You are on page 1of 10

Kinds of Evidence

In ascertaining the truth in a judicial proceeding, evidence is generally classified

into 3 kinds:
1. Real Evidence it refers to the thing or corporate object which can be viewed
or inspected by the court.
2. Circumstantial Evidence it indirectly proves a fact in issue based on various
attendant circumstances.
3. Testimonial Evidence it refers to oral evidence or that which a witness testify
in court. It includes written evidence, such as documentary evidence, depositions
and affidavits.
Other classifications of evidence are:
Hearsay evidence;
Evidence aliunde;
Rebuttal evidence.
In the Hierarchy of evidentiary rules:
1. Proof beyond reasonable doubt is the highest, which is required for conviction
of an accused in a CRIMINAL case.It is the logical and inevitable result of the
evidence on record of the moral certainty of the guilt of the accused.
2. Clear and convincing evidence is often required to overcome a disputable
presumption of law, such as the presumption of virginity or the presumption of
negligence of common carriers.
3. Preponderance of evidence is the degree of evidence required in CIVIL cases.
4. Substantial Evidence is that which is required to reach a conclusion in
Different kinds of evidence:
1. Relevant evidence evidence having any value in reason as tending
to prove any matter provable in an action.
2. Material evidence evidence is material when it is directed to prove a
fact in issue as determined by the rules of substantive law and
3. Competent evidence not excluded by law.
4. Direct evidence proves the fact in issue without aid of inference
or presumptions.
5. 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.
6. Positive evidence evidence which affirms a fact in issue.
7. Negative evidence - evidence which denies the existence of a fact
in issue.
8. Rebutting evidence given to repel, counter act or disprove facts
given in evidence by the other party.
9. Primary/Best evidence that which the law regards as affording
the greatest certainty.
10. Secondary evidence that which indicates the existence of a
more original source of information.
11. Expert evidence the testimony of one possessing knowledge
not usually acquired by other persons.

12. Prima facie evidence evidence which can stand alone to support
a conviction unless rebutted.
13. Conclusive evidence incontrovertible evidence
14. Cumulative evidence additional evidence of the same kind bearing
on the same point.
15. Corroborative evidence additional evidence of a different kind
and character tending to prove the same point as that of previously
offered evidence.
16. Character evidence evidence of a persons moral standing or
personality traits in a community based on reputation or opinion.
17. Demeanor evidence the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence evidence that has tangible and
exemplifying purpose.
19. Hearsay evidence oral testimony or documentary evidence which
does not derive its value solely from the credit to be attached to the
witness himself.
20.Testimonial evidence oral averments given in open court by
the witness.
21. Object/Auotoptic proferrence/Real evidence those addressed to
the senses of the court (sight, hearing, smell, touch, taste).
22. 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
Best Evidence Rule:
When the subject of the inquiry is the contents of a document, no evidence shall be
admissible other than the original of the document.
For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.
A document is legally considered Original when:
1. It is the subject of an inquiry
2. When in two or more copies executed at or about the same time, with identical
3. When an entry is repeated in ordinary course of business, one being copied from
another at or near the time of the transaction.
Question: 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
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
The offeror without bad faith must:
1. prove its execution or existence, and


prove the cause of its unavailability.

Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.
When original document is in the custody of:
1. adverse party 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.
2. public officer contents may be proved by certified copy issued by the public
officer in custody thereof.
Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged
communications, or dead mans statute.
Res Inter Alios Acta Rule
General Rule: The rights of a party cannot be prejudiced by an act, declaration, or
omission of another.
1. admission
2. admission
3. admission
4. admission


a co-partner or agent
a conspirator

In the above cases, the admission of one person is admissible as evidence against
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his
personal knowledge; that is, which are derived from his own perception. Any
statement which derives its strength from anothers personal knowledge is hearsay,
and is therefore inadmissible.
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises


Testimony or deposition at a former proceeding

Examination of child victim/witness in cases of child abuse


Burden of proof the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of evidence required by
Presumption an inference as to the existence of a fact not actually known, arising
from its usual connection with another which is known or a conjecture based on past
experience as to what course human affairs ordinarily take.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] based on rules of substantive law
which cannot be overcome by evidence to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions]
based on procedural rules and may be overcome by evidence to the contrary.
Kinds of Conclusive Presumptions:
1. 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 (Salud v. CA, 233 SCRA 387).
2. 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 (Iriola v. Felices, 30
SCRA 202).
3. Estoppel in pais based upon express representation or statements or upon
positive acts or conduct. A party cannot, in the course of litigation or in dealings in
pais, be permitted to repudiate his representation or occupy inconsistent positions.
4. Estoppel against Tenant the tenant is not permitted to deny the title of his
landlord at the time of the commencement of the relation of landlord and tenant
between them.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised
Rules of Court.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open
court, and under oath or affirmation. Unless the witness is incapacitated to speak, or
the question calls for a different mode of answer, the answer of the witness shall be
given orally.

Evidence Reviewer
Definition Of Terms

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.

Related: Full Reference Material in Evidence

Best Evidence Rule - is that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.
Burden Of Evidence - logical necessity on a
party during a particular time of the trail to create a
prima facie case in his favor or to destroy that
created against him by presenting evidence.
Burden Of Proof/Risk of Non-Persuasion - the duty of a party to present
evidence on the facts in issue necessary to establish his claim or defense
by the amount of evidence required by law.
Character - the aggregate of the moral qualities which belong to and
distinguish an individual person.
Circumstantial Evidence - is the proof of a fact or facts from which
taken either singly or collectively, the existence or a particular
fact in dispute may be inferred as a necessary or probable consequence.
Common Reputation - is the definite opinion of the community in which
the fact to be proved is known or exists. It means the general or
substantially undivided reputation, as distinguished from a partial or
qualified one, although it need not be unanimous.
Competency Of A Witness - is the legal fitness or ability of a witness
to be heard on the trial of a cause.
Competent Evidence - one that is not excluded by this Rules, a statute
or the Constitution.
Compromise - is an agreement made between two or more parties as a
settlement matters in dispute.
Conclusive Evidence - the class of evidence which the law does not allow
to be contradicted.
Confession - categorical acknowledgement of guilt made by an accused
in a criminal case, without any exculpatory statement or explanation.
If the accused admits having committed the act in question but alleges
a justification therefore, the same is merely an admission.
Judicial Confession - one made before a court in which the case
is pending and in the course of legal proceedings therein and,
by itself, can sustain a conviction even in capital offenses.
Extra Judicial Confession - one made in any other place or

occasion and cannot sustain a conviction unless corroborated by

evidence of the corpus delicti. This section refers to extrajudicial
Corroborative Evidence - is additional evidence of a difference character
to the same point.
Cumulative Evidence - evidence of the same kind and to the same state
of facts.
Demonstrative Evidence - is a tangible evidence that merely illustrates
a matter of importance in the litigation such as maps, diagrams,
models, summaries and other materials created especially for litigation.
Direct Evidence - that which proves the fact in dispute without the
aid of any inference or presumption.
Doctine Of Processual Presumption - absent any of the evidence or admission,
the foreign law is presumed to be the same as that in the Philippines.
Document - any substance having any matter expressed or described upon
it by marks capable of being read.
- is a deed, instrument or other duly authorized appear by
which something is proved, evidenced or set forth.
Documentary Evidence - evidence supplied by written instruments or derived
from conventional symbols, such as letters, by which ideas are represented
on material substances.
Dying Declaration - The ante mortem statements made by a person after
the mortal wound has been inflicted under the belief that the death is
certain, stating the fact concerning the cause of and the circumstances
surrounding the attack.
Equipose Rule - Where the evidence gives rise to two probabilities,
one consistent with defendants innocence, and another indicative of
his guilt, that which is favorable to the accused should be considered.
Estoppel By Deed the tenant is not permitted to deny title of his
landlord at the time of the commencement of the land-lord tenant
relationship. If the title asserted is one that is alleged to have been
acquired subsequent to the commencement of that relation, the presumption
will not apply.
Estoppel In Pais - whenever a party has, by his own declaration, act,
or omission, intentionally and deliberately lead another to believe a
particular thing to be true and act upon such belief, he cannot, in
any litigation arising out of such declaration, act or omission, be
permitted to falsify it.

Expert Witness - one who belongs to the profession or calling to which

the subject matter of the inquiry relates to and who possesses special
knowledge on questions on which he proposes to express an opinion.
Express Admissions - are those made in definite, certain and unequivocal
Extra Judicial Admissions - are those made out of court, or in a judicial
proceeding other than the one under consideration.
Fact - thing done or existing.
Facts In Issue - are those facts which the plaintiff must prove in order
to establish his claim and those facts which the defendant must prove
in order to establish a defense set up by him, but only when the fact
alleged by the one party is not admitted by the other party.
Facts Relevant To The Issue - are those facts which render the probable
existence or non-existence of a fact in issue, or some other relevant
Factum Probandum - the ultimate fact or the fact sought to be established.
- Refers to proposition
Factum Probans - is the evidentiary fact or the fact by which the factum
probandum is to be established. Materials which establish the proposition.
Hearsay Rule - Any evidence, whether oral or documentary is hearsay if
its probative value is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the witness
Impeaching Evidence - a proper foundation must be laid for the impeaching
questions, by calling attention of such party to his former statement
so as to give him an opportunity to explain before such admissions are
offered in evidence.
Implied Admissions - are those which may be inferred from the acts,
declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.
Independent Evidence - admissions are original evidence and no foundation
is necessary for their introduction in evidence
Intermediate Ambiguity - situation where an ambiguity partakes of the
nature of both patent and latent. In this, the words are seemingly
clear and with a settled meaning, is actually equivocal and admits of
two interpretations. Here, parol evidence is admissible to clarify

the ambiguity provided that the matter is put in issue by the pleader.
Example: Dollars, tons and ounces.
Issue - is the point or points in question, at the conclusion of the
pleadings which one side affirms, and the other side denies.
Judicial Admissions - are those so made in the pleadings filed or in
the progress of a trial.
- It is one made in connection with a judicial
proceeding in which it is offered, while an extrajudicial admission
is any other admission.
Judicial Notice - no more than that the court will bring to its aid
and consider, without proof of the facts, its knowledge of those
matters of public concern which are known by all well-informed
- cognizance of certain facts which judges may take
and act on without proof because they are already known to them.
Material Evidence - evidence directed to prove a fact in issue as
determined by the rules of substantive law and pleadings. The test is
whether the fact it intends to prove is an issue or not. AS to whether
a fact is in issue or not is in turn determined by the substantive law,
the pleadings, the pre-trial order and by the admissions or confessions
on file. Consequently, evidence may be relevant but may be immaterial
in the case.
Negative Evidence - when the witness did not see or know of the occurrence
of a fact. There is a total disclaimer of persona knowledge, hence without
any representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to exclude
the existence of fact sworn to by the other side.
Object Evidence - is a tangible object that played some actual role on
the matter that gave rise to the litigation. For instance, a knife.
Objective or Real 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.
This is referred to as autoptic preference.
Omnia praesumuntur rite et solemniter esse acta donec probetur in
contrarium all things are presumed to have been done regularly and
with due formality until the contrary is proved.
Opinion - an inference or conclusion drawn from facts observed.

Ordinary Opinion Evidence - that which is given by a witness who is

of ordinary capacity and who has by opportunity acquired a particular
knowledge which is outside the limits of common observation and which
may be of value in elucidating a matter under consideration.
Parol Evidence - 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.
Patent or Extrinsic Ambiguity - is such ambiguity which is apparent on
the face of the writing itself and requires something to be added in
order to ascertain the meaning of the words used. In this case, parol
evidence is not admissible, otherwise the court would be creating a
contract between the parties.
Pedigree - includes relationship, family genealogy, birth, marriage,
death, the dates when, and the placer where these facts occurred and
the names of their relatives. It embraces also facts of family history
intimately connected with pedigree.
Positive Evidence - 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.
Presumption - An inference as to the existence or non-existence of a
fact which courts are permitted to draw from the proof of other facts.
Presumption Juris Or Of Law is a deduction which the law
expressly directs to be made from particular facts.
Presumption Hominis Or Of Fact is a deduction which reason
draws from facts proved without an express direction from the
law to that effect.
Prima Facie Evidence - that which is standing alone, unexplained or
uncontradicted, is sufficient to maintain the proposition affirmed.
Primary Evidence - that which the law regards as affording the greatest
certainty of the fact in question. Also referred to as the best evidence.
Privies - those who have mutual or successive relationship to the
same right of property or subject matter, such as personal
representatives, heirs, devisees, legatees, assigns, voluntary grantee
or judgment creditors or purchasers from them without notices to the fact.
Privity - mutual succession of relationship to the same rights of property.
Proof - the result or effect of evidence. When the requisite quantum

of evidence of a particular fact has been duly admitted and given weight,
the result is called the proof of such fact.
Relevant Evidence - evidence having any value in reason as tending to
prove any matter provable in an action. The test is the logical relation
of the evidentiary fact to the fact in issue, whether the former tends
to establish the probability or improbability of the latter.
Res Gestae - literally means things done; it includes circumstances,
facts, and declarations incidental to the main facts or transaction
necessary to illustrate its character and also includes acts, words,
or declarations which are closely connected therewith as to constitute
part of the transaction.
Rule Of Exclusion - that which is secondary evidence cannot inceptively
be introduced as the original writing itself must be produced in court,
except in the four instances mentioned in Section 3.
Secondary Evidence - that which is inferior to the primary evidence and
is permitted by law only when the best evidence is not available.
Known as the substitutionary evidence.
- shows that better or primary evidence exists as to
the proof of fact in question. It is deemed less reliable.
Self Serving Declaration - is one which has been made extrajudicially
by the party to favor his interests. It is not admissible in evidence.
Testimonial Evidence - is that which is submitted to the court through
the testimony or deposition of a witness.
Unsound Mind - any mental aberration, whether organic or functional, or
induced by drugs or hypnosis.
Witness - reference to a person who testifies in a case or gives evidence
before a judicial tribunal.