PRELIM

Question 1

DEFINITION OF EVIDENCE

Answer 1

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

Question 2

SCOPE OF EVIDENCE

Answer 2

shall be the same in all courts and in all trials and hearings, except as otherwise provided by law orthese Rules.

Question 3

KINDS OF EVIDENCE

Answer 3

1. OBJECT/REAL EVIDENCE
2. DOCUMENTARY EVIDENCE
3. TESTIMONIAL EVIDENCE

Question 4

OBJECT/REAL EVIDENCE

Answer 4

Objects as evidence are those addressed to the senses of the
court. When an object is relevant to the fact in issue, it may
be exhibited to, examined or viewed by the court.

Question 5

DOCUMENTARY EVIDENCE

Answer 5

Documents as evidence consist of writings, recordings,
photographs or any material containing letters, words, sounds,
numbers, figures, symbols, or their equivalent, or other modes of
written expression offered as proof of their contents.

Question 6

TESTIMONIAL EVIDENCE

Answer 6

Testimony confined to personal knowledge.

A witness can testify only to those facts which he or she knows of his or her personal knowledge; that is, which are derived from his or her own perception.

Question 7

TESTIMONIAL EVIDENCE- DISQUALIFICATIONS

Answer 7

1. Disqualification by reason of marriage (marital disqualification rule) - Rule 130, Sec. 23
2. Disqualification by reason of privileged communication (privileged communication rule) - Rule 130, Sec. 24

Question 8

KINDS : Disqualification by reason of privileged communication

Answer 8

a. Marital privilege;
b. Attorney-client privilege;
c. Physician-patient privilege;
d. Minister-penitent privilege; or
e. Public officer as regards communications made in official
confidence.

Question 9

Direct evidence

Answer 9

evidence which proves a challenged fact without drawing any inference

Question 10

Circumstantial/Indirect evidence

Answer 10

indirectly proves a fact in issue, such that the factfinder must draw an
inference or reason from circumstantial evidence

Question 11

Prima Facie Evidence

Answer 11

evidence which, by itself, is sufficient to prove the fact, but may be
rebutted by contrary evidence

Question 12

Conclusive Evidence

Answer 12

one which may not be rebutted or contradicted, since it established the fact
itself

Question 13

Corroborative evidence

Answer 13

additional evidence of a different character to the same point

Question 14

Cumulative evidence

Answer 14

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

Question 15

Positive evidence

Answer 15

evidence is positive when the witness affirms that a fact did occur

Question 16

Negative Evidence

Answer 16

evidence is negative when the witness states that he did not see or know of
the occurence of a fact

Question 17

Admissible Evidence

Answer 17

evidence that is relevant and competent

Question 18

Material Evidence

Answer 18

one that is directed to prove a fact in issue as determined by the rules on
substantive law and pleadings

Question 19

EVIDENCE IN CIVIL CASES

Answer 19

PREPONDERANCE OF EVIDENCE

Question 20

EVIDENCE IN CRIMINAL CASES

Answer 20

PROOF BEYOND REASONABLE DOUBT

Question 21

OFFER OF COMPROMISE: EVIDENCE IN CIVIL CASES

Answer 21

NOT AN ADMISSION OF ANY LIABILITY

Question 22

OFFER OF COMPROMISE: EVIDENCE IN CRIMINAL CASES

Answer 22

FROM THE ACCUSED – MAY
BE RECEIVED AS IMPLIED
ADMISSION OF GUILT

Question 23

PRESUMPTION OF INNOCENCE: CIVIL

Answer 23

NOT APPLICABLE

Question 24

PRESUMPTION OF INNOCENCE: CRIMINAL

Answer 24

ACCUSED IS PRESUMED TO BE INNOCENT

Question 25

PRESENCE OF CIRCUMSTANTIAL EVIDENCE: CRIMINAL

Answer 25

CRIM: APPLICABLE, BUT SUCH EVIDENCE MUST COMPLY: (a) There is more than one circumstances; (b) The facts from which the inferences are derived are proven; and (c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (5)

Question 26

PRESENCE OF CIRCUMSTANTIAL EVIDENCE: CIVIL

Answer 26

NOT APPLICABLE

Question 27

CONFESSION: CIVIL

Answer 27

NOT APPLICABLE

Question 28

CONFESSION: CRIMINAL

Answer 28

A DECLARATION OF AN ACCUSED ACKNOWLEDGING HIS GUILT OF THE OFFENSE CHARGED

Question 29

EVIDENCE OF MORAL CHARACTER: CIVIL

Answer 29

ADMISSIBLE AS LONG AS IT IS PERTINENT TO THE ISSUE OF CHARACTER INVOLVED IN THE CASE

Question 30

EVIDENCE OF MORAL CHARACTER: CRIMINAL

Answer 30

PROSECUTION IS NOT ALLOWED TO PROVE THE BAD MORAL CHARACTER OF THE ACCUSED, UNLESS ON REBUTTAL

Question 31

EVIDENCE OF MORAL CHARACTER: BOTH

Answer 31

Evidence of the good character of a witness is not admissible until such character has been impeached. In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross- examination, inquiry is allowable into relevant specific instances of conduct. In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof may also be made of specific instances of that person's conduct.

Question 32

Admissibility of evidence

Answer 32

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

Question 33

Relevancy; collateral matters.–

Answer 33

Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.

Question 34

What are the two kinds of Fact?

Answer 34

Ultimate fact and Evidentiary facts

Question 35

“Factum probandum”

Answer 35

fact in issue; ultimate fact or proposition sought to be established.

Question 36

“Factum probans"

Answer 36

the probative or evidentiary fact tending to prove the fact in issue; the material evidencing the proposition; the evidentiary fact by which the factum probandum is established.

Question 37

4 AXIOMS OR REQUISITES OF ADMISSIBILITY

Answer 37

a. Relevancy b. Competency c. Authenticity d.Offer

Question 38

Admissibility of Evidence

Answer 38

The admissibility of evidence depends on its relevance and competence. Admissibility of Evidence refers to the duty of the court to receive or allow evidence

Question 39

Probative Weight of Evidence

Answer 39

pertains to the evidence already admitted its tendency to convince or persuade.

Question 40

Credibility of Evidence

Answer 40

Credibility of Evidence refers to the worthiness of belief of the evidence. Premised on Judicial Evaluation

Question 41

Kinds of Admissibility

Answer 41

a. conditional b. multiple c. curative

Question 42

Conditional

Answer 42

When the evidence at the time it is offered appears to be immaterial or irrelevant, such evidence may be received on condition that the otherfacts will be proved thereafter. -IF not proved subsequently: Evidence given will be stricken out.

Question 43

Multiple

Answer 43

When the evidence is relevant AND competent for two or more purposes, such evidence should be admitted for any or all the purposes for which it is offered

Question 44

Curative

Answer 44

The right of the party to introduce incompetent evidence on his behalf where the court has admitted the same kind of evidence adduced by the adverse party.