General Concepts

Question 1

How is evidence classified according to its nature or form?

Answer 1

Evidence is classified according to its nature or form as follows: [DOT]

1.** DOCUMENTARY EVIDENCE** - Writings or any material offered as proof of their contents
2.OBJECT (OR REAL) EVIDENCE - Evidence which is directly addressed tot he court’s senses
3.TESTIMONIAL EVIDENCE - Consists of the statement of a witness offered to the court. Maybe ora/live or by judicial affidavit.

Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 661

Question 2

How is evidence classified according to the fact in issue as follows?

Answer 2

Evidence is classified according to its relation to the fact in issue as follows:
1. DIRECT EVIDENCE - That which proves the fact in issue without the aid of any inference or presumption
2. CIRCUMSTANTIAL EVIDENCE - That which proves the fact in issue by way of inference or presumption

Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 661-662

Question 3

Distinguish between CUMULATIVE from CORROBORATIVE EVIDENCE.

Answer 3

CUMULATIVE EVIDENCE is evidence of the same kind and to the same facts.

CORROBORATIVE EVIDENCE is additional evidence of a different character to the same point. It is define or taken to mean as additional evidence to the same point, whther of the same or sifferent kind.

Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 662

Question 4

Distinguish PRIMA FACIE EVIDENCE from CONCLUSIVE EVIDENCE.

Answer 4

PRIMA FACIE EVIDENCE is that which by itsel is sufficient to prove a fact whych may be rebutted by contratry evidence.

CONCLUSIVE EVIDENCE is one which may not be rebutted or contradicted.

Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 662

Question 5

Distinguish POSITIVE EVIDENCE from NEGATIVE EVIDENCE.

Answer 5

Evidence is POSITIVE when the witness affirms that a fact did or did not occur.

A NEGATIVE EVIDENCE is when the witness states that he did not see or know the occurence of a fact.

Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 662

Question 6

When is evidence ADMISSIBLE?

Answer 6

Evidence is admissible when it is relevant to the issue and not excluded by the Constitution, the law, or by the Rules of Court.

ADMISSIBILITY = RELEVANCY + COMPETENCY

[Sec. 3, Rule 128, Rules of Court]

Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 663