DEFINITION OF TERMS ON

EVIDENCE (CJURJE4)

1. Admission – Is a voluntary acknowledgment in express terms or by implication, by a party interest or

by another by whose statement he is legally bound, against his interest, of the existence or truth of a
fact in dispute material to issue. (Section 26, Rule 130.)

2. Admission by Silence – Exists when an act or declaration made in the presence and within the
hearing or observation of a party who does or says nothing when the act or declaration is such as
naturally to call for action or comment if not true, and when proper and possible for him to do so, may
be given in evidence against him. (Section 32, Rule 130.) Cuison vs. Court of Appeals, G.R. No.,
88539, October 26, 1993

3. Affirmation – is a solemn and formal declaration or assertion that the witness will tell the truth, etc.,
this being substitute for an oath in certain cases.

4. Alford Guilty Plea – a guilty plea that permits the accused to remain innocent.

5. Ancient Documents – An ancient document, under the Rules on Evidence, refers to a private
document which is more than thirty (30) years old, produced from a custody in which it would naturally
be found if genuine, and is unblemished by alterations or circumstances of suspicion. (Claverias vs.
Quingco, G.R. No., 77744, March 6,1992.]

6. Ancient Documents Rule – is that a document which appears to be of the age at least thirty years of
age and is produced from a custody in which it would naturally be found if genuine, and which is
unblemished by alterations and is otherwise free from suspicion is admissible in evidence without
direct proof of its execution on the theory that, under such circumstances, the instrument process itself.
(Section 21, Rule 132.)

7. Argument – The art of piecing together that is the invocation by counsel of the Rule of Logic and
Rhetoric in the combination of assumed facts so as to reach ultimately the conclusion about the truth of
a certain proposition is called ARGUMENTATION.

8. Assertive Statements – statement by which a person intends to communicate a thought or belief.

9. Asymmetric or public cryptosystem – Means system capable of generating a security key pair,
consisting of a private key for creating a digital signature, and a public key for verifying the digital
signature.

10. Best Evidence Rule – Rule which requires the highest grade of evidence obtainable to prove a
disputed fact. It a rule which requires that, as a general rule, when the subject of inquiry is the
contents of a document, no evidence shall be admissible other than the original document itself
unless it falls under some exceptional circumstances. (Section 3, Rule 130) (cited in People vs.
Bago y Madrid et al., G.R. No., 122290, April 6, 2000.)

11. Body Fluids – blood, urine, saliva, semen and the like.

12. Brady Rule – rule requiring the prosecution to disclose upon request evidence favorable to the
accused.

13. 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

14. 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.

15. Burden of proof (Onus Probandi) - Is 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. ( See Sec. 1,
Rule 131 )

16. Business Record – include records of any business, institution, association, profession, occupation,
and calling of every kind, whether or not conducted for profit, or for legitimate or illegitimate
purposes.

17. Canine Searches – searches by reliable trained dogs.

18. Certificate – Means an electronic document issued to support a digital signature which purports to
confirm the identity or other significant characteristics of the person who holds a particular key pair.
19. Character – is defined to be the possession by a person of certain qualities of mind or morals,
distinguishing him from others. (see Section 51, Rule 130.)

20. Circumstantial evidence – Is the proof of facts from which, taken collectively, the existence of the
particular fact in dispute may be inferred as a necessary or probable consequence. (Must be read in
relation to Rule 133, Section 4.)

21. Collateral matters – Those that are outside the controversy, or are not directly connected with the
principal matter or issue in dispute, as indicated in the pleadings of the parties. (see Sec. 4, Rule 128.)

22. 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.

23. Competency of witness – is meant the legal fitness or ability of a witness to be heard on the trial of a
cause.

24. Competent Evidence - Evidence “competent” when it is not excluded by law in a particular case.
(Rule 128, Section 3)

25. Compromise – Is an agreement made between two or more parties as a settlement of matters in
dispute.

26. Computer – refers to any single or interconnected device or apparatus, which, by electronic, electro-
mechanical or magnetic impulse, or by other means with the same function, can receive, record,
transmit, store, process, correlate, analyze, project, retrieve and/or produce information

27. Conclusive Evidence - the class of evidence which the law does not allow to be contradicted.

28. 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.

29. Conclusive Presumption – Are inference which the law makes so peremptory that it will not allow
them to be overturned by any contrary proof however strong.

30. Conspiracy – Article 8 of the Revised Penal Code – A conspiracy exists when two or more persons
come to an agreement concerning the commission of a felony and decide to commit it. (See Sec. 30,
Rule 130.)

31. Corpus delicti – Means the body or substance of the crime, and may be defined in its primary sense
as the fact that a crime actually has been committed..

32. Corroborative Evidence - is additional evidence of a difference character to the same point.

33. Credibility of witness – Is meant their disposition and intention to tell the truth in the testimony they
have given. It refers to the integrity of a witness, and to the fact that he is worthy of belief

34. Cross-examination – The examination of a witness by the party opposed to the party who called such
witness, the latter party having examined, or having been entitled to examine, such witness in chief.
(Section 6, Rule 132)

35. Cumulative Evidence - evidence of the same kind and to the same state of facts.

36. Dead Man’s Statute Rule (Survivorship Rule) – Parties or assignors of parties to a case, or persons
in whose behalf a case is prosecuted, against an executor or administrator or other representative of a
deceased person, or against a person of unsound mind, upon a claim or demand against the estate of
such deceased person or against such person of unsound mind, cannot testify as to any matter of
fact accruing before the death of such deceased person or before such person became of unsound
mind. (Section 23, Rule 130) Razon vs. Intermediate Appellate Court, G.R. No., 74306, March l6,1992.

37. Declarant – the one who gave the statement in Hearsay Rule.
.
38. 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.

39. Digital Signature – refers to an electronic signature consisting of a transformation of an electronic

document or an electronic data message using an asymmetric or public cryptosystem such that a
person having the initial untransformed electronic document and the signer’s public key can accurately
determine,
40. Digitally signed – refers to an electronic document or electronic data message bearing a digital
signature verified by the public key listed in a certificate.

41. Direct Evidence - that which proves the fact in dispute without the aid of any inference or
presumption.

42. Direct Examination – Is meant, the examination in chief of a witness that is, the initial examination by
the party calling him. (Section 5, Rule 132.)

43. Disputable presumption (Rebuttable presumption) – are species of evidence that may be accepted
and acted on when there is no other evidence to uphold the contention for which it stands; one which
may be overcome by other evidence.

44. Doctrine of Processual Presumption – A doctrine which provides that, as a general rule, a foreign
law must be alleged and proved just like any disputed facts. Thus, if a foreign law is not proven, then in
the absence of evidence to the contrary, it is presumed to be the same as our law.

45. Doctrine of the Fruit of the Poisonous Tree – (Also known as “but for” or taint doctrine. It posits that
all evidence (the fruit) derived from an illegal search (the poisonous tree) must be suppressed, whether
it was obtained directly through the illegal search itself, or indirectly using information obtained in the
illegal search.(Bagalihog vs. Fernandez, G.R. No., 96356, June 27, 1991).

46. Document - A document has been defined as “any substance having any matter expressed or
described upon it by marks capable of being read. Documents are either public or private, for the
purpose of their presentation in evidence. (Should be read in relation to the Rules on Electronic
Evidence.)

47. Documentary Evidence – Document as evidence consists of writings or any material containing
letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of
their contents. (Section 2, Rule 130.)

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

49. Dying Declaration – is a statement made by the victim of homicide, referring to the material facts
which concern the cause and circumstances of the killing and which is uttered under a fixed belief that
death is impending and is certain to follow immediately, or in a very short time, without an opportunity
of retraction and in the absence of all hopes of recovery. (Section 37, Rule 130.)

50. Electronic data message – refers to information generated, sent, received or stored by electronic,
optical or similar means.

51. Electronic document – refers for 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 or produced electronically For purposes
of these Rules, the term “electronic document” may be used interchangeably with “electronic data
message.”

52. Electronic Key – refers to a secret mode which secures and defends sensitive information that
crosses over public channels into a form decipherable only with a matching electronic key.

53. Electronic signature – refers to 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 date
message or electronic document or any methodology or procedure employed or adopted by a person
and executed or adopted by such person with the intention of authenticating, signing or approving an
electronic data message or electronic document. For purposes of these Rules, an electronic signature
includes digital signatures.

54. Electronic Surveillance – seizure of conversations by electronic transmitting devices.

55. 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 or retained.

56. Equipoise Doctrine - If the inculpatory facts and circumstances are capable of two or more
explanations, one of which is consistent with the innocence of the accused and the other consistent
with his guilt, then the evidence does not fulfill the test of moral certainty and is not sufficient to support
a conviction". Furthermore, "the equipoise rule provides that where the evidence in a criminal case
evenly balanced, the constitutional presumption of innocence should tilt the scales in favor of the
accused." (People vs. Lagmay, et al, G.R. No., 125310, April 21, 1999.)
57. Equipose Rule - Where the evidence gives rise to two probabilities, one consistent with defendant’s
innocence, and another indicative of his guilt, that which is favorable to the accused should be
considered.

58. Estoppel – is a bar which precludes a person from denying or asserting anything to the contrary of
that which has, in contemplation of law, been established as the truth, either by the acts of judicial or
legislative officers or by his own deed of representations, either express or implied.

59. Estoppel by deed - is a bar which preclude a party to a deed and his privies from asserting as against
the other and in privies any right or title in derogation of file deed or from denying the any material fact
asserted (31 C.J.S. 195: 19 Am. Jur. 603) (Ramnani, et al. vs. Court of Appeals, et al., G.R. No.,
85494, May 7, 1991.)

60. 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.

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

62. 'Estoppel by silence' - Arises where a person, who by force of circumstances is under a duty to
another to speak, refrains from doing so and thereby leads the other to believe in the existence of a
state of facts in reliance on which he acts to his prejudice. Silence may support an estoppel whether
the failure to speak is intentional or negligent.

63. Estoppel in pais – Arises when one, by his acts, representations or admissions, or by his own silence
when he ought to speak out, intentionally or through culpable negligence, induces another to believe
certain facts to exist and such other rightfully relies and acts on such belief, so that he will be
prejudiced if the former is permitted to deny the existence of such facts.

64. Evidence – is the means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the
truth respecting a matter of fact. (Section 1, Rule 128) The means by which any alleged matter of fact,
the truth of which is submitted to investigation, is established or disproved.

65. Excited Utterance – spontaneous statement

66. Exclusionary Rules – Commonly used for evidence excluded by the Constitution. A judicially created
remedy which provides that evidence obtained in violation of the accused constitutional rights must be
suppressed from the government’s case in chief.

67. Expert – has been defined to be one possessing, in regard to a particular subject or department of
human activity, knowledge not usually acquired by other persons. (United States vs. Gil., G.R. No.,
4704, April 26, 1909.)

68. Expert Evidence - is the testimony of persons who are particularly skilled, or experienced in a
particular art, science, trade, business, profession, or vocation, a thorough knowledge of which is not
possessed by man in general, in regard to matters connected therewith. (Section 49, Rule 130.)

69. 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.

70. Express Admissions - are those made in definite, certain and unequivocal language.

71. Extra-Judicial Admission – Are admissions, made out of court, or in a judicial proceeding other than
the one under consideration.

72. Factum Probandum – The proposition to be established. Hypothetical (Is if that which one party
affirms and the other denies, the tribunal, being as yet not committed in either direction.)

73. Factum Probans – The material evidencing the proposition. Conceived as existence and is offered as
such for the consideration of the tribunal.

74. Gruesome Photographs – photographs that are shocking and repulsive.

75. Hearsay Evidence – Evidence is called hearsay when its probative force depends in whole or in part,
on the competency and credibility of some persons other than the witness by whom it is sought to
produce it. (Section 36, Rule 130.)

76. Hostile witness - is one who manifests so much hostility or prejudice under examination-in-chief that
the party who has called him, or his representative, is allowed to cross-examine him, that is to treat him
as though he had been called by the opposite party. (Section 12, Rule 132)
77. Hypothetical Question – states a group of facts and asks an expert witness to draw conclusions on
the facts given.

78. Identifying Features – how a person looks like, distinctive things used for identitfication.

79. Impeachment – is an allegation, supported by proof, that a witness who has been examined is
unworthy of credit.

80. Impeachment of a witness – Means to call into question the veracity of the witness by means of
evidence offered for that purpose, or by showing that the witness is unworthy of belief.

81. Information and Communication System – refers to a system for generating, sending, receiving,
storing or otherwise processing electronic data messages or electronic documents and includes the
computer system or other similar devices by or in which data are recorded or stored and any
procedure related to the recording or storage of electronic data messages or electronic documents.

82. Issue - is the point or points in question, at the conclusion of the pleadings which one side affirms, and
the other side denies

83. Jail Searches – searching an inmate or any place in the jail for some administrative reasons.

84. 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.

85. 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
persons.Cognizance of certain facts which judges may take and act on without proof because they are
already known to them.\

86. Key pair – in an asymmetric cryptosystem refers to the private key and its mathematically related
public key such that the latter can verify the digital signature that the former creates.

87. Laches (or estoppel by laches) - is unreasonable delay in the bringing of a cause of action before the
courts of justice. As defined by this Court, "laches is failure or neglect for an unreasonable and
unexplained length of time, to do that which by exercising due diligence, could or should have been
done earlier, it is negligence or omission to assert a right within a reasonable time, warranting a
presumption that the party entitled thereto either has abandoned it or declined to assert it. (Seno vs.
Mangubat, G.R. No., L-44339, December 2, 1987.)

88. Latent Prints – fingerprints recovered at the crime scene

89. Lay Witness – person who observed an event relevant to the case on trial.

90. Leading Question – A question which suggests to the witness the answer which the examining party
desires. (Section 10 (a), Rule 132.)

91. Locus point – a point in the sequence of base pairs in human DNA where individual DNA chains vary.

92. Marital Disqualification Rule – a rule which forbids husband and wife, during their marriage, from
testifying for or against the other without the consent of the affected spouses except in some
circumstances. (Section 22, Rule 130.)

93. Massiah Limitation – holding that a person has been charged of a crime, law officers cannot question
the person without the person’s attorney.

94. 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

95. Matter of Law – decisions of judges made upon legal issues.

96. Misleading Question – A question which assumes the truth of facts which are in issue or assumes
material facts which have not bee proved, or certain answers to have been given to prior questions,
when such answers have not been given. It not allowed. (Section 10, Rule 132.)

97. Motion – is an application made to a court or judge for the purpose of obtaining a ruling or order
directing some act to be done in favor of the applicant.
98. Negative evidence – Evidence is negative when the witness states that he did not see or know the
occurrence of a fact.

99. 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.

100. Oath - is an appeal by a person to God to witness the truth of what he declares, and an
impreciation of Divine punishment or vengeance upon him if what he says is false.

101. Object (Real) evidence – Is that which is addressed to the senses of the tribunal, as where
the objects are presented for the inspection of the court. (Section 1, Rule 130)

102. Object Evidence - is a tangible object that played some actual role on the matter that gave
rise to the litigation. For instance, a knife.

103. 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 autistic preference.

104. 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.

105. Open Court – is a court formally opened and engaged in the transaction of judicial affairs, to
which all persons who conduct themselves in an orderly manner are admitted.

106. Opinion – Is an inference or conclusion drawn from facts observed.

107. Opinion Evidence – Is that statement by the witness of an inference as to the existence or
non-existence of a fact in issue, based upon other facts presented directly to the senses of the witness.
(Section 48, Rule 130.)

108. Ordeals – medieval method of proof that was an appeal to God to determine guilt or
innocence.

109. 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.

110. Original of a Document – is the document whose contents are to be proved. (Section 4, Rule
130.)

111. Parental and Filial Privilege Rule – no person shall be compelled to testify against his
parents, ascendants, children or other direct descendants.

112. Parol Evidence Rule – Is a rule which forbids any addition to or contradiction of the terms of a
written instrument by testimony purporting to show that, at or, before the signing, of the document,
other or different terms were orally agreed upon by the parties. When the terms of an agreement have
been reduced to writing, it is to be considered as containing all such terms, and, therefore, there can
be between the parties and their successors-in-interest, no evidence of terms of the agreement other
than the contents of the writing, except in certain cases. (Section 9, Rule 130)

113. Parol Evidence - any evidence aliened, whether oral or written, which is intended or tends to
vary or contradict a complete and enforceable agreement embodied in a document.

114. Past Recollection recorded – A witness may testify from such memorandum or writing,
though he retains no recollection of the particular facts, it he is able to swear that the writing correctly
stated the transaction when made. The record is the evidence and not the testimony of the witness.
(See Section 16, Rule 132)
115. 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, parole evidence is not admissible, otherwise the court would be creating a contract between the
parties.

116. 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.
117. Peremptory Challenges – used to remove prospective jurors from the jury on the basis of the
prosecutor or defense attorney’s subjective opinions.

118. Permissible Inferences – inferences made from proof of facts that fact finder may, but need
not, draw.

119. Physician-Patient Privilege – patient has the right to prevent his physician from testifying
regarding confidential communications made while the patient is seeking treatment.

120. Photographic Line Up – showing the victim or eyewitness of pictures of potential suspect for
identification.

121. Plain Feel – officer nay seize and item if he can tell by the distinctive feel of the object that it is
contraband.

122. Police Informant Privilege – police may not disclose the identity of their confidential informant
unless the identity of the informant is crucial to the investigation.

123. Polling the Jury – process of asking each juror if he/she agrees to the verdict that was read.

124. Posed picture – photograph that was made to illustrate a fact in the case.

125. 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.

126. Preponderance of evidence - is meant simply evidence which is of greater weight, or more
convincing than that which is offered in opposition to it (32 C.J.S., 1051), The term 'preponderance of
evidence' means the weight, credit and value of the aggregate evidence on either side and is usually
considered to be synonymous with the greater weight of evidence' or 'greater weight, of the credible
evidence.' Preponderance of the evidence is a phrase which, in the last analysis, means probability of
the truth. Preponderance of the evidence means evidence which is more convincing to the court as
worthy of belief than that which is offered in opposition thereto. x x x." (20 Am. Jur., 1100-1101) (See
Section 1, Rule 133)

127. Present recollection revived – Referral to a memorandum of a witness for the purpose of
refreshing his memory respecting a fact provided that the memorandum has been written by him or
under his direction and that is was written when the fact occurred, or immediately thereafter, or at any
other time when the facts was fresh in his memory and he knew that the same was correctly stated.
(See Section 16, Rule 132.)

128. Presumption – is an inference of the existence or nonexistence of some facts which courts
are required or permitted to draw from the proof of other facts, an inference which common sense,
enlightened by human knowledge and experience, draws from the connection, relation, and
coincidence of facts and circumstances with each other.

129. Presumption Hominis Or Of Fact – is a deduction which reason draws from facts proved
without an express direction from the law to that effect.

130. Presumption Juris Or Of Law – is a deduction which the law expressly directs to be made
from particular facts.

131. Presumption of fact – is that mental process by which the existence of one fact is inferred
from proof of some other fact or facts with which experience shows it is usually associated by
succession or coexistence.

132. Presumption of Law – is an inference which, in the absence of direct evidence on the subject,
the law requires to be drawn from the existence of certain established facts.

133. 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.

134. Prima Facie Case – Is one which is supported by sufficient evidence and will support a finding
in the absence of evidence to controvert it.

135. Prima facie evidence – is that which suffices for the proof of a particular fact, until
contradicted and overcome by other evidence. (Rule 131, Section 3.)

136. Prima Facie Evidence - that which is standing alone, unexplained or uncontradicted, is
sufficient to maintain the proposition affirmed.

137. Primary evidence – is that which affords the greatest certainty of the fact in question.
138. Primary Evidence - that which the law regards as affording the greatest certainty of the fact in
question. Also referred to as the best evidence.

139. Private Document – Every deed or instrument executed by a private person, without the
intervention of a notary public or other person legally authorized; by which document some disposition
or agreement is proved, evidenced or set forth.

140. Private Key – refers to the key of a key pair used to create a digital signature.

141. Privies – Are 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
grantees or judgment creditors or purchasers from them with notice of the facts. (Section 31, Rule
130.)

142. Privilege Communication Rule – The rule on privileged communication is that a

communication made in good faith on any subject matter in which the communicator has an interest, or
concerning which he has a duty, is privileged if made to a person having a corresponding interest or
duty, although it contains incriminatory matter which, without the privilege, would be libelous and
actionable. Ledesma vs. CA, G.R. No., 113216, September 5, 1997.

143. Privity - mutual succession of relationship to the same rights of property.

144. Probative force – an item of evidence that tends to prove a fact that is in issue in the case.

145. Probative Value – if a fact tends to prove or disprove the existence or non-existence of
something that is at issue in the case

146. Promissory Estoppel - According to that doctrine, an estoppel may arise from the making of a
promise, even though without consideration, if it was intended that the promise should be relied upon
and in fact it was relied upon, and if a refusal to enforce it would be virtually to sanction the
perpetration of fraud or would result in other injustice. In this respect, the reliance by the promisee is
generally evidenced by action or forbearance on his part, and the idea has been expressed that such
action or forbearance would reasonably have been expected by the promisor. Mere omission by the
promisee; to do whatever the promisor promised to do has been held insufficient "forbearance" to give
rise to a promissory estoppel. (Ramos, et al. vs. Central Bank of the Phil., G.R. No., L-29352, October
4,1971.)

147. Proof – if the effect or result of evidence. (While evidence is the medium of Proof.)

148. Proof beyond reasonable doubt - While this does not connote absolute certainty, it means
that degree of proof which, after an investigation of the whole record, produces moral certainty in an
unprejudiced mind of accused-appellant's culpability. It signifies such proof that convinces and
satisfies the reason and conscience of those who are to act upon it that accused-appellant is guilty of
the crime charged. (People vs. Mariano, G.R. No., 134309, November 17, 2000.) (See Section 2, Rule
133)

149. 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.

150. Protective Search – a search limited to discovering threatening weapons.

151. Provisional Remedy - It is one provided for present need or one that is
adopted to meet a particular exigency.

152. Reduced Bail - A person in custody for a period to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or
any modifying circumstance, shall be released on a reduced bail or on his own recognizance at the
discretion of the court.

153. Public Documents – Includes the written officials acts, or record of official acts of the
sovereign authority, official bodies and tribunal, and public officers, whether of the Philippines, or a
foreign country, documents acknowledged before a notary public, except last will and testament, or
those acknowledged before competent official, with the formalities required by law and public records
of private documents required by law to be entered therein and be kept in the Philippines

154. Public Key – refers to the key of a key pair used to verify a digital signature

155. Reasonable Doubt - state of the case which, after full consideration of all the evidence, leaves
the mind of the judge in such a condition that he cannot say that he feels an abiding conviction, to a
moral certainty, of the truth of the charge.

156. Rebuttal evidence – Is that which is given to explain, repel, counteract or disprove facts given
in evidence by the adverse party.
157. Recantation - A Witness who previously gave a testimony subsequently
declares that his statements were not true.

158. Recognizance - Obligation of record entered into before some court of magistrate duly
authorized to take it, with the condition to do some particular act, the most usual condition in criminal
cases being the appearance of the accused for trial.

159. Re-cross Examination – is the operation of examining a witness who has finished his
examination in chief, cross-examination, and re-direct examination, by the lawyer who cross-examined.

160. Re-direct examination – This is further interrogation by a party of his own witness after cross-
examination which is principally intended to explain or supplement his answer during the cross-
examination. (Section 7, Rule 132)

161. Rejoinder- part of the trial when the defense is allowed to call witnesses and attempt to cast
doubt on what the prosecution witnesses testified about.

162. Relevancy of evidence – The initial and true test of admissibility. Means that evidence must
have such a relation to the fact in issue as to induce belief of its existence or non-existence.(see Sec.
4, Rule 128.)

163. Relevant Evidence – When it has a tendency in reason to establish the probability or
improbability of a fact is issue.

164. Reputation – Means what a person is estimated, said, supposed, or though, to be by others.

165. Res Gestae - means from the Latin meaning -"things done." It "refers to those exclamations
and statements made by either the participants, victims, or spectators to a crime immediately before,
during, or immediately after the commission of the crime, when the circumstances are such that the
statements were made as a spontaneous reaction or utterance inspired by the excitement of the
occasion and there was no opportunity for the declarant to deliberate and to fabricate a false statement

166. Return – a document where the police state when the warrant was executed and itemized
inventory of what was seized.

167. Road block – stopping of all vehicles travelling on a street.

168. Roving Checkpoint – checkpoint set up for temporary use.

169. 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.

170. Searching Questions and Answers - Such questions as have the tendency
to show the commission of a crime and perpetrator thereof.

171. Secondary evidence – Is that which shows that better, or primary evidence exists as to the
proof of a fact in question. (Section 5, Rule 130.)

172. Seizure - It is the physical taking of a thing into custody; contemplates a forcible disposition of
the owner.

173. Self-Authenticating Documents – those which can be introduced into evidence without
calling witnesses to authenticate them.

174. Self-serving Declarations – Are unsworn statements made by the defendant out of court and
which are favorable to his interests. They are not admissible in evidence as proof of the facts asserted,
whether they arose by implication from acts and conduct or were made orally or reduced to writing.

175. Sequestered – when a jury is kept away from people who are not on the jury.

176. Sobriety Test – given to determine if a person is intoxicated.

177. Spectograms –Voice Recordings based on intensity frequency and time gaps.

178. Spontaneous Exclamation is defined as "a statement or exclamation made immediately after
some exciting occasion by a participant or spectator and asserting the circumstances of that occasion
as it is observed by him. People of the Phil. vs. Manhuyod, Jr., G.R. No., 124676, May 20, 1998).

179. Standing – possession of the necessary relationship to an issue to be permitted to raise that
issue in a court of law.
180. State Witness - One of two or more persons jointly charged with the commission of a crime
but who is discharged with his consent as such accused so that he may be a witness for the state.

181. Stipulation – agreement between all sides to a lawsuit

182. Stop and Frisk - A limited protective search of outer clothing for weapon.

183. Substantial evidence – is more than a mere scintilla. It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.

184. Suppression Hearing – hearing held prior to trial, for the purpose ofe determining whether
evidence may be used in trial.

185. Survivorship Disqualification Rule- dead man’s statute.

186. Terry Stop – investigative street detention named after the Terry vs Ohio Case.

187. Testimonial Evidence - is that which is submitted to the court through the testimony or
deposition of a witness.

188. Trace Evidence – small amounts of material that a suspect leaves or acquires when he
comes in contact with a mother object.

189. Transactional Immunity - witness can no longer be prosecuted for any

offense whatsoever arising out of the act or transaction.

190. Trial in Absentia - accused in case of his non-appearance After Arraignment despite due
notice simply means that he thereby waives his right to meet the witnesses face to face, among others.

191. Trial - It is the examination before a competent tribunal according to the laws of the land, of
the facts put in issue in a case for the purpose of determining such issue.

192. Trier of the Facts – the jury or the judge whoe evaluate the evidence and decide which are
facts.

193. Trier of the Law – the judge who decides wat law applies to the given case.

194. Unsound Mind - any mental aberration, whether organic or functional, or induced by drugs or
hypnosis.

195. Use and Derivative Use Immunity - witness is only assured that his or her particular
testimony and evidence derived from it will not be used against him or her in a subsequent
prosecution.
196. Verbal Acts – are utterances which accompany some act or conduct to which it is desire to
give a legal effect.

197. Verdict- The decision of a jury or a judge whether defendant is guilty.

198. Victim- Each jurisdiction has distinct definitions of “victim,” but generally a victim is a person
harmed by a crime, or the family or close friend of that person when he or she is incapacitated or was
killed.

199. Voir Dire- The pretrial questioning of individuals who are potential jurors to decide whether
they can be on a jury

200. Wiretapping – interception of communication through telephone or telegram.