REVIEWER SIR MAHABA

Trial

refers to the examination before a competent tribunal, according to the laws of the land, of the facts in issue in a cause, for the purposes of determining such issue

Evidence

helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events from the conception up to the consummation of a criminal design.

Factum Probandum

The ultimate facts to be proven. These are the propositions of law.

Examples:

murder was committed thru treachery

robbery was made through force upon things

Factum Probans

The evidentiary/intermmediate Facts. These addresses questions of fact.

Examples:

exit wounds were in front indicating that victim was shot at the back

destroyed locks indicative of force upon things

Evidence

the means to arrive at a conclusion. Under the Revised Rules of Court,

evidence is defined as “ the means, sanctioned by the rules, for ascertainment in a judicial

proceeding, the truth, respecting a matter of fact”

Proof

the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court

Quantum of evidence

the totality of evidence presented for consideration

Quantum of proof

refers to the degree of proof required in order to arrive at a conclusion.

Burden of evidence

the duty of a party of going forward with evidence.

Burden of proof

the duty of the affirmative to prove that which it alleges.

Criminal Action

proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced mind

Civil Action

preponderance of evidence [evidence of greater weight or more convincing than that which is offered to refute it

Administrative Action

sufficiency of evidence [that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion

Exclusionary Rule. (Fruit of the poisonous tree doctrine)

Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because of the constitutional requirement of due process. Due process has been defined as “ the law that hears before it condemns, which proceeds upon inquiry, and renders judgment only after fair trial”

Principle of Chain of Custody of Evidence

If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered

It is a means of ascertainment

used to arrive at a legal conclusion

It is sanctioned by the rules of court

meaning, not excluded by the rules on relevancy and admissibility

It is used in a judicial proceeding

there is a jural conflict involving different rights asserted by different parties

It pertains to the truth respecting a matter of fact

evidence represents a “ claim” either for the prosecution or for the defense where issues (clashes of view) are present

There must be a formal offer

To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first be known

When is evidence relevant?

When it has a relation to the fact in issue as to induce belief in it’ s existence, or non-existence

What is meant by “probative value”?

It is the tendency of the evidence to establish the proposition that it is offered to prove.

Collateral Matters

not admissible except when it tends in any reasonable degree to establish probability or improbability of the fact in issue

Collateral Matters

matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue

Antecedent circumstances

facts existing before the commission of the crime [i.e. hatred, bad moral character of the offender, previous plan, conspiracy, etc.

Concomitant circumstances

facts existing during the commission of the crime [i.e.opportunity, presence of the accused at the scene of the crime, etc.]

Subsequent circumstances

facts existing after the commission of the crime [i.e. flig ht, extrajudicial admission to third party, attempt to conceal effects of the crime, possession of stolen property, etc.

Judicial Notice

It is based on necessity and expediency. This is so because what is known need not be proved.

Confession

an acknowledgement of guilt

Admission

an acknowledgment of facts.

Relevant evidence

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

Material evidence

evidence is material when it is directed to prove a fact in issue as determined by the rules of substantive law and pleadings

Competent evidence

not excluded by law

Direct evidence

proves the fact in issue without aid of inference or presumptions.

Circumstantial evidence

the proof of fact or facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be inferred as necessary or probable consequence.

Positive evidence

evidence which affirms a fact in issue.

Negative evidence

evidence which denies the existence of a fact in issue.

Rebutting evidence

given to repel, counter act or disprove facts given in evidence by the other party

Primary/Best evidence

that which the law regards as affording the greatest certainty.

Secondary evidence

that which indicates the existence of a more original source of information.

Expert evidence

the testimony of one possessing knowledge not usually acquired by other persons

Prima facie evidence

evidence which can stand alone to support a conviction unless rebutted.

Conclusive evidence

incontrovertible evidence

Cumulative evidence

additional evidence of the same kind bearing on the same point

Corroborative evidence

additional evidence of a different kind and character tending to prove the same point as that of previously offered evidence.

Character evidence

evidence of a person’ s moral standing or personality traits in a community based on reputation or opinion.

Demeanor evidence

the behavior of a witness on the witness stands during trial to be considered by the judge on the issue of credibility.

Demonstrative evidence

evidence that has tangible and exemplifying purpose.

Hearsay evidence

oral testimony or documentary evidence which does not derive its value solely from the credit to be attached to the witness himself

Testimonial evidence

oral averments given in open court by the witness.

Object/Auotoptic proferrence/Real evidence

those addressed to the senses of the court (sight, hearing, smell, touch, taste).

Documentary evidence

those consisting of writing or any material of written expression offered as proof of its contents. containing letters, words, numbers, figures, symbols or other modes

May a “fake” document be considered as “original” or “authentic” ?

Yes. A forged or spurious document when presented in court for examination is considered as the original fake/forged document. Thus, a mere photocopy of the allegedly forged or spurious document is only secondary to the original questioned document.

Adverse party

must have reasonable notice to produce it. After such notice and satisfactory proof of its existence, he fails to produce it, secondary evidence may be presented

Public officer

contents may be proved by certified copy issued by the public officer in custody thereof

Res Inter Alios Acta

The rights of a party cannot be prejudiced by an act, declaration, or omission of another

Conclusive presumptions

based on rules of substantive law which cannot be overcome by evidence to the contrary

Disputable presumptions

based on procedural rules and may be overcome by evidence to the contrary

Estoppel by record or judgment

the preclusion to deny the truth of matters set forth in a record, whether judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction

Estoppel by deed

a bar which precludes a party to a deed and his privies from asserting as against the other and his privies any right or title in derogation of the deed or denying the truth of any material fact asserted in it

Admissible Evidence

Evidence that is both relevant and competent.

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

When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.

Child Witness

Any person who at the time of giving testimony is less than 18 years old.

Competence

Evidence is not excluded by law or Rules of Court

Conclusive Evidence

That class of evidence which the law does not allow to be contradicted.

Confession

A categorical acknowledgment of guilt made by an accused in a criminal case without a exculpatory statement or explanation

Corroborative Evidence

Additional evidence of a different character to the same point.

Cumulative Evidence

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

Electronic Data Message

Information generated, sent, received or stored by electronic, optical or similar means.

Electronic Document

Information or the representation of information/data/figures/symbols or other modes of written expression described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received/recorded/transmitted/stored/processed/retrieved/produced electronically.

Electronic Signature

Any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology/procedure employed/adopted by a person and executed/adopted by such person with the intention of authenticating, signing or approving an electronic data message or electronic document

Ephemeral Electronic Communication

refers to telephone conversations, text messages, chatroom sessions, streaming audio, streaming video and other electronic forms of communication the evidence of which is not recorded/retained.

Extra Judicial Admission

Any admission other than judicial.

Parol Evidence Rule

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.

Pedigree

Relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, and the names of the relatives.

Preponderance of Evidence

The evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other.

Admission of Party

The act, declaration or omission of a party as to a relevant fact may be given in evidence against him.

Admission by the Third Party

The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as here in after provided.

Admission by conspirator

The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration.

Admission by the privies

Where one derives title to property from another, the act, declaration, or omission of the latter, while holding the title, in relation to the property, is evidence against the former.