– the means, sanctioned by the Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
In the case of Bustos vs. Lucero, it provides legal definition of evidence which is the mode and manner of proving competent facts in judicial proceedings.
is the result/effect result/effect of evidence. evidence. It is the probative probative effect of evidence evidence and is the conviction or persuasion of the mind resulting from a consideration of the latter whereas is the cause necessary to establish the proof whereas.
– 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.
Examples: a. A rifle used in the commission of murder b. Shovel used to bury the body of the victim - consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents. Examples: a. Contracts b. Deed of Sale c. Deed of Donation – it refers to oral evidence or that which a witness testifies in court.
Examples: a. Testimony of witness in court b. Depositions c. Affidavits
– evidence which has a relation to the fact in issue as to induce belief in its existence or non-existence; evidence which tends in any reasonable degree to establish the probability or improbability of the fact in issue. – evidence which is directed to prove a fact in issue as determined determined by the rules of substantive law and pleadings; evidence of such quality of substantial importance to the particular issue, apart from its relevance. Note: The terms “relevant” and “material” are pract ically the same. same. They are used interchangeably interchangeably by the SC.
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“ X” stubbed “Y” with a double -edged knife and instantly died. The policemen recovered the said knife with blood stains from the suspect for it was still in his hands at the time of his arrest. The evidence presented was the double-edged knife to prove the identity of the knife used to murder “Y”. The said evidence is admissible evidence because it was relevant/material and competent to the case. – evidence which has no relation to the fact in issue.
Example: “X” raped “Y” in her room. “Z” witnessed the incidence. The issue was whether or not “X” raped “Y”. The witness in her testimony attempts to prove that the drapes in the room of a rape scene were blue. In this case, the evidence is irrelevant/immaterial. The room itself may be relevant to the case, but the color of the drapes doesn't have anything to do with the rape case. – evidence which is not excluded by the law or by the Rules of Court.
Example: (same example in no. 2) – evidence which is excluded by the law or by the Rules of Court.
Examples: a. Hearsay evidence b. Evidence in violation of the Bank Secrecy Law c. Evidence contrary to Anti-Wire Tapping Law d. “X”, a policeman get a tip that a murder weapon is concealed in a pillow case at the back of the closet of B, the suspec t. Without a search warrant, “X” searched the suspect’s residence and discovered the said weapon and it was presented as evidence. The discovered weapon is considered relevant/material but incompetent evidence because it was obtained as a result of an illegal search.
– evidence which proves a fact in dispute without the aid of any inference or
presumption. Example: a.
A gun with fingerprints on it as evidence is considered a direct evidence because this places a weapon into someone's hand as a fact. b. The testimony of the prosecution witness claiming that he saw that it was actually the deceased who attacked the accused without the latter’s provocation. – proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence. It indirectly proves a fact in issue based on various attendant circumstances.
Example:
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Testimony of “X” that he saw “Y” running away from the room where the incidence of theft occurred (crime scene). Not having seen the act of taking personal property, such testimony becomes circumstantial evidence.
– evidence of the same kind and character as that already given and tends to prove the same proposition.
Example: “X”, “Y” and “Z”, witnesses, testified that they saw the stubbing incident that “A” stubbed “B” which “X” claimed he saw. The subsequent testimonies of “Y” and “ Z” of the same kind are cumulative. – evidence of a different kind and character tending to prove the same
point. Example: “ X”, a witness claims that he saw “ Y” signed the document subject of the action forgery. “ Z” denies the authenticity of his signature. Evidence by a handwriting expert is considered corroborative.
– evidence which suffices for the proof of a particular fact until contradicted and overcome by other evidence.
Example: a. Certificate of Title is a prima facie evidence that the registered name is the owner of the titled property b. Videotape of the victim showing the stubbing incident is a prima evidence of establish murder c. Birth certificate is a prima facie evidence of a child’s filiation – evidence which is incontrovertible and which the law does not allow to be
contradicted. Example: a. Contract of Lease is a conclusive evidence that the lessee is not the owner of the thing leased b. Death Certificate c. Court’s record of the case is a conclusive evidence as to the facts stated therein
– when a witness affirms that a fact did or did not occur.
Example:
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“X” affirms in the witness stand that “ Y” was in the room when the murder took place. – when a witness states that he did not see or know the occurrence of a fact.
Example: “X” negates in the witness stand “X”’s presence in the room as according to him, they were both at the garden.
– evidence which affords the greatest certainty of the fact in question. General Rule : When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself. Exceptions: 1. 2. 3.
4.
When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice; When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and When the original is a public record in the custody of a public officer or is recorded in a public office.
Original of a Document: 1 2 3
The original of the document is one the contents of which are the subject of inquiry. When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals. When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals.
Note: The Best Evidence Rule applies only when the contents of the document are the subject of inquiry. It does not apply when the issue is only as to whether or not such document was actually executed or in the circumstances relevant to its execution. (People vs. Tandoy, 1990)
1. -
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Baptismal and Marriage Certificate They are only evidence to prove the administration of the sacraments on the dates therein specified Baptismal certificate is not conclusive proof of filiation being hearsay
2. Medical Certificate To prove torture inflicted by the police, the medical certificate alone without the testimony of the examining physician is inadmissible (People v. Villagracia, 226 SCRA 398) -
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3. Residence Certificate The place of obtaining a residence certificate and the date contained are not conclusive as to the real residence or domicile of a person owning said certificate. (Zuellig v. Republic, 83 Phil. 768) -
4. Tax declaration It can be used as evidence that a portion of land had been sold. (Gacos v. CA, 212 SCRA 8) -
5. Accounts and Account Books Where the custom broker’s authorized representative accepted the cargo “OK and complete” as shown in the surveyor’s report countersigned by him and it was obviously his assigned task to note defects in the cargo, said acceptance—if not being outright upon the custom’s broker— is at least evidence of the condition of the goods when thus received. (Insurance Company of North America vs. C.F. Sharp & Co., Inc. 18 SCRA 462) An audit made by or the testimony of a private auditor is inadmissible in evidence as proof of the original records, books of accounts, reports or the like. (Compania Maritima vs. Allied Free Workers Union, 77 SCRA 24) -
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– evidence which is necessarily inferior to primary/best evidence and shows on its fact that better evidence exists.
When original document is unavailable . — When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. When original document is in adverse party's custody or control . — If the document is in the custody or under the control of adverse party, he must have reasonable notice to produce it. If after such notice and after satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the case of its loss. Evidence admissible when original document is a public record . — When the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof. Party who calls for document not bound to offer it . — A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence. Excuses for not presenting the original: 1. When the original has been lost or destroyed or cannot be produced in court, without bad faith on the part of the offeror; 2. When the original is in the custody or under the control of the party against whom the evidence is offered and the latter fails to produce it after reasonable notice 3. When the original consists of numerous accounts or other documents cannot be examined in court without great loss of time and the fact sought to be establish is only the general result of the whole; and 4. When the original is a public record in the custody of a public officer or is recorded in a public office. Page 5 of 6
How to lay the basis for presenting secondary evidence: 1. The offeror must prove the execution and existence of the original document; 2. The offeror must show the cause of its unavailability (Loss, destruction, or unavailability) 3. The offeror must show that the unavailability was not due to his bad faith When original is in the custody or control of the adverse party Laying the basis requires: 1. The original exists. 2. That the said document is under the custody or control of the adverse party; 3. That the proponent of secondary evidence has given the adverse party reasonable notice to produce the original document 4. That the adverse party failed to produce the original document despite the reasonable notice.
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