RAMONCITO BIENVENIDO T OCAMPO, JR

Assistant City Prosecutor

Quezon City Prosecutor’s Office

REVIEWER IN EVIDENCE

Evidence –is the means sanction by the Rules of Court of

ascertaining in a judicial proceedings the truth respecting a matter
of fact.

Evidence vs Proof

Evidence is the mode and manner of proving competent facts

in a judicial proceedings while proof is the result or effect of
evidence.

Factum Probandum – is the ultimate fact or the fact sought

to be established.

Factum Probans – is the evidentiary fact or the fact by

which the factum probandum is to be established.

Classification of Evidence according to form

Real evidence or object evidence

Documentary evidence
Testimonial evidence

Positive evidence – Evidence is positive when the witness

affirms that a fact did or did not occur.

Negative evidence – Evidence is negative when the witness

states he did not see or know the occurence of a fact.

Prima facie evidence – is that standing alone unexplained

or uncontradicted is sufficient to maintain the propostion affirmed.

Conclusive evidence – is that class of evidence which the

law does not allow to be contradicted.

Cumulative evidence – is evidence of the same kind to

thesame state of facts.

Corroborative eivdence – is addtional evidence of a

different charater to the same point.
 Direct evidence – is that prove a fact in dispute without the
aid of any inference or presumption.

Circumstantial evidence - is the proof of a fact or facts

from which taken either singly por collectively, the existence of a
partticular fact in dispute may be inferred as a necessary or
probable consequences.

Circumstantial evidence is sufficient for conviction if (a) there

is more than one circumstance; b) the facts from which the
inference are derived are proven and c) the combination of all the
circumstances is such as to produce a conviction beyond reasonable
doubt.

Quantum of Proof :

a) In criminal cases – Proof beyond reasonable doubt

b) In civil cases - Preponderrance of evidence
c) In administraitve cases – Substantial.

Judicial Notice – is the congnizance of certain facts which

judges may properly take and act on without proof they already
know them

Confession – is the categorical acknowledgment of guilt

made by an accused in a criminal case without any exculpatory
statement or explanation .

Leading question – is a question which suggests to the

witness the answer which the examining party desires.

Misleading question – is one which assumes as true a fact

not yet testified by the witness or contrary to that which he has
previously stated.

Dying Declaration also known as ante mortem statement

or a statement in articulo mortis is admissible under the
following requisites : a) The death is imminent and the declarant is
conscious of that fact; b) the declaration refers to the cause and
surrounding circumstances of such death; c) the declaration relates
to facts which the victim is competent to testify and d) the
declaration is offered in a case where the declarant’s death is the
subject of the inquiry.
 The following facts need not be proved : a) Facts which
are presumed; b) facts which are of judicial notice and c) facts
which are judicially admitted.

PRIVILEGED COMMUNICAITON

a) Marital privilege
b) Attorney-client privilege
c) Physician-patient privilege
d) Priest –Penitent privilege
e) Privilege communication to public officers

Parent and filial privilege – no person may be compelled to

testify against hisparents, or other direct ascendants, children or
other direct descendants.

In criminal cases except those involving quasi-offenses

(criminal negligence ) or those allowed by law to be compromised ,
an offer of compromise by the accused may be recieved in evidence
as an implied admission of guilt. Rule 130 Sec 27

Unless in rebuttal the prosecution may not prove the bad

moral character of the accused which is pertinent to the moral trait
involved in the offense charged.

Burden of Proof or onus probandi is the obligation impose

upon a party who alleges the existence of facts necessary for the
prosecution of his action.

Burden of Proof vs Burden of Evidence

Burden of proof does not shift as it remains throughout the

trial with the party upon whom it is imposed, the burden of
evidence shifts from party to party depending upon the exigencies
of the case in the course of the trial