EVIDENCE

Means of ascertaining the truth of a matter in fact

Types of evidence

1. Testimonial
a. Oral depositions by witnesses

2. Real
a. Objects used in the commission of a crime

3. Documentary
a. Content of a written evidence

NOTE:

Direct examination

To know if the testimony is relevant and of significance in determining the truth

Cross examination

Counsel of the adverse party questions the witness to disprove the credibility of his testimony;

RE: JUDICIAL AFFIDAVIT; WHETHER TESTIMONIAL OR DOCUMENTARY

Still testimonial. Theoretically the basis is the oral deposition of the witness, only it is
made in writing. However, some courts hold that this is a documentary evidence

Admissibility of evidence

Competent

Not excluded by law. e.g: Articles seized in violation of the law.

Relevant

Evidence is relevant when it has the probative value in determining the veracity of the
allegations in the complaint

Material
Guidelines in evidence gathering

Documentary

(Sec 36, rule 130) Best evidence rule: must be the original copy

Exception:

1. When OC is lost, destroyed or cannot be produced;

Machine copies can be admitted as evidence so long as the fact that

the OC is lost, destroyed or cannot be produced has been proven

2. The OC is in the custody of the adverse party

3. Public record in the custody of a public officer

Testimonial

Hearsay Rule: No hearsays (chismis) are allowed.

Must be based on his personal knowledge.

Exception:

a. Declaration against interest

b. Dying declaration
c. Part of “res gestae”; statements made during startling occurrence

RE: AFFIDAVIT MAKING

1. CHRONOLOGICAL;
2. JURAT: DATED, SIGNED AND NOTARIZED;
3. PARAGRAPH MUST BE NUMBERED;
4. ONE THOUGHT PER PARAGRAPH;
5. ACC TO PERSONAL KNOWLEDGE;
6. MUST BE DETAILED AS POSSIBLE;
7. MADE IMMEDIATELY AFTER THE EVENT (MEMORY IS STILL FRESH)
8. REMEMBER 5W AND 1H
9. MUST BE IN A LANGUAGE USED BY THE AFFIANT
NOTE: can be done in English despite the fact that it was deposed by the affiant in another
dialect. Depends in the credibility and knowledge (of the English language) of the affiant, or
it can be seen that the affiant understood the context despite the use of English language;