Mark Angelo M.

Ponte
A-Puerto

1. Define evidence?

- Evidence is the means, sanctioned by these rules, of ascertaining in a way that

judicial proceeding the truth respecting a matter of fact.

2. Be able to explain sanction by the rule?

- The procedure for determining the truth is as provided for under Rules 128 to Rule
133, including the amendments there to and their interpretation given by the Courts.

3. What do you mean by ascertaining in judicial proceeding?

- The rules or procedure is applicable only to controversies tried by the regular courts
of law; the procedure or rules of evidence do not apply in quasi-judicial or
administrative tribunals or to courts martial. The latter may adopt the rules in their
discretion.

4. Define truth?

- a). The ultimate objective of the rules of evidence is to render justice by arriving at
the truth of a matter in dispute i.e. by knowing the facts and the meaning of these
facts. b). Factual or moral truth- the truth which the court seeks to know c). Judicial
truth- the truth as found by the courts based on the evidence presented to it d) Ideal
or perfect justice- when the judicial truth is likewise the factual truth.

5. What does the rule says or mean when it says a matter of fact?

- Which is to be determined by the senses or by the testimony of witnesses who

describe what they have perceived through the senses of sight, smell, touch, taste, and
hearing. Courts use the term matter of fact to distinguish a particular kind of
information.

6. Be able to identify what is the ultimate facts.

- Ultimate Fact is a conclusion of fact which is logically deduced from evidence in a

trial. These ultimate facts alleged the substance of the cause of action and were
distinguished from evidentiary facts, which concerned the particular events of the
case, and conclusions of law.

7. What is evidentiary facts?

- Evidentiary Fact: a fact that makes other facts more probable (makes certain
statements more or less likely to be true). When viewed together at trial, evidentiary
facts serve as a basis for concluding whether the ultimate fact has been proven with
the required degree of certainty.
8. Be able to identify what distinguish ultimate facts from evidentiary facts.

- Ultimate facts is defined as “those facts which the expected evidence will support.
The term does not refer to the details of probative matter or particulars of evidence by
which these material elements are to be established.” It refers to the facts that the
evidence will prove at the trial. -Evidentiary facts, on the other hand, are the facts
necessary to establish the ultimate facts; they are the premises that lead to the
ultimate facts as conclusion. They are facts supporting the existence of some other
alleged and unproven fact.

9. Co-relate to the latin maxin word or Latin word principles called factum
probandum or factum provans?

- Latin: A fact or statement of facts. For example, a factum probans (pl. facta
probantia) is a fact offered in evidence as proof of another fact, and a factum
probandum (pl. facta probanda) is a fact that needs to be proved.

10. How do you ascertain if the fact is factum probandum or factum probans ,
you have to make sure to give examples.

- Factum Probandum and “Factum Probans”. All litigations, whether civil or criminal,
involve the relationship between these two concepts. a) Factum Probandum refers to
the ultimate fact to be proven, or the proposition to be established. That, which a
party wants to prove to the court. E.g.: guilt or innocence; existence of a breach of
contract; existence of an obligation; the fact of payment; the injury or damage
incurred. b). Factum Probans refers to the evidentiary facts by which the factum
probandum will be proved. Examples: the written contract; the promissory note to
prove the existence of an unpaid debt.

11. Why then evidence is required? Is there any vested right in the rules of
evidence?

-During the course of the trial, the lawyers may object to certain testimony or other
evidence that the opposing party offers. The judge then decides whether the law allows
such evidence to be presented.

12. How are the rules are evidence are construed?

-The general rule is that there is no vested right of property in rules of evidence.

13. When is there a need to present evidence? Evidence is indeed when?

-Evidence is used to back up or refute arguments, and it helps us to make decisions at

work. Using evidence allows us to work out what is effective and what is not.

14. Where is the evidence require?

- Evidence that cannot be presented to the jury or decision maker for any of a variety
of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs
the probative value), it is hearsay, it is not relevant to the case.
15. What is the doctrine of processual presumption?

-Doctrine of Processual Presumption – The foreign law, whenever applicable, should be

proved by the proponent thereof, otherwise, such law shall be presumed to be exactly
the same as the law of the forum.

16. What is proof?

- confirmation of a fact by evidence. In a trial, proof is what the trier of the fact (jury or
judge without a jury) needs to become satisfied that there is "a preponderance of the
evidence" in civil (non-criminal) cases and the defendant is guilty "beyond a reasonable
doubt" in criminal prosecutions.

17. Can you differentiate proof from evidence?

- Proof is a fact that demonstrates something to be real or true. Evidence is

information that might lead one to believe something to be real or true. Proof is final
and conclusive. Evidence is tentative.

18. Know is what Section II of Rule 128.

- Section 2. Scope. — The rules of evidence shall be the same in all courts and in all
trials and hearings, except as otherwise provided by law or these rules.

19. What are the exemption to General rule as to its application.

- Another exception to the general rule that courts will generally only judicially review
errors of law is where action is taken or a decision is made on the basis of no evidence,
a lack of sufficient evidence, or an error of material fact.

20. What is the difference probative value of evidence and admissibility?

- Probative value of evidence - evidence which is sufficiently useful to prove something

important in a trial. However, probative value of proposed evidence must be weighed
by the trial judge against prejudicing in the minds of jurors toward the opposing party
or criminal defendant and - the Admissibility of evidence based on HOW the evidence
is obtained or acquired and not WHAT the evidence proves. Even if the manner of
obtaining the evidence is in violation of a certain law but the law does not declare that
the evidence is inadmissible, then such evidence will be admissible.

21. What are the requisites of admissibility?

- To be admissible in court, the evidence must be relevant (material and having

probative value) and not outweighed by countervailing considerations.

22. What are the five words classification of evidence?

- These five rules are—admissible, authentic, complete, reliable, and believable.

23. When is an evidence considered admissible and not admissible?

-Section 3. Admissibility of evidence. Evidence is admissible when it is relevant to the

issue and is not excluded by the law of these rules.

24. What is it mean probative value of evidence and admissibility?

- Each piece of relevant evidence will be considered based on its “probative value,”
which is the weight or persuasive value that the court assigns to that particular piece
of evidence when considering its value towards proving a point of fact in question for
the case being heard.

25. What is relevancy?

- Evidence must have such a relation to the fact in issue as to induce belief in its
existence or non-existence. 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.

26. What is the test in pertaining of relevancy of the evidence?

-Real Evidence, Documentary Evidence, Testimonial Evidence, Admissibility of

Evidence.

27. What are the component of relevancy?

- Evidence must have such a relation to the fact in issue as to induce belief in its
existence or non-existence.

28. What are the rules on collateral matters?

- 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.

29. What is the general rule about collateral matters and what are the
exemption?

-Evidence must have such a relation to the fact in issue as to induce belief in its
existence or non-existence. 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.

30. What is the relation of competency to evidence in general?

- 1 with respect to evidence, competency is equivalent to admissibility. 2 in relation to

a witness, competency refers to his legal capacity to be a witness. 3 in relation to
proceedings that have no legal foundation, these are said to be incompetent.
31. What are the principle or be able to explain exclusionary rule?

- The exclusionary rule prevents the government from using most evidence gathered
in violation of the United States Constitution. The decision in Mapp v. Ohio
established that the exclusionary rule applies to evidence gained from an
unreasonable search or seizure in violation of the Fourth Amendment.

32. What is the general rules about collateral materials and what are
exemptions?

- General Principles. A collateral fact is a "fact not directly connected" or not relevant
to "the issue in dispute" The collateral fact rule prohibits the admission of any
evidence that would tend to contradict any previously admitted collateral evidence.
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.

33. What are evidence that are excluded by the constitution?

- Evidence will be excluded if it was gained through evidence uncovered in an illegal

arrest, unreasonable search or coercive interrogation, or violation of a particular
exclusionary law. 2. It is an offshoot of the Exclusionary Rule which applies to primary
evidence.

34. Credibility us competency be able to distinguish a competent evidence from

the act of credible evidence.

- In order for VA to consider lay evidence it must be deemed competent and credible.
Competency refers to the knowledge of the individual completing the statement.
Credibility speaks more to the reliability of what is being said in the statement.

35. Under the doctrine of the fruit of poisonous tree be able to explain the
inevitable discovery and interdependent source doctrine and attenuation
doctrine?

- The inevitable discovery doctrine allows admission of evidence that was discovered in
an unlawful search or seizure if it would have be discovered in the same condition
anyway, by an independent line of investigation that was already being pursued when
the unlawful search or seizure occurred.

36. What are the evidence excluded by the constitution?

-Evidence will be excluded if it was gained through evidence uncovered in an illegal

arrest, unreasonable search or coercive interrogation, or violation of a particular
exclusionary law.

37. Be able distinguish a competent evidence form the credible evidence

-Competent evidence tends to prove the matter in dispute while Credible evidence is
not evidence which is necessarily true, but is evidence worthy of belief, that is, worthy
to be considered by the jury. It is often natural, reasonable and probable as to make it
easy to believe.
38. What is multiple, curative and conditional admissibility?

- Multiple admissibility is When a fact is offered for one purpose, and is admissible in
so far as it satisfies all rules applicable to it when offered for that purpose, its failure
to satisfy some other rule which would be applicable to it offered for another purpose
does not exclude it.
-Curative Admissibility - A party has the right to introduce incompetent evidence in
his behalf where the court has admitted the same kind of evidence adduced by the
adverse party. This is to prevent manifest injustice.
- Conditional Admissibility – evidence is admissible only in dependence upon other
facts. It is received on the express assurance of counsel, when objection is manifested,
that other facts will be duly presented at a suitable opportunity before the case is
closed.

39. What does it mean multiple curative admissibility?

-Where the court has admitted incompetent evidence adduced by the adverse party, a
party has a right to introduce the same kind of evidence in his/her behalf.

40. What are the 3 theories of curative admissibility and what doctrine applies in
the Philippine jurisdiction?
-One of these is the doctrine of incorporation, as expressed in section 2, Article II of
the Constitution, Wherein the Philippines adopts the generally accepted principle of
international law and international jurisprudence as part of the law of the land and
adheres to the policy of peace, cooperation, and amity.
41. What is direct and substantial evidence?
-Direct evidence proves a challenged fact without drawing any inference.
Circumstantial evidence, on the other hand, indirectly proves a fact in issue, such that
the factfinder must draw an inference or reason from circumstantial evidence.
42. What is the important consideration of circumstantial evidence?
-Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal
law, the inference is made by the trier of fact to support the truth of an assertion (of
guilt or absence of guilt). Reasonable doubt is tied into circumstantial evidence as that
evidence relies on inference.