocence of the accused will not be
considered in the decision of the court if not formally offered in evidence.
When Required - When not required
Evidence is required when the court has to resolve a question of fact. Where no
factual issue exists, there is no need to present evidence. Other instances where
evidence is not required:
1)The pleading in civil case do not tender an issue of fact.
2)Matters of judicial notice
3)Matters judicially admitted.
4)By agreement of the parties.
Other cases rules of evidence not applicable.
The rules of evidence, being part of the Rules of Court, apply only to judicial
proceedings. (Sec.1 Rule 128, Rules of Court)
In what cases is the Rules of Court not applicable? Election cases, land
registration, cadastral, naturalization and insolvency proceedings, and other
cases not herein provided for, except by analogy or in a suppletory character and
whenever practicable and convenient. (Riano 2009, p. 1-4)
Proof vs Evidence
"Proof is the effect of evidence."
Memorize Falsus in uno falsus in omnibus
Falsus in uno vs. Falsus in Omnibus means false in one thing, false in
everything
*interpretation is not strict
*While the witnesses may differ in their recollections of an incident, it does not
necessarily follow from their disagreements that all of them should be
disbelieved as liars and their testimonies completely discarded. It is not a
positive rule of law. The witness must have a conscious and deliberate intention
to falsify a material point.
2.

Distinguish Factum Probans vs. Factum Probandum

Factum Probandum
Factum Probans
Ultimate Facts
Material evidencing the proposition
Hypothetical
Existent.

a.

Factum probandum is the fact or proposition to be established

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b.
Factum Probans the facts or material evidencing the fact or proposition to
be established
*Example: If P claims to have been injured by the negligence of D who denies
having been negligent, the negligence of D and the causal connection between
such negligence, and the injuries of P taken as a whole = Factum Probandum
The evidence offered by P, whether it be object, documentary or testimonial,
constitute the materials to prove the liability of D. The totality of the evidence to
prove the liability refers to the Factum Probans
*If the defendant admits his negligence in his answer to the complaint, there is
no more need to prove negligence. Hence, negligence ceases to be a factum
probandum in this case.
*if the factum probandum signifies the fact or proposition to be established,
then matters of 1) judicial notice, 2)conclusive presumptions, 3)judicial
admissions cannot qualify as parts of the factum probandum of a particular
case, because such matters need not be established or proven.
*Factum probandum in civil case refers to the elements of a cause of action from
the point of view of the plaintiff and the elements of the defense from the point
of view of the defendant.
*In criminal cases factum probandum includes all matters that the prosecution
must prove beyond reasonable doubt in order to justify a conviction.
3.
Can Rules of Evidence be used in non-judicial proceedings?
The rules of evidence, being parts of the Rules of Court, apply only to judicial
proceedings (Sec. 1 Rule 128)
*Sec.4. In what cases not applicable. These Rules shall not apply to election
cases, land registration, cadastral, naturalization and insolvency proceeding, and
other cases not herein provided for, except by analogy or in a suppletory
character and whenever practicable and convenient.
Ex. Not applicable in Administrative bodies, CSC, Petition for naturalization, labor
cases
4.
Best Evidence Rule (Original document rule) (primary evidence
rule)
a.
Concept
i.
Original of the document must be
produced; When the subject matter of the inquiry is the contents of a document ,
no evidence shall be admissible other than the original document itself,
b.
Exceptions to the rule
i.
When the original has been lost, or
destroyed, or cannot be produced in court, without bad faith on the part of the
offeror;
ii.
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;
iii.
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
iv.
When the original is a public record in
the custody of a public officer or is recorded in a public office.
*Involves only the contents of a writing. The rule cannot be invoked unless the
contents of a writing is the subject of judicial inquiry, in such case; the best
evidence is the original writing itself.

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*Where the issue is the execution or existence of the document or the
circumstances surrounding its execution, the best evidence rule does not apply
and the testimonial evidence is admissible.
*Where the issue is only as to whether such document was actually executed, or
exists, or on the circumstance relevant to or surrounding its execution, the best
evidence rule does not apply and testimonial evidence is admissible.
*The best evidence rule applies only when the purpose is to establish the terms
of a writing. When the evidence introduced concerns some external facet about a
writing like its existence, execution or delivery without reference to its terms, the
rule cannot be invoked. The subject of inquiry under the best evidence rule it
the CONTENTS of a writing, NOT THE TRUTH thereof. Where the truth is in issue,
the hearsay rule will now be involved.
c.
Illustrative applications
i.
1994 Bar At the trial of ace for the
violation of the Dangerous Drugs Act, the prosecution offers in evidence a
photocopy of the marked bills used in the buy-bust operation. Ace objects to
the introduction of the photocopy on the ground that the Best Evidence Rule
prohibits the introduction of secondary evidence in lieu of the original is the
photocopy admissible in evidence?
1.
Yes, the photocopy of the bills being object evidence is admissible in
evidence without violation of the best evidence rule. The rule applies only to
documentary evidence and not to object evidence.
*The reason for the best evidence rule is the prevention and detection of fraud.
*The best evidence rule may be waived if not raised in the trial
*If the original be presented in evidence
1) Find a legal excuse for failure 2) present secondary evidence
If secondary evidence is to be offered in evidence, like a copy, the proponent has
to lay the basis for the admission of the copy of the document.
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.
*How to lay the basis for presenting secondary evidence:
a) The offeror must prove the execution and existence of the original document;
b) The offeror must show the cause of its unavailability
Loss, destruction, or unavailability
c) The offeror must show that the unavailability was not due to his bad faith
Correct order of proof is as follows Existence, execution, loss, and contents.
Due execution and authenticity of the document must be proved either: a) by
anyone who saw the document executed or written, or by evidence of the
genuiness of the signature or handwriting of the maker.
When original is in the custody or control of the adverse party:
Laying the basis requires:
a.
The original exists.
b.
That the said document is under the custody or control of the adverse
party;

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c.
That the proponent of secondary evidence has given the adverse party
reasonable notice to produce the original document
d.
That the adverse party failed to produce the original document despite the
reasonable notice.
*Waiver: Failure to object to the parole evidence presented by the adverse party
operates as a waiver of the protection of the rule.
* The loan may be proved by the photocopy as long as A lays the basis for the
introduction of secondary evidence, to wit: a) the existence and due execution of
the original, and b) the loss of the original without bad faith on his part. (Sec. 5,
Rule 130)
Distinction between Best Evidence and parol Evidence
Best Evidence Rule
Parol Evidence Rule
1.
Establishes a preference for the
Presupposes the original is available
original document over secondary
evidence thereof.
2.
Precludes the admission of
Precludes the admission of other
secondary evidence if the original
evidence to prove the terms of a
document is available.
document other than the contents of the
document itself for the purpose of
varying the terms of the writing.
3.
Can be invoked by any litigant to
Can be invoked only by the parties to
an action whether or not said litigant is a the document and their successors in
party to the document involved.
interest.
4. Applies to all forms of writing
Applies only to written contracts and
wills.
5.
Define Parol Evidence
*Applies to agreements and will. Parol evidence means offering extrinsic
evidence that would modify, explain or add to the terms of the written
agreement. BUT it is allowed if any of the following are shown:
a.
An intrinsic ambiguity, mistake, or imperfection in the written agreement;
b.
The failure of the written agreement to express the true intent and
agreement of the parties;
c.
The validity of the written agreement;
d.
The existence of other terms agreed to by the parties or their successors in
interest after the execution of the written agreement.
And only if it is put in issue in the pleadings.
*The rule applies ONLY to contracts which the parties have decided to set forth in
writing. When n the terms of an agreement is merely oral, the parol evidence
rule should not be applied.
*Parol evidence does not apply in oral agreements, public writing, private writing,
express trust (although parol evidence applies to wills.
6.
Testimonial Evidence Adverse party Read Sec. 6. Loss, Destroyed,
Unavailable Originals (Sec 5)
*Showing that the original document is in the custody or under the control of the
adverse party does not ipso facto authorize the introduction of secondary
evidence to prove its contents. The party who seeks to present secondary
evidence must lay a basis for its introduction.
Laying the basis:

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1)
That the original exists;
2)
That the 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.
How to notify: motion for the production of the original or by subpoena duces
tecum, provided that the party in custody has sufficient time to produce it.
After the foundational requirement for the introduction of secondary evidence
have been complied with, secondarily evidence may now be presented as in the
case of loss. This mean that the contents of the document may now be proven
by
a copy of the document a recital of its contents in some authentic document
By testimony of a witness in the order stated (Sec. 5 Rule 130)
7.
Testimonial evidence topics not found in Rule 130
a.
132 (Sec. 3) Right of witnesses (Sec .6) Cross Exam and Sec. 11
Impeachment of witnesses
i.
Are the rights of the accused
violated in case of compulsory HIV testing? No. There is no testimonial
compulsion involved by extracting blood from the accused for testing purposes.
Thus, there is no violation of the right to privacy and the right to be presumed
innocent.
ii.
Should DNA evidence be
admitted? Yes. The right against self incrimination applies only to testimonial
evidence. Extracting blood samples and cutting strands of hair do not involve
testimonial compulsion but purely mechanical acts which neither requires
discretion or reasoning. (Tijing v. Court of Appeals.
iii.
The right against self incrimination
does not apply to physical and mechanical act. It applies only to testimonial
compulsion which is not the case under the facts.
iv.
Degrading questions although
degrading a witness must answer the question if the degrading answer a) is the
very fact in issue; or b) refers to a fact from which the fact in issue would be
presumed. (Rule 132)
8.
What are the elements of a dying declaration? #3 exam
*Must comply with the following foundational elements
1. That the declaration is one made by a dying person;
2. That the declaration was made by said dying person under the
consciousness
Of impending death
3. That the declaration refers to the cause and circumstances
surrounding the death of the declarant and not of anyone else;
4. That the declaration is offered in a case where the declarants death
is the subject of inquiry;
5. The declarant is competent as a witness had he survived;
6. The declarant should have died.
Note: must refer to the death of the declarant, not merely injuries.
*If the declarant survives HIS DECLARATION MAY BE ADMISSIBLE AS PART OF THE
RES GESTAE.

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*The former rule embodied in Supreme Court decisions, which declared that a
dying declaration is offered in a criminal case for homicide, murder, or parricide
wherein the declarant is the victim, no longer holds true. As amended
Parts of the Res Gestae
Literally means things done. Res Gestae is the startling event of
which the spontaneous statement is only a part of.
The use of res Gestae in the Philippines is limited to two
matters:
1)
Spontaneous statements
a.
That there is a startling occurrence taking place;
b.
That statements were made while the event is taking place or immediately
prior to or subsequent thereto;
c.
The statements were made before the declarant had the time to contrive
or devise a falsehood
d.
That the statement relates to the circumstances of the startling even or
occurrence, or that the statements must concern the occurrence in question and
its immediate attending circumstance.
2)
Verbal acts Statement accompanying an equivocal act material to the
issue, and giving it a legal significance a conduct that is equivocal or
ambiguous, one which in itself does not signify anything when taken separately
(legal significance) To be admissible, the following requisites must be present:
a.
The principal act to be characterized must be equivocal (clear need not be
explained);
b.
The equivocal act must be material to the issue;
c.
The statement must accompany the equivocal act;
d.
The statement gives a legal significance to the equivocal act
9.
Exceptions to the hearsay rule, are all hearsay, but are admissible
Sec. 36 of Rule 130 ex. Which of the following is hearsay?
Hearsay
vs.
Opinion
Hearsay evidence is one that is not based on
An opinion evidence is based
ones personal knowledge of others to prove the
on the personal knowledge or
truth of the matter asserted in an out-or-court
personal conclusion of the
witness based on his skill,
training, or experience.
Examples of Non-hearsay evidence
a.
A statement having probative worth simply by virtue of the fact that it was
uttered, if relevant to a material fact inissue is not hearsay and is generally
admissible. Where a statement is not offered for the truth of the contents of the
conversation, but only to show that it was made, then the statement is not
hearsay. For example, a statement that is offered to show its patent falsity, so as
to suggest the defendants consciousness of guilt, is NOT hearsay.
b.
A statement relating to the state of mind of the declarant and statement
relating to the state of mind of the listener, these are not hearsay, but merely
constitute circumstantial evidence of an assertion. Ex. To prove by inference the
testators state of mind, I am Stalin, Roosevelt, Saddam Hussein, rolled into
one
c.
A threat against a witness may be offered in evidence to show its impact
on the witness and where the reasonableness of a persons conduct is an issue,

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and out of court declaration may be offered to explain the person's reactions to
the declaration.
d.
Words offered to prove hearers reaction are admissible when they are
offered to show their effect on one whose conduct is at issue.
Independent relevant statement: The newspaper clipping is admissible as nonhearsay if offered for the purpose of showing that the statement of X was made
to a reporter regardless of the truth or falsityof the statement. If it is relevant, it
is admissible as an independent relevant statement (non hearsay) It would be
hearsay if offered to prove the truth that x was the robber.
Exception to the Hearsay Rule:
1.
Dying Declarations
2.
Declaration against interest
3.
Act or declaration about pedigree
4.
Family reputation or tradition regarding pedigree
5.
Common reputation
6.
Parts of the res Gestae
7.
Entries in the course of business
8.
Entries in official records
9.
Commercial lists
10. Learned treatises
11. Testimony or deposition at a former trial
Dying Declarations
*must be impending, near, and certain.
Declaration about pedigree
*The declaration about pedigree may be received in evidence if the relationship
is shown by evidence other than the declaration. The word pedigree includes
relationship, family genealogy, birth, marriage, death, the dates when and the
places where these facts occurred, and the names of the relatives. It also
embraces facts of family history intimately connected with pedigree.
Entries in the course of business.
Elements:
a)
Entries were made at, or near the time of the transactions
b)
Such entries were made in the regular course of business
c)
The person making the entries was in a position to know the facts stated in
the entries.
d)
The person making the entries did so in a position to know the facts stated
in the entries
e)
The person making the entries did so in his professional capacity, or in the
performance of duty and in the regular course of business
f)
The person making the entry is now dead or unable to testify.
Declarations against Interest
Ex. A statement by the debtor before he died that he owes the creditor a sum of
money, or an oral acknowledgment by the principal that he received the money
previously entrusted to his agent, are clear declarations against the interest of
the person making it. Note that declaration against interest made by the
deceased, or by one unable to testify, is admissible even against the declarants
successors in interest or even against third person.

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Common reputation
While common reputation in the community may establish a matter of public or
general interest, marriage or moral character, it CANNOT establish pedigree. This
is established by reputation in the family and not in the community.
Commercial Lists and the Like
Must be made by persons engaged in that occupation and are generally used
and relied upon by them and those lists and reports are published.
Learned Treaties.
History books, published finding of scientists fall within this exception IF the
subject testifies to the expertise of the writer of if the court takes judicial notice
of such fact.
Testimony or Deposition at a Former Proceeding.
The testimony is one given in a former case or proceeding or administrative,
involving the same parties and the same subject matter. The testimony was
given by one who is now dead or unable to testify. Said testimony may be given
in evidence against the adverse party provided the latter had the opportunity to
cross-examine the witness who gave the previous testimony.

Waiver
The rules of evidence may be waived. The rules are established for the
protection of the parties. Except if the rule waived by the parties has been
established by law on grounds of public policy.
Matters need NOT be proved (ISA-JP)
1)
Immaterial allegations
2)
Facts admitted or not denied provided they have been sufficiently alleged
(Rule 8)
3)
Agreed and Admitted facts
4)
Facts subject to Judicial Notice
5)
Facts legally Presumed
Section 4. JUDICIAL ADMISSION is and admission, verbal or written, made by a
party in the course of the proceedings.
Elements
1)
The same must be made by a party to the case
2)
The admission must be made in the course of the proceedings in the same
case, and
3)
There is no particular form for an admission, it may either be written or
verbal.
Judicial Admissions may be made in
1)
Pleadings filed by the parties,
2)
In the course of trial either verbal or written manifestations or stipulations
3)
In other stages of judicial proceedings as in the pre trial of the case
4)
Admissions obtained through depositions, written interrogatories or
requests for admissions.
Judicial admissions can be made by either a party or counsel.
Judicial admission may be contradicted only when it is shown that

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1. It was made through palpable mistake or 2. That no such admission was
made.
Remedy of a party who gave a judicial admission:
In case of written judicial admission motion to withdraw the pleadings, motion,
or other written instrument containing such admission.

Judicial admissions are always conclusive upon the admitter and do not require
formal offer as evidence, unlike in the case of extra-judicial admissions.
Rule on dismissed pleadings
Admissions made in pleadings that have been dismissed are merely extrajudicial
admission.
Admissions in civil cases
Admissions in a pleading which had been
withdrawn or superseded by and
amended pleading are considered extra
judicial admission

Admissions in criminal cases

Admissions during arraignment may be
withdrawn at any time before the
judgment of conviction becomes final,
but such plea of guilty later withdrawn is
not admissible in evidence againt the
accused who made the plea.
It is not even considered an extra judicial
admission

Disqualification by reason of
Marriage (sec. 22)

Disqualification by reason of Marital

privilege (sec. 24 (a)

Can be invoke only if one of the

spouses is a party to the action

Can be claimed whether or not the

other spouse is a party to the action

Applies only if the marriage is

existing at the time the testimony is
offered
Constitutes a total prohibition for or
against the spouse of the witness

Can be claimed even after the

marriage is dissolved

The objection would be raisedon the

ground of marriage. The married
witness would not be allowed to
take the stand at all because of the
disqualification. Even if the
testimony is for or against the
objecting spouse, the spousewitness cannot testify.

Applies only to confidential

communications between the
spouses
The married person is on the stand
but the objection of privilege is
raised when confidential marital
communication is inquired into.

Disqualification by reason of marriage (spousal immunity)

Take note of the ff.
Judicial admissions vs. Extra-judicial admissions
Competence vs Relevance
Best Evidence Rule
Real Evidence definition (replica offered as evidence)
Parol evidence would not be objected if the ambiguity was put in issue in the
pleadings

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Laying the basis for the offer of a photocopy of a contract. Originals
Expert testimony of a promissory note
Credibility defined refers to worthiness of belief.
Chain of custody
When may an ordinary witness testify as to his opinion?
When may parol evidence be allowed?
How do you lay the basis for introduction of secondary evidence when a) original
is lost b) ht original is in the custdy of the adverse party.
How to impeach testimony of a witness, definition
Admission - any statement of fact made by a party against his interest
or unfavorable to the conclusion for which he contends or is inconsistent
with the facts alleged by him.
Best Evidence Rule - is that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.
Burden Of Evidence - logical necessity on a
party during a particular time of the trail to create a
prima facie case in his favor or to destroy that
created against him by presenting evidence.
Burden Of Proof/Risk of Non-Persuasion - the duty of a party to present
evidence on the facts in issue necessary to establish his claim or defense
by the amount of evidence required by law.
Character - the aggregate of the moral qualities which belong to and
distinguish an individual person.
Circumstantial Evidence - is the proof of a fact or facts from which
taken either singly or collectively, the existence or a particular
fact in dispute may be inferred as a necessary or probable consequence.
Common Reputation - is the definite opinion of the community in which
the fact to be proved is known or exists. It means the general or
substantially undivided reputation, as distinguished from a partial or
qualified one, although it need not be unanimous.
Competency Of A Witness - is the legal fitness or ability of a witness
to be heard on the trial of a cause.
Competent Evidence - one that is not excluded by this Rules, a statute
or the Constitution.
Compromise - is an agreement made between two or more parties as a
settlement matters in dispute.
Conclusive Evidence - the class of evidence which the law does not allow
to be contradicted.
Confession - categorical acknowledgement of guilt made by an accused
in a criminal case, without any exculpatory statement or explanation.

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If the accused admits having committed the act in question but alleges
a justification therefore, the same is merely an admission.
Judicial Confession - one made before a court in which the case
is pending and in the course of legal proceedings therein and,
by itself, can sustain a conviction even in capital offenses.
Extra Judicial Confession - one made in any other place or
occasion and cannot sustain a conviction unless corroborated by
evidence of the corpus delicti. This section refers to extrajudicial
confessions.
Corroborative Evidence - is additional evidence of a difference character
to the same point.
Cumulative Evidence - evidence of the same kind and to the same state
of facts.
Demonstrative Evidence - is a tangible evidence that merely illustrates
a matter of importance in the litigation such as maps, diagrams,
models, summaries and other materials created especially for litigation.
Direct Evidence - that which proves the fact in dispute without the
aid of any inference or presumption.
Doctine Of Processual Presumption - absent any of the evidence or
admission,
the foreign law is presumed to be the same as that in the Philippines.
Document - any substance having any matter expressed or described upon
it by marks capable of being read.
- is a deed, instrument or other duly authorized appear by
which something is proved, evidenced or set forth.
Documentary Evidence - evidence supplied by written instruments or derived
from conventional symbols, such as letters, by which ideas are represented
on material substances.
Dying Declaration - The ante mortem statements made by a person after
the mortal wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the circumstances
surrounding the attack.
Equipose Rule - Where the evidence gives rise to two probabilities,
one consistent with defendants innocence, and another indicative of
his guilt, that which is favorable to the accused should be considered.
Estoppel By Deed the tenant is not permitted to deny title of his
landlord at the time of the commencement of the land-lord tenant
relationship. If the title asserted is one that is alleged to have been
acquired subsequent to the commencement of that relation, the presumption
will not apply.
Estoppel In Pais - whenever a party has, by his own declaration, act,

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or omission, intentionally and deliberately lead another to believe a
particular thing to be true and act upon such belief, he cannot, in
any litigation arising out of such declaration, act or omission, be
permitted to falsify it.
Expert Witness - one who belongs to the profession or calling to which
the subject matter of the inquiry relates to and who possesses special
knowledge on questions on which he proposes to express an opinion.
Express Admissions - are those made in definite, certain and unequivocal
language.
Extra Judicial Admissions - are those made out of court, or in a judicial
proceeding other than the one under consideration.
Fact - thing done or existing.
Facts In Issue - are those facts which the plaintiff must prove in order
to establish his claim and those facts which the defendant must prove
in order to establish a defense set up by him, but only when the fact
alleged by the one party is not admitted by the other party.
Facts Relevant To The Issue - are those facts which render the probable
existence or non-existence of a fact in issue, or some other relevant
fact.
Factum Probandum - the ultimate fact or the fact sought to be established.
- Refers to proposition
Factum Probans - is the evidentiary fact or the fact by which the factum
probandum is to be established. Materials which establish the proposition.
Hearsay Rule - Any evidence, whether oral or documentary is hearsay if
its probative value is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the witness
stand.
Impeaching Evidence - a proper foundation must be laid for the impeaching
questions, by calling attention of such party to his former statement
so as to give him an opportunity to explain before such admissions are
offered in evidence.
Implied Admissions - are those which may be inferred from the acts,
declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.
Independent Evidence - admissions are original evidence and no foundation
is necessary for their introduction in evidence
Intermediate Ambiguity - situation where an ambiguity partakes of the
nature of both patent and latent. In this, the words are seemingly
clear and with a settled meaning, is actually equivocal and admits of
two interpretations. Here, parol evidence is admissible to clarify

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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.
Ordinary Opinion Evidence - that which is given by a witness who is
of ordinary capacity and who has by opportunity acquired a particular
knowledge which is outside the limits of common observation and which
may be of value in elucidating a matter under consideration.

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Parol Evidence - any evidence aliunde, whether oral or written, which
is intended or tends to vary or contradict a complete and enforceable
agreement embodied in a document.
Patent or Extrinsic Ambiguity - is such ambiguity which is apparent on
the face of the writing itself and requires something to be added in
order to ascertain the meaning of the words used. In this case, parol
evidence is not admissible, otherwise the court would be creating a
contract between the parties.
Pedigree - includes relationship, family genealogy, birth, marriage,
death, the dates when, and the placer where these facts occurred and
the names of their relatives. It embraces also facts of family history
intimately connected with pedigree.
Positive Evidence - when the witness affirms that a fact did or did not
occur. Entitled to a greater weight since the witness represents of his
personal knowledge the presence or absence of a fact.
Presumption - An inference as to the existence or non-existence of a
fact which courts are permitted to draw from the proof of other facts.
Presumption Juris Or Of Law is a deduction which the law
expressly directs to be made from particular facts.
Presumption Hominis Or Of Fact is a deduction which reason
draws from facts proved without an express direction from the
law to that effect.
Prima Facie Evidence - that which is standing alone, unexplained or
uncontradicted, is sufficient to maintain the proposition affirmed.
Primary Evidence - that which the law regards as affording the greatest
certainty of the fact in question. Also referred to as the best evidence.
Privies - those who have mutual or successive relationship to the
same right of property or subject matter, such as personal
representatives, heirs, devisees, legatees, assigns, voluntary grantee
or judgment creditors or purchasers from them without notices to the fact.
Privity - mutual succession of relationship to the same rights of property.
Proof - the result or effect of evidence. When the requisite quantum
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,

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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.