Evidence

Evidence

Evidence is the means, sanctioned by these rules (Rules of Court), of ascertaining in a judicial proceeding, the truth respecting a matter of fact. (Rule 128, Sec. 1)

Cases:

1. Mayon Hotel and Restaurant vs Adava GR 157634 5/16/2005 (http://www.supremecourt.gov.ph/jurisprudence/2005/may2005/157634.htm)

2. Samalio vs CA 454 SCRA 462 (http://www.supremecourt.gov.ph/jurisprudence/2005/mar2005/140079.htm)

3. Ong Chia vs Republic 328 SCRA 749 (http://www.supremecourt.gov.ph/jurisprudence/2000/mar2000/127240.html)

4. Bantolino vs Coca Cola 403 SCRA 699 (http://www.supremecourt.gov.ph/jurisprudence/2003/jun2003/153660.htm)

5. Lagon vs Hooven 439 SCRA 363 (http://www.supremecourt.gov.ph/jurisprudence/2003/jun2003/..%5C..%5C2001%5Cjan2001%5C135657.htm)

Classes of Evidence

1. Relevant – when in has the tendency in reason to establish the probability or improbability of a fact in issue

2. Competent – when it is not excluded by law

3. Testimonial – evidence on oath or affirmation

i. Oral evidence – otherwise known as Parol Evidence

ii. Documentary evidence – consists of writings or any material containing letters, words, figures, symbols, and other modes of written expressions offered as proof of their contents

4. Object – evidence addressed to the senses of the tribunal

5. Direct – evidence which proves the fact in dispute without aid of any inference or presumption

6. Circumstantial – proof of fact, which when taken collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence

7. Best or Primary – evidence which affords the greatest certainty of the fact in question; this could be the primary document or original document

8. Secondary – evidence which is inferior to the primary evidence and shows on its face that better evidence exists

9. Positive – affirmation of a fact

10. Negative – denial of a fact

· In case of collusion between positive and negative evidence, the former prevails.

11. Corroborative – additional evidence of a different kind and character tending to prove the same point

12. Cumulative – additional evidence of the same kind and character tending to prove the same point

13. Prima Facie – evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence

14. Conclusive – evidence which is incontrovertible

15. Rebuttal – evidence which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party

16. Sur-rebuttal – evidence given to disprove the rebuttal evidence

17. Expert – an evidence given by one who is knowledgeable in a certain field or expertise not usually acquired by other persons

18. Substantial – that amount of relevant evidence which a reasonable mind might accept as adequate for justifying a conclusion

Proof vs Evidence

Proof is the result or perfection of the evidence while evidence is the means by which proof is established

Factum Probandum vs Factum Probans

Factum probandum is the proposition to be established while factum probans is the material evidencing the proposition

Burden of Proof vs Burden of Evidence

Burden of proof is the duty of the party to prove the allegations while burden of evidence is the duty of the party to overthrow the prima facie presumption against him

Collateral matters – those which are outside the controversy, or those not directly connected with the principal matters and issues in dispute, as indicated in the pleadings

Facts in issue – facts that a plaintiff must prove to establish his claim or facts that the defendant must prove in order to establish a defense set up by him

Facts relevant to the issue – those facts which render probable the existence or non-existence of a fact in issue, or some other relevant fact

June 23, 2008

Equipoise or equiponderance doctrine – when there is equal amount of evidence presented; under this doctrine, the decision shall be rendered against the party who has the burden of proof

Construction of evidence: Evidence shall be construed/applied/interpreted so as not to frustrate substantial justice (Quiambao vs CA 454 SCRA 17, March 28, 2005)