CLJ 5

Evidence

is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

Truth

in the judicial sense, is the version of the facts that parties were able to prove through the evidence they presented in court.
Refers to the proposition.

Ultimate facts

are the essential and substantial facts that either form the basis of the primary right and duty or directly make up the wrongful acts or omissions of the defendant.

Factum Probans

The evidentiary fact or the fact by which the factum probandum is to be established.

Refers to the materials which established the proposition.

Evidentiary facts

tend to prove or establish said ultimate facts or the premises upon which conclusions of ultimate facts are based.

Relevancy

It is the relationship of evidence to the fact in issue. If the evidence will tend to prove the fact in issue, then the evidence is relevant. If there is no connection at all, then the evidence is not relevant.

Competency

It is one that is not excluded by the law or rules.

ADMISSIBILITY

refers to the question of whether certain pieces of EVIDENCE ARE TO BE CONSIDERED AT ALL.

Multiple Admissibility

Evidence is RELEVANT AND COMPETENT FOR TWO OR MORE PURPOSES such evidence should be admitted for any and all the purposes for which it is offered provided it satisfies all the requirements of law for its admissibility

Conditional Admissibility 

Where the evidence at the time of its offer APPEARS TO BE IMMATERIAL OR IRRELEVANT UNLESS IT IS CONNECTED WITH THE OTHER FACTS to be subsequently proved, such evidence may be received on condition that the other facts will be proved thereafter, otherwise the evidence already given will be stricken out.

Curative Admissibility

Doctrine treats upon the RIGHT OF A PARTY TO INTRODUCE INCOMPETENT EVIDENCE IN HIS BEHALF WHERE THE COURT HAS ADMITTED THE SAME KIND OF EVIDENCE adduced by the adverse party.

Object 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.

Documentary Evidence

Evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances

Testimonial Evidence

That which is submitted to the court through the testimony or deposition of a witness.

Relevant

evidence having any value in reason as tending to prove any matter provable in an action.

Material

evidence directed to prove a fact in issue as determined by the rules of substantive law and pleadings.

Competent

one that is not excluded by the Rules, statutes or the Constitution.

Cumulative

evidence of the same kind and to the same state of facts.

Corroborative

additional evidence of a different character to the same point.

Prima Facie

that which, standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed.

Primary

that which the law regards as affording the greatest certainty of the fact in question. Also known as “best evidence”.

Secondary

that which is inferior to the primary evidence and is permitted by law only when the best evidence is not available. Also known as “substitutionary evidence”.

Positive

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.

Negative

when the witness did not see or know of the occurrence of a fact. Lesser weight since there is a total disclaimer of personal knowledge, hence without any representation that the fact could or could not have existed or happened.

DNA Evidence

is evidence that constitutes the totality of the DNA (deoxyribonucleic acid) profiles, results, and other genetic information directly generated from DNA testing of biological samples.

Biological samples such as saliva, mucus, and semen can be used to generate DNA profiles and other genetic information for use as evidence.

Physical Evidence

Refers to a wide range of physical objects

Biological Evidence

Consists of body fluids or other bodily tissues, the examination of which may identify the donor.

Examples: Blood, Semen, Saliva, Bone, Hair

Drug Evidence

Consists of legal and illegal chemical substances controlled by law.  This evidence may include prescription medication.

Associative Evidence

Originates from contact between people, objects, people and objects.

Used to provide links between evidence and individuals involved in a crime.

Computer Crime

Recovery of data files that may be directly related to the crime, such as child pornography and identity theft

Burden of proof

is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law. Burden of proof never shifts

Burden of evidence

is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case. Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of the case

Waiver

The right against self-incrimination is not self-executing or automatically operational. It must be claimed; otherwise, the protection does not come into play. Moreover, the right must be claimed at the appropriate time, or else, it may be deemed waived. In the present case, it does not appear that petitioner invoked her right against self-incrimination at the appropriate time, that is, at the time she was asked to provide samples of her signature.

RA 6981

Witness Protection, Security and Benefit act

State Witness

Any person who has participated in the commission of a crime and desires to be a witness for the State, can apply and, if qualified as determined in this Act and by the Department, shall be admitted into the Program

Cross Examination

This is the examination of the witness by the adverse party said witness has given his testimony on direct examination.

Judicial Admission

An admission, oral or written, made by the party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that the imputed admission was not, in fact, made.

Direct Examination

The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.

It is actually a procedure for obtaining information from one’s own witness in an orderly fashion.

It is information which counsel wants the court to hear .

 

Cross Examination

This is the examination of the witness by the adverse party said witness has given his testimony on direct examination.

The most reliable and effective way known of testing the credibility and accuracy of testimony.

misleading question

is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he or she has previously stated. It is not allowed.

Authentication

is the process of proving the due execution and genuineness of the document